Indian legal fraternity invites Pakistan’s CJP


PAKISTAN TODAY

ISMAIL DILAWARWednesday, 5 Jun 2013

Pakistan_india_flags

karachi - The judges and lawyers of the Supreme Court of India (SCI) are keen to invite Chief Justice of Pakistan Iftikhar Muhammad Chaudhri to their country before his retirement this year in December.
They also showed their determination to take up with their government in New Delhi the issue of hundreds of Pakistani prisoners in Indian jails. “We are interested to invite the chief justice of Pakistan to India,” said Justice (r) AK Ganguly of the SCI.
Justice Ganguly along with Advocates Colin Gonsalves, Prashant Bhushan, Mukul Sinha and Nijhari Sinha are in Pakistan to attend the two-day India-Pakistan conference on “judicial activism, public interest litigation and human rights” which concluded on Wednesday.
Pakistani lawyer Faisal Siddiqui, Karamat Ali Executive Director of Pakistan Institute of Labour Education and Research (Piler), and others accompanied the Indian delegation.
“He (CJP) has taken many bold steps to show what important role the judiciary can play in a society,” said Justice Ganguly during a visit to the press club.
KPC President Imtiaz Faran, Secretary Aamir Latif, Vice President Saeed Sarbazi, Joint Secretary Shams Keerio, Senior Journalist Habib Khan Ghauri and members of governing body welcomed the guests.
Advocate Colin Gonsalves said they had decided to invite Justice Ch during the two-day moot in Pakistan where events relating to the inspirational lawyers’ movement for the restoration of CJP were brought to his knowledge.
“We have concluded to invite him (CJP) to India before his retirement,” said Advocate Gonsalves. Chief Justice Chaudhri would retire on the 13th of December this year.
The Indian lawyer was all praise for the CJP for the latter’s suo motu actions with regard to the public interest litigation (PIL). “The exchange of views is very important,” remarked Justice Ganguly.
Quite few people in India knew about the lawyers’ movement in Pakistan in the favour of Justice Chaudhri after he was sacked by the then military ruler Pervez Musharraf.
However, a Pakistani lawyer, Advocate Faisal Siddiqui told Pakistan Today that the CJP’s visit to India was just a ‘dream’ now. He, however, believed that such interaction would promote people-to-people contact between the two neighboring nations.
Earlier in a meeting with KPC’s governing body, Justice Ganguly said he had observed that judges in Pakistan were bolder than that of India. This, he said, was because of the lawyers fraternity which had been fighting for the independence of judiciary shoulder-by-shoulder with the judges.
About the two-day moot, Advocate Gonsalves said a weeklong conference would soon be held in India to which 20-25-member delegations would be invited from the South Asian countries.
The lawyer also vowed that his side would take up the issue of around 200 Pakistani fishermen imprisoned in Indian jails with the Indian government.
The Indian delegation viewed that the two countries had common values and culture, so they should live in peace and promote people-to-people contacts. Specially, they said, visa procedures should be simplified. “This is our first step towards building a link between the lawyers and judges” living across the border, said Advocate Gonsalves. The members of Indian delegation were later gifted “Ajrak”, the sign of thousands of years old Sindhi cultural.

 

#India-The police are outdoing the Taliban #Vaw #moralpolicing


TNN | Jan 16, 2013,

MUMBAI: The Bombay Police Act (BPA) of 1951, with its outdated provisions still intact, is now also being used outside the city to rein in citizens in a manner that tramples upon personal liberty and fundamental rights. Legal experts expressed shock that police in Thane district were using Section 110 of the BPA — which prohibits “indecent, riotous or disorderly behaviour in public” — against couples and individuals found in public places after sunset or in “isolated spots” or lonely stretches. The intention is to fight sexual harassment and make the streets safer for women, but experts said the cops are only targeting innocent people and not the criminals.

Police in the Kalyan-Dombivli area recently began stopping couples and lecturing them about the benefits of staying indoors at night, one of which apparently is that they wouldn’t be fined Rs 1,200 under the BPA. Over 90 people have been fined. Criminal law counsel Shrikant Bhat said that under the law the police have no power to even impose such a fine. They are only authorized to investigate.

“The policemen are acting like tyrants. Instead of doing their duty to protect people and women, they seem to have lost all sense of policing,” said Colin Gonsalves, a civil rights lawyer who has moved to Delhi from Mumbai and now practises in the Supreme Court. “My advice to the womenis to identify these police officers who prevent them from being out and then move the police chief or Bombay high court to have such officers removed from service,” he said.

Senior counsel and criminal law expert from Mumbai, Shirish Gupte, added, “The police have absolutely no power to stop anyone from being outside unless the person is soliciting a customer. The police are overreaching the law.” The police also have no power to ask college principals to ensure that students display their college identity cards at all times, even outside college premises.

Apparently, the police move came after a circular was sent to the force in Thane asking it to act against sexual harassment. “The police move, an outcome of a well-intentioned circular to form squads across police stations to tackle sexual harassment, is being misdirected and enforced by overzealous cops without application of mind,” said one lawyer.

“I think the problem is not with the law. The police are targeting law-abiding citizens by grossly misunderstanding the provisions of the law,” said former chief information commissioner Shailesh Gandhi. “Instead of providing security to citizens, they are harassing them to cover their own failure. The police must stop this immediately and apologize to the innocent citizens.”

“A couple or a single girl, irrespective of the time of day, is not exposing her person in an indecent manner by merely walking on the road or sitting in a corner. The police have absolutely no justification to fine young couples Rs 1,200 and lecture them on morality,” said Bhat. He added, “The police also can’t ask a couple or single girl to stay indoors after 8pm or 10pm. By doing this, they are outdoing the Taliban. Article 19 and 21 of the Constitution of India enshrine personal liberty and freedom of movement. Undoubtedly, neither freedom nor personal liberty is unconditional or absolute. However, a couple moving at night is not indulging in indecent behavior. There is nothing to show that the women who have been attacked by rapists and goons were indulging in indecent behavior or ‘exposing’ themselves.” Only the charge of indecent, riotous or disorderly behavior would justify police intervention, says the law.

Bhat added, “The police must be taught a lesson by being taken to court and fined, which should be recovered from their salaries and not taxpayer money. Departmental action should also be taken against them.”

The policemen are acting like tyrants. Instead of doing their duty to protect people and women, they seem to have lost all sense of policing

– Colin Gonsalves, civil rights lawyer practicing in the Supreme Court

The police also can’t ask a couple or single girl to stay indoors after 8pm or 10pm. By doing this, they are outdoing the Taliban

– Shrikant Bhat, criminal law counsel

Fighting back

The police are only authorized to investigate. They have no legal right to punish a citizen. The fines collected by the Thane police are subject to the approval of a magistrate. The fined individuals can visit the magistrate’s court the next day, engage a lawyer, plead not guilty and fight a case. Their lawyer would have the right to cross-examine the police. The magistrate can then give a judgment. Alternatively, and depending on the case, the aggrieved party can file a writ petition in the high court for quashing proceedings and return of fine, said advocate Shrikant Bhat.

 

Supreme Court admits PIL on cancer cervical vaccine trial #goodnews


TNN | Jan 8, 2013,

INDORE: The Supreme Court on Monday admitted a public interest litigation (PIL) filed by local activists alleging that pharma companies had conducted unauthorised drug tests of their vaccine on tribal girls.

The petition alleges that pharma companies, including Glaxo Smithkline and MSD Pharmaceuticals Pvt Ltd tested gardasil and cervarix — two unproven HPV vaccines purported to prevent cervical cancer — on nearly 24,000 tribal girls in Andhra Pradesh and Gujarat, including 44 persons at the Maharaja Yeshwantrao Hospital (MYH). Of 44 patients subjected to drug trials in the state, 10 were males.

PIL filed by Kalpana Mehta of Indore, Nalini Bhanot and V Rukmini Rao representing Gramya Resource Centre for Women alleges that the testing had led to adverse effects on girls’ health and the pharma companies ignored their further treatment. Seven girls allegedly succumbed during the vaccine trial. The petitioners were represented by Colin Gonsalves of the Human Rights Law Network.

Admitting the case, Justice S Radhakrishnan and Justice Dipak Misra have directed the Union government to immediately file its reply on the issue.

The apex court has also directed that the Christian Medical College, Vellore, should be asked to examine the medical record of the girls in question and submit a report to the court.

This order comes in the backdrop of allegations by activists that multinational companies are influencing state governments to carry out clinical trials on humans, which are often not transparent or regulated efficiently. The PIL alleges that PATH, an NGO, had initiated a project for the introduction of the two vaccines in India by signing a MoU with ICMR even before they were licensed by the Drugs Controller of India.

 

Grant bail to Maudany and try him in fast-track court, says Rajya Sabha MP


By Tariq Abdul Muhaimin1/5/13, NEWZFIRST

Bangalore – After visiting Abdul Nasser Maudany, a terror accused who has been lodged in a Bangalore jail for his alleged involvement in the 2008 Bangalore serial blasts case, a delegation consisting of Rajya Sabha MP, Senior Advocate of Supreme Court and several human rights activists on Saturday demanded that he should be granted bail on humanitarian grounds.

“It is very sad to see his health condition. He is suffering from many ailments. The Govt. and police are not ready to settle his case. They should stop dragging it any longer”, said Mohammed Adeeb, Member of Parliament in Rajya Sabha from Uttar Pradesh, while addressing reporters at a press conference here.

“If he is guilty, he should be punished. If he is not, then he should be released. This is not what a just society should be doing”, he added.

Describing the deteriorating heath of Maudany, Mohammed Adeeb also demanded that he be released on humanitarian grounds and that all terror related cases in India, including that of Maudany, should be transferred to fast-track courts and disposed off as quickly as possible.

“Even after 2 years, only 35 witnesses have been formally examined while more than 300 witnesses have to be examined. It will take years before the case is completed. The state has no proof against Maudany”, Mohammed Adeeb told Newzfirst.

Abdul Nasar Maudany was falsely accused for the 1998 Coimbatore serial bomb blasts that claimed 58 lives. Maudany was imprisoned for nine years as an under-trial. However, he was acquitted of all charges by the High Court in 2007.

Maudany charged that there was a hidden political agenda in connecting him with the Coimbatore blast case. On 17th August 2010, Maudany was arrested again for his alleged role in the Bangalore blasts of 2008 and is presently languishing in Parappana Agrahara Central Jail in Bangalore.

“What is sad to see is that after spending 9 years in jail in connection with the Coimbatore serial bomb blasts case and being honorably acquitted later, he was made accused in another blasts case”, said Colin Gonsalves, Senior Advocate of Supreme Court.

“He made a very sad gesture when we went to visit him. He pointed to his leg and said ‘When I touch my leg, it feels like rubber’”, Gonsalves said in a tone of sadness.

Gonsalves said that Maudany has virtually no power in one eye and has lost 80% eyesight in the other one. He also has gangrene that continues to spread throughout his body.

In May this year, Human Rights Activist and columnist NM Sidheeq, who visited Maudany in jail, had said that he is suffering from various ailments like diabetic retinopathy, diabetic neuropathy, cervical spondylitis, urinary block, disc collapse, stomach ulcer, back bone ache, blood pressure and many other diseases which he developed during the last two imprisonments as he was denied basic medical assistance.

A ray of light in the darkness

Abdul Nasser Maudany’s bail application was rejected repeatedly by the trial court, High Court and Supreme Court in the last 2 years. However, the SC judge had directed the state government to make available all medical facilities required for his treatment.

But because Maudany asked the court to grant his wife and son permission to stay along with him during treatment, the trial court has ever since delayed his treatment by denying this request.

“When the matter went to High Court, the judge asked us to file an affidavit and clearly specify as to which hospitals we would be taking him for treatment. We did so. The High Court then directed the state government to grant permission for the same”, said P. Usman, Advocate of Abdul Nasser Maudany, while speaking to Newzfirst.

“This happened 3 months back. But the trial court granted permission for this today. It is saddening, but at least some good news in so much pain”, he added.

Maudany has been granted permission by the 34th Additional Sessions Judge H. S. Sreenivas to get himself admitted and treated immediately in Soukhya Ayurvedic hospital and Agarwal eye clinic. The Court has further directed that he shall be entitled to have his wife Sufia and son Omar Mukhtar as his attendants.

Maudany and politics

Following the Babri Masjid demolition in 1992, Maudany had launched the Peoples Democratic Party (PDP) with the stated objective of “Muslim-Dalit-backward caste” alliance.

In 1992, Maudany also became the target of an assassination attempt, allegedly by a Rashtriya Swayamsevak Sangh (RSS) activist, in which he lost his right leg.

New Year breathes new life into anti-nuclear struggle at Kudankulam


 

Press Release: 1st January 2013

 

  • Activists, struggle communities along with other professionals from varied walks of life take midnight pledge to fight against the Nuclear plant and to fight the forces of death and destruction.
  • Trade Unions, environmental groups, human rights organisations, etc. extend solidarity to people’s struggle at Kudankulam
  • Scientists, senior activists, artists, film makers, lawyers & other professionals join the struggle on the eve of New Year 2013
  • Night-long celebrations at Idinthakarai beach reverberate the spirit of resistance, assertion, freedom and democracy

 

As 2012 came to a close and 2013 dawned, hundreds of people sang and danced together at the Idinthakarai coast, adjacent to the Kudankulam Nuclear Plant. Among the thousands who gathered were more than three hundred people who came from outside the region, to join the local people. They came to the coastal hamlets around Kudankulam to support the spirit of freedom, humanity, resistance and democracy represented by the People’s Movement Against Nuclear Energy (PMANE). People’s movements from Delhi, Madhya Pradesh, Uttar Pradesh, Goa, Maharashtra, Gujarat, Odisha, Chhattisgarh, Jharkhand, Andhra Pradesh, Kerala, West Bengal, Karnataka, Pondicherry and Tamil Nadu among other states along with activists, trade unions, professionals, artists, students and others have come to oppose the undemocratic imposition of a nuclear reactor within two kilometres of Idinthakarai. The local people have come from the coastal villages of Idinthakarai, Kudankulam, Vairavikinaru, Kuthankuzhi, Koottappuli and Perumanal.

 

The movement in Idinthakarai is representative of many people’s struggles in various parts of the country against the lack of local people’s participation in decisions that affect them and generations after them. With promises of dramatic changes for local people, mines in Jharkhand, thermal power plants in Odisha and hydro- electric plants are established. However, the experience of the local people show they are often left in the shadow of such development. This negligence of people has reached its peak with the bogus promise of electricity, energy, etc. taking the centre-stage on the issues around displacement and destructive development paradigm. This is demonstrated in the villages next to many thermal plants and dams in Jharkhand, Chhatisgarh, Odisha and places like Raichur. With corporations awaiting to grab the electricity generated at the Kudankulam plant, no different fate awaits the people of Idinthakarai, Kudankulam and even rest of Tamil Nadu.

 

31st December in Idinthakarai has turned out to be a memorable experience for the local people and those who came from different parts of India. The day began with children from all over India coming together to paint a mural against the nuclear reactor in Kudankulam. It was followed by a rally accompanied by music, song and dance through the coastal hamlets around Idinthakarai. The children took the lead to assert their right to live a life safe from the risks of nuclear radiation. With the beating of drums, the Janwadi Sanstrutik Andolan from Odisha opened the programme to welcome the people gathered in solidarity at the Idinthakarai Lourde Matha Church. Despite speaking various languages, they raised a joint voice against the proposed nuclear plant.

 

Hajirabi representing the people affected by Bhopal Gas disaster of 1984 highlighted how the people of Bhopal were continuing to live the tragedy despite all false promises of the government and Union Carbide (now Dow Chemicals). Many speakers highlighted how, when democratic people’s struggles were exercising their right to protest, they have faced difficulties, harassment, arrests and even death. The case of Sr. Valsa John was highlighted in Jharkhand, who was murdered when she was leading protests against the usurping of traditional forests of the Adivasi community for uranium mines. During this process of protests, they were labelled as traitors, enemies of the state and most recently terrorists, making it difficult to lead normal lives. Ashim Roy, General Secretary of the New Trade Union Initiative (NTUI is a national trade union of workers from varied sectors) affirmed that it is the duty of the new people’s movements to bring awareness to the old movements like trade unions, with regard to the assertive land protection struggles. He reaffirmed NTUI’s support to the struggle at Kudankulam.

 

Many speakers also highlighted how many villages across India were in a permanent siege, with many villages surrounded by the local police, the Central Reserve Police Force, the Rapid Action Force and other para military forces. In order to intimidate local resistance, thousands of fabricated cases are slapped onto protesters, who have to live with the constant threat of arrest. The experiences from Jagatsingpur (anti-POSCO struggle), Latehar (Jharkhand), Jaitapur (anti-nuclear plant struggle in Maharshtra), Chengara (land struggle in Kerala), etc. have not been different.

 

Selvam from the Tamil Nadu Eearkai Vyavasaya Sangam highlighted how the State has been painting a rosy picture for the people if they leave agriculture and other traditional livelihoods like fishing. However, speaker after speaker highlighted how various development projects have left them impoverished as lose access to their traditional livelihoods and at the same time cannot access the benefits promised by the State.

 

T. Peter from the National Fishworkers’ Forum highlighted the sacrifices the fishing community have made for the greater good of the country. It was the coastal villages and the fishworkers who sacrificed their land to establish the Thumba satellite launch station. But he asserted that for destructive developmental projects like the Nuclear project, the same fishworkers will give their life to protect land, livelihood and marine resources. It is a battle of life against the forces of death, he asserted. Peter also announced that fishworkers from across the country will hold January 21st as solidarity day in support of the people’s struggle in Kudankulam.

 

The day witnessed cultural programmes by Space theatre (Goa), Dynamic Action (Kerala), Delhi Solidarity Group, Susanta Das (West Bengal), children’s programmes from Idiantahkarai. The night witnessed songs, dances and cultural performances that lasted till the dawn of the first day of 2013. Eminent citizens and senior movement activists including Dr. Binayak SenAdmiral (Rtd) Ramdas, Achin Vinaik, Ajitha George, Adv. Colin Gonsalves, Adv. Clifton D’Rozario, Praful Bidwai, Gabriela Dietrich, Ashim Roy, Lalita Ramdas, Wilfred D’costa, Dr. Meher Engineer, T. Peter, Sr. Celia, Vilayodi Venugopal, Laha Gopalan, and others participated in the events held atLourde Matha Church premises at Idinthakarai. They were joined by eminent filmmakers, photographers, actors, singers, playwrights, scientists, and local movement representatives including Dr. S P Udayakumar, Mary, Malar Manickam, Inita Sahayam, Pushparayan, Milton and others.

 

During the evening, young activists from all over the country came together to share their dreams, hopes and aspirations of local people. They shared their hope that the development process would be more inclusive and participatory with local communities deciding on their common future. They highlighted their common dream of more democratic decision-making and a greater stake for local people in local development.

 

For details contact: Magline (09495531555), Bhargavi (09999563950) & Lakshmi (09791009160)

 

Extrajudicial killings: SC issues notice to Centre, Manipur government


By Abu Zafar10/1/12, Abu Zafar, Newzfirst

 

NEW DELHI

The

Su

 

Supreme Court of India Monday admitted a petition filed by the family members of the victims of extra-judicial killing in Manipur and issued the notices to the Central and Manipur Governments.

The Extrajudicial Executions Victims’ Families Association (EEVFA) had filed the petition before the apex court seeking the constitution of a special investigation team (SIT) to probe the extra judicial killings in the state since 1978.

Appointing Menaka Guruswamy, a Supreme Court lawyer, as the amicus curiae into the matter, the bench consisting Justice Aftab Alam and Justice Ranjana Prakash Desai set 4 November as the next date of hearing.

Colin Gonsalves, appearing for the petitioner, told the Supreme Court that more than 1,528 people have been killed by security forces since 1978.

The petition also claimed that the killings took place when the victims were in the custody of police or other security forces.

The petition also stated that neither departmental enquiries were conducted into such killings nor the criminal investigations.

“Magisterial inquiries that took place sometimes were conducted by the executive magistrates under the cover of secrecy and most often without intimation to the eyewitnesses and the members of the families. They were conducted as an eyewash.” the petition said.

Families of victims see a ray of hope:

Responding to the developments, Neena Ningombam, secretary of Extrajudicial Executions Victims’ Families Association (EEVFA), said, “There is a hope of justice, that’s why we moved apex court.”

According to Neena she has knocked every possible door in pursuit of justice, but futile.

Neena, 33, is mother of two sons of age 10 and 5 years. Her husband Nongmaithem Michael was killed on 4 November 2008, by the security forces branding him as the terrorist.

(A group photo of victims’ families during a meet in last March. Courtesy- humanrightsmanipur.wordpress.com)

Resist Silent Emergency!-‘People’s Hearing on FABRICATED CASES’-Sept28-29


Dear Friends,

Sub: Invitation to a ‘PEOPLE’S HEARING ON FABRICATED CASES’

Venue: Constitution Club, New Delhi

Dates: September 28 – 29, 2012, Friday, Saturday.

The nightmare of the infamous Emergency of Mrs. Indira Gandhi was supposed to be over in 1977 when it was lifted after two years due to large scale public protest. Political parties, institutions and individuals who defended Emergency were discredited. The sigh of relief evoked a hope for a functioning democracy in India.

But today, we are entering into a similar phase of authoritarian governance without any formal declaration of Emergency. This Silent Emergency has regulated, controlled and restricted all space for democratic public protests against ruling governments. Custodial deaths and encounter killings have become a routine phenomenon. Rape, murder, loot, torture and arrests in Manipur, Nagaland and other north eastern states as well as Kashmir have even crossed the excesses of the Emergency period. Many discriminatory laws have been enacted to silence the Media without a censorship. Several discriminatory laws were enacted to enhance and strengthen the power of the State over civil society and crush dissent.

Laws to facilitate the corporate control and loot over the resources of people are being enacted. This has also become a major reason for the human rights violations against adivasis, dalits, minorities, farmers, fisher people, workers, activists and human rights movements. The human rights defenders who take up burning issues of the people are being targeted. False cases are being fabricated against activists, people’s movements, media, theatre activists, minorities, self-determination movements, dalits and adivasis in a major way. Thus thousands of innocent people are languishing in Indian jails without any trial.

In this context of the Silent Emergency in our country we would like to invite you to attend the ‘PEOPLE’S HEARING ON FABRICATED CASES’ which has the following objectives:

1. To defend fundamental rights, human rights and the Indian Constitution to preserve our democracy

2. To popularize some of the most brazen cases of fabrication of false charges against political dissidents and members of the Muslim, dalit and adivasi communities

3. To facilitate further legal action for freedom of these innocent people

4. To generate pressure on the mainstream media to play a more socially responsible role

5. To generate pressure on the institutions of Indian State for the release of undertrials.

The Programme:

The organizers expect the participation of around 50 victims, their family members or friends whose testimonies will be heard by a jury comprising of judges, lawyers, journalists, human rights activists and artists. After listening to all the presentations the Jury will report their observations and conclusions with clear recommendations for various institutions of the Indian State.

Organisers: Solidarity Youth MovementKerala, Indian Social Action Forum – INSAF, PUCL, AISA, SIO, Right to Food Campaign, KSMTF (Kerala Swathantra Matsya Tizhilali Federation), PPSS (Anti Posco Movement), ICR, Focus on the Global South, Justice for Maudany Forum, Visual Search, Moving Republic, SAHELI, Pedestrian Pictures, National Campaign Against Fabrication of False Cases, http://www.fabricated.in, Jamia Teachers Solidarity Assiciation, Jamia Student Solidarity Forum, Bharatiya Muslim Mahila Andolan, National Adivasi Alliance, Kabani – The Other Direction, Human Rights Alert, Dalit Human Rights Movement (DHRM) – Kerala, Forum for Democracy and Communal Amity, Action for Social Equality, INSOCO – Indian Solidarity Committee for freedom democracy & human rights, Center for Harmony and Peace – Varanasi, PUDR, Socialist Front, Student of Resistance.
People’s Hearing on Fabricated Cases

Sept 28-29 Constitution Club, New Delhi

Programme Schedule

28-09-2012, Friday

Inaugural Session: 10am – 11.30am

11.30am – 1.30pm
Issue
Speaker

1
Koodankulam Anti Nuclear
P K Sundaram

2
Anti POSCO Struggle
Abhay Sahoo

3
Jaitapur Anti Nuclear
Vaishali Patil

4
Farmers Group, Madhya Pradesh
Dr. Sunilam

LUNCH BREAK

2.30pm – 6pm
Issue/Case
Speaker

5
Journalist Mhd Ahmed Kazmi
Shauzab Kazmi

6
Soni Sori
Himanshu Kumar

7
Gujarat Fabricated Cases
Zakiya Soman

8
Faseeh Mahmood
Sabih Mahmood, Manisha Sethi

9
Journalist Shahina KK
Shahina KK

10
Seema Azad, UP
Seema Azad

11
Jharkhand
Dayamani Barla

12
Odisha
Prafulla Samantara

13
Chattisgharh
Ajay T.G

14
DHRM, Kerala
Suresh

15
Email Surveillance Victims, Kerala
T. Mohammed Vellom
29-09-2012, Saturday

10am – 1.00pm
Issues
Speaker

16
Kashmir & North East
Anjum Zamrud Habib, Babloo Loitongbam, Kaka D Iralu, Neena Ningombam

17
Abdul Nasar Maudany
Dr. Sebastin Pol, Omar Mukhtar
LUNCH BREAK

2.00pm – 3.30pm
Issues
Speaker

1
Prisoners Issue
SAR Geelani

2
Repressive Laws
Preeti Chauhan, PUDR

3
Increasing repressive state under neoliberalism
Colin Gonsalves
3.30pm – 6.00pm

Concluding Session: Comments from the Jury

Jury:
Justice Rajindar Sachar
Dr. Binayak Sen
Saba Naqvi
Ajit Shahi
Dr. Ram Puniyani
K Satchidanandan

Soni Sori at AIIMS, has severe burning in vagina from police torture


By Newzfirst Correspondent 5/10/12

 

NEW DELHI – Soni Sori, a tribal woman from Chhattisgarh, tortured by Police Thursday got admitted in AIIMS, New Delhi. She complained about severe burning sensation in her vagina due to police torture.

Colin Gonsalves, counsel of Soni Sori in Supreme court who met her in the Hospital after the admission, told newzfirst.com, “She complained of severe burning sensation in vagina, may be because of infection caused due insertion of stones during police custody and bristles in genital area. She even complained of severe vaginal bleeding for months together, which is stopped now. Apart from swelling in the legs, she looks very weak and anemic.”

“Moreover, Chhattisgarh police didn’t even provide the medicines that were prescribed by Hospital in Kolkata during last health check-up. Treatment is not yet started. I hope AIIMS will do the justice.” He added.

The Chhattisgarh Police brought Sori from Raipur, the state capital, on Wednesday by a 7a.m. flight. Even though they landed in Delhi before noon, they brought her to AIIMS only at 5p.m. and were sent back because admissions at the hospital close at 4p.m.

“She also expressed desire to meet Guruji -Himamshu Kumar, a social activist, Bani Subramaniam of Saheli and Shalini, a law student cum social activist from Chhattisgarh” said Colin.

Immediate Release–80 percent paraplegic Seema granted bail by Supreme Court


PEOPLE’S UNION FOR CIVIL LIBERTIES

RAJASTHAN

 

N Delhi, 1st May, 2012

The Supreme Court today granted interim bail to Seema an 80 percent paraplegic, victim of custodial sexual torture, from Jaipur in Rajasthan. Seemahad been made an accused by the Jaipur Police (District East) in a counter case to hers against the police. Justice CS Thakur and Justice Gyan Sudha Mishra who heard the matter in the Supreme Court said that Seema was a living corpse and she deserved dignity and not custody. quoting from the order the Judges said that

“Board   of Doctors constituted under the orders of the High Court, a copy whereof has been placed on record.  A perusal of the said report shows that the petitioner is a complete paraplegic. Her left leg has been        amputated above the knee. She has also lost voluntary control of bowel and bladder and is completely dependent for all her activities of daily living. She has permanent disability of more than 80%.         Mr.   Gonsalves   submits    that    keeping   in   view   the medical condition of the petitioner and the fact that she has been in custody for past 63 days, this court could consider granting interim bail to her.Dr. Singhvi, does not seriously oppose that prayer and submits that pending. Final disposal of the petition and filing of objections by the respondent, the court could grant interim bail to the petitioner.   In the circumstances, therefore, we direct that the petitioner shall be released from custody on her furnishing bail bonds in a sum of Rs. 10,000/- with one surety in the like amount to the satisfaction of the trial court This order is only an interim arrangement and shall remain subject to the final outcome of the SLP.  

Seema was represented by senior counsel Colin Gonsalves and the State of Rajasthan was represented by Additional Advocate General Manish Singhvi.

It may be recalled that Seema was sexually abused in police custody on the 23rd of January, 2011 when the police violating all procedures had got her to the police station, in the name of interrogation in a missing case of one of her friends, Hina. Completely shattered by the sexual abuse she threw herself in front of a train next morning on the 24th January,2011 and survived the suicide attempt becoming a paraplegic for life. Following the outrage that followed the policemen were arrested. When Hina, Seema’s friend returned on 4th May 2011, after having spent time in Jadonpur, Mathura and having worked in Agra as a marketing manager in a company, she became a tool in the hands of the police who got her to make statements againstSeema. Seema and her two witnesses of sexual torture were arrested in due course. Seema got arrested on the 29th of February, 2012.

Despite the law on bail which clearly gives powers to police and magesterial courts to grant bail u/s 437 (1) (2) to released on bail “if such person is under the age of sixteen years or is a woman or is sick or infirm: “ However, in the case of Seema neither did the Investigating officer of the case, who could have released her on bail, nor the magisterial court nor the District court granted her bail. Although she was a fit case of bail at all levels as she can neither escape, nor influence witnesses nor tamper evidence, which are the three dimensions that need to be examined when bail is granted.

Kavita Srivastava                                                          Prem Krishan Sharma

( General Secretary)                                                     ( President)

Address for Correspondence: 76, Shanti Niketan Colony, Kisan Marg, Jaipur -302015

Phone No: 0141/ 2594131, pucl.rajasthan@gmail.com