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Editor : nagaraj.M.R.................vol.2
issue.35...................... 11/11/2006
editorial :AN APPEAL TO H.E.PRESIDENT OF INDIA
- TO STOP ATROCITIES AGAINST DALITS
In India , even today after 59 years of independence & democratic
governance , the plight of DALITS , TRIBALS , DOWNTRODDEN & POOR has
not improved . in fact it has worsened . the government & public
servants just pay lip service to dalits & have totally failed to
uplift them in 59 years of independence . the public servants want
dalits to be as such to ride over them & to use them as pawns in power
politics , as a vote bank. let them answer how many dalits have become
supreme court judges in india . even today in india , the practice of
carrying human excreta on head still persists . what is the use if
india becomes an IT POWER or knowledge base . what is the use if india
sends it's own satellites on it's own rockets ot space . did those
scientific achievements has devolved , percolated to dalits & poor in
the society , has it benefitted them ? NO . JUST SEE THE RECENT
ATROCITIES AGAINST DALITS IN KADAKOLA , KARNATAKA & KARLINJARA ,
MAHARASHTRA. HAVE YOU FORGOTTEN THE PAST ATROCITIES AGAINST DALITS IN
BADANAVALU & KAMBALAPALLI , KARNATAKA.
THIS IS AN APPEAL TO OUR HUMBLE , HUMANE FIRST CITIZEN H.E.PRESIDENT
OF INDIA , TO HELP DALITS & POOR IN DISTRESS , OVERCOMING THE CASTEIST
, GREEDY PUBLIC SERVANTS WHO SORROUND HIM & GIVE ADVICE TO HIM.
JAI HIND. VANDE MATARAM.
YOUR'S SINCERELY,
NAGARAJ.M.R.
PRACTICE OF UNTOUCHABILITY BY EDUCATIONAL INSTITUTIONS IN INDIA
- VIOLATION OF HUMAN RIGHTS OF DALITS
In india , rich people belonging to forward castes form educational
trusts , proclaiming that they want to serve the society by providing
education to all irrespective of caste or creed. By this declaration
they get Civic Amenity sites from government authorities at
concessional rates. Further they get tax , duty exemptions on
materials , machines they import for the educational institution.
However , while admitting students they are purely commercial minded ,
the highest bidder gets the seats.
IF AT ALL THE SOLE AIM OF THESE INSTITUTIONS IS COMMERCIAL – LET THEM
BE REGISTERED AS COMMERCIAL BODIES , ASK THEM TO GET SITES AT
COMMERCIAL MARKET RATES , ASK THEM TO PAY TAXES ON MATERIALS ,
MACHINES & THEIR YEARLY INCOME. ENFORCE MINIMUM WAGES ACT , GRATUITIES
ACT , P.F & ESI ACT TO THESE INSTITUTIONS WHO ARE PAYING A PITTANCE TO
THEIR STAFF.
Some institutions like industrial training institutes ( I.T.I) ,
polytechnics , engineering colleges & medical colleges run by trusts
floated by forward castes lack basic infrastructure , to teach
students properly , they only appoint staff belonging to thier castes.
Dalits , minorities , weaker section people are not at all selected.
They don't publicly advertise for vacancies. They fill all posts with
thier own caste people & finally even get government grant in aid. How
? These institutions are getting affiliations , yearly approvals form
the government , how ? actually they should have been shut. These
trusts want government backing for tax exemptions , lands at
concessional rates ,monetary benefits , etc , however the same trusts
are not willing to implement the social welfare objectives of the
government , by providing seats to weaker sections , by providing
appointments to dalits few posts in all category of positions
( not just group D - dalits are also brilliant & capable of performing
all jobs, they have proved it ).
Hereby , we urge honourable prime minister of india , government of
india & honourable chief minister of karnataka , government of
karnataka to :
1. before giving lands at concessional rate , tax exemptions , to any
educational trusts the government must ensure that the trust must
adhere to the social welfare norms of the government from day one.
2. Before giving affiliations to educational institutions the govt
must ensure , are the institutions are providing sufficient
infrastructure to students ?
3. Before giving grant in aid to any institution , the government must
ensure have the management provided jobs to dalits , minorities , etc
as per norms from the day one . if not grant in aid should be
rejected. Here there is no meaning in giving reservation of jobs in
future appointments in those institutions , as all the posts are
presently filled with forward castes , there is no expansion projects.
So , dalits have to wait for another 30-40 years to get the vacancies
in those institutions after the retirement of forward caste employees
, which is not at all practical or realistic .
4. In karnataka state , numerous Industrial Training Institutes ( ITI)
have mushroomed , some don't even have basic infrastructure. Still
they are running the show , how ? these ITIs run by forward caste
people have appointed only their caste people to all posts , not even
a single dalit is there. Still they have got government grant in aid ,
how ? we urge honourable chief minister of karnataka , to look into
this & in future to provide grant in aid in aid to only those I.T.Is
which have proper infrastructure & dalits , weaker section employees
on their pay-rolls.
5. To order all educational institutions to make public announcement
of vacancies in their institutions even though not covered under
grant in aid , as they have already taken sufficient monetary benefits
from the government.
6. To order all educational institutions , to admit students as per
government rates of fees. Some institutions are fleecing higher fees
from the students , but are giving receipts for lesser amount only.
7. If any educational institutions don't agree with the government
norms , those institutions must be asked to be registered as
commercial bodies , no tax exemptions , lands at concessional rates ,
allotment of CA sites should be given to them by the government.
By these measures alone poor & weaker section people will get justice
. you are aware of merited but poor students committing suicides year
after year , CET fiasco - due to their financial inability to join
medical or engineering colleges. Numerous similar cases are there with
regard to admission to ITIs . polytechnics. The greed & casteism of
these educational institutions is reigning high. In the positive hope
that you will be kind enough to put an end to this menace. Jai hind.
Vande mataram. Thanking you.
Your's sincerely,
Nagaraj.M.R.
DALITS, LIKE FLIES TO FEUDAL LORDS
A Maharashtra village serves up `moral justice' by gang raping and
lynching a dalit family. That didn't merit front page news in
21st-century-10-percent-growth-rate India. Shivam Vij reports
On September 3, Siddharth Gajbhiye finally paid the price for helping
dalits in a clutch of villages in Bhandara district near Nagpur in
Maharashtra. A dalit himself, Gajbhiye is a police patil, an associate
of the police hired on an honorarium, and has political connections in
the Congress. This gave him some leverage to be of help to the
sprinkling of dalit households who lived in constant fear of the upper
castes. One such family was that of Surekha Bhotmange, 45, who tilled
her five-acre plot in Kherlanji village, along with her husband
Bhaiyyalal, growing cotton and rice. In 1996, two acres had been taken
away as `easement area' to build a road, so that neighbouring farmers,
who belong to the Powar and Kalar upper castes, could take their
tractors across to other villages. Now they wanted more of their land
for a water pathway, and Gajbhiye was helping Surekha resist that,
despite allegations that he was doing so because he had sexual
relations with her. Gajbhiye and Bhotmange were in fact cousins,
belonging to the Mahar caste, the same as Ambedkar's, and
werepractising Buddhists in the Ambedkerite tradition.
On September 3, a mob beat up Gajbhiye, the ostensible reason being
his alleged illicit relationship with Surekha Bhotmange. Gajbhiye
filed a police complaint against 15 men from Kherlanji village, 12 of
whom were arrested. Surekha signed on the FIR as one of the witnesses
and identified the 12 in a police parade.
Twenty-six days later, on September 29, as soon as the 12 men were
released on bail, they were taken away in a tractor by their
relatives. They got drunk and went to the Bhotmanges' hut threatening
to finish off the entire family. Then they went looking for Gajbhiye
and his brother Rajan, an engineering student. On not being able to
find them, the drunken group returned to the Bhotmanges' hut and broke
down the door. It was 5.40pm, Surekha was preparing the evening meal
and the head of the family, Bhaiyyalal, was not at home. They dragged
out Surekha, their 17-year-old daughter Priyanka, and two sons,
23-year-old Roshan and 21-year-old Sudhir. Although Roshan was blind
and Sudhir a graduate, they not only helped with the farming but also
brought home extra money by working as labourers. Priyanka was more
ambitious — a Class xii topper and an ncc cadet, she wanted to join
the Army. Her mother had recently bought her a bicycle. But all dreams
came to an end in a few harrowing hours.
The mob didn't realise that Bhaiyyalal Bhotmagne and Siddharth's
brother Rajan were just a stone's throw from their hut and had seen
the four victims being dragged away to the village chaupal, Priyanka
strapped to a bullock cart. By now, men allegedly from the entire
village of about 150 Powar and Kalar families had collected. Some
shouted to the sarpanch to allow them to sexually assault the women.
They raped the women and killed all four, even as their womenfolk
looked on, mute spectators to a form of justice reserved for castes
lower than theirs. One woman, Sudha Dhenge, reportedly did protest but
was slapped into silence. She now says she was never there.
Surekha and Priyanka were stripped, paraded naked, beaten black and
blue with bicycle chains, axes and bullock cart pokers. They were
publicly gang raped until they died. Some raped them even after that,
and finally, sticks and rods were shoved into their genitals. In the
meantime, Sudhir managed to contact the police from his mobile phone,
but his phone had been smashed. Its pieces are now circumstantial
evidence. Roshan and Sudhir were beaten up, their genitals mutilated,
faces disfigured and their bodies tossed in the air, before they lay
dead on the ground. Hiding behind a hut, Bhaiyyalal helplessly watched
his family's gruesome end. There was no one to call for help.
Kherlanji had only two Mahar families; the rest were either
perpetrators or spectators. An hour later, a village meeting was
called and a diktat issued: no one was to say a word about the massacre.
Siddharth Gajbhiye called the Andhalgaon police station, some six kms
away, at 6.15pm, asking for help. As a frightened Bhaiyyalal escaped
to another village to save his life, the four bodies were thrown at
different places in the periphery of the village. Head Constable Baban
Mesharam reached Kherlanji at 8:30pm and got wind of the incident, but
did not follow official police protocol to register the report. The
next day, when Bhaiyyalal Bhotmange went to the police station and
filed an FIR, sho Siddheshwar Bharne did not believe him. It was only
when the police patrol started flashing reports of the discovery of
mutilated dead bodies on the wireless the next day that he filed an
FIR. Constable Meshram and sho Bharne both stand suspended.
Photographs of the bodies of Surekha and Priyanka taken by the police
showed sticks and rods in their genitals. By the time they reached the
post-mortem table, the sticks had disappeared. A gruesome photograph
of Priyanka Bhotmange's body, with just a piece of cloth covering her
genitals, is not being printed by Tehelka.
The post-mortem report by Dr AJ Shende on September 30 said that there
had been no rape. "Doctors were managed and the police bribed,"
Rashtrapal Narnaware, Surekha's nephew, alleged in a statement to the
fact-finding committee of the Vidarbha Jan Andolan Samiti (VJAS), a
regional farmers' organisation. The bodies were later exhumed and the
report of a second post-mortem is awaited. Bhandara's police
superintendent Suresh Sagar says that only if the post-mortem
establishes rape can he include the charge in his investigation. The
VJAS is pushing for a third post-mortem as the due procedure specified
by the nhrc has not been followed, and medical evidence of rape may
never be established.
Thirty-eight Kherlanji men are in jail as accused, but Kishore Tiwari,
president of the VJAS, says that some of the main perpetrators are
still free due to political pressure. Apart from various sections of
the ipc, the sc/st Prevention of Atrocities Act, 1989, has also been
applied by the police. "In cases where a mob is involved, the
Atrocities Act has it that the entire village could be fined to the
tune of Rs 10-20 lakh," says civil rights lawyer Colin Gonsalves. The
VJAS claims that there is an attempt to cover up the incident, and has
filed a case in the Bombay High Court against the state police. "For
years, Surekha had been trying to file a case against the grabbing of
the two acres of land," says VJAS lawyer Vinod Tiwari, "but the police
never filed the FIR."
VJAS president Kishore Tiwari first read about the incident in the
rural Vidarbha supplements of the Marathi press, which blamed it on
Surekha's `illicit relationship' with Siddharth. Tiwari e-mailed
journalists all over India and managed to get some Mumbai newspapers
to report the massacre, but his e-mails to Delhi-based journalists
were ignored.
On October 2, when lakhs of Buddhists from all over the world had
converged in Nagpur to celebrate the fiftieth anniversary of
Dhammakranti — Ambedkar's conversion to Buddhism — the organisers kept
quiet about the massacre lest the issue go out of hand in such a large
gathering. The Maharashtra government has paid Bhaiyyalal Bhotmange a
compensation of Rs 4.5 lakhs, although according to the Atrocities Act
the compensation should be Rs 2 lakh for every member of the family
killed. All Bhaiyyalal wants is for the perpetrators to be hanged.
ATROCITY ON DALITS - BBC world interview snapshots
A team from BBC, UK visited Bhandara to take the stock of the
situlation. The co-producer when met Mr Bhotmange and interviewd him,
she could not stop her emotions and broke . Such was ugly portrayal of
inhumanity! The team is in a postion to cover the massacre and details
in few days. The documentry is said to be hosted on BBC world service
soon. We will try to put the exerpts of an interview with Mr Bhotmange
on this site.We will also try to keep you informed about the BBC news
coverage here as soon as it is ready! Latest from BBC >>It is learnt
BBC is going to air complete documentary on the event on 14th Nov
2006. The timings will be communicated to you thru this blog. Till
then keep writting>>
———————————————Interview—Exerpts———————————-
Mr Bhotmange , the only survivor from the deceased family, is admitted
to Bhandara Civil Hospital . He is a broken father whose children
Roshan, Sudhir and Priyanka were tortured to death while wife Surekha
was brutally raped and killed. When BBC correspondent visited him, he
was looking into deep agony and mental stress.
BBC correspondent: We can not imagine the situation you are going
through, can you please tell us something about the whole tragedy!
Mr Bhotmange: Sir, I am not in a condition to tell you, Sorry! The
whole incidence comes again and again in front of my eyes and I get
pained.
BBC correspondent: Ok, we do not wish to trouble you more. Then Mr.
Bhotmange was well advised if he opens his voice, it will be heard by
the world. So this is right time to speak out! He was told that whole
world is with him. Then he got up and said loudly…..
Mr Bhotmange: Siddharth Gajbhiye is our relative. He used to visit us
and support us in our fight for land. Recently not quite long, he was
manhandled by the caste assailants from our village, which my wife and
daughter witnessed. They testified in front of police. It infuriated
the assailants and they threatened us. I thought it's not that
serious. But they were! They killed my family. They killed all! Mr
Bhotmange closed his eyes and uttered "my wish - hang them to death!"
Seeing his distressed face, BBC team left the room (ICCU) with wet eyes.
`Forensic' Angle - 01Nov06
As reported earlier our panel of doctors met Dr. Shende who did
postmortem of Priyanka, her brothers and mother. Their conversation
with Dr Shende is already available on this blog for your reading.
Today same panel of doctors is with us to share the conversation they
had with a forensic expert from Govt. Medical College Nagpur. This is
the best medical college in central India. Forensic experts here
conduct on an average 15 to 20 postmortems a day. They know law and
other guidelines concerned to postmortem, nay, many of them are LLB!
The panel met one of the senior forensic experts here and briefed him
on Kherlanji incidence. They also narrated the conversation they had
with Dr Shende. ( refer item: Meeting with Dr who did postmortem)
Panel: Seeing the case, what is the procedure a Medical Officer has to
follow ,in short, when Police brings an unclaimed and unidentified
body of a young female for postmortem?
Forensic Expert: Apart from documentation, he should look for injuries
all over the body. He should preserve the viscera, vaginal swab and
pubic hair for forensic examination.
Panel: Can he preserve the vaginal swab and pubic hairs even if police
are not suspecting rape and they did not mention about it in their
Inquest Report?
Forensic Expert: Off course he can! I would say he should! Inquest
report is usually prepared by a constable who has little medical
knowledge. So it is a duty of a Medical officer not only to assist the
Police but at times guide them. Also, if a medical officer has not
preserved these samples, he can not shield himself under the pretext
that rape was not suspected by the police.
Panel: Dr Shende informed us that he too did not suspect rape because
there were injury marks only outer sides of thighs and not on inner
sides (talking bout Priyanka)?
Forensic Expert: (laughs) That sounds ridiculous, if you imagine
someone biting you on thighs your natural reaction would be to
approximate your thighs to each other. That means there would be
minimum injuries on inner side.
Panel: Taking different angle, let's assume that Dr Shende was under
external pressure during the postmortem, what worst he can do with the
body?
Forensic Expert: In such situations doctor can be pressurized to wipe
the vagina clean so that no sperm parts are found even if through
vaginal swab is taken for subsequent postmortems.
Panel: If police suspects rape under section 376 of CRPC, is it
essential that the body should be sent to district hospital for
postmortem?
Forensic Expert: If the medical officer is an MBBS doctor then its
not. But if he is BAMS doctor then he has to.
Panel: And is it essential that during postmortem a lady medical
officer should be present?
Forensic Expert: No its not! If rape is suspected and victim is alive
only then a lady medical officer is required during examination
otherwise not.
Panel: Considering the sensitive nature of this incidence are there
any special precautions which should have been taken by the team of
doctors who conducted the second postmortem?
Forensic Expert: Yes! They could have asked for the presence of a
forensic expert from forensic medicine department.
Panel: Can it be done?
Forensic Expert: Yes, the civil surgeon has all powers to ask the
Superintendent of Police (SP) for the same.
Panel: And SP has to oblige?
Forensic Expert: If he doesn't, the civil surgeon can refuse to do the
second postmortem. Panel: Thanks Doctor for your time. We will come
back to if need comes!
Panel can further put questions to which the expert can answer, so if
you have any please put it now and here>>>
(Actually second postemortem was conducted beofre 15 th Oct. and Civil
Surgeon,Bhandara, Mr Ramteke, was one among the team who did not care
to invite any forensic expert from Govt Medical College Nagpur ! Pathetic
APPEALS TO H.E PRESIDENT OF INDIA
APPEAL NO.1
Dear sir,
INDIA: A Family is facing constant attacks and attempts on their lives
due to alleged collaboration between the police and the criminals
Name of victims:
1. Sabita Adhikari, aged 39,?
2. Sankar Adhikari, aged 46, husband of the victim 1
3. Ratan Chandra Adhikari, aged 78, father of the victim 2
4. Trishna Adhikari, aged 18, daughter of the victim 1
All of them are residing in Ghuripara village, Maynagarh post,
Maheshtala police station, South 24 Parganas district, West Bengal
state, India
Alleged perpetrators:
1. Mr. Pratap Chandra Ghosal from Ramnagar village, son of Pannalal Ghosal
2. Mr. Ramen Arunday alias Runu from Ramnagar village in Nandirpara
3. Ms. Sova Arundey, wife of Ramen Arunday
4. Mr. Monmatha Halder from Ramnagar village
5. Mr. Kalipada Mondal from Chakchatta Ghuripara village, son of late
Tulshi Mondal
6. Mr. Shankar Pal from Ramnagar village, son of late Panchu Pal
7. Bumba from Ramnagar village
8. Mr. Netai Ghosh from Chakchatta Ghuripara village
9. Mr. Kishore Sardar from Uttar Ashuti village, son of late
Jatindranath Sarkar
10. Mr. Bitu Mondal from Raipur Ghuripara village, son of Ranjit Mondal
11. Mr. Mintu Das, from Chakchatta Ghuripara village, son of Santosh Das?
12. Mr. Shyamal Ganguly from Chakchatta Ghuripara village, son of
Manik Ganguly
13. Mr. Durga Ganguly from Chakchatta Ghuripara village, son of Manik
Ganguly
14. Mr. Nirmal Mukharjee, Secretary, Maheshtala, C.P.I.(M) Zonal
Committee?lt;br />15. Mr. Tinku Naskar from Ganipur village, son of
Ajit Naskar
(All are responsible for committing attacks, attempts to murder and
dacoity against the victim and her family) à®?lt;br />16. The
Inspector-in-Charge (I.C.) of the Maheshtolla police station and other
police officers attached to the same police station?
I am extremely disturbed to learn that entire family have been
terrorized by local criminals mentioned above for over one and a half
years due to constant and deliberate inaction by the Maheshtala
police. After reading the details of the affair I am forced to
conclude that the police inaction might be due to the nexus between
the police and the criminals. With complete police inaction into the
victim's repeated complaints and requests for help, the victim's
family is now living under the shadow of fear for their very lives.
To briefly explain the background of the case, Mrs Sabita Adhikari
completed payments of the money to purchase the land of Mr. Pratap
Chandra Ghosal situated at Ghuripara village, Maynagarh post,
Maheshtala, Mouza under Maheshtala police station, South 24 Parganas
district, West Bengal, India. However, Pratap Chandra delayed the
execution of a sale-deed in her favour. On 14 April 2005, Pratap
Chandra came to the said land tried to forcibly expel Sabita's family
claiming that the land is owned by him. Pratap Chandra also allegedly
hired a local criminal named Ramen Arunday alias Runu to oust Sabita's
family from her property. Since then, Sabita's family have had to
experience constant and severe types of attacks, murder attempts and
attempted rape by Ramen and his men to the present day.
I am particularly concerned by apparent inaction by the Maheshtala
police in this case, which follows as below:
1. On 14 April 2005, when Pratap Chandra and his men attacked Sabita's
family to vacate them, he came along with a policeman of the
Maheshtala police station.
2. When Pratap Chandra along with a huge group of 70-80 persons
extensively damaged the properties of the victim on 17 April 2005, one
armed police officer of the Maheshtala police station was present
there but did not attempt to interfere in the matter at all. He rather
allegedly initiated a false proceeding against Sabita under section of
107 Criminal Procedure Code.
3. Despite Sabita's complaint regarding the several death threats by
Ramen and his men, Mr. Mahapatra, the Inspector-in-Charge (I,C.), and
other officers of the Maheshtala police station did not take any
action to investigate them and arrest the alleged perpetrators. The
victim's family was reportedly heard from Ramen's men that the police
were working at the beck and call of the Ramen.
4. On 19 July 2006, Rarem armed with pistol and other firearms
attacked Sabita's house along with his men, demolished Sabita's
building and looted valuable items. During this attack all the
victim's family members were severely injured. During the attack,
Sabita's sister Ms. Mona Sheet desperately sought for help from the
Maheshtala police but the I.C. and other police officers refused to
receive her complaint and even did not attempt to come to save
Sabita's family. Even some police officers, who were passing near the
incident place with a jeep, simply ignored it.
5. Due to the intervention from the Additional Superintendent of
Police(S.P) of South 24 Parganas, the I.C. of the Maheshtala police
finally registered Sabita's complaint against Ramen and three other
offenders (Case No. 147/2006, under section of
148/149/443/379/354/427/326 of the Indian Penal Code) but all the
accused were released on bail on the very first date of appearance as
the police did not start a case of attempted murder or dacoity against
them. The perpetrators are now constantly threatening Sabita's family
and other witnesses in order to tamper with the evidence.
6. On 5 August 2006, Ramen along with his men forcibly entered
Sabita's house and threatened to kill her family if they would not
vacate the premises within 24 hours. Sabita immediately lodged a
General Diary (G.D.) at the Kalitala Investigation Centre under
Maheshtala police station regarding the incident (G.D. Entry No.57,
dated 05.08.2006) but the police have not taken any serious action to
investigate the incident and arrest the alleged perpetrators.
In light of above, I strongly urge your immediate intervention into
this matter. Please provide urgent protection to the victim and her
family who are under severe threats. I also urge you to give
investigation authority into the case of alleged attacks, dacoity and
death threats by the alleged perpetrators to other independent police
agency (not to the Maheshtala police) and ensure that those
responsible are brought to justice without delay. The whole process of
investigation into this case should be carried out without undue
delay, considering long sufferings of the victim's family. The
investigation must be conducted into the alleged inaction of
Maheshtala police into this case and the responsible police officers,
in particular the I.C., must be punished by law.?
I look for your urgent intervention into this case.
Your's sincerely,
NAGARAJ.M.R.
APPEAL NO.2
Dear sir ,
INDIA: A person illegally detained in prison by allegedly fabricated
charges and the prison officials collecting bribe
Name of the victim: Mr. Ashok Kumar Basu Roy, aged 53 years, son of
late Santhosh Kumar Basu Roy, residing at 2 Motilal Colony, Dum Dum,
Kolkata, West Bengal
Name of alleged perpetrators:
1. Inspector in Charge, Dum Dum police station
2. The Superintendent, Dum Dum Central Jail, North 24 Parganas,
Kolkata, West Bengal
Place of incident: Dum Dum police station and Dum Dum Central Jail
Date of incident: From 20 September
I am writing to you to bring to your attention the case of Mr. Roy,
the victim named above. I am informed that Roy was forcefully
discharged from a hospital where he was receiving treatment and
detained at the Dum Dum police lock up for more than 24 hours and
later produced at the local magistrate court with fabricated charges.
I am informed that the arrest and fabrication of charges was
instigated by a local MLA [Member of Legislative Assembly]. When Roy
was produced in court, the records relating to his arrest produced in
the court showed discrepancy regarding the manner of arrest. In fact
Roy was arrested on 20 September from the B. S. Medical Centre, and
detained in Dum Dum police station lock up. However the police records
showed that Roy was arrested from his house and that too on 21
September ironically on a complaint filed at the police station the
next day. The difference in dates itself must have suggested to the
magistrate that the police has fabricated the case and tampered with
the actual records. However, it is disheartening to know that the
magistrate has not taken any action in this regard, but remanded Roy
to the custody of the same police.
I am also informed that a bail application filed by Roy was rejected
and he was later remanded to judicial custody to the Dum Dum Central
Jail, where he was asked to pay Rs. 500 as bribe to the jail
authorities. I am informed that the jail authorities have now asked
for more money, which if Roy did not pay, he would be inhumanly
treated inside the prison. I am informed that Roy is still in prison.
While this case depicts the manner in which the police fabricate case
records it is also an example of how an ignorant magistrate in fact
facilitates the further failure of the criminal justice system in
India. It is also surprising to note in this case that in fact the
police who arrested Roy on a fabricated case with a post dated
complaint, has not taken any action against those who assaulted Roy.
I therefore call upon you to initiate immediate action into this case
and order an impartial inquiry into this case. I request you to
investigate the allegation regarding the practice of corruption at the
Dum Dum Central Jail. I am concerned about Roy’s physical condition
which I am afraid will further deteriorate if he is further detained
in prison.
Your's sincerely,
NAGARAJ.M.R.
APPEAL NO.3
Dear sir ,
INDIA: Alleged assault of innocent man by the police to settle private
feud
Name of the victim: Mr. C. R. Suresh, son of Ramakrishnan, residing at
Chulliparambil house, Kaloor post, Kaloor village, Thrissur district,
Kerala state, India
Alleged perpetrator: Mr. Shamsudin, Sub Inspector attached to the
Pudukkad police station in Thrissur district, Kerala state, India
Date of the incident: 2 October 2006
Place of Incident: Pudukkad police station
I am writing to you to express my concern about an alleged police
assault of the victim named above at Pudukkad police station, Thrissur
district, Kerala on 2 October 2006. I was informed that Mr. Suresh was
summoned to the police station by the sub inspector mentioned above
and when he did so the SI assaulted him and also verbally abused him.
The victim also says that the same SI had in the past registered a
false charge against him which he is contesting in court.
I am also informed that the victim was not informed the reason for his
summon to the police station. After assault and abuse, he was simply
asked to leave from the station. The victim was admitted at the
Thrissur District Hospital for two days to receive treatment for his
pain caused by the assault.
I am very concerned about the use of force by police officers in India
and this case point out nothing other than how the police misuse their
authority. I am aware that violence and abuse is one of the many ways
by through which the police in India discharge "law enforcement"
duties. I am shocked to know that there are no independent mechanisms
in India that could inquire into such cases so that the police
officers responsible for violating law than protecting it are punished.
I am also informed that the government of India is in the process of
ratifying the UN Convention against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment. I urge you to recommend the
government of India not to place any reservations while ratifying the
convention and also further to remove the reservations the government
has placed while ratifying other conventions.
I also urge you to order an impartial inquiry into this case and see
to it that the officer if found guilty is punished.
Sincerely your's,
NAGARAJ.M.R.
APPEAL NO.4
Dear sir ,
INDIA: Alleged police inaction into dowry death of a woman
Name of victim: Mrs. Malati Malakar, wife of Mr. Chandan Malakar,
Naridana village, Champahati, South 24 Parganas district, West Bengal
Alleged perpetrators:
1. Mr. Chandan Malakar, the victim's husband, son of Mr. Brajragopal
Malakar
2. Mr. Brajragopal Malakar, the victim's father-in-law
3. Mrs. Lakshmi Rani Malakar, the victim's mother-in-law
(The three are residing in same address of the victim)
4. Mr. Gourahari Roy, investigating officer of the Baruipur police
station in South 24 Parganas district, West Bengal
5. The Officer-in-Charge of the Baruipur police station, South 24
Parganas district, West Bengal
Place of incident: Mr. Chandan Malakar's house, Narina village, Champahati
Date of incident: Around 11:30am on 4 August 2006
I am writing to you to express my concern about the alleged case of
dowry death of Mrs. Malati Malakar which is now under investigation at
the Baruipur police station of South 24 Parganas district, West
Bengal. It is alleged that Malati was died from the burn injuries
suffered by her when her husband and in-laws set her on fire after
pouring kerosene over her at her husband's house on 4 August 2006. The
case registered by the local police is Crime 182(8) 06 dated 4.08.06
of Baruipur police station. The case is registered against Malati's
husband Chandan and his parents under Sections 498A, 326, 302 and 307
of the Indian Penal Code. However, from the facts provided to me I am
concerned about the impartiality and the fairness in the police
investigation.
According to the information I have received, Malati died on 8 August
2006 at the National Medical College & Hospital Kolkata after
suffering 90% burns. I am informed that Malati's husband and his
parents were constantly troubling her asking for more dowry. I am also
informed that when the torture and ill-treatment became unbearable
Malati tried to lodge a complaint at the Baruipur police station on 7
December 2004 but by mistake handed over the complaint to a village
authority instead of filing it at the police station. I am also
informed that Malati before her death has made a dying declaration
which is a vital piece of evidence, which might provide insights to
the cause of her death.
I am informed that the prime suspect in the case Mr. Chandan –
Malati's husband – is yet to be arrested in this case. It is alleged
that Chandan is now staying in his village house in the address
provided above and even though the police aware that he is staying at
his home is for some reason failing to arrest the suspect. I am also
informed that the Malati's father Mr. Sunil has suspicions regarding
the manner in which the police is conducting the investigation in this
case. For example Malati's family is yet to get a copy of the First
Information Report registered in the case, in spite of the fact that
under the Criminal Procedure Code of India, the complainant – in this
case Mr. Sunil – Malati's father, has repeatedly asked for the same
from the police. Sunil also entertains doubts in the manner in which
the postmortem report is prepared in this case.
I am informed that Sunil has also lodged a complaint to Superintendent
of Police, South 24 Parganas district on 23 August 2006 expressing his
concerns in this case but is yet to get any response from the said
officer regarding the progress of the investigation in this case. I am
informed that Sunil also suspects that since Chandan has good
connections with the ruling party in West Bengal he is unlikely to be
arrested in the case and as long as he remains free he would be in a
position to manipulate the evidence in the case to facilitate an
acquittal, later in trial.
I am also informed that currently the charges leveled against the
accused in the case do not include Section 304B of the Indian Penal
Code. I am informed that in a trial of a crime registered under
Section 304B of the Penal Code the presumption is against the accused,
in this case Malati's husband and his parents. However the police has
registered a case under Section 302 of the Penal Code, which call for
a more severe punishment, but difficult to prove. From the facts of
this case, particularly after coming to know that the father of the
victim was threatened by the investigating officer for pursuing the
case, I feel that the police is intentionally avoiding the inclusion
of Section 304B in the charge to facilitate an easy defense for the
accused.
In light above, I urge you to order an inquiry into the case to ensure
that the case is properly investigated and that the culprits punished
in accordance with law. I also urge you to take adequate action
against the police officers if they are found to be conniving with the
accused in this case. I am also informed that the Hong Kong based
Asian Human Rights Commission has written separate letters to the
United Nations agencies, particularly to the office of the Rapporteur
on violence against women, its causes and consequences Ms. Yakin
Erturk, calling for an immediate intervention in this case.
I expect that you will take appropriate actions in this case.
Your's truly,
NAGARAJ.M.R.
APPEAL NO.5
Dear sir ,
INDIA: 14 year-old girl allegedly kidnapped and trafficked by state
protected gangsters
Name of the victim: Lovely Khatun, daughter of Mr. Jilal Mondal, aged
14 years, Jotkanai village, Murshidabad District, West Bengal, India
Alleged perpetrators:
(1) Mr. Tiarul Islam son of Surat Saikh, Jotkanai village, Par
Raghunathpur post, Murshidabad district, West Bengal
(2) Mr. Sahidul Islam, son of Akimuddin Mondal, Par Raghunathpur post,
Murshidabad district
Alleged co-conspirators:
(1) Mr. Surat Saikh, son of Khairuddin, Par Raghunathpur post,
Murshidabad district
(2) Mrs Monjura Bibi, wife of Mafikul Islam, Par Raghunathpur post,
Murshidabad district
(3) Mr. Majar Saikh, son of Islam Saikh, Par Raghunathpur post,
Murshidabad district
(4) Mr. Majar Saikh, son of Abdul Bari, Tulsipur village, Murshidabad
district,
Officials appeared to help the alleged perpetrators:
(5) Mr. Premashish Chattaraj, Officer in-charge, Domkal police
station, Murshidabad district
(6) Mr. Khudiram, Sub-Inspector, Domkal police station, Murshidabad
district
(7) Mr. Shaukat Saikh, Sub-Inspector, Domkal police station,
Murshidabad district
(8) Mr. Snehasis Dirghangi, Sub Divisional Police Officer, Domkal,
Murshidabad district
(9) The District Magistrate, Murshidabad district
(10) The Superintendent of Police, Murshidabad district
Place of incident: Jotkanai Village, Par Raghunathpur post office,
Domkal police station, Murshidabad district, West Bengal, India
Date of incident: 26 August 2006
I am writing to express my concern over the alleged abduction of a 14
year-old girl from Jotkanai village by a criminal syndicate in the
Murshidabad district of West Bengal on 26 August 2006. I am informed
that the father of the abducted minor girl, Mr. Jilal Mondal, who
tried to lodge a complaint of abduction at the Domkal police station
was ill-treated by the police officers and finally the police,
registered a case of man missing, that too after forcing Jilal to pay
a sum of Rs. 500 as bribe. According to the information I have
received, on 26 August 2006, Lovely Khatun, Jilal's daughter was
allegedly abducted by two men named Tiarul Islam and Sahidul Islam.
Both men were purportedly working in collusion with four other persons
from Murshidabad district named Surat Saikh, Monjura Bibi, Mafikul
Islam and Majar Saikh.
I am also informed that the police officers are insisting that the
alleged abductors named by Jilal are persons of good character in
spite of the fact that Jilal had named them as the abductors of his
daughter. It is alleged that the police has thus far not registered
any case against those who are named by the father of the minor girl,
but is dragging their feet after registering a case of man missing,
instead of a crime of abduction.
I am aware that under the Criminal Procedure Code of India, the police
must register all complaints exactly as narrated by the complainant at
the police station and a copy must be served to the complainant.
However, I am surprised to know that in this case thus far the attempt
of the police is to register their version of the complaint than what
the father of the abducted girl had to say. The complaint lodged by
Jilal is currently registered as Missing Diary number 1669, dated –
27/08/2006. From the alleged suspicious conduct of the police officers
I have a reasonable suspicion that the police officials are conniving
with the alleged abductors to protect them from any criminal action.
The possibility that the police officers are conniving with the
abductors is further fortified from the allegation made by Jilal that
when he insisted that a criminal case be lodged against the persons
whom he think has abducted his daughter, the police refused to accept
the information and threatened Jilal with dire consequences, should he
continue to pursue the issue further. It is also alleged that the
police then verbally abused him. Jilal was then detained for several
hours in the police station in order to show the seriousness of the
police officers' threats.
I have learned that since the original complaint, Jilal has lodged at
least two other complaints at the same police station in an attempt to
recover his daughter. Jilal has filed a complaint with the Domkal
police station against the alleged offenders on the October 5 and the
10 October 2006, and has also informed the matter to the Sub
Divisional Police Officer Mr. Snehasis Dirghangi.
I am aware that Jilal has also informed the Superintendent of Police
and District Magistrate of Murshidabad, about the police inaction and
of the ill treatment he received at the station. However, no action
has been taken. As a consequence, Jilal is now living in fear that his
actions in seeking justice will bring about the dire repercussions
promised to him by the police. He believes that an attack on his
family or property could befall him any day. I am also informed that
the girl might have been subjected to child trafficking. I am informed
that the alleged perpetrators named 1 to 6 above are those with a
history of involving in child trafficking.
I would like to call your attention to three grave concerns that I
have regarding this case. (1) The Domkal police have breached the law
in failing to file a kidnapping case at the request of the father.
According to Sections 359 and Section 366 of the Indian Penal Code,
kidnapping a minor and that too for suspected abuse of the minor is
serious crime. (2) According to the Criminal Procedure Code of India,
if the police receive a complaint regarding an offence serious in
nature like kidnapping, the police must immediately register a case.
In this case, the police was even informed the detailed address of the
alleged suspects. However, for the reasons best known to the police,
which appear to me as a case of bribery and corruption the police has
thus far failed to take any action in this regard. (3) While his
daughter is still missing, the father is running between different
police stations and even to get his complaint registered, though as a
man missing case he was made to pay money, which is illegal and a
crime in India.
I strongly urge you to commission an independent investigation into
this matter in order to secure the young girl's freedom, arrest those
responsible, as well as examine the Domkal police and the district
magistrate for their absolute negligence in helping this victim of
human trafficking.
I am also informed that the Asian Human Rights Commission based in
Hong Kong has written separate letters to the concerned agencies
within the United Nations including the office of the office of the
(1) Mr. Juan Miguel Petit, The UN Special Rapporteur on the sale of
children, child prostitution and child pornography (2) Ms. Sigma HUDA,
The UN Special Rapporteur on trafficking in persons, especially in
women and children (3) Ms. Yakin Erturk, The UN Special Rapporteur on
violence against women, its causes and consequences (4) The Head of
UNICEF Filed Office in Kolkata and (5) Ms. Ann M. Veneman, Executive
Director of the UNICEF calling for an urgent intervention into this case.
I look forward to hearing about your action on this urgent matter.
Your's sincerely,
NAGARAJ.M.R.
Dalits ostracized in Karnataka - PUCL Karnataka report on Kadakola
By Dr. V Lakshminarayana, Sister Celia, Dr. E Rati Rao,
R.V.Chandrashekar, Srikanth Karabi, Sister Anna and Gopal. 28October 2006
Kadakola, a small village near Basavabagevadi in Bijapur district is
in the news for the past few months for reasons not so encouraging.
Chalavadi community, a lower caste in the hierarchy is facing a social
boycott from the upper caste and including Madigas which also a dalit
community, for having used the Village tank water.
A fact finding team comprising of Dr. V. Lakshminarayana and Dr.
Ratirao from PUCL, Sister Celia and sri R.V Chandrashekar from NAPM,
Srikanth Karabi from Human rights forum of Bijapur, Sister Anna and
sri Gopal from Nava Sanidhya Samsthe of Bijapur, visited the village
on 27-28th October 2006.
Before the formation of Karnataka state Bijapur was a part of Mumbai
province and even today one can visualize the cultural, Socio-economic
moorings of the erstwhile Mumbai province in this region. The land
owning pattern and the feudal system has remain unchanged since the
British period and the social relations have, since the times of
Peshwas the maratha rulers, who protected the Hindu caste hierarchy.
Ironically the village Kadakola is situated 30 km away from Basavana
Bagevadi, the birth place of Basavanna, the 12th century social
reformer, who fought against the caste system within the hindu fold.
But this region has not seen any anti caste movement nor any OBC
movement and the land reforms implemented in 1970s by the Devaraj Urs
government has had no effect here. There has been no effort whatsoever
to disturb the socio-economic relations of the region throughout the
history. And one cannot find any progressive social or ideological
tendencies here, with Dalit movement being weak and left parties
having almost no support base.
But the region has a history of atrocities against the Dalits.
Sasanur, a near by village was a centre of caste conflagration in 1946
when more than 50 chalavadi daliths were burnt alive. Dr.B.R.Ambedkar
had visited the place after the incident. 1979 a relative of local MLA
had raped a chalavadi girl and the incident was hushed up with a
compensation of Rs.50/-. The infamous Devadasi system, once prevalent
here is not found now.
Recent Incidents
It all started on 25th of July 2006 when Cahalavadi Ramanna, the
president of " Forum for protection human rights of untouchables "
gave a press statement that the Chalavadi dalits of kadakola, who are
being prevented from using the tank water for drinking purpose for
centuries, would break the tradition on 25th of July and would
directly access the water themselves, as against the system of two
intermediary caste people( Vaddas and Bhajanthris ), pouring water to
them from a distance. The district administration immediately went
into action and some dalit children were made to lift water from the
tank. This incident infuriated the upper caste people and they along
with Madigas, also a dalit community, imposed a social boycott on the
Chalavadi community, which virtually meant not engaging them on daily
wages, no access to shops and flour mills and any public services and
facilities available. More than anything else the tank water was
polluted to avoid chalavadi dalits using it.
On 17th of October 2006 Justice Sadashiva commission, appointed by the
state to study violations in implementation of statutory rights of SCs
and STs , was camping in Bijapur and the Chalavadi daliths of Kadakola
conducted a sit in demonstration in front of the commission's office ,
protesting against the social boycott imposed on them. Justice
Sadashiva promised the protestors of intimating the same to the
government for further action.
But much damage had already been done in the village. The chalavadi
were denied jobs from 25th of July itself, they had no access to any
shops to buy their daily needs, and the families were starving for
months. Muniyappa a 75 year old bonded labour working for a landlord
for the past 25 years, for a mere 2 quintals of jowar per year, was
kicked out from the job. Temples and government corridors were closed
for them and the students were barred from taking part in any
functions of the school. The three doctors in the village refused to
attend to chalavadi dalit patients and the government hospital was
open to themonly from 25th October 2006.
After these incidents appeared in the press, many groups and parties
visited the village. The prominent among them being Maruti Manpade of
CPI-M, Dhimathi Kaladagi of KRRS, Lakshmana Banahatti of Dalit
panthers. They could find out that even though more than 40 cases of
atrocities have been reported inkarnataka in this year , the
government's "Committee against atrocities on SC-ST" has never met
even once and no minister has visited the village. The above groups
apprehended the fear of torching of chalavadi colony by the upper
castes and demanded for withdrawal of the boycott and providing jobs
to the community people immediately and insisted on relocating the
dalith colony. All these groups have planned for a March to DC office
at Bijapur on 4th November 2006.
Findings of the team
In this backdrop the team visited Kadakola on 27-28th October 2006.
The village is situated on the banks of River Doni , with rich black
soil suitable for growing cotton, Jowar and other dry crops. There are
500 houses in the village of which 86 are of Chalavadi dalits, 50
Reddy lingayats (veersahaivas), 50 Ganigas, 30 Talvars, 40 Madigas and
40 Muslims, as told by Mallikarjuna Chalavadi, who says that the reddy
lingayats own majority of land holdings. Neither Madigas nor
Chalavadis own any land, though 2-3 years back government had
disbursed some land to 4-5 dalits. Among chalavadis some 30 youth have
studied upto 10th standard, 8 of them being girls .As the bore well
water in the village is hard all dalits depend on the tank water for
drinking purpose. Untouchablety is being practiced in several ways
here, apart from the present boycott. When the upper castes cross
theDoni river, the untouchables ,i.e., chalavadis, are supposed to
carry their slippers to the other end of the river.
The wages paid to the agricultural labours are Rs.30-40 for men and
12-20 for women. After Ramanna chalavadi gave the press statement, all
the uppe rcastes and the Madigas assembled in a temple and decided
unanimously to impose social boycott on the Chalavadi dalits. "The
government had arranged work 15 days, now we don't have any work on
hand nor any government help. The DC is speaking of compromise
settlement but to no avail. We are unable to fetch any provisions. Two
upper caste men have been booked under atrocity case for having beaten
Mr.Chayappa with slippers, and they are infuriated. But no case has
been booked against those imposing boycott, for more than 3 months we
are starving and surviving on assistance from relatives.
The BJP MLA Shivaputra Desai is advising us to compromise, but we are
not being compensated nor do we have a penny on hand, there are no
telephone facilities for us. We have all voted to these parties and
candidates and Taluk panchayat member of Telgi Nyamannanavar,
president Srimantha Hallagi belong to our village, but his brother
Ningappa Basantharappa Hallagi is the man behind the boycott, both
these brothers are united against us and all these leaders belong to
the reddy lingayat community" so narrates Smt.Chalavadi Yamunamma.
Sangappa shivappa says "We are afraid of our houses being torched and
so we keep awake throughout the nights. Madigas are also using the
tank water but they have joined with the upper castes. More than 70
muslim families in the villages have stood by us and they have saved
us from attacks from upper castes. The villages is still haunted the
specter of caste discrimination. On the Dipavali day a 10 year old
chalavadi boy was driven out from a cracker shop calling him an
untouchable."
Muniyappa chalavadi had more to say "We are afraid the 60 year old
sasanur incident may repeat here as the upper castes are threatening
us of torching our houses. Today there are no chalavadis in Sasanur.
If we were to live happily we should be shifted to the other side of
the river near Allamaprabhu temple ,otherwise we should be given
poison " says Muniyappa sadly.
When the team met Mr Srimanth Allagi , the president of Taluk
Pachayat, who belongs to the reddy lingayat community, he said "We
have advised all the villagers to live in harmony" andwhen we were
discussing at that time a news of fire at Kadakola made him deepart
from the scene.
Then the team proceeded to Basavana Bagevadi and met Tahasildar Mr.M R
Reddy, who, after hearing us said that the administration has given
job for the affected people worth one lakh rupees and 10 kgs of
rations is being provided to each family. We were also told that
Atrocity case has been booked against 2 persons. When questioned "Why
no such case has been filed against those imposing the boycott "the
Tahasildar and also the DYSP told the team that they were trying for a
compromise settlement amicably.
Then the team met the DC at Bijapur and he said the administration has
taken steps to give jobs for the chalavadis and there is no dearth of
funds. When questioned about filing of cases against the perpetrators
of crimes, the DC said "He has not received any complaints "When we
reminded him about his authority to file case Suo motto he was speechless.
The DC was apprised of the fact that the chalavadis are living in the
grip of fear and hence they are not in a position to lodge any
complaint. To the team's observation that the upper castes of Kadakola
have not stood by their promise of withdrawing boycott, as assured to
the DC and the district administration has not taken any steps to file
a case against the perpetrators of the crime during the past three
months, the DC had a ready answer " We are trying to solve the problem
amicably through negotiations". In fact the DC tried to pass on the
blame on outsiders, i.e., Dalit leaders from outside, for creating all
the trouble. When we met the people of Kadakola village on 28th of
October they were gripped by the fear of reprisal and hunger had taken
away much of their enthusiasm.
Findings of the committee
* The Chalavadi community of Kadakola is the victims of heinous caste
system which is still alive and kicking.
* The lower castes of the village are not supposed to directly access
the public water tank and some upper castes used to pour water to
them. When dalits tried to break this tradition trouble arose and
instead of appointing police to monitor things the administration has
appointed aged dalits and they have been attacked. The government has
not taken any concrete steps in this issue.
* Even after three months the social boycott imposed on the chalavadi
dalits have not been revoked and the upper caste leaders who promise
to the DC of revoking the same have violated the promise. This boycott
has made life hell for the chalavadi community and the government has
not offered any help in the form wages or jobs. The chalavadi dalits
are treated worse than animals.
* The administration has not filed atrocity cases against any of the
upper castes who are responsible for imposing the boycott. Cases have
been filed against 2 people for attacking the dalits. No arrests have
been made and the culprits are roaming free in the village. The
administration is trying to convince them for revoking the boycott. It
is nothing but violation of law of the land and it is a shame on civil
society for having tolerated the medieval caste suppression and
oppression.
* The government is playing dubious politics in the issue and the
political parties including the left and Dalit groups are almost
silent on the issue. This is frustrating development.
Demands of the fact finding team
* All the upper caste leaders responsible for imposing the boycott
should be arrested forthwith under atrocities act.
* Shifting of dalits to other place is not a viable solution, instead
an atmosphere of harmony to be created in the village for the dalits
to live happily.
* Dalits of the village should be provided with jobs, health care and
suitable security. The fear of reprisal from upper caste people, who
had burnt 50 people in Sasanur 60 years ago, is hovering over dalit
colonies and the government should initiate steps to clear the air of
suspicion.
* Deputy commissioner, District chief of the Police, And the
Tahasildar who have failed in their duty to arrest the perpetrators of
the crime should be transferred forthwith.
* Dalits allege that the upper caste people have the support of
Political parties and local upper caste politicians and hence they
indulge in such heinous acts. We feel that the politicians should make
a self introspection and protect the constitutional, legal rights of
the dalits.
Members of the team: Dr. V Lakshminarayana, Sister Celia, Dr. E Rati
Rao, R.V.Chandrashekar, Srikanth Karabi, Sister Anna and Gopal. 28-10-2006
