PHA-Exch> Fwd: UPDATE (India): False charge filed against Dr. Lenin Raghuvanshi and colleagues

Fri Dec 28 06:11:30 PST 2007

> ---------- Forwarded message ----------
> From: AHRC Urgent Appeals <listadmin at ahrchk.net>
> Date: Dec 11, 2007 4:19 PM
> Subject: UPDATE (India): False charge filed against Dr. Lenin Raghuvanshi
> and colleagues
> To: pvchr.india at gmail.com
>
> UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT
> APPEAL
>
> ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
>
> Update on Urgent Appeal
>
> < http://www.ahrchk.net/ua/support.php?ua=up-163-2007 >
>
> 11 December 2007
>
> [UA-335-2007: INDIA: Human rights activist facing threats for
> reporting cases in Uttar Pradesh]
> ------------------------------------------------------
> UP-163-2007: INDIA: False charge filed against Dr. Lenin Raghuvanshi
> and colleagues
>
> INDIA: Threat to human rights defenders; police corruption; hunger
> and malnutrition; caste based discrimination
> ------------------------------------------------------
>
> Dear friends,
>
> The Asian Human Rights Commission (AHRC) wishes to provide you the
> update regarding the case of Dr. Lenin Raghuvanshi and the People's
> Vigilance Committee on Human Rights (PVCHR). The AHRC has reported on
> 4 December regarding the death threats faced by the PVCHR activists
> and Dr. Lenin. The PVCHR has informed the AHRC that on 9 December a
> false complaint has been filed against Dr. Lenin and Ms. Shruti
> Nagavanshi, Ms. Anupam Nagavanshi and Ms. Kalawati - three other
> activists of the PVCHR - at Phoolpur Police Station upon which the
> police has registered a First Information Report (FIR). It is also
> reported that Dr. Lenin and his colleagues may be arrested anytime by
> the police based upon the false charge. If this happens, the life and
> security of Dr. Lenin and other activists could be at risk.
>
> UPDATED INFORMATION:
>
> The AHRC upon receiving information from the PVCHR regarding cases of
> starvation and hunger from Uttar Pradesh had in the recent past issued
> three Urgent Appeals/Hunger Alerts. The case concerning Mukesh's
> [HA-014-2007 < http://www.ahrchk.net/ua/mainfile.php/2007/2678/>] was
> published on 24 November 2007, Jigar Musahar's case [HA-015-2007
> < http://www.ahrchk.net/ua/mainfile.php/2007/2683/>] was published on
> 30 November 2007 and Pritam's case [UA-333-2007
> < http://www.ahrchk.net/ua/mainfile.php/2006/2688/>] was published on
> 4 December 2007.
>
> These cases received wide publicity through local and international
> media. Help from different corners arrived to the victims, and in the
> process it triggered a media outcry against starvation and hunger and
> the continuing failure of the state administration to address this
> issue. National media wrote front-page editorials, while the
> electronic media gave wide coverage to the issue by allotting
> prime-time news coverage to these cases, the latest of which was by
> the NDTV < http://www.ndtv.com/convergence/ndtv/default.aspx > on 10
> December 2007 . The NDTV
> < http://www.ndtv.com/convergence/ndtv/default.aspx >special news
> report was aired in India, UAE and the UK at 7.30pm Indian Standard
> Time. All these reports confirm the reports made by the PVCHR and the
> AHRC concerning malnutrition and starvation in India.
>
> The state administration in the meanwhile haphazardly responded to
> the issue. The response by the state administration was in two
> different directions, unfortunately one opposing the other. Once the
> appeals were issued, the administration immediately dispatched some
> of its senior most government officers to the remote villages to
> study the situation. In one such case some of the senior most
> administrative officers literally flew into the Anei village in a
> helicopter. Anei is the village from Jigar's case was reported. The
> officers, under the direction of the Chief Minister's office took
> immediate steps to ensure that there would be no further starvation
> deaths in the village. The officers made overnight arrangements to
> measure the land and even allotted land to the lower caste community
> in the village within hours.
>
> The issue of starvation and malnourishment was also picked up by
> various political parties in the state. Mr. Rahul Gandhi, a Member of
> Parliament from Uttar Pradesh coming to know about the case of Mukesh
> made arrangements to provide treatment to Mukesh at the All India
> Institute of Medical Sciences (AIIMS). Mukesh was shifted to the
> AIIMS and is now receiving treatment at the AIIMS. While this was
> going on the state Chief Minister appeared on television and gave a
> statement that the reports made by the PVCHR and the AHRC concerning
> starvation and deaths from malnutrition were false. Simultaneously
> Dr. Lenin started receiving life threatening calls on his mobile
> telephone number +91 99355 99333.
>
> Now, the PVCHR has been informed that a person named Mr. Rajendar
> Tiwari has filed a complaint against Dr. Lenin and his colleagues at
> the Phoolpur Police Station making false allegations against Dr.
> Lenin and the PVCHR. It is interesting to note that Mr. Tiwari, the
> village head of Belwa village who is also the complainant in the
> case, is a person against whom Dr. Lenin in the past as the member of
> the District Vigilance Committee against Bonded Labor has filed
> complaints, based on which there is a warrant of arrest issued by the
> Magistrate Court that is pending against Mr. Tiwari. The FIR states
> that Mr. Tiwari himself reported at Phoolpur Police Station along
> with his brother and has given the First Information Statement. The
> question is why the local police did not arrest a person against whom
> there was a warrant of arrest pending when he presented himself at the
> police station. For further information regarding Mr. Tiwari and his
> antecedents please see UA-138-2005
> < http://www.ahrchk.net/ua/mainfile.php/2005/1203/ >. This case was
> taken up by the UN Special Procedure Mechanism. Please click here for
> a copy of the report of the Rapporteur. This exposes the connivance of
> the local administration to silence the PVCHR and Dr. Lenin somehow or
> other. Belwa is a village covered by the PVCHR in its daily work and
> several cases of atrocities committed against the Dalit community in
> Belwa by Mr. Tiwari has been reported in the past by the AHRC and the
> PVCHR.
>
> Now that the facts have become clear, Dr. Lenin has written to the
> Governor of the State with copies to the district administration
> pleading to save his life and to ensure independent judicial and
> administrative process into the issue. A translated copy of the
> letter written by Dr. Lenin is posted below for your information:
>
> To,
> Honorable Governor,
> Lucknow, Uttar Pradesh
>
> 10 December 2007
>
> Subject: About fake FIR against Human Rights Defender and Death
> Threat.
>
> Respected Sir,
>
> I Dr. Lenin, son of Mr. Surendra Nath, resident of SA 4/2A,
> Daulatpur, within the jurisdiction of Cantonment Police Station,
> Varanasi, Uttar Pradesh wish to inform you the following. I am a
> Human Rights Defender and also a member of District Vigilance
> Committee on Bonded Labour. I am also the convener of the
> People’s Vigilance Committee on Human Rights, working on human
> rights issues in Uttar Pradesh. I work on issues of Hunger /
> Starvation and deaths due to hunger. Due to this, the state
> government has ordered an investigation, raising false accusations
> against me and my organisation; and antisocial elements are issuing
> death threat to me.
>
> The village-head of Belwa of Badagaon administrative block, filed
> First Information Report  against me at Phoolpur Police Station
> under the section – 505 B on 9th December, 2007 [crime number
> 356/07]. In this FIR, the village-head Mr. Rajendar Thiwari has made
> false allegations that I am delivering anti-state leactures and my
> staff and myself were taking nude photographs of the villagers.
> Earlier I had filed a case against Mr. Thiwari. I filed this as a
> member of the District Vigilance Committee on Bonded Labour. This
> case was registered as FIR 92/2002, charge sheet number 117/2002, as
> crime number 114/2002 dated 23 April 2002. This case is still in
> court. Court has issued a warrant against him and he still wanted by
> the court. But this man has now filed an FIR against us at the
> Phoolpur Police Station and the policemen did not arrest him. It is
> very clear that the district administration, the state government and
> the anti Dalit forces are working jointly for eliminating our work in
> the state.
>
> Additionally in 2005 when Mr. Satyanarayan Giri was contesting the
> Panchayath election against Mr. Thiwari, Mr. Tiwari’s friend
> Mr. Ramasray Singh abused me and threatened me with death. In this
> incident I filed an application to the Senior Superintendent of
> Police  Varanasi, on 6th August 2005 by registered post. I
> requested the SSP to save my life. On 9th August 2005 Hong based
> regional human rights group, the Asian Human Rights Commission
> issued an Urgent Appeal and then the police registered FIR against him
> as Crime 117/05 under section 504, 506 Indian Penal Code. This case is
> still pending in court. In this case three Rapporteurs from the UN
> have written to the central government expressing concern about my
> case.
>
> On 4th December 2007 I was in Delhi participating in a programme
> jointly organised by the National Campaign for Dalit Human Rights
> and the National Human Rights Commission of India. While I
> was in Delhi, I again received death threats on my cell phone
> 9935599333 at about 4.30 – 4.42 pm on 4th December, 2007. The
> call was from Varanasi and the caller said “…if you
> raise the issue of starvation and hunger death then you must be
> killed…”. After this, again the AHRC issued an urgent
> appeal on 4th December 2007. After returning to Varanasi on 6th
> December 2007 I filed petition by registered post to the SSP
> requesting to save me and protect my properties. I am writing for
> your kind notice that a baby from village Bhaisanare of District
> Jaunpur named Mukesh aged 4 years who was suffering from Grade IV
> malnutrition. When this news was reported in the media the Member of
> Parliament Mr. Rahul Gandhi brought the baby to the All India
> Institute of Medical IIMS. He admitted the baby in the hospital and
> after this the Chief Minister Ms. Mayawathi organised a press
> conference and made some false allegations against our organisation.
>
> That is why I want to inform you that the situation is very sensitive
> and keeping notice of afore said things, a judicial process must be
> held in any action taken upon these issues. I am afraid that at any
> time the administration and the government might kill me and try to
> make fake cases against me. This is why I am praying to you to please
> take all necessary actions to protect my right to life and also that
> of the activists associated with me.
>
> I am most obliged to you.
>
> Dr. Lenin Raghuvansi
>
> Enclosure:
>
> 1. FIR against thiwari
> 2. FIR against Ramasraysingh
> 3. AHRC UA
> 4. Letter to the ssp
> 5. Medical certificate of Mukesh
>
> The AHRC will keep you informed about the further developments in the
> case. However in the meanwhile if you wish to receive any additional
> information, please contact:
> Dr. Lenin Raghuvanshi, Convener PVCHR, SA 4/2 A, Dulatpur, Varanasi,
> 221002, Uttar Pradesh, INDIA. Email: pvchr at yahoo.com
> <mailto: pvchr at yahoo.com>
>
> SUGGESTED ACTION:
> Please send letters to the relevant authorities listed below, urging
> them to order an inquiry into the entire series of events concerning
> the registration of compliant at Phulpoor Police Station against Dr.
> Lenin and other activists of the PVCHR. It is pertinent to find out
> why the local police did not arrest the complainant, a known criminal
> of the locality, against whom a warrant of arrest is pending from the
> local court when he presented himself at the police station. In case
> if Dr. Lenin and his colleagues are arrested all legal formalities
> should be complied to ensure the safety of Dr. Lenin and his
> colleagues.
>
> The AHRC is writing a separate letter to the Special Representative
> of the UN Secretary General on the Situation of Human Rights
> Defenders, calling for an intervention in this case.
>
> To support this appeal, please click:
> <http://www.ahrchk.net/ua/support.php?ua=up-163-2007 >
>
> Sample letter:
>
> Ms. Mayawati
> Chief Minister
> Chief Minister's Secretariat, Lucknow
> Uttar Pradesh
> INDIA
> Fax: + 91-522-2230002/2239234
> Email: csup at up.nic.in <mailto:csup at up.nic.in>
>
> Dear Chief Minister,
>
> INDIA: Please enquire about the false case registered against Dr.
> Lenin and the PVCHR
>
> Name of victims:
> 1. Dr. Lenin Raghuvansi
> 2. Ms. Shruti Nagavanshi
> 3. Ms. Anupam Nagavanshi
> 4. Ms. Kalawati - all are human rights defenders associated with the
> PVCHR, SA 4/2 A, Dulatpur, Varanasi, 221002, Uttar Pradesh
> Date of incident: 9 December 2007
>
> I am writing to express my concern about the case of Dr. Lenin
> Raghuvanshi and other human rights defenders associated with the
> People's Vigilance Committee on Human Rights (PVCHR). I am informed
> that a false case has been registered against Dr. Lenin and the three
> other human rights defenders working with the PVCHR at Phoolpur Police
> Station as crime 356/2007. I am informed that the complainant in this
> case Mr. Rajendar Tiwari had reported at the police station on 9
> December 2007 along with his brother and has filed the First
> Information Statement based on which the crime has been registered. I
> am also informed that there is an arrest warrant pending against Mr.
> Tiwari from the local Magistrate Court since long, which the police
> has not executed so far, which raises further my suspicion regarding
> the police's involvement in silencing the PVCHR.
>
> I am informed that there are several cases reported by the PVCHR and
> the AHRC upon which your office have taken positive initiative.
> However, I am surprised why the state administration has now turned
> against the PVCHR to silence the PVCHR and its activities, that too
> for taking up cases of the poor and the Dalit communities in the
> state.
>
> I am informed that a written complaint has been filed by Dr. Lenin at
> the Office of the Governor of the state with copies to the district
> administration seeking immediate intervention in his case and calling
> for an impartial enquiry regarding the entire process by which the
> crime was registered against Dr. Lenin and his colleagues.
>
> I therefore urge you to:
>
> 1. Order an inquiry into the entire series of events concerning the
> registration of compliant at Phulpoor Police Station against Dr.
> Lenin and other activists of the PVCHR
> 2. To find out why the local police did not arrest the complainant, a
> known criminal of the locality, against whom a warrant of arrest is
> pending from the local court when he presented himself at the police
> station
> 3. In case if Dr. Lenin and his colleagues are arrested all legal
> formalities should be complied to ensure the safety of Dr. Lenin and
> his colleagues
>
> Yours sincerely,
>
> -----------------------
> PLEASE SEND LETTERS TO:
>
> 1. Ms. Veena Kumari
> District Magistrate
> Varanasi, Kachahari, Uttar Pradesh
> INDIA
> Fax: + 91 542 2501450
> 2. Mr. Shripad Sirodakar
> Senior Superintendent of Police
> Varanasi, SSP Office, Kachahari, Uttar Pradesh
> INDIA
> E-mail: sspvns at up.nic.in <mailto:sspvns at up.nic.in>
>
> 3. Dr. Kashmir Singh
> Inspector General of Police
> Varanasi Zone
> Varanasi District, Uttar Pradesh
> INDIA
> E-mail: igzonevns at up.nic.in <mailto: igzonevns at up.nic.in>
>
> 4. Mr. Vikram Singh
> Director General of Police
> 1-Tilak Marg, Lucknow
> Uttar Pradesh
> INDIA
> Fax: + 91 522 2206120, 2206174
> E-mail: police at up.nic.in <mailto: police at up.nic.in>
>
> 5. Dr. Manmohan Singh
> Prime Minister
> 7, Race Course Road, New Delhi 110011
> Fax: + 91 11 23019334
> Email: pmosb at pmo.nic.in <mailto: pmosb at pmo.nic.in>
>
> 6. Mr. Pranab Mukerjee
> External Affairs Minister
> Government of India
> 172, South Block, New delhi 110011
> INDIA
> Fax: + 91 11 23793704
> Email: eam at mea.nic.in <mailto: eam at mea.nic.in> & diream at mea.nic.in
> <mailto:diream at mea.nic.in>
>
> Thank you.
>
> Urgent Appeals Programme
> Asian Human Rights Commission (ua at ahrchk.org <mailto: ua at ahrchk.org>)
>
>
>
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>
>
> Asian Human Rights Commission
> 19/F, Go-Up Commercial Building,
> 998 Canton Road, Kowloon, Hongkong S.A.R.
> Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367
>
>
>
>
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>
> --
> Dr. Lenin (Ashoka Fellow)
>   Mobile:+91-9935599333
>   Please visit:
>   http://www.universalrights.net/heroes/display.php3?id=101
>   www.pvchr.org
>   www.webspawner.com/users/pvchr
>   www.pvchr.blogspot.com
>   www.sapf.blogspot.com
>   www.antiwto.blogspot.com
>   www.rtfcup.blogspot.com
> www.dalitwomen.blogspot.com
> www.lenin-shruti.blogspot.com
>
>   http://www.thepetitionsite.com/takeaction/930408838


-- 
Dr. Lenin (Ashoka Fellow)
  Mobile:+91-9935599333
  Please visit:
  http://www.universalrights.net/heroes/display.php3?id=101
  www.pvchr.org
  www.webspawner.com/users/pvchr
  www.pvchr.blogspot.com
  www.sapf.blogspot.com
  www.antiwto.blogspot.com
  www.rtfcup.blogspot.com
www.dalitwomen.blogspot.com
www.lenin-shruti.blogspot.com

  http://www.thepetitionsite.com/takeaction/930408838
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