Maharashtra – Letter of complaint against the abduction of Arun Fereira and subsequent arrest

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.