Impunity BY NHRC of India

Impunity by National Human Rights Commission (NHRC) of India
Be it known that Asian Human Rights Commission (AHRC), based in Hong Kong has recently issued an open letter to Chairperson of NHRC and has also issued an urgent appeal in relation the case of an attempted assassination on my life and further blackmail by the police. In this respect detailed report is enclosed with this appeal. I would like to say my thanks to Mr. Basil Fernando, Executive Director of AHRC who helped me morally to come out with truth and gave me courage to fight against the impunity and discretionary action of NHRC.I wanted to draw the attention of NHRC that police of Varanasi made conspiracy to intimidate and kill Dr. Lenin on 18 Feb. 1998 by state managed encounter of Shiv Dhani Chauhan in his parent’s home, because I had already filed a complaint against police to make a fake encounter of Babloo Singh and its associates. In this case, it should also be noted that my mother Shri Mati Savitri filed a complaint with NHRC and NHRC issued notice to SSP of Varanasi as most immediate case no.997/24/98-99.Today I came across to the aforesaid case through website of NHRC and found that NHRC had closed the case by stating,” In this case the notice is issued several years back calling for the response of the concerned authority to the allegation made. No response has been received to the notice even now and the complainant/petitioner also has not evinced any interest during this period to pursue the matter. Apparently, the case has become infructuous and no useful purpose could be served by keeping them pending or pursuing them further since there appear to be no surviving grievance. Accordingly the case is closed. However, this intimation be sent to the complainant/petitioner for information”.
It is utter surprising for me that the NHRC has not mentioned in its above mentioned order about the documents which were sent by my mother on 2.11.1998 and through registered post on 3.11.1998 from Kalka ji Post office of New Delhi (registry Number 3962618) in the pursuance of this case. So it is totally wrong to say that petitioner has no interest in the case. As for as intimation to the petitioner from NHRC about the order is concerned, the petitioner never received any information or intimation in this respect.
It seems that NHRC is mislead this case at a great extent which is a matter of concern not for only common people but for Human Rights defenders as well. Actually it is a mockery of rule of law and independent justice system of India. In such a way failure of justice delivery system on behalf of NHRC not only discourages a human rights defender to establish rule of law and to protect the human rights of all but it would have far reaching effect on human rights activism in the country.
So we demand that:
· A high level enquiry should be set up to look into this case.
· An extensive reform should be introduced to bring about change in to the modus operandi of NHRC. We make following suggestion:
1. Ensure impartiality of investigation.
2. Ensure independence of law department.

With warm regards,
Dr. Lenin
Convener,
People’s Vigilance Committee on Human Rights (PVCHR)
Sa 4/2 a, Daulatpur, Varanasi-221002,UP,India
Mobile:+9935599333
Email:pvchr@yahoo.com
Website:www.pvchr.org
INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh
URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME
26 January 2007-----------------------------------UA-027-2007: INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh
INDIA: Threats to human rights defenders; failure to provide remedy and justice; impunity------------------------------------------------------
Dear friends,
The Asian Human Rights Commission (AHRC) regrets to inform you that the National Human Rights Commission (NHRC) of India fails to provide adequate remedy to Dr. Lenin Raghuvansi, who had complained to the Commission regarding an attempted assassination on his life by the police. He is a human rights activist working for the Dalits and the backward class in Varanasi, Uttar Pradesh, India. We were also informed that the police allegedly blackmailed Dr. Lenin to the Commission, instead of conducting proper investigation into his complaints. In fact, Dr. Lenin has been receiving numerous death threats due to his dedicated work for vulnerable people in Varanasi. Please refer to our previous urgent appeals on death threats on him: UA-166-2005, UP-100-2005 and UA-138-2005.
CASE DETAILS:
On 18 February 1998, Dr. Lenin Raghuvansi's house was surrounded by police officers from Ramnagar police station, in an attempt to assassinate him. The alleged reason behind the assassination is that, Dr. Lenin, as a human rights defender, tried to voice the grievances of the families whose members were allegedly killed in encounters. He lodged a complaint with detailed information of the well-planned assassination attempt on his life with the NHRC (ref. case number: 5840/24/97-98). Ever since Dr. Lenin has requested the NHRC to get a proper inquiry into this matter both in writing and via telephone.
On 22 January 2002, through a letter signed by Mr. Anil Parashar, the Assistant Registrar [Law] of the NHRC informed Dr. Lenin of a report provided by the police regarding his complaint. The police report stated "[A]nd feels that no further action is called for the complaint and the same may be treated as closed". Immediately Dr. Lenin responded by letter on 30 July 2002. He also wrote and called to the NHRC, stating that the matter needs to be inquired into, and that the police report given in their defense should not be accepted as the correct version of events.
In the police report that the NHRC sent to Dr. Lenin, the police also alleged that "Dr. Lenin was himself providing shelter to the criminals for his selfish motives … that it would be better to write about his removal from his post of convener of Manava Adhikar Jananigrani Samiti (PVCHR)". The AHRC has an opinion that this is a stark attack on a human rights defender, in order to blackmail him and to create a doubt on hiscomplaint.
Dr. Lenin is frustrated because the NHRC's inaction into this serious allegation for years. The AHRC strongly urges the NHRC to investigate the alleged attempt on the life of Dr. Lenin and the stark blackmail on him by the police. The matter concerns not only the life and the reputation of one human rights defender, but also the very legitimacy of human rights work in general.
Dr. Lenin is the convener of The Peoples' Vigilance Committee on Human Rights (PVCHR), which is a reputed human rights organization in Varanasi district of Uttar Pradesh in India and internationally. This organization has been doing valuable human rights work on caste discrimination, prevention of torture and the elimination of discrimination against women in the area.
SUGGESTED ACTION:
Please write to the chairperson of the National Human Rights Commission (NHRC) of India, demanding a proper and speedy investigation into the alleged attempted assassination on Dr. Lenin's life as well as police's blackmail to harm his reputation. Please also send a copy of your letter to other relevant authorities including the UN Special Rapporteur on human rights defenders for immediate actions on this case.
To support this appeal, please click:
Sample letter:
Dear ___________,
INDIA: The National Human Rights Commission (NHRC) of India fails to provide adequate remedy to a human rights defender in Uttar Pradesh
I am writing to complain about your Commission’s failure to provide adequate remedy to Dr. Lenin Raghuvansi. He had made a complaint to the Commission regarding an attempted assassination on his life by the police. Dr. Lenin is the convener of The Peoples' Vigilance Committee on Human Rights (PVCHR), which is a reputed human rights organization in Varanasi district of Uttar Pradesh in India and internationally. This organization has been doing valuable human rights work on caste discrimination, prevention of torture and the elimination of discrimination against women in the area.
According to the information I have received, on 18 February 1998, Dr. Lenin Raghuvansi's house was surrounded by police officers from Ramnagar police station in an attempt to assassinate him, because of his support to the families of many encounter deaths. He lodged a complaint regarding this incident to your Commission (ref. case number: 5840/24/97-98). Ever since Dr. Lenin has communicated with the NHRC in writing and via telephone, in order to get a proper inquiry into this matter.
However, I was informed that on 22 January 2002, through a letter signed by Mr. Anil Parashar, the Assistant Registrar [Law] of the NHRC informed Dr. Lenin of a report provided by the police regarding his complaint. The police report stated "[A]nd feels that no further action is called for the complaint and the same may be treated as closed". The police report also alleged that "Dr. Lenin was himself providing shelter to the criminals for his selfish motives … that it would be better to write about his removal from his post of convener of Manava Adhikar Jananigrani Samiti (PVCHR)".
Since then, Dr. Lenin wrote and called to your Commission, demanding an inquiry into assassination attempt and the police's blackmail. However, no further action has yet been taken by your Commission despite the complaint has been filed for years. Dr. Lenin now feels frustrated because of your Commission's inaction.
I believe that the police report is a stark attack to blackmail Dr. Lenin, and create a doubt about his complaint. I therefore request you to conduct a proper and speedy inquiry into the said matter, and take action accordingly. This matter concerns not only the life and the reputation of a human rights defender, but also the very legitimacy of human rights work in general.
Yours truly,
--------------------
PLEASE SEND YOUR LETTER TO:
The ChairpersonNational Human Rights Commission of India Faridkot House, Copernicus Marg New Delhi 110001 INDIAFax: +91 11 23384863
SEND A COPY OF YOUR LETTER TO:
1. Mr. Mulayam Singh YadavChief Minister of Uttar Pradesh Chief Minister's Secretariat Lucknow Uttar Pradesh INDIA Fax: + 91 52 2223 0002 / 2223 9234
2. Mr. Manmohan SinghPrime Minister of IndiaPrime Minister's OfficeRoom number 152, South BlockNew DelhiINDIAFax: +91 11 23016857Email: pmosb@pmo.nic.in
3. Ms. Hina JilaniSpecial Representative of the Secretary General for human rights defendersAtt: Melinda Ching Simon Room 1-040C/o OHCHR-UNOG1211 Geneva 10SWITZERLANDTel: +41 22 917 93 88Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)
Thank you.
Urgent Appeals ProgrammeAsian Human Rights Commission (ahrchk@ahrchk.org)
Posted on 2007-01-26
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