POLICE/CUSTODIAL TORTURE

JANUARY TO DECEMBER 2009

Compiled By
K. Samu
Human Rights Documentation,
Indian Social Institute, Lodi Road, New Delhi, India

Innocents languish in jails (1)
BHUBANESWAR: As many as 61 children have been languishing in different jails of Orissa for their no
fault. As per the information obtained under Right To Information Act, since these children were not
capable of leading independent life outside jail, they were forced to stay with their mother, who had been
imprisoned for different reasons. The information sheet says while mothers of 57 children are under trial
prisoners, mothers of four children have been convicted. Seeking protection of these unprivileged
children, human rights activist Biswapriya Kanungo has moved the Governors office demanding that
cases of mothers who are lodged with their minor children should be reviewed. When State government
has reviewed criminal cases involving political leaders as well as Left wing extremists, why cannot these
mothers are given a respite? They are under-trial prisoners. As long as they are not proved guilty in the
court of law, they will remain innocent, Mr. Kanungo contended. He said children were losing their
childhood inside jails which were unhygienic, overcrowded and place of anti-socials and it was duty of the
State to protect them. The RTI information says over 15,000 persons have been lodged in 75 different
jails against the total accommodating capacity of 12,639 inmates. While 4,254 persons including 115
women were found to be convicted by courts, 10,965 were under-trial prisoners. The problem has
deteriorated to such an extent that some jails were providing space to prisoners three times more than
their capacity. Bonaigarh Special Sub Jail in Sundargarh has a capacity to put up only 67 prisoners.
Instead 309 inmates had been lodged in the jail. Similarly in Sundargarh District Jail 436 convicts and
undertrials were staying against the capacity of 236. Chowdwar Circle Jail, which has been the biggest
jail of State, houses 1,173 jailbirds against its capacity of 964. While Puri District Jail has a space to
accommodate 385 inmates, over 500 prisoners could be found in the jail. (The Hindu 6/1/09)

Handcuffing is gross violation of human rights (1)
Udupi: The handcuffing of chairman and director of Chitra Publications Pvt Ltd. B.V. Seetaram by the
police has shocked not only journalists, but many others. o a chain held by a policeman, from the District
Government Hospital to the District Court Complex here. Journalists in the city were taken aback at the
humiliating treatment meted out to a senior colleague. Mr. Seetarams advocate Shashikanth Shetty said
bringing the accused handcuffed to court was a gross violation of human rights. He said the Supreme
Court had made the following observation in its judgment in the Citizens for Democracy v/s State of
Assam case (AIR 1996, Page 2193): Handcuffing and chaining in public degrades and puts to shame
finer sensibilities, and is a slur on our culture. Handcuffing shall be shunned as violative of human dignity
within and without prison. This judgment was delivered by Justice Kuldip Singh and Justice N.
Venkatachala. The court also made a reference to the earlier judgments of the Supreme Court (AIR 1980
Page 1535 and AIR 1978 SC Page 1675) to establish that the law was binding on all concerned and any
violation or circumvention shall attract provisions of the Contempt of Courts Act, apart from other penal
consequences under law. The copy of this judgment had been sent to the Union Government, Union
Ministry of Home Affairs, and to the governments of all States and Union Territories through their
respective Home Secretaries. In utter violation of this judgment, the police handcuffed Mr. Seetaram and
produced him before court today (Monday). I have seen robbers and thieves being brought to court
without handcuffs, Mr. Shetty said. A senior police officer of the district, speaking on condition of
anonymity, said handcuffing was done only in case of hardcore criminals or when the accused had a
previous record of escaping or there was a genuine apprehension that he would escape. It is not done in
case of normal persons, the official added. President of the Dakshina Kannada unit of the Peoples
Union for Civil Liberties (PUCL) P.B. Dsa called the handcuffing of Mr. Seetaram a disgrace to
democracy. Only dangerous criminals are handcuffed. This is violative of the Supreme Courts directions
and human rights, he said. (The Hindu 6/1/09)

Custodial death, family alleges torture (1)
KOLKATA: A man picked up by the police for allegedly running an illicit liquor joint died in police custody
but his family alleged death to due torture by the men in uniform. 44-year-old Lalu Prasad Biswas, who
was arrested during raids after the death of 26 persons at the West Port police station, ran a hooch joint
behind the New Market complex in central Kokata and was picked up by the police last night in the course
of the police crackdown on liquor dens. According to the police, the man was drunk and sent to the
Calcutta Medical College and Hospital for a stomach wash where he died. The man's relatives, however,
alleged he had died as a result of torture in the New Market lock up. "The body has been sent for post
mortem and if anyone is found guilty then action will be taken," a senior police officer said. (Times of
India 6/1/09)

Human rights violations by paramilitary forces almost double (1)
New Delhi, Jan 9 : Human rights violations by paramilitary forces have almost doubled in the last five
years, the home ministry has acknowledged in response to a Right to Information (RTI) Act query. In
response to queries filed under the RTI Act, it was revealed that the total number of human rights
violations in 2003-04 were 95 which increased to 180 by 2007-08. Providing the information, an official of
the National Human Rights Commission (NHRC) told IANS: "The data is not maintained force wise (in the
paramilitary) or gender wise. But there has been an increase in the violations. In 2006-07 there were 173
violations, which increased to 180 as recorded on Jan 1, 2008".The violations have been of various kinds.
Arbitrary use of power, abduction or kidnapping, rape, abuse of power, custodial death, custodial rape,
custodial torture, death in shootout, fake shootout and illegal detention are some of them. As per the
latest data, the maximum number of violations, 52, have been of arbitrary use of power. Twenty one
cases of death in firing and 10 cases of fake shootouts are the other two most often committed violations
in 2007-08. "In all there have been 591 cases of human rights violations by the paramilitary forces in the
last five years. NHRC has taken cognizance of five cases and has recommended a compensation
amount of Rs.750,000," the NHRC official said. On their part, in 2007-08 the paramilitary forces have
disposed of 56 complaints alleging human rights violations. They closed 15 cases after considering
reports received from the concerned authorities and rejected 68 more. In all, over the past five years, the
paramilitary forces have disposed of 93 cases after considering reports from concerned authorities, 228
with direction; 196 cases were dismissed without consideration and one has been transferred to the state
human rights commission. (New Kerala 10/1/09)

Top cop gets jail for torturing editor (1)
Thiruvananthapuram : A local court in Kochi has awarded six months jail and a fine of Rs 25,000 to a top
state police official for torturing the editor of an evening daily in custody 20 years ago. Ernakulam Chief
Judicial Magistrate P D Soman on Monday convicted Additional Director General of Police K G
Premshankar for the custodial torture of the editor of Sudhinam, an eveninger published from Kannur.
Interestingly, Premshankar is now posted at the state police headquarters here and is in charge of the
Protection of Civil Rights. The prosecution contended that Premshankar and his men had ransacked
Sudhinam office and picked up its editor Maniyeri Madhavan and reporter M Abdul Muneer on February
12, 1988. This was based on a complaint filed by the father of an under-aged tribal girl in Wayanad. The
complaint was that his paper had carried a highly defamatory report on the alleged rape of the victim,
then hardly 14 years. Both Madhavan and Muneer were tortured inside a police van before being
produced before the magistrate and released on bail. Maniyeri Madhavan filed a case of custodial torture
which was initially rejected by the sessions court and then the High Court but pursued it till he died of
heart attack in 2003. Madhavan contended that the police official had singled him out for action even
though the girls father had complained against several other newspapers. Finally, the Supreme Court
upheld his contention and directed the CBI in Kochi to probe the case. Madhavan alleged that
Premshankar had nursed a personal grudge against him for his reports on the feud between the
superintendent of police and the district collector. Abdul Muneer, who was also tortured along with
Madhavan, said his editor had told him one week before his death : I am sure the culprits will be brought
to book. Theres power above. (Deccan Herald 13/1/09)

CoD to probe custodial death (1)
Bangalore: Corps of Detectives (CoD) will probe into the death of Arun (26), who was found dead in the
Frazer Town police station under mysterious circumstances on Wednesday night. The city police top
brass has confessed that it is a custodial death and that the jurisdictional police, picked up Arun in an
assault case. Later, after four hours, he developed complications and fell unconscious. He was
immediately rushed to hospital where doctors declared him brought dead. A case of unnatural death was
registered and it has been handed over to the CoD for further investigation. It was a petty fight that turned
tragic. Arun, a resident of Pottery Town near Frazer Town, under the influence of alcohol had allegedly
stabbed Vijay before landing in the police station. Police said, Arun was a drug addict and an alcoholic.
Post mortem reports are awaited. (Deccan Herald 16/1/09)

Torture in illegal custody in Karnataka (1)
MANGALORE: Nooruddin (22), a vegetable vendor from Kinnigoli, was hospitalised on Friday after he
was allegedly tortured in the illegal custody of the District Crime Investigation Bureau (DCIB) here. He
had sustained internal injuries and kidney damage and is unable to use his legs, as per the records of
the Highland Hospital, where he has been admitted. Mr. Nooruddin was allegedly picked up by the DCIB
police on January 12 in connection with a murder in Kinnigoli. For the next four days, he was starved and
tortured, according to a complaint filed by him with Inspector General of Police (Western Range) A.M.
Prasad and Karnataka Home Minister V.S. Acharya. In the complaint, he has alleged that a heavy metal
roller was run over his body and he was hung upside down and beaten. The DCIB police station has
stored articles such as heavy rollers, electric shock machines and material for third-degree torture. It is a
horrifying place where human rights violations are the order of the day, he has stated in his complaint.
The police had to release him when Mr. Prasad intervened in the matter, following a complaint filed by
Abubakar, a relative of Mr. Nooruddin. In his complaint of January 14, Mr. Abubakar stated that despite
being in police custody for over 48 hours, Mr. Nooruddin was not produced in a court as per law. On
January 15, I was dragged out of the cell in which I was kept and bundled into a police van. I was driven
to the State Bank bus-stop and thrown on the road in a semi-conscious condition, Mr. Noorudddin told
The Hindu on Saturday. Some passers-by took him to a local mosque. When his condition failed to
improve, those in the mosque shifted him to hospital. His relatives were informed about his hospitalisation
hours later when he regained consciousness. In his complaint to the IGP and Home Minister, Mr.
Nooruddin has said that although the hospital authorities filed a medico-legal case and handed over a
recorded statement to the investigating officer of the jurisdictional police station, the police have not
registered a case. Mr. Nooruddin has named DCIB inspector Venkatesh Prasanna and his subordinates,
Dinesh Bekal, Chetan, Kumar and Ashok, in his complaint. Mr. Prasad said that he would initiate a
departmental enquiry into the matter.(The Hindu 18/1/09)

Sohrabuddin's brother claims abduction bid by cops (1)
AHMEDABAD: Rubabuddin Shaikh, brother of Sohrabuddin, who was killed in an alleged fake encounter,
has lodged a complaint with Madhya Pradesh police. Rubab, a resident of Jharania village in MP, has
stated in his complaint that police personnel from Gujarat, Rajasthan and Hyderabad had tried to kidnap
him from his house on Friday morning. In a letter to the DGP, Rubab has said that nearly 70 people
gathered around his house and asked him to accompany them to the police station. He refused to open
the door and tried to contact local police, but his efforts went in vain. Rubab has also claimed that the
gunman allotted to him for security was also unarmed. Upon insistence on his part that he would first
consult his advocate, Rubab was assured by the men in uniform that he would be able to do so once they
reach the police station. Rubab has also claimed that the police officers in local police station were all on
leave. He has also complained that the local police station refused to register his complaint and therefore
he had to dash off letters to various authorities. It was Rubab who filed habeas corpus petition before the
Supreme Court, asking to produce the body of Sohrabs wife Kausarbi. And upon the inquiry
commissioned by the SC, three IPS officers along with 11 other cops from Gujarat and Rajasthan were
arrested in 2007 in this sensational case. Interestingly, it was in this inquiry that it was revealed that
Sohrab's encounter was an extra-judicial one and was a deep rooted conspiracy involving police from two
states. After the investigating agency CID Crime filed two chargesheets in this case last year, Rubab
expressed dissatisfaction over the investigation and alleged that Gujarat police was not so keen to book
all the guilty, rather the IO was trying to save certain guilty cops. After his objection, the trial court had to
extend the investigation period for three more months. Meanwhile, the SC stalled the trail in this case.
(Times of India 1/2/09)

CRPF men trigger tension in Orissa (1)
Bhubaneshwar: Tension prevailed in a village in Orissas troubled Kandhamal district on Sunday morning
after two villagers were allegedly beaten up by Central Reserve Police Force (CRPF) jawans stationed in
the tribal-dominated district since the anti-Christian violence in the district last year. Though phased
withdrawal of central forces deployed in the eastern state following the last years communal flare up has
already started since mid January, the CRPF companies are still camping in Kandhamal to help the state
police maintain law and order. Many riot victims in the backward district are still residing in government
run relief camps. According to a report reaching the state headquarters, the Sundays incident occurred
when two villagers of Paburia village in Raikia block of Kandhamal were going on the road near a make
shift CRPF camp in the village. For some reason, there was an altercation between a group of CRPF
jawans and the two villagers following which the two locals were allegedly roughed up by the security
personnel. As soon as the news of the incident reached the village, hundreds of villagers blocked the
local road demanding immediate closer of the CRPF camp in the area and arrest of the security
personnel involved in the incident. The angry villagers also forcibly closed the shops in the nearby
market. The situation was brought under control only after district officials reached the village and senior
CRPF authorities present on the spot apologised for the behaviour of the jawans. A case has been
registered in the local police station against two CRPF personnel.This is not for the first time such incident
has taken place in the riot hit tribal dominated district in recent months. In fact, Kui Samaj, a powerful
organisation of local tribals, had been demanding complete withdrawal of para-military forces from the
district. The Samaj had recently organised a Kandhamal bundh and one of their demands was immediate
removal of CRPF from the district. (Deccan Herald 2/2/09)

Malaysian watchdog to monitor brutality on Indians (1)
Kuala Lumpur (PTI): Concerned over increasing brutality and deaths in police lock-ups of ethnic Indians,
the Malaysian Indian Congress, the party representing the minority community, has set up a watchdog to
monitor such cases here. The decision to form the watchdog comes in the wake the death of a 22-year-
old ethnic Indian, A.Kugan, who was arrested in connection with a car theft and later died in police lockup
allegedly of abuse last month, New Straits Times said on Monday. The newly formed committee will
comprise seven lawyers and three representatives from non-governmental organisations, all members of
Malaysian Indian Congress' (MIC) Youth wing, Acting MIC Youth chief T. Mohan said the committee had
already begun compiling the details of the death of Kugan from the police and his family. The ethnic
Indian party noted that at least 80 Indians had died in police custody in the past eight years, the report
said. Kugan had been in detention on January 14 for investigation into his possible involvement in the
theft of several luxury cars. "These details will be contained in a memorandum to be submitted to the
inspector-general of police and deputy prime minister within a week or two. We want the police to take
action, including specialised training, to make its personnel more responsible for safeguarding human life
so there is no repeat of a case like Kugan's," Mohan said. The daily quoted him as saying that the police
and Home Ministry should re-open and thoroughly investigate every death in police custody. "The reports
of these investigations must be made public and action must be taken against the personnel involved to
restore public confidence in the police force," Mohan stressed. (The Hindu 2/2/09)

Supreme Court comes down heavily on custodial violence (1)
New Delhi (PTI): Warning that custodial deaths if left unchecked would lead to anarchy and barbarism,
the Supreme Court has called for stern measures to combat the menace as otherwise the people's
confidence in the country's criminal justice system will be destroyed. "Unless stern measures are taken to
check the malady of the very fence eating the crops, the foundations of the criminal justice delivery
system would be shaken and civilisation itself would risk the consequence of heading towards total decay
resulting in anarchy and authoritarianism reminiscent of barbarism," a bench of Justices Arijit Pasayat and
Asok Kumar Ganguly observed. The apex court passed the observation while dealing with the plea for
compensation filed by Dalbir Singh, an agriculturist whose 17-year old son was allegedly killed in police
custody in Noida in Uttar Pradesh. "Police excesses and the maltreatment of detainees/undertrial
prisoners or suspects tarnishes the image of any civilised nation and encourages the men in 'Khaki' to
consider themselves to be above the law and sometimes even to become a law unto themselves," the
bench said. According to the apex court custodial deaths violated Article 21 of the Constitution which
provides for "Right to Life and Liberty." (The Hindu 4/2/09)

Torture in custody is an affront to human dignity: apex court (1)
New Delhi: The Supreme Court has expressed serious concern over the increasing number of custodial
deaths and called upon the law-enforcing agency to take immediate remedial measures . A Bench
consisting of Justices Arijit Pasayat and A.K. Ganguly said: Custodial violence, torture and abuse of
police power are not peculiar to this country, but it is widespread The Universal Declaration of Human
Rights in 1948 which marked the emergence of a worldwide trend of protection and guarantee of certain
basic human rights stipulates in Article 5 that No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment. The Bench said: Despite this pious declaration, the crime
continues unabated, though every civilised nation shows its concern and makes efforts for its eradication.
If it is assuming alarming proportions, nowadays all around, it is merely on account of the devilish devices
adopted by those at the helm of affairs who proclaim from roof tops to be the defenders of democracy and
protectors of peoples rights and yet do not hesitate to condescend behind the screen to let loose their
men in uniform to settle personal scores, feigning ignorance of what happens and pretending to be
peace-loving puritans and saviours of citizens rights. The Bench said, Torture in custody flouts the
basic rights of the citizens recognised by the Indian Constitution and is an affront to human dignity. Police
excesses and the maltreatment of detainees/undertrial prisoners or suspects tarnish the image of any
civilised nation and encourage the men in khaki to consider themselves to be above the law and
sometimes even to become law unto themselves. The courts must, therefore, deal with such cases in a
realistic manner and with the sensitivity which they deserve, otherwise the common man may tend to
gradually lose faith in the efficacy of the system of judiciary itself, which, if it happens, will be a sad for
anyone to reckon with. In the instant case, petitioner Dalbir Singh was aggrieved over the death of his
son in Noida police custody. Instead of filing a case of murder under Section 302 IPC against the police a
case of 306 IPC (suicide) was filed as if the victim had committed suicide, he said. (The Hindu 8/2/09)

Man dies in police custody (1)
KAVALI (NELLORE DIST): Forty-year-old Yesupogu Ram Murthy, who was brought to the police station
for interrogation died in custody at Bitragunta police station on Thursday. According to the police, B.
Srinivas of Chenchulakshmipuram Tippa village lodged a complaint alleging Ram Murthy and auto driver
Hari committed theft of 30 bags of chilli. The police arrested the accused on Thursday afternoon and Ram
Murthy collapsed while during questioning. The police rushed him to Bitragunta hospital but the doctors
referred him to the Kavali government hospital where he was declared already dead.However, members
of the victims family allege that the police picked up Ram Murthy on Wednesday night and beat him
severely. They alleged that the victim died due to police beating and demanded action against those
responsible for the custodial death. When contacted, Superintendent of Police B. Malla Reddy said the
cause of death was not known immediately and the police are waiting for the post mortem report. A
departmental inquiry was ordered in to the custodial death . (The Hindu 13/2/09)

Moral police cause suicide in Mlore (1)
Bangalore, February 13, 2009: Humiliated in public for going out with a man from another community, a
15-year-old schoolgirl committed suicide in Elinje village, about 25 km from Mangalore. Ashwini, a Class
IX student of Pompei High School, hung herself from a ceiling fan at her home on Wednesday. The Corps
of Detectives (CoD), which deals with special cases assigned by the Karnataka government and the
Director General of Police, will probe the incident. On Tuesday, suspected right wing activists stopped
Ashwini, her classmate Mahadevi and Ashwinis bus conductor-friend Saleem (27), as they got off a bus
on the road leading to Belthangadi town, 40 km from Mangalore. Saleem fled and the men decided to
drop the girls. When they found out he was a Muslim, they informed the police, said superintendent of
police Sateesh Kumar. The police summoned Saleem to the police station, and, in the presence of
Ashwinis father Jaya Moolya, a driver in a private firm, warned the couple against meeting again. He was
also reportedly made to sign an apology letter. Police said Ashwini became friendly with Saleem during
her journey to school and back. As they were walking out, Ashwinis father slapped her, leading to a
commotion. Ashwini hung herself because of the humiliation. Following this, Moolya lodged a complaint of
rape and abetment to suicide against Saleem, who was arrested the same evening. A.M. Prasad,
Inspector General of Police, said: We have not received the post-mortem report so we cannot comment
on the rape charge. A top police officer said: This is a sensitive case. The CoD will probe every aspect,
including the political affiliations of the men who stopped the trio on the deserted stretch. (Hindustan
Times 13/2/09)

Gallows for Nithari butchers(1)
Ghaziabad: Businessman Moninder Singh Pandher and his domestic help Surendra Koli, the accused in
the infamous Nithari serial killing case, have been sentenced to death. The judgement was announced by
CBI special judge Rama Jain after completing the trial within 15 months. The designated CBI court had
on Thursday held both Koli and Pandher guilty of raping and murdering Rimpa Halder. This is one of the
19 cases related to serial killing of children in Nithari village of Noida, a satellite township of the national
Capital. Of the 19 cases, the CBI has filed chargesheets in 16 cases. In the chargesheets, the CBI has
given a clean chit to Pandher. However, the CBI court, on the basis of evidences produced before it, held
Pandher guilty of rape and murder in six cases. Announcing the judgement, the CBI special judge
sentenced Koli for seven years and fined him Rs. 20,000 under Section 201 of IPC for tampering with
evidence; death sentence and Rs 50,000 in penalty under Section 302 of IPC for committing murder; life
imprisonment and a Rs 20,000-fine under Section 364 of IPC for kidnapping; seven years in prison and
cash penalty of Rs 20,000 (Section 376 for rape) and seven years in jail and a fine of Rs 20,000 (Section
511 of IPC for making an attempt to commit an offence). Pandher has also been awarded the same
sentences and the same amount of fine has been imposed on him. The judgement was pronounced in a
packed courtroom. Earlier, the CBI special court had held Koli and Pandher guilty under Sections 364,
302, 376/511 and 201 of the IPC, with Pandher being convicted under an additional Section (120B).
While both were held guilty of rape, murder and destruction of evidence, Pandher was held additionally
guilty for conspiring with Koli in committing the crimes. Pandhers wife Devender Kaur and son Karan
Deep burst into tears and told him not to worry. But Pandher was so depressed that he just kept nodding
his head and reportedly told his family members that he wanted to die. The conviction of my father is a
national shame. You should be ashamed of being an Indian, Pandhers son said. Talking to the media,
he added, An innocent person is being convicted because of a media trial. Does the Indian judicial
system convict innocents and let the guilty go scot-free? Rimpa (14), daughter of Anil Halder, had gone
missing on February 8, 2005. The missing persons' report could be registered at the Sector-20 police
station of Noida only on July 20, 2005, after much running around by the hapless father. After realising
that children in Nithari were regularly going missing, social activists and NGO operators sought details
under the RTI. After receiving official confirmation from the Director General of UP Police that about five
children had gone missing from the village, the police on October 7, 2006 -- almost a year later --
registered a criminal case against Pandher and Koli. But due to the lax attitude of Noida police, the bones
and skulls could not be recovered from behind the D-5/Sector 31 residence of Pandher for another two
months. The discovery was finally made on December 29, 2006. After bones and skulls were recovered
in large numbers from near Pandher's residence, the case was handed over to the CBI on January 11,
2007. After almost four months, the agency submitted its chargesheet before the court in Ghaziabad on
May 19, 2007. But the CBI charged only Koli with the crime and let Pandher off all charges. It claimed that
when Rimpa was murdered, Pandher was away in Australia, even though there was no specific date for
her murder. On this ground, local lawyer Khalid Khan appeared on behalf of the Nithari victims and
submitted before the court that the investigating agencies had committed serious lapses deliberately to let
Pandher off the hook. He requested the court to recall the case diary of Noida police, in which the then
Circle Officer (CO) Dinesh Yadav had mentioned that both Koli and Pandher had signed on the recovery
memo of the bones, skulls and dupatta and that Pandher had confessed to the crime along with Koli. The
court, after taking cognisance of the case, summoned Yadav and sought his statement. Yadav confessed
that he committed an error in mentioning just one "accused" instead of "accused persons". A total of 39
witnesses testified in the case and final arguments were heard on January 30, 2009, after almost one-
and-a-half year of trial. The judgement was pronounced on February 12, 2009, and the quantum of
sentence on February 13, 2009. (Pioneer 14/2/09)

Centre working on law against torture (1)
New Delhi: Almost 11 years after it signed the United Nations Convention against Torture and other
Cruel, Inhuman and Degrading Treatment or Punishment, the Indian Government has finally initiated
steps to have a law to check torture by making it a punishable offence. Documents accessed by 'The
Indian Express' reveal that while the signatories to the UN Convention were only obliged to amend
prevailing laws to make torture a punishable offence, the Indian Government has decided to go the full
hog and bring in a new law providing for stricter punishment for those involved in incidents of torture. Not
only this, the Prevention of Torture Bill, 2008, which the Government has drafted also includes torture by
Government servants, including police officials, within the ambit of punishable offences. Under the
proposed law, public servants and others responsible for causing grievous hurt or danger to life, limb or
health of any person would be liable for being punished for torture. Incidentally, the draft legislation also
makes inflicting mental torture a punishable offence. Public servants torturing anybody for the purpose of
extracting information or extra-judicial confession from any accused would also attract penal action under
the proposed law. Torturing anybody on the ground of his race, religion, place of birth, residence,
language, caste and community would also be a punishable offence. The maximum punishment
prescribed for torture is 10 years, which, Government officials say, is among the highest in the world. "We
are hoping to give the necessary notice to the Lok Sabha Secretariat about our intention to introduce the
Bill in the ongoing Session itself. After that, it would a matter of timing before the law becomes a reality,"
said a senior functionary associated with the entire process. India signed the Convention in October
1997, but has not ratified the same despite repeated calls by human rights organisations and NGOs.
Ratification is necessary for appropriate changes to be made in the prevailing laws. Once ratified and a
new law is in place, it would enable institutions and authorities to be committed and be accountable to
tackle instances of widespread torture, especially in police custody. It would also make it mandatory for
the Government of India to submit regular reports to the UN on measures it has taken to implement the
convention. The convention also says that persons accused of torture would have to be extradited if an
extradition treaty has been signed by member countries. (Indian Express 17/2/09)

Andhra Pradesh records maximum number of custodial death cases (1)
New Delhi, Feb 18 (PTI) Andhra Pradesh has acquired the dubious distinction of recording the highest
number of custodial death cases in the country during 2005-07, accounting for more than 55 per cent of
such cases in the country. According to statistics from the Union Home Ministry, a total of 104 people
died in police lock-up and jails in the state during the three years period out of a total 188 such cases
countrywide. In 2005, 53 custodial deaths were reported from the state which was 65 per cent of 81 such
cases reported from the country. In the year 2006 again the state topped the chart with 28 such deaths
which were 56 per cent of the total 50 custodial deaths in the country. The state again accounted for
maximum custodial deaths in 2007 as 23 inmates died in the confines of jail or police lock-up when total
cases in the country remained at 57, according to the ministry figures. The state also fared poorly when it
came to prosecution and conviction of the accused in such cases. During 2005 and 2006 not a single
police personnel was chargesheeted or prosecuted for the custodial deaths, the statistics reveal. In 2007,
only two police personnel were chargesheeted but no conviction took place. PTI (PTI 18/2/09)

Teenager charges Haryana SHO with rape(1)
ROHTAK: In what would turn Haryana's men in khaki scarlet in embarrassment, a teenager has alleged
she was raped twice by an SHO, Sadhu Ram, at a police station recently. The girl, a resident of
Mahendergarh, accused the cop of violating her when she was at Mahendergarh Sadar police station
upon being rescued after an alleged abduction and rape by three unidentified men earlier. The 'victim'
also claimed Sadhu Ram had warned her against reporting the matter. According to the girl's father,
Narayan Singh, two unidentified youths abducted her on February 9 and took her away in a car when she
had gone to the market with her sister. He claimed at having lodged a complaint with Mahendergarh
Sadar police station about her kidnapping. On late February 13, cops reportedly informed Narayan Singh
that the girl had been found at railway station. However, when they reached the police station, the parents
of 'victim' were told she would have to stay for a medical examination and that they could take her home
the next day. On February 18 - four days after she was located - the girl reportedly told her parents she
had been raped twice by SHO Sadhu Ram during the night of February 13, and that she could not
disclose this in front of the court on February 14 because the cop had allegedly threatened her of dire
consequences. Police sources told TOI prima facie it seemed the girl was concealing facts and trying to
falsely implicate the SHO. "Acting on her statement recorded under Section 164 CrPC, the girl was taken
to an undisclosed location by three abductors and repeatedly raped for three days. Later, she said they
dumped her at Gurgaon, from where she reached Mahendergarh on her own," DSP (Hq) Mahendergarh
Ram Ratan told TOI. The DSP added, "Her medical examination has confirmed rape and we have
registered a case under Sections 376 (rape) 364 and 364 (kidnapping). The girl has not disclosed
kidnappers' names. Four days after she was united with her family, she levelled charges against an
SHO." He, however, said Sadhu Ram had been transferred to police lines and an inquiry has been
initiated in the matter. "We will take appropriate action if the charges are substantiated. However, in case
the accusations turn out to be false, we can book the girl too. So far, no FIR has been registered on her
charges," the cop said. (Times of India 22/2/09)

J-K killings: Murder case against Army, curfew in town (1)
Srinagar: Even as Jammu and Kashmir Government ordered a magisterial enquiry into the firing incident
in Sopore town in which two youths were killed and another critically wounded, police registered a murder
case against army in this regard. Police station Sopore registered an FIR 73/09 under section 302 against
the army, police sources said. The Army has also ordered an enquiry into the incident that occurred last
evening. "An enquiry has been ordered into the incident to identify the facts," an army spokesman said.
Police said the situation in the town was "tense" but under control after Mohammad Amin Tantray of
Bomie-Sopore and Javid Ahmad of Muslimpeer-Sopore were killed and Firdous Ahmad was critically
injured in the firing. Official sources said prohibitory orders under section 144, promulgated last evening in
the town, continue to be in force but locals allege that curfew has been imposed there and citizens are not
being allowed to move out of their houses. Chief Minister Omar Abdullah, who is currently on a three-day
tour of the twin border districts of Rajouri and Poonch ordered a magisterial enquiry into the incident and
asked for the report to be submitted within 15 days.While locals allege Army personnel moving in a bullet-
proof vehicle resorted to firing at a place near a local bus stand without any provocation, the Army said
militants in combat dress opened fire to escape from security forces. The incident sparked off massive
protests in the town last evening following which paramilitary forces opened fire at the agitators, injuring
five people, official sources said. DIG North Kashmir Abdul Gani Mir yesterday said, "We are investigating
the nature of the incident as people complained that Army opened fire while Army says the casualties
occurred in crossfire after a militant opened fire on them. We are investigating what actually happened."
Col Sanjeev, Commander of 22 Rashtriya Rifles said, "Our trooper was searching vehicles in the area.
Two militants wearing 'pheran' (loose gown worn by Kashmiris during cold) refused to alight from a
vehicle. When the trooper asked them to raise their hands they opened fire killing two persons." Mass
protests in J-K town over youths killing, curfew imposed. Curfew was imposed in Sopore town in north
Kashmir that witnessed massive protests after two youths were killed and another was wounded in a
firing incident even as a case was registered against the army in this regard. (Indian Express 23/2/09)

Custodial death rumour sparks mob fury in UP (1)
Kanpur, February 23, 2009: An incensed mob of nearly 2,000 people thrashed two policemen, blocked
roads and pelted stones at vehicles near their village 25 km south of Kanpur on Sunday. Mob fury broke
out after word got around in Kukardev village and surrounding areas that policemen from the nearby
Bithoor police station had beaten middle-aged poultry farm caretaker Gajraj Singh to death for refusing to
give chickens to the policemen free of cost. Singh's body was found near the village by commuters on
Sunday morning. The villagers anger subsided after senior police and administration officials rushed to
the spot and told the mob that Singh had died in a road accident. Deputy inspector general of police Hari
Ram Sharma told HT, The allegations of custodial death are false. A man identified as Gajraj Singh, who
worked at a poultry farm as a caretaker, had hired his neighbour Govind Singh's tempo to travel last night.
Gajraj, who was sitting in the rear passenger seat in the tempo had his skull smashed due to a collision
with a truck at Mandhna crossing. District Magistrate (DM) Anil Kumar Sagar said, I have instituted a
magisterial inquiry into the matter. It would be conducted by sub-divisional magistrate Sadar Raj Kumar to
ascertain the real facts behind the incident to avoid any controversy. The DM also said that the people's
allegations that Singh had died in custody were baseless. Rajvati Devi, an eyewitness told HT, Some
policemen including constable Ram Kishore Patel and Home Guard Ram Sajivan Bajpayee took Gajraj
Singh away when he refused to supply them chickens from the poultry farm where he worked. But later
his body was recovered on the street outside the Kukardev village, triggering panic in the area. When
Singh's body was found on a street outside the village on Sunday morning, the local residents' panic
turned into fury and spread to nearby villages. Within hours, hundreds of irate villagers gathered at
Kukardev and beat up the two policemen suspected of having beaten Singh to death in custody, blocked
the road and damaged vehicles. (Hindustan Times 23/2/09)

Cops suspended for protecting rape accused (1)
MALDA, Feb 22: MALDA, Feb 22: Malda police suspended two cops today on charge of holding a
reconciliation meeting to settle a case charging Mr Mohammed Sanaullaha ~ a local gram panchayat
member belonging to the CPI-M ~ of raping a minor. Meanwhile, Manichkak police are under trail for
attempted bribery, concerning Mr Baijul Hoque, one of eleven protesters recently accused of rioting and
murdering a woman. Mr Mohammed Sanaullaha has been accused of raping a minor girl last Wednesday
in her home at Ramchandrapur under Ratua police station area. On Wednesday evening, the relatives of
the victim began protesting, claiming that police and local leaders were unlawfully protecting the accused.
The outraged locals attempted to seize Mr Sanaullaha, but he managed to escape and is still at large.
The Malda superintendent of police had received several complaints from various quarters alleging that a
pair of officers ~ Mr Dilip Mohanta and Mr Dilip Roy ~ had refused to accept an FIR from the father of the
alleged rape victim. Instead, they were accused of holding a reconciliation meeting at Pukuria outpost,
under Ratua police station area in a bid to protect the accused, Mr Mohammed Sanaullaha, a CPI-M
member of a local gram panchayat. After receiving an inquiry report prepared by the circle inspector, the
Malda SP has begun departmental proceedings for the suspension of the two officers. The foiled cover-
up also allegedly involved several local leaders, accused of offering Rs 30,000 to the father of the victim
in return for withdrawing his complaints. Meanwhile, charges of corruption have been leveled against a
member of Manikchak police, concerning a case charging one Mr Baijul Hoque of rioting and attempted
murder of a woman. Mr Hoque, a Congress worker, had allegedly led a mob that had attacked Ms Pipi's
house on 2 Feb, 2009. Manikchak police officer Mr Bikash Bhadra reportedly phoned the accused, asking
him to bring Rs 10,000 to the police station in exchange for his acquittal. Mr Hoque recorded the call on
his cell phone and yesterday brought the matter to the attention of the Malda superintendent, Mr Satyajit
Bandyopadhyay, with the help of Congress MLA Mrs Sabitri Mitra. Terming the incident unfortunate, the
Malda superindent said: We must take action against the accused, based on the inquiry report.
(Statesman 23/2/09)

Lawyers seek judicial probe into unprecedented attack (1)
CHENNAI: The lawyer fraternity in the State has demanded a judicial probe by a committee of sitting High
Court Judges into unprecedented attack on the judicial institution, who are the ultimate guardians of the
rule of law and democracy. In a statement, Madras High Court advocates N.G.R. Prasad and S.
Ayyathurai, also called for the immediate transfer of the DGP and the suspension of Commissioner of
Police, Joint Commissioner of Police, Deputy Commissioner of Police and the Assistant Commissioners
of Police, who led the rampage. The advocates also sought interim compensation for victims of the
police action on February 19, which, they said would go down in the history of the Madras High Court, as
a Black Day. They contended that the police had taken advantage of a scuffle with a few lawyers, who
had protested the arrest of advocates who had gone to register an FIR against Janata Party president
Subramanian Swamy, to launch a pre-planned rampage on the High Court premises. The Chief
Justices subsequent efforts to contact the Commissioner while around 500 steel-helmeted policemen
were beating up everyone in sight went in vain. Challenging the claim of the DGP and the Commissioner
that everything was done according to law, lawyers pointed out that the acting Chief Justice of the
Madras High Court had categorically stated that he had not permitted the police to enter the campus. The
lawyers also have questioned the nature of the lathi charge as the motive seemed to be not to disperse
the crowd but to break the heads and limbs of every lawyer in sight. Since the incident amounted to
an assault on the judiciary, the lawyers urged the institution to take immediate safeguards. The police
officers involved should not be allowed to continue in office till the judicial inquiry is over, as their
continuance would be against the public interest (The Hindu 25/2/09)

Move to scrap armys special powers in J&K (1)
Jammu, February 25, 2009: The Peoples Democratic Party (PDP), led by Mehbooba Mufti, has moved a
resolution for the withdrawal of the Armed Forces Special Powers Act on the eve of the budget session of
the Jammu and Kashmir assembly. The budget session will commence on Wednesday at a time when
the Valley is back to protests, clashes and anti-India demonstrations, following the recent killings of
civilians in Sopore allegedly by the army and the murder of a relative of Jammu and Kashmir Liberation
Front leader Yasin Malik. The PDP MLA from Darhal, Choudhary Zulfkar Ali, moved a private member
resolution for the withdrawal of Armed Forces Special Power Act from the State of Jammu and Kashmir
to prevent killings of innocent citizens at the hands of security forces. The Act was introduced in Jammu
and Kashmir in July 1990 at the time when militancy was at its peak. The PDP raised objections to the
Act in the House in early 2007, when it was part of the ruling alliance with the Congress. But then Chief
Minister Ghulam Nabi Azad of the Congress described the move as running with the hare and hunting
with the hounds. In protest, the PDP surrendered the security cover of its top leaders, including Mufti
Mohammad Sayeed and Mehbooba Mufti. But now, Chief Minister Omar Abduillah of the National
Conference, who has been feted as the youngest CM of the state at 38, will have to face the first major
test of his political career in the assembly. The scrapping of the Act puts the National Conference in a
dilemma. For, twice during the budget sessions in 2006 and 2007, the party had stalled the proceedings
demanding action against soldiers for killing four children and civilians in fake encounters. (Hindustan
Times 26/2/09)

Gujarat police encounter 23 in 4 years: State govt (1)
GANDHINAGAR: Gujarat police have killed 23 persons in police encounters in last four years, said the
state home department in a reply to an 'unstarred' question in the state assembly on Thursday. The
government said that four persons were killed by Ahmedabad police between July 1, 2005 to June 30,
2006 while Valsad police bumped off seven persons in encounters between July 11, 2004 to June 30,
2006. State's Anti terrorist Squad (ATS) killed one person Sohrabuddin in an encounter in 2006, it said.
The state home department also cited reasons why the people were killed in encounters and nature of
cases the accused were facing. In the case of Sohrabuddin, the state government has stated that he was
killed by the ATS officials because he was associated with "terrorist activities." In other cases, the state
home department said that those who have been killed in encounter had either tried to assault police
officials or tried to run away from the police custody, which led to their killing. Interestingly, in the case of
Sohrabudding, the state government, in its affidavit in the Supreme Court, has admitted that it was a case
of "fake encounter" and around 15 policemen including three IPS officials have been arrested and are
behind the bars for staging a "fake encounter." (Times of India 27/2/09)

Two petitions filed seeking punishment, compensation for alleged killings by police (1)
IMPHAL, Feb 28: Two writ petitions were filed by Nongmaithem ongbi Nina Devi and Ningthoujam ongbi
Maimu Devi before the Gauhati High Court, Imphal Bench for giving direction to the respondents, the
state government and DGP, Manipur and others to pay adequate compensation as well as to prosecute
the personnel who were involved in the killing of two innocent civilians after arrest in different incidents. In
connection with the two writ petitions filed at the Gauhati High Court, Imphal Bench, senior advocate
Khaidem Mani who is also reporting on behalf of the petitioners held a press conference today at the
Cheirap Court and also briefed on the two cases. The first case relates to the killing of one Nongmaithem
Michael Singh, aged about 35 years, son of late N Jayantakumar Singh of Keishampat Keisham Leikai,
Imphal. The brief fact of the case is that on November 4, 2008 in the evening at around 3 pm
Nongmaithem Michael Singh had gone out after getting a phone call. Thereafter, at 3.32 pm he had
informed his wife, the petitioner, over mobile phone that he was apprehended by police commoandos
from Wahengbam Leikai area and further asked the petitioners to make necessary arrangements to
secure his prompt release. On the same day, Nongmaithem Michael Singh was killed in a fake encounter
by the police commandos at Yen Gas Bring, Kameng under Lamsang police station. Subsequently, one
sub-inspector, K Bobby Singh of Manipur police commandos had lodged a false report which the officer
in-charge, Lamsang police station that one suspected KCP(MC) was killed in an encouter at Yen Gas
Bring, Kameng on November 8, 2008. The petitioner had submitted an application to the chief minister
Manipur and the director general of police, Manipur demanding justice and to register a criminal case
against the police commandos personnel for killing late Nongmaithem Michael Singh in a fake encouter
after arrest. Further, the petitioner asked for handing over of the investigation of the case to the Central
Bureau of Investigation (CBI) for proper investigation. The act of killing after arrest of Nongmaithem
Michael Singh by the personnel of Manipur police amounted to violation of right to life enshrined in Article
21 of the Constitution of India, the petitioner said. The other case relates to Binoy alias Khaiba, aged
about 26 years, a bachelor from Keirenpaibi Mayai Leikai, police station Mamang Bishnupur district. The
brief fact of the case is that on November 13, 2006 i.e. two years from now at around 4.30 pm one
Ningthoujam Binoy came out from the Central Jail, Sajiwa and he was received by his relatives in a Maruti
van at the jail. While crossing Chairenthong they were stopped by police commandos and he was killed.
The Lamlai police station had filed an FIR case in the matter.After hearing from both sides the division
bench of the Gauhati High Court, Imphal served notice to pay adequate compensation as well as to
prosecute the personnel involved in killing of the two innocent civilians. (Kangla online 1/3/09)

Omar for early end to Armed Forces Act (1)
JAMMU: March 2: Chief minister Omar Abdullah on Monday maintained that the coalition government
would certainly take steps to scrap Armed Forces (Special Powers) Act "as and when the situation
improves in the state".He also announced that for dialogue, the doors were open for both the separatists
and militants. "Were approaching every section. Our approach is talk to us, New Delhi and Islamabad.
We only want that the role of guns should end. This is possible only if we try to resolve all issues with the
dialogue," the chief minister stated. Mr Omar averred that Congress and NC would fight LS polls together
yet they had yet to hold talks about seat-sharing arrangements. Meanwhile, Mr Omar said that relations
between India and Pakistan should improve so that "complete normalcy" returns Jammu and Kashmir. "I
hope relations between India and Pakistan improve in the near future so that complete normalcy returns
here," Mr Omar Abdullah said while inaugurating a two-day ski event. On the question of reports about
Sajjad Lone contesting LS polls, Mr Omar maintained, "This is a speculation so far. Yet anyway if any of
the separatist leaders contemplates to contest and join the electoral fray, this would be a healthy sign."
(Asian Age 3/3/09)

Another custodial killing case filed with HC (1)
IMPHAL, Mar 3: Two writ petitions were filed by Mutum Ongbi Rani and Mutum Ongbi Ibecha respectively
before the Guahati High Court, Imphal Bench for giving direction to the respondents, the state of Manipur,
DGP and SP, Imphal east to pay adequate compensation as well as to prosecute the errant personnel of
the Manipur police commandos involved in the killing of two persons named Mutum Herojit Singh and his
cousin Mutum Rajen Singh on October 14, 2008. The writ petitions were moved by Khaidem Mani Singh,
a senior advocate, for the petitioners today before the Guahati High Court, Imphal Bench. In connection
with the case, Khaidem Mani Singh called for a press conference at Cheirap Court today.Explaining the
case according to the version given by the petitioners, he said that on October 14, 2008 in the evening at
around 2 pm Mutum Herojit Singh had gone from his house riding a Kinetic Honda saying he would edit
his sons Nahutpa ceremony video recording at Chingmeirong. On his way to Chingmeirong he was
accompanied by one of his cousins, Mutum Rajen Singh.They were in the video editing studio at
Chingmeirong till 5 pm. On the same day, Mutum Herojit and his cousin Mutum Rajen Singh were
arrested from the road near LMS Law College and subsequently they were killed in a encounter by the
police commando at Lambui Lambel under Porompat police station. Subsequently, sub-inspector P
Achouba Meitei of Manipur police commando lodged a false report with the officer-in-charge, Porompat
police station to the effect that they were killed in an encounter at Lambui Lambel On October 24, 2008
Mutum Kumar Singh, the father of deceased Mutum Herojit singh had submitted an application to the
director general of police, Manipur demanding justice and to take up necessary action including direction
to the concerned police station for drawing up an FIR for custodial killing.On October 15, 2008 a post
mortem examination was carried out on the dead bodies of late Mutum Herojit Singh and Mutum Rajen
Singh at the mortuary of RIMS in Imphal.On January 3, 2009 Mutum Kumar Singh also lodged a formal
written report with the officer-in-charge of Porompat police station. However, the concerned police officer
submitted the same to the superintendent of police, Imphal east along with an application.The act of
killing after arrest of Mutum Herojit and M Rajen Singh by the personnel of Manipur police commandos
amounted to violation of rights to life enshrined in Article 21 of the Constitution of India, the petitioners
claimed.After hearing the counsel for the petitioner, Khaidem Mani, the division bench consisting of
Justice Maibam BK Singh and Justice AC Upadhyay passed an order issuing notice of motion to the
respondent returnable within four weeks. (Kangla Online 4/3/09)

Custodial death: Jail term upheld for cops (1)
NEW DELHI: Three policemen who burnt a man to death in police custody 29 years ago, were packed off
to jail by the Delhi High Court on Friday, after it upheld the lower court life term awarded to them. A Bench
comprising Justices V B Gupta and B D Ahmed relied on the dying declaration of of the deceased
Laxman Singh who had said that the officials had in August 1980 poured kerosene and set him afire. "The
accused with predetermination put the deceased on fire knowing fully well that this would result in his
death. All the three appellants have been rightly convicted by the trial court and the present appeal is not
sustainable and the same is thereby dismissed,'' the court said while agreeing with the conviction
awarded to the trio by a lower court. The Bench also directed the police to immediately take all the three
convicts head constable Narendra Kumar, constables Vijay Kumar and Om Prakash who are out on bail,
in custody. According to the the prosecutor M N Dadwal, the victim Laxman Singh was picked up by the
convicted officials from a railway station on August 1, 1980 and was illegally confined at a police post for
five days. He was beaten black and blue in order to extract confession from him in connection with theft
cases. On August 5, as the victim sat after eating his lunch in the lock up, the accused cops led by
Narendra Kumar poured kerosene on him while Prakash and Vijay set him ablaze. HC brushed aside the
defence of the cops that the dying declaration was a fabricated one as it had not been signed and
therefore couldn't be relied upon to convict them. "We can't loose sight of the fact that this dying
declaration was recorded by a judicial officer who is an independent person and whose job is to
administer justice,'' HC pointed out. (Times of India 6/3/09)

Burglary suspect dies in Warje police custody (1)
PUNE: The death of a burglary suspect in the lock-up of the Warje Malwadi police station in the wee
hours of Saturday triggered protests from Dalit organisations, who demanded an investigation into the
matter. The state criminal investigation department (CID), Pune, has taken over the investigation into the
death, following directions from the National Human Rights Commission. The CID has seized the lock-up
register, station diary and case papers from the police station. The post-mortem report has described the
cause of death as traumatic shock and multiple blunt injuries, said Ajay Tawre, in charge, forensic
science department of Sassoon hospital. The viscera has been preserved for further investigation, he
added. The suspect, Amol Raghunath Kuchekar (28) of Surbhi colony in Warje, was allegedly caught red-
handed by people while attempting to commit a theft in Tejowalay society, Warje, late on Friday night.
Deputy commissioner of police Raghunath Khaire (zone I) told TOI that Kuchekar was beaten up by
members of the public before his arrest. "The suspect was taken to his residence for a search. Later,
when he was brought to the police station, he started vomiting. He was immediately taken to the Sassoon
hospital, where he was declared dead on arrival," he said. Some Dalit organisations, however, alleged
that Kuchekar was beaten up by the police. They submitted a memorandum to the district collectors
office demanding a probe. They also demanded that a case be registered against the policemen
concerned. Sub-inspector Nilkanth Jagtap, who had arrested the suspect, said, "On Friday night, we
received a call from society members that they had locked up a suspect in the flat of one Mandar Pathak
on the fourth floor. We immediately went to the spot. After seeing the police, Kuchekar jumped into the
balcony of another flat on the third floor, but he was caught by the public and handed over to us." (Times
of India 9/3/09)

Magisterial probe ordered into custodial death (1)
PUNE: Four days after Amol Raghunath Kuchekar (28) died in the custody of Warje Malwadi police,
district collector Chandrakant Dalvi on Tuesday ordered a magisterial probe into the incident. Kuchekar's
death sparked off protests from Dalit organisations in the city who have been demanding that a murder
case be registered against the policemen and members of the public involved in his death. Dalvi said
after perusing the FIR and other papers sent by the city police commissioner late on Monday night, "I
came to the conclusion that Kuchekar's death took place while he was in custody and hence, I have
ordered a magisterial inquiry into the incident". "I have directed sub-divisional magistrate Jayashree
Katare to conduct an inquiry and submit a report at the earliest," Dalvi told TOI. Dalvi said in his capacity
as district magistrate, he was empowered to order an inquiry under the relevant sections of the Code of
Criminal Procedure. In the meantime, the state CID has taken over investigations into the death, following
directions from the National Human Rights Commission. The CID has seized the lock-up register, station
diary and case papers from the police station. The post-mortem report has stated that the death took
place due to traumatic shock and multiple blunt injuries, Ajay Tawre, in charge, forensic science
department of Sassoon hospital, said. The viscera has been preserved for further investigation, he added.
Kuchekar of Surbhi colony in Warje was allegedly caught red-handed by people while attempting to
commit a theft in Tejowalay society, Warje, late on Friday night. Deputy commissioner of police
Raghunath Khaire (zone I) told TOI that Kuchekar was beaten up by members of the public before his
arrest. "The suspect was taken to his residence for a search. Later, when he was brought to the police
station, he started vomiting. He was immediately taken to the Sassoon hospital where he was declared
dead on arrival," he said. (Times of India 11/3/09)

Fine cannot substitute custodial sentence in rash and negligent driving: SC (1)
NEW DELHI: Disturbed by increasing fatalities on roads, the Supreme Court in a landmark judgment
ruled that in cases of rash and negligent driving resulting in deaths, courts should not adopt a lenient
approach and substitute custodial sentence with fine. Fearing that the rich and mighty may get away in
road rage and rash and negligent driving cases, the apex court said the provision in penal laws
prescribing jail term could not be bartered away by allowing a convict to walk free after paying a hefty
fine. The ruling came in a rash driving case against a bus driver. A 16-year-old had died because of the
bus hitting an auto-rickshaw in which he was travelling. The trial court convicted him under Section 304A
of Indian Penal Code and imposed a sentence of one year imprisonment and a fine of Rs 5,000.
However, the Karnataka High Court allowed the driver's appeal by increasing the fine amount in lieu of
doing away with the jail term. Allowing the appeal of Karnataka government against the HC order, a
Bench comprising Justices Arijit Pasayat and A K Ganguly said, "This is a case where the HC has without
considering the relevant aspects and even without indicating any reason, waived the custodial sentence
and imposed only fine. The judgment therefore is clearly unsustainable. The HC order is set aside and
that of the trial court is restored." The Bench, perturbed by rising fatalities in road accidents, said, "As
vehicle use in developing countries are increasing, road traffic injuries are expected to become the third
leading cause of death and disability worldwide by 2020." "The human toll in such accidents is tragic.
Survivors and family members are affected not only by an immediate death or disability, but also lifetime
psychological and physical suffering. Crashes often result in orphans, and some victims, as young as
infants, spend the rest of their lives with medical help," said Justice Pasayat, writing the judgment for the
Bench. Referring to the global estimated annual cost of road crashes, pegged at $500 billion, the Bench
said India needed to quickly find a solution to this menace and could take cue from the tools developed
by developed countries. However, the apex court said undue sympathy to persons indulging in rash and
negligent driving resulting in deaths would prove counter-productive. "Imposition of sentence without
considering the effect on the social order in many cases may in reality be a futile exercise... Any liberal
attitude by imposing meagre sentences or taking too sympathetic a view merely on account of lapse of
time in respect of such offences will be, result-wise, counter productive in the long run and against social
interest which needs to be cared for and strengthened by a string of deterrence inbuilt in the sentencing
system," it said. (Times of India 17/3/09)

Custodial death: CID yet to fix blame (1)
PUNE: The onus of proving who is responsible for the death of Amol Raghunath Kuchekar (28) of Surbhi
colony in Warje has put the State Criminal Investigation Department (CID), Pune in a fix. The residents
of Tejowalay society in Warje have refuted allegations that they had beating Kuchekar after he was
nabbed by them on March 6. The residents in their statements given to the CID refuted the allegations of
the Warje Malwadi police that they had severely thrashed Kuchekar before handing him over to sub
inspector Neelkant Jagtap. Kuchekar, whose involvement had been suspected in a spate of thefts at
Tejowalay society, was later handed over to sub inspector R R Shelke. However, he died in police
custody the next day. Deputy commissioner of police (Zone I) R S Khaire had suspended Shelke for not
providing timely medical treatment to Kuchekar. On Tuesday, CID deputy superintendent of police (Pune
unit) D S Dhokle said that he has recorded the statements of 25 to 30 persons, including the policemen
and residents of the society. But all of them claimed that they had not beaten Kuchekar. The CID had
received an advance medical report on Kuchekar's post-mortem from the Sassoon general hospital after
it took over the investigations from the Warje Malwadi police in view of the guidelines laid down by the
National Human Rights Commission. The hospital had also submitted a detail post-mortem report to the
district collector. The CID has now written to the collector to provide them with a copy of the post-mortem
report for conducting further investigations, Dhokle said. After examining the post-mortem report and
based on the investigations, the CID will fix the liability on those responsible for causing Kuchekar's
death, Dhokle added. The CID has decided to expedite the investigations as the incident had sparked off
protests. The city-based Dalit organisations have submitted a memorandum to the collector, demanding
action against the policemen and members of the public who are responsible for Kuchekar's death. The
collector has directed sub-divisional magistrate Jayashree Katare to conduct an inquiry and submit the
report at the earliest. (Times of India 18/3/09)

Jail atrocities case: Officials to submit report (1)
AHMEDABAD: After relatives of serial blasts accused vehemently demanded for immediate remedial
measures to protect their kin in the Sabarmati Central Jail, metropolitan magistrate GM Patel has
scheduled a hearing on Wednesday. Relatives of 22 inmates lodged in central jail filed 12 more
applications in the court demanding medical treatment be given to the accused who were allegedly
beaten up by jail staff on March 27. In various applications, they have alleged that accused had informed
them about the ill-treatment by authorities last week. Applicants added that jail authorities are now not
even allowing them and lawyers to meet accused. This is because if a meeting takes place, jail staffers
will be exposed. Relatives have urged court to order jail authorities to produce the blasts accused before
court or allow them to meet accused in jail. On Monday, court asked jail authorities to submit a report
about this on Wednesday. Magistrate, on Tuesday, told applicants that the court will take further action
only after getting the report. (Times of India 1/4/09)

Prime suspect claims police torture, court asks jail chief to explain (1)
Soumya murder accused refuses identity paradeNew Delhi: After the prime accused in the murders of
Soumya Vishwanathan and Jigisha Ghosh alleged torture by the police in Tihar Jail, a city court on
Wednesday asked the jail superintendent to appear before it and explain the alleged injuries. Ravi
Kapoor, who the police claim pulled the trigger on journalist Soumya Vishwanathan, had alleged physical
abuses leading to a fracture in his leg. On Wednesday, Additional Chief Metropolitan Magistrate Kiran
Bansal asked the Tihar Jail superintendent to be present on Saturday and furnish requisite medical
reports. A showcause notice (should) be issued to the concerned jail superintendent who is directed to
appear in person to explain as to why action should not be taken against him for not complying with the
direction of the court, said the judge, upset over the officials failure to adduce the medical report on
Wednesday. Meanwhile, another court dealing with the Jigisha Ghosh murder case remanded Ravi
Kapoor, Amit Kumar Shukla and Baljit Malik to two days of police custody after the investigators put in
request for custodial interrogation. The police said their interrogation was required to recover various
objects, including the debit and credit cards of BPO executive Ghosh that the accused allegedly used to
withdraw money and make purchases. (Indian Express 2/4/09)

Constable arrested for raping girl after promise of marriage (1)
Ahmedabad: Rajendrasinh Gohil (30), a constable with the state police, was arrested on Wednesday for
allegedly raping 27-year-old daughter of a late policeman several times over the last five years. According
to the Amraiwadi police, Gohil, who is posted at the Gadhda police station in Bhavnagar, had been raping
the victim reportedly by promising to marry her. Gohil and the victim stayed at the Amraiwadi police line
here and had physical relationship, said Inspector B L Rathod, who is also the Investigating Officer in the
case. Rathod added: During his stay in Ahmedabad, Gohil would take the victim to several guest houses
and shabby hotels, and force the victim to have physical relations with him. The victim, who was hopeful
of Gohil marrying her, later, came to know that the constable had already got engaged in February this
year, and that he would tie the knot soon. This followed her filing a complaint against Gohil, Rathod
said. A complaint of rape has been registered under Section 376 of the Indian Penal Code and the police
are waiting for the medical and forensic reports to take further action. Gohil is likely to be produced before
a local court soon, the police said. (Indian Express 2/4/09)

Custodial death: CID on hunt for PI, five cops (1)
PUNE: The state criminal investigation department (CID), Pune, has launched a manhunt in search of
sub-inspector R R Shelke and five policemen of the Warje police station in relation to the alleged
custodial death case of Amol Raghunath Kuchekar (26) of Surbhi colony in Warje. Sub-inspector Shelke
and the five policemen have been untraceable after they were booked by the CID under section 302 and
331, read with 34 of the Indian Penal Code in the case. The CID has formed five special teams headed
by three deputy superintendents of police and two police inspectors, said deputy superintendent of police
D S Dhokle. "All the policemen booked in the case live in the jurisdiction of the Shivajinagar, Warje,
Deccan Gymkhana and Samarth police stations. All of them have been missing since Friday. We have
given it in writing to the in-charge of these police stations that the policemen be arrested," Dhokle said.
(Times of India 5/4/09)

Custodial death case: Missing policemen obtain anticipatory bail (1)
PUNE: The six absconding police personnel in the Amol Kuchekar custodial death case obtained interim
anticipatory bail from the district and sessions court on Tuesday. The six policemen, including sub-
inspector Ramdas Rajaram Shelke, head constable Ramchandra Kore and constables Dattatraya Narale,
Atul Menge, Prashant Pawar and Mahesh Kutal, however, did not appear in the court, but moved the bail
applications through their lawyer. Additional sessions judge S P Hayatnagarkar granted bail to the
policemen till further orders, while imposing stringent conditions on them. The order said that the
policemen, if arrested, should be released on bail on executing a solvent surety of Rs 20,000 each, with
one or two sureties and personal bond of the like amount. The judge has warned the policemen not to
tamper with the prosecution's evidence and/or threaten the witnesses in the case. The policemen have
been directed to make themselves available for investigations and report at the CID office daily, between
1 pm and 3 pm, till the investigation is completed. They have been further directed not to leave the city
without obtaining the court's permission. The judge has directed the public prosecutor to produce the
case papers on April 16. The policemen moved their bail applications through their lawyer Sudhir Shah as
they apprehended arrest. Shah told the court that custodial interrogation of the policemen was not
needed as Kuchekar was severely beaten up by a mob of over 200 people before being handed over to
the police. Citing the arrest panchnama report, Shah submitted that Kuchekar had said that the people
had severely thrashed him and had beaten him up with sticks. Shah argued that Kuchekar's statement
should be treated as a dying declaration and that the policemen had rushed Kuchekar to the Sassoon
general hospital after he started vomiting at the police station, but died on the way to the hospital. Shah
contended that the victim's father, Raghunath, in a statement before the tahsildar had said that he did not
hold any person responsible for his son's death. He pointed out that the CID, which is probing the matter,
had not registered any case against the policemen on behalf of the state government. The lawyer said the
victim's wife, Madhavi, who had registered a case against Shelke and others after a gap of 27 days of the
incident happening, had not given any explanation as to why she had not registered the case immediately
after Kuchekar's death. Shah said the CID had seized the documents and had even recorded statements
of the policemen and, therefore, their custodial interrogation was not necessary as nothing was to be
recovered from their possession. Sections 302, 331, read with 34, of the IPC invoked against the
policemen were not applicable in the case as they had no intention to commit Kuchekar's murder and
there was no question of further recording statements from the victim as he was dead. The policemen's
action were protected under section 197 of the Code of Criminal Procedure, Shah added. When
contacted, CID deputy superintendent of police D S Dhokale, who is investigating the case, told TOI that
he would oppose the bail pleas of the policemen during the next hearing. (Times of India 5/4/09)

Jail inmates create ruckus over mate's death (1)
VARANASI: The death of a prisoner led to chaos at the Central Jail on Monday morning and the police
had to face the ire of jail inmates when they reached there to send the body for post-mortem. Later,
heavy police force was called to normalise the situation. According to reports, Mohd Asif (37) and Mohd
Nisar, the natives of LDA Colony Lucknow who were awarded lifer in a murder case, were lodged at the
first floor of barrack number five of circle-I of the Central Jail. It was reported that Asif had some
complication in his chest due to which he was taken to the jail hospital three days back. The doctor there
gave him some medicine. But, on Sunday night, he died of cardiac arrest. After which, the jail inmates
went on a rampage. The police also had to face their ire when they reached the jail to take the body for
post-mortem. Sensing the gravity of the situation, the jail authorities reported the matter to SP City Vijay
Bhushan and ADM City AK Rai, who reached there with heavy police force. After listening to the
demands of the prisoners sympathetically, Rai said a magisterial probe had already been ordered in the
matter of custodial death. He said if it was proved that the doctor of the jail hospital had performed laxity,
stern action would be taken against him. Though, the situation normalised in jail premises after the
reassurance, a group of prisoners boycotted lunch. (Times of India 14/4/09)

Probe into Batla encounter must: NHRC to HC (1)
NEW DELHI: The National Human Rights Commission on Wednesday claimed it wasn't casting doubts
on the Batla House encounter, but wondered how a magisterial probe into it would affect morale of the
Delhi Police. Informing the Delhi High Court that a magisterial probe into the controversial Batla House
encounter is a "must'' NHRC said the government should not shy away from it, arguing mere holding of
the inquiry does not mean the encounter is fake. "We are not doubting the encounter. We are just seeking
to know what exactly happened and what kind of force the cops used. Was it necessary to shoot the
alleged terrorists or could they have been nuetralized by shooting on the leg and immobalizing them,''
argued the lawyer for NHRC adding that such an inquiry can't lower morale. The Commission's stand
came in response to arguments by the government, made at the previous hearing, that any inquiry would
demoralize the cops who had placed their lives on the line of fire. Appearing before a Bench headed by
chief justice A P Shah, the lawyer for NHRC contended that in a democracy, police is accountable for its
actions and no one can be granted immunity from facing such an inquiry which is necessary for restoring
public confidence in the system. "A magisterial inquiry is must not only in this case but in all such cases
(encounter cases). The NHRC is a statutory body and its guidelines ought to be treated as mandatory for
the government, the advocate claimed. Referring to NHRC's guidelines, she argued a magisterial inquiry
"must invariably'' be held in all cases of deaths which occur in the course of police action and no
exception should be made in this case. "Holding such inquiry does not mean that encounter is fake but it
is only to give a proper picture of the incident. What would happen to the sanctity of the guidelines?
Today, the government is not following in Batla House encounter case, tomorrow there may be other
cases,'' the commission argued before HC, urging it to order an NHRC led magisterial inquiry into the
incident. The NGO, `Act Now For Harmony' on its part however, insisted that only a judicial inquiry could
clear doubts on the authenticity of the encounter, arguing that executive magistrates were also after all
government employees while the government has already declined to order an inquiry. (Times of India
15/4/09)

Fresh tension erupts in Nandigram (1)
NANDIGRAM, April 16: With the Lok Sabha elections round the corner, fresh tension gripped Nandigram
last night when a team of Nandigram police raided the house of a Trinamul Congress worker Mr
Chittaranjan Ray at Southkhali. Hundreds of residents, including scores of women workers of the
Trinamul Congress launched an agitation this morning alleging that police had unleashed torture on the
women in the name of carrying out a raid in Mr Ray's house. Tension ran high this afternoon when
agitators started ransacking police vehicles. These vehicles had been parked by police on the Southkhali
road during their raids last night. Later, the protestors withdrew their agitation when police assured them
that they would conduct a probe into the matter. According to reports, Nandigram police had gone to Mr
Ray's house as he was accused in a case of abduction.Mr Subol Kajuli, a CPI-M cadre returned home on
7 March after Mr Kajuli was forced to relocate himself due to alleged torture by Trinamul workers. In
another development, Trinamul Congress workers alleged that the CPI-M cadres abducted four of their
workers from Khalia near Bhupatinagar police station area last night. Around 200 workers residing in
Harijanpalli, recently joined the Trinamul Congress after deserting the CPI-M. This infuriated the CPI-M
leaders, the Trinamul leaders alleged. (Statesman 17/4/09)

Cop-harassed man gets justice, but still feels threatened (1)
GUWAHATI, April 19 Unauthorised search operations in the houses of civilians, fabricated information
in general diary entry, physical assault and torture in the name of investigation and many contradictory
statements from police personnel during inquiry the humane face of the security personnel gets
distorted when such incidents come to light. The case of Biman Bose of Monabari Tea Estate of Sonitpur
district is one such example, where the Assam Human Rights Commission (AHRC), in its judgment and
order, has held the police personnel responsible for violating the human rights of the complainant and
ordered the Home Department of the Government of Assam to compensate Bose. Justice apparently
came to Bose after ten long years of battle in the AHRC but provided little relief to him. A sum of mere Rs
20,000, according to him, is hardly a compensation for the sufferings he and his family had undergone in
the past ten years. Bose, a former clerk in the Monabari tea garden under Ginjia police outpost under
Behali police station, addressed a press meet on Sunday at Guwahati Press Club, demanding
rehabilitation for him and his family. I cannot forget the ill-fated night of September 13, 1999, when a
group of youths, identifying themselves as police personnel, came to my quarters searching for illegal
arms. They ransacked my house, looted the valuables and dragged me out of my home in their Maruti
Gypsy. I was badly assaulted by them, complained Bose to the Commission. He was handed over to
Tezpur police station along with two pistols and .303 live cartridges. On the next day, his family members
lodged an FIR at Ginjia police outpost that Bose had been kidnapped by an armed group. After the
incident I had to endure a hellish experience at the police station and hospital, where I was medically
examined and also at the hands of the policemen. I was branded a robber and a terrorist belonging to
Bengali Tiger Force (BTF) because of my surname, Bose said at the press meet. Had I been a Bora,
they would have framed me as an ULFA member or if I were a Hussain, I would have been booked as an
ISI agent, he said. The AHRC, taking cognizance of the complaint petition, conducted an enquiry and
found that the commando battalion party of police along with some SULFA youths conducted an
unauthorised search in the house of Biman Bose and took him to Tezpur police station. The SP
(Investigation) Cell of the AHRC, AH Laskar also found that Bose was badly assaulted while he was
being taken to Tezpur PS, causing serious injuries. The alleged recovery of arms and ammunition from
the house of the complainant had also not been substantiated by the materials available on records.
Laskar also mentioned in his report that the police version regarding the search in Boses house by sub-
inspector of police Pabitra Kalita, the then incharge of Ginjia outpost along with a commando battalion
from Tezpur, and the seizure of arms had not been found true. Further, as to the allegation relating to
removal/destruction and substitution of the leaves of general diary entries of Ginjia outpost from
September 13, 1999, the Commission has recommended to the Director General of Police, Assam to look
into the allegation and take appropriate action as deemed fit in accordance with the law. Though the
AHRC has finally given me justice, yet I believe there is a threat to my life after I reveal everything to the
press. I want security and rehabilitation for my family, said Bose. (Assam Tribune 20/4/09)

Custodial death: accused remanded (1)
Kochi: Ernakulam Chief Judicial Magistrate K.A. Baby remanded in CBI custody for two days the two
police constables arrested in connection with the custodial death of Udayakumar at the Fort police station
in Thiruvananthapuram. The CBI charged the police constables with illegally confining Udayakumar in the
lockup and subjecting him to grave injuries. The CBI also alleged that they fabricated and falsified the
seizure mahazar. Investigation revealed that the police constables had found Udayakumar in suspicious
circumstances at the Sreekandeshwaram park on September 27, 2005. Udayakumar, who was in
possession of certain amount of money could not properly explain the source of the money. The police
constables took him into custody on suspicion that the money was stolen from somewhere. While in
custody, he died on September 29. The police constables Sreekumar and Jithukumar were charged with
offences punishable under sections 331(causing grievous hurt to extort confession), 348 (wrongful
confinement to extort confession), 466 (forgery of court record or public register) and 474 (using forged
documents as genuine) of the Indian Penal Code. The CBI also said that their custody was necessary to
unearth further evidence. (The Hindu 22/4/09)

Court notice to police for refusing to lodge complaint of rape (1)
LUCKNOW: A man had to run from pillar-to-post to get his complaint registered in the police station after
his 13-year-old daughter, who was sold by her mother last year was about to be sold again by the man to
whom she was earlier sold to. According to the complainant, Guddu, a resident of Indiranagar, his
daughter Rajni (name changed) was sold by his wife, Geeta for Rs 25,000 to one Raju Bangali of
Barabanki in December 2008. Since then he has been searching for his daughter. On Wednesday, he
saw Raju, along with another woman, taking his daughter to be sold further. Guddu, with the help of some
locals, managed to free his daughter from their custody. According to Guddu, he then approached
Ghazipur police as her daughter said that she was raped many times during this period. The police,
however, refused to register his complaint. The man then approached a lawyer, S K Shukla, who agreed
to take the case. Shukla said that even when the girl went missing in 2008, Guddu's complaint was not
registered. Shukla said that he has got a court order under Section 156 (3) of the CrPC to get the
complaint of the victim registered so that they can take the case further. The court has asked the
Ghazipur police to give a clarification by May 2 as to why the complaint of the aggrieved was not
registered. (Times of India 25/4/09)

NGO meet on BSF torture (1)
BEHRAMPORE: About 40-odd NGOs of Murshidabad met at a seminar in Behrampore to discuss the
alleged BSF and police torture on civilians in the border areas of Murshidabad. "The number of cases of
human rights violation by police and BSF is increasing every day. District administration has ignored our
repeated prayers. No case against BSF jawans has been lodged even when in the last 18 months, BSF
jawans have killed 34 innocent villagers merely based on suspicion at Raninagar alone. This number will
cross 100 if the other areas near Murshidabad are taken into account. In 2003, Nation Human Rights
Commission had said a murder case can be started against those jawans who have gunned down any
civilian. However, till date, no Murshidabad PS has lodged such a case," alleged Kirity Roy, secretary of
MASUM, the NGO that organized the seminar. "BSF jawans keep a sickle beside the body to prove they
were attacked. But till date, we haven't found any jawan who was injured in the attack by civilians or
smugglers," he alleged. "Many girls of Katlamari, Char Rajanagar and Udaynagar have given up studies
because of eve-teasing by BSF jawans. Police do not register such complaints either," claimed Roy. The
state is also indifferent to anomalies in distribution of BPL cards here and so, poor people are taking up
dishonest means for livelihood, he claimed. (The Hindu 27/4/09)

Govt extends Armed forces'special powers in Tripura for six months (1)
Agartala (IANS): Tripura's Left Front government has extended for another six months the Armed Forces
(Special Powers) Act of 1958 (AFSPA), providing special powers to paramilitary troopers to curb
separatist activity in the region, officials here said on Monday. "Though militancy has been tamed in the
northeastern state of Tripura, the state government is averse to take any chances for some more time,"
an official said. "Out of 64 police stations in Tripura, the AFSPA had been enforced in 34 police stations in
1997," he told IANS. Tribal-based parties in the state are against the AFSPA and have been demanding
the repeal of the law, which they term "draconian". "The act gave access to the armed forces to victimise
innocent people, especially the tribals, in the name of anti-insurgency operations," said former minister
Rabindra Debbarma, general secretary of the Indigenous Nationalist Party of Tripura (INPT). "Repeal of
the AFSPA was one of the issues in our election campaign," Mr. Debbarma told reporters. Besides
Tripura, the AFSPA is also in force in large parts of Manipur, Assam and Nagaland and some parts of
other northeastern states. It gives the armed forces special powers to detain terror suspects in
insurgency-prone areas. (The Hindu 28/4/09)

Torture by police alleged (1)
PALAKKAD: The parents of two youths at Muttikulangara near here have accused a constable of the
Palakkad Town South police station of torturing their sons. Mayappan (55) and Parvathy (50), parents of
Kannan and Anil, in a complaint to Chief Minister V.S. Achuthanandan have alleged that their sons were
assaulted by the policeman in the lock-up on April 17 last resulting in their hospitalisation with injuries in
their necks, hands and the lower abdomen. The parents told mediapersons here on Monday that the
autorickshaw of Kannan got damaged in front of a workshop where police vehicles were repaired. When
the workshop owner asked Kannan to remove the vehicle from there, he sought some time for it. Soon
the constable came there and took Kannan and his brother into custody. On reaching the police station,
the parents found Kannan in an unconscious stage. On their pleas, the youths were taken to the District
Hospital here and from there to a CT scan centre. But the police dropped the youths at home after the
scan instead of taking them back to the hospital. When the parents returned home they found the sons
there. Since Kannan had developed pain in his body and problems in passing urine he was admitted in
the District Hospital on April 19 and was there till April 24. The parents demanded an inquiry into the
matter and stern action against the policeman. (The Hindu 28/4/09)

Cops withdraw camp in Lalgarh (1)
MIDNAPORE, April, 27: Yielding to the pressure from the Police Santras Birodhi Public Committee
(PSBPC), the West Midnapore district police had to wind up the Second Battlion State Armed Police
camp in Kalaimuri in Salboni today, virtually leaving the CPI-M comrades in the area at the mercy of the
Maoists. This is the second occasion for the district police to back out in the face of PSBPCs prolonged
agitation, the first having been the latters success in stonewalling the entry of police in the Jungle Mahal
of Lalgarh to hold the election there for which Jungle Mahals polling booths have been shifted to safer
places by the Election Commission. Meanwhile, the PSBPC activists have been clamouring for shifting
the BSF jawans from the Bholabheda Janakalyan Vidyapith, a secondary school, in Belpahari. Over
2,000 villagers under the banner of the PSBPC have started demonstration outside the school where the
BSF jawans have been staying from yesterday for their deployment during the poll. The SP was not
available for comment. As many as seven people, four CPI-M leaders and three PSBPC activists, were
killed by goons in the past three months in Bholabheda and adjoining Banspahari gram panchayat areas.
The withdrawal of the Kalaimuri camp will in all probability give the Maoists a wide corridor to operate,
whose fallout is likely to be dangerous on the eve of the poll, it is feared by the locals. The reason of
withdrawing the camp was that the jawans staying there had to suffer for days with their supply line
choked by the PSBPC activists because of the ban on police mobility in the Jungle Mahal imposed by the
PSBPC. Even some policemen who fell ill in the camp could not be taken to hospital for the same reason
while their higher ups remained silent spectators. Two jawans of the camp were kept confined for a whole
day by the Adivasis for going to the local market violating the PSBPCs boycott call. Similar was the fate
of some EFR jawans while returning to Salua in Kharagpur from Bankura on Saturday through Goaltore
as they missed the route. They were also confined for five hours by armed Adivasi men and women at
Bhepua More. However, the jawans were released when they wrote a bond admitting their fault and
declaring not to venture further in PSBPCs domain. (Statesman 28/4/09)

1-lakh compensation for death in custody (1)
NEW DELHI: The National Human Rights Commission has ordered the Punjab Government to provide a
compensation of Rs.1 lakh to the family of an undertrial prisoner who died after consuming an insecticide
in Ludhiana Central Jail five years ago. The Commission has ordered that compliance report and proof of
payment of compensation be sent to it by the State Government within eight weeks. The Commission,
which went through the post-mortem, viscera and magisterial inquiry reports of the case, concluded that
prima facie it was a custodial death and attributable to negligence by the watch and ward staff. If the
escort and guards had kept a proper watch on the prisoner, he would not have consumed poison and the
tragedy could have been averted. The negligence of the staff, thus, became a cause for loss of life and
the State cannot evade its liability to compensate the family of the deceased, it said. Undertrial Amarjit
Singh was sent to court from jail for a hearing of his case on February 22, 2004. When he returned to the
jail, he was hale and hearty. After dinner, he suddenly became unwell. He was sent to hospital where he
died. The viscera report indicated that he had consumed insecticide either in the judicial lock-up or during
the return journey from the court. (The Hindu 3/5/09)

A year on, police to probe custodial death (1)
BHUJ: Repeated pleas by relatives of a dead prisoner for the past one year and a court order has at last
prompted police to investigate a custodial death case in Bhuj. According to sources, on May 4, 2008,
Ratan Maheshwari, 25, was detained for stealing a DVD from Pankaj Electronics at Langhasheri in Bhuj.
He became unconscious at the lock-up and was taken to Bhuj general hospital, where he died before he
could be treated. Maheshwari's relatives argued that he was beaten up in the lock-up, which resulted in
his death. They made many representations, but police contented that Maheshwari's death was caused
by an overdose of sleeping pills.For the past one year, there was no progress in investigations. A local
court has now instructed deputy superintendent of police NN Nagar to probe the matter and submit a
report to it. Nagar said statements of relatives and witnesses are being taken in this regard. (Times of
India 3/5/09)

ASDC leader dies in custody (1)
Nagaon, May 2: Assam Rifles today found itself in the dock over the death of senior Autonomous State
Demand Committee leader and pastor Liden Jidung. The ASDC today demanded a high-level inquiry into
the alleged custodial death of Jidung yesterday, punishment to the culprits and adequate compensation
to his family. It has called a 12-hour North Cachar Hills bandh on Monday to protest against the killing.
The NC Hills district administration today ordered a magisterial inquiry to be conducted by J.K. Bhuyan.
He has been asked to submit his report within 15 days. Sources said the administration has also decided
to convene a meeting with Jidungs family members to discuss the case. A team of Assam Rifles had
picked up Jidung along with Joraibasti village headman Johen Longmailai and ASDC Hadingma unit
secretary Rajen Langthasa on Thursday on charges of having ties with the banned Dima Halam Daogah
(Jewel). Yesterday morning, the Assam Rifles handed over Jidungs body to Haflong police. The other
two were also handed over in a critical condition. The paramilitary force attributed Jidungs death to his
health condition. Assam Rifles commanding officer B.B. Yadav said they were unaware that Jidung was
diabetic and had high blood pressure. Jidungs body was sent to Haflong civil hospital for post mortem. A
four-member team of specialists, who carried out the post mortem, failed to identify the cause of death.
Parikhit Barman, a senior surgeon at Haflong civil hospital, said they had referred the case to Guwahati
and handed back the body to the police. Sources said Haflong police, accompanied by Jidungs wife,
Ruphson, has taken the body to Guwahati for a special post mortem by forensic experts at the Gauhati
Medical College Hospital.The 45-year-old Dimasa leader has a daughter who is doing a software
engineering course in Bangalore and a son who is a Class XII student in a Dimapur school. The ASDC
decided to launch a democratic struggle for justice against the atrocity by security forces on villagers at
a special party conclave in Haflong today. Jidung was asked by Langthasa and Longmailai to write a
letter to higher authorities against the Assam Rifles. The latter picked up the three on charges of writing
against their battalion, senior ASDC leader G. Daologupu said. The Assam Rifles said Jidung had links
with the DHD (J). DHD-J men held: Meghalaya police arrested a cadre and a sympathiser of the DHD
(Jewel) group last night and seized Rs 50 lakh, meant for purchase of arms for the outfit, from them,
reports our Shillong correspondent. (Telegraph 3/5/09)

Woman charges police with torturing husband (1)
HASSAN: A woman from Shantigrama village has complained to Superintendent of Police K.V.
Sharatchandra that her husband Thimmappa, a farmhand, was tortured by the police and that he faced
the prospect of losing his legs as gangrene has set in. In the representation on Wednesday,
Chandramma said Mr. Thimmappa was being treated in a private nursing home and that doctors had said
the legs had to be amputated. Mr. Sharatchandra said on Thursday that he had directed Deputy
Superintendent of Police H. Rudrappa to conduct a probe and submit a report. Action would be taken
after receipt of the report. Ms. Chandramma said that on the night of April 27 the police came to their
house and took her husband to the police station. She charged that sub-inspector Rama Reddy and other
policemen tortured Mr. Thimmappa before he was produced in court. Though the court ordered that he be
admitted to hospital, the police took him to jail, she alleged. Ms. Chandramma said that when the villagers
learnt about Mr. Thimmappas plight, they went to the jail and got him shifted to a private hospital in
Hassan. Ms. Chandramma alleged that Mr. Thimmappas case was not an isolated one. Earlier, the sub-
inspector had assaulted Vishwanath, who had constructed the police station building, she charged and
alleged that Shekhar employed in a hotel and Indra Kumar, working in the government hospital in
Hassan, also had to face the police wrath. Mr. Sharatchandra said the police did not take undertrials to
hospital. When a magistrate orders that an undertrial be provided treatment, it was the jail superintendent
who had to take a decision. (The Hindu 8/5/09)

HC gets conflicting reports on med facilities in jail (1)
Ahmedabad : Chief Justice of Gujarat High Court KS Radhakrishnan must be in a dilemma after receiving
the report of amicus curiae which contains detailed description of lack of medical facilities in Sabarmati
Central Jail. Just three days ago, a division Bench headed by chief justice dismissed a PIL alleging
absence of medical facilities for inmates. The PIL was not carried forward after jail authorities and
additional principal sessions judge PB Desai denied the allegations. High court accepted the judicial
officer's report and dismissed the PIL on Tuesday. On Wednesday, advocate Shalin Mehta appointed by
the same Bench to assist the court in a suo motu case on a murder in Sabarmati jail, reported that jail
dispensary urgently required fresh stock of medicine. He highlighted the fact that jail authorities have
requested state government to depute staff of Red Cross Society there. They have sought medical
assistance from the international organisation as medical requirement in the prison remains unfulfilled. In
his report, advocate Mehta has mentioned the number of posts in the jail dispensary that are lying vacant.
Lack of medical facilities within jail premises has forced authorities to send the inmates to Civil Hospital, a
practice that is being discouraged at present. Proper medical facility is not available to prisoners because
authorities do not have requisite medicines. Even a cough syrup was not found in jail dispensary. In our
view, it ought to have state-of-the-art equipment at least, if not the most expensive," reads the report. It
also states that more than 40 prisoners have been suffering from heart aliments and have not been
getting proper treatment inside jail. Moreover, high TDS in drinking water is also an issue, and prisoners
as well as jail staff have complained about inaction of municipal corporation to resolve the problem.
Incidentally, judge PB Desai had observed in a case last year that jail inmates can't have facilities of a
five-star hotel, when a fake encounter case accused had raised a similar issue in his complaint. Court has
scheduled hearing in suo motu case on May 12. Moreover, during these two months, state government
has not been able to tell court about the compensation scheme for death of jail inmate Suresh Kukadia.
(Times of India 9/5/09)

Rights violation alleged in Morigaon jail (1)
MORIGAON, May 8 One Haren Das, father of Late Bubmoni Das, filed a Human Rights violation case
with the Assam Human Rights Commission alleging police torture on his son inside the Morigaon district
jail, which allegedly led to his suicide on May 1. According to Haren Das, the Officer-in-charge (OC) of
Dharmtul PS in Morigaon arrested his son Bubmoni in connection with a murder case that occurred on
January 7 last. In fact the actual killer was absconding, while Bubmoni was picked up and sent to jail,
claimed Haren Das. He was allegedly tortuned by the OC of Dharmtul PS on April 30 inside the jail. The
Manab Adhikar Sangram Samiti (MASS) has in the meantime expressed deep concern over the suicide
inside Morigaon district jail. (The Assam Tribune 9/5/09)

Custodial deaths: HC awards compensation (1)
GUWAHATI, May 11 The Division Bench of the Gauhati High Court comprising Justice Ranjan Gogoi
and Justice Hrishikesh Roy today by a judgment and order directed the Union of India to pay an amount
of Rs 4 lakh each to the family members of late Pratul Daimary and his namesake Pratul Daimary of
village Naoherua, Mazbat. Two writ petition were filed vide WP(C) No. 2154/04 and 2155/04 by the father
and wife of late Pratul Daimary and Pratul Daimary claiming judicial enquiry into the death of both the
Daimarys and demanded exemplary punishment to the guilty. The allegation of the petitioners was that
both the detainees were picked up by Army personnel on several occasions and finally both of them were
killed on March 7, 2004. The contention of the Army authorities was that both the detainees had link with
the banned NDFB organisation and were killed in an encounter while Army personnel retaliated in self-
defence. The District and Sessions Judge, Darrang was earlier directed to make an enquiry into the
aforementioned incident. The enquiry report was submitted by the District and Sessions Judge accepting
the version of the Army authority. The High Court after hearing both the writ petitions at length and also
after going through the enquiry report, depositions of all witnesses came to a finding that both the
detainees were killed while they were in the custody of Army and accordingly directed the Army to pay Rs
4 lakh each to family members of those killed. The court further directed Union authorities to register a
case under Section 302 IPC against the then lieutenant, Sartaj Mehta along with the provisions of Army
Act. The court directed payment of compensation amount within a period of eight weeks from the date of
receipt of the judgment. Bijan Mahajan, Arshad Choudhury, PK Das and NJ Das advocates appeared for
the petitioners. R Bora, Central Government Counsel appeared for the Union of India. (Assam Tribune
12/5/09)

Inquiry into minors death in cop custody (1)
Shillong, May 11: East Khasi Hills deputy commissioner B. Dhar today ordered an inquiry into the alleged
custodial death of a minor from Puriang village in the district. According to the FIR filed on Sunday by the
secretary of Puriang Dorbar Shnong, Mariabait Myrboh, along with the brother of the victim, Shibor
Kharsati, 17-year-old Sngewlem Kharsati died in a police lock-up at Mawryngkneng police outpost after
he was allegedly assaulted by the cops, including the officer-in-charge, Manbha Rymbai, on Saturday.
Protesting the alleged custody death, a large number of residents from Puriang and the adjacent
Mawryngkneng, along with other NGOs, wore black badges and gathered at Shillong civil hospital before
Sngewlems body was taken to Puriang village today. The FIR filed by the relatives alleged that police
arrested the minor on Saturday evening while he was on his way back home from work at Sung Valley in
Jaintia Hills. Sngewlem was carrying a dao in his bag. The police said he was an extortionist. Sngewlems
elder brother, Shibor, said the register at Shillong Civil Hospital stated that the victim was brought dead
from the lock-up on Sunday morning. He said his brother might have died in the lock-up on Saturday night
or early Sunday. The leaders of the Khasi Students Union (KSU), Federation of Khasi Jaintia Garo
People (FKJGP), and local organisations, including Mawryngkneng Dorbar Shnong and Puriang Dorbar
Shnong, today met the deputy commissioner and told him that they would launch an agitation if the
culprits were not punished. KSU president Samuel Jyrwa and FKJGP president Emlang Lyttan said if the
police officers involved in Sngewlems death were not suspended immediately, they would take to the
streets. They will also submit a memorandum to Meghalaya director-general of police Kulbir Krishan. The
NGOs demanded ex gratia for the victims family. The investigations into Sngewlems death will be
headed by additional district magistrate T. Lyngwa. The probe will have to be completed by July 31.
(Telegraph 12/5/09)

Custodial death: 3 cops suspended, police personnel transferred (1)
SHILLONG: Meghalaya government has suspended three police personnel and transferred entire staff of
a police outpost in the district over an alleged custodial death of a youth, official sources said on Friday.
Director general of police, Kulbir Krishnan ordered the suspension after receiving the departmental report
placed by the IGP, (Law and Order), B L Buam on Wednesday. The three suspended personnel, officer-
in-charge of Mawryngkneng police outpost, head constable and a constable, would be booked under
Section 304 of the IPC for the custodial death of 17-year-old Sngewlem Kharsati earlier this week, the
sources said. Kharsati's family alleges that he died after being brutally beaten in police custody. Police
had, however, denied the allegations and claimed that Kharsati succumbed to his injuries after some
drivers beat him up when he was trying to extort money from trucks plying on the Shillong-Jowai National
Highway on May 9. The matter is being probed by the CID. The district administration has also ordered a
magisterial probe into the incident. (Times of India 15/5/09)

13 injured in clash over custodial killing in J&K (1)
Srinagar (PTI): At least 13 persons, including three policemen and a photo-journalist, were on Tuesday
injured in a clash here following the alleged custodial death of a 45-year-old man, official sources said.
The clash broke out at Aloochibagh on Srinagar-Airport road when police fired dozens of teargas shells
and resorted to air-firing to disperse a mob of over hundred people who have assembled outside the
residence of the deceased, Manzoor Ahmad Beig. 13 people including three policemen have been injured
in the clash, the sources said, adding a photo-journalist with a local English daily was also injured in
stone-pelting by the mob. The protesters raised slogans against the SOG and demanded action against
the erring personnel of the SOG involved in Beig's death. Beig, a car dealer, was found dead yesterday
by his friends after he had gone to the Special Operations Group (SOG) camp of the local police, where
he was called for questioning in connection with a fraud complaint lodged against him by a local. (The
Hindu 19/5/09)

Family relates how handicapped person was assaulted by security men (1)
Imphal, May 21: The All Tribal Disables Union Manipur (ATDUM) along with the media today met the
family members of Daikho, the 22-year old handicapped son of late Loli of Senapati village, by the 6th MR
personnel on May 13 at about 7 pm. L Kholia, Daikhos sister was appalled at the criminal assault by the
personnel of 6th MR on a physically handicapped person and said that it was not only her brother but all
weaker members of the society who were open to such attacks from the unruly security men. She asked
the state government to take action against those involved in the incident and to curb such happenings in
the future. Talking about the incident, Kholia said that in the evening of May 13 around 7 pm her brother
Daikho along with two of his friends, S Victor, 20, son of Shesrii of Senapati district and L Stienson, 21,
son of Loli of Senapati district went out for a walk after having dinner. Her brother has a problem in his
right leg if he is walking alone, she said. When the three persons reached the traffic point of Senapati
police station around seven personnel of the 6th MR stopped them and asked Daikho if he was involved
in the previous days fighting. Before his friends could reveal that Daikho was a handicapped person both
of them were chased away after slapping them. Daikho, on the other hand, was taken near NK Hotel at
Senapati junction and beaten severely using sticks and guns. Afterwards Daikho was hospitalised at
Senapati Hospital and later taken to RIMS hospital the next day. Both his shoulders are bruised badly,
she said. Th Johnson Kaikho, president of the physically handicapped association said that it was the first
instance of a brutal attack on a physically handicapped person by the security personnel. He added that if
a physically handicapped person is assaulted by anyone he or she could be fined a sum of Rs. 20,000
and two years in jail under the Persons with Disabilities Act, 1995. He asked the government to punish
the involved personnel under the Act and also to fine them. Momo Tatanga, president of the ATDUM said
that if their demands were not fulfilled by the state government within three days they would take up
various agitations to press the matter. (Kangla Online 21/5/09)

Custodial death: two policemen acquitted (1)
NEW DELHI: Two policemen, who were named accused in a case relating to the custodial death of an
alleged robber, have been acquitted by a Delhi court which held that it could not be proved that the duo
had assaulted him in the lock-up. I am of the considered opinion that the evidence on record does not
support the case of the prosecution that the accused policemen had beaten up Lekh Raj [deceased]
during the period he remained in their custody, Additional Sessions Judge B.K. Garg of a fast track court
said. Lekh Raj, who had allegedly committed robbery at Dhandiya Jewellery at Connaught Place here on
March 31, 2000, was apprehended by the public. The victim, after being assaulted by the people, was
handed over to the police. Next morning, Lekh Raj was declared brought dead at a hospital here. Sub-
Inspector Subhash Chand and constable Naresh Pal, who were the custodians of the accused, were
named accused. They were charged under Section 304 (culpable homicide not amounting to death) of
the IPC . No presumption can be drawn against the accused that they had beaten up accused Lekh Raj
in police custody which proved fatal, the court said adding some of the injuries might have been caused
by the beatings given to him by the public. PTI (The Hindu 24/5/09)

Men in khaki abuse us, point guns at us(1)
SALGACHA (Burdwan), 24 MAY: Uncle please save us. The men in khaki hold guns at us and abuse us
every alternate day, asking where my father is, cried 10-year-old Ritwik while being hugged by Mr Mukul
Roy, MP and state Trinamul Congress secretary. Mr Roy had come to Raina to see for himself the effects
of alleged police atrocity in the region, sparked off by three political murders committed in the block.
Ritwik is the son of Mr Bamdeb Mondal, a Trinamul Congress district general secretary who is accused of
murdering two CPI-M cadres in Raina block villages and is at large since March. Ria, 12-year-old
daughter of Mr Mondal, said: The cops have assaulted a number of women in the locality while looking
for my father, and have maligned their prestige in front of many.Instructed by party supremo Miss
Mamata Banerjee, Mr Roy came to the area to gain a firsthand account of alleged recent police atrocities
in Raina block villages under Hijalna panchayat. The tree logs blocking the roads to hamper policemen
were removed today to create access for the leaders. Mr Roy said: Miss Banerjee asked me to rush to
Raina block when we all were in Delhi last Friday. In a meeting with the Union home secretary, we had
given briefs on the recent atrocities that have made villagers hostile against the police in Raina villages. It
was also awful to learn that the cops, failing to invade the areas, have assigned armed CPI-M cadres and
hired anti-socials to lead operations, as they did in Nandigram. He added: Despite severe torture and
provocation, I have asked the locals to restrain from taking the law into their own hands. We have taken
the issue to the higher administrative level. The ill nexus between the police and the CPI-M would soon
be exposed and the cops will have to pay for this. Mr Roy was accompanied by Mr Abu Ayesh Mondal -
former Katwa MP who deserted the CPI-M recently - as well as party MLA Mr Jyotiprio Mallik and MLA,
Nadanghat, Mr Swapan Debnath. Mr Roy also had ten minutes closed-door discussion with Mr Bamdeb
Mondal, the absconding leader, at the latters residence. Villages falling under Hijalna panchayat in Raina
- like Salgacha, Bandhgacha, Choto Khoirapur, Belsar, Bonteer, Jyotsaji have all been coping with a
perennial socio-political crisis after they witnessed three consecutive political murders over the past year.
The successive murders of three party activists has wreaked a severe toll on the life of the local residents.
Police raids have become common over the past year, followed by group clashes, looting, the ransacking
of property, the assault of women, attacks on policemen, and the digging up of roads. The violent climate
has led to around a hundred people being injured, and hundreds of houses have been burned to the
ground. According to the Burdwan police: In all, 52 cases have been registered with the Raina PS
following the political chaos there. The murder of Saber Ali, a Trinamul Congress activist, in June of last
year soon after the panchayat polls, turned Raina into a brawling bowl. Two local CPI-M activists Nurul
Islam Jamal and Sohrab Ali Dewan were killed in the last three-and-a-half months, allegedly in retaliation.
Miss Mamata Banerjee, during her election in Hjalna on 3 April, had accused the Burdwan police of being
biased in the CPI-Ms favour. She also had alleged: The SP, Burdwan, from what I have come to know,
was a cadre with the SFI - the CPI-Ms student wing. The leaders today met Mr R Rajashekharan, SP,
Burdwan, at his office. Mr Roy said: Its a fallacy of democracy that we are meeting a person who is the
prime accused of the present scenario in Raina. (Statesman 25/5/09)

Youth alleges custodial torture (1)
Thiruvananthapuram: A 26-year-old employee of a prominent jewellery shop chain has accused the
police of illegally detaining and torturing him in custody at the Haripad police station in Alappuzha district
for 12 days this month. M. Sreekesh of Thiruvananthapuram is being treated for cellulites, severe
infection of skin and tissue, at a government hospital here. A doctor who is familiar with his medical
condition said there were tie marks near his wrists, straight line cut wounds and bluish contusions near
the soles of his feet. The cut wounds were consistent with injuries inflicted using a splintered bamboo
cane. The infection had set in possibly because he was in a contaminated environment for a long time
without treatment, he said. Sreekesh told The Hindu from his hospital bed that the Haripad police had
detained him on May 13 morning after he went to the station to report the loss of nearly 4 kg of gold, most
of it in biscuit form, while transporting it in a bag from his employers house at Alappuzha to the firms
showroom in Kollam. He said he was travelling in a crowded bus and that somebody had cut open the
bag and stolen the gold while he was sleeping. The police led by Circle Inspector D. Asokan questioned
him several times about the theft. They registered a case on the basis of his complaint. On May 18, the
police subjected him to a lie detector test (polygraph) at the State Forensic Sciences Laboratory here. He
said that on May 23 night, four plainclothesmen stripped him, bound his hands with a wet towel and made
him lie on a bench. They beat him on his legs and the soles of his feet with bamboo canes, repeatedly
demanding that he tell the truth. The beating continued for two hours, even after the canes splintered. He
said they then used pepper spray, a chemical compound that causes irritation to the skin and eyes, on his
eyes and genitals. They poked his nipples several times with the tip of a ballpoint pen. The policemen
later dumped him in the cell. They did not allow him to see his relatives till May 25 night. Sreekeshs
sister, M. Sreepriya, a nurse, said her younger brother and husband were allowed to see Sreekesh and
buy food for him every day till May 24. The police let off Sreekesh only after his condition worsened on
May 25 night. His father, N. Muralidhara Pai, a bank employee, has complained to the State Human
Rights Commission.Mr. Asokan, CI, said Sreekesh was allowed to go with his relatives every day after
questioning. He denied that the youth was tortured in police custody. The polygraph test was done with
Sreekeshs written consent, he said. (The Hindu 28/5/09)

Suspended cop held in rape, abduction case (1)
PANAJI: The Pernem police on Thursday arrested suspended police constable Rajesh Sawant after his
anticipatory bail application was rejected by the additional sessions court in connection with the
abduction and rape of a 20-year-old girl at Mapusa this month. During the hearing, the police claimed that
the accused's custodial interrogation was necessary. The police, quoting the victim, stated that on May 6,
2009, two persons trespassed into her room at Pernem, identified themselves as policemen, and extorted
Rs 25,000 from her agent. Subsequently, she was taken to a hotel close to Mapusa and raped, the police
alleged. The victim identified the police constable as one of the accused at the Pernem police station
when the police were recording her statement after the incident. She had told the police that she was
brought to Goa and introduced to prostitution. On May 9, 2009, the police registered a case under Section
452 (trespass), 384 (extortion), 366 (abduction), 376 (rape) of the Indian Penal Code and proceeded to
arrest the constable. However, the accused approached the court seeking anticipatory bail. The
constable's lawyer told the court that the applicant was falsely implicated in the case. He added that the
reputation of the 29-year-old constable, who had served in the police department for the last 10 years,
had been damaged. The investigating agency replied that after the applicant's suspension on May 8,
2009, the constable was asked to report to the district reserve line force at Porvorim. However, he had
not reported at the force. He also could not be traced at his residence, the police pointed out. Judge
Desmond D'Costa held that there was possibility of the applicant trying to flee from justice. Since the
registration of the complaint on May 9, 2009, the applicant has not been available, the judge noted. "The
contents of the complaint made out grave offence against the applicant requiring thorough investigation,"
the judge remarked. Dealing with the argument of a false complaint' lodged by the victim, the judge said
that prima facie he did not find that the victim had any previous enmity with the applicant to falsely
implicate him. (Times of India 29/5/09)

UNLF charges AR of being habitual liars (1)
IMPHAL, June 4: The underground UNLF in a press release today said the claim of the IGAR (S) that its
troops had eliminated a cadre of the UNLF which appeared in the local dailies today, is another one of the
habitual fabrication of the Assam Rifles. It said there are absolutely no record of UNLF/MPA fighters
engaging any Indian troops in the area, neither were there any MPA cadres detailed on any duty with
small arms in the area. It said most probably this is another case of elimination through fake encounter.
The Assam Rifles is now notorious of targeting and eliminating Meiteis in the hill areas. They are out to
ensure that no Meitei is able to make a livelihood amongst their brothers in the hills. The AR troops have
been abducting Meiteis even from Imphal and eliminating them after brining them to Moreh after changing
them into combat fatigues and after they are killed planting a weapon in their hands. Only recent the
troops eliminated a group of Meiteis in Henglep who were making a living by constructing boats out of
timber felled in the area, the release said. They had also atrociously kidnapped Khwairakpam Megha
from Imphal through their agents in the Manipur police commandos and brought him to Moreh to claim he
was a PLA man capture from the Moreh area, it added. Typically the Assam Rifles have been using some
Kuki hooligans who are betraying the Kuki community, it said. The release said on June 2, the 20 Assam
Rifles again claimed killing two cadres of the UNLF/MPA. This too is concocted, the release said. The two
had gone to Moreh to get supplies for their shops when they were pulled down from their bus by the
Assam Rifles at Tengnoupal and then killed the next day as part of their terror campaign against ordinary
people in the state. The release appealed to the people to stand up for once, abandon their fears and
decided that enough is enough and make a firm stand to live with dignity. They must together expose the
dirty game of the Assam Rifles, the release added. (Times of India 1/6/09)

Two men killed by AR innocent, claim families (1)
Imphal, June 03 2009: While the controversial killing of L Satish is in hot, two youths killed by troops of
Assam Rifles as suspected undergrounds at Maipi-Angreshu village under Tengnoupal police station in
Chandel district have also been claimed as innocents who left home for Moreh to buy goods items for
shop. The identities of the two were identified as Laishram Keshorjit (40) son of Madumangol of Urup
Laishram Leikai and Seram Priyokumar (41) son of late Jugindro of the same locality. Decrying the killing
of the two, locals mostly womenfolk after forming a JAC by in a public meeting held at Urup Litan
Makhong Makhong Bazar stormed the chief minister bungalow this afternoon. Wife of victim of AR
'encounter' contradicting AR's version in front of CM's bungalow . The JAC has alleged that Assam Rifles
had killed them for the sake of money they carried with for buying goods from Moreh in fake encounter
and demanded punishment to the AR men involved in the killing. Wife of slain Kesohrjit, Prema said her
husband is earning livelihood by running a grocery shop at Urup Litan Makhong. He went out from home
with Rs 20,000 for buying grocery item from moreh in the morning of June 1 along with his local friend
Seram Priyokumar. Priyokmuar who was a brick meson went out with Rs 5,000, according to the family.
He was survived by his wife and three children. His wife helps the family by collecting stone cheap and
sand from the river. They also alleged that Assam Rifles dragged down from the vehicle they were
traveling at Tengnoupal check post and killed on the next day. Chief minister, O Ibobi, however did not
allow meeting with the representatives of the JAC who wanted to submit a memorandum containing their
demands reportedly stating that he was busy for Cabinet meeting. The memorandum demanded
punishment to the personnel . of the 20 AR involved in the killing of the two persons alleging that they
have killed them after rounding up and torture in their custody in fake encounter. Demand for immediately
stop of killing of innocent people by the security forces, payment of ex-gratia amount of Rs 5 lakh each to
the family of bereaved families. The dead bodies are lying at RIMS morgue as unclaimed bodies as
families with the support of the local people refused to received them stating that they will not receive till
the demands are fulfilled by the government. The JAC also alleged Md Allauddin for taking interest when
the locals lodged complaint. The JAC approached the minister to help in delivering justice to the killing of
the two men for the sake money in their possession. (E-PAO 3/6/09)

Protests continue as Kashmir boils (1)
Srinagar: Thousands of police and paramilitary personnel were deployed in Kashmir on Tuesday to quell
demonstrations against the alleged rape and murder of two women one of them unmarried in south
Kashmirs Shopian district last week. Chief Minister Omar Abdullah ordered a judicial probe into the
mysterious deaths but the Opposition Peoples Democratic Party (PDP) and the separatists rejected the
probe order questioning its impartiality. The Valley witnessed complete shutdown on second consecutive
day following a call by separatist leader Syed Ali Geelani, who appealed for protest demonstrations. The
protests triggered after bodies of 17-year-old Aasiya and her sister-in-law Neelofar Jan were found at
Bonagam village, on May 30, near a stream. They had gone missing while returning from a nearby
orchard. Alleging that the security forces were involved in the rape and murder, the villagers said the
bodies were naked and bore marks of violence. The Chief Minister denied the charges and said that the
initial investigation does not point towards rape or murder. To cash in on the issue, PDP president
Mehbooba Mufti along with 12 MLAs of her party and a 300-strong contingent of followers staged a
protest demonstration at Lal Chowk demanding inquiry into the incident and abrogation of Armed Forces
Special Powers Act (AFSPA). As the march was proceeding towards Kokerbazar, separatist youth pelted
stones on them. The police later swung into action and took the MLAs in preventive custody. Earlier,
police arrested separatist Muslim Khawateen Markaz chief Zamrooda Habib, when she attempted to
stage a protest demonstration in Civil Lines area. Police have detained Dukhtaran-e-Millat chief Aasiya
Andrabi along with her colleagues while proceeding towards Shopian. She has been lodged in Central
Jail. The authorities clamped undeclared curfew in most parts of Srinagar. South Kashmirs Shopian and
Pulwama district headquarters were virtually out of bounds. A heavy contingent of police deployed at
Kakapora bridge near Pulwama sealed the entry point in the twin districts. Journalists too were not
allowed to visit the area. Srinagar witnessed several clashes between protesters and security forces. At
Batamaloo, a protester was injured, when he was hit by rubber bullets. Clashes took place at Qamarwari,
Bagh-e-Mahtab, Barzulla, Abi Guzar and Maisuma localities too. Meanwhile, retired Justice Muzaffar Jan,
who has been appointed by the Government to probe the deaths, said that he was capable of conducting
the probe and resolving the mystery. The High Court Bar Association has rejected the probe saying that
Jan was holding a Government office, which questions his impartiality. He (Jan) is heading a
Government office. How can he be impartial, questioned bar association general secretary GN Shaheen.
Authorities have placed most of the separatist leaders including Syed Ali Geelani, Mirwaiz Omar Farooq,
Shabir Shah and Yasin Malik under house arrest. (Pioneer 3/6/09)

UNLF charges AR of being habitual liars (1)
IMPHAL, June 4: The underground UNLF in a press release today said the claim of the IGAR (S) that its
troops had eliminated a cadre of the UNLF which appeared in the local dailies today, is another one of the
habitual fabrication of the Assam Rifles. It said there are absolutely no record of UNLF/MPA fighters
engaging any Indian troops in the area, neither were there any MPA cadres detailed on any duty with
small arms in the area. It said most probably this is another case of elimination through fake encounter.
The Assam Rifles is now notorious of targeting and eliminating Meiteis in the hill areas. They are out to
ensure that no Meitei is able to make a livelihood amongst their brothers in the hills. The AR troops have
been abducting Meiteis even from Imphal and eliminating them after brining them to Moreh after changing
them into combat fatigues and after they are killed planting a weapon in their hands. Only recent the
troops eliminated a group of Meiteis in Henglep who were making a living by constructing boats out of
timber felled in the area, the release said. They had also atrociously kidnapped Khwairakpam Megha
from Imphal through their agents in the Manipur police commandos and brought him to Moreh to claim he
was a PLA man capture from the Moreh area, it added. Typically the Assam Rifles have been using some
Kuki hooligans who are betraying the Kuki community, it said. The release said on June 2, the 20 Assam
Rifles again claimed killing two cadres of the UNLF/MPA. This too is concocted, the release said. The two
had gone to Moreh to get supplies for their shops when they were pulled down from their bus by the
Assam Rifles at Tengnoupal and then killed the next day as part of their terror campaign against ordinary
people in the state. The release appealed to the people to stand up for once, abandon their fears and
decided that enough is enough and make a firm stand to live with dignity. They must together expose the
dirty game of the Assam Rifles, the release added. (Kangla Online 4/6/09)

Geelani arrested, strike on in Kashmir valley (1)
Srinagar (PTI): Hardline Hurriyat leader Syed Ali Shah Geelani and his two close aides were arrested
here as the separatist-sponsored strike in Kashmir valley protesting the alleged rape and murder of two
women in Shopian entered the seventh day on Sunday. Geelani was arrested with his aides Ghulam Nabi
Sumji and Ayaz Akbar on Saturday night, hours after he announced a week-long protest against the
incident, officials said today. The bodies of Asiya (17) and her sister-in-law Nelofar (22) were fished out of
a stream in Shopian, 52 kms from here, last week. Official sources said it could not be conclusively
ascertained whether the two women had been raped as this was not possible by only analysing a slide
containing spermatozoa. "We can only tell you whether it is human sperm. Rest is a matter of
investigation for which the state government has constituted an independent inquiry team," they said.
Meanwhile, the government directed all local cable news channels to restrict their bulletins to 15 minutes
daily. The decision was conveyed by the district administration to the editors, proprietors and
correspondents of Srinagar-based cable channels at a meeting. "We only want to ensure that the Cable
Act is not violated by broadcast of objectionable programmes," Deputy Commissioner, Srinagar, Mehraj
Ahmad Kakroo said. Police have also filed an FIR against a local news agency, Current News Service, for
allegedly transmitting wrong information through its SMS service. The FIR has been registered in Kothi
Bagh police station against the agency for transmitting a news item -- "Shopian tense, more than 100
protesters injured", police said. The situation in Srinagar and other major towns of the valley continued to
be tense for the seventh successive day. (The Hindu 7/6/09) While asking people to resume their normal
activities from Tuesday, Geelani had asked them to march to Shopian on Monday and hold peaceful
demonstrations till Friday when the future course of action would be announced. Shops and business
establishments were closed and transport remained off the roads in response to the call given by
separatists to protest the death of the two women, whose family members are on a hunger strike to
demand action against the guilty. As the situation remained tense, police and paramilitary personnel
patrolled the deserted streets of Srinagar and major towns of the valley to maintain law and order. The
hunger strike is being staged since Thursday to demand that culprits behind the alleged rape and murder
of the two women be brought to book. Bodies of Asiya and Nelofar were recovered on Saturday last after
they went missing from their orchards in Shopian on the previous day, triggering massive protests in the
valley despite a judicial inquiry being ordered into the case. (The Hindu 7/6/09)

Custodial death: NHRC directs State to pay Rs 3 lakh (1)
NEW DELHI, June 6 In what could mean a major embarrassment for Government of Assam, National
Human Rights Commission (NHRC) directed the State Government to pay Rs 3 lakh, as monetary relief
to the family of Manoj Chundi, who was killed in police custody. The NHRC in its recommendation, issued
on Friday, has also asked for a compliance report from the Assam Government within eight weeks from
the date of the receipt of notice. Manoj Chundi was arrested on the May 2, 2002 in a case of dacoity
registered at Dispur police station. He died due to firearm injuries in police custody. The police explained
that he was killed in cross firing between his associates and the police. The CBCID investigated the
matter. The investigations raised doubts about the police version. It was found that no loss of ammunition
was shown in the police record and no person residing near the place of cross firing heard the gunshots.
On consideration of the CBCID report, the Commission issued a notice to the Assam Government on the
July 23, 2008 to show cause, why monetary compensation should not be given to the next of kin of the
deceased.. Significantly, the Assam Government in its communication to the Commission admitted that
the kin of the deceased deserve financial assistance. It also conceded that the Commission may pass
such order, as deemed appropriate. Subsequently on May 13 the Commission issued an order. (The
Hindu 7/6/09)

Dowry accused gangraped by Bhopal cops in custody (1)
BHOPAL: A 45-year-old woman, arrested on charges of dowry harassment, was allegedly gangraped by
four cops inside a police station in Betul district, about 250 km from Bhopal. Police said on Friday that the
woman, from Jamwada villge, was arrested and produced before a local court after her daughter-in-law
pressed dowry harassment charges against her on Tuesday. When the court refused to grant her bail,
she was taken back to the Amla police station and in the same night, four policemen, including a head
constable, allegedly raped her. DIG BB Sharma, who is leading the probe into the incident, told TOI the
inspector of the Amla police station was suspended and an FIR was lodged against the four accused
policemen, who were on duty that night. But none of the accused was arrested till Friday evening. "We
are investigating the case. Action will be taken once we complete the probe. The woman was sent for
medical examination,'' Sharma said. The daughter-in-law complained of dowry harassment in the last
week of May. Following the complaint, the woman was arrested on June 2 and was produced in the court
on the same day. On June 3, she was transferred to the district jail where she told jail superintendent M S
Baig that she had been gang-raped by four policemen inside the Amla police station. She lodged a written
complaint to the jail authorities on Wednesday evening after which the district police superintendent was
informed. A team of doctors conducted a medical examination of the woman inside the jail. The accused
policemen, however, denied the rape charge, saying the woman was levelling the charges to divert
attention from the dowry harassment case. (Times of India 6/6/09)

Torture: rights panel not satisfied with probe (1)
KOCHI: In yet another such instance, the State Human Rights Commission has rejected the police
version of a complaint of lock-up torture at the Thevara police station and asked the city police
commissioner to get the complaint investigated by a senior officer. At a sitting of the commission held at
Aluva on Monday, N. Dinakar, chairman of the commission, rejected the report by a Circle Inspector of
the allegation of torture of two brothers by the Thevara police in April last year. The two brothers, Joseph
and Biju, who were butchers at the Thevara market, were taken into custody by the police for an alleged
altercation and were beaten up at the market, in the police jeep and later in the lock-up. The two had
been hospitalised for several days and Biju could still not walk properly after several months because of
the merciless torture. The two moved the Human Rights Commission through the Torture Prevention
Council of India. The commission asked the police to submit a report on the incident, but the commission
found the Circle Inspectors version of the custodial torture unsatisfactory and ordered the City Police
Commissioner to ask a senior officer to probe. (The Hindu 10/6/09)

J&K cop dismissed for custodial death (1)
Srinagar: The J&K government on Tuesday dismissed the inspector who is the main accused in the
alleged custodial death of a 45-year-old Srinagar resident who had been picked up by police from his
shop on May 18. Inspector Khursheed Ahmed had allegedly summoned Manzoor Ahmed Beigh in
connection with some money he owed to another person. Later, one of his friends saw an unconscious
Manzoor being put into an auto outside a nursing home. His death led to massive protests, forcing the
government to suspend Ahmed. Recently, CM Omar Abdullah recommended his dismissal. Kashmir
Valley has been hit by massive protests over several deaths under dubious circumstances. Most are
attributed to security forces who have been given a long rope to deal with militants. In Shopian, people
burnt effigies of former SP Javed Iqbal Matoo accusing him of shielding the people who raped and
murdered two women on May 30. According to sources, Doctors who conducted the second post-
mortem told the judicial commission probing the murders that Mattoo had threatened them with dire
consequences if they disclosed that the duo had been raped. (Mumbai Mirror 18/6/09)

Gangrape case registered against SHO, 4 others in Delhi (1)
NEW DELHI: A case of gangrape was filed against an SHO and four policemen in the capital after a
woman claimed that she was sexually assaulted inside a police station in south-west Delhi, which led to
angry protests in the area. The woman alleged that she was taken to the Inderpuri police station on
Monday by two policemen to enquire about her husband, who the police said was a "local criminal
involved in betting". "They put me inside a lock up and started hurling abuses and thrashed me. Then
they took me upstairs where the SHO and four other uniformed men raped me. I can recognise them by
face," the woman told reporters. The woman's claims triggered protests in the area, where she resides,
with a large crowd attacking and ransacking the police station. The police said it had registered a case of
gangrape against the five policemen after recording her statement late on Monday. "We have registered a
case of gangrape against the five policemen after recording the statement of the victim," Delhi Police
spokesman Rajan Bhagat said. Sources in the police said a test identification parade would be conducted
to identify the four personnel of the force. The police, which handed over the investigation to the Delhi
crime branch, shifted Station House Officer Pradeep Kumar to Police Lines to ensure "free and fair
probe". Meanwhile, the Delhi government also directed the women's commission to probe the matter.
Chief minister Sheila Dikshit, who directed the Delhi Women's Commission to probe the allegations, said
it was shameful if such an incident had happened. (Times of India 24/6/09)

1,184 killed in police custody in India since 2001: Report (1)
New Delhi (IANS): As many as 1,184 people were killed in police custody in India in the last eight years
with Maharashtra topping the chart with 192 deaths, a report said Thursday. The report, "Torture in India
2009", by the Asian Centre for Human Rights (ACHR) released here on Thursday stated that most of the
victims were killed as a result of torture within the first 48 hours after being taken into custody. The report
is based on the data collected from April 1, 2001, to March 31, 2009, through a right to information (RTI)
plea, filed with the National Human Rights Commission (NHRC). "These deaths in custody do not,
however, represent the actual number of deaths in police custody in India. Further, deaths in the custody
of the armed forces and the Indian Army under the control of the central government are not reported to
the NHRC," ACHR director Suhas Chakma said. He said the NHRC does not have jurisdiction to
investigate violations committed by the armed forces under Section 19 of the Human Rights Protection
Act, 1993 and guidelines on reporting custodial deaths within 24 hours continue to be flouted. According
to the report, the highest number of 192 custodial deaths were reported in Maharashtra followed by Uttar
Pradesh and Andhra Pradesh where 128 and 85 people died in police custody respectively. The report
stated that high number of deaths in custody exposes the abject failure of the 1996 judgment of the
Supreme Court in the D.K. Basu case that provides the procedures to be followed while making arrests.
"The Prevention of Torture Bill, 2008, being brought by the government of India is a sham. The Bill
contains only three operative paragraphs relating to definition of torture, punishment for torture and
limitations for cognizance of offences," Mr. Chakma said. (The Hindu 25/6/09)

Two cops accused of custodial death (1)
Lucknow: A case was on Friday registered against two police officers in connection with an alleged
custodial death in Barabanki district of Uttar Pradesh. Sushil Kumar, who was picked up for interrogation
for his alleged involvement in a loot on June 24 at a district petrol pump, died in custody on Thursday in
Jahangirabad police station of Barabanki, police sources said here. Circle Officer, in-charge of the city,
Dharmendra Sachan and Station House Officer (SHO) of Jahangirabad police station, KD Mishra were
charged with the crime by family members, the sources said. (The Hindu 27/6/09)

Custodial death: Cong MP protests in Barabanki (1)
Lucknow: A mob of locals led by Congress MP from Barabanki PL Punia staged a protest outside Kotwali
police station in the district demanding arrest of the CO City and the SO of Jehangirabad police station.
CO Dharmendra Sachan and SO Anand Singh are named in a case of the alleged murder of an
employee at a petrol pump Sushil Verma, who died in the police custody on Friday. Despite having
received the postmortem report on Saturday evening, the Barabanki SP and the IO in the case feigned
ignorance about the findings of the report. Punia said: The Barabanki SP has told me that the CO and
the SO are absconding and the police are conducting raids to arrest them. We have given a deadline of
three days for their arrests. Agitation will be intensified thereafter. Barabanki SP Kripa Shanker Singh,
however, said: They are not absconding. The decision to arrest them will be taken only after their role is
substantiated in the investigation. The Kothi police station SO Mahendra Verma is assigned to investigate
the case. (Indian Express 28/6/09)

Molestation charges against Bhadrak cops (1)
BHADRAK: A woman and her sister have brought molestation charges against two policemen of
Naikanidihi police station in the district. They also alleged that they had been detained at the police
station throughout the night in the absence of any woman police personnel. But the police maintained that
the woman, who is married, was involved in an illicit relationship with another man, and the husband had
lodged a complaint against her. In written petitions to the chief minister, DGP, state human rights'
commission and state commission for women, the sisters on Sunday sought "justice" and demanded
action against the "erring police officials". Sasmita, claimed that the police inspector arrested her, when
she, along with her sister Sangita, had gone to the police station to lodge a complaint against her
husband, who was going to marry someone else, since she was unable to offer "dowry". Police said,
Sasmita, a native of Gobindapur village in Keonjhar district married Santosh of Karanjadia village 13
years ago. But Sasmita was continually being tortured for dowry, ever since her marriage. "A year ago,
they threw me out of the house, asking me not to return without Rs 50,000. I was forced to stay with my
parents as my father was unable to meet their demands. Santosh had been threatening me to marry a
second time, if I failed to give him the money," Sasmita claimed. "Two days ago, he called me over the
phone, stating that he was going to marry someone else. Unable to judge my next move, I met the SP
and collector of Keonjhar, who held a discussion with their Bhadrak counterparts and insisted me on
meeting them. (Times of India 1/7/09)

Social activists express deep anguish, demand strict action (1)
LUCKNOW: In a representation to the director general of police (DGP), UP, on Wednesday social
activists expressed deep anguish over district police's attempt to save the sub-inspector accused of
assaulting Rohini and molesting her two daughters. Prof RR Verma, who had helped Rohini in lodging an
FIR against her husband for domestic violence and later taking her to the hospital after she was assaulted
by the sub-inspector Subhash Sharma, said that molestation of minor girls is a heinous offence which
should be dealt with seriously and strictly by the police. Social activists led by Prof Verma also said that
Sharma and the constable with him should also be booked for molestation. They said that they were
shocked to know that the FIR only mentions assault and not molestation. It was equally shocking for them
to learn that Sharma has not been named in the FIR at all. Social activists said that this is only one
incident which has come to light. There would be many victims who would not have dared to speak
against the police atrocities, they said. Hence, they added, in order to establish faith of the people on
police and law and order, it is essential to take the matter seriously. (Times of India 2/7/09)

Justice denied to many families (1)
HYDERABAD: District Collectors appear to have been dragging their feet on human rights, though
perhaps performing well on other fronts. Justice has been denied to a number of families in the State
following failure by Collectors so far to submit magisterial enquiry reports (MER) to courts or human rights
commissions on 510 cases, relating to custodial deaths, encounters with naxalites and police firing,
resulting in deaths or injuries. Chief Minister Y. S. Rajasekhara Reddys slogan these days has been to
improve the delivery system but efforts by Collectors on submission of MERs are distressingly found
wanting, a senior police official lamented, recalling a Supreme Court directive of 2001, fixing a four-month
time-limit for authorities to file the MERs before the courts and commissions for timely disposal of justice.
Had the Collectors discharged this mandatory responsibility, many families whose members died in police
firing/custody or in encounters, fake or genuine, would have secured monetary and other benefits under
the existing rules. A study revealed that revenue authorities, from Collectors down to MRO, handled this
human rights issue in a cavalier manner, thereby keeping justice to these families at bay. There are a
record number of 478 police firings in the State since 1998, including encounters, on which no MERs
have not been submitted till date. Similarly, the Collectors have not done their duty regarding as many as
32 custodial deaths. However, in case of Basheerbagh and Mudigonda firings, reports have been
submitted by judicial commissions exonerating the police. Karimnagar and Warangal districts, where
encounters took place periodically till recently, accounted for 179 police firings and 66 respectively.
Collectors of the two districts have not yet responded despite reminders by the General Administration
Department to submit reports. Guntur topped in custodial deaths with 8. A senior official in the GAD told
this correspondent that Collectors have also been found wanting in rehabilitating surrendered naxalites.
Right now, 401 surrendered cases are pending before them for rehabilitation, 91 of them in Adilabad, 78
in Warangal, 44 in Khammam, 34 in Mahabubnagar, 24 in Anantapur and 23 in Nalgonda. (The Hindu
2/7/09)

OCs suspended in custodial death case (1)
PATNA: The state government has suspended officers-in-charge (OCs) of Patahi and Dacca police
stations of East Champaran for their alleged role in custodial death of a criminal, Mohd Seraj, who was
caught in connection with loot of Rs 3 lakh. Giving this information to the legislative assembly on
Tuesday, minister for water resources Bijendra Prasad Yadav said that the post-mortem report of Seraj
confirmed that there were injury marks on his head which proved fatal. The minister further said that an
FIR has also been lodged against the persons who constituted the raiding party which caught Seraj. On
the other hand, the government has announced an ex gratia of Rs 2 lakh to the kin of Seraj. Earlier, the
matter of custodial death was raised by Shakeel Ahmed Khan of the RJD. (Times of India 8/7/09)

Protests in Kupwara over molestation of girl (1)
Locals took to the streets in frontier district of Kupwara on Thursday demanding the arrest of a territorial
army jawan, who allegedly tried to molest a young woman following which she committed suicide. The
20-year-old college girl allegedly consumed poison at her house in Doolipora-Trehgam, 100 kms from
here, after the jawan and his friends tried to molest her last night, official sources said. The jawan
identified as Ashiq Hussain Mir entered the house along with some friends. After family members
narrated the incident to their neighbours, people came on the road and held demonstrations. (Hindustan
Times 10/7/09)

300 protesters stopped on way to Lalgarh (1)
MIDNAPORE: Police had a harrowing time trying to prevent 300 workers of the Majdoor Kranti Parishad
(MKP) on Thursday. The MKP workers looked determined to reach out to Lalgarh breaking the police
barricade right at the Midnapore railway station. Police finally detained all MKP activists at Kotwali police
station for five hours and later released them on personal bond. Agitators complained that police heckled
some of their senior leaders and rounded up 48 women without women police being present. "Police can't
stop us at Midnapore railway station because the prohibitory orders are not in force in this area," said
general secretary Amitava Bhattacharya. "Our target was to reach Lalgarh and put pressure on the
administration to immediately call off the joint operation. Villagers are leaving their home and hearth. Most
of them are scared of the security forces. Some have already faced police torture. The government
should concentrate on the development of Jangalmahal, including the forest hamlets in Belpahari, where
the distress is maximum." MKP president Binanda Jha alleged that police heckled women's wing leader
Rakhi Sarkar and arrested all 48 women workers without any women police personnel being present.
Meanwhile, PCPA spokesperson Chhatradhar Mahato saw a CPM and police plan in an unsigned letter
he reportedly received, demanding PCPA's accounts. "I have received an unsigned letter asking me to
furnish PCPA's accounts. I fear that it is a mischievous design of the ruling CPM and police. Police
ransacked a PCPA leader's house at Amkola near the Kangsabati and beat him up. We will launch a
movement against such atrocities very soon if police continue with the repression," he said. Rajesh
Mahato, secretary of the Chhatra Yuva Kurmi Sangram Committee, said: "We will violate Section 144 in
Jhargram on Sunday as the SDO did not give permission for a peace rally requesting the administration
to stop torture on innocents and putting false charges on poor people." Meanwhile, Sudir Mahato,
Swapan Mahato, Buddheswar Mahato and Saumyajit Mahato CPM leaders from Chuansol, 25 km from
Midnapore, quit the party reportedly after being threatened by Maoists. (Times of India 10/7/09)

OHRC to probe custodial death (1)
BHUBANESWAR: Family members of Satyabrata Naik, a 25-year-old tribal prisoner died in Champua jail
in Keonjhar districts last week, demanded a judicial inquiry into the case. The Orissa Human Rights
Commission, however, have also taken suo motto cognizance of the case. Naik, an under trial prisoner in
Champua jail, was reportedly fallen ill at about midnight of June 30 and died in Champua hospital on July
1. However, the family members of Naik alleged that the jail staff informed them that Naik is not well and
admitted in hospital but when they reached there he was no more. They also raised questions in their
petition to the OHRC that when Naik was fit and fine on June 29, on what circumstances he suddenly fell
ill. How so many injury marks were there on his body? And finally, why the jail officials did not disclose
about his death to the family and why they took his father's signature on a plain paper? "They being
gullible poor people the jail staff are trying to suppress the facts. It is very clear from injury marks on his
body that he was tortured in the jail. How can a person died of diabetes within six hours while he was not
a diabetic at all?" asked Keonjhar district BJP president, Murli Manohar Sharma. (Times of India 10/7/09)

Auto driver dies in custody (1)
BANGALORE: A 26-year-old autorickshaw driver, who was allegedly beaten up by the police and
complainants, died in the custody of the R.T. Nagar police here on Saturday. Bangalore Police
Commissioner Shankar M. Bidari ordered the suspension of a police sub-inspector and an assistant sub-
inspector and transferred the case for investigation to the Corps of Detectives. Manjunath and his brother
Bhuvanesh, residents of Bhuvaneshwarinagar, were picked up by the R.T. Nagar police following a
complaint by Deepak, a private company employee, on Friday night. Deepak accused Bhuvanesh and
Manjunath of assaulting him and demanding the return of Rs. 10,000 Bhuvanesh had lent him.
Bhuvanesh alleged that police sub-inspector Siddalingappa beat up his brother badly in the police station.
Manjunath, who was said to have already been assaulted by Deepak and his relatives, developed chest
pain at the police station. Bhuvanesh alleged that assistant sub-inspector Nagaraj delayed in attending to
Manjunath who died while being taken from one hospital to another. Mr. Bidari said that as this case
pertained to custodial death, the city police would follow the norms prescribed by the National Human
Rights Commission. Siddalingappa and Nagaraj would be kept under suspension and a disciplinary
inquiry conducted, he added. This is the third custodial death reported in the city in the recent past. (The
Hindu 12/7/09)

Guj fined Rs2.7 lakh for illegal detention of boy (1)
New Delhi: In a rare judgment bestowing the fundamental right to life on foreign nationals, the Delhi high
court has directed the Gujarat government to pay a compensation of Rs2.7 lakh to the family of 13-year-
old "illegal Bangladeshi migrant" Shamim who was abducted by the state police from a Delhi slum last
year, kept in illegal detention and threatened with dire consequences. "The payment shall be made within
two weeks to petitioner Tasleema and her minor son (Shamim)," a bench of justices Badar Durrez Ahmed
and Ajit Bharihoke ruled. Scoffing at the Gujarat government's defence that the boy had "volunteered" to
accompany the plainclothesmen who raided his house at midnight without informing local police, the HC
said, "The moment the police officials from Gujarat took the minor boy into their vehicle, it amounted to
taking him into custody." The bench had directed the state to produce the child when Tasleema's lawyer
Nitya Ramakrishna pleaded that Gujarat Police had thrown all norms of civility and rule of law to the wind.
The judges examined Shamim's "categorical" statement made before a Delhi magistrate on August 2 last
year after he was released on the HC's order. He affirmed that he didn't accompany the Gujarat Police
officials "of his own volition". "He was forced to go with them. He was threatened with dire consequences,
including death. By no stretch of imagination can it be said that the 13-year-old boy 'volunteered' to go to
Ahmedabad and be placed in a lock-up there indefinitely by Gujarat Police," the HC stressed. "What is
more shocking is the fact that, admittedly, there was no case whatsoever against Shamim. Yet, Gujarat
Police came all the way from Ahmedabad to Delhi, beyond their jurisdiction, did not seek assistance from
local police, and set out in search of Shamim's father Mohd Azad, whom they apparently wanted to arrest
in connection with a criminal case in Ahmedabad," the judges observed. "They could not find Mohd Azad,
but found Shamim at his kabari shop. So they did the next best thing. They took Shamim into 'custody'
and took him from Delhi all the way to Ahmedabad and put him in a lock-up there," the HC said, adding,
"The fact that Shamim was taken into custody against his will would have to be read as his arrest and
detention in custody. Otherwise, any police officer can 'pick up' anybody and detain him without having to
fulfill the requirements of article 22 of the Constitution, because he can simply say he did not 'arrest' him
in the technical sense." When Gujarat Police said Shamim and his parents were illegal Bangladeshis and
their deportation had been orderedby the authority concerned in Ahmedabad and that he was an 'enemy
alien', the HC said, "Even if it is assumed that he is a Bangladeshi and, therefore, an alien, he would not
be an 'enemy alien' because India is not at war with Bangladesh." (DNA 14/7/09)

Mobs target cops after Alipore lock-up death (1)
KOLKATA: A 300-strong mob ran amok at Alipore police station on Sunday night, breaking furniture and
thrashing cops, after a lock-up death in the evening. A few constables were injured. A duty officer and a
constable were later suspended. Police claimed Sambhu Das (23) was a drug addict and committed
suicide in the lock-up. The Alipore Road resident had been picked up on a theft charge on Friday. He
allegedly hanged himself from the lock-ups ventilator bar using his pants just after 8 pm on Sunday while
the lock-up sentry was absent. Police rushed him to SSKM Hospital, where he was pronounced dead.
Officers later claimed he committed suicide as he was suffering from withdrawal symptoms. As news of
Das death spread, relatives and neighbours barged into the police station. The outnumbered cops bore
the brunt of the mobs fury as offices were ransacked and constables roughed up. (Times of India
20/7/09)

Custody death report (1)
The post-mortem on Shambhu Das, 23, who was found hanging in the Alipore police station lock-up on
Sunday, suggested he committed suicide. A scratch was detected on the body, but it was at least seven
days old and did not suggest foul play. Instead, the injuries on his neck showed Das had hanged himself,
said an officer of the homicide wing of the detective department. Das was arrested on July 17 on charges
of stealing. After his death, his family accused the police of torturing him. Two cops were suspended for
dereliction of duty and and the officer-in-charge of the police station was transferred and a case of
culpable homicide not amounting to murder started against him. The post-mortem report, however, failed
to reach the cops on Tuesday because of the traffic chaos in the city centre. It is expected to reach
Lalbazar on Wednesday. City detective chief Jawed Shamim said: We will submit the findings in court
and seek permission to close the case. (Telegraph 22/7/09)

Probationary SI held on rape charge (1)
HYDERABAD: A Sub-Inspector on probation, S. Suneel, 25, was arrested by the Malkajgiri police on
Tuesday on charge of inducing a 16-year-old girl into sexual relationship by assuring to marry her. A case
of rape under Section 376 of Indian Penal Code was registered against him. The probationary SI of 2007
batch hailing from Nizamabad district worked in Malkajgiri police station from November, 2008 to May,
2009 before he was transferred to Kukatpally. He happened to meet the teenager, daughter of a labourer,
studying eighth class in a school close to the Malkajgiri police station. The girl charged that he induced
her into sexual relationship promising to marry her. After getting transferred to Kukatpally, he reportedly
kept away from her, the Malkajgiri Inspector, M. Madhu Sudhan Reddy, said. When she insisted on
marriage, the probationer SI offered to give some money, the Inspector added. As he refused to marry,
the teenager lodged a complaint two days ago resulting in registration of rape case and his arrest. (The
Hindu 22/7/09)

Pay compensation to Sohrabuddins brother: court (1)
NEW DELHI: With the Gujarat government admitting that Sohrabuddin was killed in a fake encounter, the
Supreme Court on Monday asked the State to pay an interim compensation to Rubabuddin Sheikh,
brother of Sohrabuddin, and indicated that the case would be referred to the Special Investigation Team
(SIT), investigating the riot cases. A Bench of Justices Tarun Chatterjee and Aftab Alam, hearing a
petition filed by Rubabuddin for a CBI probe into the death in a fake encounter of Sohrabuddin on
November 26, 2005, and the subsequent killing of his wife Kausar Bi, asked the State government to
inform the court on August 11 the quantum of interim compensation it was willing to pay. The Bench also
wanted the State to spell out its stand on referring the case to the SIT for further probe, though senior
counsel Mukul Rohatgi, appearing for the State, pointed out that the charge sheet had already been filed.
The Bench also wanted to know the stand of amicus curiae Gopal Subramaniam. Senior counsel
Dushyant Dave, appearing for the petitioner, said that since the petitioner was suffering from cancer, the
question of compensation should be decided at the earliest. Mr. Rohatgi said: We admit that it is a false
encounter. Then Justice Chatterjee said: You will have to pay compensation. You cant escape from
your liability. Justice Alam said: Payment of interim compensation cant wait. You are liable to
compensate and you quantify the compensation. The Bench posted the matter for further hearing on
August 11. (The Hindu 4/8/09)

Cop lands in jail after custodial death (1)
Lucknow: A station officer in Bareilly district was arrested and sent to jail after being found prima facie
guilty of torturing to death a labourer following an altercation. Additional director general (law & order) Brij
Lal said a case of murder, loot and wrongful detention has been registered against Rahul Shukla, the SO
of Bhojipura police station, and a constable, Ramanpal Singh. The complainant, Islam Ali of Prahladpur
village, said in his FIR that his brother Salim alias Danna and three others were returning from the brick
kiln, where they work, around 11 pm on Sunday in a tempo when they were stopped by the SO and other
policemen. Islam alleged that the SO began hurling expletives while frisking them and Salim objected to it
and asked them to behave. This angered the SO who then bundled him and other locals in the police jeep
and took them to the police station. Ads by Google Learn Online Trading Learn The Story Of Money
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custody following which he fell unconscious. He was taken to the hospital where he was declared dead
on arrival. Islam stated that the SO called him up early Monday morning and asked him to come to the
mortuary. He found his brothers body lying there. Islam also alleged that the SO and the constables
snatched Rs 10,000 and a cellphone from Salim before he was taken to the police station. Bareilly DIG N
K Srivastava said the SO failed to give a convincing reply on the incident and that the primary
investigation showed it was a case of custodial death. (Indian Express 4/8/09)

Shopian: no bail for accused cops (1)
Srinagar, August 07, 2009 four police officers arrested in connection with the rape and murder of two
young women in south Kashmirs Shopian town on May 30, will have to remain in judicial custody. The
District and Sessions Court of Shopian rejected their bail application on Thursday. The four police
suspended officers SP Javed Iqbal Mattoo, DSP Rohit Baskotra, Station House Officer Shafiq Ahmad and
Sub Inspector Gazi Abdul Karim have been in judicial custody since July 30. People took to streets of
Srinagar on Thursday over an alleged custody death. Police said Mehraj-ud-din Sheikh was found heavily
drunk outside his house on Wednesday night and was taken to a hospital where he died. Sheikhs
relatives alleged he was taken into police custody and beaten to death. (Hindustan Times 7/8/09)

Custodial death of Save: family seeks compensation (2)
Even as a court in Umergaon has issued an arrest warrant against jailed Deputy Superintendent of Police
Dr N K Amin for his alleged role in the custodial death of retired Col. Pratap Save, the latters family has
moved the Gujarat High Court for monetary compensation from the state government. The family has
sought compensation on the plea that the police involved in the offence represented the state and was
acting on its behalf. The petition filed by the late Army officers wife Sunita under the Concept of
Constitutional Tort (CCT) is now pending before Justice K S Zhaveri. CCT was initiated by the Supreme
Court for seeking compensation in cases of violation of fundamental rights of citizens by government
agents, particularly in cases of police atrocities. In her submission, Sunita argued that her husbands
fundamental right to life, as guaranteed under Section 21 of the Constitution, was violated by the
policemen representing the state government, resulting in his death. Ads by Google Buy Tata Sky Today
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compensation, apart from criminal action against the accused policemen. Sunitas advocate Girish Patel
told The Indian Express that with the Umergaon court initiating criminal action against the accused
policemen, the claim for compensation has become much stronger. Patel said, under provisions of CCT,
the court does not need to wait for completion of the entire criminal proceedings to award compensation
in a prima facie case. Conducting a criminal proceeding could take a long time, he said. He said Justice R
R Tripathi of the Gujarat High Court had recently ordered a compensation of Rs 2 lakh to one
Kanchanben Vaghnani of Jamnagar district whose husband Prabhudas was killed in police action during
an agitation against the arrest of L K Advani during the Ramjanmabhoomi Rath Yatra in Bihar in 1990.
(Indian Express 9/8/09)

Deaths under a draconian Act (1)
A judicial probe was unavoidable in the case of the deaths in a suspected fake encounter of a young man
and a pregnant woman in Imphal, which have led to widespread protests in the Manipur capital. The six
commandos who were caught on camera hustling the young man into a pharmacy just before his death
have been suspended. Arguably, however, neither of these steps would have been taken with such
promptness if a local photographer had not been present on the scene. It was the publication of the
pictures in Tehelka, which sparked off the protests by human rights activists, leading to the promise to
hold the investigations after Chief Minister Okram Ibobi Singh said that he would ensure justice to the
victims. The imposition of curfew after the incident came to light was necessitated by the simmering
anger among the local people, who are no strangers to extra-judicial killings by the security forces. The
most infamous case was the custodial death of T Manorama in July, 2004, which led to protests by nude
women in the city streets. After that incident, the government was compelled to withdraw the draconian
Armed Forces Special Powers Act from the Imphal area. The latest deaths are bound to refocus attention
on this Act, which gives the security forces the licence to kill, according to those concerned with civil
liberties. It is worth recalling that Irom Sharmila has been on a hunger strike for the last nine years in
protest against the killings of 10 villagers by the Assam Rifles operating under the Act in the Imphal area.
Although the Union home minister, P Chidambaram, promised to consider amending the Act during his
recent visit to Srinagar, it is likely to take months, if not years, before any substantive action is taken. It is
known that the ordinary laws are not sufficient in the insurgency-prone areas, where the rebels operate
with impunity by taking advantage of their ability to hide among the locals. That the dead man was a
former militant might explain why the police wanted to question him, but not why he was shot in cold
blood, along with the young woman who was a bystander. What the twin tragedy underlines is the
absence of the kind of restraint that might be expected of a professional force presumably because their
actions are rarely questioned. The ensuing probe may act as a much-needed corrective in this regard.
(Express Buzz 10/8/09)

Custodial deaths among Dalits high (1)
THOOTHUKUDI: In Tamil Nadu as a whole, Thoothukudi and Tirunelveli districts were leading in
custodial deaths, said K Krishnaswamy, President of Puthiya Thamilagam party at Thoothukudi. Speaking
at a press meet, he cited the custodial death of Ramachandran on July 28 at Srivaikundam as the most
recent incident. Dalits and the weaker sections of people were the most affected by the issue of custodial
deaths. Though the police usually claim that the deceased is a habitual offender, no one can be a
habitual offender without the support of police, Krishnaswamy said. Krishnaswamy also condemned the
police, saying that so far no action has been taken against those responsible for the custodial deaths. He
alleged that the higher officials in the police department were also involved in the custodial deaths. The
torture and murder of Dalits in the name of custodial deaths should be stopped. Puthiya Thamilagam is
dedicated to the services of the weaker sections of the society and it will continue to fight for the rights of
the Dalits, he added. Krishnaswamy also condemned the inactivity of the government on the issue of
illegal acquisition of lands. The lands of the farmers have been taken away illegally by creating fake
pattas, yet, no criminal action was directed against the offenders. Krishnaswamy also requested the
District Collector to form a special team to look into the matter seriously. He added that government
officials were those who benefited by the NREGP scheme, since the workers were given only Rs 20
against the stipulated daily wage of Rs 80. Strict action should be taken against the corrupt officials. To
emphasise free and fair implementation of NREGP, Puthiya Thamilagam has planned to conduct
awareness rally in Chennai on September 9, he added. On the by-polls, he said that another
Thirumangalam is totally undesirable. Political parties are playing on the weakness of the people by
giving cash for votes. He added that he will campaign against cash-for-votes. (Express Buzz 10/8/09)

Protesters clash in Valley over alleged assault by CRPF men (1)
Srinagar, August 12, 2009: At least seven persons, including three policemen, were injured in clashes
between security forces and protesters on Wednesday after two CRPF personnel allegedly misbehaved
with a sister-brother duo in Qazigund town in Jammu and Kashmir. The two CRPF personnel were taken
into custody and an inquiry ordered into the incident, 80 kms from here, which brought traffic on Srinagar-
Jammu National highway to a standstill for nearly three hours, officials said. The trouble started this
afternoon when the CRPF personnel on duty at village Vassu allegedly made some offensive comments
against the girl. When her brother Arif Ahmad Bhat raised an objection, the CRPF personnel allegedly
assaulted him and the girl. Locals immediately took to streets and raised slogans demanding the arrest of
the accused. Police fired teargas shells and used batons to chase away the stone-pelting mob and the
ensuing clashes left seven persons including three policemen injured. The condition of a policeman, who
suffered a head injury, was stated to be critical and he was shifted to Soura Medical institute in Srinagar.
CRPF personnel Paramjeet Singh and Kanveera Ram, who allegedly misbehaved with the two youths,
were taken into custody and a case was registered against them. "Nobody is above law.... We have
already taken the protestors into confidence and assured them that appropriate action would be taken
against the erring personnel but some of them turned violent prompting police to act," Additional Deputy
Commissioner, Anantnag, Bashir Ahmad Khan said. (Hindustan Times 12/8/09)

Woman paraded naked by sarpanch (1)
KENDRAPADA: A 35-year-old Anganawadi worker was beaten and paraded naked by a sarpanch and
his aides at a Kendrapada village as "punishment" for lodging a police complaint against their extortion
bid. The barbaric incident took place at Nadiabarei village in the Patakura police station area on
Wednesday, police said after registering cases against the accused. The victim told police that the
sarpanch, Bibhuti Parida, and his henchmen had several times demanded rice, dal and baby food
allocated for poor villagers. On Tuesday, when she refused to give in, they abused her in filthy language.
This prompted her to lodge a police complaint against Parida and some of his aides. "The sarpanch, who
enjoys the backing of some influential politicians, was furious because I had dared to lodge a complaint
against him. He along with three of his men barged into my house, dragged me out and then shackled my
hands. They started raining blows on me. The four men then stripped me and forced me to walk through
the village," the victim said. "They threatened my husband and some other villagers with dire
consequences when they tried to rescue me from the extreme humiliation," she added. Several women
activists on Wednesday visited the village and met the victim and her husband. The activists shot off
letters to the State Women's Commission, the State Human Rights Commission and the chief minister,
demanding exemplary action against the accused. They alleged that police were shielding the culprits
because of political pressure. Police, however, rubbished the allegations. "We have filed a case against
the sarpanch and others under several sections of the IPC. All the accused are absconding and we are
conducting raids to catch them," officer in-charge (Patakura police station) Alok Ranjan Ray said. (Times
of India 13/8/09)

Man alleges torture by Dadar cops (1)
Mumbai: A Dadar-based foreign money exchanger has alleged that he and his two sons along with two
other cloth merchants were beaten up by three policemen of Dadar police station. He said that the
policemen used leather belts and wooden sticks to beat them and detained them for around five hours in
a lock up till 5.30 in the evening on Monday before releasing them on bail. Mangilal Jain, 50, proprietor of
Daspan Forex Pvt Ltd, a foreign money exchange shop opposite Dadar police station, said, "The incident
took place at around 10 am . Bhupendra Mehta and Manish Mehta, brothers and cloth merchants with
shops at Gokhale Road at Dadar (West) came to my shop and started quarreling over a business
transaction. A scuffle followed. Meanwhile, my son Hitesh rushed to the police station to alert the police,"
said Jain. According to Jain, cops, Chowdhary, Wankhede and Bapat in uniform, rushed into his shop and
started thrashing him, his two sons, Hitesh, 30, and Vikesh, 22, and the two cloth merchants with wooden
sticks. Later, they dragged them to Dadar police station where they used leather belts to beat them up.
They were detained till 5.30 and later released on a bail of Rs2,000 each. The deputy commissioner of
police (Zone-V) Milind Bharambe has said that an inquiry will be conducted in this matter. (DNA 18/8/09)

Alleged custodial death sparks tension (1)
CHENNAI: The death of a man allegedly in police custody sparked tension in the Neelankarai area early
on Tuesday. According to police sources, R. Usha Rani (32) of Venkatesapuram in Kottivakkam alerted
the police control room early on Tuesday morning that her husband N. Ramesh (35) had come home in
an inebriated condition and he might assault her. A patrol team reached the place within minutes and
picked up Ramesh. He was brought to the Neelankarai police station along with his wife. After preliminary
enquiries, police registered a case under Section 75 of the Madras City Police Act for nuisance and let
him go. Ramesh fell unconscious on the way home. On information, police rushed him to a private
hospital where doctors declared him dead. There was no external injury on the body. We suspect that a
sudden heart attack might have caused his death, Assistant Commissioner of Police (Thoraipakkam)
K.N. Murali said. The body was shifted to Government Royapettah Hospital for post-mortem. Friends and
relatives of the victim gathered in front of the police station alleging death in custody. Ramesh was living
away from his wife for about a year and the couple often quarrelled over petty issues, the sources said.
Commissioner of Police T. Rajendran said a probe by a Revenue Divisional Officer had been
ordered.(The Hindu 19/8/09)

Cop held for sexually exploiting teen (1)
Hyderabad, August 19, 2009: A sub-inspector, who alleged sexually exploited a college girl for months,
promising to marry her, was arrested by police in Andhra Pradeshs Guntur district and remanded to 14
days judicial custody. His colleagues arrested Ranganath Goud, sub-inspector at Ponnur in the district
after the Andhra Pradesh High Court on Monday threw out his petition seeking quashing of proceedings
against him. Goud had been absconding for the past two weeks after Razia Sultana (17), a B. Pharma
student, lodged a complaint with police accusing him of sexually exploiting her and then dumping her.
She alleged that Goud was trying to marry another girl. The police registered a case of sexual assault,
cheating and criminal intimidation against Goud and placed him under suspension. Razia began a fast
unto death on Sunday in front of the office of district police superintendent demanding that officials
intervene to make Goud marry her.(Hindustan Times 19/8/09)

Around 40 custodial deaths in 3 years (1)
CHENNAI: Rights outfits have identified the pervasive regime of impunity as the single most important
factor for widespread use of torture by the police in India. The men in khaki are rarely punished for their
transgressions, which run into a huge catalogue of torture, beatings and extra-judicial killings. The
absence of an effective redress mechanism for its citizens is glaring, thanks to New Delhis reluctance to
ratify the UN Convention against Torture, which it signed in 1997. Ratification of the international human
rights instrument would ensure that suitable measures are in place to prevent the use of the third degree
by the police to extract confession in custody, they say. While Maharashtra holds the dubious distinction
for the maximum number of custodial deaths in India, Tamil Nadu does not lag far behind. Quoting media
reports, rights outfits like Peoples Watch say there were close to 40 custodial deaths in the State during
2006 to 2009. Most of the victims were between 20 and 40 years of age and arrested for their
involvement in theft cases or sale of illicit arrack. Custodial death victims usually hail from backward
sections of society many of them are Dalits with little or no means to seek legal help, said a rights
activist. False cases are filed against communities like kal ottar, who belong to kuttra parambarai, he
added. The interrogation methods used by the police are crude and obsolete. Sources say there are 51
interrogation cells in the State. These are different from the regular police stations and are usually located
in the outskirts of the city or town. The police personnel here are experts in torture and employ different
methods to force confessions. While some succumb to the pain, others carry the scars throughout their
life. For those who want to lead a reformed life after their release from prison, it is frustrating to find the
police at their doorstep every time a crime is committed in the vicinity. The former convicts and their
nearest relatives, most often their wives, are taken to the police stations, where they are abused and
beaten. Many choose to end their lives unable to bear the torture. Narrating a spin-chilling incident that
took place in Theni district, an activist said a woman who was released after serving sentence for selling
ganja, was forced by the police to take up the trade again. When she refused, she was burnt by four
police personnel inside her house. In her dying declaration, she named the four men, who were placed
under suspension. All these measures are an eye-wash. There is need for systematic changes to check
police abuse and make them more accountable, the activists say. (Express Buzz 19/8/09)

Second custodial death in Chennai
A gunman, Shanmugasundaram, had allegedly killed an elderly couple in Chennai and looted cash and
gold. In a dramatic twist, he died in police custody on Tuesday - the second custodial death in the last
one week. Now, an inquiry has been ordered into Shanmugasundaram death in police custody. Initially,
there were some reports that the accused was caught by the public and roughed up. "The public only had
captured him and handed him over to the police. We will have to find out whether there was any torture in
the police station," said Revenue Divisional Officer, Chengalpet. The murder of an elderly couple and
then the death of the accused in police station. It will take some effort by the Chennai police to win back
people's trust. (NDTV 26/8/09)

NGO files complaint of custodial death (1)
A case has been registered in the Gujarat high court pertaining to a custodial death in a town of the
Mehsana district. The local police had allegedly beaten to death a local industrialist who was accused of
stealing articles worth of Rs1500 from the local temple. Justice HN Devani of the Gujarat high court has
stayed the investigation on the FIR lodged against deceased industrialist Yogesh alias Vishnu Chaudhary
and his aide Satyendra Chaudhry. Yogesh had a factory at GIDC, Mehsana and had a turnover of Rs40-
50 lakh per annum. 'Yogkshem foundation for human dignity' a human rights organisation, has
approached the high court regarding the custodial death. According to the Foundation, the duo was
brought to the Langhnaj police station on August 12 without any FIR being filed against them, nor was
relatives informed. Yogesh was allegedly tortured physically and mentally by the police personnel. The
police filed an FIR against both only the next day but still ignored informing their relatives. Yogesh
succumbed to his injuries on August 15. The foundation had to approach judicial magistrate to take action
against the erring police officers as repeated efforts by Yogesh's relatives to file complaint against the
erring police officers failed. According to the complaint, though Yogesh lost consciousness twice during
the police interrogation, he wasn't provided any medical attention. The foundation also alleged that the
police only acted upon suspicion without verifying the facts and intended to extort money from the rich
middle class industrialist. (DNA 29/8/09)

J&K should decide on Shopian probe: High Court (1)
SRINAGAR: Rejecting the Kashmir Bar Associations opposition to handing over the Shopian rape-
murder case to the Central Bureau of Investigation, the Jammu and Kashmir High Court on Friday said it
was up to State government to entrust it to the CBI or continue with the probe by the Special Investigation
Team of the police. Chief Justice Barin Ghosh, who along with Justice Mohammad Yaqoob Mir was on a
Division Bench, said: We make it amply clear that none of our orders, including the order dated July 4,
2009, shall stand in the way of the government altering the investigation agency. Meanwhile, Justice
Sunil Hali deferred to Monday the hearing of the bail application by Javid Iqbal Matoo, suspended
Superintendent of Police, and three other officers accused of destruction of evidence in the case. (The
Hindu 29/8/09)

Rs. 20-lakh award for clue to Shopian case (1)
SRINAGAR: Under pressure from the people and the Jammu and Kashmir High Court to unravel the
mystery behind the Shopian rape-murder case, the Special Investigation Team (SIT) of the police has
announced a Rs. 20-lakh award to anyone providing a clue. The SIT, in front-page advertisements in
local dailies announced: Anyone providing clues to [identification of] the culprits will be given Rs. 20-lakh
award. The name of the person providing the information will be kept confidential. The advertisement has
also given the mobile numbers of the SIT officers who could be contacted. Meanwhile, the Independent
Womens Initiative for Justice (IWIJ) from Delhi has alleged that the case is being covered up, even as
Chief Minister Omar Abdullah assured a visiting team that his government would make all efforts to get to
the bottom of the incident. The government is committed to punishing the guilty no matter who [they are]
and how high a position they hold, the team quoted him as saying. The IWIJ group, comprising historian
Uma Chakarvarty, law researcher Usha Ramanathan, lawyer Seema Misra, physician Ajita, human rights
activist Vrinda Grover, and journalist Anuradha Bhasin visited Shopian and talked to families of the
victims and other people, besides meeting the Chief Minister and police officials. Dr. Uma Chakravarty
said: The evidence of crime still exists and it can be pursued and secured even today, however the case
is being systematically covered up and the investigations are deliberately misdirected. The team said the
post mortem report lying with CID officials contradicted the original one forwarded by doctors to the Chief
Medical Officer, Shopian. Ms. Uma Ramanathan said: DIG CID, Abdul Gani Mir showed us a copy of the
post mortem report in which there is no mention of a floating test being conducted. However, they refused
to give us a copy. But the authentic post mortem report has a clear mention of the test which refutes any
[theory of] drowning. We wonder how many post mortem reports are being circulated in the security
agencies here. The team said the doctors were being harassed and the families of the victims were
intimidated, which indicated that manipulation was taking place at some point. It is extremely convenient
for the authorities to say that evidence has been fudged. It is just a ploy for not revealing the truth.
Terming the cash award offer an abdication of responsibilities, the team said: it clearly indicates the
governments lackadaisical, active disinterest and callous approach towards the issue. The team would
do a case watch of the incident. It is a battle against impunity. The members said, The incident
happened in the area close to the police lines, the CRPF camp and habitation. Yet there was no rigorous
questioning of the detained policemen. (The Hindu 30/8/09)

Justice denied as compensation claims hang fire (1)
CHENNAI: If justice delayed is justice denied, then no family member of any custodial death victim has
ever got justice in Tamil Just consider this. Rohini, whose history-sheeter-husband Lingam was beheaded
inside a sub-jail with the knowledge of an assistant jailer in 1992, got a compensation in 2008. The widow
of a bootlegger in Thanjavur's Bhoodhalur area, who was killed in the police custody in 1994, finally got
compensation in 2005. The family of Marisamy from Tirunelveli got compensation in 2008, though he was
found dead in police custody in 1998. Rajammal of Vaniambadi got her compensation in 2008, for her
husband's custodial death in 1993. Balu (26) was found dead inside Korattur police station in 1998, and
his family got its compensation only in 2008. Marisamy of Nelkattuseval village in Sivagiri was picked up
by the Sankarankoil police in Tirunelveli district on September 16, 1998 in connection with a petty case.
By noon his wife Kalithai received an information that her husband had hanged himself inside the station
toilet. The police said he had used his lungi as a noose around his neck. After it was closed as a suicide
case, Kalithai moved the high court seeking Rs 10 lakh compensation. A division bench comprising
Justice PK Misra (since transferred) and Justice K Chandru awarded Rs 2 lakh to her. But, by then, a
decade had gone by. Rohini, wife of the notorious Lingam, moved the High Court after her husband was
beheaded inside the Nagercoil sub-jail by a gang which had gained entry into the premises with the
connivance of an assis-tant jailer. Justice P Jyothimani, who awarded Rs 6 lakh as compensation besides
another Rs 3 lakh towards interest, said that be it a convict or undertrial or a notorious element, the duty
of the state organ such as the prison is to protect the life and limb of people under its custody and care.
But the relief reached Rohini in 2008, nearly 16 years after her husband met with the gory end. The death
of a bootlegger at the Bhoodhalur police station in Thanjavur district in 1994, too ended in the Madras
High Court awarding Rs 5 lakh compensation to his wife. Though a single judge first awarded only Rs
70,000 as compensation, a bench headed by the then Chief Justice AP Shah enhanced the amount to
over Rs 5 lakh. But the damages came 11 years after the incident in 2005. Justice KK Sasidharan
adopted a multiplier' formula, usually adopted only while awarding compensation to victims/kin of motor
accident victims, to grant Rs 4.32 lakh to a young widow B Ammu and her two children. Ammu's husband,
Balu, was picked up by the Korattur police on November 11, 1998 in connection with a theft case. Police
said Balu hanged himself with his lungi when they allowed him to go to a toilet in the station premises.
Though RDO inquiry concluded that it was a case of suicide, justice Sridharan said death while he was in
the custody of police is enough to order compensation. "Provisions of sister enactments like Motor
Vehicles Act can also be invoked for arriving at a quantum of compensation," he reasoned. Here again,
while the incident occurred in 1998, the compensation came to be awarded in 2008. The latest case is
that of R Dhanasekar, who was shot dead by an escort constable while the former was being taken from
a court to jail. It is suspected to be a revenge killing because head constable Murugan's mother was
murdered for gain a few months ago, and Dhanasekar is an accused in the case. Now Dhanasekar's
father has moved the high court for compensation. One does not know, how long the battle is going to
take. (Times of India 31/8/09)

Police inspector arrested for neglecting gang rape in lockup (1)
Betul (MP): A police inspector was arrested in connection with a case where a woman was allegedly gang
raped by policemen while in their custody, officials said here on Tuesday. The accused Anil Singh
Thakur, former in-charge of Amla police station, was arrested under section 212 (harbouring offenders)
and other sections of IPC last evening by a special team, they said. The other accused, head constable
Nandkishore Mishra and constable Satish Choure of Amla police station have been dismissed following
directions from State Director General of Police S K Raut, they said. The action against policemen were
taken after a woman arrested in a dowry case alleged gang rape by the head constable and others in
police custody on June 3. Following the complaint some women rights group raised the issue and
petitioned state DGP on August 4 in Bhopal following which he asked the Range DIG to probe the matter.
The DGP then directed the DIG to dismiss Mishra and Choure while Thakur was line-attached (removed
from field duties) to police line, they said. (Zee News 1/9/09)

Mentally-challenged youth shot dead by cops (1)
RANCHI: A 26-year-old mentally-challenged youth was shot dead by police, apparently in self-defence,
after he assaulted and injured two of them early on Thursday. Asif Hussain attacked two policemen at the
Khunti police station with a sharp weapon after he was thrashed and put into the lock-up for trying to
vandalize a milk van around 2.30 am. Trouble began when Hussain, who had slipped out of his home
around midnight, pelted stones at a milk van coming from Ranchi. The stone shattered the windscreen of
the vehicle and it turned turtle. Shaking with rage, the driver of the van immediately caught hold of
Hussain and took him to the police station, where he started arguing with assistant sub-inspector (ASI)
Kamta Prasad. The ASI slapped him twice and put into the lock-up. Following his release after about an
hour, he went straight to his house just a few yards away from the police station. Armed with a sharp
instrument, Hussain then headed straight for Prasad's room. There, he attacked the ASI twice, injuring
the latter in the left hand and forehead, and fled. Prasad had to be shifted to Khunti Sadar Hospital.
Around an hour later, Hussain once again attacked the police station and started abusing policemen.
When ASI Dasrath Paswan came out to see what the commotion was all about, the mentally challenged
Hussain lunged at the policeman, injuring him in the face and head. Police sources claimed that Paswan
fired six rounds from his service revolver after Hussain refused to budge despite repeated warnings from
the ASI. One of the bullets hit the youth. Paswan was taken to Sadar Hospital while Hussain was rushed
to Rajendra Institute of Medical Sciences (RIMS) where he was declared dead. Confirming the incident, C
P Narayanan, officer-in-charge of Khunti PS, said Hussain was shot in self-defence and that both the
injured police personnel have been shifted to RIMS later. Paswan was said to be in a critical condition.
People gathered around the police station early in the morning and demonstrated against the police
personnel, demanding compensation and a job for a member of Hussain's family. (Times of India 3/9/09)

Rights panel orders inquiry into Rajan's custodial death (1)
CHENNAI: The State Human Rights Commission (SHRC) on Thursday ordered an inquiry into the police
custodial death of Rajan alias Shanmugasundaram, the prime accused in the murder of a couple in
Panaiyur on August 24. SHRC, headed by Justice A S Venkatachalamoorthy, ordered the investigation
wing of the commission to look into Rajan's death, after receiving a complaint from Rajan's wife,
Amuthavalli, of West Saidapet. The investigation wing has been asked to submit its report within six
weeks. Ilangovan, a retired seafarer, and wife Ramani were shot dead in their home in Panaiyur, near
Neelankarai, allegedly by Rajan after he held them hostage for an hour. Rajan died in police custody on
August 25 under mysterious circumstances, although police claimed that he had died of injuries sustained
when the public beat him up after nabbing him. (Times of India 4/9/09)

Kendrapara Dalit girl murder: SI suspended (1)
KENDRAPARA: Sub Inspector of Kendrapara police station Khireswar Sahoo has been suspended on
the charge of gross negligence by not taking any action to rescue a minor Dalit girl of village Kapaleswar
on the outskirts of Kendrapara town. The hapless girl was allegedly raped and burnt alive by her
kidnapper and his parents recently, police sources said. On Wednesday, Chief Minister Naveen Patnaik
directed Director-General of Police (DGP) to investigate the case after a report on the rape and murder of
the minor Dalit girl was published in these columns. As per the order of the DGP, Inspector-General (IG)
Siddhartha Narvane, in-charge of Human Rights and Social Justice, rushed to the village of the victim on
Thursday for investigation. I met the parents and brothers of the deceased girl in their village
Kapaleswar. Champa, mother of the girl, alleged before me that she filed an FIR in the police station on
April 4 last year saying that village youth Kantia Mallick (24) had forcibly kidnapped her daughter. She
also requested the police officers of Kendrapara police station many times to rescue her daughter. But
they did not pay any heed to it, Champa alleged. Police simply entered her name as a missing girl in the
station diary, said Narvane. Champa identified SI Khireswar whom she met at least twice after filing the
FIR. But the police officer did not pay any heed to her plea. I will submit a detailed report about this
gruesome murder, said Narvane. Kantia Mallick demanded Rs 50,000 from us to release my sister from
his custody, said Bhagawan Mallick, brother of the deceased girl. The 16-year-old Dalit girl, daughter of
Sridhar Mallick, died of burn injuries on Tuesday evening in a hospital. She was set on fire because she
snubbed Kantia who had allegedly been harassing her. Last year Kantia allegedly kidnapped her. The girl
had an altercation with Kantia on Monday in his house after which he allegedly doused kerosene on her
and set her afire in the presence of his parents. Police arrested Kantia, his father Ratnakar Mallick and
his mother Ghungure of village Kapaleswar on the charges of kidnapping and killing the minor girl. All the
arrested persons were produced in the court of Sub-Divisional Judicial Magistrate (SDJM) at Kendrapara.
The court rejected their bail applications and remanded them in judicial custody. (Express Buzz 5/9/09)

HC to resume hearing in Shopian bail plea tomorrow (1)
Srinagar: The Jammu and Kashmir High Court will resume hearing arguments tomorrow in the bail plea
moved by the former Superintendent of Police Javed Iqbal Mattoo and DSP Rohit Baskotra, arrested for
alleged destruction of evidences in Shopian twin rape and murder case. When the proceedings in the
case resumed today, Justice Sunil Hali heard objections raised by Mian Abdul Qayoom, president High
Court Bar Association. After hearing the arguments, Justice Hali listed the case for tomorrow. On Friday,
the Special Investigating Team (SIT) had submitted before the court that it could not set a date for
completing the probe into the double rape and murder. Inspector General of Police Farooq Ahmad, who is
supervising the probe, stated this in an affidavit in response to the High Court asking him to give a time
frame as to when it would complete the probe. The IGP informed the Court that under section 161 Ranbir
Penal Code, police had so far recorded the statements of 80 people apart from the statements of two
witnesses, Ghulam Mohi-ud-din Lone and Abdul Rashid Pampori. Their statements were recorded under
section 164 before a magistrate. He said the police had sought time from September 14 to 19 from the
Gujarat Forensic Science Laboratory for the narco-analysis of witnesses. (DNA 7/9/09)

Guj Govt rejects Ishrat encounter judicial inquiry report (1)
Amedabad A defiant Gujarat government rejected a judicial inquiry report that 19-year-old Mumbai
college girl Ishrat Jehan and three others were killed in a fake encounter in 2004, saying they were LeT
operatives planning terror strikes in the state. Slamming Metropolitan Magistrate S P Tamang for
"overstepping" his jurisdiction by submitting his report, the state government said it will challenge it in a
higher court. Tamang in his report has concluded that four persons-- Ishrat, Javed Ghulam Sheikh alias
Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani--killed in an
encounter on the outskirts of the city on June 15, 2004, were not linked with Pakistan-based terror outfit
Lashker-e-Toiba as claimed by the police. "Magistrate Tamang's report is bad in law, and he has
overstepped his jurisdiction by submitting his report even before a high-level committee appointed by the
high court to probe the matter could do so," Gujarat government spokesman Jaynarayan Vyas said. "The
report prepared by the magistrate is beyond the jurisdiction of section 176 CrPC and will not stand legal
scrutiny," Vyas told reporters. "It has become increasingly evident that there is man-eating government in
Gujarat", Congress spokesman Manish Tewari said in New Delhi, adding the Supreme Court or the
Gujarat High Court should take suo motu cognizance of all encounters between 2001-09. Modi would
have been in "some other place" if the fake encounter had taken place in a foreign country, Law Minister
M Veerappa Moily said implying that in such cases action would have been taken. "There are many such
cases which are coming up now. If more investigations are conducted, more skeletons will tumble out," he
said. In Ahmedabad, Vyas told reporters, "The report prepared by the magistrate is beyond the
jurisdiction of section 176 CrPC (inquiry by magistrate in to cause of death) and will not stand legal
scrutiny." Quoting government affidavit, he said it clearly stated that Ishrat and the other three were LeT
operatives and were planning terror strikes in Gujarat. Tamang's report said the encounter in which Ishrat
and others were gunned down was fake and executed in "cold blood" by police officers. The report
accused senior police officers of "staging" the encounter and using their service revolvers to shoot the
victims at "close range".Even the autopsy report said the death of the four were due to bullet injuries, it
added. The report alleged that police officers including the then city police commissioner K R Kaushik,
then JCP (crime branch) P P Pande, suspended DIG D G Vanzara, then ACP G L Singhal, and ACP N K
Amin had planned this encounter to get promotion, to secure their positions and to get accolades from the
chief minister. (Express India 8/9/09)

Woman alleges torture by IPS officer-husband (1)
CHENNAI: The irony cannot be more striking: A self-respect marriage that never took off and the woman
now accusing her husband, an IPS officer, of cheating, co-habitation caused deceitfully inducing belief of
lawful marriage, marriage ceremony fraudulently gone through without lawful marriage, dowry
harassment, criminal intimidation etc. Within two months into wedded life, T Sharmila, a former bank
officer, was allegedly told by her husband S R Samuel, Commandant, 13th Battalion, Indian Reserve
Police, Jammu, that she was not his legally wedded wife and that ours was a sham ceremony to please
his parents and to assuage his sexual urges. In her nine-page complaint to the City Police Commissioner
T Rajendran on Monday, Sharmila said she was a Hindu Yadav by caste, and married Samuel, a
Christian Yadav, in a self-respect marriage ceremony on February 2 only after she was entirely convinced
by the man himself, his parents and friends that he had reconverted to Hinduism and was a staunch
Hindu and a vegetarian. Even during the lavish marriage ceremony, conducted in the presence of
Minister for Slum Clearance Subha Thangavelu, the bridegroom acted like a Hindu, wearing vibhuthi and
kungumam on his forehead, she said. She was soon in for a nasty surprise. The most shocking discovery
was on the wedding night itself, when she found that he was bald and wore a wig. Weeks of ill-treatment
followed - at his house in his native town, Paramakudi, his close friends house in Madurai and later at
Leh, she alleged. But she got the greatest shock when she heard him confess on April 13 that he had
married her at the insistence of his parents and that he had not converted to Hinduism and had opted for
a self-respect ceremony because it was only legally valid between Hindus. Since he remained a
Christian, she was not his legally wedded wife and the child she was carrying was also illegitimate. A
self-respect marriage is legally valid only if it is between Hindus, Sharmilas lawyer and civil rights activist
Sudha Ramalingam told Express. Samuel told her that he was a Hindu and, hence, Sharmila thought
she was his legally married wife. But he cheated her, she said. Samuel was already married and
divorced. He was bald and was probably not getting any marriage proposals. Hence, his parents could
have come up with this idea of getting him married to Sharmila, she added. Sharmila alleged that her
husband, his family and friend claimed they were close to ministers, MPs and a top police official and
threatened to implicate her and her family in grave offences. Asked about the police chiefs response, the
lawyer said he had assured them of all help and forwarded the petition to Assistant Commissioner (Anti-
Dowry Cell) Vimala. Denying all charges, Samuel said he had filed a divorce petition in the family court
and would abide by the courts decision. (Express Buzz 8/9/09)

Molest cop in cuffs after a year (1)
A sub-inspector of Uluberia police station, who had been ignoring court summons in a molestation case
against him, was sent to three days judicial custody on Tuesday. Soumen Choudhury, the accused
officer, appeared before the additional chief judicial magistrate following the expiry of a stay on an arrest
warrant against him. The sub-inspector visited the house of Yad Ali at Moubesia village under Howrahs
Uluberia police station on May 28, 2008, to investigate a complaint of torture lodged by his daughter-in-
law Julekha Bibi.Ali later lodged a police complaint alleging that Choudhury took Halima Begum, another
of his three daughters-in-law, to a room where he molested her. The woman took ill and had to be
admitted to a hospital, where she was under psychiatric treatment for three months, the complaint stated.
Ali had alleged that he had approached the superintendent of police and other senior officers but no
action was taken against Chowdhury, prompting him to file a suit in Uluberia court on August 16, 2008.
Choudhury appeared before the additional chief judicial magistrate a few days later and was granted bail.
But he had never appeared in the court after that, ignoring several summons. On July 4, 2009, the
magistrate asked the police to issue an arrest warrant against the accused. The cop then moved the high
court and got a stay for eight weeks on the magistrates order. The period of the stay ended on
September 4. Chowdhury appeared before the magistrate on Tuesday and prayed for bail. But the court
rejected the plea and remanded him in judicial custody for three days. I am happy the man is finally
behind bars, Ali said. (Telegraph 9/9/09)

Apunba Lup alleges torture (1)
Imphal, September 08, 2009: The Working Committee of the Apunba Lup has alleged that its arrested
activists including women are being subjected to inhuman treatment and torture in the jail. In a statement,
the Lup which is spearheading the ongoing public agitation against the July 23 Khwairamband Bazar
incident, said the attempt of the Ibobi Singh led Government to protect the accused and subject the
innocent to inhuman treatment along with slapping various Acts, is very unfortunate. Chief Minister O
Ibobi Singh and the State police should realise what they are doing is against the rules of United Nations
on treatment of prisoners and other International humanitarian laws, the Lup said, while decrying the
alleged silence of the National Human Rights Commission, State Human Rights Commission and the
State Women Commission over the matter. Cautioning against continued excesses of the security forces
on the people, the Apunba Lup said this may led to a civil war against the Ibobi regime sooner or latter.
History is witness to the downfall of infamous dictators and fascist rulers of the world and it should be
understood that in a democracy, no one can remain in power any longer without the support of the
people. Ridiculing the excesses of the security forces in Manipur, Apunba Lup observed that if Mahatma
Gandhi, who had fought against the British rule and regained the independence of India, happened to
have launched his protest against Ibobi led Government and its police commandos then Mahatma Gandhi
too would have been detained under NSA and lodged in the jail. The Apunba Lup also rejected the State-
sponsored judicial inquiry saying it is nothing by a delaying tactic of the Government to disintegrate the
people from the common cause.(E PAO 9/9/09)

Shopian activist found murdered in Kashmir (1)
Srinagar, Sep 9: Tension has mounted again in the south Kashmir town of Shopian after an activist of the
Shopian double murder case was found murdered in an orchard. 42-year-old, Muhammad Husain Zargar
had been picked up by some unknown people from his house on Saturday, Sep 5. Police found his body
in a local orchard in Tuesday, Sep 8. The body has been kept in a local hospital for autopsy. Muhammad
Shafi Khan, local action committee president, has called for an indefinite strike in the town on
Wednesday, Sep 9, to protest what he claimed had been the murder of their activist. (One India 9/9/09)

Gujarat to challenge magistrates report (1)
GANDHINAGAR: The Gujarat government has questioned the inquiry report of Ahmedabad metropolitan
magistrate S.P. Tamang, holding as fake the alleged encounter, which led to the killing of Ishrat Jehan
and three others on the outskirts of Ahmedabad in June 2004. Claiming that the encounter of the four
alleged Pakistan-based Lashkar-e-Taiba operatives was carried out on the basis of information given by
Central intelligence agencies, Health Minister Jaynarayan Vyas said the State government would
challenge Mr. Tamangs report in court. Quoting from an affidavit filed in the Gujarat High Court by Under
Secretary (Internal Security) in the Union Ministry of Home Affairs R.V.S. Mani, Mr. Vyas also questioned
the metropolitan magistrates authority to hold the inquiry under Section 176 of the Cr.PC which he
claimed was specifically meant for custodial deaths. Ishrat and the three others were killed in an
encounter on the road and not in police custody. Pointing out that the High Court was seized of the matter
and had constituted a three-member special investigation team of top police officers for a fresh inquiry
into the Ishrat encounter, Mr. Vyas said since the matter was sub judice, the metropolitan magistrate
should not have made his inquiry report public. He said the principle of natural justice demanded that the
accusedbe given a fair opportunity to present their side but Mr. Tamang had heard neither the version of
the accused police officials nor the State governments. It was intriguing that the entire investigation was
completed and the report submitted in just 25 days after Mr. Tamang was asked by the Chief Metropolitan
Magistrate to look into it on August 12. The State government was also not supplied with a certified copy
of the report, which was, however not binding on the government, he said. (The Hindu 9/9/09)

Woman moves SC for probe into 'custodial death' (1)
AHMEDABAD: The city police are in a spot after a writ petition accusing them of custodial death was filed
in Supreme Court. The petitioner has sought thorough probe into the case and constitution of a judicial
commission to investigate all such custodial deaths, including fake encounters. The petitioner, Mariam
Kasim Jaffer Hussain, has claimed that the city police carried out a raid on a Hotel Royal on April 13,
2006 and detained 18 persons, including her husband Kasim who had a tiff with police officer JM
Bharwad. After being taken to Shahibaug, Kasim was brutally beaten up and taken away from the
detention centre. "Other people who were with my husband were conveyed that Kasim had escaped from
police custody. On April 17, his body was found in Shahibaug area. A note was issued that an unknown
person has been killed in an accident and persons who know him should approach police for
identification," Mariam said. She claimed that when they found the body, a bullet wound was found in
Kasim's head. She has alleged that her husband was killed during police custody. Mariam said she along
with an NGO Citizens for Justice and Peace filed a writ petition in the SC and urged the court to join them
as party in an application pending by Javed Akhtar demanding probe in all Gujarat encounter killings.
(Times of India 10/9/09)

22-yr-old dies in police custody, family alleges he was tortured (1)
Mumbai, September 12, 2009: Mystery shrouds the death of a 22-year-old historysheeter at Ghatkopar
police station on Friday morning. While the police claim drug overdose might have killed Altaf Shaikh (22),
the family alleges that he died due to police torture. His mother, Mehrunissa, claimed there were injury
marks on his body. At 4 am, Shaikh, who is employed as a driver, was picked up from his Parksite
residence in Vikhroli even as his parents and two brothers protested. He was detained as a suspect in a
number of house break-ins in Ghatkopar. Five hours later he was found slumped over a bench in the
detection room. When the senior inspector was taking rounds of the police station at 9 am, he found
Shaikh lying on the bench in the detection room. After failing to revive him, the officials rushed him to
nearby Rajawadi Hospital. He was declared dead before admission, said Ritesh Kumar, additional
commissioner of police (east region). The police claimed that Shaikh was high on drugs when he was
brought to the station. His family too told us that he was a drug addict. We recovered two tablets of a
narcotic substance from his house, said Rajkumar Vatkar, deputy commissioner of police, zone VII.
There are over 12 cases of chain snatchings and vehicle thefts against Shaikh. He had been externed
thrice, the latest on January 2, said Kumar. He was picked up after we received several tip-offs about
his involvement in the recent house break-ins at Ghatkopar. Shaikhs body has been sent for post-
mortem to JJ Hospital, the results of which will ascertain the cause of death. But Shaikhs family and
friends, who reached Rajawadi Hospital to claim his body, alleged that it was a case of custodial killing.
At 4 am, four policemen came to our house, threw Altaf on their shoulders, who was half asleep, and
left, said Mehrunissa. When they asked the policemen why they were taking him, they told the family to
come to the police station. When I went to the police station at 1.30 pm, they told me that Altaf had been
admitted to Rajawadi following a minor head injury, said his sister-in-law Reshma. The family alleged that
the police would often summon Altaf to the police station in some case or the other. In 2003-06, 17 cases
of custodial deaths were reported in Mumbai.(Hindustan Times 12/9/09)

Custodial death case; four police personnel suspended (1)
Jammu, September 14, 2009: Taking serious view of the death of a Gujjar in custody, police on Monday
suspended four police personnel in Rajouri district. Senior Superintendent of Police Shafkat Wattali
ordered suspension of Assistant Sub-Inspectors Pritam Singh and Vicheter Singh and constables Abdul
Rashid and Tufail Ahmed in connection with the death of Gujjar Noor Hussain in police lock-up on
September 12. The police picked up Hussain after non-bailable warrants were issued against him in a
case. He ate some powder-type medicine after telling police that he was ill. He was later taken to a
hospital in Rajouri in a critical condition where he died. Following his death, nearly 900 people of
Chowdary Nar village blocked traffic on Sheri-Kashmir bridge and raised slogans against the police on
Sunday. (Hindustan Times 14/9/09)

We aren't covering up assault on Indians: Australian police (1)
MELBOURNE: The Australian police on Wednesday denied that a deliberate decision was taken to
minimise publicity over the brutal assault on four Indians at the weekend. The Indians were attacked by a
group outside a bar in Epping on Saturday and the attackers told the victims "You Indians, just go back to
your country".Acting senior sergeant Glenn Parker, who was one of the officers at the scene, says police
acted swiftly, arresting four men and taking statements from the four victims. He says there was no
attempt on the part of police to play down the incident. "It wasn't raised as an issue at that time, there has
been no delay on the part of Victorian Police," Parker was quoted as saying by ABC News on
Wednesday. "As I say it has been from the word go, it has been an investigation, I guess it has just
attracted the attention of the media in the last day or two." He says there has been no attempt by police to
minimise publicity about the incident. "There's certainly no act to suppress what has taken place at all," he
asserted. He says racist violence is unusual in Epping. The attack comes as Victoria's Premier John
Brumby prepares to go on a mission to India to help repair Australia's reputation. The victims say they
were bashed by up to 70 people in a car park in High Street at Epping Saturday night. But the police say
there were only four or five offenders, although there were another 15-20 people making racist
comments. There have been a string of attacks on Indian students since May this year. The attacks have
caused an uproar in India. India's external affairs minister SM Krishna was assured by Canberra that
students from India would be taken care of. The latest attack takes place after a brief lull in such incidents
in which the victims maintain that the assaults were racially motivated. The brother-in-law of two of the
victims, Onkar Singh, told ABC's AM programme that his relatives have suffered serious injuries.
"Sukhdip got very badly injured in that and Gurdeep has his jaw broken. Mukhtair's (the uncle) shoulder is
broken," he was quoted as saying. "When the attack happened there was a lot of people, about 70, and
they might have run away or something because they can all see the whole car park was full with
them."(Times of India 16/9/09)

UP: Panchayat bans Dalits from entering fields (1)
Muzaffarnagar, Sep 16: A community panchayat has banned the entry of Dalits in agriculture fields after a
member of the community filed a police complaint accusing an upper caste of rape attempt, a villager
said. Dalits have been debarred from cutting grass and carrying out other labour work in Wazirabad
village of the district. The panchayat took the decision in response to filing of an FIR by a Dalit man
alleging that Vinod Kumar tried to rape his wife on Sep 10. The panchayat though decided that Vinod was
being 'falsely' implicated. Tension prevails in the region but DSP Nitin Tiwari said police are taking
precautionary measures in order to prevent the disruption of law and order.(One India 16/9/09)

Petition on custodial death dismissed as premature (1)
CHENNAI: The Madras High Court on Tuesday dismissed as premature a public interest litigation petition
seeking a direction to the State Government to register a case against police personnel under section 302
IPC in connection with the death of one P.Rajan alias Shanmugasundaram on August 25. Rajan was
allegedly involved in a case of double murder of a couple at Neelankarai here. He was nabbed by the
local people and handed over to police on August 24. In his petition, P. Pugalenthi, Director, Prisoners
Rights Forum, said that according to police, Rajan swooned during interrogation and was declared dead
when taken to a hospital. He said Rajan had died while in police custody. The fair course of law would be
to register a case against the police personnel concerned under section 302 IPC. In its order, a Division
Bench comprising Justices D.Murugesan and M.Jaichandren said in its view the petition was premature
and though the petitioner may have a justified grievance, it could be exposed if the government failed to
act in spite of an adverse report against the police officers concerned. The Bench said it was not
expressing any opinion either on the averments made in the affidavit or investigation so far conducted or
the enquiry by the RDO. However, it made it clear that the petitioner was at liberty to expose the
grievance only as and when it became necessary. The Bench said registration of an FIR against the
police personnel concerned would be on the basis of the report of the RDO or the magistrate. (The Hindu
17/9/09)

CBI team in Srinagar to probe Shopian case (1)
Srinagar: A nine-member CBI team arrived here this afternoon after the agency registered a case to
begin its probe into the alleged rape and murder of two women in Shopian district of Jammu and Kashmir.
Headed by Deputy Inspector General of Police in the CBI Satish Golcha, the team will hold discussions
with the Special Investigating Team headed by Inspector General of Police (Kashmir range) Farooq
Ahmed, official sources said. A CBI spokesman in Delhi said the agency has registered a case and the
probe has begun. Ahead of the arrival of the team, a wish-list was handed over to the state government
by the CBI in which the agency demanded that the Special Secretary in state home department should be
the pointsman for the CBI officials in case of any necessity. Besides lodging facilities, the CBI team
demanded four bullet-proof vehicles and eight escort teams, and internet connections not only in Srinagar
but also in Shopian district. The team has also demanded a host of liaison officers and translators which
will assist the agency sleuths during the probe. Notwithstanding its opposition, the Government had
directed the CBI on September 15 to investigate the alleged rape and murder of Neelofar (22) and Aasiya
(17) whose bodies were found on May 30 this year. Department of Personnel and Training had issued a
notification under section five of Delhi Special Police Establishment Act asking the CBI to take over the
case in a day or two. The DoPT notification was issued on Monday after CBI director Ashwani Kumar said
the agency had informed the government about its reservations to take up the case but left a final
decision to the government. Jammu and Kashmir government had on September 9 approached the
Centre for ordering a CBI probe into the alleged rape and murder, which had sparked widespread street
protests in Shopian for days together, after the Special Investigating Team of the state failed to make any
breakthrough in it. The state government had informed the Jammu and Kashmir High Court that it would
be transferring the case to CBI to which the court had replied that it did not have any objection but would
continue to monitor the progress in the case. This has been done for investigation of offences arising out
of FIR number 112/2009, regarding gruesome murder of Neelofar Jan, wife of Shakeel Ahmad Ahanger,
and Aasiya Jan, daughter of Abdul Gani Ahanger, residents of Bongam, Shopian registered in police
station, Shopian, it said.(DNA 17/9/09)

'Lost' papers haunt HIV+ve woman (1)
CHANDIGARH: When a two-year fight for justice finally landed two health workers accused of sexually
harassing an HIV positive woman behind bars, the victim had heaved a sigh of relief. Little did she know
that this very justice would apparently become an impediment in her way to better health. In 2007, James,
a senior technician at PGI and Nekram, a counsellor with Chandigarh AIDS Control Society, were
arrested under rape charges after they were accused of seeking sexual favours from the victim, who is
HIV positive. After their arrest, the woman had hoped of continuing her treatment at PGI. However, she
alleged, cops lost her medical records, making her unable to do so. Police misplaced some of the
medical reports that I required to continue my treatment at PGI. For six months, my health was held at
ransom to official carelessness, the woman alleged. The records reportedly included reports that
confirmed the womans HIV status.Interestingly, in what seems like an action that resulted from medias
prodding, police handed over the medical file to the woman on Thursday. I was taken by surprise when
the investigating officer called me on Thursday evening, asking me to collect the papers. At least I can
start my treatment again, the HIV positive patient added. However, police denied the allegations that the
records had been displaced. The file was kept for investigation. Until the inquiry is complete, we cannot
hand over the original documents to anyone, said Gurjit Kaur, the investigating officer in the case at
Woman and Child Support Unit.(Times of India 18/9/09)

Nine cops jailed for 11-yr-old misdeed (1)
VARANASI: After a decade, nine policemen, who are accused of killing innocent persons in fake
encounter, were sent to jail in Bhadohi district on Tuesday. "Parivar ko bhukhey pet rakh ke case lada hai
sahab. Nyayalaya pe pura bharosa hai hamein nyaya milega (We fought the case on empty stomachs.
We have belief in judiciary)," says Pannalal Yadav, a native of Barwa village who heaved a sigh of relief
for the first time in 10 years, when he got the news that the nine accused policemen out of 33 were sent
to jail. His son Om Prakash Yadav alias Munna was killed in a fake police encounter. Pannalal's son and
three other innocent youth- Shamim alias Natey, Kiran Dalit and Ajay Singh- were gunned down by the
policemen in Sarroi area in Bhadohi district on October 17, 1998. After killing them, the Bhadohi police
claimed that they had eliminated Dhananjay Singh, now a Bahujan Samaj Party MP from Jaunpur who
was among the rewarded criminals of this region in 1998, with his gang members. Senior local
Samajwadi Party leader Akhilesh Singh said: "We have not forgotten how the police had avoided handing
over the bodies of the killed youth and cremated them secretly when we proved that instead of a wanted
criminal, they had killed innocent youth. Increasing resentment among people compelled the then
government to engage the CB-CID in the matter. And the agency found that the encounter was totally
fake as no criminal record of any of the killed youth was found. The CB-CID lodged an FIR against 33
policemen, including the then CO Akhilanand Mishra. Immediately after this development, Mishra and his
three subordinates took shelter of the high court and succeeded in getting a stay orders to avoid arrest.
One of the accused died in the meantime, while one constable surrendered before the court. The CB-CID
filed the charge sheet against the 33 accused policemen in the court in May 2007. The accused were
booked under section 147, 148, 302, 201, 120(B), 218 and 34/409. Later, the court continued issuing
warrants against other 27 policemen. However, none of them responded while the police also avoided
arresting the accused. Finally, the court issued non-bailable warrant and ordered to initiate action under
section 82 of the CrPC. To execute this order, notices were forwarded to the principal secretary home to
ensure their execution. The same move resulted in the surrender of nine policemen including SI
Ramayan Singh Yadav, constables Vijay Bahadur Singh, Ramjanam Bharti, Ravindra Kumar Tiwari,
Kailashnath Singh, Ram Awatar Singh, Ram Jyoti Singh, Satyanarain and Samshuddin, before the court
of chief judicial magistrate (Bhadohi) Intekhab Alam on Tuesday. The arrested were sent to jail. This
development generated a ray of hope for parents of fake police encounter victims. Pannalal said: "My
struggle has not ended as many other killers of my son have not been arrested so far." But, he is hopeful
of justice and says his faith on judiciary has started yielding results. This elderly man and his family have
kept the son and daughter of Om Prakash in dark by telling them that their father is serving some
company in Mumbai. "Lekin ab bachchey sayane ho gaye hai. Puchhate hai baki sab ke papa aatey hai
hamare kyo nahi (But now the kids have grown up and ask why their father dies not visits them)," said
Pannalal with concern. The financial condition of the family has worsened due to court expanses. (Times
of India 1/10/09)

Custodial torture: NCM may summon Vadodara cops (1)
The National Commission for Minorities (NCM) will shortly visit the city and summon police officers, if
need be, in view of complaints of police torture on five youths arrested allegedly for assembling a crude
rocket launcher. NCM, in a letter to the state chief secretary, has also sought submission of the medical
examination reports of the five youths. The family members of the five detainees and the community
leaders took up the matter with the NCM on Tuesday alleging torture on them in custody. They also said
the police threatened them with dire consequences if they spoke out against the police atrocities. Five
people were arrested by plain clothes policemen from Patel Faliya of Hathikhana in Vadodara between
September 1 and 3. They were alleged to have hatched a conspiracy to create communal disturbance
during Ganesh Visarjan in 2008. The police said the accused had also assembled a crude rocket
launcher. The family members said that even the people who tried to help them were threatened by the
police. Following their representation, the NCM asked the authorities to conduct medical test on the
accused and demanded the report. The NCM, in its letter to the state Chief Secretary, stated they will be
visiting Vadodara and summon the concerned police officers if needed. Vadodara Police Commissioner
Rakesh Asthana said, We have not received any letter from the NCM. If it is addressed to the chief
secretary, when it reaches us and we will act on it accordingly. The chief secretary remained unavailable
for comments. (Indian Express 2/10/09)

People are being exported to Gujarat for encounters (1)
Civil rights groups have criticised the governments double standards saying that it first kills minorities
citing a war against terrorism but during elections it comes out with many plans for them. Rights group
Awami Bharat called a press conference on Saturday to expose the nexus between the police and
politicians in encounter killings. Earlier, encounters used to take place in Maharashtra. Now the
government has started exporting people from Maharashtra to Gujarat to kill them, activist-lawyer Mukul
Sinha said at the conference. Sinha also represents the family of Thane girl Ishrat Jahan who was killed
in an encounter by the Gujarat police in June 2004. According to the Gujarat police, the teenager was on
a mission to kill Gujarat Chief Minister Narendra Modi. Ahmedabad metropolitan magistrate SP Tamang,
in September, concluded that the encounter was fake. Sinha said the line between genuine and fake
encounters has faded and the encounter killing of Ishrat had exposed the Gujarat government.
Encounters and riots are all state sponsored, Sinha said. On the Ishrat case, Sinha said until the date of
the final argument he did not know that that there was an affidavit filed by the central government saying
that Ishrat was linked to the Lashkar-e-Tayyeba. An officer heading the Gujarats intelligence bureau in
2002 and in whose tenure the state saw the highest number of encounters must have added to the
Centres affidavit, said Sinha. Just before the Maharashtra elections the Centre filed another affidavit
saying it has no objection to an independent inquiry into the case, he said. (Hindustan Times 4/10/09)

Minority report: Design behind linking Muslims to terror acts (7)
NEW DELHI: Khatoon, Musarrat and Shamima were present at a meet on "What it means to be a Muslim
in India Today" organized by Anhad in the capital. Speakers, including eminent lawyers and the next of
kin of arrested persons on terror charges, levelled serious allegations against police and state
governments and spoke of an increasing incidence of discrimination against the community. "Police are
arresting people violating all norms. They don't wear name plates, come in vehicles without number
plates and create fear among the mass. "Every year, 10,000-12,000 young boys used to leave Azamgarh
for higher studies this year it has reduced to only 2,000," claims Tarique Shafique, general secretary of
Sanjanpur Sangharsh Samiti. The two slain terrorists in Batla House encounter Atif and Asif came
from here. Tarique claims there was a design behind branding Azamgarh a terror tinderbox and that the
two were innocents and had only come to Delhi to pursue higher studies. Khatoon also agrees with
Tarique when it comes to a 'design' behind linking Muslims to terrorism. "Common Hindus or anyone
belonging to any other religion have nothing against Muslims. Political leaders design the attacks and
conspiracy. The cops who picked up my son said they would be brought back after being produced
before the 'bade sahab' and I am still waiting. If someone tells me who that 'bade sahab' is, I will meet him
and seek the release of my sons," the old women laments. Narrating their case, Musarrat says the
branding of her sister Ishrat as a terrorist has destroyed their social life. "The recent findings proving that
she was killed in a fake encounter is hardly a relief for our family. Please stop police from taking innocent
lives. We all love the country as much as people from other community do," she says.(Times of India
4/10/09)

Cop booked for bribery, lock-up torture (1)
RAJKOT: A cop arrested in a case of bribery and bootlegging alleged' torture by police in the lock-up
when he was produced before a court here on Tuesday. On the plea of accused Paresh alias Pala Ahir, a
constable at Rajkot police headquarters, the court deferred the hearing on his remand till Wednesday and
ordered police to send him to Rajkot Civil Hospital for treatment. According to case details, Ahir had
raided a Maruti Swift near Dwarka following a tip-off about bootleggers Hitu Ker and Deva Manek, who
were transporting a large cache of beer from Daman on July 27. Allegedly' posing as a sub-inspector from
rapid response cell of Rajkot police, Ahir extorted a Rs 2.5-lakh bribe from Hitu and Deva and also sold
the liquor cache of 50 boxes of beer in Jamkandorana. When the beer supply was seized by
Jamkandorana police station officials, those arrested in the case revealed that Ahir was the trader. He
disappeared the day a chargesheet was filed against him. Ahir surrendered before the court on Monday
and was handed over to Jamkandorana police station officials. They produced him before court,
demanding seven-day remand. In another development, police seized four of the 11 cars that had
accompanied Ahir to court. (Times of India 7/10/09)

Bar worker accuses policemen of molestation, approaches SHRC (1)
Mumbai, October 09, 2009: A woman working in a bar has accused two police officers of molesting her
and has approached the Maharashtra State Human Rights Commission (SHRC) in this regard. Seema,
who worked as a singer in a bar in suburban Chembur, said - inspector Mahadeo Ahwad and sub-
inspector Prabhakar Kamble - on September 28 "forcibly" took her to the Pant Nagar police station in
suburban Ghatkopar and detained her for a day in the lock-up. "Both Ahwad and Kamble beat her up and
called her characterless. They pulled her duppatta off and demanded that she dance in the police station.
When she refused to give in to their demands, they beat her up," Seema's advocate Prakash Wagh told
PTI. In a complaint filed with SHRC, Seema said she was taken to the police station in connection with
the murder of a bar dancer Zareena Khan (24). Zareena was allegedly murdered by her husband Abu
Kasim Khan and her brother last month. Abu Kasim during his interrogation had told the police that he
had killed his wife after Semma tipped him about her love affair with another person. "They (police) beat
me without any reason continuously for hours. When I asked them the reason for bringing me to the
police station, they said I was being interrogated in my friend Zareena's murder case," Seema said in the
complaint. She also said she was taken to the police station in the absence of any women constable.
(Hindustan Times 9/10/09)

Protest against custodial death of youth (1)
Jammu: People took to the streets here on Friday to protest against a youths alleged custodial death on
October 5 even as his family, which claimed he was beaten to death for marrying a Muslim girl, decided to
cremate the body following governments assurance of job and compensation. After clashes between
police and protesters an agreement on the cremation was reached in the evening. The State government
promised that it would pay Rs. 3 lakh as ex gratia to Rajneesh Sharmas family. It also promised to
appoint his mother and sister as Special Police Officers. Rajneeshs body would be cremated on
Saturday. PTI (The Hindu 10/10/09)

Police brutality doubles in 6 yrs (1)
Maharashtra Human Rights Commission gets complaints about custodial tortures and deaths and staged
encounters The Maharashtra Human Rights Commission (HRC) has slammed the state police force in its
annual survey for poor record. According to the 2007 survey, the number of cases of violation of human
rights by the police force have risen from 994 in 2001 to 1,991 in 2007. The results of the survey were
released last week. Jayashri Patil, research head, Maharashtra HRC, said, "The cases registered with the
commission have been increasing every year, but those against the police have topped the charts for the
last five years." She added that the commission receives complaints from all over Maharashtra about
custodial torture, custodial deaths and even staged encounters. TORTURED: This year, the HRC came
across four such cases where the Mumbai and Pune police were found guilty of violating human rights. In
2009, the HRC came across four such cases where the Mumbai and Pune police were found guilty of
violating human rights. "Cases against the police are mostly against high rank officials," Patil told MiD
DAY. Mihir Desai, a human rights lawyer, said, "I am not surprised by the results of the survey. Often
there is a misuse of power in the form of corruption and brutality in the police force. Various encounters
and custodial tortures are evidence of this." He added, 'However, I agree that maximum number of cases
come up because the police are hard-pressed on duty." I was not aware of any commission for protection
of human rights. But I don't think it's a good idea to file a case against the police force. Cases against
police > Violence against minorities, > Encounter killings in Maharashtra, > High rates of custodial deaths
and extrajudicial executions 130 Number of prisoners who died in judicial custody in Maharashtra
between April 1, 2006 and May 31, 2007 Joint Commissioner of Police (Law and Order) Himanshu Roy
said, "We work under strenuous conditions to build up a strong police force. We take all measures to
ensure that the police force does not infringe human rights. I would like to tell the HRC that they should
have checked if the cases registered against us are by true victims or criminals, who use the law against
the police force." (Mid Day 13/10/09)

Police brutality on woman and son alleged (1)
BHOPAL: The Mahila Congress of Madhya Pradesh and womens rights groups here have alleged police
brutality on a woman and her son. Sushila Bai (40) and Deepu (12), picked up from a slum by the police
in an alleged theft case, were beaten up inhumanly in the lockup, according to these groups. The woman
was allegedly sexually abused. The two were apprehended at 8 p.m. on Wednesday last when the
daughter of a personal assistant to a senior Congress leader reported the loss of her wallet from the New
Market area. Deepu and Sushila, who were taken in the case, were kept in custody at the T.T. Nagar
police station for six hours and allegedly tortured. Sushila was allegedly threatened with rape and more
violence by the Thana In charge Umesh Tiwari and others if she did not return the Rs. 20,000 that was
reportedly lost. The slum residents, on hearing the matter, collected some money and gave it to the police
upon which the two were released at 3 a.m. on Thursday. On learning of the alleged torture, the residents
gheraoed the police station in the morning. After this, Sushila was arrested again and booked for theft. It
is a clear case of human and child rights violation and illegal detention. The woman and the child were
subjected to intense torture by the police, said president of the Madhya Pradesh Mahila Congress
Shobha Ojha. Not only was she picked up at night, which is strongly objectionable, they willingly delayed
presenting her before a magistrate, she said. A complaint has been filed with the State Human Rights
Commission. The police also reportedly threatened the women activists present during the medical
examination of the woman. It is correct that the woman and child were illegally detained and brutally
beaten up. The police also tried to influence the HRC investigation by tampering with the medical
reports, said a high-ranking investigating officer in the Human Rights Commission on condition of
anonymity. The Police Department has refuted the allegations. The officials were just doing their duty
and the people in question were at fault, said Bhopal Superintendent of Police Jaideep Prasad.
Questions have been raised as to why Sushila was let off late on Wednesday night and arrested again
the very next day. She was finally released on bail late on Friday evening, while Deepu was sent to a
juvenile home. (The Hindu 14/10/09)


Custodial death: HC orders CBI probe (1)
MUMBAI: The Bombay High Court today handed over the probe into a custodial death in suburban
Ghatkopar to the CBI and ordered filing of a murder case against three police officers in connection with
the incident. Altaf Shaikh (22) was arrested by police last month in connection with a house-breaking
case and taken to Ghatkopar police station. He was found dead in the lock-up next morning. According to
police, he died due to alleged drug overdose but the post-mortem report revealed several injuries on his
body. The court also ordered suspension of the three police officers who arrested Shaikh and directed
that a case of murder be registered against them. (Times of India 16/10/09)

Srinagar lock-up death probe shifts to Jammu (1)
Srinagar: After failing to record any statement, other than the official version, on the mysterious death of a
Jammu businessman in a Srinagar police lock-up, the Inquiry Officer has decided to shift to Jammu to
meet the deceaseds relatives, including his widow Amina Yousuf who had recently converted to
Hinduism. Jammu businessman Rajneesh Kumar died in Ram Munshibagh police station on October 5, a
day after he was brought from Jammu in connection with the missing report filed by Aminas parents at
the police station. While the police maintain that Kumar committed suicide in the police station, his
relatives, along with the widow, allege that he was tortured to death. Additional Deputy Commissioner
Srinagar, Muhammad Akbar Ganai is inquiring into the circumstances that led to Rajneeshs death. The
Station House Officer and two policemen have been placed under suspension. Nobody came to help me
in Srinagar during the investigation. I am left with the police version alone, Ganai told The Pioneer. In
order to find the truth I will shift to Jammu to record more statements, he said, adding; The case has
vital links in Jammu, from the arrest of the deceased to the protests and allegations that followed. Amina,
rechristened as Aanchal Sharma, is residing with Rajneeshs family. Back home, her parents and
relatives are not ready to speak about her love-affair, marriage and current status. Aanchal has blamed
her father Muhammad Yousuf for conspiring with the police to eliminate her husband. She reportedly had
a seven-year-long relationship with Rajneesh that culminated into a short-lived court marriage. However,
Aanchals parents disapproved of the relationship. I will examine the post-mortem reports done
separately in Srinagar and Jammu, Ganai said without divulging the details of the Srinagar post-mortem.
He said that his job was to dig out the truth in the mysterious death. Normally, the Inquiry Officer does
not shift from the place of occurrence of the crime. But this case has links with Jammu and I will not
hesitate to meet people there, he said. The deceaseds relatives are demanding a CBI inquiry to remove
the shroud of mystery on the death. (Pioneer 20/10/09)

Kupwara killing casts shadow on dialogue discourse (1)
Srinagar, October 25, 2009: Family version Ghulam Mohin-ud-Din, father of victim Sajad Ahmad Lone,
said his son left home in the morning. Around 2 pm we received a call from a local police station. They
said that my sons body is lying with them, said Mohin-ud-Din. Soldiers killed him because Sajad wear a
beard and is Islamic in natureHe was fired from the back side, said Mohin-ud-Din. He had nothing to do
with militancy and was carrying no weapons at all. At a time when discourse in Kashmir should have been
on institutionalising the dialogue process with Prime Minister Manmohan Singh scheduled to visit the
state next week, killing of a 26-year-old student by the army in Kupwara district has shifted the focus to
human rights abuses again. For the second day today, Ganapora, Kralgund, in Kupwara district, 77 km
north of Srinagar, witnessed anti-army protests. At 9:10 am, the family decided to bury the body of Sajad
Ahmad Lone, a first year student at Handwara Degree College. He was killed inside 32 Rashtriya Rifles
(RR) camp at Wattergam, 5 km away from Ganapora on Saturday morning. The army says he was killed
in a retaliatory action but family alleges he was killed in a cold-blooded murder. (see box for army and
family version). When the body reached at Ganapora playground in the morning, hundreds of villagers
from adjoining villages of the district converged to perform last rites of the youth. The funeral turned into a
massive protest with slogans like Narai Takbeer, Allah Akhbar (The great slogan, God is Great) and
Army, go back. Protesters also raised pro-freedom slogans. Army version Army spokesman J.S. Brar
said in the morning some suspicious movement by an individual was observed near the Watargam army
camp. On being challenged by the sentry, Sajad Ahmad Lone charged at the sentry with an axe and hit
him on his head and right shoulder, thereby injuring him seriously. He then jumped inside the camp gate
and tried to charge at the other sentries in the camp. In the retaliatory gunfire, he was shot dead inside
the camp. Langate MLA S.A. Rashid and Sajads father Ghulam Mohi0ud-Din addressed the
congregation. Army has lodged an FIR against my son. I can assure you he was not remotely involved in
militancyMy only demand is that the army should withdraw the FIR and arrest those who killed my son,
said Ghulam Mohi-ud-Din, a farmer. Mohi-ud-Din told the roaring crowd that his son was killed because
he was Islamic in nature, used to wear skull cap, had beard and wore a Khan dress. He questioned the
armys version that Sajad was killed when he attacked a sentry with an axe. If for a moment we believe
with what army says that he was carrying axe, the army could have shot him at legs, injured himbut
they killed him, said Mohi-ud-Din. The victim was elder in the family of two sisters and one brother. The
family has also rejected the compensation amount of Rs 1 lakh announced by the government. Speaking
at the demonstration, MLA Rashid said, Time has come for the army to go back behind the Jawahar
Tunnel. The killing has already attracted attention of separatists. Jammu and Kashmir Liberation Front
Leader (JKLF) Yasin Malik was arrested today when he was on his way to Kupwara to participate in the
funeral. Hardline separatist Syed Ali Shah Geelani, who opposed any bilateral dialogue with New Delhi,
too has condemned the army for the killing. The incident will make it difficult for moderate separatists to
create a constituency for the dialogue in the state. After the Shopian incident -- where a girl and a woman
were allegedly raped and murdered by unknown criminals Saturdays killing has posed a challenge for
Chief Minister Omar Abdullah, who has promised zero-tolerance to human rights abuses. The Chief
Minister is yet to react to the death of the youth. Prime Minister Manmohan Singh is scheduled to visit
Kashmir on October 28 to inaugurate a 15-km railway line between Qazigund and Anantnag. He is likely
to extend invitation to all shades of opinion in Kashmir for a dialogute to solve the Kashmir problem.
(Hindustan Times 25/10/09)

Labourer interrogated in robbery case dies in hospital (1)
HYDERABAD: A labourer interrogated by Jeedimetla police in connection with a robbery case died at a
corporate hospital on Monday, triggering speculation that it was death due to torture. However, police
disputed the allegations of custodial death while conceding that they had indeed questioned Venkatesh
(40) of Maqdoomnagar in Jagadgirigutta on Sunday to verify his alleged involvement in robbing a
motorcyclist. We let him off on Sunday evening after his family members told us that he was suffering
from liver-related problem and that he is already undergoing treatment, the Alwal ACP, M. Prabhakar
Reddy said. The ACP said the labourers wife Yashoda gave a petition stating that she had admitted
Venkatesh to the local Sai Bhavani Hospital around 11 p.m. on Sunday. Neither she nor any of
Venkateshs family members or relatives made allegations against police, the ACP maintained. From
there, he was shifted to Apollo Hospital, Jubilee Hills, where he died around 8.45 a.m. on Monday while
being treated. Based on her petition, the police registered a case of suspicious death under Section 174
of Criminal Procedure Code. Autopsy was conducted at the Gandhi Hospital morgue by a team of
doctors. Asked as to why only Venkatesh was picked up for questioning while three others were
reportedly involved in the robbery, the police said the complainant, Saibaba of Jagadgirigutta, told them
that he recognised the labourer since both lived in the same area. According to Saibaba, a tent house
owner, he was returning home on a bike when four persons, including Venkatesh, waylaid him on HMT
Pipeline road on Saturday night. (The Hindu 27/10/09)

Police forced us to sodomise each other (1)
Srinagar: Conservative Kashmir has slipped into shock after teen boys, arrested for stone-pelting,
deposed before the court saying that the cops forced them to "sodomise each other" while in lock-up.
Police had arrested 11 teenaged students, including four minors, for pelting stones at cops in the old city
area on October 27. A case was registered against them under Sections 153, 142 and 336 RPC in the
police station of SR Gunj. "When they were produced before the court, they took off their clothes and
showed the torture marks to the judge. Some boys also told the court that they were forced to sodomise
each other," said Bashir Sidiq, counsel for the teens. The boys also moved an application before
additional district magistrate Srinagar, Shakti Gupta, detailing the ordeal, and sought direction for medical
examination. "The minors, who have been alleged as accused, informed the court that they were forced
to sodomise each other by the police. The whole episode was filmed by police officials with their mobile
cameras," Sidiq said in an application moved before the court seeking directions to chief medical officer to
conduct a medical examination. He said the accused were "horrified and not in a position to walk... the
treatment they received was worse than Abu Gharib".(DNA 1/11/09)

Crime Branch to probe 21-yr-olds custodial death (1)
Mumbai, November 02, 2009: A day after 21-year-old Ashutosh Tiwari died in Nallasopara police custody,
the Thane Rural police has transferred the case to the Crime Branch for investigation, following
allegations of custodial murder. Superintendent of Police, Thane Rural, Madhukar Pandey, confirmed on
Sunday that the case involving suspected murder of Ashish Pandey, whose body was found lying on
railway tracks near Vasai three days ago was being investigated by the crime branch. He added that
allegations about Tiwari being murdered in police custody would also be looked into. Tiwaris relatives
allege that he died in police lock-up while local police claimed it was a case of suicide. Yeh hatya ka
mamla hai, atmahatya ka nahi (This is a murder case, not one of suicide.), said Gulabchand Dubey,
Tiwaris relative who is also an office bearer of the Bharatiya Janata Party from Bandra, . Dubey told
Hindustan Times that, Tiwari was taken to the police station by Pandeys uncle Sanjay Pandey and four
of his associates suspecting him for Pandeys suspicious death. They picked up Ashutosh from
Bhayander and took him to the police station, the relative said. The police maintain that Tiwari committed
suicide. According to them, Tiwari started slashing himself with a blade immediately after he was taken
into custody. He was rushed to Bhagwati Hospital in Borivli and was declared dead on admission on
Saturday evening. Tiwaris lawyer, Ravi Dwivedi, questioned the police theory. How did the blade reach
the police lock-up? asked Dwivedi. The lawyer also mentioned that Tiwaris wedding was scheduled in
April 2010 and therefore there was no reason for him to take such a drastic step. Tiwaris body has been
sent to JJ Hospital on Sunday for post mortem. (Hindustan Times 2/11/09)

42 harassed, many in jail for seeking information under RTI in Bihar (1)
* On December 12, 2007, Chandradip Singh, a retired Armyman from Sarai, Maner, filed an RTI
application with the Assistant SP, Danapur, to know the progress of investigation into the murders of his
son and daughter eight years earlier. On March 16, 2008, the police allegedly implicated him falsely in a
case of rape. Singh was in prison from April 9 to May 2, when an NGO helped him get bail. Singh says
the police threatened him with dire consequences for following up with his RTI plea. * In June 2007,
Kishori Ram of Bhabhua wanted to know from the sub-divisional officer, Mohania, how two musclemen
from his village had built a private house on government land. On July 21, the Ramgarh police allegedly
evicted Ram from his home, and subsequently dismantled it, and charged Ram with obstructing a public
servant from doing his duty. * In September-October 2006, Shivprakash Rai, a farmer from Buxar, filed an
RTI application seeking to know the amount of loans and subsidies given by 69 banks under the Prime
Ministers Rozgar Yojana. In February 2008, he was called to the office of the District Magistrate, where
he was allegedly asked to sign papers acknowledging the receipt of replies to his questions. Rai refused.
On March 1, 2008, he was booked for obstructing a public servant and jailed for 29 days.These are three
examples from a list of 42 RTI applications filed in Bihar over the past few years, in which information
officials have been accused of harassing applicants by filing false cases against them. The Bihar Human
Rights Commission (BHRC) has now recommended that all these officials be placed under suspension.
(Indian Express 6/11/09)

UT cop held guilty for custodial death (1)
CHANDIGARH: For the first time in the history of UT police, a cop has been held responsible for custodial
death. In a landmark judgment, the district courts on Friday pronounced sub-inspector Narinder Singh
guilty of beating a youth to death in custody. While the quantum of punishment will be known only on
Monday, the accused can be sentenced to imprisonment extending up to 10 years. At the end of trial in a
one-year-old case following the death of Manimajra resident Anil Kumar, additional district and sessions
judge Raj Rahul Garg held the policeman guilty under sections 304 (Part II) for culpable homicide not
amounting to murder and 218 of IPC for framing incorrect record. Anil, 21, was thrashed in Manimajra
police station on July 12, 2008, after cops picked him up on mere suspicion following the complaint of
Surjit Kaur of Modern Housing Complex, Manimajra, who had alleged seeing a youth roaming around in a
leery manner. A DDR was recorded and Anil rounded up for verification of antecedents. When Anil died
under mysterious circumstances, police claimed the victim had jumped to death from the police station.
Alleging the youth had been tortured in custody and later murdered by police, the victims uncle Ved
Prakash added that case incharge Narinder was misleading them on the cause of death. He changed his
statement thrice and even coerced us to take away the body without a postmortem, Ved said. While the
court framed charges against Narinder on December 15, 2008, the prosecution held that circumstantial
evidence, attempts made by the accused to change record pertaining to the case and the cooking up of a
suicide theory led to the SIs conviction. (Times of India 7/11/09)

'Harassed' by police lawyer commits suicide (1)
JAIPUR: A lawyer, who was being harassed by policemen, allegedly committed suicide by hanging
himself to ceiling fan in his room in Subhash Nagar in Bhilwara on Thursday. The matter is under
investigation. According to reports, a case was registered against Amit Yadav at Subhash Nagar police
station, after he participated in a demonstration during Union minister C P Joshi's visit to the city. Yadav's
family said that after the case was registered against him, he was being harassed by policemen from
Subhash Nagar police station. On Monday, Yadav gave a representation before S P, Bhilwara, P Ramjee
and alleged that Circle Inspector Om Prakash, assistant sub-inspector Kishan Singh and constables
Surendra Singh and Bhupendra Singh of Subhash Nagar police station were harassing him. He had even
demanded protection against the named police officials but the police did not take the matter seriously.
On Thursday morning, he returned home after dropping his child in school and went to his room and
allegedly committed suicide. When his family informed his fellow advocates and senior police officials, the
room in which Yadav died was sealed. His family members alleged that even on Wednesday night,
policemen came to their house and misbehaved with him and he was very depressed. IG (Ajmer Range),
RP Singh told TOI that a case has been registered against five policemen. He also said that the body was
handed over to the family after post-mortem and concerned police officials have been directed to
investigate the role of named policemen. He further said that he has ordered to detain them and
interrogate them.Meanwhile, agitated city lawyers blocked the Bhilwara-Kota highway demanding
immediate suspension of the four policemen, who were named by the deceased in his representation.
(Times of India 20/11/09)

Man dies in police lock-up (1)
Bidar, Nov 18, A person in his 30s allegedly died at police lock-up at New Town Police station here in
Bidar on Wednesday. According to family sources Jaganath Narsing resident of Chawli village of the taluk
was picked up for unspecified reasons by police on Tuesday evening and brought to New Town police
station. When family members visited police station on Wednesday afternoon, the police told them that
Jaganath had been shifted to District General Hospital as eh complained of chest pain. However family
members said that doctors had declared him brought dead and further accused that physical inspection of
dead body revealed injury marks on head, feet and other vital body organs. SP Satish Kumar said that
New Town PSI Hanumanth Reddy has been suspended and an enquiry is underway against other police
personnel who are responsible for this incident. (Deccan Herald 20/11/09)

Lock up death: SI, ASI suspended (1)
ELURU: N. Durga Prasad, Sub-Inspector, and L. Prasanna Kumar, Assistant Sub-Inspector, of Palacole
police station, were placed under suspension in connection with the death of a person Gubbala
Ramakrishna in police custody on November 6, according to Superintendent of Police B. Balakrishna. A
home guard on duty was also removed from service in connection with the case, the SP said. (The Hindu
20/11/09)

Woman dies in police custody (1)
PUNE: A 45-year-old woman, who was caught red-handed by the Chatushrungi police selling illicit liquor
at Pashan, died in the police van under mysterious circumstances. The incident occurred on Wednesday
around 10 pm. The deceased has been identified as Laxmi Dhaku Dhanawat (45), a resident of Sanjay
Gandhi Vasahat in Pashan. While Laxmi's relatives allege that she died after the police beat her up
brutally, the police claim that Laxmi had complained of chest pain and was rushed to the Aundh Chest
hospital but was declared dead on arrival.Though the Chatushrungi police have registered a case of
accidental death, the State CID, Pune, has taken over the investigations following directions from the
Human Rights Commission. Meanwhile, tension prevailed at the Sassoon general hospital as relatives of
the deceased demanded that their representatives must be present during the post-mortem. The police
had a tough time pacifying the irate relatives. A large number of police personnel were deployed to avoid
any untoward incident on the hospital premises. According to senior police inspector Mahadev Chavan of
Chatushrungi police station, the police team arrested Laxmi while they were patrolling on Wednesday
night. "They received a tip-off about someone selling illicit liquor in Laman Tanda at Pashan. When the
team reached the spot, they caught Laxmi red-handed selling liquor on the road. The team also seized a
can with 10 litres of liquor in it," Chavan said, adding that Laxmi was then taken to the police station in the
van. "When the van stopped in front of the police station, the woman complained of chest pain and fainted
inside the van. We immediately rushed her to the Aundh Chest hospital where she was declared brought
dead," he said. Chavan added that the woman had a previous criminal record. She was booked under the
Bombay Provisions Act on January 12 this year. Her daughter-in-law was also booked under the same
act on October 6, 2009. "We also registered a case against Laxmi on Wednesday night for possessing
and selling illegal liquor." However, the account given by the deceased's son, Shivaji Dhaku Dhanawat,
also an eye witness, paints a different picture."On Wednesday night, I was sitting in front of my house
with my mother and father when a police van came and police constables S J Khandagale, H P Ranpise
and M K Gawde asked my mother to get inside the van. PSI Shinde was also in the van. When she
refused, they forced her into the van and also took two empty cans from our house," Shivaji said.
Dhanawat said that police paid no heed to his mother's requests to let her give him the gold ornaments
and took her to the police station. "I started following them on my two-wheeler. I saw that the policemen
were beating my mother inside the van," he said. Shivaji added that his mother had fainted by the time
police reached the Chatushrungi police station. "When I reached, one of the policemen asked me to wake
my mother, saying that she was pretending. When I tried to wake her up, she did not respond. Seeing
this, the policemen took her to the hospital where she was declared dead on arrival," Shivaji said. Deputy
superintendent of police (CID) S P Mujawar told TOI that they have taken over the investigations of the
case. "We have seized the station diary and other documents. We are waiting for the post-mortem report.
We will take action after recording the statements of the deceased's relatives," Mujawar said. Meanwhile,
Yuvraj Ade, a leader of Banjara Kranti Dal, told TOI that they will keep the body of the deceased in their
possession until the policemen responsible for the woman's death are arrested This is second case of
custodial death reported in the city in this year. On March 7 this year, Amol Raghunath Kuchekar (28),
allegedly caught red-handed by the public while attempting to commit a theft, died in the lock up of Warje-
Malwadi police station. The CID had booked assistant police inspector R R Shelke attached to the police
station and five policemen under the charges of murder. Currently, all of them are out on bail. In 2006, a
petrol thief Amol Bhandage had died in the Aundh police chowkey. (Times of India 20/11/09)

Assault leaves fisherfolk in shock (1)
CUDDALORE: The fishing community in Thazhanguda village is in a state of shock over the incident in
which the Coast Guard personnel allegedly assaulted 30 fishermen a couple days ago. They have
hoisted black flags and pasted wall posters in the village to voice their protest against unprovoked and
brutal attack. For the second consecutive day on Thursday they did not venture into the sea for the fear
of further humiliation. To placate their feelings, District Collector P. Seetharaman, Superintendent of
Police Ashwin M. Kotnis and G. Aiyappan, MLA, met them in the village on Thursday and listened to their
version. After giving a patient hearing, the Collector said that the Coast Guard personnel were concerned
about providing security to the long coastline. He admitted that they should have adequately warned the
fishermen before acting in the way they did. The Collector said he considered them not merely fishermen
but the guardians of the coast. However, they should cultivate the habit of carrying proof of identity. He
directed Assistant Director (Fisheries Department) Ilamparithi (who accompanied him) to arrange for spot
distribution of ID cards. The Collector said that in case of any problem the fishermen could contact the
Coastal Security Group on toll-free number 1093. Mr Kotnis said any complaints could be lodged with
Marine Police Stations. As for the incident he had written a letter to the authorities, Mr. Kotnis said. In
response to the story Fishermen beaten up by Indian Navy, published in The Hindu on November 26, N.
Andavan, PRO (Defence) says: Naval authorities denied any incident involving naval ship/personnel
according to Chief Staff Officer to Naval Officer-in-charge (Tamil Nadu and Puducherry) of the Indian
Navy. It may be noted that there is no mention of date, time or location of the alleged incident. Moreover,
the fishermen have also failed to provide any identification markings such as the pendant number or
name of the ship. The authorities also confirmed that as standard practice, the personnel involved in
checking trawlers and boats carry authorised weapons and not cricket stumps. In the prevalent security
scenario Indian Navy ships patrolling have been instructed to exercise extra vigilance in checking trawlers
and boats so as to prevent an incident like 26/11 in Mumbai. (The Hindu 27/11/09)

403 crimes, 0 convictions: Mallika uncovers A'bad cops' record (1)
Ahmedabad: Over 400 criminal cases, including 36 involving rape, and zero convictions: this disquieting
record of the Ahmedabad police was uncovered by activist and cultural figure Mallika Sarabhai, after she
filed an RTI query. The startling numbers relate to the crimes that were committed in Ahmedabad city in
the first six months of 2009. The information provided by the police department reveals that, till June 19,
2009, there were 26 cases of murder and 241 cases of loot of women in the city. Also, 36 cases of rape
were registered in the city in the same period. Strangely, the guilty in none of these cases has been
convicted as yet. The data has been provided by the office of the DIG (Women's Cell), CID (crime) and
government railway police, Meera Ramnivas. In her application dated June 19, 2009, Sarabhai had
sought information on crimes against women in the state, including rape, loot and murder, and had also
wanted to know whether the accused in the cases had been convicted. Commenting on the data provided
by the police, Sarabhai said that it was really surprising that Gujarat was thought to be a safe state for
women. "Besides the low number of convictions,there are also cases of women disappearing," she
alleged. (DNA 28/11/09)

Constables booked for thrashing actor at police station (1)
Three policemen who thrashed a film actor in a broad daylight at D N Nagar Police Station, were booked
at the same police station for their brutal act, on Friday. The incident occurred on November 14 around 2
pm when Mohinder Singh, 57, was passing by his car near D N Nagar Police Station. Three constables
posted at the station stopped him at the nearby junction. They took him to the police station saying he
had jumped a red signal and fined him Rs 600. Singh, the manager of Punjab National Banks Juhu
branch, phoned his son Rajveer (Dutt) Singh. Rajveer, an actor by profession, rushed to the police
station. Rajveer alleged that on inquiring about the incident, the policemen argued with him. As he started
defending his father, the constables, D Patil, Santosh Kadam and S Kamble, allegedly overpowered him
and thrashed him brutally. They were very abusive and kept on taunting me saying Saala hero banta
hai, Rajveer said. He alleged that a blow to his nose fractured it. Rajveer Singh alleged that a blow to his
nose fractured it He immediately rushed to Nanavati Hospital where doctors treated him and discharged
him the same day. Though the bandages have been removed, it still hurts. I even had a breathing
problem because of the fractured bone, Rajveer added. Despite his serious injuries, Rajveer decided to
teach his torturers a lesson. He began going to higher ups complaining to them about the torture he had
been through. His plea was finally heard when he met Joint Commissioner of Police Himanshu Roy. Roy
initiated an inquiry against the three constables and after nearly a fortnight, action was taken against
them. On Friday, the three constables, Patil, Kadam and Kamble were booked under Sections 323
(Punishment for voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means)
and 325 (Punishment for voluntarily causing grievous hurt) of the Indian Penal Code. Rajveer said,
Thanks to senior officers of the Mumbai police, I have got justice. (Mumbai Mirror 30/11/09)

Decide on prosecution of 10 cops or we will: HC (1)
Mumbai, December 06, 2009: More policemen could be in trouble over the alleged custodial death of
Prevention Of Terrorism Act (POTA) detenue Khwaja Yunus who mysteriously disappeared on January 3,
2003. The Bombay High Court on Saturday gave the Maharashtra government one last chance to
reconsider sanctioning the prosecution of 10 police officers allegedly responsible for Yunus death. Does
state [government] want to reconsider or should the court decide? asked Justice J.N. Patel. The high
court had handed over the investigation to the Criminal Investigation Department (CID), which sought the
prosecution of 14 officers. In February, however, the government informed the court that it was granting
sanction to prosecute only Police Sub Inspector Sachin Vaze and three constables in the case. The
division bench of Justice Patel and Justice Amjad Sayed will hear the matter next week. Mihir Desai,
advocate for Yunus mother Aasiya Begum, said, The government is only prosecuting small fish. Main
accused are not being prosecuted at all. Aasiya Begum had filed a petition in the HC seeking
compensation from the state government alleging that Yunus, the only earning member of the family, was
killed by police officers who booked him in a false case. Yunus (25) was arrested in December 2002 for
his alleged involvement in the bomb blast in a BEST bus in Ghatkopar on December 2, 2002. According
to police claims, Yunus went missing after he fled their custody when they were taking him to
Aurangabad for investigations and their jeep met with an accident. However, Dr Abdul Mateen, one of the
co-accused in the case, alleged that torture in police custody led to Yunus death and that the police had
fabricated the escape theory to cover up his death. Mateen and Yunus were being interrogated in
Ghatkopar police station. The POTA court acquitted all the nine accused, including Mateen, due to lack of
evidence. (Hindustan Times 7/12/09)

Lock-up death: HRF demands prosecution of police (1)
VISAKAHAPTNAM: The Human Rights Forum has demanded that criminal prosecution be initiated
against the sub-inspector of police at Parawada PS and other police personnel for Saturdays custodial
death of lorry driver Pilli Satyanarayana. A fact-finding team of the Human Rights Forum visited Parawada
police station on Sunday and spoke to the SI as well as his subordinates and also family members of the
deceased at their home in Kalinganagar in Madhavadhara. The team consisted of HRF State general
secretary V.S. Krishna, Visakhapatnam district president M Sarat, district vice-president P.
Suryanarayana and member Ramakrishna. According to HRF team, the version of the police that
Satyanarayana hanged himself in the police station bathroom at about 10.30 a.m. on Saturday is totally
false. It was true that Satyanarayana was arrested late on Friday night for rash and negligent driving near
the Desapatrunipalem checkpost and was brought to the police station. An FIR was lodged under
sections 279 and 336 stating him as accused and he was kept at the station itself. The police say they
allowed Satyanarayana to go to the toilet on Saturday and they grew suspicious after he did not come
back. They checked and found that he had hanged himself. Even this false contention of theirs is also
riddled with inconsistencies. While the SI stated to the HRF team that Satyanarayana was found dead by
hanging in the bathroom, other police personnel said he was found alive and rushed to the hospital but in
vain, Mr. Krishna said. The criminal investigation into the case against the police personnel of Parawada
PS should be done by an agency as independent as possible of the local police. Satyanarayana is a poor
Scheduled Caste person and his family members must be compensated by the government with an
amount of not less than Rs.5 lakh. (The Hindu 7/12/09)

Plight of Afghan women may worsen as war effort is stepped up, warns report (1)
The already dire plight of women in Afghanistan risks deteriorating further as the US and its allies take
steps to turn around the war against the Taliban, according to a report by Human Rights Watch today.
Eight years after the Taliban were ousted from power, rapists are often protected from prosecution,
women can still be arrested for running away from home, and girls have far less access to schools than
boys, the report says. With the insurgency strengthening in the south and making inroads into the north,
the few gains made for women's rights since the US-led invasion of 2001 could be further eroded if Hamid
Karzai's government and the international community push for peace talks with factions of the
fundamentalist movement. Among the examples of abuses against women collected by the organisation
was the case of a woman who was gang raped by a group that included a powerful local militia
commander. Although she fought to have her rapists prosecuted, they were subsequently pardoned by
Karzai. Later, her husband was assassinated. Rape was put on the statute books as a criminal offence
this year but it is still not widely regarded by the police or the courts as a serious crime, with the attackers
often receiving greater legal protection than the victims. One survey found that 52% of women had
experience physical violence, while 17% reported sexual violence. "Police and judges see violence
against women as legitimate, so they do not prosecute cases," said Soraya Sobhrang, a commissioner at
the Afghanistan Independent Human Rights Commission. Human Rights Watch said that more than half
the women and girls in Afghan prisons were held for "moral crimes", such as adultery or running away
from home although the latter is not a crime under Afghan or Islamic law. "Whether it is a high-profile
woman under threat, a young woman who wants to escape a child marriage, or a victim of rape who
wants to see the perpetrator punished, the response from the police or courts is often hostile," the group
said. Rachel Reid, of Human Rights Watch, said the situation "could deteriorate". She added: "While the
world focuses on the Obama administration's new security strategy, it's critical to make sure that women's
and girls' rights don't just get lip service while being pushed to the bottom of the list by the government
and donors." The report also warns that wives in half of all marriages are younger than 16, and up to 80%
take place without consent. A 13-year old girl said that after she escaped marriage she was pursued by
her husband's family. Years later she still has not succeeded in getting a legal separation from her illegal
marriage and women's activists have been denounced in parliament for giving her shelter. Campaigners
have also been angered by the murders of high-profile women, including Sitara Achakzai, an activist and
member of Kandahar's provincial council, who was shot dead in April. A female member of parliament,
who cannot be named, said: "I've had so many threats. I report them sometimes, but the authorities tell
me not to make enemies, to keep quiet. But how can I stop talking about women's rights and human
rights?" In August, Afghanistan quietly passed a law permitting Shia men to deny their wives food and
sustenance if they refuse to obey their husbands' sexual demands, despite international outrage following
a report in the Guardian about an earlier version of the legislation, which Karzai had promised to review.
Although western and Afghan politicians like to hail the increase in school building since 2001 as a major
success story, the Human Rights Watch report says the participation of girls remains very low, with just
11% of secondary school-aged children in education. Karzai, who was reappointed as president after a
fraud-marred election regarded by most legal experts as unconstitutional, is due to announce his new
cabinet in the coming days. Human Rights Watch called on Karzai to release all women detained for
running away from home and offer them compensation. (Guardian 7/12/09)

Cops violate human rights the most, says SHRC chief (1)
PATNA: "The maximum complaints of human rights violation is against the police," said Justice S N Jha,
chairman of the State Human Rights Commission (SHRC) on Thursday. The report, issued by SHRC
during the day to mark the first anniversary of opening its office, showed that it has received as many as
486 complaints on police excesses till November 15. Most of the complaints are serious in nature. From
lodging fabricated cases, illegal detention to torture, dragging an 80-year-old man to the police station
during early hours and much more. The judgments and recommendations made by SHRC against police
officials, included recommending compensation for victims and departmental proceedings. In several
cases, district police have refused to respond to SHRC's queries and the commission had to get the case
investigated by IG-ranked IPS officer A K Seth, who is currently deputed with the commission. Take the
case of the retired subedar of the Indian Army, Bhola Rai, a resident of Hulasi Tola in Mane, Patna, and
his son Rakesh Kumar, a serving army personel. An ASI, with armed constables in tow, came to their
home on the night of November 16, 2008, and abused them before taking them to the police station and
detaining the two in the lock-up throughout the night. There, the father-son duo was tortured and not even
allowed to contact their lawyer. Yet, the two did not have any criminal background and they complained
that the ASI had repeatedly asked them why did they not recognize the local MLA as their leader. In
response to the SHRC's query, the report sent by police headquarters defended the police action, saying
the two were resisting the arrest of Bhola Rai's absconding brother, Shatrughan Rai, against whom a
warrant was pending. Not satisfied, SHRC ordered its own IG to probe the matter. Seth found Rai's
complaints to be true. In fact, police had made no entry in the diary about the incident. The commission
further pointed out that Shatrughan Rai was not even at home when police went there. "Police had no
business abusing the complainant and his son, much less assault and detain them in the lock-up," SHRC
maintained, asking the government to give the complainant a compensation of Rs 25,000 and initiate
departmental proceedings against the guilty policemen. This is not an isolated case though. Chabila
Singh, an 80-year-old man of Arwal district was dragged to the police station around 1.30 am on February
2, 2009. His crime was that he had not appeared as a witness in a case. Police did not take into account
that Singh had suffered a heart attack just three months ago. Then, an officer of the rank of deputy
superintendent of police in Bettiah was charged with beating up and threatening one Gagendra Singh at
the behest of his neighbour with whom Singh was engaged in a land dispute. (Times of India 11/12/09)

75% of 'encounter' victims in Manipur were newly married men' (1)
Imphal, December 10 2009: Magisterial Inquiry must invariably be held in all cases of dead which occur in
the course of police action, rights activists demanded speaking at the observation functions of the
International Human Rights Day which many NGOs observed across the state Thursday like in other
parts of the globe. Holding of seminars, discussions on the ending the conflict situation in the state which
resulted in the large scale violation of human rights, reading out of message of UN secretary-general Ban
Ki-moon on the occasion and statement of the UN High Commissioner for Human Rights, Navi Pillay
marked the observation functions. The structural violence emerging out of the creation of social and
political structures that had deprived the rights of indigenous people of Manipur in terms of safety,
respect, participation, economy, identity and culture, considered to be the base for the existing conflict,
some suggest. The controversial merger agreement and imposition of the Armed Forces (Special
Powers) Act, 1958 (AFSPA) were also observed as origin of the conflict situation in the state which put
Manipur into a trouble state. Executive director of Human Rights Initiative, Manipur, Lc Jinine Meetei in
his key note address to an observation function at State Guest House, Imphal observed that from late
2005 onwards, Manipur undergoes increasing volume of alleged encounter deaths particularly by
combined force of government armed/paramilitary forces and Manipur police commandos. In the year
2008, 303 persons and in the year 2009 till November 262 persons were killed, he counted observing that
about 85 percent of killed persons were of the age ranging from 16 to 30 years boys and newly married
men. Based on the survey report of the Human Rights Initiative, Manipur, 75 percent of the victims of
encounter are recently married to and young fathers, leaving one kid or two. "Most of their survived
children are of aged about 6 months to 6 years, many a married wives are survived getting pregnant at
the time their husbands are killed," he said. The government of India and Manipur infringes the civil and
political rights as well as the economic, social and cultural rights mentioned in Universal Declaration of
Human Rights on many occasions, he alleged. (E-PAO 11/12/09)

Fact-finding team seeks suspension of Koraput SP (1)
BHUBANESWAR: Members of a national level women fact-finding team , who were attacked on
Wednesday by a mob at Narayanpatna in Orissas Koraput district , demanded on Thursday the
immediate suspension of the district Superintendent of Police. The Superintendent of Police who
seemed to be supervising the terror being unleashed on the Adivasis and independent teams going to
Narayanpatna area should immediately be suspended, they said at a press conference. Eight of the
nine-members of the team who addressed journalists include 75-year-old veteran social activist Kusum
Karnik of the Adivasi Ekjuta Sangathana, Pune, and Sudha Bhardwaj, a lawyer working with the Peoples
Union for Civil Liberties in Chhattisgarh. The activists also demanded immediate suspension of the
Officer-in-Charge of Narayanpatna police station, and investigation into the connection between the mob
attacks on them at various points during their visit to Narayanpatna . They also demanded that the State
government constitute a high-level independent enquiry into the recent police firing at Narayanpatna, and
the long-standing grievances of the tribals in the region. The women activists had reached Narayanpatna
on Wednesday to investigate the incident of police firing at the local police station on November 20, and
the alleged atrocities on women in different villages of the locality. They said they had informed the
Koraput District Collector on December 7 about their visit. But when they reached Narayanpatna police
station by travelling in a hired vehicle, they were advised by the police not to enter the village for safety
reasons. Soon, a mob of more than 200 persons, who were visibly not tribals or ordinary villagers, used
abusive language against them in the presence of policemen, just outside the police station. Many of
them were allegedly thrashed by the mob and the driver of the vehicle was beaten up while the policemen
did little to prevent the attackers, they alleged. They said they were not stopped on their way to
Narayanpatna, but while returning to Parvathipuram after the incident outside the police station, they were
stopped by different groups of youths at Bandhugaon and other places. The driver and another male
member of the team were allegedly beaten up yet again at Bandhugaon. After reaching Parvathipuram on
Wednesday, the activists faxed their complaint to the office of the Koraput SP and the other authorities
concerned , seeking appropriate action against all those who attacked them. The complaint was sent to
the Koraput SP by post on Thursday, they informed.(The Hindu 11/12/09)

Average five custodial deaths every day in last 4 yrs, UP tops (1)
New Delhi: Uttar Pradesh has achieved the dubious distinction of reporting maximum number of custody
deaths this year as 232 people have died in the police stations of the state. In the last four years, the
state has reported 1180 cases where people have lost their lives in police custody second only to
Maharashtra which has seen 1184 such cases, official records of National Human Rights say. Uttar
Pradesh has topped the chart of custody deaths in the country consecutively for the last two years with
232 such deaths till November 30 this year and 330 such incidents reported till last year from state's
police stations, the home ministry data shows. Ironically, the militancy-torn state of Jammu and Kashmir
where the state police are slammed for gross human rights violation, has reported just three custody
deaths this year while the figures stood at one, eight and one in 2006-07, 2007-08, 2008-09 respectively,
according to the data. Andaman and Nicobar seems to have cleanest record in the matter of custody
deaths as the Union territory reported just one incident during last four years. Across the country, more
than five deaths were reported every day from police stations during last four years on an average with
7,333 custody deaths being reported during the period, the figures indicate. (DNA 13/12/09)

2 months on, no breakthrough in Jammu youths custodial killing (1)
Jammu: More than two months have passed since mortal remains of Rajneesh Sharma were immersed in
the holy waters of Ganges on his last journey but the lethargic Omar Abdullah Government has failed to
unravel the mystery behind his alleged custodial killing. After twin postmortems were conducted on the
body of the victim, who died on October 5, the Additional Deputy Commissioner of Srinagar entrusted
with the job of investigating the sensitive case has also failed to submit his report to the Government in
the absence of receipt of a conclusive postmortem report. Ironically, human rights activists in the State
have not uttered a single word in support of the Jammu businessman who was allegedly killed in police
custody a few days after he married Valley-based Muslim girl Amina Yousaf nee Anchal Sharma.
Immediately after the mysterious death of Rajneesh inside Ram Munshi Bagh police station was reported,
a postmortem was performed in Srinagar on October 6 before shifting his body to Jammu besides
ordering a magisterial probe. After family members of Rajneesh had raised the issue of alleged brutal
torture inside police custody and public anger spilled over to the streets of Jammu, Deputy Commissioner
of Jammu MK Dwivedi too ordered a postmortem. Moving swiftly in the matter a three-member panel of
doctors was constituted to perform the second postmortem in Jammu as tempers ran high. The doctors,
who conducted the postmortem on October 8 comprised KK Thakur of Forensic Medicines Department,
Government Medical College (GMC), Jammu, Ishtiyaq, Surgery Department and KK Bhardwaj, Pathology
Department. The preliminary report submitted by the panel also confirmed presence of multiple marks of
torture and injuries all over the body of the victim. The doctors had also sent samples to the Forensic
Science Laboratory to prepare viscera report and conduct pathology tests to ascertain the nature of injury
marks found on the person of Rajneesh at the time of his death. Official sources confirmed to The
Pioneer that final viscera reports have been submitted to the panel of doctors in the third week of October
to enable them to draw their conclusions, but the final report has not been submitted to the Additional DC
Srinagar. Office of the Jammu Deputy Commissioner had accorded top priority to the sensitive case, and
immediately after receiving the viscera samples, we had conducted the tests and forwarded our report to
the doctors on October 22, a senior officer of the FSL said. When asked about the conclusion drawn in
the viscera report, the high ranking official revealed that the death was not caused due to any poisonous
substance. I cannot comment further as it is up to the board of doctors to draw conclusions on the basis
of test reports. Interestingly when one of the three members was contacted for his comments, the senior
consultant feigned ignorance about the FSL report and claimed that they were still awaiting FSL report to
form their opinion. Meanwhile, Additional Deputy Commissioner of Srinagar Mohd Akbar Ganai
maintained that he was awaiting conclusive postmortem report from the board of doctors in Jammu to
conclude his probe report at the earliest. At the same time volunteers of the Mahila Sanrakshan Samiti,
spearheading a campaign on behalf of family members of Rajneesh and his widow Anchal Sharma, have
decided to call on the J&K Governor NN Vohra to intervene in the matter at the earliest and direct the
State Government to order a CBI probe into the matter so that killers of Rajneesh can be
unmasked.(Pioneer 14/12/09)

Sri Lankan military 'sexually abused' Tamil girls in refugee camps (1)
London: In what may bolster the claims of human rights organisations, Tamil women in refugee camps in
Sri Lanka were "sexually abused" by their military guards while many suspected of links to LTTE were
taken away and not seen since, a British medic of Asian-origin has alleged. According to 25-year-old
Vany Kumar, who was locked up in a refugee camp for four months, along with many who escaped the
horrors of the civil war, not only did the military guards traded sex for food with Tamil women but
prisoners were also being made to kneel for hours in the sun, The Observer reported. "It was a
concentration camp, where people were not even allowed to talk, not even allowed to go near the fences.
Sexual abuse is something that was a common thing, that I personally saw. In the visitor area relatives
would be the other side of the fence and we would be in the camp. "Girls came to wait for their relatives
and military officers would come and touch them, and that's something I saw. The girls usually didn't talk
back to them, as they knew that in the camp if they talked anything could happen to them. "It was quite
open, everyone could see the military officers touching the girls. Tamil girls usually don't talk about sexual
abuse, they won't open their mouths about it but I heard the officers were giving the women money or
food in return for sex. These people were desperate for anything," Kumar said. (DNA 20/12/09)

SC upholds cops conviction in Delhi custodial death (1)
New Delhi, December 20, 2009: Twenty-two years after a man died due to torture in a police station here,
the Supreme Court has upheld the conviction of an SHO, but regretted the protracted delay in the trial
during which even the deceaseds own mother and relatives turned hostile. However, since R P Tyagi,
the then SHO of Vivek Vihar police station, was now of 67 years of age, a bench of Justices H S Bedi and
J M Panchal reduced the sentence to five years rigorous imprisonment from eight-year RI, but increased
the fine to Rs five lakh as against Rs two lakh imposed by the Delhi High Court. The apex court said the
convicted SHO would have to pay Rs five lakh to the mother of deceased Mahender failing which his
appeal challenging the Delhi High Courts judgement would automatically stand dismissed. This case
exemplifies the repeated observations that a delay in the disposal of a criminal case leads to the
destruction of the prosecution case. The incident happened in 1987, and the evidence was recorded in
2004. Little wonder, therefore, that all most all the prosecution witnesses including the mother, brothers,
uncles etc of Mahender and Ram Kumar had been declared hostile as they had not supported the
prosecution, the apex court observed. The deceased Mahender along with another person Ram Kumar
were picked up by the police and tortured at the police station on August 24, 1987, after the former
allegedly stabbed Tyagi. (Hindustan Times 21/12/09)

'Armed Forces Special Powers Act responsible for many killings' (1)
An independent citizens' fact-finding mission to Manipur to assess and report on the extrajudicial killings
by security forces presented its report in New Delhi recently. One of the team members, K S
Subramanian , a retired IPS officer and the author of Political Violence and the Police in India, spoke to
Amrith Lal : What is wrong with the law and order situation in Manipur? Since July this year when a
pregnant young woman and a young man were killed in an unjustified police shoot-out in the heart of
Imphal in public view, the situation in Manipur has deteriorated. The enforcement of the Armed Forces
Special Powers Act (AFSPA) in the state since 1980 has led to a large number of such killings (260 in
2009 alone). The public unrest in the state over the last 10 years and more is symbolised in the heroic
and unprecedented indefinite fast by Irom Sharmila Chanu. The state has a deployment of 26 battalions
of Assam Rifles, 10 battalions of the army, 12 battalions of central paramilitary forces and 12 battalions of
Manipur Rifles and India Reserve battalions. The need for such a large deployment in a tiny state with a
population of only 2.6 million was not obvious to us. It was causing public dissatisfaction and militancy
rather than imparting a sense of increased public safety. The state government and the civil society
groups have completely different versions of almost every violent incident. Why is this so? The main
source of official information is the police force, which feel obliged to present such incidents as arising
from a threat to national security. The civil society gets information directly from reliable public sources.
Security personnel operating under the AFSPA are tempted to indulge in fake encounters for rewards and
medals. Manipur heads the list of police gallantry medal awardees during the current year. As elsewhere,
the AFSPA is a bone of contention in Manipur also. Is this Act essential to fight militancy? The Jeevan
Reddy committee (2005) reviewed the working of the AFSPA and admitted that the Act had become "an
object of hate and an instrument of discrimination and high-handedness" and recommended that it be
repealed "without losing sight of the overwhelming desire" of the local people that the army should
remain. This means that the AFSPA was not considered essential to fight the insurgency in the region.
The large number of fake encounters in Manipur appears to be a direct outcome of the impunity conferred
on the security forces by the AFSPA. The CrPC, Section 176 was amended in 2006 to provide for
mandatory judicial enquiries in all cases of custodial deaths and rapes. The procedure has not been
followed. A sessions judge who carried out enquiries into several such incidents had found all of them to
be fake encounter killings. His reports were not made public. (Times of India 21/12/09)

Ranbir encounter: CBI chargesheets 18 policemen (1)
Dehradun, Dec 23: The CBI has chargesheeted 18 policemen, who were allegedly involved in the fake
encounter killing of MBA student Ranbir Singh in Dehradun. The chargesheet was filed before CBI judge
Narendra Dutt here on Tuesday, Dec 22. The investigating agency also filed murder charges against
seven police personnel for allegedly kidnapping and killing Singh on Jul 3. All the seven police personnel,
who are facing murder charges include GD Bhatt, Santosh Jaiswal, Nitin Chauhan, Rajesh Bist, Neeraj
Yadav, Chandra Mohan (all Sub-inspectors) and constable Ajit Kumar. Besides filing murder and
kidnapping charges under section 302 of the IPC, the CBI also accused all the 18 police officers of
tampering with evidence. After making a thorough assessment, CBI had reached a conclusion that Singh
was killed after being subjected to torture. (One India 23/12/09)

Ruchika molestation case: Four CMs sat back as cop ran roughshod (1)
CHANDIGARH: Disgraced former Haryana DGP Rathore may not be finding many friends after his
conviction, but the police officer enjoyed the patronage of four successive CMs. In 1990, when the
molestation incident took place in Panchkula, CM Hukam Singh (Lok Dal) ignored the episode and also
an inquiry report by then DGP R R Singh, which found Rathore prima facie guilty of molesting the minor
girl. Hukam Singh did not allow a case to be registered. Between March and June, 1991, Om Prakash
Chautala (Lok Dal) became CM but he too did not take any action. Rathore, who was an IG at the time of
the molestation incident, even got his promotion as additional DGP in 1994 when Bhajan Lal of the
Congress was CM. The promotion came just a few months after Ruchika committed suicide in 1993.
During Bhajan Lal's tenure from June 1991 to May 1996, Rathore was elevated to DGP. It was during
Bansi Lal's regime in 1998 that the Punjab and Haryana HC ordered a CBI probe against Rathore. In Oct
1999, Chautala returned and made Rathore DGP of the state. He continued to be on this top post till
December 2000 despite the CBI chargesheeting him in January 2000. (Times of India 24/12/09)

I was tortured: Ruchikas brother (1)
New Delhi, Dec. 24 (PTI): Ruchika Girhotras brother Aashu was tortured in police stations in the
presence of S.P.S. Rathore after his sisters molestation complaint against the ex-top cop, the boys
statement to a court has revealed. They tortured me. My hands were tied on my back and I was made to
bend. My feet were tied with a weight. I was kept in this position for 10-15 minutes, Aashu, who was
about 20 years old then, had said on September 3, 2002, before a sessions court in Patiala. The
statement has been accessed now. He was giving an account of what happened inside a police station in
Haryanas Mansa Devi where he was kept after being picked up by plainclothes men on October 23,
1993, two months before Ruchika committed suicide. Punjab and Haryana High Court had suo motu
directed the sessions court to inquire into Aashus torture allegations. A few years later, the high court
asked the CBI to probe the molestation case. After some time, S.P.S. Rathore also came there (in the
police station). He asked the police officers whether they had served (punished) me. They told Rathore
they will torture me more, Aashu told the court. Aashu alleged that the police officers threatened him for
entering into a dispute with Rathore. Why have you taken panga (started a dispute) with a senior police
officer like Rathore and why have your sister and father taken up the matter (molestation complaint)
against him, he quoted the cops as telling him after one beating session. In his six-page statement,
Aashu alleged that he was repeatedly picked up by Haryana police and third-degree torture inflicted on
him. On one occasion, Aashu said he was made to lie on the ground with a pestle being rolled over his
legs and thighs while a constable sat on it. Rathore use to ask me if I have changed my mind or not.
He also told me that my father would not be able to bear the torture which I was going through, Aashu
said in the statement. On another occasion, Aashu said he was taken to his house by policemen who
abused him in front of his sister and father. Once his house was searched, he was taken back to the
police station after being paraded on the streets handcuffed. I was put into the jeep in the midnight of
December 29 (1993)... only to be pushed out after being told that their (policemens) job was over and
that I should go back home, Aashu said. After spending the night in the garage as his house was locked,
Aashu was taken inside next morning by his father and told that his sister had committed suicide. Even
the funeral of my sister was over when I came back, he said. Rathore told me I should prevail over my
sister and father to withdraw the complaint or he would get me implicated in a number of cases and I
would remain in the police station/jail my whole life. Aashu told the court he and his sister were very
emotionally attached as their mother was dead. After Ruchika was expelled from her school over the
molestation complaint, she started confining herself to the house out of fear because whenever she use
to step out, she was harassed by people of Rathore by using vulgar language, Aashu said in the
statement.(Telegraph 25/12/09)

A sour 2009 for Mumbai police (1)
Mumbai, Dec 28 : The year 2009 which began in the aftermath of the shocking events of 26/11 saw
Mumbai Police at the receiving end of flak and severe criticism from the people from all walks of life. The
city police force had to face the music for many reasons including -- dereliction of duty during the terror
attack on November 26, last year, the Ram Pradhan Committee report which held top police officials
responsible for failure in tackling the situation, custodial death of Khawja Yunus, cancellation of
appointment of Director General of Police A N Roy, loopholes in investigation of 26/11 case, transfer of
Police Commissioner Hasan Gafoor, internal feud between top ranking officials, increasing incidents of
rape, and murder of senior citizens. The city police were also attacked from all quarters for their inept
handling of the 26/11 terror attack situation, which also saw uproar in the Legislative Assembly. The Ram
Pradhan Committee has stated that ''senior police officers did not handle the situation the way it should
have been handled.'' A number of PILs were filed in the Bombay High Court in connection with the sub-
standard quality of bullet-proof jackets purchased by the police department and also the missing jacket of
slain Joint Commissioner Hemant Karkare, which was later found in a dumping ground.The arrest of
David Headley, suspected mastermind of the 26/11 terrorist attack, by Federal Bureau of Investigation
(FBI) in October this year, gave a new turn to the investigation. The FBI officials had confirmed the
involvement of Headley and his associate Tahawure Hussain Rana, however, a team of National
Investigating Agency (NIA) had gone to interrogate them. But, FBI officials did not allow them to
interrogate Headley or Rana. The disclosure by then Police Commissioner Hasan Gafoor in a magazine
interview that four top police officers did not listen to him during terror attack created a feud between top
police officials. On a positive note, increase of surveillance across the state after 26/11, including marine
security, saw a dip in the crime ratio by 20 per cent in crimes like robbery, murder, attempt to murder,
extortion, theft and rape compared to the previous year.

However, rape incidents hogged headlines during this year. Doctors, co-pilots and celebrities were
involved in incidents of rape or molestation of minors. The state government formed 'Force One' with the
line-up of National Security Guard (NSG) to tackle the terror situation. The department also improved
security arrangement, purchased boats, sophisticated weapons and provided training to the cops and
others. The Maharashtra government has also given an order to purchase 2,000 bulletproof jackets for
city police. Jammu and Kashmir cadre IPS officer Saji Mohan, deputy director of enforcement (Kochi) was
arrested with 12 kg heroin. Police cracked down on gangsters this year killing three gangsters including
Subhash Shetty alias Bhujana, a sharpshooter of gangster Hemant Poojari, who was killed in an
encounter with police at Borivali. Underworld don Dawood Ibrahim Kaskar's brother-in-law Zanzeb Amir
Kamal Khan was arrested in an attempt to murder case and four aides of Hemant Poojari Gang were
arrested from Thane in connection with last year's firing at an industrialist in Andheri, western suburb. City
police successfully extradited prime accused Abdul Rafi Merchant alias Raja from the border of
Bangladesh in the cassettee-king Gulshan Kumar murder case. Chhota Sakeel gang member Gurpeet
Singh Bhullar alias Sandy alias Iqbal, wanted in several cases of murder and extortion, was extradited
from Bangkok. Meanwhile, Directorate of Revenue Intelligence (DRI) officials busted a racket that
allegedly used a special economic zone to smuggle goods worth in crore into the country to evade
custody duty. Celebrities also made headlines led by Bollywood actor Shiny Ahuja in a rape case
involving his maidservant and scriptwriter Krishan Kumar Pathak was arrested on rape charges of a
paying guest and aspiring actor in his Versova residence. Additional Commissioner of Income Tax
Department S M Kashkamats was arrested in a bribery case of accepting Rs 45 lakh from the
complainant. The CBI arrested an Nationalist Congress Party (NCP) MP in the murder case of Pawan
Raje Nimbalkar, a Congress leader at Panvel in 2007. Meanwhile, doctors from state run St George
hospital were arrested on charges of rape of a third-year MBBS student. Another doctor from KEM
hospital was arrested on the charge of molesting patients. Anti-Narcotics Bureau of city police also raided
several pubs in the city for holding Rave parties, in which children from elite families, including children of
celebrities of Bollywood were arrested from Juhu area. In a shocking incident, the father of a 21-year-old
girl was taken into custody for repeatedlyly raping his daughter for past 12 years on the advice of tantrik
Hashmukh Rathod to lift his flagging business and bring prosperity. Ajana, mother of victim, as also
arrested for abetting the crime. Marathi television actress Urvashi Dhamankar (32), was arrested for
allegedly torturing her nine-year-old maid servant. A 27-year-old mentally challenged woman was gang
raped by four teenager at Thane. Union Bank Chairman and Managing Director M V Nair was questioned
in connection with former chief minister of Jharkhand Madhu Koda's illegal wealth case. (New Kerala
28/12/09)

What IPC? Cops set to arrest kids for killing 'bhabhi' (1)
SASARAM: Can Class I and LKG kids torture and assault a woman to death? Or, to be more liberal, can
children of this age collude with their grown-up kin to execute a killing in their household? Indian Penal
Code (IPC)'s Section 82 says: "Nothing is an offence which is done by a child under seven years of age."
But either Kaimur police have not read the rule book or they care a damn about it. In yet another instance
of sham police investigations making ridiculous conclusions in criminal cases, Chaniya Khatun, 6, and her
sister Soni Khatun, 5, along with six other family members have been held guilty by police of having killed
an 18-year-old woman. With Kaimur superintendent of police P K Srivastava agreeing to the Bhabhua
DSP Sanjay Kumar's supervision note and ordering the arrest of the accused, the eight, including the two
girls, are likely to be arrested "any moment now". "I have already procured a warrant of arrest against the
eight accused," said R K Singh, station house officer of Sonhan police station. It was the Sonhan PS
which lodged an FIR in the case on September 2 this year after the court of Bhabhua chief judicial
magistrate (CJM) forwarded a complaint case to it for investigation. In his complaint, filed in the CJM's
court on August 18, one Shah Mohammad of Khair village alleged that his 18-year-old daughter Akhtari
Begum, who was married to one Md Tajuddin of Pawandi village in Rohtas district, was killed by her
husband and in-laws on July 26 for dowry. As it happens in such cases, all the in-laws were named as
accused. On September 24, Bhabhua DSP Kumar along with the investigating officer visited Pawandi and
supervised the case. He also interrogated the minor sisters and arrested the girl's father-in-law. His
supervision note concluded that the accusation appeared to be true as those named accused had
tortured and assaulted Akhtari to death for dowry. Akhtari was the wife of the brother of Chaniya and
Soni, who study in a primary school. Srivastava just okayed the DSP's findings and ordered the arrest of
the accused. In case they elude police, their property will be attached, he further ordered. Ironically,
Srivastava on Monday evening told TOI: "Aisi galtiya hote rahti hai (Such mistakes keep happening)" if
the children are named accused and witnesses also corroborate the accusation. When told about IPC
and asked about police wisdom, he said: "We will do something about it now." A senior lawyer and
member of the Bihar Bar Council described the police action as illegal. "Nor only does it border on
incredulity, but it also reveals an insensitive face of the state police," said Akhauri Mangala Charan
Srivastav. No this is not a one-off case of its kind. Earlier this month, this newspaper reported how an SP
found the accusation true against all the members of a family in a case of kidnapping that never took
place. So, all of them, including an octogenarian, were jailed for months. In another case, an alleged
murderer fooled police into arresting two innocent persons for the crime he had committed. Taking
cognizance of the two cases of "violation of rights of innocent persons by police" the State Human Rights
Commission has sought a reply from director-general of police Anand Shankar. (Times of India 29/12/09)