Dalit-Online
Weekly e news paper
Editor: Nagaraja.M.R.. Vol.16.....Issue.60..............28/06/2020
RTI request to Honourable Chief Justice of India and Honourable Chairman National Human Rights Commission New Delhi
Refer RTI applications no : JUSTC/R/E/20/01830 and
NHRCM/R/E/20/00513
Honourable Sir,
First of all our salutes, whole hearted respects to honest few in police , judiciary and public service. It is an appeal to those honest few to catch hold of their corrupt colleagues. Both of you take lakhs of rupees salary, enjoy 5 star bungalow, flight travel , perks , etc all at tax payer's expense , still don't do your constitutional duties properly. SCI doesn't even admit our PILs concerning national security , accountability of public servants , etc although I have suffered murder attempts, physical assaults, job loss , etc in my crusade. But SCI has got enough time to hear cases of cricket , movies. Whether NHRC consists of humans or not needs a clarification. They lack humanness, empathy. To my RTI requests SCI cites various sections of law just like criminals, thieves to evade truth. NHRC too cites various sections of law to evade truth , to evade taking legal action. It is Crime cover up, which is one more crime by them. Both of them must first read the third grade acts of police , judges at below articles and following web sites :
https://dalit-online.blogspot.com/2020/04/rogue-police-judges.html?m=1 ,
https://sites.google.com/site/sosevoiceforjustice/third-degree-torture-to-corrupt-police-judges ,
In fact, following the landmark 1997 DK Basu vs West Bengal case, the Supreme Court laid down some basic guidelines to prevent custodial abuse which have been absorbed into the Code of Criminal Procedure.
These directions have to be followed by the police. Refusal to do would result in contempt of court.
Both of you please give me information regarding following :
1. List of legal action taken by SCI & NHRC against guilty police , judges involved in crimes against humanity , 3rd degree torture by police case wise since last 20 years.
2. List of legal action taken by SCI & NHRC against guilty police , judges involved in crimes against humanity , 3rd degree torture by police with regards to cases mentioned in above web sites.
3. Legal steps taken by SCI & NHRC to prevent recurrence of 3rd degree torture by police , remand judge failing to protect health , safety of accused and government doctor failing to record actual health status of accused. List of actions taken by SCI & NHRC against such guilty judges and government doctors who aided guilty police in covering up 3rd degree torture by police on suspects.
4. List of Police who were booked on murder charges for inflicting 3rd degree torture on suspects.
5. List of police who were prosecuted for contempt of SCI with regards to violation of SCI guidelines on arrest procedure and illegal 3rd degree torture by police.
6. List of actions taken by SCI and NHRC against police involved in torture , lathi charge of farmers, farmer's family members during MAHADAYI RIVER PROTEST in karnataka.
7. List of actions taken by SCI and NHRC against police involved in torture of tribals in MALE MAHADESHWARA HILLS karnataka during Operation catch forest brigand Veerappan.
8. List of actions taken by SCI and NHRC against police involved in torture of tribals based on NHRC fact finding committee and Justice A J Sadashiva findings.
If anything untoward happens to me or to my family members , Honourable Chief Justice of India , Honourable Chairman NHRC together with jurisdiction police and district magistrate will be responsible for it.
Date : 28.06.2020 Thank you,
Place : Mysuru Nagaraja Mysuru Raghupathi
How Tamil Nadu Police’s brutal act of revenge claimed lives of a father and son
Historically, the Tamil Nadu police is notorious for highhandedness and third-degree torture methods.
By Arun Janardhanan
The death of a father and son due to alleged custodial torture in Sathankulam town near Thoothukudi in Tamil Nadu has sparked rage across the state. The Tamil Nadu Traders Association downed shutters across the state on Wednesday. Victims were traders belonging to the Nadar community, a socially and politically powerful community in southern Tamil Nadu.
What was the series of events that led to the deaths in police custody?
P Jeyaraj, 62, who worked at his mobile shop at Sathankulam town, was taken in custody on June 19 evening.
Jeyaraj allegedly made some critical remarks about a police patrol team on June 18 for insisting shop owners to shut shops early for lockdown rules. An auto driver had informed police about remarks and the police team had come the next day to take him in custody. After an agitated police team had taken Jeyaraj in custody, his son, J Bennix, 32, followed the police team to the station.
At the Sathankulam police station, a senior police officer said, Bennix saw his father being physically harassed by an officer. An agitated Bennix questioned the officer, tried to stop the officer or pushed him to protect his father in his 60s. “It had provoked the police team, they thrashed both father and son for hours. There were two sub-inspectors and two constables in the torture team. A total of 13 officers were there at the station during the incident, including volunteers part of Friends of Police,” the officer said.
The alleged lockdown violation charge on Jeyaraj was something that would have got him a maximum of three months imprisonment if he was found guilty.
What happened the next day?
June 20. Jeyaraj’s family who waited outside the station till midnight got to see the father and son in the morning in “bad shape.” They were taken to the Sathankulam government hospital. Jeyaraj’s veshti and Bennix’s pants were fully soaked in blood. They had to keep changing lungis at the hospital due to severe bleeding. Policemen asked the family to bring “dark colour lungis”.
After three hours at the hospital, they were then taken to Sathankulam magistrate court.
Joseph, Jeyaraj’s brother in law who witnessed the scene, said the magistrate waved his hand from the first floor of the building as the police team stood outside. Both were sent on remand to Kovilpatti Sub Jail in a few moments.
The family had no news about the father and son till June 22 evening, when they were shifted to the nearby government hospital. Due to continuous bleeding and severe external and internal injuries from alleged lock up torture, Bennix died late evening on June 22, and Jeyaraj died in the wee hours on June 23.
What action has been taken?
Even as two FIRs have been filed, no officer has been booked for murder charges. Following the outrage and protests, four police officers including two sub-inspectors have been placed under suspension. The station inspector has been transferred. A judicial inquiry is in progress, post mortem report has been submitted to the Madras High Court in a sealed cover, and the court is waiting for a report from police.
The state government has announced a compensation of Rs 20 lakh for the victim family. DMK’s Thoothukudi MP Kanimozhi declared a compensation of Rs 25 lakh for the family.
Is there a communal angle?
Jeyaraj’s family belonged to the Nadar community. Multiple accounts from witnesses, relatives of victims and police show that the case had no direct communal angle but it was a brutal revenge by police officers, first for Jeyaraj’s alleged remarks against the police patrol team and for Bennix’s alleged attempt to physically stop, push away, an officer who was beating his father.
Are such incidents prevalent in Tamil Nadu police?
Historically, the Tamil Nadu police is notorious for highhandedness and third-degree torture methods. Senior officers would call it a normalised practice for several decades, from the British era.
In Chennai city, it is a normalised practice for police sources to release photos of the accused in police custody with fractured arms and legs. “Slippery toilets” at the station would be cited as a reason for their fractures, the same would be reported to the magistrate during the remand process, a normalised extra-judicial punishment “to criminal elements.” Like in many states, it is to be noted that there are often a handful of senior-most officers at the top level who would be endorsing such extra-judicial practices in private talks for their flawed understanding about criminals and their origins.
Did the judiciary too fail in this case?
K Chandru, a retired judge of Madras High Court, said even during the emergency, people had the right to approach the court. “But the latest lockdown scenario had shifted full powers to the police and bureaucracy. That when the High Court itself talks about the pandemic being equal to Emergency and that the officials must be given due weight of the situation, it sends a wrong signal to the magistracy. There are innumerable instances where they deviate from protecting the constitutional rights of the citizens.”
In this case, the judicial magistrate should be dismissed from service for judicial impropriety and misconduct, the former Justice said, adding it was his job to check on injuries and bleeding, he should have raised questions to police and accused instead of remanding them with an order saying “no complaints”.
ಪೊಲೀಸ್ ಠಾಣೆಯಲ್ಲೇ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಎಸಗಿದ ಇನ್ಸ್ಪೆಕ್ಟರ್ ಅಮಾನತು..!
ಬೇಲಿಯೇ ಎದ್ದು ಹೊಲ ಮೇಯ್ದಂತೆ ಅನ್ನೋ ಹಾಗೆ ರಕ್ಷಣೆ ಕೊಡಬೇಕಾದ ಪೊಲೀಸರು ಪೊಲೀಸ್ ಠಾಣೆಯಲ್ಲೇ ಅಪ್ರಾಪ್ತ ಬಾಲಕಿಯ ಮೇಲೆ ಅತ್ಯಾಚಾರ ಎಸಗಿದ ಘಟನೆ ಒಡಿಶಾ ರಾಜ್ಯದ ಸುಂದರ್ಘರ್ ಜಿಲ್ಲೆಯಲ್ಲಿ ನಡೆದಿದೆ.
ಒಡಿಶಾ: ಅಪ್ರಾಪ್ತ ಬಾಲಕಿ ಮೇಲೆ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಎಸಗಿ ಅಬಾರ್ಷನ್ ಮಾಡಿದ ಆರೋಪದಲ್ಲಿ ಪೊಲೀಸ್ ಇನ್ಸ್ಪೆಕ್ಟರೊಬ್ಬನನ್ನು ಕೆಲಸದಿಂದ ಅಮಾನತು ಮಾಡಲಾಗಿದೆ.
ಒಡಿಶಾದ ಬುಡಕಟ್ಟು ಸಮುದಾಯದ ಜನರ ಪ್ರಾಬಲ್ಯವಿರುವ ಸುಂದರ್ಘರ್ ಜಿಲ್ಲೆಯಲ್ಲಿ ಈ ಘಟನೆ ನಡೆದಿದ್ದು, ಆರೋಪಿ ಬಿರಾಮಿತ್ರಪುರ ಪೊಲೀಸ್ ಠಾಣೆಯ ಇನ್ಸ್ಪೆಕ್ಟರ್ ಆನಂದ್ ಚಂದ್ರ ಮಾಝಿ ಮತ್ತು ಇತರ ಐವರು ಬಾಲಕಿ ಮೇಲೆ ಅತ್ಯಾಚಾರ ಎಸಗಿದ್ದಾರೆ.
ಕಳೆದ ಮಾರ್ಚ್ 25ರಂದು ಬಿರಾಮಿತ್ರಪುರದಲ್ಲಿ ಪ್ರತೀ ವರ್ಷ ನಡೆಯುವ ಜಾತ್ರೆಯನ್ನು ಕಣ್ತುಂಬಿಕೊಳ್ಳಲು ಬಾಲಕಿ ಬಂದಿದ್ದಳು. ಆದರೆ ಲಾಕ್ಡೌನ್ ಇದ್ದಿದ್ದರಿಂದ ಜಾತ್ರೆಯನ್ನು ರದ್ದು ಮಾಡಲಾಗಿತ್ತು. ಈ ವೇಳೆ ಮನೆಗೆ ಹಿಂತಿರುಗಲು ಬಾಲಕಿ ವಿಫಲವಾಗಿ ಅಲ್ಲೇ ಬಸ್ಸ್ಟ್ಯಾಂಡ್ನಲ್ಲಿ ತಿರುಗಾಡುತ್ತಿದ್ದಳು. ಇದನ್ನು ಗಮನಿಸಿದ ರಾತ್ರಿ ಗಸ್ತಿನಲ್ಲಿದ್ದ ಪೊಲೀಸರ ತಂಡ ಆಕೆಯನ್ನು ಪೊಲೀಸ್ ಸ್ಟೇಷನ್ಗೆ ಕರೆತಂದಿದ್ದಾರೆ.
ಅಪ್ರಾಪ್ತ ಬಾಲಕಿಯನ್ನು ಪೊಲೀಸ್ ಠಾಣೆಗೆ ಕರೆತಂದ ಬಳಿಕ ಇನ್ಸ್ಪೆಕ್ಟರ್ ಸೇರಿದಂತೆ ಠಾಣೆಯಲ್ಲಿದ್ದ ಇತರೆ ಪೊಲೀಸ್ ಸಿಬ್ಬಂದಿ ಆಕೆಯ ಮೇಲೆ ಸಾಮೂಹಿಕ ಅತ್ಯಾಚಾರ ಮಾಡಿ ಮರುದಿನ ಆಕೆಯ ಮನೆಗೆ ತಲುಪಿಸಿದ್ದಾರೆ. ನಂತರ ಆಕೆ ಗರ್ಭಿಣಿಯಾಗಿರೋದನ್ನು ಅರಿತ ಪೊಲೀಸರು ವೈದ್ಯರ ಮೂಲಕ ಗರ್ಭಪಾತ ಮಾಡಿಸಿದ್ದಾರೆ.
ಘಟನೆಯ ಸುದ್ದಿ ತಿಳಿದ ಜಿಲ್ಲಾ ಮಕ್ಕಳ ಸಂರಕ್ಷಣಾ ಅಧಿಕಾರಿ ಎಸ್ ಜೇನಾ ಅವರು, ಪೊಲೀಸ್ ಇನ್ಸ್ಪೆಕ್ಟರ್, ಗರ್ಭಪಾತ ಮಾಡಿದ ವೈದ್ಯ, ಬಾಲಕಿಯ ಮಲತಂದೆ ಮತ್ತು ಇನ್ನಿಬ್ಬರ ವಿರುದ್ಧ ದೂರು ದಾಖಲಿಸಿದ್ದರು. ಇದೀಗ ಘಟನೆ ನಡೆದ ಮರುದಿನವೇ ಇನ್ಸ್ಪೆಕ್ಟರ್ನನ್ನು ಕೆಲಸದಿಂದ ಅಮಾನತು ಮಾಡಲಾಗಿದೆ. ಕೆಲವು ಆರೋಪಿಗಳು ತಲೆಮರೆಸಿಕೊಂಡಿದ್ದು ಅವರ ಪತ್ತೆಗಾಗಿ ಬಲೆ ಬೀಸಲಾಗಿದೆ.
PIL – 3rd Degree Torture for Corrupt Police Corrupt Judges
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2018
IN THE MATTER OF
NAGARAJA . M.R
editor DALIT ONLINE
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Union Home Secretary , GOI
Honourable Chief Secretary , Government of Karnataka & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Only in a free & fair atmoshphere without undue influence or pressure , a person can tell truth. Recently in many high profile cases like Sohrabuddin fake encounter case witnesses are turning hostile , but courts are not taking action against the responsible police. In few other cases , police use 3rd degree torture methods on suspects to fit them in the cases. Even when the accused appeals to judge for his protection from 3rd degree torture by police , judge still remands him to police custody. Example Gauri Lankesh case.
2. Question(s) of Law:
Is it not the duty of presiding judge of a case to ensure safety of defendant , accused , complainant & witnesses ? When police or others use 3rd degree torture on accused , witnesses , etc are NOT such Police & Judge Punishable ?
If Judges , Police , Advocates have accepted 3rd degree torture as a right method to elicit truth from suspects, ok. When police subject an accused / a commoner to 3rd degree torture about a crime / theft of hundred rupees , why not police who have robbed crores of rupees ( dacoity by police near yelwal mysuru ) are subjected to 3rd degree torture by their colleagues? why not police torture former DGP for his involvement in lottery scam ? Why not police torture their colleagues who have links , pass information to Dawood Ibrahim ? Why not police torture Present CJI Dipak Mishra to elicit truth about fake affidavit , kalikho pul case , Prasad education trust ? Why not police torture Karnataka high court judges involved in mysore roost resort sex scandal ? All for eliciting truth. Why NOT ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases to perform their duties.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , GOI , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h. Hereby , I do request the honorable supreme court of India to order Government of Karnataka to provide protection to all the accused in Gauri Lankesh Case and to legally prosecute the guilty police officials for attempt to murder charges. Also to legally prosecute the presiding judge of the case who failed to do his duty in protecting the accused.
i. In Sohrabuddin Fake Encounter Case hostile witnesses have crossed 50 numbers. Either now they are under police threat, pressure &are lying orelse years back they were under police threat , pressure and lied previously. Either the present police are guilty or the previous ones. Therefore honourable court must first prosecute responsible police for criminal charges of covering up crime, cheating & misleading the court , contempt of court. Also the advocates of case at that time who together with guilty police mislead the court must also be prosecuted for the same criminal charges. Above all the judge who failed to protect witnesses from police threat must be prosecuted. Otherwise it is no justice , only power of ruling elite who always wins.
j. to order state police , central intelligence to subject the police officials , judges also to 3rd degree torture methods when they face allegations of corruption , illegalities , to elicit truth just as in the case of commoners. FAIR JUSTICE.
k. to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 03rd July 2018 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
PIL – Compensate Prisoners illegally detained
An Appeal to Honourable Supreme Court of India , Karnataka High Court & National Human Rights Commission
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
....Petitioner
Versus
Honourable Chief Secretary , Government of Karnataka & Others
....Respondents
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
To ,
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of the
Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
"Power will go to the hands of rascals, , rogues and freebooters. All Indian leaders will be of low calibre and men of straw. They will have sweet tongues and silly hearts. They will fight among themselves for
power and will be lost in political squabbles . A day would come when even air & water will be taxed." Sir Winston made this statement in the House of Commons just before the independence of India & Pakistan. Sadly , the forewarning of Late Winston Churchill has been proved right by some of our criminal , corrupt public servants.
Majority of prisoners in Indian jails belong to poor , minority , oppressed sections of society and 2/3rd of prison population comprises of undertrials. Are not there any criminals among rich , affluent and forward castes , majority community ? It proves the bias , prejudice of police , establishment. There are good , honest people as well as criminals in all castes , religions and all walks of life. There are deadly anti nationals , criminals among the police force , judiciary , parliament , but due to their caste , financial clout escaping from conviction , legal prosecution.
As per law , all citizens of india are equal. However under trials ( who are innocents till proven guilty ) are discriminated in Indian jails. Ordinary citizens / accused are crammed in rooms resembling pig stays . whereas accused from rich / influential back grounds are given separate rooms with cot , bed , television , news paper , etc.
As per law , all citizens of india are equal. A criminal is a criminal . However Indian prison authorities discriminates here also. Former ministers who looted crores of rupees from public exchequer , corporate persons industrialists who have cheated public , public banks of crores of rupees are given royal treatment , get best food , health care where as an ordinary pick pocket , house burglar are treated like slaves , pigs don’t get proper food , health care.
India Jail Manual procedures differentiate prisoners based on their caste , social background , while allotting prison cells , food , visitor facility , parole , mandatory work , recreation facilities - which in itself is illegal.
Apart from this , corruption in Indian jails is rampant. Prisoners with money , influence get everything within jail itself , mobile phone , drugs , fire arms , etc. some mafia dons run their empire from prison itself.
Poor prisoners are tortured by police , jail personnel and criminals within jails. Indian Jails are reform centre , where everyone should treated equally in all respects. By practicing discrimination jail authorities are promoting small time criminals to commit bigger crimes to get royal treatment in society as well as in jail.
Few prisoners convicted by lower court due to bias of police , prosecutor & lower court judges are acquitted by higher courts. However due to this wrong conviction of innocents , the innocent person is deprived of his life & liberty for years , decades. But the culprits Investigating officer , police , public prosecutor & judge are not prosecuted for their crimes. In this manner even innocents are killed in fake encounters or by death sentence.
It is the duty of the judge who awards jail sentence to a convict or an accused , to ensure his safety , health care and to see that prisoner gets right punishment as per law. Here our judges have failed. SHAME SHAME to police & judges.
If the Supreme Court of India , NHRC delays in acting on this PIL petition resulting in prolonged imprisonment of undertrials , convicts or Innocents , Supreme Court of India / NHRC judges also jointly become responsible for the crimes against those illegally imprisoned and SCI judges are also equally responsible to pay compensation from their personal pockets.
2. Question(s) of Law:
Are not all prisoners equal ? is not theft of ten rupees or theft of thousand crores of rupees , both crimes ? Are not both criminals thieves ? then why differentiation ? Is it not the constitutional duty of a judge who has awarded jail sentence to an accused / a convict , to ensure safety , health care of the said prosiner ? is it not the duty of the judge to monitor whether the convict is getting right punishment as per law nothing less nothing more ?
3. Grounds:
Requests for equitable justice , equal treatment of prisoners. Requests of stopping torture of poor prisoners. Prosecution of corrupt judges , police & jail personnel.
4. Averment:
Prosecute Sanjay Dutt under TADA
https://sites.google.com/site/sosevoiceforjustice/prosecute-sanjay-dutt-under-tada ,
Revoke Bail of Salman Khan
https://sites.google.com/site/sosevoiceforjustice/revoke-bail-of-salman-khan ,
Aeroplane Rides for Corrupt Police Corrupt Judges
https://sites.google.com/site/sosevoiceforjustice/aeroplane-rides-for-corrupt-police-corrupt-judges ,
Traitors in Judiciary & Police
https://www.scribd.com/document/329980170/Traitors-in-Judiciary-Police ,
Crimes by Khaki
https://sites.google.com/site/sosevoiceforjustice/crimes-by-khaki
FIRST Answer Judges Police
https://www.scribd.com/document/336585411/FIRST-Answer-Judges-Police
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the cases to perform their duties.
PRAYER:
In the above premises, it is prayed that this Hon'ble Court may be pleased:
a . Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants , Government of Karnataka authorities in the case to perform their duties.
b. Hereby , I do request the honorable supreme court of India to immediately annul the Jail Manuals of all state governments of india , which are discriminatory.
c. Hereby , I do request the honorable supreme court of India to constitute an expert committee to frame a “ Model Jail Manual “ applicable to all Indian states , union territories.
d. Hereby , I do request the honorable supreme court of India to initiate legal prosecution of jail personnel , police & judges who failed in their duties to ensure safety of prisoners , resulting in torture of prisoners and for prolonged imprisonment or illegal imprisonment of innocents.
e. Hereby , I do request the honorable supreme court of India to order all state governments to ensure food , health care , recreational facilities , parole on an equal footing to all prisoners without discrimination.
f. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners for suffering discrimination , torture.
g. Hereby , I do request the honorable supreme court of India to order respective state governments pay compensation to prisoners who spent years behind bars , finally acquitted by courts and in the case of prisoners who spent more years in jail than the quantum of punishment codified in IPC due to prolonged case trials. In both such cases afterwards state government must recover money from respective presiding judges , investigation officer & government legal prosecutor.
h . to pass such other orders and further orders as may be deemed necessary on the facts and in the circumstances of the case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 01st July 2017 …………………. FILED BY: NAGARAJA.M.R.
Place : Mysuru , India…………………….PETITIONER-IN-PERSON
Crimes by policemen, a matter of concern
By D V Guruprasad, , Former DG & IGP Karnataka
Sometime ago, when Delhi Chief Minister Arvind Kejriwal made a comment that “policemen are criminals in uniform”, there was outrage in the Delhi Police. A similar comment made earlier by a judge resulted in similar reactions.
Recent incidents in Bengaluru involving policemen, both serving and retired, in criminal activities makes one feel that may be such comments are not entirely unfounded. In the last week alone, Bengaluru police arrested a retired deputy superintendent of police (DySP) and seven serving policemen on charges of robbing businessmen post demonetisation drive.
Few years ago, some police officers in Mysuru allegedly stopped a bus going to Kerala, detained a passenger and knocked off a huge amount of cash he was carrying. On his complaint, an investigation was conducted and some serving police officers were charged for the crime.
Earlier in the past, crimes alleged against police personnel used to centre around their corrupt activities or custodial violence. We had even heard of cases where stolen property recovered from the accused were misappropriated by unscrupulous police officers.
However, policemen themselves planning and plotting robberies and dacoities were rare indeed. The fact that such incidents are now occurring frequently indicates that something is seriously wrong.
There is no easy answer to the question as to why policemen turn criminals. Lure of quick and easy money, constant interaction with criminals and inherent behavioural problems may be cited as some reasons.
But the larger question is how do such people get into the police force in the first place? Is there no system to screen such people from entering the system? Police recruitment does not have a system of identifying potential wrong doers.
Usually physical efficiency test, written test and personal interviews are held for selection. Police departments of five states are now incorporating questions related to assessment of a person’s psychological makeup into the written test.
But potential misfits are not flagged and removed based on their answers. In personal interviews of police sub-inspectors in Karnataka, a psychologist is part of the interview board. But no candidate seems to have been rejected based on the psychologist’s assessment.
Since it is difficult to prevent a person with criminal mind in getting selected into the police wing, it is incumbent upon police top bosses to inculcate values during induction training. While some states have introduced ethics as one of the subjects for police training, many still concentrate on subjects like law and police duties.
It is also a well-known that police training does not get the importance it deserves. Hence even at this stage, undesirable persons do not usually get weeded out.
If a person with a criminal mind manages to get selected and gets confirmed in the police force, the only way to make him pursue a path of law is by constant supervision. It is a pity there are no periodical assessments to gauge the mental makeup of a police constable or a sub-inspector.
The department normally goes by whatever is written by seniors in the Annual Appraisal Reports (ARRs). More often, these reports are written routinely. In the armed forces or in the central police forces, an assessment of a person’s performance and mental makeup is periodically made and black sheep are mercilessly weeded out.
As per the data of the National Crime Research Bureau (NCRB), the total number of criminal cases registered against policemen were 1,989 in 2013; 2,600 in 2014 and 5,526 in 2015. Of these 5,526 cases, Kerala itself accounted for 3,080 cases, whereas Karnataka reported only 84 cases. Considering that people in general do not make complaints against policemen in India, this figure is alarming.
Rare punishments
Out of the 5,526 cases, 4,367 cases were charge sheeted and in 1,512 cases police personnel were arrested. However, the total number of police personnel convicted is only 25. These figures indicate that wrongdoers rarely get punished.
Can such crimes be stopped? The answer is ‘no’. There will be black sheep in the department. However, such crimes can be minimised.
This can be done by screening the applicants for police jobs by using well established psychometric tests, instilling strong sense of values during training and having periodic refresher training courses, taking strict action including dismissing from the service against those with criminal bent of mind and constantly monitoring the activities of at least those police men who come to adverse notice.
Whistle blowers in the department need to be encouraged and protected. Efforts should be made to see that those police men charge sheeted for serious crimes do not escape punishment.
Merely having a Police Complaints Authority in every state does not solve the problem. A system of policing the police needs to be introduced. If police leaders do not sit up and take corrective measures, the situation will go out of hand.
CRIMINALS IN POLICE UNIFORM
- An appeal to union home minister & Karnataka state home minister
The ABC of police force in India is apathy ,
brutality & corruption . in India, police are not impartially enforcing
law instead are working as hand maidens of rich & mighty. The corrupt
police officers are collecting protection money from criminals ,
collecting money to go slow on investigations , to file B- reports , to
fix innocents in fake cases , to murder innocents in lock-up /
encounters . they are hand in league with land mafia , today C.M of
Karnataka himself issued a warning to police officials about this.
Even in lock-ups , jails, the rich inmates bribe
officials get better food from outside , mobile phones , drugs , drinks
, cigareetes , etc. they get spacious cells & get best private medical
care . where as the poor inmates are even denied food , health care ,
living space as per the provisions of law. The corrupt jail officials
instigate rowdy elements in the jails to assault poor inmates & to toe
their line. More corrupt the police more wealthier he is. Even CBI
officials are no different. The only beacon of hope is still there are
few honest people left in the police force.
Hereby , e-voice urges you to make public the following
information in the interest of justice.
1.how many CBI officials & Karnataka 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 ?
My 75 days of horror in the hands of Anti-Terror Squad
The Milli Gazette23 Oct 2010
In the police custody of 75 days, I never forget the words of Asstt. Commissioner of Police late Shri Vinod Bhatt, who committed suicide in the second week of August. Before his suicide, during interrogation he told me that he was under immense pressure from his senior officers to implicate us falsely in Mumbai train blast case and he also promised that he will try his best not to implicate all of you innocent people till he is alive.
Here is the story of Ehtesham Qutub in his own words how he was detained and tortured for two and half months by the Mumbai Anti-Terrorism Squad during the 7/11 blast investigations. He is resident of 202, Safiya Manzil, Naya Nagar, Mira Road (E), Distt. Thane, Maharashtra - 401107. He is currently lodged in a Mumbai jail where his address is: UT-1129/10, 2/4 (Anda Cell), Mumbai Central Prison, Arthur Road, Mumbai. According to an estimate around one thousand such Muslim youths are currently lodged in Indian jails on mere suspicion, concocted evidence mainly confessions extratcted through inhuman torture.
My name is Ehtesham Qutubudin Siddiqui, age: 29 years, occupation: Book Publisher. I was born in Uttar Pradesh in a poor family. In the year 1996, I moved to Mumbai for further education. My residential address in Mumbai is 202, Safiya Manzil, Naya Nagar, Mira Road (East), Thane – 401107 Maharashtra. I completed my XII standard through Maharashtra College, Belasis Road, Mumbai Central. I took admission in Narayan Nagu Patil Engineering College, in Pen. Raigad through Mumbai University in Chemical Engineering course in 1998. I used to stay in a hostel near the campus. However, during my vacation and holidays, I used to visit Mira Road which is my residential permanent address.
On 27 September, 2001 while I was travelling from Pen to visit my house, on the way, I thought of visiting a library situated at Feetwala Compound, Kurla (West) Mumbai, for reading some books. That evening around 8:00 pm, some policemen came in the library and took me along with seven other people to Kurla Police Station. They did not tell me the reason for detention, and arrested me under section 10&13 of Unlawful Activities (Prevention) Act 1967. They informed me that Students Islamic Movement of India has been declared as a banned organisation. They informed me about the offence only after the arrest i.e. when they produced me before Magistrate of Kurla Court. The truth is that I was never associated with any organisation which is mentioned above. The Hon’ble magistrate of Kurla court had released me on bail of Rs. 3000. However the Kurla police, instead of releasing me took me to the police station and put me inside the lock up and said that I have been arrested in another case of the same offence. Kurla police has framed me in false cases which I had nothing to do with, and they have spoilt my reputation in society. In regard to second false case, the police took 15-day custody. After 15 days, I was granted bail of Rs. 8000 security. As it was a conditional bail. I could not continue my studies which resulted in the end of engineering course. After that, I learned Desktop Publishing on my Personal Computer and started a DTP business from my house in Mira Road known as "Graphic Point". In March 2004, I started a publishing company known as "Shahadah Publishing House" publishing Islamic literature and books on general knowledge. In July 2003, I had taken admission in B Sc to complete my graduation through Indira Gandhi National Open University. But due to my arrest and false implication in 11th July 2006, Mumbai serial train blast case my whole career has gone for a toss.
Due to old record in Kurla police station, it had become a regular routine of detaining me. Every time or whenever any incident took place in Mumbai, I was called by police for a formal interrogation. Besides those two false cases registered by Kurla police,. I do not have any other criminal record as I was living a normal life in Mumbai.
On 11 July, 2006, serial bomb blasts took place on Western Railway during peak hours, that time I was at home. When I learned about the blast at Mira Road, I went to the blast site to help the victims. I knew very well that police will come to me for formal enquiry like the regular police routine, that had been a trend since 2001. Hence senior police Inspector namely Murade of Mira Road police station came to my house on 13 July, 2006 in evening time and asked me to come to the police station on the next day. On 14 July, 2006 at 11:00 am, I went to Mira Road police station to meet Sr. PI Murade. He questioned me about my whereabouts and asked me for my phone number, which I gave him (28115084) and left the police station. He also told me that if required for further investigation I will be called.
Torture position 1: Hitting the victim by flour mill belt on the inner part of hand, buttock and feet about 200 times per spell leaving part of hand and feet in blue colour with strong pain during torture. Other body parts too were hit by this belt any part of body
On 24 July, 2006, in the morning around 11:00 am, police sub-Inspector Sunil Mane of Anti-Terrorism Squad (ATS) unit-II, visited my house and asked me to come at Nagpada ATS office, the same day before 3:00 pm. That day I went to Nagpada ATS office at around 2:00 pm. I met PSI Sunil Mane and he told me that senior officials will interrogate me so they will take me to Bhoiwada ATS office. Upon reaching Bhoiwada ATS office, PSI Sunil Mane took me to the second floor in lock up, where he called PI Vilas Joshi, PI Dinesh Ahir, PSI Shailesh Gaekwad and other beating me with belts and sticks and continued beating me till evening. Later they took me from Bhoiwada to Nagpada handcuffed. They did not allow me to inform my parents or any of my relatives. When I was taken from Nagpada to Bhoiwada, before taking me inside the lock up, they emptied my pockets during my physical search. They took away my mobile, ATM card, PAN card and Rs. 25.000 cash, which I was carrying off, with which I wanted to purchase a personal computer. PSI Sunil Mane only made entry of ATM card, PAN card and mobile in panchnama. However they distributed the Rs. 25000 cash among themselves. On 29 July, 2006, when PSI Sunil Mane was prepreparing panchnama, I noticed that he did not mention the Rs. 25.000 cash in the recovery. upon which I asked him about the money. I was surprised by his reply: "bhool ja be tere paise!" (forget your money)
Anti-Terrorism Squad (ATS) detained me illegally from 24 July, 2006 to 29 July, 2006, as I was not produced before any Magistrate till 29 July, 2006. During this period ATS officers continued beating me for several hours everyday.
ATS officers had searched my house in my absence, as I was in their custody. They took all the books and literature which was published recently into their custody. ATS officers had taken all valuable things from house, which I saw in ATS office and which included computer, printer, drill machine, tape recorder, Rs. 10.000 cash, blankets etc. ATS officers chose two books namely Jihadi Azkar and Islam ki Rooh-Jihad fi Sabilillah, which described basic fundamentals of Jihad in Islam, and contains verses of Qur’an and saying of Prophet Muhammad (pbuh), and does not contain any inflammatory material and is easily available in the market. On the basis of these two books they arrested me on 29 July, 2006 and produced me before Additional Chief Metropolitan Magistrate, 2nd Court, Mazgaon, Mumbai and took me on 15 days police custody u/s 10&13 of Unlawful Activities (Prevention) Act 1967. I was surprised when charge sheet was filed and one book namely Jihad fi sabilillah-kyon added in recovery which was not at my house. I wanted to tell many things to magistrate about the torture and illegal detention but ATS threatened me not to say anything to magistrate or else they will torture me more severely using third degree torture methods, therefore I could not tell any thing to the magistrate.
Torture position 2: Giving shock using an electric current machine by making the victim nude. They tie wire on thumbs of legs and private parts of body, then current is passed at regular intervals.
ATS officer took me to unit-II office and they started beating me, they never told me any thing why they had arrested me but kept beating me. While torturing they used to say that too musalman hai isliye tere ko mar rahe hain (You are Muslim therefore we are thrashing you) with every blow they used to abuse my religion and said tere ko yehan koi nahi bachayega (No one will save you here). On 03 August, 2006 I was cruelly tortured by PSI Shailesh Gaekwad, PSI Sunil Mane and PI Vilas Joshi and asked me to accept the said crime of bomb blast in front of senior officials of ATS because of the torture I agreed to do whatever the ATS officers told me to do. After which they took me to ATS head office, where ATS Chief KP Raghuvanshi and DCP Naval Bajaj were seated in the office. There in front of these senior officers I complained about the torture that PSI Shailesh Gaekwad, PSI Sunil Mane and PI Vilas Joshi had done, and I also told ATS chief KP Raghuvanshi, that I am innocent and they are trying to involve me in the blast case. But to my surprise KP Raghuvanshi slapped me and told the officers that this torture was not enough and asked them to take me to Bhoiwada and beat me black and blue. I completely lost faith in the senior-most officers as well as junior officers because this fraud of framing innocent people was ordered by senior officers of ATS including ATS chief. That on next day i.e. on 05 August, 2006 an officer namely PI Sunil Deshmukh took me to Chandan Chowki at Juhu where the officers conducted Narco analysis test which was illegal and without permission of court, and the officers from Forensic Science Laboratory, Mumbai were also present there. Before taking me to Chandan Chowki, I was taken for medical check up at KEM Hospital, where I had complained about the torture, the medical officer present there referred to get x-ray and gave some medicines. However the medical reports were false and no report of torture was registered. After the illegal Narco test DCP Naval Bajaj told me that, I confirm that you are innocent and we will transfer you to judicial custody on 12 August, 2006. However the next day I was taken to Nagpada unit-II by PI Dinesh Ahir, and upon reaching there he along with other officers tortured me and also gave electric shock on my private parts. After torturing me for ten hours they left me back to Bhoiwada lock up.
Torture position 3: After removing clothes, the victim is made to sit on floor with both hands tied behind by rope; thereafter both legs are stretched in opposite direction making 180 deg. angle.
On 12 August, 2006, ATS officers arrested me in Mumbai train serial blast case and took on police custody for two days. ATS officers told me that I will be sent to Judicial custody on 14 August, 2006. However on 14 August, 2006, they took police custody upto 25 August, 2006. On the same day I was taken to Kurla in Vijay Salaskar’s anti-Robbery Squad office which is also a torture room. There the officers beat me with belt and stick and then they handcuffed me to the window and did not allow me to sleep and I remained standing whole night.The same night ie. in the night of 59th anniversary of Independence day, horrifying torture were carried out by Vijay Salaskar’s men on the family members of an accused namely Faisal Shaikh, who is under arrest in the Mumbai train serial blast case. These tortures are a great shame for nation as our country became Independent on the ideology of "ahinsa" propounded by father of nation Mahatma Gandhi. In front of us Vijay Salaskar’s men had removed the dress of 75 year old Faisal’s father and beat him with belt. They also insulted the modesty of woman by uncovering the face of wife of Faisal’s brother, which was covered by veil.
On 21 August, 2006, PI Vilas Joshi, API Survey of Nagpada unit took me to Ujjain by train. There ATS officer showed me a hut 20 km away from Ujjain city. After that they told me that now you had attended a meeting held in 1st week of July at the said place. I was stunned and surprised because they falsely implicated me in the said meeting. On 24 August, 2006, I was taken back to Bhoiwada lock up.
On 25 August, 2006, I was produced before Hon’ble Judge of Mazgaon Court and ATS again took me in police custody till 08 September, 2006 in another case of Mumbai serial train blast registered by Andheri Railway Police Station. ATS officers did not allow me to sleep for six consecutive days. During this period an officer from Ahmadabad, Gujarat namely DG Vanzara also interrogated me and also abused and tortured me. He said that you are in Mumbai that is why you are alive, if you were arrested in Gujarat, I would have done your encounter. DG Vanzara told Naval Bajaj that the arrested accused are Muslims, therefore implicate them in the blast case to avoid public reaction and pressure from the government, and if required shoot any of them and show that they were trying to escape from custody.
Torture position 4: Victim is tied to a chair so that he is unable to move his head in any direction; water is dropped slowly on his scalp for hours causing very strong pain in neck and head.
On 05 September, 2006, I was taken to ATS Head Office, where police commissioner AN Roy, ATS chief KP Raghuvanshi, Adl. CP SK Jaisawal, Jaijeet Singh were present. However Jaijeet Singh and SK Jaisawal left the room. KP Raghuvanshi told me that "we are not able to find the real culprits and were are planning to frame up the case because government is pressurising us to implicate the arrested accused and finish the case, and also told me that "we will make you an approver in the case and you will be released after some months". He also offered me Rs. 25 lakhs for becoming an approver. I refused and told him that I am innocent and there is no question of confessing the crime or turning into an approver. The next day I was taken to Bangalore to conduct Brain mapping test, polygraph test and Narco analysis test. PI Raja Mandge and PI Prasad Khandekar took me along with them to Bangalore through Jet Airways. In Bangalore I was taken to Forensic Science Laboratory, where brain mapping and polygraph test was conducted by Dr S Malini. Next day I was taken to Bowring & Lady Curzon Hospital for the Narco analysis test. After conducting this test I was brought back to Mumbai on 08 September, 2006. While returning to Mumbai API Shelke told me in the plane that the test confirms that I am innocent and will be released shortly. However ATS officers produced me before the court and took me in police custody till 14 September, 2006, and arrested me in another case of Mumbai train serial blast registered by Bandra Railway Police Station. On 10 September, I was again taken to Bangalore for another Narco analysis test. The Narco test was conducted on 12 September by Dr S Malini. During the test, I was conscious and understood all the questions asked by Dr S Malina and answer given by me. The next day i.e. on 13 September, 2006, I was brought to Mumbai by another officer PI Prasad Khandekar and was taken to Nagpada ATS head office and produced before KP Raghuvanshi who told me that I have taken lot of rest and now it is time to break your bones. If you want to save yourself then do as directed and become an approver. I declined his offer saying that I am innocent and you all are trying to frame me in an offence which I have nothing to do with. This infuriated him and he told to PI Tajne to take me to Kalachowki police station and beat me till I obey them. PI Tajne took me to Kalachowki police station, there officers including Adl. CP Jaijeet Singh, DCP Naval Bajaj, ACP Sadashiv Laxman Patil PI Raja Mandge, Tajne, Khanwilkar and other constables started beating me using third degree torture methods. During the torture ATS officer showed me an edited CD of the Narco test. When I told them that the CD was edited, they started beating me mercilessly and asked me to act according to their wish. The series of tortur continued till 18 September, 2006, and on the same day PI Khanwilkar talked to me in private and said that he will request to the police commissioner AN Roy for my judicial custody on 22 September, 2006 and after one month I will be discharged from this case. However, when I was produced in court on 22 September, 2006, PI Khanwilkar told me that the senior officers have planned to falsely implicate you people in this case, but also said that do not worry as ATS have no proof of your involvement in this case and you will be discharged or acquitted from this case in about two years.
On 24 September, 2006, ATS officers again took me to Bangalore for Narco analysis test and I understood that the frequency of conducting so many Narco test was only to convince the senior officials of the government. From the Narco test ATS officers wanted some specific word from the accused persons which would incriminate them in this case and they wanted the Narco test video CD edited in a proper manner, which they did with the help of Dr S Malini, who conducted the Narco test thrice on me and other co-accused persons. Dr S Malini is also involved along with the ATS officers in this fraud. On 27 September, 2006, I was brought back to Mumbai on 28 September, 2006, I was produced before Hon’ble special judge Shri Abhay Thipsay in Sewri Session Court and ATS took my police custody under Maharashtra Control of Organised Crime Act 1999 till 09 October, 2006.
On 29 September, 2006, I was tortured continuously for five hours using third degree methods by PSI Sachin Kadam, later I was produced before police commissioner AN Roy and ATS chief KP Raghuvanshi. Both the senior officers laughed at me and KP Raghuvanshi told me that I have been implicated in the blast case and forget about India being a democratic country. India is a Hindu rashtra and there is no place for Muslims in India. Muslims in India are only for jail and encounter. Now the only way to protect yourself from long imprisonment is that you become an approver in this case. I refused to become an approver and told them that the method to save myself was that you people catch the real culprits and release the innocent people. On this AN Roy told me that I have pressure from the home minister of India and home minister of state, and we are unable to do anything besides framing the case on you people and fabricating evidence against you people because I have to answer my seniors also. After this AN Roy told me that tomorrow we are calling a press conference and you all will be famous as terrorists.
On 03 October, 2006, DCP Naval Bajaj came to meet me in Bhoiwada lock up. He was convincing me to sign on some blank paper and some paper with written material, but I did not sign on any of the papers. He abused me and said that I was very stubborn and would not obey without being tortured. After that I was taken to Kalachowki police station for torture.
On 06 October, 2006, PI Tajne produced me before DCP Dattaray Karale of zone IV, where the DCP asked my name and lodged me in Matunga General lock up for 22 hours. During this time PI Tajne and API Deore tortured me in Matunga lock up and threatened me to sign on the papers given to me on next day. Then next day I was taken to the office of DCP Dattararay Karale, where he forced me to sign on some papers, with written material on it. PI Tajne and API Deore were also present in DCP’s cabin. I did not sign the papers voluntarily but upon police pressure and threats I did. Later I was produced before chief metropolitan magistrate SS Shirke. The magistrate asked my name and date of first arrest in front of ATS officers. I did not understand what was going on, then I was sent back to Bhoiwada lock up. On 08 October, 2006, one of the ATS offices told me that the papers which I had signed was my confession, which I was not aware of till this ATS officer informed me. On 09 October, 2006, I retracted my "confession", which is false and fabricated, before Hon’ble special judge Mridulla Bhatkar, and on the same day I was remanded to judicial custody.
Torture position 5: Victim is tied upside down, both legs and hands also are tied by rope, then water is poured into his nose at regular intervals for about one hour
In the police custody of 75 days, I never forgot the words of Asstt. Commissioner of Police late Shri Vinod Bhatt, who committed suicide in the second week of August. Before his suicide, during interrogation he told me that he was under immense pressure from his senior officers to implicate us falsely in Mumbai train blast case and he also promised that he will try his best not to implicate all of you innocent people till he is alive. Unfortunately Shri Vinod Bhatt committed suicide under tremendous pressure.
In the 75 days long period, police custody, ATS officers used third degree method for torture. The third degree torture methods which were used by ATS officers on me are as follows:
• ATS officers used belt, which is used in flour mill, to beat us. They strike on the inner part of hand and feet about 200 times per spell leaving part of hand and feet in blue colour with strong pain during torture. After beating the parts of hands and feet become swollen. Medical officer of KEM Hospital supported ATS by not examining properly. ATS also used this belt to torture us also on any part of body, even on buttock also, due to this torture I cannot sit properly.
• ATS officers gave me shock using an electric current machine by making me nude. They used to tie wire on thumbs of legs and private parts of body. After that they pass the current at regular intervals. ATS used this method of torture four times on me during police custody.
• After removing my clothes, I was made to sit down on floor, both hands tied by rope behind the body, thereafter my both legs stretched in opposite direction making 180 degree angle. This torture method was repeated many times. During the period of custody they stretched my legs five times.
• ATS officers tied me on a chair, which is kept very close to wall, they tied my head in a way that I cannot move my head anywhere in any direction. Then they dropped the water drop-by drop on my scalp upto eight hours. Due to this torture very strong pain occurred in neck and head.
• They used to tie me upside down (i.e. in reverse position) and my both legs and hands also tied by rope, then they used to pour water in my nose at regular intervals about one hour, they used this technique of torture on me 3 times.
• ATS officers threatened me that my family members also will be arrested in this case or brought by ATS and they will be molested, if I do not sign on confessional statement. They used the example of the family of my co-accused Faisal Shaikh, who was molested by Vijay Salaskar team in front of me.
• ATS officers, including senior officers of IPS rank police commissioner AN Roy and ATS chief KP Raghunvanshi had given huge amount of cash after release, and also given the inducement of settlement anywhere in the world. These officers also promised many times to discharge me from the case if I became an approver.
I, Ehtesham Qutubuddin Siddiqui, solemnly affirm that whatever has been stated here above is true and correct as per my knowledge and belief.
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761, HUDCO FIRST STAGE , OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL
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