Date: Tue, Apr 7, 2020 at 10:37 AM
Subject: a serious case of false implication of Human Rights Defender associated with PVCHR
To: <urgent-action@ohchr.org>, Defenders OHCHR <defenders@ohchr.org>
Cc: lenin <lenin@pvchr.asia>
Special Rapporteur on the situation of human rights defenders
United Nations Office at Geneva
On April 4, 2020 at 11:14 pm, I had filed a complaint to national Human Rights Commission (NHRC) and demanded strict legal action against the accused on the basis of a news published in 'Jansandesh Times' regarding the ruckus in Thana Rampur village under Phoolpur police station, Varanasi in Uttar Pradesh of India pertaining to the distribution of food grain, in which several persons including the Police sub inspector were wounded.
Link of Hindi petition to Government:
https://pvchrfightagaisnstcorona.blogspot.com/2020/04/blog-post_57.html
Considering the gravity of the case, I had referred to the said news item and tweeted to the Uttar Pradesh Police and the Uttar Pradesh Government praying that if the matter was true, it was quite unfortunate and that the rule of law should be restored.
Link of twitter: https://twitter.com/neodalit/status/1246476613585264640
On reading the copy of the FIR, I came to know that a case number 0103/2020 IPC had been filed against our activist Mangla Prasad Rajbhar of Ahirani,Kuwar and the Musahars of Thana Rampur under police station Phulpur under sections 147, 148, 149, 30, 308, 323, 504, 506, 395, 397, 332, 353, 33, 427, apart from section 7 of Criminal Law (Amendment) Act 1932 and section 2 and 3 of the Prevention of Damage to Public Property Act.
According to the FIR, Mangla Prasad was present on the spot at village Rampur under Phoolpur police station area. It must be borne in mind that if Mangla was present on the spot, he must have surely informed us or the organisation, and the organisation would have immediately intervened for upholding the rule of law. The fact is we were not aware of any such incident occurring in Rampur. We intervened only after the news item was published in the newspaper.
Another important point is that Rampur is quite a distance from Mangla Prasad's native village Kuwar. If Mangla had at all ventured to the other village, he should have taken the main state highway, while the police picket were already deployed at regular intervals due to the lockdown.
The truth is after the announcement of the 21 day lockdown, Mangla Prasad Rajbhar had been following the 'work from home' model and advocating for the food security with the government and the administration for the deprived sections, especially the Mushar and Nat, while disseminating information through his mobile phone about the state government schemes and the announcements by the hon'ble chief minister. This benefitted a large number of Musahar and other deprived sections in Badagaon and Pindara blocks, and the ration was made available in a peaceful manner.
Besides, he brought to notice the shortage of food in the Koiripur Mushar habitation through Facebook, which also prompted a news item in the Jansandesh Times regarding the local children subsisting on 'Akri' (a type of small grass/plant). Later, the administration promptly distributed the ration in the area. "Mangala Rajbhar came on police radar when he raised the issue of starvation among Musahars. Since PM Modi's name also got highlighted in the coverage, police hatched a conspiracy and implicated him in a false case".
It is grossly wrong to assume the presence of Mangla Prasad on the spot. A few influential people in the area, who always act against the spirit of the constitution and equality nurse enmity with him. They oppose any work which is aimed at the development of the Mushar community. His name has been included in the FIR with a view to harassing him at their instance. It is because he has been persistently been raising the issues of human rights violation in the area with the administration and NHRC.
Mangla has been associated with our organisation for many years now and working on the mother and child health issues among the Musahar and other deprived sections in Badagaon and Pindara blocks. At the same time, he represents our organisation in the local NGO Committee on 'Special Juvenile Police Unit (SPJU). Last year, he was trained as a 'master trainer' along with the district police and administration officials by the Uttar Pradesh government under the 'Kavach' programme' run for the girl safety awareness.
He attended such programmes along with then additional director general of police (ADG), Varanasi zone, district magistrate, senior superintendent of police, nodal officer of the 'Kavach' campaign apart from other senior officials, held at various government and non-government schools, which was appreciated by one and all.
His contribution in disseminating the information regarding health issues at the 'CM Arogya Mela' held at the primary health centre on Sundays is well recognized by the local administration. The hon'ble chief minister, local legislator Dr Awadhesh Singh, health and family welfare director, district magistrate Kaushal Raj Sharma, chief medical officer Varanasi Dr B B Singh had participated in the CM Arogya Mela on different Sundays and lauded the contribution of Mangla Prasad. In fact, at one such occasion he was garlanded by the legislator Dr Awadhesh Singh to acknowledge his work.
Meanwhile, Manvadhikar Jan Nigrani Samiti (Peoples 'Vigilance Committee on Human Rights/PVCHR) has sent a letter to the UP Director General of Police (DGP) to withdraw the fake case filed against Mangla Rajbhar. Link of Petition to Director General of police in Hindi:
https://pvchrfightagaisnstcorona.blogspot.com/2020/04/blog-post_10.html
Therefore, you are requested to Police, Chief Minister and NHRC urgently intervene in the matter and institute an inquiry by a high level independent agency of sate or the investigation team of the NHRC, so that the guilty are punished under the law and the constitutional rights of the human rights activist is restored with the withdrawal of the fake cases against him.
Human Rights defender Mr Mangla Prasad Rajbhar has an unblemished past record of community engagement round the year. May I request you to personally intervene in the case and help dispelling the element of biasness. I am sure and hope with your intervention justice and human dignity will prevail.
Please write to Government of India and National Human Rights Commission (NHRC) for appropriate action in context of rule of law.
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