Single sided coin of Indian Press.
Ref: Davy not to be extradited, Hindustan Times news dated 01 July 2011.
Dear Sir,
It is the wrong and common belief of Indian people that Kasab, Abu Salem, Afzal Guru and other Jail inmates have been given the royal treatment by the Jail and the Government Authorities. It is wrongly believed that Kasab has been provided the meal as per his own desire. He is entitled for Briyani, Chicken, Cow Mutton in Jail, no harassment or harm has been done to him. If that belief of Indian people is correct do anybody will give the proof for such royal treatment to Kasab? In fact India is the most inhuman as far as criminals are concerned. In Indian jails, the jail authorities have committed serious human rights violations.
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.
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.
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 beatenup 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.
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.
Merely, propagating the false news that Kasab and other under trials are being given royal treatment in India facts can not changed. The facts and data revels something different story. The international media and international human rights activists have no faith on Indian Jail authorities. Data tells that Indian Jail authorities committed serious human rights violation in the Jail with under trials.
Thanking you,
Yours faithfully,
Zuber Ahmed Khan
