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Letter of complaint against the abduction of Arun Ferreira and subsequent arrest (and related news)

http://sanhati.com/articles/4177/

September 28, 2011

[Arun Fereira was arrested in May 2007 for alleged links with Naxalites. Eight cases under UAPA were foisted on him. In due time, he was acquitted in all of them. On September 23, he was acquitted in the last case, related to the arrest of 11 students from Chandrapur on similar charges in 2008, at the time of which Arun Fereira was in jail. There were no other cases on him. The following letter recounts what happened when he was about to be released on September 27 - he was abducted by unidentified persons and subsequently his lawyer was informed that he had been taken to Purada police station and arrested in Crime No. 14/2007 i.e. a case registered in 2007.]

To,

The Police Inspector,
Dhantoli Police Station,
Nagpur.

Complainant:-

1. Adv. Surendra Gadling
2. Adv. Anil Kale
3. Adv. S.P Tekade
4. Adv. Vikrant Narnaware
5. Adv. Anil Koche
6. Adv. Anand Gajbheye

Respected sir,

We the above named complainants lodge a complaint that today dated 27/09/2011, in the afternoon at about 2.30 P.M., our client namely. Shri Arun Thomas Fereira was to be released from central prison, Nagpur. At the request of the mother and brother of Shri Arun Thomas Fereira, we went to central prison Nagpur. The mother and brother of Arun Fereira were also present there at the central prison. While Shri Arun Thomas Perara coming out of the jail, some unidentified persons forcibly pulled him from the jail gate, covered his mouth with hands and held him by his neck, dragged him to a numberless Tata Sumo, forcibly pushed him inside the Sumo and left the jail premises. All that took place before the eyes of the mother and brother of Arun Thomas Pereira. Those who abducted him did not assign any reasons. As we are the counsels of Shri Arun Fereira, enquired from the police officials namely Shri Rajput, Shri Chouhan, Shri Gabne and Deputy Jailor Shri Yogesh Patil, about the persons who came to arrest Arun Fereira. Instead of giving answers they (along with others) assaulted and threatened us and misbehaved with us. They also threatened us that they will arrest us on an allegation that we are interfering with the functioning of their official duties. As advocates of Arun Fereira, we said that you are violating the directions of the Hon’ble Supreme court of India by handing over custody of Arun Fereira to unidentified persons, then they held the collars of our shirts and said that they will not give any answers and whatever is to be given will give in the court and pushed us by saying that they will arrest us.

Prior to this incident we have asked these police officials as to why this bandobast in the jail premises. Shri Rajput answered that we came for bandobast on the instructions of Deputy Jailor Shri Yogesh Patil, we do not do anything on our own. Then we asked Shri Yogesh Patil about it then he said that you all do not come near to jail surroundings and if you do so I will take action. Then he called some persons who were not in any uniform and asked them to clear us. They started pushing and pulling us with brute force by holding our collars.

We therefore request you to investigate into the above incident and take stern action against the erring police officials.

Copy to-

* Commissioner of Police , Nagpur
* Administrative Judge, Bombay High court, Nagpur Bench.
* Chairperson, Human rights Commission, Maharashtra State, Mumbai.
* Superintendent, Central Prison Nagpur.

Please note. At about 3.30 P.M. today we went to Dhantoli police station to lodge this report (in Marathi Language). There in the police station Shri Dinesh Jambre, PSI duty station officer was present. The complaint was handed over to him and then we demanded for a receipt as an acknowledgement of the receipt of this complaint. He made us to wait saying that he will consult senior officials and then issue the same. Though he came twice to police station by 6.00 P.M. he did not issue us any receipt saying that our names are not properly written. Then we left the police station and sending this translated copy along with the copy of the original complaint in ‘Marathi’ for necessary action.

——-

http://www.mumbaimirror.com/article/2/2011092820110928034724639595ee852/Arun-Fereira-abducted-by-unknown-persons-outside-Nagpur-Prison-gate.html

Arun Fereira abducted by unknown persons outside Nagpur Prison gate

His lawyers allege that instead of helping, the police assaulted and threatened them

Posted On Wednesday, September 28, 2011 at 03:46:55 AM

Mumbai-based alleged Maoist, Arun Thomas Fereira, who was arrested in Nagpur in 2007 and lodged in Nagpur Central Jail was released on Tuesday but just when he walked outside the jail gate, he was allegedly kidnapped by some unidentified persons.

According to Fereira’s lawyers Surendra Gadling and others, the whole thing happened in front of Fereira’s mother and brother, who had come to received him.

The unknown persons forcibly pulled Fereira from the jail gate, covered his mouth with their hands and held him by his neck. They dragged him into a Tata sumo and forcibly pushed him inside and drove away from the jail premises.

After his arrest in May 2007, Fereira was slapped with eight cases under UAPA but he was acquitted in all of them.

In 2008, he was implicated in a case where 11 students from Chandrapur were arrested for Maoist links.

Though he was in jail at the time, Arun was also added as an accused. On September 23, 2011, he was acquitted in this case as well.

When Fereira’s counsel Gadling and others asked the police officials – Rajput, Shri Chouhan, Shri Gabne and Deputy Jailor Shri Yogesh Patil, about the whole incident, they allegedly assaulted them.

Mockery of justice

In their complaint to the Dhantoli Police Station, Gadling has stated that the police threatened to arrest them as well. “They will arrest us on an allegation that we are interfering with the functioning of their official duties,” the complaint states.

When Fereira’s lawyers pointed out to the errant cops that they were violating the directions of the Supreme Court by handing over Fereira to unidentified persons, then they held their collars and said that they will not give any answers.

——

http://www.dnaindia.com/mumbai/report_lawyers-fume-over-arun-fereiras-re-arrest_1592855

Arun Fereira’s mysterious re-arrest has exposed the state’s complete disregard for human rights yet again. His lawyers, who were manhandled by police outside the Nagpur Jail on Tuesday, have alleged this in a complaint to the administrative judge of the Nagpur bench of the Bombay high court, the chairperson of the State Human Rights Commission and the superintendent of central prison, Nagpur.

They have demanded strict action against what they have called “the police’s high-handedness.” In 2008, Fereira was implicated in a case where 11 students from Chandrapur were arrested for links with the Maoists. Though Fereira was in jail, his name was added as an accused. Like in the past, on September 23, he was acquitted in this case too. “There were no other cases against him and we were waiting to meet him on Tuesday afternoon outside the Central Prison, when we saw a huge posse taking positions,” recounts advocate Anand Gajbhiye. “We asked deputy jailor Yogesh Patil the reason but he began abusing us,” he added.

While the lawyers were surprised at what they call ‘Patil’s unprovoked aggression’, he summoned plainclothesmen to clear them.

The reason for the prison authorities ‘strange’ behaviour became clear when it was time for Fereira to be brought out. “Some plainclothesmen forcibly pulled him from the jail gate, held him by his neck and pushed him into a Tata Sumo with no registration plate, and left the jail premises,” said the complaint, adding that distraught family members, who were witness to all this, were not even allowed to meet him. The lawyers then confronted Yogesh Patil and his team members about the re-arrest.

The complaint also stated that Patil was irate when reminded that they were violating Supreme Court directions.

——

http://timesofindia.indiatimes.com/city/nagpur/SC-guidelines-violated-in-arrest-of-Ferreira-outside-Central-Jail/articleshow/10170033.cms

‘SC guidelines violated in arrest of Ferreira outside Central Jail’

NAGPUR: The dramatic arrest of Arun Ferreira by Gadchiroli police from outside the main gate of Nagpur Central Jail on Tuesday afternoon triggered off a spate of controversies, including allegations that Supreme Court norms were violated in the arrest. In the last few years, there have been more than 10 such incidents of arrest inside the premises of the jail.
On Tuesday, Ferreira had been released along with Bandu Meshram after being acquitted in a case by the sessions court in Chandrapur. Meshram was allowed to go, but Ferreira detained again.

Around 115 inmates, mostly Naxal sympathizers, of the Central Jail are to observe a fast on Thursday to protest Ferreira’s arrest.

Ferreira was whisked away in front of his family members who had come down from Mumbai. The security agency personnel dragged Ferreira to their vehicles as soon as he came out of the jail. Ferreira’s counsels said Ferreira was arrested by Gadchiroli police in a case of firing on a police squad in 2007 registered at Purada police station.

Ferreira and Meshram had been acquitted on September 23 by the sessions court of Chandrapur. He was among 10 persons to have got a clean chit from the court in the crackdown on activists of the Deshbhakti Yuva Manch by Chandrapur police in January 2008.

“Police cannot arrest or detain any person while in civil clothes, without informing him about the ground of arrest as per guidelines issues by the Supreme Court in DK Basu case. Here, a bunch of lawyers witnessed how Ferreira was packed into a car by plainclothes police from the jail gate. It is contempt of court,” said Ferreira’s counsel Anil Kale.

“Ferreira was released after paying surety before the court. They could have charged Ferreira earlier too in the same case. Why did the police wait for his release to arrest him again? Police have arrested Ferreira on the basis of a person called ‘Arun’ being referred to in the case, whose religion was mentioned as Hindu. Ferreira is Christian,” said Kale.

Advocate Surendra Gadling, secretary of Indian Association of People’s Lawyers, and Ferreira’s counsel, said that Dhantoli police refused to even entertain lawyers who went to lodge a complaint against the unconstitutional arrest. “Ferreira has been denied opportunity of meeting his lawyers too,” said Gadling.

Ferreira’s counsels described the latest arrest as a clear violation of Supreme Court guidelines and unconstitutional. They have complained against the arrest to five authorities including Nagpur Bench of Bombay High Court and city police.

Security agencies associate Mumbai-based Ferreira with the Naxal movement and label him as a top cadre of the rebels. He is said to have played a key role in Maharashtra State Committee Rajya Committee. Ferreira was arrested along with Ashok Satya Reddy, alias Murli, Naresh Bansod and Dhanendra Bhurle from Deekshabhoomi in May 2007 by city police. He was charged with more than 15 cases in connection with Naxal movement. He has been acquitted in all cases.

——

http://www.hindustantimes.com/Nagpur-jail-inmates-to-go-on-hunger-against-Mumbai-Maoist-s-re-arrest/Article1-751176.aspx

Nagpur jail inmates to go on hunger against Mumbai Maoist’s re-arrest

The re-arrest of Mumbai-based Maoist leader Arun Thomas Ferreira by the police on Tuesday has triggered sharp reactions from the ‘political prisoners’ lodged in the Nagpur central jail.
About 115 such Nagpur central jail inmates will observe a one-day hunger strike on Thursday
(September 29) in protest against the alleged high-handedness of Nagpur and Gadchiroli police.

Ferreira, whose release was ordered by the sessions court on Tuesday, was immediately re-arrested by the anti-terrorist squad (ATS) when he stepped out of the prison. He was later taken to an undisclosed location.

But ATS declined any role in Ferreira’s re-arrest. “We have not arrested him. He might have been re-arrested by the Nagpur police on different charges,” said Milind Totade, inspector, ATS.

Ferreira and senior Maoist Murali alias Ashok Satyam Reddy were arrested on May 8, 2007 at Nagpur for allegedly trying to hold a secret meeting here at Deekshabhoomi. They were charged under the Unlawful Activities (Prevention) Act, Indian Arms Act and section 353 of the Indian Penal Code (assault or criminal force to deter public servant from discharge of duty).

However, the sessions court acquitted Ferreira and others in this context. The prosecution failed to prove their Naxal credentials and association with the banned CPI (Maoist) or involvement in unlawful activities. “Ferreira was acquitted in as many as 10 cases. The police re-arrested him on some other charge,” alleged Surendra Gadling, Ferreira’s lawyer.

Gadling informed that the jail inmates have already informed the jail authorities about their hunger strike on Thursday.

Jail superintendent Vinod Shekdar was not available for comments.

Earlier, 12 political prisoners, particularly the suspected naxalites lodged in Nagpur central jail, went on an indefinite hunger strike in April 2008 against the alleged torture and harassment by the state police.