Maharashtra: Letter from Hem Mishra to Chief Justice of Gadchiroli

June 12, 2015

[Note from Defence Committee for the Release of Hem and Other Political Prisoners – “We have received a letter of Hem Misra, written to Chief Justice of Gadchiroli District, Maharashtra. This was written after he was beaten up brutally by Maharashtra Police while taking him to Government Medical College and Hospital, Nagpur, from Nagpur Central Jail on 20th March 2015. We are sending you a copy of English translation of the letter for publishing.“]

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To,
The Honourable Chief Justice,
Gadchiroli District, Maharastra

Subject: Demand for Judicial Enquiry Process and Strong Action against The Police Escort Party for Beating, Abuse, Threatening, Not allowing me to avail Medical Treatment.

Complainant: Hem Kesav Datta Mishra, ST No. 13/ 2014
UT No. 56, Anda Cell, Nagpur Central Jail, Nagpur

Respected Sir,

I, Hem Kesav Datta Mishra, am an under-trial prisoner in the Nagpur Central Jail. The case against me- 3017/ 2013 is filed in Aheri Police Station. At present my case has been framed in the Sub Court of Gadchiroli for trial. Its been a long time that I was suffering from pain in the spinal cord, toothache, corn on my feet. For these reasons the Chief Medical Officer of Nagpur Central Jail referred me to the GMCH (Government Medical College and Hospital), Nagpur. They were supposed to take me there, today, 20/ 03/ 2015. Today, 20/ 03/ 2015, at 9.30 AM in the morning the jail karmcharis took me to hand me over to the Police Escort Party for my treatment.

In order to take me to GMCH, Nagpur, for treatment the Police Escort Party (Strong Guards) reached. One female ASI from the Escort Party came inside the jail to take me. I requested her not to put handcuff in my hands. She said “all right”. After this I went out of the jail gate. The moment I stepped out of the jail gate, four members of the Escort Force came near me. One of them had a handcuff in his hand. His name is Rajeswar Gedam. He started putting handcuff in my hands. I asked him to show court order before handcuffing me. Immediately the ASI of the Escort team Bhimrao Rawat and other security guards started putting pressure to handcuff me. I informed them about Suprime Court’s judgment against putting handcuff to the prisoners while taking them out of Jail. I asked them to bring my copy of that Judgment from the Jail barrack. They told me that “hum tujhe jail ke andar nahi le ja sakte hain”. After this the ASI Bhimrao Rawat started threatening me by saying- “we will see how you don’t wear handcuff”. In between he pulled my hair and punched me, and police Rajeswar Gedam tore off my shirt and started hitting me in my right hand. For which my right fingers were injured. After this they took me to the grilled shelter inside the jail premise, while constantly punching me. This shelter is situated outside the Jail premise in the right side of the Jail wall. Police ASI Bhimrao Rawat, Constable Rajeswar Gedam, and the other guards hit me in that shelter, and they threatened and abused me. Police ASI Bhimrao Rawat threatened me by saying-“we have handcuffed so many biggies and took them. Who are you in front of us.” In between the female ASI who came to take me , left with the other prisoners in the police van.

After keeping me in the shelter for an hour the Escort Party took me back inside the jail. Right after coming back to the yard I informed the Senior Jailor Sri Atram Ji about this incident. I showed him my injuries due to the police-beating and also showed the condition of my shirt. After seeing the injury marks in my body he immediately asked me to go for treatment in the Jail Hospital and asked me to prepare and submit a written report. After this I informed the Chief Medical Officer of Nagpur Central Jail about this incident. He prepared a medical report after checking the condition of my hand, gave me tetanus injection and other medicines.

Sir, hereby I want to add some more facts regarding this incident. Today morning from 9.30 AM to 10. 45 AM four members of Police Escort Force kept on harassing me mentally and physically in the Grilled Shelter Room inside the Jail premises. They punched me repeatedly in my head, shoulder, chest, back-side and belly, they pulled my hair and they also kicked me again and again. When I asked them not to beat me, Police ASI Bhimrao Rawat, constable Rajeswar Gedam abused me and said- “we are the Strong Guards. We will take you in a manner as we wish. We don’t care about any Supreme Court rules. You asked us no to handcuff you. We will beat you so much that after today you will forget about this rule regarding handcuff.” They punched and kicked me repeatedly in my left arm which is weak because of my physical disability, and right leg which is weak because of a surgery and did not take me to the GMCH (Hospital) for treatment.

I am a physically disabled person. For which I had to undergo various surgeries in my left hand and my right leg. Except all these presently I am suffering from pain in the spinal cord, toothache, and corn in my feet. In spite of my disability and current sickness the Police Escort Party intentionally beat me, assaulted, attacked me, abused/ threatened me, humiliated me and with that they violated the supreme court judgment regarding handcuffing the prisoners while taking them out, and prevented me from availing medical treatment.
The cruel assault on me by Escort Party from Nagpur Police Headquarter on 20th March 2015 on me is not only physical torture which the constitution of this country, law or Supreme court do not allow but it was also a humiliation which denigrates humanity. In past days also when my case was not referred to the session court, I quoted Honourable Supreme court’s judgment, Jail manual, criminal manual, circulars of Maharastra Government to the Escort parties against handcuffing. Back then the Escort party neither handcuffed me not did they captivated my body in any other way. In the very same manner I quoted Court Judgment, Manuals or circulars this time. But this time the Escort Party cruelly assaulted me.

Sir, I am pleading you to intervene in this matter soon and start the process of enquiry against the persons responsible for this assault since you are my judicial custodian. I am an under-trial prisoner under your jurisdiction. My safety and security is under the jurisdiction of your court. Sir, kindly take note of this incident and please order the Police commissioner and the Chief Superintendant of Nagpur Central Jail to start the preliminary enquiry (CFIR) against the persons who assaulted me as soon as possible. I have already filed a complaint against this incident to the Jail Superintendant.

I am pleading to you as my judicial custodian to order to file an FIR against the personnels on the basis of what I am mentioning below and please order according to your own judgment.

• According to IPC, 324 and 326, I demand an order so that complaint can be filed against the officers and other officials of the Police Escort Party for beating, abusing and threatening me.
• According to ‘Persons with Disabilities Act 1995’ there should be an enquiry against the police officers and officials for beating and assaulting me.
• There should be enquiry against the violators of Assistant Police Commissioner, Circular of the Director General of Police, No. PM No./22/ Handcuff/ 95, Mumbai, Dated 01.07. 1995
• There should be enquiry against the violators of Criminal Manual 8B (1), (2) (Page No. 205).
• There should be enquiry against the violators of Jail Manual ….34 Rule No. 12
• There should be enquiry against the violators of The Judgments of Indian Supreme Court- 1. AIR 1980 SUPREME COURT 1535= 1980 Cril. J. 930
V. R. Krishna Iyer, R. S. Pathak AND O. CHINNPA REDDY, JJ
Writt Petn. No 1079 of 1979 Dated 29. 04. 1978
Prem Shankar Shukla V. Delhi Administration
(ii) AIR 1996, SUPREME COURT, 2193. KULDIP SINGH AND N. VENKATACHALA, JJ Writt Petn (Civil) No. 220 of 1995, Dated 1. 9. 1995 Citizen for Democracy Vs State of Assam and Others .

Thank You,
Your Under Trial Prisoner
Date: 20.03.2015 Hem Kesab Datta Mishra
No. 56, Anda Cell
Nagpur Central Jail, Nagpur