Complaint to Maharashtra State Human Rights Commission regarding Palghar lynching
Alert Citizens Forum of India
A7/303, Saket CHS LTD., Thane West, Maharashtra. # 8879528575
April 22, 2020
The Chairman,
Maharashtra State Human Rights Commission,
9, Hazarimal Somani Marg, Opp. CSMT Station,
Mumbai-400001
Sub: Complaint of violation of Human Rights and murder by unknown people of Gadchinchle village, Palghar District in Maharashtra and Police officers from Kasa Police Stn.
Dear Sir,
1) On the night of April 16, two Hindu saints and their driver were traveling from Mumbai to Gujarat to attend the funeral of their senior seer.
2) While they were passing through a remote village by name Gadchinchle in Palghar District, apparently to circumvent the lockdown and closure of traffic on the highway, they were accosted by a huge mob of over 200 people, late in the night.
3) The victims were beaten to death with sticks and iron rods by the mob on suspicion that were kidnapping children to harvest organs, including kidneys.
4) The deceased were identified as Chikne Maharaj Kalpavrukshagiri (70), Sushilgiri Maharaj (35) and their car driver Nilesh Telgade (30). An FIR has been filed by Palghar police against 110 people, out of which 101 accused have been sent to police custody till April 30.
Here are 5 things to know about the Palgarh incident:
1. When did Palghar incident happen
The brutal killing happened on April 16th night in Gadchinchle village of Palghar.
2.How did the Palghar incident happen
Three people -- two seers (sadhus) and one driver -- were travelling from Kandivali in Mumbai to Gujarat via interior roads of Palghar to attend a funeral. Their vehicle was stopped near village Gadchinchle in Palghar. The three were dragged out of their car and beaten.
All this happened in front of the Palghar Police, who instead of shielding the victims left them to die at the hands of the hooligans.
The police took the victims to a nearby hospital, but they were declared dead.
3. What did the police say?
An FIR has been filed against 110 people, out of which 101 have been sent to police custody till April 30. Nine minors have been sent to a juvenile centre. District Magistrate of Palghar K Shinde said the police reached the spot immediately but villagers continued to attack the three. After that, the men were taken to the hospital where they were declared brought dead.
Our prayers:
IN THIS REGARD, THE HEART OF THE ISSUE IS THAT OF THE ACCOUNTABILITY AND RESPONSIBILITY OF THE STATE TO PROTECT THE LIFE AND LIBERTY OF ITS CITIZENS.
THIS IS THE BOUNDEN CONSTITUTIONAL DUTY OF THE STATE.
THE CENTRAL GOVERNMENT CANNOT WASH ITS HAND OFF THESE RAMPANT KILLINGS ON THE BASIS THAT ‘LAW AND ORDER’ IS A STATE SUBJECT, AND POLICE WILL TAKE ITS ACTION AGAINST THE ACCUSED PERSONS.
1) In this case, a mob of over 200 people attacks 3 unsuspecting people - one of them, a 70 year old saint.
2) In the presence of police, they mercilessly and brutally attack the three people who later succumb to the attack and die.
This is cold blooded murder in which the villagers of Gadchinchle, who actually attacked the victims and the Palghar Police, who were witness when the attack was carried out and did not protect the victims - both have violated human rights and are partners in the crime.
State accountability
In cases where the crime has been committed by servants of the State, the law is clear with regard to accountability being that of the State who must provide compensation to the victim commensurate with the harm occurred.
Where public functionaries were involved and the matter relates to the violation of fundamental rights or the enforcement of public duties, a remedy under public law is available to the victim.
The duty of care on the part of the State is strict and admits of no exceptions. The wrongdoer is accountable and the State is responsible if the person in custody of the police is deprived of his life except according to the procedure established by law.
The obligation to protect the life and security of persons is the fountainhead of the Constitution of India. Article 21 of the Constitution guarantees the fundamental right to life and personal liberty to all individuals, except according to the procedure established by law.
Mob lynching or targeted violence against individuals or groups strikes at the heart of the Constitutional pact between the Indian State and its citizens.
This was succinctly elaborated by the Delhi High Court in Ashwani Gupta vs. Government of India.
The Delhi Court had noted:
“A person’s right to life is, not negotiable. The inability of the State to provide for such secure environment is, thus, clearly in breach of and in violation of the constitutional mandate and the privilege provided to a citizen of this country under the Constitution.
The State must take all due care to uphold the Constitution. A natural consequence of this would be that if a person loses his life or suffers grievous injuries for no fault of his own, his Fundamental Rights under the Constitution are breached.
Hence it is our earnest plea that please accord maximum possible punishment to the attackers and also the Palghar Police in this mob lynching case.
A formal complaint has also been filed thru the website. (See attachment)
Regards,
For Alert Citizens Forum of India,
Dayanand Nene (President)
Amit Sawant. ( Vice President)
Rajan Chandok. (Secretary)
A7/303, Saket CHS LTD., Thane West, Maharashtra. # 8879528575
April 22, 2020
The Chairman,
Maharashtra State Human Rights Commission,
9, Hazarimal Somani Marg, Opp. CSMT Station,
Mumbai-400001
Sub: Complaint of violation of Human Rights and murder by unknown people of Gadchinchle village, Palghar District in Maharashtra and Police officers from Kasa Police Stn.
Dear Sir,
1) On the night of April 16, two Hindu saints and their driver were traveling from Mumbai to Gujarat to attend the funeral of their senior seer.
2) While they were passing through a remote village by name Gadchinchle in Palghar District, apparently to circumvent the lockdown and closure of traffic on the highway, they were accosted by a huge mob of over 200 people, late in the night.
3) The victims were beaten to death with sticks and iron rods by the mob on suspicion that were kidnapping children to harvest organs, including kidneys.
4) The deceased were identified as Chikne Maharaj Kalpavrukshagiri (70), Sushilgiri Maharaj (35) and their car driver Nilesh Telgade (30). An FIR has been filed by Palghar police against 110 people, out of which 101 accused have been sent to police custody till April 30.
Here are 5 things to know about the Palgarh incident:
1. When did Palghar incident happen
The brutal killing happened on April 16th night in Gadchinchle village of Palghar.
2.How did the Palghar incident happen
Three people -- two seers (sadhus) and one driver -- were travelling from Kandivali in Mumbai to Gujarat via interior roads of Palghar to attend a funeral. Their vehicle was stopped near village Gadchinchle in Palghar. The three were dragged out of their car and beaten.
All this happened in front of the Palghar Police, who instead of shielding the victims left them to die at the hands of the hooligans.
The police took the victims to a nearby hospital, but they were declared dead.
3. What did the police say?
An FIR has been filed against 110 people, out of which 101 have been sent to police custody till April 30. Nine minors have been sent to a juvenile centre. District Magistrate of Palghar K Shinde said the police reached the spot immediately but villagers continued to attack the three. After that, the men were taken to the hospital where they were declared brought dead.
Our prayers:
IN THIS REGARD, THE HEART OF THE ISSUE IS THAT OF THE ACCOUNTABILITY AND RESPONSIBILITY OF THE STATE TO PROTECT THE LIFE AND LIBERTY OF ITS CITIZENS.
THIS IS THE BOUNDEN CONSTITUTIONAL DUTY OF THE STATE.
THE CENTRAL GOVERNMENT CANNOT WASH ITS HAND OFF THESE RAMPANT KILLINGS ON THE BASIS THAT ‘LAW AND ORDER’ IS A STATE SUBJECT, AND POLICE WILL TAKE ITS ACTION AGAINST THE ACCUSED PERSONS.
1) In this case, a mob of over 200 people attacks 3 unsuspecting people - one of them, a 70 year old saint.
2) In the presence of police, they mercilessly and brutally attack the three people who later succumb to the attack and die.
This is cold blooded murder in which the villagers of Gadchinchle, who actually attacked the victims and the Palghar Police, who were witness when the attack was carried out and did not protect the victims - both have violated human rights and are partners in the crime.
State accountability
In cases where the crime has been committed by servants of the State, the law is clear with regard to accountability being that of the State who must provide compensation to the victim commensurate with the harm occurred.
Where public functionaries were involved and the matter relates to the violation of fundamental rights or the enforcement of public duties, a remedy under public law is available to the victim.
The duty of care on the part of the State is strict and admits of no exceptions. The wrongdoer is accountable and the State is responsible if the person in custody of the police is deprived of his life except according to the procedure established by law.
The obligation to protect the life and security of persons is the fountainhead of the Constitution of India. Article 21 of the Constitution guarantees the fundamental right to life and personal liberty to all individuals, except according to the procedure established by law.
Mob lynching or targeted violence against individuals or groups strikes at the heart of the Constitutional pact between the Indian State and its citizens.
This was succinctly elaborated by the Delhi High Court in Ashwani Gupta vs. Government of India.
The Delhi Court had noted:
“A person’s right to life is, not negotiable. The inability of the State to provide for such secure environment is, thus, clearly in breach of and in violation of the constitutional mandate and the privilege provided to a citizen of this country under the Constitution.
The State must take all due care to uphold the Constitution. A natural consequence of this would be that if a person loses his life or suffers grievous injuries for no fault of his own, his Fundamental Rights under the Constitution are breached.
Hence it is our earnest plea that please accord maximum possible punishment to the attackers and also the Palghar Police in this mob lynching case.
A formal complaint has also been filed thru the website. (See attachment)
Regards,
For Alert Citizens Forum of India,
Dayanand Nene (President)
Amit Sawant. ( Vice President)
Rajan Chandok. (Secretary)
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