Even the jail bars could not keep Rakesh Roshan Kiro quiet.
I still remember the date of 28th July 2018. Like any normal day, I woke up in the morning and started doing my daily tasks. I did not go to office that day. After finishing reading the newspaper, I was walking in the courtyard when I got a call from a friend. His first question was, “Did you read today’s newspaper?” I replied casually, “Yes, read.” He then asked, “So why are you looking so normal? Have you missed some important news?” When I expressed my ignorance, he told me that my name was published in the headlines of Dainik Bhaskar. A case has been registered against 20 people including me in the Pathalgadi case. As soon as I heard this, my heartbeat increased and I immediately disconnected the phone. As I read the report, my anxiety increased. It was written in the report, on July 26, 2018, Khunti police station in-charge has registered a case of treason against 20 people including me. It is alleged that we had written a post on Facebook in support of the ongoing Pathalgadi movement in Khunti. After reading the entire news I became numb. Then somehow I controlled myself and took the first decision that my family should not know about this at any cost.
After some time, calls from acquaintances started coming. Some sympathized, while others advised me to turn off my phone and stay away from social media. Someone asked him to leave Ranchi and even advised him to join politics. But my decision was clear, I will neither run away nor hide. I will stay here and fight this battle from here.
To understand this entire scenario, it is important to know the background. Around 2017, a movement started demanding autonomy and self-governance in Khunti and surrounding areas. This is a Fifth Schedule area, hence special laws like PESA should have been applicable here. But even decades after independence, the administration continued to function mainly under general laws. As a result, external interference and land plundering in tribal areas increased, leading to deep discontent among the Munda community. In resistance to this they adopted their traditional practice, Pathalgadi, as a tool of struggle.
Articles of the Constitution that support tribal rights and self-governance began to be carved in stone. The controversy further escalated when Pathalgadi’s writings while interpreting Article 19(5) talked about restrictions on the settlement and business of outsiders. Meanwhile, the situation became more complicated with the arrival of Satipati group, who called for boycott of government services and even burning of government documents.
When oppression on tribals increased in Khunti, social workers and intellectuals like us started writing continuously on social media in support of their rights. Our support was for constitutional rights and not for boycotting government services. On 26 June 2018, there was a clash between police and villagers in Ghaghra village. A villager died in the firing. After this the mob kidnapped the security guards of a former MP.
After this incident, people writing on social media came under the attention of the administration. The same evening I wrote a long post on Facebook, the gist of which was that the government should give up its stubbornness and adopt the path of dialogue. I added one more line, “Article 21 has been rightly interpreted.” That is all. On the basis of these two posts, a case of treason was registered against me.
Considering the seriousness of the matter, we held a meeting in Ranchi on 30 July 2018 with the support of CPI (ML). The lawyers told us that the case has been registered under Section 66(A) of the IT Act, which the Supreme Court has already declared unconstitutional. We filed a petition in the High Court. In this, Father Stan Swamy, Vinod Kumar, Alok and I came forward to lead this process. We also submitted copies of our Aadhar cards for identification, which simply meant that now the police pressure would fall directly on us. The irony was that the High Court rejected our petition on the basis of the same section which had been rejected by the Supreme Court.
The situation remained calm for about six months. But by the end of January 2019, the Khunti Superintendent of Police issued arrest and property attachment orders against all four of us. Meanwhile, the police of Thathaitangar police station reached my house. They interrogated my family members. When the family questioned me, I had no option but to tell them the whole truth.
On October 20, the police took action to attach the house of Father Stan Swamy. After that the station in-charge spoke to me on phone and admitted that there was huge pressure on him from above. Luckily I was in Ranchi at that time.
In December 2019, the government changed in Jharkhand and Hemant Soren became the Chief Minister. In his very first cabinet meeting he announced the withdrawal of all treason cases registered in the Pathalgadi case. This was a big relief for us. However, the judicial process dragged on and finally in February 2023, the court formally closed the sedition case registered against us.
These five years of struggle taught me a lot. I observed closely that the meaning of freedom of expression depends greatly on whether you are a common citizen or a powerful person. During this time, people close to me also started maintaining distance from me. Now that the case has finally come to an end, life is slowly returning to normal. But one thing is certain, the struggle for constitutional rights and justice will always continue.
The treason case was registered in 2018 and ended in 2023. A lot happened during this journey and I got the opportunity to see and understand many experiences. Call it luck or bad luck.
The first two years were the scariest. Till December 2019, hardly a day passed when I was not afraid of arrest. There was definitely some relief after the change of government. A big change in my personal life is that whether we are in the eyes of the government or not, now we definitely live in the eyes of our family. My family keeps an eye on my every Facebook post, worried that I might write something too harsh or harsh again. Now my way of working has also changed. Earlier I used to post information about my every activity and every step on Facebook and social media. Doesn’t do that anymore. I still question the government, but now in a more sarcastic manner.
At present, we are living in peace after being acquitted in the treason case. But somewhere there is a fear in everyone’s mind that if BJP/NDA government returns in Jharkhand in the next elections, we will have to think again that when the state makes anti-people policies, raise questions and remain silent.
Ultimately, everything boils down to one thing, adherence to the Constitution and freedom of expression.
