As the judicial commission probing the police firing in 2006 at a Tata Steel plant site at Kalinganagar in Odisha gave a clean chit to the Naveen Patnaik government and blamed local activists and political parties, the state government and the steel giant remain in an advantageous position.
Though the firing had led to the death of 13 tribals and one policeman,the case is 11 years old and moreover, the second steel plant of the Tatas started its production two years back and is planning for its next phase. Yet the Justice P.K. Mohanty Commission report—tabled on the concluding day of the winter session of the state Assembly nearly two and half years after its submission—has led to a hue and cry among opposition parties and activists.
The commission in its report said that some local leaders,political parties and others, taking advantage of the volatile situation mobilised, instigated and led villagers to adopt a path of confrontation instead of peaceful agitation and to insist that there should be no acquisition and not to allow any industry to be set up in the complex.
“When all the deterrent measures failed and yielded no result and finding that the lives of police personnel were endangered, live firing order was passed,” says the statement of the then executive magistrate in the report.
The commission said, “In my considered opinion,there was no option for the executive magistrate than to pass orders for opening of live firing on the riotous mob when all deterrent measures, i.e., firing of tear gas shells,stringer shells,stun shells and then firing rubber bullets failed to scare away and disperse the mob.”
The commission report also named some leaders of political parties and local organisations, which has angered these groups that have denounced the report.
Award-winning activist Prafulla Samantara of Lokshakti Avijan dubbed the report as one-sided and said the commission has not been neutral. The leader of state CPI, Dibakar Nayak, said the report is an attack on tribals and it has shaken their mindset. Suresh Panigrahi of state CPI(M) said it seems state government had set up the judicial commission just to give protection to the district administration and police.
Sibram of CPIML(Red Democracy) said the inquiry commissions favour the government and in case of Kalinganagar, the same was expected. Abdul Wali of Republic Party said the report ridiculed the tribal movement and people’s agitation.
Rabindra Jarika,the leader of local anti-displacement forum, Bisthapan Virodhi Manch, who has been named in the report, dubbed the report as anti-tribal. He said the affected people are not getting compensation. The senior leaders of the Congress and BJP have blamed the state government. Senior Congress legislator Taraprasad Bahinipati said the report of the commission was a manipulative one. He wanted to know about the rehabilitation package. BJP’s legislative party leader K.V.Singhdeo said nothing has been said about action against the culprits behind the tragedy.
Government Chief Whip in state Assembly Amar Satpathy said there are hints in the commission’s report on which the government will act.
Though the commission gave a clean chit to the police and administration, it disapproved of the action of doctors who conducted autopsies on five people killed in police firing. It said doctors had clearly deviated from the normal practice and procedure by severing the palms from dead bodies without authority and contrary to the request made by the police. In its action-taken report, the state government said all three recommendations made by the commission were complied with. The commission had recommended the state government formulate a comprehensive scheme for providing compensation and other benefits to displaced persons,employment to one member of the families of each of the deceased persons through beneficiary companies setting up projects at Kalinganagar and payment of ex gratia to persons injured in police firing.
After the Kalinganagar firing occurred on January 2, 2006, the state government constituted the commission of inquiry on February 4, 2006. Though the tenure of commission was six months, its term was extended till July 3, 2015, and judges were changed due to various reasons and the third judge, Justice Mohanty, finally submitted the report.
In the beginning, the then sitting judge of Odisha High Court A.S. Naidu had been appointed to head the commission. Since the Supreme Court said that a sitting judge should not inquire into the incident, Justice(retd) P.K. Patra of Odisha High Court replaced him. Justice Mohanty headed the commission on September 4, 2009, after Justice Patra’s appointment as Lokpal of Odisha.
The Kalinganagar firing had brought severe embarrassment for Chief Minister Naveen Patnaik who was heading the BJD-BJP coalition government at that time. Since it involved a Tata company project and 13 tribals had been killed in police firing, it became an all-India issue of displacement and tribals’ interest. In fact for Tata Steel, it was second bitter experience in Odisha after its Gopalpur on-sea steel plant—for which the then prime minister P.V. Narasimha Rao had laid the foundation in 1995—had not materialised due to local opposition.
Though its second effort to set up a steel mill at Kalinganagar was held up till 2010 due to the 2006 firing, the first phase of the Tata plant with 3 million tonnes capacity per annum was built with investment of Rs. 25,000 crore and commissioned on November 18, 2015. With this, Tata Steel could have its second base almost a century after its Jamshedpur plant had been built.
Of course when Patnaik went to inaugurate its plant at Kalinganagar, there was criticism that he was visiting the area after nine years, making it his first visit since the 2006 firing. Though Tata Steel’s MOU signed in 2004 had said Kalinganagar will have capacity of 6 million tonnes per annum, now it has indicated that second phase may be of 5MTPA, so that total capacity may go up to 8MTPA.
As the present scenario goes, the inquiry commission report controversy has no bearing in the field and local people have reconciled to the development that has taken place with a company like Tata steel making all efforts to carry them along with the support of the state government.
