[Reader-list] Shameful Torture of 23 Muslims Prisoners on March 26-27 In Sabarmati Jail, Ahamedabad: A Report by Human Rights Activists

Mon Apr 20 19:12:37 IST 2009

Dear Shuddha

Varun is already a 'star' for the BJP. 

Now even if does not utter even a single indiscrete comment, his very being will serve as a subliminal reminder of his utterances in Philbit. 

The shocking part is that nothing can be done about it. The Philbit speech was neither all of nor the only 'hate' speech of his.

One should have been certain that if Varun wins the election, he will lose his seat under the Election Code. One isnt certain. 

That he should be allowed to contest the elections after his speeches is in itself a shame for India. 

Opinions have been expressed elsewhere that although the NSA should not have been used against Varun, his being locked up in jail for a few days is far more desirable than his being booked under any other provision of the Law, which would be a bailable offence and under which he would spend just a few hours in jail or at best do an overnighter. The 'lesser evil' argument for sobering him up and perhaps to serve as a cautioning example for others. (You have made known your views on NSA)

I have judged Varun. He is guilty in my eyes. He is Anti-National.  

I will repeat what I wrote a month back:

"My penalty for him would be to place him for 6 months to look after the footwear of worshipers at some Mosque and devotees at some Dargah (shrine). I would put him for another 6 months at an old age home for impoverished Muslims where he is asked to look after the most basic of their (needs) including feeding them, nursing them and helping them with their toiletries."

Kshmendra

--- On Mon, 4/20/09, Shuddhabrata Sengupta <shuddha at sarai.net> wrote:

From: Shuddhabrata Sengupta <shuddha at sarai.net>
Subject: Re: [Reader-list] Shameful Torture of 23 Muslims Prisoners on March 26-27 In Sabarmati Jail, Ahamedabad: A Report by Human Rights Activists
To: kshmendra2005 at yahoo.com
Cc: "sarai-list" <reader-list at sarai.net>, "Venugopalan K M" <kmvenuannur at gmail.com>
Date: Monday, April 20, 2009, 3:55 AM

Dear All, 

The allegations of torture on the detenues in Sabarmati Jail are a serious matter, and I personally feel that they need investigation. I would also like to state here, that I am totally against the detention of Varun Gandhi, which was done under the National Security Act. I find Varun Gandhi's statements reprehensible, they just show the disgusting level of pettiness and prejudice to which he and his party are prepared to stoop in order to score points in an election campaign and I think they should be combatted politically. If at all necessary charges could have been brought against him, since he is seeking election, through the relevant sections of the Representation of the People Act and some parts of the Indian Penal Code. 

But the National Security Act is a preventive detention law, and I think in principle, all instances of preventive detention should be opposed as they are against democratic norms, This only ends up gifting Varun Gandhi with a halo we don;t need to see him with. 

regards

Shuddha

On 18-Apr-09, at 3:43 PM, Kshmendra Kaul wrote:

Dear Venugopalan

Any mistreatment of prisoners in a jail is reprehensible. 

However, do you think it was proper of you to give the Subject Line that you have given for this report?

The report expresses concern at the government (mis)handling of the beating up of 22 (not 23) jail inmates. It describes them as "most of them Muslim" 

"Most of them Muslim" and not "All of them Muslim" as is rather unfortunately suggested by your Subject Line which gives quite a different sense.

Kshmendra

--- On Fri, 4/17/09, Venugopalan K M <kmvenuannur at gmail.com> wrote:

From: Venugopalan K M <kmvenuannur at gmail.com>
Subject: [Reader-list] Shameful Torture of 23 Muslims Prisoners on March 26-27 In Sabarmati Jail, Ahamedabad: A Report by Human Rights Activists
To: "sarai-list" <reader-list at sarai.net>
Date: Friday, April 17, 2009, 3:17 PM

Dear Sir/Madam,
Prelimanary Report of INDEPENDENT COMMITTEE ON INCIDENTS OF 26-27th MARCH
2009 IN SABARMATI JAIL,
 AHMEDABAD.

*INDEPENDENT COMMITTEE ON INCIDENTS OF 26-27th MARCH 2009 IN SABARMATI JAIL,
AHMEDABAD, GUJARAT*

CAMP: People’s Union for Civil Liberties c/o Gandhi peace Foundation,
Himavan, Paldi Char Rasta, Ahmadabad 380006

*PRESS NOTE*

*AHMEDABAD, April 16, 2009*

* *

* *

An Independent committee of senior national human rights activists has
expressed its deep concern at the government handling of the beating up of
22 inmates of the Sabarmati Jail on 25 March 2009, and has called for a full
enquiry, preferably a judicial one by a judge of the High Court, into gross
violations of the Jail manual and human rights norms established by the
Courts and the NHRC. Regrettably, the incident reinforces the image of
Gujarat as a state where the human rights of religious minorities and weaker
sections are not honoured.

Inmates, most of them Muslim, who were on a  hunger strike, were denied
medical attention after a brutal attack on them by jail staff, which left at
least three of them unconscious for so long as to start rumours in the city
that they had died. They were subsequently denied access to counsel, their
relatives were refused permission to meet them for three days, and then the
Sabarmati Police station failed to register an FIR as sought by relatives
and counsel of the victims.

The independent committee consisted of Dr. John Dayal, Member, National
Integration Council, Govt. of India, Adv. K. Kesavan, Joint Secretary, CPCL,
Tamil Nadu, Dr. J. S. Bandukwala, President, PUCL, Gujarat, Dr. S. Q. R.
Ilyas, Editor, Afkar-e-Milli, New Delhi, Mr. Gopal Menon, Film Maker,
Bangalore, Mr. Mahtab Alam,Coordinator, Association for the Protection of
Civil Rights (APCR), New Delhi, Ms. Harini Krishna, Film Maker, Mumbai, and
Ms. Ruchi Shroff, Civil Rights Activist, Mumbai, Mr. Gautam Thakar,
Secretary, Secretary, PUCL, Gujarat was in  Ahmadabad from 15th to
16thApril 09.

At a public hearing, the Committee heard statements from mothers, wives and
sisters of the jail inmates who gave detailed narrative of the events in the
jail as they had heard from the inmates when they were finally allowed to
meet them. The women presented blood stained clothes of the inmates. Counsel
gave the committee copies of the PIL filed in the Gujarat High Court, the
medical report filed by two lawyers who had met the inmates in jail, as also
correspondence with the jail and police authorities seeking justice and
medical care for the injured.

The committee made several efforts to approach the authorities. The
committee in fact went to the Sabarmati jail and met Superintendent
Chandrashekhar who refused permission to visit the concerned ward and meet
the inmates. Inspector general of police Mr. Keshav Kumar, despite a written
request followed up by repeated visits to his office and a telephone
conversation with him would not find time for the committee. The visit to
the Sabarmati Police station was an eye-opener where ACP Vaghela, SHO Joshi
and Inspector Parmar all but justified the violence against the  inmates
saying they were criminals accused in Bomb blasts, and had indulged in
violence in the Jail. The three officers admitted an FIR had been registered
at the behest of the Jail authorities. They denied they had even received
complaints from the families of the victims in this case.

The investigating committee does not comment on the cases in which these 22
persons are in jail, or even on several other events that have taken place
in the Sabarmati jail in recent weeks which go to show that all is not right
with its administration. But it is clear from the testimony of the relatives
of the victims and the admission of the police officers that the chain of
events has been triggered off with the coming of the new Jail Superintendent
who stopped long standing practices of taking ill and injured inmates to the
civil hospital, provision of highly specialized medicine and curtailed other
rights. It was in response to this that the prisoners went on a highly
publicized hunger strike.

The committee will submit a detailed report in a couple of weeks. But it is
important to record its preliminary findings and recommendations.

*Initial observation of the team *

* *

   1. *Beating of the Jail inmates are admitted in an affidavit filed by
   Jail authority.*
   2. *Draconian jail manual laid down by the British is followed till date,
   even though parts of it are contradictory to our Constitution.*
   3. *Advocates and relatives of the inmates were not allowed to meet for a
   long time, which is a serious violation of Prisoners’ Rights.*
   4. *No FIR of the relatives has been registered till date.*
   5. *Inspire of 22 prisoners suffering injuries, some of them being
   fractures, they were treated within the jail as our patients correctly, they
   should have been admitted to civil hospital. *

* *

*We demand that-*

* *

   1. *National Human Rights Commission should intervene on the issue and
   report to the Supreme Court.*
   2. *Proper medical help should be given by the civil hospital. *
   3. *PUCL Gujarat and Human Rights groups should be allowed to meet and
   gather first hand information.  *

* *

* *

Sd/-

Dr John Dayal- 09811021072

Prof J S Badukwala

Dr SQR Ilyas

Mr. Gautam Thakar, Secretary, PUCL, Gujarat-09825382556

Released to the media for publication.

regards,
Mahtab

MD. MAHTAB ALAM
mdmahtaba... at gmail.com
Phone:+ 91-9811209345

-- 
MD. MAHTAB ALAM
mdmahtaba... at gmail.com
Phone:+ 91-9811209345

    Press Note ahmedabad 16 april 09.doc
41K View Download

-- 
http://venukm.blogspot.com/
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Shuddhabrata Sengupta
The Sarai Programme at CSDS
Raqs Media Collective
shuddha at sarai.net
www.sarai.net
www.raqsmediacollective.net