Police a scourge: State Silent!

We have received the following information from Rabi Pradhan, which in our view deserves serious attention of Chief Minister Naveen Patnaik. This report confronts him with how in his regime, the Police has become the scourge. We will welcome his response. Below is reproduction of what Mr. Pradhan has posted in http://cgnetswara.org and preferred us to share:

Police took my brother 18 months back, We suspect they killed him, Pls help…

Rabi Pradhan is talking to Mahesh Samrath from Naranguda village under Tandki Panchayat, Korukonda block Dist.Malkangiri, Orissa, who says police picked his brother in April 2013 and he has not returned home since. The person who was picked with him tells that his brother Tularam was killed by police.

Here hear the audio.

He appeals to Human Rights defenders to help them by giving a call collector@9437030223, SP@9438035100 to tell them about his brother. Rabi@ 8895541417
– See more at: http://www.cgnetswara.org/index.php?id=47639#sthash.Tin4PKaO.dpuf

Advertisements

Scribes stress on action against rowdy medicos and IIC of Mangalabag P.S.

Cuttack based scribes belonging to both the print and electronic media, in a signed memorandum to Orissa’s Director General of Police today stressed on action against medicos who kidnapped two reporters of Naxatra News from the medicine indoor of SCB Medical College on June 15 and tortured them in wrongful confinement for more than two hours. They also demanded stern action against the inspector-in-charge of Police of Mangalabag PS for discernible siding with the rowdy medicos.

DSC_0356

Members of the presidium of Media Unity for Freedom of Press (MUFP) Prasanta Patnaik and Subhas Chandra Pattanayak and coordinator of Save the Samaja Forum Pabitra Maharatha accompanied the aggrieved scribes in a major rally to Police headquarters. In absence of the DGP, the memorandum was received by Additional DGP Mr. Sanjib Marik.

tortured journalist briefs the ADGP

The tortured scribes, Chittaranjan Samantray and Debasis Mohanty gave a detail description of how they were shanghaied into wrongful confinement in a hostel of the medical college by a gang of around a hundred medical students and interns and physically tortured. They were forced to kneel down for hours and then forced to proceed to the same medicine indoor for begging apology before the indoor patients before whom on June 14 they had raised objections to what the house surgeons had said about the father of Samantray.

Samantray’s father was admitted into the medicine ward for treatment. The house surgeons pronounced that the senior Samantray had developed damage in both his kidneys and insisted that he should be shifted to a private hospital. Samantray was shocked, because no pathological investigation had indicated about any damage to the kidneys and he protested. This irked the house surgeons and they started rebuking him in filthy language. An embarrassed and shocked Samantray tried to capture the highly atrocious conduct of the medicos; but obstructed, he went to the unit head and professor of medicine, Dr. Siddharth Das and placed before him his grievances. Dr. Das rushed to the spot and investigated into the matter and as all co-patients of the indoor ward corroborated the allegations raised by Samantray, asked the errant medicos not to work in the same ward. This further irritated the medicos.

When next day, June 15, he had come to attend his father, his co-reporter Debasis had also come with him to meet the professor in his indoor chamber in matter of his ailing mother. Seeing them in the indoor corridor, the miscreant medicos jumped on them and whisked them away into the hostel, where they were kept in wrongful confinement and tortured.

The gory part of the incident is that the IIC of Mangalabag Mr. Shariffudin having come to the spot on SOS message from the affected scribe remained a silent spectator of the torture and willfully neglected to register the FIR filed by them and was later seen entertaining the miscreant medicos in his chamber and registering a parallel FIR filed by them in order to create a confusion in course of criminal justice dispensation.

memorandum

About 50 scribes, while collectively presenting their Memorandum, informed the ADGP that the same IIC is terrorizing them and urged upon him to investigate into his conduct and discipline him. Besides the two victims of medico-police atrocity, the memorialists included, amongst others, Pradip Sahu,Navdeep Das,Cittaranjan Mishra, Satchidanand Behera, Gopal Mohapatra, Matrudatta Mohanty,Prasanta Mohanty, Jyotiprakash Rao, Bikash Sharma, Abhi Mohanty, Amardev Nayak, Rajkishore Panda, Pratap Chandra Sahoo, Devi Prasanna Khuntia, Rajkishore Mohanty, Ch. Jagannath Patra, Satyajit Mishra, Saroj Kumar Mallik,Ajaya Kumar Das, Pabitra Maharatha, Prasanta Patnaik and Subhas Chandra Pattanayak.

The ADGP has assured to take suitable action in the matter and expeditiously.

Grand Reception given to victims of the gang of Samaja occupiers

Mirzapur_podium

Devi Prasanna Nayak and Subash Chandra Singh, President and General Secretary respectively of the trade union of the Samaja employees and Brajabhai, under whose stewardship the down going paper was brought back to rejuvenation around a decade ago, were given a grand reception in a public conference convened by ‘Save the Samaja Forum’ in a densely populated patch of rural Orissa at Mirjapur of Jajpur on May Day, 2013, immediately after they were released from judicial custody.

mirzapur_Pabitra

Pabitra Maharatha, coordinator of SSF initiated the public meeting with a brief description of how release of the trio has proved that for all times to come the miscreants cannot keep the law hoodwinked. He passed on to the participants in the conference the wishes of solidarity sent by eminent journalist Prasanta Patnaik, joint convener of SSF, who, busy in MUFP action against police atrocities on media persons covering the lower Suktel unrest, could not attend the conference.

Chaired by journalist Ranjit Raut, the event was addressed by the representative-in-chief of orissamatters.com Sri Subhas Chandra Pattanayak, the other convener of SSF. Welcoming the three victims of false allegations back to their freedom, Sri Pattanayak praised them for their prudent and principled role in dealing with the illegalities the Samaja employees are subjected to. He gave a detail depiction of how the paper founded by Pt. Gopabandhu, revered and remembered for humanitarianism, is being used against human rights of the employees and how unfair labor practices are rampant in the organization in absence of valid standing orders.

Mirzapur_SCP

Devi Prasanna, Subash and Brajabhai had to suffer loss of their liberty because of a nefarious design engineered by a combine of swindlers of the funds of the Samaja and a pack of police black sheep, taking advantage of a defective judicial system, where the primary court does not think it necessary to go beyond the assortment of accusations to be prima facie convinced that the forwarding officer is not influenced by the accuser, said Sri Pattanayak.

Educationist Benudhar Dobai, and eminent socio-political leaders of the locality Raghunath Das and Laxman Raut expressed solidarity with the trio in their just fight against oppression and against corruption in Utkalmani’s paper, the paper to which the people of Orissa have always emotionally helped.

mirzapur_brajabhai

In response to the reception, Brajabhai informed the public that his positive role in bettering the Samaja has led to exposure of the negative role played by fellows like Manubhai Patel and therefore, in nexus with a corrupt police they have coined concocted cases against him.

Subash Singh said, the workers and working journalists of the Samaja shall continue to treat the paper as their own and therefore, the looters of the Samaja fund and users of the paper in their own interest would continue to treat the employees as their enemies. But the working class shall win and the manipulators shall fail, he said.

Mirzapur_Devi P.Nayak

Devi Prasanna Nayak declared that he shall continue to oppose the killing of the spirit of Gopabandhu in the Samaja set up and thanked the general public for its tremendous support to the employees in their fight for justice.

Amongst others, educationist Binod Bihari Behera, Prashant Dwivedi, Sridhar Sahu,Subash Mishra, Purusottam Das, Kedar Deo, Uday Mallik, Jnanaranjan Aich, Bijay Kumar Das were conspicuous by their participation.

Youth leader Ranjan Deo proposed vote of thanks.

Governor Orders the Government to Assist Lokpal in Probing into Atrociousness of Police in Opposition Rally

Subhas Chandra Pattanayak

We had stood out from others in the media in reporting the atrocious conduct of Police in shattering the program of the main Opposition party for Assembly blockade on September 6, purely on our commitment to honor the people’s right to be informed.

At the summit of debates on the same report, on September 12 we had stressed upon the need for an investigation into whether or not the 6th September violence was government induced even while further digging out to what extent the deliberate atrociousness of the police was visible.

We are glad to report; the Orissa Governor has on September 27 issued an order for a probe into alleged police excesses in the September 6 rally. The Orissa Unit of Congress party, whose congregation was shattered in the violence had moved the Governor in this regard.

The Orissa Lokpal would conduct the probe. In a communication to the Chief Minister, the Governor has asked the Government to extend its full co-operation to the Lokpal in this matter.

Arrest of Bikash Swain: An Instance of Contempt against the Constitution and the Supreme Court

Subhas Chandra Pattanayak

The media community is feeling unsafe under the climate of crime cultivated against the Press in the present regime. The climate is so anti-Press that the Police are encouraged to torture any person connected with media under any pretext anywhere just to send alarming messages that any action disadvantageous to administration can land any media person in jail anytime. Arrest and under-trial incarceration of Suryaprabha publisher Bikash Swain is the latest instance.

Suryaprava is a major daily that adheres to ethics of journalism in informing the public about administration and therefore it exposes instances of maladministration.

Because of this, its publisher Bikash Swain was not in the good books of the Government. Arrested by the Bhubaneswar Police, he is in the prison as an under trial accused.

The founding fathers of our sovereignty were conscious of how Police may misuse its powers against any citizen under personal motive or extraneous influence and dismantle his/her right to personal liberty. Therefore, under Article 21 of our Constitution, it was stipulated, “No person shall be deprived of his life or personal liberty except according to procedure established by law”.

But the procedure save the bare provision under Article 22 (1) was not established by law for long.

In the circumstances the Supreme Court of India formulated the procedure in Joginder Kumar V. State of U.P. and others case in Writ Petition (Criminal) 9 of 1994 wherein the rights of an arrestee were made clear. “No arrest can be made because it is lawful for the Police Officer to do so. The existence of power to arrest is one thing. The justification for the exercise of it is quite another” said the Supreme Court.

Action against Police contemplated by Court

The bench comprising Chief Justice of India M.N.Venkatachaliah and Judges S.Mohan and Dr.A.S.Anand in fact stressed that a Police Officer should be punished if he/she arbitrarily arrests a person.

While holding “No arrest can be made in a routine manner on a mere allegation of commission of an offense made against a person”, it said, “It would be prudent for the Police Officer in the interest of protection of the constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complain and a reasonable belief both as to the person’s complicity and even so as to the need to effect the arrest”.

By putting the words “and perhaps in his own interest” the Apex Court has laid emphasis on punishment in case of absence of justification on “the need to effect the arrest”.

For effective enforcement of the fundamental right to liberty enshrined in Article 21, at Para 26 of the above judgment reported at 1994 CRI.L.J.1981, the Supreme Court mandated three requirements in matters of arrest and ordered that the said requirements “shall be followed in all cases of arrest till legal provisions are made in this behalf”.

The Supreme Court also ordered that the “Directors General of Police of all the States in India shall issue necessary instructions requiring observance of these requirements”. But the requirements formulated by the Court were more ignored than honored.

Therefore, the Supreme Court improved upon these requirements in B.K.Basu V. State of West Bengal in its judgment delivered on 18 December 1996 as reported in (1997) 13 OCR (SC) – 214, stipulating that the new set of requirements must be “followed in all cases of arrest and detention till legal provisions are made in that behalf, as preventive measures” against misuse of Police power in arrests.

When in the first requirement it was made mandatory that the Police personnel carrying out the arrest “should bear accurate, visible and clear identification and name tags with their designations”, in the second requirement, the stipulation was that “The Police Officer carrying out the arrest of the arrestee shall prepare a memo of arrest at the time of arrest and such memo shall be attested by at least one witness, who may either may be a member of the family of the arrestee or a respectable person of the locality from where the arrest is made. It shall also be countersigned by the arrestee and shall contain the time and date of arrest”.

These and other requirements are blatantly and contemptuously contravened in arrest of Sri Bikash Swain.

Token boycott of Assembly Proceedings on July 16 in the Cause of Freedom of Press

MUFP demonstration held as scheduled this forenoon was a huge show of solidarity of all media persons in cause of freedom of press and with journalists attacked by men in uniform and miscreants in nexus with them.

The media persons with placards and slogans demonstrated their wrath on the Mahatma Gandhi Marg before the assembly over administrative apathy to their demands for action against hooligans –official and private – in instances of assault and intimidation resorted to by them to gag the press.

They were shocked to know that the two uniformed men apprehended by the local police for misbehaving with a lady reporter on duty at ISKON car festival point and for injuries inflicted upon her accompanist cameraman including destruction of his camera were enlarged due to inability of the police in prosecuting them. They demanded stern and exemplary action against non-prosecution of the rowdies in uniform in the instant case and called upon the state administration as well as the assembly in session to wake up against the alarming transgression of freedom of press.

The resolved to carry out a token boycott of the Assembly proceeding for one hour when the House commences on July 16 in protest against inaction against the transgressors of freedom of press.

MUFP has thanked all media persons for their historic solidarity and has called upon the reporters and cameramen to stand united in the token boycott of the Assembly proceedings in the first hour of July 16.

MUFP CONDEMNS POLICE RAID ON HOUSE OF JOURNALIST AND WRITER DANDAPANI MOHAPATRA

A large number of members of MUFP family who met under the Freedom Tree this forenoon, unanimously condemned the unwarranted raid in the house of journalist and writer Mr Dandapani Mohapatra at Chungudikhol in Ganjam district on March11, without any search warrant, while Mohaptra was away from home.

Mohapatra is also the General Secreary of Dakhina Orissa Sahitya Sammilani since over past 25 years, and is known for his free thinking and raising voice against corruption and nepotism in the society and administration through his writings.

Mohaptra, who was present at the MUFP meeting narrated how five van loads of police belonging to five police stations, reached his home and virtually terrorised his family members and broke open all the boxes and packets containing books, newspapers and personal documents. They seized some old copies of “Ghadaghadi” magazine (now defunct) and some other magazines, which he had collected and preserved in his personal library. Then the police forced his only son Gautam Buddha Mohapatra to sign on some plain papers. The local Sarpanch was also asked to sign on some plain papers.

During the raid, a police officer had said that Mohapatra’s house was raided because of his links with Naxal leaders.

While returning after conducting the raids for around five hours, Mohapatra informed, the S.D.P.O. Chhatrapur, who was leading the police team, asked Mohaptra’s son to ensure that his father should meet him at Chhatrapur immediately failing which he would have to face serious consequences.

The members of the MUFP felt that this was a deliberate attempt by the police to harass and terrorize the media persons and writers with an intention to shield free flow of news and information, which is a very dangerous phenomenon.

While condemning the police action, the MUFP demanded that the Government should use caution while dealing with media persons and writers and should not harass them physically and mentally in such manner, unless they have enough of evidence against any one. Government should try to realize from the case relating to arrest of Mohana based journalist Laxaman Chaudhury under false and baseless allegations about his ” Naxal link” for exposing misdeeds of the local police, and subsequently the Inspector-in-Charge, Mohana police station had been caught red-handed and arrested by the vigilance sleuths for partnership with a ganja mafia.