INDIA: Magistrate assaults journalists at police station

Dear friends,

The Asian Human Rights Commission (AHRC) has received information from the People’s Vigilance Committee on Human Rights (PVCHR) regarding the executive magistrate in Varanasi district of Uttar Pradesh assaulting journalists. It is reported that magistrate D. P. Singh assaulted the journalists at the Cantonment Police Station, along with police officers. The officer assaulted the journalists along with other police officers who were also present at the station.

CASE DETAILS:

It is reported that on 26 November at about 8:00pm some journalists went to the Varanasi Cantonment Police Station to lodge a complaint against a case of assault upon the journalists. The journalists were assaulted by armed men employed by a Member of the Legislative Assembly Mr. Sher Bahadur. After the attack the journalists contacted the Cantonment Police Station for help but the police refused to intervene. It was to report this in writing and also as a protest of the police inaction that the journalists had reported to the police station.

At the police station they met the Senior Superintendent of Police (SSP) and the Additional District Magistrate (ADM) who had also gone to the police station. Senior journalists who discussed the grievances of their subordinate officers were assured by the ADM and SSP that appropriate action would be taken in their case. As the superior officers and the senior journalists left the station, the Station Officer (SO) Mr. Sansar Singh and a Subordinate Magistrate (Upper Nagar Magistrate) Mr. D. P. Singh called in the officers of the Provincial Armed Core (PAC) who were standing by near the police station premises and physically attacked the junior journalists who were still inside the station premises.

Several persons were injured in the incident. Among those who were injured in the incident is Mr. Nimesh, [picture 1] a journalist working with Sahara Media. Nimesh had been at the police station along with his superior officer to report the protest. Nimesh who is also physically disabled from an earlier injury several years before was inside the chambers of the S O along with two other journalists, Mr. Girish Dube working for the ANI and Mr. Binod Bagi when the Magistrate and the S O spotted them. The police officer and the Magistrate assaulted them and threw them towards the PAC officers who they ordered to continue the assault. Please find below the statement given by Nimesh about the incident. This statement was recorded on 12 December 2007 at Nimesh’s residence where he is now undergoing treatment for the head and leg injury that he suffered in the incident.

Statement given by Mr. Nimesh Rai:

My name is Nimesh. I am 32 years old and I am a journalist working for Sahara Media. On 26 November 2007 I was informed that there is a protest in the town organised by the scribes against the assault upon some of our colleagues. I was requested to cover the incident. On my way to the place I was informed that the protestors were attacked by the police and that several of my colleagues were taken to the Cantonment Police Station. Hearing this I went to the police station on my scooter.

Once at the police station, I did not enter the building immediately since I thought that I should keep away from any trouble, in case the situation went wrong. I had also seen a group of Provincial Armed Core (PAC) officers had also been summoned to the station. The Additional District Magistrate (ADM) Mr. Indra Vikram Singh and the  Superintendent of Police (SSP) Mr. Rajeev Malhotra  were also present in the station and they were discussing the matter with some of our senior colleagues. Soon the ADM and the SP left the station and also did some of our senior colleagues.

Once the superior officers left, the Station House Officer(SHO) Mr. Indrajeet Chdurwedi was seen going to the place where some of my colleagues were writing petitions. There I saw Mr. Chdurwedi verbally abusing my colleagues. At this one of my colleagues asked the officer why he need to behave like this. At that time the  Magistrate Mr. D. P. Singh shouted at the PAC officers saying that the scribes should be treated in such a way that they will not in any near future forget what would happen if they played with the administration and the police. Mr. Singh was wearing a jogging trouser. Mr. Singh also shouted that the scribes have disturbed his evening with their protests and complaints.

Soon the PAC started charging my colleagues inside the police station. Fearing that I will also be assaulted and knowing that due to my physical incapacity I will not be able to run away, I took shelter in the room of the SO. But soon the SO Mr. Sansar Singh and the Magistrate Mr. D. P. Singh came into the room. I was not alone in the room at that time. Mr. Girish Dube of the ANI and Mr. Binod Bagi, another journalist was present inside the room. The Magistrate then asked who we were, for which we answered that we are also journalists. At this the Magistrate slapped Girish and Bagi. Then the police officer Mr. Sansar Singh threw them into the hands of the PAC who were by then assaulting my other colleagues who were at the station.

Then the Magistrate approached me and repeated the same question. I replied that I am also a journalist. The Magistrate hearing this slapped me and threw me also towards the PAC officers. They started assaulting me. In the meanwhile I also saw the Magistrate picking up a stick and beating my colleagues. Soon I fell down. Somebody had hit me on my right leg, and I could not bear the pain. Suddenly somebody beat me on my head with a stick. I lost consciousness.

Later I was taken to the government hospital in the city where the doctors refused to provide any medical treatment. We were taken to the hospital in a police vehicle. The Magistrate and other police officers also by then had arrived at the hospital. I could see that the officers were instructing the medical officers regarding what they should enter in the medical records. Since no proper attention was given to me I started crying and pleaded to the officers and the medical staff to take me to the Banaras Hindu Hospital (BHU). I was taken to the BHU where a CT scan was done. I had suffered injuries on my head which was treated with six stitches. My leg was also bandaged. I was returned home with the advice to take rest for the next three weeks.

Now I am aware that the police have registered a false case against me and seven other persons. I am informed that the charges vary from interfering in police business to attacking the police station in an attempt to steal weapons and cartridges. Mr. Rajesh Gupta – my senior colleague, Mr. Ajay Mishra of ZeeNews, Mr. Garuv Mishra, Mr. Abyudey, Mr. Bidhu Shekar and Mr. Sameer working for Ajtak TV and one passerby Mr. Dinesh Misra are charged along with me in this case. I am aware that Mr. Dinesh Misra had in fact come to attend a function in a house near the police station. He was assaulted by the police even though he was not inside the police station compound. It seems since the police had fabricated a false charge against us, they had charge sheeted everyone who were injured and admitted in the hospital. So far, to my information, nobody has registered any case against the officers who assaulted us. It appears that the district administration is conniving with the Member of the Legislative Assembly, who also happens to be the member of the ruling party of the state.

Nimesh Rai
Varanasi
12 December 2007

The local police in India are notorious for breaching the law and often resort to inhuman behavior. That is pretty much their character and everyone in India is aware of it. However, in this incident, a quasi judicial officer who has disciplinary authority over the police also beat the journalists inside the police station with a stick. It is clear from the incident that the assault upon the journalists was with the connivance of other superior officers in the district.

This incident must be a shame to the superior officers in the district and a blot upon the state administration that allows such injustice to happen. The action of the Magistrate, which was nothing less than that of a street rowdy, is condemnable and immediate action must be initiated against him and the other officers. The incident was reported in national media but no action whatsoever has been initiated against the officers so far and they still continue in office. Such incidents shame, not only to the state administration, but also the government of India and calls for urgent intervention, particularly during these days when India’s human rights records and commitments are being reviewed by the UN Human Rights Council in Geneva.

SUGGESTED ACTION:
Please write to the authorities mentioned below expressing your concern about the incident and calling for an urgent intervention in the case. The AHRC is writing a separate letter to the UN Rapporteur on Freedom of Expression and Opinion Mr. Ambeyi LIGABO calling for an intervention in this case.

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