March 2007

EU-FNSt-PW NATIONA PROJECT ON PREVENTING TORTURE IN INDIA
FROM PUBLIC AWARENESS TO STATE ACCOUNTABILITY

State unit - Uttar Pradesh
Monthly Report of March, 2007

Detail of Court Intervention:-

Case name :Ali Hussain @ Toofani vs Chandrakant Singh & others
Court case no : 69/07
Court’s name : Judicial Magistrate I vns
Police Station : Phoolpur vns
Under section : 323/504/506 IPC
Victim’s name : Ali Hussain @ Toofani
P/o Kuwar Bazar Ps Phoolpur, Varanasi
Accused Name : 1. Chandrakant Singh
Sub-Inspector –Kathiraon
Ps Phoolpur
2. Constable Shashibushan Singh
Kathiraon Ps Phoolpur, varanasi
D/occurrence : 2.7.06
Brief case history : Ali Hussain @ Toofani 62 years old man was on his shop.
On 2.7.06 about 3:30 Pm. Sub-Inspector Chandrakant Singh and constable Shashibhushan Singh came and demanded money. When he refused then they beat him and abused. He was medically examined.
Court Intervention : 5.2.07 application sent to SSP Vns. 13.2.07 complaint has
been filed against the accused in court. Case adjourned on 29.3.07 next date is fixed 4.5.07.

Case name : Smt. Hirawati Vs Kallo & others
Court case no : 84/07
Court’s name : Judicial Magistrate I vns
Police Station : Phoolpur vns
Under section : 147/149/323/427/504/506 IPC
Victim’s name : Smt. Hirawati W/o Siyaram
Village Basantpur Ps Phoolpur, Varanasi
Accused Name : Station house officer
Phoolpur, varanasi & 9 others.
D/occurrence :17.2.07
Brief case history : on 17.2.07 about 3:00 Pm. S.O. Phoolpur case along with
village person Kalloo and others at the door of the complainant Smt Hirawati Devi and abused and threatened her. They also demolished the wall of Smt. Hirawati.
Court Intervention : On 20.2.07 application sent to SSP Varanasi.
On 1.3.07 complaint has been filed in the court against the police and others. On 30.3.07 Smt Hirawati has been examined in court 4/3 200 cr.ps. next date is fixed 23.4.07.



Case name : Smt. Prema Pandey Vs Shiva Singh & others.
Court case no : 409/07
Court’s name : Judicial Magistrate II vns
Police Station : Sihvpur, vns
Under section : 323/504/506 IPC. 452
Victim’s name : Smt. Prema Pandey
R/o Chandmari Ps Shivpur, Varanasi
Accused Name : J.P. Singh constable Chandmari Chauki, Vns.
Sub-Inspector Shivpur Chauki Chandmari Vns.
D/occurrence : 17.1.07
Brief case history : Smt. Prema Pandey is a widow. Accused Shiva Singh and
others along with sub-Inspector and constable and others entered into the house of Smt Prema Pandey and beat, tortured and abused her.
Court Intervention : 14.2.07 complaint has been filed against police Sub-
Inspector and constable and others. Case registered and date fixed for the statement 4/3 200 cr.ps. for 21.3.07. On date fixed 24.4.07 for statement.

Case name : State vs Subhash Seth
Misc case no : 77/07
Bail appl.no. :
Crime no. : 3/07
Court’s name : CJM Vns.
Police Station : Ramnagar, vns
Victim’s name : Subhash Seth R/o Ramnagar, Varanasi
Brief case history : Accused Subhash has been arrested by police and tortured.
Court Intervention : 13.1.07 application has been moved in the court of CJM
Varanasi 4/3 56 cr.pc. for medical examination of the accused. Court ordered to the district jail officer for medical examination of the accused. On 16.1.07 another application has been filed for summoning the medical report of accuse from the jail. Order passed by the CJM Varanasi and report has been summoned from the jail.


Case name : Harish Chand @ Bothu
Vs
Sub- Inspector Virender Kumar Mishra & others
Court case no : 253/03
Court’s name : Judicial Magistrate II vns
Police Station : Badagaon, Varanasi
Under section : 323/325/504 IPC
3 (1) (x) SC/ST Act.
Victim’s name : Harish Chand @ Bothu S/o Late Salikram R/o Bhelkha Ps
Badagaon, Varanasi.
Accused Name : 1. Sub Inspector Harahua Chauki, Virender Kumar Mishra.
Ps Phoolpur, Varanasi.
2. Coustable Amar Singh yadav Chauki Harahua , Ps.
Badagaon, Varanasi.
D/occurrence : 25.3.2002
Brief case history : on 25.3.2002 in evening complainant Harish Chand @
Bothu was on the way. Sub-Inspector Virender Mishra and constable Amar Singh Came on a mator cycle. They stopped him and began to abuse him they beat Harish Chand badly. His left leg bone was broker. He was medically examined.
Court Intervention : complaint has been filed against the police personals. They
have been summoned by the court. Summons have been Issued for their appearance. On 24.11.07 we appealed on behalf of the complainant and filed Vakalatnama. Case adjourned for 9.2.07 for appearance 27.3.07 summons issued for appearance through S.P. next case is fixed 27.4.07 for appearance of accused.



Case name : Deepak Yadav
Vs
Ranbahadur Yadav
Court’s name : ACJM Allahabad.
Police Station : Jhoosi- Allahabad
Under section : 323/504 IPC
Victim’s name : Deepak Yadav S/o Dargahi R/o Havelia, Ps. Jhoosi
Allahabad.
Accused Name : Ranbahadur Yadav- Principal K.N.Inter college Ustapur,
Jhoosi, Allahabad.
Brief case history : 24.7.06 in morning about 8:00 Pm when applicant Deepak
went to college for taking transfer certificate. The principal Ranbahadur refused to give him T.C. and abused and beat him. NCR 4/3, 323/504 IPC. Has been registered against the accuse. Applicant has been medically examined.
Court Intervention : Application 4/3 155(2) cr.pc. has been filed for
investigation in NCR No 66/06 4/3 323/504 IPC. court ordered for investigation on 28.10.06.
· Human Rights street Movement


Nearly more than 200 marginalized community’s member, victims and human Rights defenders participated in Human rights street movement on 20th March 2007. They highlighted Supreme Court judgment on right of detainees in case of D.K.Basu through distribution of pamphlet, playing of banner on judgment and speech. We handed over the many applications to magistrate for appropriate action. Some cases as follows:
On 20.3.07 a letter was sent to SSP, regarding police refusing to register a charge sheet in case of rape of a minor girl.
The victim was a minor girl aged 14 yrs. of Belwa village in Phoolpur Police Station at varanasi district of UP. The alleged perpetrators were from bick-clin of Mr. Rajendra Tiwari, Belwa village, Phoolpur police station, Varanasi district, UP. India.

- The incidence accused on 20.2.07 at around 2 Pm.
- The Police failed to register a case against perpetrators on several complaints.
- It was informed that the employee of Mr. Rajendra Tiwari was accused.
- The victims was threatened not to disclose the matter.
- It was informed that probable reason for the police not registering the case is because of influence of Mr. Tiwari on police.
- PVCHR intervened the matter by documenting the matter. Simultaneously approached senior superintendent police through NPPTI urging to put pressure on police officers attached to police station who refused to take action.
- An application of Mr. Ram Bilas has been received in which his brother Mr. Ramesh has been missing from the Tehsil premises (Land Revenue Court)
- It is assumed that he has been picked on the directives of Mr. Kalpnath Ram who had been our opponent and is a influential person.
The matter was reported to S.O. Gorakhnath yadav of police station Robertsganj the application was torn and thrown down. The brother has not been located so far.

Human Rights Street Movement


Essentially, the Human Rights Movement approach is to improve equality in a society by improving the speech capacity of the poorer and the weaker section of the society. Improving their capacity to talk back and thereby creating a two-way discourse in the society is the way the concerns of the weak are brought to social discourse. The more silent the poor and the weak are, the less they will get from society.
Matters of justice depend very much on the capacity of concerned people to un-censor themselves and to speak out constantly. Normally there are many unwritten rules through which people censor themselves. For example, some topics may be considered taboo in some societies or sub sections of societies. For example, as an effect of feudal culture it is often observed that families of hunger victims hesitate and have subjective reservation to express themselves in respect of their acute poverty and hunger situations to which they have been going through.. For example it may be an unwritten rule that some “lower class people” do not talk back to “higher class people”. It may also be that some unwritten rules of censorship are enforced by punishments. For example some groups of people, if they talk about themselves and the wrongs that they bear they will be punished either physically or by other means. In all these instances the capacity to un- censor we is an essential component of seeking justice. When a small group of people begins to un- censor themselves others watch and soon begin to un-censor themselves as well. In this manner taboos invariably dissolve. The initial stages of un-censoring require:
1. Location from which you can break the rules of censorship while assuring protection for yourself.
2. The will to break such rules of censorship.
3. Creating an audience for you, which may at the beginning, is small.
4. Keeping at it day in and day out until taboos slowly begin to dissolve.
Accumulate information and protect documentation. This is a very important area of trying to create a discourse on justice and human rights issues related to Police Torture.

HR street movement is on district H.Q. Memorandum to H.E. President of India for rectification of CAT will handed over to DM and other petition of Individual victims will also give to him. Distribution of pamphlets and banner are creating awareness against torture in larger Civil society. Different stake holders will participate in that.

· Meeting of Victims at Jan Mitra center of Belwa in Model Taluka:
DHRM Prem with the help of PVCHR activists organized the meeting of victims of torture at Jan Mitra Center of Belwa in model taluka. Victims narrated their stories and sufferings. Project is planning the high level human rights campaign with the collaboration of different stakeholders of model taluka.

Advocacy:-
· Mr. Daya Shankar Patel,DHRM,Varanasi of project and Anupam of PVCHR invited by Member of State Human Rights Commission (SHRC).Mr. Daya informed about the project and he raised the police encounter and violation of NHRC guidelines .
· Organized the meeting of different stakeholders on 19 March 07 at Kamesh Hut Hotel, Varanasi.Dr. Bahadur Singh Yadav-member, SC and ST Commission of UP, and Mr.Hari Shankar Singh (advocate)–member, UP Bar Council participated also. After that member of SC & ST commission of UP telephoned to SD that he received many complaints received from project and he took action on every cases.
Other Activities:-

Visit of EU Monitor:

· ND,Mr. Gyanapraksham, Mr. Mohan Panda of FNSt came along with EU monitor between 19-21 March 07. They participated in stakeholders meeting, HR street movement, meeting of victims in Model taluka, and visited the office, talked with staff for participatory evaluation.
· SPC of Bihar organized the meeting of all staff on the request of SD and he gave his observation.

Immediate intervention in case of Human Rights defender:

· A Dalit Human Rights activist Mr. Ram Prasad Bharati was arrested by Sukrut police out post of Mirzapur and was carried to Naugarh police station of Chandauli.While in the way, he was beaten and abused. Immediately the matter was intervened by State Director of project through complaint before NHRC, AHRC and frontline in Irelend.He was released in evening.
http://www.ahrchk.net/ua/mainfile.php/2007/2255/
http://www.ahrchk.net/ua/mainfile.php/2006/1438/

· On the date 21 March 07, there was press conference at police control room of Varanasi about the arrest of two person in case of robbery, in which a journalist Ajay rai who was trained by us related to torture, he raised certain questions which the police was unable to reply and SP (City) went away from the conference. Whereas he informed to SD of project and SD and DHRM filed petition by Fax to SSP and NHRC. On this both arrestees were released. And responsible police official involve in arrest was suspended.