Gauri murder: HC seeks report on 'torture' of accused

Agencies
June 19, 2018

Bengaluru, Jun 19: The Karnataka High Court has directed two magistrate courts here to submit a report on allegations of custodial torture of four accused in the Gauri Lankesh murder case and non-compliance of judicial procedures.

The allegations are "serious in nature" and the Registry of the High Court has been directed to communicate the order to the magistrates of the first and third additional chief metropolitan magistrate (ACMM) courts, Justice K N Phaneendra said when the matter came up for hearing yesterday.

"They should submit a report on the allegations within 10 days from the date of receipt of this order," he said.

In an affidavit, advocate N P Amrutesh alleged that Amol Kale, one of the accused in the case, was beaten, slapped and punched on his cheek by police officers while in custody.

The magistrates also failed to comply with procedures mandated by the Supreme Court regarding persons in police custody, he claimed.

The advocate is representing Kale, Sujith Kumar, Amit Ramachandra Degvekar and Manohar Edave, arrested in connection with the killing of the veteran journalist.

The counsel for the accused also alleged that the magistrate did not order a medical examination even after being informed on June 14 about the torture meted out to one of the accused by the police.

"Instead, the magistrate only recorded injury marks on his body," he said.

The counsel further said similar complaints regarding custodial torture of the other accused were also made on May 31 before the magistrate of the third ACMM, which was neglected.

Hence, he prayed for a court direction to authorities concerned to conduct a medical examination of the accused and a probe into their illegal detention and torture by the police.

He also sought Rs 25 lakh as compensation for each of the accused, besides a direction to the magistrate to record their statements in in-camera proceedings.

On June 12, the high court had issued notices to the Karnataka government, state police chief and police officials concerned in the matters.

It had also directed the police to ensure that the accused were not ill-treated.

Gauri Lankesh, a Left-leaning journalist and a strong Hindutva critic, was shot-dead from a close range by motorcycle-borne assailants in front of her house on September 5 last year.

Comments

Farooq
 - 
Tuesday, 19 Jun 2018

Fake allegation. Its for escaping. 

Sandesh
 - 
Tuesday, 19 Jun 2018

Serious Human Right violation

Kumar
 - 
Tuesday, 19 Jun 2018

Trapped. Now human rights people may start making issues

Danish
 - 
Tuesday, 19 Jun 2018

If he killed, then torture is not enough. Kill him also

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 22,2020

Bengaluru, Apr 22: With seven more people tested positive for COVID-19, the total number of cases now stands at 425 as of date in Karnataka, informed state health department on Wednesday.

Out of the total COVID-19 cases, 17 people have died and 129 have been discharged.
These seven new cases came to light in the last 24 hours.

With 1383 more cases and 50 deaths reported in the last 24 hours, India's total number of positive COVID-19 cases stands at 19,984, said the Ministry of Health and Family Welfare on Wednesday.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 10,2020

Mangaluru, Apr 10: Complaints have been registered after it came to light that the conditional permission to enter the Dakshina Kannada district for non-COVID-19 patients from Kerala has been misused on two occasions.

Police said on Friday that the Patients are allowed into the district after filling an online form and getting it authorised from the medical officer from Kasargod district hospital.

On April 9, a patient had arrvived at the district hospital complaining of head ache. After preliminary check up by the physician he left in an ambulance that had arrived from Kasargod earlier carrying another patient without informing the physician.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.