UPDATE (India): Arrest of human rights activists stayed by the court

UPDATED INFORMATION:

The AHRC in the recent past has been informing you regarding the case registered against the activists of the PVCHR who were charged with a fabricated case registered at Phulpur Police Station. The complaint upon which the human rights activists associated with the PVCHR were sought to be arrested was registered on 9 December 2007. The AHRC has been informed that the Allahabad High Court has stayed the arrest of all the five activists against whom the case was registered. They are Dr. Lenin Raghuvanshi, Ms. Anupam Nagavanshi and Ms. Sruti Nagavanshi of village Pandeypur and Daulatpur and Mr. Prem Nut, son of Mahangu, Ms. Kalawathi, wife of Sherbahadur.

The above persons had approached the Allahabad High Court through separate petitions challenging the vires of the complaint filed by Mr. Rajendra Prasad Tripathi at the Phulpur Police Station. The petitioners contented that the complaint filed at Phulpur Police Station is malicious and based on the allegations made in the complaint no case could be made out against the accused in the complaint. The petitioners also had argued in the court that the complaint filed at the police station is with the intention to disrupt the activities of the PVCHR and if possible to facilitate the Varanasi district administration to conduct a false raid at the PVCHR so that they could destroy all the documents kept at the PVCHR concerning the PVCHR's work. The petitioners also contended that the district administration was entertaining ill feelings against the PVCHR since the PVCHR were reporting cases of human rights violations within the district and in the state to other human rights groups outside India and to the UN.

While entertaining the petitions and the grounds submitted in the court in support of the petitions, the High Court expressed its surprise regarding the entire transaction and questioned the Public Prosecutor the reasons for a case to be registered based on a nonsense complaint, apparently filed without any specific grounds at the police station. The court also expressed its anguish for such lopsided misuse of the process of law by the Phulpur Police. A copy of the complaint filed at Phulpur Police Station by Mr. Rajendra Prasad Tripathi was produced in the court by the petitioners. The court has also issued notice to Mr. Rajendra Prasad Tripathi to appear in court and show cause the reason for such a complaint.

The AHRC has in the past issued several updates regarding this case. For further details regarding this case and its background please see UAU-004-2008.

ADDITIONAL INFORMATION:

The immediate purpose of the complaint filed by Mr. Rajendra Prasad Tripathi was to prevent the activities of the PVCHR in Belwa village in Varanasi district, where Mr. Tripathi is the village head. The activities of the PVCHR in the village had united the Dalits in the village. The unity among the Dalits in Belwa had been seen as a threat to the absolute authority of Mr. Tripathi by Tripathi and his men. The district administration also has apparently made use of Tripathi's complaint to manipulate the local police to register non-bailable charges against the activists associated with the PVCHR. It is at this juncture the AHRC took up the case of the PVCHR.

Now that the High Court itself has expressed its concern regarding the clarity and thus the intention of the complaint filed against the PVCHR, a separate investigation must be held into the conduct of the officers stationed at the Phulpur Police Station in connection with Crime 357/2007 registered on 9 December 2007 at the Phulpur Police Station. The investigation must also cover the role played by the Varanasi District Administration, particularly the office of the District Magistrate Ms. Veena Kumari in interfering with the registration of the complaint against the PVCHR at the Phulpur Police Station.

If any public servant is found to have misused their authority in registering a false case against the PVCHR, immediate actions must be initiated against them. So far the Phulpur police have failed to produce the complete case records concerning the case at the trail court in Varanasi, in spite of repeated orders from the trial court. This, the AHRC believes is because the local police has been pressured by the District Magistrate not to produce the case records in the court so that the District Magistrate Ms. Veena Kumari could proceed against the PVCHR and its assets.

SUGGESTED ACTION:
Please send a letter to the relevant authorities mentioned below urging for an immediate and thorough investigation into this case and to stop all proceedings against the PVCHR. The Phulpur police may be directed to file the complete case diary at the Varanasi court and let the court decide what is to be done regarding the crime and the charge. The AHRC is also writing to the Special Rapporteur on Human Rights Defenders calling for an immediate intervention in this case.

SAMPLE LETTER:

Dear __________,

INDIA: The case records concerning the PVCHR must be produced in the trial court

Name of victim: The People's Vigilance Committee on Human Rights, SA 4/2A, Daulatpur, Varanasi, Uttar Pradesh
Name of alleged perpetrators:
1. Office of the District Magistrate, Varanasi, Uttar Pradesh
2. Station Officer, Phulpur Police Station, Phulpur, Varanasi, Uttar Pradesh
Date of incident: From 9 December 2007

I am writing to express my concern, regarding the case of the human rights activists associated with the People's Vigilance Committee on Human Rights (PVCHR). I am informed that, based on a fabricated charge filed by the village head Mr. Ranjedra Prasad Tripathi, the local police of Phulpur police station has registered a case against Ms. Kalawahi, Mr. Prem Nut, Ms. Anupam Nagavanshi, Ms. Sruti Nagavanshi and Dr. Lenin Raghuvanshi of the PVCHR.

I am also informed that the District Magistrate (DM) Ms. Veena Kumari is personally responsible behind this complaint, for which the DM has used Mr. Tripathi as a pawn. I am also informed that the DM has now instructed the Phulpur police to record that the accused are absconding so far and to move the local court to proceed against the properties of the PVCHR. It is suspected that the DM wants to cause damage the office of the PVCHR to wreck vengeance against the PVCHR for reporting cases of starvation and malnutrition from the district.

I am now informed that the Allahabad High Court has stayed the arrest of the activists associated with the PVCHR in connection with Crime 357/2007 registered against them at the Phulpur Police Station. I am also informed that the High Court has expressed its concern about the manner in which the case has been registered against the human rights activists. The court has also issued a show cause notice against Mr. Rajendra Prasad Tripathi, the complainant in the police case to appear in the court.

I am informed that in spite of repeated reminders from the trial court, the Phulpur police have failed to produce the case records concerning Crime 357/2007 at the trail court so far. It is alleged that this is because the police wanted to hide the involvement of the District Magistrate Ms. Veena Kumari in this case.

I therefore urge you to order an immediate and thorough investigation into this case and to stop all further proceedings against the PVCHR by the Phulpur police. The Phulpur police may be directed to file the complete case diary at the Varanasi court concerning Crime 357/2007 and let the court decide what is to be done regarding the crime and the charge.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Honorable T. V. Rajeswar
Governor of Uttar Pradesh
Raj Bhavan, Lucknow, Uttar Pradesh
INDIA
Fax: + 91 522 222 3892
E-mail: hgovup@up.nic.in

2. Mr. Justice Hemant Laxman Gokhale
Chief Justice Allahabad High Court
Allahabad, Uttar Pradesh
INDIA
E-mail: rg@allahabadhighcourt.in

3. Ms. Mayawati
Chief Minister
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 522 223 0002 / 223 9234
E-mail: csup@up.nic.in

4. Secretary to the Government
Uttar Pradesh State Government
5th Floor – Lal Bahadur Sastri Bhavan
Lucknow, Uttar Pradesh
INDIA

5. Dr. Kashmir Singh
Inspector General of Police
Varanasi Zone
Varanasi District, Uttar Pradesh
INDIA
E-mail: igzonevns@up.nic.in

6. Mr. Vikram Singh
Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 2206120, 2206174
E-mail: police@up.nic.in

7. Mr. Shripad Sirodakar
Senior Superintendent of Police
Varanasi, SSP Office, Kachahari, Uttar Pradesh
INDIA
E-mail: sspvns@up.nic.in

Thank you.