Thursday, July 11, 2019

The Superintendent of Police, CB/CID, Gorakhpur, Uttar Pradesh is further directed to submit the outcome of disciplinary proceeding against involved police officials




Summon to SP Newada in 115 houses of the dalits were burnt down by the influential persons of the Village




CBI Investigation in the Noida Women, daughter raped near Bulandshahr highway



---------- Forwarded message ---------
From: PVCHR Communication <cfr.pvchr@gmail.com>
Date: Tue, Aug 2, 2016 at 12:17 PM
Subject: Noida woman, daughter raped near Bulandshahr highway, 15 detained
To: covdnhrc <covdnhrc@nic.in>, NHRC <ionhrc@nic.in>
Cc: Dr. Lenin Raghuvanshi <lenin@pvchr.asia>

To,                                                                                              
The Chairperson,
National Human Rights Commission,
New Delhi.

Respected Sir,
I want to bring in your kind attention towards the news published in the national online news in Hindustan Times on 2nd August, 2016 regarding Noida woman, daughter raped near Bulandshahr highway, 15 detained http://www.hindustantimes.com/india-news/noida-woman-daughter-gangraped-near-bulandshahr-highway-15-detained/story-MSD1pXA4bAIhiV6caVsb9N.html
Police have detained 15 people for the alleged gangrape of a woman and her teenage daughter in Uttar Pradesh’s Bulandshahr district.
UP chief minister Akhilesh Yadav asked the principal secretary of the home department and the director general of police on Sunday to monitor the probe into the case that has sent shock waves across the nation.
A Noida-based family of five people, including the 13-year-old girl and her mother, was headed to their native place in Shahjahanpur in a car late on Friday night. Miscreants waylaid them on the Ghaziabad-Aligarh highway, dragged the woman and her daughter out of the vehicle and raped them for over two hours, the family complained.
Police registered a case of robbery, rape and wrongful confinement. Senior officials rushed to the spot, and the Uttar Pradesh Special Task Force was roped in for the investigation. Three suspects were identified.
“Fifteen suspects have been nabbed for interrogation...hope that the accused would be arrested soon,” Daljit Singh, additional director general ( law and order), said.
Miscreants threw a piece of metal at the car when it was passing through Dostpur village at around 1:30am, forcing the driver to stop, police said. When the driver got out to examine the damage, the criminals, who were hiding on the roadside, overpowered him and allegedly forced him to drive the car off the road and into the fields.
The gang then tied up the male members and assaulted the woman and her daughter. The miscreants fled after robbing the family of cash and other valuables. The victims managed to reach the Dehat Kotwali police station in the morning.
“A detailed questioning is underway... and we have got substantial leads so far. Our teams are working on the case,” said Vaibhav Krishna, senior superintendent of police, Bulandshahr.
Laxmi Singh, inspector general of police of the Meerut Range, too said: “We have important clues.”
Police suspect the involvement of Bawariyas -- a nomadic tribe in northern India --- in the crime. “The modus operandi of criminals points towards tribal Bawariya gangs, though we have been working on all possible angles to crack the case,” SSP Krishna said over phone from Bulandshahr.
Kotwali Dehat sation officer Ram Sain Singh was relieved from the charge of the case after police reported his negligence, the SSP said.
India brought in more stringent laws against sexual offenders after the fatal gangrape of a student in Delhi in December 2012, but they have failed to stem the tide of violence against women across the country.

Therefore it is kind request please take appropriate action at earliest.



Thanking You,

Sincerely Yours,
Dr. Lenin Raghuvanshi
Founder and CEO
Peoples' Vigilance Committee on Human Rights
SA 4/2 A Daulatpur, Varanasi - 221002
Mobile No: +91-9935599333


Friday, July 5, 2019

Rejoinder: 30160/24/30/2017-AD

---------- Forwarded message ---------
From: PVCHR Communication <cfr.pvchr@gmail.com>
Date: Tue, Jun 18, 2019 at 11:43 AM
Subject: Rejoinder: 30160/24/30/2017-AD
To: cr.nhrc <cr.nhrc@nic.in>, NHRC <ionhrc@nic.in>, covdnhrc <covdnhrc@nic.in>, <member1.nhrc@nic.in>, <member2.nhrc@nic.in>, <chairnhrc@nic.in>
Cc: lenin <lenin@pvchr.asia>


To, 
The Chairperson 
National Human Rights Commission 
New Delhi


Dear Sir, 

Taking the reference of the case no.  30160/24/30/2017-AD registered in the Honorable Commission. In the case of extra- judicial killing of Sumit Gujjar District Magistrate Bagpat wrote to Home Secretary Section - 5 Uttar Pradesh Government, Lucknow  on dated 20th October, 2017 with letter no. 2270/J.A-2017/Misc and demanded for the appropriate direction in this matter for providing justice to the Sumit Gujjar Family.  Annexure no. 1 


It is noted that The Wire published intensive news reporting on the cases of the encounter in western Uttar Pradesh 

उत्तर प्रदेश में ‘एनकाउंटर राज’ पर उठते सवाल http://thewirehindi.com/38357/chronicle-crime-fiction-adityanaths-encounter-raj/  It is alarming situation in western Uttar Pradesh that one hand increase of extra- judicial killing and second hand increase in 17% of the crime. It shows the collapse of rule of law and new era of rule of lord based on unholy alliance of corrupt politicians, corrupt police office and corrupt of non state actors.  It is a dangerous way towards elimination of spirit of Indian Constitution. Hon'ble Commission  need to intervene more seriously with internal discussion with higher police officials and politician in Uttar Pradesh, 



Therefore it is a kind request please direct for the following demands 


1. To conduct an inquiry in this incident under section 176(1)A Cr.PC by a Judicial Magistrate

2. To provide compensation of one crore Ruppess  to family and file FIR against responsible police officials.

3. To provide security to the deceased Sumit Gujjar family members

Thanking You

Sincerely Yours 

Lenin Raghuvanshi
Convenor 

about case number 36209/24/54/2018-AFE (extra judicial killing of an innocent Muslim boy Irshad)

---------- Forwarded message ---------
From: PVCHR Communication <cfr.pvchr@gmail.com>
Date: Sat, Jun 22, 2019 at 2:55 PM
Subject: about case number 36209/24/54/2018-AFE (extra judicial killing of an innocent Muslim boy Irshad)
To: cr.nhrc <cr.nhrc@nic.in>, <chairnhrc@nic.in>, covdnhrc <covdnhrc@nic.in>, NHRC <ionhrc@nic.in>
Cc: lenin <lenin@pvchr.asia>


To,
The Chairperson
National Human Rights Commission
New Delhi

Sub:   about case number 36209/24/54/2018-AFE (extra judicial killing of an innocent Muslim boy Irshad)

  Sir,
I went to village Nangla of MuzaffarNagar district of Uttar Pradesh to meet with the family of deceased Irshad Ahmad who was killed in fake encounter on 28th November, 2018.  https://timesofindia.indiatimes.com/city/meerut/20-yr-old-with-no-crime-record-shot-dead-in-encounter/articleshow/66834516.cms
 I was unable to meet with Irshad father but had quite long discussion with the family members of Irshad and village head of Nagla.  I collected all facts and supportive documents related to the case.
I observed a very shocking fact that when mother of Irshad came out then everybody was silent.  When she left the place they started to talk about Irshad. I was curious and asked why we were silent when she came?  Than Irshad grandfather told that she lost her mental stability after hearing the extra- judicial killing of her son.  I asked for the doctor report and the diagnosis.
In her testimonies Irshad younger sister Saiba told that due to financial problem we were unable to continue her medical treatment. Now we are giving her medicine from the local shop only with out proper diagnosis. (Please find testimony of Saiba as attachment). Advice note of physician of treatment is also attached.
PVCHR with the support of United Nation Voluntary Fund for Victims of Torture provided medical support of 10,000 INR.
Hon’able Commission took suo- moto on the news reporting and issued notice to Chief Secretary and Director General of Police
PVCHR requests follows demands in spirit of India Constitution: 
1)     To conduct an inquiry in this incident under section 176(1)A Cr.PC by a Judicial Magistrate
2)     To order for compensation of 10 lakhs  Rupees  to family
3)    To order for the full medical treatment of deceased Irshad mother
4)    To provide security to the deceased Irshad family members

Thanking You

Sincerely Yours

Lenin Raghuvanshi
Convenor
Peoples’ Vigilance Committee on Human Rights 

petition to NHRC in 2019 (Jan - June)



Wednesday, June 19, 2019

in Case of Ramdhani Musahar

Case Details of File Number: 34623/24/72/2013
Diary No: 141306
Name of the Complainant: LENIN RAGHUVANSHI, SECRETARY GENERAL
Complainant Address: PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
Name of the Victim: RAMDHANI MUSAHAR
Place of Incident: VARANASI
Date of Incident: 01/01/1991
Action Taken:
These proceedings shall be read in continuation with earlier proceedings of the Commission. The matter rests thus. The case is related to the death of the labourer Ramdhani Musahar district Varanasi at Jaipur, Rajasthan. Case FIR No. 512/2013, PS: Badagaon Varanasi was registered and after completion of investigation, the chargesheet dated 24/11/2013 was filed in the Court. The case is pending for want of the report regarding the payment of financial assistance to the wife of the deceased labourer namely Smt. Bhyam Payari Musahar. The Commission in its proceedings dated 25/06/2018 had considered the matter and issued necessary directions to the District Magistrate, Varanasi and to Senior Superintendent of Police, Varanasi to take further necessary steps in this case. In response, Additional District Magistrate, Administration, Varanasi has submitted his report dated 29/06/2018. It is stated that an amount of Rs. 60,000/- has been sanctioned by the District Social Welfare Officer, Varanasi under the provisions of SC/SST POA Act to Smt. Bhyam Payari Musahar. The first instalment of Rs.15,000/- has been transferred to her bank account on 24/06/2018 through e-payment. The Commission has perused the record placed before it and considered the matter. It does appear that the investigation of the case had been concluded by the police authorities and the financial assistance under the relevant statutory provisions have been sanctioned to the next of kin of the deceased person in the present case. No further action is required at this stage in the case. Hence, this case is closed. LINK FILE NO. 36046/24/72/2013.
Status : Action Taken On 03/12/2018
Action Due Date: 03/12/2018

Petition to NHRC in case of assault of Journalist in Shamali,UP



Tuesday, May 28, 2019

Breaking culture of silence

Case Details of File Number: 514/33/12/2016-AR

 141994/CR/2016
 DR. LENIN RAGHUVANSHI, CEO
 PEOPLES VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA 4/2 A, DAULATPUR,
 A 25 YEARS OLD WOMAN
 PS. TENDUKONA
 17/08/2016
The matter rested thus when the petitioner had forwarded a newspaper report regarding rape with a woman at police station by the police officers. According to the newspaper, the victim has filed a complaint with SP Mahasumand and IG Raipur that on 17.08.2016 she has gone to the police station to lodge a report against her own husband, the clerk at the PS took his complaint and informs the in-charge of PS who directed him not to allow the victim to leave the station. At about 9 in the evening, the chowki in-charge along with one another person came at the PS and took her to a room where she was raped. In response, the IGP Headquarter, Raipur, vide communication dated 29.10.2016 had submitted that on the complaint of victim crime no. 93/2016 u/s 376B/34 IPC was registered. After investigation, accused Akesh Kumar Sinha s/o Nattar Kumar Sinha, r/o PS Bundali chowki, PS Tenukona and ASI Gajanath Sahu s/o Ram Ghulam Sahu were arrested and charge sheet had been submitted u/s 376(2)a(1) and 376B IPC on 17.10.2016 and now the matter is sub judice before the court. The Commission further considered the matter on 3.1.2018 when it observed and directed as under:- “It is clear from the material placed on record that victim was raped at the police station by a public servant and thereby violated the human rights of the victim Smt. Kamla. Commission therefore directs to issue notice u/s 18(a)(i) of PHR Act 1993 to the Chief Secretary, Government of Chhattisgarh, to file response why the Commission should not recommend monetary compensation to be paid to the victim Smt. Kamla for violation of her human rights by public servants. Response be filed in eight weeks.” In response, the Assistant Inspector General of Police, PHQ, Chhattisgarh, Raipur vide his communication dated 22.3.2018 has submitted that the victim was being paid compensation by district administration Mahasamund through District Legal Service Authority. Further the Addl. Director General of Police, PHQ, Raipur, Chhattisgarh vide his communication dated 14.6.2018 has submitted that the case has ended into conviction and the delinquent police officer has compulsorily been retired from service. The victim is free to apply under victim compensation scheme and that there was no need to grant separate financial relief to the victim. The Commission has considered the matter. It is an admitted fact the victim who wanted to lodge a complaint at the police station was rather raped. The incident is sad, shocking and disturbing in a society governed by rule of law. Human rights of the hapless and helpless victim have thus been violated by the public servant and the State is vicariously liable to compensate the victim. The reply to the ‘show cause notice’ is not based on merits. In these circumstances, an amount of Rs. 2,00,000 /- (Rupees Two Lakhs only) is recommended to be paid to the victim. The Chief Secretary, Government of Chhattisgarh is directed to submit the compliance report together with proof of payment within a period of 6 weeks. A Notice be also sent to the District Magistrate and Superintendent of Police, Mahasamud, Chhattisgarh calling upon them to submit the details of payment made to the victim under victim compensation scheme and through District Legal Service Authority besides benefits extended to her under social welfare schemes within a period of 4 weeks.
 Action Taken On 12/11/2018
 23/12/2018

Honorable Commission order. We filed the case in same matter in NHRC 422/36/7/2015-AD

Case Details of File Number: 324/36/7/2015-AD
Diary No: 61329
Name of the Complainant: SUO-MOTU " THE HINDU DATED 07.04.2015"
Complainant Address: CAPTIONED " FIVE UNDER TRIAL MILLITANTS SHOD DEAD IN NALGONDA"
Name of the Victim: VIQAR AHMED, SYED AMJAD, ZAKIR AND OTHERS
Place of Incident: ALER
Date of Incident: 07/04/2015
Action Taken:
In the instant case the Commission vide its proceedings dated 28.06.18 inter alia observed and directed as under :- “………..Commission has considered the reply to the show cause notice and rejects the same. The reasons for issuing a show cause notice were elaborated in our proceedings dated 13.12.2017. The reasons for which the State Government has objected to the payment of monetary compensation to the NoK of the five deceased persons had already been considered by the Commission vide aforesaid proceedings dated 13.12.2017and we find that no satisfactory explanation has been offered for the issues on which the show cause notice was based. The Commission does not consider it appropriate to wait for the SIT to complete its investigation or the High Court to decide the writ petition pending before it. Hence, we recommend to the Chief Secretary, Govt. of Telangana to pay a sum of Rs.Five Lakhs as monetary compensation to each of the five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd Haneef, Mohd Zakeer and Vikaruddin Ahmed and submit the compliance report along with proof of payment within six weeks.” In response to the directions of the Commission, the Chief Secretary to the Govt. of Telangana, General Admn., SP(L&O) Department vide communication dated 04.08.18 has informed that under trial prisoners were involved in the terrorist activities. It has been further informed that as per the available evidence, the escort police persons have opened the fire while on escort duty, to protect their lives and to prevent the escape of hardcore terrorist from lawful custody. Any relief/monetary compensation to the next of kin of such hardcore terrorists not only sets an undesirable precedent but also would encourage such minded persons, as the five under trial prisoners were transported to Central Prison in pursuance of the directions of the Hon’ble Session Judge and as such there was no foul play on the part of escort police. A request has been made re-consider the decision and to drop the recommendations for payment of monetary compensation of Rs. Five Lakhs to the NoK of the five under trial militants shot dead in Nalgonda. The Commission has considered the material placed on record and is of the view that the above explanation offered is not acceptable. The Commission, therefore rejects the request of the State Govt. for re-consideration of the recommendation for the reasons mentioned in the proceedings dated 13.12.17 and reiterates its earlier recommendation to the Govt. of Telangana to pay a sum of Rs. Five Lakhs as monetary compensation to NoK of each of five deceased persons namely Izhar Khan, Syed Amjad Ali Mohd. Haneef, Mohd. Zakeer and Vikaruddin Ahmed. The Chief Secretary, Govt. of Telangana to submit compliance report along with proof of payment within four weeks. Put up after four weeks.
Status : Action Taken On 12/09/2018
Action Due Date: 08/11/2018

Thursday, May 23, 2019

compensation in the case of sexual assault

Case Details of File Number: 22579/24/55/2014-WC
Diary No: 96659
Name of the Complainant: LENIN RAGHUVANSHI
Complainant Address: R/O SECRETARY PVCHR
Name of the Victim: GIRL
Place of Incident: KAUDIA KHURD
Date of Incident: 01/01/1991
Action Taken:
These proceedings should be read in continuation of the earlier proceedings of the Commission dated 14.9.2018. The matter related to the sexual assault of a victim by some miscreants and failure of the Police to take necessary action as per law. The Police rather allegedly detained the family members of the victim in the Police station and forced them to make a compromise with the miscreants at the instance of a local political leader. Even though the victim belonged to a Dalit community but no action was taken under the provisions of SC/ST POA Act, 1989. Pursuant to the directions of the Commission, a report dated 31.10.2018 was received from the SP, Crime Branch, U.P. along with a report dated 24.9.2018 by the Additional SP, City, Nodal Officer, Mirzapur. The substance of the report was that after further investigation in the matter, the offence u/s 3(1)(11) was incorporated along with Section 354 (A) IPC and after investigation, the I.O. submitted charge sheet in the Court against the miscreants vide Nos. 73 dated 9.6.2014 and 17 (3)(a) dated 4.1.2015. It was reported that the victim was paid statutory assistance of Rs.60,000/- and the amounts were credited to her bank account No.50560100003627 of Bank of Baroda.. The Commission carefully considered the materials on record and took note of the facts and circumstances of the case. The allegations made by the complainant seemed to have been duly acted upon by the local Police and necessary action was taken as per law. Let a copy of the report dated 31.10.2018 be transmitted to the complainant for his comments, if any, within six weeks positively, failing which the Commission might proceed with the case on merits.
Status : Action Taken On 01/01/2019
Action Due Date: 23/02/2019