INDIA: Illegal detention, blatant violation of laws and threat to life of Vinod Kumar Gupta
30th January, 2010
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INDIA: Illegal detention, blatant violation of laws and threat to life of Vinod Kumar Gupta
INDIA: Arbitrary detention, threat to life, blatant violation of laws, failure of rule of law, custodial torture
Dear Friends,
Peoples' Vigilance Committee on Human Rights (PVCHR) got information that Vinod Kumar Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh,India is continuously tortured in the police custody from last 7 days. Now Vinod Kumar Gupta is under the psychological trauma.
Case detail:
Mr. Vinod Kumar Gupta s/o Ram Ji Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh. On 24th January, 2010 at 6 am in the morning police forcefully took Mr. Vinod Kumar Gupta in custody from his house. The police is continuously tortured him in the custody from last 7 days and now he is under the psychological trauma as stated by his father and relatives.
Vinod Kumar Gupta is a working as a private driver and on 23 January, 2010 night around 12 am he was returning with his head and in the way near to Pindra 4 unknown person stopped and looted the gold carried by his head.
On next day of the incidence i.e. on 25 January, 2010 Vinod father filed case in civil court under ACJM VII and plead to direct SHO, Phulpur to immediately produce Mr. Vinod Kumar in court so, victim father may apply for his bail. On this application court two times gave order than also Station Officer Phulpur is not releasing Vinod Kumar from the custody. Please see the URL: http://www.scribd.com/doc/26094762/Vinod-Kumar
Hence, on 26th January, 2010 Vinod father by hand gave letter to I.G, Varanasi zone and fax to Chairperson, National Human Rights Commission, New Delhi. Again on 27th January, 2010 he handed letter to D.I.G, Varanasi and on same day he telegram to I.G, Varanasi (serial no. 105, Book no. 1592), Director General of Police, Lucknow (serial no. 107 Book no. 1592). Please see the letter http://www.scribd.com/doc/26095111/Letter-to-DGP-in-case-of-custodial-torture
The Honorable Supreme Court of India has issued certain guidelines D.K Basu Guideline vs. State of West Bengal to be followed without failure by the law enforcement officers during the time of arrest, questioning and detention of suspects. Even though the violation of the order of the Supreme Court of India could be considered as contempt of court, the Supreme Court is yet to take any action towards this end, in spite of the fact that several cases were brought to the court's attention. Please read complete guideline: http://www.alrc.net/doc/mainfile.php/cl_india/143/
The many of the worst forms of torture used by the police were perfected during this period. These included the "aeroplane treatment" (tying the hands of the suspect behind his back and then suspending him from a beam, leading to shoulder dislocation) and the cattle prod or roller treatment (rolling a wooden log on the suspect's legs). The officer said rape and sexual humiliation of female prisoners also happened during this period. He added that many of these forms of torture were a part of routine policing even now across the country.Please see the URL http://www.flonnet.com/fl2620/stories/20091009262002700.htm
Suggestion Action
Please write to the relevant authorities and ask for their immediately intervention in this matter.
Sample letter
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Dear Sir/Madam,
This is to bring in your kind notice that Mr. Vinod Kumar Gupta s/o Ram Ji Gupta resident of house no. 137 Mohalla, Sipah, under jurisdiction Kotwali District –Jaunpur of Uttar Pradesh. On 24th January, 2010 at 6 am in the morning police forcefully took Mr. Vinod Kumar Gupta in custody from his house. The police is continuously tortured him in the custody from last 7 days and now he is under the psychological trauma as stated by his father and relatives.
As I am informed Vinod Kumar Gupta is a working as a private driver and on 23 January, 2010 night around 12 am he was returning with his head and in the way near to Pindra 4 unknown person stopped and looted the gold carried by his head.
On next day of the incidence i.e. on 25 January, 2010 Vinod father filed case in civil court under ACJM VII and plead to direct SHO, Phulpur to immediately produce Mr. Vinod Kumar in court so, victim father may apply for his bail. On this application court two times gave order than also Station Officer Phulpur is not releasing Vinod Kumar from the custody.
Hence, on 26th January, 2010 Vinod father by hand gave letter to I.G, Varanasi zone and fax to Chairperson, National Human Rights Commission, New Delhi. Again on 27th January, 2010 he handed letter to D.I.G, Varanasi and on same day he telegram to I.G, Varanasi (serial no. 105, Book no. 1592), Director General of Police, Lucknow (serial no. 107 Book no. 1592).
It is clear violation of Directive and guideline of Honorable Supreme Court in the case of D.K Basu Guideline vs. State of West Bengal.
Therefore it is kind request to immediate instruct to the Government of Uttar Pradesh to take immediate & appropriate action in the context of Article 21 of the Constitution.
Thanking You
Sincerely Yours
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Please write letter to:
1. Director General of Police
1-B.N. Lahiri Marg/Tilak Marg,
Lucknow Fax: 0522-2206120, 2206174.
Ph: 0522-2206104 .
Email: police@up.nic.in
2. Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in
3. Inspector General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in
4. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA
Email: sspvns@up.nic.in
5. Mr. Chitambaram
Home Minister
North Block
New Delhi 110 001
INDIA
Fax: + 91 11 23794833
6. Chairperson
National Human Rights Commission
Faridkot House, Copernicus Marg,
New Delhi, PIN 110001
Tel.No. 23384012
Fax No. 23384863
E-Mail: covdnhrc@nic.in, ionhrc@nic.in
Thank you.
Urgent Appeals Programme
Peoples' Vigilance Committee on Human Rights (PVCHR)
