The Asian Human Rights Commission, Hong Kong, has circulated an urgent appeal for intervention in the case of the torture of a woman lawyer by the police at Thrissur, Kerala
state.
The following is the text of the statement:
ISSUES: Custodial torture; impunity; police reforms;
professional freedom of judges and lawyers
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Dear friends,
The Asian Human Rights Commission (AHRC) has
received information regarding the case of brutal attack by the local
police of a lawyer, practising at Thrissur courts. It is
reported that the incident happened when the victim in the
case, Ms. R. K. Asha, went to help her client and friend Ms.
Neethu. The Sub-Inspector of Police, Mr. Lalkumar, stationed
at Thrissur East Police Station not only assaulted the
lawyer, but detained in custody her son, on fabricated
charges and assaulted the lawyer's minor daughter at the
police station. The children had accompanied their mother
since the lawyer was travelling at night. The Thrissur Bar
protested against the incident and has organised a public
rally demanding immediate action against the police
officer.
CASE NARRATAIVES:
According to the information received, Ms. Neethu, a
client as well as friend of the lawyer Ms. Asha, contacted
Asha at about 10:00 at night on 22 February. Asha was home
having dinner with her children. Neethu informed Asha that
she requires immediate legal assistance, since the local
police was trying to arrest and detain Neethu and her
friends.
Being already late into the night, but willing to help,
Asha went to meet her friend Neethu. Neethu had informed
Asha that the police is trying to take them into custody
from a restaurant in town. Asha took along with her, her son
as well as minor daughter for company. At the restaurant,
while Asha was trying to gather information from
Sub-Inspector of Police, Mr. Suraj, stationed at the
Thrissur West Police Station.
At this moment, the Sub-Inspector of Police from Thrissur
East Police Station, Mr. Lalkumar came to the scene
accompanied with other police constables. Without
provocation, Lalkumar started assaulting Asha's son and
daughter. The officers also in the meanwhile assaulted
Neethu and her friends and dragged them into a police
vehicle. Before Asha could do anything, the police also took
along with them, Asha's son.
Asha followed the police vehicle to the Thrissur East
Police Station. At the police station Asha tried explaining
to the police officer that her son had come along with her
since it was late and has nothing to do with Neethu and her
friends and for whatever purpose the police have arrested
Neethu. Hearing this, the Sub-Inspector of Police, Lalkumar
pushed Asha out of the police station room upon which Asha
fell down on the ground. Then Lalkumar started kicking on
Asha's leg, wherein Asha suffered serious injuries on her
both legs. Then the police dragged Asha out of the police
station building. Not satisfied, the officer then slapped
Asha's minor daughter. After this the officer asked Neethu
was ordered to sign a release letter and was allowed to
leave. They took Asha to Aswini Hospital where Asha is
receiving treatment. While the police officer was assaulting
Asha and her daughter, they were also using filthy language
against the lawyer, the other women as well as Asha's
daughter.
There is a background to this incident. About two weeks
before Asha had been to Thrissur East Police Station
concerning another case. At that moment, despite knowing
that Asha was representing her client, the police officer
Lalkumar had misbehaved with Asha, against which Asha had
filed a complaint against the officer at the office of the
City Police Commissioner. Asha claims that the reason why
the officer assaulted Asha on this occasion was to wreck
vengeance against Asha filing complaint against the
officer.
Asha is a lawyer practicing at the Thrissur Bar for the
past 14 years. Asha is a civil rights activist, has
regularly lectured at the Police Training College, and was a
member of the Thrissur Police Advisory Board. Despite all
this that this officer has dared to brutally assault a
lawyer shows the vested and adverse interest that the
officer entertains against Asha.
No one should be assaulted at a police station. A lawyer
is the officer of the court, while a lawyer is engaged in
legitimate acts that are covered under the professional
engagement of a lawyer with his or her client. Assaulting
and torturing a lawyer, while the lawyer is discharging his
or her official duties, is equal to attacking the court.
Therefore, the officer has not only committed an act of
torture against a citizen, but has also attacked an
important institution. It is also important at this juncture
to be aware that torture is not limited to acts of physical
attack upon suspects, but also involves acts of violence
that could be treated as punishment.
SUGGESTED ACTION:
Please write letters to the concerned authorities listed
below expressing your concern about this case.
The AHRC is also writing a separate letter to the Special
Rapporteur on the independence of judges and lawyers calling
for an intervention in this case.
To support this appeal, please click here:
SAMPLE LETTER
Dear ................,
INDIA: Torture of a lawyer in Thrissur must be
investigated
Name of the victim: Ms. Asha R. K.,
Advocate, Thrissur Bar Association, Ayyanthole Post,
Thrissur, Kerala state, India
Alleged Perpetrators: Mr. Lalkumar,
Sub-Inspector of Police, Thrissur East Police Station,
Thrissur, Kerala state, India
Date of incident: 22 February 2014
Place of incident: Thrissur East Police
Station, Thrissur District, Kerala State, India
The Asian Human Rights Commission (AHRC) is writing to
you to express concern about the assault and injuring of a
lawyer by the Sub-Inspector of Police at the Thrissur East
Police Station. The incident reported to the AHRC is as
follows:
The victim in this case is a lawyer with 14 years of
standing at the Thrissur Bar. Ms. Neethu, a client as well
as friend of the lawyer Ms. Asha, contacted Asha at about
10:00 at night on 22 February. Asha was home having dinner
with her children. Neethu informed Asha that she requires
immediate legal assistance, since the local police was
trying to arrest and detain Neethu and her friends.
Being already late into the night, but willing to help,
Asha went to meet her friend Neethu. Neethu had informed
Asha that the police is trying to take them into custody
from a restaurant in town. Asha took along with her, her son
as well as minor daughter for company. At the restaurant,
while Asha was trying to gather information from
Sub-Inspector of Police, Mr. Suraj, stationed at the
Thrissur West Police Station.
At this moment, the Sub-Inspector of Police from Thrissur
East Police Station, Mr. Lalkumar came to the scene
accompanied with other police constables. Without
provocation, Lalkumar started assaulting Asha's son and
daughter. The officers also in the meanwhile assaulted
Neethu and her friends and dragged them into a police
vehicle. Before Asha could do anything, the police also took
along with them, Asha's son.
Asha followed the police vehicle to the Thrissur East
Police Station. At the police station Asha tried explaining
to the police officer that her son had come along with her
since it was late and has nothing to do with Neethu and her
friends and for whatever purpose the police have arrested
Neethu. Hearing this, the Sub-Inspector of Police, Lalkumar
pushed Asha out of the police station room upon which Asha
fell down on the ground. Then Lalkumar started kicking on
Asha's leg, wherein Asha suffered serious injuries on her
both legs. Then the police dragged Asha out of the police
station building. Not satisfied, the officer then slapped
Asha's minor daughter. After this the officer asked Neethu
was ordered to sign a release letter and was allowed to
leave. They took Asha to Aswini Hospital where Asha is
receiving treatment. While the police officer was assaulting
Asha and her daughter, they were also using filthy language
against the lawyer, the other women as well as Asha's
daughter.
There is a background to this incident. About two weeks
before Asha had been to Thrissur East Police Station
concerning another case. At that moment, despite knowing
that Asha was representing her client, the police officer
Lalkumar had misbehaved with Asha, against which Asha had
filed a complaint against the officer at the office of the
City Police Commissioner. Asha claims that the reason why
the officer assaulted Asha on this occasion was to wreck
vengeance against Asha filing complaint against the
officer.
Asha is a lawyer practicing at the Thrissur Bar for the
past 14 years. Asha is a civil rights activist, has
regularly lectured at the Police Training College, and was a
member of the Thrissur Police Advisory Board. Despite all
this that this officer has dared to brutally assault a
lawyer shows the vested and adverse interest that the
officer entertains against Asha.
No one should be assaulted at a police station. A lawyer
is the officer of the court, while a lawyer is engaged in
legitimate acts that are covered under the professional
engagement of a lawyer with his or her client. Assaulting
and torturing a lawyer, while the lawyer is discharging his
or her official duties, is equal to attacking the court.
Therefore, the officer has not only committed an act of
torture against a citizen, but has also attacked an
important institution. It is also important at this juncture
to be aware that torture is not limited to acts of physical
attack upon suspects, but also involves acts of violence
that could be treated as punishment.
I therefore request you to:
1. Undertake an independent investigation in the case;
2. That a judicial magistrate records the statement of the
victim and witnesses;
3. That the officer accused in the case is placed on
immediate suspension from active service;
4. That the officer should be prosecuted.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Ramesh Chennithala
Minister for Home and Vigilance
Ground Floor, Main Block
Secretariat, Thiruvananthapuram, Kerala
INDIA
Fax + 91 471 2327451
2. Mr. Balasubramanian (IPS)
Director General of Police, Kerala
Police Headquarters, Trivandrum – 695010, Kerala
INDIA
Fax + 91 471 2726560
E-mail:
dgp@keralapolice.gov.in
3. Chairperson
Kerala Women's Commission
Near Lourdes Church, P.M.G
Pattom, Thiruvananthapuram - 4, Kerala
INDIA
E-mail:
keralawomenscommission@yahoo.co.in
4. Honourable District & Sessions Judge
Civil Lanes, Thrissur
Ayyanthole Post, Thrissur, Kerala
INDIA
5. District Police Chief
Civil Lanes, Thrissur
Ayyanthole Post, Kerala
INDIA
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (
ua@ahrc.asia)