Update Information about the fake criminal case against PVCHR activists

http://www.ahrchk.net/ua/mainfile.php/2007/2693/

http://www.frontlinedefenders.org/node/1307
Update Information about the case against Dr Lenin and his Organisation Members

· A criminal case No. 918/08 in Judicial Magistrate first of Varanasi,UP under the crime no. 357/07 under section 505(b) Indian Penal Code Police station Phoolpur ,Varanasi , has been registered against Dr Lenin and organization members on the basis of F.I.R., case diary filed by Police station Phoolpur ,Varanasi on date 21/04/08.

· On 26/05/08 the document has been returned from copying section and the date 08/08/08 has been fixed.

On the date 08/08/08 the summon has been issued to Dr Lenin and others by judicial majistrate first,Varanasi for appearance on 08/10/08.
The above criminal case against Dr Lenin and organization members has been registered on the basis of F.I.R. made by Rajendra Prasad Tiwari son of Late Raj Narayan Tiwari ,Villege- Belwa, Police station Phoolpur ,Varanasi.He is also villege head and owner of brick klin and belongs to Brahmin ,a upper caste of the society.
To himself from arrest and torture by police Dr Lenin surrendered himself in court on 23/01/08.In the mean time Dr Lenin has filed an arrest stay application in the High Court of Allahabad under writ petition no. 1594 of 2008 under article 226 of Constitution of India .
The Honourable High Court by Hon'ble Vinod Prasad ,J, and Hon'ble Ajay Kumar Singh ,J, on 30/01/08 granted arrest stay by saying that , the petitioner shall not be arrested in aforesaid crime no. for aforesaid crime till the next date of listing .An application to quash the F.I.R. against Dr Lenin and othersis pending in the High Court of Allahabad.
The State administration used Rajendra Prasad Tiwari as a tool who has prior enmity with Dr Lenin because he has registered criminial case no. 1595/06in court of Varanasi under crime no.114/02 under section374 of Indian Penal Code Police station Phoolpur ,Varanasi. This case is pending in the court of Varanasi.
In an investigation, circle officer Cholapur Sri R.D.Chourasia found only documentary evidence which is F.I.R.filed by Rajendra Prasad Tiwari .His analysis and conclusion is that Dr Lenin usually come to Belwa and Rajendra Prasad Tiwari has difference with Dr Lenin.The Station House Officer has been directed to ensure sufficient security to Dr Lenin.
There are six witnesses in charge sheet, out of which two witnesses Constable 2281 vinod kumar singh and Sub-Inspector Lal Saheb Singh are independent witnesses and they supported only F.I.R.One witness Rajendra Prasad Tiwari has lodged F.I.R.who has personal enemity with Dr Lenin and organization because as a member of District Labour committee for Bonded Labour under Bonded Labour Act.Dr Lenin has made a complaint to NHRC and other officers that Rajendra Prasad Tiwari compels the bonded labour to work on his brick klin and exploits them.After taking cognizance on Dr Lenin's complaint Labour Enforcement officer Sri O.P.Gupta and A.D.M.,have raided on his brick klin and made free to Gahru Musahar.He has to pay Gahru Musahar 20000/ rupees as a compensation.
A case against Rajendra Prasad Tiwari is pending in Varanasi court by the suit no. 1595/06,with crime no. 114/02 under section 374 Indian Penal Code.A summon has been issued to Rajendra Prasad Tiwari to appear in court . The police instead of arresting Rajendra Prasad Tiwari protecting him.There is clear cut provision in Bonded Labour Act that no person can file case against the person who has filed case for making free to bonded labour.Apart from that the companion of Rajendra Prasad Tiwari , Ramashraya Singh threatened Dr Lenin to kill in the matter of contesting election by Satyanarayan Giri. Dr Lenin made a complaint to S.S.P.on 06/08/05 through a registered post.In this regard there is suit pending in court of Varanasi under suit no. 117/05 under section 504,506, Indian Penal Code.
Second witness Hub Nath Giri is the driver of Rajendra Prasad Tiwari ,who affirms the statement made in F.I.R.His independency cannot be considered beyond doubts.
Another witness Madhukar Pathak is the history sheetor and has been charged under Gangster Act and SC/ST Act. The police instead of arresting him taking his statement against Dr Lenin and others human right activist.
All the witnesses alongwith Awadesh Narayan Singh have affirmed the F.I.R. Even they do not deviate from the words and statement made in FIR.So it seems that all the witnesses are very curious to implicate Dr Lenin and others in fake case