In Odisha, communities claim police punish dissent against mining interests by subverting the criminal justice system to target activists like Kartik Nayak

Rayagada, Odisha: On the late morning of September 19, 2024, Kartik Nayak (30) stepped out of a bank in Kansipur, Odisha’s Rayagada district, and into what felt like a nightmare.

A group of men in plainclothes surrounded him, shoved him into an unmarked vehicle, and sped away. “I thought I was being kidnapped by criminals and was going to be killed,” Nayak told 101Reporters. “I wanted to scream, but one of them had covered my mouth,” he added.

“I had no idea they were policemen; I had not done anything wrong.”

Nayak’s lawyer, Prashant Jena, said the “arrest” violated multiple legal processes. “The police must inform a person of the charges and show proper identification during an arrest. None of this happened. It’s because they were trying to make an example out of him and create an atmosphere of fear,” he said.

Jena explained that the arrest was conducted in such a manner that even bystanders mistook the entire scene for an abduction. Nayak was well known in the area, and hearing his screams, they rushed to save him, fearing the worst. But then, a Central Reserve Police Force vehicle arrived to prevent locals from intervening against the unmarked police jeep.

The lawyer said Nayak was taken to the Kansipur police station and held without being told the reason for his detention. Despite repeatedly asking about the charges and requesting to contact his family, he received no response. Later that evening, Nayak was produced before the First Class Judicial Magistrate and formally informed of his arrest, though the charges remained unclear.

After this, he was sent to Raigarh Sub-Jail. According to the activist, during the 80 km journey from the court, he was not even allowed to use the toilet. It was only then that he learned the arrest was linked to a first information report (FIR) filed eight months earlier, in January 2024.

According to Jena, the police “targeted” Nayak because he was mobilising tribal villagers to hold a gram sabha against a mining company, Maitri Mines and Minerals.

People of the village community (Photo - Manoj Thakur, 101Reporters)

Police overreach

When the community finally learned he was in police custody, almost 700 to 800 villagers gathered at the Kansipur police station the same day, said Nayak’s mother, Rudradevi (70). Many were Adivasis who had come out in his support.

Despite the public outcry, the police remained silent about Nayak’s condition and whereabouts. Under pressure, they eventually assured the crowd around 10 pm that he would be released after interrogation. Trusting the promise, the protestors dispersed peacefully.

However, not only was Nayak not released, but the police also registered cases against around 200 villagers, accusing them of vandalism, unlawful assembly, and obstructing government work under IPC 307, 362, 324, and 326.

The status of these cases remains unclear, according to activist Sumant Sunani of the Ma Mati Mali Surakhya Manch (MMMSM), an organisation of locals at the helm of the movement against mining operations in the area, of which Nayak is an active member.

A resident of Sunger village, Nayak is involved in mobilising mining-affected communities, conducting gram sabhas, educating them about their rights, and documenting the ecological and health damages caused by mining.

For Nayak, the arrest was just the beginning of a long and uncertain battle. (Photo - Manoj Thakur, 101Reporters)

Clutch of false cases

The FIR that led to Nayak’s arrest in September was filed on January 12, 2024, by mining company Maitri, alleging a “murderous attack” by villagers. Unbeknownst to him, he was accused under IPC 147, 148, 341, 342, 323, 294, 395, 427, 506, and 149.

The complaint alleged that around 40 people had attacked company employees in the village. Most of the people named in the FIR are Dalit and tribal residents, including members of the MMMSM.

But according to Nayak, no such attack occurred. He said that on the day in question, he and a few others had peacefully stopped an earthmover that had arrived for mining activity. They were unarmed and did not even carry sticks.

The police claim that Nayak absconded after the case was registered and that an arrest warrant was issued by the court on August 29. In reality, Nayak was unaware of the case and continued to live and work in the area.

Advocate and Manav Adhikar Suraksha Manch (MASM) convener Abani Gaya said the police routinely file false cases against members of tribal communities, often acting under pressure from mining companies. He explained that a common tactic involves naming a few individuals in FIRs while adding others as “unnamed accused.” When the police want to target a specific person later, they claim the individual falls under the “unknown” category in the earlier FIR.

Gaya added that tribals protesting against displacement or land acquisition are frequently branded as Maoists and slapped with charges such as sedition or other serious offences to quell dissent. As a result, many are jailed for long periods, often without a fair trial or access to legal support.

Jena, who has been closely observing such cases, said the police often file false and serious charges like attempt to murder or assault with weapons even for small protests against mining activities.

He added that it’s difficult to know the exact number of such cases because police don’t always make FIRs public. Every year, about 60 such cases are filed in Odisha’s Lanjigarh alone, Jena said, adding that due process is often ignored.

Take, for example, the arrest of Nayak, who had been active in resisting illegal mining in the area, especially projects tied to Maitri, a company that works with and for a major mining company. “They want to mine here, but they use front companies like Maitri to avoid scrutiny,” Nayak said.

The day Nayak was arrested, villages near Lanjigarh had been preparing to pass a formal resolution opposing Maitri’s mining project.

Sunani explained that the mining company runs an alumina refinery in Lanjigarh. At present, the bauxite needed for the refinery is brought in from other states. But there is a lot of bauxite in the nearby hills, such as Lanjigarh, Niyamgiri, and Sijimali-Kutrumali.

Since 2003, the company has been trying to get permission to mine bauxite in these local hills. However, tribal communities, especially the Dongria Kondh people, have been strongly opposing the project. In 2013, the local tribals voted against the company’s plan to mine in the Niyamgiri hills. Later, in 2016, the Supreme Court also stopped the Odisha government from going ahead with the mining there.

Despite this, in March 2023, the company was given contracts to start mining in new areas, including the Sijimali hills. This has led to fresh protests from the local tribal communities.

The MMMSM has been actively resisting the mining plans. According to the group, some of the gram sabhas held to get public approval for the project were fake. So the organisation is now holding independent gram sabhas, where villagers are passing resolutions to oppose mining activities.

They are also planning to take the issue to court again to try and cancel the company’s mining lease.

Nayak has alleged that the company Maitri ignores environmental rules and laws, as a result of which tribal lands are becoming polluted, water sources are drying up or getting contaminated, locals’ health is being affected, and forests are disappearing.

“We are not just fighting for land, we’re fighting to stay alive,” he added.

Stuck in legal red tape

For Nayak, the arrest was just the beginning of a long and uncertain battle. Once booked, he knew there was little choice but to fight the case in court, where even getting bail would be an uphill task.

A father of two with elderly parents to care for, Nayak’s family ran a small shop he was in the process of expanding through a bank loan. With Nayak in jail, the family lost its primary source of income.

At home, his wife took charge. She suddenly had to manage everything: caring for their children, supporting her in-laws, handling household responsibilities, and navigating the legal maze. She travelled from their village to Lanjigarh, Bhubaneswar, and finally to the Orissa High Court, spending whatever little they had. Often, she had to borrow money to cover legal fees. Their young son’s studies also suffered, as the family’s attention and resources were pulled toward Nayak’s case.

Despite the emotional strain and financial pressure, she attended every court hearing and refused to give up. “There were times I thought I wouldn’t see him walk free,” she said, “but I had to stay strong for the family.”

The community, too, rallied behind them. Villagers came together to collect funds not just for legal fees but also for Nayak’s bail bond of ₹50,000. His lawyer, Jena, was hired through these collective contributions. Nayak himself spent all his savings consulting lawyers and arranging paperwork.

But they were not alone. Forty-two organisations across Odisha, including the National Alliance of People’s Movements and the MMMSM, offered support. Some wrote letters to the President of India demanding his release, while others provided legal aid and moral support to his family.

After multiple hurdles and rejected bail pleas in the lower court, Nayak was finally released on bail on April 1, 2025, by the Orissa High Court. The case continues, and fresh loans have been taken to cover costs.

Nayak says he is not afraid of the company or the police. Even while in jail, he worried the movement might lose steam. But it didn’t. “Now I will fight harder,” he said. “For our land, our forests, and our people.”

This story was originally published as a part of Crime and Punishment project in collaboration with Vidhi Centre for Legal Policy.

Cover Photo - Representative image/ AI-generated using Canva