Wednesday, May 20, 2015

Urgent Appeal Re. Human Rights Defender / RTI Activist threatened further by police after NHRC’s action on his complaint regarding the murderous assault on him by SHO and other policemen.

Urgent Appeal Re. Human Rights Defender / RTI Activist threatened further by police after NHRC’s action on his complaint regarding the murderous assault on him by SHO and other policemen.

  

Sanjay Sharma

<tahririndia@gmail.com>
Wed, May 20, 2015 at 11:10 PM
To: hrd-nhrc@nic.in, cmdelhi@nic.in, csdelhi@nic.in, seclg@nic.in, delpol@vsnl.com, cp.bsbassi@nic.in, dcp-southwest-dl@nic.in

To,
1-      Shri A. K. Parashar
Focal Point - Human Rights Defenders & Joint Registrar
National Human Rights Commission
ManavAdhikarBhawan,
Block-C, GPO Complex, INA,
New Delhi – 110 023
Email: hrd-nhrc@nic.in

2-      Shri.ArvindKejriwal,
Hon’ble Chief Minister of Delhi
Govt. of NCT of Delhi
Secretariate, New Delhi.
cmdelhi@nic.in

3-      ShriKewal Kumar Sharma
Chief Secretary of Delhi
Govt. of NCT of Delhi,
Secretariate,New Delhi.
Ph: 011-23392100
Fax: 011-23392102
E.mail: csdelhi@nic.in

4-      Smt. NutanGuhaBiswas,
Principal Secretary to Lt. Governor of Delhi,
6, Raj Niwas,
Civil Lines,Delhi – 110 054
Ph: 011-23962988, 23941458
Fax: 011-23920225
seclg@nic.in


5-      Commissioner of Police,
Police Headquarters,
M.S.O.Building,
New Delhi – 110 002.
delpol@vsnl.com
cp.bsbassi@nic.in

6-      The Deputy Commissioner of Police
South West Delhi
dcp-southwest-dl@nic.in

Letter No. TAHRIR/2015-16/150520/RTI HRD DELHI/06
       Dated 20th May 2015

Sub:  Urgent Appeal Re. Human Rights Defender / RTI Activist
threatened further by police after NHRC’s action on his complaint
regarding the murderous assault on him by SHO and other policemen.

Sir/Madam,


TAHRIR ( Transparency, Accountability & Human Rights initiative for
revolution ) is a  Bareilly/ Lucknow based Social Organization,
working at grass-root level by taking up & solving issues related to
strengthening transparency & accountability in public life and
protection of Human Rights in India.


We are now writing to express our grave concern regarding the threats
issued to Lalit Mohan Sharma, a Human Rights Defender and RTI Activist
by police after the NHRC initiated action on his complaint regarding
an incident of brutal assault, foisting of false case etc. by the
Station House Officer of Farsh Bazaar Police Station, East Delhi.


Source of Information on the Incident:
Lalit Mohan Sharma, the Human Rights Defender himself.



The Human Rights Defender:
Mr. Lalit Mohan Sharma is a noted Human Rights Defender from Delhi and
has been an RTI Activist too for the past 10 years. He is also the
General Secretary of RWAs Federation Delhi East. He has been involved
in activism regarding police action in issues like theft and
extortion, snatching, dacoity, trespassing, burglary, unlawful entry
of heavy goods /transport vehicles and other law and order and crime
related problems which invited the wrath of the law enforcement
officials.


Mr. Sharma is also a member of HRDA and has been a participant in the
training program for Trainers of Human Rights Defenders organized
jointly by HRDA, Working Group on Human Rights in India and the UN
(WGHR) and Forum Asia in December 2014.


The Perpetrators:
The Police – mainly Mr. Harish Chander, the Station House Officer of
Farsh Bazaar Police Station, East Delhi. He was assisted by the
following policemen in torturing the Human Rights Defender
Vijay Kumar, Sub Inspector
Ombir, Sub Inspector,
Satender Singh, Head Constable
Suresh Kumar, Head Constable
Raj Kumar, Head Constable
Sandeep, Constable
Sonu, Constable
Sombir, Constable
Satpal Singh Khokhar, Constable
Pradeep, Constable


Date of Incident:
Incident of assault: 29.06.2014
Threats being issued currently after report sought by the NHRC


Place of Incident:
In New Delhi, India


Incident detail:
According to the source, Lalit Mohan Sharma was subjected to brutal
assault by the Perpetrators mentioned supra from 29.06.2014 by
policemen irked by his human rights work for which they had been
threatening him with dire consequences on 12.03.2014. Following the
assault in Police custody he was framed under false charges and was
remanded to judicial custody. In the said incident the defender had
sustained injuries to his eardrum, head, neck, back and hips.

A complaint on the above incident is already before the NHRC for its
consideration on the directly from the victim dated 07.07.2014 (NHRC
Case No.: 5420/30/2/2014).

We are also aware that the response from the Deputy Commissioner of
Police,  Delhi sought by the Commission in response to the above said
complaint has not only been received  by the NHRC but also been duly
shared with the victim.



Appeal :
We, therefore urge you to immediately intervene and ensure that
•         Since there is clearly a serious clandestine engagement of
senior  police officers who have directed the concerned police
officers named for their human rights violations, the Commission calls
for an investigation undertaken by the investigation wing of the NHRC
headed by an officer of the rank of an IG of Police since senior
police officers have  an indirect hand in this incident;
•         The concerned officer who has chosen to provide a response
to  the Hon'ble Commission is requested to provide an affidavit
stating the facts and also make available the copy of the enquiry
report that he relies upon in his response to the NHRC;
•         Once a preliminary investigation reveals the culpability of
the police, the Commission not only orders for interim compensation to
be passed pending the final compensation;
•         Further orders are passed immediately assuring no threats to
the life of the HRD are also passed to ensure that the victim is not
further harassed;
•         Since  this is a complaint from an HRD, steps be
immediately provided by the NHRC by asking the Delhi  State Legal
Services  Authority to provide the services of a senior lawyer  on the
 criminal  side to assist the victim /HRD in filing a prosecution
against the concerned  police officials;
•         The Delhi police authorities are required by a specific
direction that all senior IPS officers separately and all other non
IPS officers are required to be trained on the rights of HRDs and then
are mandated to undertake such trainings for all policemen and
officers under the Delhi police.
•         The NHRC passes any other orders that it deems fit and
necessary  in the facts  of this  case and thus render  justice.
•         Ensure that the Police in Delhi Conforms with the provisions
of the UN Declaration on Human Rights Defenders, adopted by the
General Assembly of the United Nations on December 9, 1998,
especially:
- Article 1, which states that “everyone has the right, individually
and in association with others, to promote and to strive for the
protection and realisation of human rights and fundamental freedoms at
the national and international levels”
- Article 12.2, which provides that “"the State shall take all
necessary measures to ensure the protection by the competent
authorities of everyone, individually and in association with others,
against any violence, threats, retaliation, de facto or de jure
adverse discrimination, pressure or any other arbitrary action as a
consequence of his or her legitimate exercise of the rights referred
to in the present Declaration”;
•       More generally, ensure in all circumstances the respect for human
rights and fundamental freedoms in accordance with in accordance with
the Universal Declaration of Human Rights and with international human
rights instruments ratified by India is strictly adhered to in Delhi.

Looking forward to your immediate action in this regard,

Truly yours,
Sanjay Sharma سنجے شرما संजय शर्मा
( Founder & Chairman)
Transparency, Accountability & Human Rights Initiative for Revolution ( TAHRIR )
101,Narain Tower,F Block, Rajajipuram
 Lucknow,Uttar Pradesh-226017
https://www.facebook.com/sanjay.sharma.tahrir.india
Website :http://tahririndia.blogspot.in/
E-mail : tahririndia@gmail.com
Twitter Handle : @tahririndia
Mobile : 8081898081

 TAHRIR ( Transparency, Accountability & Human Rights initiative for
revolution ) is a Bareilly/Lucknow based Social Organization, working
at grass-root level by taking up & solving issues related to
strengthening transparency & accountability in public life and
protection of Human Rights in India.   तहरीर (पारदर्शिता, जवाबदेही और
मानवाधिकार क्रांति के लिए पहल  )  भारत में लोक जीवन में पारदर्शिता
संवर्धन, जबाबदेही निर्धारण और आमजन के मानवाधिकारों के संरक्षण के
हितार्थ  जमीनी स्तर पर कार्यशील संस्था  है  l

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