#India – Marriage officer humiliates HC woman lawyer #Vaw #WTFnews #Womenrights


, TNN | Jun 15, 2013,

7
Marriage officer humiliates HC senior lawyer for late marriage
How can you think of getting married at this age? The officer told a shocked Nirmala, who charging him with objectionable and unwarranted conduct.
JABALPUR: What has age to do with marriage? Plenty, if one happens to be a woman in Madhya Pradesh. Only, senior lawyer in MP high court, Nirmala Raikwar, learnt it the hard way.

When, along with her friend and fiance Ramesh Raikwar (younger in age incidentally), she appeared before additional collector and marriage officer, Jabalpur, Sheelendra Singh, with her application for a court marriage, Singh publicly not only remonstrated her for choosing to tie the knot when she was already past her prime and also mocked Ramesh over his poor choice for a bride.

How can you think of getting married at this age? The officer told a shocked Nirmala, who charging him with objectionable and unwarranted conduct, has filed a complaint in the court of judicial magistrate first class even as MP High Court Bar Association has taken up her cause. Narrating the incident to TOI, Nirmala said that she had applied for a civil marriage on March 3 and notices were served thereafter on March 12. On May 24 she, along with Ramesh and her junior colleagues, arrived in the office of the marriage officer for fulfilling the formalities.

“Singh examined me closely and demanded to know my age. It was not a very polite question and I said the age is mentioned in the documents lying on the table, please check it out,” Nirmala said.

Bar association demands action, warns of agitation

Bar association has demanded action against Singh and warned that lawyers’ would launch an agitation if the issue was ignored by authorities.

Meanwhile, admitting that the additional collector had no business to behave in such a manner, Jabalpur divisional commissioner Deepak Khandekar said he was probing the matter and would take action if allegations were found true.

 

Far from Delhi- 4 year old Rape victim , battling for Life #Vaw


Four-year-old Seoni rape victim airlifted to Nagpur

, TNN | Apr 21, 2013,

JABALPUR: With her sexually brutalized four-year-old granddaughter Rani (name changed) battling death for 48 hours in ICU on Saturday afternoon, after having been raped on April 17 night by a 35-year-old in Ghansaur village ofSeoni district, 180 km from Jabalpur, Himma Baifervently asked God to grant her just one wish – send down a helicopter to fly the child off to Dilli.And even as her family, especially Rani’s mother Ramkumari did not share such optimism, Himma Bai’s wish came true.

Facing flak, the government airlifted the girl to Nagpur for better treatment.

As the issue threatened to snowball into a major embarrassment for the Shivraj Singh Chouhan government, putting a big question mark over his much hyped image of the savior of girl child, state government decided to alirlift Rani from Jabalpur to Nagpur, 280 km away, by late night.

Meanwhile, the police have arrested accomplice Rakesh Chaudhary while main accused 35-year-old welder from Jhabua Power Plant, Firoz Khan, is still at large. Teams have been sent to Bihar his home state and Delhi to trace Khan, Sanjay Jha, inspector general of police (IG) Jabalpur, told TOI.

Last 48 hours since they found a profusely bleeding Rani abandoned in the village crematorium clearly showed on Ramkumari when TOI contacted her in the private nursing home in Jabalpur. Watching the team of doctors flitting in and out of the room on Saturday afternoon Ramkumari looked totally lost. Apart from lacerations, tears and bruises, the child, according to attending gynecologist Dr Pragya Dheeravani, had suffered hypoxia of brain induced by suffocation. Already on life support system her condition was fast deteriorating.

While the state government has announced an ex-gratia relief of Rs 2 lakh, the cost of treatment is being borne by Jhabua Power Plant where the accused is working.

The main accused was known to her brother Shyam and frequented her house. So the woman had found nothing unusual to see Khan chatting up with Rani on Thursday evening. Panic struck when the child failed to turn up till late evening even as her younger brother “gone to buy biscuits with Khan” arrived home.

The family launched a hunt and finally found an unconscious Rani lying in the cremation ground. With the man of the house Ghassi Yadav, a construction worker in Pune, away, it was Shyam who rushed her to the village dai and was told the girl was raped and must be taken immediately to Jabalpur medical college. They could reach Jabalpur medical college after two hours of road journey and Rani was brought to the emergency. But soon they had to move to a private hospital.

The young mother continued to look morose and troubled as she reluctantly accompanied the sinking Rani along with the medical team to the airport to board the chopper. Reason? She has two more girls back home in Ghansaur who need to be guarded.

 

Independent Judiciary and Rule of Law;Demolished in Sri Lanka


EPW

Vol – XLVIII No. 09, March 02, 2013 | Rohini Hensman

Among the continuing acts that erode democratic institutions in Sri Lanka is the recent impeachment of the Chief Justice Shirani Bandaranayake. President Mahinda Rajapaksa and his brothers who head various arms of the Sri Lankan government run a repressive and autocratic regime that does not brook opposition. Despite this, the opposition parties Janatha Vimukthi Peramuna and the Tamil National Alliance along with civil society bodies like the Federation of University Teachers’ Associations and students have come together to fi ght back.

Rohini Hensman (rohinihensman@yahoo.co.uk) is a Researcher and Activist, and Author of Workers, Unions and Global Capitalism: Lessons from India.

The impeachment of the Chief Justice of Sri Lanka Shirani Bandaranayake in January constitutes yet another deadly blow against the badly-eroded edifice of democracy in that country, striking at the one remaining institution that held out hope of acting as a bulwark against a regime that has demolished every challenge that is posed to its absolute power.

Bandaranayake became a Supreme Court judge in 1996 when Chandrika Kumaratunga was president, and was appointed as chief justice – the first woman to hold this post in Sri Lanka – by President Mahinda Rajapaksa in May 2011. As it now becomes clear, she was expected to provide a rubber stamp of legality and constitutionality to every decision made by the regime (in effect, the Rajapaksa brothers), and at first she lived up to that expectation. In mid-2011, the Ministry of Higher Education made it compulsory for all university entrants to undergo “leadership training” courses in military camps under defence secretary Gotabaya Rajapaksa (one of the president’s brothers) before they could begin their degree courses (Hensman 2011).

There was vociferous opposition from students, university lecturers, school teachers and many others. For example, the Friday Forum, a group of eminent democracy activists, pointed out that the ministry had no legal authority to formulate or implement programmes or courses for university students; military training was founded on regimentation whereas university education was aimed at encouraging independent thinking and respect for disagreement; and the module on history and national heritage focused exclusively on the majority Sinhala Buddhist community, to the detriment of national reconciliation. There were several fundamental rights petitions challenging the legality of this programme, but all were dismissed by a Supreme Court bench that included Chief Justice Bandaranayake.

Excessive Centralisation

She was presumably expected to do the same after the Divi Neguma (Life-Upliftment) Bill was published in the government gazette in July 2012. The bill established the department of Divi Neguma Development, to carry out all development activities under the Ministry of Economic Development headed by another one of the president’s brothers, Basil Rajapaksa. However, this involved the centre taking over development activities, which had been devolved to the provincial councils by the 13th amendment.

This constitutional amendment, enacted shortly after J R Jayawardene had signed the Indo-Lanka Accord in July 1987, has been seen as embodying the minimum devolution of power to the provinces that would satisfy Tamils in the northern and eastern provinces. Indeed, the constitutional reforms drafted by Neelan Tiruchelvam in 1995 during the brief period when democracy was restored under President Kumaratunga, and those proposed in January 2007 by a majority of the multi-ethnic panel of experts to the All-Party Representative Committee, both advocated more devolution of power to the provinces, not less.

It is therefore not surprising that the Divi Neguma Bill was opposed by the Tamil National Alliance (TNA). As TNA leader R Sampanthan said,

Amongst the powers that would be vested by this piece of legislation in the center are a wide range of powers that have been devolved to the provinces related to development activities, which the provinces could easily handle and much better than being remote controlled by the central government. If these powers are handled by the provinces, greater importance would be given to the sensitivities of the people and the democratic wishes could be much better implemented and fulfilled… The notion of power being exercised by the people is completely lost when power is excessively centralised by taking powers from the provinces (Abeywickrema 2012).

Although the 13th amendment was enacted mainly in the interests of the provinces with a Tamil-speaking majority, it also allows for a modicum of local democracy even in the majority-Sinhala-speaking provinces as against a total concentration of power – and resources – in a monolithic centre. All this would be lost when the bill was passed.

Equally disturbing were clauses preventing officials from divulging information about the activities carried out under the bill.

According to clauses 39 and 40 in the Bill, employees are required to sign declarations of responsibility not to disclose information, unless required by a court of law. The Bill says any person who violates the provisions of the proposed Act is liable to be imprisoned or fined. Public funds amounting to Rs 80 billion will come under the purview of the Proposed Divineguma Department. However, according to political sources the secrecy clause would prevent any whistleblower from coming forward with regard to corruption that could likely take place when such a massive amount of money was involved. Western Provincial Council Janatha Vimukthi Peramuna (JVP) member Nalinda Jayatissa told Daily Mirror that these were clauses normally found in laws dealing with national security and generally connected to the intelligence services of a country (Bandara 2012).

When the government presented the bill before Parliament in August 2012, its constitutionality was challenged by four petitioners in three petitions in the Supreme Court. This time, a bench including the chief justice ruled that a matter set out in the provincial council list could not be taken over by the centre without the approval of all the provincial councils. Eight of the nine provincial councils were controlled by the ruling United People’s Freedom Alliance (UPFA) coalition, and gave their consent, but the Northern Provincial Council had not been established as an elected body. In lieu of the council, G A Chandrasiri – the former Jaffna Army commander who had been appointed as governor by the president – gave his assent to the bill, and the bill was returned to Parliament. But a new batch of petitions challenging the bill were presented in the Supreme Court, including one from the TNA challenging the right of the governor of the northern province to give his assent to the bill, and arguing that only the elected representatives of the people of the province had the right to do so.

An ‘Inquisition’

On 31 October 2012, the determination of a three-judge bench of the Supreme Court, including Shirani Bandaranayake, presented its judgment to Parliament: one clause of the bill was unconstitutional and needed to be passed by a referendum; 12 other clauses were inconsistent with the Constitution and needed to be passed by a two-thirds majority in Parliament; and the governor of the Northern Province did not have the power to endorse the bill.

The very next day (1 November 2012), 117 MPs of the ruling UPFA presented an impeachment motion against the chief justice to the speaker, Chamal Rajapaksa (yet another brother of the president). An 11-member Parliamentary Select Committee (PSC) with seven government MPs and four opposition MPs was appointed to deliberate the impeachment charges, but the opposition MPs soon walked out, saying that it was not an inquiry but an “inquisition”. On 8 December 2012, what was left of the PSC reported to Parliament that Bandaranayake was guilty of three of the charges of corruption and improper conduct, and could therefore be impeached and removed from office.

However, on 3 January 2013, the Supreme Court ruled that the PSC did not have the power to investigate allegations against the chief justice, and therefore the impeachment was unconstitutional. Bandaranayake herself appealed against the PSC ruling in the Court of Appeal, claiming that she had not been given a fair hearing, and on 7 January the court ruled that the findings of the PSC were legally void. M A Sumanthiran, appearing for the TNA MP R Sampanthan, and J C Weliamuna, appearing for the JVP MP Vijitha Herath, endorsed the court’s opinion that the PSC’s findings were void, emphasising that impeaching a justice on false charges was an interference with the independence of the judiciary (Weeraratne 2013).

Despite all this, on 8 January the amended Divi Neguma Bill was passed by Parliament with a two-thirds majority, following which Basil Rajapaksa declared that MPs who had voted against the motion to hand over the entire development budget to him were “traitors”. It is a telling indictment of the Rajapaksa brothers that they use the very same epithet that was used by Vellupillai Prabhakaran, leader of the Liberation Tigers of Tamil Eelam (LTTE), to demonise anyone who opposes them.

The impeachment motion was debated by Parliament on 10 and 11 January, and passed with 155 MPs voting in favour, 49 against, and 11 abstaining. Bandaranayake was removed from office on 13 January after President Rajapaksa signed the papers sacking her. Huge contingents of security personnel and thugs were employed to crush civil society protests against her removal, and to prevent her from speaking to the press, despite which she managed to release a statement that she was innocent, and was still the legitimate Chief Justice of Sri Lanka.

Loyalty Rewarded

Instead of appointing another Supreme Court judge to the post, that evening the Rajapaksas proposed the name of former Attorney General Mohan Peiris, and on the 15th of the month he was sworn in. His record on corruption and human rights issues might have been less than perfect, but his credentials for loyalty to the regime were impeccable.

Peiris served on the boards of Lanka Logistics [a military hardware procurement agency] and Rakna Arakshaka Lanka Limited [a private security firm staffed by ex-servicemen], both companies incorporated under the auspices of the Defence Ministry with the Defence Secretary at their helm. In an unprecedented move, the Attorney General’s Department was brought under the purview of the President during Peiris’ tenure as AG. Until his appointment as Chief Justice on Tuesday, Peiris served as the Cabinet Legal Advisor and regularly travelled to Geneva to defend the country’s deteriorating human rights record. In November 2011, he famously told the UN Committee Against Torture in Geneva that his Government had information that journalist Prageeth Eknaligoda who has been missing for three years this January, was alive and secretly living outside Sri Lanka…Seven months later, Peiris answered summons before the Homagama Magistrate, where a habeas corpus petition filed by Eknaligoda’s family in the Court of Appeal had been redirected for inquiry. There in open court, with Eknaligoda’s distraught wife in the room, Peiris rejected the statement he made in Geneva and claimed he could not remember the officer who informed him that the missing journalist was overseas. Adding insult to injury, the former state prosecutor told the court, that the government knew nothing about Prageeth’s whereabouts and ‘only God knows’ what had become of him (Bastians 2013).

In her statement after she had been removed, Bandaranayake said, “It is not only the office of Chief Justice, but also the very independence of the judiciary, that has been usurped. The very tenor of rule of law, natural justice and judicial abeyance has not only been ousted, but brutally mutilated.” The entire opposition and legal community of Sri Lanka concurred, with the United National Party (UNP) MP Mangala Samaraweera saying that Sri Lanka had officially become a dictatorship.

With the dust uneasily settling over a legal community thuggishly coerced into fuming silence, an unjustly ousted Chief Justice Shirani Bandaranayake may yet be proud…Despite overwhelming odds, she succeeded in uniting a deeply divided Bar, rallying judges to her side, provoking strongly worded editorials and unexpected protests from the normally quiescent business, investment and employment sectors, quite apart from religious leaders and concerned citizens… This dissent is not momentary. Its repercussions will continue to be felt (Pinto-Jayawardena 2013).

There was international condemnation too. The UN High Commissioner for Human Rights Navanethem Pillay called the impeachment “a gross interference in the independence of the judiciary and a calamitous setback for the rule of law in Sri Lanka” (Penn 2013). Sam Zarifi of the International Commission of Jurists said that

Sri Lanka’s Parliament and executive have effectively decapitated the country’s judiciary in pursuit of short-term political gain. As an immediate matter, this has precipitated a legal and constitutional crisis of unprecedented dimensions; but just as worrying are the consequences of this action, which severely erodes accountability and the rule of law in a country already suffering from decades of impunity (International Commission of Jurists 2013).

This is not the first time the judiciary has been under attack in Sri Lanka. In the early 1980s, against the backdrop of a new Constitution putting almost absolute power in the hands of an executive president, gross violations of human rights (especially of Tamils), and an assault on free and fair elections, the UNP regime of J R Jayawardene orchestrated lumpen displays of violence against members of the judiciary who refused to toe the regime’s line. Although Jayawardene did not go as far as Rajapaksa – for example, he did not remove the two-term limit on the presidency as Rajapaksa did in the 18th amendment (see Hensman 2010), nor did he decapitate the judiciary by impeaching the chief justice on trumped-up charges – it is worth learning some lessons from the responses to his assault on democracy.

With electoral and legal challenges to the regime looking more and more impossible and democratic space shrinking, Tamil militant groups, ultimately dominated by the LTTE, launched an insurgency in the north and east, and in 1987 the JVP launched a Sinhalese insurgency in the south. Both were as violent and authoritarian as the regime they opposed; moreover, the extreme Tamil nationalism of the former and extreme Sinhala nationalism of the latter pitted them against each other as well as against any democratic elements among the communities they claimed to represent.

Thus among the Tamils murdered by the former were feminist doctor and human rights activist Rajani Thiranagama and lawyer and politician Neelan Tiruchelvam; among the Sinhalese murdered by the latter were left-wing student leader Daya Pathirana and popular politician and presidential candidate Vijaya Kumaratunga. Both insurgencies were drowned in blood, with massive civilian casualties; the combined death toll was probably in excess of 2,00,000. The only successful challenge to the regime, after President Premadasa had taken over from Jayawardene, was from civil society democracy activists.

Solidarity against Fascism

This time, it is imperative for Sri Lankans to avoid the bloodshed and reinforcement of authoritarianism resulting from such insurgencies. Thus far, the JVP and the TNA (which formerly acted as a proxy for the LTTE) have played a commendable role in upholding democracy and the rule of law in post-war Sri Lanka, acting in a far more principled manner than the divided and discredited UNP. Equally important have been civil society initiatives challenging the government, in which the independent left has played a part. A particularly inspiring example of this is the activities of the Federation of University Teachers’ Associations (FUTA), an umbrella body of 43 university teachers’ trade unions.

Frustration about long-pending salary demands that had been ignored by the government as well as violations of academic freedom (as in the case of compulsory training by the military for university entrants) erupted in a full-blown FUTA strike in July 2012. As the strike continued for 100 days, undeterred by loss of pay and death threats to FUTA president Nirmal Dewasiri and other leaders, its demands encompassed opposition to the neo-liberal assault on state education as a whole and political interference in education by the regime. Students, other trade unions and members of the public were drawn in. As a FUTA member put it, “At the crux of it all are concerns of democracy, transparency, and the general disregard of the public good” (Kumar 2012).

Tamil academics were an integral part of the FUTA struggle. Subsequently, when the army burst into the halls of residence in Jaffna University after Tamil students lighted a lamp on 27 November, separating Sinhalese and Tamil students and subjecting the latter to abuse, and the police attacked a peaceful demonstration demanding democratic rights the next day, later assaulting and arresting several students, FUTA stood in full solidarity behind the students. Similarly, when the president of the University of Jaffna Teachers’ Association was summoned to appear before the Terrorist Investigation Division under the Ministry of Defence because of his role in attempting to protect his students, FUTA protested against this act of intimidation.

Only such joint struggles for democracy and social justice, solidarity across ethnic lines with anyone whose human rights are violated, and concerted efforts to alert the broader public to the dangers of the fascistic Sinhala nationalism spewed by the state-controlled media day after day as well as the Tamil nationalism peddled by the Eelamist diaspora, can succeed in liberating Sri Lanka from the vice-like grip of the Rajapaksa family. Given the circumstances, anyone engaged in such activities needs as much international support as possible.

References

Abeywickrema, Mandana Ismail (2012): “Divi Neguma Bill Deprives Provinces of the Powers Given to Them by the Constitution”, 20 October,http://dbsjeyaraj.com/dbsj/archives/11782

Bandara, Kelum (2012): “Divi Neguma Bill Gags Officials”, Daily Mirror, 26 September, http://www.dailymirror.lk/news/22213-divi-neguma- bill-gags-officials-.html

Bastians, Dharisha (2013): “Midweek Politics: The End Game”, Colombo Telegraph, 16 January, http://www.colombotelegraph.com/index.php/midweek-politics-the-end-game/

Hensman, Rohini (2010): “Sri Lanka Becomes a Dictatorship”, Economic & Political Weekly, Vol XLV, No 41, 9 October, pp 41-46.

– (2011): “Sri Lankan Universities Are No Place for the Army”, The Guardian, 14 June, http://www.guardian.co.uk/commentisfree/2011/jun/14/sri-lanka-army-unive…

International Commission of Jurists (2013): “ICJ Condemns Impeachment of Sri Lanka’s Chief Justice”, 11 January, http://www.icj.org/icj-condemns-impeachment-of-sri-lankas-chief-justice/

Kumar, Shamala (2012): “From Chalk-Boards to Picket Lines: The Journey of a Trade Union”, The Island, 2 September, http://www.island.lk/index.php?page_cat=article-details& page=article-details&code_title= 60633

Penn, Dianne (2013): “Impeachment of Chief Justice a ‘Calamitous Setback for the Rule of Law’ in Sri Lanka: UN Human Rights Chief”, 18 January,http://www.unmultimedia.org/radio/english/2013/01/impeachment-of-chief-j…

Pinto-Jayawardena, Kishali (2013): “The Disappearance of a System of Law”, Colombo Telegraph, 20 January, http://www.colombotelegraph.com/index.php/the-disappearance-of-a-system-…

Weeraratne, Chitra (2013): “Appeal Court Quashes PSC Findings on CJ”, Sunday Island, 7 January, http://www.island.lk/index.php?page_cat= article-details&page=article-details&code_title=69911

 

India -Noted activist Dr. Sunilam granted bail #goodnews


 

By Newzfirst Correspondent2/15/13

 

Jabalpur – The Madhya Pradesh High Court Friday suspended the life sentence of noted activist Dr. Sunilam Mishra and granted him bail in a 14 year old case of rioting. A sessions court in Multai on 19 October 2012 had sentenced Dr. Sunilam and two others to rigorous life .

 

The High Court, Jabalpur has suspended the life sentence awarded to Dr. Sunilam and two others in a 14 year old case of rioting.The HC has also granted bail to them, Aradhana Bhargava, defense counsel of Sunilam told Newzfirst.

 

The High Court also granted bail to Prahlad and Sheshrao, who were also convicted along with Dr. Sunilam in the same case.

All the three were sentenced to rigorous imprisonment on 19 October 2012 by a sessions court in Multai under the provisions of section 307 (attempt to murder) and 302 (murder) for seven years on each count.

Dr. Sunilam was charged under sections 148 (rioting with deadly weapons), 145 (unlawful assembly), 152 (assaulting and obstructing public servant when suppressing riot), 333 (causing grievous hurt to deter public servant from his duty), 307(attempt to murder), 302 (murder) and other serious sections of the IPC.

Dr. Sunilam was leading a farmers’ agitation against the district administration of Betul on 12 January, 1998. As the agitation turned violent, 24 farmers were killed in the police firing that was ordered to bring the situation under control.

The MP Government lodged 66 false cases against Dr. Sunilam, who was also a leader of the Kisan Sangharsh Samiti, and other farmers in one single incident of police firing in Multai.

In January 12, 1998, 24 innocent farmers were shot dead and 250 injured during police firing in Multai,  a town of Madhya Pradesh’s Betul district.

Dr. Sunilam, socialist politician and a two time MLA in Madhya Pradesh Assembly was also a part of Indian People’s Movement against WTO and the anti-corruption movement in the country.

 

2 years, 5 cities, 6 cases – and ‘proof’ everywhere is the same magazine #draconianlaws


Muzamil Jaleel : New Delhi, Wed Sep 26 2012,  Indian Express

On April 16, 2006, Khandwa in Madhya Pradesh was tense. There had been communal clashes a week ago during Eid-e-Milad. In the afternoon, policemen from the Kotwali police station arrested two women, 20-year-old Aasiya and 23-year-old Rafia, daughters of one Abdul Hafiz Qureshi. The police, in their seizure memo, claimed to have recovered “incriminating material” from Aasiya — three copies of an April 2004 issue of a Hindi magazine, Tehrik-e-Millat, and a SIMI donation receipt towards “office construction fund” (receipt no. 0033359, dated January 25, 2006) with the name “Kumari Aashiya Khan” in Hindi for an amount of Rs 500.

SIMI was banned in 2001. If an underground outfit issuing a donation receipt for a building on their old stationery seems unlikely, the story of the magazine is even more odd.

All the three copies of Tehrik-e-Millat allegedly recovered from Aasiya have her name written by hand in Hindi as “Aashiya” on the cover. The police also claimed to have seized two copies of Tehrik-e-Millat with “Rafia” written by hand in Hindi on the cover. Tehrik-e-Millat is a fortnightly published from Kota in Rajasthan. Though the Kotwali police station in Khandwa later booked the magazine’s owner-editor M A Naiem, the magazine has never been proscribed.

This is not all. In the space of two years, these same copies of the April 2004 issue of Tehrik-e-Millat — with the names of the Khandwa sisters written by hand on the cover — travelled to at least two other states. Several cases later, the police even started referring to the magazine as “Tehrik Millat Aasiya” and “Tehrik Rafia” in their official records. However, other than their names on the magazines, the two sisters were never mentioned in police records.

July 2006, Pune

After the July 11, 2006, bomb explosions on local trains in Mumbai, the magazine popped up in the chargesheet filed by the Anti-Terrorism Squad, Mumbai. Among the 13 people arrested was Sohail Mehmood Shaikh of Bhimpura, Lashkar, Camp Area Pune, who was held on July 25, 2006. The ATS claimed Sohail went to Pakistan via Iran in November 2002 for arms training with the Lashkar-e-Toiba. They also said a search of Sohail’s house in Bhimpura on July 30, 2006, had led to the recovery of six books including the “April 2004 Tahrik-e-Millat Asia” that had “Aashiya” written by hand on the cover. Police claimed to have recovered the same magazine, with the same handwritten “Aashiya”, during searches at the homes of the other 7/11 accused — Mohd Faisal Ataur Rehman Shaikh of Bandra, Muzzamil Ataur Rehman Shaikh of Mira Road, Jameer Latifur Rehman Shaikh of Vallabhbhai Patel Nagar and Dr Tanvir Ahmad Mohd Ibrahim Ansari of Agripada, all in Mumbai.

July 2006, Mumbai

In an affidavit filed before the UAPA (Unlawful Activities (Prevention) Act) Tribunal in 2010, Assistant Police Inspector, ATS, Mumbai, Rahimatullah Inayat Sayyed, spoke of Danish Riyaz Shaukat Ali Shaikh, an “active member of SIMI”, who was arrested on July 30, 2006. According to the affidavit, a raid on Shaikh’s home led to the recovery of several Islamic books in Urdu such as Jihad Fi Saabi Illah, Jihad Asghar and Jihadi Fishbilliah, besides ‘Tehrik Millat Aasiya’, the same magazine.

August 2006, Mumbai

According to an affidavit filed by Inspector, DCB, CID, Mumbai, Milind Bhikaji Khetle, a case was registered at Kandivali police station on August 13, 2006, against Mohd Najib Abdul Rashid Bakali and some of his “SIMI associates”. The affidavit said that on August 14, 2006, police seized four SIMI booklets from Bakali’s house. One of the alleged ‘SIMI’ booklets was a copy of the April 2004 issue of the Tehrik-e-Millat magazine with “Aashiya” written by hand in Hindi on its cover.

September 2006, Malegaon

On September 8, 2006, powerful blasts ripped through the Bada Kabaristan area of Malegaon after the Shab-e-Barat prayers, killing 37 people and injuring over 100. An FIR was registered at Azad Nagar Police Station, Malegaon, and Noor-ul-Huda Shamsudoha, a labourer, was arrested under the UAPA for being a SIMI member and for “popularising and publicising” SIMI. During a raid on Noor-ul-Huda’s home at Jafarnagar, police claimed to have seized “objectionable books’’ that included the copy of the April 2004 issue of the Tehrik-e-Millat magazine with “Aashiya” written by hand in Hindi on its cover.

On September 19, 2006, the investigation was transferred to ATS, Mumbai. Within days, Noor-ul-Huda became one of the main accused in the Malegaon blast case. Eight more people were later arrested as the ATS, Mumbai, claimed to have solved the case. Noor-ul-Huda and the other accused had already spent six years in jail in Mumbai by the time the case took a new turn following Swami Aseemanand’s confession in January last year. On November 16 last year, Noor-ul-Huda and the other eight were granted bail.

September 2008, Jabalpur, Madhya Pradesh

On September 19, 2008, the MP Police nabbed “SIMI activist” Mohd Ali, 29, of Jabalpur from the Misrod railway station. Police officer T I Chandan Singh Surama recorded in the FIR: “We searched his bag and found papers of SIMI which is an offence.” The Misrod police station claimed that the papers seized from Mohd Ali’s bag included “Tehrik Rafia” — that is how the police’s seizure memo refers to the Tehrik-e-Millat magazine because it had “Rafia” written by hand in Hindi on the cover, the same copy of the same magazine that the Kotwali police station had claimed to have seized on April 16, 2006, from Rafia in Khandwa.

Besides, the police claimed that a SIMI donation receipt towards office construction fund (Receipt No. 0033359) dated January 25, 2006, with the name Kumari Aashiya Khan in Hindi for an amount of Rs 500 was recovered from Mohd Ali. This donation receipt is also exactly the same as the one the Kotwali police had claimed to have recovered from Aasiya in Khandwa. It was on the basis of these two “incriminating” documents alone that Mohd Ali was booked under the UAPA.

Incidentally, in the initial Khandwa case in which Aasiya and Rafia were arrested, the police kept extending the list of accused, going on to arrest 12 youths, including their brother Inam-ur-Rehman. Later, Inam was also picked up after the Jaipur blasts of May 13, 2008, and taken to Rajasthan. All the 14 held in the case were initially accused of being SIMI members.

On December 9, 2011, a fast-track court acquitted 11 of the 14, including Inam.

Pathetic condition of Pardhi victims – an update


 

Present Status of the case

After the filing of the part charge-sheet by CBI at CBI court Jabalpur, we have filed a detailed petition at Jabalpur High Court to demand further investigation,   to implicate the leaders of BJP and Congress in rape case and murder case, and officers of dist admin in the case of loot and arson.

 History of mob lynching in Betul

आपको हम यह बता दे, की 2007  का पारधीकांड अपनेआप में कोई इस तरह की  अकेली घटना नहीं  है. सारी बात इस परिपेक्ष्य में देखना होगी , की पूरे म. प्र. में बैतूल जिला  ही एक एसा जिला है,  जहाँ,  2003 से 2007 के बीच, पारधी जैसी जाती के 13 महिला -पुरुषो को भीड़ द्वारा मार  डाला गया(either stoned or charred ). Before 2004 and 2008 assembly elections the anger against Pardhies was fueled by political parties and in both the elections MLA from Congress Sukhdev Panse won the election; first from Masod and later shifted to Sunilam’s constituency, i. e. , Multai . And the proposed Jusunwai in 2012 at Multai would have further fuelled the atmosphere against Pardhis before 2013 assembly election. यह पहली बार है की हमारे द्वारा इस मामले को उठाये जाने से इस पर रोक लगी वरना न जाने कितनी घटनाए और होती.

Not Targeting Dr. Sunilam

दूसरा  हम इस पत्र के शुरुवात में ही यह स्पष्ट कर दे की हमारा उद्देश्य पारधी जैसी देश की 150 denotified tribe (criminal tribe; fed up of their rebel Brtish notified them as a criminal tribes. Though, it was denotified in 1954, the attitude towards them never changed)  के प्रति हर जगह व्याप्त  biases  को उठाना है. हम   पारधीकांड, मुलताई मामले में डॉ सुनीलम को टार्गेट नहीं कर रहे है, हाँ यह जुरूर है की इस मामले में हमे उनका  व्यवहार एक प्रगतिशील आन्दोलनकारी  के विपरीत लगा, हमे  इससे व्यथित है,  हमने अपनी इस व्यथा को आन्दोलन के साथियो के बीच उठाने की लगातार कोशिश की है. विशेषकर जब उन्हें इंडिया अगेंस्ट करप्शन में और एन ए पी म में ख़ास भूमिका दी गई , तो हमे लगा की इस बात का इन आंदोलनों तक पहुचना जरुरी है.

This shows important of this case.

जब २००७ के गोलीकांड में अचनक उनकी भूमिका के बारे में स्थानीय पत्रकारों, व्हीडियो रिकार्डिंग और national dentotified tribe  commmssion की रिपोर्ट से मालूम पड़ा तो हम काफी दुविधा में थे, की PIL में उनका नाम डाले या नहीं. लेकिन कई लोगो से चर्चा के बाद हम इस निष्कर्ष पर पहुंचे की हम इस मामले पक्षपात नहीं कर सकते. हमे कोर्ट के सामने सारे तथ्य ज्यो के त्यों रखना चहिये. और हमने वैसा ही किया. 2007 से 2009 के बीच यह petition है कोर्ट में सूनी गई, प्रसिद्ध वरिष्ठ वकील एन एस काले इस केस को लड़ रहे थे. उनकी अचनाक मौत हो जाने से, २४ जुलाई 2009 को final argument मैंने किया, आपको शायद याद होगा की २३ जुलाई २००९ को शमीम पर मुंबई में जान लेवा हमला हुआ था, लेकिन इसके बावजूद मै जबलपुर में  24 July को इस केस की final argument कबाद ही मुंबई रवाना हुआ.

 

Our campaign  against CBI’ effort to save the leader  of Congress & BJP and Officers of Local Administration

इस मामले में अगस्त २००९ में है कोर्ट के आदेश पर सी बी आई ने investigatin शुरू किया. हमे थोड़े  दिनों में जब यह समझ आने के लगा की सी बी आई इस मामले में राजनैतिक दबाव में कांग्रेस और बीजेपी के नेताओ और अधिकारियों को बचने का प्रयास कर रहे है. तो हमने इसे लेकर ना सिर्फ जबलपुर हाई कोर्ट में एक और याचिका लगाई बल्कि सी  बी आई director को शिकयत कर, व्यक्तिगत मुलाकात भी की.

इन सारे पत्रों, शिकयतो में हमने सिर्फ कांग्रेस , भाजप और अधिकारियों के मिलीभगत की ही बात की है:

Intro of the first letter to director CBI dated 22/9/10

The CBI may be creating ripples in the political and administrative circles of Gujarat but in MP it is proving otherwise.  A case of rape, murder, loot, and arson on 10th and 11th September 2007 involving marginalised Pardhi community is under investigation by CBI’s Bhopal office for a year now and yet no one has been named in the FIR. The investigation officer of CBI additional S.P. M. S. Khan has been pressurising Pardhi witnesses into altering their statements as leader of Congress and BJP and higher officers are involved.

Minutes of the meeting with CBI director on 1/11/10 ; Dr. Premsingh of SJP had accompanied me

First of all I would like to begin with thanking you for giving us patient hearing and being cordial. Further to the discussion I am mentioning some of the following points of impropriety on the Part of your I.O. Mr. Khan –

  1. After having recorded  eye witness account of  Rishu Naidu (stringer with ETV)    (in third case of loot and arson)  I got a call from him ( IO)   for deleting Collector Arun Bhat’s name from the statement. He said “ usne kafi bade logo ka nam le diya hai aur uski jan ko khatra ho sakta hai, and on my asking he said he has named Collector”

Intro of the third  letter to director CBI dated 6/2/12

There has been continuous effort by successive investigation officers of CBI to ill-influence the investigation in the above mentioned cases, so as to save the main accused MLA of Congress from Multai, Sukhdev Panse, BJP’s vice-chairman of Betul Zila Panchayat, Raja Pawar, SDO of Police, Multai  D. K. Sakkle,  some of the key persons responsible for; the rape of 11 Pardhi women on the intervening night of 10th September 2007;  rape and subsequent murder of Dodebai Pardhi  along with her husband Bondru on the morning of 11th September 2007, followed by  instigation of mob into loot and arson of entire Pardhi settlement of Chotuiya village under Multai Police station. (Detailed letter attached).

Intro of the third letter to director CBI dated 20/9/12

Investigation by Central bureau of Investigation (CBI) into all the three incidents of rape, murder, and arson, occurred within the span of 24 hours from 10.9.07 evening to 11.9.07 at village Chotiya, district Betul, suffers from; favours, manipulation; concealing and misrepresentation of material facts, to save the influential politicians and officers of police and revenue in the district administration, which reflects very badly on premier investigation agency like CBI. CBI is acting under pressure in order to save the MLA of Congress Party from Multai, Sukhdev Panse; Betul Zila Panchayat Vice Chairman and leader of BJP, Raja Pawar , SDO of Police D. S. Sakkale in the case of rape and subsequent murder. CBI is also trying to save then D.M., S.P., and other officers of Police and Administration of Betul district of M.P. Moreover, in last two years none of the main accused name in the charge-sheet has been arrested, nor there any inclination shown by the CBI to apprehend them.

Dr. Suinlam’ Video Recording.

Etv Journalist Rishu Naidu has recorded the interview of Dr. Sunilam ; it can be seen in the video clipping. In his affidavit at the HC he has said that when he reached the spot around 11 am, along with the ladders of political party, Dr. Sunilam was also there and they all were instigating the mob.

U Tube link of Dr Sunilam Video

http://youtu.be/arHbAZM7eDg

he is also referring to the Khapakhateda Knd in which 8 people of Hnagari Lohar community were killed.

 

Other video linkages

http://www.youtube.com/watch?v=G08fGbD2pAc

http://www.youtube.com/watch?v=fUwavYzle3Y

http://www.youtube.com/watch?v=ulZpslrcdUc

http://www.youtube.com/watch?v=6V

http://www.youtube.com/watch?v=rav_B3-gR2Q5HA6rhs2A

http://www.youtube.com/watch?v=zVfG_IQ-AZo

http://www.youtube.com/watch?v=I2NuxQ0RvfQ

http://www.youtube.com/watch?v=I2NuxQ0RvfQ

http://www.youtube.com/watch?v=qmu8sn7JISY

http://www.youtube.com/watch?v=f0RoWm1EhA8

NCDNT Report

National Commission for Denotified, Nomadic and Semi-Nomadic TribesReport on the incident involving Pardhis, Madhya Pradesh,9-11 September 2007. The Commission represented by Sh. Balakrishna Renke (Chairman), Sh. Laxmibhai Patni  (Member) and Dr. Meena Radhakrishna (Director Research) visited Betul district in Madhya Pradesh on September 29-30, 2007 to investigate an incident involving Pardhis on September 9-11, 2007, and its aftermath.

DM, Betul’ Rehab Plan

The rehab plan proposed and submitted to the state government and Jabalpur High Court by then Collector of Betul,  for the victims rehabilitation shows the height of apathy:

It says that, the Pardhi Reahb-Camp will be fenced with barbed wire and enter and exit to the camp will be regulated and recoded for initial 5 years and extended accordingly if so needeed.

 

                 जहां हम system के खिलाफ विद्रोह करने वालो का सम्मान करते है, आज भी पारधी और उनके जैसी १५० चिर विद्रोही (born rebel ) जातियां , जिन्हें अंग्रेजों ने अपराधिक घोषित कर दिया था , आज भी इस दंश को झेल रही है. हम सबको इस मुद्दे पर कुछ करना ही होगा. इन जातियों के पास जो born -talent है उसके सही उपयोग करने से यह देश कही का कही पहुँच सकता है. लेकिन जहा हम एक तरफ स्कूल कालेज में talent हंट करते है, वाहे यह  born -talent बर्बाद जा रहा है. आज इन जातियों के पास जीवन का संकट है. We got to act.

Anurag /Shamim

sasbetul@yahoo.com

Pardhi Camp Betul

Raja Pawar with the gun, in his victory procession as a Zila Panchyat VC

 

   

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Madhya Pradesh : Policeman raping woman caught on camera


by FP Staff Mar 14, 2012

A policeman has been caught on video raping a woman in a slum area in Jabalpur district of Madhya Pradesh.

The police were forced to file an FIR when video evidence was provided: Reuters
IANS reported that the police, who were earlier refusing to entertain a rape complaint against the policeman, were forced to register an FIR when shown the video clip taken on a mobile camera.

The inspector, identified as Pradeep Singh was posted in Seoni district, but had come to Jabalpur to visit a court. Later, he went to a slum area and entered a hut.

When he forced himself on a woman, she cried and people gathered there. The inspector was literally caught on camera with his pants down.

Police first refused to accept her complaint.

But soon a person came with the video clip and the police had to register a FIR against the inspector.

“It is a serious issue and we are acting on it. He (Pradeep Singh) has been arrested and may be dismissed from service,” said Inspector General of Police V Madhukumar.