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INDIA: Torture and illegal detention of a young man by the Gujarat Police

June 3, 2005

URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

3 June 2005
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UA-89-2005: INDIA: Torture and illegal detention of a young man by the Gujarat Police

INDIA: Torture; Illegal detention; Impunity; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture and illegal detention of a man at the Bapunagar police station in Ahmedabad City, Gujarat.

It is alleged that on 28 April Amit (alias Montu) Babubhai Dabhi was taken by two policemen to the Amit Mill Police Chowky (post). There the police asked him if he possessed any illegal arms. When Amit replied no, the police proceeded to verbally and physically assault him.

Later that day Amit was again beaten, this time by four policemen, including A.R. Desai of Bapunagar Police Station. Amit was then taken from one police station to another and finally detained in the Gomtipur police lock up on April 29.

Over the next 2 days, Amit was continuously tortured by the police before being left on the road side by the Amit Mill Chowky in a near unconscious state. He was then admitted to the V.S. Government hospital in Ahmedabad on the same day. A medico-legal case was registered with the hospital authorities (Out Patient Department registration no: 83 and indoor registration no: 11811). He was kept in the surgical ward until May 5 and then transferred to the orthopaedic ward where he remained until May 11. A First Investigation Report (FIR 185/2005) was filed on May 3 in the Bapunagar P.S against all the four perpetrators, but the police omitted the name of police officer Manish Patel in the FIR.

A further factor disturbing to this case is that Amit was told to leave the hospital prior to having fully recovered. Amit’s father Babubhai complained to the Superintendent, V.S. Hospital about the treatment of his son, but he was still asked to leave.

On 11 and 25 May, Babubhai applied to the High Court of Gujarat to arrest the perpetrators of his son's assault. The high court ordered the police commissioner and the assistant commissioner of police amongst others to take action against the accused and ordered Amit’s transfer to the Civil hospital. The court also directed that steps be taken to ensure that Amit’s family is not harassed in any way.

On 23 May Amit filed a case against Dr Pankaj Patel, of V.S.Hospital, under IPC sections 219,270,294 (b), 418, 491 and 506 (1). The National Commission for Minorities also issued a notice to the Home Secretary, asking him to take action against the perpetrators taking into account the fact that the victim came from a minority Christian community.

Please immediately send a letter to the Director General of Police, Gujarat asking him to immediately order an investigation into this case by an independent authority. If those concerned police officers as well as the doctors responsible for Amit’s medical treatment are found to have failed in their respective duties, then legal/disciplinary action must be taken. The victim should be compensated for the trauma he suffered and measures must be taken to ensure his safety as well as that of his family.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION

Name of the victim: Amit (alias Montu) Babubhai Dabhi, 25 years, son of Babubhai Hanokhbhai Dabhi
Address: 14 Fellowship Society, b/H Vikram Mill, Bapunagar, Ahmedabad
Alleged perpetrators:
(All belong to the Bapunagar police station)
1. A.R.Desai, Police inspector
2. Jujar Singh, Police Constable
3. Shailendra Singh, Police Constable
4. Manish Patel, Police Constable
5. Dr Pankaj C. Patel, V.S.Hospital
Date of the incident: 28 April 2005 onwards
Place of the incident: Various police stations, Ahmedabad

Case Details:

On 28 April 2005, at about 11 a.m, two policemen went to Amit’s house on a motorbike and forced him to accompany them. They told his parents they were friends of his and took Amit to the Amit Mill Police Chowky (police post). He was then asked whether he possessed any illegal arms to which he said no. The police, including police inspector A.R. Desai then started verbally and physically abusing him. Amit was taken in a white Maruti car (registration No:GJ-HB2027)  allegedly belonging to Desai, back to his house where his parents were told that they would  bring him back in half an hour.

Amit was taken to Gandhinagar (capital of Gujarat State) before returning to Amit Mill where he was severely tortured. The police forcibly pulled his legs apart, beat him on his face and knees until he almost lost consciousness, and threatened to kill him at gunpoint. Meanwhile, Amit’s father, Babubhai, concerned for his son's welfare, when in search of him and complained to the Bapunagar Police Station. However, the police initially refused to register the complaint until they finally agreed to do so after some time.

Amit was then taken to Gomatipur Police Station where he was locked up for the night. The next day, the police once again took him to Amit Mill and started abusing him. They asked him whether he had any weapons on him to which Amit again replied no. On April 30, Amit was taken to Odhav Police Station where he was again tortured by the police. In the meantime, Babubhai after waiting in vain for the police to investigate his son’s disappearance gave a written complaint to the Bapunagar Police Station.

Finally on May 2 at about 1:30 a.m, Amit was left on the roadside besides Amit Mill in a semi-conscious state. He made his way home and in the evening when his condition took a turn for the worse, Amit’s family took him to V.S. Hospital, in the city. A First Investigation Report (185/2005) was filed on May 3 at the Bapunagar Police Station against all the four perpetrators under sections 323, 501, 342 and 114 IPC, but the police omitted the name of police officer Manish Patel in the FIR.

From May 2 to 5, Amit was kept in a male surgical ward and then transferred to the orthopaedic ward with Dr Pankaj C. Patel as his head. On the May 11, despite Amit was still requiring treatment, Dr Patel discharged him and asked him to leave. But it was difficult for Amit to leave as his right leg was paralysed. He was then transferred to the hand surgery ward the next day even though he did not have any problems with his hands. Angered by the doctor’s insistence that his son leave, Amit’s father complained to the Superintendent of V.S. Hospital. The Superintendent cancelled Amit’s discharged and assured his parents that Amit’s treatment would continue in the best possible manner. It is also alleged that on May 15 two policemen on a motorcycle (Reg no: Gj-1EB555) went to the hospital and asked for Amit’s case file from the nurse on duty.

On May 11, Babubhai forwarded a special criminal application (No: 643/05) to the Gujarat High Court asking them to add sections 330 and 370 in the FIR that was earlier lodged. Judge C.K. Booch of the Gujarat High Court ordered Assistant Police Commissioner R.B. Puwar of “G” Division to proceed accordingly and directed him to submit all documentary proofs, including papers of police investigation, medical treatment, sonography etc within 48 hours.

On 23 May Amit filed a case against Dr Pankaj Patel, of V.S. Hospital, under IPC sections 219, 270, 294 (b), 418, 491 and 506 (1). Babubhai once again filed special criminal application (No: 732/05) in the Gujarat High Court on May 25 and judge A.S. Dave issued a show case notice to the Health Secretary, Gujarat govt, Police Commissioner, Ahmedabad city, Asst Police Commissioner of “G” Division, Police Sub-inspector of Bapunagar PS and ACP “G” division to take police action against all those responsible for Amit’s torture and those who ordered for Amit’s transfer to the Civil Hospital. The court also ordered that all measures be taken to ensure Amit’s family is not harassed in any manner.

The National Commission for Minorities also issued a notice to the Home Secretary, asking him to take action against the perpetrators taking into account the fact that the victim came from a minority Christian community.

Despite this, no action has been taken against any of the accused. This case is a further example of the misuse of power and authority by the police and the deterioration of the criminal justice system in India. The AHRC once again strongly condemns this misuse of power by those in authority and asks you to immediately intervene in this case. All the police officers as well as the doctor responsible for Amit’s treatment should face legal/disciplinary action for their actions. The victim should also be compensated for the trauma he has endured and measures must be taken to ensure his safety as well as that of his family. We also urge the Gujarat government to look into such police atrocities and take urgent steps to put a stop to this.

SUGGESTED ACTION:

Please send a letter to the Director General of Police, Gujarat urging him to immediately order an impartial investigation into this incident.

Sample letter:

Dear Sir,

Re: Torture and illegal detention of a young man by the Gujarat Police

Name of the victim: Amit (alias Montu) Babubhai Dabhi, 25 years, son of Babubhai Hanokhbhai Dabhi
Address: 14 Fellowship Society, b/H Vikram Mill, Bapunagar, Ahmedabad
Alleged perpetrators:
(All belong to the Bapunagar police station)
1.A.R.Desai, Police inspector
2.Jujar Singh, Police Constable
3.Shailendra Singh, Police Constable
4.Manish Patel, Police Constable and
5.Dr Pankaj C. Patel, V.S.Hospital
Date of the incident: 28 April 2005 onwards
Place of the incident: Various police stations, Ahmedabad

I write to express my concern over the torture and illegal detention of a 25-year-old man at the hands of the Gujarat police.

It is alleged that on 28 April 2005, at about 11:00 a.m, Amit was picked up from his house by two policemen who supposedly wanted to interrogate him on some matter which they did not disclose.  He was then taken to the Amit Mill Police Chowky (post) where he was asked whether he possessed any illegal arms. Upon denying that he did, Amit was verbally and physically abused by the police.
The police then took Amit back to his house in a car and told his parents that they were his friends and that they would return him home in half an hour. However, Amit was taken back to the Amit Mill Police Chowky where he was forced to remove his clothes. He was then severely beaten by four policemen, including police inspector A.R. Desai of Bapunagar Police Station. They also threatened to kill him at gunpoint. Subsequently, Amit was taken from one police station to another and finally detained in the Gomtipur police lock up on April 29.

Over the next two days, Amit was continuously tortured by the police until finally on May 2, at about 1:30 a.m, he was left on the road side by the Amit Mill Chowky in a near unconscious state. Amit made his way home and was admitted to the V.S. Government Hospital in Ahmedabad around 11:30 p.m the same day. A medico-legal case was registered with the hospital authorities (Out Patient Department registration no: 83 and indoor registration no: 11811). He was kept in the surgical ward until May 5 and then transferred to the orthopaedic ward where he remained until May 11. A First Investigation Report (FIR 185/2005) was filed on May 3 at the Bapunagar Police Station against all four perpetrators, but the police omitted the name of police officer Manish Patel in the FIR.

Further disturbing is that despite Amit having yet to recover fully from his injuries, he was discharged from the hospital and asked to leave. Amit, however, could not do so since the severe abuse had resulted in paralysis of his right leg. Amit’s father Babubhai however, complained to the superintendent about the treatment meted out by the doctors.

On May 11 and 25, Babubhai also applied to the High Court of Gujarat to arrest his son's perpetrators. The high court ordered the police commissioner and the assistant commissioner of police amongst others to take action against the accused and ordered Amit’s transfer to the Civil hospital. The court also directed that steps be taken to ensure that Amit’s family is not harassed in any way.

However, no action has yet been taken against any of the accused. In light of this I urge your intervention in this matter. Please call for an impartial and thorough investigation into this matter. If those concerned police officers and hospital personnel in this case are found to have failed in their duties, then legal/disciplinary action must be taken against them. Amit should be compensated for the trauma he has endured and measures should be taken to ensure his safety as well as that of his family. I also urge the Gujarat government to look into such police atrocities and take urgent steps to put a stop to them.

Yours sincerely,

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SEND A LETTER TO:

1. A.K. Bhargava (Add. Charge)
Director General of Police & Inspector General of Police, Gujarat State,
Gandhinagar
Gujarat
INDIA
Tel: +91 79 23246333-38-39
Mobile: +91 98250-48301

SEND COPIES TO:

1.Justice A.S.Anand
The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
INDIA
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: covdnhrc@nic.in, ionhrc@nic.in

2.Shri Amit Anilchandra Shah
Home Minister
Home, Block No.2, 3rd Floor, New Sachivalay
Gandhinagar - 382 010,
Gujarat
INDIA
Tel: + 91 79 23225920, 23243403, 23250234
Fax: + 91 79 23221874, 23232453
Email: mos-home@gujarat.gov.in 

3. Justice Shri R.C.Lahoti
Chief Justice of India
1, Tilak Marg
New Delhi-110001
INDIA
Tel: +91 11 23388922, 23388942
Fax: +91 11 23383792

4.Justice Bhawani Singh
Chief Justice High Court
Sola, Ahmedabad
INDIA
Tel: +91 79 27494601 till 27494615
Fax: +91 79  27494621

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

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-89-2005
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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.