The following is based on a communication sent by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of India on 6 December 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received, it will be posted on the UN Special Procedures communications database.
At the time of publication, the four journalists are still out on bail, and no charge sheet has been filed against them.
This is a shorter version of the original communication.
BACKGROUND
Topic: the arrest of four freelance journalists, who were carrying out investigative journalism work, looking into irregularities around sand mining activities along Sabari River, close to the town of Konta in Chhattisgarh state, including Mr. Bappi Ray, Mr. Shivendu Trivedi, Mr. Dharmendra Singh and Mr. Manish Singh. It has been reported that sand mining activities in the area posed a threat to the river ecosystem.
Mr. Bappi Ray is a journalist, who has been working with the news outlet Zee News in Chhattisgarh for the last eight years. He has also worked with the television news channel Bharat24, and for the past two years he has been working with the YouTube Channel “Main Bastar”.
Mr. Shivendu Trivedi works as a cameraperson with Mr. Ray.
Mr. Dharmendra Singh is a journalist who works for the news channel Chhattisgarh Aaj Tak and the news portal Sahara Samay.
Mr. Manish Singh works with India TV and was previously working with the television channel Aaj Tak.
ALLEGATIONS
On 9 August 2024, Mr. Ray and other media workers travelled to the town of Konta, in Chhattisgarh state, to carry out their investigative journalism work as freelancers. At 3 p.m., they noticed trucks transporting sand moving in the direction of the border between Chhattisgarh and Andhra Pradesh states. The journalists inquired whether the trucks had the necessary documents allowing for the transportation of sand from one state to another, but reportedly found that the permits allegedly allowed them to transport sand only within the Sukma district in Chhattisgarh state. Mr. Ray reportedly took a picture of the permits and shared it with the Minister of Home Affairs of Chhattisgarh state.
At 4.30 p.m., the journalists had a confrontation with the sand contractor and the Station House Officer (SHO) of the Konta police station, both of whom allegedly pressured them not to publish their story on the sand mining activities. Mr. Ray called the Deputy Inspector General (DIG) of police and informed them about the reported irregularities as well as the exchange with the local police officer. The DIG suggested reporting the issue to the Mineral Resources Department of Chhattisgarh state, as this was under their jurisdiction. The media workers decided to stay in Konta for the night to continue their investigation the following day.
During the night between 9 and 10 August 2024, two unknown individuals were allegedly seen tampering the journalists’ car. They were recorded by the security cameras installed in the parking lot in front of the hotel. The recording was reportedly published on social media and in the media.
On 11 August 2024, while they were driving between Konta and Bhadrachalam town in Telangana state, the media workers were stopped close to Chatti village in Andhra Pradesh state by five police officers in plainclothes, who inspected the trunk of their car. The police found packets that allegedly contained 15 grams of marijuana. The journalists were taken to Chinturu police station, in the Alluri Sitharama Raju district of Andhra Pradesh state, for interrogation. Their vehicle and mobile phones were seized. The journalists declared themselves innocent and asked the police to check the recording of the security cameras of their hotel in Konta, as a proof that their car was tampered with and the drugs planted. Allegedly, however, the footage had been deleted. After being held for one hour at the police station in Chinturu, the media workers were allegedly threatened and beaten with a leather belt.
After the arrest, the police in Chinturu registered a First Information Report (FIR) against the journalists under sections 8(c) and 20(b)(ii)(B) of the 1985 Narcotic Drugs and Psychotropic Substance Act, which prohibits the production, possession, selling, purchase, transport, use and consumption of drugs and provides for a punishment of up to ten years in prison and a fine.
On 12 August 2024, the journalists were taken to the hospital in Chinturu for medical check-ups. The results of such exams were reportedly not shared with them. Following the medical examinations, the journalists were taken to the Rajamahendravaram Court in the East Godavari District, which sent them to judicial custody until 23 August 2024. On 17 August 2024, local journalists organized a protest to support the arrested media workers and demand the withdrawal of the case against them.
It has been reported that, on 14 August 2024, the SHO of Konta was arrested reportedly on charges of having falsely incriminated the journalists and having tampered with the recording of the hotel’s security cameras.
The journalists remained in jail in Rajamahendravaram city until 2 September 2024, when the First Additional District and Sessions Judge granted them bail on the condition that they would appear before the SHO in Chinturu every week until the filing of a charge sheet, and that they would cooperate with the investigation.
At the time of writing, the journalists are still out on bail, the investigation is pending, and no charge sheet has been filed.
CONCERNS
In the communication, we express our deep concern about the arrest of media workers Mr. Bappi Ray, Mr. Shivendu Trivedi, Mr. Dharmendra Singh and Mr. Manish Singh, which, according to the allegations, seems to be linked to their work on investigating irregularities around sand mining activities along Sabari River, close to the town of Konta in Chhattisgarh state. We fear that the arrest of the journalists might have a chilling effect, hindering freedom of the press and the right to freedom of expression in India and shrinking the broader civic space.
