Adv Surendra Gadling- talks about Threat to Democracy through Rule of Law

The misuse of the power to arrest and false implication in criminal cases of political dissenters is the biggest threat to democracy as it permits illegitimate use of the state’s monopoly over use of violence through the rule of law. The rearrest of Arun Ferreira immediately upon his release on 27th September 2011 from Nagpur Central Prison after over four years of custody and acquittal in all the cases in which he was arrested is an blatant example of this. This is not the first time that the state has exercised the power of rearrest illegitimately. In fact it is done repeatedly with activists who are released after spending years incarcerated in false cases after their acquital. Adv Gadling gives his more than decade of experience with cases of THOUSANDS of tribals in Maharashtra .

The Art of Rearrest and Brutality – Indian Police Style: Adv. Surendra Gadling

It is not only Arun Ferreira who has been arrested released and again Rearrested outside the Nagpur Jail. While, we are happy Arun Ferreira is out on Bail, finally an free man, but there are many like him who are behind bars, unknown to Media, Unknown to people.

Adv Surendra Gadling here narrates about one such a Case, who has been re arrested THREE TIMES before being released finally

Vikram alias  mallesh Kushwah r/o Surat , a powerloowas arrested in August 2004 in  Umred district.
Nagpur and was slapped  with 11 cases, 1 at Umred district , Nagpur (discharged) ,5 at bhandara  ( acquitted) 1 at Sakoli ( acquitted), 3 at Gadchiroli ( in 2 acquitted  in 1 discharged), 1 at Rajura Dist. Chandrapur in which he got bail

Adv Surendra Gadling had served jail authority with Vikram’s release warrant  after three years of imprisonment on 26/09/07 , but he was released only on 29/09/07 at about 6 pm. He was immediately Rearrested, in the same way as Arun Ferreira, was rearerste din Septemebr Last year.

It has happened several times in Vidarbha that the moment accused comes out  of Jail after be acquitted or discharged , The police  re -arrest them at jail gate only.  We were at Jail Premises frm 27^th September to 29 th September  from 11am- 9pm, but of no avail.

“On 29 when I was at central jail premises I found some people in civil dress alighted from Maruti  Gypsy having yellow coloured lights.  I suspected them to be cops.  After sometime the  Jail judicial branch personnel came out and spoke to those people. I overheard their conversation” , said Adv Gadling , adding that the  person  who alighted from the Gypsy  inquired about Vikram’ s release and also expressed their intention to Rearrest  Vikram. After sometime  some more vehicles and police men came they were around 30 to 40 in number. “ Sensing irregularities and  illegalities to take place on his release I had lodged complaint with  Superintendent of Police  in Jail and Police Inspector at Dhantoli Police Station  in whose jurisdiction jail comes but of no avail.”

At about 6 pm Vikram was released and at gate only he was rearrested .Vikram shouted at them, and he asked them their identity and purpose of his being taken into custody   I also tried to convince them.  But they forcibly threw me and threw Vikram in Gypsy and rest the PHOTOGRAPHS speak for themselves . The inmates of Nagpur prison including Arun Ferreira and others went for 27 days strike for the rearrest.

Again he was released and rearrested in April 2008 outside  Nagpur prison,  and then he was taken to Bhandra prison where again he was acquitted of charges but re arrested in April 2008, finally he was released in Februray  2010.

We are still fighting for  release of many such prisoners , who are behind barsd on fabricated cases and charges  and we want all of you to join for the freedom of all political Prisoners

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Vikram Coming out of Nagpur Jail

Vikram Coming out of Nagpur Jail

Cops appraoching Vikram

Cops Threatening Vikram

After Threatening cops dragging Vikram

Thrown in Gypsy

Scuffle with Cops

Scuffle with Cops

Gypsy which took Away Vikram

Brutal Attack and Sexual Abuse on six Dalit women

On 09/12/2011, Friday, an upper caste mob brutally attacked Six Dalit Women namely 1) Smt Manju Devi, w/o Satan Sada, 2) Smt Dulari Devi w/o Kainu Sada; 3) Smt Parodevi w/o Ramnath Sada, 4) Smt Pabiya Devi w/o Tarani Sada 5) Smt Reshma Devi w/o Wakil Sada 6) Geetha Devi w/o Dinesh Sada. All are belongs to Nararia village of Khagaria district in Biharhttp://www.change.org/petitions/brutal-attack-and-sexual-abuse-on-six-dalit-women/edit

The accused mob 1) Saroj Singh s/o Promod Singh 2) Anoj Singh s/o Promod Singh 3) Manoj Singh s/o Promod Singh 4) Dharmendra Singh s/o Promod Singh 5) Promod Singh s/o Uchit Singh 6) Uchit Singh s/o Ramswaroop Singh7) Wakil Singh s/o Maheshwar Singh 8) Kailas Singh s/o Maheshwar Singh 9) Maheshwar Singh s/o Sukhdev Singh, all belongs to Chatar Village of Khagaria District in Bihar

All the accused went to the farm of dalit women Manju Devi on 09/12/2011 at 9 AM, to encroach it illegally, and started destroying it. When she came to know, she along with her above said neighbor women went to the farm and tried to stop the mob that started destroying the farm

The accused mob circled the 6 dalit women and abused them in filthy language, on the name of their caste and attacked them by lathi danda and guns. All the 6 dalit women shocked and asked them why they are destroying the farm. The irritated mob had beaten all the women. Due to this two women went unconscious. One woman Dulari Devi’s both hands fractured, they also snatched the gold rings worth of 15000/- (Fifteen Thousand Rupees)

Satan Sada the husband of Manju Devi reached the place and requested for compromise. The accused mercilessly looted Rs 10000/-(Ten Thousand) from him at gun point. The accused number 1, Saroj Singh fired a bullet on Satan Sada, fortunately it missed

The Accused 2 Anoj Singh and Accused 3 Manoj Singh both sexually harassed Pabiya Devi and Parodevi; they removed Sarees and blouses of both dalit women and paraded nakedly. And they spit in the mouths of dalit women. Now all the victims admitted in the Sadar Hospital in Khagaria.

The victims lodged a complaint in the Morkahi Police Station; FIR is registered number 80/2011 under section 147, 148, 149, 342, 323, 325, 504 of Indian penal code and Section 3 (i) (ii) (iii), (iv), (x), (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1987. The station house officer Sathyendra Kumar took up the investigation

Even after a month of incident, neither an inquiry is conducted nor the accused arrested by the police, due to the political influence of the Accused. And meanwhile the accused regularly calling and sending mediators to victims and threatening to withdraw the complaint by saying that “police and other government officials not going to help the victims, nothing will happen to accused” police only serve the rich people not poor like you”.

The Dalits in this locality are feeling panic after this brutal attack on the dalit women so werequest National Human Rights Commission to visit the Nararia village of Khagaria district in Bihar. And conduct an inquiry in this case, to give moral support to the victims and local dalits

Please sign the  Online petition

Related articles

• Dalit – The Black Untouchables of India: VT. Rajsshekar (rupeenews.com)
• Right to Recall: A Dalit’s Viewpoint (drambedkarbooks.wordpress.com)
• Dalit Freedom (scramblerworld.wordpress.com)
• Man who cheated a Dalit woman not traced yet (thehindu.com)

Gang Rape of a girl looking for her Paramour

A Girl  in a relationship with a  Bengali Migrant worker was  gang raped soon after she had arrived in Kerala escorted by her brother and another acquaintance, in search of the whereabouts of her  paramour.

This is an account posted by Thasni Banu in Malayalanadu  Facebook Forum, relating to the plight of a Bengali girl who had been gang raped by four Keralite men in Kannur district .The gruesome incident happened as the girl with her brother and a male acquaintance came to Kerala in search of her  paramour, a poor migrant labourer from West Bengal .

At the time of being offered a lift in a lorry she was in the company of her brother and other two male accomplices who would help her to find the whereabouts of her paramour . Those who offered them lift in the lorry attacked the three male accomplices and repeatedly raped the girl before leaving her totally disrobed on the way side. The police promptly made inquiry and got arrested four men in the incident.

After treatment at Kannur Dist hospital under police supervision, she has reportedly recovered physically but understandably,the trauma will not go away like that.The girl now having shifted to the medical college hospital, Calicut needs reassurance and lot of kindness apart from the most urgently needed expert management and counselling to cope with her present situation .A few poor Bengali migrant workers are now taking care of her, even forgoing their meagre wages of daily labour for more than a week.

The incident, together with many similar occurrences in Kerala tells a lot about the insensitivity to the plight of tens of thousands of migrant workers in Kerala.

source- mail by Venugopalan K M -kmvenuannur@gmail.com