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Editor: Nagaraj.M.R....vol.4…issue.03......19/01/2008
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Editorial : legal
prosecution of cruel & inhuman STF police personnel
-
An appeal to H.E.HONOURABLE GOVERNOR OF KARNATAKA
During "catch forest brigand veerappan
operation" , Special Task Force police personnel , illegally arrested , detained , tortured
& murdered innocent tribal people of both tamil nadu & Karnataka
states. NHRC has clearly noted the
crimes of STF personnel & ordered both Karnataka & tamil nadu
governments to pay compensation to victims of police atrocities. However still
some of these victims are not yet paid compensation by these governments , why
? also , the government instead of legally prosecuting guilty police officers
on murder charges , has given awards
& promotion to guilty inhuman police officers. Is the government sending a
message that 3rd degree torture & murders in lock-up / fake
encounters is acceptable & legal ? is it equitable justice ? is there one
set of law for police & another for common people ?
Hereby , we do once again request your
kindself , to dismiss guilty police officials from police service , to withhold
their pension benefits , to legally
prosecute them on charges of murders of innocent tribal people & on charges
of attempt to murder innocent tribal people by 3rd degree torture
methods. Hereby , we also request you to make public JUSTICE A.J. SADA SHIVA COMMISSION's findings
about atrocities by STF personnel.
JAI HIND. VANDE MATARAM.
Your's truly,
NAGARAJ.M.R.
AMNESTY INTERNATIONAL PUBLIC STATEMENT
AI Index: ASA
20/002/2008 (Public)
Date: 18 January 2008
Amnesty
International is concerned that several adivasi (indigenous and
marginalized communities) victims of the decade-long Special Task Force (STF)
operations against Veerappan, who was killed by the STF after being outlawed
for sandalwood smuggling, are yet to receive justice and compensation for the
human rights violations perpetrated against them. Human rights violations
perpetrated in the course of operations against Veerappan included unlawful
killings; arbitrary detention; and torture and other cruel, inhuman or
degrading treatment or punishment (ill-treatment), including sexual violence.
Amnesty
International has learnt that, one year after an official panel of inquiry led
by Justice A. J. Sadashiva ordering the Government of Karnataka to pay
compensation to 51 victims, 13 of them have yet to receive it. The Government
of Tamil Nadu has paid compensation amounts to 38 victims as directed in the
order. In January 2007, the National Human Rights Commission (NHRC) had
directed the two governments to pay compensation to 89 victims as per the
recommendations of the panel of inquiry.
Notwithstanding
the above order, during the past year, human rights organizations in the two
states have been campaigning to ensure justice for 104 other victims whose
complaints of human rights violations including arbitrary and indefinite
detention, torture, including to death, other ill-treatment and sexual assault
were reportedly ignored by the panel. The panel also failed to initiate charges
against any of the 39 STF officials named as perpetrators by the victims during
the proceedings, though it concluded that the STF had perpetrated torture.
However, Amnesty International has learnt that a number of complaints against
39 STF officials have nevertheless been filed by the victims in several police
stations in Tamil Nadu and Karnataka.
In spite of the
filed complaints, a number of STF personnel named as perpetrators in the
victims' complaints were given awards and promotions; furthermore, some of the
officials named by the victims were reportedly present in an official function
held to distribute compensation amounts in Karnataka in March 2007, leading to
protests from the victims.
As a state party
to the International Covenant on Civil and Political Rights, India is obliged
to "ensure that any person whose rights or freedoms... are violated shall
have an effective remedy"; to "ensure that any person claiming such a
remedy shall have his right thereto determined by competent judicial, administrative
or legislative authorities, or by any other competent authority provided for by
the legal system of the State, and to develop the possibilities of judicial
remedy"; and to "ensure that the competent authorities shall enforce
such remedies when granted."
Amnesty
International, therefore, urges
·
the Government of Karnataka to immediately distribute
compensation amounts to the 13 remaining victims as per the January 2007 order;
·
the authorities of Karnataka and Tamil Nadu to thoroughly
investigate the pending human rights complaints against the 39 STF officials
and bring those suspected of perpetrating violations to justice, in proceedings
which meet international standards of fairness and without the imposition of
the death penalty;
·
immediately suspend the officials named in the complaints
from active duty pending completion of investigations;
and
·
the NHRC to participate in the above cases to help to ensure
that there is justice for the victims.
·
the NHRC to re-examine victims' complaints ignored by the
official panel.
Background
In 1993, the
Governments of Karnataka and Tamil Nadu had created the STF to catch Veerappan
and his associates who had remained outlawed for more than seven years. On 21
October 2004, Veerappan and two of his associates were killed during the STF
operations. In all, 36 persons lost their lives during the STF operations.
In June 1999,
the NHRC appointed the official panel, consisting of Justice Sadashiva and a
former Director-General of
FAKE ENCOUNTERS , LOCK-UP
DEATHS & 3RD DEGREE TORTURE BY POLICE IN
Recently, it has been reported in
the media , how in gujarath state high ranking police officials took SUPARI to
murder & committed the murders by giving it the name of encounter. Nowadays
, it has become common place that police take law into their own hands , settle
scores , conducts their own courts of justice like compromise panchayaths at
police stations. All these acts of police are illegal , the police must be first
thought the lessons of law before enforcing it. The murderers , criminals in
police uniform must be punished at the earliest.
At the outset ,
HRW salutes the few honest police personnel who are silently doing their duties
inspite of pressures , harassment by political bosses & corrupt superiors ,
inspite of frequent transfers , promotion holdups , etc. overcoming the lure of
bribe ,those few are silently doing their duties without any publicity or
fanfare. we salute them & pay our respects to them and hereby appeal to
those few honest to catch their corrupt colleagues.
The police are trained , to crack open the cases of crimes by just holding onto
a thread of clue. Based on that clue they investigate like "Sherlock
holmes" and apprehend the real criminals. nowadays , when police are under
various pressures , stresses – they are frequently using 3rd degree torture
methods on innocents. Mainly there are 3 reasons for this :
1)
when the investigating officer (I.O) lacks the brains of Sherlock holmes , to
cover-up his own inefficiency he uses 3rd degree
torture on innocents.
2) When the I.O is biased towards rich , powerful crooks , to frame innocents
& to extract false confessions from them , 3rd degree
torture is used on innocents.
3) When the I.O is properly doing the investigations , but the higher-ups need
very quick results – under work stress I.O uses 3rd degree torture
on innocents.
Nowhere in statuette books , police are
legally authorized to punish let alone torture the detainees / arrested /
accussed / suspects. Only the judiciary has the right to punish the guilty not
the police. Even the judiciary doesn't have the right to punish the accussed /
suspects , then how come police are using 3rd degree torture unabetted. Even
during encounters , police only have the legal right , authority to immobilize
the opponents so as to arrest them but not to kill them.
There is a reasoning among some sections of
society & police that use of 3RD DEGREE TORTURE by police is a detterent of
crimes. It is false & biased. Take for instance there are numerous scams
involving 100's of crores of public money – like stock scam , fodder scam , etc
involving rich businessmen , VVIP crooks. Why don't police use 3rd degree
torture against such rich crooks and recover crores of public money where as
the police use 3rd degree torture against a pick-pocketer to recover hundred
rupees stolen ? double standards by police.
In media we have seen numerous cases of
corrupt police officials in league with criminals. For the sake of bribe , such
police officials bury cases , destroy evidences , go slow , frame innocents ,
murder innocents in the name of encounter , etc. why don't police use 3rd degree
torture against their corrupt colleagues who are aiding criminals , anti
nationals ? double standards by police.
All the bravery of police is shown before poor , innocents , tribals , dalits ,
before them police give the pose of heroes. Whereas ,
before rich , VVIP crooks , they are zeroes. They are simply like scarecrows
before rich crooks.
Torture
in any form by anybody is inhuman & illegal. For the purpose of
investigations police have scientific investigative tools like
polygraph, brain mapping , lie detector , etc. these scientific tools must be
used against rich crooks & petty criminals without bias.
hereby we urge the GOI & all state governments :
1) to
book cases of murder against police personnel who use 3rd degree torture on
detainees and kill detainees in the name of encounter killings.
2) To dismiss such inhuman , cruel personnel from police service and to forfeit
all monetary benefits due to them like gratuity , pension , etc.
3) To pay such forfeited amount together with matching government contribution
as compensation to family of the victim's of 3rd degree torture & encounter
killings.
4) To review , all cases where false confessions were extracted from innocents
by 3rd degree torture.
5) To make liable the executive magistrate of the area , in whose jurisdiction
torture is perpetrated by police on innocents.
6) To make it incumbent on all judicial magistrates ,to provide a torture free
climate to all parties , witnesses in cases before his court.
7) To make public the amount & source of ransom money paid to forest
brigand veerappan to secure the release of matinee idol mr. raj kumar.
8) To make public justice A.J.Sadashiva's report on "torture of tribals ,
human rights violations by Karnataka police in M.M.HILLS , KARNATAKA".
9) To make it mandatory for police to use scientific tools of investigations
like brain mapping , polygraph , etc without bias against suspects rich or
poor.
10) To include human rights education in preliminary & refresher training
of police personnel.
11) To recruit persons on merit to police force who have aptitude & knack
for investigations.
12) To insulate police from interference from politicians & superiors.
13) To make police force answerable to a neutral apex body instead of political
bosses. Such body must be empowered to deal with all service matters of police.
14) The political bosses & the society must treat police in a humane manner
and must know that they too have practical limitations. Then on a reciprocal
basis , police will also treat others humanely.
15) The police must be relieved fully from the sentry duties of biggies &
must be put on detective , investigative works.
AN APPEAL TO HONOURABLE CHIEF MINISTER OF UTTAR
PRADESH
Dear Madam ,
Name of
organisation:
The People's Vigilance Committee on Human Rights, SA 4/2A, Daulatpur, Varanasi,
Uttar Pradesh
Name of alleged perpetrators:
1) Office of the District Magistrate, Varanasi, Uttar Pradesh
2) Station Officer, Phulpur Police Station, Phulpur, Varanasi, Uttar Pradesh
Date of incident: From
9 December 2007
I am writing to express my
concern, regarding the case of the human rights activists associated with the
People's Vigilance Committee on Human Rights (PVCHR). I am informed that, based
on a fabricated charge filed by the village head Mr. Ranjedra Prasad Tripathi,
the local police of Phulpur police station has registered a case against Ms.
Kalawahi, Mr. Prem Nut, Ms. Anupam Nagavanshi, Ms. Sruti Nagavanshi and Dr.
Lenin Raghuvanshi of the PVCHR.
I am also informed that the
District Magistrate (DM) Ms. Veena Kumari is personally responsible behind this
complaint, for which the DM has used Mr. Tripathi as a pawn. I am also informed
that the DM has now instructed the Phulpur police to record that the accused
are absconding so far and to move the local court to proceed against the
properties of the PVCHR. It is suspected that the DM wants to cause damage the
office of the PVCHR to wreck vengeance against the PVCHR for reporting cases of
starvation and malnutrition from the district.
I am worried that the PVCHR
and its work will be adversely affected if such a police action is initiated
against the PVCHR office. I am concerned that such an action will not only hurt
the work of the PVCHR but also other human rights organisations in
I therefore urge you to
take immediate actions so that the entire case records concerning the PVCHR
activists are produced in the local court without any further delay so that the
court could take appropriate actions on the case. I also urge you to ensure
that an enquiry is ordered into the activities of the DM Ms. Veena Kumari's
involvement in registration of the case. I am aware that in the recent past the
DM has been inimical against the activities of the PVCHR, particularly because
the PVCHR has been reporting cases of human rights abuses exposing the utter
neglect of the district administration in discharging their duties.
Your's sincerely,
NAGARAJ.M.R.
AN APPEAL TO HONOURABLE CHIEF MINISTER OF MANIPUR
Dear Sir ,
Name of victim: Mr. Abujam Shidam, resident of
Keibi Makha Leikai, Lamlai, Lamlong, Imphal West District, Manipur
Name of alleged perpetrator:
Officers attached to Manipur State Police stationed at Porompat Police Station
Date of incident: From
7 January 2007
I am writing to express my
concern, regarding the case of Mr. Abujam Shidam, who was arrested by the
Manipur State Police on 7 January 2007 at Porompat Police Station. I am
informed that on 7 January 2008, Mr. Abujam, a lecturer teaching at
I am informed that the
police have registered a First Information Report (FIR) [case number 120(12)]
against Abujam under the provisions of the Indian Penal Code, 1860, the Indian
Arms Act, 1959 and the Unlawful Activities (Prevention) Act, 1967. I am also
informed that the offenses accused against Abujam are of such nature that if
convicted he may even receive a capital punishment.
It is reported that in the
charge-sheet the police have accused Abujam as a suspect responsible for a bomb
explosion that happened on 16 December 2007 which resulted in the death of
seven persons. I am informed that in fact soon after the blast an underground
organisation, the People's Liberation Army (PLA) -- Manipur, has claimed that
the bomb was planted by them and that it exploded when the security forces
intentionally triggered the bomb after arresting their carder.
I am aware that after the
explosion Abujam was one of the several persons who assisted the injured to be
removed to the hospital. After the incident Abujam had also condemned the
explosion in a public statement, irrespective of the persons responsible for
the blast. I am also informed that while in custody Abujam was tortured by the
police by pouring water into his nose and mouth and also by assaulting him on
his legs. I am informed that the Abujam is now finding difficult to walk due
the injuries he suffered from the assault.
I am concerned to know
about the arbitrariness of the state police in arresting a person on fabricated
charges and further torturing him in custody. I am worried to know that this is
not the first case reported from Manipur where the local law enforcement
officers and the para-military and military units stationed in Manipur use
violence against the ordinary citizen in the state. If this is the situation of
a person, knowledgeable as a college teacher, I am worried what would be the
fate of ordinary Manipuries?
I therefore urge you to
take immediate actions against the police officers involved in torturing Abujam
while in custody. I request you to ensure that the Magistrate before whom
Abujam will be produced will record Abujam's statement regarding what happened
to him while in custody and if proved correct will order appropriate actions
against the police officers so as to initiate actions against the officers for
contempt of court keeping in view of the observations made by the Supreme Court
of India in the D. K. Basu case and for custodial torture.
I therefore request you to
take all necessary actions so that Abujam is released on bail and that his
complaints are properly recorded and actions initiated against the police
officers responsible for torturing Abujam while in custody.
Your's sincerely,
NAGARAJ.M.R.
AN APPEAL TO H.E.HONOURABLE GOVERNOR OF WEST BENGAL
Dear Sir ,
Name of victim: Kalidas Ghosh, aged 17 years, son
of Mr. Kartik Ghosh, residing at Angrail Dakshinpara, under the jurisdiction of
Gaighata Police Station, North 24 Parganas district, West Bengal
Name of alleged perpetrator:
Mr. Ram Dhan Rathore, Constable, Border Security Force, Battalion Number 126 –
E Company, stationed at Out Post Number – 6, near Angrail Dakshinpara village,
under the jurisdiction of Gaighata Police Station, North 24 Parganas district,
West Bengal
Date of incident: 28
December 2007
I am writing to express my
concern, having come to know about yet another case of murder committed by the
Border Security Force (BSF) stationed in
I am informed that the
victim, along with his friends were chased away initially by some officers of
the BSF stationed at outpost number 6, when the children were searching for
their lost ball. The children were playing at the school playground and the
outpost is close to the playground. I am informed that the accused Mr. Ram
chased the children into the school compound and later started firing at
Kalidas. After missing Kalidas a few times, the officer finally hit Kalidas,
thereby fatally injuring him.
I am informed that the body
of the boy was later subjected to an autopsy at the
I am concerned to know that
soon after the incident Mr. Manoj Kumar, an officer attached with the BSF along
with the member of the local Gram Panchayat Mr. Subrata Sarkar, a local doctor
Mr. Dulal Sarkar and a local person Mr. Samir Mazumdar had met the victim's
family and handed over some money to the boy's family. I am afraid whether this
was an attempt to silence and further threaten the family not to proceed with
the case against Mr. Ram.
I am concerned about the
repeated number of incidents reported from
While allegations and
counter allegations are made for and against the BSF officer, I wish to remind
you that the primary responsibility of the commanding officer of the BSF and
also that of the government is to conduct an impartial inquiry into the
incident to reveal the facts and circumstances in the case. Now that the local
police have registered a case against the accused, I urge you to ensure that
the local police will in fact carryout the investigation in the case and will
further proceed with the prosecution of the accused, if the facts leveled
against the accused are found true.
I further request you to
look into all the other cases reported to you from
Your's sincerely,
NAGARAJ.M.R.
citizens of india
Dear Madam / Sir ,
Hereby , I am producing cases of human rights violations in
Read full text of the article : Citizens Of India Vs Supreme Court Of India at
following web pages :
http://evoiceofhumanrightswatch.wordpress.com/
,
http://indiancitizen.wordpress.com/
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http://indiapolicelaw.blogspot.com/
,http://hrwpaper.blogspot.com/
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http://e-voiceofhumanrightswatch.blogspot.com,
http://evoiceofhumanrightswatch.rediffblogs.com/
,
http://indiancitizens.rediffblogs.com/
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