INDIA: Eight people arbitrarily re-arrested and tortured by the Newasa police despite the court’s release orders 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-15-2005
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two men named Rajendra (Raju) Kale and Anna Lashkare, along with six other persons, were inhumanely tortured on 7 November 2004 by the Newasa police in Ahmednagar District, Maharashtra, India.

Eight people including Raju and Anna were arrested by the Newasa Police on 17 October 2004 after a quarrel during celebrations following election results in Ahmednagar. Though they were subsequently released on November 7 by the Newasa court, the Newasa police once again took them into their custody soon after. Inspector Ashok Tekane and head constables, Avhad and Khedkar, then brutally beat them causing severe injury. However, the Newasa police did not take Raju Kale and the seven others to the hospital immediately, despite requests from their lawyers to do so.

Though the District Superintendent of Police, Ahmednagar, said that action would be taken against the concerned police officers, nothing has been done as yet. The AHRC therefore urges you to intervene into this matter immediately. Please urge the local authorities to have an independent inquiry conducted into this matter, so that an impartial investigation can be ensured. Please also ask that the alleged perpetrators be punished accordkingly, and that the victims are compensated.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————-

DETAILED INFORMATION:

Name of victims:
1. Rajendra (Raju) Kale, an auto rickshaw driver, around 22 years old; His address is Rickshaw Drivers Union, Opposite Newasa bus stand, Newasa Tal, Ahmednagar District, Maharashtra
2. Anna Lashkare, 3) Six other unidentified persons
Place of incident: Newasa Police Station in Newasa Taluka, Ahmednagar District, Maharashtra, India
Alleged perpetrators:
1. Ashok Tekane, Police Inspector of the Newasa Police Station
2. Avhad, Head Constable of the Newasa Police Station
3. Khedkar, Head Constable of the Newasa Police Station
Date of illegal arrest and torture: 7 November 2004
Case status: No action against the alleged perpetrators despite the assurance of District Superintendent of Police, Ahmednagar

Case details:

On 17 October 2004, Rajendra (Raju) Kale, Anna Lashkare, and six others were arrested by the Newasa police following a quarrel which broke out while they were celebrating election results in Ahmednagar District, Maharashtra, India. Though they were released on November 7 by the orders of Newasa court, the Newasa police re-arrested and took them into their custody soon after. They were then severely tortured by Inspector Ashok Tekane and head constables, Avhad and Khedkar, at the Newasa Police Station. The police did not provide any medical treatment to Raju and the others, who were seriously injured due to torture, despite requests by their lawyers together with the victims’ relatives. The victims were taken to a rural hospital in Newaasa only after the District Superintendent of Police, Ahmednagar, intervened in this matter. The police framed petty charges against the victims before releasing them.

It is alleged that this incident took place because Raju is an active member of the opposition party in the Maharashtra state and therefore incurred the wrath of ruling party members. There was tension in the town after the incident and around 500 people held a protest against the inhumane police torture on November 11. Raju and Anna have filed complaints against the three policemen regarding their torture and an inquiry is going on. However, up to now no legal/disciplinary action has been taken against those responsible, despite assurances by the District Superintendent of Police.

This is yet another example of the urgent need for the ratification of the International Convention against Torture (CAT) and its implement action out the domestic level by the Government of India. The Government of India must take strong and realistic action to eliminate torture that has been customized in the police stations in the country for a long time.   ?lt;br />

SUGGESTED ACTION:
Please send a letter to the Chief Minister of Maharashtra asking him to order a thorough and impartial investigation into this incident by an independent investigating body. Please also send a copy of the letter to the relevant local authorities listed below.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear Shri Vilasrao Deshmukh,

Re: INDIA: Eight people arbitrarily re-arrested and tortured by the Newasa police despite the court's release orders

Name of victims: 
1. Rajendra (Raju) Kale, an auto rickshaw driver, around 22 years old; His address is Rickshaw Drivers Union, Opposite Newasa bus stand, Newasa Tal, Ahmednagar District, Maharashtra
2. Anna Lashkare, 3) Six other unidentified persons
Place of incident: Newasa Police Station in Newasa Taluka, Ahmednagar District, Maharashtra, India
Alleged perpetrators:
1. Ashok Tekane, Police Inspector of the Newasa Police Station
2. Avhad, Head Constable of the Newasa Police Station
3. Khedkar, Head Constable of the Newasa Police Station
Date of illegal arrest and torture: 7 November 2004
Case status: No action against the alleged perpetrators despite the assurance of District Superintendent of Police, Ahmednagar

I am greatly grieved to once again hear of a torture case involving police brutality which took place in Maharashtra, India. 

According to the information I have received, Rajendra (Raju) Kale, Anna Lashkare and six other persons were arbitrarily re-arrested by the Newasa police in Ahmednagar District, Maharashtra on 7 November 2004 soon after their release by the court orders, and brutally tortured at the police station by three police officers mentioned above. These eight people had been previously arrested by the Newasa police on 17 October 2004 due to their involvement in a quarrel following election celebrations. 

I have been also informed that the Newasa police did not provide timely medical attention to the victims, who were severely injured due to torture, despite their lawyers' urgent request. The police allowed them to be taken to a nearby hospital only after the intervention of the District Superintendent of Police, Ahmednagar. The police charged the victims before releasing them. Raju Kale and Anna Lashkare have filed a complaint against the concerned three police officers, but no serious action has been taken against them to date.

I urge you to look into this matter immediately so that urgent action is taken against the alleged perpetrators. For this purpose, I request you to hand over the inquiry into this case, which is currently being handled by the local police, to an independent investigating agency in the state police department to ensure a fair, impartial and through investigation. I also urge you to take necessary steps so that the victim receives appropriate relief funds from the district administration to meet his immediate medical needs. To ensure that such abuses do not continue, it is imperative for you to pressure the Government of India to ratify the International Convention against Torture (CAT) and implement it domestically. 

Yours sincerely, 


--------------------


PLEASE SEND A LETTER TO:

Shri Vilasrao Deshmukh 
Chief Minister of Maharashtra 
Office of the Chief Minister 
Mantralaya 
Mumbai 400 032 
Maharashtra 
INDIA 
Tel: +91 22 2202 5151 or 5222
Fax: + 91 22 2202 9214 
E-mail: chiefminister@maharashtra.gov.in

PLEASE SEND COPIES TO:

1. Director General of Police
State Police Headquarters 
Old Council Hall, Opp Regal Cinema 
SB Marg, Mumbai 400 039 
INDIA
Tel: +91 22 22026672
Fax: +91 22 22026566 / 22813334

2. Justice Shri Arivind Sawant 
Chairperson 
Maharashtra State Human Rights Commission 
Mumbai ?lt;br />INDIA 
FAX No. 91 22-2885858 

3. Shri Justice A. S. Anand
Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg 
New Delhi-110001
INDIA
Tel: +91 11 23074448
Fax: +91 11 2334 0016
E-mail: mailto:chairnhrc@nic.in

4. Shri Shivraj Patil
Minister of Home Affairs
Griha Mantralaya Room No. 104
North Block, Central Secretariat
New Delhi 110001
INDIA
Tel: +91 11 23092011, 23092161  ?lt;br />Fax: +91 11 2301 5750, 2309 3750, 2309 2763 

5. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Mr. Safir Syed
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (general)


Thank you. 

Urgent Appeals Programme 
Asian Human Rights Commission
Document Type : Urgent Appeal Case
Document ID : UA-15-2005
Countries : India,
Issues : Torture,