Home / News / Urgent Appeals / INDIA: Magistrate assaults journalists at police station
 

INDIA: Magistrate assaults journalists at police station

December 13, 2007

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION-URGENT APPEAL PROGRAM

Urgent Appeal

13 December 2007
------------------------------------------------------
UA-340-2007: INDIA: Magistrate assaults journalists at police station

INDIA: Torture and inhuman treatment; corruption; freedom of expression and opinion; corruption
------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the People's Vigilance Committee on Human Rights (PVCHR) regarding the executive magistrate in Varanasi district of Uttar Pradesh assaulting journalists. It is reported that magistrate D. P. Singh assaulted the journalists at the Cantonment Police Station, along with police officers. The officer assaulted the journalists along with other police officers who were also present at the station.

CASE DETAILS:

It is reported that on 26 November at about 8:00pm some journalists went to the Varanasi Cantonment Police Station to lodge a complaint against a case of assault upon the journalists. The journalists were assaulted by armed men employed by a Member of the Legislative Assembly Mr. Sher Bahadur. After the attack the journalists contacted the Cantonment Police Station for help but the police refused to intervene. It was to report this in writing and also as a protest of the police inaction that the journalists had reported to the police station.

At the police station they met the Senior Superintendent of Police (SSP) and the Additional District Magistrate (ADM) who had also gone to the police station. Senior journalists who discussed the grievances of their subordinate officers were assured by the ADM and SSP that appropriate action would be taken in their case. As the superior officers and the senior journalists left the station, the Station Officer (SO) Mr. Sansar Singh and a Subordinate Magistrate (Upper Nagar Magistrate) Mr. D. P. Singh called in the officers of the Provincial Armed Core (PAC) who were standing by near the police station premises and physically attacked the junior journalists who were still inside the station premises.

Several persons were injured in the incident. Among those who were injured in the incident is Mr. Nimesh, [picture 1] a journalist working with Sahara Media. Nimesh had been at the police station along with his superior officer to report the protest. Nimesh who is also physically disabled from an earlier injury several years before was inside the chambers of the S O along with two other journalists, Mr. Girish Dube working for the ANI and Mr. Binod Bagi when the Magistrate and the S O spotted them. The police officer and the Magistrate assaulted them and threw them towards the PAC officers who they ordered to continue the assault. Please find below the statement given by Nimesh about the incident. This statement was recorded on 12 December 2007 at Nimesh’s residence where he is now undergoing treatment for the head and leg injury that he suffered in the incident.

Statement given by Mr. Nimesh Rai:

My name is Nimesh. I am 32 years old and I am a journalist working for Sahara Media. On 26 November 2007 I was informed that there is a protest in the town organised by the scribes against the assault upon some of our colleagues. I was requested to cover the incident. On my way to the place I was informed that the protestors were attacked by the police and that several of my colleagues were taken to the Cantonment Police Station. Hearing this I went to the police station on my scooter.

Once at the police station, I did not enter the building immediately since I thought that I should keep away from any trouble, in case the situation went wrong. I had also seen a group of Provincial Armed Core (PAC) officers had also been summoned to the station. The Additional District Magistrate (ADM) Mr. Indra Vikram Singh and the  Superintendent of Police (SSP) Mr. Rajeev Malhotra  were also present in the station and they were discussing the matter with some of our senior colleagues. Soon the ADM and the SP left the station and also did some of our senior colleagues.

Once the superior officers left, the Station House Officer(SHO) Mr. Indrajeet Chdurwedi was seen going to the place where some of my colleagues were writing petitions. There I saw Mr. Chdurwedi verbally abusing my colleagues. At this one of my colleagues asked the officer why he need to behave like this. At that time the  Magistrate Mr. D. P. Singh shouted at the PAC officers saying that the scribes should be treated in such a way that they will not in any near future forget what would happen if they played with the administration and the police. Mr. Singh was wearing a jogging trouser. Mr. Singh also shouted that the scribes have disturbed his evening with their protests and complaints.

Soon the PAC started charging my colleagues inside the police station. Fearing that I will also be assaulted and knowing that due to my physical incapacity I will not be able to run away, I took shelter in the room of the SO. But soon the SO Mr. Sansar Singh and the Magistrate Mr. D. P. Singh came into the room. I was not alone in the room at that time. Mr. Girish Dube of the ANI and Mr. Binod Bagi, another journalist was present inside the room. The Magistrate then asked who we were, for which we answered that we are also journalists. At this the Magistrate slapped Girish and Bagi. Then the police officer Mr. Sansar Singh threw them into the hands of the PAC who were by then assaulting my other colleagues who were at the station.

Then the Magistrate approached me and repeated the same question. I replied that I am also a journalist. The Magistrate hearing this slapped me and threw me also towards the PAC officers. They started assaulting me. In the meanwhile I also saw the Magistrate picking up a stick and beating my colleagues. Soon I fell down. Somebody had hit me on my right leg, and I could not bear the pain. Suddenly somebody beat me on my head with a stick. I lost consciousness.

Later I was taken to the government hospital in the city where the doctors refused to provide any medical treatment. We were taken to the hospital in a police vehicle. The Magistrate and other police officers also by then had arrived at the hospital. I could see that the officers were instructing the medical officers regarding what they should enter in the medical records. Since no proper attention was given to me I started crying and pleaded to the officers and the medical staff to take me to the Banaras Hindu Hospital (BHU). I was taken to the BHU where a CT scan was done. I had suffered injuries on my head which was treated with six stitches. My leg was also bandaged. I was returned home with the advice to take rest for the next three weeks.

Now I am aware that the police have registered a false case against me and seven other persons. I am informed that the charges vary from interfering in police business to attacking the police station in an attempt to steal weapons and cartridges. Mr. Rajesh Gupta - my senior colleague, Mr. Ajay Mishra of ZeeNews, Mr. Garuv Mishra, Mr. Abyudey, Mr. Bidhu Shekar and Mr. Sameer working for Ajtak TV and one passerby Mr. Dinesh Misra are charged along with me in this case. I am aware that Mr. Dinesh Misra had in fact come to attend a function in a house near the police station. He was assaulted by the police even though he was not inside the police station compound. It seems since the police had fabricated a false charge against us, they had charge sheeted everyone who were injured and admitted in the hospital. So far, to my information, nobody has registered any case against the officers who assaulted us. It appears that the district administration is conniving with the Member of the Legislative Assembly, who also happens to be the member of the ruling party of the state.

Nimesh Rai
Varanasi
12 December 2007

The local police in India are notorious for breaching the law and often resort to inhuman behavior. That is pretty much their character and everyone in India is aware of it. However, in this incident, a quasi judicial officer who has disciplinary authority over the police also beat the journalists inside the police station with a stick. It is clear from the incident that the assault upon the journalists was with the connivance of other superior officers in the district.

This incident must be a shame to the superior officers in the district and a blot upon the state administration that allows such injustice to happen. The action of the Magistrate, which was nothing less than that of a street rowdy, is condemnable and immediate action must be initiated against him and the other officers. The incident was reported in national media but no action whatsoever has been initiated against the officers so far and they still continue in office. Such incidents shame, not only to the state administration, but also the government of India and calls for urgent intervention, particularly during these days when India’s human rights records and commitments are being reviewed by the UN Human Rights Council in Geneva.

SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern about the incident and calling for an urgent intervention in the case. The AHRC is writing a separate letter to the UN Rapporteur on Freedom of Expression and Opinion Mr. Ambeyi LIGABO calling for an intervention in this case.

To support this appeal, please click:

Sample letter:

Ms. Mayawati
Chief Minister
Chief Minister's Secretariat, Lucknow
Uttar Pradesh
INDIA
Fax: + 91-522-2230002/2239234
Email: csup@up.nic.in

Dear __________,

INDIA: Please take immediate actions against Mr. Sansar Singh, Station Officer Cantonment Police Station Varanasi and Mr. D. P. Singh, Upper Nagar Magistrate – Varanasi

Name of the victims:
1. Mr. Nimesh, aged 32 years, Journalist, son of Dr. K. B. Rai, residing at 33/3, Gurudham Colony, Varanasi, Uttar Pradesh state
2. Mr. Rajesh Gupta
3. Mr. Ajay Mishra
4. Mr. Garun Mishra
5. Abiyudey
6. Mr. Sameer
7. Mr. Bidhu Shekar
8. Mr. Dinesh Misra
Name of the perpetrators:
1. Mr. D. P. Singh, Upper Nagar Magistrate, Varanasi district, Uttar Pradesh state
2. Mr. Sansar Singh, Station Officer, Cantonment Police Station, Varanasi district, Uttar Pradesh state
3. Mr. Indrajeet Chadurwedi, Station House Officer, Cantonment Police Station, Varanasi district, Uttar Pradesh
Date of incident: November 26, 2007

I am writing to express my concern regarding the case of assault upon journalists at the Cantonment Police Station in Varanasi district of Uttar Pradesh on 26 November 2007. I am informed that the assault upon the journalists was led by Mr. D. P. Singh, the Upper Nagar Magistrate of the district. I am informed that the Magistrate wearing a jogging pants armed with a stick was assaulting the journalists shouting at then that they must be given a lesson for spoiling his evening on 26 November.

As the head of the state you must be ashamed by the action of a senior officer of your administration, who, is paid from the state exchequer for maintaining law and order within your state. The presence of such officers must be a serious concern for you had your government been serious in maintaining law and order in the state. I wonder how your government can ensure the safety and protection of the life and property of your people if Magistrates like Mr. D. P. Singh are allowed to remain in office even after such serious incidents which you are sure been informed about much before this letter. I am informed that the incident was widely reported in the media on 27 November 2007.

I am also informed that Mr. Nimesh, a journalist working for Sahara Media has been seriously injured in the incident and is currently undergoing treatment. I am also informed that the Cantonment Police have also registered a false case against the injured journalists and also a passerby who was injured in the police assault. I am also informed that not only Mr. D. P. Singh, but other police officers, particularly Mr. Sansar Sigh, the Station Officer stationed at Cantonment Police Station and Mr. Indrajeet Chadurwedi, the Station House Officer of the same police station were leading the assault along with the Magistrate. I am also aware that there were several other police officers from the Provincial Armed Core involved in the incident.

I am concerned about the absence of action by your administration regarding this incident. When officers like those named above are entrusted responsible posts, how can your government control crime in the society and maintain law and order? I am aware that the Asian Human Rights Commission is also writing to the United Nations agencies calling for an intervention into this case.

I therefore urge you to immediately intervene in this case and take appropriate actions so that:

1) All officers named above are immediately suspended from the service
2) An independent inquiry is ordered into the incident
3) The statement of Mr. Nimesh, a victim in the incident is immediately recorded
4) A crime is registered under the relevant provisions of the Indian Penal Code against the officers named above and other police officers involved in this incident and the accused prosecuted
5) Appropriate interim compensation is awarded to the injured in the incident
6) The false charge registered against the victims/injured in this case is immediately withdrawn

I hope that you will take appropriate actions in this case at the earliest.

Yours sincerely,

---------------------
PLEASE ALSO SEND A COPY OF YOUR LETTER TO:

1. Ms. Veena Kumari
District Magistrate
Varanasi, Kachahari, Uttar Pradesh
INDIA
Fax: + 91 542 2501450

2. Mr. Shripad Sirodakar
Senior Superintendent of Police
Varanasi, SSP Office, Kachahari, Uttar Pradesh
INDIA
Email: sspvns@up.nic.in

3. Dr. Kashmir Singh
Inspector General of Police
Varanasi Zone
Varanasi District, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in

4. Mr. Vikram Singh
Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 2206120, 2206174
Email: police@up.nic.in?lt;/font>

5. Dr. Manmohan Singh
Prime Minister
Prime Minister's Office
Room number 152, South Block
New Delhi
INDIA
Fax: 91 11 23016857

6. Justice Mr. Balakrishnan
Chief Justice
Through the Office of the Registrar General
Supreme Court of India, 1 Tilak Marg, New Delhi
INDIA
Fax: 91 11 23383792
Email: supremecourt@nic.in

7. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg
New Delhi-110001
INDIA
Fax: +91 11 2334 0016
E-mail: chairnhrc@nic.in

8. H.E. Mr. Jayant Prasad
Ambassador ?Permanent Mission of India in Geneva
7 bis, rue du Valais
1202 Geneva, Switzerland
Ph. + 41 22 906 86 73 or 22 906 86 86
Fax. + 41 22 906 86 70
Email: mission.india-cd@ties.itu.int

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UA-340-2007
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.