Posts Tagged ‘Law’

Asks DGP To Ensure Compliance Of Apex Court Directive
GK NEWS NETWORK

Jammu, Mar 29: Taking strong note of the practice adopted by police to handcuff under-trails, a court here has directed Director General of Police (DGP) to ensure compliance of Supreme Court directive in this regard.
Principal Sessions Judge Jammu Kartar Singh issued the direction after observing that several applications have been filed by the under-trails with the prayer to direct police not to handcuff them.
“It is now settled law of the country that handcuffing of the under-trial prisoners is in violation of Article-21 of the Constitution; as it is inhuman and not permissible in civilized society”, the court observed adding that unfortunately the under trial prisoners were being brought to the courts in handcuffs.
“It may be due to the reason that the lawful agencies are ignorant about the law of the country or they are doing it arbitrarily and intentionally and thus committing human rights violation of under trial prisoners”, the court observed adding, “Law enforcing agencies are assisted and guided by the prosecuting wing which is well-versed in law and for the said reason, the courts are not going to accept any excuse in future”.
“The Supreme Court has time and again deprecated practice of handcuffing of accused or under-trials without prior permission from the court concerned or any judicial magistrate and flouting of such directions amounts to contempt for which the law enforcing agencies are accountable and it may also amount to violation of human rights of a person”.
The court directed the state’s Director General of Police to issue appropriate administrative directions in this regard to subordinate officers and officials.

 

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LEGAL EXPERTS QUESTION ‘SELECTIVE USE’ OF IT ACT

By MUDASIR AHMED

Published: Fri, 11 January 2013 , Kashmir Reader

 

Police abuse video: ‘Perpetrators let off, whistle-blower booked’

 

Follow-Up

 

SRINAGAR: Police investigation into the video-clip showing cops brutally thrashing two youths has drawn flak from legal experts here who say that police have filed a case against the whistle-blower instead of the erring cops. On Wednesday, the police registered a case in Baramulla police station after a 2-minute video-clip surfaced showing scores of policemen thrashing two youth before forcing them to strip. The video became viral on social networking websites amid mass outrage.

However, legal experts said that instead of booking the erring cops under assault and criminal charges, police launched investigation on the basis of a controversial law (Section 66A of the Information Technology Act) that is already under fire for its misuse.Prominent lawyer and human rights activist Parvez Imroz, while condemning the police said the video is a “glaring testimony of state-wide torture that is being perpetuated upon half a million Kashmiris.”
“When the same kind of torture was carried out by US forces in the infamous Abu Ghairab prison, there was an investigation against the accused and they were punished. But here instead of registering an assault charges against the erring cops, they have started an investigation against the whistle-blower who has dared to expose the video,” Imroz told Kashmir Reader.
“They have invoked Section 66A which essentially books the individual who has uploaded the video in the first place, thereby giving cover to those who are involved in this brutal act.”
Echoing similar views, J&K High Court lawyer Mudasir Naqashbandi said that Instead of filing a case to find who uploaded this video on YouTube, “police should have booked the cops who are involved in this barbaric act under charges of grievous hurt, wrongful confinement and attempt to murder.”
The Section 66A of the IT Act has no immediate standing in this case because the video clearly shows that cops are involved in this ghastly act. The State Human Right commission (SHRC) should take suo-moto cognizance of this barbaric act committed by cops,” Naqashbandi told Kashmir Reader.
Section 66A of the IT Act reads: “Any person who sends by any means of a computer resource any information that is grossly offensive or has a menacing character; or any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult shall be punishable with imprisonment for a term which may extend to three years and with fine.”
Section 66A was recently in the eye of the storm after it was used by the authorities in Bombay to arrest two young girls. The duo—Shaheen Dhanda, 21, and Renu Srinivasan—who had questioned the Bombay shutdown to mourn the death of Hindu extremist leader and Shiv Sena founder Bal Thackeray on November 17, 2012, were booked under the Act. The case was withdrawn following public outrage.
Although senior police officials are tight-lipped on the video, a police spokesmen, said that they have not used Section 66A to book the person who has uploaded the video on the YouTube and that it is only a starting point for the investigation.
“The Act involves investigating individuals who have committed crimes relating to Information and Technology with a criminal intent, and let us not jump to conclusions here. This investigation under Section 66A will then subsequently lead us to those cops who were seen thrashing the two youth on the video,” police spokesman Manoj Pandita told Kashmir Reader.

See the video below

 

Court lists bail matter for hearing on Monday

Danish Farooq detention case

KT NEWS SERVICE SRINAGAR, and Greater Kashmir

Dec 1: A city court today remanded Danish Farooq to police custody till December 9. Farooq, a ninth standard student arrested by Kral Khud police station in second week of last month under charges relating to stone pelting.
Sources in prosecution said the Chief Judicial Magistrate (CJM) has listed Farooq’s bail application for hearing on Monday. Advocate Babar Jan Qadri, the counsel for Farooq’s family, said the court has listed both bail and contempt matters for hearing on Monday.
On November 30, the Amnesty International (AI) expressed concern over “arbitrarily detention of 16 year-old, Danish Farooq’ and how the authorities are treating him as an adult rather than a child.

Family members of a class 9 student Danish Farooq of downtown here have accused police of detaining their ‘minor’ son in a jail in violation of juvenile norms. However police refuted the family claims, saying Danish is 16 years old and ‘hence not a minor’. The boy has been booked for ‘attempt to murder’ besides other harsh sections.
Danish was whisked away by police personnel of Kral Khud police station on Monday outside lower court here after he was granted bail in another case registered against him in Shaheed Gunj police station, said Danish’s uncle.
“He was first arrested at around 11:30 AM near Gole Market Karan Nagar on 19th of November by police personnel of Shaheed Gunj police station,” he said.
He said Danish was produced in court only after the family filed an application for his release. “We have never had tryst with courts and are unaware of procedures followed there, so we used to make rounds of police station everyday for his release.”
Advocate Babar Qadri, who represented Danish in the case registered in Shaheed Gunj police station, says the boy was slapped with harsh laws. “He was arrested under FIR number 77/2012 under sections 152 RPC, 138 RPC, 148 RPC, 147 RPC. He was rearrested by Kral Khud police station after being granted bail. He is a class 9 student of Tiny Tots School Fateh Kadal. He is a juvenile.”

POLICE VERSION
However, police in a press handout said, “Srinagar police had arrested a notorious stone pelter, Danish Farooq Wani son of Farooq Ahmad Wani resident of Chattabal at present Purshyar Habba Kadal, and presented him before the court. The stone-pelter is involved in number of stone pelting incidents including a petrol bomb attack for which a case FIR no: 26/2012 under section 307, 285, 336/RPC stands registered against him in police station Kral Khud. The accused was arrested and presented before the Hon’ble Court of Sub-Registrar, Srinagar. As per the records of the Board of School Education, the date of birth of the accused is 6/6/1996. The Court remanded him to police custody for not being a minor.”
In a statement, AI demanded his release. AI said Farooq was first arrested on November 19 under sections 152, 138, 148, and 147 of the Ranbir Penal Code (RPC). All charges relate to incidents of “stone-pelting.” After three days of arbitrary detention in police custody without any legal grounds, he was produced in court, which ordered his release on bail. Before any release Farooq was re-arrested on November 23 under sections 307, 285, 336 of the Ranbir Penal Code (RPC ) for “attempt to murder” for his alleged involvement in a petrol bomb attack. According to latest reports, he remains in police custody and it is unclear when he will appear before the local court in Srinagar.
“Farooq’s family has been denied the right to communicate with him or see him, and is currently unaware of his condition. A police representative has told Farooq’s family that Farooq will not be presented in court within the required time period set by law, but will keep him in custody for two months. He has not had access to a lawyer during this time,” AI statement said.
The statement added that India is legally obliged, under the UN Convention on the Rights of the Child (UN CRC), which it ratified in 1992, to establish laws and procedures specifically applicable to children, and to define minors as all individuals younger than 18. “This means that India must ensure no individual younger than 18 years of age is arrested, detained, or tried under ordinary criminal law without the safeguards meant to protect children. However, J&K Juvenile Justice Act, 1997, treats boys over the age of 16 as adults, in violation of the UN CRC and international human rights law. Amendments to the Juvenile Justice Act are currently being discussed by the J&K Legislative Assembly. If these amendments are successful, all children below 18 years of age will be treated as juveniles,” the statement said.
It added that Farooq is a child under an international treaty that is binding on India, and so the manner of his arrest and detention must be compatible with this treaty.
Further, the International Covenant on Civil and Political Rights, which India has also ratified, prohibits the arbitrary deprivation of liberty and among other things provides that states party – including India – must ensure that any person being arrested is brought promptly before a judge or other officer authorized by law to exercise judicial power, the statement viewed.
Amnesty International called on the J&K police to end Farooq’s “arbitrary and unlawful detention, and either release him or produce him immediately before a magistrate”. “If a court decides that he has to remain in detention, Farooq must be moved to a juvenile detention home and be granted all the safeguards and protections guaranteed to children by the CRC and for judicial proceedings to go forward in accordance with international human rights law. He should also be granted, without delay, access to his family, and they should be kept informed of his whereabouts and condition, as well as access to a lawyer of his or his family’s choice,” the statement said Amnesty International also urged the J&K authorities to halt the practice of arbitrary detentions in the state, in particular of children.

Amnesty International reiterated its call to the J&K government to amend the Juvenile Justice Act to bring it at par with the CRC.