Posts Tagged ‘Bail’

BHRPC hails Supreme Court order granting bail to Dr. Binayak Sen

April 17, 2011

The Supreme Court of India granted bail to Dr. Binayak Sen, an internationally recognised human rights defender on 15 April after a prolonged hearing. Dr. Sen was serving life sentence meted out to him on 24 December 2010 along with two others. Dr. Sen was charged with sedition under sections 124A read with section 120B of the Indian Penal Code, 1860. He was also charged with working for outlawed Maoists under sections 8(1), 8(2), 8(3) and 8(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam (Chhattisgarh Special Public Safety Act), 2005 and section 39(2) of the Unlawful Activities Prevention Act, 1967. Barak Human Rights Protection Committee (BHRPC) on 31 January 2011 wrote to the Prime Minister of India and other authorities including the Chief Justice of India urging them to release him and repeal these repressive laws.

BHRPC hails the order of the Supreme Court of India granting bail to Dr. Binayak Sen made on 15 April 2011 and reiterates (See earlier statement) its demands for a thorough and objective inquiry into the alleged conspiracy to falsely book Dr. Sen in order to intimidate other human rights defenders and to repress voice of dissent. BHRPC also urges the authorities in India to immediately release all other human rights defenders who are put behind bars unjustly.

BHRPC further welcomes the statement of Union Minister for Law and Justice that laws of sedition need to be revisited and urges the government to repeal/amend all repressive laws including the infamous Armed Forces (Special Power) Act, 1958. BHRPC expresses its solidarity with Irom Chanu Sharmila of Manipur who has been fasting for more than a decade demanding repeal of the AFSPA.

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False cases filed against HRDs

April 3, 2011

Sadique Mohammed Laskar, member of BHRPC, Shahidul Hoque Laskar, Secretary of Kishan Bikash Samity (KBS), a voluntary community organisation based at Banskandi in Cachar district and its other members were implicated in a false case, their houses were raided and local people of Banskandi were harassed in June 2008.

Kishan Bikash Samity works to expose corrupt officials using the Right to Information Act, 2005. On 4 June 2008 members of the public and students demonstrated front of the office of the Block Development Officer (BDO) of Banskandi to protest against corrupt practices of the officials regarding implementation of the Government welfare schemes exposed by the KBS. Police registered a false case against the demonstrators under section 143, 447, 341, 353, 383, 379 and 487 of the Indian Penal Code, 1860 vide Lakhipur Police Station Case No. 148/08 including 5 members of KBS and 30 other unidentified persons of the locality. Police started wholesale raiding and harassing of the local people. When Sadique Mohhamed Laskar on behalf BHRPC started documenting the rights violations of people during the raids, police threaten him and even raided his house, despite absence of his name in the First Information Report (FIR).

There was preparation to arrest Shahidul Hoque Laskar in order to prevent him to appear as a petitioner before the State Information Commission, Assam (SIC) in an appeal case against the BDO, Banskandi. Sahidul Haque Laskar applied for pre-arrest bail in the Gauhati High Court apprehending arrest though he was not named in the FIR. High Court granted him pre-arrest bail vide B A No. 2447 of 2008. The High Court accepted that the ground for apprehension of arrest is the date of hearing on 17 July 2008 before the SIC and mentioned in the bail order that bail should be granted so as he can appear before the SIC on that day.

The false case is still pending with the police. No report was submitted to the court. No investigation was conducted to unearth the conspiracy to harass and intimidate the HRDs and to bring the perpetrators to justice.

BHRPC wrote to the Uinted Nations Special Rapporteur on the situations of human rights defenders on 14 January 20011.

Illegal Detention and Harassment of a Senior Citizen

January 18, 2011

Illegal Detention and Harassment of a Senior Citizen

A senior citizen named Hussain Ahmed Laskar, S/o Late Twahir Ali Laskar of village Neairgram Pt.-I under Silchar Sadar Police Station in Cachar district in Assam was detained by the Officer-In-charge of the said police station at 3 Pm on 7/10/06.

After some time, when he was contacted and informed of the fact, the Secretary General of Barak Human Rights Protection Committee (BHRPC) visited the police station and came to know that the detainee had come to the Police Station to enquire about the charges of offences against one Habibullah Laskar and others.

Mr. H A Laskar is a retired head master and a respectable person in his village. However, the Secretary General came to know that there is a police case against him vide Silchar Police Station Case No. 1208/06, although, the Hon’ble Gauhati High Court had accorded him pre-arrest bail regarding the case vide BA No. 2401 / 2006 dtd. 27-09-06. As the Secretary General smelt foul play in the offing on the part of the police against the detainee he guarded him physically till 2 AM. The senior citizen was kept sitting and standing and meted out rude behavior the whole night.

Next morning a team from BHRPC led by Advocate Imad Uddin Bulbul, legal adviser to BHRPC visited the police station and rescued the detainee. He was detained illegally for about 23 hours by the police without following the required procedure of arresting persons established by law. The detainee informed that before the visit of Secretary General, police were pressing him hard for Rs. 10,000.00 (Ten thousand) only as the price for his release.