State of impunity: nexus of corrupt officials and anti-women suspect criminal in India

State of impunity: nexus of corrupt officials and anti-women suspect criminal in India

Urgent action: need your solidarity

Dear friends,
We started urgent appeal with recent follows statement of Lenin Raghuvanshi and Shruti Nagvanshi:
Hindu fascists and communal forces from other religions of Intelligence agencies, police, media, society and other civil society organizations in India want to destroy PVCHR and finish me & my family. Continuously they are trying to break me psychological and attacked few times physical. But I am remembering quote of Mahatama Gandhi, “You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind.”
http://www.pvchr.net/2013/08/you-will-never-imprison-my-mind.html
Written reply by Lenin Raghuvanshi based on the facts and evidences on the report submitted by the Varanasi Police to the NHRC (ST/ G-NHRC-13/2013/418): http://www.pvchr.net/2013/09/face-of-human-rights-initiative-in-india_6.html
• Mr. Sunil Gupta had a love marriage with his first wife Ms. Soni Gupta in 1995 and approximately after 7 years of the marriage his wife died due to hanging, which also means she was either killed or she herself committed suicide? The tragic death amply proves that Mr. Sunil Gupta has a bias attitude towards women which led to the untimely death of Ms. Soni Gupta. Ms. Sapna Chaurasia has testified, “His previous wife in all probability was forced to take such an extreme step of ending her life just because she could not bear such cruel and inhuman treatment meted out to her. After the incident Sunil Gupta had a compromise deal with the Soni’s family. In the absence of any legal action, Sunil Gupta got a moral boost for his actions”. It is a well known fact that Sunil Gupta has made clouts in the Bhelupur police station, Varanasi in India and using that power for illegal purposes which constitute a serious threat for the “Rule of Law”. A false case with Crime number 199 under section 13, 342, 384, 498 was filed by Sunil Gupta in Bhelupur police station against me and my wife Shruti on 19 June , 2013 which is a clear example pointing to that. Surprisingly, Sunil Gupta filed the same complaint with the office of IG police, Varanasi zone on 21 January, 2013 and the matter was investigated by the Circle Officer, Cantonment area. Sunil Gupta has referred this also in his statement. In his final investigation report (No: CO Cant – CST/RGZ-09-2013) submitted by Mr. Rakesh Kumar Singh, Circle Officer on 20 February, 2013, the allegations leveled by Mr. Sunil Gupta were proved false and baseless. On the basis of same allegations Mr. Sunil Gupta filed a habeas corpus writ petition (No: 8753/2013) in the honorable High Court on which Sapna and her brother Shyam made their statements before the court. Honorable High Court while dismissing the writ petition passed the following order:

“Sunil Kumar Gupta, the husband of the corpus has appeared before this Court along with a five years child who is admittedly born out of this wedlock. The question of his custody may arise but for that purpose, corpus may apply before the proper forum in a separate suit if she is so advised. The petition stands disposed of, accordingly. Corpus is set at liberty she may go anywhere as per her wish and desire. Her husband, Sunil Kumar Gupta, is restrained from making any kind of interference in the peaceful life and liberty of the corpus.
With the aforesaid observations, this petition stands disposed of.”

After the court judgment Sapna sent registered letters to DGP, SSP, SHO- Cant, SHO-Women’s Police Station and SHO-Bhelupur Police Station on 25 March 2013. It is quite astonishing to know that Sunil Kumar Gupta has filed a case in the High Court on behalf of his wife in which he has made District Magistrate, SSP and the UP government via Home Secretary along with me as a party in the case. I was served a notice in the case. It is quite obvious that District Administration and Varanasi Police must also have been served notices for the same. But on 18 March, 2013 but no one was present in the court on behalf of District Administration and Varanasi Police. Varanasi district police also sent a report to the National Human Rights Commission on 10 April, 2013. But the above mentioned facts and the details of the Honorable High Court’s judgment were not taken into consideration as evidences. While Sunil Gupta clearly mentioned about it in his statement to Varanasi police. It proves that Varanasi police is giving additional protection to Sunil Gupta. On 3 December, 2013 Sapna Chaurasia sent a registered complaint letter to the Senior Superintendent of Police and I also sent complaint letters to Senior Superintendent of Police and the National Human Rights Commission on 5 December, 2013. After the notice of Honorable Human Rights Commission and reminder from the Home Ministry, Varanasi Police filed a case with No: 4/13 under Sections 328, 511, 498 A, 323 and 504 of the Indian Penal Code. At the same time before 10 April crucial sections namely; 328, 511of the IPC were removed from the case list. While under the other sections the case was referred to the mediation center in Varanasi by the government order in which 11 April, 2013 was mentioned as the date for mediation. A day before this, on 10 April, 2013 report was also sent to the honorable Human Rights Commission. This action also makes it clear that Sunil Gupta was being protected by the Varanasi police. At the first stance the FIR was filed after three months and within less than one month of time two crucial sections were removed from the charges and the whole matter was made out to be a case for mediation. An FIR on the same charges was filed in Bhelupur police station against those who were pleading the case on which police investigation had already been completed and the honorable High Court had passed its judgment. Therefore an FIR under section 166 A of IPC should be registered against the police officials of Varanasi police responsible for this act. In this connection on 20 June 2013, I have sent my statement before my death through a registered letter as well as through E Mail to DGP-UP, Chief Minister of Uttar Pradesh and Chairperson, National Human Rights Commission in which I have clearly mentioned that Varanasi SP (City), corrupt officials of Cant police station, corrupt non government organizations along with anti women elements could conspire to eliminate me physically. On 24 January, 2013 I also issued an urgent appeal to conduct a high level enquiry by CBI or CB-CID and sent my petition to various police officials and the National Human Rights Commission. I made accusations for an imminent threat on my life and security along with attempts to implicate me in fabricated legal cases but no action was taken on my complaint. On 19 June 2013 on the basis of a letter written to Chief Medical Officer by Sunil Gupta, a case was filed against me and my wife Shruti. On 23 June 2013 I informed the DGP- UP, Chief Minister of Uttar Pradesh and Chairperson, National Human Rights Commission about death threats and attempts to falsely implicate me through a registered letter and E Mail. Meanwhile on 26 June 2013 I held a meeting with the honorable Chief Minister of Uttar Pradesh at his residence and DGP- UP with a representative committee having 8 members and I gave an application for investigation and action on this incident along with several other issues. On the same evening I got a phone call threatening to implicate me in a rape case and I informed about it through social networking site Face Book. I sent my complaint regarding calls threatening to implicate me in false cases and my murder, through registered letter to various officials of the honorable National Human Rights Commission. http://www.pvchr.net/2013/01/india-threats-to-human-rights-defenders.html
But no action was taken and after that on 24 April 2013 I was attacked with weapons with a clear intention to kill. A case was registered with case no: 359/13 under sections 307, 452, 341, 323 on 25 April, 2013. Even after the registration of the case no investigating officer came to investigate even once. After that Sunil Gupta and his gang started attacking my wife with slanderous remarks by creating an account in Face book. They also made objectionable and unethical remarks on my cousin sister’s marriage terming as a high profile NGO party by using photographs from my wife’s face book account for which Shruti filed a case with Crime no: 418/13 in Cant police station under sections 66 G, 66 GH and 67 B of the IT Act. On that complaint investigating officer visited us only once. On 13 May, 2013 I wrote a letter to the Senior Superintendent of Police, Varanasi informing about it. On 18 June, 2013 I wrote a complaint to the IG, Varanasi Zone informing him that Sunil Gupta has threatened the relatives of Sapna to make a compromise otherwise she would have to face consequences. While talking about the gang war he claims to be a member and close confident of Munna Bajrangi gang https://en.wikipedia.org/wiki/Munna_Bajrangi.
http://www.youtube.com/watch?v=yxiQqVQHWP0 The conversation had been recorded and produced before the police official. The matter is being investigated by the Circle Officer, Cant Police Station, Varanasi. My statement has also been recorded and further action is awaited in the matter (CST/RTZ 997-13, June 23, 2013, Senior Superintendent of Police). On the complaint of Shruti, the District Probation Officer has already sent a letter to the Senior Superintendent of Police to take action on the matter (Letter No: 2572-73/ Dist/ Pro/ Office/ SSP/Complaint/2012-13).Once again by disregarding the order of Honorable High Court Sunil Gupta gave a complaint to District Collector, Varanasi and asked District Probation Officer to start investigation against me once again (Letter No: 778-9/Dist/Pro/Off/Complaint/Investigation/2013-14/ Dated 17, June 2013). Before all this I and Sapna had already submitted our prayer to take action against Sunil Gupta under section 182 of IPC. It is to be noted that Sunil Gupta can harass me and my organization with the connivance of corrupt police, corrupt lawyers, corrupt media and corrupt officials, so one can only imagine the fate and condition of Sapna and her family. One day Sunil Gupta forcibly abducted Sapana’s younger sister Soni and she could be freed only after her brother Shyam interfered in the matter. In its investigation report on 10 February, 2013, Bhelupur Police station, Varanasi wrote to the Senior Superintendent of Police, Varanasi that when the missing girl was found, Lenin Raghuvanshi neither informed the police nor he informed the higher officials whereas on 3 December, 2012 Sapna immediately sent a registered letter to the Senior Superintendent of Police, Varanasi informing about it. The same complaint was sent to the honorable National Human Rights Commission on which the commission sent a notice to the Senior Superintendent of Police, Varanasi on 15 December, 2012. Before 10 February, 2013 the committee has written letters to many higher officials. But contrary to expectations, the Bhelupur police station acting like a court and without recording my and Sapna’s statements decides on its own which clearly indicates the influence Sunil Gupta has on the officials of Bhelupur police station.

• On 24 January, 2013 it has been demanded in written from National Human Rights Commission that an enquiry from the CB-CID should be set up in this case. In this case I was physically attacked in attempts to save the life of the victim. I had to approach the High Court in a false case. False case was filed against me and Shruti. I was defamed in the social networking site. It all happened because I am a human rights worker. I filed a complaint in the National Human Rights Commission but the ‘Human Rights Defender Desk’ at the commission did not take appropriate and legal steps.
• Sapna revealed in her testimony, “I was kidnapped approximately after 4 days and after completing marriage formalities they took me to home. My mother was alone at home; she could not do anything because she was frightened by his power”. Sapna also told that they forced her to sign on a paper and this happened in a hotel. She said “I know one can get notary papers signed forcibly at home”. The matter should be investigated whether notary register carry the signatures of Soni Gupta and Sapna or not?
• The other fact is that in 2012 the age of Sapna was 23 years and during 2005-6 her age must have been 15 to 16 years. At that time, this marriage is clearly a case of child marriage which is illegal under Indian law. But Varanasi police continues to hide this fact. Whereas this is a case of forced marriage which was agreed upon due to pressure and fear? Sunil Gupta’s influence within the police administration can be found in his statement where he says he get the call details of his wife. SP (city) police office does not even care to know the matter that how he manages to get the call details. It should be mentioned that Sapna has been nominated in the category of crusaders of women’s rights in the Hindustan Times and her name was also published in the daily. Sapna was also honored with a certificate presented to her by Member of Parliament, Mrs.Dimple Yadav and the famous film actress Shabana Azami . Therefore, action should be taken against the police officials under section 166A of IPC.
• In the evidence scrutiny no: 3 police has told that the evidence given by Sunil Gupta shows that Sapna’s medical treatment with drugs started in 2010 while their marriage took place in 2005. So clearly in the span of 5 years she was tortured and also forcibly given alcohol and administered injections. When Sapna’s condition deteriorated, she was taken to a doctor. The doctors diagnosed her with “Adjustment disorder”“An Adjustment disorder occurs when an individual is unable to adjustment to or cope with a particular stressor, Like a major life event,”.It has been stated further, “Unlike major depression however the disorders is caused by an outside stressor & generally resolve once the individual is able to adopt to situation”. The police should have managed to detect the “Adjustment disorder”. It also means that Sunil Gupta worked as an Outside Stressor, tortured her, gave her drugs and injections and oppressed her. When she became too sick then took her for treatment. It is also a fact that false case against me and Shruti was filed based on the letter addressed to the Chief Medical Officer. This also reveals an open nexus between the doctors, Sunil Gupta and the police. Therefore it is prayed that action should be taken against anti women gang under the law along with an enquiry by the Independent agency.

• Sunil Gupta has accused that Sapna ran away taking jewellery and cash with her in November 2012. Then in July 2012 why did he make a claim for Vidavidai (ceremony performed when wife goes to her parental home) in the family court. Sunil Gupta is a cunning and anti women person.

• On 20 December, 2012 Sunil Gupta came to my residence and threatened me. I have already sent a registered complaint letter to various higher authorities. Again on 16 February 2013, I got a threatening call on my mobile which I already reported to the Senior Superintendent of Police, Varanasi through a registered letter. Meanwhile, Sunil Gupta sent a letter to the IG on 21 January 2013. Before this Sunil Gupta did not provide any information of the previous incidents to any police authority. This fact has neither been registered by investigating officers nor been included in the evaluation of police report. It clearly shows that a corrupt section of police department, corrupt gang of lawyers and some anti social elements have joined together in their efforts and facilitated to send this letter to the IG police. There was an enquiry on this matter and Circle Officer Cant police station submitted his report. But on my complaints filed on 20 December, 2012 and 16 January, 2013, even my statement has not been recorded so far. This also proves a close nexus of local police with Sunil Gupta. Even on the complaint letter written to the honorable National Human Rights Commission related to threats given to me, no action has been taken so far.
• Sunil Gupta came to Cheers Bar along with my school mate Pawan Singh. This incident took place on 2 January 2013 and it has been mentioned in the report of Circle Officer Cant. After 18 days on 21 January, 2013 this incident was reported by Sunil Gupta. Neither the Honorable High Court nor the Varanasi police took note of this delay in filing the complaint. In this case, rule of law has been flouted by the power of money and corruption. Police has investigated and falsely claimed that I called up Sunil Gupta through my mobile. Police is shielding the accused in the matter.
• Woman Protector Ahilya Bai has accepted carrying out search operation. Ahilya Bai searched Sapna at the behest of Sunil Gupta and then put pressure on her. The objective of Women Support Cell is to help women. In this case, laws under the Domestic Violence Act 2005 have been completely violated. Ahilya Bai also pressurized me and even humiliated me during the recording of my statement. I have sent a registered written complaint to the Senior Superintendent of Police, Varanasi on 19 January, 2013.

Conclusion:
• By terming the mental and physical exploitation of Sapna Chaurasia as controversial and a case of personal disagreements in its investigation report, the Varanasi police are trying to hush up the matter. A corrupt section of the police is opposed to any move to defend human rights issues. After the initiative of National Human Rights Commission on a complaint filed on 5 December, 2012, a case was filed against Sunil Gupta (case no: 04/2013 under section 328/511/498A/323/504/506 of IPC) on 13 March, 2013 but two crucial sections namely 328/511 were removed from this case by the Varanasi police. The fact is that this marriage took place in 2005 but Sapna was taken to a psychiatrist for treatment in 2010. The psychiatrist diagnosed Sapna suffering from Adjustment disorder which is caused by the Stressor. In this case Sunil Gupta is the prime cause for such stress. Unfortunately the police removed both the crucial sections from the case which help in this kind of offences.

• This police report was sent on 10 April, 2013 but it does not mention the order passed by the honourable High Court. In this order the honourable High Court dismissed the charge sheet sent to the IG police, Varanasi on 21 January, 2013 and declared Sapna to live her life independently and ordered Sunil Gupta not to interrupt in her peaceful live. The police report does not even refer the report given by Circle Officer, Cant police station. In the report Sunil Gupta was never asked the question that why the complaint of the incident happened on 2 January, 2013 was not filed before 21 January, 2013? I filed a registered complaint regarding the threats I received on 16 January, 2013 but no action was taken on my complaint. Even no one recorded my statement. I sent letters to honorable National Human Rights Commission on 20 December, 2012, 16 January, 2013 and also on 25 January, 2013. But the Commission did not take any step to for the security of human rights worker as a result I had to approach the High Court. On 19 June, 2013, a crime no: 193/13 under sections 342, 384, 498 of IPC was filed against me and Shruti in Bhelupur police station. I had a lethal attack on me and Shruti’s dignity was hurt by a sustained campaign in the social networking site, Face Book. The progress details of the investigation on this registered case no: 359/13 and 418/13 are not being shared with the complainant. On 19 June, 2013 I was again threatened, I lodged a complaint but nothing happened. As a result of this torture and constant pressure Sapna’s mother expired on 28 March, 2013. It is quite evident that the approach of Varanasi police has been anti-women and its actions are directed towards torturing and destroying the lives of human rights workers.
• We want that NHRC should summon me, Shruti, Police Officials and Sunil Gupta before a full-bench of commission and start proceedings. The Commission should strengthen its Human Rights Defender Desk. Investigations should be carried out after filing the First Information Report on the threats received on 20 December, 2012 and 16 January, 2013 and compensation should be given to the mentally tortured victim,; Sapna and other human rights workers. The whole case should be handed over to Central Bureau of Investigation (CBI) for freed and fair investigation and action should be taken against the police officials responsible for injustice under section 166A of Indian Penal Code.

Discriminatory attitudes and lack of sensitization to the dynamics of crimes involving sexual or domestic violence leave victims without critical police aid or redress to which they are entitled. The police attitude that domestic violence is primarily of a private nature is the most unfortunate trivialization of a grave social evil, that too, when the police are empowered to arrest the perpetrator without any warrant.

The Protection of Women from Domestic Violence Act, 2005, was enacted to augment women’s immediate protection from violence through emergency relief, including access to temporary protection order and domestic violence shelters.

In reality, the situation, however, depicts a complete reversal. The lawyers and activists say that due to poor implementation of the law, women facing imminent and life threatening violence remains hostage to police attitude. This attitude of the police perhaps stems from its traditional legacy of „rule of lords‟, the same as its colonial masters. This is the common bond between the police and the feudal lords in India, which do not believe in the concept of welfare state.
http://lib.ohchr.org/HRBodies/UPR/Documents/session13/IN/PVCHR_UPR_IND_S13_2012_PeoplesVigilanceCommitteeonHumanRights_E.pdf

We launched the Satyagrah (http://en.wikipedia.org/wiki/Satyagraha) against drug Mafia, Sex mafia, police atrocity and apathy of cases against Human Rights defenders in various part of Uttar Pradesh. This satyagrah started on 15th August, 2013 and continues for four days in front of street of PVCHR office and on 19th August, 2013 at District Head Quarter, Varanasi.

• 23rd August, 2013 Baghwanala, Hukulganj, Varanasi
• 24th August, 2013 Robertsganj, Sonbhadra
• 25th August, 2013 Nehru Yuwa Kendra, Harhuwa
• 26th August, 2013 Parmandapur Arajiline, Varanasi
• 27th August, 2013 Saraimohana, Chairaigaon, Varanas
• 28th August, 2013 Badagaon, Varanasi
• 29th August, 2013 Pindra, Varanasi
• 30th August, 2013 Rampur, Jaunpur
• 31st August, 2013 Bazardiha
• 1st September, 2013 Aligarh
• 2nd September, 2013 Moradabad
• 3rd September, 2013 Meerut
• 18th September, 2013 culmination of Satyagrah in Lucknow at Vidhan Sabha Bhawan

If you want to support and unable to attend please light a candle in your area, office and home for rule of law in India and protection of Human Rights defenders and write letter to Government of UP (cmup@nic.in) for rule of law in India and protection of Human Rights defenders.

PLEASE SEND YOUR LETTERS TO:

1. Chief Secretary
Government of Uttar Pradesh
Shri Lal Bhadur Shastri Bhavan
Lucknow 226001, Uttar Pradesh
INDIA
Fax: +91 52 2223 9283
Email: csup@up.nic.in

2. Director General of Police
1-Tilak Marg, Lucknow
Uttar Pradesh
INDIA
Fax: + 91 522 220 6120 / 220 6174
E-mail: police@up.nic.in

3. Chief Minister
Government of Uttar Pradesh
Chief Minister’s Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in

4. Inspector General of Police
Varanasi Zone
Varanasi, Uttar Pradesh
INDIA
Email: igzonevns@up.nic.in

5. Senior Superintendent of Police
Varanasi, SSP Office
Kachahari, Varanasi, Uttar Pradesh
INDIA
Email: sspvns@up.nic.in

6. Mrs Margaret Sekaggya
Special Representative of the Secretary General for human rights defenders Att: Ben Majekodunmi
Room 1-040
C/o OHCHR-UNOG, 1211 Geneva 10,
SWITZERLAND
Tel: + 41 22 917 93 88
Fax: + 41 22 917 9006
E-mail: urgent-action@ohchr.org

7. Chairperson
National Human Rights Commission
Manav Adhikar Bhawan, Block-‘C’, GPO Complex, INA, New Delhi – 110023
Fax No. +91-11-23384863
E-Mail: covdnhrc@nic.in, ionhrc@nic.in, jrlawnhrc@hub.nic.in, chairnhrc@nic.in

8. Hon’ble President,
President of India,
Rashtrapati Bhawan,
New Delhi – 110001,
India.

9. The Registrar,
Supreme court of India,
Tilak marg, New Delhi – 110001 – India.
Tel – +91-1123388922 – 24, 23388942 – 44,
Fax no. – +91-1123381508, 23381584,23384336 / 23384533 / 23384447.
Email – supremecourt@nic.in

10. The prime minister,
Prime minister of India,
South block, Raisina hill,
New Delhi – 110011, India.
Tel – +91-1123012312,
Fax – +91-1123019545 / 23016857.
Email: pmosb@pmo.nic.in

11. Hon’ble Chief justice,
High court, Uttar Pradesh,
1, Lal Bahadur Shastri marg, Allahabad,
Uttar Pradesh – India.

12. District Magistrate
Varanasi
Uttar Pradesh
INDIA
Fax: +91 54 2234 8313
E-mail: dmvsn@satyam.net.in

13. Special Rapporteur on Violence Against Women
OHCHR – UNOG
8- 14 Avenue de la Paix
1211 Geneva 10,
Switzerland
Fax No: +41229179006
Email: vaw@ohchr.org

Thank You

Urgent Appeal Desk, PVCHR
(pvchr.india@gmail.com)
www.pvchr.asia