Jail-streamed: The promise of mainstreaming surrendered Maoist turns a mirage

Amaravati: Hundreds of Maoists have surrendered before the police in recent times owing to the sustained counter-insurgency operations in Chhattisgarh and other states. The promise of finding a new mainstream life seems like a hope on the horizon for those laying down their arms. But the case of a child who spent his entire youth in the revolutionary movement, left the movement to join the mainstream, attracted by the rehabilitation assurances and surrendered, only to spend his life in jail, is a lesson for many.

Dunna Kesava Rao alias Azad, presently in his fifties, has been on an indefinite hunger strike since October 15 inside the Jharpada High Security Prison at Bhubaneshwar, Odisha, demanding that the Andhra Pradesh and Odisha governments implement the orders given by the Supreme Court to set up special courts and complete the trial of his cases within a year.

Azad, a native of Palasa town of Srikakulam district in Andhra Pradesh, was studying ninth class and was just aged 14 in 1987, when he chose the revolutionary path. He rose through the ranks and, after serving the Communist Party of India (Maoist) for over two decades, he voluntarily surrendered before the then-undivided Andhra Pradesh Director General of Police (DGP) Aravinda Rao in 2011. At the time of his surrender, Azad was a member of the Orissa State Organising Committee (ORSOC) of the Maoist party.

According to his brother Kumar, the then AP government had given a verbal assurance that no cases would be filed against him. He was interrogated by the National Investigation Agency (NIA), Andhra and Odisha police for 10 days. He was finally handed over to the Odisha police, as several cases were filed against him there. He was produced before the court and remanded, and ever since, he has been spending his life behind bars.

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In the affidavits submitted by the Andhra and Odisha governments to the Supreme Court in response to the writ petition filed by Azad, there were 43 cases against him in Odisha and AP, out of which he has been acquitted in 10.

Of the remaining 33 cases, the trial has not begun yet, though he has been frequently produced in the courts. In 15 of these cases, however, he has not been produced so far.

In Andhra Pradesh, 16 cases have been filed against him, and he was recently produced virtually before the court in two of them.

A large number of cases were filed against Azad after his surrender. The most serious one was being accused of the murder of Swami Lakshmanananda Saraswathi on August 23, 2008, which had sparked the massacre of Christians across Kandhamal.

Kumar tells Siasat.comthat Azad has not been produced in the court in connection with 19 cases till now.

Fifth hunger strike in jail

This is the fifth time that Azad has been on a hunger strike inside the jail, demanding that he be considered a political prisoner and his cases be fast-tracked and disposed of.

In 2016, he, along with a few prisoners, went on a hunger strike for 21 days, but ended it after he was given assurances by the jail authorities.

From secondary grader to double masters

While in jail for the past 15 years, Azad has completed his Class 10, a diploma in mass communication and journalism, Bachelor of Arts (BA), Master of Arts (Political Science), and also a post-graduation in rural development.

Supreme Court order

Having lost faith in rehabilitation, Azad approached the Supreme Court.

On July 21, the bench comprising justices Surya Kant and Jayamallya Bagchi directed both the governments in AP and Odisha to establish a special court by August 31, 2025, and complete the trial within one year, in accordance with Article 32 of the Constitution.

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It is almost the end of October, but there hasn’t been much of a headway.

Understanding the seriousness of the Supreme Court’s order, the AP government held a cabinet meeting on August 20, and approved to setup a special court in Srikakulam.

As per the latest information, a seventh additional district magistrate court has been set up on October 22. However, it was not yet clear whether this special court would hear Azad’s cases.

In Odisha, till Wednesday, October 22, there was no indication of any steps taken to that effect.

“There is no clear understanding of political prisoners in Odisha. The mindset of the judges here is such that if an allegation is made by the police, they believe it, and criminal cases are being filed against the surrendered Maoists,” says Narendra Mohanty, who has been running a ‘campaign against fabricated cases’ in Odisha since 2012.

Similar cases

He recalls that there were eight accused in the Lakshmanananda Saraswathi murder case. They were convicted for life in the sessions court, but appealed in the Supreme Court and got bail after nine years, while the retrial was underway in the Odisha High Court.

He calls these cases fabricated because, according to him, they were filed against Maoists after their surrender. “They misused the justice system to register multiple cases against and issued Prisoner Transit (PT) warrants to ensure the surrendered Maoists were produced before another court whenever they secured bail in one,” Mohanty said.

He cites the example of former Maoists Manjulatha Muduli and Pratap, who were lodged in Nayagadh Prison for over a decade, implicated in two dozen cases. They are out on bail, but Pratap has now become paralysed and suffers from memory-related issues.

Manjulatha works in a school.

Another example is that of Ranju Killo alias Chanti, an Adivasi from Malkangiri district who was arrested by the NIA in 2023 in connection with a case in 2012.

According to a story published on countercurrents.org, Chanti was already paralysed and was restricted to his bed when he was arrested. He had spent 2013 to 2019 in jail, where his medical condition worsened. Presently, his hands and legs are both immobile. Though he received treatment at a hospital in Cuttack, he has not been granted bail.

Narendra Mohanty has five cases filed against him under the draconian Unlawful Activities Prevention Act (UAPA).

“I advised Azad to wait till October 31, the deadline given by the Odisha Human Rights Commission, which asked the secretary of home department in Odisha to comply with the Supreme Court’s order. But he chose to continue his hunger strike,” Narendra toldSiasat.com.

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Azad’s case has been represented to the President of India, the Prime Minister’s Office, the Chief Justice of India and the chief justices of AP and Odisha high courts. His brother is also contemplating filing a miscellaneous petition in the Supreme Court (for contempt) if the AP and Odisha governments fail to implement the apex court’s earlier ruling.

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