#India – The rugged road to justice,when offenders are govt officials


V. VASANTHI DEVI, The Hindu , March 28,2013

UGLY TRUTH: A custodial death is perhaps one of the worst crimes in a<br />
civilised society governed by the rules of law. Photo: V. Sreenivasa Murthy” src=”<a href=http://www.thehindu.com/multimedia/dynamic/01409/28JAIL2_1409413f.jpg&#8221; />

UGLY TRUTH: A custodial death is perhaps one of the worst crimes in a civilised society governed by the rules of law. Photo: V. Sreenivasa Murthy
The circumstances surrounding the custodial death of a Dalit woman in Tamil Nadu in 2002 serve as a reminder of the difficulties in securing justice when the offenders are government functionaries

This is a case of justice being awarded after a decade. Last month, the Ramanathapuram Sessions Court sentenced eight policemen to rigorous imprisonment, for up to 10 years, for the 2002 custodial killing of Karuppi, a poor Dalit woman, at the Paramakudi police station in Tamil Nadu. It is a landmark judgment, and significant, as she was from the Arundhatiar caste, reckoned to be the lowest among Dalits.

The victim, Karuppi, 48, a domestic servant, had been accused of the theft of a gold chain from the house of her employer. She was interrogated at the police station and tortured for six days. Her body was found hanging from a transmission tower behind the police station in the early hours of December 1, 2002. The police registered it as a case of suicide and disclaimed its occurrence in the police station.

The Tamil Nadu State Commission for Women (TNSCW), of which I was the chairperson at the time, was petitioned by People’s Watch, a human rights organisation, for intervention alleging custodial death and intimidation of witnesses. I spoke to the Collector of Ramanathapuram district to arrange to meet Karuppi’s family. I inspected the police station and was certain that Karuppi could not have slipped out of the station that night and hanged herself. Later, I met her family who were alleged to be facing intimidation.

All of them narrated the same “official” story — having been caught thieving, Karuppi had killed herself out of shame and guilt, the policemen had no hand in her death and so on. My solemn assurances that they could confide in me were to no avail. They must have sounded feeble, weighed against the proximate threat to life and limb they faced from their habitual tormentors. I lost all hope of finding the truth and was ready to leave.

Turning point

Then the turning point. The last member to depose was Christu Das, the husband of Karuppi’s sister-in-law. Another inquiry that should have ended in a few minutes in utter frustration suddenly went on for two hours. The veil of secrecy that had shrouded the doctored depositions so far suddenly lifted and the pieces of a sordid story fell into place.

Christu Das fell at my feet. I was stunned to hear him say: “Amma, please save me and my children. We are in great danger. I have to tell you the truth, otherwise my ‘heart will not burn on my funeral pyre’.”

Once assured of my support, he felt comfortable enough to narrate the details.

On the night of November 26, 2002, Christu Das, his wife, Arumugam, and daughter were taken to the Paramakudi police station without the police furnishing any reason. They saw Karuppi chained in a room and were told that she had been arrested for the theft of jewels.

Christu Das was made to undress with only his underwear on, handcuffed and had his legs shackled to a table. From the next morning the police subjected him to constant physical assault and abuse. He learnt that he and his wife, and later the daughter and son-in-law of Karuppi were there to force Karuppi to confess.

For three days he was witness to her brutal torture by four policemen. She was beaten with lathis and her knuckles pierced with sharp needles. Her pleas that she was innocent cut no ice. Whenever Christu Das interceded, he too was beaten. After three days, the Christu Das family was let off.

On December 1, Christu Das and his wife learnt from a fish monger that the body of a woman had been found behind the police station and was in the hospital morgue.

At the hospital, their fears came true. It was Karuppi. Christu Das added that up till the time of my inquiry, the family members were being threatened by the police not to spill the beans.

Reports

I returned to Chennai, determined to expose the horrific case of a custodial death.

I got copies of the post-mortem report, First Information Report and inquest report from the Collector, Ramanathapuram. He said that five policemen, including an inspector had been suspended and an inquiry conducted by the sub-collector.

I sent the first and third reports to the head of the forensic department of a government hospital in Chennai.

His reply: “Patient died of Asphyxia due to acute ante mortem (AM) hanging with multiple contusions….. the age of the contusion is 1 to 3 days. Probably the wounds were caused by persons standing on the left (mostly in the lower limb) and in the right (mostly in the upper limb).

Opinion:

The victim was subjected to blunt force for a period of 1 to 3 days before her death. The contusion on the right forehead is a last injury caused by blunt force prior to her hanging.”

Armed with this, I wrote to the Home Secretary, with a copy addressed to the Chief Secretary, seeking a fair inquiry by the Crime Branch Crime Investigation Department (CB-CID) or the Central Bureau of Investigation (CBI). This letter and its reminders were met by silence.

In my time, the TNSCW was not a statutory body and did not have the powers to summon witnesses and get them to depose under oath. I contacted the Chairperson of the National Commission for Women, Poornima Advani and a joint public hearing was conducted by the National and Tamil Nadu State Commissions in Madurai on October 28, 2003.

There were a number of witnesses, including the family members of Karuppi, the sub-collector, Paramakudi, and the policemen in charge during the occurrence. We found, inter alia, that: Karuppi had been detained and tortured for six days; the post-mortem report showed extensive ante-mortem injuries on her body, making the police version of suicide unbelievable. We recommended compensation of Rs.2 lakh to the family of Karuppi and Rs.1 lakh each to Arumugam and Christu Das for the torture they had been subjected to. Our report was sent to the Tamil Nadu government. There was no action till March 2005, when my term as chairperson of the Commission ended.

In 2006, Sudha Ramalingam, advocate, Madras High Court, and legal counsel of the Commission in my time, filed a criminal original petition in the Madras High Court, on behalf of Mr. Henri Tiphagne, People’s Watch, to transfer investigation of the case from the file of the inspector, Paramakudi police station, to the CBI.

Two years later, in September, Justice K.N. Basha ordered the CB-CID to investigate the case expeditiously. “It is crystal clear that the victim was subjected to inhuman torture, humiliation and physical violence by the police officials. In view of such overwhelming materials available on record, this court is of the considered view that … a thorough investigation by independent agency is very much essential, more particularly in view of the accused involved in this case are the police officials.”

Fundamental rights

The trial of Karuppi’s case finally ended in the sessions court on February 14, 2013. Judge W. Sathasivam awarded 10 years rigorous imprisonment to five of the eight accused police men. Two other policemen were awarded seven and three years imprisonment respectively. A fine of Rs.1 lakh was imposed on Sahul Hamid, the then inspector. It was observed that “The accused, in a bid to cover up the “lock up death” removed (Karuppi’s) body from the women’s cell and hung it in a VHF tower behind the station to give an impression that she had committed suicide…”

I end with a quote in the judgment of Hon’ble Mr. Justice K.N. Basha citing the Supreme Court in D.K. Basu vs. State Of West Bengal: “Custodial death is perhaps one of the worst crimes in a civilised society governed by the rules of law…If the functionaries of the Government become law breakers, it is bound to breed contempt for [the] law and would encourage lawlessness, …thereby leading to anarchism. Does a citizen lose his fundamental right to life, the moment a policeman arrests him? …These questions touch the spinal cord of human rights jurisprudence.”

(V. Vasanthi Devi is a former chairperson, Tamil Nadu State Commission for Women, and former Vice-Chancellor, Manonmaniam Sundaranar University, Tamil Nadu.)

 

#India- Torture to death by police & faulty post mortem examination procedure


18 March 2013

 

To

The Chairman

National Human Rights Commission

Faridkot House

Copernicus Marg

New Delhi-110001

 

Respected Sir,

I want to draw your kind attention regarding a gruesome killing of a person in front of his wife and other passengers by Government Railway Police personal. The deceased was on his way to a pilgrimage place and taking rest at Berhampore railway station. The erring GRP personal was in inebriated condition and came down heavily on the victim without any reasons. Later he was pushed to railway track by the said GRP personal and not provided with any urgent care either by other personnel presents at the adjoining Government Railway Police Station of the said railway station. He profusely bled at the railway track seething with pain, later admitted to hospital by his wife and other passengers.

 

As reported, the only fault of the couple was while inquired about the name of the woman by the said GRP personal, she used her paternal surname instead of her husband’s; the ‘moral police’ found it so offensive that he bashed him savagely and then pushed him to the railway track and whole personnel at GRP Station waited for his death by not extending minimum help to the victim.

Though, it has not come into fore but I have serious doubt that the woman was sexually assaulted by the said personal and while her husband tried to resist, he was meted with severe physical aggression.

 

I am providing you a photograph of the victim’s body, lying at the floor of the Bahrampur Morgue after post mortem examination was done over the body. Beside of the body, a hammer and chisel were lying. It is evident by the photograph that those two instruments were used to perform the examination and specifically to open the skull by the DOM.  The incident again proving our opinion that in all over the region post mortem examinations are routinely performed by illiterate doms instead of doctors. You can imagine the fate of an investigation when this major component of criminal jurisprudence is utterly neglected.

 

The procedure of autopsy maintained by the Home Department of government of West Bengal not only unscientific but also inhuman and derogatory for dead.

 

I am appending details of the incident for your reference and demand for:-

 

  • The incident must be investigated by an impartial agency; not by the Government Railway Police, as the current status is, the wife of the victim and other passengers who were present during the incident must be incorporated with the investigation
  • The involvement of all the personnel present at the said GRP Station at the time of incident must be investigated
  • As the deceased’s movement  was technically under custody/ control of the GRP personal; the NHRC guidelines on custodial death must be followed in this case
  • The widow and other witnesses must be provided with proper safety and security
  • The widow must be financially compensated from the coffers of the errant personnel
  • The age-old wrongs on part of post mortem examination must be stopped to ascertain actual cause of death, which is prerequisite for criminal investigations in such cases

 

Sincerely Yours

 

 

 

(Kirity Roy)

Secretary- MASUM

National Convener- PACTI

 

 

Name of the victim: - Mr. Dilip Ghosh(deceased), Son of- Mr. Khagendranath Ghosh, aged about-47 years, By faith- Hindu, By profession- Quack, residing at- Khairamari (Nakpara), Police Station- Bongaon, District-North 24 Parganas, West Bengal, India.

 

Name of the perpetrators: – Mr. Paritosh Sarkar, On-duty Constable of Government Railway Police, Berhampore Court Railway Station, Police Station- Berhampore, Murshidabad. 2) Officer-in-Charge of Berhampore Court Railway Station GRPS. 3) On-Duty Station Master of Berhampore Court Railway Station.

 

Date and time of the incident: - On 12.03.2013 at about 1-30 am.

 

Place of the occurrence: - In front of Government Waiting Room at Berhampore Court Railway Station, Murshidabad

 

Case details: -

It is revealed during our fact finding that Mr. Dilip Ghosh and Ms. Ruma Biswas were married for last 15 years, though his family had objections on his marital status and the couple was forced to live at Kakdweep and not staying with the family. On 11.03.2013 at evening, the childless couple started for Tarapeeth (a pilgrimage) to sought blessings from the deity to fulfill the wanting of child.

 

On 12.03.2013 at midnight, the victim and his wife Mrs. Ruma Biswas reached at the Berhampore court railway station after making a long journey by a train. After reaching at Berhampore; they decided to commence their journey towards Tarapeeth at early morning by a bus and they decided for taking rest at the Government waiting room of the Berhampore Court railway station.

 

At about 1 am on that night, the Government Railway Police personal; Mr. Paritosh Sarkar suddenly came to that waiting room in an inebriated condition and at that time he was in uniform and started to drag both of them (the victim and his wife) towards the railway track. The perpetrator GRP personal asked the victim’s wife about the actual relation between them. The victim’s wife tried to satisfy the GRP personal by saying that they are married and as spouses to each other. But the said GRP personal was not satisfied. After that the GRP personal asked the victim’s wife about her name and she answered by using her paternal surname instead of her husband’s. The said GRP personal suddenly started to verbally abuse the couple after hearing the different surnames of the couple. The victim tried to protest. The victim was brutally thrashed by the said GRP personal and was dragged towards Government Railway Police Station of Berhampore Court station. Meanwhile, the said GRP personal suddenly pushed the victim on the railway track from the platform number 1 of the station. The witnesses told that the wife of the victim requested the said GRP personal to leave his husband. But the GRP personal refused to leave the victim and not rescued him either. The victim was laid down on the railway track for a long time. No railway staff came. After that the wife of the victim took him to Murshidabad Medical College with the help of other passengers present at the railway station by one cycle rickshaw. The On-Duty-Doctor of the said medical college declared the victim as brought dead at around 2 am. The wife of the victim lodged a written complaint which was treated as First Information Report (F.I.R) and a case has been initiated vide Berhampore Government Railway Police Station case no-04/13 dated 12.03.2013 under section 302 of Indian Penal Code at 5.45 am by the the offending police station. The post-mortem examination over the body was conducted vide post-mortem serial no. 221 at Berhampore Morgue. Mr. S. S Bhattacharya; Sub Inspector of the Berhampore GRPS has been appointed as Investigating Officer.

 

On the same day, the GRP personal was produced before the Additional Chief Judicial Magistrate Court, Berhampore and the court ordered for three days’ police custody (GRP). It is reported that Mr. Asis Roy; the then on duty officer of Berhampore GRPS has been suspended and closed at Dumdum for temporary effect.

 

On 14.03.2013, Mr. Khagendranath Ghosh; the father of the victim, lodged a written complaint on behalf of the victim to the Superintendent of Police, Barasat informing the death of the victim.

Inline images 1

 


    Body is lying at floor of Baharampur  Morgue and tools used by DOM to open the skull
 Inline images 2
 


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity

 

#India- Dalit woman languishing in penury for 7 months ,officials are sleeping ,- Pl don’t disturb #Vaw


 

10 January 2013

 

To

The Hon’ble Chairman

NHRC

Faridkot House

Copernicus Marg

New Delhi – 1

Ref. Our earlier complaint dated on 23rd July and 31st July 2012

Respected Sir

 

I want to draw your attention on the impecunious living of few aged women at the Char area of Raninagar Block- II. Though, on 16th of August, the Block Development Officer of Raninagar Block-II, called Ms. Agni Oraon; wife of Late Ludhu Oraon; aged about 72 Years, Ms. Kamala Bewa; wife of Late Panjatan Sekh; aged about 75 years and Ms. Minoti Mondal; wife of Late Jiten Mondal; aged about 76 years, all residents of village- Char Sahebnagar, Post- Borderpara, Block- Raningar- II of Domkal Sub Division to his office, where he made assurance that all of them will be distributed with constructed house in 3 decimals of land and they will be enlisted in BPL listing and as beneficiaries under Annapurna Yojna and provided with food grains. We understood that BDO Raninagar ll acted upon your Memo No. 1198/EN/JM dated 21 August 2012. But till date no positive measures have been taken for the same.

 

In this connection we made it clear in our previous communiqué that there are score of other such persons living in penury at the said area; who lost their livelihood in perennial river erosion.

 

In this connection we referred names of Ms. Malati Oraon, belong to Schedule Tribe community, aged about 43 years, w/o Mr. Sentu Oraon, estranged by her husband and forced to live in destitution while not getting any prescribed state deliverances. She is living with her daughter Smt Bisakha Oraon, aged about 11 years and mentally deranged brother Sri Biresh Sardar s/o Kantamoni Sardar aged about 62yrs. She lives at Village- Char Sahebnagar, P.O. Border Para, Police Station – Raninagar, Dist: Murshidabad, Pin Code – 742308 and Ms. Sarathi Mondal belong to Schedule Caste community, aged about 43 years, wife of Late Haripada Mondal and living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad. We have made appeals for extensions of benefits of these persons under governmental deliverances before your good office on 23rdJuly and 31st July 2012, respectively.

 

Ms. Malati Oraon erstwhile living at Nirmal Char of Char Borderpara locality under Malibari Gram Panchayet became homeless with nearly 1000 of her neighbors after the devastating erosion caused by the river Padma and they had to shift from the said place without any of their belongings. They started living at Char Sahebnagar after erecting nearly 100 small thatched huts on a road and living there for nearly 12 years. The road, on which they have built their huts, is not a main thoroughfare of the village rather a less used road by the villagers for transporting their agricultural inputs. The land detail of the said road is Mouja: Bansh Gara, J.L No. 87, Daag – 1761/1630. Ms. Malati Oraon was in a precarious condition because her husband Sri Sentu Oraon had left her with their minor girl child namely Bisakha Oraon of 11yrs to fend. The destitution increased as she has to maintain her mentally retarded elderly brother.  Malati is in brink of starvation with her two dependent because the apathetic attitude from panchayet as well as block level civil governance and absence of mandatory provisions for destitute.

 

Ms. Malati Oraon and her neighbors of the village Char Sahebnagar were tortured inhumanly almost regularly by a group under the lead of two persons namely Jhalu Mondal and Ravi Mondal of the same village. According to Malati this group was acting under the bad influence and instruction of Head of Gram Panchayet of Malibari – 1 and Head of Gram Panchayet of Kalitala – 1. Jhalu Mondal and others were creating trouble to Malati & her neighbors with an ulterior motive to vacate them from their dwellings and use the place for their benefits.  The schedule tribe families of this area are in a very pathetic condition due to negligent attitude of duty bearers.

 

On 05.04.12 around 4pm at afternoon when 62 yrs old Biresh Sardar, a mentally retarded person was returning home with his cow then on his way back Jhalu Mondal and Ravi Mondal with some other people attacked him with bamboo stick and rod and started beating him. Malati came to save her brother from the battering and she was also brutally beaten by these miscreants. Malati and her bother were severely injured and they were profusely bled they did not have even on their sense. When the neighbours found them in the poor condition they rescued them and brought them to Godhapara Primary Health Centre for medical treatment. The treatment was done in the hospital and on 06.04.12 Malati Oraon lodged a complaint to the Officer- In- Charge of Raninagar Police Station, Murshidabad stating all the facts of 05.04.12 and prayed for proper investigation of this heinous act of Jhalu Mondal and others.

 

But it is very unfortunate that the Police force did not take the complaint seriously and not duly registered her complaint. On 01.05.12 on and around 12pm at Noon when Malati and her family were not present in their hut, in that opportune moment the perpetrator Jhalu Mondal and others entered to her hut and they stole medical prescriptions and reports and some of their belongings from her hut. This incident was also reported in writing by the victim Malati Oraon to the Officer- In- Charge of Raninagar Police Station, Murshidabad on 02.05.11. But the police did not take any action against the perpetrators Jhalu Mondal and others.  Then on 11.06.12 Malati Oraon found no other way made a complaint stating all the facts of the incidents on 05.04.12 and 01.05.12 to the District Magistrate of Murshidabad.

 

The Raninagar Police Station has not registered a First Information Report (FIR), though the two complaints have enough material for the same. The offences meted were cognizable in nature. So, this was a clear violation of section 154 of Criminal Procedure Code. The police not even treated the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities in chapter 2, section 3(1) (v) of the Act as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. The police personnel defied the Act by violating section 4 as said in the Act as ‘Whoever being a public servant but not being a member of a Scheduled Caste or a Scheduled Tribe, willfully neglects his duties required to performed by him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.

 

In other hand, Ms. Sarathi Mondal lost her husband and now living with her minor son; Gobindo Mondal aged about 15 years. The mother – son duo forced to live in government vest land by erecting thatched hut after loosing their dwellings and all other belongings in incessant erosion and flood caused by river Padma in the year 1998. Ms. Sarathi Mondal aged about 43 years, wife of Late Haripada Mondal is living at village- Char Sahebnagar, Post Office- Border Para, Police Station- Raninagar, and District- Murshidabad from the year 1999.  Now, her dwelling is in verge of collapse and she is not in a condition to repair it. The worried mother; Sarathi is also not in a position to fend her minor son. The influential political persons of the locality are trying to dislodge her from the place with ulterior reasons, which compounded her agony. Sarathi under tremendous pressures from this section failed to lodge a formal complaint to local police but she made an application before the office of the District Magistrate stating her impoverished situation and requested for adequate arrangement of her adobe under the scheme of Indira Awas Yojna and relevant Patta (ownership/ title) of the land in which she is residing with her son. Before making a complaint to the District Magistrate on 24.6.2012, she made several requests to the concern Panchayet functionaries but not received any response from them.

 

It is an utter failure of deliverances on the parts of State machineries and irony lies on the fact that Ms. Sarathi does not posses ration card or any other governmental documents stating her socio- economic identity. Her name has not been listed in bellow poverty category which further deprived her from receiving benefits of listed schemes meant for poor and disadvantaged.

 

Ms. Sarathi categorically demanded for patta (title) of the land in which she is residing now, In this connection she also made a request in given format to Block Land and Land Reform Officer; Raninagar ll Block under Domkal sub division of Murshidabad district stating the schedule of the land as under Basgora Mouza, JL No. 87, Dag No. 1734. The area of the said land is 5 decimal. But till date no measure has been taken by that office.

 

I also want to draw your attention that apart from these referred persons a large number of aged and impoverished populace are living at the said Char area, who are being continuously deprived off the governmental deliverances meant for this section of people. In this regard I made specific complaints to you for few of them, who are being left of from the benefits. Please extend the benefits to the persons for whom I made request and conduct a census for identification of such persons of the area.

 

In this connection I demand for:-

 

  • The victims; Ms. Malati Oraon and Ms. Sarathi Mondal must be provided with prescribed assistance or benefits in accordance to the state deliverances; Antodaya and Annapurna Yojna, she and her family must be enlisted under BPL category and 100 days employment must be guaranteed to them under MGNREGA.
  • The complaint made by Ms. Malati Oraon should be registered as First Information Report (FIR) and an apt inquiry should be initiated
  • The livelihood of the victims is at stake and the police and block administration did not even treat the incident according to the spirit lies in ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’ and not booked the errant according to its purview. Though, the offence was identical to the listed offence of atrocities as ‘Wrongfully dispossesses a member of a Scheduled Caste or a Scheduled Tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water’. So the errant should be booked under the prescribed penal provisions of ‘The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act’
  • Malati Oraon with her brother should be financially compensated for their loss borne due to physical torture and ransacking of their house
  • The victims should provided with a proper shelter and safety and security of the victim should be guaranteed with due protection measures
  • The irresponsible and delinquent police personnel, block administration and Panchayet officials should be charged for non compliance of legal provisions
  • The Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act should be complied by the law enforcing agencies in verbatim.

 

Thanking You

 

 

 

 

(Kirity Roy)

Secretary – MASUM

 

IMMEDIATE RELEASE-SC directs compulsory registration of FIRs in all missing children cases


Press Release

 

17 Jan., 2013, New Delhi:  In a major breakthrough, the Supreme Court of India has passed landmark directions for registration of First Information Reports (FIRs) in every complaint of missing children in the country.

In a writ petition filed by Bachpan Bachao Andolan (BBA), a Supreme Court bench headed by a Chief Justice of India, Justice Altamas Kabir, and of Justice Vikramjit Sen and Justice Jasti Chelameswar, has expressed serious dissatisfaction over the lukewarm response from all state governments from across the country on the issue of missing children. The Court has summoned the Chief Secretaries of Gujarat, Tamil Nadu, Orissa, Himachal Pradesh, Goa and Arunachal Pradesh, to appear in person on 5th Feb. 2013, as these states have even failed to appear before the court and had not filed any status reports.

Accepting the arguments of Mr. H.S. Phoolka (Senior Adv.) and Mr. Jagjit Chhabra (Advocate on Record) appearing for the petitioner that every day hundreds of children are going missing without a trace and law enforcement agencies are not serious in their efforts to stop this crime and immediate steps for the recovery of these children must be taken, the Court directed immediate registration of FIRs. The Court has also accepted recommendations of the National Human Rights Commission to set up Special Juvenile Police Units at every police station across the country with a dedicated Child Welfare Officer/Special Juvenile Police Officer, to swiftly act in cases of all children in need of care and protection as well as in conflict with law.

According to BBA, almost 100,000 children go missing, with over 30,000 remaining untraced each year in the country (as per National Crime Records Bureau data). However, less than 10,000 cases are ever registered. Mr. R. S. Chaurasia, Chairperson BBA said, “Govt. Accepts that 7 children go missing every hour. In the absence of a clear definition of ‘missing child’ coupled up with apathy, lackadaisical approach and no respect for children especially those belonging to the poorer sections of society, these directions of the Supreme Court will be a shot in the arm for our efforts against organised crime of trafficking involving these missing children.

“Many times the complaints from parents, especially those of adolescent girls, result in insensitive and lewd remarks from the police that the girl may have eloped with her lover, leaving the parents in lurch for tracing their children all by themselves”, he added.

 

Warm Regards

 

Shri. R.S Chaurasia

Chairperson,

Bachpan Bachao Andolan

 

 

#Kerala Now, a Facebook ‘like’ leads to sedition charges #ITact #WTFnews


Jan 16, 2013, 04.13AM IST TNN[ Mahir Haneef ]

It is alleged that Ali clicked ‘like’ on a Facebook page titled ‘I Love Pakistan‘.
KOCHI: Clicking on the ‘like’ button on Facebook has landed K H Muhammed Ali, a native of Eloor and Dubai municipality employee, in deep trouble. He has been charged with sedition and insulting national honour.The only crime that Ali remembers doing is clicking ‘like’ on the Facebook profiles of friends, including a few Pakistanis, he earned in Dubai.Now, the Kochi police have booked him for sedition, sending offensive message (66A of Information Technology Act, 2000), and for insulting the national flag (section 2 of Prevention of Insults to National Honor Act, 1971).In the FIR filed in September 2012, it is alleged that Ali clicked ‘like’ on a Facebook page titled ‘I Love Pakistan’ and that a picture showing a dog clothed in the national flag was seen in his Facebook profile page.

On Tuesday, Ali filed a petition at the Kerala high court, through advocate K K Ashkar, challenging the FIR registered by the Eloor police.

Ali has contended in the petition that his Facebook account doesn’t bear the message ‘I Love Pakistan’, doesn’t have any pictures showing disrespect to the national flag, nor has sent any offensive message or pictures showing disrespect to the national flag.

He further pointed out that registering of FIR in cyber cases without a pre-investigation inquiry by an investigative agency with expertise in information technology is against the rules stipulated in the cyber crime investigation manual, the only such manual in India that was released by the Union home secretary.

After police registered the FIR alleging sedition, he and his family have been facing social stigma, Ali’s petition said. His family has been isolated by the local community and relatives and they are being treated like traitors. His wife and younger child have been traumatized by the ordeal, the petition stated.

Kochi city police commissioner arrived at a hypothetical inference that amounts to character assassination, the petitioner alleged.

The petitioner has cited the commissioner’s remark, which is extracted in the FIR, stating “as petitioner was working in UAE and his remark in the Facebook ‘I Love Pakistan’ and his close relation with Pakistanis in UAE may indulge in antisocial activities”. Such a casual statement prejudicially affects the liberty of the petitioner and has caused mental trauma, social ostracism, and persecution, it is alleged.

THE PETITION IS BELOW

THIS IS CLASSIC EXAMPLE OF ABUSE OF IT ACT BY POLICE & MUSLIM PREJUDICE & STATE LED INJUSTICE
BEFORE THE HON’BLE HIGH COURT OF KERALA AT ERNAKULAM

W.P.(C) No. 1436 of 2013

Petitioner:
K.H. Muhammed Ali, aged 42 years,
S/o. Hameed,
Residing at Kanappilly House, Eloor North,
Udyogamandal – 6883501,
Now working at Dubai Municipality, Post Box No. 36701,
Dubai, United Arab Emirates.

Vs.
Respondent/ Respondent:
1. State of Kerala,
Represented by the Chief Secretary,
Government of Kerala,
Thiruvananthapuram-695001.

2. The Secretary, Dept. of Home Affairs,
Government of Kerala,
Thiruvananthapuram – 69500.

3. Sub Inspector of Police,
Eloor Police Station, Udyogamandal. P.O,
Pin- 683501.

4. Circle Inspector of Police,
Ernakulam Town, North Circle,
Cochin-682018

5. The District Police Chief,
Kochi City,

6. Sub Inspector of Police,
Cyber Crime Investigation Cell, Ernakulam

WRIT PETITION FILED UNDER ARTICCLE 226 OF THE CONSTITUTION OF INDIA

The Petitioner most respectfully submits as follows:

1. The petitioner herein is a Non Resident Indian citizen who has been working as welder at Dubai Municipality in United Arab Emirates since 21.01.2009. He has been in U.A.E since 27.07.2005 for earning daily bread for him and his family lives herein Eloor in Ernakulam district of Kerala. He is the sole bread winner of his family consisting of wife, aged and cardiac ailment suffered mother and two children aged 10 and 7 years. Petitioner is a believer of Communist ideology and was a member of CPI (M) and its youth wing DYFI and a sympathizer of Left Democratic Front. He was actively engaged in cultural and social activities and library movement in his home town Eloor prior to his emigration to UAE for employment. He was an office-bearer of the public library situated in Eloor. His family has the tradition of left sympathizers and patriotic secular social outlook. He had concern for ecology and environment, especially being a resident of Eloor, which was declared to be India’s 24th Critically Polluted industrial cluster by Ministry of Environment and Forest.
2. Petitioner’s family was residing in a rented house till 26.08.2012 on which date petitioner completed construction of his house in the property he inherited, at Eloor North. He found finance for the construction of his house having plinth area of 1250 Sq. feet by advancing home loan to the tone of Rs.10 lacs from State bank of Travancore,Udyogamandal and Rs.7 lacs from Dubai Islamic Bank. In the early week of July 2012, one police officer visited petitioner’s rented house in Eloor and enquired about petitioner’s job, salary, whereabouts and estimate cost of construction of his house and its source. It was told by the police that it is part of usual enquiry about the Non Resident Keralites who are employed abroad. But after that, policemen from Special Branch and Crime Branch used to visit petitioner’s house intermittently enquiring about the whereabouts of petitioner and his expected arrival in home. Petitioner’s mother who was a chronic patient suffering from cardiac ailments, had distress following the intermittent visit of policemen enquiring about the son who toils in the desert for livelihood. His wife and younger child has developed mental trauma. Thereafter one policeman from Special Branch contacted petitioner over phone from a cell no. 9497936163 and enquired about his job, construction of house and its source of finance and passport details. Petitioner insisted the policeman for the reason why he and his family has been repeatedly quizzed by the police and what wrong he has committed for persecuting him and his family and go through fear psychosis. Then he was told that Dy S.P of Police, Crime Branch CID, Ernakulam has received a complaint from Standing Council of Trade Unions, Ernakulam against Mr. Purushan Eloor and his organisation Periyar Malineekarana Virudha Samithi alleging link with anti national forces and some pictures showing disrespect to national flag and a message ‘I Love Pakistan’ were produced alleging to be taken from facebook account of the petitioner, describing to be the close friend of Purushan Eloor to buttress their allegation against him.
3. Petitioner has neither facebook account bearing message that “I Love Pakistan” and pictures showing disrespect to national flag of India nor sent any offensive message or pictures showing disrespect to national flag of India and national honor to anyone using internet or any communication devices. On 20.09.2012, the Sub Inspector of Police, Eloor (3rd respondent herein) registered Crime No. 923/2012 by lodging First Information Report against petitioner upon a complaint made by Kochi City District Police Chief (5th respondent herein) dated 10.09.2012 which is extracted in the 4th page of FIR. Certified copy of the First Information Report in Crime No.923/12 registered against the petitioner is produced herewith and marked for reference as Exhibit-P1. By Ext.P1, the offences registered against the petitioner are under section 124A IPC, section 66A, Information Technology Act and section 2 of Prevention of Insult to National Honour (PINH) Act.
4. It is a trite proposition that a person, who is named in FIR as an accused, suffers social stigma. If an innocent person is falsely implicated, he not only suffers from loss of reputation but also mental tension and his personal liberty is seriously impaired. After lodging Ext.P1 FIR, the petitioner’s family has been isolated by the local community and relatives, as so grievous offences are alleged against the petitioner like sedition and insult to national honour. Petitioner and his family have been treated like traitors and betrayers of nation by local public as petitioner has been named as accused in Ext.P3 with allegation of sedition. His wife and younger child has developed mental trauma. Information Technology Act, 2000 deals with crimes using computer and internet and computer related crimes, but it doesn’t prescribe the method and mode of cyber crime investigation which is still in nascent stage in India and widely abused by police by inadequate experience and knowledge in information technology and internet. There are divergent precedents regarding conducting preliminary enquiry before registering FIR by an investigation officer. But in cyber crimes, offences are committed on virtual cyber space, it not easy to identify the author only by the name reflected in the web as of real world crimes. Hence the manual of cyber crime investigations prepared by International Telecommunication Union and the only Cyber Crime Investigation Manual in India released by Home Secretary, Government of India being prepared by Data Security Council of India and NASSCOM, discuss about the necessity of a pre-investigation inquiry by an investigative agency having expertise in information technology, lest liberty and reputation of netizens and citizens would be under peril being foisted in false accusations.
5. The allegation against the petitioner in the complaint is based on mere surmises and conjectures and made in vague, casual and cavalier manner with grave accusations that may peril the liberty of the petitioner. Honorable Supreme Court admonished the investigative agencies in dealing with charges of sedition that graver the offence, greater should be the care taken so that the liberty of a citizen is not lightly interfered with. It is alleged in the complaint of the 5th respondent extracted in FIR that petitioner had remarked in his Facebook that one of his favorite messages is that “I Love Pakistan which has been seen from somebody’s facebook. As per the statement, 5th respondent has not seen such remark in petitioner’s facebook, but it was seen from somebody’s facebook. Who is the said somebody who has seen such remark in petitioner’s facebook is not mentioned. The 5th respondent went to the extent to arrive at a hypothetical inference that amount to character assassination of the petitioner that “as petitioner was working in UAE and his remark in the facebook “I Love Pakistan’ and his close relation with the Pakistanis in UAE may indulge in anti-social activities”. Without verifying whether such remarks appear in the facebook account of the petitioner and the facebook account alleged to have been seen from somebody’s facebook is really belonged to petitioner, by conducting a scientific and reliable preliminary inquiry by Cyber Crime Investigation Cell or any agency having expertise in investigation of crimes regarding information technology, and without inquiring and finding whether petitioner has close relationship with Pakistanis in UAE, how can a police officer who is none other than the chief of Kochi City Police, make such a comment in a casual and cavalier manner resulting in character assassination of petitioner and that too may prejudicially affect the liberty of the petitioner.
6. The honorable apex court upheld that it is the mandate of Art.21 which requires a police officer to protect a citizen from baseless allegations. The scheme of the Criminal Procedure Code is that after the police officer records an FIR under section 154 Cr.PC, he has to proceed to investigate under section 156 Cr.P.C and while investigating, the police officer has power to arrest under section 41. As two of the offences lodged against the petitioner are non bailable offences and of grievous character such as sedition and insult to national flag, the personal liberty of the petitioner would be at casualty. The 3rd respondent arbitrarily lodged FIR against the petitioner mechanically on the direction from his superior officer to register a case and without applying mind whether the allegations in the complaint of 5th respondent even if it taken its face value make out offences leveled against the petitioner. In this state, there is a specially trained police wing having expertise in information technology, namely Cyber Crime Enquiry Cell to investigate into cyber crimes. The action of the 5th respondent is highly arbitrary to direct the 3rd respondent to register case against the petitioner involving offence under Information Technology without referring it to the Cyber Crime Enquiry Cell.
7. It is learnt that 5th respondent made the said complaint directing the 3rd respondent to register case against the petitioner relying on the facebook pages showing remark “I Love Pakistan” and pictures showing disrespect to national flag produced by Standing Council of Trade Unions, Ernakulam alleging to be taken from petitioner’s facebook account and treating the same as gospel of truth. Petitioner has no facebook account bearing such message and pictures showing disrespect to national flag and in the facebook account that petitioner holds, trade union standing council or its members are not in the friends’ list to access his facebook account, hence the act is punishable under section 43 (a) & (b) read with section 66 of Information technology Act. Section 156 of the Code empowers the 3rd respondent to investigate cognizable case and section 41 empowers to arrest any person who has been concerned in any cognizable offence or agisnst whom reasonable complaint has been made. All three offences leveled against the petitioner are cognizable offences and two of them are non bailable offences. As the actions of the police including 3rd and 5th respondents showing mechanical proceeding with the case, it is likely to be proceeded with investigation of Ext.P3 and on that instance petitioner would be deprived of his liberty.
8. On 18.11.2012, The Hindu reported about a delegation led by Prakash Karat, General Secretary of the CPI(M) delegation to meet President Shri Pranab Mukherjee regarding targeting and persecution of scores of Muslim youth in terrorism related cases. The delegation made memorandum expressing their strong exception and anger thus”
“Grave miscarriage of justice to scores of Muslim youth who were and are being wrongly arrested and charged in cases related to terror attacks in different parts of the country. In some cases, these young men have been incarcerated for ten to fourteen years as undertrials and then finally acquitted by the courts as being innocent. Several reliable groups of concerned citizens and organizations who have collected the details of these cases, have revealed how the court judgements themselves have strongly indicted the investigation agencies for the biased mentality against the Muslim youth and in several cases the manipulation and presentation of concocted evidence against innocent young men. It would appear that the investigation agencies are more driven by the requirement to show “results” in their investigation rather than to ensure that it is the actual culprits who are caught.
Muslim youth are the most vulnerable targets today. The draconian provisions of the Unlawful Activities (Prevention) Act are used to deny the normal processes of justice, while there is no time bound procedure for the judicial processes. There is a growing feeling of fear and apprehension on the one hand and anger on the other that innocents are being implicated. Young lives have been destroyed, families stricken, forced into social isolation, driven into debt to pay the huge expenditures in legal fees —the terrible conditions caused by State led injustice.
As an illustration, the cases of the four young men Md. Aamir from Delhi, Syed Maqbool from Srinagar, Wasif Haider and Mumtaz Ahmed from Uttar Pradesh are presented before you. They were arrested arbitrarily when they were just eighteen or nineteen years of age, implicated in dozens of cases, incarcerated for over ten years and each one of them was, as held by the courts, innocent. They are today without jobs, considered unemployable, with dark and uncertain futures.
While no quarter can be given to any individual or group which is responsible for dastardly terror attacks, the arrest of innocent Muslim youth has reached serious dimensions which require immediate attention. It is a blot on the principles of secular democracy. At the same time, the arrest of innocent people means that the actual culprits go free.—the terrible conditions caused by State led injustice.
9. The 5th respondent made fanciful allegation merely based on hypothetical deductive thinking that may snatch away the liberty and reputation of an innocent citizen like petitioner. Petitioner has no facebook account having remark that “I Love Pakistan” is his favorite messages and pictures showing disrespect to National flag. Petitioner has reasonable apprehension that he has been tagged to be a scapegoat only because his name reflects a religious identity against which investigative agency has prejudice. It is learnt that 5th respondent made such complaint upon pictures produced by the Standing Council of Trade Unions Ernakulam in order to wreck vengeance with environmental activists and to indict them with accusation of link with anti national forces. If the police officer would register FIR without application of mind on any such seditious pictures alleged to be taken from the facebook account of someone, without verifying the authenticity and author of such online postings by a duly enquiry and procedure applying information technology by a specially trained police like Cyber Crime Enquiry Cell or any other agency having expertise in information technology, liberty and freedom of citizen would be at jeopardy and our republic made on Socialist, Secular and democratic pillars would slip into one made on the peels of banana.
10. As well discussed by honorable apex court in Lalita Kumari & others v. Govt. of U.P & others, 2012 (4) SCC 1 and in series of many other judgments, recording of FIR is not an empty formality upon receiving a complaint. In the petitioner’s case, Ext.P1 FIR has been lodged against him alleging offences of sedition, insult to national honour and sending offensive message under Information Technology Act. The allegation of all offences was based on his alleged postings in his facebook account claimed to be seen by somebody. For proving the accusation that it has to be verified whether the original counterpart of the printout produced before the police by somebody really exist in facebook, the online social networking website. And if it really exists in facebook, it has to be ascertained from which e-mail account that facebook profile was logged in and that the IP address of the computer by which such impugned postings and pictures were made in the facebook profile and that whether petitioner is the custodian or owner of the computer having that IP address and e-mail ID. For these enquiry and findings it requires an investigative agency like Cyber Crime Investigation cell having trained expertise in Information Technology and it requires much correspondence with Facebook, the e-mail service provider with which facebook was used to log in, the internet service provider, foreign government, if the computer system situates in another country. In normal practice it requires 6 to 10 months to complete this preliminary enquiry. But the respondents avoid the said pre-investigation enquiry applying information technology before registering Ext.P1 against petitioner. After registering FIR, the crime was forwarded to Circle Inspector, Ernakulam Town North Circle (4th respondent herein) for investigation. It is learnt that 4th respondent sought pictures in the facebook account of the petitioner from Cyber Crime Enquiry Cell, Ernakulam (6th respondent herein) on 22.09.2012. After that scientific cyber crime enquiry, if it’s found that impugned postings and pictures are not created by petitioner in his facebook profile, how the mental trauma, social ostracism and persecution suffered by petitioner and his family by being named as accused in a FIR of grave crime like sedition, would be made good by the police and the state? If petitioner is arrested and detained in the meanwhile during the said cyber crime enquiry is pending, how its consequential loss of his reputation, liberty and livelihood will be compensated by the state and police? Whether the police would be satisfied in throwing petitioner and his family to street of disrepute and penury?
11. Anyone can create any number of facebook profile by any name, even though terms and conditions of facebook user agreement restricts creating account for anyone other than the user and creating of more than one personal account. There exist more than 50 facebook profiles in the name of the opposition leader Sri.V.S. Achuthanandan and more than 10 facebook profiles exist in the name of the Chief Minister Sri. Oommen Chandy. It is not sure whether all accounts or any of the accounts were created by them. If one make a complaint that one of the facebook profile bearing the name of Chief Minister or Opposition Leader contains some seditious post or photos and produces a printout of the same before the police, whether the police officer would mechanically register FIR against Chief Minister or Opposition Leader alleging offence of sedition. If such FIR is lodged what would be its results, newspapers and Televisions screens across the country will flash with scrolling news of them being named as accused. If the investigation officer is having a prudent mind he would not register FIR on such complaint as it would have unforeseen ramification to the liberty and reputation of the person alleged with the offence as the allegations are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. The police were discriminatory in their action against petitioner in lodging Ext.P1 denying the petitioner equality before law violating Art.14 of the Constitution of India.
12. The 3rd respondent lodged FIR against the petitioner alleging offences punishable under sections 124A of Indian Penal Code, 66A of Information Technology Act and 2 of Prevention of Insult to National Honour Act. The contents of the FIR is thus:
“dÉÄß §LcX ØßxßØY ¦ÏßøßæA ¿ßÏÞæa çËØíÌáAßW §LcX çÆÖàÏ ÉÄÞµæÏ ¥ÉÎÞÈßAáK ÄøJßW ¥ÕçÙ{ȺßdÄ¢ dÉÆVÖßMߺîᢠ“I Love Pakistan” ®KÄÞÃí Äæa §×í¿æMG ØçwÖæÎKᢠµÞÃߺîí çËØíÌáAßW çø¶æM¿áJßÏᢠÎxᢠæºÏñí dÉÄß çÆÖÕßøái ÕßµÞø¢ dɵ¿ßMߺîᢠ¥Äí ÎxáUÕVAí dÉçºÞÆÈ¢ ÈÜíµÃæÎKâU ©çgÖçJ޿ᢠµøáÄçÜ޿ᢠµâ¿à dÉÕVJßºî µÞøc¢.”
13. It can be seen that the 3rd respondent lodged FIR without seeing and verifying the facebook account of the petitioner and the pictures showing disrespect to national flag alleged to be created by petitioner in his facebook account, but mechanically upon the direction of the 5th respondent. The allegations in the complaint of 5th respondent upon which Ext.P1 FIR has been lodged are vague and cryptic on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner. The pictures and remarks alleged to be made in the facebook account of the petitioner are referred to in the complaint to indict the petitioner of the offences alleged in Ext.P1 were stated to seen from the face book account of somebody. It is not stated who is the said somebody who has seen impugned objectionable pictures in petitioner’s facebook account and brought the attention of the police to the alleged offence. The whole allegation in the complaint is based on an indirect hearsay. The act of the 3rd and 5th respondent is highly arbitrary to proceed against the petitioner on mere hearsay and that too alleging grave offence which attracts social isolation, chance of loss of liberty and ill-repute to the petitioner as a consequence to be named as accused in a FIR of such offences.
14. Petitioner refutes the entire allegation of the complaint and FIR as he has no facebook account bearing remarks that “I love Pakistan” is his favorite message and pictures showing disrespect to national flag. Despite it, even if the allegations are taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out a case against the petitioner. One of the offences alleged in the FIR is section 66A of Information Technology Act, 2000. The basic ingredient of section 66 A of the Act is sending of an information that is grossly offensive or has menacing character or that is false, but for the purpose of causing annoyance, hatred etc. or sending of any electronic mail or message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages. There is no allegation in the FIR or its relying complaint that petitioner has sent impugned remarks or pictures to anyone by means of computer resource or communication device. The only accusation is that petitioner remarked in his facebook account that his favourite message is “I Love Pakistan” and two photographs showing disrespect to National flag were created in his facebook. There is no act of sending of alleged offensive remark or pictures by the petitioner to anyone. As per Ext.P3 FIR, somebody has seen the impugned remarks and pictures in petitioner’s facebook and there is no case that the said anonymous viewer was invited by the petitioner or he accessed the facebook account of the petitioner with his permission otherwise such unauthorised access is punishable under section 66 read with 43 (a) & (b) of the Information Technology Act, 2000. If the allegations in the FIR taken on its face value, as the petitioner has not send the offensive remark and picture to anyone, it will not attract the ingredients of section 66A of Information Technology Act, hence it is liable to be quashed.
15. Another offence alleged against the petitioner in Ext.P3 is section 124A of Indian Penal Code. Honourable Supreme Court defined the meaning, scope and object of sedition under section 124A in Nazir Khan And Others v. State of Delhi, 2003 (8) SCC 461. “Sedition in itself is a comprehensive term, and it embraces all those practices, whether by word, deed, or writing, which are calculated to disturb the tranquillity of the State, and lead ignorant persons to endeavour to subvert the Government and laws of the country. The objects of sedition generally are to induce discontent and insurrection, and stir up opposition to the Government, and bring the administration of justice into contempt; and the very tendency of sedition is to incite the people to insurrection and rebellion. “Sedition has been described as disloyalty in action, and the law considers as sedition all those practices which have for their object to excite discontent or dissatisfaction, to create public disturbance, or to lead to civil war; to bring into hatred or contempt the Sovereign or the Government, the laws or constitutions of the realm, and generally all endeavours to promote public disorder. The decisive ingredient for establishing the offence of Sedition under S.124A, IPC is the doing of certain acts which would bring the Government established by law in India into hatred or contempt etc. In this case, there is not even a suggestion that appellant did anything as against the Government of India or any other Government of the State. The allegations made against the appellant contain no averment that appellant did anything as against the Government, hence it is liable to be quashed.
16. Another offence leveled against the petitioner in Ext.P3 is section 2 of Prevention of Insult to National Honour (PINH) Act, 1971. Section 2 states that “Whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows disrespect to or brings into contempt whether by words, either spoken or written, or by acts) the Indian National Flag or the Constitution of India or any part thereof, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both. The allegations in the FIR are so vague and cryptic to attract the ingredients of the said offence. Petitioner’s account in the domain of facebook is not a public space. The complaint of the 5th respondent upon which Ext.P3 FIR has been lodged states only that the other pictures crerated in the facebook are also showing disrespect to the National Flag of India. Petitioner’s account in the domain of facebook is not a public space. It states nothing about the picture and how it shows disrespect to national flag. By the allegations made in the FIR are patently absurd and by that no prudent person can ever reach a conclusion that there is sufficient ground for proceeding against the petitioner under section 2 of PINH Act.
17. It is learnt that lodging of Ext.P1 FIR arose from the complaint made by Standing Council of Trade Unions, Ernakulam before DySP, CB CID, Ernakulam, to wreck their vengeance with environmental activist like Mr.Purushan Eloor and other members of Periyar Malineekarana Virudha Samithi. The Trade Union leaders produced the printout of facebook pages containing impugned remarks that I Love Pakistan is a favourite message and pictures showing disrespect to national flag to buttress their allegation against Purushan Eloor and others alleging link with anti national forces. On 23.07.2012 Mr.Purushan Eloor was quizzed by the DySP, CB CID, Ernakulam on the said complaint and sought his explanation on the produced facebook pages alleging disrespect to national flag. As he has not found such pictures and remarks showing disrespect to national flag and honour in his facebook account or of the petitioner, he made an application under RTI act for copies of the facebook pages produced by them for making complaint before Cyber Crime Enquiry Cell, but which was denied stating that RTI Act does not apply to Crime Branch CID. Then Purushan Eloor made a complaint before the DySP, CB CID, Ernakulam on 01.08.2012 seeking investigation against the Trade Union leaders for fabrication of false evidence after verifying the authenticity of impugned facebook pages produced by them. Two ministers of state government, namely Minister for Public Works and minister for Fisheries, Ports and Excise decorate the patrons’ post of Standing Council of Trade Unions, Ernakulam in violation to the mandate of section 22(3) of the Trade Union Act. Thus the trade union standing council has good access and influence in the state government. Ext.P1 was hastily lodged by the police malafidely to shun away the investigation sought against the Trade Union Standing Council, despite no FIR has been lodged on the complaint made by Purushan much earlier on 01.08.2012. Ext.P1 is liable to be quashed as the proceedings seem to have been initiated with mala fides/malice for wrecking vengeance or to cause harm to environmental activist like Purushan Eloor and others and for which petitioner has been made a scapegoat.
18. Petitioner’s mother is aged and sick having cardiac ailment. After the spreading out of news about the lodging of Ext.P1 against the petitioner, neighbors and relatives used to avoid social contact with petitioner’s family. This social ostracism and absence of petitioner who toils abroad for winning daily bread at deserts in Gulf and his unavailability of petitioner in her immediate presence, broke her. She wants to see the petitioner. Petitioner’s wife and children are also panic and longing for seeing him. Petitioner would get only short leave and he want to see his old mother, wife and children to pacify them, but he apprehends that his liberty would be periled being arrested by police who are arbitrarily proceeding with the false complaint initiated on the vengeance of a group of trade union leaders and on that instance he would lose his employment and means to repay the loan of Rs.17 lacs and subsistence for family and they may be finally dragged to street.
19. Petitioner is ready to face any investigation, but it should be free and fair. Petitioner crave before this honourable court until it has been found by the Cyber Crime Enquiry Cell that petitioner’s facebook account contains objectionable remarks and pictures showing disrespect to national flag or national or honour or of any seditious character, his personal liberty should not be curtailed. If it is found by the cyber crime inquiry cell that petitioner has made offensive and seditious remarks or pictures, petitioner bind himself before the investigative officer or the court to uphold the majesty of law. Petitioner apprehends that by the influence of Standing Council of Trade Union who has easy access and influence in government, he might have been made a scapegoat by the police for the feud of Trade Union Leaders against petitioner. If it is found in the inquiry that petitioner has not made such seditious remark and pictures in his facebook account, it will boomerang to the Trade Union Leaders indicting them of fabricating false evidence. In this circumstance there will be great pressure on investigating agency and cyber crime enquiry cell to get tailor made report by the Trade Union Leaders, the hasty lodging Ext.P1 reflects nothing different of petitioner’s apprehension. Hence the investigation and cyber crime enquiry should be under the guidance of this honorable court .
By the arbitrary and capricious action of the police, the reputation, life and personal liberty of the petitioner is under serious threat, petitioner having left with no other alternate efficacious remedy is compelled to approach this Honourable Court under Article 226 of the Constitution of India, on following among other
GROUNDS:
A) The 3rd respondent malafidely without application of mind lodged Ext.P1 FIR on the direction of 5th respondent without satisfying whether allegations made in the complaint even if taken on its face value, makes out any offence alleged.
B) Ext.P1 was lodged on a vague and cryptic complaint which has the character of only hearsay. It is liable to be quashed.
C) The allegations in the complaint are so absurd and inherently improbable that no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the petitioner.
D) In enquiry of cyber crimes, a pre-investigation enquiry of the authenticity and author of computer by which cyber crime has been committed is indispensable to proceed with the investigation. But police were malafidely haste to register Ext.P1 without verifying the authenticity and author of the impugned facebook pages. The action of the police was arbitrary and discriminatory and Ext.P1 liable to be quashed.
E) Even if the allegations in the FIR is taken its face value, it does not make out the offences under sections 66A, IT Act, 124A IPC, 2 PINH Act. Hence it is liable to be quashed.
F) Ext.P1 originally arose from the complaint of Trade Union Standing Council against one Mr. Pursuhan Eloor and the environmental organization he is associated with alleging link with anti national forces. For buttressing the said allegation they have produced the facebook pages which also contained the seditious remark and pictures alleged to be taken from petitioner’s face book account alleging that Purushan Eloor is petitioner’s close friend. It was with intention to wreck vengeance with environmental activist like Purushan Eloor. Purushan Eloor made a complaint against Trade union leaders seeking inquiry about the authenticity and authorship of the facebook pages which contain seditious pictures by referring to Cyber Cell and prosecute them alleging that it has been fabricated by the Trade Union leadership. Patron posts of the Standing Council of Trade Union is decorated by two ministers of state government in violation to the mandate of section 22 (3) of Trade Union Act. Trade Union standing council has easy access and influence in the state government. If it is found in the cyber crime inquiry that petitioner has not made such seditious remark and pictures in his facebook account, it will boomerang to the Trade Union Leaders indicting them of fabricating false evidence. In this circumstance there will be great pressure on investigating agency and cyber crime enquiry cell to get tailor made report by the Trade Union Leaders, the hasty lodging Ext.P1 reflects nothing different of petitioner’s apprehension. Hence the investigation and cyber crime enquiry should be under the guidance of this honorable court.
G) The mandate of Art.21 which requires a police officer to protect a citizen from baseless allegations. The respondent police officer arbitrarily and hastily proceeded with the allegation without verifying whether it is reliable or baseless. The life and liberty guaranteed under Art.21 is under peril by discriminatory treatment of Police by violating Art.14 of the Constitution of India.
For these and other grounds that may be urged at the time of hearing, it is most humbly prayed that this Hon’ble Court may be pleased to:
i) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P1 First Information Report lodged by the 3rd respondent upon the direction of the 5th respondent ;
ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent investigation officer not to arrest the petitioner until the receipt of report from Cyber Crime Enquiry Cell that confirms the allegations in the complaint;
iii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent investigation officer and 6th respondent to conduct investigation and cyber crime inquiry under the guidance of this Honourable High Court;
iv) Call for the information from the 5th respondent to make complaint against the petitioner and the supporting documents to make serious seditious allegation against the petitioner
Dated this the day of January, 2013.

Petitioner
Counsel for the Petitioners

INTERIM RELIEF

For the reasons stated in the accompanying affidavit and in the Memorandum of Writ Petition, it is most humbly prayed that this Hon’ble Court may be pleased to stay the further proceedings of Ext.P1 First Information Report, pending disposal of this writ petition.

Dated this the day of January, 2013.

COUNSEL FOR THE PETITIONERS

 

#Punjabgangrape-police draws flak for revealing survivor’s name #Vaw #Justice


 #India-Towards a Decisive Victory in the Historic Battle for Women’s Rights

Agencies

Posted On Monday, January 14, 2013

Punjab Police drew criticism from all quarters, including the victim’s kin, after it revealed the name of the 30-year old woman who was abducted and gang raped on Friday night.

The police released the victim’s name in a press note on Sunday. According to reports, the press note was issued after the First Information Report (FIR) was lodged by police on the basis of complaints.
According to lawyer Rahul Verma, naming a rape victim is a punishable offence under Section 228 (a) of the Indian Penal Code.
“The provision is clear; it says nobody can publish the victim’s name in such cases.
Recently, the Supreme Court, in connection with the Delhi gangrape, said no name has to be disclosed, because there is a social stigma that exists in our society,“ he said.
Meanwhile, the incident has spurred an outpouring of anger from women in the state.
“There is a sense of insecurity all the time, we feel threatened. There has been outrage over the Delhi gang rape and another similar incident has occurred here. It shows that women are not safe anywhere,” said Daljeet Kaur, a resident of Pathankot.
Police have arrested six people so far, including the bus driver and conductor.
The woman was travelling by bus to her village when the driver and his assistant drove her to a deserted location and raped her.
Five more people reportedly joined them later and assaulted the woman in a house. They then dropped her off near her village the next morning. The victim went home before going to a police station to file a complaint.

 

#India- 15- year- old set on fire after failed rape attempt, is critical #Vaw #Wtfnews


CHILDRAPE

By IANS – LUCKNOW

07th January 2013

A 16-year-old in Uttar Pradesh‘s Allahabad town is battling for life with 70 percent burns after she was set on fire allegedly by her neighbour who attempted to rape her. When she fought off his attempts, he returned with his parents and doused her with kerosene, police said Monday.

The incident took place Saturday in Shankargarh locality in Allahabad, about 230 km from here, Saturday. Police swung into action late Sunday after women’s groups protested inaction.

Mohit Agarwal, senior superintendent of police in Allahabad, said teams were looking for the alleged attacker, 20-year-old Gyan Patel, and his parents.

The girl, who is battling death with more than 70 percent burns, has been admitted to a city medical facility, an official said.

Police have lodged a first information report (FIR) and are conducting raids to arrest the assailant and his parents, who allegedly connived in the crime. An official said the girl has three sisters and is a Class 10 student at a local inter college. Her father is a vegetable vendor.

Giving details of the crime, an official said the teenager was alone at home when Patel barged into the hutment and tried to force himself on her. The girl fought him back bravely and managed to foil the rape bid.

Patel then fled the scene, only to return with his father Santosh Patel and mother Geeta. They then doused the unsuspecting girl in kerosene and set her on fire, police said.

Her sisters, who had gone to bring water from a nearby well, saw smoke coming out from their house and rushed back to see their younger sister was burning. They managed to douse the flames but not before the girl was severely burnt.

Neighbours called in an ambulance, which rushed her to a hospital where her condition is stated to be serious. Senior police officials swung into action only after local social worker Manju Pathak intervened Sunday afternoon.

Superintendent of Police (Crime) Arun Pandey went to the hospital and recorded the statement of the girl who narrated the horrifying act of the neighbour.

She also said Patel warned her against going to the police, saying he would contest the case by selling off his agriculture land and tractor whereas she would lose the case.

 

#Pakistangangrape – 9-year-old kidnapped and gang-raped #Vaw


 06 January, 2013, 08:17, http://rt.com/news
An archive photo of  a Pakistani girl. (Reuters / Fayaz Aziz)

An archive photo of a Pakistani girl. (Reuters / Fayaz Aziz)

A nine-year-old Pakistani girl has been taken to the hospital in critical condition after being kidnapped and brutally gang-raped. The girl’s mother has named the abusers, but no arrests were made.

The girl was admitted to a hospital in Bahawalpur after being raped on Wednesday. She remains in critical condition due to loss of blood and internal injuries, the Express Tribune reported, quoting the hospital’s doctors.

Local police have launched a criminal case against seven men for the kidnap and rape; no arrests have been made yet.

The girl’s mother named five of the seven suspects. She reportedly told police that she hesitated to inform law enforcers because the kidnappers threatened to kill her and the girl if the woman spoke to authorities.

Station House Officer Irshad Joyia said they were ordered to arrest the suspects, but later were informed that the men had fled to Alipur village, the Express Tribune said.

According to a First Information Report (FIR) prepared by police, the girl was beaten and then kidnapped by three women and a man in front of her house in Manzoorabad in Rahim Yar Khanby. The kidnappers reportedly took her to another location where she was gang-raped by three men, one of whom was named in the FIR.

The girl was then allegedly taken back to the place from which she was kidnapped. The girl’s mother told police she found her bloodied daughter near their house. She then took the child to Sheikh Zayed Hospital for examination and treatment.

The rape came weeks after a similar shocking case when a six-year-old Hindu girl was allegedly raped in Pakistan’s southern Sindh province at the beginning of December. The child was also reportedly kidnapped and gang-raped. Residents of the province staged several protests in response to the incident.

These two recent cases in Pakistan coincide with a horrifying gang-rape in India that claimed the life of a 23-year-old student raped on a bus by six men, the youngest of whom reportedly was a minor. The six men have all been chargedwith murder, gang-rape, attempted murder, kidnapping and other felonies. They are expected to appear in court on Monday.

The case sparked mass protests in New Delhi. Demonstrators, particularly women, demanded the rapists be punished and called for the creation of new laws to protect Indian women.

The incident has drawn international attention to the high rates of violence against women in India, where rape victims often do not report to the police for fear of shaming their families or being ignored by law enforcement.

#India-CRPF jawan arrested for raping differently-abled woman in Assam #Vaw


IANS  Guwahati, January 4, 2013 |

 

Police in Assam’s Lakhimpur district have detained a CRPF trooper for allegedly raping a differently-abled woman, police said on Friday.

While the Central Reserve Police Force trooper Mohan Singh has been detained for the crime late Thursday, police is also on the lookout for three of his accomplices who managed to escape, an official said.

The incident took place at Chauldhowa village, about 40 km from Lakhimpur town.

“According to locals, about four CRPF personnel forcibly took the differently-abled woman, who was passing by the CRPF camp on NH 52 in the area to the nearby jungle,” an official said.

Some locals raised an alarm. While they managed to catch Mohan Singh, the others fled.

“We have sent the victim for medical examinations,” an official said, adding that there was no arrest as no one had filed a first information report (FIR) on behalf of the victim.

On Thursday, police had also arrested a senior Congress leader in Chirang district of Assam’s Bodoland Territorial Areas Districts (BTAD) for allegedly attempting to rape a woman.

 

Maharashtra: 40-year-old man rapes minor after offering Rs 20 #WTFnews #Vaw


MAHARASHTRA, Posted on Dec 31, 2012 at 07:32pm IST

Akola: A 12-year-old girl was allegedly raped by a middle-aged man at Khamgaon town in Buldhana district, police said on Monday. The accused Shaikh Hasan Shaikh Hussain (40), a resident of Hari File area, waylaid the Class V student on her way to attend nature’s call on Sunday, they said.

Hussain allegedly took the girl to an isolated spot and sexually assaulted her after offering her a Rs 20 note, police said, adding he dumped her at Jiya Colony after committing the crime. Following a complaint lodged by the girl’s family, police registered an FIR under section 376 (2)(f) (committing rape on a woman when she is under 12 years of age) of the Indian Penal Code (IPC) against Hussain and arrested him.

In another incident, an unidentified person molested a five-year-old girl at Lohgad village after luring her with chocolate on December 25. A complaint in this regard was lodged by the victim’s mother on December 29, police said.

In a similar incident, a nine-year-old girl was molested in Ural village by an unidentified person, police said, adding the search is on to trace the accused