INDIA: A young man fighting against police corruption received death threats and his sister was kidnapped

Dear friends

The Asian Human Rights Commission (AHRC) is gravely concerned with the death threats received by Mr. James T. Godwin in Mahim, Mumbai, India. 

Mr. Godwin, a person who has been challenging corruption in the society for several years, has filed various complaints with the Mahim Police Station regarding the illegal activities carried out by the Mahim Police in connivance with the building construction mafia. However, there has been no serious action taken by either the police or the high authorities to inquiry into this matter, despite his repeated efforts for justice. 

Instead, his journalist sister Ms. Violet Godwin, who was also active in reporting police corruption, was kidnapped on 15 December 2002 and the police are delaying the investigation even after a High Court order was issued to immediately conduct an inquiry into the matter. In addition, Mr. Godwin has received several death threats from the police officers and the building construction mafia. 

AHRC notes with grave concern that Mr. James Godwin and his sister Ms. Violet Godwin are victims of the complete failure of rule of law in India. Their story illustrates how difficult a situation people fighting for justice have to face, and how they are slowly frustrated by the deep silence of the legal and police system in India. 

We call for your strong solidarity to support Mr. Godwin and his family who desperately look towards justice. Please send a letter to the government of India to intervene into this matter immediately. A sample letter is attached below. 

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

On 15 December 2002, Ms. Violet Godwin, sister of James T. Godwin was kidnapped from Gopi Tank Fish Market in Mumbai. Ms. Violet Godwin was a journalist and she had reported about corruption at the Mahim Police Station for verification of passport applications. She had lodged a complaint at the police station and as a result of the inquiry senior police officials of Mumbai police, Assistant Commissioner of Police Mr. Bhosle, Senior Police Inspector Mr. J. Shastri and two police constables were suspended from service. Soon after the incident Ms. Violet was found missing and her whereabouts are still unknown. 

Regarding the disappearance of Ms. Violet Godwin, several complaints were made by the Godwin family with the local police station and with the higher authorities, but all these complaints evoked no results. The Godwin family also obtained an order from the Maharashtra High Court, in which the police were ordered to conduct an immediate inquiry. However the police have taken no steps whatsoever to initiate any action. The letters written by the Godwin family addressed to Mr. Deepak Gajool of Kurla Division, the supervising officer of the inquiry, was never responded to. A legal notice addressed to the same officer was replied only after one month, with evasive replies.

In fact, the Godwin family has actively fought against police corruption for several years. 

Ms. Violet’s brother, Mr. James T. Godwin (resident of Flat No.16, 3^rd Floor, Union House No.2, off L.J.Road, Mogul Lane, Mahim, Mumbai-400 016, India), a person who challenges corruption in the society, has filed various complaints with the Mahim Police Station regarding the illegal activities carried out by the Mahim Police in connivance with the building construction mafia. These include drug peddling, illegal cutting of trees and violation of the Bombay Municipal Corporation Act and the Development Control Rules regarding construction of buildings. The builders are violating all safety norms and as a result of this a laborer died at the construction site. Unfortunately the builders’ mafia, the police and the local Member of Legislative Assembly (M.L.A) seems to be hand in glove with the illegal activities happening within the jurisdiction of Mahim police station.

On complaining about the illegal activities of the construction mafia, Mr. Godwin was approached by the local M.L.A Mr. Suresh Gambir to hush up the matter and Mr. Godwin was offered cash. Mr. Godwin refused to accept the bait and was later threatened by the politician, police, and businessmen caucus. They threatened to charge him with false cases. The builders also pelted stones at Mr. Godwin’s house. Mr. Godwin’s car was found missing from the car park near his house. The local M.L.A also published false news about Mr. Godwin in gutter magazines, against which Mr. Godwin has issued lawyer notice. In association with the M.L.A, Mr. V.B Chandanshive, the senior police inspector of Mahim police station was also giving false information about Mr. Godwin and his family.

Mr. Godwin has approached the National Human Rights Commission and the Lokayut through his letter dated on 13 May 2003 for initiating appropriate action. However this action brought in more retaliation from the Mahim police and now they are threatening Mr. Godwin and his family with dire consequences if he does not withdraw his complaints. Mr. Godwin is afraid that the safety of his family is now at stake for pursuing the complaints and he feels that he is waging a losing war given the power and authority of the police, politician and builder mafia in Bombay. 

AHRC notices with grave concern that Mr. James Godwin and his sister Ms. Violet Godwin are the victims of the complete failure of rule of law in India. The government of India must intervene into this matter immediately and ensure a thorough and impartial investigation into his complaints against police corruption. Higher police authorities in India should replace the present investigators at the Mahim Police Station who are collaborating with the perpetrators. Meanwhile, the Godwin family should be provided with full protection and the missing of Ms. Violet should be investigated as soon as possible. 

Summary of the case based on Mr. Godwin’s statement 

1. On 9 October 2002, made a complaint (No. 3205/6) to the Disaster Management Plan (DMP) in Bombay about the illegal tree cutting without permission from the Tree Authority in Byculla, Mumbai by the builders.
2. On 9 October 2002, made a complaint to the Main Police Control Room about setting the four illegal tree cutters free, although they were arrested red-handed by the police, due to the builders’ influence on the Mahim Police Station. 
3. On 11 October 2002, follow up the inaction on the written complaint filed by the former Assistant Municipal Commissioner (AMC) Ramesh Pawar (G/North) bearing No.AMC/525/HA.
4. 14 October 2002, wrong First Information Report (FIR) filed by the Police Sub-Inspector Madhu Sanap and threats by the Senior Inspector V.B.Chandanshive, two builders and the M.L.A Suresh Gambhir, who said that he would face dire consequences if he did not withdraw his FIR. 
5. Further complaints to the Garden Supdt. K.L.Velodi, Municipal Commissioner Karun Srivastava and the former Police Commissioner M.N.Singh.
6. On 25 October published article about the inaction of the police and Bombei Municipal Cooperation (BMC) regarding illegal tree cuttings and police corruption.
7. On 26 October 2002, received death treats from the builders’ men, which has not been investigated until now.
8. On 13 November 2002, the builders’ men stoned his house for which the Mahim Police Station has taken no action so far.
9. Refused a proposal to receive a bribe from the builders which was offered by M.L.A Suresh Gambir to hush up the matter. On 28 November 2002, made a complaint about it to the former Commissioner of Police M.N.Singh and to the Anti-Corruption Bureau. On 16 December 2002, made a complaint about it to the Assistant Commissioner of Police (ACP) Prakash Aade. 
10. On 12 November 2002 and 19 November 2002, received threats by the Police Sub Inspector Milan Koyal who said that he would remove his journalist sister from the press and destroy him completely for having made a complaint against him.
11. Sr.P.I V.B.Chandanshive gave false information against him to various newspapers. Issued defamation notice to the Mid-day newspaper for the statements of the builders, police and MLA in the article of the same newspaper issued on 18 December 2002.
12. On 15 December 2002, suspected kidnapping of his journalist sister Ms. Violet Godwin at the Gopi Tank fish Market.
13. The Mahim Police forced to file offence against MLA Suresh Gambhir for his threats made by telephone on 14 October 2002, after the caller I.D proof was produced on 27 December 2002.
14. Regarding his sister’s absence, submitted a petition to the Bombay High Court (the writ petition no.329/2003) asking for transfer of investigation to a different agency from the Mumbai Police.
15. Made a complaint about the illegal construction by the same builders, which started without the requisite permission from the Garden Department on 15 and 16 January 2003.
16. On 27 November 2003, made a complaint against the Mahim Police Station to the former Chief Puri of the Anti-Corruption Bureau.
17. Complained about the missing of his car to various higher authorities.
18. Complained regarding the safety norms not being taken by the builders and due to which a lady was grievously injured on 9 March 2003. 
18. Complained against the ACP and the Deputy Commissioner of Police (DCP) for their inaction in the illegal activities of the builders and their open support to the Sr.Inspector V.B.Chandanshive and the MLA Suresh Gambhir.
19. Complained to the Municipal Commissioner and the Building Proposal Department to revoke the license of the builders. 
20. Complained to the Home Department against the builders, MLA, Mahim Police Station, ACP and the DCP.
21. The builders threatened the injured lady’s relatives with their elimination by underworld don Dawood Ibrahim on 27 April 2003, which was reported by the media. The Mahim Police Station took no action against the Builders. 
22. Complained to the Lokayut and the National Human Rights Commission (NHRC). NHRC issued a letter dated 13 May 2003 asking the police to take appropriate action and to send the Action Taken Report (ATR) within four weeks.
23. A complaint based on a false case was made against him: he had allegedly asked for Rs. 5 lacs from the builder Mr. Hemant Cheddha. Mr. Godwin suddenly received five letters from the Mahim Police Station on 30 May 2003, around two months after the fabricated incident (26 March 2003). 
24. On 4 October 2003, a male worker was burnt due to the violation of all safety norms by the builders. The Station House Officer In Charge Mr. Kale refused to investigate the cause of fire and to file the FIR without the builder’s presence despite Mr. Godwin’s repeated requests to investigate the incident. 
25. On 5 October 2003, received threat call from Mr. Kale for having made a complaint against him to C.F.O Jhandhwal at the Byculla Fire Brigade Office. 
26. No investigation about his missing journalist sister even after the High Court order until now. 

SUGGESTED ACTION:
Please send a letter, fax or email to the addresses below and express your concern about this matter.

1. Shri Sushil Kumar Shinde
Chief Minister of Maharashtra 
Office of the Chief Minister 
Mantralaya, Mumbai 400 023 
INDIA 
Tel: +91-22-23633051 / 23634950 
FAX: + 91-22-23631446
E-mail: chiefminister@maharashtra.gov.in

2. Justice Shri Arivind Sawant 
Chairperson 
Maharashtra Human Rights Commission
Mumbai 
INDIA 
Fax: +91 22 2885858 

3. Dr. P.P.J. Abdul Kalam
President 
Office of the President, 
Rashtrapati Bhawan, 
New Delhi, 110004 
INDIA
Tel: +91-11-23016767 (Joint Secretary), 23014507 (Personal Secretary)
Fax: +91-11-23017290, 23014570 
Email: presssecy@alpha.nic.in or Pressecy@Sansad.nic.in 

4. Shri Justice A S Anand
Chairperson
National Human Rights Commission of India
Sardar Patel Bhawan
Sansad Marg, New Delhi – 110 001
INDIA
Tel: +91 11 2334 0891 / 2334 7065
Fax: +91 11 2334 0016
E-Mail: chairnhrc@nic.in 

5. Ministry of Home Affairs
North Block, Central Secretariat
New Delhi – 110 001
Tel: +91 23092011, 23092161
Fax: +91 23093750, 23092763
E-mail: websitemhaweb@mha.nic.in

6. Ms. Hina Jilani
Special Rapporteur on the situations of human rights defenders
C/o OHCHR-UNOG,
1211 Geneva 10
SWITZERLAND
Fax: + 41 22 917 9006

7. Working Group on Enforced or Involuntary Disappearances
C/o OHCHR-UNOG, 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9003

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