Breaking culture of silence

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

Justice in the case of custodial death

Case Details of File Number: 19039/24/22/2013-AD

Diary No: 79069/CR/2013

Name of the Complainant: DR.LENIN RAGHUVANSHI, SECRETARY GENERAL

Complainant Address: PEOPLE VIGILANCE COMMITTEE ON HUMAN RIGHTS, SA4/2 A, DAULAT PUR

Name of the Victim: BALVIR

Place of Incident: PS.AWAGARH

Date of Incident: 01/01/1991

Action Taken: This case pertains to custodial death of UTP Balveer (25 years of age) on 17.5.2013 under the judicial custody of District Jail, Etah. This case was registered on intimation from the District Jail, Etah, UP. A case No. 18076/24/22/2013-AD was registered on the complaint of Secretary, International Human Rights Nigrani Parisad, New Delhi and was linked to above case. The complainant in this complaint has alleged torture by the police to the deceased. It is also alleged that the Police Officer Shailender and one Constable injected Petrol into the very sensitive parts of the body of the deceased and he was also placed over hot Tawa. Another Cases No. 18072/24/22/2013-AD, 19386/24/22/2013-AD and 19039/24/22/2013-AD were also registered on the same incident on the complaint of different NGOs. These cases were linked with the Case No. 18034/24/22/2013-JCD. The Commission took cognizance on 27.5.2013 on the incident. The Commission directed DM, Etah, SP, Etah and Superintendent, District Jail, Etah, to submit requisite reports. Pursuant to the directions of the Commission, the authorities have submitted a detailed report, Health Screening Report, Inquest Report, Treatment Record, Post-Mortem Report and CD of Post-Mortem and the Magisterial Enquiry Report. The detailed report dated 24.7.2013 submitted by the Superintendent, District Jail, Etah reveals that the deceased Balveer Singh S/o Har Prasad was admitted to the Jail on 25.4.2013. The Health Screening at the time of admission to the Jail indicated that besides multiple scabbed abrasion, burn injury were also seen around his anus. The deceased was treated in the Jail Hospital; District Hospital, Etah; SGPG Lucknow; and KGMC Lucknow, from 25.4.2013 to 17.5.2013, for multiple scabbed abrasions of different size, pain and inflammation around anus. He expired on 17.5.2013 while undergoing treatment. The Inquest Report reveals blunt injury on chest. Blood oozing from nose and mouth; and his right leg ankle had swelling. The Post-Mortem Report indicated no ante mortem injury, clotted blood present on both nostrils and mouth. The cause of death was opined to be, “Septicaemic shock due to chronic lung and kidney disease”. The deceased died in GM & Associate Hospital, Lucknow on 17.5.2013 and the doctors of GMAH opined that the deceased Balveer died of, “blunt injury chest, abdomen and wound in perineal region and cardio respiratory failure”. The Video CD of Post-Mortem has also shown (a) a cut mark injury on right cheek; (b) burn injury on the right knee; and (c) burn injuries on both buttock and anal region. The report from SHO/Inspector K.K. Mishra of PS Awagarh, District Etah dated 6.8.2017 reveals that the name of the deceased Balveer and five others came to light in case vide Crime No. 102/13 u/s 306 IPC, PS Awagarh (during investigation Section 302/201/120-B IPC were added to the case). He was arrested alongwith other accused on 24.4.2013. Balveer, died on 17.5.2013 during the treatment in the hospital. Hence, Charge Sheet No. 164 has been filed before the Court on 20.11.2013 against the other accused. The police report further reveals that accused Balveer S/o Har Prasad (deceased) was tortured by SI Shailender Kumar and Home Guard Nirmal Kumar and one other. Consequently, a Case No. 129/13 u/s 326/331 IPC, PS Awagarh was registered against the above named police officers on 16.5.2013. Further, SI Shailender Kumar was suspended by SP, Etah on 16.5.2013. It is further stated that Final Report No. 25 has been submitted before the appropriate Court of Law in this matter on 24.2.2014. The magisterial enquiry was conducted by CJM, Etah, UP. The Enquiry Magistrate examined the relevant records, statements of witnesses and relatives of the deceased Balveer. Mother, father and wife of the deceased stated before the Enquiry Magistrate that Balveer was a T.B. patient before admission in the Jail. He was taking medicines from Agra for the disease. One day he fell down from a tractor. He died due to illness. Further, the sister-in-law of the deceased has alleged that Balveer died due to police beating. She has alleged that Mr. Pandey, one ‘Daroga’ had beaten Balveer. The Jail doctor has stated before the Enquiry Magistrate that there were two injuries on the buttock of Balveer (one 7x2 cms and second 1.5x2 cms) and these injuries were 2-3 days old. There were burn injuries on the anal region of the deceased. The Enquiry Magistrate concluded that no foul play was suspected in the death of the deceased. He died a natural death of Septicaemic shock due to chronic lung and kidney disease. The Commission perused the record and observed that as per Health Screening Report at the time of admission to the Jail, Balveer (the deceased) was having multiple scabbed abrasion and burn injuries around anus. The Post-Mortem Examination Report though stated that there were no ante mortem injury, but, it has indicated that there was clotted blood on the nose and mouth of the deceased. Further, the Jail doctor also stated that the deceased had injuries at the time of admission to the Jail which were 2-3 days old. This creates suspicion that the deceased sustained these injuries in the police custody. In this regard the police inquired the matter and a case vide Crime No. 129/13 u/s 326/331 IPC, PS Awagarh was registered against SI Shailender Kumar, Home Guard Nirmal Kumar and one other Home Guard. However, FR No. 25 dated 24.2.2014 has been filed before the Court. The Commission further observed that as per the family members of the deceased, he was suffering from T.B. before admission to the Jail but from record it is clear that no treatment for tuberculosis was given to him during his jail term. Further, as per the doctors of KGMC, Lucknow, the cause of death of the deceased Balveer was opined to be “blunt injury chest, abdomen and wound in perineal region and cardio respiratory failure”. Whereas the Post-Mortem Examination Report reveals no ante mortem injury on the body of the deceased. Further, the video CD of Post-Mortem Examination of the deceased reveals burn injury on the right knee, both buttock and perineal region. The right cheek was having a cut mark injury. Due to these stark inconsistencies, the Commission is of the view that cause of death given in the Post-Mortem Examination Report is not reliable. Further, the treatment records of the deceased corroborated the allegation of torture before admission in the Jail and there is strong possibility that the deceased was kept in the illegal confinement before he was arrested by the police on 24.4.2014 and the torture prima facie appears to have been inflicted upon him during his illegal confinement. In a grave case like murder for which the deceased was arrested, the police did not seek or get police remand. This indicates that the deceased had been kept in illegal confinement by the police and had already been interrogated. Further, in view of the seriousness of the injuries inflicted on him in custody, police did not want to take him in custody. The extent and nature of injuries are such that it strongly suggests that the deceased was tortured over a few days. Since this is a case of custodial death, therefore, the file be placed before the Division Bench for consideration.

Status : Action Taken On 12/09/2017

Action Due Date: 18/11/2017

2 Lakh has been paid to NoK of the deceased victim and departmental action has also been taken against 3 delinquent Electricity Department personnel.

---------- Forwarded message ---------
From:  <minority.pvchr@gmail.com>
Date: Thu, May 23, 2019 at 1:48 PM
Subject: Fwd: उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में
To: upendra <pvchr.adv@gmail.com>, pvchr.india <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>, shabana <shabana@pvchr.asia>

Case Details of File Number: 32927/24/72/2016

Diary No: 145824/CR/2016

Name of the Complainant: DR. LENIN RAGHUVANSHI, CEO

Complainant Address: MANAVADHIKAR JAN NIGRANI SAMITI, C-4/2 A, DAULATPUR,

Name of the Victim: SHIV KUMAR

Place of Incident: NAGWAN

Date of Incident: 25/08/2016

Action Taken: The complainant alleges that victim died due to electrocution because of negligence of officials of Electricity Department. No action has been taken against the culprits and no compensation has been provided to Nok of deceased victim. The complainant seeks intervention of the Commission in the matter. Vide last proceedings dated 05.11.2018, the Commission had observed that already a compensation of Rs. 2 Lakh has been paid to NoK of the deceased victim and departmental action has also been taken against 3 delinquent Electricity Department personnel. However no report has been received from SSP Varanasi regarding the criminal case registered in the matter. Hence Commission had issued the notice to SSP Varanasi for sending the details of legal action taken in the matter; further copy of report was sent to the complainant for comments. In response SSP Varanasi vide report dated 31.12.2018 has inform the Commission that in the matter no criminal case has been registered, as wife of victim stated in writing that she don’t want any legal action. The Commission has considered the material placed on record. The case is closed, inform the complainant accordingly.

Status : Action Taken On 16/05/2019

Action Due Date: 22/05/2019

---------- Forwarded message ---------
From <minority.pvchr@gmail.com>
Date: Mon, Aug 29, 2016 at 10:49 AM
Subject: उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में
To: covdnhrc <covdnhrc@nic.in>, ionhrc <ionhrc@nic.in>, jrlawnhrc <jrlawnhrc@hub.nic.in>, Section Officer SB-2 NHRC <so7.nhrc@nic.in>, <registrar-nhrc@nic.in>
Cc: Lenin Raghuvanshi <pvchr.india@gmail.com>, Dr. Lenin Raghuvanshi <lenin@pvchr.asia>

सेवा में,                                  29 अगस्त, 2016

श्रीमान अध्यक्ष महोदय,

राष्ट्रीय मानवाधिकार आयोग,

नई दिल्ली |

विषय : उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र में विधुत विभाग की लापरवाही से करेंट लगने से युवक की हुई मौत के लिए मुआवजा के सन्दर्भ में |

महोदय,

      आपका ध्यान 25 अगस्त, 2016 के दैनिक समाचार पत्र “अमर उजाला” के इस खबर “पानी में करेंट उतारा, युवक की मौत” की ओर आकृष्ट कराना चाहता हूँ | उत्तर प्रदेश के वाराणसी जिले के नगवा क्षेत्र के निवासी शिवकुमार की मौत बिजली के जर्जर तार के टूटने से करेंट लगने से हो गयी |

      अतः आपसे अनुरोध है कि कृपया मृतक के परिवार के जीवन यापन व मृतक की आकस्मिक मौत के लिए उनके परिजनों को एक लाख रुपये (रुपये 100000/-) मुआवजा दिलाने की कृपा करे |

संलग्नक :

1. 25 अगस्त, 2016 के अमर उजाला अखबर में प्रकाशित खबर की प्रति |

भवदीय

डा0 लेनिन रघुवंशी

सीईओ

मानवाधिकार जननिगरानी समिति

सा 4/2 ए दौलतपुर, वाराणसी

+91-9935599333

Email:  minority.pvchr@gmail.com
Website: www.pvchr.asia 
Blog: www.pvchr.net, www.testimonialtherapy.org

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Faking encounter? Noida cop shoots at gym trainer

---------- Forwarded message ---------
From: PVCHR Communication <cfr.pvchr@gmail.com>
Date: Mon, Feb 5, 2018 at 11:49 AM
Subject: Faking encounter? Noida cop shoots at gym trainer
To: <cr.nhrc@nic.in>, covdnhrc <covdnhrc@nic.in>
Cc: lenin <lenin@pvchr.asia>

To,

The Chairperson

National Human Rights Commission

New Delhi

Dear Sir,

I want to bring in your kind attention towards the news published Times of India newspaper on 5th February, 2018 regarding Faking encounter? Noida cop shoots at gym trainer https://timesofindia.indiatimes.com/city/noida/faking-encounter-noida-cop-shoots-at-gym-trainer/articleshow/62782434.cms

Therefore it is kind request 

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

 

Thanking You


Sincerely Yours

Lenin Raghuvanshi

Founder and CEO

Peoples' Vigilance Committee on Human Rights

Email: pvchr.india@gmail.com

Faking encounter? Noida cop shoots at gym trainer

TNN | Updated: Feb 5, 2018, 04:59 IST

3

HIGHLIGHTS

·         A 25-year-old gym traineron Saturday was shot at by a sub-inspector after an argument.

·         The cop, Vijay Darshan, was arrested on Sunday and three others suspended.

·         The victim, Jitendra Yadav, is battling for life in hospital.

·         Noida police denied receiving any message about an encounter on its wireless frequency from Darshan.

NOIDA: In the middle of an outbreak of police encounters across Uttar Pradesh — 22 in the past four days — a 25-year-old gym trainer who had stopped for a pizza at a roadside outlet in Noida on Saturday night was shot and critically injured by a sub-inspector after an argument.
The cop, Vijay Darshan, was arrested on Sunday and three others suspended. The victim, Jitendra Yadav, is battling for life in hospital.

Four eyewitnesses to the "unprovoked" attack — all returning with Jitendra from his cousin's engagement — said the victim was bundled into the backseat of his Scorpio by Darshan, who pulled out his service revolver and fired at his throat in cold blood around 9.30pm. The witnesses said Darshan and another cop, Narendra, drove away in the Scorpio with a bleeding Jitendra.

They arrived with the victim 90 minutes later at Fortis hospital (Sector 62), barely 7km from the shooting scene.

Noida 'encounter' to get out-of-turn promotion?

Jitendra was admitted at Fortis in a critical condition. A doctor said the bullet got lodged in the youth's backbone. "We have performed the surgery.

The patient is in ICU but his condition is critical," the doctor told TOI on Sunday evening. For a police force that has openly stated its intention to fight crime through 'encounters', a line endorsed by the CM himself, the Noida shooting showed how the strategy could blow up in its face. It also confirmed the worst fears, of cops misusing it and treating it as a licence to settle scores.

One of the witnesses to Jitendra's shooting, his friend Gautam Sardar, said Darshan had called someone on his cellphone immediately after firing the shot to say that an encounter had taken place, and remarked to his colleague, Narendra, that the "encounter" would earn him an "out-of-turn promotion".

The SUV in which the victim, Jitendra Yadav (inset), was shot at.

Noida police denied receiving any message about an encounter on its wireless frequency from Darshan, a 30-year-old trainee sub-inspector who is from Mathura and has been in the city for just three months.

Officials said they got to know of the episode only when the four people who were with Jitendra — friends Gautam and Suneel Jat, uncle Kripal Yadav and Dharmendra — reported the shooting at Parthala police post.

Police also refused to term the shooting an encounter. At a press conference called on Sunday afternoon under mounting criticism and a huge protest in front of the hospital, Noida SSP Love Kumar said Jitendra's brother Dharmendra, who was also present during the shooting, and Darshan were known to each other.

Though the SSP offered no other information, Jitendra's family members they owned some shops, which they had rented out, in the local market and that cops had visited the shops in January to extort money from traders.

Dharmendra and Jitendra had confronted the cops and refused to pay, they claimed. But Dharmedra had not seen this coming — he claimed he had a "cordial" interaction with Darshan on January 26 when he gave him a lift to the Republic Day parade in Noida.

A case of attempt to murder and robbery (Jitendra's bracelet and gold chain are missing) has been filed against Darshan, who was on Sunday sent to judicial custody. The three other cops — constables Sanjay Tamta and Pankaj Singh and Narendra, also a trainee SI — have been suspended and their role is being investigated. All the cops have been booked under the same charges.

The witnesses told police they had stopped for a pizza while on the way to drop Suneel and Gautam after attending Kripal's daughter Mona's engagement function. Jitendra was driving. A few minutes later, Darshan and the other cops drove up in a police Vitara Brezza.

They were apparently responding to a complaint from the neighbourhood that Jitendra and the others were playing loud music in the Scorpio. Darshan was in plain clothes. "They started thrashing us without reason.

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Darshan forced Jitendra to leave the steering and take the back seat," Dharmendra said. Darshan then took the driving seat while Narendra sat in the rear.

Jitendra protested, and that angered Darshan. "Darshan took out a revolver and thought for a moment. He then loaded it, turned back, and shot Jitendra from pointblank range," said Gautam.

TOP COMMENT

Great work is being done by Modi and Yogi.. As they are expert in killing innicents.. Shame on such a govt.Zulfiquar Ahmed Khan

Suneel said he was in the back seat when Darshan shot Jitendra, and the cops had centrally locked the doors of the SUV to ensure no one escaped. He said he smashed a window pane to escape. At the press conference, Love Kumar said, "No wireless message was flashed about the encounter. Other police personnel informed us that sub-inspector Darshan had shot a person. We have seized his licenced pistol."

Noida MLA Pankaj Singh, and MP and Union minister Mahesh Sharma also visited the hospital and said a fair probe would be carried out into the shooting.