Shruti Nagvanshi
The People’s Vigilance Committee on
Human Rights (PVCHR) started Satyagrah (Human rights street movement) for rule
of law and human rights defenders from 15th August, 2013 and it continues for a
months in various place of Uttar Pradesh and Jharkhand with the participation of
thousands of people.
The movement is to raise voices against
drug Mafia, Sex mafia, police atrocity and apathy of cases against Human Rights
defenders in various part of Uttar Pradesh. This satyagrah started on 15th
August, 2013 and continues for four days in front of street of PVCHR office.
On 18th September, 2013 they organized
first phase culmination of satyagrah at 10 am in front of the Vidhan Sabha
Bhawan, Lucknow.
Satyagrah or as I call it a Human
Rights Street Movement, is the way left now to bring facts about the corrupt
system to the knowledge of leaders.
Discriminatory attitudes and lack of
sensitization to the dynamics of crimes involving sexual or domestic violence
leave victims without critical police aid or redress to which they are
entitled. The police attitude that domestic violence is primarily of a private
nature is the most unfortunate trivialization of a grave social evil, that too,
when the police are empowered to arrest the perpetrator without any warrant.
The Protection of Women from Domestic
Violence Act, 2005, was enacted to augment women’s immediate protection from
violence through emergency relief, including access to temporary protection
order and domestic violence shelters.
In reality, the situation, however,
depicts a complete reversal. The lawyers and activists say that due to poor
implementation of the law, women facing imminent and life threatening violence
remains hostage to police attitude. This attitude of the police perhaps stems
from its traditional legacy of „rule of lords‟, the same as its colonial
masters. This is the common bond between the police and the feudal lords in India,
which do not believe in the concept of welfare state.
http://lib.ohchr.org/HRBodies/UPR/Documents/session13/IN/PVCHR_UPR_IND_S13_2012_PeoplesVigilanceCommitteeonHumanRights_E.pdf
Mr. Sunil Gupta had a love marriage
with his first wife Ms. Soni Gupta in 1995 and approximately after 7 years of
the marriage his wife died due to hanging, which also means she was either
killed or she herself committed suicide? The tragic death amply proves that Mr.
Sunil Gupta has a bias attitude towards women which led to the untimely death
of Ms. Soni Gupta. Ms. Sapna Chaurasia has testified, “His previous wife in
all probability was forced to take such an extreme step of ending her life just
because she could not bear such cruel and inhuman treatment meted out to her.
After the incident Sunil Gupta had a compromise deal with the Soni’s family. In
the absence of any legal action, Sunil Gupta got a moral boost for his
actions”. It is a well known fact that Sunil Gupta has made clouts in
the Bhelupur police station, Varanasi in India and
using that power for illegal purposes which constitute a serious threat for the
“Rule of Law”. A false case with Crime number 199 under section 13, 342,
384, 498 was filed by Sunil Gupta in Bhelupur police station against me and my
wife Shruti on 19 June , 2013 which is a clear example pointing to that.
Surprisingly, Sunil Gupta filed the same complaint with the office of IG
police, Varanasi zone on 21 January, 2013 and the matter was investigated by
the Circle Officer, Cantonment area. Sunil Gupta has referred this also in his
statement. In his final investigation report (No: CO Cant – CST/RGZ-09-2013)
submitted by Mr. Rakesh Kumar Singh, Circle Officer on 20 February, 2013, the
allegations leveled by Mr. Sunil Gupta were proved false and baseless. On the
basis of same allegations Mr. Sunil Gupta filed a habeas corpus writ petition (No:
8753/2013) in the honorable High Court on which Sapna and her brother Shyam
made their statements before the court. Honorable High Court while dismissing
the writ petition passed the following order:
“Sunil Kumar Gupta, the husband of the
corpus has appeared before this Court along with a five years child who is
admittedly born out of this wedlock. The question of his custody may arise but
for that purpose, corpus may apply before the proper forum in a separate suit
if she is so advised. The petition stands disposed of, accordingly. Corpus is
set at liberty she may go anywhere as per her wish and desire. Her husband,
Sunil Kumar Gupta, is restrained from making any kind of interference in the
peaceful life and liberty of the corpus.
With the aforesaid observations, this
petition stands disposed of.”
After the court judgment Sapna sent
registered letters to DGP, SSP, SHO- Cant, SHO-Women’s Police Station and
SHO-Bhelupur Police Station on 25 March 2013. It is quite astonishing to
know that Sunil Kumar Gupta has filed a case in the High Court on behalf of his
wife in which he has made District Magistrate, SSP and the UP government via
Home Secretary along with me as a party in the case. I was served a notice in
the case. It is quite obvious that District Administration and Varanasi Police
must also have been served notices for the same. But on 18 March, 2013 but no
one was present in the court on behalf of District Administration and Varanasi
Police. Varanasi district police also sent a report to the National Human
Rights Commission on 10 April, 2013. But the above mentioned facts and the
details of the Honorable High Court’s judgment were not taken into
consideration as evidences. While Sunil Gupta clearly mentioned about it in his
statement to Varanasi police. It proves that Varanasi police is giving
additional protection to Sunil Gupta. On 3 December, 2013 Sapna Chaurasia sent
a registered complaint letter to the Senior Superintendent of Police and I also
sent complaint letters to Senior Superintendent of Police and the National
Human Rights Commission on 5 December, 2013. After the notice of Honorable
Human Rights Commission and reminder from the Home Ministry, Varanasi Police
filed a case with No: 4/13 under Sections 328, 511, 498 A, 323 and 504 of the
Indian Penal Code. At the same time before 10 April crucial sections namely;
328, 511of the IPC were removed from the case list. While under the other
sections the case was referred to the mediation center in Varanasi by the
government order in which 11 April, 2013 was mentioned as the date for
mediation. A day before this, on 10 April, 2013 report was also sent to the
honorable Human Rights Commission. This action also makes it clear that Sunil
Gupta was being protected by the Varanasi police. At the first stance the FIR
was filed after three months and within less than one month of time two crucial
sections were removed from the charges and the whole matter was made out to be
a case for mediation. An FIR on the same charges was filed in Bhelupur police
station against those who were pleading the case on which police investigation
had already been completed and the honorable High Court had passed its
judgment. Therefore an FIR under section 166 A of IPC should be registered
against the police officials of Varanasi police responsible for this act. In
this connection on 20 June 2013, I have sent my statement before my death
through a registered letter as well as through E Mail to DGP-UP, Chief Minister
of Uttar Pradesh and Chairperson, National Human Rights Commission in which I
have clearly mentioned that Varanasi SP (City), corrupt officials of Cant
police station, corrupt non government organizations along with anti women
elements could conspire to eliminate me physically. On 24 January, 2013 I also
issued an urgent appeal to conduct a high level enquiry by CBI or CB-CID and
sent my petition to various police officials and the National Human Rights
Commission. I made accusations for an imminent threat on my life and security
along with attempts to implicate me in fabricated legal cases but no action was
taken on my complaint. On 19 June 2013 on the basis of a letter written to
Chief Medical Officer by Sunil Gupta, a case was filed against me and my wife
Shruti. On 23 June 2013 I informed the DGP- UP, Chief Minister of Uttar Pradesh
and Chairperson, National Human Rights Commission about death threats and
attempts to falsely implicate me through a registered letter and E Mail.
Meanwhile on 26 June 2013 I held a meeting with the honorable Chief Minister of
Uttar Pradesh at his residence and DGP- UP with a representative committee
having 8 members and I gave an application for investigation and action on this
incident along with several other issues. On the same evening I got a phone
call threatening to implicate me in a rape case and I informed about it through
social networking site Face Book. I sent my complaint regarding calls
threatening to implicate me in false cases and my murder, through registered
letter to various officials of the honorable National Human Rights Commission.
But no action was taken and after that
on 24 April 2013 I was attacked with weapons with a clear intention to kill. A
case was registered with case no: 359/13 under sections 307, 452, 341, 323 on
25 April, 2013. Even after the registration of the case no investigating
officer came to investigate even once. After that Sunil Gupta and his gang
started attacking my wife with slanderous remarks by creating an account in
Face book. They also made objectionable and unethical remarks on my cousin
sister’s marriage terming as a high profile NGO party by using photographs from
my wife’s face book account for which Shruti filed a case with Crime no: 418/13
in Cant police station under sections 66 G, 66 GH and 67 B of the IT Act.
On that complaint investigating officer visited us only once. On 13 May,
2013 I wrote a letter to the Senior Superintendent of Police, Varanasi informing
about it. On 18 June, 2013 I wrote a complaint to the IG, Varanasi Zone
informing him that Sunil Gupta has threatened the relatives of Sapna to make a
compromise otherwise she would have to face consequences. While talking about
the gang war he claims to be a member and close confident of Munna Bajrangi
ganghttps://en.wikipedia.org/wiki/Munna_Bajrangi.
The conversation had been
recorded and produced before the police official. The matter is being
investigated by the Circle Officer, Cant Police Station, Varanasi. My statement
has also been recorded and further action is awaited in the matter (CST/RTZ 997-13,
June 23, 2013, Senior Superintendent of Police). On the complaint of Shruti,
the District Probation Officer has already sent a letter to the Senior
Superintendent of Police to take action on the matter (Letter No: 2572-73/
Dist/ Pro/ Office/ SSP/Complaint/2012-13).Once again by disregarding the order
of Honorable High Court Sunil Gupta gave a complaint to District Collector,
Varanasi and asked District Probation Officer to start investigation against me
once again (Letter No: 778-9/Dist/Pro/Off/Complaint/Investigation/2013-14/
Dated 17, June 2013). Before all this I and Sapna had already submitted
our prayer to take action against Sunil Gupta under section 182 of IPC. It is
to be noted that Sunil Gupta can harass me and my organization with the connivance
of corrupt police, corrupt lawyers, corrupt media and corrupt officials, so one
can only imagine the fate and condition of Sapna and her family. One day Sunil
Gupta forcibly abducted Sapana’s younger sister Soni and she could be freed
only after her brother Shyam interfered in the matter. In its investigation
report on 10 February, 2013, Bhelupur Police station, Varanasi wrote to the
Senior Superintendent of Police, Varanasi that when the missing girl was found,
Lenin Raghuvanshi neither informed the police nor he informed the higher
officials whereas on 3 December, 2012 Sapna immediately sent a registered
letter to the Senior Superintendent of Police, Varanasi informing about it. The
same complaint was sent to the honorable National Human Rights Commission on
which the commission sent a notice to the Senior Superintendent of Police,
Varanasi on 15 December, 2012. Before 10 February, 2013 the committee has
written letters to many higher officials. But contrary to expectations, the
Bhelupur police station acting like a court and without recording my and
Sapna’s statements decides on its own which clearly indicates the influence
Sunil Gupta has on the officials of Bhelupur police station.
On 24 January, 2013 it has been
demanded in written from National Human Rights Commission that an enquiry from
the CB-CID should be set up in this case. In this case I was physically
attacked in attempts to save the life of the victim. I had to approach the High
Court in a false case. False case was filed against me and Shruti. I was
defamed in the social networking site. It all happened because I am a human
rights worker. I filed a complaint in the National Human Rights Commission but
the ‘Human Rights Defender Desk’ at the commission did not take appropriate and
legal steps.
Sapna revealed in her
testimony, “I was kidnapped approximately after 4 days and after
completing marriage formalities they took me to home. My mother was alone at
home; she could not do anything because she was frightened by his power”. Sapna
also told that they forced her to sign on a paper and this happened in a hotel.
She said “I know one can get notary papers signed forcibly at home”. The
matter should be investigated whether notary register carry the signatures of
Soni Gupta and Sapna or not?
The other fact is that in
2012 the age of Sapna was 23 years and during 2005-6 her age must have been 15
to 16 years. At that time, this marriage is clearly a case of child marriage
which is illegal under Indian law. But Varanasi police continues to hide this
fact. Whereas this is a case of forced marriage which was agreed upon due to
pressure and fear? Sunil Gupta’s influence within the police administration can
be found in his statement where he says he get the call details of his wife. SP
(city) police office does not even care to know the matter that how he manages
to get the call details. It should be mentioned that Sapna has been nominated
in the category of crusaders of women’s rights in the Hindustan Times and her
name was also published in the daily. Sapna was also honored with a certificate
presented to her by Member of Parliament, Mrs.Dimple Yadav and the famous film
actress Shabana Azami . Therefore, action should be taken against the police
officials under section 166A of IPC.
In the evidence scrutiny no: 3
police has told that the evidence given by Sunil Gupta shows that Sapna’s
medical treatment with drugs started in 2010 while their marriage took place in
2005. So clearly in the span of 5 years she was tortured and also forcibly
given alcohol and administered injections. When Sapna’s condition deteriorated,
she was taken to a doctor. The doctors diagnosed her with “Adjustment
disorder”“An Adjustment disorder occurs when an individual is unable to
adjustment to or cope with a particular stressor, Like a major life event,”.It
has been stated further, “Unlike major depression however the disorders
is caused by an outside stressor & generally resolve once the individual is
able to adopt to situation”. The police should have managed to detect the “Adjustment
disorder”. It also means that Sunil Gupta worked as an Outside
Stressor, tortured her, gave her drugs and injections and oppressed her. When
she became too sick then took her for treatment. It is also a fact that
false case against me and Shruti was filed based on the letter addressed to the
Chief Medical Officer. This also reveals an open nexus between the doctors,
Sunil Gupta and the police. Therefore it is prayed that action should be taken
against anti women gang under the law along with an enquiry by the Independent
agency.
Sunil Gupta has accused that
Sapna ran away taking jewellery and cash with her in November 2012. Then in
July 2012 why did he make a claim for Vidavidai (ceremony performed when wife
goes to her parental home) in the family court. Sunil Gupta is a cunning and
anti women person.
On 20 December, 2012 Sunil Gupta
came to my residence and threatened me. I have already sent a registered
complaint letter to various higher authorities. Again on 16 February 2013, I
got a threatening call on my mobile which I already reported to the Senior
Superintendent of Police, Varanasi through a registered letter. Meanwhile,
Sunil Gupta sent a letter to the IG on 21 January 2013. Before this Sunil Gupta
did not provide any information of the previous incidents to any police
authority. This fact has neither been registered by investigating officers nor
been included in the evaluation of police report. It clearly shows that a
corrupt section of police department, corrupt gang of lawyers and some anti
social elements have joined together in their efforts and facilitated to send
this letter to the IG police. There was an enquiry on this matter and Circle
Officer Cant police station submitted his report. But on my complaints filed on
20 December, 2012 and 16 January, 2013, even my statement has not been recorded
so far. This also proves a close nexus of local police with Sunil Gupta. Even
on the complaint letter written to the honorable National Human Rights
Commission related to threats given to me, no action has been taken so far.
By terming the mental and
physical exploitation of Sapna Chaurasia as controversial and a case of
personal disagreements in its investigation report, the Varanasi police are
trying to hush up the matter. A corrupt section of the police is opposed to any
move to defend human rights issues. After the initiative of National Human
Rights Commission on a complaint filed on 5 December, 2012, a case was filed
against Sunil Gupta (case no: 04/2013 under section 328/511/498A/323/504/506 of
IPC) on 13 March, 2013 but two crucial sections namely 328/511 were removed
from this case by the Varanasi police. The fact is that this marriage took
place in 2005 but Sapna was taken to a psychiatrist for treatment in 2010. The
psychiatrist diagnosed Sapna suffering from Adjustment disorder which
is caused by the Stressor. In this case Sunil Gupta is the prime
cause for such stress. Unfortunately the police removed both the crucial
sections from the case which help in this kind of offences.
Hindu fascists and communal forces from
other religions of Intelligence agencies, police, media, society and other
civil society organizations in India want
to destroy PVCHR and finish me & my family. Continuously they are trying to
break me psychological and attacked few times physical. But I am remembering
quote of Mahatama Gandhi, “You can chain me, you can torture me, you can even
destroy this body, but you will never imprison my mind.”
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