UPDATE (India): District Magistrate misusing his office to lead a smear campaign against human rights activists

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-060-2007
ISSUES: Human rights defenders,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the uninterrupted campaign of the District Magistrate against the human rights organisations within his jurisdiction in Leh district of Jammu and Kashmir. The AHRC has been informed that the Magistrate is now forcing the public media to refuse dissemination of any information in favour of the human rights groups against whom the officer has declared an illegal war. It is also alleged that the Magistrate has managed to get a few ad-hoc associations to lead a smear campaign against the human rights groups that he has forced to stop from functioning.

UPDATED INFORMATION:

On 28 March 2007 the AHRC reported the case of the arbitrary acts of a District Magistrate (DM) Mr. M. K. Dwivedi who is misusing his office and self-assumed authority to prohibit human rights groups from functioning within his jurisdiction. For further information regarding the case please see UA-103-2007.

The AHRC has now been informed that the DM has enforced a complete ban of operations of several human rights groups within his jurisdiction. The DM alleges that several of these groups are misappropriating money and are engaged in anti-national activities. The allegations of the DM are allegedly without any proof. The order of the officer being quasi-judicial in nature affects the legitimate rights of individuals and organisations and their beneficiaries. This order has been challenged by affected groups in the court. However a decision in this regard is yet to be made by the court.

In the meanwhile the DM has also ordered the local police to prevent all public protest against his order. With this intention the officer has misused his office to prevent any public criticism against him. The DM has allegedly instructed the media to refuse dissemination of all information in favour of those groups which the DM is now against, while at the same time has managed to form support groups to lead a smear campaign against the human rights organisations that the officer has declared war against. It is also alleged that the officer is now using these newly formed groups to disseminate false information against the human rights groups through the same media. These ad-hoc rights groups are formed allegedly at the instigation of the DM mostly comprised of retired government servants.

While the DM is still continuing in power misusing his authority and wasting public funds, thousands of beneficiaries those who are supported by the human rights groups.

SUGGESTED ACTION:

Please write to the relevant authorities listed below and demand proper investigation and the immediate action against the arbitrary actions of Mr. M. K. Dwivedi and to immediately suspend all his orders that prohibit the normal and legitimate functioning of NGOs in Leh. The AHRC is writing separate letters to the concerned United Nations bodies responsible for the protection of human rights defenders.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

INDIA: District Magistrate misusing his office to lead a smear campaign against human rights activists

Names of victims: Several non-governmental rights-based organisations functioning in Leh, Jammu & Kashmir state 
Alleged perpetrator: Mr. M. K. Dwivedi, District Magistrate and Deputy Commissioner, Office of the District Magistrate, Leh, Ladakh, Jammu & Kashmir
Place and date of incident: Leh, from 4 April 2006 and continuously thereon

I am writing to you to express my concern regarding the arbitrary orders issued by Mr. M. K. Dwivedi, the District Magistrate (DM) of Leh, curtailing the functioning of non-governmental/human rights organisations in that district. It is reported that this officer due to some alleged spite with the non-governmental movement in the region has taken an opposing stand against all the activities of non-governmental organisations within his jurisdiction since 4 April 2006. I am informed that all orders issued by the Magistrate contravene the provisions of law and the natural principles of justice.

I am informed that the DM has also ordered the local police to prevent all public protest against his order. I am informed that with this intention the officer has misused his office to prevent any public criticism against him. The officer has allegedly instructed the media, including the All India Radio, to refuse dissemination of all information in favour of those groups which the officer is now against, while at the same time has managed to form support groups to lead a smear campaign against the human rights organisations that the officer has declared war against.

I am also informed that the officer is now using these newly formed groups to disseminate false information against the human rights groups through the same media. These acts of the District Magistrate are a direct violation of freedom of association, expression and profession of the human rights activists and the organisations they lead. This act of the DM is in complete disregard of the beneficiaries of the human rights groups he has forced to stop from functioning.

I therefore urge you to immediately intervene into the matter and order an inquiry into the incident. I also request you to take appropriate measures so that the Leh District Magistrate Mr. M. K. Dwivedi is immediately removed from his post, so that an inquiry into the matter will not be interfered with by the officer. I also urge you to make sure that the public media is not forced to function according to the whims and fancies of an erring government officer.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Dr. A.P.J. Abdul Kalam 
President of India 
President’s Secretriat, New Delhi
INDIA. 
Tel: +91 11 23015321
Fax: 91-11-23017290 & 91-11-23017824
E-mail: presidentofindia@rb.nic.in

2. Mr. Manmohan Singh
Prime Minister of India
Prime Minister’s Office
Room number 152, South Block
New Delhi
INDIA
Fax: +91 11 23016857
Email: pmosb@pmo.nic.in

3. Mr. Omar Abdullah
Member of Parliament
7, Akbar Road,
New Delhi – 110 011
INDIA
Fax: +91 11 23012096 
Email: omar@sansad.nic.in

4. The Chairperson
National Human Rights Commission of India 
Faridkot House, Copernicus Marg 
New Delhi 110001 
INDIA
Fax: +91 11 23384863
Email: chairnhrc@nic.in

5. Lt. General (Retd) Srinivas Kumar Sinha
The Governor of Jammu & Kashmir
Through the office of the Principle Secretary
Srinagar, Jammu
INDIA
Fax: +91 191 2544939

6. Mr. Ghulam Nabi Azad
Chief Minister
Srinagar, Jammu
INDIA
Fax: + 91 191 2546466.

7. Mr. Chering Dorjay
Chairman/Chief Executive Councillor
Ladakh Autonomous Hill Development Council
Leh, Ladakh 194141
INDIA
Fax +91 1982-250187 or 253298
Email: cec_lahdc@yahoo.co.in

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UP-060-2007
Countries : India,
Issues : Human rights defenders,