Wednesday, May 11, 2011

few cases of detention

1. Ram Bali Mushar alias Balli Mushar son of Kisori Mushar resident of village Raitara Post Pindra under jurisdiction Phulpur of Varanasi district was illegally detained on 15th/16th March, 2011 in mid night around 1 am. On 16th March, 2011 morning around 11:50 am Ram Bali’s uncle and volunteer of PVCHR Paras Nath Vanwasi sent telegram to D.I.G, Varanasi after the guidance of PVCHR office. After the continuous advocacy on 18th March, 2011 Phulpur police produced him in the court of ACJM VII for the remand. On same day he was send to the prison but his bail application was denied. But on the application filed for the medico –legal and proper medication ACJM VII gave order to the superintendent district jail to provide medical facilities according to the rule. On 25th April, 2011 the case was transferred in the court of ADJ IX court, Varanasi and on 27th April, 2011 he received bail on the personal bond of Rs. 50,000 and two surety of same amount. Order of bail mentioned that arrest is illegal and unconstitutional. PVCHR filed petition to National Human Rights Commission (NHRC) about violation of Supreme Court order in case of DK Basu versus Government of West Bengal .

2. Ram Lal son of Chedi Bindi village Sagar Semar, Post – Hinauti, under jurisdiction Padri of Mirzapur district was allegally picked up by the Chunar police from Baharmaganj area on May 29th night suspecting his involvement in the case of robbery. He was badly beaten and given electric shock during torture in police custody. He succumbling to the police torture lost is consciousness. Later he find himself in district hospital when gained sense after five days. Ram Lal brother Raj Bahahur lodged complain in connection against inspector incharge of Chunar Police station and other police personal. In protection the local resident has blocked the road.

PVCHR provided him psychological support through testimonial therapy and wrote to NHRC urging appropriate action against police brutality. After long and continuous advocacy on 29th January, 2011 he received compensation of Rs. 10,000 by the police officials in Padri police station, Mirzapur and departmental disciplinary action against alleged police officials.

3. Santosh Patel son of Pancham Patel village Purabpur (Ahrak) Post – Ramaipatti under jurisdiction of Varanasi was killed in the fake encounter. On December 13, 2006, he went to join two friends for dinner. He then disappeared and his family found his dead body in the post mortem house Banaras Hindu Univeristy. The Santosh’s father with the help of PVCHR filed a complaint to National Human Rights Commission after few days of the incidence and also filed the case against police in the court. PVCHR provided psychological support to Santosh brother Ram Lal.

The police were making pressure through the relatives and the villagers. Again after the advocacy NHRC ordered the five hundred thousand Rupees compensation to kin of a victim of extra judicial killing of Santosh Patel.

The incidence was reported in Frontline magazine and Human Rights watch report named “Broken System”. On 26th March, 2011 Ram Lal Produced in the independent public tribunal “Catalysing Human Rights Institutions towards effective justice delivery”. Looking the attitude of state government and police administration, on 29th March, 2011 to PVCHR demands to provide security to witnesses of case and action against the involved police personnel .

4. Sanjay Singh of Pai village of Chandauli district was picked up by the police on 14th June, 2006 only for questioning. Neverthless the family heard that Sanjay would be encountered and spent two days writing letters to state ministers, senior police and state human rights organization. On 16th June they organized a sit in protest at the district magistrate’s office with more than 200 people.

In June 2006, the Ghazipur police killed one Sanjay Singh of Pai village of Chandauli district, claiming that he was a gangster carrying a reward of Rs 25,000 on his head. Singh’s family found that he never had a single FIR lodged against him anywhere in the state, let alone a reward. Police refused to give Sanjay bodies to his family for burial. They approached to People’s Vigilance Committee on Human Rights (PVCHR), which, after a legal battle of three years, managed to get an FIR lodged against the 13 police officers on August 4, 2009 .

5. Upendra Nath Singh alias Guddu son of late Satya Narayen Singh resident of village Samudh pur under jurisdiction of Baluwa of Chanduali district of Uttar Pradesh. On 27th April, 2011 around 1 pm Upendra Kumar brought to the Cantt police station from till that day onward he is tortured in the custody. Even family members are not allowed to meet him. From 29th April, 2011 the family is not aware about the place of his detention. The whole family is apprehensive that Police may kill him in extra judicial killing. Upendra's wife Mamta Singh made complain with many higher authorities, but till now they did not have any information about him.
Police produce him in court after five days due to high profile campaign and advocacy of PVCHR .

6. Deepu Rajbhar resident of Gaura Kala under jurisdiction Chaubeypur of Varanasi district several times he was detained and brutally tortured he became annoyed and on 30th April, 2011 consumed poison and died on next date.PVCHR went to his house give immediately psychological and moral support with petition to NHRC and concerned officials.

7. Ambika Yadav son of Ram Jas Yadav is resident of Haldiya bazar (Bhore) district Sarang, Bihar. In 1960 non –intentional murder happened by him by him. The court gave life imprisonment judgment under section 302 Indian Penal Code and on 16th August, 1966 he was transferred to Varanasi central jail. In prison he faced mental illness and on 4th April, 1971 he was transferred to mental hospital. He completed the detention of 59 years and 7 months then also he is not released as the duration spend in the mental hospital is not counted with the punishment. PVCHR initiated the advocacy with police department and NHRC for his release and rehabilitation.

8. Bhageran Mahto is currently residing of D.L.W New Colony, Kakarmatta, Varanasi was targeted by the station officer for false arrest in retaliation for his organizing other vendor to stop paying bribe to police. On 8th October, 2007 at 6:30 pm he was slapped by seven constables and station house officer. After that he was taken to police station where police showed him country made (locally constructed) pistol and rifle, which they said had recovered from him. In the police station a constables came and stepped on his feet for five to ten minutes, crushing his toes. In night constable escorted him to another room, where two men in civilian dress kicked and beat him to elicit a confession to yet another charge: running a gang. Later station officer called Mahto to another room, where constables tied him up before beating him. His hands and legs were tied; a wooden stick was passed through his leg. They started beating me badly on the leg with lathis and kicking me. They poured water from a plastic jug into my mouth and nose and he fainted. PVCHR provided psychological support through testimonial therapy and re-established through re-integration process by high profile honor ceremony.Legal case in going on in court.

9. Mohan Seth son of late Ghasi Ram Seth is currently resident of Phulwariya, under jurisdiction of Cantt of Varnasi district. Police beat him and held him for a day and a half. First at chowki and later at the station. On 16th July, 2008 police came to his house in civilian dress, accused him of possessing stolen gold and jewellery. Police then threw Seth into non –police vehicle and took him to a deserted railway line. He was taken to a chowki where they distributed the jewelry among SI and constables. When he protested, constables beat him and sub –Inspector broke two of his fingers. Police then bent his head back and poured gasoline in the ear. On 13th May, 2010 court ordered FIR lodged against five policemen due to our psycho legal support. We granted medical support to him.

10. Ram Chandra Prasad is resident of village Nawapura, Sathwa, post- Sarnath under jurisdiction Cholapur of Varanasi district. He was working as an assistant to a pharmacist at a small hospital to support himself as he pursued his art degree. On 16 December, 2007 a friend working in same clinic was shot and killed. Police picked up Prasad the next day, taking him to Cholapur police station courtyard where they pulled his arms around a pole supporting a verandah and used their lathis to cane his legs, telling him to confess to murder his friend. Caning him again that night, police told him that if he confessed, he would be booked on a lesser offence, he refused. Over the course of the next four nights Prasad beatings shifted to the station officers’ room and grew more severe. On fourth day he was sexually abused. He was released next day after family and others from the village blockaded the main road to protest. We provided psycho legal support and case is pending before NHRC.

11. Dalit Rama Shanaker Ram resident of village Ambedkar Nagar, Sakaldiha of Chanduali district on 30th July, 2010 was picked up by the officer incharge of the police station Sakadiha and was tortured in the custody, consequently in the morning he died. Sub –inspector and two constables of Sakaldiha police station was suspended on same date due to immediate intervention. The relief given to the Hirawati widow of Rama Shanker Ram is a sum of Rs. 20,000 from the welfare scheme given by Sub Divisional Magistrate and widow pension has also been sanctioned, the land measuring 0.142 Hecter has been allotted to the family for agriculture. We provided psychological support the wife. Case is pending before NHRC and NHRC gave order to conduct enquiry by independent agency of state. PVCHR demands the five hundred thousand rupees as compensation.

12. On 16th August, 09 arbitrarily detention and harassment of four innocent young boys by Indian para military forces (Assam Rifles posted at one Ningthoukhong village some 8 Km away from Karang island).

a) Salam James son of Jhulon Singh Age 19 years, reading in Class XI
b) Haobijam Nanao (Bobi) son of H. Kwaklei, age 21 years
c) Oinam Somorjit Singh, age 18 years son of O. Sanaton Singh
d) Master Nongthoujam Somarjit Singh, age 11 years son of Lukhoi

It was revealed that the innocent young boys were their way to collect some materials like sands for smearing the bamboo made wall of a house with mud which is under preparation for a proposed marriage ceremony. Fortunately enough, our mission succeeded and four boys were released without much delay. The news of safe release of their children brought a sign of relief and smile in the vexed faces of local women, who were deeply brooding over the uncertain fate of their children.

13. Bidyarani, 11 year old daughter of Mr. S. Dewan Shingh of Nongmaikhong, Mayai leikai, Imphal west district was picked up by the Manipur Police Commando on 14th August, 09 and was detained in Mayang Imphal Police station for four days. After receiving information from the associates on 18th August, 09 around 6.29 pm letter was sent to Chief Minister of Manipur and copied to Prime Minister and H.E. President of India with the plea for the immediate release of her.

She was released around at 7 pm on 18th and on 19th August, 09 at around 1:30 pm she was handed over to her family. The physical and mental condition of Bidyarani is not sound; as she became very weak and unconscious too. She received the psychiatric treatment.

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