The end of a saga
We were incredulous even at 2 pm on July 5, 2002 when we stood in a line in the CM's office complex. Is this for real? People wait for months to see her. And is she going to see *US*?
Soon enough we were in her room, greeted her and were pleasantly asked to be seated. The room bristled with police brass and beaureucrats. The Hon'ble Minister for Highways Mr.O. Panneerselvam was present. So was the thus far elusive Mr.Rohit Modi of TNRDC. And the Director General of Police and almost all dramatis personae of the police dept. that were part of the incidents of July 1, 2002, including the bright young DSP, Ms. Satya Priya whose firm but calm handling saved the day from becoming a gross mess.
We the aggrieved, were nine: the lad Shamsuddin, who had been beaten by the police, 2 auto-rickshaw drivers, a house wife, two Panchayat Presidents, and the three office bearers of ERPOA, Sethuraman [Treasurer], Navaz Currimbhoy [Secretary] and myself, D V Sridharan [President].
The CM began: "When we allowed the tolling of ECR I remember asking that the residents should be exempted. I wonder what happened thereafter. I read in the press about police involvement and I have called this meeting to understand what is going on. Some of the residents are here. Let us listen to what they say."
And thus began three hours of her painstaking involvement in the matter of toll on residents along the ECR.
She gave everyone of us a chance to speak, never once interrupting, or checking or asking to finish. In many cases, she put probing questions and was all sympathy. What we said amounted to this: how we had been running from pillar to post for four months trying to make TNRDC see reason, how the TN Secretary Highways had said that if TNRDC were to recommend zero tariff for residents, the Govt would readily accede, how TNRDC had rejected the idea, how the CEO of TNRDC, Mr. Rohit Modi had displayed unbecoming arrogance by saying that residents who can't afford the toll can take to two wheelers or shift residence, how TNRDC had refused to even acknowledge letters written to it, how it created an impression among the villagers that it was doing the Govt's bidding whereas all executive matters rested with it, how it had specifically instructed its staff to obstruct vehicles, --even lie in front of it-- so that TNRDC could register law and order breaches, how its staff at the Uthandi Plaza used to intimidate the poor, the women folk, the elderly and the gullible in order to somehow make them comply with its demand for toll, how Sanaulla an auto-rickshaw driver who was rushing his stove-burn victim of a wife to the hospital was detained to pay the toll he didn't have and was in fact handed over to the police, how TNRDC refused repeatedly to listen to the pleas that it resort to civil-legal processes to recover its 'dues' it felt the residents owed it and how in the end-game TNRDC's senior management had tricked the police into believing that there had been a serious law and order situation at Uthandi and that the police should arrive there in full strength.
It was our impression that the CM was aghast by these revelations, although she reserved her views on Rohit Modi and his TNRDC and the police force for a 45 minutes closed door meeting from which we were excluded.
We waited, treated well with coffee in the Governor's reception room. When she sent for us again she was direct: "Residents without discrimination, will be given passes by the Collector for toll-free access to their homes. Police presence will go and fish-carts will right away be free of all procedures and enjoy free passage. Future vehicles too will get passes."
Thus ended a citizens' fight in a victory for democracy. The press had played the greatest part and we must admit, the police had, when all is said and done, acted with restraint and courtesy. And above all, a responsive Chief Minister showed that she had her ears to the ground.
Let me rewind back a little and describe all that had happened before.
The incident on June 20, 2002 at the Toll Plaza had [as reported elsewhere on this site] had ended with some hope as Mr.Narendrakumar had seemed most conciliatory. But within two days he was back with the news that his management had rejected all discussions on exemption for residents.
On June 27,2002 they reverted to their aggressive ways again. A school bus and two auto rickshaws were stopped as the locals manning it did not have the money for the toll. When angry locals asked for receipts for the detained vehicles TNRDC staff declined. In a short while there was a spontaneous outburst of anger at the village of Kanathur when residents spilt into the road in protest, clamouring for release of the vehicles and repeal of the toll for locals. Traffic on the ECR was held up and a police force from Neelankarai arrived.
Inspectors Pugazhendi and Vijayakumar were reasonable. They demanded that locals first clear the road in return for a resolution of the issue. Traffic on the ECR soon resumed but the print and television media had already covered the event. We adjourned to the toll plaza. I on behalf of the locals demanded that either TNRDC accept the ERPOA member list and allow them to go free or note down their names and vehicle numbers and institute cases against them for recovery of dues. Beyond these options TNRDC had no right to detain, harass and abuse locals who had no money. The police had no role in a pure debt dispute unless law and order was violated. The police seemed appreciative of our stand and spoke to their SP. He too was reportedly in agreement and advised TNRDC to consider letting the locals go free as they were only conducting their daily lives. But TNRDC was obdurate and wanted the SP to give his instructions in writing. We left the list of our members with the police and TNRDC and went away believing that the matter would resolve itself sensibly.
For a few days locals enjoyed unhindered passage and we began to think that good sense may have dawned on TNRDC management. We were wrong. As it turned out TNRDC had been busy hatching a plot to trap a few of the locals and to implicate them in law and order cases.
Navaz and I began to work on the mercurial members of the village in order to cool them. We cautioned them against road blocks, group marches and abusive conversations. It was not an easy task but in the end the villagers understood the conspiracy being hatched by TNRDC.
But even they did not expect the size and scale of TNRDC's plans that unfolded on July 1,2002. I was in the city and Navaz had passed the Plaza early that morning without event; but he did report a heavy posse of police at the Plaza. By 8 pm their plans began to play out. Police had slapped and beaten Shamsuddin and frog marched him and Yousuf Sait [an auto rickshaw driver] into the police van. They were warned not to cross the toll plaza if they did not have the money. They were told that *no one* without money can pass the plaza whether or not he was simply headed home. The news of the police, the guns and the strike van began to spread in the village and they naturally held back in awe.
I began to get calls cautioning me stay away. It at once began to be clear to me that TNRDC had decided to terrorise us into submission. It had to be fearlessly but peacefully opposed. Despite advise of caution and restraint from many quarters I was by 10 am, ready to call the bluff. Navaz was in instant agreement with me. We called up as many of the members as we could, telling them of our plans to confront the police and ask them what business they had in assisting TNRDC collect revenue.
At 2 pm we arrived at Uthandi. It was in the end, a small convoy of just three cars. Mine, Navaz's and Ishtiaque Currimbhoy's. The Plaza seemed eerily quiet despite the numerous police. In the far distance we could see the residents of Kanathur but they were staying back, that morning's incidents still fresh in their memory.
We were stopped and led to a container office, where an aggressive inspector barked that we can not pass without payment. I politely suggested to him that there were many constitutional and legal issues involved in the matter and if the TNRDC were to sue us for recovery of dues we could demonstrate our points of law. In the meanwhile the police should stay away and advise TNRDC to resort to processes of law. He was unyielding. And so was I. We would not 'pay' to go home and he can charge us with not having money and trying to go home. He charged us with violating a government GO. We were willing to pay the price for doing so. He then played his trump card: "I will arrest you." Far from being daunted by this, I said, "Very well go ahead but I still have no money and I still want to home. And I would rather go to jail than pay a humiliating tax to go home as a citizen of India." He ordered us taken to the van. Navaz, Ishtiaque and myself sat in the police van and waited. Half and hour later we began to demand what the charges against us were.
That set the cat among the pigeons. We had been polite but firm, the villagers were far away and there had been no disturbance of peace. DSP Satya Priya had by then arrived on the scene and to her everlasting credit, begun to apply her mind. She began consultations with her seniors and lawyers and the police began to realise that they had been tricked by TNRDC into believing that the villagers were being violent.
In a while, the press had arrived. NDTV camera team began to record police and TNRDC reactions live. Soon there was a melee, though it was all more noise than action. Print media arrive too. Finally, 12 of us were taken to the Neelankarai police station and held till 8.30 pm. We repeatedly insisted on our demand: 'residents should go toll free'. It seemed the police was trying to persuade TNRDC to see the locals' point of view. It was not clear how successful they were. We were finally asked to go home without having been charged.
That night Vijay TV featured us on the 11 pm news. The next day Dina Thanthi sent a team to investigate and do a story. They covered it from the human interest angle. News Today highlighted the misuse of police in persuading people in a toll related issue. But all this had no effect on TNRDC which kept waving the GO in our face. They had us know that they had filed four cases against locals. We were determined to stand ground but were not hopeful of an early solution.
July 5, 2002- 6.30am : Navaz is on the line: "DV, something's stirring. The Sub Collector just called. And so did the Tahsildar and the Revenue Inspector. There's to be a meeting on the ECR Toll matter at the Highway Secretary's Office at 1 pm today."
By 9 am my own phone begins to ring. An officer from the CM's Cell says he wanted a small delegation to be ready to present the ECR issue from the citizens angle. The Chief Minister may want to meet us.
The rest you know.
