Soni Sori gets bail in one more case #Goodnews #Vaw


SUVOJIT BAGCHI, The Hindu , may 30, 2013

An activist protest demanding release of Soni Sori. She got a bail in one of hte eight cases on Thursday by a Chhattisgarh court. File photo
The HinduAn activist protest demanding release of Soni Sori. She got a bail in one of hte eight cases on Thursday by a Chhattisgarh court. File photo

There are close to 2,000 cases in which tribal people have been languishing in jail since two to seven years. Tribal schoolteacher Soni Sori has been granted bail by a court in one of the eight cases filed against her.

Tribal schoolteacher Soni Sori has been granted bail by a court in south Chhattisgarh in one of the eight cases filed against her.

She has already been acquitted in six cases, her lawyer K.K. Dubey told The Hindu.

A charge sheet was filed against Ms. Sori and others in December 2010 at the Bacheli court for allegedly torching vehicles in Nerli, near Dantewada.

Recently, she was awarded bail in the case.

“She could not be acquitted like in other cases as the witnesses did not appear,” said Mr. Dubey.

Earlier this month, Ms. Sori and her relative, activist-journalist Lingaram Kodopi, were acquitted in the Avdesh Gautam case.

They were accused of planning and executing an attack on a local Congress leader and contractor Avdesh Gautam in which two persons were killed. Thirteen other co-accused, including Congress leader Vijay Sodi, CPI leader Lala Ram Kunjam and a panchayat member of Dantewada, Sannuram Mandawi, were also acquitted and released for want of evidence by a Dantewada court.

The only case pending against Ms. Sori and Mr. Kodopi is the controversial Essar Steel case. They have been accused of arranging “protection money” on behalf of the company to Maoists. The main accused, D.V.C.S Verma, general manager at an Essar steel plant, and B.K. Lala, Essar contractor, were arrested for allegedly disbursing the money.

While Ms. Sori and Mr. Kodopi are in jail, like thousands of undertrial tribal people of south Chhattisgarh, Mr. Verma and Mr. Lala had been granted bail.

The charge sheet has been presented to Dantewada district and sessions judge Anita Dehariya. Charges will be framed by the court sometime in June.

“I hope after this bail and previous acquittal it will not be a problem to get a speedy trial and hopefully acquittal in all cases,” said Mr. Dubey.

While Ms. Sori and Mr. Kodopi’s cases were defended by a team of lawyers and monitored by the press, national and international rights groups, there are close to 2,000 cases in which tribal people have been languishing in jail since two to seven years.

“I once tried to put the number of cases together and it was over 600 only in the Dantewada court. It must have crossed 800 now,” said senior advocate Ashok Jain. Majority of these tribal people do not speak any other language than Gondi, have little or no money to pay a fee, have no national or international rights group to defend their cases and have been booked for allegedly participating in Naxal activities.

In private conversation, top bureaucrats, politicians and lawyers acknowledge that a majority of these cases do not merit a trial in higher courts. “This is a tragedy for a democracy,” said Mr. Jain.

In an interview to The Hindu earlier this week, Chief Minister Raman Singh acknowledged that a “huge number of cases” were pending in various district courts.

 

India jail-born man earns bail money, for release of his mother after 19 years #WTF


 

By Sanjoy Majumder BBC News, Kanpur

Vijay Kumari was unable to post the necessary bail amount of about £120

In a dusty tenement in a crowded neighbourhood in the Indian city of Kanpur, a young man takes out a bright yellow sari from a shopping bag and presents it to his mother.

“Do you like it?” he asks her. “Yes,” is her reply.

It is an innocuous scene, except that the young man, Kanhaiya, has waited a long time to give his mother a gift.

Nineteen years ago, his mother Vijai Kumari was convicted of murder – wrongfully she claimed.

She was granted bail on appeal but she did not have the 10,000 rupees ($180; £119) she needed to post bail. Her husband abandoned her and no-one else came forward to help her.

“I thought I’d die in prison,” she says. “They told me in there that no one ever gets out.”

She was pregnant when she went to jail. Four months later, Kanhaiya was born.

“I sent him away when he got a bit older. It was hard but I was determined. Prison is no place for a young child,” she says.

So she stayed in prison all these years, lost in the system and forgotten.

All she had to keep her going was a passport-size photograph of her son and his visits to her every three months.

‘Think of her and cry’

Kanhaiya spent most of his childhood growing up at various juvenile homes. And he never forgot his mother.

“I would think of her and cry,” he says, speaking softly and with a lisp.

“She was in prison, all alone. No-one else ever visited her. And my father turned his back on her.”

Kanhaiya's mother Vijai Kumari only had a photo of her son in jail Vijai Kumari only had a small photograph of her son Kanhaiya

As soon as he turned 18, he was trained to work in a garment factory. And he began saving up to get his mother out.

Eventually, he hired a lawyer.

“Someone told me about him. He was surprised to hear about my mother’s case.”

The lawyer took on his case and earlier this month, his mother was freed from prison.

Judges expressed their shock at her situation and the “callous and careless” behaviour of the authorities.

They have now ordered a sweep of all the prisons in the state to see if there are others like Vijai Kumari.

The reality is that hers is not an isolated case.

There are an estimated 300,000 inmates in India‘s prisons, 70% of whom are yet to face trial. And many of them have spent a long time in custody.

It is a reflection of India’s shambolic and sluggish legal system where it can often take years for a case to be heard and a trial to be concluded.

But, for the moment, mother and son are reunited and anxious about their future.

“All I want is for my son to be settled,” Vijai Kumari says, her voice breaking and her eyes moist.

“He’s all I have in this world.”

Kanhaiya and his mother plan to approach his estranged father and fight for their rights, including a share of the family property.

But for now, they are taking in the present and trying to make up for all the time they have lost.

Hearing on bail plea deferred in Shehla Masood case #RTI


TNN | Apr 13, 2013, 01.26 AM IST

INDORE: Special CBI court on Friday deferred order on bail application of two accused in RTI activist Shehla Masood murder case till April 15. Accused Saqib alias Danger and Tabish had filed application and final hearing on application was completed on Wednesday. Cops had arrested Zahida Parvez, Saba Farooqui, Saqib alias Danger, Irfan and Tabish in connection with the murder of Shehla Masood. All the accused are in jail for past several months as undertrials. Earlier, bail applications of accused were rejected by the court.

 

Shehla Masood case: court reserves order on bail pleas of two accused


My Friend Shehla Masood

My Friend Shehla Masood

Press Trust of India  |  Indore  April 10, 2013 

The special CBI court today reserved its order on the bail applications of two of the accused in the Shehla Masood murder case — alleged shooters Saquib Ali ‘Danger’ and Tabish Khan — till April 12.

Judge Anupam Srivastava reserved the order after hearing the arguments by defence lawyer Pradeep Gupta and CBI’s senior prosecutor Atul Kumar.

The accused had filed the pleas in December.

Advocate Gupta had argued that the trial was underway for over a year and would go on for long, so the accused be given bail. But prosecution argued that final arguments were yet to take place and the bail applications could be considered afterwards.

Five people are on trial for the murder of Shehla Masood, an RTI activist, in Bhopal‘s Koh-E-Fiza locality on August 16, 2011: Zahida Parvez, Saba, Saquib Ali Danger, Irfan, and Tabish.

Zahida Pervez, an interior designer, is accused of conspiring to kill Masood.

 

Naveen Soorinje- ‘State is biased against Muslims, Dalits, farmers’


Most people are relieved when they walk out of prison. Naveen Soorinje, a TV journalist bailed last week after four-and-half months in jail, says his incarceration was a blessing. Soorinje, 28, made headlines in July after he videoed vigilantes of an illiberal Hindu sectarian outfit attacking young men and women at a private party in the coastal Mangalore city in Karnataka. The police, however, named him a co-accused in the case and arrested him in November. The son of a small villager farmer, Soorinje has reported extensively on communal and caste violence, police atrocities and organised crime in his ten-year career. Importantly, he has campaigned against corruption in journalism in his city in the last three years. He spoke to Tehelka’sImran Khan after his release on March 23.
Imran Khan

March 25, 2013

Naveen Soorinje. Photo: Ashok KR

How do you feel after spending nearly five months in prison?
My jailing was a gift from the police. It gave me a chance to study another face of theirs. A journalist doesn’t easily get that opportunity. I saw how deeply the communal forces have penetrated the government and the city administration.

What did you experience in the jail?
The biggest learning was that nearly 40 percent of the inmates are Muslims. Most were arrested after communal violence. Some are rotting there for years. I did not meet a single Hindu or Christian arrested for communal violence. The only non-Muslims communalists arrested are the vigilantes for their morality policing, and only those who were exposed in my video although their attacks are an everyday event in Mangalore.

What was your routine in the prison?
We would queue up at 6 am to be counted to make sure no one died overnight. But the famous prisoners didn’t need to. A quick shower and a short walk was allowed at 7.30 am and breakfast at 9.30 am. Often, other prisoners came to me thinking I could help them as a journalist. I wrote out their petitions and complaints. Many inmates had overstayed for months because they couldn’t raise even Rs. 500 to post bail. I helped them borrow money from other inmates.

Why did it take you so long to get bail?
The RSS (Rashtriya Swayamsevak Sangh) and the local administration colluded in my case and lied to the court about me. The police claimed I had absconded even though I was at work in the city. This delayed the decision on my bail.

Does your prison experience offer any lessons for journalists?
Journalists should also hear out the accused instead of just being police informers. Our moral obligation and primary duty is to be the informers of the people. It was my video footage alone that led to the vigilantes’ arrest. Journalists should also realise that the police serve their masters in power. Police officers that were secular under a Congress government turned communal when the BJP came to power in 2008. The prison showed me the state’s bias against the minorities, Dalits, farmers and adivasis.

Some 500 people in the Mangalore jail are held on mere suspicion and all are Muslims. A 15-year-old boy was picked off the street because a police officer found him suspicious. He has been in judicial custody for months. Rehman, an 80-year-old qawwali singer who can’t even walk, was arrested because he owned two SIM cards. A Dalit man is in prison for three months because he allegedly stole a bucket, worth Rs. 75, from a Brahmin. Can’t such cases be resolved at the police stations? Most of the time journalists unthinkingly accept press releases from the police and “sentence” the accused.

Are you happy with the support you received from the news media?
I didn’t expect much except from a few friends but I am overwhelmed with the support I got and I am thankful to all. I must, however, say that most journalists in Mangalore didn’t support me for various reasons, including ideological.

What next?
Continue working as a journalist. I plan to write a book based on my experiences in jail. I have many stories to tell.

 

#Mumbai Court rejects Jerrit John’s bail application #Vaw #Acidattack


Rebecca Samervel, TNN | Mar 23, 2013, 03.40 AM IST

JERRIT11
MUMBAI: A Sewri sessions court on Friday rejected the bail plea of film professional Jerrit John, arrested on the charge of attempting to murder his former lover.

“The court read out the operative part of the order and said that the bail plea was rejected,” the victim’s lawyer, Faiz Merchant, said.

On November 7, John allegedly hurled a chemical on his 26-year-old former girlfriend, physiotherapist Aryanka Hosbetkar, at her residence in Worli.

John is also facing charges of wrongful confinement and theft. He was arrested from Nalasopara on November 10.

The police said John planned the attack after Hosbetkar refused to marry him despite his promise to divorce his wife, with who he has a five-year-old son.

Opposing John’s bail application, the police said in court that if released on bail, he was likely to harm the witnesses, including the victim, and jumping bail.

John had applied for bail in December as well, but withdrawn it later.

Merchant too had filed an intervention application opposing the bail plea. “Allowing the accused to go on bail at such a premature stage would set a bad precedent in society where acid attacks are becoming more common than otherwise,” Merchant had said.

Related articles

#Bangalore -DRDO sacks youth who got bail in terror module case


TNN | Mar 4, 2013, 06.11 AM IST

BANGALORE: Ejaz Ahmed Mirza, 25, who has been granted bail in the Bangalore terror module case, has been terminated from the Defence Research Development Organization where he worked as a junior research fellow.

Ejaz, who is likely to walk out of the Parappana Agrahara Central Jail on Monday morning, was among the 15 youths held by the Bangalore police in August-November 2012 for suspected terror activities. However, the National Investigation Agency (NIA) took over the probe and charged only 11 of the 15 arrested. While two of the arrested youths were discharged, Ejaz was granted bail on Thursday.

Ejaz’s father, Rauf Abdul Mirza, confirmed the DRDO order and said he will be reaching Bangalore on Monday morning. “Yes, we received a termination letter from the DRDO dated February 12. However, my current priority is to get my son out on bail and further action will be decided once he is back. We have been told that he will be able to get back to DRDO and we hope it will be possible,” he said.

A DRDO spokesperson said: “He was not a DRDO employee, but was just a junior research fellow with one of the labs, and was taken in early 2012. It is a fellowship programme, and fellows are normally taken for a particular study, which is ongoing and they are encouraged to enroll for PhD etc, while they gain research experience with our labs. This is purely a temporary assignment.

“Based on the performance of a fellow, or when a particular study is completed, his fellowship can be terminated at any point of time by the local lab director. Or, he could get upgraded to a senior research fellow, but even that is not permanent employment with DRDO. The decision on a fellow is left purely to the lab director, and the ministry of defence and DRDO headquarters have no role at all,” the spokesperson added.

Bangalore Court grants bail to DRDO scientist in terror case #goodnews


By Newzfirst Correspondent2/28/13

Bangalore – The National Investigation Agency (NIA) special court on Thursday ordered the release of another youth who was arrested last year on terror related charges, after granting him statutory bail for failure to file a charge-sheet within 180 days of arrest.

The bail application moved by the defence counsel of Aejaz Ahmed Mirza on Wednesday contended that the investigating agency failed to file the charge-sheet within the stipulated time of 180 days since his arrest.

Aejaz Ahmed Mirza – a DRDO scientist – was among the 15 youths arrested last year by Central Crime Branch (CCB) Bangalore sleuths, from different parts of Karnataka and Hyderabad, for allegedly plotting to kill prominent personalities and having links with banned terror outfits.

Speaking to Newzfirst, Akmal Razvi, lawyer and secretary of Association for Protection of Civil Rights said, “The NIA counsel said that they have some evidence, but no prosecutable evidence. So he has been released on statutory bail.”

Earlier this week, two more persons – who were accused in the same case – were released after the NIA dropped all charges against them.

In its charge-sheet submitted on 20 February 2013, the NIA had filed charges against 11 of the 15 arrested youths while dropping charges against two – Muthi-ur-Rahman Siddiqui and Yusuf Nalband – and asking more time for interrogating the other two – Aejaz Ahmed Mirza and Syed Tanzeem.

 

UPDATE KOODANKULAM -11-member team heading for Idinthakarai detained


SPECIAL CORRESPONDENT, The Hindu Oct 13, 2012

Police suspect links with banned groups

Members of an 11-member ‘fact-finding committee’ heading towards Idinthakarai, the hub of the protests against the Kudankulam Nuclear Power Project, were arrested on Friday.

Four of the members were from Tamil Nadu; three, including a woman, were from Cuddapah district in Andhra Pradesh; two from Jharkhand; and one each from Odisha and Delhi.

They are affiliated to some movements and the police suspect they have close contacts with banned groups. Efforts are on to trace their background.

Based on a tip-off that the team members were on their way to Idinthakarai in a bus, the vehicle was intercepted at the Nanguneri toll gate in the morning. The team members were taken to a marriage hall for interrogation, which revealed that they were affiliated to various organisations, including the Anti-Imperialist Movement, Centre for Protection of Civil Liberties, Students Uprising Movement, Anti-Evacuation Movement, Revolutionary Democratic Front and Women’s Uprising Movement.

Since activities of all these organisations are under scanner and the movement of persons linked to these outfits are being monitored by security agencies, they were detained. Moreover, they cannot be allowed to enter a place where prohibitory orders are in place,” said Deputy Superintendent of Police, Valliyoor Sub-Division, N.K. Stanley Jones. Superintendent of Police, Tirunelveli, Vijayendra S. Bidari and Additional Superintendent of Police, K. Mahendran interrogated them in the evening.

The police have registered cases against them under various sections of the IPC. “We’ve also seized some literature from them,” Mr. Jones said.

 

The details of those arrested on 12 October, 2012, as per the list I have at present include:

1. Palani Sami – Anti Imperialist Movement (Karur)
2. Agaraadhi – Podhu Nala Pengal Ezhuchi Iyyakam (Madurai)
3. Kesavan-CPCL Madurai
4. Jagan – Podhu Nala Manavar Ezhuchi Iyyakkam
5. Varalakshmi– Andhra Pradesh student
6. Pradeepa Human rights activists Jharkhand
7. Damodar – PUCL Delhi
8. Priyadarshini – JNU (DSU)

9Aravind Abiyaas from Jharkhand

10 Hameed, a student from Andhra Pradesh
Names of 1  others not known

Crime FIR no 216/2 Sections 143/188/194b/ 353/ 362/ 506 of IPC r/w 7(1) A of CLA Act


——————————-

In a separate but unrelated incident last Saturday, another group of people who had gathered at a private school to discuss plans of setting up a trade union were picked up at the behest of the notorious Q branch, arrested and remanded in Vellore Jail. The police has managed to defeat the bail application on the basis of arguments that the arrested people are from the Maoist party. This incident was not related to Koodankulam, but speaks of a noticeable and disturbing trend in Tamil Nadu.

Total number of people arrested

13 people

Date of arrest: Saturday 6th October

Names with age of the persons under arrest

Bhaskar ~40

Duraisingavel ~

Palani

Kumaragurubaran 61

(Maniko) G Paneerselvam ~35– Professor ulga tamil arachi niruvanam

Poovi Arasan (salem -28) Sft ware engg

Senthil Kumar

Gurunathan

Murali Mohan (thiruvannamalai)

Suresh Kumar

Rafique

Mugilan (thiruvannamalai)

Ragini –w/o duraisingavel

 

Name of the organization they are part off

Makkal Jananayaga Kudiarasu Katchi (peoples Democratic republic party)

Sections under which they have been arrested

17 (1) of Criminal Law Amendment Act : (unlawful assembly)

Jail location: Vellore prison

Place of arrest: Kundrathur Paavendar Tamilvayi Palli (tamil medium school)

Name of the police station: Kundrathur police station

history of the event

The members of the party had assembled to discuss about setting up and registering trade union on a industry basis. They assembled about 10am. Discussion were happening. Permission had been sought from the school authorities (Palani’s daughters are studying in the school and he had sought permission). evening around 5:30 pm Q branch police along with local police numbering 20 entere dthe premises and started to enquire about them. They wanted to know the reason for the meeting and to know about the organization and collected the personal details of the people present. By this time Bhaskar had contacted a few advoctes but he was not sure they would be arrested. They continued with to the enquiry even upto 9:30pm and then the police arrested them.

The arrest was done by the kundrathur police on the complaint of Q branch SI Mohan. The complainant maintains that the persons were gathered in the school and conducting a meeting in a closed room in which the lights had been put off. ————

police account

The group had no permission. The members ar e part of the banned maoist party. SOme of th emembers have been convicted or have charges under POTA.

they had unlawfully assembled (in the sense they did not get any permission from the police) and were secretly discussing. (this part is unclear as adv Natarajan was not too clear)

 

Bail moved

Bail was moved on Monday (8th) at the Magistrate Court in Sriperumbudur. the case came up for hearing on Wednesday (10th )where the judge adjourned the case to Friday (12th) as the PP sought time to file the counter by the police and state.

Status of bail application

On Friday (12th) the bail was dismissed as the judge accepted the PP’s argument that they were known maoists with previous charges and the police need time to investigate.

 

DETAILS GATHERED BY OTHER FRIENDS FROM ADV. NATARAJ WHOSE HANDLING THE BAIL PROCESS

 

Koodankulam Update: 9 October, 2012


 

Update: 9 October, 2012
As told to  nityarand jayaraman by a source in Tirunelveli

Koodankulam protestors, and some others who just happened to be in the wrong place at the wrong time on September 10 and subsequent dates, had been picked up by the Police, arrested and remanded to judicial custody in Tirunelveli, Vellore, and Tiruchi jails. Yesterday, they were produced before the Magistrate in Valliyoor. This is the second instance that an extension on their remand has been granted.

The arrested people that were brought to the magistrate’s court from Vellore and Tiruchi were not given food, water or allowed to answer nature’s calls throughout the trip. In the earlier instance, when they were produced before the magistrate, they had been brought in hand-cuffed. The Magistrate had taken a very serious view of this, and reminded the police of the supreme court orders on the matter. Unlike the last visit, the arrested people were allowed to meet their relatives yesterday thanks to the presence of about 6 local lawyers who complained to the Magistrate. The magistrate in turn chastised the police and invited the relatives to meet the arrested people inside the court, and hand over food and clothing.

Two disturbing events arose.
1. Thirumani a.k.a Joseph, aged 29 (as per FIR), s/o Lincoln Nadar, Village Koodankulam is a mentally challenged person. On September 10, 2012, a new Sub-Inspector (name awaited) from the Koodankulam Police Station arrested Thirumani. His arrest was not noticed by anybody. He was produced before the Nanguneri Magistrate, who is the same person that helped the police with the remand of Mugilan. In this case too, the Magistrate (name awaited) remanded the arrested person to judicial custody. When solidarity activists in Tirunelveli found out about it, they applied for bail for the young man and requested that the youngster be sent in for immediate treatment. The matter had come up for hearing on 7 October (Saturday), when the Magistrate directed that Mr. Thirumani should be moved to the Tirunelveli Government Hospital, and sought a medical opinion. Yesterday, the medical opinion confirming Mr. Thirumani’s mental state was presented to the Magistrate. The magistrate questioned the Public Prosecutor in open court as to how the Nanguneri Magistrate had been convinced to remand a visibly mentally challenged person. The magistrate told the lawyers to move a bail application immediately. To move a bail application, the sureties produced (such as property papers etc) need to be certified by the Village Administrative Officer. All 5 VAOs and Tahsildars in Perumanal, Idinthakarai and Koodankulam have been instructed to not issue any certification and have refused to do so since the time that sureties were being readied for the release of Sathish Kumar and Mugilan a few months ago. In this case too, Koodankulam VAO Mr. Suresh flatly refused to issue any certification and directed the applicants to approach the District Collectolr. The Lawyers pointed this out to the Magistrate. Considering the mental state of the arrested person, the Magistrate has issued bail on the basis of patta tax payment receipts of 2010. The bail has now been granted, but only because the Magistrate was willing to accept our case only because Thirumani is mentally challenged. For the other persons, bail applications are likely to be a problem because the VAO is unlikely to certify surety papers.

2. Mr. Udayaselvan, s/o Sudalaimani, aged 25, Koodankulam village, is in no way connected to the ongoing protests. The following narrative is a paraphrased version of his oral testimony to the Valliyoor Magistrate on 9 October, 2012. On September 10, he was returning from having picked up clothes from a tailor shop in Koodankulam town where he had given clothes for stitching for a wedding of his close relative. On his way back, he was stopped by policemen. He told them he had to go home to drop off the clothes. The same policemen who had allowed him were joined by several more by the time he happened back. Despite his protests that he had nothing to do with the protest on the beach, he was picked up by three policemen — Police Constable Pal Pandi, Police Constable Lakshmanan and Sub Inspector Anand Raj. All three policemen were reportedly part of the escort that accompanied DSP Bidari and the ADGP. Udayaselvan was dragged into the thorny bushes, and was beaten up badly. One would slap him on his face, while the other would punch him on his head, and the third would hit him on his legs. This went on until he thankfully lost consciousness. Another person, also arrested on the same day from the same location, confirms that he saw Udayaselvan being dragged by his feet and hands and loaded on to the police vehicle. According to Udayaselvan, the Sub Inspector Anand Raj was particularly vicious.  As Udayaselvan was narrating this, his mother who was present in the court fainted.

Mr. Udayaselvan said that he did not narrate these beatings on the first occasion for fear of upsetting his mother and sister. But since then (about 15 days back), he has lost all appetite and the effects of the beatings are seriously affecting his health. According to his mother, he has never appeared so weak. His request for medical attention has been granted, and the Magistrate reportedly ordered him to be relocated to the hospital immediately.

According to the person who narrated all this to me, the presence of a number of lawyers appearing on behalf of the arrested people made a big difference to counter the intimidation of the police and bring in a semblance of fairness to the proceedings.
However, even since the time when bail sureties were being readied for the release of Sathish Kumar and Mugilan two months ago, the Village Administrative
Yesterda

 

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