Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the case of brutal attack by the local police of a lawyer, practicing at Thrissur courts. It is reported that the incident happened when the victim in the case, Ms. R. K. Asha, went to help her client and friend Ms. Neethu. The Sub-Inspector of Police, Mr. Lalkumar, stationed at Thrissur East Police Station not only assaulted the lawyer, but detained in custody her son, on fabricated charges and assaulted the lawyer’s minor daughter at the police station. The children had accompanied their mother since the lawyer was travelling at night. The Thrissur Bar protested against the incident and has organised a public rally demanding immediate action against the police officer.
CASE NARRATAIVES:
According to the information received, Ms. Neethu, a client as well as friend of the lawyer Ms. Asha, contacted Asha at about 10:00 at night on 22 February. Asha was home having dinner with her children. Neethu informed Asha that she requires immediate legal assistance, since the local police was trying to arrest and detain Neethu and her friends.
Being already late into the night, but willing to help, Asha went to meet her friend Neethu. Neethu had informed Asha that the police is trying to take them into custody from a restaurant in town. Asha took along with her, her son as well as minor daughter for company. At the restaurant, while Asha was trying to gather information from Sub-Inspector of Police, Mr. Suraj, stationed at the Thrissur West Police Station.
At this moment, the Sub-Inspector of Police from Thrissur East Police Station, Mr. Lalkumar came to the scene accompanied with other police constables. Without provocation, Lalkumar started assaulting Asha’s son and daughter. The officers also in the meanwhile assaulted Neethu and her friends and dragged them into a police vehicle. Before Asha could do anything, the police also took along with them, Asha’s son.
Asha followed the police vehicle to the Thrissur East Police Station. At the police station Asha tried explaining to the police officer that her son had come along with her since it was late and has nothing to do with Neethu and her friends and for whatever purpose the police have arrested Neethu. Hearing this, the Sub-Inspector of Police, Lalkumar pushed Asha out of the police station room upon which Asha fell down on the ground. Then Lalkumar started kicking on Asha’s leg, wherein Asha suffered serious injuries on her both legs. Then the police dragged Asha out of the police station building. Not satisfied, the officer then slapped Asha’s minor daughter. After this the officer asked Neethu was ordered to sign a release letter and was allowed to leave. They took Asha to Aswini Hospital where Asha is receiving treatment. While the police officer was assaulting Asha and her daughter, they were also using filthy language against the lawyer, the other women as well as Asha’s daughter.
There is a background to this incident. About two weeks before Asha had been to Thrissur East Police Station concerning another case. At that moment, despite knowing that Asha was representing her client, the police officer Lalkumar had misbehaved with Asha, against which Asha had filed a complaint against the officer at the office of the City Police Commissioner. Asha claims that the reason why the officer assaulted Asha on this occasion was to wreck vengeance against Asha filing complaint against the officer.
Asha is a lawyer practicing at the Thrissur Bar for the past 14 years. Asha is a civil rights activist, has regularly lectured at the Police Training College, and was a member of the Thrissur Police Advisory Board. Despite all this that this officer has dared to brutally assault a lawyer shows the vested and adverse interest that the officer entertains against Asha.
No one should be assaulted at a police station. A lawyer is the officer of the court, while a lawyer is engaged in legitimate acts that are covered under the professional engagement of a lawyer with his or her client. Assaulting and torturing a lawyer, while the lawyer is discharging his or her official duties, is equal to attacking the court. Therefore, the officer has not only committed an act of torture against a citizen, but has also attacked an important institution. It is also important at this juncture to be aware that torture is not limited to acts of physical attack upon suspects, but also involves acts of violence that could be treated as punishment.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed below expressing your concern about this case.
The AHRC is also writing a separate letter to the Special Rapporteur on the independence of judges and lawyers calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear …………….,
INDIA: Torture of a lawyer in Thrissur must be investigated
Name of the victim: Ms. Asha R. K., Advocate, Thrissur Bar Association, Ayyanthole Post, Thrissur, Kerala state, India
Alleged Perpetrators: Mr. Lalkumar, Sub-Inspector of Police, Thrissur East Police Station, Thrissur, Kerala state, India
Date of incident: 22 February 2014
Place of incident: Thrissur East Police Station, Thrissur District, Kerala State, India
The Asian Human Rights Commission (AHRC) is writing to you to express concern about the assault and injuring of a lawyer by the Sub-Inspector of Police at the Thrissur East Police Station. The incident reported to the AHRC is as follows:
The victim in this case is a lawyer with 14 years of standing at the Thrissur Bar. Ms. Neethu, a client as well as friend of the lawyer Ms. Asha, contacted Asha at about 10:00 at night on 22 February. Asha was home having dinner with her children. Neethu informed Asha that she requires immediate legal assistance, since the local police was trying to arrest and detain Neethu and her friends.
Being already late into the night, but willing to help, Asha went to meet her friend Neethu. Neethu had informed Asha that the police is trying to take them into custody from a restaurant in town. Asha took along with her, her son as well as minor daughter for company. At the restaurant, while Asha was trying to gather information from Sub-Inspector of Police, Mr. Suraj, stationed at the Thrissur West Police Station.
At this moment, the Sub-Inspector of Police from Thrissur East Police Station, Mr. Lalkumar came to the scene accompanied with other police constables. Without provocation, Lalkumar started assaulting Asha’s son and daughter. The officers also in the meanwhile assaulted Neethu and her friends and dragged them into a police vehicle. Before Asha could do anything, the police also took along with them, Asha’s son.
Asha followed the police vehicle to the Thrissur East Police Station. At the police station Asha tried explaining to the police officer that her son had come along with her since it was late and has nothing to do with Neethu and her friends and for whatever purpose the police have arrested Neethu. Hearing this, the Sub-Inspector of Police, Lalkumar pushed Asha out of the police station room upon which Asha fell down on the ground. Then Lalkumar started kicking on Asha’s leg, wherein Asha suffered serious injuries on her both legs. Then the police dragged Asha out of the police station building. Not satisfied, the officer then slapped Asha’s minor daughter. After this the officer asked Neethu was ordered to sign a release letter and was allowed to leave. They took Asha to Aswini Hospital where Asha is receiving treatment. While the police officer was assaulting Asha and her daughter, they were also using filthy language against the lawyer, the other women as well as Asha’s daughter.
There is a background to this incident. About two weeks before Asha had been to Thrissur East Police Station concerning another case. At that moment, despite knowing that Asha was representing her client, the police officer Lalkumar had misbehaved with Asha, against which Asha had filed a complaint against the officer at the office of the City Police Commissioner. Asha claims that the reason why the officer assaulted Asha on this occasion was to wreck vengeance against Asha filing complaint against the officer.
Asha is a lawyer practicing at the Thrissur Bar for the past 14 years. Asha is a civil rights activist, has regularly lectured at the Police Training College, and was a member of the Thrissur Police Advisory Board. Despite all this that this officer has dared to brutally assault a lawyer shows the vested and adverse interest that the officer entertains against Asha.
No one should be assaulted at a police station. A lawyer is the officer of the court, while a lawyer is engaged in legitimate acts that are covered under the professional engagement of a lawyer with his or her client. Assaulting and torturing a lawyer, while the lawyer is discharging his or her official duties, is equal to attacking the court. Therefore, the officer has not only committed an act of torture against a citizen, but has also attacked an important institution. It is also important at this juncture to be aware that torture is not limited to acts of physical attack upon suspects, but also involves acts of violence that could be treated as punishment.
I therefore request you to:
1. Undertake an independent investigation in the case;
2. That a judicial magistrate records the statement of the victim and witnesses;
3. That the officer accused in the case is placed on immediate suspension from active service;
4. That the officer should be prosecuted.
Yours sincerely,
———————————————–
PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chennithala
Minister for Home and Vigilance
Ground Floor, Main Block
Secretariat, Thiruvananthapuram, Kerala
INDIA
Fax + 91 471 2327451
2. Mr. Balasubramanian (IPS)
Director General of Police, Kerala
Police Headquarters, Trivandrum – 695010, Kerala
INDIA
Fax + 91 471 2726560
E-mail: dgp@keralapolice.gov.in
3. Chairperson
Kerala Women’s Commission
Near Lourdes Church, P.M.G
Pattom, Thiruvananthapuram – 4, Kerala
INDIA
E-mail: keralawomenscommission@yahoo.co.in
4. Honourable District & Sessions Judge
Civil Lanes, Thrissur
Ayyanthole Post, Thrissur, Kerala
INDIA
5. District Police Chief
Civil Lanes, Thrissur
Ayyanthole Post, Kerala
INDIA
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
