[ forwarded ]

[Link to related petition: 
http://www.change.org/petitions/chief-minister-of-maharashtra-india-release-ferreira-hes-innocent]

http://sanhati.com/articles/4177/

September 28, 2011

[Arun Fereira was arrested in May 2007 for alleged links with Naxalites. Eight 
cases under UAPA were foisted on him. In due time, he was acquitted in all of 
them. On September 23, he was acquitted in the last case, related to the arrest 
of 11 students from Chandrapur on similar charges in 2008, at the time of which 
Arun Fereira was in jail. There were no other cases on him. The following 
letter recounts what happened when he was about to be released on September 27 
- he was abducted by unidentified persons and subsequently his lawyer was 
informed that he had been taken to Purada police station and arrested in Crime 
No. 14/2007 i.e. a case registered in 2007.]

To,

The Police Inspector,
Dhantoli Police Station,
Nagpur.

Complainant:-

1. Adv. Surendra Gadling
2. Adv. Anil Kale
3. Adv. S.P Tekade
4. Adv. Vikrant Narnaware
5. Adv. Anil Koche
6. Adv. Anand Gajbheye

Respected sir,

We the above named complainants lodge a complaint that today dated 27/09/2011, 
in the afternoon at about 2.30 P.M., our client namely. Shri Arun Thomas 
Fereira was to be released from central prison, Nagpur. At the request of the 
mother and brother of Shri Arun Thomas Fereira, we went to central prison 
Nagpur. The mother and brother of Arun Fereira were also present there at the 
central prison. While Shri Arun Thomas Perara coming out of the jail, some 
unidentified persons forcibly pulled him from the jail gate, covered his mouth 
with hands and held him by his neck, dragged him to a numberless Tata Sumo, 
forcibly pushed him inside the Sumo and left the jail premises. All that took 
place before the eyes of the mother and brother of Arun Thomas Pereira. Those 
who abducted him did not assign any reasons. As we are the counsels of Shri 
Arun Fereira, enquired from the police officials namely Shri Rajput, Shri 
Chouhan, Shri Gabne and Deputy Jailor Shri Yogesh
 Patil, about the persons who came to arrest Arun Fereira. Instead of giving 
answers they (along with others) assaulted and threatened us and misbehaved 
with us. They also threatened us that they will arrest us on an allegation that 
we are interfering with the functioning of their official duties. As advocates 
of Arun Fereira, we said that you are violating the directions of the Hon’ble 
Supreme court of India by handing over custody of Arun Fereira to unidentified 
persons, then they held the collars of our shirts and said that they will not 
give any answers and whatever is to be given will give in the court and pushed 
us by saying that they will arrest us.

Prior to this incident we have asked these police officials as to why this 
bandobast in the jail premises. Shri Rajput answered that we came for bandobast 
on the instructions of Deputy Jailor Shri Yogesh Patil, we do not do anything 
on our own. Then we asked Shri Yogesh Patil about it then he said that you all 
do not come near to jail surroundings and if you do so I will take action. Then 
he called some persons who were not in any uniform and asked them to clear us. 
They started pushing and pulling us with brute force by holding our collars.

We therefore request you to investigate into the above incident and take stern 
action against the erring police officials.

Copy to-

* Commissioner of Police , Nagpur
* Administrative Judge, Bombay High court, Nagpur Bench.
* Chairperson, Human rights Commission, Maharashtra State, Mumbai.
* Superintendent, Central Prison Nagpur.

Please note. At about 3.30 P.M. today we went to Dhantoli police station to 
lodge this report (in Marathi Language). There in the police station Shri 
Dinesh Jambre, PSI duty station officer was present. The complaint was handed 
over to him and then we demanded for a receipt as an acknowledgement of the 
receipt of this complaint. He made us to wait saying that he will consult 
senior officials and then issue the same. Though he came twice to police 
station by 6.00 P.M. he did not issue us any receipt saying that our names are 
not properly written. Then we left the police station and sending this 
translated copy along with the copy of the original complaint in ‘Marathi’ for 
necessary action.

-------

http://www.mumbaimirror.com/article/2/2011092820110928034724639595ee852/Arun-Fereira-abducted-by-unknown-persons-outside-Nagpur-Prison-gate.html


Arun Fereira abducted by unknown persons outside Nagpur Prison gate

His lawyers allege that instead of helping, the police assaulted and threatened 
them


Posted On Wednesday, September 28, 2011 at 03:46:55 AM

Mumbai-based alleged Maoist, Arun Thomas Fereira, who was arrested in Nagpur in 
2007 and lodged in Nagpur Central Jail was released on Tuesday but just when he 
walked outside the jail gate, he was allegedly kidnapped by some unidentified 
persons.

According to Fereira's lawyers Surendra Gadling and others, the whole thing 
happened in front of Fereira's mother and brother, who had come to received him.

The unknown persons forcibly pulled Fereira from the jail gate, covered his 
mouth with their hands and held him by his neck. They dragged him into a Tata 
sumo and forcibly pushed him inside and drove away from the jail premises.

After his arrest in May 2007, Fereira was slapped with eight cases under UAPA 
but he was acquitted in all of them.

In 2008, he was implicated in a case where 11 students from Chandrapur were 
arrested for Maoist links.

Though he was in jail at the time, Arun was also added as an accused. On 
September 23, 2011, he was acquitted in this case as well.

When Fereira's counsel Gadling and others asked the police officials - Rajput, 
Shri Chouhan, Shri Gabne and Deputy Jailor Shri Yogesh Patil, about the whole 
incident, they allegedly assaulted them.

Mockery of justice

In their complaint to the Dhantoli Police Station, Gadling has stated that the 
police threatened to arrest them as well. "They will arrest us on an allegation 
that we are interfering with the functioning of their official duties," the 
complaint states.

When Fereira's lawyers pointed out to the errant cops that they were violating 
the directions of the Supreme Court by handing over Fereira to unidentified 
persons, then they held their collars and said that they will not give any 
answers.


------


http://www.dnaindia.com/mumbai/report_lawyers-fume-over-arun-fereiras-re-arrest_1592855

Arun Fereira's mysterious re-arrest has exposed the state's complete disregard 
for human rights yet again. His lawyers, who were manhandled by police outside 
the Nagpur Jail on Tuesday, have alleged this in a complaint to the 
administrative judge of the Nagpur bench of the Bombay high court, the 
chairperson of the State Human Rights Commission and the superintendent of 
central prison, Nagpur.

They have demanded strict action against what they have called "the police's 
high-handedness." In 2008, Fereira was implicated in a case where 11 students 
from Chandrapur were arrested for links with the Maoists. Though Fereira was in 
jail, his name was added as an accused. Like in the past, on September 23, he 
was acquitted in this case too. "There were no other cases against him and we 
were waiting to meet him on Tuesday afternoon outside the Central Prison, when 
we saw a huge posse taking positions," recounts advocate Anand Gajbhiye. "We 
asked deputy jailor Yogesh Patil the reason but he began abusing us," he added.

While the lawyers were surprised at what they call 'Patil's unprovoked 
aggression', he summoned plainclothesmen to clear them.

The reason for the prison authorities ‘strange’ behaviour became clear when it 
was time for Fereira to be brought out. "Some plainclothesmen forcibly pulled 
him from the jail gate, held him by his neck and pushed him into a Tata Sumo 
with no registration plate, and left the jail premises," said the complaint, 
adding that distraught family members, who were witness to all this, were not 
even allowed to meet him. The lawyers then confronted Yogesh Patil and his team 
members about the re-arrest.

The complaint also stated that Patil was irate when reminded that they were 
violating Supreme Court directions.

------

http://timesofindia.indiatimes.com/city/nagpur/SC-guidelines-violated-in-arrest-of-Ferreira-outside-Central-Jail/articleshow/10170033.cms

'SC guidelines violated in arrest of Ferreira outside Central Jail'


  NAGPUR: The dramatic arrest of Arun Ferreira by Gadchiroli police from 
outside the main gate of Nagpur Central Jail on Tuesday afternoon triggered off 
a spate of controversies, including allegations that Supreme Court norms were 
violated in the arrest. In the last few years, there have been more than 10 
such incidents of arrest inside the premises of the jail.
On Tuesday, Ferreira had been released along with Bandu Meshram after being 
acquitted in a case by the sessions court in Chandrapur. Meshram was allowed to 
go, but Ferreira detained again.

Around 115 inmates, mostly Naxal sympathizers, of the Central Jail are to 
observe a fast on Thursday to protest Ferreira's arrest.

Ferreira was whisked away in front of his family members who had come down from 
Mumbai. The security agency personnel dragged Ferreira to their vehicles as 
soon as he came out of the jail. Ferreira's counsels said Ferreira was arrested 
by Gadchiroli police in a case of firing on a police squad in 2007 registered 
at Purada police station.

Ferreira and Meshram had been acquitted on September 23 by the sessions court 
of Chandrapur. He was among 10 persons to have got a clean chit from the court 
in the crackdown on activists of the Deshbhakti Yuva Manch by Chandrapur police 
in January 2008.

"Police cannot arrest or detain any person while in civil clothes, without 
informing him about the ground of arrest as per guidelines issues by the 
Supreme Court in DK Basu case. Here, a bunch of lawyers witnessed how Ferreira 
was packed into a car by plainclothes police from the jail gate. It is contempt 
of court," said Ferreira's counsel Anil Kale.

"Ferreira was released after paying surety before the court. They could have 
charged Ferreira earlier too in the same case. Why did the police wait for his 
release to arrest him again? Police have arrested Ferreira on the basis of a 
person called 'Arun' being referred to in the case, whose religion was 
mentioned as Hindu. Ferreira is Christian," said Kale.

Advocate Surendra Gadling, secretary of Indian Association of People's Lawyers, 
and Ferreira's counsel, said that Dhantoli police refused to even entertain 
lawyers who went to lodge a complaint against the unconstitutional arrest. 
"Ferreira has been denied opportunity of meeting his lawyers too," said Gadling.

Ferreira's counsels described the latest arrest as a clear violation of Supreme 
Court guidelines and unconstitutional. They have complained against the arrest 
to five authorities including Nagpur Bench of Bombay High Court and city police.

Security agencies associate Mumbai-based Ferreira with the Naxal movement and 
label him as a top cadre of the rebels. He is said to have played a key role in 
Maharashtra State Committee Rajya Committee. Ferreira was arrested along with 
Ashok Satya Reddy, alias Murli, Naresh Bansod and Dhanendra Bhurle from 
Deekshabhoomi in May 2007 by city police. He was charged with more than 15 
cases in connection with Naxal movement. He has been acquitted in all cases.


------


http://www.hindustantimes.com/Nagpur-jail-inmates-to-go-on-hunger-against-Mumbai-Maoist-s-re-arrest/Article1-751176.aspx

Nagpur jail inmates to go on hunger against Mumbai Maoist's re-arrest

The re-arrest of Mumbai-based Maoist leader Arun Thomas Ferreira by the police 
on Tuesday has triggered sharp reactions from the 'political prisoners' lodged 
in the Nagpur central jail. 
About 115 such Nagpur central jail inmates will observe a one-day hunger strike 
on Thursday
(September 29) in protest against the alleged high-handedness of Nagpur and 
Gadchiroli police.

Ferreira, whose release was ordered by the sessions court on Tuesday, was 
immediately re-arrested by the anti-terrorist squad (ATS) when he stepped out 
of the prison. He was later taken to an undisclosed location.

But ATS declined any role in Ferreira's re-arrest. "We have not arrested him. 
He might have been re-arrested by the Nagpur police on different charges," said 
Milind Totade, inspector, ATS.

Ferreira and senior Maoist Murali alias Ashok Satyam Reddy were arrested on May 
8, 2007 at Nagpur for allegedly trying to hold a secret meeting here at 
Deekshabhoomi. They were charged under the Unlawful Activities (Prevention) 
Act, Indian Arms Act and section 353 of the Indian Penal Code (assault or 
criminal force to deter public servant from discharge of duty). 

However, the sessions court acquitted Ferreira and others in this context. The 
prosecution failed to prove their Naxal credentials and association with the 
banned CPI (Maoist) or involvement in unlawful activities. "Ferreira was 
acquitted in as many as 10 cases. The police re-arrested him on some other 
charge," alleged Surendra Gadling, Ferreira's lawyer.

Gadling informed that the jail inmates have already informed the jail 
authorities about their hunger strike on Thursday.

Jail superintendent Vinod Shekdar was not available for comments.

Earlier, 12 political prisoners, particularly the suspected naxalites lodged in 
Nagpur central jail, went on an indefinite hunger strike in April 2008 against 
the alleged torture and harassment by the state police

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