Since 1993, I am
working as a full time Human Rights Defender, for rights of survivors, in
India. I live under constant death threats for my human rights work. Threat,
intimidation, attack, false implication and defamation are occupational hazards
of the process of social transformation towards a plural democracy based on
rule of law, dignity, diversity, non-violence and justice. But, mysterious
non-support of the National Human Rights Commission (NHRC), a premier human
rights institution of India, in my cases as a Human Rights Defender, is a real
life-time surprise for me[i].
Every time, the Honorable
High Courts of UP and Delhi have provided me with immediate and effective
remedies, in comparison to the Human Rights Defenders desk of the NHRC. I
appealed to the NHRC for a Central Bureau of Investigation (CBI) enquiry into
the systematic attack on me and Shruti Nagvanshi, due to People's Vigilance
Committee on Human Rights' (PVCHR's) support to a woman survivor and her
family. But, there is no step towards any independent investigation by the
NHRC, or real time support by Human Rights defenders desk too. There is only
one trend that justice delay is justice denied. (Case No. 42218/24/72/2012)
In this case, we
criticized the national and international players through our writing on blog
and emailing. Now, a few international players are involved, to oppose us to
establish the era of 'corporate fascism' in context of 'sectarian fascism' of
Hindutva[iii].
Simultaneously, Shruti
Nagvanshi and Shirin Shabana Khan intervened in the case of rape of a Danish
woman, at Paharganj police station in New Delhi. Both of them are first
complaints to the NHRC, but the NHRC did not send a report to them for comment,
and marked the case as a closed case'.
Edmund Burke rightly
says, "All tyranny needs to gain a foothold is for people of good
conscience to remain silent." So, we are continuously pursuing the case
for justice. We received the consequence of false implication by the police of
Paharganj Police Station in New Delhi. I, and associates of PVCHR, filed many
petitions, but the NHRC responded as mere eye-wash tactics. We received
surprised responses from the Home Ministry of India and office of Honourable
President of India, but there is a mysterious silence of the NHRC. Why?
India should develop a
national law for the protection of human rights defenders, and strengthen the
capacity and mandate of the NHRC's focal point on defenders.
The NHRC needs to
establish and resource a full-time dedicated focal point, to intervene in cases
where human rights defenders are at risk, and to investigate and promote
accountability where threats and attacks occur.
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.
Please find systematic interim
directions of National Human Rights Commission (NHRC) with other facts:
NHRC issued notice to
concern authorities calling for a report within four weeks on 13 December, 2012.
Proceedings on 25
March,2013:
NHRC again issue a notice to
SSP Varanasi for reports within a week sharing put on 6.6.2013. Proceedings highlighted
about no action by police.
Proceedings on 24.6.2013:
NHRC received a
report regarding the report police file a case on Sunil Kumar Gupta as
crime number 4 /2013 under 328,511,498A,323,504 and 506 IPC.
Proceedings
26.09.2013:
Proceedings
highlighted about apathy of police such as:
“……which
shows that accused Shri Sunil Kumar Gupta, was being favored, while false cases
were registered against complainant, who was trying to protect the rights of
the victims, Smt. SapanaChaurasia. The accused Shri Sunil Kumar Gupta also
threatened them and forced to reach a compromise, which was recorded and has
been sent to the Commission in a CD. …… The complainant has alleged that the
accused Shri Sunil Kumar Gupta,in collusion with the local police, is
threatening the complainant and the victim with dire consequences, and their
lives are under threat. The complainant has further alleged that he was
threatened on 16 January, 2013 and matter was reported to the police but no
action was taken. Thereafter, fake cases were registered against the
complainant and his wife Shruti.”
“The
Varanasi police officials have shown their anti-women attitude and are acting
towards eliminating the human rights defenders. The complainant has requested
that he along with wife Shruti, the victim SapanaChaurasia, the accused Sunil
Gupta and concerned police officials should be summoned by the full Bench of
the Commission to enquire in to matter in details; the offenders should be
punished and adequate compensation should be recommended to the victims. He has
requested a CBI enquiry of the entire matter and action against the delinquent
police officials under section 166(A) IPC.”
“ As the complainant, a human rights defender
has alleged serious threat to his life and his false implication in connivance
with police, let the Principal Secretary (Home) Government of UP,Lucknow be
asked to have all the cases registered in this regards by complainant and his
wife, investigated by CBCID and to submit an action taken report within eight
weeks. The Senior Superintendent of Police, Varanasi, UP be asked to ensure
safety and security of complainant Dr.Lenin Raghuvanshi, his family and the
victim Smt.Sapna Chaurasia.”
But we did not receive any security from state and NHRC did not ask and
make any follow up with state Government for security. It is noted that PVCHR issued
urgent appeal titled “ Threats to human rights defenders of PVCHR and Women
Survivors in Varanasi”.[iv]
Proceedings 24.01.2014:
NO
report of CBCID investigation of case has been received. Issue a reminder to
the Principal Secretary, Department of Home, Government of UP to expedite the
matter and send within eight weeks the CBCID investigation report in matter.
Issue
a final reminder to the Principal Secretary, Department of Home, Government of
UP to get expedited the investigation by the CBCID and a report sent to
Commission within eight weeks, falling which a coercive process would be sent.
Proceedings 17
February,2015:
This matter has been further
investigated by CB/CID, UP the Dy. Secretary, Home (HR) Dept. Govt. of UP vide
his communication dated 17.10.2014 has forwarded the detailed report of CB/CID,
UP in matter. In the light of facts and circumstances of this case, let the
DIG, investigation division get records of the case examined together with the
version of petitioner on file within four weeks.
It is noted that PVCHR
already sent report of CB/CID to NHRC and also PVCHR made point’s wise comment
on it and asked for CBI investigation. But NHRC report and direction made
mysterious silence on it.
Proceedings 19.04.2014:
The Commission has
perused the detailed notings of the investigation Division and the papers
placed in the file. In so far as the cases which are under consideration of the
court, the Commission cannot intervene and the petitioner may ventilate his
grievances before the adjudication court. The allegations of
attempt on his life & his false implication are serious in nature. The
petitioner has been a member of the Core Committee on NGO, in the Commission
and has filed several cases in the Commission on violation of Human rights from
across the country. In the lights of facts and circumstances of his case, let
the DIG, Investigation Division of the Commission call the petitioner Dr, Lenin
on a mutually convenient date and get his version recorded. Present
status/outcome of the criminal cases as indicated recorded.
Proceedings 17/7/2016:
Investigation
Division, NHRC has intimated that despite issuance of letter dated 17.05.2016
to the SSP, Varanasi followed by reminder dated 02.06.2016 and final reminder
dated 19.10.2016 the requisite report on the present status of case Fir No.
199/13 PS Bhelupur, Varanasi, FIR No. 04/13 Mahila Police Station, Mahanagar,
Sadar Varanasi, FIR No. 359/13 PS Cantt, Varanasi and FIR No, 418/13 PS Cantt,
Varanasi has not been received so far.
The Commission takes serious view of
the non-responsive attitude of the SSP, Varanasi UP, Let conditional summons be
issued to the SSP, Varanasi, UP to appear before the Commission on 19.05.2017
along with the requisite report on the present status of the FIRs as mentioned
above. Should however, the requisite report be received in the Commission on or
before 12.05.2017, the personal appearance of the SSP, Varanasi shall stand
dispensed with,
Proceedings 29/3/2017:
The Commission has noticed that Case No.
42218/24/72/2012 (Main File) L/F: 23165/24/72/2013, 39430/24/72/2013,
43425/24/2013, 40242/24/72/2014,43979/24/72/2012-WC,13100/24/72/2016-WC,
21574/24/72/2013, 4419/24/72/2013, 4490/24/72/2013, 16022/24/72/2013,
15443/24/72/2013, 15444/24/72/2013 & 22763/24/72/2013 are also pending
regarding the same subject matter which have been tagged with this leading case
as link case. The Commission is of the opinion that as all the proceedings are
drawn and reports are placed in the (42218/24/72/2012) leading case,
there is no use of keeping the link cases pending.
Therefore, the link cases be merged with the leading case
and shown as closed in the computerized data base of the Commission. The
leading case/main file to continue. The complainants of the link cases be
informed that these cases have been merged with the leading case. They can view
progress of their matter at the website of the Commission i.c www.nhrc.nic.in. The final disposal of the
leading case shall be intimated to them accordingly
Proceedings 15.12.2017:
Commission
takes a very serious view of the non-responsive attitude on the part of the
SSP. Varanasi. Let Summons under section 13 of the PHR Act, 1993 be issued to
the SSP, Varanasi to personally appear before the Commission on 20.2.2018 to
explain his utter casual and callous attitude since the instant cases pertain
to the year 2012. However, if the report is received a week prior to the
scheduled date, his personal appearance shall stand dispensed with.
Proceedings
05.11.2018:
The complainant activist alleges that victim
girl namely Smt. Sapna was forcibly produced before a notary public for
attestation of so=-called marriage with one Sunil Kumar Gupta. She despite
complaint, no action has been taken by the police.
Vide earlier proceedings dated 15.12.2017,
the Commission had observed that despite reminders and threat of coercive
process no report has been received from SSP Varanasi regarding present status
of FIR NO 199/2013, 4/2013, 359/2013 & 418/2013. Hence Commission had
issued summons u/s 13 of PHRA against SSP Varanasi to personally appear before
the Commission on 20.2.2018 to explain his utter casual and callous attitude
since the instant case pertains to the year 2012. However if the report is
received a week prior to the scheduled date, his personal appearance shall
stand dispensed with.
In
response SP Crime Varanasi has inform the Commission vide report dated
27.8.2018, wherein its stated that in case no 359/13 u/s 307/452/341 IPC registered
against the complainant, a final report was filed in the court and later on the
investigation was handed over to CB/CID Lucknow wherein also again the same
final report was filed after re-investigation. In case no 418/13 also a final
report was filed in the court and later on the investigation was handed over to
CB/CID Lucknow and again the same final report was filed u/s 323/504/506 IPC.
In case no 199/13 a final report was filed in the court.
The
Commission has considered the material placed on record. As in all the FIR’s
police investigation is completed and now the matters are before the court to
adjudicate. Hence nothing left at this stage for the commission to proceed
further in the matter. Therefore the case is closed, in from the complainant
accordingly.
Summary
of non action and manipulation by NHRC as follows:
- 1. NHRC website[v]
talked about intervention in false implication. But in case of false
implication of a human rights defender, NHRC did eye wash tactics. NHRC waited
to bring cases before courts. NHRC provided a lot of time to CB/CID and police
for that reason. I submitted details point-wise protest report of CB/CID and
asked for CBI investigation, but smartly NHRC did not talk about my comments on
CB/CID report.
- 2. NHRC gave interim
direction for security of Human Rights Defenders and victim on 26.09.2013
and also highlighted gave security threat too. But NHRC did not make any effort
for compliance of its own direction. It is a sign of dangerous trend for
protection of Human Rights defenders.
- 3. I wrote a letter to Chairperson of NHRC on 26 July,
2013[vi]
about action against responsible police official under 166 A, IPC. I also
demanded to file FIR on threat to me on 20th Decemebr, 2012 and 16
January, 2013, but no mention about this demands and facts in NHRC
direction. I also asked for CBI
investigation too. But NHRC procedures in my case played smart mysterious
silence game in favour of perpetrators.
- 4. If you observed all proceedings then you find that
NHRC provided al long time to police department which is a way to justice delay
is justice denied.
- 5.
I found an important
fact that Ms Jyotika Kalra ji assumed office as Member of the National
Human Rights Commission on the 5th April, 2017[vii] and
my case from Chairperson of NHRC to transferred to Smt. Jyotika Kalra and she
provided direction on 15 December 2017 after proceeding on 19.04.2016. She puts my case on 20 February, 2018. Then
she resigned from NHRC on 2 January, 2018 (according media report) and then she
rejoined on 7 March, 2018. According Scorll[viii], among other factors that had compelled her to resign, Kalra
mentioned the body’s alleged inefficiency in spreading awareness about human
rights, its tendency to close cases quickly. I shocked to know that she closed
my case on 5 November,2018. And she did not mention previous directions of NHRC
and it shows her tendency to close cases quickly and superficially.
Please find follows
detailed all directions of NHRC as follows:
NATIONAL HUMAN RIGHTS
COMMISSION
FARIDKOT HOUSE
NEW DELHI
Name of the complainant : Dr. Lenin
Case
No : 42218/24/72/2012
Date
:
Coram : Shri Satyabrata Pal
Member
Whether
to be reported : Yes/No
PROCEEDINGS
These
proceedings are on a complaint of Dr. Lenin, General Secretary to PVCHR,
Varanasi, U.P., in which it is alleged that Smt. Sapna Chaurasia, 23, Daughter of
late Ramnarayan Chaurasia was forcibly produced before a Notary Public for
attestation of a so-called marriage with one Sunil Kumar Gupta. She has been
subjected to sexual abuse and harassment by him. Her brother and parents are
also intimidated with the help of local police. No action was taken on her
complaint to the police. Her own life as well as that of her son Ansh, 5, is in
danger. The complainant has requested intervention of the Commission.
The Commission took cognizance of
matter on 13.12.2012 and called for a report from the SSP, Varanasi But no
report has been received.
Let
a reminder be issued to the SSP. Varanasi to send the requisite report within
eight weeks.
Put
up 6.6.2013
NATIONAL HUMAN RIGHTS
COMMISSION
FARIDKOT HOUSE
NEW DELHI
Name of the complainant : Dr. Lenin
Case
No : 42218/24/72/2012
Date
:
Coram : Shri Satyabrata Pal
Member
Whether
to be reported : Yes/No
PROCEEDINGS
These proceedings shall be
read in continuation of the Commission’s earlier proceedings dated 25.3.2013
when it directed to issue a reminder to the Sr. Superintendent of Police,
Varanasi to send the requisite report.
The Superintendent of Police, Rural/Nodal
Officer, Varanasi has sent an enquiry report of the Superintendent of Police,
City, Varanasi dated 14.3.2013. A perusal of the report reveals that there is a
matrimonial dispute between Smt. Sapna Chaurasia and her husband Sunil Kumar
Gupta. During enquiry, she gave an application against her husband alleging
harassment by her husband. Consequently, on 13.3.2013, a case crime No. 4/2013
u/s 328/511/498A/323/504/506 IPC against Sunil Kumar Gupta was registered in PS
Bhelupur, Varanasi. The case is being investigated by Smt. Abmika Singh, S.O.
Women’s Police Station, Varanasi. She has been directed to expedite the
investigation.
Let
a copy of the report be sent to the complainant for his comments, if any, which
should be received in the Commission within eight weeks,
Put
up on the 18th September 2013.
NATIONAL HUMAN RIGHTS
COMMISSION
MANAY ADHIKAR BHAWAN, INA
NEW DELHI
Case
No : 42218/24/72/2012
Name of the complainant : Dr. Lenin
Date
:
Coram : Shri Satyabrata Pal
PROCEEDINGS
These
proceedings are on a complaint of Dr. Lenin General Secretary to PVCHR,
Varanasi, Utter Pradesh in which it is alleged that Smt. Sapna Chaurasia, 23
daughter of late Ramnarayan Chaurasia was forcibly produced before a Notary
Public for attestation of a so-called marriage with one Sunil Kumar Gupta, She
has been subjected to sexual abuse and harassment by him. Her brother and
parents are also intimidated with the help of local police. No action was taken
on her complaint to the police. Her life as well as that of her son Ansh, 5
year, is in danger. The complainant has requested intervention of the
Commission.
Pursuant
to the communications of the Commission, the Superintendent of Police,
Rural/Nodal Officer, Varanasi dated 14.03.2013. A perusal of the report
revealed that there is a matrimonial dispute between Smt. Sapna Chaurasia and
her husband Sunil Kumar Gupta. During enquiry, she gave an application alleging
harassment by her husband. Consequently, on 13.03.2013, a case crime No 4/2013
u/s 328/511/498A/323/504/506 IPC against Sunil Kumar Gupta was registered in PS
Bhelupur, Varanasi. The case is being investigated by Smt. Ambika Singh, S.O
Women’s Police Station. Varanasi. She has been directed to expedite the
investigation.
A copy of the report was sent to the
complainant for his comments. In response, the complainant vide communication
dated 26.07.2013 has submitted that Mr. Sunil Kumar Gupta, said husband of the
victim lady Smt. Sapna Chaurasia had registered case No 199/13 u/s, 342,384,498
IPC in Bhelupur Police Station, Station, Varanasi against the complainant Dr.
Lenin and his wife Shruti on 21.01.2013 which could not be substantiated in the
investigation conducted by Circle Officer Cantt, Varanasi. Thereafter Mr. Sunil
Kumar Gupta submitted habeas corpus writ petition No 8753/2013 on 10.02.2013 in
the High Court which was dismissed with the directions that Mr. Sunil Kumar
Gupta is restrained from making any kind of interference in the peaceful life
and liberty of the corpus. The complainant further stated that police had
registered case No.4/13/u/s 328/511/498/ (A) /323/504 IPC on the complaint of
Smt. Sapna chaurasia against her husband Shri Sunil kumar Gupta on 13.03.2013
only after the notice issued by the Commission as well as a reminder from the
Ministry of Home Affairs, But Section 328 and 511 IPC have been removed at a
later stage, which shows that the
accused Shri Sunil Kumar Gupta, was being favoured, while false cases
were registered against the complainant, who was trying to protect the rights
of the victim, Smt. Sapna Chaurasia. The accused Shri Sunil kumar Gupta also
threatened them and forced them to reach a compromise, which was recorded and
has been sent to the Commission in a CD. This matter is also under investigation
by Circle Officer, Cantt, Varanasi. The complainant has alleged that the
accused Shri Sunil Kumar Gupta in collusion with the local police, is
threatening the complainant and the victim with dire consequences, and their
lives are under threat. The complainant has further alleged that he was
threatened on 16.01.2013 and the matter was reported to the police but on
action was taken. Thereafter, fake cases were registered against the
complainant and his wife Shruti. The complainant was attacked to kill on
24.04.2013 for which Crime Case No.359/13 under Section 307,452,341,323 IPC in
Daulatpur Police Station was registered but no further investigation has been
conducted in this matter and no accused has been arrested. Further, image of
his wife and his cousin sister was damaged through Face Book for which Crime
Case No. 418/13 under Section 66 (C), 66 (d) 66 and 67 (b) IT Act was
registered but no further action has been taken by the police despite various
reminders to the police authorities. The complainant has also submitted an
application to the police for action against Sunil Kumar Gupta under Section
182 IPC for his act of false implication to the complaint.
The Varanasi police officials have
shown their anti-women attitude and are acting towards elimination the Human
rights defenders. The complainant has requested that he along with his wife
Shruti, the victim Smt. Sapna Chaurasia, the accused Sunil Kumar Gupta and the
concerned police officials should be summoned by the Full Bench of the Commission
to enquire into the matter in detail. The offenders should be punished and
adequate compensation should be recommended to the victims. He has also
requested a CBI enquiry of the entire matter and action against the delinquent
police officials under Section 166 (A) IPC. The Commission has also received
similar communication dated 13.09.2013 from the complainant Dr. Lenin in a
printed booklet from.
The Commission has also received other
complaints in the same subject, including complaint case No. 4419/24/72/2013
registered on the complaint of Henri Tiphagne. In this case, the Commission
vide proceedings dated 11.02.2013 had asked the Director General
(Investigation) of the Commission to collect facts. The Joint Registrar (Law),
in his capacity as the focal point for human rights defenders, was also asked
to keep in regular touch with the complainant Dr. Lenin Raghuvanshi. Another
complaint No. 15443/24/72/2013 was registered in the Commission vide which the
complainant Dr. Lenin Raghuvanshi had alleged that three unknown assailants
fired on him on 24.04.2013 and attacked him by a knife. The Commission vide
proceedings dated 13.05.2013 had asked the Director General (Investigation) to
have the facts collected over telephone. In response, it was informed by the
Varanasi Police officials that FIR 278 dated 25.04.2013 under Section 307, 425,
341, 323 IPC was registered and the matter was under investigation.
Let the case Nos. 4419/24/72/2013,
4490/24/72/2013, 16022/24/72/2013, 23165/24/72/2013 and 21574/24/72/2013 be
linked with case file No, 42218/24/72/2012.
As the complainant, a human rights
defender has alleged serious threat to his life and his false implication in
connivance with police, let the Principal Secretary (Home) Government of Uttar
Pradesh, Lucknow be asked to have all the cases registered in this regard by
the complainant and his wife, investigated by CBCID and to submit an action
taken report within eight weeks.
The Senior Superintendent of
Police, Varanasi Utter Pradesh be asked to ensure safety and security of the
complainant Dr. Lenin Raghuvanshi, his family and the victim Smt. Sapna
Chaurasia.
Put
up on 15.01.2014
NATIONAL HUMAN RIGHTS
COMMISSION
Manavadhikar Bhawan, NEW
DELHI
Name of the complainant : Dr. Lenin
Case
No : 42218/24/72/2012
Date
:
Coram : Shri Satyabrata Pal, Member
Whether
to be reported : Yes/No
PROCEEDINGS
These
proceedings shall be read in continuation of the Commission’s earlier
proceedings dated 26.09.2013.
No
report of CBCID investigation of the case has been received.
Issue
a reminder to the Principal Secretary, Department of Home, Government of U.P.
to expedite the matter and send within eight weeks the CBCID investigation
report in the matter.
Put
up the matter on 15th April, 2014.
NATIONAL HUMAN RIGHTS
COMMISSION
Manavadhikar Bhawan, NEW
DELHI
Name of the complainant : Dr. Lenin
Case
No : 42218/24/72/2012
Date
: 8 September, 2014
Coram : Justice Shri D. Murugesan, Member
PROCEEDINGS
These
proceedings shall be read in continuation of the Commission’s earlier
proceedings dated 24.01.2014 when it directed to issue a reminder to the
principal secretary, department of Home. Government of U.P. to expedite the
matter and send the CBCID enquiry report. No requisite report is received in
the Commission.
Issue a final reminder to the
principal Secretary, department of Home, Government of U.P, to get expedited
the investigation by the CBCID and a report sent to the Commission within eight
weeks, failing which a coercive process would be sent.
Put up the matter on 15th December,
2014.
NATIONAL HUMAN RIGHTS
COMMISSION
Manavadhikar Bhawan, NEW
DELHI
Name of the complainant : Dr.
Lenin
Case
No : 42218/24/72/2012
Date
: 17 Feb,2015
Coram : Justice
Shri D. Murugesan, Member
PROCEEDINGS
Pursuant
to directions of the Commission vide proceedings dated 26.06.2013 the matter
has been further investigated by the CB/CID, UP the by, secretary, Home (HR) Dept..,
Govt. of UP vide his communication dated 17.10.2014 has forwarded the detailed
report of CB/CID, UP in the matter. In the light of facts and circumstances of
his case, let the DIG investigation division get records of the case examined
together with the version of the petitioner of file within four weeks.
Put
up on. 23.04.2015
NATIONAL HUMAN RIGHTS
COMMISSION
Manavadhikar Bhawan, NEW
DELHI
Name of the complainant :
Dr. Lenin
Case
No :
42218/24/72/2012
Date
: 19/4/2016
Coram : Justice Shri H.L.Dattu, Chairperson
PROCEEDINGS
The
matter relates to the complaint of Dr. Lenin of an NGO alleging atrocities on a
woman namely Sapna Chaurasia by her husband Sunil Kumar Gupta and inaction by
the State Authorities. The said Sunil Kumar Gupta has also lodged a complaint
against Dr. Lenin alleging that has wife sapna chaurasia has been confined by
Dr. Lenin and that that the State Authorities are not taking any action several
complaints have subsequently been received in the Commission from Dr. Lenin and
other NGOs alleging attempt on the life of Dr. Lenin, intimidation and has
false implication in various cases and inaction by the State Authorities. In
all there are 14 cases registered in the Commission which have been linked
clubbed together.
Pursuant to directions of the
Commission vide proceedings dated 17.02.2015 and 19.08.2015, the matter has
been examined by the DIG, investigation of the Commission. Perusal of the same
reveals that on the complaint of Dr. Lenin, two criminal cases vide Cr. No
359/2013, PS Cantt, Varanasi, u/s 307,452,341,323, IPC and Cr no 418/2013, PS
Cantt, Varanasi, u/s 66, 67, IT Act were registered, according to the CB/CID,
UP charges in both the cases could not be proved and therefore final
report have been filed in the court. The
case Cr. No. 4/2013, PS Mahila, Mahanagar u/s 328,511,498-A 323,504 IPC
registered on the complaint of Smt. Sapna Chaurasia against her husband is
reportedly pending investigation. A criminal case vide Cr. No. 199/2013, Ps
Bhelupur, u/s 342,384,498 IPC registered on the complaint of Sunil Gupta
against Dr. Lenin and others has also been investigated and based on the
testimony of the victim, final report has been filed by the police. On perusal
of the papers placed in the file, it could be seen that a rape case has been
registered subsequently by Delhi Police against Dr. Lenin. The main grievances of
the petitioner are that being a Human Rights Defender, he has falsely been
implicated, police has not investigated properly the cases got registered by
him and that there is imminent threat to his life. The petitioner has made
several complaints to the Commission on this behalf and has also approached the
State Authorities for redrassal of his grievances,
The Commission has perused the
detailed notings of the investigation Division and the papers placed in the
file. In so far as the cases which are under consideration of the court, the
Commission cannot intervene and the petitioner may ventilate his grievances
before the adjudication court. The allegations of attempt on his life
& his false implication are serious in nature. The petitioner has been a member
of the Core Committee on NGO, in the Commission and has filed several cases in
the Commission on violation of Human rights from across the country. In the
lights of facts and circumstances of his case, let the DIG, Investigation
Division of the Commission call the petitioner Dr, Lenin on a mutually
convenient date and get his version recorded. Present status/outcome of the
criminal cases as indicated recorded. Present status/outcome of the criminal
cases as indicated above be obtained within 6 weeks. The matter thereafter
be placed before the full Commission.
NATIONAL HUMAN RIGHTS
COMMISSION
Manav adhikar Bhawan
LAW DIVISION
(M-4 BRANCH)
Case
No :
42218/24/72/2012
Name of the complainant :
Dr. Lenin
Date
: 17/7/2016
Coram : Justice Shri H.L DATTU Chairperson
PROCEEDINGS
Investigation
Division, NHRC has intimated that despite issuance of letter dated 17.05.2016
to the SSP, Varanasi followed by reminder dated 02.06.2016 and final reminder
dated 19.10.2016 the requisite report on the present status of case Fir No.
199/13 PS Bhelupur, Varanasi, FIR No. 04/13 Mahila Police Station, Mahanagar,
Sadar Varanasi, FIR No. 359/13 PS Cantt, Varanasi and FIR No, 418/13 PS Cantt,
Varanasi has not been received so far.
The Commission takes serious view of
the non-responsive attitude of the SSP, Varanasi UP, Let conditional summons be
issued to the SSP, Varanasi, UP to appear before the Commission on 19.05.2017
along with the requisite report on the present status of the FIRs as mentioned
above. Should however, the requisite report be received in the Commission on or
before 12.05.2017, the personal appearance of the SSP, Varanasi shall stand
dispensed with,
Put
up on ………………………..
NATIONAL HUMAN RIGHTS
COMMISSION
Manav adhikar Bhawan, NEW
DELHI
Name of the complainant :
Dr. Lenin
Case No :
42218/24/72/2012 (Main File)
L/F:
23165/24/72/2013
39430/24/72/2013
43425/24/2013
40242/24/72/2014
43979/24/72/2012-WC
13100/24/72/2016-WC
21574/24/72/2013
4419/24/72/2013
4490/24/72/2013
16022/24/72/2013
15443/24/72/2013
15444/24/72/2013
22763/24/72/2013
Date : 29/3/2017
Coram :
Justice Shri H.L. Dattu, Chairperson
PROCEEDINGS
The
matter relates to the complaint of Dr. Lenin of an NGO alleging atrocities on a
woman namely Sapna Chaurasia by her husband Sunil Kumar Gupta and inaction by
the State Authorities. The said Sunil Kumar Gupta has also lodged a complaint
against Dr. Lenin alleging that his wife Sapna chaurasia has been confined by
Dr. Lenin and that he State Authorities are not taking any action, several
complaints have subsequently been received in the Commission from Dr. Lenin
& other NGOs alleging attempt on the fife of Dr. Lenin, intimidation and
his false implication in various cases & inaction by the State Authorities.
The
Commission has noticed that Case No. 42218/24/72/2012 (Main File) L/F:
23165/24/72/2013, 39430/24/72/2013, 43425/24/2013,
40242/24/72/2014,43979/24/72/2012-WC,13100/24/72/2016-WC, 21574/24/72/2013,
4419/24/72/2013, 4490/24/72/2013, 16022/24/72/2013, 15443/24/72/2013,
15444/24/72/2013 & 22763/24/72/2013 are also pending regarding the same
subject matter which have been tagged with this leading case as link case. The
Commission is of the opinion that as all the proceedings are drawn and reports
are placed in the (42218/24/72/2012) leading case, there is no use of
keeping the link cases pending.
Therefore,
the link cases be merged with the leading case and shown as closed in the
computerized data base of the Commission. The leading case/main file to
continue. The complainants of the link cases be informed that these cases have
been merged with the leading case. They can view progress of their matter at the
website of the Commission i.c www.nhrc.nic.in.
The final disposal of the leading case shall be intimated to them accordingly.
NATIONAL HUMAN RIGHTS
COMMISSION
Manav adhikar Bhawan
New Delhi
Case
No :
42218/24/72/2012
Name of the complainant :
Dr. Lenin
Date
: 15.12.2017
Coram : Smt. Jyotika Kalra Member
PROCEEDINGS
This
proceeding shall be read in continuation of the earlier proceeding in the
matter:
Vide
last proceedings dated 19.4.2016 the Commission directed as under:
“
The Commission has perused the detailed notings of the investigation Division
and the papers placed in the file. In so far as the cases which are under
consideration of the court, the Commission cannot intervene and the petitioner may
ventilate his grievances before the adjudication court. The allegations of
attempt on his life & his false implication are serious in nature. The
petitioner has been a member of the Core Committee on NGO. In the Commission
and has filed several cases in the Commission on violation of Human Rights From
across the country. In the light of the facts and circumstances of this case,
let the DIG, investigation Division of the Commission Call the petitioner Dr.
Lenin on a mutually convenient date and get his version recorded. Present
status/outcome of the criminal cases as indicated above be obtained within 6
weeks. The matter therefore be placed before the full Commission.’’
A note has thus been received from the
investigation division detailing the steps taken by it, it is inter-alia
reported vide note dated 27.5.2016 that the complainant was called “as per his
convenience” and his statement was recorded making allegations/complaints
regarding cases registered against him. Accordingly, present status/ outcome of
the cases is being sought.
It is inter-alia further reported that
despite reminders ending with that dated 19.10.2016, present status of FIR Nos.
199/2013, 4/2013, 359/2013 and 418/2013 have not been received from the SSP,
Varanasi so far. Threat of coercive process has not yielded any results.
Commission takes a very serious view
of the non-responsive attitude on the part of the SSP. Varanasi. Let Summons
under section 13 of the PHR Act, 1993 be issued to the SSP, Varanasi to
personally appear before the Commission on 20.2.2018 to explain his utter
casual and callous attitude since the instant cases pertain to the year 2012.
However, if the report is received a week prior to the scheduled date, his
personal appearance shall stand dispensed with.
Put
up on 20.2.2018
Delinked
files be bunched separately,
NATIONAL HUMAN RIGHTS
COMMISSION
Manav adhikar Bhawan
New Delhi
Name of the complainant :
Dr. Lenin
Case
No :
42218/24/72/2012
Date
: 05.11.2018
Coram : Smt. Jyotika Kalra Member
PROCEEDINGS
The
complainant activist alleges that victim girl namely Smt. Sapna was forcibly
produced before a notary public for attestation of so=-called marriage with one
Sunil Kumar Gupta. She despite complaint, no action has been taken by the
police.
Vide earlier proceedings dated 15.12.2017,
the Commission had observed that despite reminders and threat of coercive
process no report has been received from SSP Varanasi regarding present status
of FIR NO 199/2013, 4/2013, 359/2013 & 418/2013. Hence Commission had
issued summons u/s 13 of PHRA against SSP Varanasi to personally appear before
the Commission on 20.2.2018 to explain his utter casual and callous attitude
since the instant case pertains to the year 2012. However if the report is
received a week prior to the scheduled date, his personal appearance shall
stand dispensed with.
In
response SP Crime Varanasi has inform the Commission vide report dated
27.8.2018, wherein its stated that in case no 359/13 u/s 307/452/341 IPC registered
against the complainant, a final report was filed in the court and later on the
investigation was handed over to CB/CID Lucknow wherein also again the same
final report was filed after re-investigation. In case no 418/13 also a final
report was filed in the court and later on the investigation was handed over to
CB/CID Lucknow and again the same final report was filed u/s 323/504/506 IPC.
In case no 199/13 a final report was filed in the court.
The
Commission has considered the material placed on record. As in all the FIR’s
police investigation is completed and now the matters are before the court to
adjudicate. Hence nothing left at this stage for the commission to proceed
further in the matter. Therefore the case is closed, in from the complainant
accordingly.
