Important Letter – To Chief Secretary, Govt. of Karnataka

Karnataka Komu Souharda Vedike,

Dakshina Kannada

SamirBuilding,Bibi Alabi Road, Mangalore – 575 001, Ph: 9964071782

________________________________________________________________________

The Honourable Chief Secretary

Govt. of Karnataka

Sir,

It is with great sorrow that we have to place on record the outrageous behaviour in public of two high-ranking public servants, namely the Deputy Commissioner of Dakshina Kannada district and the Mangalore City Police Commissioner. The details are as follows:

The above-named public servants had attended a flood-lit sports meet held on the 11th of this month at the Shri Rama Vidya Kendra at Kalladka (Bantwal Taluk). The head of this school is Mr. Kalladka Prabhaker Bhat who is also the ‘Dakshin Madhya Kshetriya Sampark Pramukh’ of RSS, the mother organization of Sangh Parivar. As you are no doubt aware, RSS is an out and out communal organization known to be favoring one particular community and having the specific agenda of turning the Indian republic into a “Hindu Rashtra” and forever spewing venom against members of the minority communities. It has been banned twice in the past for its anti-national activities, once after Gandhiji’s assassination and the second time during the emergency. You must also be aware that saffron flags and saffron shawls are the official symbols of all Sangh Parivar outfits. The above-named public servants not only chose to wear the saffron shawls offered to them but also sat on the dais with other invitees sporting similar shawls. These two officials, by seemingly associating themselves with such a group as RSS, have violated the condition that no public servant should be seen to be associated with any particular group favouring one particular community or known to have links to any political party.

In this connection, we would like to narrate another incident which had taken place during the recent Dasara festival. A banner and a welcome arch in the name of Sadhvi Pragya Singh Thakur had been put up at Ullal (a suburb of Mangalore) in connection with Dasara celebrations. Now everyone knows that Ms Thakur is a suspected terrorist involved in the Malegaonblasts and that she is a member of Bajrang Dal, which is a part of the Sangh Parivar. The banner had huge pictures of Ms Thakur and that of Lord Krishna and it eulogized her with quotations from the Gita which said “Yada yadahi dharmasya glanirbhavatu bharata………” The words “Om Shakti Friends Circle” were printed at the top of the banner. The location of the arch and banner was close to the Ullal police station. But, for nearly three days the authorities had not taken any action. When questioned by the media, the Mangalore City Police Commissioner had replied that the matter had been brought to his notice and he had directed the officials to take suitable action in this regard. But when asked whether prior permission had been obtained for the banner, the Commissioner did not reply. To the best of our knowledge and belief, no action has been taken on this matter till now.

There appears to be an indirect but pointed message to the minorities here, that the top officials of the district are seemingly biased in favour of the majority community. Consequently there is a heightened feeling of insecurity among the minority communities. The district is already notorious for being a communal cauldron with a terrible record of communal riots, attacks against minorities, moral policing etc, etc. The minorities, especially the poor amongst them, have been virtually living in a state of fear for the past several years. Given this situation, such atrocious and objectionable behaviour by supposedly responsible public servants has shocked the people of the district. Quite naturally, the people are expressing serious misgivings about constitutional governance and rule of law in the district.

The above-named authorities have committed an extremely serious violation of law and service regulations. They seem to have no regard for the Prime Minister’s 15-point programme. We therefore condemn the constitutional impropriety and totally unpardonable behaviour on the part of these two public servants and demand that in the larger public interest they should be immediately suspended and necessary legal action should be taken against them.

Yours sincerely,

Suresh Bhat Bakrabail                                                                  Place:  Mangalore

(President)                                                                                   Date: 17th December, 2011

Enclosures: photocopies of the two relevant reports published in local newspapers.

Is police allowed to arrest anybody, detain & torture anyone & then release without any charge ?

26 April 2012

To
The Chairman
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi
Respected Sir
I want to draw your attention on an incident of illegal arrest, detention and custodial torture. The incident took place under the jurisdiction of Raninagar police station of Murshidabad district. The victims of this brutal torture are in their teens and studying. You are well informed about the reign of violence by the law enforcement agencies at this part of the Indo- Bangladesh bordering areas. Moreover, Mr. Nilanjan Roy, Sub Inspector of Police, now attached with Raninagar Police Station is known for his notoriety and many complaints are pending before your Commission and other HRIs on his torturous acts.
The victim; Mr. Gulam Mujtuba belongs to minority community and studying engineering at a nearby college. While the police apprehended him with his friends; not showed any reason, not prepared any memo of arrest and tortured them inside the police station and during their apprehension, obtained signatures in blank papers and denied food and water in the police station. Moreover, the police released them without explicit reasons for arrest. The act was according to the whims of the police and in contravention of prescribed law and procedure.
I am attaching a detail of the incident for your reference.
In this regard I demand for:-
1.    An independent inquiry of the occurrence
2.    Booking of offending police personnel according the prescribed legal provisions
3.    Guarantee of protection and safety for the victims and witnesses with the family members of the victims
4.    Due compensation for their financial loss incurred by medical treatment
Sincerely Yours
(Kirity Roy)
Secretary, MASUM
&
National Convener, PACTI
Name and details of the victim: Mr. Golam Mujtuba; son of Mr. Nazrul Islam; aged around 19 years, resident of Village- Char Majhardiar, Post Office- Border Para, Police Station- Raninagar of Murshidabad District
Name and details of the perpetrators: Mr. Nilanjan Roy; Sub Inspector of Raninagar Police Station and 7 other Constables of the same police station
Date and time of the occurrence: 03.03.2012 at about 8 pm
Place of occurrence: Char Majhardiar, Post Office- Borderpara, Police Station- Raninagar
Case Detail
The victim Mr. Gulam Mujtuba, is a student of local college at Narsinghapur. His father is a respectable and educated person of the area. Mr. Nazrul Islam is trying hard to educate his two sons with modern education. On the fateful night, Gulam Mujtuba came to his native from his college hostel of Narsinghapur College where he is taking a course on Engineering. At the time of the incident, he along with his friends from the said village was chatting at the vicinity of Mr. Badal’s shop at Majherdiar village. All of a sudden Mr. Nilanjan Roy; the Sub Inspector of Raninagar police station along with the said police constables came at the scene and pounced and shoved Gulam Mujtuba and his friends towards their parked vehicle. The police personnel not showed any reason for arrest at that time. The personnel physically tortured the unaware youths while they were apprehended. Mr. Sahaban Ali and other villagers of Majhardiar village witnessed the incident.
Later, the youths were brought to Raninagar police station at about 8.30 pm. In the police lock up, the youths were denied to put their warm clothes and physically and mentally tortured. They not even provided food to the youths at the police lock up. The police was reportedly trying to extract confessions regarding a scuffle; which broke a few days back at adjoining village of Danrakaci under Raninagar police station but the youths have no involvement with that. During their forced stay at the police station, the youths were denied food and water. At the dead night at 1.00 am of 4.03.2012, the youths were almost driven out from the police station while the police personnel obtained their signatures on blank papers. The youths were forced to spend that night at open and in wee hours returned to their respective homes.
Gulam Mujtuba visited a doctor at Sekhpara village at 7 am of 4.03.2012 and the doctor opined for severe mental and physical torture. The families of victim youths did not made any complaints to police regarding the illegal detention, arrest and torture, out of utmost fear from local police in first hand but later the father of Gulam Mujtuba after gathering enough courage on 9.4.2012 made a complaint to the Superintendent of Police; Murshidabad and a copy of that complaint was sent to the Chairman West Bengal Human Rights Commission. Till date no appropriate measures have taken against the errant police personnel.


Kirity Roy
Secretary
Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)

Aadhaar card scam unearthed in Hyderabad

Aadhaar card scam unearthed in Hyderabad

Mahesh Buddi, TNN | Apr 27, 2012, 03.09AM IST
Article

HYDERABAD: Raising serious security issues over Aadhaar cards, an enrolment agent has processed 30,000 unique indentity cards (ID) within a span of just six months in the Old City. Also, among them 800 were enrolled under the physically-disabled persons category. However, a probe by investigating agencies revealed that the Aadhaar cards registered under the physically-disabled category were created with fake identities.

The civil supplies department, which is the nodal agency for rolling out Aadhaar cards in the state, had assigned the task of enrolling citizens to eight companies, including Infrastructure Leasing & Financial Services Limited. The fraud was committed by infrastructure major IL&FS’s data entry supervisor of the Old City, whose first name, according to civil supplies department sources, is Mohammed.

On April 20, the state government authorities became suspicious about the fraud as the agent had registered details of 30,000 people for Aadhaar card in a span of just six months, which would normally take two years. On scrutiny, they found that 800 enrolments were under the physically-disabled quota, where a person is without either fingers or eyes.

The uniqueness of Aadhaar card is inclusion of iris scan and fingerprint details in the card’s micro chip. However, to include those without fingers and eyes, an option has been provided in the enrolment process, where it would be declared that the candidate does not have fingers or eyes. As Aadhaar card would not have these details printed on the card, it would become easy for the fake user to utilize the card to get essential identification documents like a passport.

Based on the government’s directions, the Charminar police have conducted a probe into these physically-disabled Aadhaar card holders and found out that none of those candidates reside at the given addresses and their other details were also fake. After the probe, the civil supplies authorities were informed and they gave the go ahead to book a case against the supervisor.

On Thursday, police booked cases under sections 468, 471, 419, 420 and 120-B of the IPC against Mohammed. As police began probe into the activity, he fled from the city a few days ago.

However, a special team nabbed him in Mumbai. He would be brought to city soon. “We are looking into the possibility that all the 30,000 Aadhaar card registrations made by him could be fake and the main challenge is to know for whom he did it and what purpose,” a police officer said.

Arms sting: Bangaru Laxman gets 4 years in jail

Arms sting: Bangaru Laxman gets 4 years in jail

NEW DELHI: Former BJP president Bangaru Laxman was sentenced today to four years in jail by a Delhi court for taking a bribe of Rs one lakh in a fictitious arms deal case 11 years ago.

Additional Sessions Judge Kanwal Jeet Arora sentenced 72-year-old Bangaru, also a former Union minister, holding him guilty of taking the bribe from fake arms dealers to recommend to the defence ministry to award them a contract to supply thermal binoculars to the Army. The court awarded him the prison term, rejecting his plea for leniency and ordered that he be taken in custody to serve the sentence.

The court also imposed a fine of Rs one lakh on Bangaru, who had been caught on camera accepting the money in his chamber in the party headquarters and had to quit as its president shortly after the sting expose which had created a huge political storm. “Balancing the twin interest of society and that of the convict, I am of the opinion that interest of justice would be met, if the convict is sentenced to undergo rigorous imprisonment for a term of four years and to pay a fine of Rs one lakh for the offence under Section 9 of the Prevention of Corruption Act,” the judge said.

“It is often said that the accomplice of the crime of corruption is generally our own indifference. ‘Sab chalta hai’ syndrome has led us to the present situation, where we are, where nothing moves without an illegal consideration. People are forced to pay for getting even the right things done at right time,” he added.

The judge, in his 14-page order on quantum of the sentence, said it is time to “shun” the “sab chalta hai” (It’s OK, whatsoever!) attitude and courts should deal strictly with persons found guilty of corruption.

“It is right time to shun this attitude. When Parliament, taking note of the grim situation, has taken first step to sternly deal with such persons by increasing the quantum of punishment which can be imposed, it is the turn of the court to follow suit, so as to implement the will and intention of the legislature by interpreting the provisions of the PC Act as per the dictates of the apex court,” the judge said.

“The problem of large-scale and rampant corruption, more particularly, the political corruption is weakening the political body and damaging the supreme importance of the law, governing the society,” “The wisdom in the saying ‘crime never pays’ is belied by the factual realities of the day. The crime scenario in our country is distressingly disturbing as it has shattered hopes of both the plebeian and intellectual society about a possible rejuvenation of a value-based society,” the judge said. The court had on Friday convicted Bangaru observing that the CBI had established the case of accepting Rs one lakh bribe against him.

“Accused Bangaru Laxman stands convicted for the offence under Section 9 (taking gratification for exercise of personal influence with public servant) of the Prevention of Corruption Act,” the judge had said.

Counter Maoist offensive

Counter Maoist offensive

Naxalites, Maoists, Left Wing Extremists call them what will, (for convenience I shall call them Naxalites) have virtually taken over about 160 districts of India. That covers more than a quarter of the whole country. All of these are located in the heart of India — Chhattisgarh, Jharkhand, eastern Bihar, parts of West Bengal, south eastern Maharashtra, south western Madhya Pradesh, Odisha and north western Andhra Pradesh. In Andhra Pradesh, in the Telangana region, the administration and the police, by forceful action, have been able to regain control and the Naxalites are on the run from there. In Chhattisgarh, Odisha and south eastern Maharashtra, however, the Naxalites reign supreme.

There is a group of so-called liberal activists, of whom Arundhati Roy and B D Sharma also claim to be supporters, who look upon the Naxalites not as terrorists but as people who are leading a revolution against a heartless, capitalist, anti-people and anti-tribal state and, therefore, they refer to the movement as a war of liberation. How is this war fought? Certainly not by the Geneva Convention. It is fought through terror in which the first victim is the innocent tribal villager who at the point of a gun is made to accept the Naxalites as leaders. It is fought by targeting police officers and government servants doing their duty, it is fought by blowing up school buildings, it is fought by putting an end to all development works, it is fought by trying to destroy every democratic institution, especially the Panchayat Raj institutions. It is fought by blackmail and by extortion in that those persons going about their normal business in these districts, or contractors who have taken the risk of constructing development works, such as roads, are forced to pay large sums of money to the Naxalites in order to do business or to undertake the construction work.

In Dantewada district a road contractor from Nagpur was made to pay `20 lakh, which he did. Another dalam which had not got money demanded a similar amount and when he refused payment for a second time he was shot dead. His very courageous widow came from Nagpur and fought the Naxalites on this and one of the dalams apologised. Bus operators can travel only on those routes and at those times which the Naxalites permit. Even the poorest villager has to pay his tithe to the Naxalites in order to survive. People who deny education to the citizens, who hamper medical care by not allowing primary health centres to function, who disallow development works so that there can be no upliftment can hardly call themselves warriors for the rights of the people. I see very little difference between these bands of Naxalites and the criminals who form the gangs in Mumbai owing allegiance to Dawood Ibrahim and Chhota Rajan. These are harsh words but unfortunately they are true because it is time we recognise the Naxalites for what they really are — common criminals.

Who else would go to a village in Ghadchiroli district of Maharashtra and decapitate two villagers and abduct 10 others? The latest tactics of the Naxalites is abduction of senior government servants and politicians, to be used as hostages for having their demands met. The demands always relate to release of hardcore Naxalites accused of specific crimes, including murder with a view to ensuring that they evade justice. The latest in this series is the abduction of Alex Paul Menon, the collector and district magistrate of Sukma in Chhattisgarh. Sukma was the southern most tehsil of the then Bastar district, which was recently constituted into a separate district. Alex is a proactive officer, who extensively toured the district and tried to make the civil administration effective. What do the Naxalites do? In a village where he was addressing a Panchayat sammelan they murdered his two security officers and then abducted him. It is an utter disgrace that large bands of armed men can roam about without being detected, abduct senior officers and then hold them hostages.

It is about time that this nation woke up to the fact that the situation in the Naxalite-hit districts is worse than in Nagaland and Mizoram at the height of insurgency. There neither the army nor the police withdrew, they brought rebels to encounter and proved to them that insurgency cannot defeat the Indian State. In the Naxalite-hit districts the state has virtually withdrawn. It is about time that we re-established the writ of the state in these districts. Chidambaram talks about development as the answer to Naxalism. Development is possible only in an environment of peace and security and, therefore, till order is restored there can be no development. The home ministry does not understand the seriousness of the situation.

The Naxalite hit areas need to be swept clean of terrorists. The government must say very categorically that there will be no negotiation on hostages, that murder will be treated as an offence under Section 302 of the IPC and that order will be restored very quickly.

A few suggestions are:

— If need be we should be prepared to lose hostages, but the retaliatory strike must be swift, deadly and highly effective.

— All police stations must be fortified, made impregnable to attack and used as launch pads for patrols, sorties and raids against specified targets.

— The police must be strengthened, armed, equipped and trained so that it can take on any attacking Naxalite dalam.

— There should be no hesitation in using air support, especially armed helicopter.

— A corps level exercise should be mounted with a view to sweeping the target area and forcing terrorists to flee. They should then be driven on to the security forces, mainly police, waiting in ambush and liquidated.

Normally the Naxalites would not attack the army but if they are foolish enough to do so they will suffer the consequences. The main point is that the day an entire dalam is wiped out and heavy casualty inflicted police morale will rise and the recruitment base of the Naxalites will shrink. Once order is restored let us put our best officials into the area and bring genuine, assimilable development to these backward districts.

(Views expressed in the column are the author’s own)

M N Buch, a former civil servant, is chairman, National Centre for Human Settlements and Environment, Bhopal.

E-mail: buchnchse@yahoo.com