Dalit-Online
Weekly e news paper
Editor: Nagaraja.M.R.. Vol.16.....Issue.58..............14/06/2020
#BlackLivesMatter George Floyd , Police Torture in India
RTI Questions to Honourable Union Home Minister and Union Home Secretary GOI
RTI Application ref : MHOME/R/E/20/02905
Police Torture Chambers :
https://dalit-online.blogspot.com/2019/07/torture-chambers.html?m=1
Main A :
1.how many CBI officials , state police officials are facing
charges of corruption , 3rd degree torture , lock-up/encounter deaths
, rapes , fake cases , etc ?
2.how you are monitoring the ever increasing wealth of corrupt police
officials?
3.how many officials from the ranks of constable to DGP have amassed
illegal wealth?
4.what action you have taken in these cases ? have you got
reinvestigated all the cases handled by tainted police?
5.how many policemen have been awarded death penalty & hanged till
death , for cold blooded murders in the form of lock-up deaths /
encounter deaths ?
6.why DGP of Karnataka is not registering my complaint dt 10/12/2004 ,
subsequent police complaints ?
is it because rich & mighty are involved ?
7.e - voice is ready to bring to book corrupt police officials subject to
conditions, are you ready ?
8.how many police personnel are charged with violations of people's
human rights & fundamental rights ?
9.how many STF police deployed to nab veerappan were themselves
charged with theft of forest wealth?
10.how you are ensuring the safety , health , food , living space of
inmates in jails?
11.how you are ensuring the medical care , health of prisoners in
hospitals & mental asylums?
12.How you are ensuring the safety , health , food , living space of
inmates in juvenile homes ?
Main B :
. Why was Judge JT Utpat, Judge Loya’s predecessor in hearing the case, transferred from hearing the case despite a 2012 Supreme Court order specifying that the same judge should hear the matter from start to finish?
2. Were Bombay High Court Chief Justice Mohit Shah or the principal accused Amit Shah aware of any alleged inducements offered to Judge Loya to ensure a favourable judgment in the case?
3. Does Justice Mohit Shah deny the allegation by Judge Loya’s sister Anuradha Biyani, that he himself made an offer of Rs 100 crore in return for a favourable judgment?
4. Who made the arrangements for Judge Loya’s transportation to Dande Hospital on the night of his death, and why was this not in a vehicle from the government guest house or an ambulance?
5. Do Dande Hospital and/or Meditrina Hospital have records indicating what medication was provided to Judge Loya while in their care, and who was with him at the time?
6. What was the time of Judge Loya’s death according to the records of Meditrina Hospital and when do call records show this was intimated to Judge Loya’s family? Did the death occur at 6:15 am or before 5 am on 1 December 2014, or did it in fact occur before midnight?
7. In what circumstances can a person die of “coronary artery insufficiency”? Is it possible for a person in good physical health without any cardiac history or other markers of this condition, experience “coronary artery insufficiency” and lose their life
8. Why was a post-mortem report ordered into Judge Loya’s death when no panchnama or FIR was filed terming it a suspicious death, and why was Judge Loya’s family not informed about the performance of a post-mortem? Alternatively, were any reasons for performance of post-mortem report recorded, where were these recorded and who recorded them?
9. Who signed the post-mortem report pages as “maiyatacha chulatbhau” (ie paternal cousin brother of the deceased) when no relation of Judge Loya was present in Nagpur? Does the countersignatory, the senior police inspector of Sadar police station, recollect who this was?
10. What was Ishwar Baheti’s relationship with the deceased and on what basis was he coordinating the funeral arrangements for Judge Loya, including contacting the family? Why was Judge Loya’s phone returned to the family by Mr Baheti rather than the police? Alternatively, did the police ask Mr Baheti to return the phone to Judge Loya’s family?
11. Does Judge Loya’s family still have the allegedly bloodstained shirt worn by Judge Loya at the time of death which the post-mortem report claims was dry?
12. Is it true that the CBI was only given 15 minutes to argue against the discharge of Amit Shah in subsequent hearings of the case before Judge Loya’s successor in hearing the case, Judge Gosavi, as against three days for the defence lawyers?
13. Who made the decision to announce MS Dhoni’s retirement from test cricket on 30 December 2014? Was this decided by the player or the BCCI and did any external source suggest the specific date?
14. Sohrabuddin/Tulsirram Prajapati fake encounter case was transferred from Gujarat to CBI court, Mumbai by the Supreme Court in the year 2012, directing that same judge will preside over the trial from start to finish. Judge Utpat was designated as special CBI Judge in Mumbai. He allegedly reprimanded the accused for not appearing in his court and fixed the case for June 26, 2014. A day before, on June 25, 2014, he was abruptly transferred. Judge B.H. Loya was posted in his place. Judge Loya died in suspicious circumstances on November 30, 2014. Post that, shri Amit Shah has been since discharged and CBI refused to file an appeal against the order of the discharge.
15. Sister of Judge Loya gave an interview to a media house on November 21, 2017, to allege that he was being offered a Rs 100-crore bribe plus residential flat/property in Mumbai for delivering a verdict in favour of the accused by a former chief justice.
16. Judge Loya was stated to have died on account of heart attack. ECG and histopathology report of Judge Loya showed no evidence of heart attack. On the contrary, Dr R.K. Sharma, ex-head of Forensics & Toxicology at AIIMS stated that there was no evidence of heart attack and there was evidence of ‘possible trauma to the brain’.
17. Judge Loya’s security was withdrawn on November 24, 2014 in Mumbai and he was not provided any security as he travelled from Mumbai to Nagpur, where he died on November 30, 2014.
18. There is no travel record of Judge Loya travelling by train from Mumbai to Nagpur.
19. There is no entry or record of Judge Loya having stayed in the occupancy register of Ravi Bhavan, Nagpur on November 30, 2014. Fifteen employees posted in Ravi Bhavan, Nagpur did not even recall that Judge Loya ever stayed in Ravi Bhavan.
20. There was no reason for three judges to sleep in a room with only two beds when adjoining rooms were empty. Why did the 15 members of the staff then not know either about the stay or the heart attack? Why were no entries made in the occupancy register?
21. Family of Judge Loya has publicaly stated that clothes on his dead body had blood stains, especially near the neck area.
22. Post-mortem of Judge Loya was conducted on December 1, 2014 without information and consent of any immediate family members. There were discrepancies even in recording of Judge Loya’s name in post-mortem report.
23. Two of the other colleagues of Judge Loya, who were allegedly informed about the pressure being put on him, also died under suspicious circumstances. One associate, advocate Khandalkar’s body was found in district court, Nagpur after alleged fall from the eighth story on November 29, 2015. (November 28, 2015 was closed court work and he was missing for two days). Second associate, retired Judge Thombre died in suspicious circumstances while travelling in train from Nagpur to Bangalore on May 16, 2016. There is no FIR or an investigation in these deaths till date. One advocate Satish Uke, raising the issue narrowly escaped death when on July 8, 2016, heavy weight iron material of 5,000 kgs fell on his office.
24. What action taken against witnesses in sohrabuddin fake encounter case , ishrath jahan & tulsi ram prajapati fake encounter cases , haren pandya murder case who turned hostile after years ?
25. What action taken against police officials in sohrabuddin fake encounter case , ishrath jahan & tulsi ram prajapati fake encounter cases , haren pandya murder case who turned hostile changed prosecution after years and at the end preferred not to appeal in higher court ?
Main C :
1. Details of action taken against SCI judges Ranjan Gogoi, swatantra kumar , Ganguly , Judges involved in roost resort sex scandal on charges of sexual harassment against women. If not reasons for it. Please give me FIR number of each case.
2. List of public servants present and past MPs , IAS & IPS officers, etc with citizenship of foreign countries in addition to indian citizenship. Also give me list of public servants with spouses of foreign origin.
3. Details of action taken against SCI judge deepak mishra in medical college case , kalikho pul death statement. President of India Pranab mukherjee was also accused by kalikho pul. If not reasons for it.
4. Details of our present MPs , IAS & IPS officers facing criminal charges .
5. Details of action taken regarding charges made by CBI director Alok verma against his deputy Rakesh Asthana and vice versa. If not reasons for it.
6. Details of action taken against police who are aiding underworld don dawood ibrahim. If not reasons for it.
7. Details of action taken against reliance industries in relation to document leak in power , petroleum , coal ministries. If not reasons for it.
8. Details of action taken against journalists, lobbyists involved in Radia tape. If not reasons for it.
9. Does Smt.Sonia Gandhi & Shri.Rahul Gandhi have citizenship of foreign countries in addition to indian citizenship. Details please.
10. Does delhi police use third degree torture against detainees.
11. Details of action taken against public servants , ministers who aided terrorism at the expense of public exchequer. If not reasons for it.
Please read documents at following web pages and answer :
https://www.scribd.com/document/402134326/INTERROGATE-Judges-Police , https://www.scribd.com/document/399783839/India-Sponsored-Terrorists , https://www.scribd.com/document/412164943/CJI-in-Jail ,
The murders of Phanidhar Borah-George Floyd and us
— by Asish Gupta
In recent times, a surge in a wave of protest shook the United States of America against the killing of George-Floyd, an African-American citizen, by the US police. The democrats from all over the world have sympathised with this protest. At about the same time Phanidhar Borah died in Jajori in Nagaon district of Assam as a result of police torture. Two constables of Jajori police station beat up Phanidhar after some verbal altercation. He was initially admitted in a local hospital in Nagaon with severe injury and was later transferred to Guwahati Medical College Hospital in critical condition. He died there on the 4th of June. Hardly hundreds and thousands of people in Jajori have protested against this killing. Two people die in two parts of the world, and the killers are people belonging to the same profession. However, in one case, the protest has spanned continents, and in another, it is somewhat muted. The father of a girl, 55-year-old Phanidhar Borah, was beaten to death by two policemen and people’s protests remained confined only to Jajori. It may also be possible that many people in areas adjacent to Jajori or other parts of Nagaon district might have voiced their anger in the social media against the murder of George Floyd. Still, alas, even they might have missed the incidence of Borah.
This contrast in the extent of protests with a change in place, time or personalities involved is nothing new all over the world and especially in India. The people of this country witnessed several struggles during the two-hundred-year of the British rule and also in independent India, and endured the brutal tyranny of foreign and Indian rulers. The ultimate horror of police brutality was witnessed by the people of India decades ago. From Kashmir to Kanyakumari, no list of countless people crippled by police brutality can be found as it has become a daily occurrence. There is no need to look too far back. During the ongoing lockdown, at least 16 very ordinary people have died due to police torture or because of police firings. The people of this country has restricted their protests by circulating some viral video clippings or commenting on social media. One such video in which a policeman knelt on the neck of Mahesh Kumar Prajapat in Jodhpur, Rajasthan, has gone viral. After watching the clip, some of us have felt that Mahesh Kumar is lucky to escape death while George Floyd died under similar treatment by the police in Minnesota, USA. However, forget about a storm, not even a gentle breeze of protest took place.
In recent India when and where the storm of protests will hit is mainly determined by a combination of place, time and persons involved. One such protest took place in December 2012 and in the days that followed after the rape and death of Nirbhaya. The site of the protest was the capital of the country, Delhi and the time was 15 months before the LokSabha elections. It was by that time the rightists, keeping an eye on the forthcoming election, has entered the election arena with all their might to seize power. The person in this context is the only daughter of a middle-class family. The people of the country, mainly the upper and middle classes, roared against the rape and brutal murder along with coverage from the media. The water flowed far and wide. The central government enacted new laws against rape and murder. The convicts were punished after going through various ups and downs of the judicial system, and four of them were hanged. Nirbhaya’s mother went to sleep in peace. According to the National Crime Records Bureau, there were 38,947 rapes in 2016, 32,559 in 2017 and 33,977 in 2018. However, such storm of protest against these rape incidences is not raging. This report is not about rape and murder. I mentioned this Nirbhaya incidence only to bring out the nature and the backdrop of the protest movement.
The character of protest in the world’s largest parliamentary democracy is extremely narrow in the case of deaths due to police torture. Isolated demonstrations against police brutality in the area of the deceased or near the police station or at most in the district in which the deceased lived may take place. However, after that, the case would be hushed up, andthe topicwould go to oblivion. Only if there is an active,democratic rights organisation present in that locality, the matter will reach the court. But on the whole, the people of the country or the states concerned, are indifferent to death in police custody. We speak out against the decades-long oppression of people of African origin in the United States and the newspapers cover these protests with photographs and articles covering several pages. On the contrary, the news of the murder of Phanidhar Borah of Assam is captured in a single/double column of a regional newspaper.
We have come across reports on the parliamentary leftists protesting against the assassination of George Floyd with placards in remote villages or towns of this country. But we do not find them taking up protest marches against the hundreds of people dying in the police custody in this country. Of course, there is a problem. In a parliamentary democracy, active political parties have the opportunity to share power at various levels of governance. For example, leftists were/are in control in states like West Bengal, Tripura and Kerala. In all these three states, there have been several deaths in police custody during their rule, but the Left Front governments have not taken any step that could set a new precedent. Same is the case with any other political parties present in electoral politics. As a result, the parliamentary political parties cannot form any significant, broad-based movement against death in police custody. Most of the people of the country are organised under the umbrella of parliamentary politics.And that is why thousands of people cannot take to the streets against police brutality and death in custody in India.
Replying to a question in the LokSabha on the 16thof July, 2019, G Kishan Reddy, Minister of State for Home Affairs, said, “Cases of deaths in police custody registered by the National Human Rights Commission (NHRC) in 2018-19 were 136 and of those in judicial custody, 1797. The corresponding number of cases involving alleged deaths in police custody and judicial custody in 2017-18 were 146 and 1636 respectively and in 2016-17, 145 and 1616 respectively.” The NHRC had recommended disciplinary actionagainst erring twenty government officials over the death of a detainee in custody in these three years. Earlier, a report by Human Rights Watch, an international human rights organisation, published on the 19thof December, 2016, said that 591 people had died in police custody between 2010 and 2015. In almost all cases, no erring police officer has been convicted. In nearly all cases, the cause of death was shown to be suicide, illness or natural death. Lawsuits have been filed against police personnel in only 33 of these cases.
In a democratic country, the growing death toll from ever-increasing incidents of rape-murder, torture in police and prison custody will be prolonged, but the storm of protest will not rise! We would be happy and thrilled to see a photograph of Miami police kneeling and confessing to George Floyd’s murder, but we will not learn from that photo! We will never conclude that there is no ideological difference between the police in Minnesota, USA and the police in Jajori, Assam! All of them are basically the protectors of the hegemony and the ruling class.
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