INDIA: Torture and arrest of human rights activist in Uttar Pradesh 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from reliable sources about the torture and arrest of human rights activist, Mohammad Musa Azami, in Varanasi, Uttar Pradesh on 18 August 2005 by the police.

On 13 August 2005, Mr Subash Chaudhary, a dalit, attempted to rape his younger sister, whose name cannot be disclosed, in their house. This young girl left home and went to her other brother, Ravi’s house who married Reshma, a Muslim woman much against the wishes of her family. In the meantime, this girl with the help of Mr Musa, the state co-ordinator for the National Council for Dalit Human Rights sent a written complaint through registered post to the Station Officer, Jaitpura and also to the Senior Superintendent of Police and Director General of Police, Varanasi range implicating her brother on ‘attempt to rape’ charges. However, the police are yet to take any action on the complaint sent by the young girl and Subash has not been arrested.

Angered by this, Subash and Reshma’s father who was not happy with his daughter’s interreligious marriage and did not know of her whereabouts, started a search for the couple and the young girl, all of whom were also being helped by two other human rights activists in addition to Mr. Musa. It is alleged that in collaboration with Subash and Reshma’s father, the police subsequently arrested Mr Musa and Manoj Gupta, the brother of one of the human rights activists helping in the case. A false FIR was lodged by the police against Mr Musa, Manoj, the two human rights activists, Ravi and the young girl on charges of kidnapping Reshma, (according to her father a minor girl but according to Reshma herself, a major) under sections 363 and 366 of the Indian Penal code.

It is understood that Reshma’s father and Subash Chaudhary came together for different reasons but with the same purpose of harassing Mr Musa and the other activists who were not only helping the couple stay together but also helping the young girl file a case with the police against her brother.

Mr Musa and Manoj Gupta remain in judicial custody under difficult conditions and various human rights organisations are now trying to move a bail application on their behalf.

We therefore call for your urgent intervention. Please ask the Director General of Police to immediately order an impartial inquiry into this incident and ensure that Mr Musa and Manoj Gupta are released from jail. Subash Chaudhary should be immediately arrested and all those police personnel responsible for filing the false FIR implicating innocent people should be punished.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
————————————————————-

DETAILED INFORMATION

Name of victims:
1. Mohammad Musa Azami
2. Manoj Gupta
3. Ravi Chaudhary
4. Reshma
5. A young girl around 20 years of age

Alleged perpetrators:
1. Subash Chaudhary
2. Reshma’s father
3. Police personnel of the Bhelupur police station, Varanasi

Date and time of incident:
13 August 2005 -Attempted rape
18 August 2005 – Arrest and false FIR lodged

Place of incident: Varanasi, Uttar Pradesh

Case Details:

On 13 August 2005 at about 12:30 a.m. Mr. Subash Chaudhary, belonging to the dalit community attempted to rape his younger sister in their house in Kwajapura, Jaitpura police station, Varanasi. This is alleged to be his second attempt to rape his sister, the first being two years ago. Unfortunately, none of the other family members listened to the young girl’s protests and annoyed with their attitude, she left the house and went to the residence of her other brother, Ravi Chaudhary.

Ravi had married a Muslim girl, Reshma, from Rewari Talab, Bhelupur police station, Varanasi, much against her parent’s wishes who did not know where she was living. Ravi, along with Reshma then took his sister into their custody and together they approached Mohammad Musa Azami, the state co-ordinator for the National Council for Dalit Human Rights to help them. With his help, Ravi’s sister sent a written complaint by registered post to the Station Officer, Jaitpura police station and also to the Senior Superintendent of Police and Director General of Police, Varanasi range. However, the police are yet to respond to this FIR.

In the meantime, Subash and Reshma’s father, not knowing their whereabouts, started searching for Reshma, Ravi and his sister. Reshma’s father claims that Reshma is a minor and therefore the marriage is illegal while Reshma and the others say she is an adult. [Under the Juvenile Justice (Child Protection Act) 2000, girls below the age of 18 years are considered to be juveniles or minors and cannot marry].

The three people were also being helped by Poonam Gupta and Arvind Gandhi, two human rights activists. Subash and Reshma’s father knowing this went to Poonam’s house and caught hold of her brother Manoj who under pressure told them about Mr.Musa and the help that he was extending. Subsequently, police personnel of Bhelupur police station, in conjunction with Subash, Reshma’s father and some local politicians arrested Manoj Gupta at around 1:00 pm on 18 August 2005. They then went to Mr Musa’s house at about 4:00 pm and arrested him. He was tortured and taken to the police lockup. Between 10:30 and 11:00 pm, the police then lodged a fabricated FIR (case no 261/05 under sections 363, 366) accusing Ravi, his sister, Mr Musa, Poonam Gupta, her brother and Arvind Gandhi of kidnapping.

Mr Musa along with Manoj Gupta remains in jail under difficult conditions. Various human rights organisations have now decided to move another bail application on their behalf since the lower court rejected the first one.

Incidents of such gross violations happen in India often. Fabricating a charge is illegal and such cases in which the police arrest innocent people on false charges are on the increase in India. It is indeed unfortunate that those chosen to safeguard public interests are in turn victimising people.

SUGGESTED ACTION:

Please send a letter to the Director General of Police, Uttar Pradesh, asking him to order a thorough and impartial investigation into the case.

 

 

To support this case, please click here: SEND APPEAL LETTER