Date: 24.07.2020 I, Vijay Rameshbhai Malhotra, Police Inspector, Anti- Terrorist Squad, Gujarat, submitting this complaint against (1) Samu Oreya, age 21 years, S/O Late Suil Oreya, resident of Gutigara, PS Murhu, District Khunti, Jharkhand, and presently residing in Taluka Vyara, District Tapi (2) Babita Kachhap D/o Sukar Kachhap, age 33 years, resident of 164, Hundru, PS Dorbanda, District Ranchi, presently residing in Jhaldada village Taluka Santrampur, District Mahisagar (3) Birsa Oreya, age 27 years, S/o Late Suil Oreya, resident of Gutigara, PS Murhu, District Khunti, Jharkhand, and presently residing in TalukaVyara, District Tapi, and other unknown persons, under section 121 A, 124 A, 153 A, and 120 B of the Indian Penal Code. The above-named accused persons, along-with other unknown accused persons, are activists of Pathalgadi Movement and they have conspired to instigate the followers Sati-Pati cult to take violent means to overawe the elected government by means of criminal force in Gujarat state. They are instigating the follower of Sati-Pati cult against others on the basis of caste and class. Babita Kachhap and Birsa Oreya are absconding accused in offences registered at various police stations in Jharkhand State related to violent activities pertaining to Pathalgadi Movement. The Pathalgadi Movement, gained popularity in several villages of Jharkhand’s Khunti district in late 2016. Historically, the word ‘Pathalgadi’ comes from a tribal custom of positioning a stone on a dead person’s tomb. Contemporarily, drawing from this custom, Adivasi communities in Jharkhand display messages on large stones— known locally as Pathalgadi— that are painted green and measure about 15 ft by 4ft. The ae 1movement seeks to replace the power of the central and state government with that of the local gram sabha. However, they are using violent and illegal means to pursue their objectives, leading to various incidents of violence in Jharkhand. Thus, the messages they display include excerpts from the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) as well as warnings to outsiders that inform them not to enter the villages. Several plaques erected in Pathalgadi Movement have inscriptions stating that ‘India is a non-judicial country and Adivasis are the original residents of India. Being governed by customary laws, they are beyond the purview of man-made laws’. Whereas, Sati-Pati @ ‘Ante Christ/ AC Bharat Sarkar Kutumb Parivar’ is a tribal cult founded by Late Kunwar Keshrisinh, r/o Katasvan, PS Kakrapar, Vyara Taluka, District Tapi, Gujarat. The Headquarters of Sati Pati cult is located at Katasvan village, District Tapi. In the name Sati-Pati, Sati indicates mother, and Pati father. The followers of Sati-Pati cult claim that in the ‘Gandhi-Irwin Pact’, (Section 55 columns 36, a, b, c,d, e, f, g, and h) the country was declared “United Tribal Excluded Partial Area” allegedly implying that “Country of Tribal” was excluded from outside intervention, and argue that their separate identity was accepted by both Indian and British Governments. Further, they argue that their land was taken by the British on a 99-year lease in the year 1870, which expired in 1969 and the land must be restored to them instead of Government of India allegedly under the provision of The Land Revenue Rules 1921 and The Gujarat Land Revenue Rules 1972. They also claim that their independent status was internationally recognized, when Kunwar Keshrisinh, was ehidentified as First “Lord of the Treasury” and, therefore, as a member of the “British Commonwealth” they hold allegiance to the British Crown under the “Race Relation Act” 1968 of United Kingdom. The Act hold Government Departments accountable to the Race Relations Board. On the basis of the above, the cult has also formed a 11 member “Race Relations and Conciliation Committee (RRCC)", which is actively involved in organizing annual events to propagate their ideology and urge the followers of the cult to not to follow the rules and acts laid by the Union/State governments and government departments. It further directs its followers to surrender ration card, election card, Aadhar card and dissuades them from paying taxes. The cult arranges its finances mainly through contribution. However, it collects fees from its members for meeting administrative expenses like printing and sending notices to various government authorities. Pertinently, in Gujarat, the Sati-Pati cult has followings in Bhil, Kunbi (Konkani) and Varli tribes and are concentrated in the districts of The Dangs, Valsad, Tapi, Navsari, Narmada, Banaskantha, The Panchmahals, Chhota-Udeipur, and Surat. Beside Gujarat, the Sati-Pati cult has presence in some parts of Rajasthan, Maharashtra, Orissa and Jharkhand. During early 2020, some of its congregations were also held in Sirohi and Pali districts of Rajasthan. Some of its members from District Khunti, Jharkhand had attended its congregation last year held at Vyara, Tapi. Last congregations were held at The Dangs during January 03-05 (Village Dokpatal, Taluka Waghai) and January 19-21 (Village Dhulda, Taluka Subir), in the year 2020 However, the past history and intelligence collection reveals that members of Sati-Pati cult normally do not indulge ee ¢ 3in violent activities or show of force in support of their demands/ ideology. In last few ears, interaction of leaders of Pathalgadi Movement of Jharkhand and Sati-Pati cult in Gujarat had started taking place. The leaders of Pathalgadi Movement had attended various functions of Sati-Pati cult’ in Gujarat, including functions held at Katasvan, District Tapi in the year 2015, 2017 and 2019. In the meanwhile, Pathalgadi Movernent has started following the path of violence to achieve their objectives, and the activists of Pathalgadi Movement resorted to violent clashes against government authorities, and propagated disaffection and violence against the duly elected government In June 2018, five women of an NGO, who were in Khunti district to raise awareness against human trafficking, were allegedly abducted and raped by the activists of Pathalgadi Movement. In another incident, seven tribal villagers were killed by the supporters of Pathalgadi Movement on 19th January, 2020 in village Burugulikher, District West Singhbhum, Jharkhand. An intelligence input was received from the reliable source that Babita Kachhap is involved in instigating the followers of Sati-Pati cult to resort to violent means in the pursuit of their objectives. The intelligence input further indicated that her area of activity is Kevadia, Dahod and Chhota-Udeipur. Further, as per intelligence received, Samu Oreya and Birsa Oreya are also active in instigating the followers of Sati-Pati cult in Vyara Taluka of Tapi district. They are instigating the followers of Sati- Pati cult by wrong interpretation of the Vth Schedule of the Constitution of India and Panchayats (Extension to Scheduled Areas) Act, 1996. The intelligence input further indicated that 1 4Birsa Oreya and Babita Kachhap are absconding accused under various offences registered in Police Stations in Jharkhand regarding the illegal acts of sedition, conspiracy to wage war, abduction, kidnapping, etc. committed by the activists of Pathagadi Movement. Some of the offences registered against Babita Kachhap are enumerated herein-below: 1. Khunti PS FIR No.- 102/17, Dated: 24.06.2017 u/s 109/114/117/186/290/353/124(a), IPC. 2. Khunti PS FIR No.- 143/17, Dated: 25.08.2017 u/s- 147/148/149/341/342/323/327/353/504 /506/ 120(b)/ 124(a) IPC 3. Murhu PS FIR No. 11/18 Dated: 09.02.2018 u/s- 109/114/117/124/(A)/153(A)/153(B)/186/290/353/34 IPC 4. Murhu PS FIR No. 20/18 Dated: 13.03.2018 u/s- 147/148/149/341/342/448/323/109/114/117/124(A)/121(A) /290/353/120(B)/504/506/ 186 IPC. 5. Khunti PS FIR No. 33/18, Dated: 09.03.2018 u/s- 147/148/149/341/342/109/114/124(A)/153(A)/153(B}/295(A )/186/353/290 IPC 6. Khunti PS FIR No. 124/18 dated 26.07.2018 u/s 121(A), 121, 124(A) IPC, 66(A), 66(F) IT Act Some of the offences registered against Birsa Oreya are listed herein-below: 1. Khunti PS FIR No. 33/18, Dated: 09.03.2018 u/s- 147/148/149/341/342/109/114/124(A)/153(A)/153(B)/295(A )/186/353/290 IPC 2. Murhu PS FIR No. 20/18 Dated: 13.03.2018 u/s- 147/148/149/341 /342/448/323/109/114/117/124(A)/121(A) /290/353/120(B)/504/506/ 186 IPC, Qe’3. Murhu PS FIR No, 23/18, dated: 20.03.2018 u/s- 147/148/149/341/342/323/290/186/109/114/124(a)/353/1 20(b) IPC. 4. Khunti PS FIR No, 80/18 Dated: 28.05.2018, u/s- 147/148/149/341/342/109/114/124(a)/153(a)/153(b) /295(a) /186/353/290 IPC 5. Murhu PS FIR No. 38/18, Dated: 03.06.2018 u/s- 147/148/149/290/186/109/114/124(a)/353/120(b) IPC 6. Khunti PS FIR No 97/18 dated 26.06.2018 u/s 147/148/149/341/342/307/114/121(a)/379/364/290/ 120(b) IPC 7. Murhu PS FIR No. 39/18 dated 04.06.2018 u/s 420, 467, 468, 471, 472, 120(B), IPC and 6/22 Banking Regulation Act A detailed secret inquiry was conducted by the undersigned to verify the intelligence received regarding the abovementioned activities. After obtaining the legal permission, the mobile bearing number 6207791459 being used by Samu Oreya was kept under technical surveillance, which revealed that the named accused persons are propagating their violent means among the followers of Sati-Pati cult in Gujarat. During the course of his conversation Samu Oreya states that “only tribal will live in India, and no-one else will live in India. The work has started from 2020, still a lot is to be done”. The conversations further indicate that these activists of Pathagadi Movement are advocating violent means to achieve their end. In the course of conversation they allege that “our fights has started in each village, and we will be able to remove camps of Police and C.R.P.F.”. They are discussing that “we should Geposit all the 6ration-cards, Aadhar Card, etc. from the villagers, and those who oppose it should be finished. Villagers have to follow our traditions/customs, and they will have to join our party. Only this behaviour will take us to our objective, and then only we will be able to counter-attack, and no-one will be able to raise his voice against us.” Some of the claims made by them to instigate the naive and innocent tribal followers of Sati-Pati cult are preposterous and bizarre, such as in one call they claim that again British Government will come, and Britishers will rule over the present government, and then we will be independent. In another call, the caller is asking for weapons, who is told that once you are able to prove yourself, then you will receive weapons. In another call the caller says that “Police itself has clarified that we will crush you like mad elephant is crushed in the forest, you have your own administration and we have our own administration, you have rifles and we also have rifles.” The conversations recorded as part of the technical surveillance have also revealed that these activists are inciting various persons to not allow doctors to enter their villages when come for checking of COVID-19 patients. The caller says that “we are not afraid of the DC (District Collector). Already we have started laying the stones (indicating that initiation of the Pathalgadi movement). A lot of atrocity has been committed on. our people. You start the action and we will join after that.” Furthermore, Babita Kachhap is involved in instigating the naive and innocent tribal of Sati-Pati cult by deliberately giving wrong interpretation of Panchayat (Extension of Scheduled Area) Act, 1996 and Vth Schedule of the Constitution. She is instigating the tribal populace by claiming that by virtue of provisions of Panchayat (Extension of Scheduled Area) Act and ryVth Schedule of the Constitution, no representative of State or Union Government can enter the villages inhibited by tribal, and the laws of Union and State have no applicability in these tribal villages. She is asking the tribal villagers to erect stones on the boundaries of tribal villages stating that no outsider can enter these villages without the permission of gram-sabha. The inquiry further revealed that Babita Kachhap is propagating that " area # ak-onParet fax arapy feeg Reel Fe acer FT aT wore athe cet ar attr wofie 2968s, Fg wae et TIT é." The ideology of Pathalgadi Movement is being espoused by her and she is asking the tribal villagers following the Sati-Pati cult to resort to violent means to stop the representatives of Union and State Government from entering the villages. On the basis of the intelligence collected during the course of inquiry, the above-named accused persons were detained today and search was carried in their residences in presence of panch-witnesses. Also, the mobile phones and laptops of the said accused persons were seized and the content in the mobile phones and laptops was viewed in presence of the panch- witnesses. The search at the residence of Samu Oreya has led to recovery of pamphlets and printed material pertaining to Communist Party of India (Maoist), which is a banned organisation, is found. The titles of these documents are as follows: 1. avant aati afearieat- vara Fae 2. wifes afrarea & ara. fae areas Sr ofa fated afters area ft wets TET ( Hrcrardt) ey’3. reds Prerrar qara at afeenre ae ah erardt oraeat ary ae 4. Tat Arta apt - are ( ATsirarfi) 5. Ate & vernal A orerrtt to fra at, Fare ae afafirt a 6. aR - 2erae F arneaara- fae zara pero cofrare ~ fateh wa aricare- Patel at aad ar Ar at Material seized from the accused person, Babitha Kachhap titled “Pathalgadi” has references to the need of the Adivasi communities to adopt a path of struggle to counter the open challenges made by the powerful elite communities to deprive the Adivasis of their existential freedom. The literature further states that the democratic methods of countering these efforts by means of elections and judicial methods are biased against the Adivasis. It also states that any hope of impartiality from these democratic systems would be foolish and extorts the Adivasis to develop a potent weapon in their class struggle. The literature states that the Pathalgadi movement is the most potent weapon in this struggle as the movement seems to have perplexed all the stakeholders in the struggle. The material obtained from them have stated that the system of the Pathalgadi by erecting stones are aimed at preventing non-Adivasis from entering the land of the Adivasis and residing there. It also extols the readers to spread the Pathalgadi movement in all villages and areas as the primary weapon in the class struggle. They have asked that the movement based on the Pathalgadi system to be made into a pan India Adivasi movement. In material seized from one of the accused persons, Birsa Oreya, a hand written material titled “Movables — Immovables Property” was obtained wherein they had claimed “the land neither ahbelongs to the central government nor to the Panchayat nor to the forester nor to the corporation, trust or board.” It also went on to say that the power of the sale of the land of the central government also does not lay with anyone. The analysis of the mobile phone obtained from one of the accused, Somu Oreya has revealed screenshots regarding posts glorifying the use of violence in their struggle. The post inter-alia speaks that one should kill his opponent at the earliest if he feels that the opponent’s existence is detrimental to his own life. The taking up of arms in this struggle is justified. In another handwritten manuscript obtained from the accused, Birsa Oreya, various propaganda materials were seen including materials in the form of letters to be written to various authorities. The material written questions the authority of the government and the officials of the government. It questions the procedures of the government such as collection of revenue, payment of salary, etc. Further analysis of the material also shows records of financial contributions made by a large number of persons. Preliminary analysis of these records indicates that the money has been collected by the accused persons including Birsa Oreya and Samu Oreya to propagate the Pathalgadi ideology among the local Sati-Pati cult followers in the tribal areas of Gujarat. Based on the information collected from technical surveillance and correlating the same based on the material objects seized from the various accused persons and their mobile phones, prima facie it is revealed that these persons had come from Jharkhand with the objective of spreading the ideology of Pathalgadi movement in Gujarat. These accused persons were propagating the ideology whereby they were trying to instigate the followers of the Sati-Pati cult to take up the violent aspects of the Pathalgadi movement in an effort to create schism among the various classes and castes of aye” 10people in Gujarat. By their action and words, these accused persons were trying to create hatred and contempt among the local populace and also create disaffection towards the Government established by law. By their actions and words, these accused persons were trying to create hatred and contempt among the local populace and also create disaffection towards the Government established by law. These accused persons were conspiring to overawe Government by means or by show of criminal force with the intent of creating an atmosphere of violent uprising against the government among the local tribal populace by the adopting the methodologies of the Pathalgadi movement. Based on the facts stated herein above, | submit that an offence is made out against the accused (1) Samu Oreya S/O Late Suil Oreya, resident of Gutigara, PS Murhu, District Khunti, Jharkhand, and presently residing in Taluka Vyara, District Tapi (2) Babita Kachhap D/o SukarKachhap, resident of 164, Hundru, PS Dorbanda, District Ranchi, presently residing in Jhaldada Village, Taluka Santrampur, District Mahisagar (3) Birsa Oreya S/o Late Suil Oreya, resident of Gutigara, PS Murhu, District Khunti, Jharkhand, and presently residing in Taluka Vyara, District Tapi, 24 A, 153A and other unknown persons, under section 121 A, and 120 B of the Indian Penal Code. co Qk Vijay Rameshbhai Malhotra Police Inspector Anti-Terrorist Squad, Gujarat Camp: Vyara