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SOS e Voice For Justice & SOS e Clarion of Dalit
Thursday, 16 July 2009
Deadlier terrorists than OSAMA BIN LADEN
Mood:  chillin'
Topic: HUMAN RIGHTS


Deadlier than OSAMA BIN LADEN






S.O.S - eVoice For Justice - e-news weekly


Spreading the light of humanity & freedom


 


Editor:
Nagaraj.M.R....... vol.5 . issue.30.........25/07/2009


 


Editorial
: TORTURE CHAMBERS OF INDIA
- 3RD DEGREE TORTURE PERPETRATED BY POLICE IN INDIA - Gross violations of human
rights by police


 


At the outset
, e - Voice 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.


 


Nowadays , we
are seeing reports of corruption by police & judges in the media and are
also seeing reports of raids by vigilance authorities seizing crores of wealth
from such corrupt police. Some Judges have also amassed crores of wealth. Who
gives them money ? it is rich criminals , anti-nationals . By taking bribe
& hiding the crimes of criminals , the corrupt police & judges are
themselves becoming active parties in the crimes , anti-national activities.
Those shameless , corrupt police & judges are nothing but traitors &
anti – nationals themselves. When an innocent is subjected to 3rd
degree torture to extract truth with justification by investigating agencies
that all for the sake of national security , what degree of torture these
corrupt  , anti-national police & judges qualify for ? what type of
aeroplane or helicopter the corrupt police / judges must ride ? ofcourse , for
protection of national security. Here also police & judges have double
standards , what a shame.


 


We at e –
voice are for "Rule of Law" & abhor all type of violence. Truly
these police & judges are not building a Ram Rajya of our Mahatma Gandhi's
dream.


Jai Hind.
Vande Mataram.


 


Your's
sincerely,


Nagaraj.M.R.


 



 

AN APPEAL TO THE HONOURABLE CHIEF JUSTICE OF SUPREME COURT OF USA
, CHIEF JUSTICE OF INDIA & CHIEF JUSTICE OF PAKISTAN

- By American Citizens




Our country
was known as " Heaven On Earth" , "Land
of Equality & Equal
Oppurtunity" & the "Statue of Liberty" rightly symbolized the spirit
of our country. Now USA is
known as a "Terror
State".




In the last 3 – 4 decades , the persons who occupied the office of President USA ,in their
individual capacity took wrong  , inhuman decisions , meddled in the
internal affairs of other sovereign nations , spent our resources to create
terrorist outfits like al-queda , Taliban in those countries.




In turn these terrorist outfits terrorized , murdered millions of innocents
& this Frankenstein monster came home to roost on September 9 / 11 . After
September 9 / 11 , each terror suspect is severely tortured in hell like Abu
Garibh prison , elsewhere by our authorities. For argument sake let us accept
that these terrorists who murder innocents don't deserve kid glove treatment
& rightly

deserve 3rd degree torture. When a single terrorist deserve such inhuman 3rd
degree torture , what quantum of punishment , torture – previous presidents of
USA deserve – who created , aided & abetted thousands of such terrorists ,
terrorist outfits ?




Herby, we appeal to the honourable Supreme Court of USA to order the federal government
to  to make public :




1. how much  US resources were spent from US TREASURY , to finance
terrorist outfits , military juntas in other sovereign nations ?




2. is not Al-queda  , Taliban creations of USA ?




3. did September 9 / 11 WTC attack truly happened by hijacked airplane or was
it planned by US authorities ? see

http://www.neiu.edu/~ayjamess/hmmm.htm#Main




4 . is racial profiling , profiling a particular community & suspecting all
the muslims as terror suspects , right?




5. if it is right , the cretors of such terrorist outfits – past presidents of USA – who were
Christians makes it logical to assume whole of our Christian community as
terror suspect ?




6. is not use of 3rd degree torture on all type of suspects in US prisons &
in the prisons of US allied countries at the behest of US authorities , right ?
is it not  violation of human rights & US laws ?




7. did US find any weapons of mass destruction in Iraq  , which was  the main reason for US attacking Iraq ?




8. why not US authorities use scientific interrogation techniques like polygraph
, lie detector tests instead of inhuman 3rd degree torture on terror suspects
& suspects in  other criminal cases ?




9 . what legal right our President of USA have , to illegally spend billions of
our dollars on inhuman , llegal acts of terrorism , military coup , creation ,
aiding & abetting of terrorists , etc , in other sovereign nations ?
 while we are suffering from loss of jobs ,loss of home due to natural
calamities , etc ?




Crux , Foundation of all religions is humanity , kindness & universal
brotherhood. It is the preachers who misrepresent it. Terrorism created , aided
, abetted by anybody is inhuman & wrong . Terrorism is creation of power
hungry , selfish people & they must be legally punished .




Hereby ,  we appeal to the honourable court to legally prosecute Previous
PRESIDENTS OF USA in the
last 4 decades , for crimes of terror , as per the present US anti-terror
laws.


 


Recently , in the issue of last week “The Week” , cabinet
minister of government of srilanka (previously a deadly terrorist & right
hand man of LTTE chief Prabhakaran ) Mr. Karuna , Himself has stated in an
interview that LTTE received arms training in Tamilnadu State of India , to
wage war against Government of Srilanka. The Justice Jain Commission Of Enquiry
, which probed late PM Rajiv Gandhi’s assassination case , also stated that
Tamil Terrorist outfits in Srilanka Received monetary , financial , arms
training support from government of India. GOI has even setup a radio
station for tamil terrorists of srilanka , within Indian
territory. GOI spent billions of dollars of Indian taxpayer’s
money for aiding & abetting terrorism , while billions of Indians were half
starving & going without a single meal , without proper health care.


 


Recently in the last week 
, in a media interview the president of Government of Pakistan Mr.
Jardari himself has confessed that in the previous years the government of
Pakistan has aided & abetted Terrorism for tactical gains of Pakistan ,
spending billions of dollars of Pakistani taxpayer’s money. While ordinary
ordinary Pakistanis were suffering from starvation , lack of health care , etc.


 


All the above proves that    Previous
Presidents of Government of USA , previous Presidents of Government of Pakistan
& Previous Prime Ministers of Government of India were the real master
minds of TERRORISM ,  founded , aided ,
abetted TERRORISM FOR THEIR OWN SELFISH GAINS. In turn murdering lakhs of
innocent human beings.


 


These guilty previous presidents & prime ministers are deadly
than OSAMA BIN LADEN.


 


Hereby , we appeal to the supreme courts of USA , INDIA
, PAKISTAN & INTERNATIONAL WAR CRIMES TRIBUNAL , to legally prosecute the
previous Prime Ministers of INDIA
, the previous presidents of USA
& PAKISTAN
, on charges of master minding TERRORISM.


 


 


CRIMINALS
IN POLICE UNIFORM

- An appeal to union home minister & Karnataka state home minister


   
              The ABC of police force in India is apathy
,

brutality & corruption . in India,
police are not impartially enforcing

law instead are working as hand maidens of  rich & mighty. The corrupt


police officers are collecting protection money from criminals ,

collecting money to go slow on investigations , to file B- reports , to

fix innocents in fake cases , to murder innocents in lock-up /

encounters . they are hand in league with land mafia , today C.M of

Karnataka himself issued a warning to police officials about this.

                 Even in lock-ups
, jails, the rich inmates bribe

officials get better food from outside , mobile phones , drugs , drinks

, cigareetes , etc. they get spacious cells & get best private medical

care . where as the poor inmates are even denied food , health care ,

living space as per the provisions of law. The corrupt jail officials

instigate rowdy elements in the jails to assault poor inmates & to toe

their line. More corrupt the police more wealthier he is. Even CBI

officials are no different. The only beacon of hope is still there are

few honest people left in the police force.

                  Hereby , e-voice
urges you to make public the following

information in the interest of justice.


1.how many CBI
officials & Karnataka state police  officials are facing

 charges of corruption , 3rd degree torture , lock-up/encounter deaths

, rapes , fake cases , etc ?


2.how you are
monitoring the ever increasing wealth of corrupt police

officials?


3.how many
officials from the ranks of constable to DGP have amassed

illegal wealth?


4.what action
you have taken in these cases ? have you got

reinvestigated all the cases handled by tainted police?


5.how many
policemen have been awarded death penalty & hanged till

death , for cold blooded murders in the form of lock-up deaths /

encounter deaths ?


6.why DGP of
Karnataka is not registering my complaint dt 10/12/2004 , subsequent police
complaints  ?

is it because rich & mighty are involved ?


7.e - voice is
ready to bring to book corrupt police officials subject to

conditions, are you ready ?


8.how many
police personnel are charged with violations of people's

human rights & fundamental rights ?


9.how many STF
police deployed to nab veerappan were themselves

charged with theft of forest wealth?


10.how you are
ensuring the safety , health , food , living space of

inmates in jails?


11.how you are
ensuring the medical care , health of prisoners in

hospitals & mental asylums?


12.How you are
ensuring the safety , health , food , living space of

inmates in juvenile homes ?


 


TORTURE
CHAMBERS OF INDIA


 


















 



 



They are our
own Gitmos. Where, far away from the eyes of the law, 'enemies of the state'
are made to 'sing'. THE WEEK investigates



By Syed Nazakat



Little Terrorist, as the intelligence sleuths came to call him, turned out to
be a hard nut to crack. No amount of torture would work on 20-year-old Mohammed
Issa, who was picked up from Delhi
on February 5, 2006. The Delhi
Police believed that he had a hotline to Lashkar-e-Toiba deputy chief
Zaki-ur-Rehman Lakhwi, who later masterminded the 26/11 attack on Mumbai. At
a secret detention centre in Delhi,
the police and intelligence officers tried every single torture method in
their arsenal-from electric shock to sleep deprivation-to make Issa sing. He
stuck to his original line: that he had come from Nepal
to visit a relative in Delhi.
Only, they refused believe him.



According to the police, the youth from Uttar Pradesh, who had moved to Nepal in 2000 along with his family after his
father, Irfan Ahmed, was accused in a terrorism case, returned to India to set
up Lashkar modules in the national capital. More than six months after he was
picked up, the police announced his arrest on August 14. He has since been
shifted to the Tihar jail. His lawyer N.D. Pancholi said Issa was kept in
illegal custody for months. If not, let the police say where he was between
February 5 and August 15, he challenged.



Issa could have been detained in any of Delhi's joint interrogation centres,
used by the police and intelligence agencies to extract precious information
from the detainees using methods frowned upon by the law. As one top police
officer told THE WEEK in the course of our investigation, these torture
chambers spread across the country are our "precious assets". They
are our own little Guantanamo Bays or Gitmos (where the US tortures terror suspects from Afghanistan
and elsewhere for information).



Not many admit their existence, because doing so could result in human rights
activists knocking at their doors and bad press for the smartly dressed
intelligence men. It is a murky and dangerous world, according to K.S.
Subramanian, Tripura's former director-general of police, who has also served
in the Intelligence Bureau. "Such sites exist and are being used to
detain and interrogate suspected terrorists and it has been going on for a
long time," he told THE WEEK. "Even senior police officers are
reluctant to talk about the system." So are people who have been to
these virtual hells that officially do not exist.



THE WEEK has identified 15 such secret interrogation centres-three each in
Mumbai, Delhi, Gujarat and Jammu
and Kashmir, two in Kolkata and one in Assam. (One
detention centre that is shared by all security and law enforcement agencies
is in Palanpur, Gujarat.) Their locations
have been arrived at after speaking to serving and retired top officers who
had helped set up some of these facilities. Those who have spent time in
these places had no idea where they are. They were taken blindfolded and were
allowed no visitors. The only faces they got to see were those of the
interrogators, day in and day out.



The biggest of the three detention centres in Mumbai, the Aarey Colony
facility in Goregaon, has four rooms. The Anti-Terrorism Squad questioned
Saeed Khan (name changed), one of the accused in the Malegaon blasts of September 2006, here. He
was served food at irregular intervals (led to temporary disorientation) and
was denied sleep. Another secret detention centre maintained in the city by
the ATS at Kalachowky has a sound-proof room. Sohail Shaikh, accused in the
July 2006 train bombings, was held here for close to two months. "He was
kept in isolation for days together," said an officer. "He crumbled
after being subjected to hostile sessions. Intentional infliction of
suffering does not always yield immediate results. Sometimes you have to wait
for many days for the detainee to break. It is a tedious process." The
smallest of the three facilities at Chembur has just two rooms.



Parvez Ahmed Radoo, 30, of Baramulla district in Kashmir, was illegally
detained in Delhi
for over a month for allegedly trying to plot mass murder in the national
capital on behalf of the Jaish-e-Mohammed. The Delhi
Police's chargesheet says he was arrested from the Azadpur fruit market in Delhi on October 14,
2006. But according to Parvez's flight itinerary, he travelled from Srinagar to Delhi
on September 12 on SpiceJet flight 850. The flight landed at Delhi airport at 12.10 p.m. He had to catch
another flight at 1.30 p.m. (SpiceJet flight 217) to Pune, where, according
to his parents, he was going to pursue his Ph.D. But he never boarded the
Pune flight as he disappeared from the Delhi
airport.



Parvez wrote an open letter from the Tihar jail, where he is currently held,
in which he said he was arrested from the airport on September 12 and kept in
custody for a month. Apparently, he was first taken to the Lodhi Colony
police station and then to an apartment in Dwarka, where electrodes were
attached to his genitals and power was switched on. (Delhi's secret detention
centres are located at Dwarka in south-west Delhi, the Inter-state Cell of
the Crime Branch in Chanakyapuri in central Delhi, and the Lodhi Colony
police station in south Delhi.)



"After my arrest on September 12, I was taken to Pune, where I was shown
pictures of many Kashmiri boys," Parvez said in the letter. "They
wanted me to identify them. As I didn't know any one of them, they brought me
to Delhi
again and threw me into the torture chamber of Lodhi Road [sic] police station. They
took off my clothes and started beating me like an animal, so ruthlessly that
my feet and fingers started bleeding. I was later forced to clean the
blood-stained floor with my underwear. They gave me electric shocks and
stretched my legs to extreme limits, resulting in internal haemorrhage. I
started passing blood with my urine and stool. Later I was shifted to one
flat near Delhi
airport [he later identified the place as Dwarka]. From the adjacent flats,
voices of crying and screaming had been coming, indicating presence of other
persons being tortured."



Throughout his detention, wrote Parvez, he was asked to lie to his parents
that everything was fine. In the letter he also gave the mobile number from
which the calls were made-9960565152. His family is trying to collect the
call site details of the number to prove his illegal detention.

Delhi-based journalist Iftikhar Geelani, who spent nine days in the Lodhi
Colony police station after his arrest in 2002 on spying charges, is yet to
get over the traumatic experience. "There are lock-ups with such low
ceilings that a person will not be able to stand," he said. "There
is an interrogation centre within the police station where people are
brutally tortured with cables, and some are completely undressed and abused.
They also have a facility to raise the temperature of the cell to a point
where it is unbearable and then suddenly bring it down to freezing
cold."



Assistant Commissioner Rajan Bhagat, spokesman for the Delhi Police, denied the existence of such
facilities. "Nobody ever asked me the question [about secret detention
centres]," he said. "We don't operate any such facility in our
police stations."

But Maloy Krishna Dhar, former joint director of the IB, confirmed the
existence of secret detention centres in Delhi and other parts of the country. He
was convinced that detention outside the police station and torture are an
inevitable part of the war on terrorism. "Now I would never dream of
doing the things I did when I was in charge," said Dhar. "But
security agencies need such facilities." Interrogating suspected
terrorists at secret detention centres, he said, is the most effective way to
gather intelligence. "If you produce a suspect before court, he will
never give you anything after that," he said. In other words, once you
record the arrest you are within the realm of the law and you have to acknowledge
the rights of the accused-arrested and contend with his lawyer.



An officer who worked in one of the detention centres admitted that extreme
physical and psychological torture, based loosely on the regime in Guantanamo Bay, is used to extract information
from the detainees. It includes assault on the senses (pounding the ear with
loud and disturbing music) and sleep deprivation, keeping prisoners naked to
degrade and humiliate them, and forcibly administering drugs through the
rectum to further break down their dignity. "The interrogators isolate
key operatives so that the interrogator is the only person they see each
day," he said. "In extreme cases we use pethidine injections. It
will make a person crazy."



Molvi Iqbal from Uttar Pradesh, a suspected member of the
Harkat-ul-Jihadi-Islami who is currently lodged in Tihar, was held at a
secret detention centre for two months according to his relatives. They
alleged that during interrogation a chip was implanted under his skin so that
his movements could be tracked if he tried to escape. "He fears that the
chip is still inside his skin," said one of his relatives. "That
has shattered him."



Kolkata has its own Gitmos in Bhabani Bhawan, now the headquarters of the
Criminal Investigation Department, and the Alipore Retreat in Tollygunj, a
bungalow that is said to have 20 rooms. They were bursting at the seams at
the height of the Naxalite movement, but are more or less quiet now. "A
large number of innocent people, as well as suspected terrorists, have disappeared
after being taken to such secret detention centres," said Kirity Roy, a
Kolkata-based human rights lawyer. "Their bodies would later be found,
if at all, in the fields."


That was how militancy was tackled, first in Punjab and then in
Kashmir. Today no secret prison exists in Kashmir officially after the
notorious Papa-2 interrogation centre was closed down. But secret
torture cells thrive across the state. The most notorious ones are the
Cargo Special Operation Group (SOG) camp in Haftchinar area in Srinagar
and Humhama in Budgam district. Then there are the joint interrogation
centres in Khanabal area of Anantnag district and Talab Tillo and
Poonch areas in Jammu region. Detentions at JICs could last months.
Lawyers in Kashmir have filed 15,000 petitions since 1990 seeking the
whereabouts of the detainees and the charges against them without avail.



The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40, who
was picked by the SOG from Alucha Bagh area in Srinagar on May 18. His family alleged that
he was chained up, hung upside down from the ceiling and ruthlessly beaten
up. He died the same night. Following public outrage, the officer in charge
of the camp was dismissed from the service in June.



Maqbool Sahil, a Srinagar-based photojournalist who was held at Hariniwas
interrogation centre for 15 days, says it is a miracle that he is alive
today. "If you tell them [interrogators] you are innocent, they will
torture you so ruthlessly that you will break down and confess to anything,"
he says.

Human rights organisations are understandably concerned.   Navaz
Kotwal, coordinator of the Commonwealth Human Rights Initiative, said that
there should be an open debate on the illegal detention centres. "The US had a
debate on the Gitmos. Our government should come forward and respond to these
allegations," she said.



No one wants to compromise the nation's safety, but the torture becomes
unbearable, and questionable, when innocent people like the 14-year-old boy
Irfan suffer (see box on page 30). The security of the country and its people
is important and terrorism should be crushed at all cost. But the largest
democracy in the world should also ensure that human rights are not violated.



Dhar defended the secret prison system, arguing that the successful defence
of the country required that the security establishment be empowered to hold
and interrogate suspected terrorists for as long as necessary and without
restrictions imposed by the legal system. "The primary mission of the
agencies is to save the nation both by overt and covert means from any
terrorist threat," he said. "But to keep the programme secret is a
horrible burden."

with Anupam Dasgupta



 



 


Forty secret interrogation cells unveil real face of
India
 [The Nation] 05 Jul, 2009

















 





 













Worlds
oldest democracy United States
may have been forced to close Guantanamo
Bay detention centre, but the
largest democracy India
runs 40 such secret chambers across the country, where suspects are
subjected to extreme interrogation for months and years.

A leading news magazine The Week in its forthcoming issue, accessed by KT
News Service (KTNS), revealed the horror of torture chambers, far from
the eyes of law.

The investigating team of the magazine identified 15 secret interrogation
centres-three each in Mumbai, Delhi, Gujarat and Jammu and Kashmir, two
in Kolkatta and one in Assam. Officials admit that there could be more
and roughly put their numbers at 40. In Palanpur region of Gujarat all security agencies share one detention
centre, the magazine report said. It maintained that mostly suspects were
brought blindfolded so they could hardly pinpoint the place, adding, the
only faces they got to see were those of the interrogators.

The magazine quoted Parvez Ahmed Radoo, 30, of Baramulla district, a
student in Pune University, who was illegally detained in Delhi, as
saying that he, in his open letter, from notorious Tihar jail, wrote that
electrodes were attached to his genitals and power was switched on during
interrogation in the centre.

A large number of innocent people, as well as suspected terrorists, have
disappeared after being taken to such secret detention centres, said
Kirity Roy, a Kolkata-based human rights lawyer.

The report further said that in Kashmir, there were many interrogation
centres like the Cargo Special Operation Group (SOG) camp in Haftchinar
area in Srinagar
and Humhama in Budgam district.

There are the joint interrogation centres in Khanabal area of Islamabad district and Talab Tillo in Jammu and one in
Poonch.

It said that the lawyers in Kashmir had
filed 15,000 petitions since 1990 seeking the whereabouts of the
detainees and the charges against them without avail.

The most recent victim of the torture regime was Manzoor Ahmed Beigh, 40,
who was picked by the SOG from Aloochi Bagh area in Srinagar on May 18. His family said
that he was chained up, hung upside down from the ceiling and ruthlessly
beaten up.

He died the same night.

Quoting KS Subramanian, former Director General of Indian police who had
also served in the Intelligence Bureau, the report said that these sites
existed and were being used to detain and interrogate suspects and it had
been going on for a long time.

An officer, who worked in one of the detention centres admitted that
extreme physical and psychological torture, based loosely on the regime
in Guantanamo
Bay, was used to
extract information from the detainees.

It included assault on the senses like sleep deprivation, keeping
prisoners naked to degrade and humiliate them, and forcibly administering
drugs through the rectum to further break down their dignity.



 







 





 




 


In India, Torture
by Police Is Frequent and Often Deadly


By Rama
Lakshmi


MEERUT, India -- Rajeev Sharma, a young electrician, was
sleeping when police barged into his house a
month ago and dragged him out of bed on suspicion of a burglary in the neighborhood,
his family recalled.


When his young
wife and brother protested, the police, who
did not show them an arrest warrant, said they were taking Sharma to the police station for "routine questioning."


"Little
did we know that we would lose him forever," said Sunil Sharma, Rajeev's
brother, recounting how he died while in police
custody. "Their routine questioning proved fatal," he added, sitting
beside his brother's grieving widow.


Rajeev Sharma,
28, died at the police station within a day of
his detention. Police said he committed
suicide, but his family charges that he was beaten and killed.


The case
highlights the frequent use of torture and
deadly force at local police stations in India,
a practice decried by human rights activists and the Indian
Supreme Court. A little more than a decade after Parliament established the
National Human Rights Commission to deal with such abuses, police torture
continues unabated, according to human rights groups and the Supreme Court.
According to the latest available government data, there were 1,307 reported
deaths in police and judicial custody in India
in 2002.


"India has the
highest number of cases of police torture and custodial deaths among the world's
democracies and the weakest law against torture,"
said Ravi Nair, who heads the South
Asia Human
Rights Documentation
Center. "The police often operate in a climate of impunity, where
torture is seen as routine police behavior to extract confessions from small
pickpockets to political suspects." He said that laws governing police functions were framed under British colonial
rule in 1861 "as an oppressive force designed to keep the population under
control."


Police records show that, two
weeks before his detention, Rajeev Sharma made a electrician's service call at
the home of a wealthy businessman. On that day, the man reported that $500
worth of gold jewelry and about $100 in cash were missing, police said.


After Sharma's
detention, his brother called the police
station and was told that Sharma had confessed to the theft, he said. The
brother said he and other family members rushed to the station and were able to
see Sharma briefly.


"His eyes
were red, his mouth was bleeding and he could hardly walk. They had beaten him
very badly. That was the last glimpse we had," said Sunil Sharma, 35.
"By the evening, the police informed us
that he had committed suicide in the lockup by hanging himself with a blanket.
The suicide story is a coverup; my brother died of police
torture."


The death in police custody sparked two days of rioting and
protests in Meerut, about 45 miles from New Delhi, in the
northern state of Uttar Pradesh. Angry residents surrounded and threw stones at
the police station, burned police vehicles and blocked traffic.


Thousands
participated in Sharma's funeral procession; protesters demanded an open
inquest by a panel of physicians and the immediate arrests of those
responsible.


Police conducted an autopsy in
private, lawyers close to the case said. But authorities did issue arrest
warrants for the man who said he had been robbed and for six police officers, an apparent reaction to the unusual
popular outcry, family members and lawyers said. The merchant is in jail,
alleged to have participated in beating Sharma, but the police officers apparently have fled, authorities said.


Although the Indian government signed the international
Convention Against Torture in 1997, it has not
ratified the document. Some members of Parliament have argued against
ratification, saying they oppose international scrutiny and asserting that Indian laws have adequate provisions to prevent torture. Human rights advocates said Uttar Pradesh
ranks highest among Indian states in the
incidence of police torture
and custodial deaths.


Some police officers justify the use of torture to extract confessions and instill fear.


"The police in India
are under tremendous pressure, as people need quick results. So we have to pick
up and interrogate a lot of people. Sometimes things get out of control,"
said Raghuraj Singh Chauhan, a newly assigned officer at the station where
Rajeev Sharma died. "After all, confessions cannot be extracted with love.
The fear of the police has to be kept alive --
how else would you reduce crime?" he added, fanning himself with a police file folder.


A senior police officer in Meerut, on condition of anonymity, openly
discussed torture methods with a visiting
reporter. One technique, he said, involves a two-foot-long rubber belt attached
to a wooden handle.


"We call
this thing samaj sudharak," the officer said, smiling, using the
Hindi phrase for social reformer. "When we hit with this, there are no
fractures, no blood, no major peeling of the skin. It is safe for us, as
nothing shows up in the postmortem report. But the pain is such that the person
can only appeal to God. He will confess to anything."


Last
September, in a written ruling in a case of police
misconduct, the Supreme Court criticized the use of torture.
"The dehumanizing torture, assault and
death in custody which have assumed alarming proportions raise serious
questions about the credibility of the rule of law and administration of the
criminal justice system," the court said. "The cry for justice
becomes louder and warrants immediate remedial measure."


In addition,
the severity of the torture problem is
probably worse than statistics indicate, because victims, fearing reprisals,
rarely report cases against the police, human
rights advocates said.


"About 40
percent of custodial torture cases are not
even reported. They are just grateful for God's mercy that they are alive and
free," said Pradeep Kumar, a human rights lawyer who has represented police torture
victims in Uttar Pradesh. "Torture
sometimes leads to permanent disability, psychological trauma, loss of
faculties."


The National
Human Rights Commission, led by a retired Supreme Court justice, has faced
criticism that it is too dependent on the government and lacks enforcement
power.


"We have
not been able to build a human rights culture in the police
force," said Shankar Sen, a former police
officer and an ex-member of the commission. "It is not only individual
aberration but a matter of systemic failure."


The commission
has ordered that cameras be installed in police
stations to monitor and deter police
brutality.


"In the
past year we have spent about $600,000 to equip most of the police stations in New Delhi with a camera. This will make police functioning transparent and have a big impact
on torture," said Maxwell Pereira, a
senior police official in the capital.


But critics
and families of victims said they had not seen changes. In a much-publicized
case in New Delhi
last fall, five policemen were charged with beating and killing Sushil Kumar
Nama at a police station.


Nama had been
detained on suspicion that he was working with neighborhood gamblers. Four of
the police officers were arrested in April,
but one remains at large, authorities said. Police
officials denied that Nama was tortured, saying he died of a heart attack after
he was released from custody.


"My two
children are so traumatized that now they run home scared every time they see a
policeman on the street," said Nama's wife, Rekha, 29. "They know
that danger lurks behind that uniform. They are not policemen, they are
wolves."


 


On the
wrong side of law







By Geeta Pandey


BBC News, Delhi









Chunchun Kumar


Chunchun Kumar's wound
is still raw



For Chunchun
Kumar of Bihar's Nawada district, it was just
another evening as he lounged around at a tea stall in his village along with a
friend.


But, then
something happened that changed his life.


"It was
17 March of this year. There were six of them. When we first saw them, they
were beating up the temple priest. He was lying on the ground, they were
kicking and punching him," Kumar says.


"Then
they started hitting two other men. Then they came into the tea shop and they
beat us black and blue. Then they fired at us."


Kumar lifts up
his shirt to show a bullet mark on his abdomen. The wound is still oozing.


The
perpetrators were no ordinary criminals.


Says Kumar,
"They were all policemen. I don't know why they were angry. They were all
drunk, they were like drunk elephants, they went on a rampage."


The shocked
villagers complained to the police authorities, and the offending policemen
were suspended from duty and arrested.


'Very serious'


Additional
director general of police in Bihar Anil Sinha
confirmed the incident.


"Two of
the policemen who were inebriated vandalised the tea shop and began firing
despite protests from their other colleagues. They were arrested and, although
they have been released on bail, they are facing criminal charges."


Kumar's fight
for justice recently brought him to the Indian capital, Delhi, where he
narrated his story at India's first National People's Tribunal on Torture.


Activists say
torture by police is rampant in India.


"The
problem of torture is very serious. Today we have around 1.8 million cases of
police torture each year in India,"
says Henri Tiphagne of People's Watch, an NGO.







Policemen in India


The police are often a
law unto themselves, say campaigners



Mr Tiphagne
says the victims mostly are from the poorer sections of society.


"They are
generally the (low-caste) Dalits, the tribals and the Muslims. And torture is
used by those who are in power, those who possess, the landlords and the
companies who put pressure on the police to carry out torture," Mr
Tiphagne says.


Mr Anil Sinha says
cases of human rights violations involving the police are
"exaggerated" by activists.


"It's a
kind of stereotype being dished out by the NGOs and activists. And because
police have a bad reputation, so people take such allegations to be correct.


"We do
not condone any human rights violations by police in any manner, and such cases
are rare. We have a mechanism in place to deal with such cases and penalise the
guilty," Mr Sinha says.


Shankar Sen, a
retired police officer and former member of the human rights commission, says:
"The policeman's work is very complex, there are pressure on him to
deliver results, the police are exposed to extraneous influences and
pressures."


But, he says,
that does not condone torture. "It's illegal, and as a policeman I know it
doesn't work."


Mr Sen admits
that police torture is prevalent. "Torture does take place, it's very
common, but it's unacceptable. Some allegations against the police are
shocking."


Meenakshi
Ganguly of Human Rights Watch says nearly every police station in India can be
held guilty of torture.


'Arbiter of
justice'


In many parts
of the country, she says, the situation is so bad that people will not got to a
police station to file a case fearing prosecution and retribution.


"There is
this pattern of impunity. The fact that police believe they can get away with
it has added to the problem," Ms Ganguly says.


"The
greater problem is that an average policeman believes himself to be the arbiter
of justice. Instead of going to the court, he himself is delivering justice.







Arun Kumar with parents PP Raju and Lakshmi


Arun Kumar's mental age
has been reduced to one year



"The
policeman is not supposed to punish the criminal, he is supposed to catch the
criminal," she says.


For the victims
of torture and their families, it is a long haul.


Arun Kumar of
the southern city of Bangalore
was picked up by the police after his employer suspected him of having an
affair with his wife.


Kumar's
parents, PP Raju and Lakshmi, say their family home was ransacked, Kumar was
taken to the police station where he was beaten up and tortured for days.


Unable to bear
the pain and the trauma, Kumar drank pesticides in an attempt to kill himself.


He survived,
but his parents say their son's mental age has been reduced to one year - he is
on medication and requires constant care.


The guilty
policeman was suspended for a week, but reinstated later. The family has a long
fight ahead of them.


'Deterrence'


Says Mr
Tiphagne, "A case I initiated in 1981 ended in 2007 with the dismissal of
the officer. So I have hope in Arun Kumar's case too."


But, he says,
this long wait can be a huge deterrence for even the most determined.







Henri Tiphagne of People's Watch.


Mr Tiphagne says nearly
2 million cases of torture take place in India every year



"The
torture at the police station ends, but the torture of institutions continues.
It's more of a psychological and mental nature, it is very challenging. Most
people don't have the courage to withstand that, very few survive that,"
Mr Tiphagne says.


So while the
victims continue to live with the trauma, most of the perpetrators get away.


They are also
emboldened by the fact that India
has no clear law on torture.


The country
signed the UN Convention on Torture in 1997, but even 10 years later, it has
not ratified it.


"We have
to change our culture. We have to create awareness that torture is illegal. The
civil society will have to get involved," says Meenakshi Ganguly.


"People
will have to get past the fact that torture happens only to other people. And
once that happens, it will change," she says.


 


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INDIA: No to torture,
establish rule of law!




The first Prime Minister of India
Mr. Jawaharlal Nehru said "Police
is standing on a quadrilateral from where they can protect and also violate
human rights?"
But it seems that his words are of no use in India today
since there is an enormous increase in the incidents of police torture during
past few decades.



It is apparent that police is the largest agency constituted with the purpose
of establishing the rule of law and human rights. One can read into the Indian
Penal Code, with certain difficulty, the prohibition against torture.
Statements recorded from witnesses under Section 161 of the Criminal Procedure
Code are not blindly admissible in a criminal trial. If the law is so, the next
obvious question is then why do the police resort to torture?



The main reasons are feudal and colonial structure of police, scarcity of
resources in the police department, political intervention and the lack of an
independent agency to investigate the crimes committed by the police
themselves. Modern investigation is unheard of within the police department. In
addition, India's
feudal society condones the use of torture.



The definition of torture as envisaged in the UN Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment defines torture as an
"act by which severe pain or
suffering, whether physical or mental, is intentionally inflicted on a person
for such purposes as obtaining from him or a third person information or a
confession, punishing him for an act he or a third person has committed or is
suspected of having committed, or intimidating or coercing him or a third
person, or for any reason based on discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or with the consent or
acquiescence of a public official or other person acting in an official
capacity."




Section 176 (A) of Cr.P.C. have provisions for the investigation in the each
case of custodial death. However, this section is not used in any case in the
entire Uttar Pradesh state. Neither have any Magistrates issued search warrants
under Section 97 of Cr.P.C. when persons were taken into illegal custody.



The Supreme Court of India
had issued guidelines to be followed by law-enforcement officers at the time of
arrest and questioning in the case D.K Basu vs. West
Bengal
.
It is mandatory for the law-enforcement agencies to
follow, but is been negated in the state. Regarding encounter killings, the National Human Rights Commission has
directed the country's police to register cases in every case of reported
encounter killings. The Commission has also directed to send it a video of the
post-mortem examination in each case of custodial death. This also is not
followed in the state and to the information of the PVCHR anywhere in the
country. The question than is what is the value of the Supreme Court and the
NHRC in the country?



There is a provision for interim relief to be awarded as compensation under
Section 19 of Human Right Act. Article 21 of Indian Constitution guarantees the
right to life with dignity, which is also against torture.  But torture
continues unabated in the state. Do laws in the country have any meaning then?



If we look at the statistics, it is mostly the poor, the marginalised, the
Dalits and the members of the minority and backward communities are subjected
to torture. Those who have mafia gangs and known antisocial elements are not
victims of this, cruel practice other than some rare occasions. Only the
ordinary people are afraid of the police and the torture they practice. So does
India
have two types of citizens -- the one with rights and those who do not have
them?



Police along with the criminals have established the rule of the lords.
Corruption and discrimination are no more mere practices, but the second nature
of the police. Rule of law can be established without preventing police
torture. Let us come together to enlighten ourselves and fight against torture
to stop it and thus establish rule of law.



What you can do?



1) Protest on 26th June against the practice of torture by street plays,
organising discussions and sending letters to the Prime Minister, and through
press releases in newspapers condemning torture and inform us what you did;

2) Indian Government has signed the UN Convention in 1997 but has failed to
ratify it. Send letters to the Prime Minister and the President of India asking
them to require the government to accede the convention;

3) In protest of the cases of torture happening right under the nose of the
National Human Rights Commission, organise a protest in front of the
Commission;

4) Write letters to the editor of publications condemning torture;

5)  To sensitize the people about torture and its forms, take down cases
that you come across and send it to us so that we could follow it up on your
behalf;

6) Write to the Supreme Court asking why its orders and guidelines are not
followed;

7) Write to the government urging the government to provide resources to the
police to function properly.



Thank you



Dr. Lenin Raghuvanshi

Convener - PVCHR

SA 4/2 A, Daulatpur

221002Varanasi

INDIA

Telephone: +91-9935599333

E-mail: pvchr.india@...


 


Guantanamo, Abu Ghraib...
Bagram?


INVESTIGATION: US detention centre under suspicion as eerily
familiar claims OF torture and rendition flights surface from the airbase on
the outskirts of Kabul.


by Ian
Pannell, BBC Afghanistan Correspondent


NOOR HABIB'S
hands shake as he draws a picture of how he says he was abused. He claims that
he was taken to a small, darkened cell where his arms were tied to the ceiling
and he was made to stand in waist-deep water for six hours at a time.


[Mohammad Nasim says he was asked if he knew Osama Bin laden.]Mohammad
Nasim says he was asked if he knew Osama Bin laden.


He says he was
beaten, threatened with dogs, and deprived of sleep. He also claims there was
nothing unusual about his treatment, "everyone else has the same
story".


Habib was an
inmate at the Bagram Theater Internment Facility, an American military
detention center outside Kabul.
Now, for the first time, detailed allegations of widespread abuse and neglect
have been made about this top-secret camp.


"I didn't
think a prison like Bagram ever existed on earth. It is a place that has no
rules or law," says Sabrullah, another ex-inmate.


Over a period
of more than two months, we tracked down 27 former detainees. There were
others, but they were afraid to speak or had been warned not to. Just two said
they had been treated well. Many allegations of ill-treatment appear repeatedly
in the interviews; physical abuse, the use of stress positions, excessive heat
or cold, unbearably loud noise, being forced to remove clothes in front of
female soldiers and in four cases, being threatened with death at gunpoint.


The account of
an inmate known as Dr Khandan is one of the most harrowing. He says he was kept
in isolation for months and treated worse than an animal: "They deprived
us of sleep, they put us in a cold room and turned the air conditioning on and
would take away the blanket. They poured cold water on you in winter and hot
water in summer. They used dogs against us. They put a pistol to your head and
threatened you with death. They put some kind of medicine in the water to make
you sleepless and then they would interrogate you."


All the men
who spoke to us were interviewed in isolation and they were all asked the same
questions. They were held at times between 2002 and 2008 and they were all
accused of belonging to or helping al-Qaeda or the Taliban.


None of the
inmates were charged with any offense or put on trial; some even received
apologies when they were released. While none of the allegations can be
independently verified, the ill-treatment they describe also appears in an
inquiry by US Senators into the handling of detainees in US custody, and
they match the findings of interviews with ex-inmates conducted by human-rights
organizations and legal groups. They are very similar to the methods that were
used at Abu Ghraib prison in Iraq
and Guantanamo Bay
in Cuba.


"The
conditions at Bagram were harder than Guantanamo,"
says Taj Mohammed. The camp has held thousands of people over the last eight
years and a new multi-million dollar detention center is currently under
construction.


Most of the
inmates are Afghans but some were captured abroad and brought here under a
process known as "extraordinary rendition", including at least two
Britons. The Obama administration says they are dangerous men and it classifies
them as "terrorist suspects" and "enemy combatants" rather
than "prisoners of war".


It is a legal
classification that critics say deliberately denies inmates access to lawyers
or the right to appeal or even complain about their treatment.


The Pentagon
has denied the charges and it insists that all inmates are treated humanely. We
were not allowed to visit Bagram, nor was anyone made available for an
interview. Instead, a spokesman for the US Secretary of Defense responded
to written questions. Lieutenant Colonel Mark Wright insisted that conditions
at Bagram meet international standards for care and custody. In a statement, he
said: "Department of Defense policy is and always has been to treat
detainees humanely. There have been well-documented instances where that policy
was not followed, and service members have been held accountable for their
actions."


The US military
said it would investigate any serious claims of abuse, but none of the men
interviewed had been made aware of any formal complaints procedure.


But another
former inmate, known as Mirwais, said: "They have no respect for human
beings. They blame others for violating human rights. You just go and see how
they violate human rights."


Since coming
to office, president Barack Obama has banned the use of torture and ordered a
review of its policy on detainees, which is expected to report next month. But
unlike Guantanamo
Bay, the prisoners at
Bagram have no access to lawyers and they cannot challenge their detention.


Tina Foster,
executive director of the International Justice Network, a legal support group
which is bringing a test case in the States to try to win representation for
four detainees, says the inmates at Bagram are being kept in "a legal
black hole, without access to lawyers or courts".


She is
pursuing legal action that, if successful, would grant detainees the same
rights as those still being held at Guantanamo
Bay, but the Obama
administration is trying to block the move.


Last summer,
the US Supreme Court ruled
that detainees at Guantanamo
should be given legal rights. Speaking on the campaign trail, Obama applauded
the ruling: "The Court's decision is a rejection of the Bush
Administration's attempt to create a legal black hole at Guantanamo. This is an important step toward
re-establishing our credibility as a nation committed to the rule of law, and
rejecting a false choice between fighting terrorism and respecting habeas
corpus."


Foster accuses
Obama of abandoning that position and "using the same arguments as the
Bush White House".


In its legal
submissions, the US Justice
Department argues that because Afghanistan
is an active combat zone it is not possible to conduct rigorous inquiries into
individual cases and that it would divert precious military resources at a
crucial time. Pentagon spokesman Wright says: "Detention during wartime is
not criminal punishment and therefore does not require that individuals be
charged or tried in a court of law."


Obama has also
ruled against an earlier decision to release photos that show abuse of
prisoners in US custody in Afghanistan.


Ex-inmate
Esmatullah says he has trouble breathing when he thinks about Bagram, he gets
nervous at the very mention of its name. Like many others, he also claims that
he was beaten and threatened during interrogation: "The Afghan translator
told me he has orders to take out my eyes, break my legs and hands. I said I am
not afraid of dying. Then he hit me with a stick so hard that I had severe
pains in my back for a month and a half."


Unlike Abu
Ghraib and Guantanamo
Bay, Bagram has received
scant attention so far. The men would like an official apology, recognition of
the abuse they say they have suffered and compensation.


These
revelations come at a time when president Obama is trying to re-set America's relationship with the Muslim world and
he is redoubling US efforts to win the war in Afghanistan. It is a controversy
that has already attracted much attention in the Afghan and Pakistan media
and seriously threatens to tarnish the image of the new Obama administration on
both sides of this troubled border.


INDIA: Structural breakdown of
the justice system must be addressed


The reports
that appeared yesterday in the Indian media quoting 'informed sources' that the
Tamil Nadu state police has decided not to produce detainees in courts exposes
the extent to which the justice institutions have broken down in India.
According to the provisions of the Criminal Procedure Code, 1973 it is the
statutory duty of the state police to assist the courts in the country for its
day-to-day functioning. It is also mandatory for the police to produce the
detainees remanded to judicial custody before the courts, as and when required
by the courts. Any decision by the police, express or implied, against this
official duty must not go unpunished.



The decision of the Tamil Nadu state police is a wilful dereliction of official
responsibility, negation of judicial supremacy and the very function of the
police in maintaining law and order. The Asian Legal Resource Centre (ALRC) and
its sister concern the Asian Human Rights Commission (AHRC) have been
continuously reporting instances suggesting the systematic breakdown of rule of
law in India, particularly concerning the police. The decision by the state
police of Tamil Nadu to disregard the provisions of law, substantiates ALRC's position
that there are apparent and deep-rooted problems affecting the rule of law in India.



Lawyers engaged in professional misconduct, judges failing to perform duties
and police officers committing crimes, assaulting persons and destroying
property have become the defining characters of the justice dispensation system
in the country. The structural breakdown is apparent. Yet, instead of gearing
up to repair the ruptures, it appears that the government is forcing the people
to get used to the reality.



The approval by the Government of India for recruiting, training and
deploying Salwa Judum, in Chhattisgarh state, in the excuse of countering
Naxalite activities in that state is an example. Salwa Judum is nothing but an
armed mercenary group operating with impunity in Chhattisgarh. The Chhattisgarh
state administration finds it convenient to arm a faction of organised
civilians to fight anti-state movements like the Naxalites. By promoting Salwa
Judum, the state is trying to absolve from its responsibility of maintaining
law and order in its territory.



The Government of India,
instead of preventing the Chhattisgarh state administration from continuing
with the deployment of Salwa Judum, insisted yet another state administration,
the Manipur state government, to resort to similar tactics in 2008. The same
practice was implemented years ago in the state of Jammu
and Kashmir during the time of rightwing BJP led government in India. Neither
in Jammu and Kashmir,
nor in Chhattisgarh or in Manipur, has the situation improved since then.



In the past two years, there has been an alarming increase in the number of
extra-judicial executions reported from India. In the Indian context, such
murders are referred to as 'encounter killings'. As of now, there is no legal
framework in the country by which an impartial enquiry and investigation is
possible in a case of encounter killing. The practice is, a superior officer
and later the court, accepts a report sent in by the police involved in the
murder and no further action is initiated. The murder is often rewarded by the
administration, so much so, there are more than three dozen 'encounter
specialists' serving as police officers in various parts of the country.



Impunity for the police to murder and the lack of punishment trivialises the
practice of custodial torture in the country. The practice of torture is
widespread and is accepted as an essential requirement for law enforcement.



On June 15 this year, the Speaker of the Kerala State
Legislative Assembly, Mr. K. Radhakrishnan, declared at the annual conference
of police officers of the state, that the use of third-degree methods by the
state police cannot be condemned. The Speaker during his keynote address argued
that it is ridiculous to insist that the police officers in India respect
human rights. According to him, it is difficult to do policing and respect
human rights at the same time. He made it clear that when the police
investigate a crime, it is natural and often required for the investigating
officer to use torture to prove the case. Among those listening to these
remarks were the Director of the State
Police Training
College and the Director
General of Police.



Breach of law by the law enforcement agencies in the country meets no bounds.
Corruption, nepotism and the disregard to the law flourish within state
agencies, particularly in the police. The society quiver under the writ of fear
when the law enforcement agents commit crimes with impunity. In spite of
repeated and legitimate requests from national and international human rights
groups and the thematic mandates holders of the UN like the Special Rapporteur
on the question of torture, the Government of India has failed to criminalise
the practice of torture or to ratify the Convention against Torture.



In fact, the government has failed in implementing the directives of its own
Supreme Court. The directives of the Supreme Court in the Prakash Singh case are
yet to be implemented in the country. The implementation of the Court's
directives is important for improving the state of policing in India, since
half of the issues concerning the police, including the practice of torture and
participation in crimes by the police officers, are carried out at the behest
of corrupt politicians in the country. Having a law against torture while the
ultimate writ above the police entrusted with a corrupt politician will not
improve policing in India.




It is in this context that the protest called in by the Tamil Nadu state police
becomes relevant in exposing and addressing the situation of rule of law in India. The very
fact that the police can intentionally negate the supremacy of law shows the
vacuum of authority in the country. The incident illuminates the impunity that
the police have enjoyed so far that they have now dared to openly challenge
judicial supremacy.



Instead of actively engaging in the situation, the Tamil Nadu state government
has allowed the police to continue with their follies. The police action on
February 19 inside the compound of Madras
High Court that injured police officers, lawyers, judges, court staff and
ordinary persons is not of such triviality that it could be resolved by a fast
declared by the state Chief Minister. The police-lawyer confrontation and the
subsequent sequels of non-cooperation between three important limbs of the
justice dispensation system of the country is not an issue that can be
camouflaged with political gimmicks and ignored.



The February 19 incident is the clarion call for intervention by a system,
which is left to breakdown and disintegrate. The subsequent protest
orchestrated by the state police refusing cooperation to the functioning of the
judiciary is a failure of the constitutional machinery that require a
legitimate intervention by the Government under Article 356 of the Indian
Constitution. The failure of the Government of India
to take affirmative actions to correct and revitalise its criminal justice
system poses legitimate challenges to India's democracy and the country's
position in the UN Human Rights Council.



 

POLICE
COMPLAINT AGAINST PUBLIC SERVANTS


From,


NAGARAJ.M.R.


LIG-2 /
761, HUDCO FIRST STAGE,


LAXMIKANTANGAR,
HEBBAL,


MYSORE - 570017.



 

Through,


Honourable
DG & IG of Police ,


State
Police H.Q ,


Bangalore.



 

To,


Honourable
Circle Inspector of Police,


Vijayanagar
Police Station,


Mysore.



 

Honourable
Sir,


 
 Subject : Violation of FUNDAMENTAL RIGHTS & HUMAN RIGHTS by


Honourable
Chief Jusice of India &
 H.E.Honourable President of India

& other public servants



 

In India , as per constitution of india all citizens are


equal ,
have right to equal oppurtunity &


equitable
justice irrespective of caste , creed , religion , etc. the


constitution
has guaranteed these to every indian


citizen by
way of CONSTITUTIONAL FUNDAMENTAL RIGHTS. Also , every


humanbeing
on earth has got HUMAN RIGHTS, by virtue of


his / her
birth.


However in india ,
CONSTITUTIONAL FUNCTIONARIES / PUBLIC


SERVANTS
have forgotten this & are acting as lords ,


autocrats -
unquestionable public masters. CONSTITUTIONAL


FUNCTIONARIES
are PUBLIC SERVANTS appointed to serve the public,


public are
the kings of democracy , they are the taxpayers &


paymasters
of this very same public servants.


In India ,
corruption has spread it's tentacles far &


wide , it
has not even spared the judiciary. The last


resort of
commonman for seeking justice is judiciary , even there


corruption
has spread.In present day India
, if one


is rich ,
he can committ any type of crime & get away clean from


courts of
law. there are corrupt police officials


who modify
FIR , suppress evidences ,manipulate evidences , takes up


different
line of investigation ,  fix innocents ,


coughs-up
false confessions from innocents by 3rd degree torture ,


file B
report closing the case , decides not to


appeal in
higher court of law , etc , ALL FOR A PRICE. Just see the


list of
millionnaire police officials who are


caught by
karnataka lokayukta.


Next step ,
the prosecutor & defense advocate strikes a


deal ,
manipulates evidences , manipulates way


of
presentation of case & way of argument favouring the rich crooks


for a price
, as observed in high profile


BMW case
involving public prosecutor IU KHAN & defense counsel RK


ANAND. In
this way , if corrupt police & advocates ,


together
manipulate the due process of law , the presiding judge is


left high
& dry eventhough the judge is honest,


he is left
helpless. to add to this , when the judge himself is


corrupt ,
people's last hope , democracy is dead. nowadays


we are
hearing too many reports of irregularities in judiciary.


our
publication has filed many appeals as PUBLIC INTEREST


LITIGATION
before hon'ble supreme court of india,


but the
vested interests there are not accepting it as PILs. WHAT DOES


PUBLIC
INTEREST LITIGATION MEANS ?


ISSUES
WHICH ARE OF PUBLIC CONCERN AFFECTING MANY NUMBER OF PUBLICS.


The issues
raised by us for sample :


1. sale of
fake medicines & adulterated food products , beverages ,


colas
affecting the health of millions of indians


&
public of importing nations who are importing the same dangerous


products
from india
.


2.
demolition , eviction of houses , lands belonging to poor dalits ,


tribals ,
backward castes by government authorities


whereas
regularising  illegal land encroachments , illegal buildings


by high
& mighty people in total disregard to law.


in some
cases government has even made contempt of court , by defying


court
orders & enacting special laws all to favour rich land grabbers.


3. take the
cases corporate frauds, violation of labour laws ,


pollution
board laws , tax laws , etc by companies.


4. The
reports in media about certain highly placed public servants


leaking india's defense
secrets to foreign countries


& some
politicians , film stars attending parties hosted by anti


nationals
DAWOOD IBRAHIM & underworld dons in gulf


countries
& elsewhere.


these type
of appeals are for public good , national


security ,
as public are affected by them. still supreme court of


india is not considering


our
repeated PIL Appeals.the courts have the authority to consider


even a post
card , e-mail as a PIL Appeal , the courts


even have
the right to initiate suo-motto action for public good ,


inspite of
absence of any appeals / complaints.


over &
above this at the time of my very first appeal my income was


very low
& i was a retrenched factory employee who was eligible


for free
legal aid, even free legal aid was not given to me.


Now , even
to my repeated RTI Appeals  the Honourable chief


justice of India & H.E.Honourable President of India


are not
giving the requested information . these action of CJI &


PRESIDENT
OF INDIA
is aiding high & mighty criminals , anti


nationals ,


amounts to
suppression of information , truth , evidences , which is a


cognizable
offence.


CROSS EXAM
OF HONOURABLE CHIEF JUSTICE OF INDIA
, SUPREME COURT OF


INDIA -


http://crosscji.blogspot.com/
,


http://crossexamofchiefjustice.blogspot.com/
,


http://crimesofsupremecourt.wordpress.com/
,


http://crosscji.wordpress.com/
,


http://crossexamofchiefjustice.wordpress.com/
,


CROSS EXAM
OF UNION HOME SECRETARY , GOI , NEW
DELHI –


http://crosscji.blogspot.com/
,


http://crossexamofchiefjustice.blogspot.com/
,


http://crimesofsupremecourt.wordpress.com/
,


http://crosscji.wordpress.com/
,


http://crossexamofchiefjustice.wordpress.com/
,


CROSS EXAM
OF DG&IG OF POLICE , GOK , BANGALORE


http://crosscji.blogspot.com/
,


http://crossexamofchiefjustice.blogspot.com/
,


http://crimesofsupremecourt.wordpress.com/
,


http://crosscji.wordpress.com/
,


http://crossexamofchiefjustice.wordpress.com/
,


CROSS EXAM
OF GOVERNOR , RESERVE BANK OF INDIA


http://theftinrbi.blogspot.com/
, http://theftinrbi.rediffblogs.com/


, http://theftinrbi.wordpress.com/


CROSS EXAM
OF MUDA COMMISSIONER , MUDA , MYSORE


http://crimesofmuda.blogspot.com/
, http://manivannanmuda.blogspot.com/


, http://crimesatmudamysore.wordpress.com/
,


CROSS EXAM
OF BDA COMMISSIONER , BDA , BANGALORE


http://crimesofbda.blogspot.com/
, http://bdacrimes.wordpress.com/
,


CORPORATE
CRIMES RPG CABLES LIMITED


http://crimesatrpg.blogspot.com/
,


http://crimesatrpg.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/218


MEGA FRAUD
BY GOVERNMENT OF INDIA


http://megafraudbygoi.blogspot.com/
,


http://megafraudbygoi.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/196


are you
ready to catch tax thieves ?


http://megafraudbygoi.blogspot.com/
,


http://megafraudbygoi.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/196


MOBILE
PHONES , CURRENCY SCANDALS


http://megafraudbygoi.blogspot.com/
,


http://megafraudbygoi.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/196


reliance
industry where is accountability ?


http://megafraudbygoi.blogspot.com/
,


http://megafraudbygoi.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/196


crimes at
infosys campus


http://crimeatinfy.blogspot.com/
,


http://crimeatinfy.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/214


crimes by
B.D.A against a poor woman


http://crimesofbda.blogpot.com/
,


http://bdacrimes.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/212


crimes of
land mafia in India


http://landscamsinindia.blogspot.com/
,


http://landscam.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/212


currency
thefts in RBI Press


http://theftinrbi.blogspot.com/
,


http://theftinrbi.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/80


killer
colas & killer medicines of India


http://deathcola.blogpot.com/
,


http://deathcola.wordpress.com/
,


http://groups.yahoo.com/group/naghrw/message/201


We do have
highest respect for all constitutional bodies ,


public
servants , but it is an appeal to the


honest few
in public service ,to bring to book their corrupt


colleagues.The
Honourable Chief Justice of India & H.E.Honourable


President
of India


have
violated their oaths of office , failed in their constitutional


duties ,
suppressed material truths / informations & thereby


repeatedly


violated my
Constitutionally guaranteed FUNDAMENTAL RIGHTS & BASIC


HUMAN
RIGHTS & Obstructing me from performing constitutionally


prescribed
FUNDAMENTAL DUTIES AS A CITIZEN OF INDIA.


Hereby , i
do


request you
to legally prosecute the below mentioned public servants

viz


1.
H.E.Honourable President of India


2. Honourable Chief Justice Of India


3. Union Home Secretary , GOI

4. Governor , Reserve Bank Of India


5. Director-General & Inspector General Of Police , government of

karnataka

6. Commissioner , Bangalore
Development Authority

7. Commissioner , Mysore
Urban Development Authority

8. Commissioner , Mysore City Corporation

9. Labour Commissioner , government of karnataka and

10. all public servants belonging to tax dept , pollution control

board , etc mentioned in the above cases with web links.


on the
above mentioned charges. the whole issue of this news paper &


the related
materials at the weblinks provided, forms part of this


complaint.
If i am  repeatedly called to police station or else where

for the sake of investigations , the losses i do incurr as a result

like loss of wages , transportation , job , etc must be borne by the

government. prevoiusly the police / IB personnel repeatedly called me

the complainant (sufferer of injustices) to police station for

questioning , but never called the guilty culprits even once to police

station for questioning , as the culprits are high & mighty . this

type of one sided questioning must not be done by police or

investigating agencies . if anything untoward happens to me or to my

family members like loss of job , meeting with hit & run accidents ,

loss of lives , etc , the jurisdictional police together with above

mentioned accussed public servants will be responsible for it. Even if

criminal nexus levels fake charges ,  police file fake cases against

me or my dependents  to silence me , this complaint is & will be

effective.


if anything
untoward happens to me or my dependents , the government

of india
is liable to pay Rs. one crore as compensation to survivors

of my family. if my whole family is eliminated by the criminal nexus ,

then that compensation money must be donated to Indian Army Welfare

Fund. afterwards , the money must be recovered by GOI as land arrears

from the salary , pension , property , etc of guilty police

officials , public servants & Constitutional fuctionaries. thanking

you.

Jai Hind , Vande Mataram.


 


Date :
04.07.09                    
        your's sincerely,


Place : Mysore    
                     
    nagaraj.m.r.


 


 Edited, printed , published owned by
NAGARAJ.M.R. @ #LIG-2 / 761,HUDCO FIRST STAGE ,OPP WATER WORKS ,
LAXMIKANTANAGAR , HEBBAL ,MYSORE -  570017 INDIA
…       cell :09341820313

home page :
home
page : http://groups.yahoo.com/group/naghrw ,
http://groups.google.co.in/group/hrwepaper/ ,
http://sites.google.com/site/sosevoiceforjustice/ ,


http://evoiceofhumanrightswatch.wordpress.com/
, http://indiapolicelaw.blogspot.com/ ,  
https://naghrw.tripod.com/evoice/ ,
http://e-voiceofhumanrightswatch.blogspot.com
,

contact : naghrw@yahoo.com
 ,  nagarajhrw@hotmail.com


 


Posted by naghrw at 7:03 PM

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