I think it is high time we changed our strategies in fact-finding like sending a prior written request to the govt. officials for the interview.- V.P.SARATHI
On Aug 18, 6:49 am, "Henri Tiphagne" <[email protected]> wrote: > Thanks Sudha and all others who have been providing us solidarity. May I > appeal that all of you - each one of you who receives this mail - also > become a member of Human Rights Defenders Alert - India (HRDA- India) a body > that aspired to work for the security and protection of all HRDs in India > and provide all necessary assistance through our common support. Gradually > we will also be building this into a body at the state level so that the > smallest HRD in the remotest area of our vast country is able to rely on > your solidarity. Those of you who are willing, to do so, kindly do reply to > [email protected], so that your name could be taken on to the list and > you will be approached for solidarity in each case of HRDs under distress > in the country. > > Here is my reply now : > > 1. It is high time we start a campaign against the Magistrate's blindly > remanding the accused produced before them. While the police is a human > rights abuser, the failure of the Magistrates not applying their minds and > routinely remanding those produced before them is the rule and not an > exception. The police is a known human rights violator, but the Magistrates > are not less than the police by abdicating their responsibilities. HPT: I > fully agree. In this case the magistrate before whom they were produced knew > fully well that the accused being produced before him had not at any time > been read out the FIR or the reasons for which they were being arrested or > even been informed of the same. It is in these circumstances that he reads > it out to them and also equally surprisingly watches the complainant - the > woman sub inspector present putting her down since she is the one who > detained them in the PS stating that she had ordered a coffee for them while > they were actually no the way out of the PS. Even then the Judicial > Magistrate did not pull them up or even question them even after listening > to our Bharathi Pillai who is one of the accused and who is remanded. This > is at 11.45 PM in his house and he did not even ask the police producing the > accused how they detained or entertained any woman so late in the PS. The JM > also did not ask the police brining the accused for remand why there was any > cause for arrest in this case - how the arrest was required as per the > decision of the judgement of the Supreme Court in Joginder Kumar's case. > Hence I really feel that once we are out on bail, then we shall ensure that > we challenge this JM's action after getting your opinion etc. The JM > definitely needs to be targetted. In this case he knows all the facts and > inspite of this he posts the bail petition on Wednesday although it was > filed on Monday the first thing at 10.30 Am when the court opened. It was > taken up at 1.30 PM and he stated that he would definitely release then on > bail but only after giving notice to the police and posting it to Wednesday > because the court procedure so far followed in Cheramahadevi had to be > followed or other wise the Bar would be upset that the procedure that he had > been meticulously following is not followed in this case. !!! Hence we have > to wait till today for the bail to be taken up and the persons in custody > have been inside for three days for no fault of theirs on a false case filed > by the police. I feel like stating this in detail to the CJ in a separate > petition on the quality of justice being delivered by their JMs with the > experience in this case after getting all this recorded from Bharathi Pillai > and the others. > > 2. The media too seems to be interested propagating the idea that grant of > bail or anticipatory bail is a wrong signal and as if it means the accused > are acquitted. HPT: Fully agree. At least in this case so far the media has > not highlighted the police version vulgarly as is always done. > > 3. The grounds on which bail and anticipatory bails are denied are also not > on sound legal grounds but on factual accusations made out in the FIR. It is > high time we give these people some insights in Joginder Singh's case and > the need for bail and not jail be the rule. HPT: Let me know your mind on > this because this has to be challenged. The UN HCHR in Geneva has also > spoken to the Indian Ambassador on this case yesterday. But KGB did not have > time to meet a delegation which wanted to meet him and brief him about this > case yesterday. Henri > > Regards, > > Sudha > > On 17 August 2010 17:38, Vasanthi Devi <[email protected]> wrote: > > Dear Henri, > I am furious, apart from being very concerned about the state of the five > arrested hr defenders. Have you gone to the media in a big way, press > statements, a report in Dinamani and the Hindu, NDTV-Hindu? Please keep me > informed of developments. > Vasanthi Devi > > On Mon, Aug 16, 2010 at 11:12 PM, rajagopalan ss <[email protected]> > wrote: > > Since the Tamilnadu Govt turns a blind eye to all atocities against Dalits, > it is certain that this has all the blessing of the DMK Govt. Dalit > organisations need the support of all to safeguard their fundamental rights. > > My whole-hearted support to all steps taken and proposed. > > s.s.rajagopalan > > _____ > > From: [email protected] > To: [email protected]; [email protected]; [email protected]; > [email protected]; [email protected]; > [email protected]; [email protected] > CC: [email protected]; [email protected]; [email protected]; > [email protected] > Subject: [bharat-chintan] Urgent Appeal - Ccase of 5 Dalit Foundation HRDs > arrested in India - Your solidarity is requested. > Date: Tue, 17 Aug 2010 06:30:44 +0530 > > An Urgent Appeal for solidarity > > Five Human Rights Defenders ( including three women ) of Dalit Foundation ( > India) arrested and remanded to judicial custody on false charges on India's > 64th Independence Day ( 15th August 2010 ) in Tirunelveli District of > Tamilnadu. Henri Tiphagne, Executive Director of People's Watch has also > been identified as an 'absconding accused' by the police in the same > criminal case. > > Details : > > Dalit Foundation is the first grant making organization in India committed > exclusively to the eradication of caste discrimination and the empowerment > of Dalits and other marginalized communities. It has its genesis in the > search for institutional support by activists and individuals involved in > the Dalit communities’ struggle for equality. It was felt that setting up a > foundation to focus on segments living in extreme poverty and facing acute > caste-based discrimination, would accelerate the process of change in the > lives of Dalit communities. > > The mission of the Dalit Foundation is to eradicate caste-based > discrimination and atrocities, and to ensure equality and equal rights for > all. The Dalit Foundation specially focuses on the doubly marginalized Dalit > women, and the manual scavengers who occupy the lowest rung of the caste > hierarchy. > > The objectives of the Dalit Foundation are to: > > (1) Create public understanding on the situation of Dalits and their right > to equality; (2) Promote exemplary Dalit leadership to address the issue of > social justice; (3) Promote Dalit art and culture for development and > empowerment of Dalits; (4) Promote Dalit women leadership; (5) Eradicate > untouchability, social discrimination and caste-based atrocities, with a > special focus on Dalit women; (6) Provide support for livelihood - minimum > wages, education, health, housing and insurance for laborers in the > unorganized sector; (7) Protect rights over land, water bodies, villages, > forests and other means of production; and (8) Create public understanding > and a favorable public opinion. > > The Dalit Foundation, along with it partners, focuses on the eradication of > all manifestations of caste discrimination and other related Dalit issues. > Their current outreach encompasses the issues of caste violence, eradication > of manual scavenging, enhancement of Dalit women leadership, rights over > natural resources, health and education. The aim is to support and > encourage Dalit leaders working to create a public understanding of > equality, rights and dignity. > > Through the Grants and Fellowship Programme, Dalit Foundation provides small > grants to individuals and organizations working on the issues of advocacy, > education, self- governance and the enhancement of Dalit women leadership. > In 2009-2010, Dalit Foundation supported 172 individuals and 33 > organizations of which 76 were women or women headed organizations, across > 17 states in India. > > The Foundation serves as not only a funder but also partners with the > grantees and fellows, throughout the period of association in enhancing > their capacity. For the aforesaid purpose, our partners attend frequent > workshops that focus on perspective building, internalization of Dalit > ideology and other training programmes stressing on strategy, leadership, > advocacy work, impact assessment, self governance and linkages with other > donors. These workshops also serve as common platforms for the partners to > come together, share their views and form an informal network, thereby > fostering solidarity in the Dalit Movement. > > In order to meet our objective of promoting exemplary Dalit leadership, > Dalit Foundation also provides fellowships young Dalits activists through > the Young Professionals Programme to cultivate a cadre of young Dalit > leaders. They are provided exposure to the grassroots and their potential as > leaders is enhanced thorough intensive trainings over a period of 2 years. > Another programme designed to strengthen the Dalit Movement among > professionals and students is the Professionals Programme whereby > fellowships for 1 year are provided to Dalit professionals from the fields > of law, medicine and journalism. > > Dalit Foundation also aims to build a positive Dalit identity on the > foundations of a positive Dalit culture. Thus, in order to promote Dalit > arts, the Foundation also provides fellowship support to Dalit artists. > > Recently, in order to nurture young leaders to ensure the sustainability of > the Dalit Movement, Dalit Foundation launched a new programme called > Identifying and Nurturing Young Dalit Leaders whereby the Foundation will > identify Dalit children up to the age of 16 who have displayed leadership > potential and will support them through scholarships and capacity building > programs. Their most recent endeavor towards our objectives is the Senior > Dalit Activist Program, with objective of developing Dalit leaders who work > at the grassroots level and directly impact the community in their area. The > Senior Dalit activists will supported through fellowships for 3 years. The > Dalit Foundation is a registered Charity and has as its Present Trustees the > following persons : Mr. Gagan Sethi ( Gujarat) - Chairperson, Mr. Martin > Macwan ( Gujarat) Dr. Syeda Hameed , (Member, Planning Commission of India , > New Delhi ) Dr. Ruth Manorama ( President, National Alliance of Womens > Organizations - NAWO) Mr. Henri Tiphagne, ( Executive Director of People's > Watch and Member, National Core Group of NGOs of NHRC of India ) Ms. Marie > Thekekkera ( Free Lance Journalist ) Ms. Kamala Bhasin ( Human Rights > activist of South asian repute ) > > People's Watch, which is an internationally recognized NGO that has been > actively engaging itself in the protection and promotion of human rights in > Tamil Nadu since 1995; and has now, after 15 years of work, expanded its > concerns throughout the country. The vision of Peoples Watch has been to > create a society free from human rights violations and discrimination by > cultivating a human rights culture through the participation of a > pluralistic society. Its mission is to create a visible and measurable human > rights culture in India. Mr. Miloon Kothari ( Former Special Rapporteur of > the UN on Housing ) and Mr. K.R. Venugopal IAS ( Retd) Former SR of the NHRC > India ) are also the Trustees of People's Watch. > > Towards the above end, Peoples Watch has formed Units and charted out > different programs. Human Rights Monitoring is primarily done through > scientific fact findings, gathering information regarding cases of human > rights violations through primary sources, most important of all, through > the victims themselves and reaching out directly to the organization and > through secondary sources. Women’s rights will be a new area of > concentration as well. > > As human rights monitoring alone cannot render justice or give answer to > human rights violations, People’s Watch undertakes legal interventions in > issues taken up by it in the various fora for legal justice. These legal > interventions are in the courts and commissions within the State of Tamil > Nadu and at the national level. Interventions are also made at the > international level by seeking support and solidarity of various credible > human rights organizations and approaching the UN mechanisms available for > highlighting issues of human rights violations in India. > > Peoples Watch has also established a Helpline to help victims of human > rights violations. The Helpline of our organization is available at any > time, day and night. The aim of the Helpline is to give immediate assistance > to affected persons, regardless of what they have suffered. > > Peoples Watch also promotes Human Rights Campaigns to render support and > solidarity to a number of issues and campaigns that were not initiated by > them. It is part of a leading campaign in India. Realizing the need to take > the initiative in the issue of torture, the organization hads also started > the Campaign Against Torture in Tamil Nadu. The Campaign Unit conducts a > cultural yatra against torture each year centered on the International Day > in support of Torture Victims which culminates in a cultural night. > > Peoples Watch has also formed Citizens for Human Rights Movement (CHRM). > Through the growth of over 1800 locally-based cells covering over 130 > taluks, a growing number of individuals are engaged in human rights > monitoring, intervention and awareness-building across the state. They > become part of Citizens for Human Rights Movement that engages women and men > from a broad spectrum of society’s political parties, movements, castes, > religions, trade unions, civil society groups, human rights defenders and > others. Grounded in their shared commitment to the values of human rights, > these coalitions attract tremendous grass-roots support and form taluk, > district and state committees with male and female coordinators to lead. > People’s Watch provides appropriate leadership training, runs workshops and > refresher courses for human rights defenders, and supports this Citizens for > Human Rights Movement in any way necessary to sustain its ongoing > effectiveness. > > People’s Watch also runs a Rehabilitation Centre for Victims of Domestic > Violence and Torture (RCTV). Around the year 2000, People’s Watch became > acutely aware that survivors of terrible atrocities need physical and > emotional rehabilitation. The Organization deals with victims from a > multi-dimensional approach whereby the victims are integrated back into the > mainstream society with the help of medical, educational and economic > assistance provided by the organization. Two rehabilitation centers have > been established in Madurai and Mettur, each able to serve victims from > several surrounding districts. They provide protective temporary shelter, a > safe place for victims to share their stories and therapeutic psychological > counseling for individuals, families and groups. The goal is to enable > victims regain self confidence and freedom from the post traumatic stress > disorder from which so many of them suffer. > > Peoples Watch also has a media unit, a documentation centre, publication > unit etc. and through an Institute of Human Rights Education (IHRE) for > promotion of and education on human rights to human rights defenders, > school and college students etc. The IHRE also conducts training programs at > the state national and international levels. One such program that the IHRE > of People's Watch had planned and was executing recently was the Training > on Dalit Human Rights Monitoring organized by the IHRE of People's Watch for > Dalit Foundation in Pillar House, Nagamalai Pudukottai from the 11th to the > 20th of August 2010. The participant at this program were 61 persons from > different states in India, namely, Uttar Pradesh. Uttaranchal, Maharashtra, > Orissa, Andra Pradesh, Karnataka, Kerala and Tamilnadu. There were also > some participants specially drawn from the CHRM unit of People's Watch in > Tamilnadu attending this program. > > This training program contained three parts - the first being an input > session of 4 days ( 11th to 14th August ) the second being a field > component of 2 days ( 15th and 16th August ) and the final part being the > reflection part of 4 days which would concentrate on skills in report > writing, human rights advocacy and lobbying. The schedule of the training > program and the schedule of the thirteen different teams from the training > program that went on a field experience of 'human rights fact finding' are > both attached as Appendix I and II to this document. > > As per the above program, one of the fact finding teams consisting of Mr. > Gnana Diraviam (40) S/o Saminathan of Poonganagar, Thirupuvanam, Sivagangai > District, (2) Mr. Anandan (25) S/o Palani of Anbu Nagar, Manamadurai, > Sivagangai District (3) Ms. Bharathi Pillai (26) D/o Thanu of 6, Vallabai > Road, Chockikulam, Madurai District, (4) Ms. Niharga Priya (28) D/o > Sitharamiah of Tumkur District, Karnataka State and (5) Ms. Sudha (22) D/o > Thamalammal of Davengere District, Karnataka State visited Veeravanallur on > the basis of information received about the tortured Suresh, a dalit youth > from Veeravanallur, Ambasamudram Taluk, Tirunelveli District by the police > officials of Veeravanallur Police Station. The above fact finding team then > proceeded to Veeravanallur PS at about 06.30 PM to obtain the statement of > the police officials. At that time, the Sub Inspector of Police was not > available in the PS. This information was received through the writer in the > PS. The fact finding team then obtained the telephone number of the Sub > Inspector and walking out of the PS. At that time, another woman Sub > Inspector, Ms. Ms. P. Roswin Savimo, was coming towards the PS. She > immediately recognized Mr. Gnana Diraviam, one of the members of the fact > finding team who was known to her earlier during her tenure in the > Thirupavanam PS near Madurai but located in Sivagangai District where Mr. > Gnana Dirvaviam also works on the human rights field. So he went into the PS > accompanied by the other members of the fact finding team into the Sub > Inspector's room. The woman Sub Inspector immediately invited all the team > members - due to her acquaintance with Mr. Gnana Diraviam to also have a > coffee with her and ordered the Constable in the station to go and buy the > coffee. It took a long time for the Constable who went to return since the > coffee shop is located almost a kilometer away and while they were waiting > for the coffee to arrive the, Mr. T. Murugesan, the Inspector of Police of > Mukudal PS and in-charge of Veeravanallur PS at that time arrived to the PS. > On seeing the team sitting with the woman Sub Inspector of Police he called > the members of the fact finding team who exactly they were. The fact finding > team shared with them in detail and told them about their training program > and the fact that they were on a field visit to learn skills in human rights > fact finding and that they had visited the PS only to receive the versions > of the police in this case of torture of Suresh by the police constables, > Murugan and Kaliappan. The Inspector of Police then started gradually > addressing the fact finding team in the singular and threatened them to > produce their I. D. cards. The members of the fact finding team replied to > him politely and explained to him totally unaware of any hidden design in > the Inspector's statement. They told him about Dalit Foundation and its > national level training program. They told him about the fact finding work > related to the training program and gave him the training manual that had > been used for the training program which was in two volumes and contained > pages in all. Incidentally the training manual also contained in each volume > at the back cover the details of Dalit Foundation and People's Watch - with > their complete addresses and communication details. A copy of the front > page, content page and the back cover page of both the volumes of the manual > have been enclosed along with this report as Appendix III. > > As the Inspector of Police was questioning the members of the fact > finding team and also reading in detail the training manual , he also went > out of his room no a few occasions to make and receive phone calls. But the > members of the fact finding team did not smell any trouble ahead for them > during this entire hour or so of his interaction with him. They did not even > suspect that this was a tactical delay effort on the part of the Inspector > of police and genuinely believed that he was only verifying their details . > > It was only about 9.30 PM that Mr. Ramu, the Deputy > Superintendent of Police of Ambasamuthram arrived and then the team members > started feeling that the attitude of the police was gradually changing. > They were asked to move into another room where there were chairs put for > each of them and without their immediate knowledge they found that there > were about three constables placed sitting outside that room guarding them > from outside. It is at this stage that the women members of the team then > got up and told the DSP that they would prefer to leave now since they had > waited for a very long time for the information related to the case of > torture of Suresh and they were even willing to come the following day if > they were willing to give any information to them. It is at this stage that > the DSP spoke rudely to them stating that this was a government office and > that they could come and go whenever they wanted and that they had to remain > there since they had to be enquired thoroughly. It is then that the members > of the team then started suspecting that there was something fishy taking > place and called Mr. Pandian one of the Program Assistants assisting in the > training program. Seeing Diraviam make this call, the Inspector of police > then started seizing the mobile phones from the fact finding team members. > The Inspector of Police then also started treating them indecently. They > kept all the women and men human rights defenders in the police station up > to 11.00 pm. while the police were engaged in taking each of them to a > separate room to get their identification marks. > > The police then foisted a false cases under Crime No 161/2010 of > Veeravanallur PS Under Section 170, 353, 416 and 506(i) of the Indian Penal > Code. > > Section 170. Personating a public servant > > Whoever pretends to hold any particular office as a public servant, knowing > that he does not hold such office or falsely personates any other person > holding such office, and in such assumed character does or attempts to do > any act under colour of such office, shall be punished with imprisonment of > either description for a term which may extend to two years, or with fine, > or with both. > > Section 353. Assault or criminal force to deter public servant from > discharge of his duty > > Whoever assaults or uses criminal force to any person being a public servant > in the execution of his duty as such public servant, or with intent to > prevent or deter that person from discharging his duty as such public > servant, or in consequence of anything done or attempted to be done by such > person in the lawful discharge of his duty as such public servant, shall be > punished with imprisonment of either description for a term which may extend > to two years, or with fine, or with both. > > Section 416. Cheating by personation > > A person is said to "cheat by personation" if he cheats by pretending to be > some other person, or by knowingly substituting one person for another, or > representing that he or any other person is a person other than he or such > other person really is. > > Explanation. -The offence is committed whether the individual personated is > a real or imaginary person. > > Section 506. Punishment for criminal intimidation > > Whoever commits, the offence of criminal intimidation shall be punished with > imprisonment of either description for a term which may extend to two years, > or with fine, or with both; > > If threat be to cause death or grievous hurt, etc.: -And if the threat be to > cause death or grievous hurt, or to cause the destruction of any property by > fire, or to cause an offence punishable with death or 1[imprisonment for > life], or with imprisonment for a term which may extend to seven years, or > to impute, unchastity to a woman, shall be punished with imprisonment of > either description for a term which may extend to seven years, or with fine, > or with both. > > Having received information from Diraviam at about 9.45 PM that they were > being detained, the Program Assistant of the training Mr. Pandian > immediately informed this to Mr. Henri Tiphagne who was actually traveling > back in his car from Nagercoil after a meeting of Persons with > Disabilities that he had addressed there that evening and earlier in the day > a meeting on human rights at the St. Xavier's College, Palayamkottai. All > efforts that were made by Mr. Pandian and Mr. Henri Tiphagne and the staff > of the Tamilnadu unit of People's Watch to contact the Veeravanalur Police > station or the Inspector of Police Veeravanallur or the Superintendent of > Police of Tirunelveli turned totally useless with all of them either > refusing to pick up calls , or picking up calls and then shutting them off > abruptly. The team members in custody were never told that they were being > arrested, they were never shared at any time in the PS what was the case > that was being hoisted on them; they were never told who had preferred a > complaint against them etc. Thus the ' arrest' and their 'remand' were all > totally contrary to the provisions the DK Basu guidelines of the Supreme > Court of India which mandated that every person who was arrested was > informed at the time of his / her arrest the reason of the arrest etc. > > It was only Mr. S. Ganesan the Regional Human Rights Co-ordinator > of People's Watch from Tirunelvei who then traveled to Veeravanallur only to > be informed that the accused had by then been transported to Cheranmahadevi, > to the house of the Judicial Magistrate for being remanded to judicial > custody. As Mr. S. Ganesan was leaving Tirunelveli to Veeravanallur, he had > also asked one of the members of the CHRM unit of People's Watch in > Veravanallur, Mr. Chithirai Selvan to go to the Veeravanallur PS and meet > the fact finding team members in custody at the PS to find out exactly what > had happened to them since there was no phone or mobile communication > possible with the PS or the team members or for that matter any superior > authority. When this CHRM member from Veeravanallur unit of the CHRM reached > the PS, the Inspector of Police immediately also took him inside the PS but > did not allow him to meet the 'accused'. Instead the police made him sign > some papers in the PS without telling him what exactly they were and then > asked him to get out of the PS immediately. > > The team members were then taken by Inspector of Police, > accompanied by Sub Inspector Mr. Murugan ( one of the 'perpetrators' who had > allegedly tortured Suresh and remanded him to judicial custody - the case > that the team had actually come to enquire ) the Woman Sub Inspector of > Police in a TATA Sumo vehicle and produced before the Judicial Magistrate in > his house at about 11.45 PM. One of the 'accused', Bharathi Pillai then > explained in detail for over 20 minutes what exactly had happened to them > and also that they were totally unaware of what the case registered against > them was. It was only when the Judicial Magistrate read out to them the > complaint that had been registered against them and the provisions of the > IPC under which they were being remanded that did the 'accused' understand > that the complainant in the case was none other than the woman Sub > Inspector of police who had initially ordered the coffee that they never > found the time after the arrival of the Inspector of Police to the PS. When > the Judicial Magistrate read the complaint in the FIR, the Sub Inspector of > Police who was also present there put her head down in shame indicating for > the first time to the 'accused' that she had been doing this totally against > her will and upon the instructions of her superior officers. From there they > were then taken to the hospital for medical examination and finally the > three women activists were sent to the Kokarakulam Women Sub Jail in > Tirunelveli while the two men were taken to the Ambasamuthram Sub Jail. > They were remanded finally only at about 2 AM or so. > > The copy of the complaint in Crime No 161 / 2010 of Veeravanallur PS is as > follows : > > From > > Ms. P. Roswin Savimo > > Sub Inspector of Police > > Veeravanallur Police Station. > > To > > The Inspector of Police > > Mukkoodal Police Station. > > Sir, > > I am working as a Sub Inspector Police in Veeravanallur Police > Station (PS). At 08.00 PM on 15-08-2010 (Today) I was on duty. At that time, > the following persons whose names and addresses I have been obtained later, > entered into the PS without any government order or prior notice. They are > (1) Gnana Diraviam (40) S/o Saminathan of Poonganagar, Thirupuvanam, > Sivagangai District, (2) Anandan (25) S/o Palani of Anbu Nagar, Manamadurai, > Sivagangai District (3) Bharathi (26) D/o Thanu of Vallabai Road, > Chockikulam, Madurai District, (4) Niharga Priya (28) D/o Sitharamiah of > Tumkur District, Karnataka State and (5) Sudha (22) D/o Thamalammal of > Davengere District, Karnataka State. They told me that they were coming from > a human rights organization with a government order but came to the police > station without any order from the government or prior intimation and stated > that they wanted to enquire me. Moreover they told me that the police had > registered a case under the goondas act against Suresh of Kottai Vasal > Street, Veeravanallur. They also wanted the documents related to this > incident. They had not produced any I.D.cards, but they told me that they > were government employees. They demanded from me in a threatening voice to > produce the documents related to the cases in the police station. I asked > all of them to show me their I.D. cards. They told me that they were not > having I.D.cards. They did not allow me to carry on with duties and they > threatened me about my non-reply for their query. They continued > threatening me. When I asked them about their identity, they did not reply > to me correctly. They gave me their wrong addresses for each person. It was > only then later that they gave me their correct addresses. Hence, when I > was on duty in Veeravanallur PS, these five persons entered into the PS and > came to my room without any prior notice. They obstructed me from doing my > duties. They did not show me their I.D.cards. Although they were not > government employees, they impersonated as government employees and > threatened me stating that we were arresting several persons under the > Preventive Detention Act and torturing them in the PS. I request you to take > suitable action against them. More over, they have told me that they had > come here only under the instructions of Mr. Henri Tiphagne of Madurai. > > Remand Report > > As per the instructions of the absconding accused Henri Tiphagne, the five > accused came into the police station without any prior permission and not > obtaining permission from the sentry, Naranayan, 552, Head Constable. They > entered into the room of lady sub inspector and told that they were > government employees. ........ > > Cr.161/10 of Veeravanallur Police Station > > The Accused: > > 1. Gnana Thiraviam, 40/10, S/o Saminathan, 1/5C, Poonganagar, > Thirupuvanam, > > 2. Bharathi, 26/10, D/o Thanu, No.6, Vallabai Road, > > Chockikulam, Madurai District. > > 3. Anandan, 25/10, S/o Palani, 102, Anbu Nagar, > > Manamadurai. > > 4. Nisharkapriya, 23/10, D/o Sitharamiah, Tumkur District, > > Karnataka. > > 5. Sudha, 22/10, D/o Thamalammal, Davankere District, > > Camp at Madurai. > > We wish further to state that a detailed statement of what exactly > happened in the Police station has been requested from the accused in > judicial custody and as soon as that is obtained shall also be forwarded. > Bail was moved on their behalf yesterday by advocates of People's Watch > before the Judicial Magistrate Cheranmadevi and notice has been issued to > the Police to respond since this is a non bailable case. It will come up > again for hearing on the 18th morning for hearing after which only we will > know if bail will be granted or not. > > We wish to bring to your kind attention that this is clear case of > human rights defenders who were under going a human rights education > training as dalit human rights activists who were falsely charged and > illegally arrested and remanded to judicial custody for no fault of theirs > at all. The NHRC had issued guidelines on arrest and the same are enclosed > as Appendix IV. > > The guidelines clearly read as follows : > > Ø Arrest in cognizable cases may be considered justified in one or other of > the following circumstances : > > (i) The case involves a grave offence like murder, dacoity, robbery, rape > etc. and it is necessary to arrest the suspect to prevent him from escaping > or evading the process of law. > > (ii) The suspect is given to violent behaviour and is likely to commit > further offences. > > (iii) The suspect requires to be prevented from destroying evidence or > interfering with witnesses or warning other suspects who have not yet been > arrested. > > (iv) The suspect is a habitual offender who, unless arrested, is likely to > commit similar or further offences. [3rd Report of National Police > Commission] > > Ø Except in heinous offences, as mentioned above, an arrest must be avoided > if a police officer issues notice to the person to attend the police station > and not leave the station without permission. ( Joginder Kumar’s case (1994) > SCC 260). > > Ø The power to arrest must be avoided where the offences are bailable unless > there is a strong apprehension of the suspect absconding . > > We also wish to state the above guidelines have not been followed > in this case since there was no reason for arrest of the team members. This > is a clear case of the police arresting the human rights defenders on a > totally false complaint from the woman SI of the PS only because they dared > enquire the case of torture by the serving Sub Inspector of the same police > station, Mr. Murugan in a fact finding. The complaint of impersonation is > totally false because that did not take place at all. Arrest has not been > called for at all in this case, let alone any criminal act on the part of > the HRDs. > > We also wish to state that the urgent appeal or action at your end > should be forwarded to the following authorities : > > 1 > > Justice Shri K.G. Balakrishnan > > Chairperson, National Human Rights Commission, > > Faridkot House, Copernicus Marg, New Delhi-110001,India > > Tel.No. 23384012 Fax No. 23384863 <mailto:[email protected]> [email protected] > > <mailto:[email protected]> [email protected] > > 2 > > The Chairperson, State Human Rights Commission, > > “Thiruvarangam”, 143, P.S.Kumarasamy Raja Salai, > > (Greenways Salai), Chennai 600 008 > > Phone : 91-44-2495 1484 Fax : 91-44-2495 1484 > > [email protected] > > 3 > > Dr. Kalaignar M Karunanidhi, Chief Minister of Tamil Nadu > > Secretariat, Fort St. George, Chennai 600 009 > > 91-44-25665566, <mailto:[email protected]> [email protected] > > 4 > > Ms. Latika Saran I.P.S., Director General of Police > > Office of the DGP, Kamarajar Salai, Mylapore, > > Chennai 600 004. [email protected] > > Ph: 044-2844 7777, 2844 7755, Mobile : 9444077553 > > 5 > > Mr. K.P. Shanmuga Rajeswaran IPS, > > Deputy Inspector General of Police, O/o The DIG, > > Tirunelveli Range, Tirunelveli. Tamilnadu > > Phone: 0462-2568031, Mobile: 9442128584 > > 6 > > Mr. Ashraf Garg IPS, > > Superintendent of Police, > > O/o The Superintendent of Police, > > Tirunelveli, Tamilnadu > > Phone: 0462-2568020, Mobile: 9445300002 > > -- > Best Regards, > Sudha Ramalingam > > Off: Husain House, 7 Kondi Chetty Street, Chennai - 600 001. > Ph: +91 44 25392464 > email: [email protected] > Res: 21 Tamil Street, Padmanabha Nagar, Choolaimedu, Chennai - 600 094. > Ph: +91 44 23613751 -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send an email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB.
