Nuevas noticias de la guerra popular en la India informan de detenciones en el Estado de West Bengal, como la del conocido activista del movimiento popular compañero Chatradhar Mahato arrestado el pasado 26 de septiembre.
El compañero Mahato fue arrestado por policias, que no llevaban uniforme ni orden judicial alguna, según informan organizaciones en defensa de los presos politicos. Se considera que esta acción terrorista de la policia es la respuesta a las denuncias contra la brutalidad policial por parte de las organizaciones de masas.
A continuación reproducimos una carta firmada por personalidades y organizaciones que exigen su inmediata liberación:
Condemnation of Chhatradhar Mahato’s arrest by organizations and individuals
September 28 2009. West Bengal.
September 28 2009. West Bengal.
We the undersigned individuals and organisations, strongly condemn the arrest of Chatradhar Mahato on 26 September 2009 by the CID and we demand his unconditional release.
All of us sincerely believe that the tactics used for arresting is absolutely illegal. Because, firstly: During arrest, according to Supreme Court Judgment (D.K Basu trial) police must be in uniform and bear the official batch. The police have to produce memo of arrest, they have to get it signed by the person detained, have to prepare the memo of inspection and also give a copy, letting the reason of arrest be known. The last one being a constitutional right under Article 22.
The police have not followed any of these while arresting Chatradhar Mahato. Not only that, police have knowingly violated the 2006 amendment to section 50A of Indian Penal Code (IPC).
Secondly, the Indian Penal Code has no provision for police to arrest someone incognito, rather the police can be accused of being an “Imposter” under IPC.
Thirdly, it is being reported in media that Chatradhar Mahato has been accused in 20-22 Criminal cases. This is completely untrue as Chatradhar Mahato is an activist of mass movement who was never accused in any criminal cases. Till June 13 2009 Chatradhar Mahato had participated in several discussions with the Election Commission and the State Government. No accusations came up then. It was only after the joint operation from June 18 2009 that the State Government came up with several allegations!
It is most clear that the government and police have falsely made the allegations to frame Chatradhar Mahato. It can be easily understood that the arrest is an act of vendetta against the people who protested against police atrocities.
We demand once more that the government should start a dialogue and before that must release Chatradhar Mahato unconditionally.
We appeal to all reporter friends and their media houses to protest and also take legal action against this act of discrediting the profession.
All of us sincerely believe that the tactics used for arresting is absolutely illegal. Because, firstly: During arrest, according to Supreme Court Judgment (D.K Basu trial) police must be in uniform and bear the official batch. The police have to produce memo of arrest, they have to get it signed by the person detained, have to prepare the memo of inspection and also give a copy, letting the reason of arrest be known. The last one being a constitutional right under Article 22.
The police have not followed any of these while arresting Chatradhar Mahato. Not only that, police have knowingly violated the 2006 amendment to section 50A of Indian Penal Code (IPC).
Secondly, the Indian Penal Code has no provision for police to arrest someone incognito, rather the police can be accused of being an “Imposter” under IPC.
Thirdly, it is being reported in media that Chatradhar Mahato has been accused in 20-22 Criminal cases. This is completely untrue as Chatradhar Mahato is an activist of mass movement who was never accused in any criminal cases. Till June 13 2009 Chatradhar Mahato had participated in several discussions with the Election Commission and the State Government. No accusations came up then. It was only after the joint operation from June 18 2009 that the State Government came up with several allegations!
It is most clear that the government and police have falsely made the allegations to frame Chatradhar Mahato. It can be easily understood that the arrest is an act of vendetta against the people who protested against police atrocities.
We demand once more that the government should start a dialogue and before that must release Chatradhar Mahato unconditionally.
We appeal to all reporter friends and their media houses to protest and also take legal action against this act of discrediting the profession.
Individuals:
Jaya Mitra, Tarun Sanyal, Debabrata Bandopadhyay, Sunil Sanyal, Pratul Mukhopadhyay, Asim Giri, Ajanta Ghosh, Abhijit Mitra, Subhendu Bandopadhyay, Santu Gupta, Sudipto Dasgupta, Binayak Sen, Ilina Sen, Arundhuti Ray, Amit Bhaduri, Madhu Bhaduri, Tanika Sarkar, Sumit Sarkar, Sumit Chaudhuri, Prafull Bidwai, Asim Srivastav, Panchu Ray, Shantanu Bandopadhyay, Sumanta Bandopadhyay
Jaya Mitra, Tarun Sanyal, Debabrata Bandopadhyay, Sunil Sanyal, Pratul Mukhopadhyay, Asim Giri, Ajanta Ghosh, Abhijit Mitra, Subhendu Bandopadhyay, Santu Gupta, Sudipto Dasgupta, Binayak Sen, Ilina Sen, Arundhuti Ray, Amit Bhaduri, Madhu Bhaduri, Tanika Sarkar, Sumit Sarkar, Sumit Chaudhuri, Prafull Bidwai, Asim Srivastav, Panchu Ray, Shantanu Bandopadhyay, Sumanta Bandopadhyay
Organisations:
AWBSRUFAMA (Forum Against Monopolistic Aggression)TASAM (Teachers and Students Against Mal-Development)Saha Nagarik Mukta ManchaMovementNAPMSanhati UdyogGandhi Peace FoundationTotal TheaterUthnao-BirbhumBirbhum Adivasi GaotaBrihee-BankuraLoknadi Resource CenterMandra Lion’s ClubShilpi Sanskritik Karmi-Buddhijibi ManchaStruggling WorkersMajdoor Kranti ParishadPDSFSez birodhi Prochar ManchaWB Govt Employees Union (Naba Parjay)SwajanWB Govt Struggling Employees-Union ForumAISACanvasNPNHawker’s Songram Committee
AWBSRUFAMA (Forum Against Monopolistic Aggression)TASAM (Teachers and Students Against Mal-Development)Saha Nagarik Mukta ManchaMovementNAPMSanhati UdyogGandhi Peace FoundationTotal TheaterUthnao-BirbhumBirbhum Adivasi GaotaBrihee-BankuraLoknadi Resource CenterMandra Lion’s ClubShilpi Sanskritik Karmi-Buddhijibi ManchaStruggling WorkersMajdoor Kranti ParishadPDSFSez birodhi Prochar ManchaWB Govt Employees Union (Naba Parjay)SwajanWB Govt Struggling Employees-Union ForumAISACanvasNPNHawker’s Songram Committee
Article 22: (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1) and (2) shall apply— (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
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