Manglia wanted him to be like the others, but this he could never be. They were good men, he knew, indeed the best, the elders of his village. But they were too trusting, and too accepting. He would never be like them. He spoke of the new law, nonetheless, in the village. This is our chance for justice, he said passionately. After years of exploitation, this is our chance to get back from the outsider what is by right ours.

But nobody would listen, as he had half-expected. It was not just fear that made them unresponsive. Although there were none in the village who were not in awe of the Seth, if people were convinced that their fight was righteous and just, then perhaps it might have been possible to persuade them to cast aside their fear and come together to struggle for what they believed was right.

But most did not even believe that this law was right. After all, they argued, as they had taken a loan from the Seth which they could not repay, he had a right to take away their land. And the younger ones said: the land was transferred by our father or grandfather who are no longer with us. We were still children then or not even born yet. How can we stand before a court and say that the land was taken away by fraud when we have no way of being sure? Even if the court passes an order giving us our land, we will still refuse to accept it.

Impatient and tired of arguing, Jagtu withdrew once again into himself. But his mind was made up. He would not accept injustice. He would fight, fight until the end to get back what was his due.

Having gathered all the papers connected with the land, Jagtu stood outside the office of the sub-divisional magistrate. When shown inside, he did not betray the nervousness he felt standing before the table of the young officer. He spoke of his father’s land, of the Seth Babulal, of the loan and of the Collector’s court. He spoke of the new law, and of his resolve to get back his land which had been taken away by fraud.

The SDM said that they would institute a case in this court and assured him of justice. He also volunteered to appoint a lawyer for him, under the legal aid programme of the government. Struck by the unusual spirit of the boy, and knowing the power that his opponent would wield, the SDM sent for the best laywer who had argued before his court, and made a personal request to him that he accept the legal aid case.

Notices went out, and before the first hearing, Babulal Joshi was in the office of the SDM. Dressed as always in starched and spotless khadi, with a long red tilak on his forehead, his hands folded his voice soft but with an unmistakable ring of authority, Babulal spoke to the SDM of the case. He spoke of it disparagingly, and of the obvious and outrageous canard, that a person of his reputation and standing had engaged in any fraud. The case would of course be dismissed, he said. The SDM was polite but cold, and said that he could decide only in the court. Babulal’s visit was followed by a number of telephone calls from people in influential places, which the SDM chose to ignore.

The hearing of the case started. The SDM received his transfer orders. He had by then passed orders in a number of cases in favour of tribals, and the non-tribals, alarmed, had formed a ‘Sangharsh Samiti’ and collected a huge body of funds to challenge his orders in superior courts.

The SDM was however determined to pass orders in Jagtu’s case before he handed over charge of his sub- division. In order to give Babulal’s lawyer no scope to delay the case further, he decided he would keep himself free for the date of the next hearing of the case.

Two days before the appointed date, Babulal Joshi was again in the SDM’s office, with folded hands. My lawyer has gone out of station, on work, he said. I would like a fresh date. The SDM refused, and pointed out that he had enough time to engage a fresh lawyer.

The morning of the case, a faint crackling phone-call came from Raipur. It was Babulal’s lawyer. He said that the SDM could no longer hear the case, because he had obtained a stay order from the court of the Additional Commissioner.

How could he have obtained a stay order, the SDM asked when he had not even obtained copies of the proceedings of the court. The only ground for a stay order could be some prima-facie illegality in the court’s proceedings. But for this, at least a copy of the proceedings should have been submitted before the higher court. I do not believe that you have obtained a stay order, the SDM said, and in any case, the stay order is not binding on me until I receive a copy of the order.

The lawyer panicked. He had sent the court’s order staying further proceedings by post, but it would not reach until the following day. He pleaded with the SDM to wait only another day. The SDM refused.

Replacing the telephone the SDM passed an ex-parte order against Babulal Joshi, for absence despite valid notice. He called Jagtu and asked him to complete his evidence. He then drafted a lengthy and detailed order which he completed only late that night. Jagtu sat waiting outside the empty court. The copying clerk made out a copy of the order and the SDM then sent for Jagtu. Handing him the order, he said, at last your land is now truly yours.

Late the next morning, Jagtu was back in SDM’s court. Indignant, he said, the tehsildar is refusing to give me possession of my land. It is my land, but he is still refusing. But by then the stay order from the court of the additional commissioner had arrived. Jagtu could not gain possession of his land.

Full of hope, Jagtu had believed that his fight was reaching its end. Little did he realise that his fight had only just begun.

Contd...

For Hindi click here

Copyleft. Any part of the content on this site can be used, reproduced, or distributed freely by anyone, anywhere and by any means. Acknowledgement is appreciated.

Designed and maintained by CAPITAL Creations, New Delhi. Phone 91-11-26194291