1. THE HUMAN RIGHTS COMMISSIONER
UNITED NATIONS INDIA
30th
March 2021
SUBJECT: Violation Of Human Rights / Brutally Beating Of Sikh During
Investigation.
RESPECTE LORDSHIP,
"The rights of every men are diminished when the rights of one man is threatened." That
for the past several decades, united nations have interfered in violation of human rights
whenever needed in any part of world, now the Indian government is violating many
numbers of human rights by acting as an arbitrary power and even risking and surpassing
the fourth pillar of democracy the Media and henceforth we need your concern and
interference towards the on-going protest of farmers.
That, a countrywide peaceful protest against the new farm laws 2020 was called up by the
farmers of the entire nation in the month of November 2020 and as of now there is no solution
has been suggested by government.
That, the farmers are sitting on various borders of Delhi namely SINGHU BORDER,
TIKRI BORDER, GAZIPUR BORDER, SAHAJANPUR BORDER ETC.
That, since the initiation of the protest, the farmers are getting arrested by the police from the
protest site unreasonably and inappropriately in an arbitrary and barbaric nature by the police
officials in a manner contrary to the rules and guidelines laid down by the Apex Court of this
nation which is mentioned below.
That your Hon’ble lordship, we are obliged to mention here about the decision of the Hon’ble
Supreme Court in DK BASU VS STATE OF WEST OF BENGAL (1997) 1 SSC 416,
wherein the Hon’ble court has laid down the following guidelines and the rights of the arrested
persons which are as follows:
1. The police personnel carrying out the arrest and handling the interrogation of the
arrestee should bear accurate, visible and clear identification and name tags with
their designations. The particulars
2. of all such police personnel who handle interrogation of the arrestee must be
recorded in a register.
2. That the police officer carrying out the arrest of the arrestee shall prepare a memo
of arrest at the time of arrest and such memo shall be attested by at least one witness,
who may either be a member of the family of the arrestee or a respectable person of
the locality from where the arrest is made. It shall also be countersigned by the
arrestee and shall contain the time and date of arrest.
3. A person who has been arrested or detained and is being held in custody in a police
station or interrogation Centre or other lock-up, shall be entitled to have one friend
or relative or other person known to him or having interest in his welfare being
informed, as soon as practicable, that he has been arrested and is being detained at
the particular place, unless the attesting witness of the memo of arrest is himself
such a friend or a relative of the arrestee.
4. The time, place of arrest and venue of custody of an arrestee must be notified by the
police where the next friend or relative of the arrestee lives outside the district or
town through the Legal Aid Organization in the District and the police station of
the area concerned telegraphically within a period of 8 to 12 hours after the arrest.
5. The person arrested must be made aware of this right to have someone informed of
his arrest or detention as soon as he is put under arrest or is detained.
6. An entry must be made in the diary at the place of detention regarding the arrest of
the person which shall also disclose the name of the next friend of the person who
has been informed of the arrest
3. and the names and particulars of the police officials in whose custody the arrestee
is.
7. The arrestee should, where he so requests, be also examined at the time of his arrest
and major and minor injuries, if any present on his/her body, must be recorded at
that time. The ‘Inspection Memo’ must be signed both by the arrestee and the police
officer affecting the arrest and its copy provided to the arrestee.
8. The arrestee should be subjected to medical examination by a trained doctor every
48 hours during his detention in custody by a doctor on the panel of approved
doctors appointed by the Director, Health Services of the State or Union Territory
concerned. The Director, Health Services should prepare such a panel for all tehsils
and districts as well.
9. Copies of all the documents including the memo of arrest, referred to above, should
be sent to the Ilaqa Magistrate for his record.
10.The arrestee may be permitted to meet his lawyer during interrogation, though not
throughout the interrogation.
11.A police control room should be provided at all district and State headquarters,
where information regarding the arrest and the place of custody of the arrestee shall
be communicated by the officer causing the arrest, within 12 hours of effecting the
arrest and at the police control room it should be displayed on a conspicuous notice
board.”
That your lordship, the above-mentioned guidelines were prescribed by the Highest
Court of the Nation and the Legislative and executive branch of the Government
through the police officials are committing a grave error by violating all the said
guidelines.
4. That, the Rule and Law position of our nation which prescribes various rights to
the person arrested are also being violated by the government at present as
mentioned as follows:
a. Section 50 of code of criminal procedure states that every police officer or any
other person who is authorized to arrest a person without a warrant should
inform the arrested person about the offence for which he is arrested and other
grounds for such an arrest. It is the duty of the police officer and he cannot
refuse.
b. Section 50 (A) of code of criminal procedure of obligates a person making an
arrest to inform of the arrest to any of his friends or relative or any other person
in his interest. The police officer should inform the arrested person that he has
a right to information about his arrest to the nominated person as soon as he is
put under custody.
c. Section 55 of Code of criminal procedure states that whenever a police officer
has authorized his subordinate to arrest any person without a warrant, the
subordinate officer needs to notify the person arrested of the substance of
written order that is given, specifying the offence and other grounds of arrest.
d. Section 75 of code of criminal procedure states that the police officer (or any
other officer) executing the warrant should notify the substance to the person
arrested and show him a warrant if it required.
e. Article 22 (1) of Constitution of India states that also states that no police officer
should arrest any person without informing the ground of arrest.
5. The above-mentioned rights are being violated by the police officials while arresting the farmers
ignoring all the laws / rights of the accused persons.
That your lordship, one of the incident that came across lately is where a Sikh Name “JUGRAJ
SINGH ” was firstly called for investigation by NIA (National Intellignce Agency) ON 27th
March 2021 Jammu , and during the investigation he was brutally beaten up by the officers and
senior officers (we are attaching printed photographs of incident) .
That your lordship police has arbitrarily used their powers to beat innocent citizens who are
supporting farmers .
That your lordship , As per UNHRC , every prisoner has a right against torture , by police
In this case he was just been called up , for investigation.
PRAYER:
That your lordship, as the matter of Human Rights violations, we want your concern towards
the situation of farmers in India and in the on-going agitation, kindly interfere in the matter
and issue guidelines to the state for violating the human rights and violating UNHRC
RULES.
Thanking you
Yours faithfully
1. Advocate Vasu Kukreja
Chamber number 625 b western wing tis hazari court Delhi 110054
2. Advocate Raveneet Kaur
3. Advocate Jaswanthi Anbuselvam
No.31, Lawyers Chambers, R.K.Garg block , Supreme Court of India.
4. Adv. Ajit Pal Singh Mahender
5. Adv. Harinder hora