Posts Tagged ‘illegal arrest’


Mumbai-based activist Arun Ferreira kept a prison diary during his incarceration in Nagpur Central Jail. We reproduce here a  shortened version of his experiences and some of the sketches he drew in prison
Hell
Prison nurtures spirituality. It has the merit of at least temporarily inducing the type of peace obtained by casting your lot with the supernatural (Illustration: ARUN FERREIRA)

Prison nurtures spirituality. It has the merit of at least temporarily inducing the type of peace obtained by casting your lot with the supernatural (Illustration: ARUN FERREIRA)

After spending about five years in jail, Mumbai-based activist Arun Ferreira was released on bail in January this year. In May 2007, he was arrested in Nagpur on charges of being a Naxalite. The police claimed that he along with a senior Naxal leader, Ashok Satya Reddy alias Murali, was planning to blow up the historical Deekshabhoomi complex (where Babasaheb Ambedkar embraced Buddhism in 1956). In September 2010, he was acquitted of all charges by a Nagpur court, but was re-arrested by plainclothes policemen and charged with an alleged crime that occurred when Ferreira was locked up in jail. An alumnus of Mumbai’s St Xavier’s College, 39-year-old Ferreira kept a prison diary during his incarceration in Nagpur Central Jail. We reproduce here a  shortened version of his experiences and some of the sketches he drew in prison.

+++

The anda barracks are a cluster of windowless cells within the high-security confines of Nagpur Central Jail. To get to most cells from the anda entrance, you have to pass through five heavy iron gates, [and] a maze of narrow corridors and pathways. There are several distinct compounds within the anda, each with a few cells, each cell carefully isolated from the other. There’s little light in the cells and you can’t see any trees. You can’t even see the sky. From the top of the central watch tower, the yard resembles an enormous, airtight concrete egg. But there’s a vital difference. It’s impossible to break it open. Rather, it’s designed to make inmates crack.

The anda is where the most unruly prisoners are confined, as punishment for violating disciplinary rules. The other parts of Nagpur jail aren’t quite so severe. Most prisoners are housed in barracks, with fans and a TV. In the barracks, the day-time hours can be quite relaxed, even comfortable. But in the anda, the only ventilation is provided by the gate of your cell, and even that doesn’t afford much comfort because it opens into a covered corridor, not an open yard.

But more than the brutal, claustrophobic aesthetic of the anda, it’s the absence of human contact that chokes you. If you’re in the anda, you spend 15 hours or more alone in your cell. The only people you see are the guards and occasionally the other inmates in your section. A few weeks in the anda can cause a breakdown. The horrors of the anda are well-known to prisoners in Nagpur jail, and they would rather face the severest of beatings than be banished to the anda.

While most prisoners spend only a few weeks in the anda or in its cousin, the phasi yard, home to prisoners sentenced to death, these sections were where I spent four years, eight months. This was because I was not an ordinary prisoner. I was, as the police claimed, a ‘dreaded Naxalite’, ‘Maoist leader’, descriptions that appeared in newspapers the morning after I was arrested on 8 May 2007.

+++

I’d been arrested at Nagpur railway station on a brutally hot summer afternoon. I was waiting to meet some social activists when about 15 men grabbed me, bundled me into a car and drove away at high speed, kicking and punching me all the while. They took me to a room in a building my abductors later told me was the Nagpur Police Gymkhana. They used my belt to tie my hands and I was blindfolded, so that the police officials involved in this operation could remain unidentified. From their conversations, it became evident that I had been detained by the anti-Naxalite cell of the Nagpur Police. The assaults never stopped. Through the day, I was flogged with belts, kicked and slapped, as they attempted to soften me up for the interrogations that were to follow.

I had my first brush with social activism as a student at Mumbai’s St Xavier’s College in the early 1990s. I’d organised camps to villages and welfare projects for the underprivileged. The religious riots of 1992-93 really shook me up. Thousands of Muslims were displaced in their own city, and we helped run relief camps. The callousness of the state, which allowed the Shiv Sena to conduct its pogrom unimpeded, could not have been on better display. I soon joined the Vidyarthi Pragati Sanghatan, a student organisation that aimed to build a democratic, egalitarian society. We organised many campaigns in rural areas to help the dispossessed assert their rights. In Nashik, tribals were organising themselves against atrocities of the Forest Department. In Dabhol, villagers were resisting the Enron power project. In Umergaon, Gujarat, fisherfolk were protesting their imminent displacement by a gigantic port. Looking at these struggles up close made me aware that [offering] relief to the poor wasn’t as important as helping them question the skewed relations of power and justice and organise themselves to claim their rights.

However, post 9/11, there was a change in the way peoples’ movements came to be perceived. The so-called War Against Terror made security the prime motive of State policy. In India, special laws were promulgated to squash inconvenient truths. Organisations were banned, opinions were criminalised and social movements were branded ‘terrorist’. Those of us who worked to organise tribals or the oppressed in rural areas were termed ‘Maoists’.

In 2010, Prime Minister Manmohan Singh declared that Maoists were “India’s greatest internal security threat”. Some were ‘encountered’ or ‘disappeared’, while others were arrested. In places like Chhattisgarh, Jharkhand or Vidarbha in Maharashtra, all non-partisan political activity was branded as ‘Maoism’ and dealt with accordingly. In the months before my detention, many Dalit activists in Nagpur had been arrested on charges of radicalising the Amberkarite movement by infusing it with the politics of Naxalism. All this meant that I wasn’t entirely unprepared to be arrested myself.

Despite having contemplated this hypothetical situation, I wasn’t quite prepared to become a target of [State] excesses myself—to be arrested, tortured, implicated in false cases with fabricated evidence, and locked away in prison for several years.

+++

At midnight, 11 hours after I had been detained, I was taken to a police station and informed that I had been arrested under the Unlawful Activities Prevention Act, 2004, which is applied to people the State believes are terrorists. I spent that night in a damp, dark cell in the police station. My bedding was a foul-smelling black blanket, its colour barely concealing just how dirty it was. A hole in the ground served as a urinal and could be identified by paan stains around it, and its acrid stench. I was finally served a meal: dal, roti and a couple of abuses. Having to eat from a plastic bag with jaws sore from [the day’s] blows wasn’t easy. But after the horrors of the day, these tribulations were relatively insignificant and allowed me a brief moment to pull myself together. I managed to ignore the putrid bedding and humid air and doze off.

Within a few hours, I was woken up for another round of interrogation. The officers appeared polite at first but quickly resorted to blows in an attempt to make me provide the answers they were looking for. They wanted me to disclose the location of a cache of arms and explosives or information on my supposed links with Maoists. To make me more amenable to their demands, they stretched my body out completely, using an updated version of the medieval torture technique of [the wrack]. My arms were tied to a window grill high above, while two policemen stood on my stretched thighs to keep me pinned to the floor. This was calculated to cause maximum pain without leaving any external injuries. Despite their precautions, my ears started to bleed and my jaws began to swell up.

In the evening, I was made to squat on the floor with a black hood over my head as numerous officers posed behind me for press photographs. The next day, I would later learn, these images made the front pages of papers around the country. The press was told that I was the chief of communications and propaganda of an ultra-left wing of Naxalites.

I was then produced before a magistrate. As all law students know, this step has been introduced [to the legal process] to give detainees an opportunity to complain against custodial torture—something I could establish quite easily since my face was swollen, ears bleeding and soles so sore it was impossible to walk. But in court, I learnt from my lawyers that the police had already accounted for those injuries in their concocted arrest story. According to their version, I was a dangerous terrorist and had fought hard with police to try to avoid arrest. They claimed that they had no option but to use force to subdue me. Strangely, none of my captors claimed to have been harmed during the scuffle.

That wasn’t the only surprise. In court, the police said that I’d been arrested in the company of three others—Dhanendra Bhurule, a local journalist; Naresh Bansod, the Gondia district president of an organisation called the Maharashtra Andhashraddha Nirmulan Samiti; and Ashok Reddy, a resident of Andhra Pradesh, people I had never met before. The police claimed to have seized a pistol and live cartridges from us. They said we had been meeting to hatch a plan to blow up the monument at Deekshabhoomi in Nagpur. If the police could convince people that Naxalites were planning to attack this hallowed shrine, this could convince Dalits not to [have any] truck with leftists.

But mere allegations couldn’t suffice. They needed to create evidence to support their claims. The police told the court that they needed us in custody for 12 days to interrogate us. While the journalist and I were kept at Nagpur’s Sitabuldi police station, the other two were taken to the Dhantoli police station. Every morning, we would be transported to the Police Gymkhana for continuous rounds of interrogation that lasted late into the night. First, they attempted to force us to sign a confessional statement they had drafted. When that failed, they got the court to agree to allow us to be subjected to the scientifically dubious practice of narco-analysis, lie detectors and brain mapping tests, which they hoped would bolster their allegations. So although legally I was no longer in their custody, the police could still interrogate me under the guise of conducting these forensic tests. Preparations were made to transport us to the State Forensic Science Lab in Mumbai.

Before that, we were formally admitted to Nagpur Central Prison. I stooped through the low narrow door into the complex that would be my home for 54 months. In keeping with procedure, first-time prisoners are presented before the gate-officer. Tradition, and perhaps training, demands that even the most mild-mannered gate-officer be at his aggressive best while dealing with new entrants, who, in jail slang, are called ‘Naya Ahmads’. It is the gate officers’ job to give the newcomer a crash course in meekness and mindless subservience. A lathi at his side serves as a teaching aid.

The officer is also supposed to enquire whether the new prisoner has suffered injuries due to torture in police custody, and, if so, record his statement. In my case, I had a bleeding ear, swollen jaws and sore feet. But in reality, the officer threatens anyone trying to make a complaint. By custom, all injuries are recorded as having existed before the prisoner was arrested. A strip search followed, standard protocol for new entrants to the prison. I was stripped to my underwear and ordered to squat in a line with the other new entrants awaiting my turn with the jadthi-amaldar (the man in charge of searches). Our every belonging was scrutinised and thrown on the dirty road for us to humbly gather together again. Hazards like packets of biscuits and beedis were pocketed by the staff.

We were unfortunate to arrive in isolation, but if the prisoner’s wait at the gate coincides with the entry or exit of one of the senior jail officials, he is privileged to witness a ceremony of colonial vintage. Senior jailors and superintendents can’t be expected to bend low to enter through the door. So the main gate is swung open to allow these sahibs to walk through, heads held high. When they are sighted at a distance, the gate guard issues a yelp of caution: “All hup!” All staff stand to attention and all lower life forms are swept into corners out of sight or forced to their haunches.

Most Naya Ahmads are then taken to the After Barrack, where they spend a night or two before being assigned to a fixed barrack. This waiting period allows the jail staff, convict-warders, inhouse extortionist gangs and other sharks to assess what they can extract from the latest catch. Middle and upper class entrants are easy targets. They are softened up with dark stories of prison-life horrors and not-so-veiled threats. Young boys are targeted for free labour and as sex toys. Contacts are made and deals are struck to ensure better treatment when moved to the regular barracks.

Next is the mulaija or check-in-process. New prisoners are lectured on the value of prison discipline by a convict warder or jailor. Each new inmate has his identifying marks noted and is weighed, measured and examined by a doctor and psychologist, before being presented before a phalanx of prison divinities, led by the Superintendent. A Body Ticket is presented to each prisoner, listing his prisoner number and offences registered against him. These offences form the basis of how he will be classified, and, to some extent, how he’ll be treated in jail.

Even though the law proclaims that an accused person is innocent until proved guilty, such niceties lack meaning behind prison walls. The allegations of the police are sufficient evidence for the jail authorities to punish even those awaiting trial. Alleged rapists and homosexuals are routinely targeted by officers and other prisoners at the encouragement of the staff. Those implicated in murder cases are compelled to wear a convict prisoner’s uniform and are consigned to special ‘murder barracks’. As a sign of their patriotism, many jail superintendents personally preside over the beatings of people accused of terrorism.

Before the mulaija, procedure requires the new entrant to be bathed. However, shortages of soap and water often prevent the diligent observance of these rules. Instead, most Naya Ahmads are rushed through the rough-and-ready hands of the nai kamaan (literally, the Barber Command), one of the work groups to which prisoners could be assigned later. The Naya Ahmad’s next stop is the Badi Gol, the area in Nagpur Jail that houses the prisoners awaiting trial. Each is allotted a barrack. That, theoretically, is where I should have been headed too. But in my case, the procedures were all jumbled up. Twelve days after I had been picked up by the police, I was hurriedly put into the anda barrack, given a prison uniform, and after a quick meal at 4 pm of besan and chewy rotis, [put on my way] to Mumbai by train.


Lingamram in the center addressinga press conefernce before hsi arrest

AID -Petition to Release Human Rights Defenders

26th January, 2012

To

Prime Minister of India Dr. Manmohan Singh,

Chief Minister of Chhattisgargh Raman Singh,

President of India Pratibha Patil.

Every year on the 26th of January, we celebrate the Constitution of India [1]. Every 30th of January, we remember the martyrdom of Mahatma Gandhi, who led India to freedom. However, for the vast majority of the people of India, even the most basic of the rights guaranteed by the Constitution – the right to life and personal liberty and due legal process if these rights are to be abridged – remain unrealized promises. And the ideals of the independence struggle, as articulated by Gandhi, stand indelibly tarnished.

Read More and Sign the Petition


What recently released activist Arun Ferreira had to say about police torture methods is shocking, to say the least.

Click on link below to see the Video

Shocking! Arun Ferreira’s account of prison life


MAHARASHTRA: FALSE ARREST
With Wing Clipped
A desperate state is making Maoists out of innocents

Arun Ferreira smiles easily. The four years and eight months of incarceration, as an alleged Naxalite/Maoist, sit lightly on the 40-year-old quintessential Bandra boy. Released on January 5 from Nagpur Central Jail—acquitted in 10 of the 11 cases and bailed in one—Ferreira is taking his time to readjust to his life with family and friends in Mumbai. He must build anew the relationship with his son, who was barely two-and-a-half years old when he was arrested on May 8, 2007. And everyday technology, like mobile phones, is no longer what he remembers it to be. “I tried texting and I was all thumbs,” he says. “There’s some adjustment to do there.” Ferreira’s wife Jennifer, a sociology lecturer, didn’t visit him in jail for months for fear of being arrested as a Maoist sympathiser too.

Ferreira’s easy manner and smile belie his personal pain, and the weighty larger issue of political prisoners, individuals arrested and tortured for holding and propagating ideologies. Ferreira is a statistic in the long list of those taken into custody since Prime Minister Manmohan Singh termed Naxalism and Maoism the “gravest threat” to the country. But Ferreira’s is also the story of how law enforcement authorities make a mess of addressing the “threat”, if indeed it is one.

Ferreira was arrested in Nagpur in 2007 while he was on “social work”, along with alleged Naxal leader Arun Satya Reddy alias Murali, local leaders Dhanendra Bhurule and Naresh Bansod. Eight cases under Sections 10, 13, 18, 20 of Unlawful Activities Prevention Act (UAPA) and one under the Arms Act were lodged against him. The Maharashtra police, at that time, stated that Ferreira was the Maharashtra chief of communication and propaganda wing of the CPI (Maoist) and was in Nagpur to carry out a conspiracy along with his comrades. Ferreira, according to the police, operated under several aliases—Sanjay Chaudhary, Shukla among them.

In December 2009, Ferreira was “re-arrested” on a fresh set of charges. By September 23, 2011, Ferreira was acquitted in these cases by a court in Chandrapur. He was, legally speaking, no longer an alleged or suspected Maoist. Four days later, his aged parents waited at the Nagpur Central Jail to welcome him as a free man, but Ferreira did not walk out. Inside the jail gate, he was accosted by burly men in plain clothes, a towel thrown over his face and he was whisked away in a van ostensibly by the Gadchiroli police. He was produced the next day in court with two new charges pressed against him, cases that he had not been made aware of all the four years he spent in prison. It was plain and simple abduction, says his lawyer Surendra Gadling even if the authorities called it a “re-arrest”.

That episode galvanised Ferreira’s friends into action; online and offline petitions garnered some 6,000-plus signatures, the condemnations came fast and furious from the prestigious St Xavier’s College, from where Ferreira had graduated in mathematics in 1990; the Bombay Catholic Sabha, the Catholic Secular Forum and so on. Congress MP Priya Dutt wrote to Maharashtra chief minister Prithiviraj Chavan. The three others, arrested along with Ferreira, had all been acquitted. “This is the modus operandi,” says Ferreira. “It begins with false cases and chargesheets, opposing bail without grounds, then abducting or re-arresting those who have been acquitted or given bail by the courts. The idea seems to be: you are a so-and-so and I will keep you behind bars somehow or the other.”

Citing his case, the Indian Association of People’s Lawyers (IAPL) filed a writ petition before the Nagpur bench of the Bombay High Court for infringement of fundamental rights of liberty and freedom of movement, demanded a judicial inquiry into his abduction, a compensation of `25 lakh and apology for harassing him by implicating him in false cases. “There has been a spate of such cases in Maharashtra in the last couple of years. It’s a larger issue of political prisoners,” says Justice (retd) Hosbet Suresh. “If I work for downtrodden children or hold a particular opinion, I can be arrested. This cannot go on. In a sense, we have many Binayak Sens.” In fact, rights activists have prepared a list of nearly 30 such abduction-rearrests by Gadchiroli police between July and December 2011.

Maharashtra home minister R.R. Patil declined to comment, but analysts have their knives out already. “If, as the state police said, he was ‘a prize catch’, how come he was acquitted? It means the police were not able to prove anything at all,” says a rights campaigner. Ferreira’s case shows, among other things, the high-handedness, followed by embarrassment, of the law enforcement agencies—initially desperate to show the arrests of those with uncomfortable or extreme ideologies but unable to make those charges stick.


Anahita Mukherji, TNN Oct 12, 2011, 02.13AM IST

MUMBAI: St Xavieras College, a Jesuit institution with a strong culture of social justice, has come out in support of Arun Ferreira, an alumnus of the college who passed out from the institution in the 1990s, and has been in jail since 2007 on charges of being a Naxalite.

A fortnight ago, Ferreira, who was acquitted of all charges, was suddenly a˜abducteda from outside Nagpuras Central Jail and rearrested on a fresh set of charges.

Fr Frazer Mascarenhas, the college principal, has written to his students and the alumni, encouraging them to sign a petition in support of Ferreira. The online petition, which seeks chief minister Prithviraj Chavanas intervention, was created by Fr Cedric Prakash, also an alumnus of the college.

asFerreira seems to be just one of the human rights defenders who are being treated cruelly for daring to protest on behalf of innocent tribals and dalits who are being exploited,aa said Fr Mascarenhas in his letter.

asFor four years, while Arun Ferreira was in jail, we did not raise our voice as there were charges against him and we believed that the law would take its course. Anyone who is charged with violating the law should be pulled up. But in this case, he was charged on seven counts but acquitted of all of them. And yet, in filmi style, he was abducted without being given a chance to step out of prison. This looks like a clear case of victimization. If someone is even faintly accused of being a Naxalite, he is denied even basic human rights. If there are charges against him, they need to be proved. Four years and seven charges are enough of a chance for the police to make their case,aa Fr Mascarenhas told TOI.

Ferreiraas mother said she was very grateful to the college for standing up for him.

asItas absolutely extraordinary for an educational institution to do such a thing. This is precisely how educational institutions should function,aa said P A Sebastian of Committee for the Protection of Democratic Rights, who applauds St Xavieras for its courage.

asHere is a person who is fighting for the justice of the poorest of the poor whose natural resources are being robbed by multinationals. The state has clearly taken the side of those who cut down forests and expel tribals,aa said Sebastian.

Fr Mascarenhas felt miscarriage of justice should not be permitted. asThings have really come to a head. People cannot sit back anymore.