Tuesday, April 15, 2008

Fight against the state Terrorism

Since last few years PVCHR has been helping the member of the Musher community to raise their voice against bonded labour, starvation and malnutrition. Current village head of Belwa Mr. Rajendra Prasad Tripathi himself was charged with the case of employing bonded labour in his brick klin factory and two bonded labour Mr. Gehru and Mr. Bothu Mushar were released with the support of PVCHR and PVCHR member is also the member of the state Government sponsored district level committee against bonded labour. In this case current village head Mr. Rajendra Prasad Tripathi was sentenced to pay fine for restoring to bonded labour in his brick kilns.

Since then Mushar's were organizes by PVCHR, which directly challenged the upper caste upper caste domination of the Mushars in Belwa by the Brahmin community led by Mr. Tripathi. Simultaneously the PVCHR also started taking up cases of starvation and malnutrition in the lower caste particularly from Varanasi and other neighbouring district of Uttar Pradesh. AHRC report hunger alert on dozen of these cases, upon which the united nation agencies has initiated dialogues with Government of India. The cases of Mr. Visambhar, nine year old Seema Mushar, 18-month old Alina Shahin, Mr. Kammal Mushar starvation death cases from Varanasi district and three years old boy Pritam starvation death cases from Ambedkar Nager district.

When these cases were reported current state administration Ms. Mayawati took proactive step to address this issue. She personally intervenes in many cases. In this process several other political parties also started interest in this case. As of now starvation and malnutrition is the subject of political debate in the state.

When the cases of starvation and death from malnutrition were reported from Uttar Pradesh, Chief Minister convened a meeting in which strict action were suggested against the head of the district magistrate. It is juncture the death of Alina, Kammal and Pritam were reported the PVCHR and AHRC issued hunger alert upon it. The district administration (DM) Ms. Veena Kumari founded these report as a challenge to the magistrate's within the district and also as issues which are likely to bring the D.M office under fire from state capital.

In December 2007 PVCHR also planned to erect two monuments in Belwa. One was in the memory of the Mushars and other poor children who died from starvation in Belwa and other was the solemn oaths the member of Mushar and other marginalized families took in one folk school session. The content of the memorial and oath is in plain and simple language. The action was considered as yet another challenge by the D.M Ms. Veena Kumari. The D.M ordered local police to stop the function was refused by the D.M's office. To prevent the PVCHR and others human rights organizations from conducting the function in Belwa the D.M ordered police to register a case against PVCHR activist. For lodging, they choose the ever willing Mr. Tripathi, who also found the activities of the PVCHR as to be threatening to his family's Brahmin caste domination in the village. Accordingly a complaint was filed by Mr. Tripathi at the Phulpur police station that entertains jurisdiction over Belwa.

In spite of repeated reminder the Phulpur police station refused to produce anything in the court. Even though the laws mandates a report to be filed by the police in the court within 48 hours. The police filed a report after 10 days informing the court that the crime has been registered. In the mean while PVCHR activist against whom the crime was registered also appeared in the court informing that they are present in with in the jurisdiction of police and public in case if the police wanted to be arrest. The police however refused to arrest them.

Now it is known they that police is planning to file yet another fabricated report in court starting that the accused are absconding and avoiding arrest are planning to request the court to issue process directing local police and the administration to proceed against the property of PVCHR activists meaning the PVCHR office. The intention is to raid the PVCHR office as if in compliance of the court's order and to destroy whatever that is maintained at the offices in the form of records and other working equipments like computers and other office equipment.

Contact Address:

1. Dr. Manmohan Singh
Prime Minister
7, Race Course Road, New Delhi 110011
Fax: + 91 11 23019334
Email: pmosb@pmo.nic.in

2. Mr. Pranab Mukerjee
External Affairs Minister
Government of India
172, South Block, New delhi 110011
Fax: + 91 11 23793704
Email: eam@mea.nic.in & diream@mea.nic.in

3. Chief Minister
Chief Minister's Secretariat, Lucknow
Uttar Pradesh
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in

The court repeatedly ordered that they are not to be arrested in relation to these charges until further notice. Due to the questions the procedure that was followed in the case, the magistrate has ordered the Pulpur police to produce all document revelent to the case before 29th January, 2008.

Details of case suited in High court for the interim relief (stay order):

· Dr. Lenin Raghuvanshi vs. State of U.P through its secretary ministry of home, Station house officer Phulpur police station and Rajendra Prasad Tripathi petition no is 1594 of 2008. The case was present before Honorable Judge Mr. Vinod prasad and Mr. Ajay Kumar Singh on 31st January, 2008.

· Shruti Raghuvanshi w/o of Lenin Raghuvanshi & Anupam Nagvanshi D/o Lallan Singh vs. State of U.P through its secretary ministry of home, Station house officer Phulpur police station and Rajendra Prasad Tripathi petition no is 1368 of 2008. The case was present before Honorable Judge Mr. Vinod prasad and Mr. Ajay Kumar Singh on 24th January, 2008.

· Kalawati w/o Sri Sher Bahadur & Prem Kumar vs. State of U.P through its secretary ministry of home, Station house officer Phulpur police station and Rajendra Prasad Tripathi petition no is 2069 of 2008. The case was present before Honorable Judge Mr. Imtiyaz Murtuza and Mr. K.N Ojha.

As above all cases are similar the judgment given by the honorable justice is given below:

The petitioner through the present writ petition has invoked the extraordinary jurisdiction of this court under Article 226 of the Constitution of India praying for a writ order or direction in the nature of certiorari quashing the impugned FIR dated 9.12.07 related to the case crime no. 357of 2007 under Section 505-B IPC police station Phulpur, District Varanasi the ancillary prayer is to issue writ of mandamus commanding the respondents not to arrest the petitioner/ petitioners in the aforesaid crime number pendent lite the writ petition.

We have heard learned counsel for the petitioner at a great length and learned AGA and have perused the impugned FIR.

Learned counsel for the petitioner contended that since action was taken by the petitioners against the respondent no. 3, therefore malicious first information report has been lodged and the petitioner has been falsely implicated in the aforesaid offence. It is further contended that the arrest of co accused has been stayed in the criminal Misc. petition no. 1368 of 2008.

Learned counsel of the petitioner is directed to serve respondent no. 3 through RPAD within a period of a week from today. Respondent no. 3 as well as learned AGA may file a counter affidavit within three weeks. Learned counsel for the petitioner will have one week thereafter to file rejoinder affidavit.

Connect and the list along with criminal Misc. writ petition no. 1368 of 2008.

However on facts of the present case the petitioner shall not be arrest in the aforesaid crime number for the aforesaid offences till the next date of listening.

In 2002 a first information report was filed against Rajendra Prasad Tripathi by Dr. Lenin Raghuvanshi in his capacity as member of the Committee on Bonded labour. A warrant was consequently issued for Rajendra Tripathi arrest, which is still pending. It is not known why Rajendra Tripathi was not arrest when he presents himself at the police station to file the FIR against Dr. Lenin Raghuvanshi: however it could be seen to indicate degree of collision between police and the local authorities.

Charge sheet was filed by enquiry police officer in Deputy Superintendent Office. Looking all these aspect it is necessary for re- investigation for the fair trial.

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