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POLICE/CUSTODIAL DEATHS - 2016

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POLICE/CUSTODIAL DEATHS - 2016 January to April - 2016 Compiled By Fr. Paul G Documentation Centre * 1. Man alleges torture by police officer (1) KOCHI: A person from Kanjiramattom was on Sunday hospitalised after alleged torture by a grade sub-inspector at the Udayamperoor Police station. Official sources said the complainant, identified as M.A.Nasser, was allegedly manhandled by the officer when the former was riding pillion on his friend’s two wheeler . As per the complaint, the officer punched him on the left side of the chest, following which he was admitted to the Tripunithura Taluk hospital. The police, however, denied the allegations. (The Hindu 4/1/16) 2. Calcutta HC stays trial in Sattor woman torture case (1) KOLKATA: Calcutta high court, on Tuesday, stayed trial in the case of alleged torture of a woman from Sattor village in Parui, Birbhum, by the police and Trinamool Congress workers on January 17, 2015. Trial was scheduled to start in the court of the chief judicial magistrate of Birbhum at Suri on Wednesday. The woman's husband had, however, moved a revisional application in the high court seeking probe by an independent agency like the Central Bureau of Investigation (CBI). On Tuesday, Justice Tapas Mukherjee stayed the trial after the petitioner's counsel Phiroze Edulji submitted that the revisional application would become infructuous if trial is allowed to proceed. It has been alleged in the revisional application that the victim Hayatunninsh Bibi is the aunt-in-law of Sk Mithun alias Masum who was a Trinamool Congress worker before shifting allegiance to the BJP. According to the petitioner, the torture of his wife is connected to the murder of independent panchayat candidate Sagar Ghosh by suspected Trinamool workers. Sk Mithun's shift from the Trinamool to the BJP apparently enraged Sk Mustafa and Sk Asgar, accused in Ghosh's murder. The two allegedly influenced the police to frame Sk Mithun for a crime. "On January 17, 2015, when Hayatunninsh Bibi was at her maternal home in the Budbud police station area of Burdwan, Sk Mustafa, his son Sk Akbar and other Trinamool workers arrived with a large posse of policemen there and wanted to know of the whereabouts of Sk Mustafa. When she failed to come up with a satisfactory answer, they allegedly took her to a forested area, tied her to a tree and tortured her. They allegedly slashed the palm of the woman and rubbed stinging nestles (Bichuti pata) on her body, including private parts. Among the accused are Kartick Mohan Ghosh, then OC of Parui police station and two constables. All three were subsequently suspended. The investigation against the policemen is being carried out by police officers of the district itself. Such investigation can't be expected to be unbiased. Hence the prayer for an independent agency," Edulji submitted in court. (Times of India 5/1/16) 3. Police torture: Scribe to move rights panel (1) Kozhikode: Aneeb P A, the reporter of the Malayalam daily Thejas who was arrested for allegedly assaulting policeman during Kiss Street Protest, is planning to move Kerala State Human Rights Commission alleging that he was tortured by police while in custody. Aneeb has been admitted the General Hospital here after he was released on bail in Wednesday."I was beaten up by the police in jeep on the way to the police station. I was again assaulted after reaching station," Aneeb told TOI. Aneeb said he intervened when he saw the Hanuman Sena activists attacking Ajith M Pachanadan, Dalit writer and activist. "Ajith, who is differently-abled, was lifted and thrown to the ground. Police in mufti were standing as mute witnesses. They turned against me when I intervened," he said. Aneeb said he didn't know that men in civil dress were policemen. "They resembled the Hanuman Sena workers and were actually promoting the attack on the cultural activists," he said. Kiss Street Protest * This is a collection of previously published news and views from the print as well as the electronic media, whose reference marked at the end of each news items. Department of Documentation and Library (DDL) of the Indian Social Institute, New Delhi neither claims to the veracity of the facts in the news nor subscribes to the views expressed.
Transcript
Page 1: POLICE/CUSTODIAL DEATHS - 2016

POLICE/CUSTODIAL DEATHS - 2016 January to April - 2016

Compiled By Fr. Paul G Documentation Centre∗

1. Man alleges torture by police officer (1)

KOCHI: A person from Kanjiramattom was on Sunday hospitalised after alleged torture by a grade

sub-inspector at the Udayamperoor Police station. Official sources said the complainant, identified as

M.A.Nasser, was allegedly manhandled by the officer when the former was riding pillion on his

friend’s two wheeler . As per the complaint, the officer punched him on the left side of the chest,

following which he was admitted to the Tripunithura Taluk hospital. The police, however, denied the

allegations. (The Hindu 4/1/16)

2. Calcutta HC stays trial in Sattor woman torture case (1)

KOLKATA: Calcutta high court, on Tuesday, stayed trial in the case of alleged torture of a woman

from Sattor village in Parui, Birbhum, by the police and Trinamool Congress workers on January 17,

2015. Trial was scheduled to start in the court of the chief judicial magistrate of Birbhum at Suri on

Wednesday. The woman's husband had, however, moved a revisional application in the high court

seeking probe by an independent agency like the Central Bureau of Investigation (CBI). On Tuesday,

Justice Tapas Mukherjee stayed the trial after the petitioner's counsel Phiroze Edulji submitted that

the revisional application would become infructuous if trial is allowed to proceed. It has been alleged

in the revisional application that the victim Hayatunninsh Bibi is the aunt-in-law of Sk Mithun alias

Masum who was a Trinamool Congress worker before shifting allegiance to the BJP. According to the

petitioner, the torture of his wife is connected to the murder of independent panchayat candidate

Sagar Ghosh by suspected Trinamool workers. Sk Mithun's shift from the Trinamool to the BJP

apparently enraged Sk Mustafa and Sk Asgar, accused in Ghosh's murder. The two allegedly

influenced the police to frame Sk Mithun for a crime. "On January 17, 2015, when Hayatunninsh Bibi

was at her maternal home in the Budbud police station area of Burdwan, Sk Mustafa, his son Sk

Akbar and other Trinamool workers arrived with a large posse of policemen there and wanted to know

of the whereabouts of Sk Mustafa. When she failed to come up with a satisfactory answer, they

allegedly took her to a forested area, tied her to a tree and tortured her. They allegedly slashed the

palm of the woman and rubbed stinging nestles (Bichuti pata) on her body, including private parts.

Among the accused are Kartick Mohan Ghosh, then OC of Parui police station and two constables. All

three were subsequently suspended. The investigation against the policemen is being carried out by

police officers of the district itself. Such investigation can't be expected to be unbiased. Hence the

prayer for an independent agency," Edulji submitted in court. (Times of India 5/1/16)

3. Police torture: Scribe to move rights panel (1)

Kozhikode: Aneeb P A, the reporter of the Malayalam daily Thejas who was arrested for allegedly

assaulting policeman during Kiss Street Protest, is planning to move Kerala State Human Rights

Commission alleging that he was tortured by police while in custody. Aneeb has been admitted the

General Hospital here after he was released on bail in Wednesday."I was beaten up by the police in

jeep on the way to the police station. I was again assaulted after reaching station," Aneeb told TOI.

Aneeb said he intervened when he saw the Hanuman Sena activists attacking Ajith M Pachanadan,

Dalit writer and activist. "Ajith, who is differently-abled, was lifted and thrown to the ground. Police in

mufti were standing as mute witnesses. They turned against me when I intervened," he said. Aneeb

said he didn't know that men in civil dress were policemen. "They resembled the Hanuman Sena

workers and were actually promoting the attack on the cultural activists," he said. Kiss Street Protest

∗ This is a collection of previously published news and views from the print as well as the electronic media, whose

reference marked at the end of each news items. Department of Documentation and Library (DDL) of the Indian Social

Institute, New Delhi neither claims to the veracity of the facts in the news nor subscribes to the views expressed.

Page 2: POLICE/CUSTODIAL DEATHS - 2016

was organised by the Njattuvela Samaskarika Pravarthaka Sangham, a cultural outfit, on January 1

against the 'increasing intolerance in society and fascist violence.'Hanuman Sena, an extreme right

wing group, had declared that their activist will physically disrupt the programme. Police had arrested

32 Njattuvela and Hanuman Sena activists after clashes erupted at the venue. All except Aneeb were

released on bail on January 1 itself. (Times of India 7/1/16)

4. SC: Is AFSPA in Manipur eternal? (1)

NEW DELHI: The Supreme Court on Thursday asked the Manipur government how long the Army

should be deployed in the state and enjoy unaccountable power under the Armed Forces Special

Powers Act (AFSPA) and whether 35 years of the Army's presence had improved the law and order

situation. The court had appointed a high-level inquiry committee headed by an ex-judge of the SC to

inquire into allegations that the armed forces had carried out over 1,500 extra-judicial killings in the

last 30 years and police were refusing to file FIRs because of AFSPA. AFSPA was imposed in

Manipur on September 8, 1980 to tackle the lawlessness created by four main insurgent groups

through dacoity, ransom and killings. Petitions by an NGO 'Extra-judicial Execution Victims Families

Association of Manipur' and former director of Manipur Health Services Th Suresh Singh had sought

withdrawal of AFSPA. After getting the report and hearing the petitions, a bench of Justices Madan B

Lokur and U U Lalit told the state government, "AFSPA was supposed to be a temporary measure.

But it has been there for the last 35 years. Two generations have grown up under the presence of

Army. It was supposed to only aid the democratic government in tackling law and order situation

created by insurgent groups." Appearing for the Congress-led Ibobi Singh government in Manipur,

senior advocate V Giri told the court that AFSPA was still needed to maintain law and order as

insurgency continued to thrive in the state given its porous international border. When AFSPA was

imposed, there were four prominent insurgent groups, after 35 years, there were more than a dozen

prominent insurgent groups in Manipur, he added. The bench said, "AFSPA was imposed after

declaring the state a disturbed area. You mean to say that in 35 years of Army presence in the state,

the situation has not improved to remove the disturbed area tag from the state? Has nothing changed

on the law and order front for the last three decades?" Giri attempted to convince the court that

democracy had deep roots in the state, which saw very high percentage of voting in the last several

assembly elections. "The test is whether the general public is fed up with AFSPA? The answer is, it is

not so. Democracy is alive and kicking in the state. Should the elected representatives not take a

decision whether AFSPA should be withdrawn or not? People are not disgusted with Army presence

in the state. The Army is not in conflict with the people," Giri said. (Times of India 15/1/16)

5. Woman officer suspended for custody torture (1)

SAMBALPUR: The inspector in-charge of Hirakud police station, Sabitiri Bala, was suspended for her

complicity in the alleged torture of a minor in the police station. Superintendent of police (Sambalpur)

Akhilesvar Singh confirmed the suspension. Earlier, Singh suspended two constables, Jeet Narayana

Podh and Ambuja Sahu, and dismissed a home guard, Siba Gauda, for their involvement in the

incident. The incident, which took place on September 19, 2015, came to the fore after a TV channel

aired the visual of police torturing a minor on Wednesday evening. According to reports, the minor

allegedly had a dispute with a person and snatched his cellphone on September 19. Police was also

informed about the incident, subsequently. Police brought the minor to the police station and allegedly

tortured the 15-year-old boy, who hails from Hirakud. In the video footage, police personnel were

seen allegedly beating up the boy in the police station. The incident created uproar in the state and

led to demand of exemplary action against them. Subsequently, Singh ordered the sub-divisional

police officer, Burla, Abakash Routray, to conduct an inquiry and submit a report within 12 hours. And

based on the report, the SP suspended the two constables and dismissed the home guard. "The

report was sent to senior officials. And based on the report, the IIC was also suspended," said Singh.

A meeting of the child welfare committee (CWC) was also organised over the incident on Thursday.

"The Childline has also been directed to produce the victim before the CWC. The statement of the

minor will be recorded," said member of CWC (Sambalpur) Surya Panigrahi. (Times of India 15/1/16)

Page 3: POLICE/CUSTODIAL DEATHS - 2016

6. Dalit scholar’s suicide sparks protests (1)

The suicide of Rohith Vemula, a second year PhD student at University of Hyderabad (UoH), saw

protests by students of the Tata Institute of Social Sciences (TISS) on Monday. The incident comes in

the wake of the suspension of five Dalit PhD scholars of the Amnbedkar Students’ Association (ASA)

at UoH, including Vemula, in August 2015. The suspensions followed scuffle between Akhil Bharatiya

Vidyarthi Parishad (ABVP) and ASA. As soon as the news of the suicide reached TISS, students

gathered to condemn the incident on Sunday night. On Monday morning, they sat in protest, raised

slogans and banners against the UoH administration. “This is not a suicide; it is institutional murder,”

MPhil student Yashwant Zagade told The Hindu . “This is a new kind of atrocity and casteism against

Dalit, Bahujan and Adivasi students. These students are democratising university spaces, but

Brahminical hegemonistic forces cannot tolerate it. Caste is the only reason behind this incident.”

Students at TISS boycotted classes, fieldwork and other academic engagements for the day. In the

evening, around 300 of them marched from the campus gate to Ambedkar Garden in Chembur,

shouting slogans against what they termed as “Brahminical government and its structures”. They

condemned the role of BJP leaders and ABVP at UoH for their role in initiating the expulsion of the

Dalit Scholars, which allegedly led to the suicide. A Joint Action Committee of students’ groups at

TISS demanded that the SC/ST (Prevention of Atrocities) Act be invoked in the case, and students

who were detained by the police for protesting at UoH be released and the expulsion of the Dalit

scholars be revoked. Following Vemula’s suicide, the Hyderabad Police have registered a case of

abetment to suicide under the Atrocities Act. A statement issued by TISS students said: “The tragic

death is yet another reminder that the marginalised in this country will be hunted down and killed until

there is none left. The incident shocks, grieves and angers us. It brings to the fore the malicious and

casteist role played by the Hindutva brigade led by the ABVP and BJP MLC Ramchandra Rao, who

termed Dalits as ‘anti-national’, as well as the complicity of UoH administration through their inept

handling of the situation.” Nilesh Kumar, a PhD scholar at TISS, said, “This suicide is a consciously

done act. It was chosen as a form of protest. From my observations of cases of marginalised

students, suicide is always the last means of protest. It is not an act of weakness or failure. It is the

strongest form of protest. The only difference in this case is that external elements [reference to BJP’s

Union minister of state Bandaru Dattatreya] were involved, whereas usually issues crop up between

students and university administration.” He voiced concerns over the shrinking of space for

democratic dissent. Though Vemula’s suicide invoked swift reactions from the student community,

many said the incident was one among a series of suicides among Dalit and Advasi students, and a

sign of a larger malaise in higher education. (The Hindu 19/1/16)

7. Father of Dalit teen who killed self after custodial torture awaits justice (1)

Meerut: At a time when Rohit Vemula's suicide has rocked the entire nation, a beleaguered Dalit

father at Meerut continues his routine of sitting in protest against the inaction of administration. It's his

570th day on strike in the premises of the collectorate. Ashok Kumar, 52, demands justice on behalf

of his 15 year old son who was allegedly picked up by police from his school on charges of theft of Rs

4,000. The boy was allegedly tortured in the police station. When they could not extract anything from

him, the policemen threatened his father with dire consequences if he did not come back with the

money within 15 minutes. On reaching home, while his father was trying to arrange for money, the

teen felt so humiliated by the entire episode that he poured kerosene over himself and set himself on

fire. For nine days he suffered in the hospital before succumbing to his burns. Police filed an FIR

against two unknown constables and two car-borne persons. Ten months have passed ever since.

The father continues to sit at the collectorate and keeps meeting officials but the only response he

gets is that investigations are going on. Kumar is a beedi vendor and his son used to assist him after

school hours. On June 30, 2014, two car-borne youths purchased cigarettes from Kumar and left after

smoking them. Kumar alleges that the next day police picked up his son and took him to Kankerkhera

police station where the two youths were present. "They had made a false allegation that my son had

stolen a purse from them the previous day when they had come to us for cigarettes. Two constables,

Page 4: POLICE/CUSTODIAL DEATHS - 2016

Ratan Singh and Pushpender Kumar, took him inside a room where he was beaten up and was

showered with verbal abuses. Once they were convinced that he did not have the money, they

threatened me with dire consequences if I did not bring the money within 15 minutes. Soon after, we

left for home. I was busy arranging for money while in the other room, my son poured kerosene and

set himself on," the father said. Kumar further stated that even during his stay in the hospital police

did not come to register his statement. They filed an FIR which was too weak. The two constables

were not named in the FIR but were shown as unknown policemen. "Till date police has not been able

to trace the two youths. My repeated requests to the SSP only resulted in two things - a magisterial

enquiry was set up and the case was transferred to crime branch," Kumar added. Meanwhile, Ratan

Singh has been transferred to the same department which is conducting the enquiry into the matter -

crime branch. When TOI contacted SP (crime) Tej Swarup Singh, he said, "The case is a bit old and I

am not aware of the details as I recently joined the current office. I will certainly look into the matter."

Meanwhile, Kumar is determined to get justice. "I am resolved to get justice, no matter how long it

takes. My son is a victim of the system and I am fighting against the system." (Times of India 22/1/16)

8. Eight tribal women allege gang-rape by security forces in Bijapur (1)

RAIPUR: Eight tribal women from restive Bijapur district of south Chhattisgarh have accused the

security forces of “repeated gang-rape and physical torture” between January 11 to 14 and four others

have alleged that they were “molested” and their property was “plundered” by the security men. The

women belong to Nedra village and surrounding Para (surrounding small village localities) under

Basaguda police station limits of Bijapur. According to advocate Isha Khandelwal, the lawyer of the

victims, eight women have testified to the police that they were gang-raped by security men. “There

are many women in the village who have been raped by the security forces, out of which 12 came and

gave a statement to the police. Out of 12, eight have said that they have been gang-raped. Some of

them have even named the policemen who raped them. The incident took place between January 11

and 14,” Ms.Khandelwal told The Hindu. “The women came to Bijapur district headquarters on

January 18 but the police did not register their complaint. The FIR was lodged only last night (on

Thursday night) after avoiding it for four days,” she added. According to some local sources, the

police were forced to file an FIR in the case after tribal activist and Aam Adami Party (AAP) leader

Soni Sori addressed a press conference with all the victims on Thursday. “All the victim women told a

press conference that they were gang-raped by the security men. Most of these women are married

and have kids. Each of them has claimed that they were raped by more than three to four security

men,” Soni Sori told this reporter. When asked about the allegations levelled by the tribal women

against his men, Bijapur district Superintendent of Police (SP) Mr.K.L.Dhruw admitted that the police

force was present in Nedra area between January 11 and 14. “Some NGOs have raised this issue.

But I have not seen the entire matter as I was away from the district headquarters and returned a day

ago. But I ordered that an FIR is registered in the case immediately and it has been filed. We will go

to this village and inquire into the women’s complaints,” said the SP. (The Hindu 22/1/16)

9. NHRC seeks report on custodial deaths of two convicts, both senior citizens (1)

MEERUT: National Human Rights Commission (NHRC) has asked district authorities to submit a

report on the custodial deaths of two convicts, one aged 68 years and the other 74. District authorities

have been given a month to complete inquiries and submit the report. In a letter issued to the district

magistrates of Meerut and Saharanpur where these two custodial deaths occurred in November and

July, NHRC deputy SP Umed Singh said the matter could not be placed before the panel due to non-

receipt of reports of the incidents. He asked the DMs to send the inquest report (ordinarily prepared

after the first examination of the body), post-mortem report along with the final opinion on cause of

death, video-recording of the post-mortem, complete medical treatment record, health screening

report at the time of admission in the jail and magisterial inquiry report.An inquiry by a judicial

magistrate is mandatory in only those cases of custodial death where there is reasonable suspicion of

foul play or well-founded allegation of commission of an offence. The commission also said, "In case

no response is received from your office, the commission may issue summons under section 13(1)(a)

Page 5: POLICE/CUSTODIAL DEATHS - 2016

of the Protection of Human Rights Act to produce the requisite records in person." According to

Meerut's senior jail superintendent SHM Rizvi, the 74-year-old convict had been suffering from

septicemia and asthma when he was taken to the district hospital first and then admitted to a medical

college. "He was facing life imprisonment in a murder case and was lodged here since February

2013. He was a patient of asthma ever since. We started his treatment on May 12, 2015, after he was

diagnosed suffering from septicemia too. On October 10, he was admitted to the medical college

where he passed away on November 4," Rizvi added. When contacted, the Saharanpur jail

superintendent refused to comment, saying that he did not have records of the convict with him.

(Times of India 23/1/16)

10. BJP cold to PDP feelers on Afspa, will wait for Mehbooba’s Sunday meet (1)

New Delhi: The BJP seems unwilling to expand the ambit of the agenda of alliance with the

Mehbooba Mufti-led PDP in Jammu and Kashmir and will not cede any more ground than what was

agreed upon before forming a government under Mufti Mohammad Sayeed, whose death this month

led to a political uncertainty in the state. The Mehbooba Mufti-led Peoples Democratic Party had

sounded out to the BJP that it wants the Centre to agree to lift the controversial Afspa from at least

two districts of the state and deliver its commitment to vacate buildings occupied by security forces

before she takes oath as the chief minister. The state was placed under governor’s rule earlier this

month after the PDP put off Mehbooba’s swearing-in after her father Sayeed’s death to nudge its

alliance partner to give her party a better deal. “There are issues (such as Armed Forces Special

Powers Act) on which we have historically held different views. After a detailed discussion, we

reached a common ground in the agenda of alliance. Now, it would be difficult to broaden the scope

of the alliance... Like her, we also have certain constituencies to address,” a BJP leader in New Delhi

told HT. He went on to point that the Bharatiya Janata Party was ready to give her sufficient time to

make up her mind on forming a government. “We are not putting any pressure on her but we won’t

buckle under pressure either,” he said. Another party leader said he expected the fresh concessions

being sought by the PDP to be a starting point for any negotiations – rather than the ending – that

might take place at a later date. So far, there have been no formal talks between the two sides. BJP

leaders indicate that they would have a clearer idea of the situation when Mehbooba meets her

party’s leaders on January 31 and could hear from her side soon after. A meeting between Mehbooba

and BJP chief Amit Shah is also expected once there is a broad agreement on the terms of forming

the government. The BJP does not expect Mehbooba to pull out of the alliance that was stitched

together by her father in the immediate future. But there is some recognition that the PDP chief – who

does not want to leave a political vacuum that separatist groups such as the Hurriyat occupy – may

not be as flexible as her father…….. (Hindustan Times 27/1/16)

11. At last, justice for custodial death victim’s family (1)

Mumbai: On October 26, 2013, 20-year-old Aniket Khicchi went for a movie with his friends. He never

returned home, and died the next day in police custody. On Saturday, the four constables responsible

for his death were sentenced to seven years imprisonment, the first convictionin the State for a

custodial deathJudge Shridhar Bhosale at the City Civil Court and Sessions Court on Saturday

convicted four police constables charged with the murder of 20-year-old Aniket Khicchi, the son of

vegetable vendor parents, to seven years of rigorous imprisonment and a fine of Rs 10,000 each.On

October 26, 2013, Aniket Khicchi, was out with his friends to watch a movie when the Vanrai police

picked him up and charged him with robbery for allegedly stealing a laptop from Goregaon Sports

Complex. A day later, Aniket died, allegedly after being assaulted by police constables. His post

mortem report showed head injuries and congestion in the lungs. The Bombay High Court had

recently observed that as per the National Crime Records Bureau (NCRB), Maharashtra recorded 354

custodial deaths from 1999 to 2014, the highest in the country. Of these, 106 were police custody

deaths, while the rest (248) happened in judicial custody (jail). Shockingly, in 15 years, only 13 First

Information Reports (FIRs) were filed. Only five policemen were charge-sheeted, and there were zero

Page 6: POLICE/CUSTODIAL DEATHS - 2016

convictions. Chetan Mali, who appeared for Aniket’s father Sudhir, said, “The trial went on for less

than 18 months and it’s the first time there has been a conviction in a custodial death case in

Maharashtra.” Judge Bhosale convicted police constables Chandrakant Rajaram Kamble, Umesh

Gulabrao Gosavi, Sandeep Shankarrao Salunkhe and Kiran Dattatray Pingale. They were charged

with murder and criminal conspiracy, but have now been convicted for Section 304 part II (culpable

homicide not amounting to murder), Section 323 (punishment for voluntarily causing hurt), Section

330 (voluntarily causing hurt to extort confession, or to compel restoration of property) of the Indian

Penal Code. The accused will undergo seven years of rigorous imprisonment and pay a fine of Rs

10,000 each, confirmed Special Public Prosecutor (SPP) Rati Ambolia and her assistant Yasin

Katpatia. The court has also directed the accused to pay Rs 50,000 to Aniket’s parents as

compensation for their son’s death, under Section 357 of Criminal Procedure Code…. (The Hindu

1/2/16)

12. Delhi L-G summons JCP investigating police 'atrocities' on students, Bassi defends his

men

New Delhi: A day after the Delhi Police thrashing protesting students went viral, Delhi L-G Najib Jung

on Tuesday summoned the Joint Commissioner of Police (Central) SK Gautam, who is heading the

probe into the alleged assault on protesting students. Earlier on Tuesday, a video showing Delhi

Policemen brutally thrashing students of Jawaharlal Nehru University went viral on social media. The

students were protesting outside the RSS headquarter against the Hyderabad University scholar

Rohith Vemula's suicide outside. On Tuesday, Delhi Police had to impose Section 144 around its

headquarter after the protest by Jawaharlal Nehru Students Union and some other groups turned

violent. Meanwhile, Delhi Police chief BS Bassi has assured that strict action should be taken against

the guilty officers and appealed the protesting students to maintain law and order."One has the right

to hold peaceful protest, but it has to take care that the law and order is not disturbed. There is a

ruling by SC that anyone wanting to hold a protest in Delhi must get necessary permission from

concerned DCP," said Bassi. The recent incident about police atrocities on students has once again

brought the AAP-led state government and Delhi Police face to face. Delhi CM Arvind Kejriwal

attacked RSS and BJP for using Delhi Police as their private Army. "Delhi Police being used by

BJP/RSS as their private army to terrorise and teach lesson to anyone opposing BJP/RSS. I strongly

condemn attack on students," tweeted Kejriwal. (Zee News 2/2/16)

13. Rights panel for probe into 'torture' of youth (1)

Patna: Bihar Human Rights Commission (BHRC) on Wednesday directed the crime investigation

department (CID), Vaishali DM Rachna Patil and SP Rakesh Kumar to inquire into the case of a

Hajipur youth, Manish Singh (23), whose mother alleged that her son was physically tortured in police

custody leading to fracture in his right leg. Manish is lodged in the district jail. The BHRC has also

directed the CID to form a special team and investigate into the complaint lodged by Manish's mother

Chinta Devi (55) who also alleged that her son was illegally kept in custody by Vaishali police from

November 27 to December 1 last year. "In view of the serious nature of allegations against several

police officers, including Vaishali SP office reader (confidential) Ravi Kumar, the commission has

asked ADG (CID) to form a special team and investigate into the matter," BHRC member Neelmani

said on Wednesday. He also said the CID has been directed to submit its report within a month.

Manish's mother had alleged that her son, along with his friend Sooraj Singh (23), was picked up by

the then Town police station SHO Shankar Kumar Jha on November 27 and was illegally kept in

custody for several days during which both were brutally tortured. She said that both were sent to jail

on December 2 by falsely implicating them under the Narcotics and Arms Act soon after their family

members moved the CJM court in Vaishali on November 30. She also alleged that the then Industrial

police station SHO, Gaya Ram Mandal, was also involved in the case as the duo was shifted to

Industrial police station after being picked up by the police on November 27. "District jail

administration referred Manish to Hajipur sadar hospital for treatment," said jail medical officer Dr

Page 7: POLICE/CUSTODIAL DEATHS - 2016

Rajkamal on Tuesday and added that the prisoner has inflammation on his right leg since he arrived

in jail. (Times of India 3/2/16)

14. `Gujarat police can't do justice in encounter cases' (1)

AHMEDABAD: Senior Supreme Court advocate Prashant Bhushan, representing lyricist Javed Akhtar

and journalist late BG Verghese, reacted sharply to the clean chit given by inquiry officers of the

Special Task Force (STF) to police officers allegedly involved in 13 of the 16 police encounters and

one custodial death that took place between 2002 and 2006. Though the legal monitoring committee

of the STF and chairman retired Justice H S Bedi are yet to review the clean chit given to STF's

inquiry officers, Bhushan alleged that the inquiry team had actually not carried out any investigation.

"The STF's inquiry officers are from Gujarat police and hence cannot do justice to the kin of people

killed in police encounters. They are not even ready to consider the points raised by members of the

legal monitoring committee.What can one expect from them?"asked Bhushan. The Supreme Court

lawyer was in Gandhinagar on Saturday and was present for the periodic meeting of the STF , along

with former IPS officer Rahul Sharma who is now a lawyer, and advocates IH Syed and Somnath

Vatsa. Lawyer Anand Yagnik, who is representing many of the victims, was also present.Bhushan

represents Akhtar and Verghese who had filed two PILs in 2007 seeking an independent inquiry into

17 police encounters that had taken place in Gujarat between 2002 and 2006. The Supreme Court

had then directed the Gujarat government to set up an STF to inquire into these encounters. Sources

in the STF said that on Saturday, four investigation reports came up for scrutiny during the meeting,

including the cases of Qasam Jafar's custodial death and the encounter killings of Ganesh Khunte

and Mahendra Jadav in Ahmedabad; the death in police encounters of Bhima Manda Mer in

Junagadh and Joginder Singh Labana in Valsad."We are not entitled to probe Ganesh Khunte and

Mahendra Jadav encounters as the court verdict in these cases has already come. In the other three

cases, the inquiry officers have already given a clean chit to the police officers involved. The cases

have now been referred for legal scrutiny ," said a senior police official who is part of the STF

.Sources in the STF said that in the earlier meetings, inquiry reports of nine cases were submitted and

were being scrutinized by the legal committee. The inquiry officers had submitted that the encounters

were genuine. "In the next meeting that is scheduled for April 2, the investigation reports of the

remaining four cases will be submitted by the IOs. These are the cases of Samir Khan of Ahmedabad;

Haji Haji Ismail of Valsad; Sanjay Prasad of Umargam; and Subash Nair of Vyara," said an STF

official. (Times of India 14/2/16)

15. RJD suspends MLA accused of rape (1)

Patna: Bihar’s ruling Rashtriya Janata Dal on Sunday suspended party legislator Rajballabh Yadav

who has been accused of raping a minor girl. The MLA has been absconding after an arrest warrant

was issued against him on Saturday. Chief Minister Nitish Kumar, addressing leaders of his party’s

State executive, said “action would be taken against whoever takes the law into his own hands.”Ram

Chandra Purve, RJD State president, told The Hindu that the party had taken the rape charge against

its MLA Rajballabh Yadav very seriously. “In my capacity as the State party chief, I have suspended

him from the party.” Deputy Chief Minister Tejaswi Yadav said the guilty would not be spared. On

Sunday, a joint team of the Nalanda and Nawada police conducted raids at several places to arrest

the absconding MLA. The team faced opposition from the MLA’s supporters at his residence in

Nawada. A tenth standard student belonging to Nalanda district had charged that the 54-year-old

MLA from Nawada raped her on February 6 at his residence and warned her against revealing this to

anyone. The girl was taken to the MLA’s residence by a woman Sulekha Devi, who lived in her

neighbourhood, on the pretext of attending a birthday party. The police arrested the woman, who the

police said ran a sex racket. Names of several “important people” were found in her diary. An FIR was

lodged against the MLA on February 9 and the central range Deputy Inspector General of Police

(DIG) Shalin issued an arrest warrant after he found the allegations to be true. “Intensive raids are

being carried out to nab the MLA and he will be arrested soon,” said the police official. The MLA was

accused of raping a student in a Nawada hotel earlier in 1994 too, but he was not convicted in the

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case. The three-time MLA was a Minister in the previous Rabri Devi government. A few days back,

the RJD’s coalition partner JD(U) too had suspended its party MLA from Jokihat Sarfaraz Alam for

allegedly misbehaving with a women passenger on the Rajdhani Express. Besides, two BJP leaders

and one of the LJP were gunned down in different parts of the State in the last ten days. (The Hindu

15/2/16)

16. Madhya Pradesh HC notices to State, cops in custodial death case (1)

Indore: Indore bench of Madhya Pradesh high court on Monday issued notices to state's home

department, director general of police, inspector general of police, Indore and others in a custodial

death of a youth in city's MIG police station.After hearing arguments, Justice S R Wagmare issued

notices to authorities and asked them to produce their replies within two weeks. On December 19 last

year, Pankaj Vaishnav, 24, was found hanging in the toilet of the police station. A judicial enquiry was

set-up to look into the matter. In the enquiry conducted by additional chief judicial magistrate Jitendra

Singh Kushwaha, it was observed that the police had tampered with the daily register in the police

station with an attempt to create an impression that it was a suicide. ACJM also found discrepancies

in the statements of police and the video recording done by the police. After the report came to light,

Vaishanv's mother, Phool Kumari, moved high court with a plea for investigation. Advocate Ajay

Kumar Mimrot, the counsel for the petitioner said, "It has been observed in the judicial enquiry report

that Vaishnav's death was termed as suicide by MIG police by tampering with police station diaries."

Mimrot also claimed that Vaishanv was thrashed by the police, who had also hit him on his private

parts, which led to his death. (Times of India 16/2/16)

17. BJP to lift AFSPA to end J&K stalemate? (1)

SRINAGAR: BJP general secretary Ram Madhav met PDP president Mehbooba Mufti at her

residence here on Wednesday and, according to sources, conveyed to her the Centre's willingness to

lift the contentious Armed Forces Special Powers Act (AFSPA) on a trial basis from Jammu &

Kashmir. Madhav also spoke of handing over two power projects to the state to end the 40-day

deadlock over government formation. Following former CM Mufti Mohammad Sayeed's death last

month, his daughter Mehbooba has delayed government formation with BJP, seeking specific

concessions from the Centre "to rebuild confidence in her party cadre".The phased revocation of

AFSPA and the handing over of the power projects -Dulhasti in Kishtwar and Uri in Baramulla - were

part of the agenda for alliance or the common minimum programme agreed on by PDP and BJP last

February. However, Madhav and Mehbooba declined to share the details of the meeting with the

media. Mehbooba, sources said, had asked the Centre for the revoca tion of AFSPA from areas

where militancy had declined over the past decade. Sources said that the Centre might agree to lift

AFSPA from Srinagar and Kathua district in the first phase on a trial basis. This was conveyed to

Mehbooba by Madhav during their meeting, BJP sources said. Since BJP has agreed to fulfil the

conditions put forth by the PDP chief, a formal announcement of government formation will be made

soon, BJP sources added. "The stage is set for a new PDP-BJP government in the state," a BJP

official said.J&K has been under governor's rule ever since the Mufti Sayeed died on January 7 this

year. Sources said the BJP leadership has met thrice in recent weeks to try and resolve issues

bedevilling the rebuilding of their coaltion with PDP. At the same time, it has said it won't edit or

redraft the agenda of alliance. Mehbooba had earlier pitched for the J&K specific measures like state

control over the power corporations and asked BJP to come clear over the implementation of the

agenda of alliance. (Times of India 18/2/16)

18. Army opposes revocation of AFSPA in Kashmir (1)

Army today opposed any move to revoke controversial Armed Forces Special Powers Act (AFSPA)

and Disturbed Areas Act (DAA) in Jammu and Kashmir, saying the gains achieved by forces in

"bringing down levels of insurgency and infiltration can reverse rapidly if these are removed." "We

should continue with AFSPA and DAA. They should be continue to be applied (in J&K)," General

Officer Commanding- in-Chief (GOC-in-C), Western Command, Lt Gen K J Singh, told reporters here

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after conclusion of an Investiture ceremony of Western Command. He was replying to a question

about the demand fore revocation of AFSPA by some political parties in Jammu and Kashmir. "In

present scenario, we must understand there is something called the Disturbed Areas Act. An area

which is disturbed, it is promulgated and automatically AFSPA applies over there," he said. The Army

Commander said his perception was "there is a kind of defining stage-- there is now reduced

infiltration. We have brought down the level of insurgency so we should continue this (AFSPA) to

keep control of the area because there is a habit of rapidly going that to same old bad phase, so

AFSPA should continue. (Kashmir Times 20/2/16)

19. 1/3rd of human rights cases related to police, jail: BHRC (1)

Patna: Almost one-third of the 6,542 complaints made to the Bihar Human Rights Commission

(BHRC) in 2015 were related to police, armed forces or jail. This despite the fact that a number of

sensitivity workshops were held for the men in uniform as well as award of compensation of several

lakhs to victims. "Maybe, people are more aware and lodging more complaints. It should be found out

why the number of police-related cases is the highest," BHRC chairman Bilal Nazki said at a press

meet on Monday. While 2,041 cases of rights violation allegedly by police or armed forces surfaced in

2015, 208 cases were related to jail.However, the ambit of human rights is very wide, and 869 cases

related to service matters, 753 related to underworld/mafias, 292 related to women and 100 and odd

related to health and education were also received by the commission last year. "What is still lacking

among people is the awareness that they have certain rights and its possible violations. With our

limited infrastructure, we require the media's help to spread rights literacy in distant areas," Nazki

said. The commission disposed of at least 7,658 cases in 2015, though over 10,000 cases registered

with it since its inception in 2008 are still pending. Compensations worth over Rs 1.71 crore were

recommended by the BHRC in the financial year 2014-15. "People need to know cheats are using the

identity of BHRC and taking money to get cases disposed of. The commission has only one office in

Patna and money is not required for the hearing of any caseAnyone doing so is a fraud," BHRC

member Neelmani said. Nazki said cooperation from the state government has made the BHRC

function as one of the best state human rights commissions in the country. The commission will also

felicitate officers, rights and social activists as well as journalists who help it on the World Human

Rights Day on December 10, he said. Several sensitisation and awareness workshops were also

organised by the commission in districts and nodal officers deputed in every district. BHRC member

Justice Mandhata Singh, secretary Sanjeev Kumar Sinha and other senior officials of the commission

were also present on the occasion. (Times of India 22/2/16)

20. 5 accused JNU students won't surrender; 'prove innocence,' says Delhi top cop Bassi (1)

NEW DELHI: Under severe attack for handling of the JNU row, police was on Monday cautious in

dealing with five students accused of sedition, a day after they resurfaced at the campus even as the

varsity authorities were undecided on asking them to surrender before the law enforcing agency. On

their part, the students said they will not surrender as charges against them were false while Delhi

Police commissioner BS Bassi asked them to join investigations and prove their innocence. A meeting

of the top JNU officials, chaired by vice-chancellor Jagdesh Kumar, deliberated on return of the five

students to the campus after being in hiding for 10 days but could not take a decision whether police

should be allowed to enter the campus to arrest them or the students should be asked to surrender.

The five students, Umar Khalid, Anirban Bhattacharya, JNUSU general secretary Rama Naga,

Ashutosh Kumar and Anant Prakash had gone missing from the campus since February 12 after JNU

students union president Kanhaiya Kumar was arrested on sedition charges for allegedly raising anti-

India slogans in a controversial event at the campus. The vice-chancellor also met a delegation of

over 300 teachers from the varsity, who raised four demands including removal of the officiating

Registrar Bhupinder Zutshi, for allegedly mishandling the issue. While the students did not meet the

vice-chancellor, JNUSU submitted a memorandum to him, appealing to him to raise the matter with

police and "get" the sedition charges dropped against them. "The police has not issued any summons

to us. We were in hiding because of the fear of being mob-lynched considering the way Kanhaiya was

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attacked in court," Naga said. Earlier, Bassi met lieutenant governor Najeeb Jung and briefed him

about the JNU row. "I would say if the police are looking for them then they should join the police

investigation. And if they are innocent, they should present evidence of their innocence," Bassi said.

Police teams were rushed to campus on Sunday night following information that the five students

were spotted at the varsity premises. However the cops kept waiting outside the main gate for the

vice-chancellor to give a go ahead for their entry into the campus. Naga said it was already clear that

the video based on which sedition charges were made against Kanhaiya and five others were fake

and that they were never involved in anti-India activities. "Why our name has been included in the

FIR? Because we have been fighting against the government's policies. The message is clear that if

we raise our voice against then, we will be branded anti-national," he said. (Times of India 22/2/16)

21. Custodial death: four police officers move court to drop murder charges (1)

Mumbai: The four police officers charged with murder in the custodial death case of a 20-year-old

software engineer, Khwaja Yunus, in 2003, on Monday moved the High Court seeking modifications

in the charges levied against them. Yunus was picked up from Parbhani in Marathwada in December

2002 in connection with the Ghatkopar blast. The police claimed he had escaped after the vehicle in

which he was being taken met with an accident near Aurangabad in January 2003. Assistant police

inspector Sachin Vaze and three policemen, Rajendra Tiwari, Rajaram Nikam and Sunil Desai, have

been named as accused in the case. They were charged with conspiracy, destruction of evidence and

murder. On Monday, the four moved an application, stating that the charge of murder cannot be

invoked in the case as the prosecution had failed to prove it. They said in their application: “There is

no death established in the case, hence, no question of motive and/or any other points which

constitute the charge of murder under section 302 of the Indian Penal Code in the said matter. Thus,

prima facie, no case of murder has been established by the prosecution. Hence, in the absence of the

very basics of the mandates of law, this framing of charges is misleading.” The officers also stated

that the prosecution had not named them as the assailants who allegedly assaulted Yunus. They

further alleged that the officers who were named as assailants had not been tried yet, as the State

government has not yet given a sanction for their prosecution. The matter is slated for hearing on

March 18. (The Hindu 23/2/16)

22. Eminent citizens oppose HC order on AFSPA (1)

New Delhi: Around 60 distinguished individuals from various walks of life have issued a statement

protesting against a recent order of the Meghalaya High Court, directing the Central government to

“consider the use of Armed Forces (Special Powers) Act, 1958, in the Garo Hills area.” The statement

signed by social activist Aruna Roy, Prashant Bhushan, Nikhil Dey, Teesta Setalvad among others

said: “The said direction issued by the High Court of Meghalaya is in complete violation of the

Constitutional arrangement of separation of powers. The power to notify an area as disturbed and

extend application of the AFSPA lies exclusively with the executive, that is, the State or the Central

government…In fact, the point of view of the Court that the prevailing circumstances in Garo Hills

warrants imposition of the AFSPA is merely based on the lay impressions of the Bench — a view

which is uninformed, extraneous and has no basis in law and betrays lack of application of mind. The

methodology and logic employed by the court in arriving at these conclusions is alien to established

contours of legal reasoning and judicial rigor.” According to the eminent citizens, “The instant order

severely damages the credibility of the High Court of Meghalaya as an independent arbiter of citizen’s

democratic rights…In addition to misunderstanding its role in a democracy, we are also concerned

that the High Court has chosen to advocate imposition of the AFSPA — a law whose democratic

credentials are in serious doubt. The AFSPA is widely considered to be a legislative measure unique

in its absolute disregard of the rights of the residents against unlawful exercise of coercive power. The

law exposes people to wanton and reckless use of force by security forces as it grants them absolute

power and authority to use force. Over the years, a consensus has emerged on the AFSPA being a

security measure of colonial origin in that it is a distinctively regressive tool which sets up a military

ecosystem where security forces act with impunity and whip up an environment of fear and terror in

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the hearts and minds of people living in these places. The use of the AFSPA as a substitute for

routine policing and maintaining law and order is a dangerous development. It is one that a High

Court should not condone, and certainly not perpetuate.” They said: “In a conflict-ridden region, it

takes many years of work to position the judiciary as an independent institution which is committed to

enforcing Constitutional discipline on the State and protects people’s right to redress. Through this

order, the Chief Justice of the High Court of Meghalaya, along with two accompanying justices, has

sought to unilaterally subject Garo Hills to a law that will have devastating consequences to the life

and liberty of persons living there. This blatant and unilateral order does not serve the democratic

fibre of the region, rather it appears to be bringing in questions on the court’s commitment to the

Constitutional ethos of the Indian republic (The Hindu 27/2/16)

23. Two policemen suspended after Telangana gangrape case (1)

Hyderabad, March 1 : The Telangana government on Tuesday suspended two policemen for

dereliction of duty in a case relating to gangrape of a Dalit girl. Taking serious note of the reports that

the policemen failed to act despite being alerted by the victim's friend, the government suspended a

sub-inspector and a head constable. Kiran, sub-inspector of Veenavanka police station in Karimnagar

district, and head constable Parshuram have been suspended. Earlier in the day, Home Minister N.

Narasimha Reddy said strong action would be taken against those found guilty. He said investigation

in the case would be speeded up. Police have already taken into custody three accused including two

juveniles for the rape of the 20-year-old Dalit girl, who was attending pre-recruitment coaching classes

being offered by the police department. G. Srinivas (22) and a juvenile raped the girl while another

juvenile filmed the act on his mobile phone. All the accused are the victim's batchmates. Preliminary

investigations revealed that Srinivas was taking the victim and another girl on his bike from Challuru

village to Shankarapatnam on the pretext of securing study material. The victim's friend jumped off the

bike after noticing that Srinivas had diverted the vehicle to another route. She later called the sub-

inspector from mobile phone of her father but the officer told her that he is busy making security

arrangements. The incident had occurred on February 10 but came to light last week after the victim

complained to her parents. The relatives of the victims thrashed the accused, who had to be admitted

to a hospital. The accused have been booked under Nirbhaya Act, the SC/ST (Prevention of

Atrocities) Act and the Information Technology Act. (New Kerala 1/3/16)

24. Ishrat Jahan case: SC to hear plea to quash case against Gujarat police (1)

NEW DELHI: In view of the statement made by 26/11 conspirator David Coleman Headley on Ishrat

Jahan, the Supreme Court on Tuesday agreed to hear a plea seeking to quash the criminal case

against the Gujarat policemen who were involved in the case. In his deposition last month, Headley

had claimed that Mumbra resident Ishrat Jahan was a suicide bomber for Pakistan-based terror outfit

LeT. "The operation was about shooting the police at some naka. One woman LeT named Ishrat

Jahan was involved. Muzammil Bhatt was the head of our group before Sajid Mir," he told the court

via video conferencing. In June 2004, Ishrat Jahan, Javed Sheikh, Zeeshan Johar and Amjad Ali

Rana were shot dead by the Gujarat police on the outskirts of Ahmedabad. The police had alleged

that Ishrat and her associates were LeT operatives involved in a plot to assassinate the Narendra

Modi who was the chief minister of Gujarat. After a long investigation, in 2009, an Ahmedabad

Metropolitan court ruled that the encounter was staged. Earlier, former home secretary GK Pillai said

it was a matter of investigation whether Ishrat Jahan was a terrorist or not, but added that her name

was mentioned in the martyr's list of LeT. Speaking exclusively to ANI, Pillai said it was a matter of

investigation whether Ishrat was involved or an unwitting player. "There was no direct evidence,

except that LeT did put her name on the website and later on withdrew it, so I said maybe she was

unwitting player." However, taking responsibility for the second affidavit, former finance minister P.

Chidambaram said that it was disappointing that Pillai is distancing himself from it. "Which part of the

second affidavit is wrong? I accept the responsibility for this affidavit. It is disappointing that the home

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secretary, who is equally responsible, wants to distance himself from that," Chidambaram told the

media here. (Times of India 1/3/16)

25. Police trying to implicate us in Soni Sori attack: relatives (1)

RAIPUR: Tribal activist and the Aam Aadmi Party (AAP) leader Soni Sori’s relatives have alleged that

they were being “harassed and intimidated” by Bastar police in the name of investigation. Soni Sori’s

nephew Lingaram Kodopi went on to allege that the police were also trying to “implicate” her relatives

in the case. “We fear that the police might implicate me or Soni Sori’s cousin Ajay Markam in the case

of an attack on her. Since the formation of the Special Investigation Team (SIT), I have been asked to

come to the police station thrice. Every time they ask us the same questions and we are being given

disrespectful treatment,” Mr. Kodopi told The Hindu . “Ajay Markam was also called to the police

station for enquiry. Ajay Markam was told that he, along with me and Sanjay Pant, were involved in

the attack on Soni Sori,” he claimed. This was not the first time Mr. Kodopi, the only Tribal journalist in

Bastar, was being targeted by the authorities. A few years ago, Mr. Kodopi was implicated along with

Soni Sori in an alleged case of a corporate house pay off to the Maoists. According to him, he was

inhumanly tortured in the custody and a petrochemical liquid was put in his rectum for which he is still

undergoing treatment. Despite bad health, Mr. Kodopi has been the main support for Soni Sori, who

has emerged the face of Tribal protest in Bastar in the past few years. The nephew of Soni Sori also

accused the police of “pressurising” AAP leader Arvind Gupta to take back the police complaint which

he filed against unknown persons after the attack on Soni Sori on February 19. Bastar range

Inspector General of police SRP Kalluri was unavailable for comments. (The Hindu 3/3/16)

26. CBI judge withdraws from Ishrat encounter trial (1)

Ahmedabad: Following the controversy that arose after David Headley's allegations about Ishrat

Jahan's status as a terrorist, special CBI judge D P Gohil recused himself from the trial against seven

policemen in the 2004 fake encounter case, and returned the case papers to the principal sessions

judge. The judge, however, has withdrawn himself on the ground that one of the defence lawyers is

his relative, sources said. The principal sessions judge may now assign the case to another judge for

further proceedings. The trial has been pending for framing of charges for more than two years now

before the trial court. The case couldn't move ahead because the CBI magisterial court didn't take

cognizance of the second chargesheet that the CBI had filed. This was because the home department

did not grant sanction to prosecute four Intelligence Bureau officials, including former special director,

Rajinder Kumar. The first chargesheet named eight officials of Gujarat police including ADGP P P

Pandey, retired DIG D G Vanzara and SP G L Singhal. One accused has died in while investigations

were pending. Meanwhile, one of the investigators - IGP Satish Verma - has said that he fears a

miscarriage of justice in this case, because of efforts to create a political controversy in order to shield

the accused. The SC has also been approached for quashing of charges against the police officials.

The SC scheduled a hearing on this petition for next week. (Times of India 6/3/16)

27. Kanhaiya Kumar's Remarks On Army Trigger New Complaint By BJP Youth Wing (1)

JNU students' union president Kanhaiya Kumar, who is out on bail in a sedition case, is facing ire of

the BJP's youth wing for his remarks on the security forces in Kashmir. Speaking on the Armed

Forces Special Powers Act or AFSPA, Kanhaiya said, "No matter how much you try to stop us, we will

speak up against human rights violations. We will raise our voice against AFSPA. While we have a lot

of respect for our soldiers, we will still talk about the fact that in Kashmir women are raped by security

personnel." Kanhaiya was addressing students at a late night march on the eve of International

Women's Day on Wednesday. While he spoke of atrocities against women with examples of the war

in Rwanda, he added, "You take example of Gujarat, women were not just killed but were raped first."

The Bharatiya Janata Yuva Morcha has filed a complaint in Vasant Vihar police station against

Kanhaiya and JNU professor Nivedita Menon, saying they made "anti-national" statements. "Despite

the submission of an undertaking before court, Kanhaiya has yet again addressed a gathering of

students and uttered poisonous words against the Indian Army, labelling them as rapists of Kashmiri

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Women," a BJYM statement said. A senior police officer said the matter was being looked into, but

added that "no FIR has been registered yet"."JNU professor Nivedita Menon has been spewing

hatred against the Indian Armed Forces in public meetings as well," the statement said, adding, "She

made statements like it is recognized worldwide that India is illegally occupying Kashmir." Ms Menon,

who teaches at the Centre for Comparative Politics and Political Theory at the School of International

Studies at JNU however said, "I don't believe anything I said was anti-national".In Kanhaiya's defence,

the All India Students Federation (AISF) said that his remarks were "in context of atrocities on women

worldwide and not just in Kashmir," and that, "he in no way meant to demean the Army or any other

force and he clarified that in his speech too." The Akhil Bharatiya Vidyarthi Parishad or ABVP affiliated

to the BJP, which was the first to raise an alarm over the February 9 event in JNU, issued a statement

saying, "The judge in her order also advised Kanhaiya to not forget the contribution of those

sacrificing lives on borders. His statement is an attack on Indian Army".Kanhaiya was arrested on

February 12 in a sedition case over an event on campus against hanging of Parliament attack convict

Afzal Guru during which anti-national slogans were allegedly raised. He was granted an interim bail

for six months by Delhi High Court last week. (NDTV 10/3/16)

28. Man who tried to slap Kanhaiya files complaint over his remark on army (1)

New Delhi: The Ghaziabad resident who recently tried to slap JNUSU president Kanhaiya Kumar on

campus filed a complaint against the student leader on Saturday for his remarks about army men

allegedly raping Kashmiri women. “From day one, I have been observing his speeches and the

previous instance where anti-national slogans were raised on the JNU campus. I had decided to

speak to him and challenge him for a debate. But those days, there were legal proceedings going on.

So I decided to wait,” said Vikas Chaudhary (26). Chaudhary, who works with a private developer at

Raj Nagar Extension, said Kanhaiya made derogatory remarks against the army after he was

released on bail. “I could not stop myself and went to meet him at JNU… he refused to speak to me.

Several people said I was not a student and pushed me. I too pushed them. They alleged that I tried

to slap Kanhaiya,” he said. Kanhaiya Kumar on Tuesday told a gathering of students, “We will speak

against Armed Forces Special Powers Act (AFSPA). With all my due respect to army soldiers, I will

say this that in Kashmir women are raped by security personnel.” Chaudhary, in his complaint to the

Ghaziabad police, also alleged that both Kanhaiya and Umar Khalid raised anti-national slogans

under a conspiracy. “I have forwarded my written complain to the police…They are yet to lodge any

FIR so far,” he said. Kanhaiya Kumar sedition charges in connection with an event where anti-national

slogans were allegedly raised. “The contents of the complaint will be verified and we will even

consider their jurisdiction area. Some legal process is already going on in Delhi,” said Ashok

Shishodia, Kavi Nagar station house officer. (Hindustan Times 13/3/16)

29. ‘Assault by inspector led to auto driver’s death’ (1)

CHENNAI: The State government has informed the Madras High Court that an inquiry has proved that

the death of an autorickshaw driver in police custody was a result of assault by an Inspector. The

authorities made the submission before the First Bench of Chief Justice S.K. Kaul and Justice M.M.

Sundresh on a public interest litigation (PIL) moved by Campaign for Custodial Justice and Abolition

of Torture. On December 31, 2013, Suresh had parked his autorickshaw near the Vanjur police

checkpost and was chatting with his friend at around 7 p.m. The Inspector of Police, Nagoor Police

Station, N.S. Rajendran instructed Suresh to park the vehicle elsewhere. Enraged by the reply of

Suresh that his vehicle was parked on the roadside, the police officer took him to the Nagoor police

station and allegedly beat him up, resulting in his death. Through an affidavit, the Superintendent of

Police, Nagapattinam submitted that the departmental enquiry against the Inspector is complete and

delinquency is proved. The matter has been forwarded to the DIG of Police for final orders, he added.

The government has decided to initiate appropriate criminal and departmental proceedings against

Rajendren. The officials filed the status report in a sealed cover before the First Bench. (The Hindu

15/3/16)

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30. Family demands probe into man’s custodial death (1)

Mumbai: The family members of Arvind Shimpi, who died last week inside Arthur Road jail, have

demanded an inquiry into his mysterious death and have refused to claim his body. There is also

confusion on whether his body has already been cremated. While his family says they will not claim

his body Azad Maidan police said the family had already claimed it. Arvind Shimpi (32), who used

polish shoes at Churchgate railway station, was arrested on March 8 in a mobile theft case. Three

days later he was dead. The jail authorities told N M Joshi Marg police that he was suffering from

some stomach ailment and died due to infection. Shimpi is survived by his wife Sunita and two kids.

The family claimed that Azad Maidan police did not inform them when he was arrested which is

mandatory. "A police constable informed me that my brother Arvind had died inside the jail," said his

sister Rehana Shaikh. Shaikh said they were shocked when they saw the autopsy report and saw his

body at JJ morgue. The body bore several injuries she claimed. "Arvind did not have any ailment. I

had met him on March 7. I was told that either RPF or Azad Maidan police had beaten him severly to

extract information. Now they are supressing the facts." "Arvind was arrested along with some others

by the RPF on the basis of CCTV footage. They later handed the case to us. His body has been

claimed by the family," said Manoj Sharma, deputy commissioner of police (zone 1). Police said that

his viscera have been sent for a histopathology report to find out if he had any disease. (Times of

India 17/3/16)

31. Police assault victim’s family lodges complaint with SHRC (1)

CHENNAI: The mother of Mukesh Vincent, victim of police assault, has lodged a complaint with the

State Human Rights Commission on Friday describing in detail how Mukesh was beaten up at home

and bundled into a police vehicle and taken to an undisclosed location. Ms. Sumathi has also

complained that at the Government Royapettah Hospital the authorities not only refused to admit him,

but also did not provide him adequate treatment after the assault. In her complaint, she has said her

nephew tailed the van till it disappeared near Pallikaranai. It gives details of the phone number from

which a policeman called the family to warn it of dire consequences if they lodged a complaint in any

police station, and the registration number of the vehicle that picked up her son.The victim’s mother

says her son was refused treatment at the Government Royapettah Hospital when she took Mukesh

for a review as he complained of loss of hearing. “We were asked to the Government General

Hospital, but that hospital sent us back to the Royapettah Hospital,” Ms. Sumathi has said in her

complaint. She said her family would be able to identify the six policemen who entered their house

and beat up her son. (The Hindu 20/3/16)

32. 20 Percent of Police Force Criminals: SHRC Chief (1)

THIRUVANANTHAPURAM: “Twenty per cent of the police force in the state are goons and

criminals,”State Human Rights Commission chairman J B Koshy has said. He was speaking after

inaugurating the three-day international seminar on human rights and policing at Government Law

College, here, on Monday. “Though state police force is one of the best forces in the country, 20 per

cent of personnel are working to execute their ‘political agenda’. This 20 per cent create a wrong

perception about the entire force in the minds of people,” Koshy said. “Of the 12,300 cases that I had

attended last year, 4,500 were against the police ranging from custodial torture to death,” he said.

Koshy also said that the policemen are facing various issues. “The police men are human beings and

they need leisure time amid the hectic duty hours. In necessary circumstances, policemen can

approach the commission for filing complaints against senior officers,” he said. Delivering the keynote

address, Russian Professor Vesselin Popovski , vice-dean of Jindal Global Law School said human

rights has a global significance and it’s wrong to perceive it as a ‘western’ concept. “Human rights are

universal, not western. In every village and town in the world, human rights has its significance.

Infact, the human rights became universal post the World War II. The age-old epics and myths in

India had discussed the importance of human rights. Therefore human rights have more value in this

country”, Popovski said. He also emphasised the need of professionalism in the police force in order

to enforce the law effectively. N R Madhava Menon, Chancellor, Guru Ghasidas University,

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Chattisgarh, presented a paper on ‘Liberty Vs Security’- Constitutional balancing. ADGP (intelligence)

A Hemachandran, Adv Rajesh Munjal, Justice Narayana Kurup, chairman police complaint authority

and college principal K R Reghunathan spoke . (New Indian Express 22/3/16)

33. Prisoner dies, custodial torture alleged (1)

KOCHI: In an instance that has raised allegations of custodial torture, a 32-year-old man from

Elamakkara here, who had been awarded 30 days’ imprisonment for creating public nuisance under

the influence of alcohol, died at the Thrissur Medical College hospital on Sunday. The deceased has

been identified as Vineesh Venugopal, son of Venu, from Thannikkal near Elamakkara. Vineesh was

arrested by the Elamakkara police on March 11 and had two warrants issued against him by the court

for creating public nuisance. He was first sent to the Aluva sub jail after he refused to pay a fine for

the offence under Section 118 (a) of Kerala Police Act. From there, he was shifted to Viyyur Central

Prison. The prison authorities moved Vineesh to the Government Mental Health Centre in Thrissur

after he showed withdrawal symptoms and uneasiness. He was later admitted to the Thrissur Medical

College hospital. Officials maintained that Vineesh’s family was informed twice about his

hospitalisation. “Though we informed them on Saturday about his deteriorating physical health, they

did not care to visit him,” the officials said. The body will be handed over to his family after post-

mortem examination. (The Hindu 22/3/16)

34. HC directs govt. to provide details of 137 custodial deaths (1)

CHENNAI: The Madras High Court on Thursday directed the State government to put forth all the

materials relating to 137 custodial deaths reported in 2012-13 to the Tamil Nadu State Legal Services

Authority (TNSLA), which would examine the issue and submit a report. A public interest litigation

petition was filed by K. Kesavan, alleging that several prisoners died “unnatural” deaths for want of

medical attention because of “gross negligence” on the part of the prison administration. During the

hearing, the High Court ordered an interim compensation of Rs 5 lakh to the families of the deceased.

The government filed an affidavit before the First Bench of Chief Justice S.K. Kaul and Justice M.M.

Sundresh, submitting that out of the 137 cases, compensation was sanctioned in three cases,

disciplinary proceeding initiated in two and 22 cases had been dropped from further action. “In the

remaining 109 cases, complete inquiry reports along with the medical reports on the deaths of

prisoners are awaited from the District Collectors in 74 cases. CB-CID inquiry reports are awaited in

two cases and 33 cases are under examination by the government,” the Government Pleader said.

Perusing the affidavit, the Bench observed that report shows a shocking state of affairs, “We are

dealing with the issue of 137 custodial deaths, which are more than three and two years old. Only in

three cases compensation has been sanctioned…,” the Bench said. The judges noted that the

authorities have not understood the purport of section 176 (1-A) (enquiry by magistrate into cause of

custodial death) of Cr.PC and the law enunciated by the judgement of a single judge of this court in R.

Kasthuri vs State. “The crux of the matter is that in addition to the investigation held by the police, an

enquiry has to be held by a Judicial Magistrate. As to what is the situation, which is prevalent in

respect of these 109 cases, seems to be still hanging for consideration, this is an unacceptable

position,” the Bench noted. The court posted the PIL to June 3 for filing reports. (The Hindu 25/3/16)

35. 61 custodial deaths in Gujarat in 2011-12: report (1)

AHMEDABAD: There were a total 61 custodial deaths in Gujarat in the year 2011-12, according to a

report submitted by the State Human Rights Commission (GSHRC) in Legislative Assembly. Of the

total deaths in police or judicial custody, 51 were cases of natural deaths, while seven were suicides

and three were unnatural or doubtful deaths, GSHRC said in its annual report for 2011-12 which was

tabled in the House on Tuesday. Eight of the total deaths were reported in police custody, while 53

were reported in judicial custody, it said. 24 of the deaths were reported in Ahmedabad alone. One

death out of the 24 has been shown as unnatural or doubtful in the State Human Rights Commission's

annual report. Vadodara stood second with 10 custodial deaths. However, no unnatural death was

recorded in that city. In Junagadh, four custodial deaths were recorded. Apart from Ahmedabad,

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where one unnatural death was recorded, the other two unnatural or doubtful deaths in police custody

took place in Rajkot and Dahod. Seven cases of suicides in custody were recorded one each in

Ahmedabad rural, Mehasana, Rajkot rural, Junagadh, Amreli, Valsad, and Navsari districts. The

report is silent on the steps taken by the commission on unnatural or doubtful deaths. The report said

2,989 petition were received seeking SHRC's intervention in the year 2011-12 against 3,077 in 2010-

11, and 2,992 petitions in 2009-10. The report lists many cases where due to its intervention,

authorities have acted in favour of petitioners and resolved their problems. The report also lists cases

where SHRC had taken suo motu action based on newspaper reports. (Times of India 26/3/16)

36. Another researcher harassed in Bastar, termed ‘Naxal agent’ (1)

RAIPUR: Yet another social activist and independent researcher, based in the Bastar region of

Chhattisgarh, has alleged that she was being “hounded and troubled” by self-styled vigilante groups.

Ms. Bela Bhatia, a former visiting faculty at the Tata Institute of Social Sciences (TISS), Mumbai,

stays at a village eight kilometers from Jagdalpur, the district headquarters of Bastar. “At around 4

p.m. on Saturday, a large group of agitated people came to the village where I live, in my absence.

According to my neighbours, they came in four vehicles, five autos and one jeep. The group included

men and women as well as the men of the police force in plain clothes. Some of them were armed.

The group was carrying a banner and asked questions about me to my house-owner and neighbours.

They asked why a ‘Naxalite Aatankawadi’ had been allowed to rent a room in the village and advised

my landlady to evict me,” Ms. Bhatia said in a statement. “Then they took out a rally in the hamlet,

shouting slogans against me including ‘Bela Bhatia Murdabad’ and distributed leaflets. The leaflet

accused me of being a ‘Naxal Dalal (Maoist agent) from outside and ends with the slogan ‘ Bastar

Chhodo’ (Leave Bastar). The leaflet did not bear anyone’s name or any details of any printer,” claimed

the researcher who has been documenting police excesses in the name of anti-Maoist operations in

Bastar for over a year now. The sloganeering and leaflet campaign against Ms. Bhatia comes after

the recent arrest of four journalists in Bastar and the eviction and attacks on free legal aid groups,

journalists and tribal activist Soni Sori. Bastar Superintendent of Police (SP) Mr. R.N. Das and

Inspector General (IG) of Police S.R.P. Kalluri were unavailable for their reaction to the incident.The

Chhattisgarh state unit of the Congress has termed Bastar police head Mr. Kalluri a “dictator” after the

arrest of four journalists in Bastar in last six months. “S.R.P. Kalluri has become a dictator of Bastar

because of the free hand given to him by Prime Minister Narendra Modi, Chhattisgarh Chief Minister

Raman Singh and National Security Advisor Ajit Doval. Common people, journalists, political workers

and almost everyone is on the police target in Bastar now,” State Congress spokesperson Shailesh

Nitin Trivedi said in a press statement on Sunday. (The Hindu 28/3/16)

37. 7 cops suspended, case against SHO, SI for custodial death (1)

Kanpur: SSP (Etawah) has suspended seven policemen for the alleged custodial death of a history-

sheeter who was 'arrested' on March 30 from Achalda area of Auraiya district. The SSP also directed

the police to register a murder case against Bakewar police station incharge and the sub-inspector

(SI) posted at Achalda police station following a complaint lodged by father of the deceased. "A case

under section 302 of IPC has been lodged against SHO Bakewar Brijendra Singh Yadav and SI

Mahaveer Singh, and an inquiry is on", said SSP Manzil Saini. According to sources, in a joint

operation, Bakewar and Achalda police had arrested an alleged criminal Dharamveer alias Bhoorey, a

native of Baidpur village in Etawah, from Achalda in Auraiya district on March 30 and allegedly

thrashed him. Indal Singh, Dharamveer's father, alleged that his son, who was in jail on charges of

theft, was recently released. On March 31, the police claimed to recover his body near Pilkhana

village of the district, alleged Indal Singh The kin created ruckus outside the police stationfollowing

which senior police officials reached the spot and pacified the mob. A huge force was deployed to

control law and order. The SSP suspended seven policemen including SHO Bakewar Brijendra Singh

Yadav and six police constables besides writing to Auraiya SP for initiating action against SI

Mahaveer Singh on Friday in this regard. The senior official claimed that a written complaint has been

received from Dharamveer's kin and initial level inquiry has been ordered. (Times of India 2/4/16)

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38. National SC/ST commission to probe Bijapur rapes by security forces (1)

RAIPUR: With an aim to investigate atrocities against Adivasi women committed by Bastar police, a

team of National SC/ST commission headed by commission's president Rameshwar Urao visited

Raipur here on Sunday. The team will visit Bijapur on Monday to meet the victims."I will be visiting

Bijapur tomorrow to know the status of the case. We will also meet the victims and record their

versions," said Urao while talking to TOI. The Commission notes that an offence has been committed

under Section 3(1) and Section 3(2) of the SC/ST (POA) Act and recommended various steps for

redress of the grievance. Security forces fighting against the Naxal menace allegedly involved in

sexually assaulting and harassing the tribal women in the insurgency-hit Bastar division. More than 10

women including a minor girl were forcefully stripped and allegedly raped by the joint security forces

in the Peddagellur, Budigicheru, Gudam areas of Bijapur between October 20-28, 2015 while the

security forces were carrying out combing operation in the area. Taking cognizance of the atrocities

against Adivasi women committed by Bastar police, the National Commission for the Scheduled

Tribes has issued a notice to the Director- General of Police, Chhattisgarh, instructing him to lodge a

formal complaint against the accused police officials under the SC/ST (Prevention of Atrocities Act),

1989, in October last year. (Times of India 3/4/16)

39. I’m not a victim of AFSPA, but came out to protest the Act for humanity’s sake: Sharmila

IMPHAL, April 5: “I’m not a victim of AFSPA, I came out to protest against this draconian act

voluntarily for the sake of humanity” said anti-AFSPA crusader Irom Chanu Sharmila today. She said

she has been protesting for the last 16 years demanding repeal of AFSPA because she cannot

remain as a mute spectator to the Act. Sharmila was speaking to media persons as she came out

from the court of Chief Judicial Magistrate Imphal West Lamkhanpau Tonsing at the Uripok Chirap

Court complex where she was produced today. Sharmila further asked the people to support her

movement and raised the slogan “Repeal AFSPA, release Sharmila, if AFSPA can be repealed from

Tripura why not from Manipur?” The human rights activist who is also known as the Iron Lady said the

Patiala Court Delhi has already acquitted her in a similar case of attempted suicide registered in 2006

against her protest in Jantar Mantar, New Delhi. Stating that her form of protest is based on Mahatma

Gandhi’s principle of non-violence, she asked if she can be charged under attempting suicide, why

was Gandhi not charged similarly? Sharmila was produced before the court in connection with the

charge against her of trying to commit suicide by launching a fast unto death. Meanwhile, observing

that Sharmila has submitted that she doesn’t want a legal counsel of her own and that she desired to

defend herself in the case, the CJM I/W appointed L Rebeda Devi as her free legal aid counsel. The

CJM also observed that the Sharmila has refused to sign any PR Bond and said the continued

remand of Sharmila, who is produced from JN Hospital where she is being fed through a nasal tube,

is in her and state interest. Sharmila was remanded to custody for another 15 days till April 19.

(Kanglaonline 5/4/16)

40. SHO suspended, probe ordered over custodial torture of Delhi police constable (1)

Amroha: Amroha superintendent of police (SP) S Chinappa has suspended a station house officer

(SHO) and ordered departmental inquiry against another after allegations of custodial torture of a

Delhi police constable and his brother-in-law were levelled by the Jat community. On Saturday, BJP

MP from Amroha, Kanwar Singh Tanwar visited the house of the constable, Gajender Singh, and met

with members of the Jat community. "This is a very serious matter as police planted a countrymade

weapon on Gajender and booked him for dacoity at the behest of minister Mehboob Ali. We will

discuss the matter with Union home minister Rajnath Singh and will request him to arrange for

Ganjender to be released," said Tanwar, talking to TOI. "We will not allow chief minister Akhilesh

Yadav to visit Nauganwa Sadaat on April 15 or address the public until the cases imposed on

Gajender and his brother-in-law Harveer are withdrawn. The issue is causing unrest among members

of the Jat community because the two men were tortured by police officials as well as Parvez Ali, the

minister's son and Istayqar Ali, his nephew, inside the police station, while the family members of the

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arrested men were pleading with the police not to torture them," the MP alleged. Members of the Jat

community demanded an FIR to be filed against Parvez, who is also an MLC, Istayqar and the SHOs

of Gajrola and Dhanora. A panchayat was called by Jat leaders at Arifpur Mafi village, where they

demanded that cases lodged against Gajender and his brother-in-law be withdrawn. The panchayat

was addressed by influential Jat leader and Samajwadi Party leader Chaudhary Chandra Pal Singh,

former Lok Sabha member from Amroha and cabinet minister. "The police can't withdraw the case

against Gajender Singh and his brother-in-law because it is not within their power to do so. It is up to

the court to decide whether the sections of IPC which were imposed on them were genuine or not,"

SP Shankar told TOI. "Based on the complaints of the family members of the arrested men and the

members of the Jat community, action has been taken against Dhanora SHO Satyender Kumar, who

has been suspended. A departmental inquiry has also been ordered against Gajrola SHO Upendra

Yadav regarding custodial torture. If the allegations are found to be true, any police officer involved

will be punished," the SP added. Members of the Jat community, however, are still dissatisfied with

the action against police officials. "Police have created a fake case against Gajender and Harveer at

the behest of Mehboob Ali and his son Parvez. We have demanded an FIR on the custodial torture of

the two men, which was witnessed by their families," said Chaudhary Chandra Pal Singh. "Police

officials are mounting pressure on the family and they have told us to arrive at a compromise with the

minister, which we have turned down," said Raghuvender Singh, younger brother of the arrested

constable. On Monday evening, police had arrested Gajender and Harveer from Bhankpur railway

gate on NH 24 after the constable's car allegedly collided with that of Istayqar Ali. Police said they

recovered a countrymade weapon from the constable, who was sent to jail under charges of attempt

to murder and causing hurt during dacoity, beside sections of the Arms Act. Gajender and Harveer

are currently lodged at Moradabad district jail. During their protest, Jats gave a 24-hour ultimatum to

the police to withdraw the case. It was also announced that chief minister Akhilesh Yadav would be

boycotted during his upcoming visit on April 15. (Times of India 8/4/16)

41. Violence in Bhind after custodial death, 3 cops suspended (1)

BHOPAL: Police had to fire in the air and burst tear gas shells on Sunday morning to disperse a

violent mob protesting after death of a youth in police custody at Umri police station of Bhind on late

Saturday night . Three cops including the SHO of the police station , Rambabu Yadav, have been

suspended. Sunil Yadav,20, allegedly committed suicide in the police station. His father Avilav Yadav

said that his son was arrested after allegations of theft. He was beaten by the police inside thana and

he died on Saturday. After the postmortem, family of the deceased placed the body near thana and

demanded registration of cases of murder against the cops. They started pelting stones on the police

when the police dispersed the mob by firing in the air. Over a dozen policemen were injured in the

stone pelting. (Times of India 10/4/16)

42. 11 killed as live wire hit by police bullet snaps (1)

Tinsukia (Assam): At least 11 people were killed and 20 others were seriously injured on Monday

when a high voltage wire, hit by bullets, fell on demonstrators, as police fired in the air to disperse

them at Pangeree in upper Assam. Police said the incident took place when a large number of

protesters armed with machetes and sticks pelted stones at the Pangeree Police Station in Tinsukia

district and tried to gherao it, demanding that those arrested in connection with the killing of two

persons in the area three days ago be handed over to them, police said. They threw stones and broke

glass panes of the police station. To control the mob, police fired in the air and the bullets hit an

overhead high tension electric wire causing it to fall on the demonstrators. Nine of them died on the

spot and one died at the Tinsukia Civil Hospital. Another person died on the way to the Assam

Medical College Hospital in the neighbouring Dibrugarh district. Senior district civil and police officials

along with central paramilitary forces and police reinforcements have rushed to the spot. The officials

were holding meetings with the protestors to neutralise the situation, the police said. Indefinite curfew

was imposed in Pangeree police station area in upper Assam’s Tinsukia district. — PTI (The Hindu

12/4/16)

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43. J&K: Indian Army orders inquiry into killing of 2 civilians (1)

Srinagar, Apr 12 : The Indian Army has ordered a probe into the killing of two civilians as they were

protesting against the alleged molestation attempt in north Kashmir's Handwara town on Tuesday,

reports said. The civilians were killed as Indian Army opened fire on the protesters. According to

reports, the civilians were protesting after an Indian Army soldier tried to molest a girl in the area.

Scores of youths took to streets against the molestation case as angry army men opened fire to

disperse the protesting youth which left atleast six persons injured, said an eyewitness. All the inured

were shifted to a nearby hospital, where two persons reportedly succumbed to their injures (New

Indian Express 13/4/16)

44. Abuses by police, forces major rights problem in India: US (1)

Washington: Abuses by police and security forces are the most significant human rights problem in

India, the US said on Thursday while raising concerns by civil society over the “failure” of the Gujarat

government to hold accountable those responsible for the 2002 riots in the state. “The most significant

human rights problems involved police and security force abuses, including extra-judicial killings,

torture, and rape; corruption remained widespread and contributed to ineffective responses to crimes,

including those against women, children and members of scheduled castes or tribes; and societal

violence based on gender, religious affiliation, and caste or tribe,” the US State Department said in its

annual 2015 Country Reports on Human Rights Practices. The report was released by Secretary of

State John Kerry at the headquarters of the State Department . “The frequently grim examples

detailed in this report strengthen our resolve to promote fundamental freedoms, to support human

rights defenders and to document and promote accountability for violations of human rights,” Kerry

wrote in the preface of the report. In its detailed Congressional-mandated report on India, the State

Department continues to raise its concerns about the victims of Gujarat riots not receiving justice so

far. “Civil society activists continued to express concern about the Gujarat government’s failure to hold

accountable those responsible for the 2002 communal violence in Gujarat that resulted in the deaths

of more than 1,200 persons, the majority of whom were Muslim,” the report said. “On September 16,

the Gujarat High Court’s acting Chief Justice assembled a new bench to hear the appeals from Maya

Kodnani, Babu Bajrangi, along with others who authorities had sentenced to imprisonment for their

role in the 2002 Gujarat riots. This was the fifth bench to hear these petitions,” the State Department

said. In its report, the State Department alleged that “lack of accountability” for misconduct at all levels

of government persisted, contributing to widespread impunity. Investigations and prosecutions of

individual cases took place but lax enforcement, a shortage of trained police officers and an

overburdened and under resourced court system contributed to infrequent convictions, it said.

“Separatist insurgents and terrorists in Jammu and Kashmir, the northeastern states and the Maoist

belt committed serious abuses, including killings of armed forces personnel, police, government

officials and civilians. Insurgents were responsible for numerous cases of kidnapping, torture, rape,

extortion and the use of child soldiers,” the report said. Among other human rights problems the report

stated included disappearances, hazardous prison conditions, arbitrary arrest and detention and

lengthy pretrial detention. The report said court backlogs delayed or denied justice, including through

lengthy pretrial detention and denial of due process. (Hindustan Times 15/4/16)

45. Fresh protests in Kashmir’s Handwara and Kupwara, restrictions reimposed (1)

Srinagar: Fresh protests broke out on Monday in Handwara and neighbouring areas of Kupwara

district in north Kashmir, prompting authorities to reimpose curfew-like restrictions which were relaxed

for a few hours in the morning after five days, while mobile internet services have been restored in the

Valley. The twin towns of Handwara and Kupwara had been rocked by violent protests that left five

persons dead since last Tuesday. After a lull on Sunday, fresh protests broke out on Monday in

Handwara and Kupwara’s Kralgund and Trehgam areas. “Restrictions have been imposed again in

Handwara, Kralgund and Trehgam areas of Kupwara district following violent protests,” a police

official said. As soon as the authorities relaxed curfew at 8 in the morning, scores of youth in

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Handwara came out on roads protesting against the killings. The protesters were also demanding

removal of army bunker from Handwara town. Police and CRPF fired tear gas shells to chase them

away. “The protesters were chased away and there was no damage done in the incident,” he added.

In another incident, clashes between youth and security forces broke out in Kupwara’s Tehgam and

Kralgund areas following which restrictions were again imposed in the district. “To prevent escalation

of the protests and the deterioration of law and order, restrictions under section 144 were again

imposed in the district,” said a police official. He said that the protesters were demanding the removal

of the army bunker from the Handwara town and bringing to book the security personnel responsible

for the killings. Meanwhile, students in two universities of the Valley also held protests against the

killings. Hundreds of students of University of Kashmir in Hazratbal assembled outside the humanities

department and marched through the campus, shouting anti-government and anti-army slogans.

Similar protests were also held in Islamic University of Science and Technology in Awantipora. Mobile

internet services, which were snapped in the Valley following violent protests over the alleged

molestation of a girl by an army soldier on Tuesday, were restored a little past midnight on Monday as

there was no major incident of protest or violence on Monday, an official said on Tuesday. Situation in

rest of the valley was returning to normalcy with the resumption of business and educational activities.

Three persons including a woman were killed in firing by security forces on protesters on Tuesday

while two more persons were killed in separate security forces action against violent protestors on

Wednesday and another on Friday . (Hindustan Times 18/4/16)

46. Justice delayed: Over 5,000 prisoners await trial in Assam (1)

Guwahati: The National Crime Records Bureau (NCRB) prison report, which was published in

September 2015, shed light on the gruesome reality of the prison system in Assam. Over 5,000

inmates languish in Assam's overcrowded jails, waiting for trial. The report takes into account data till

the end of 2014. Of the 5,193 under-trials identified till December 31, 2014, 186 were women and 20

were foreigners. "There was one Nigerian, one Nepalese and 18 Bangladeshi under-trial prisoners in

Assam jails till 2014-end," the report said. One of the worst cases of delayed justice was reported a

decade back in the state. Machang Lalung, then 77, was released from incarceration in 2005 after

spending more than 50 years behind bars, awaiting trial. A jail official said, "Some of the inmates are

incarcerated for a long time for false allegations too. Case diaries of many cases are yet to be

prepared." The report highlighted the plight of waiting for inordinate durations. "At least 23 under-trial

prisoners have been in Assam jails for more than five years...There were 96 others who have been

languishing in similar condition for periods between three to five years. Some 3,450 other prisoners

were in jails for more than one year waiting for their trials to end in the same time frame," said an

official, citing the report. And it is not just the duration of the wait. The prison conditions are inhuman,

compounding the gravity of the situation. In a scenario where prisons are overcrowded, the numbers

are all the more telling. There are 31 prisons in the state. However, against the total capacity of 8,192

inmates, there were 8,346 inmates in state prisons in the period the report covers. Added to this is the

burden that the central jails of Jorhat, Dibrugarh and Tezpur bear of acting as detention centres for

sheltering 'declared foreigners' following a notification by the state government. The practice will

continue till the creation of separate detention camps. In the same period, there were 3,141 convicts

in Assam's jails. Most of them were convicted on murder charges. The convicts included 23 foreigners

- one Nigerian, one Pakistani, four from Myanmar and 17 Bangladeshis. They were serving sentences

after being found guilty of smuggling contraband, human trafficking, miltancy or entering India illegally.

(Times of India 20/4/16)

47. JK legislator calls for demilitarization, AFSPA revocation (1)

Jammu: National Conference legislator Devender Singh Rana on Wednesday favoured complete

demilitarization in J&K and revocation of Armed Forces Special Powers Act (AFSPA) from state’s

“peaceful areas.” “There is no need of military establishments in civilian areas. Army should decrease

its footprints in peaceful areas of the state,” Rana, who is NC’s Provincial President, told reporters on

the sidelines of a function here. He said army should go back to barracks “so that people breathe

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easy and not feel caged.” On removal of bunkers in Handwara, he said “it is not any achievement.”

“This won’t be seen as an achievement unless footprints of forces don’t disappear from peaceful

areas,” he said. “Many bunkers were removed during the tenure of Omar Abdullah-led government,

but it doesn’t serve propose till AFSPA is there.” Earlier, Rana, who is legislator from Nagrota

constituency of Jammu district, announced that Bharti Foundation has adopted 15 government

schools of Nagrota to implement quality support programme. Bharti Foundation has signed MoU with

Deputy Commissioner, Jammu and Chief Education Officer, Jammu to implement the Quality Support

Program in Nagrota,” he said. (Greater Kashmir 21/4/16)

48. Home dept receives report on Aguada jail food poisoning (1)

Panaji: A one-man commission who investigated the food poisoning case at the Aguada central jail

and Mapusa judicial lock-up three years ago submitted his report to the home department recently.

One inmate had died in the incident. Additional secretary (home) Sanjiv Gadkar told TOI that the

report will be put before the government for acceptance of the report and to take necessary action.

Two years after the incident in July 2013, the cabinet had decided to appoint a one-man commission

comprising the principal district judge (North Goa). The commission was asked to submit the inquiry

report within two months. On May 31, 2013, prisoner Mahadev Gaonkar died and 128 others suffered

from diarrhoea and vomiting at Aguada jail and nine other prisoners fell ill at the Mapusa judicial lock-

up after complaining of food poisoning. Gaonkar's complaint came after dinner.Gaonkar, who was

undergoing a six-year imprisonment term at central jail, Aguada, succumbed while undergoing

treatment at Candolim primary health centre (PHC). During the incident, doctors suspected a case of

water contamination rather than food poisoning. Aguada jail gets its water from the PWD water supply

pipeline. Earlier jail authorities used water from a spring in the jail's vicinity. The dinner had included

fish curry, rice, chappati and fried fish. The food was cooked in the jail mess and then served to the

prisoners and some of it transported to Mapusa for the under trial prisoners. The food was cooked by

13 cooks under the supervision of a mess commandant. The cooked food was tasted by the jail

superintendent before being served to the prisoners.Jail authorities had also lodged a complaint with

Calangute police station seeking an investigation. The Bardez sub-divisional magistrate is inquiring

into the death of the inmate. (Times of India 22/4/16)

49. Handwara girl remains in ‘police detention’, lawyers allege intimidation (1)

Srinagar:Jammu & Kashmir State Commission for Women (SCW) chairperson Nayeema Mehjoor will

on Wednesday meet a girl who was allegedly assaulted in Handwara earlier this month, giving rise to

violent protests that took five lives. The girl had reportedly written a letter alleging “intimidation by

police” to Mehjoor on Monday. Though protesters alleged that the girl was molested by an Army

soldier, she told the chief judicial magistrate that two boys from the area were responsible. Her kin

and well-wishers dismissed the statement, claiming that it had come under pressure from the police.

The girl’s lawyers have said she will “continue to remain in police custody for the time being”. Earlier

on Tuesday, a division bench of the Jammu and Kashmir high court heard a petition by the girl’s

mother, seeking her immediate release. The plea was clubbed with a PIL filed on the same lines by

the Bar Association. Alleging that the girl was being kept under “detention” and her “personal space

was being violated”, the Jammu Kashmir Coalition of Civil Society (JKCCS) – which is providing legal

aid to the girl and her family – said in a statement, “Beyond the important legal issues, the main thrust

of arguments to be advanced today was that the minor girl be set free and out of oppressive police

custody immediately. It was to be argued that other issues could be dealt with subsequently.”JKCCS

spokesperson Khurram Parvez said that though Parvez Imroz – the girl’s lawyer – tried submitting the

letter written by her to Mehjoor, he was directed to formally file it with the registry. The court will next

hear the matter on May 2. Mehjoor told HT that she would look into the circumstances surrounding

the girl’s detention when she meets her on Wednesday. The SCW chairperson also said she was

waiting for the police to reveal who had shot the video that showed her blaming “some local boys”.

The girl’s face was shown in the video. “She told me last week that the video was shot by a

policeman, who told her it would not be made public. But later, the same video was released by the

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Army,” Mehjoor said. Last week, the high court had directed the Handwara superintendent of police to

let the girl meet her mother and lawyers. The JKCCS has also alleged that police stopped the girl

from leaving Zachaldara to present herself before the high court in Srinagar. The Handwara police,

however, countered the allegation. A senior officer told HT that the police were simply protecting the

girl, and not restricting her from going anywhere. “We don’t even enter the house where she stays,”

he said. The girl has been put up at an undisclosed location near Zachaldara. While the JKCCS has

termed it as “unlawful detention”, the state continues to claim that she was staying at a relative’s

house “without any restrictions”. (Hindustan Times 27/4/16)


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