SC – No arrest for posts on social sites without permission #ITact #Censorship


PTI

In view of public outrage over people being arrested for making comments or liking posts on Facebook, Centre had issued advisory not to arrest a person in such cases without prior approval of a senior official.
In view of public outrage over people being arrested for making comments or liking posts on Facebook, Centre had issued advisory not to arrest a person in such cases without prior approval of a senior official.

The Supreme Court on Thursday said that no person should be arrested for posting objectionable comments on social networking sites without taking prior permission from senior police officials.

The apex court, which refused to pass an order for a blanket ban on the arrest of a person for making objectionable comments on websites, said state governments should ensure strict compliance of the Centre’s January 9 advisory which said that a person should not be arrested without taking permission from senior police officials.

“We direct the state governments to ensure compliance with the guidelines (issued by Centre) before making any arrest,” a bench of justices B.S.Chauhan and Dipak Misra said.

It said the court cannot pass an order for banning all arrest in such cases as operation of section 66A (pertaining to objectionable comments) of the Information Technology Act has not been stayed by the apex court which is examining its constitutional validity.

In view of public outrage over people being arrested for making comments or liking posts on Facebook, Centre had on January 9 issued advisory to all states and UTs asking them not to arrest a person in such cases without prior approval of a senior police officer.

The advisory issued by the Centre says that, “State governments are advised that as regard to arrest of any person in complaint registered under section 66A of the Information Technology Act, the concerned police officer of a police station may not arrest any person until she/he has obtained prior approval of such arrest from an officer, not below the rank of Inspector General of Police (IGP) in metropolitan cities or of an officer not below the rank of Deputy Commissioner of Police (DCP) or Superintendent of Police (SP) at district level, as the case may be.”

The apex court was hearing an application seeking its direction to the authorities not to take action for posting objectionable comments during the pendency of a case before it pertaining to constitutional validity of section 66A of the Information Technology (IT) Act.

The section states that any person who sends, by means of a computer resource or communication device, any information that was grossly offensive or has a menacing character could be punished with imprisonment for a maximum term of three years, besides imposition of appropriate fine.

The petition was also filed regarding the arrest of a Hyderabad-based woman activist, who was sent to jail over her Facebook post in which certain “objectionable” comments were made against Tamil Nadu Governor K.Rosaiah and Congress MLA Amanchi Krishna Mohan. After filing of the petition, she was released by a district court at Hyderabad.

Jaya Vindhayal, the state general secretary of People’s Union for Civil Liberties (PUCL), was arrested on May 12 under section 66A of the IT Act for the “objectionable” post.

According to the police, she had also allegedly distributed pamphlets making objectionable allegations against Rosaiah and Mohan before posting the comments online.

The matter was mentioned before the bench by law student Shreya Singhal, seeking an urgent hearing in the case, saying the police is taking action in such matters even though a PIL challenging validity of section 66A is pending before the apex court.

She had filed the PIL after two girls–Shaheen Dhada and Rinu Shrinivasan–were arrested in Palghar in Thane district under section 66A of IT Act after one of them posted a comment against the shutdown in Mumbai following Shiv Sena leader Bal Thackeray’s death and the other ‘liked’ it.

On November 30, 2012, the apex court had sought response from the Centre on the amendment and misuse of section 66A of IT Act and had also directed the Maharashtra government to explain the circumstances under which the 21-year-old girls were arrested.

Pursuant to the notice issued by the apex court, the Centre had informed it that the controversial provision in the cyber law under which two girls were arrested for Facebook comments did not curb freedom of speech and alleged “high handedness” of certain authorities did not mean that it was bad in law.

The Ministry of Communication and Information Technology in its affidavit had said that an advisory had been issued to all the state governments, saying that due diligence and care may be exercised while dealing with cases arising out of the alleged misuse of cyberspace.

The Maharashtra Government in its reply had said the arrests of girls in Thane district were “unwarranted” and “hasty”, which “cannot be justified“.

The state government had also submitted an affidavit stating that the Thane police SP (Rural) had been suspended for arresting the two girls despite the instruction by the IGP not to take such action.

The court had earlier issued notices and sought responses from governments of Delhi, West Bengal and Puducherry where a professor and a businessman were arrested under section 66A of the Act for a political cartoon and tweeting against a politician respectively.

 

Madras court orders CBI enquiry into a ‘ MISSING 17 YEAR OLD BOY “, as CB-CID botched up the investigations


The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

 

BACKGROUND OF THE CASE

On October 15 of 2011, SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him.  His father  went to the Sipcot Police Station the next day, but my FIRwas lodged only two days later.On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID. but the CB-CID also botched up the investigations  and they gave family  an unclaimed body of 40 years old Ias that of  Sandesh’s body,  The familyw ent to court again asking CBI inquiry which was granted  1April 2013 , THE MADRAS COURT HAS ordered CBI inquiry

THE FATHERS ANGUISH BELOW— 

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

Now after a year and half MADRAS COURT ORDERS CBI INQUIRY,

THE ORDER BELOW

Order_Copy_PDF

 

West Bengal – Inhuman torture by BSF, false police case


9 April 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 the matter of physical torture and false implication into criminal charges upon the victim Mr. Sariful Islam from District-Murshidabad, West Bengal by the perpetrator BSF personnel. The victim was physically assaulted, verbally abused by the perpetrator BSF personnel without any reason and cash of Rs. 2230/- and one mobile set was arbitrarily seized from his possession by the perpetrator BSF personnel on the date of the incident. Our attached fact finding report gives the details of the incident. The victim lodged a written complaint to the Superintendent of Police, Murshidabad informing the whole incident of physical torture and false implication committed upon him by the perpetrator BSF personnel. But no actions have been taken against the perpetrator BSF personnel by the higher authority. The victim is now living under fear after getting warnings and threats from police and BSF personnel to withdraw his complaint against the BSF personnel lodged before the Superintendent of Police, Murshidabad.

Hence we seek your urgent intervention regarding the following matters: –

·       The whole incident must be investigated by the Commission’s own investigation wing.

·       The perpetrator BSF personnel must be booked under the law immediately and prosecuted under the criminal law in open court of law.

·       The role of the police of Raninagar Police Station must be investigated regarding failure to act lawfully in the matter of the victim.

·       The victim must be relieved from the false charges and should be provided adequate compensation.

·       The family of the victim and the victim must be given adequate protection so that they do not come under threat or inducement.

·       BSF personnel obstructing villagers to cultivate their land be stopped without delay.

Thanking You

Yours truly

Kirity Roy

Secretary, MASUM

&

National Convener, PACTI

 

 

 

Name of the victim: – Mr. Sariful Islam, son of- Late Abdul Goni, aged about- 38 years, by faith- Muslim, residing at Village- Babla Bona-Bathan Para, Post Office- Ramnagar , Police Station- Raninagar, District- Murshidabad, West Bengal, India.

Name of the perpetrators: –

1.  Company-In-Charge of Kaharpara BSF BN. No-130 2. One officer Intelligence Branch of BSF and 3. to 8. Other six involved BSF jawans of Kaharpara BSF BN. No-130 under Raninagar Police Station; 9. Mr. Sumit Talukdar, the Officer-In-Charge of Raninagar Police Station

Date and time of the incident: – On 13.02.2013 at 1pm

Place of the occurrence: – In I.B.B Road at Kaharpara under Raninagar Police Station.

 

Case details: –

It is revealed during fact finding that the victim is living with his wife Ms. Habiba Sultana, aged about 30 years and with his two sons namely Mr. Sakhil Habib, aged about 14 years and Mr. Nur Alam, aged about 9 years. Cultivation and selling fodder are the ways to survive their livelihood. He is involved in various social works. He is also a victim of political rivalry.  The father of the victim was reportedly murdered as a result of political rivalry before few years back.

On the date of incident at 10 am, the victim went to his cultivation field which was situated in Radhakrishna Mouja Dag No- 1345-1349-1275 to observe the crops. At about 1pm, he was illegally restrained by six BSF jawans of Kaharpara BSF BN. No-130 while he was returning from the field. They asked the victim to show his voter identity card. After that they without sounding any reason started to brutally assault the victim by fists and blows. The perpetrator BSF personnel repeatedly slapped him on his ears and chest and forcibly snatched cash of Rs.2230/- from his possession and one mobile set from him. After that the perpetrator BSF personnel put him into life threat and tried to accuse him as a smuggler. The perpetrator BSF personnel also threatened him that he would be falsely implicated in a case if he refused to say that he has an involvement in smuggling. The victim was also verbally abused by the perpetrator BSF personnel and he was brutally assaulted again. Thereafter the victim was taken by the perpetrator BSF personnel to Raninagar Police Station by car. He was falsely implicated in a criminal case on the basis of a written complaint of the perpetrator BSF personnel which was treated as First Information Report (F.I.R) vide Raninagar Police Station Case No- 134/13 dated 13.02.2013 under sections 188 of Indian Penal Code and 12 of P. P. Act. In the said criminal case there was another co-accused namely Mr. Mahiriddin Seikh who was reportedly arrested by the BSF personnel on 12.03.2013.

On 14.02.2013, the victim was produced at Additional Chief Judicial Magistrate Court, Lalbagh. He was released on bail. The Company-In-Charge and the officer of Intelligence Department (I.B.) of Kaharpara BSF BN. No-130 threatened the victim to implicate him false charges again and even to kill him if he dared to inform the incident of physical assault to anyone. On 15.2.2013 the victim got medical treatment from one local Doctor namely Mr. Nishir Kumar Sarkar who recorded the injuries sustained by the victim. The said doctor referred the victim to hospital for further treatment. Later he was medically treated in Berhampore General Hospital.

On 20.02.2013, the victim lodged a written complaint before the Superintendent of Police, Murshidabad through courier informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel.  But till date no action was taken on the basis of his complaint.

On 26.03.2013, the victim talked with our fact finding team and he informed that the Investigating Officer (I.O) of Raninagar Police Station of the above mentioned criminal case warned him that he would face grave problems for sending complaint letter to the Superintendent of Police, Murshidabad informing the whole incident of physical torture committed upon him by the perpetrator BSF personnel and also said that if he is implicated in a false case again then there would be none to survive him from that situation. The Investigating Officer of that said police station told the victim that if he did not withdraw the complaint which he lodged before the Superintendent of Police, Murshidabad, he would pay the grave consequences for that. The victim’s life now came under threat. At present the victim is living under fear after getting warning from the Investigating Officer (I.O) of Raninagar Police Station and BSF personnel. The victim till date did not get back his mobile set and cash of Rs. 2230/- which were arbitrarily seized from him by the perpetrator BSF personnel without issuing any seizure list.

Inline images 1

Sariful

Inline images 2

Father’s fight for his missing 17 year old son, Police claims he is dead- CBI inquiry ordered, yet to begin #justicedenied


 

The Hon'ble Chief Justice of India: Request to Provide a Immediate CBI Investigation to my Son's case.

I am Sushil Mandal, residing here in Hosur, Krishnagiri Dist., TN from past 17 years. I am the Petitioner herein and the petitioner in the HCP 1908 of 2011 in Madras High Court.

On October 15 of 2011, my elder son SANDESH, aged 17, student +1 at Maharishi Vidya Mandir, Hosur, went to a nearby store but he didn’t return back. We looked for him all night but could not find him. I went to the Sipcot Police Station the next day, but my FIR was lodged only two days later. My FIR 368/2011 is dated 18-10-2011.

DELAY IN INVESTIGATIONS BY THE POLICE:

Even after the FIR was lodged, the police didn’t take any sort of action to trace my son. When I insisted, the talaash format of the Complaint and the Call reports of my son’s mobile were reported only after a month later. I always suspected Raj Kumar I.R (A central excise Inspector as on date) and his wife Hemalatha (a govt. school teacher) as their daughter Monisha had a love affair with my son. And my Son used to attend tuitions held by Monisha’s Mother for past 3 years. Later, I came to know that they are the only one who has the illegal custody of my son, Sandesh.  Although I Tried, My complaint against the above said was never lodged by the Sipcot Police Station and Instead I was threatened by an officer who said not to go against them. When I did I lost my job as Raj Kumar I.R informed my company management not to let me allow my Job. I was a Employee at Aankit Granites Ltd.,And was Production Incharge with a monthly salary of Rs.20,000/- And due to Raj Kumar I.R I lost my job, as I took steps against him.

As the Police did not take any sort of steps to trace my son, I, with a prayer many authorities as follows:

Ø  The Sub collector, Hosur

Ø  The  District Collector, Krishnagiri Dist

Ø  The  Assistant Superintendent of Police, Hosur

Ø  The  Superintendent of police, Krishnagiri

Ø  DIG, Salem

Ø  IG, Coimbatore

Ø  DGP, Chennai

Ø  CM- CELL, Tamil Nadu

But there was no response of any kind from them. And my FIR against Raj Kumar I.R and Hemalatha wasn’t lodged and no action was taken.

When I met the DIG, Salem, he in front of me ordered the Superintendent Of Police, Krishnagiri through phone and signed in the petition of mine stating ‘ to alter the case to a kidnapping case and to arrest the accused’, but for some reasons, SP, krishnagiri didn’t do as directed.

Prayer to the MADRAS HIGH COURT to produce my son:

In the Month of December of 2011, I had to file a Habeas Corpus Petition (1908/2011) at the madras High court, as I had no alternate way. I shed all my hopes at the High Court. In the Earlier Prosecutions, first the case was directed to the JSP of Hosur, R.V Ramyabharathi, who stated in her status reports that she is looking for my son and also having a close watch at the Under Suspects. Then, the case was directed to the Superintendent of Police, Krishnagiri, Abhishek Dixit, who tried to close the case with an ulterior motive to save Raj Kumar I.R and Hemalatha.

WRONG JUDGEMENT, DENIED JUSTICE:

                                                       When the Matter came up for hearing on 25 June 2012, Additional Public Prosecutor, Govindarajan informed the Division bench comprising Justices KN Basha and P Devadass, that a skull had been recovered and that it would be sent to the Forensic department for Analysis and Scientific Investigation. And the Bench declared my son dead and altered the case to Section 174 of CrPc, without knowing the truth and without any kind of approval from my side. The next hearing was posted to July 9 2012 for the final report of police. The DNA tests were conducted only on 29 June 2012. I always co-operated with the police and give my blood samples knowing the truth that the skull recovered was not that of my son’s but the police never had a co-operation with us.

FALSE CLAIMS BY THE POLICE:

The Claim made by the police is entirely false. The Skull, which was recovered belongs to a 40 year old whose body was found on 24 October 2011 in a lake at Hosur and a Case was Registered at the Sipcot Police Station (FIR: 374/2011) as a un- identified body. The case was registered at the same Police station where my case is lodged. The skull recovered by the police is not my son’s at all. And also, The SP, Abhishek Dixit always harassed me and my family stating that my son is dead, which is entirely false. And earlier, when the case was directed to the SP, the ID marks of my son were very often replaced with the false ones at the TN police website, without my knowledge.

All this incidents prove a sign of danger to my son.

A RAY OF HOPE:

On 11 July 2012, the Division bench comprising Justices KN Basha and P Devadass ordered the transfer of the Investigation to CB-CID.The bench issued the following order as in the Order copy.

(1)    The Additional Director General of Police, CBCID, Chennai is hereby directed to nominate a competent officer not below the rank of Deputy Superintendent of Police to take up the further investigation in this case within a period of ten days from the date of receipt of a copy of this order and also intimate the first respondent about the nomination of the said officer.

(2)    The First Respondent, in turn, on receipt of the intimation from the Additional Director General of Police, CBCID, Chennai, shall hand over the entire records relating to the Crime Nos.368/2011 and 374/2011 to the said nominated officer within a period of seven [7] days from the date of receipt of the said intimation.

(3)    The Said Nominated officer shall take all efforts to expedite the investigation and complete the same as expeditiously as possible and shall file a final report, more particularly, within a period of three months from the date of receipt of the records from the first respondent.

(4)    Post the matter after three months.

This order was issued on 11-07-2012 for the HCP 1908/2011.

FADING HOPES AND LOSING FAITH, DELAY IN STARTING THE INVESTIGATION BY THE CB- CID:

I received my copy of the order. Although the Copy of the order was made ready and sent it to Additional Director General Of police, CB-CID but there was no response. When I enquired through phone and went personally at the Office They said that they haven’t received the Copy of the Order and were Helpless until they had the Order copy. I also sent a copy of the order to the ADGP, CBCID Chennai by mail but they said that would accept the one which is only from the Court. And there was no response from two [2] Months. The Investigation of the case came to stand still.

As there was responsible from CB- CID, I filed a petition again in the Madras High court C on September 3. The petition SR no: 36968 with serial 11 and the proceeding are awaited. On September 5, an Officer from CB CID called me to inform that he was the nominated officer. When asked, he said he was the nominated only on September 4. When I questioned the reason for delay, the reply that it could be due to ‘Administrative’ reasons. The officer appointed was Rajesh, DSP, Krishnagiri- Salem, CB –CID and Vijayraghavan, Inspector CB CID, Krishnagiri unit. In this case, Each and every moment is precious and one’s life at risk, but the CB- CID started their investigation after two [2] months from the date of order passed. By facing all these problems, I have no more belief in State Police and the CB CID of the state.

I  stay here in hosur with my wife and two children. Both of my sons study at Maharishi Vidya Mandir, Sipcot, Hosur, Elder son Sandesh in +1 and the younger Sandeep in 9th Standard. We all were leading a decent happy life but now, we are just helpless. There’s no trace of my son yet.

I hereby end this hopefully written Petition, believing that a CBI Investigation is ordered to my Son’s Case, to trace my son Sandesh Immediate. And Take Necessary Actions against the people for their wrong doings.

[SUSHIL MANDAL]

for more information contact- sushilm_8888@rediffmail.com and
Contact number’s are 09486071246, 09629676704.

 

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