References
1. My letter No.
ZAK/CJI/P/PM/HM/EAM/LM/E/52 dated 01/07/2011
Royal Treatment or bitter treatment to the under trials in India…………
2. My letter No. ZAK/CJI/P-I/PM-P/PM/EAM/LM-I/E/71 dated 28/09/2011
Abu Salem will no more bear
atrocities in Indian Jails.
3. My
letter No. ZAK/P/PM-UK/PM/HM/EAM/LM-I/E/73 dated 13/10/2011
Iqbal Mirchi will not remain safe in India.
4. Davy not to be extradited from Portugal to
India. H.T. News dated 01 July 2011.
5. Portugal wants Abu Salem back. News Hindustan
Times dated 28/9/11.
6. IM man killed inside jail. Asian Age 9th June 2012.
Dear
Sir / Madam,
Indian jails are not safe for security reasons. On 8th of June 2012, the alleged IM
operative has been murdered in a very inhuman way by Hindu Hardliners in Pune’s
Yarvada Jail. The Yarvada jail is
considered one of the most safe Jails amongst all in India. It is serious negligence and delinquency of
duty at the part of Jail Authorities, Jailor and the Home Ministry of
Maharashtra. In fact in almost every
cases Maharashtra ATS arresting Muslim youths in the charges of Terrorism.
This time ATS arrested Qateel Siddiue but could not keep him
safe. Previously ATS used to killed an innocent in cold blooded in the
form of fake encounters, when the act of ATS and police has come to the public, and public become aware about fake
encounters which is nothing but a kind of legal terrorism of police. Now Maharashtra Government is playing a new dirty
game, and started murder of Muslim youths who are involved in Terror related
charges with the hands of gangsters. Certainly
this has been done by Chota Rajan or Hindu Terrorists on the instigation of
Government.
Maharashtra ATS took
the custody of Qateel Siddique from a Delhi Court in the month of May this year
only. It would be the responsibility of
Maharashtra Government and ATS to keep the so called culprit safe and returned
back to the Delhi Police. It is the negligence at the part of
Maharashtra ATS and Jail authorities.
Some
inhuman cases in the Indian Jail on Muslims.
1. Music Magnate Gulshan Kumar was murdered in the year
1997. Mumbai police with malicious
intention framed Nadeem Saifee in the case because of communal mentality and
his Muslim background, Nadeem sought asylum in Britain, in the year 1997. Mumbai Police files for his extradition in
London, which was granted by a Bow Street Magistrate's Court.
Nadeem Akhtar Saifee pleaded in the
Britain High Court against Magistrate’s Order, that he is falsely implicated in
the case; he did not have faith on Indian Judiciary that he will get justice in
India. Mumbai Police may kill him in fake encounter. He will be mistreated in
the Jail if he is extradited. The London high court had favours Nadeem Plea and
overturned a lower court's verdict that Nadeem be extradited. The House of
Lords then upheld the high court's decision in the year March 2001. It said
there was no evidence of Nadeem' s involvement in Gulshan Kumar's murder.
The misbehavior of the Mumbai police
is so obvious that it has tainted the entire evidence to such an extent as to
render a fair trial impossible. In fact,
Lord Justice Christopher and Justice Paul Newman of the London high court said
in the verdict of December 21, 2000 that the Indian government's extradition
application and the "accusation of murder and conspiracy against Nadeem
was not made in good faith and in the interests of justice".
"Having reached this
conclusion, we are also satisfied that it would not be fair to return the
Nadeem because the appearance of misbehavior by the (Mumbai) police in pursuing
inquiries. The activities surrounding that misbehavior have so tainted the
evidence as to render a fair trial impossible."
The Indian government has paid £1
million to Hindi film music director Nadeem Saifee as cost of litigation after
he was exonerated of the charges of his involvement in the murder of cassette
king Gulshan Kumar by the London high court.
2. Gangster Abu Salem filed an affidavit in the Portuguese
Court, saying that Indian Authorities are violating the extradition treaty and
the clause of affidavit made by the Indian Government. The Portuguese court
took very serious views on that affidavit and told Indian Government if
violation of treaty will not stop then Protegees Government will not extradite
any criminal on the request of Indian Government henceforth.
Monday, April 17, 2006 11:43:31 IST
Say it's violation of extradition treaty which presupposes that Salem will be
in India for trial, not investigation.
The investigating agencies keep on slapping charges against extradited
gangster Abu Salem, brought to India
with eight charges looming large over him, Salem was interrogated by CBI in the
'93 bomb blasts' case by Anti Terrorist Squad (ATS) in builder Pradeep Jain's
murder case and now by the Crime Branch CID in the Ajit Diwani murder case.
Every investigating agency wanted to file a charge sheet regarding whatever they
revealed during their investigations. But lawyers representing Salem have now
taken a stand that the interrogation of the accused itself was bad in law, as
the terms of extradition do not permit for interrogation of Salem.
3. A petition was filed in July 2008 by Saeed Shaikh, son of
one of the 7/11 train blasts accused Mohammed Shaikh, alleging that his father,
and many other prisoners, were mercilessly beaten up with batons, sticks and
stones by jailor Swati Sathe and others. His father fractured his leg, and the
petition alleges he was not given any medical treatment. Shaikh had alleged at
least 30 accused were beaten mercilessly on June 28, 2008 under the guise of
shifting them to other prisons. Swati Sathe justified the beating. Sathe had on
her affidavit said that the under trial prisoners started shouting. Sathe contended that the jail manual allows
jail authorities to use force whenever necessary and accordingly minimal force
was used. However, the petitioner’s counsel argued that there was no occasion
for the use of force. As there was dispute about the facts related to the case,
the HC had ordered a judicial inquiry to decide whether the use of force by the
jail staff was necessary or not.
The court was hearing a petition
filed by the son of a 7/ 11 bomb blast accused, who had alleged the accused
were beaten up by Arthur road jail staff, including Sathe. Later Swati has been transferred to Nasik
Jail from Arther Road Jail Mumbai.
4.
Recently Denmark High Court has refused to extradite Kim
Davy expressing apprehension that he may be subject to torture in India. The jury of five Judges special bench pointed
out that India has not ratified the UN torture convention. They pointed out
that Davy if extradited to India would be subject to torture or any other
inhuman treatment.
It is request:
1. Inquiry for the Murder of Mohammed Qateel Siddique be carry
out with any central body or International Body.
2.
Terror related cases should be handled by International Body
and cross be carry out in International Court The Hague.
3.
Sack and terminate the Jailor and other related jail staff
with immediate effect.
4. Abolish the status of ATS, under the negligence of duty, who
demanded the custody of culprit from Delhi Police but could not handover safely
to Delhi Police.
5. Reserve 20% Muslims in Police, Army, Administration and
Judicial services.
6.
Any other relief as authorities deem fit and proper.
Thanking
you,
Yours
faithfully,
Zuber Ahmed Khan