Police atrocities
By Kuldip Nayar
AT A Standing Committee meeting on Home Affairs, I asked the Delhi Police chief whether third degree methods, practised since the British days, had been substituted by some humane ways. His reply in writing was: ``Over the years, this trend is on the decline. It has been made clear to the members of the force that third degree methods should not be used. Action is taken as and when any complaint is received''.
The same reply, I am sure, must have been given some years earlier and if a member were to ask the same question some years later, he would have got the same reply. The bureaucracy of any type has a set way of expression. It does not change with the passage of time. Delhi police officialdom is no different. The Chennai, Hyderabad or Calcutta police will give a similar reply if asked about third degree methods. That the police have remained stuck in the same mould and that they have not renounced the dictum spare the rod, spoil the child is not surprising. None in the force, at even the National Police Academy at Hyderabad, has ever seriously tried to find out the reason for it.
Once at a discussion at the Academy, I raised the question: why, during the Emergency, the police had readily become an instrument of tyranny in the hands of the Government? There was an ominous silence. What hurt me was that even the top echelons present at the discussion did not exchange a word at the lunch interval on the question. I was told subsequently that they did not like my accusation.
I concede that political masters make the police work in the most undesirable ways. They have to harass their opponents and they need the police. But why should the force carry out highhanded and arbitrary actions with impunity? Why have even the highest in the force never refused to carry out illegal orders? If they are content to be mere tools and willing to lend themselves to questionable objectives, there will never be a dearth of unscrupulous policemen.
An ordinary person's introduction to a police station begins with the beating. And as the police proceed further they take the suspect or the accused to a torture cell, an integral part of every urban police station. The Red Fort at Delhi has a wing where third degree methods are used. In Srinagar, there are torture cells, called Papa 1, Papa 2 and so on.
For the sake of propaganda, the police have opened human rights cells. It is comical that the cells have been put under the Vigilance Unit - probably the lowest rung in the hierarchy. Why should the Director General of Police himself not head the human rights cell? Human rights violations are a far bigger crime because they maim people not only physically but also psychologically.
Third degree methods are really an extension of police atrocities. The poor, the minorities, the Dalits and the tribal people are the main target. No amount of protests by the voluntary organisations has made any significant difference. The National Human Rights Commission (NHRC) has not been effective either. It has not even sensitised the force which it was supposed to do. The media has played a role in exposing the excesses by the police but has failed to improve the force. Its basic instincts remain the same: mow down even a semblance of challenge to the authority.
A recent instance is that of the beating of reporters by the BSF when they were covering the fallout from blasts in Srinagar itself. Why should the Government think that an apology after inhuman behaviour is adequate? Why should some heads not roll straightaway? The BSF in Kashmir, understandably, is under pressure. But this is the argument I have been hearing from day one of the insurgency. There is a belief that punishment would demoralise the force. The effect would be the other way round. If the Government were to give exemplary punishments to those who indulged in excesses, policemen would learn a lesson. The public too would begin to have faith in the law and order machinery.
Bihar, Uttar Pradesh and Madhya Pradesh are the worst examples of police highhandedness. People, poor and backward, are hapless victims. Social tensions in these States have come to prevail because the upper castes use violence against the Dalit workers. The process of social democratisation, which is taking place in the districts, is being retarded. The vested interests are so powerful and rich - for example, the landlords - that the police are on their side. It is profitable for the police to do so.
Take a recent case in Uttar Pradesh. A sub-inspector of the Attarra police station in Banda district committed atrocities upon some of the Dalits at village Aau at the behest of the biggest landlord of that village. He had been defeated in a straight contest for pradhan by a Dalit woman's husband. The landlord was desperate to settle scores. He had the woman and her son beaten. The NHRC inquiry officer report confirmed that police dragged out both from the house. The son was beaten and the Dalit woman abused in foul language. The Commission said in its judgment it agreed with the inquiry officer and that ``the law enforcement authorities cannot take law into their hands and commit atrocities on innocent citizens and get away by mere transfer''. To inculcate discipline, the necessary disciplinary and penal action was warranted. The NHRC directed the authorities to take appropriate disciplinary action in accordance with law and to entrust the case for investigation to the State CID. In response, the police retaliated by registering a false case against a local activist who had pleaded on behalf of the Dalit woman and her son. The Commission passed yet another order that the case against the local activist be transferred to the State CID for investigation.
Even then the police did not give up. They sidelined the case of police atrocities against the Dalit woman and her son. The activist has blamed the District Superintendent of Police. ``If he (the SP) embarks on a campaign to target upright citizens and good institutions for raising their voice against police atrocity, then he has in effect set himself up as a dictator, and we might as well say goodbye to democracy and the rule of law.''
The story of police atrocities against the Adivasis at Mehndikheda village in Bagli tehsil (Dewas), Madhya Pradesh, is worse. Four adivasis were killed in the police firing. A team of the People's Union For Democratic Rights, which went to the village to inquire about the incident, has put the blame on top Government officials. The report says the decision to ``crack down'' that led to the death of four Adivasis in the Mehndikheda firing as well as beating, looting and demolition of houses in the villages of the area was taken at the highest political level. The minutes of the meeting convened by the Chief Secretary clearly state the order to take strict action in the districts of Khandwa, Khargone and Dewas. ``After singling out the villages associated with the Adivasi Morcha Sanghathan'', the report says that action should be taken ``to its logical end''. The logical end is presumably firing, demolition and looting.
In protest against the destruction and looting of the Adivasi houses, the report says, the Adivasi Morcha Sanghathan organised a dharna and blocked the road near Jamasindh village. ``The administration turned a blind eye and rejected any opportunity for talks while continuing raids on the villages on flimsy grounds. Subsequently, a large police party raided Mehndikheda. On hearing of the raid, villagers from the dharna site rushed there. Stone pelting started from both sides, using catapults. The District Forest officer claimed that the Collector gave the order for `effective firing', says the report.
What Amnesty International has said in its latest report beats what even human rights activists in India have said: ``Authorities in India are failing to prevent violence against women and sometimes take an active part in it. These women often suffer a double discrimination on the basis of caste as well as gender.'' It is a serious allegation and it cannot be just brushed away.
Why is police atrocity in India much
higher compared to West?
Contents
1. Factors which increase police
atrocities that are present in India, and are absent in West.
2. Factors which decrease police
atrocities that are present in US/West, and are absent in India.
The
purpose of this article is NOT to enumerate factors that are present/absent in
BOTH countries. Hence a large number of factors, such as moral values, greed
etc will get dismissed as non-issues. Why? Because greed is present in US/West
as well as India. And moral values are at same level in India as well as West.
Key reasons why police atrocities are higher in India than in West
Following are the key reasons why police atrocities in India are higher compared to West:
1. Lack of the Jury and Grand Jury Systems:
The policemen in US are supervised by senior police officers, elected persons like Governors/MLAs, govt lawyers, judges, and Jurors and Grand Jurors. Whereas in India, there is supervision ONLY by senior officers, Ministers/MLAs and judges, and there is NO supervision by Jurors and Grand Jurors. Now policemen in US as well as India, do manage to cultivate nexuses with senior policemen, MLAs/Ministers, govt lawyers and judges. But policemen in US cant manage to cultivate nexuses with Jurors and Grand Jurors. Hence in US, there is one nexusless channel of checks/balance, and so it is effective. While in India, ALL channels of checks/balances are nexusprone, nexused, and so ineffective. As a result, there is NO reason for policemen NOT to indulge into atrocities, and so they do.
The policemen in US are supervised by senior police officers, elected persons like Governors/MLAs, govt lawyers, judges, and Jurors and Grand Jurors. Whereas in India, there is supervision ONLY by senior officers, Ministers/MLAs and judges, and there is NO supervision by Jurors and Grand Jurors. Now policemen in US as well as India, do manage to cultivate nexuses with senior policemen, MLAs/Ministers, govt lawyers and judges. But policemen in US cant manage to cultivate nexuses with Jurors and Grand Jurors. Hence in US, there is one nexusless channel of checks/balance, and so it is effective. While in India, ALL channels of checks/balances are nexusprone, nexused, and so ineffective. As a result, there is NO reason for policemen NOT to indulge into atrocities, and so they do.
2. Lack of election/recall of district
police chiefs :
Many police chiefs in US are DIRECTLY elected by citizens. Whereas ALL district police chiefs and other senior police officers are appointed by CM or Home Ministers. The citizens of India, in ALL districts, DO NOT have any procedure to expel the district police chief. In India, the citizens need to approach CM and Home Minister in State's capital to get a police chief expelled. While in US, some districts have a formal procedure by which citizens of a district can expel a police chief without approaching ANYONE, while in other districts, the citizens can get the district police chief expelled by approaching district mayor. This makes it easier for citizens to expel the district police chief if and when the need be, and so district police chiefs in US tend discourage atrocities.
Many police chiefs in US are DIRECTLY elected by citizens. Whereas ALL district police chiefs and other senior police officers are appointed by CM or Home Ministers. The citizens of India, in ALL districts, DO NOT have any procedure to expel the district police chief. In India, the citizens need to approach CM and Home Minister in State's capital to get a police chief expelled. While in US, some districts have a formal procedure by which citizens of a district can expel a police chief without approaching ANYONE, while in other districts, the citizens can get the district police chief expelled by approaching district mayor. This makes it easier for citizens to expel the district police chief if and when the need be, and so district police chiefs in US tend discourage atrocities.
3. Low salaries of junior policemen and
too much workload :
MLAs/MPs/Ministers of India siphon away all the funds into college education (so that intellectuals get busloads of cash in the name of education), and various subsidies and developmental projects which generate bribes. As a result police dept
MLAs/MPs/Ministers of India siphon away all the funds into college education (so that intellectuals get busloads of cash in the name of education), and various subsidies and developmental projects which generate bribes. As a result police dept
Why policemen in India are more atrocious compared to US ---
cause#1 : Lack of The Jury and Grand Jury Systems
The policemen in US/West are supervisied by following persons
1. Senior policemen
2. Elected reps like MLAs/Governors
3. Govt lawyers
4. judges
5. Grand Jurors
6. Jurors
In India,
they are supevised ONLY by first 4 agencies, as judges/MPs in India, in
collusion with intellectuals etc, killed the Jury Systems in India.
In US as well as India, there is NO effective supervision from senior policemen, elected reps, govt lawyers and judges. Why? These individuals have long careers, are well known and so it is trivially easy for policemen to form nexuses with them, directly or indirectly. eg in India as well as US, the senior policemen always have close contacts with elected reps and with govt lawyers etc. And senior policemen have dense nexuses with junior policemen. In addition, the junior policemen have dense nexuses with junior politicians. And these junior politicians have dense nexuses with Ministers and senior MLAs. So when a junior policemen needs unethical favors from a Minister, he can use his nexuses with senior policemen and junior politicians to cut a deal. Therefore, we seldom see any action from Ministers against atrocious policemen, junior or senior.
In the same, the senior policemen have nexuses with judges. The govt lawyers and many private lawyers also manage to nexuses with judges. In some courts in India, the nexus formation is trivially easy and pre-fabricated, as many lawyers are close relatives of judges themselves. So when a policeman needs a favor from judge, he can always use his mexuses with senior policemen and lawyers to cut a deal. Which why, we rarely see a judge punishing a corrupt/atricious policeman in India.
And in US as well as India, the junior policemen overtime cultivate nexuses with senior policemen. So if a junior policemen needs any favor from govt lawyer or elected rep or a judge, he will can always get it via senior policemen.
In short, ALL over the world, the senior policemen, govt lawyers, Ministers and judges are mere show peices when it comes to punishing atrocious policemen.
But in US, the policemen, be junior or senior, have NO nexuses with Grand Jurors and especially with Jurors, as Jurors are chosen from a population of lakhs AFTER the prima-facie guilt is established. Hence SOME nexusless supervision over policemen in US exists. Whereas ALL channels of supervision on policemen in India are nexused. This is the MOST important reason why policemen in India are completely out of control.
The Jury System creates a "fear from citizenry" inside policemen. Such fear exists in policemen of US/West, and stops them from establishing dense nexuses with criminals, indulging into rampant and open bribery and also from indulging into atrocities (in most cases, atrocities are done to extract more bribes, or to favor some third party).
And when it comes to police atrocities, there is an additional reason why The Jury System is far far more effective than the judge system. In The Jury System, the Jurors are common men, and they know that their tenure is just a few days, and when the case ends, they will be living like a common once again. So they empathize with the victim, and also feel that if the policeman has wrongfully beaten this victim today, if he goes unpunished, tomorrow he or some other policeman may beat him or his relative the same way. Basically, the victim and Jurors are in the same boat. So the Jurors DO have a motive to ensure that policemen are NOT wrongfully misusing their power against innocent persons. Whereas a judge has NO such motive. Irrespective of the class/creed or race a judge comes from, he knows that no policeman will ever hurt him. So he has no motive to protect an innocent citizen against police atrocities.
The emperical reason is more than clear : the countries which have The Jury System are the ONLY countries who have low police atrocities. The countries which use judge system are plauges with police atrocities as well as corruption in their police force.
In US as well as India, there is NO effective supervision from senior policemen, elected reps, govt lawyers and judges. Why? These individuals have long careers, are well known and so it is trivially easy for policemen to form nexuses with them, directly or indirectly. eg in India as well as US, the senior policemen always have close contacts with elected reps and with govt lawyers etc. And senior policemen have dense nexuses with junior policemen. In addition, the junior policemen have dense nexuses with junior politicians. And these junior politicians have dense nexuses with Ministers and senior MLAs. So when a junior policemen needs unethical favors from a Minister, he can use his nexuses with senior policemen and junior politicians to cut a deal. Therefore, we seldom see any action from Ministers against atrocious policemen, junior or senior.
In the same, the senior policemen have nexuses with judges. The govt lawyers and many private lawyers also manage to nexuses with judges. In some courts in India, the nexus formation is trivially easy and pre-fabricated, as many lawyers are close relatives of judges themselves. So when a policeman needs a favor from judge, he can always use his mexuses with senior policemen and lawyers to cut a deal. Which why, we rarely see a judge punishing a corrupt/atricious policeman in India.
And in US as well as India, the junior policemen overtime cultivate nexuses with senior policemen. So if a junior policemen needs any favor from govt lawyer or elected rep or a judge, he will can always get it via senior policemen.
In short, ALL over the world, the senior policemen, govt lawyers, Ministers and judges are mere show peices when it comes to punishing atrocious policemen.
But in US, the policemen, be junior or senior, have NO nexuses with Grand Jurors and especially with Jurors, as Jurors are chosen from a population of lakhs AFTER the prima-facie guilt is established. Hence SOME nexusless supervision over policemen in US exists. Whereas ALL channels of supervision on policemen in India are nexused. This is the MOST important reason why policemen in India are completely out of control.
The Jury System creates a "fear from citizenry" inside policemen. Such fear exists in policemen of US/West, and stops them from establishing dense nexuses with criminals, indulging into rampant and open bribery and also from indulging into atrocities (in most cases, atrocities are done to extract more bribes, or to favor some third party).
And when it comes to police atrocities, there is an additional reason why The Jury System is far far more effective than the judge system. In The Jury System, the Jurors are common men, and they know that their tenure is just a few days, and when the case ends, they will be living like a common once again. So they empathize with the victim, and also feel that if the policeman has wrongfully beaten this victim today, if he goes unpunished, tomorrow he or some other policeman may beat him or his relative the same way. Basically, the victim and Jurors are in the same boat. So the Jurors DO have a motive to ensure that policemen are NOT wrongfully misusing their power against innocent persons. Whereas a judge has NO such motive. Irrespective of the class/creed or race a judge comes from, he knows that no policeman will ever hurt him. So he has no motive to protect an innocent citizen against police atrocities.
The emperical reason is more than clear : the countries which have The Jury System are the ONLY countries who have low police atrocities. The countries which use judge system are plauges with police atrocities as well as corruption in their police force.
Why policemen in India are more defunct/corrupt compared to US ---
cause#2 : Lack of Election of District Police Chiefs, and no procedure to recall
In India, ALL district police chief are appointed by the state's Home Minister and Chief Minister. In short, the HM/CM appoint only those as district police chiefs, with whom they have nexuses. To make matter worse, the CM in India's states has administrative powers to appoint 100s of district top-officers in various dept. So 1000s and 1000s of individuals inside govt and outside govt queue up to form nexuses with CM. As a result, CM in India are highly nexused individuals. Likeiwse, the Home Minister in a state has partial power to decide appointments of 100s and 100s of govt lawyers. So a large number of lawyers, criminals etc also queue up to form nexuses with Home Minister. And so persons CM/HM choose to appoint district police chiefs are strongly based on the nexuses CM/HM have. This increases the defunctness of police chiefs.
When a senior police chief manages to become district police chief (or a or more senior position) using his nexuses with CM/HM, or using nexuses with wealthy individuals, mega-criminals etc, he in tur has little option but to accept CM/HM's requests/orders to transfer junior policemen like Inspectors, Sub-inspectors etc. As a result, the entire police becomes defunct.
Whereas in US, the district police chiefs in many districts are elected. As a result, they are independent from Governors and even MLAs. And their nexuses with Governors, MLAs and other officers are weaker. This has been one reason why police force in US/West is less nexused than that in India.
Also, there is "lack of recall factor" that increases police atrocities in India. Not all, but several districts in US, citizens have procedures by which they can recall/expel the district police chief, without lobbying before top level authorities like Governors. This puts a powerful check over govt lawyers. No such recall procedures exist in India. In other districts in US, recalling the district police chief would only need citizens to canvas before City Councilors, NOT Governor/CM. This decentralization makes it easier for citizens to expel the district police chief. While citizens in India would need hectic canvasing/appealing before CM, which due to logistic reason is nearly impossible.
IOW, there is a realistic threat on district police chiefs in US, that chronic corruption, inefficiency and atrocity in his office, or even by his juniors, may result into an expulsion. While such threat does NOT exist in the minds of India's district police chiefs. So the district police chiefs in US take extra care to weed out corruption etc in their juniors. While district police chiefs in India, in general, need NOT bother themselves.
In short, lack of effective recall procedure for district police chiefs has worsened the intigrity of policemen in India.
Why police atrocities in India is much higher than West ---
cause#3 : Overburdened and low salaries
The MLAs/MPs, Ministers and officers in India prefer to blow away money on highways, skyways, fly-overs, ports, IIMs, JNU, UGC etc and NOT spend in police force. As a result, the police depts are hopelessly understaffed and policemen are extremely overloaded with work. Typical constable works 12 to 16 hour a day 6 days a week. Such overloading makes them angry and frustrated.
Also, the salaries of junior policemen is very low. In addition, a large number of constables etc are required to live in barracks or in police stations, where the living conditions are unhygenic and appalling. Many officers who are transferred outisde do not get good housing from the department. A large number of houses are in pathetic conditions. This makes them an angry and frustrated persons.
Why are police atrocities in India is much higher ---
cause#4 : Wrong laws, which crimialize the vices
India has too many laws, that make an ordinary vice a crime. eg vices like gambling, liquor, prostitution etc are crime which policemen are required/empowered to reduce. How? by arresting those who supply/consume liquor/drugs, by arresting those who gamble and/or provide gambling facilities, and by arresting prostitutes, clients and pimps. This increases burden on policemen, and also gives bad policemen a wide oppurtunity to collect bribes. And when collecting bribes is not easy, the policemen indulge into atrocties to maximine the bribe money.
The defunct intellectuals in India, in a class of their own, believe that by making laws against vices like drugs, liquor, gambling and prostitution, and by empowering policemen to arrest drug/liquor additcts/suppliers, gamblers, prostitutes, clients etc can reduce these crimes. This defucnt approach towards vices has only resulted into a rampant increase in police atrocities in India.
1.
US
has Jurors and Grand Jurors to supervise policemen. Since courts are defunct in
India, govt lawyers in India are less afraid of forming nexuses with criminals
and passing them unethical favors.
2.
Many
district police chiefs are DIRECTLY elected by citizens, and rest are appointed
by Distruct Mayors after approval of Councilors. In India, ALL district
policemen are appointed by CM/HM. In addition, there is NO easy procedure for
citizens in India to expel a district police chief.
3.
Salaries
of junior policemen is very low, and police dept are understaffed which makes
them over-burdened.
4.
A
large number of laws, that make vices like gambling, prostitution, liquor etc
as crimes, widen the oppurtunities to collect bribes and commit atrocities.
1.
Steps
1-3 : The citizens of India should force Panchayat Members, MLAs and MPs to
following laws : LM.01
, LM.02 , LM.03. These laws would enable citizens
to take subsquent steps.
2.
Step
4 : The citizens should pass laws to enact procedure CT.02. This law will create a Jury System
in every district over policemen, which will create a nexusless way of
supervising junior policemen, and thus create a check on policemen. In
addition, this procedure ensures that policemen are transferred strictly by a
random mechanism, and NOT by discretion of some small group of individuals.
3.
Step
5 : The citizens should pass laws to enact procedure CT.12. This procedure will enable the
citizens to elect/recall district police chief.
4.
Step
6 : The citizens, using LM.01 and LM.02, should raise the salaries of
policemen, and provide more funds to district police chiefs to buy better/more
equipment.
5.
Step
7 : The citizens, using LM.01-03 should pass laws to decriminalize vics like
drugs, liquor, gambling and prostitution. This will reduce oppurtunities for
policemen to collect bribes, and would give them more time and resources to
chase real criminals like murderers, theives etc
These TRIVIAL steps will reduce
police atrocities in India.
Mehbooba
Under House Arrest
Srinagar,
Aug 01: Peoples Democratic Party (PDP)
president Mehbooba Mufti was Monday placed under house arrest and prevented
from visiting Sopore where a youth had been allegedly killed by police in
custody on Sunday.
The District Magistrate Srinagar
Me’raj Kakroo formally issued an order for house arrest of Mehbooba. The order
says that Mehbooba’s visit to Sopore may add to the breach of peace and public
tranquillity.
“Whereas in order to maintain the overall law and order situation, it is expedient to impose restrictions on the movement of Ms Mehbooba Mufti. I District Magistrate Srinagar in exercise of powers vested in me under section 144 Cr PC do hereby impose restrictions on the movement of Mehbooba Mufti from her Gupkar residence till further orders,” the DM’s order reads.
When KNS contacted the DM and asked him to confirm the news, he dropped the phone and immediately switched it off.
“The order was served today and yesterday’s date had been put on it. During last year’s summer uprising Central Government itself accepted that there was trust and governance deficit in Jammu and Kashmir,” Mehbooba told KNS.
“As opposition party we can’t do anything to governance issue, but we can at least interact with the people and see what their problems are. But Omar Abdullah led NC government isn’t allowing us to do so,” she added.
The PDP president alleged that NC workers were beating government employees and governance situation in the state was going from ‘bad to worse.’
“A minister (Aga Ruhullah) was reportedly hackled recently in SKIMS (by Director SKIMS, Dr Showkat Zarger). Congress MLAs are boycotting board meetings, NC workers are beating public servants and innocent people are getting killing in police custody,” she told KNS.
Asking the ruling NC why government gunmen are born in their rule only, she said, “On May 27, 2009 when a youth was killed in custody by SOG, the CM ordered a probe. Similarly three young boys were killed in cold blooded murder in Islamabad last year again probe was ordered. But nobody knows what happens to these probes. Suspension is no punishment.”
Commenting on her house arrest she told KNS, “If opposition leader is being treated like this, what will be the fate of a common man?”
The PDP president said that they have called a legislature party meeting at Molvi’s Iftikhar’s residence on Tuesday where they will devise the future strategy.
“The meeting has been convened to discuss a grave human rights situation in the state and the developments following the house arrest of the party president,” a statement of the PDP said.
“Whereas in order to maintain the overall law and order situation, it is expedient to impose restrictions on the movement of Ms Mehbooba Mufti. I District Magistrate Srinagar in exercise of powers vested in me under section 144 Cr PC do hereby impose restrictions on the movement of Mehbooba Mufti from her Gupkar residence till further orders,” the DM’s order reads.
When KNS contacted the DM and asked him to confirm the news, he dropped the phone and immediately switched it off.
“The order was served today and yesterday’s date had been put on it. During last year’s summer uprising Central Government itself accepted that there was trust and governance deficit in Jammu and Kashmir,” Mehbooba told KNS.
“As opposition party we can’t do anything to governance issue, but we can at least interact with the people and see what their problems are. But Omar Abdullah led NC government isn’t allowing us to do so,” she added.
The PDP president alleged that NC workers were beating government employees and governance situation in the state was going from ‘bad to worse.’
“A minister (Aga Ruhullah) was reportedly hackled recently in SKIMS (by Director SKIMS, Dr Showkat Zarger). Congress MLAs are boycotting board meetings, NC workers are beating public servants and innocent people are getting killing in police custody,” she told KNS.
Asking the ruling NC why government gunmen are born in their rule only, she said, “On May 27, 2009 when a youth was killed in custody by SOG, the CM ordered a probe. Similarly three young boys were killed in cold blooded murder in Islamabad last year again probe was ordered. But nobody knows what happens to these probes. Suspension is no punishment.”
Commenting on her house arrest she told KNS, “If opposition leader is being treated like this, what will be the fate of a common man?”
The PDP president said that they have called a legislature party meeting at Molvi’s Iftikhar’s residence on Tuesday where they will devise the future strategy.
“The meeting has been convened to discuss a grave human rights situation in the state and the developments following the house arrest of the party president,” a statement of the PDP said.
The arrest of Justice A. S. Bains on April 3, and his subsequent production in handcuffs before a magistrate, have exposed the arrogant highhandedness and utter lack of decency of the Punjab government and the police in that State. That a former High Court judge should be brought in handcuffs before a magistrate shows that the present Beant Singh government has not the least regard for civil liberties and human rights. The prestige of Justice Bains is not affected in the least on account of this incident; the loss in public image is only of the Punjab government and the Punjab police.
That the Punjab government has no regard for human rights is also brought home by the recent arrest of Badal, Tohra, and S.S. Mann while they were proceeding to present a memorandum in support of the demand for Khalistan to the UN Secretary-General, Mr. Ghali. The fact that the demand for Khalistan is quite unsupportable does not in any way justify the arrest of the three Sikh leaders. Their memorandum would reach the UN Secretary-General anyhow and it would get some unmerited importance because of the attempt made by the government to prevent its presentation. The incident merely served the purpose of demonstrating to the people in India and abroad that personal freedom has little value in Indian official circles.
No Indian is required to be told that the recent Amnesty International report on torture, rape and custodial deaths in India is factually correct. The Government of India resents the publication of the Amnesty International report not because it is untrue, but because it would affect its reputation in Western democracies. The Government of India is apparently more concerned with foreign rather that with Indian public opinion. The modern communication system, however has made the world much smaller than it used to be. The frequent violations of human rights in India cannot remain unnoticed for long by the rest of the world.
One of the reasons why human rights are frequently violated is the grant of arbitrary powers to the security forces by the 'black laws' such as the National Security Act. the TADA, the Armed Forces (Special Powers) Act etc. The National Security Act which provides for preventive detention, may be necessary in some cases in terrorists affected areas when witness are unwilling to come forward to give evidence, but even in such cases the Act must be used very sparingly and that too by responsible and highly placed officials. The other 'black laws' are not necessary even where terrorism prevails. Laws like the National Security Act and TADA have been, however, extended to areas which are free from insurgency.
The 'back laws', it must be added, are not the main reason for the more serious violations of human rights. The main reason is that the police quite frequently act beyond the bounds of law, even when the bounds are extended by the 'black laws'. No law authorises the police to torture suspects, to kill them in fake encounters or to humiliate women by rape, or by otherwise violating their modesty. No law authorises the police to open fire on peaceful processions or set whole villages on fire. Such atrocities are committed because the police know that nothing will happen to them if they violate the law. The superior police officers normally side with them, and so does the concerned government.
As is clear from the Amnesty International report, violations of human rights are as frequent in States which are free from terrorism as in the terrorist-affected states. The security forces are obviously not required to act illegally in order to meet the situation created by separatist and terrorist movements, since the 'black laws' have provided them with ample powers. What is not quite so obvious is that the frequent violations of human rights by the security forces strengthen the separatist movements by increasing the alienation of the people from the Indian nation. That is what is happening in Punjab as well as Kashmir in spite of the fact that terrorism is probably on the decline in both these states.
For several years now, terrorist gangs have been unpopular in Punjab, particularly in rural areas. That is because a large number of anti-social elements have joined these. But the unpopularity of the terrorists is over-shadowed by the unpopularity of the police and the government which employs them. Only two years back, the demand for Khalistan did not evoke any positive response in Punjab's rural areas. Now it is reported that the demand has become more popular. That appears to be the reason why even moderate Sikh leaders like Badal and Tohra have now begun to support the demand for Khalistan.
The reason for this deterioration is not only the frequent violation of human rights by the police but the fact that the vast arbitrary powers given to the police have corrupted many of them. It is reported that an increasing number of police person are engaged in extorting money from the public and even in looting. It is well known that many juniors and officers have acquired enormous wealth in Punjab. Consequently, the Khalistan demand has gained in popularity.
A similar development is taking place in the Kashmir valley. Kashmiri militants are losing public support because they also have started extorting money from the people. Correspondingly, the military and para-military forces have been more successful in curbing militancy. But the valley people remain as anti-India as they were in recent years. There also, the para-military forces are being corrupted by the arbitrary powers placed in their hands. One gets such reports from highly placed honest officers of the para-military forces.
One contributory cause of the anti-India stance of many people in Punjab and of almost all the people of the Kashmir Valley is the lack of any effort by the Government of India to adopt measures for winning back the affection of those who are alienated from India. That aspect of the matter is, however, beyond the scope of this article.
Curbing the excesses and atrocities of the security forces is thus necessary not only for the protection of human rights but also for maintaining the territorial integrity of the country. The central and state governments are either unwilling or unable to take any effective steps to keep the police and the para-military forces within the law. The Government of India was often requested to transfer the top police officers in Punjab to other states, but this has not been done. Whenever police atrocities were brought to the notice of either the state or the central government, they have almost invariably supported the version of the police.
The victims of police atrocities have in theory, the legal remedy of filing criminal complaints or civil suits against the erring police persons for appropriate relief. But such remedies are found to be useless. This is not only because litigation is time-consuming. The main reason is that the police are always in a position to terrorise witnesses and to prevent the true versions being established in criminal or civil cases. However, a more expeditious and relatively more efficacious remedy is now available as a result of a recent decision of the Supreme Court in Saheli vs Commissioner of Police, 1990 (1) SCC 422. The Supreme Court has held in this case that compensation can be ordered to be paid by the concerned government when its police causes bodily harm including battery, assault, false imprisonment, physical injury, and death. Whether the governments in India can be held liable of the torts committed by the police while discharging their duty of maintaining law and order was till recently a moot point. The doubt is resolved by the above decision. If the police arrest a person without any justification, even while purporting to act under the National Security Act or the TADA, or if they do not produce the arrested person before a magistrate within 24 hours, or if they deprive him/her of the opportunity to have legal advice, or if he/she is subjected to torture, he/she or a human rights organisations acting on his/her behalf can approach the High Court or the Supreme Court under Article 21 of the Constitution and seek compensation from the government for the wrongful act committed by its employees.
Similar action can of course be taken in cases of rape, custodial deaths, and fake encounters. If, as a result of such legal action, the state or central governments are required to give substantial compensation for police atrocities, they will have to take more effective steps to keep the police within the law. It is to be hoped that human rights organisations will take advantage of the above decision of the Supreme Court.
There is one aspect of the arrest and attempted humiliation of Justice A.S. Bains which is most disturbing. Although Justice Bains was arrested on April 3, and although the news about his arrest and attempted humiliation was widely published in the rest of the Indian press, the press in Punjab refrained from publishing the news till April 8. A committee of the Press Council of India has reported on how the freedom of the Press is being curtailed in Punjab and in Jammu & Kashmir by the pressure exercised by terrorist groups. It appears, however, that in both these states as well as in several other Indian states the freedom of the press is also being curtailed on account of the pressure exercised by the concerned governments,. The silence of the Punjab press for five days after the arrest of Justice Bains is an indication of such pressure. This matter deserves to be investigated by a committee of the Press Council of India.
India
orders probe into police atrocities in Chhattisgarh rebel areas
RAIPUR, India (AlertNet) - Indian
authorities have launched a probe after allegations that security forces burnt
down hundreds of homes of poor tribal villagers in insurgency-wracked
heartlands of the country, according to a senior government official.Tribes people in the central state of Chhattisgarh claim around 300 police and paramilitary officers -- deployed in the region to battle Maoist rebels -- went on a rampage from March 14 to 16, razing to the ground over 200 homes across three hamlets in the region's troubled Dantewada district.
"A four-member panel has been formed to report on the losses due to burning of houses allegedly by police," R.Prasanna, the senior-most civil servant in Dantewada, told AlertNet.
"The panel will comprise of a journalist, one from civil society and one lecturer from a government college and the committee to be headed by a sub-divisional magistrate," he said, adding that an outcome would be expected within a month.
The Maoist insurgency, waged mostly from the forests of central and eastern India, has intensified dramatically since early 2005 leaving tens of thousands of villagers uprooted and hundreds killed, tortured or persecuted by both sides.
Rights activists say the local population living in the mineral-rich state have been persecuted by both the security forces and the Maoists, who want to build a Communist state.
Villagers accuse the rebels of forced recruitment, including the recruitment of children, and widespread extortion.
But they say they also face widespread abuses by government-backed vigilantes and security forces, who in previous anti-Maoist drives, have conducted arbitrary arrests, torture and killings, accusing the civilians of supporting the rebels.
Local newspapers carried photographs of burnt houses and reports of the alleged violations, but police have denied the charges.
"It's all Maoist-propaganda, nothing happened there. I have not received any complaint of police brutalities," S.R.P. Kalluri, senior superintendent of police in Dantewada told AlertNet.
The
Ground Report India (GRI)
One of the most
widespread international Indian eJournals for ground reporting and citizen
media in the world having regular readers in more than 60 countries. Committed
for professional journalism, ground reporting, freedom of expression and the
people
CHRONOLOGY OF POLICE ATROCITIES & HARASSMENTS
AGAINST MASUM ACTIVISTS - FOR CONDUCTING PEOPLE’S TRIBUNAL ON TORTURE
West Bengal,
FEBRUARY 2006
MASUM initiated National Project on Preventing Torture in India (NPPTI) undertaken by the People's Watch, Tamil Nadu, supported by the European Union and the Friedrich Naumann Stiftung (FNSt). MASUM was responsible for implementing the project in West Bengal. Project was designed for 2006-2008. Objective was to ratify the UN CAT and document police torture with legal supports to victims.
799 Fact Findings were made during the period on police and BSF atrocities in six districts of West Bengal
Before Tribunal- 7 June 2008
Officers from the Detective Department, Kolkata Police visited MASUM's office before the tribunal, on 7 June 2008. The police questioned MASUM about the legality of conducting such a tribunal but refused to accept written replies.
9-10 June 2008
MASUM organised a People's Tribunal on Torture (PTT) at Moulali, Kolkata on 9 and 10 June, 2008. The tribunal is the part of the said national project against torture undertaken by the People's Watch, Tamil Nadu, supported by the European Union and the Friedrich Naumann Stiftung (FNSt).
Nearly 1200 victims and their families were present in the public tribunal. As many as 82 victims of torture narrated their plight before the panel members consisting of illustrious persons of national repute. Justice Malay Sengupta, former Chief Justice Sikkim High Court and Dr. Mohini Giri, Former Chairperson, National Commission for Women, Ms. Pamela Philipose, Dr. Satyajit Ash, Mr. Ashok Chakroborty, Dr. Hiralal Konar, Prof. Dr. Tapas Bhattacharya, Mr. Asutosh Mukhopadhay, Dr. Sreemanti Choudhury, Prof. Ruchira Goswami and Prof Dr. A.K Gupta as panelist.
In the inaugural programme Ms. Sayeda Hamid, Ms. Sreerupa Mitra Choudhury and Justice DK Basu were present.
12 June 2008 – Police Raid at MASUM office
On 12 June 2008, police officers from the Detective Branch of West Bengal state police led by the Assistant Commissioner of Police (ACP) Mr. Prabir Chatterge marched into MASUM's office late in the evening claiming that they have obtained a search warrant from the Chief Metropolitan Magistrate Court to conduct a search in MASUM's office. Neither the ACP nor his subordinate officers were in uniform. None of the officers had any identification name tags. While the officers entered MASUM's premise some six to ten uniformed police constables armed with rifles stationed outside MASUM's office. The police had also brought police photographers taking pictures of the search.
When activists of MASUM requested for information why such a search was conducted and on what suspicion, the police officers refused to divulge any information. The police officers only informed that they had obtained a search warrant from the court for the search. On further questioning it was revealed that the officers did not have an omnibus order for search, but was permitted only to look into the activities of MASUM that linked them with the PWTN anti-torture campaign. MASUM cooperated with the police officers. However, throughout the search the police officers tried to harass MASUM by taking 'mug shots' of the MASUM staff as if they are some criminals apprehended after committing a crime.
The police seized some documents from the MASUM office and prepared a seizure list, as required under Indian law. The police have also seized some audiovisual equipment from MASUM which was also included in the list. It is also reported that some of the police officers were apologizing for the trouble caused to MASUM, but maintained that they have to abide by the 'orders from above' without questions. These off the cuff remarks by some police officers strengthen MASUM's suspicion about the actual purpose of the search.
Civil Society Reactions on this brutal attack:
12th June 2008- Dr. V. Mohini Giri sent a letter to Hon'ble Justice Shri S. Rajendra Babu, the then Chairperson of National Human Rights Commission showing her anguish and concern and other panelists showed their solidarity and concern
14th June 2008- Meeting attended by activists from various rights groups at Maria’s Day School, Howrah and showed their solidarity and strategize future course of action
16th June 2008- Press Meet at Press Club from 1-30 pm to 2.30 -pm & release of Interim Report of Peoples Tribunal on Torture
18th June 2008- public meeting and leaflet distribution from 3.30 onwards in front of Coffee House, College Street
26/06/2008 - People’s Convention against illegal police action upon Human Rights Defenders (MASUM) for holding People’s Tribunal on Torture was held at Students’ Hall, College Square, Kolkata, various civil society organizations participated
Framing in Legal case:
Queries on the legality of the tribunal continued at the instigation of Kolkata police and a police case was registered at the behest of the Detective Department at Taltolla Police Station (Taltala Police Station case no. 134/2008 dated 9.6.2008) under sections 170 (Personating a public officer); 179 (refusing to answer public servant authorized to question); 229 (Impersonation of a juror or assessor) and 120B (Criminal Conspiracy) of the Indian Penal Code 1860, against Mr. Kirity Roy and other activists of MASUM. It is noteworthy that Kolkata Police had also supported the activities of the tribunal by sending pilot cars for some of the members of the panel.
· National Project on Preventing Torture in India sent a complaint dated 12 June 2008 to the National Human Rights Commission against the registering of the case
· MASUM challenged the constitutional validity of the criminal case in the Calcutta High Court and requested the court to quash the police case. This case, Kirity Roy & others V. State of West Bengal is pending consideration of the High Court as Writ Petition No. 25022(W) of 2008.
· On 26 August, 2009 Justice Sanjib Banerjee heard the Writ Petition and dismissed the petition on the ground that police investigation is necessary to find out whether the petitioner (Kirity Roy) wished to organize a parallel judiciary in the country.
· MASUM filed an appeal (MAT 1219/2009) along with a Stay Application (C.A.N. 10511/2009) against the order in the Division Bench led by Chief Justice Mohit Ranjan Shah and Justice Pinaki Chandra Ghosh.
· On 10 March 2010, the case was fixed for hearing before the Division Bench as Item number 2. Mr. Sadhan Roy Chowdhury, advocate pleaded on behalf of the petitioner (Kirity Roy). He was assisted by Mr. Somnath Roy Chowdhury, and Mr. Debashish Banerjee, practicing advocates of the High Court, Calcutta. The Respondent/State also presented its case in the court. After an extensive hearing the Division Bench passed an order. The gist of the order is given below:-
“That the above application for stay in the above appeal was taken up on 10/03/2010 by the Hon’ble Division Bench comprised of the Hon’ble Chief Justice sitting with the Hon’ble Justice Pinaki Chandra Ghose.
After hearing the Learned Advocates at length. Their Lordships have been pleased to pass an order staying operation of the judgment and order under appeal till the disposal of the appeal. Their Lordships have further been pleased to pass necessary orders for expeditious disposal of the Criminal Case initiated against the Appellant, initiation of which is the subject matter of the writ Petition, and directing the State Respondents to file a report in this regard within a month.” Their Lordships were further been pleased to pass an order fixing the final hearing of the Appeal on 08/04/2010”.
· 21st April 2010 has been fixed for the next hearing before the Chief Justice of Kolkata High Court regarding the appeal (MAT 1219/2009) along with the Stay Application (C.A.N. 10511/2009)
4th April 2010 (Sunday)
Mr. Abhijit Datta, Advocate & Assistant Secretary of MASUM was summoned at Lalbazar with a notice and Mr. S. Dhar, Investigating Officer of the case examined him and recorded his statement in accordance to section 161 of Criminal Procedure Code of India as a witness, but astonishingly we find his name as an absconding accused in charge sheet.
7th April 2010
Mr. Kirity Roy, Secretary of Banglar Manabadhikar Suraksha Mancha (MASUM) has been arrested from his residence at Serampore, Hooghly in connection with Taltala Police Station, case number 134/2008 dated 9 June 2008 and GR number 1487/2008 under Sections 120B; 170 and 229 of the Indian Penal Code, 1860 by the Anti-Terrorist Cell, Kolkata Police. The police have registered the case against eight persons including Mr. Roy.
The Police continued its subtle harassment by withholding to submit the documents before the Magistrate (Chief Metropolitan Magistrate, Bankshall Court, Kolkata) for a long time so that the hearing of the bail petition could be delayed. Despite the obstructions, Mr. Roy’s lawyers succeeded in getting his bail. Appallingly, Mr. Roy was not physically produced before the concerned magistrate; this is again a violation of law.
The charge-sheet was submitted by the police on 07 April 2010 in connection with the abovementioned criminal case against Mr. Kirity Roy and other seven persons as accused namely (1) Mr. Abhijit Dutta, Advocate, Assistant Secretary, MASUM, (2) Mr. Henri Tiphagne, Advocate, Executive Director of Peoples Watch, (3) Mr. Subhasis Dutta, Advocate, MASUM, (4) Mr. Subhrangsu Bhaduri, Executive Committee Member, MASUM, (5) Ms. Sushmita Roy Chowdhury, Executive Committee Member, MASUM, (6) Ms. Tanusree Chakraborty, Activist, MASUM, and (7) Ms. Aditi Kar, Activist of MASUM & Swayam. It is to be mentioned that those persons except Mr. Kirity Roy were not named in the FIR.
While in the charge sheet sections 120B (Criminal Conspiracy)/170 (Personating a public servant)/229 (Personation of a juror), other charges as 467 (Forgery of a valuable security …. or to receive a money)/468 (Forgery for the purpose of cheating)/420 (cheating)/ 471/ 201 of Indian Penal Code were slapped against Mr. Kirity Roy and Mr. Henri Tiphenge; the rest of the accused persons have been charge sheeted with all the penal sections mentioned, except section 201 of the Indian Penal Code.
It is also relevant to mention that the FIR was registered under sections 120B/170/229 of Indian Penal Code but later the police added the other five penal provisions i.e. Sections 467/468/420/201/471 of Indian Penal Code in the charge-sheet. The Magistrate (CMM, Bankshall, Kolkata) did not take cognizance of the charge sheet while passing order of granting ad interim bail in favour of Mr. Kirity Roy till 21st of April 2010. The Magistrate also took in its judicial observation that the addition of the sections was made without any permission and prayer of the court not showing what new materials are appearing during the time of investigation. The case has been transferred to the court of 7th Metropolitan Magistrate.
On 19th of April 2010, six named accused except Mr. Henri Tiphagne appeared before the said court of 7th Metropolitan Magistrate in person for seeking bail and his court granted ad interim bail to all the accused till 23 July 2010.
21st of April 2010 has been fixed for next hearing for the said case vide number 134/2008 dated 9 June 2008 and GR number 1487/2008
Calcutta High Court Order dated 21st April:
The Division Bench of Calcutta High Court comprising of Chief Justice Mr. Mohit Lal Shah and Justice Mr. SP Talukdar ordered regarding 8th April as the date was fixed for submission of report by the State. State sought adjournment for a week. Hence the matter has been fixed on 28th April for further hearing and for submission of report. We are waiting for the copy of the order.
Bankshall Court:
In connection with Taltola Police Station Case no. 134/2008 dated 9.6.2008(G.R. no.1487/2008) pending before the 7th Metropolitan Magistrate, Bankshall, Kolkata, Mr. Kirity Roy appeared before the court today in compliance of the court’s order dated 7.4.2010. Today, the interim bail was extended to him up to 23. July 2010
· Civil Society reaction on and after Kirity Roy’s arrest and subsequent criminal charges against HR activists of MASUM
7- 19 April 2010
Various civil society organisations and rights groups met at Theosophical Society Hall to discuss about the ongoing harassments and throttling of democratic voices regarding arranging the Peoples’ Tribunal on Torture and subsequent criminal case against MASUM. The meeting was primarily focussed on discussing the future course of action by civil society organisations in response to police and state atrocity on MASUM for holding a People’s Tribunal on 9th and 10th June 2008 at Kolkata. The participants discussed the propriety to holding peoples tribunal.
These were the resolutions taken jointly by nearly 35 representatives of various organisations
A detailed letter to be written to ABP stating the facts and countering false charges.
A convention is planned to take place on 25th June 2010 on Legality and justification of ‘Peoples’ Tribunal’
A draft write-up for the intended convention is to be prepared
The convention should discuss following subjects:
Legitimacy of organizing People’s Tribunal, Discussing the validity, justifiability and righteousness of organising People’s Tribunal according to Indian Constitution, Civil society organizations and individuals after knowing the constant attempts to harass the Human Rights Defenders and activists of MASUM by bringing frivolous charges on behest of state of West Bengal and instrumented by Kolkata police; shown their angst and anguish with further upliftment and encouragement for civil society initiations to challenge the said police actions with a sense of Impunity and further judicial non deliverances.
Sopore custodial death: Omar promises swift action
FEBRUARY 2006
MASUM initiated National Project on Preventing Torture in India (NPPTI) undertaken by the People's Watch, Tamil Nadu, supported by the European Union and the Friedrich Naumann Stiftung (FNSt). MASUM was responsible for implementing the project in West Bengal. Project was designed for 2006-2008. Objective was to ratify the UN CAT and document police torture with legal supports to victims.
799 Fact Findings were made during the period on police and BSF atrocities in six districts of West Bengal
Before Tribunal- 7 June 2008
Officers from the Detective Department, Kolkata Police visited MASUM's office before the tribunal, on 7 June 2008. The police questioned MASUM about the legality of conducting such a tribunal but refused to accept written replies.
9-10 June 2008
MASUM organised a People's Tribunal on Torture (PTT) at Moulali, Kolkata on 9 and 10 June, 2008. The tribunal is the part of the said national project against torture undertaken by the People's Watch, Tamil Nadu, supported by the European Union and the Friedrich Naumann Stiftung (FNSt).
Nearly 1200 victims and their families were present in the public tribunal. As many as 82 victims of torture narrated their plight before the panel members consisting of illustrious persons of national repute. Justice Malay Sengupta, former Chief Justice Sikkim High Court and Dr. Mohini Giri, Former Chairperson, National Commission for Women, Ms. Pamela Philipose, Dr. Satyajit Ash, Mr. Ashok Chakroborty, Dr. Hiralal Konar, Prof. Dr. Tapas Bhattacharya, Mr. Asutosh Mukhopadhay, Dr. Sreemanti Choudhury, Prof. Ruchira Goswami and Prof Dr. A.K Gupta as panelist.
In the inaugural programme Ms. Sayeda Hamid, Ms. Sreerupa Mitra Choudhury and Justice DK Basu were present.
12 June 2008 – Police Raid at MASUM office
On 12 June 2008, police officers from the Detective Branch of West Bengal state police led by the Assistant Commissioner of Police (ACP) Mr. Prabir Chatterge marched into MASUM's office late in the evening claiming that they have obtained a search warrant from the Chief Metropolitan Magistrate Court to conduct a search in MASUM's office. Neither the ACP nor his subordinate officers were in uniform. None of the officers had any identification name tags. While the officers entered MASUM's premise some six to ten uniformed police constables armed with rifles stationed outside MASUM's office. The police had also brought police photographers taking pictures of the search.
When activists of MASUM requested for information why such a search was conducted and on what suspicion, the police officers refused to divulge any information. The police officers only informed that they had obtained a search warrant from the court for the search. On further questioning it was revealed that the officers did not have an omnibus order for search, but was permitted only to look into the activities of MASUM that linked them with the PWTN anti-torture campaign. MASUM cooperated with the police officers. However, throughout the search the police officers tried to harass MASUM by taking 'mug shots' of the MASUM staff as if they are some criminals apprehended after committing a crime.
The police seized some documents from the MASUM office and prepared a seizure list, as required under Indian law. The police have also seized some audiovisual equipment from MASUM which was also included in the list. It is also reported that some of the police officers were apologizing for the trouble caused to MASUM, but maintained that they have to abide by the 'orders from above' without questions. These off the cuff remarks by some police officers strengthen MASUM's suspicion about the actual purpose of the search.
Civil Society Reactions on this brutal attack:
12th June 2008- Dr. V. Mohini Giri sent a letter to Hon'ble Justice Shri S. Rajendra Babu, the then Chairperson of National Human Rights Commission showing her anguish and concern and other panelists showed their solidarity and concern
14th June 2008- Meeting attended by activists from various rights groups at Maria’s Day School, Howrah and showed their solidarity and strategize future course of action
16th June 2008- Press Meet at Press Club from 1-30 pm to 2.30 -pm & release of Interim Report of Peoples Tribunal on Torture
18th June 2008- public meeting and leaflet distribution from 3.30 onwards in front of Coffee House, College Street
26/06/2008 - People’s Convention against illegal police action upon Human Rights Defenders (MASUM) for holding People’s Tribunal on Torture was held at Students’ Hall, College Square, Kolkata, various civil society organizations participated
Framing in Legal case:
Queries on the legality of the tribunal continued at the instigation of Kolkata police and a police case was registered at the behest of the Detective Department at Taltolla Police Station (Taltala Police Station case no. 134/2008 dated 9.6.2008) under sections 170 (Personating a public officer); 179 (refusing to answer public servant authorized to question); 229 (Impersonation of a juror or assessor) and 120B (Criminal Conspiracy) of the Indian Penal Code 1860, against Mr. Kirity Roy and other activists of MASUM. It is noteworthy that Kolkata Police had also supported the activities of the tribunal by sending pilot cars for some of the members of the panel.
· National Project on Preventing Torture in India sent a complaint dated 12 June 2008 to the National Human Rights Commission against the registering of the case
· MASUM challenged the constitutional validity of the criminal case in the Calcutta High Court and requested the court to quash the police case. This case, Kirity Roy & others V. State of West Bengal is pending consideration of the High Court as Writ Petition No. 25022(W) of 2008.
· On 26 August, 2009 Justice Sanjib Banerjee heard the Writ Petition and dismissed the petition on the ground that police investigation is necessary to find out whether the petitioner (Kirity Roy) wished to organize a parallel judiciary in the country.
· MASUM filed an appeal (MAT 1219/2009) along with a Stay Application (C.A.N. 10511/2009) against the order in the Division Bench led by Chief Justice Mohit Ranjan Shah and Justice Pinaki Chandra Ghosh.
· On 10 March 2010, the case was fixed for hearing before the Division Bench as Item number 2. Mr. Sadhan Roy Chowdhury, advocate pleaded on behalf of the petitioner (Kirity Roy). He was assisted by Mr. Somnath Roy Chowdhury, and Mr. Debashish Banerjee, practicing advocates of the High Court, Calcutta. The Respondent/State also presented its case in the court. After an extensive hearing the Division Bench passed an order. The gist of the order is given below:-
“That the above application for stay in the above appeal was taken up on 10/03/2010 by the Hon’ble Division Bench comprised of the Hon’ble Chief Justice sitting with the Hon’ble Justice Pinaki Chandra Ghose.
After hearing the Learned Advocates at length. Their Lordships have been pleased to pass an order staying operation of the judgment and order under appeal till the disposal of the appeal. Their Lordships have further been pleased to pass necessary orders for expeditious disposal of the Criminal Case initiated against the Appellant, initiation of which is the subject matter of the writ Petition, and directing the State Respondents to file a report in this regard within a month.” Their Lordships were further been pleased to pass an order fixing the final hearing of the Appeal on 08/04/2010”.
· 21st April 2010 has been fixed for the next hearing before the Chief Justice of Kolkata High Court regarding the appeal (MAT 1219/2009) along with the Stay Application (C.A.N. 10511/2009)
4th April 2010 (Sunday)
Mr. Abhijit Datta, Advocate & Assistant Secretary of MASUM was summoned at Lalbazar with a notice and Mr. S. Dhar, Investigating Officer of the case examined him and recorded his statement in accordance to section 161 of Criminal Procedure Code of India as a witness, but astonishingly we find his name as an absconding accused in charge sheet.
7th April 2010
Mr. Kirity Roy, Secretary of Banglar Manabadhikar Suraksha Mancha (MASUM) has been arrested from his residence at Serampore, Hooghly in connection with Taltala Police Station, case number 134/2008 dated 9 June 2008 and GR number 1487/2008 under Sections 120B; 170 and 229 of the Indian Penal Code, 1860 by the Anti-Terrorist Cell, Kolkata Police. The police have registered the case against eight persons including Mr. Roy.
The Police continued its subtle harassment by withholding to submit the documents before the Magistrate (Chief Metropolitan Magistrate, Bankshall Court, Kolkata) for a long time so that the hearing of the bail petition could be delayed. Despite the obstructions, Mr. Roy’s lawyers succeeded in getting his bail. Appallingly, Mr. Roy was not physically produced before the concerned magistrate; this is again a violation of law.
The charge-sheet was submitted by the police on 07 April 2010 in connection with the abovementioned criminal case against Mr. Kirity Roy and other seven persons as accused namely (1) Mr. Abhijit Dutta, Advocate, Assistant Secretary, MASUM, (2) Mr. Henri Tiphagne, Advocate, Executive Director of Peoples Watch, (3) Mr. Subhasis Dutta, Advocate, MASUM, (4) Mr. Subhrangsu Bhaduri, Executive Committee Member, MASUM, (5) Ms. Sushmita Roy Chowdhury, Executive Committee Member, MASUM, (6) Ms. Tanusree Chakraborty, Activist, MASUM, and (7) Ms. Aditi Kar, Activist of MASUM & Swayam. It is to be mentioned that those persons except Mr. Kirity Roy were not named in the FIR.
While in the charge sheet sections 120B (Criminal Conspiracy)/170 (Personating a public servant)/229 (Personation of a juror), other charges as 467 (Forgery of a valuable security …. or to receive a money)/468 (Forgery for the purpose of cheating)/420 (cheating)/ 471/ 201 of Indian Penal Code were slapped against Mr. Kirity Roy and Mr. Henri Tiphenge; the rest of the accused persons have been charge sheeted with all the penal sections mentioned, except section 201 of the Indian Penal Code.
It is also relevant to mention that the FIR was registered under sections 120B/170/229 of Indian Penal Code but later the police added the other five penal provisions i.e. Sections 467/468/420/201/471 of Indian Penal Code in the charge-sheet. The Magistrate (CMM, Bankshall, Kolkata) did not take cognizance of the charge sheet while passing order of granting ad interim bail in favour of Mr. Kirity Roy till 21st of April 2010. The Magistrate also took in its judicial observation that the addition of the sections was made without any permission and prayer of the court not showing what new materials are appearing during the time of investigation. The case has been transferred to the court of 7th Metropolitan Magistrate.
On 19th of April 2010, six named accused except Mr. Henri Tiphagne appeared before the said court of 7th Metropolitan Magistrate in person for seeking bail and his court granted ad interim bail to all the accused till 23 July 2010.
21st of April 2010 has been fixed for next hearing for the said case vide number 134/2008 dated 9 June 2008 and GR number 1487/2008
Calcutta High Court Order dated 21st April:
The Division Bench of Calcutta High Court comprising of Chief Justice Mr. Mohit Lal Shah and Justice Mr. SP Talukdar ordered regarding 8th April as the date was fixed for submission of report by the State. State sought adjournment for a week. Hence the matter has been fixed on 28th April for further hearing and for submission of report. We are waiting for the copy of the order.
Bankshall Court:
In connection with Taltola Police Station Case no. 134/2008 dated 9.6.2008(G.R. no.1487/2008) pending before the 7th Metropolitan Magistrate, Bankshall, Kolkata, Mr. Kirity Roy appeared before the court today in compliance of the court’s order dated 7.4.2010. Today, the interim bail was extended to him up to 23. July 2010
· Civil Society reaction on and after Kirity Roy’s arrest and subsequent criminal charges against HR activists of MASUM
7- 19 April 2010
Various civil society organisations and rights groups met at Theosophical Society Hall to discuss about the ongoing harassments and throttling of democratic voices regarding arranging the Peoples’ Tribunal on Torture and subsequent criminal case against MASUM. The meeting was primarily focussed on discussing the future course of action by civil society organisations in response to police and state atrocity on MASUM for holding a People’s Tribunal on 9th and 10th June 2008 at Kolkata. The participants discussed the propriety to holding peoples tribunal.
These were the resolutions taken jointly by nearly 35 representatives of various organisations
A detailed letter to be written to ABP stating the facts and countering false charges.
A convention is planned to take place on 25th June 2010 on Legality and justification of ‘Peoples’ Tribunal’
A draft write-up for the intended convention is to be prepared
The convention should discuss following subjects:
Legitimacy of organizing People’s Tribunal, Discussing the validity, justifiability and righteousness of organising People’s Tribunal according to Indian Constitution, Civil society organizations and individuals after knowing the constant attempts to harass the Human Rights Defenders and activists of MASUM by bringing frivolous charges on behest of state of West Bengal and instrumented by Kolkata police; shown their angst and anguish with further upliftment and encouragement for civil society initiations to challenge the said police actions with a sense of Impunity and further judicial non deliverances.
Sopore custodial death: Omar promises swift action
Srinagar:
Describing as an "inexcusable gross human rights violation" the
custodial death of a youth in Sopore town, Jammu and Kashmir Chief Minister
Omar Abdullah promised that swift and exemplary action will be taken in the
case.
"The death of Anjum (Nazim) Rashid in police custody is a gross human rights violation and inexcusable. Things like this cannot be allowed to happen," Omar wrote on the micro-blogging site Twitter.com.
"The death of Anjum (Nazim) Rashid in police custody is a gross human rights violation and inexcusable. Things like this cannot be allowed to happen," Omar wrote on the micro-blogging site Twitter.com.
Nazim
Rashid alias Anjum died in police custody in Sopore town of Baramulla district.
He was picked up by police yesterday for questioning.
The Chief Minister said he expected police to make
an example of those involved in the death of the youth so that incidents like
these do not occur again.
"I expect the police to do nothing less than make an example of those responsible so that nothing like this even happens again," he wrote.
"I expect the police to do nothing less than make an example of those responsible so that nothing like this even happens again," he wrote.
Three policemen suspended over custodial death in Madurai
Madurai june 2, 2011
The Hindu
Madurai Superintendent of Police Asra Garg talking to the members of the
residents welfare association in front of Oomachikulam police station in
Madurai on Thursday.
Three policemen,
including a sub-inspector, were placed under suspension today in connection
with the alleged custodial death of a 47-year old man in the district.
Madurai Superintendent
of Police Asra Garg ordered the suspension of sub-inspector Jayaraman, head
constable Solaimalai and constable Murugan, of Oomachi Kulam police station,
pending departmental inquiry in connection with the death today of Markandeyan
following alleged torture, officials said.
Markandeyan had gone to
the station last night to file a complaint that his 19-year—old daughter had
been allegedly kidnapped and taken to Coimbatore by their relative Kumar
following refusal to allow Kumar to marry his daughter, police said.
Investigating officials
said police had told Markandeyan that they did not have enough personnel to
search for his daughter but would interrogate any suspect he could bring to the
station.
Following the assurance
of the police, Markandeyan and his brother went to Coimbatore and brought two
of Kumar’s friends to the station in order to help the officials trace the
missing girl, officials said.
However, a case of
abduction was registered in Coimbatore against Markandeyan for allegedly
kidnapping one of Kumar’s friends and Markandeyan was detained in the Madurai
station, they said.
Police allegedly
tortured him and he was found hanging today in one of the police quarters
doubling up as a police station, they said, adding his body bore injuries.
Talking to reporters,
SP Garg said the body had been sent for post mortem and action would be taken
against the police personnel if found guilty.
Custodial
death: Case registered against 8 policemen
MSN
news, july 31.2011
Gwalior, Jul 31 (PTI) A case of
murder and destruction of evidence has been registered against eight policemen,
including a station in-charge, for the alleged custodial death of a social
worker last week.The case was registered yesterday, police said.
It is alleged that Sunil Rajawat was beaten to death in police custody and his body was dumped into Chambal river.
Station in-charge R S Chouhan and two other policemen have been booked for murder and illegal confinement, while the rest have been charged with conspiracy and destruction of evidence, they said.
The incident came to light when head constable Umrao Singh and constable Ramesh Jatav of the GRP police station revealed before mediapersons that Rajawat was caught on July 23 on the charge of pickpocketing, and he died in police custody due to torture.
The administration has ordered a magisterial probe, while DGP S K Rout also ordered a judicial probe into the incident.
Meanwhile, family members of the 27-year-old victim have filed a petition before the Gwalior bench of Madhya Pradesh High Court seeking a CBI probe into the custodial death.
