Petition to NHRC

July 17, 2013

A petition was sent to the Chairperson, National Human Rights Commission requesting the commission to dispose the final order on the long pending case of Human Rights Violations by the Joint Special Task Force operations in Karnataka and Tamilnadu during the hunt to nab Veerappan.

More than 1000 victim of human rights violations have yet to be addressed since the last order of the NHRC on 15th January 2007 recommending compensation for 89 victims of atrocities by the STF both in the states of Karnataka and Tamil Nadu. There has been a lot of disappointment on the part of the victims that the series of complaints pending before the NHRC have not been followed up for long with a final order. There are several other victims who had also cases registered against them, detained illegally for long and tortured and even raped. In spite of their acquittal most of them have not had any occasion to experience the intervention of the NHRC. !! But the police personnel from both the states were promoted, and given cash awards and sites. The police and the state have not been caring for the rights of these unfortunate souls. This will make them lose their belief in the rule of law that was brought to them by the action of the NHRC resulting in the interim order of 15th Jan 2007.

Meanwhile, the appointment of Mr. Shankar Bidari, who was the Commanding officer of STF during the time when all those atrocities were committed, as the DG and IGP of Karnataka about a month ago. Meanwhile, Mr.A.R.Infant, I.P.S whose seniority was over looked in the appointment raised the issue at the Central Administrative Tribunal. Mr Infant also raised the issue that the Sadashiva Panel Report and the involvement of Mr. Bidari in Human Rights Violations was not placed before the UPSC. Further, the Karnataka branch of the CAT disqualified the appointment of Mr Bidari to the post of DG & IGP in its order dated 16th March 2012.

Perhaps this is the first time an Administrative Tribunal in India setting aside a top level appointment in the Police Department on the grounds of allegations of Human Rights Violations.

Domestic Violence Poster

Domestic Violence Poster

Click for the article on Battling drug addiction in Bangalore

Mr. Shankar Bidari and the State government appealed to the Hon’ble High Court of Karnataka against the CAT order, and the High Court of Karnataka upheld the CAT’s order and dismissed the petition. It should be noted that the Hon’ble High Court of Karnataka described Mr Shankar Bidari as worse than Saddam Hussain or Gaddafi for alleged atrocities by STF led by him from 1993-94

The petition carried the following prays,

  1. The Hon’ble Commission once again takes up all these cases and passes orders with reference to the over 1000 victims who are yet to benefit by its careful attention;
  2. The Hon’ble Commission requests civil society organizations like PW-TN, SOCO Trust, SICHREM, Tamil Nadu Tribal Welfare Association, People’s Union for Civil Liberties TN and KAR(PUCL) and People’s Watch to provide it updated details on the victims in these pending complaints to ensure that all details with the victims are well established;
  3. The Hon’ble Commission takes immediate steps to further request both the state Governments of Karnataka and Tamil Nadu to ensure that their promised compensation amounts of Rs. 5 Crores per state are paid and that this is properly further disposed of by the NHRC to the victims;
  4. That the Hon’ble Commission is further requested to ensure that criminal  prosecutions are recommended against the police officers to be initiated by the State Legal Services Authority of Karnataka and Tamil Nadu;
  5. That the Commission further recommends to the Governments of Karnataka and Tamil Nadu to withdraw all the gallantry awards and rewards conferred on the STF personnel.
  6. That the Hon’ble Commission further recommends to the Governments of the Centre and the two states of Karnataka and Tamil Nadu to ensure that long term medical attention, particularly physiotherapy on a daily basis is, made available at state costs to each of the victims who deserve it as early as possible through civil society run rehabilitation measures that are being undertaken there.
  7. That the Hon’ble  Commission further recommends to the Governments of the Centre and the two states of Karnataka and Tamil Nadu to ensure that proper livelihood programs to ensure the right to life of each of the victims are undertaken urgently and on a war footing.
Advertisements

Complaint of Lalith Kumar’s harassment and assault driving him to commit suicide by the police personnel of Talaghattapura Police Station.

June 11, 2013

Dated: 4th June 2013

 

To

Additional Director General of Police,(ADGP)

Grievances and Human Rights,

Office of DG & IG of Police

Bangalore-560001

 

Dear Sir,

Subject: Complaint of Lalith Kumar’s harassment and assault driving him to commit suicide by the police personnel of Talaghattapura Police Station.

The Bangalore Mirror dated Monday, June 03, 2013 reports that, V Lalith Kumar, a student of Silicon City Educational Academy Pre-University College near Konanakunte, ended his life last Tuesday by hanging from the ceiling of his house in JP Nagar, Phase VII around 4 pm. Earlier in the day, he was allegedly beaten up by Talaghattapura cops at a playground near his house. Later, a crime constable allegedly met Lalith at his house and threatened to arrest him. His mother was at home, father was away at work.

Lalith’s family is scared of the consequences of accusing the police of driving Lalith to commit suicide. The Ramanagaram SP, Ida Martin Marbaniang, has said that in February, Lalith’s friend Sushma had committed suicide and he was accused of abetting her suicide and her parents had registered a case against him and to inquire about the case crime constable Shravan Kumar had visited.

A relative has questioned, that even if a crime had been committed, police had no right to threaten him or beat him and also as he is a minor, they should have informed his family about the complaint and further stated that they abused their power against the boy. 

We file this complaint with a hope that a detailed enquiry into the whole matter is initiated;

  1. To look into the assault of Lalith Kumar resulting in the suicide,
  2. To immediately call for the suspension of the concerned officials pending enquiry.
  3. To also order for police protection to Lalith and family, so that there is no backlash from the policemen on whom allegations are being made.

Note: The undersigned has contacted Lalith’s family for a fact finding mission for recording the statements, the report would be filed with your good offices shortly.

Thanking you,

Yours Truly,                                                                                                                      

R.Manohar

Head – Programs


Complaint of Judicial Death of Naveen Poojari (43), under trial in Mangalore.

June 11, 2013

Dated: 5th June 2013

 

The Member

Karnataka State Human Rights Commission

4th Floor, 5th Phase,

M.S.Building, Bangalore- 560001                                           

Dear Madam / Sir,

Subject: Complaint of Judicial Death of Naveen Poojari (43), under trial in Mangalore. 

The Prajavani and Vijaya Karnataka dated June 5th 2013; report in their columns the information of the death of Naveen Poojari aged 43years old cooly resident of Kumpal Ashraya Colony in Mangalore while he was in judicial custody at the Sub-jail.

An under-trial, Naveen Poojari was picked up the Ullal Police on 20th May 2013 when he was found allegedly suspiciously moving about in the night. It is stated, that on 1st of June he had fever and was given treatment and did not find any thing serious. On Monday, he was produced at the court and on Tuesday he was not in a position to have breakfast and two other under-trials were also unwell. By afternoon, Naveen’s condition turned very serious and died en-route being moved to Wenlock Hospital.

The paper further reports that the family had not been informed of his arrest and being jailed and only after his death were they informed.

We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances, especially;

  1. To look into the exact causes of the death,
  2. The functions and the maintenance of the prison,
  3. Whether there are medical personnel & facilities available for treatment at the jail?
  4. Whether there was a failure on part of the jail personnel, doctors in the treatment?
  5. To Specifically to look into the allegations of the violations of the Guidelines laid down by the Honorable Supreme Court of India in D.K.Basu vs. State Of West Bengal and the guidelines laid down by the NHRC/SHRC on :
  • A). To find out who were the police personnel who handled the interrogation and arrest of Naveen, If, the memo of arrest was prepared, with time and date of arrest and who was the family member or the respectable person of the locality  who attested the arrest memo? And, if it was counter signed by Naveen?
  • B). If the police have informed Naveen, that he had a right and could inform a relative, friend or well-wisher as soon as possible, of the arrest and the place of detention or custody. If, yes? Who is the friend and how did they send the information to the family or relatives?, which is to be  notified by police within 8 to 12 hours after arrest by a telegram/ through the District Legal Aid Authority and the concerned police station.
  • C).If, an entry has been made in the Station Diary about the arrest, name of the person informed and name and particulars of the police in whose custody he was?
  • D).If, Naveen had access to exercise his right of meeting a lawyer during the          interrogation? If, yes, who was he and what happened?
  • E).If the arresting officer has informed the police control room within 12 hours the       information regarding the arrest and the place of custody?
  1. To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered & followed ?
  2. To inquire,if the guidelines laid by NHRC, as per letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?
  3. To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.

Thanking you,

Yours Truly,

R.Manohar

Head – Programs                                                        


Complaint of Judicial Death of Gurusiddappa (70), inmate of Gulbarga Jail.

June 1, 2013

The Member  

Karnataka State Human Rights Commission

4th Floor, 5th Phase,

M.S.Building, Bangalore- 560001                                           

 

Dear Sir,

Subject: Complaint of Judicial Death of Gurusiddappa (70), inmate of Gulbarga Jail.

The New Indian Express 20th May 2013, reports in its columns the information of the death of Gurusiddappa (70years), a resident of Desanagi village of Jewargi taluk, an under-trial he was ill and admitted to the Gulbarga District Government Hospital on May 14 and discharged on Saturday. After returning to jail, Gurusiddappa complained of ill-health and was taken back to the hospital. However, he died within half-an-hour, police said on Sunday. 

He had been arrested by the Ashok Nagar police in 1992 in connection with a murder case and was released on bail two years later. He violated the conditions of bail and was absconding. The police arrested him three months ago.

We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances involving the death of Mr. Gurusiddappa and

1. To look into the exact causes of the death,

2. The functions and the maintenance of the prison,

3. Whether there were medial personnel and facilities available for the treatment at the jail?

4. Whether there was a failure on the part of the jail personnel, doctors in treatment?

5. How did he die after getting treatment for 5 days (admitted o 14th and death on Sunday)?

6.To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered &d followed ?                               

7.To inquire, if the guidelines laid by the NHRC, as per the letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?

8. To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.

Thanking you,

Yours Truly,

R.Manohar

Head – Programs


Complaint of Judicial Death of Mohamed Haneef KhajiSab (35), undertrial in Bijapur Jail.

June 1, 2013

The Additional Director General of Police

and Inspector General of Prisons,

No.4, Seshadri Road,

Bangalore 560 009

 

Dear Madam/Sir,

Subject: Complaint of Judicial Death of Mohamed Haneef KhajiSab (35), undertrial in Bijapur Jail.

The Kannada daily dated May 18, 2013; reports in its columns the information of the death of Mohamed Haneef KhajiSab (35), under trial in Bijapur Jail.

An under-trial Mohamed Haneef KhajiSab is said to have been ill and was admitted to the district hospital and succumbed without responding to the treatment given. He had been arrested by the Gandhi Chowk Police and was in judicial custody.

We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances involving the death of Mohamed Haneef KhajiSab and

  1. To look into the exact causes of the death,
  2. The functions and the maintenance of the prison,
  3. Whether there were medial personnel and facilities available for the treatment at the jail?
  4. Whether there was a failure on the part of the jail personnel, doctors in treatment?
  5. To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered & followed ?
  6. To inquire, if the guidelines laid by the NHRC, as per the letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?
  7. To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.

Thanking you,

Yours Truly,

R.Manohar

Head – Programs


Complaint of Judicial Death of Veeranna Gowda Patil (45), undertrial of Haveri Jail.

June 1, 2013

Shri K.J.George

Home Minister

Government of Karnataka

Vidhana Soudha

Dr Ambedkar  Veedhi,

Bangalore – 560001

 

Dear Sir,

 Subject: Complaint of Judicial Death of Veeranna Gowda Patil (45), undertrial of Haveri Jail.

The Prajavani and Vijaya Karnataka dated May 10, 2013; report in their columns the information of the death of Veeranna Gowda Patil (45years), a resident of Chikkeri Hosahalli of Hanagal Taluk.

An under-trial Veeranna Gowda, committed suicide at the sub jail on Wednesday night. He was in the prison for the last one year and some reports state that he felt dejected that none of his family members had visited him and that was the reason for his committing suicide by hanging. He had been arrested by the Hanagal Police in connection with the murder of his wife and was at the jail.

We file this complaint with a hope that a detailed enquiry into the whole matter is initiated, and that your good offices look into the circumstances involving the death of Mr. Veeranna Gowda Patil and

  1. To look into the exact causes of the death,
  2. The functions and the maintenance of the prison,
  3. Whether there were medial personnel and facilities available for the treatment at the jail?
  4. Whether there was a failure on the part of the jail personnel, doctors in treatment?
  5. To inquire further if the procedures and guidelines laid down by the NHRC in its letter No.66/SG/NHRC/93 dated 14 December 1993 on reporting custodial deaths and also with reference to the letter vide No 40/3/95/LD dated 21 June 1995 has been adhered & followed ?
  6. To inquire, if the guidelines laid by the NHRC, as per the letter addressed by the Chairperson to the Chief ministers vide letter dated 10th August, 1995 on the video filming of post-mortem examinations in cases of custodial deaths has been followed?
  7. To also inquire, if the guidelines laid down by the NHRC, as per the letter addressed by the Chairperson to the Chief Ministers vide letter No.NHRC/ID/PM/96/57 dated 27th March 1997.

 

Thanking you,

Yours Truly,

R.Manohar

Head – Programs


CBI probe sought into minor’s kidnap

May 29, 2013

The Dalit Sangharsha Samiti (DSS) has demanded a CBIinquiry into the allegation that a woman volunteer with the South India Cell for Human Rights Education and Monitoring (Sichrem) was “involved” in the kidnap and torture of a minor girl. 

A memorandum in this regard was submitted by DSS’s district office-bearers to the Additional Deputy Commissioner, Sangappa, on Monday.

Complaint lodged

A complaint was lodged by Rukmini, the Superintendent of KGF’s Government Boys’ Home, against Sichrem volunteer, Manjula, at the Andersonpet police station.

The Dalit Sangharsh Samiti workers, however, allege that Manjula, who belongs to a Scheduled Caste (SC) is “a social worker known for her public service in the region”.

A resident of Gandhi Nagar in Kolar, Manjula has been associated with Sichrem in the town since April 2012.

‘Victim of target’

The DSS alleged that Manjula was being “targeted” by Rukmini as she opposed the former’s efforts to bring more inmates to the boys’ home.

A verbal duel also ensued between the two. Rukmini is supported by the President of Child Welfare Committee, Kalai Selvi, and the counsellor, Shilpa, in her efforts to “assassinate” the character of Manjula.

The DSS demanded that those attempting to “mislead” the course of justice be punished.
A CBI inquiry is needed to dig out the truth, it said.

 

Source : Deccan Herald, 29th May 2013