Urgent action: need your solidarity
Dear
friends,
We
started urgent appeal with recent follows statement of Lenin Raghuvanshi and
Shruti Nagvanshi:
Hindu fascists and communal forces
from other religions of Intelligence agencies, police, media, society and other
civil society organizations in India want to destroy PVCHR and finish me &
my family. Continuously they are trying to break me psychological and attacked
few times physical. But I am remembering quote of Mahatama Gandhi, "You
can chain me, you can torture me, you can even destroy this body, but you will
never imprison my mind.”
Written reply by Lenin Raghuvanshi based on the facts and
evidences on the report submitted by the Varanasi Police to the NHRC (ST/
G-NHRC-13/2013/418): http://www.pvchr.net/2013/09/face-of-human-rights-initiative-in-india_6.html
- Mr. Sunil Gupta had a love marriage with his first wife Ms. Soni Gupta in 1995 and approximately after 7 years of the marriage his wife died due to hanging, which also means she was either killed or she herself committed suicide? The tragic death amply proves that Mr. Sunil Gupta has a bias attitude towards women which led to the untimely death of Ms. Soni Gupta. Ms. Sapna Chaurasia has testified, “His previous wife in all probability was forced to take such an extreme step of ending her life just because she could not bear such cruel and inhuman treatment meted out to her. After the incident Sunil Gupta had a compromise deal with the Soni’s family. In the absence of any legal action, Sunil Gupta got a moral boost for his actions”. It is a well known fact that Sunil Gupta has made clouts in the Bhelupur police station, Varanasi in India and using that power for illegal purposes which constitute a serious threat for the “Rule of Law”. A false case with Crime number 199 under section 13, 342, 384, 498 was filed by Sunil Gupta in Bhelupur police station against me and my wife Shruti on 19 June , 2013 which is a clear example pointing to that. Surprisingly, Sunil Gupta filed the same complaint with the office of IG police, Varanasi zone on 21 January, 2013 and the matter was investigated by the Circle Officer, Cantonment area. Sunil Gupta has referred this also in his statement. In his final investigation report (No: CO Cant – CST/RGZ-09-2013) submitted by Mr. Rakesh Kumar Singh, Circle Officer on 20 February, 2013, the allegations leveled by Mr. Sunil Gupta were proved false and baseless. On the basis of same allegations Mr. Sunil Gupta filed a habeas corpus writ petition (No: 8753/2013) in the honorable High Court on which Sapna and her brother Shyam made their statements before the court. Honorable High Court while dismissing the writ petition passed the following order:
“Sunil Kumar Gupta, the husband of the corpus has
appeared before this Court along with a five years child who is admittedly born
out of this wedlock. The question of his custody may arise but for that
purpose, corpus may apply before the proper forum in a separate suit if she is
so advised. The petition stands disposed of, accordingly. Corpus is set at
liberty she may go anywhere as per her wish and desire. Her husband, Sunil
Kumar Gupta, is restrained from making any kind of interference in the peaceful
life and liberty of the corpus.
With the aforesaid observations, this petition stands
disposed of.”
After the court judgment Sapna sent registered letters
to DGP, SSP, SHO- Cant, SHO-Women’s Police Station and SHO-Bhelupur Police
Station on 25 March 2013. It is quite
astonishing to know that Sunil Kumar Gupta has filed a case in the High Court
on behalf of his wife in which he has made District Magistrate, SSP and the UP
government via Home Secretary along with me as a party in the case. I was
served a notice in the case. It is quite obvious that District Administration
and Varanasi Police must also have been served notices for the same. But on 18
March, 2013 but no one was present in the court on behalf of District
Administration and Varanasi Police. Varanasi district police also sent a report
to the National Human Rights Commission on 10 April, 2013. But the above
mentioned facts and the details of the Honorable High Court’s judgment were not
taken into consideration as evidences. While Sunil Gupta clearly mentioned
about it in his statement to Varanasi police. It proves that Varanasi police is
giving additional protection to Sunil Gupta. On 3 December, 2013 Sapna Chaurasia
sent a registered complaint letter to the Senior Superintendent of Police and I
also sent complaint letters to Senior Superintendent of Police and the National
Human Rights Commission on 5 December, 2013. After the notice of Honorable
Human Rights Commission and reminder from the Home Ministry, Varanasi Police
filed a case with No: 4/13 under Sections 328, 511, 498 A, 323 and 504 of the
Indian Penal Code. At the same time before 10 April crucial sections namely; 328,
511of the IPC were removed from the case list. While under the other sections
the case was referred to the mediation center in Varanasi by the government
order in which 11 April, 2013 was mentioned as the date for mediation. A day
before this, on 10 April, 2013 report was also sent to the honorable Human
Rights Commission. This action also makes it clear that Sunil Gupta was being
protected by the Varanasi police. At the first stance the FIR was filed after
three months and within less than one month of time two crucial sections were
removed from the charges and the whole matter was made out to be a case for
mediation. An FIR on the same charges was filed in Bhelupur police station
against those who were pleading the case on which police investigation had
already been completed and the honorable High Court had passed its judgment.
Therefore an FIR under section 166 A of IPC should be registered against the
police officials of Varanasi police responsible for this act. In this
connection on 20 June 2013, I have sent my statement before my death through a
registered letter as well as through E Mail to DGP-UP, Chief Minister of Uttar
Pradesh and Chairperson, National Human Rights Commission in which I have
clearly mentioned that Varanasi SP (City), corrupt officials of Cant police
station, corrupt non government organizations along with anti women elements
could conspire to eliminate me physically. On 24 January, 2013 I also issued an
urgent appeal to conduct a high level enquiry by CBI or CB-CID and sent my
petition to various police officials and the National Human Rights Commission. I
made accusations for an imminent threat on my life and security along with
attempts to implicate me in fabricated legal cases but no action was taken on
my complaint. On 19 June 2013 on the basis of a letter written to Chief Medical
Officer by Sunil Gupta, a case was filed against me and my wife Shruti. On 23
June 2013 I informed the DGP- UP, Chief Minister of Uttar Pradesh and
Chairperson, National Human Rights Commission about death threats and attempts
to falsely implicate me through a registered letter and E Mail. Meanwhile on 26
June 2013 I held a meeting with the honorable Chief Minister of Uttar Pradesh
at his residence and DGP- UP with a representative committee having 8 members
and I gave an application for investigation and action on this incident along
with several other issues. On the same evening I got a phone call threatening to
implicate me in a rape case and I informed about it through social networking
site Face Book. I sent my complaint
regarding calls threatening to implicate me in false cases and my murder, through
registered letter to various officials of the honorable National Human Rights Commission. http://www.pvchr.net/2013/01/india-threats-to-human-rights-defenders.html
But no action was taken and after that on 24 April
2013 I was attacked with weapons with a clear intention to kill. A case was
registered with case no: 359/13 under sections 307, 452, 341, 323 on 25 April,
2013. Even after the registration of the case no investigating officer came to
investigate even once. After that Sunil Gupta and his gang started attacking my
wife with slanderous remarks by creating an account in Face book. They also made
objectionable and unethical remarks on my cousin sister’s marriage terming as a
high profile NGO party by using photographs from my wife’s face book account
for which Shruti filed a case with Crime no: 418/13 in Cant police station
under sections 66 G, 66 GH and 67 B of the IT Act. On that complaint investigating officer
visited us only once. On 13 May, 2013 I wrote a letter to the Senior
Superintendent of Police, Varanasi informing about it. On 18 June, 2013 I wrote
a complaint to the IG, Varanasi Zone informing him that Sunil Gupta has
threatened the relatives of Sapna to make a compromise otherwise she would have
to face consequences. While talking about the gang war he claims to be a member
and close confident of Munna Bajrangi
gang https://en.wikipedia.org/wiki/Munna_Bajrangi.
http://www.youtube.com/watch?v=yxiQqVQHWP0 The conversation had been recorded and produced
before the police official. The matter is being investigated by the Circle
Officer, Cant Police Station, Varanasi. My statement has also been recorded and
further action is awaited in the matter (CST/RTZ 997-13, June 23, 2013, Senior
Superintendent of Police). On the complaint of Shruti, the District Probation
Officer has already sent a letter to the Senior Superintendent of Police to take
action on the matter (Letter No: 2572-73/ Dist/ Pro/ Office/ SSP/Complaint/2012-13).Once
again by disregarding the order of Honorable High Court Sunil Gupta gave a
complaint to District Collector, Varanasi and asked District Probation Officer to
start investigation against me once again
(Letter No: 778-9/Dist/Pro/Off/Complaint/Investigation/2013-14/ Dated
17, June 2013). Before all this I and
Sapna had already submitted our prayer to take action against Sunil Gupta under
section 182 of IPC. It is to be noted that Sunil Gupta can harass me and my
organization with the connivance of corrupt police, corrupt lawyers, corrupt
media and corrupt officials, so one can only imagine the fate and condition of
Sapna and her family. One day Sunil Gupta forcibly abducted Sapana’s younger
sister Soni and she could be freed only after her brother Shyam interfered in
the matter. In its investigation report on 10 February, 2013, Bhelupur Police
station, Varanasi wrote to the Senior Superintendent of Police, Varanasi that when
the missing girl was found, Lenin Raghuvanshi neither informed the police nor
he informed the higher officials whereas on 3 December, 2012 Sapna immediately sent
a registered letter to the Senior Superintendent of Police, Varanasi informing
about it. The same complaint was sent to the honorable National Human Rights
Commission on which the commission sent a notice to the Senior Superintendent
of Police, Varanasi on 15 December, 2012. Before 10 February, 2013 the
committee has written letters to many higher officials. But contrary to
expectations, the Bhelupur police station acting like a court and without
recording my and Sapna’s statements decides on its own which clearly indicates
the influence Sunil Gupta has on the officials of Bhelupur police station.
·
On
24 January, 2013 it has been demanded in written from National Human Rights
Commission that an enquiry from the CB-CID should be set up in this case. In
this case I was physically attacked in attempts to save the life of the victim.
I had to approach the High Court in a false case. False case was filed against
me and Shruti. I was defamed in the social networking site. It all happened
because I am a human rights worker. I filed a complaint in the National Human
Rights Commission but the ‘Human Rights Defender Desk’ at the commission did
not take appropriate and legal steps.
·
Sapna
revealed in her testimony, “I was
kidnapped approximately after 4 days and after completing marriage formalities
they took me to home. My mother was alone at home; she could not do anything
because she was frightened by his power”. Sapna also told that they forced her to sign
on a paper and this happened in a hotel. She said “I know one can get notary papers signed forcibly at home”. The
matter should be investigated whether notary register carry the signatures of
Soni Gupta and Sapna or not?
·
The
other fact is that in 2012 the age of Sapna was 23 years and during 2005-6 her
age must have been 15 to 16 years. At that time, this marriage is clearly a
case of child marriage which is illegal under Indian law. But Varanasi police continues
to hide this fact. Whereas this is a case of forced marriage which was agreed
upon due to pressure and fear? Sunil Gupta’s influence within the police
administration can be found in his statement where he says he get the call
details of his wife. SP (city) police office does not even care to know the
matter that how he manages to get the call details. It should be mentioned that
Sapna has been nominated in the category of crusaders of women’s rights in the
Hindustan Times and her name was also published in the daily. Sapna was also
honored with a certificate presented to her by Member of Parliament, Mrs.Dimple
Yadav and the famous film actress Shabana Azami . Therefore, action should be
taken against the police officials under section 166A of IPC.
·
In
the evidence scrutiny no: 3 police has told that the evidence given by Sunil
Gupta shows that Sapna’s medical treatment with drugs started in 2010 while
their marriage took place in 2005. So clearly in the span of 5 years she was tortured
and also forcibly given alcohol and administered injections. When Sapna’s
condition deteriorated, she was taken to a doctor. The doctors diagnosed her
with “Adjustment disorder”“An Adjustment disorder occurs when an individual
is unable to adjustment to or cope with a particular stressor, Like a major
life event,”.It has been stated further, “Unlike
major depression however the disorders is caused by an outside stressor &
generally resolve once the individual is able to adopt to situation”. The police
should have managed to detect the “Adjustment disorder”. It also means that Sunil Gupta worked as an Outside Stressor,
tortured her, gave her drugs and injections and oppressed her. When she became
too sick then took her for treatment. It
is also a fact that false case against me and Shruti was filed based on the
letter addressed to the Chief Medical Officer. This also reveals an open nexus
between the doctors, Sunil Gupta and the police. Therefore it is prayed that
action should be taken against anti women gang under the law along with an
enquiry by the Independent agency.
·
Sunil Gupta has accused that Sapna ran away taking
jewellery and cash with her in November 2012. Then in July 2012 why did he make
a claim for Vidavidai (ceremony performed when wife goes to her parental home)
in the family court. Sunil Gupta is a cunning and anti women person.
·
On
20 December, 2012 Sunil Gupta came to my residence and threatened me. I have
already sent a registered complaint letter to various higher authorities. Again
on 16 February 2013, I got a threatening call on my mobile which I already
reported to the Senior Superintendent of Police, Varanasi through a registered
letter. Meanwhile, Sunil Gupta sent a letter to the IG on 21 January 2013. Before
this Sunil Gupta did not provide any information of the previous incidents to
any police authority. This fact has neither been registered by investigating
officers nor been included in the evaluation of police report. It clearly shows
that a corrupt section of police department, corrupt gang of lawyers and some
anti social elements have joined together in their efforts and facilitated to
send this letter to the IG police. There was an enquiry on this matter and Circle
Officer Cant police station submitted his report. But on my complaints filed on
20 December, 2012 and 16 January, 2013, even my statement has not been recorded
so far. This also proves a close nexus of local police with Sunil Gupta. Even on
the complaint letter written to the honorable National Human Rights Commission related
to threats given to me, no action has been taken so far.
·
Sunil
Gupta came to Cheers Bar along with my school mate Pawan Singh. This incident
took place on 2 January 2013 and it has been mentioned in the report of Circle
Officer Cant. After 18 days on 21 January, 2013 this incident was reported by
Sunil Gupta. Neither the Honorable High Court nor the Varanasi police took note
of this delay in filing the complaint. In this case, rule of law has been
flouted by the power of money and corruption. Police has investigated and
falsely claimed that I called up Sunil Gupta through my mobile. Police is shielding
the accused in the matter.
·
Woman
Protector Ahilya Bai has accepted carrying out search operation. Ahilya Bai searched
Sapna at the behest of Sunil Gupta and then put pressure on her. The objective
of Women Support Cell is to help women. In this case, laws under the Domestic
Violence Act 2005 have been completely violated. Ahilya Bai also pressurized me
and even humiliated me during the recording of my statement. I have sent a
registered written complaint to the Senior Superintendent of Police, Varanasi on
19 January, 2013.
Conclusion:
·
By terming the mental and physical exploitation of
Sapna Chaurasia as controversial and a case of personal disagreements in its
investigation report, the Varanasi police are trying to hush up the matter. A
corrupt section of the police is opposed to any move to defend human rights issues.
After the initiative of National Human Rights Commission on a complaint filed
on 5 December, 2012, a case was filed against Sunil Gupta (case no: 04/2013
under section 328/511/498A/323/504/506 of IPC) on 13 March, 2013 but two
crucial sections namely 328/511 were removed from this case by the Varanasi
police. The fact is that this marriage took place in 2005 but Sapna was taken
to a psychiatrist for treatment in 2010. The psychiatrist diagnosed Sapna suffering
from Adjustment
disorder which is caused by the Stressor. In this case
Sunil Gupta is the prime cause for such stress. Unfortunately the police
removed both the crucial sections from the case which help in this kind of offences.
·
This police report was sent on 10 April,
2013 but it does not mention the order passed by the honourable High Court. In
this order the honourable High Court dismissed the charge sheet sent to the IG
police, Varanasi on 21 January, 2013 and declared Sapna to live her life independently
and ordered Sunil Gupta not to interrupt in her peaceful live. The police
report does not even refer the report given by Circle Officer, Cant police
station. In the report Sunil Gupta was never asked the question that why the complaint
of the incident happened on 2 January, 2013 was not filed before 21 January,
2013? I filed a registered complaint regarding the threats I received on 16
January, 2013 but no action was taken on my complaint. Even no one recorded my
statement. I sent letters to honorable
National Human Rights Commission on 20 December, 2012, 16 January, 2013 and also
on 25 January, 2013. But the Commission did not take any step to for the
security of human rights worker as a result I had to approach the High Court. On
19 June, 2013, a crime no: 193/13 under sections 342, 384, 498 of IPC was filed
against me and Shruti in Bhelupur police station. I had a lethal attack on me and
Shruti’s dignity was hurt by a sustained campaign in the social networking
site, Face Book. The progress details of the investigation on this registered
case no: 359/13 and 418/13 are not being shared with the complainant. On 19
June, 2013 I was again threatened, I lodged a complaint but nothing happened. As
a result of this torture and constant pressure Sapna’s mother expired on 28
March, 2013. It is quite evident that the approach of Varanasi police has been
anti-women and its actions are directed towards torturing and destroying the lives
of human rights workers.
·
We
want that NHRC should summon me, Shruti, Police Officials and Sunil Gupta
before a full-bench of commission and start proceedings. The Commission should
strengthen its Human Rights Defender Desk. Investigations should be carried out
after filing the First Information Report on the threats received on 20
December, 2012 and 16 January, 2013 and compensation should be given to the mentally
tortured victim,; Sapna and other human rights workers. The whole case should
be handed over to Central Bureau of Investigation (CBI) for freed and fair investigation
and action should be taken against the police officials responsible for
injustice under section 166A of Indian Penal Code.
Discriminatory
attitudes and lack of sensitization to the dynamics of crimes involving sexual
or domestic violence leave victims without critical police aid or redress to
which they are entitled. The police attitude that domestic violence is
primarily of a private nature is the most unfortunate trivialization of a grave
social evil, that too, when the police are empowered to arrest the perpetrator
without any warrant.
The
Protection of Women from Domestic Violence Act, 2005, was enacted to augment women’s
immediate protection from violence through emergency relief, including access
to temporary protection order and domestic violence shelters.
In reality,
the situation, however, depicts a complete reversal. The lawyers and activists
say that due to poor implementation of the law, women facing imminent and life
threatening violence remains hostage to police attitude. This attitude of the
police perhaps stems from its traditional legacy of „rule of lords‟,
the same as its colonial masters. This is the common bond between the police
and the feudal lords in India, which do not believe in the concept of welfare
state.
We launched
the Satyagrah (http://en.wikipedia.org/wiki/Satyagraha) against drug Mafia, Sex
mafia, police atrocity and apathy of cases against Human Rights defenders in
various part of Uttar Pradesh. This satyagrah started on 15th August, 2013 and
continues for four days in front of street of PVCHR office and on 19th August,
2013 at District Head Quarter, Varanasi.
• 23rd
August, 2013 Baghwanala, Hukulganj, Varanasi
• 24th
August, 2013 Robertsganj, Sonbhadra
• 25th
August, 2013 Nehru Yuwa Kendra, Harhuwa
• 26th
August, 2013 Parmandapur Arajiline, Varanasi
• 27th
August, 2013 Saraimohana, Chairaigaon, Varanas
• 28th
August, 2013 Badagaon, Varanasi
• 29th
August, 2013 Pindra, Varanasi
• 30th
August, 2013 Rampur, Jaunpur
• 31st
August, 2013 Bazardiha
• 1st
September, 2013 Aligarh
• 2nd
September, 2013 Moradabad
• 3rd
September, 2013 Meerut
• 18th
September, 2013 culmination of Satyagrah in Lucknow at Vidhan Sabha Bhawan
If you want
to support and unable to attend please light a candle in your area, office and
home for rule of law in India and protection of Human Rights defenders and
write letter to Government of UP (cmup@nic.in) for rule of law in India and
protection of Human Rights defenders.
PLEASE SEND YOUR LETTERS TO:
1. Chief
Secretary
Government
of Uttar Pradesh
Shri Lal
Bhadur Shastri Bhavan
Lucknow
226001, Uttar Pradesh
INDIA
Fax: +91 52
2223 9283
Email:
csup@up.nic.in
2. Director
General of Police
1-Tilak
Marg, Lucknow
Uttar
Pradesh
INDIA
Fax: + 91
522 220 6120 / 220 6174
E-mail:
police@up.nic.in
3. 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
4. Inspector
General of Police
Varanasi
Zone
Varanasi,
Uttar Pradesh
INDIA
Email:
igzonevns@up.nic.in
5. Senior
Superintendent of Police
Varanasi,
SSP Office
Kachahari,
Varanasi, Uttar Pradesh
INDIA
Email:
sspvns@up.nic.in
6. Mrs Margaret Sekaggya
Special Representative of the Secretary General for
human rights defenders Att:
Ben Majekodunmi
Room 1-040
C/o
OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Tel: + 41
22 917 93 88
Fax: + 41
22 917 9006
E-mail:
urgent-action@ohchr.org
7. Chairperson
National Human Rights Commission
Manav Adhikar Bhawan, Block-'C', GPO Complex, INA, New Delhi – 110023
Fax No. +91-11-23384863
Manav Adhikar Bhawan, Block-'C', GPO Complex, INA, New Delhi – 110023
Fax No. +91-11-23384863
E-Mail:
covdnhrc@nic.in, ionhrc@nic.in, jrlawnhrc@hub.nic.in, chairnhrc@nic.in
8. Hon'ble
President,
President of India,
Rashtrapati
Bhawan,
New Delhi –
110001,
India.
9. The Registrar,
Supreme court of India,
Tilak marg,
New Delhi – 110001 – India.
Tel -
+91-1123388922 – 24, 23388942 – 44,
Fax no. -
+91-1123381508, 23381584,23384336 / 23384533 / 23384447.
Email –
supremecourt@nic.in
10. The prime minister,
Prime
minister of India,
South
block, Raisina hill,
New Delhi –
110011, India.
Tel -
+91-1123012312,
Fax -
+91-1123019545 / 23016857.
Email:
pmosb@pmo.nic.in
11. Hon'ble Chief justice,
High court,
Uttar Pradesh,
1, Lal
Bahadur Shastri marg, Allahabad,
Uttar
Pradesh – India.
12. District Magistrate
Varanasi
Uttar
Pradesh
INDIA
Fax: +91 54
2234 8313
E-mail:
dmvsn@satyam.net.in
13. Special Rapporteur on Violence Against
Women
OHCHR –
UNOG
8- 14
Avenue de la Paix
1211 Geneva
10,
Switzerland
Fax No:
+41229179006
Email:
vaw@ohchr.org
Thank You
Urgent Appeal Desk, PVCHR
(pvchr.india@gmail.com)
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