frivolous and vexatious charges brought out against me by my opponents who have substantial financial and manpower resources at their command

Shri Y K Saxena

Advocate

Allahabad

 Court No. – 41

Case :- CRIMINAL MISC. WRIT PETITION No. - 19959 of 2009

Petitioner :- Dr. Arun Kumar Agrawal

Respondent :- State Of U.P. & Others

Petitioner Counsel :- P.C. Joshi

Respondent Counsel :- Govt. Advocate

Hon'ble Ravindra Singh,J.

Hon'ble Yogesh Chandra Gupta,J.

Heard the learned counsel for the petitioner and the learned

A.G.A.

This petition has been filed by the petitioner Dr.

Arun Kumar Agrawal, with a prayer to quash the F.I.R. in case crime no.498 of

2009, under sections 385, 389, 417, 419, 420, 465, 468, 471

I.P.C., P.S. Kotwali Phase2, Noida, District Gautam Buddh Nagar.

From the perusal of the F.I.R. it appears that on the basis of the

allegations made therein a prima facie offence is made out. There

is no ground for interference in the F.I.R. Therefore, the prayer for

quashing the impugned F.I.R. is refused.

However, considering the nature of the allegations made in the

FIR, the provisions of section 157 Cr.P.C. and the view taken by

the Apex Court in the case of Joginder Kumar Versus State of

U.P. 1994 Cr.L.J., 1981, it is directed that the petitioner shall not

be arrested in above mentioned case, till the credible evidence is

not collected by the I.O. during the investigation.

With the above direction this petition is finally disposed of.

Order Date: 18.9.2009

1 November 2009

Shri Y K Saxena

Advocate

Allahabad

Dear Shri Saxenaji

As per our conversation this morning, I am sending you a copy of the petition I have addressed to Hon CJ/Allahabad High Court together with

a note on the pathetic and inhumane conditions prevailing in Dasna Jail, Ghaziabad .

I shall be grateful if you could kindly work on a PIL to be filed with the

Hon Allahabad High Court making Principal Secretary (Home and Jails) ,

Inspector General (Prisons), UP Police and UP State Human Rights

Commission as respondents in the proposed P.I.L .

However, as I am financially very hard up, defending 5 criminal FIRs

registered at Police Station Sector 20, Noida by a gang of chartered accountants on same set of allegations every time during May 2007 –

August  2009 .and prosecuting some 20 civil//criminal cases against

them for extortion, 420, NI 138 , criminal defamation, professional

misconduct, recovery cases  etc , I am simply unable to find the funds to pay for your professional fees . As a result of involvement in litigations and stoppage of income from assignments/lectures in India and overseas ,  I am under huge debts exceeding Rs 30 lakhs . Moreover, it will be appreciated that this is for a just social cause, with no direct benefit to me . I just want the Hon High Court to record appreciation for me and yourself in the directions that it  may issue and that some thing good would come out of it as a result of this matter  being highlighted in the press .

However, I  am still willing to pay for the expenses in typing /photocopying /filing etc. Also I would like to be present when the Petition comes for hearing .

As I  have complained to several judicial and administrative authorities in the Dasna Jail, Ghaziabad, I worry a lot about the treatment that might be meted out to me by the Jailor , Ramji Singh or his deputy Jailors should I

happen to land there again as a result of frivolous and vexatious charges

brought out against me by my opponents who have substantial financial and manpower resources at their command as opposed to me . In fact, when I made a complaint to one of the Deputy Jailors on several issues that I noticed, he spoke in a very rude and abusive tone suggesting that a FIR would be registered there and then against me  for obstructing a public servant from doing his duties . They are also capable of getting me beaten severely and putting me in a solitary cell after making a “murga” of me .

Already I was told by my wife when she came to visit me in Dasna Jail that my turn to see her came after a long time as the Visitors slip was deliberately withheld by the concerned Dy Jailor . So there are several

Ways by which they can harass an inmate and the agony is much more if you are a highly educated and informed person, as I am .

Would this not shock the Hon Judges” conscience that a highly read and travelled professional belonging to a well to do family should face   such a inhumane treatment  bordering on barbarism during the medieval ages ?

Are we living in a civilized society /advanced society or are we in primitive times . The Jailors seem to be still having the mentality of the pre-independence British era .

I was arrested in fictitious charges and left to face mental stress and anxieties for the safety and security of my family members incl: my bed ridden octogenarian parents . What has the law gained by imprisoning me for 15 days ?? In fact, in the Bail order itself the Addl.CJM has noted that no benefit has been caused to me through the alleged offence nor has any loss occurred to the complainaint (one of my Advocates) . There are several undertrials languishing in Dasna Jail who  will pass time incarcerated in horrifying conditions without ever being able to get out as they have no resources  for filing petitions and getting bailed out . There were several cases where bail had been granted but the undertrials were not able to find the money and/or the sureties .

All these issues need to be highlted in a prominent manner , and if necessary, we can issue a joint press statement after the initial or the second hearing after the respondents have submitted their affidavits in order to highlight this matter in the media

Wailing behind the iron bars of Dasna Jail in Ghaziabad

With the help of the leaders of Hind Mazdoor Sabha, the central union with which the workers are associated, arrested labourers lodged in Dasna Jail in Ghaziabad have handed over a memorandum to the Prime Minister requesting his intervention in the immediate release and the reinstatement of the workers of Grazionne Transmissions , an Italian company located in Greater Noida , alleged to be responsible for the death of its CEO .
“How long could we wait ? The only solution is to consume poison and end my life and that of my children. It is not fair to my children. But how can I leave them to become victims alone?” laments 26-year-old Madhuri, wife of Umesh Chandra Sahoo, a jailed worker. Madhuri is sapped of courage after struggling to make both ends meet for five months since Umesh was sacked by the company. Madhuri was candid whereas many young wives of arrested Graziano workers wore stony faces, holding the agony and trauma within themselves.
The conditions of the workers in jail are deplorable. “Every time we go to meet them, we bribe the jail authorities,” says Asha, the wife of a worker. Those who have got bail agree. “Half the fruits brought for us are given to the police says Vijay Kumar, who was out on bail, adding, “This is besides the money we have to pay.”
The workers have to do all sorts of menial jobs, including cleaning toilets and drains. “The jail has a system of bribes. Pay this much for not sweeping and mopping and a higher amount for not working at all,” another worker on bail added.
“Seeing them in jail and the suffering we face has made us lose our faith in the government,” says Anuradha, wife of Pankesh, who is in jail. “Landlords want us to be thrown out for not paying rent. The children are in school. We have to meet their needs.” The woes are endless.
Convicts falling sick in overcrowded Dasna jail
It has four times the number of prisoners it is designed to house
Parmindar Singh
The Tribune
Ghaziabad, December 3 2008

Ghaziabad district jail in Dasna is having almost four times the number of prisoners it is designed to house. As a result, inmates do not have enough room to stretch even. Most inmates are sick due to lack of space and unhygienic conditions.
To meet the acute shortage of bedding, prisoners have been allowed to bring their own bedrolls. According to the jail superintendent, V.K. Singh, Dasna jail is housing prisoners many times more than its capacity. The beddings are so unhygienic that most of the criminals are suffering from skin ailments of one type of the other.
In past one year, the jail administration has organised 22 medical camps for the prisoners. Dasna jail, constructed on 34 acres in 1996, has a capacity for 720 prisoners. Besides Ghaziabad, prisoners from Gautam Budh Nagar are also lodged there. Four new barracks have since been added to accommodate the increased number of inmates. The capacity of jail had gone up to 1060 inmates which was later increased to 1660 prisoners.
A barrack meant for 60 inmates is now accommodating more than 200 prisoners. Inmates are suffering from a number of ailments as they cannot get sufficient sleep because the place is badly crammed. In addition to other ailments skin allergies have assumed an alarming proportion due to lack of space, which has created unhygienic conditions.
V.K. Singh admits that prisoners are facing lot many problems because of excessive number of inmates, lack of proper beddings and some prisoners are having skin allergies, etc.
According to VK Singh proposal for a new jail has been sent to the authorities to ease the overcrowding in Dasna jail.
One hundred acres of land has been demanded for setting up a new jail taking in view the projected need for increased number of convicts over next 20 years. For a separate jail for Gautam Budh Nagar district, 34- acre piece of land has been identified in Murastpur village, Singh added.

Asian Centre for Human Rights reports as follows : 

 

In 2007, Uttar Pradesh was the worst violator of human rights in India. Home Minister Shivraj Patil informed the Lok Sabha on 27 November 2007 that a total of 31,096 human rights violations were reported in India during 2006-2007 and Uttar Pradesh accounted for 21,899 or nearly 66% of all cases in India. On 1 December 2007, then Chairperson of National Human Rights Commission (NHRC), Shivaraj Patil stated that the majority of the 82,000 complaints received by NHRC in 2007 were from Uttar Pradesh, followed by Bihar and Delhi.

 

The Centre  recorded a number of custodial deaths. The NHRC registered seven cases of deaths in police custody in Uttar Pradesh during the period from 1 April 2006 – 31 March 2007.

 

The PIL is ripe for filing following the  death of Asutosh Asthana, the person behind the multi crore PF scam in Ghaziabad in mid October 2009 while in Dasna Jail .

According to newspaper reports :

Dasna  Jail has seen nine such deaths in the first 10 months of 2009, including Frontier Mail blast accused Shakeel who committed suicide by hanging himself from a window by his shirt. A magisterial enquiry ruled out any security lapses.

The jail recorded 4 deaths in 2008, 9 in 2007 and 8 in 2006.

Ravinder Pradhan, the main accused in the Prof Kavita Chaudhary murder case died due to consumption of glass pieces in the jail.

However, the jail superintendent V. K. Singh said Pradhan might have consumed the glass pieces during childhood and it could have resulted in the fatality when he was in the jail.

Similarly, several other inmates - wanted in some high profile cases - like Qamaruddin, Iqbal Singh, Jiji Hasan, Guru Jan Singh, Noor Hasan and Thakur Singh also died in mysterious circumstances while in the jail.

However, magisterial enquiries conducted into their deaths exonerated the jail administration and found no loopholes in the prison's security.(IANS) .

Serious lapses found in Dasna jail

Ghaziabad, Oct 20 (IANS) Following the death of Ashutosh Asthana, the prime accused-cum-witness in a corruption case involving judges of the higher judiciary, in Ghaziabad's Dasna jail, the district administration conducted an inspection and found serious lapses in the medical facilities available there, officials said Tuesday .

'The Dasna jail has is over-filled with about 4,700 inmates while its capacity is to accommodate 1,700 inmates. As per norms, there must be two male doctors and one female doctor where about more than 300 women inmates are being lodged. But Dasna jail hospital comprises only one doctor,' Additional District Magistrate (City) Sunil Kumar Srivastava said Tuesday.
A four-member team visited the high security zone, hospital, kitchen, women's barracks and other general barracks. The team also inspected barrack No. 5 - in which Asthana was lodged - and reportedly spoke to around 150 of nearly 200 inmates present .
After the last inspection, the district administration wrote to the state government but the required facility was not provided, ADM Srivastava said, adding that had there been proper medical facilities inside the jail, Asthana could have been saved.

Finding serious deficiencies in the medical facilities available inside the jail, Srivastava said they were 'way below the mark'.

'To handle over 4,700 inmates and under-trials, there is just one senior doctor and a single pharmacist. How can they handle such a large rush? They have just the basic life saving medicines. For serious complications or diseases, they neither have any doctor nor medicines to cure them,' the ADM said.
Terming the Dasna jail hospital as just a 'medical clinic', Srivastava said the hospital had no emergency measures to look after a patient.

I would be happy to provide any further information that you may require . I am also ready to come down to Allahabad at a short notice once the first draft of the P.I.L is ready .

Dr Arun Agrawal

Noida

M: 9810081287                           cc: Shri Surinder Pal,Advocate

PS: I am also attaching Allahabad High Court order dated 28.10.2009 relating to my illegal arrest on 24.9.2009  and resultant contempt of court by the Senior Sub Inspector R K Singh .

cc: Shri Surinder Pal, Advocate, Ludhiana .

Further to this mail. I do have a personal agenda, although this is a

P.I.L.

a) My illegal arrest by an arrogant police officer wanting to teach me a lesson for troubling Noida Police by filing RTI applications at regular intervals   - how that insensitive and inhuman person in uniformc an be taken to task

b) My subsequent handcuffing, inspite of protests, by two police sonstables and my being paraded to the District Courts from the P.S. some 500m . I have never felt more miserable in life and humilated as on that day of 24 September which will remain etched in my life for ever like a bad /omenous dream . How can I claim damages from  the State Police for their illegal, inhuman and shameless actions .

I take the liberty for forwarding following documents in this regard :

a) My communication to District and Sessions Judge, GB Nagar

b)    - do -  to Hon CJ, Allahabad

c) SC directions on handcuffing

d)  - do  -

                                                       4 November 2009

Shri Karamveer Singh, IPS

Director General of Police

UP Police Headquarters

1, B N Lahiri Marg

Lucknow 226 001

Dear Sir :

ILLEGAL ARREST AND ASSAULT BY AN ARROGANT POLICE OFFICER POSTED AT NOIDA PHASE II POLICE STATION. DISTRICT GAUTAM BUDH NAGAR , U.P. ON 24.9.2009 

I thank you sincerely  for  directing that a  detailed report be provided  on the representation made by me to your goodself on 19.10.2009 .

It would, at this point of time, be appropriate to state my experience with Noida Police for well over 30 months now .

In order to gain  absolute control over a world body founded by my respected father in 1980, a group of Chartered Accountants led by one Gyan Prakash Agarwal – allegedly involved in a Rs 500 crore cooperative housing scam in Ghaziabad - have implicated me falsely

in  series of FIRs in order to keep me at bay . The details are as under :

FIR 521/07 :  PS Sector 20, Noida

The concerned I.O.Satpal  Yadav visited me at my house thrice . I provided him with all the information and clarifications that he required .

He dealt with me in a courteous manner .

Charge Sheet filed and is expected to come up for hearing mid Dec.

FIR 721/08: P. S.Sector 20, Noida

I met the concerned I.O. Vinay Kumar twice  . He was provided all the information and clarifications that he needed . Allegations contained in  this FIR also included all the  allegations made in the previous FIR .

FR was filed   on 18.7.2008

FIR 1695/08 P.S.Sector 20, Noida

I have met  C.O. (I)  Shri R N Mishra   as well as the I.O.  B R Zaidi several times  . Both of them have treated me with respect . I have

also met the S. S. P.  on 14 August 2009 . All the allegations made in the earlier FIRs were included in this FIR also with   few baseless allegations   added to give it a colour of being different  .

Investigations in the case are  pending .

FIR 860/09 P.S.Sector 20, Noida

     Unlike previous FIRs which were registered via 156(3) route, this one

     was   registered hurriedly and named my son as well as my brother in law 

     ( a resident of Chennai)  , simply to harass other members of my family  

     who had nothing to do whatsoever with on going disputes over control of

     a  world body having its headquarters in Sector 16A, Noida . Again, new

     allegations were added to make this FIR look different from earlier ones.

     However, unlike other Police officers ,  the I.O. in this case, one N C

     Sharma , S.S.I. , chose to employ high handed tactics and humiliated us

     by dragging my 30 year old son, educated in Scotland ,U.K. and holding

     a MBA degree,  in front of our  neighbours from our house  and taking  

     him to the Court from the lock up  in handcuffs on 25.8.2009  .  As a   

     result, he was mentally shattered and had to be treated by a psychiatrist 

     for several days   subsequent to his release on bail . This has had a 

     terrible impact  on his wife now in an advanced stage of pregnancy .

Charge Sheet has been filed in this case recently .

FIR  498/09  P.S. Phase II, Noida

As already submitted, this time I was a victim of a power drunk and

arrogant Police Senior Sub Inspector , Rakesh Kumar Singh, posted at

Noida Phase II Police Station, who effected arrest while I was driving 

on a street outside  my home  on 24.9.2009 , who abused and  

assaulted  me when informed that  the Hon Allahabad High Court had

passed orders on 18.9.2009  staying my arrest until the I.O. had not

been  able to collect credible evidence,  and who paraded me in handcuffs on the  road leading to the District Courts, 500 metres from the P.S

All this goes to show that clear cut uniform  procedures on the actions to be taken after registration of F.I.R.  need to be prescribed and followed by all concerned scrupulously which must  not   differ from person to person in case of similar /matching circumstances as enumerated above.

I am confident that an  honest attempt will be made by the Police officials concerned to get at the truth and that  Rakesh Kumar Singh,  S.S.I. posted at Noida Phase II Police Station will be duly punished for   violating   standing Apex Court and Allahabad High Court orders by effecting arrest of a learned person  charged with a  frivolous and petty offence  and  his brutal assault  on him  in utter disregard of human rights and dignity. 

While on the subject, I may add that the Honourable High Court of

Allahabad has taken prima- facie cognizance of my Petition for

Contempt of Court against the arrogant and insensitive Senior Sub

Inspector, Rakesh Kumar Singh and directed him to submit a counter

Affidavit by 29.11.2009 prior to summoning and subsequent appearance.

In closing, I urge that the UP Police seriously consider conducting sensitization and awareness training  programmes for the benefit of  all Inspectors and Sub Inspectors so that they treat the citizens with due

courtesies  and  not  indulge in  “ sub ko ek hi lathi se hankna “ .

In fact, a major overhaul of the rusty, antiquated  and creaking policing system and practices that prevail in the State of U.P. is  long overdue .

In a phone call to me last year, your distinguished predecessor Shri Vikram Singh had assured me that he would meet me  to discuss how the State Police could take advantage of my varied experience, but for some reason  or the other, the proposed  meeting could not take place .

    Submitted .