PVCHR: INDIA: Again Vinod Kumar Gupta and his father Ram Lal Gupta were illegally detained and faced the police brutality in the custody

Update Appeal

INDIA: Again Vinod Kumar Gupta and his father Ram Lal Gupta were illegally detained and faced the police brutality in the custody

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19^th February, 2010
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Issue: Arbitrary detention, threat to life, blatant violation of laws, failure of rule of law, custodial torture, right to life with dignity

Dear Friends,

Peoples' Vigilance Committee on Human Rights (PVCHR) got information that again Mr. Vinod Kumar Gupta and his father Ram Lal Gupta were illegally detained and faced the police brutality in the custody at Phulpur police station of Varanasi as many cases of custodial torture and deaths reported in various part of Uttar Pradesh in India.

Case detail:

Mr. Vinod Kumar Gupta and his father Mr. Ram Lal Gupta were released on 18^th February, 2010 night at 8 pm. As on 12^th February, 2010 night approximately at 11:30 in the night 5-6 policemen in the civil dress with the shop owner son Mr. Vicky Gupta came to Vinod Gupta house. They forcefully detained entire family including women's and children also. Vinod Kumar Gupta's wife was alone in the house and she was being sexually assault by the police and they hit her dignity by using abusive language. On 13^th February, 2010 they released Vinod Kumar Gupta mothers' Gaytri Devi and they also hit on her knee. They also took mobile phone of Vinod's brother the numbers are: +91-9792731268, +91-9305754951 and +91-9336280429.

After being released Ram Ji Gupta informed ,"During the time of illegal detention I was kept in three police stations i.e. Cholapur, Phulpur and Sindhaura (police outpost). In the custody they severely tortured us and compel us to drink the urine and put petrol in the ear of Vinod. Now we are living life in threat and expecting to be killed by the shop owner. Due to this incidence my other sons are being dismissed from their jobs due to fear of powerful shop owner."

On 13^th February, 2010 Seema faxed letter to appropriate authorities and PVCHR sent letter to Chief Minister of Uttar Pradesh and Chairperson, National Human Rights Commission (NHRC) about the incidence.

Prior to this, Mr. Vinod Kumar Gupta released on 1^st February, 2010 after nine days of illegal detention on the immediate intervention and advocacy. Please see the petition on the URL: http://pvchr.blogspot.com/2010/01/illegal-detention-blatant-violation-of.html

Please see the given below URL to watch the testimonies:

Vinod Kumar Gupta: http://vodpod.com/watch/3049135-custodial-torture-in-india?pod=pvchr
Ram Ji Gupta: http://vodpod.com/watch/3032248-case-of-custodia-torture-in-india?pod=pvchr
Dr. Lenin Raghuvanshi: http://vodpod.com/watch/3009293-dr-lenins-interview-on-a-case-of-custodial-torture?pod=pvchr

Other relevant Information:

Uttar Pradesh has a notorious distinction in police brutality cases in India. Recently reported two custodial deaths as the men in the lockup died after being beaten up with lathis and rifles by policemen in Allahabad. Another case of police brutality registered in Amethi of Uttar Pradesh where police inspector beating up a Dalit woman to extract a confession while a woman constable views as a mute spectator has emerged. The policeman, identified as SHO of Musafirkhana police station Kailash Dwivedi, was caught on camera beating up a Dalit woman and tearing her clothes. Sangeeta Kori was the woman being questioned in connection with her husband's murder. Please see the URL: http://news.oneindia.in/2010/02/18/up-policeman-suspended-for-beating-up-dalit-woman.html. The video, available from a newsfeed by The Times of India is available http://timesofindia.indiatimes.com/videos/news/Shocking-UP-cop-assaults-woman-on-camera/videoshow/5585356.cms.All above mentioned cases are clear cut violation of order/instruction of Honorable Supreme Court in case of DK Basu V/S Government of West Bengal as guideline of detention. Please see: http://testimony-india.blogspot.com/2010/02/shri-dk-basu-v-state-of-west-bengal.html

The primitiveness of this institution is reflected in its intellect that still depends on brute force as an accepted means of crime investigation. Its colonial mindset is echoed in the acts of police officers, who believe that it is their lawful right to punish people at will.

According to the information received National Human Rights Commission 23852 & 21014 cases has been registered in year 2008 & 2009 respectively in Uttar Pradesh. According to Government statistics, the number of custodial deaths has registered an increase in the last fiscal by 70 compared to 2006-07.

Prevention of Torture Bill (http://www.scribd.com/doc/27145813/Prevention-of-Torture-Bill-India-2008 Prevention of Torture Bill, 2008) is more important piece of legislation, the Prevention of Torture Bill, 2008 is subjected to the legislative deepfreeze since the day it was drafted.

Government's lack of interest in the issue is reflected in the Bill. The Bill, a mere 477 words in a page and half, not only fails to meet international standards against torture, but also falls short of the country's own domestic jurisprudence on the issue developed by its courts, in particular the Supreme Court of India. The Bill, like practice of police, represents yet another institution in the country, its legislature, and its collective intellectual dishonesty.

Sample letter

To,

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Subject: Please take preventive and punitive measure to stop further police brutality in custody in Uttar Pradesh.

I want to draw your attention towards the case of Mr. Vinod Kumar Gupta and his father Mr. Ram Lal Gupta were released on 18^th February, 2010 night at 8 pm. As on 12^th February, 2010 night approximately at 11:30 in the night 5-6 policemen in the civil dress with the shop owner son Mr. Vicky Gupta came to Vinod Gupta house. They forcefully detained entire family including women's and children also.

I am informed that Vinod Kumar Gupta's wife Seema was alone in the house and she was being sexually assault by the police and they hit her dignity by using abusive language to kept her. On 13^th February, 2010 they released Vinod Kumar Gupta mothers' Gaytri Devi and they also hit on her knee. They also took mobile phone of Vinod's brother the numbers are: +91-9792731268, +91-9305754951 and +91-9336280429.

Ram Ji Gupta stated, "During the time of illegal detention I was kept in three police stations i.e. Cholapur, Phulpur and Sindhaura (police outpost). In the custody they severely tortured us and compel us to drink the urine and put petrol in the ear of Vinod. Now we are living life in threat and expecting to be killed by the shop owner. Due to this incidence my other son is being dismissed from their jobs."

I am also informed that on 13^th February, 2010 Seema fax letter to appropriate authority and PVCHR sent letter to Chief Minister of Uttar Pradesh and Chairperson, National Human Rights Commission (NHRC) about the incidence.

Prior to this Mr. Vinod Kumar Gupta released on 1^st February, 2010 after nine days of illegal detention on the immediate intervention and advocacy.

I am also informed that recently Allahabad reported two custodial deaths as the men in the lockup died after being beaten up with lathis and rifles by policemen. Another case of police brutality registered in Amethi of Uttar Pradesh where police inspector beating up a Dalit woman to extract a confession while a woman constable views as a mute spectator has emerged. The policeman, identified as SHO of Musafirkhana police station Kailash Dwivedi, was caught on camera beating up a Dalit woman and tearing her clothes. Sangeeta Kori was the woman being questioned in connection with her husband's murder.

Therefore it is kind request to take appropriate action to prevent further prevention police brutality in the custody and to direct each police official follow the D.K Basu Guideline VS State of West Bengal.

Thanking You

Sincerely Yours

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Please write letter to

1. Director General of Police

1-B.N. Lahiri Marg/Tilak Marg,

Lucknow Fax: 0522-2206120, 2206174.

Ph: 0522-2206104 .

Email: police@up.nic.in

2. Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in

3. Inspector General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in

4. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA