Monday, December 31, 2007

Under the dark shadows of Nithari carnage

Under the dark shadows of Nithari carnage
Alliance for Investigation of the Missing and Slaughtered
Parhald Aggarwal 30/11/2007 1:32:48 PM(IST)


A number of individuals and organization have come together to help the families of umpteen missing and slaughtered Children/persons of India women and other people under the lengthening dark shadows of Nithari carnage. Many people suspect the carnage to have connections with international body parts racketeering. Even the medical officer who examined the exhumed bodies suspects the same. Either they are stolen to exploit in the prostitution market or possible use as servants or to use them as beggars.





We need to get to the bottom of missing people mystery and find ways of ending the same. The other thing highlighted by the Nithari carnage is well-known ineptitude and misbehaviour of police to the public’s woes. In light of the above mentioned unfortunate circumstances we propose to the government to set-up two national commissions:



(1) A national commission for investigation of the missing and slaughtered Children/persons in India (NCIMSCPI) should be formed which will try to get to the bottom of the various reasons behind stealing of children/persons and suggest ways of dealing with the problem. We welcome the reported decision of the UP government to compensate families of the missing children/persons of Nithari. However, this decision begs the question of why should the families of children/persons missing from other places not get paid similar amounts of money? Suitable compensations should be awarded to all deserving the same.



Government(s) should invite applications from families of all who have disappeared or been slaughtered. This will attract applications from all over the country and will help (a) in a fair distribution of compensations all across the country (b) in bringing the miscreants to justice (c) contribute towards ensuring and assuring safety and well-being of our citizen (d) it would act as a sort of national insurance for the aggrieved in the face of devastating losses, and finally, (e) it would help the proposed commission in obtaining information regarding all such victims and get to the bottom of all associated racket.



Needles to say that the money can not be enough of a compensations for a lost life, the compensations do help families in need everybody Aggrieved similarly should get be compensated in a uniform and systematic manner.



(2) A national commission to investigate bureaucratic misbehaviour (NCIBM) needs to be constituted which will find out ways of making our law and order and other organs of government responsive to the common people. In that connection it may be worth mentioning that in the small towns of the USA they elect sheriffs by concerned people’s vote. Many of the judges there are elected. Representatives of people appoint other judges. In other words, they are either directly or indirectly elected by the concerned people, likewise top bureaucrats are also appointed by elected officials.


The above facts have been mentioned points out that in the USA they have democratic set-up that make their top bureaucrats as well as judiciary and police officials beholden to the public opinion, directly or indirectly or indirectly. Dr. Lohis too is said to have expressed opinion that election of top bureaucrats as well as judges owe their positions either to some kind of written tests and /or interviews, or to connections with powerful people, or to outright bribery. No wonder extreme arrogance and conceit appear to be their hallmark. Public opinion and public welfare appear to be that could care about.



While we could do a lot towards improving ways to collecting and processing opinion of the public towards various officials who are supposed to serve the people, nothing would match periodic elections held to elect of re-elect such officials on the basis of direct election among the masses (common man). One might say that our current elected officials appear to be no better than the currently appointed ones. Off hand it appears to be so.



However, on a closer scrutiny one will find that elected officials never behave with the pomposity and haughtiness with which the appointed officials behave. Further, even the limitation of the elected representation can be improved with better election process.

Currently many people whose children and other close relatives have been missing are sitting on ‘dharma’ at Jantar Mantar, New Delhi. They have discussed the above demands and they unanimously support demands.



Parhald Aggarwal is the President of Foundation for Common Man, B-58/149, Guru Nanak Pura, Laxmi Nagar, Delhi - 110092 India, Phone: 00919911099737

Indonesia Landslides: 51 Died

Indonesia Landslides: 51 Died
The numbers could still rise
Parhlad Kumar Aggarwal 26/12/2007 11:24:17 AM(IST)

Hours of heavy rain triggered landslides Wednesday that killed at least 51 people in western Indonesia, a rescue official said.



The deaths occurred in several districts on the main island of Java after more than 12 hours of nonstop rain, local search and rescue chief Eko Prayitno said.



"At least 51 victims have been buried, but the numbers could still rise," he said.



El-Shinta radio station put the death toll at 61, while Metro TV said 59 people had died.



Metro TV reported that rescue officials were trying to reach the affected areas, 300 miles east of the capital Jakarta. The report said there was little chance of getting heavy lifting equipment to the scenes because of roads blocked by landslides.



Seasonal downpours cause dozens of landslides and flash floods each year in Indonesia, where millions of people live in mountainous regions and near fertile flood plains close to rivers.


Some environmentalists and government officials say deforestation is often a factor in the disasters, which they contend loosens soils on mountainsides.

Railway revenue earnings up by 13.55 per cent

Railway revenue earnings up by 13.55 per cent
Parhlad Kumar Aggarwal 31/12/2007 3:30:06 PM(IST)

The total approximate earnings of Indian Railways on originating basis during the period 1st December – 10th December 2007 were Rs. 1931.02 crore compared to Rs. 1700.57 crore during the same period last year, registering an increase of 13.55 per cent.

The total goods earnings have gone up from Rs. 1189.72 crore during 1st December – 10th December 2006 to Rs. 1314.38 crore during 1st December – 10th December 2007, showing an increase of 10.48 per cent. The total passenger revenue earnings during the period 1st to 10th December 2007 were Rs. 553.90 crore compared to Rs. 455.98 crore during the same period last year, reflecting an increase of 21.47 per cent. The revenue earnings from other coaching amounted to Rs. 49.15 crore during this period compared to Rs. 40.88 crore during the same period last year, showing an increase of 20.23 per cent.

The total approximate number of passengers booked during the period 1st to 10th December 2007 was 186.96 million compared to 173.92 million during the same period last year, showing an increase of 7.50 per cent. In the suburban and non-suburban sectors, the number of passengers booked during 1–10 December 2007 were 107.13 million and 79.83 million compared to 100.36 million and 73.56 million during the same period last year, registering an increase of 6.75 per cent and 8.52 per cent respectively.

Two activists held in London face risk of torture if deported

Two activists held in London face risk of torture if deported
Pakistani Human Rights Commission Chairperson Asma Jahangir intervenes
Parhlad Kumar Aggarwal 23/12/2007 11:45:28 AM(IST)

On December 4, Faiz Baloch (25) and Hyrbyair Marri (39) of North and West London respectively were arrested following raids at their houses. It was reported in the media that a large quantity of documents, DVDs, computer files and money had been recovered following searches made either at the victims''' places or offices.



On December 11, charges were filed against them at the Westminster Magistrates Court in Central London for conspiring to incite another person to commit an act of terrorism under the Terrorism Act of 2000. The two have also been allegedly accused of having links with the Balochistan Liberation Army, which is considered a terrorist organization by the British government.



Hyrbyair's arrest happened days after his elder brother, Mr. Balach Marri, was also killed in the Sarlat area of Naushki, Balochistan during a military operation on November 21. The elder Marri was formerly the leader of an opposition party in the Balochistan provincial assembly while his younger brother, Hyrbyair, was the provincial minister in the early 90s.



It has been reported in the media, including the Guardian newspaper and the BBC Urdu Service that the British government may send them back to Pakistan in exchange for a prisoner, Rashid Rauf, who is accused in plotting to blow up transatlantic aircrafts in August 2006. He was held in Pakistan but had escaped ten days ago.



Since 2005, the government of Pakistan has reportedly been making efforts to extradite the Marri brothers. Once, the government also attempted to prevent Hybyar's younger brother, Mehran Baloch, from intervening before the UN Human Rights Council on behalf of the Interfaith International regarding military operations in Balochistan.



Only with the intervention of Asma Jihangir, chairperson of the National Human Rights Commission of Pakistan, Mehran was able to speak at the Council.

Strong economy kick start the Brazil Insurance market

Strong economy kick start the Brazil Insurance market
Country is fast becoming a promising ground for international insurers, says RNCOS
Parhlad Kumar Aggarwal 21/12/2007 5:13:45 PM(IST)

Latin America, particularly Brazil, has become the new investment destination for investors from all over the world. And international players who want to make inroads into the insurance industry of Latin American countries may find Brazil a promising venture as the country’s insurance market has experienced a robust growth in recent times.

The total direct premium written by the Brazilian insurance industry swelled by nearly 17.2% in the first half of 2007 over the same period in 2006. This remarkable growth in Brazil’s insurance industry has prompted RNCOS, a leading market research company, to study the market comprehensively and publish it as a report “Opportunities in Brazil Insurance Market”. The report has analyzed the factors particular to Brazil that are spurring growth in its insurance market.

The RNCOS research has defined the Brazilian insurance market to consist of general insurance, life and retirement savings products and ‘capitalization’ – a product unique to the country. The research studies the segment-wise performance of the industry of Brazil to come up with a judgmental analysis. It elaborates on segments like retirement savings and auto insurance that forms the major components of Brazil’s insurance industry and are projected to give good results in near-term. The RNCOS study has also looked into the current scenario of the market to recognize the segments with maximum latent.

A Senior Research Analyst at RNCOS opines that the improving economic stature and growth in auto financing in Brazil has resulted in high auto ownership in the country, thereby fuelling growth in auto insurance segment. Moreover, the auto insurance segment is believed to maintain the same kinetic energy in future, particularly because of rising level of car ownership in the Latino country.

However, as the report has put forward, Brazil has some snags like income inequality, crime, insurance frauds, and heated price competition, that have to be removed.

The descriptive and prudent analysis given in “Opportunities in Brazil Insurance Market” helps clients to evaluate the future of the insurance market in Brazil. Substantiated with statistical data, the report thoroughly discusses the market performance (general insurance, life and retirement savings), and key products (subsuming capitalization and health insurance), driving forces, government policies, opportunities, challenges, and future outlook of the market.

The country of kangaroos to become export oriented Organic Agriculture Market

The country of kangaroos to become export oriented Organic Agriculture Market
RNCOS's Report on Australian Organic Agriculture
Parhlad Kumar Aggarwal 21/12/2007 5:50:38 PM(IST)

RNCOS, an industry research firm has recently released its market research report “Australian Organic Agriculture - Industry Analysis” to throw light on the Australian organic agriculture market. As per the report, the Australian organic food industry is anticipated to move ahead at a CAGR of about 25% during the period 2007-2011.

Owing to the labelling requirements and obligatory certification, Australia has got the international recognition as the dealer of authentic organic products, transforming its primary markets for the export of Australian organic products over years. During the early 2000, Europe accounted for 70% of the exports of Australian organic foods while countries like Singapore, Hong Kong, USA and Japan were emerging as its prospective markets. The BSA updated that by 2010, Australia would have 5% share of the worldwide organic exports making it an AUD 1.2 Billion industry.

The report updates that the growth of Australian agriculture in future is also likely to be driven by the export markets rather than the relatively undersized domestic market. It further says that rapid increase in overseas demand has boosted the growth of the Australian organic industry.

The RNCOS study says that the thrust in the recognition of organic food in Australia is also led by the renewed interest demonstrated by key supermarket chains. However, health food shops and specialty stores continue to be the primary market outlets for the organic foods. Services like home delivery are also experiencing increased popularity in many capital cities.

But the report also counts some challenges for the Australian organic agriculture market, including tariffs and import quota barriers, negative impact of vital trade-related factors over the food and agricultural sector, global market environment, technical and quarantine necessities like preservation of market image and global competitiveness, and decisions related to bio security in Australia and other places influencing the exports and imports.

However, the research identifies inconsistent supply as one of the major deterring factor to the growth of Australian organic industry. But at the same time, cooperation among farmers could assist to exploit the market prospects, boost sales volume and improve the marketing and distribution competency.

“Australian Organic Agriculture - Industry Analysis” provides an in-depth analysis of the Australian organic industry covering various parameters of the market like past performance and future outlook while discussing the key opportunities and challenges for the market.

Custodial Death: NHRC issues notice to SP of Panchkula

Custodial Death: NHRC issues notice to SP of Panchkula
Parhlad Kumar Aggarwal (IST)

The National Human Rights Commission, New Delhi has issued notice to the SP, Panchkula, Haryana on an intimation regarding the death of one Shri Jogi Ram, a resident of Shahabad, District Kurukshetra in police custody.

The Commission''s move comes after it received the intimation from the SP, Panchkula in this regard. As per intimation Jogi Ram died while being taken to Civil Hospital at Sector 18, Panchkula on 17th of this month. He was declared brought dead by the medical staff of Civil Hospital around 6.15 pm.

The intimation also said that considering it to be a case of death in Police Custody, the District and Sessions Judge, Panchkula had been requested to depute a Judicial Magistrate to conduct an enquiry u/s 176 Cr.PC. It further said that seven police officials had been placed under suspension with immediate effect and further enquiries were being carried out.

The Commission while issuing notice has also asked SP, Panchkula to submit a detailed report along with copy of post-mortem, magisterial enquiry and inquest report as per the guidelines issued by NHRC within two weeks.

Cambodian journalist receives death threats from government official

Cambodian journalist receives death threats from government official
Cambodia has a track record in this regard
Parhlad Kumar Aggarwal 20/12/2007 8:46:11 PM(IST)

A journalist working for Koh Santepheap newspaper, Try Vantha, 46, has been threatened by a senior official of the social affairs department in Preah Vihear province of Cambodia. On 13 November 2007, Try was in a restaurant where the official, Kim Thany, was also present. While inside, Kim warned Try to refrain from writing reports about him otherwise he would be killed. Kim was angry over Try''s news report published in his newspaper in April 2007 exposing neglect in his work which results in long delays in the payment of pensions and allowances for disabled soldiers and their widows.



In April this year, Try Vantha, a disabled veteran and journalist working for Koh Santepheap newspaper wrote an article exposing Kim Thany's incompetence and neglect. Kim, director of the Social Affairs Department in the province, and his companions were said to be responsible for the long delays in payment of pensions to disabled soldiers and allowances to the widows of soldiers.

Try reported that because of Kim incompetence the pensioners have had to wait up to a year before receiving their supposedly monthly pensions or allowances. Try's report had reportedly angered Kim.



In the afternoon of November 13, Try happened to be in Tong Heng restaurant in Phearakech village, Palhal commune, where Kim was also present. At 5:40p.m., in the middle of the restaurant's crowd, Kim, who was seating next to a table where Try was seated, stood up and pointed his finger to him. Kim then ridiculed Try by calling him in a derogatory title for a person of inferior status.



Kim angrily threatened Try not to write anything more about him again or he would hire his military friend to kill him. Kim was heard telling Try as: 'If you write about me again, I'll spend USD 10,000 to get my friend, deputy Army Commander in Preah Vihear province, to kill you.' Kim further ridiculed him saying: 'The status of you [Try], journalist, cannot equal mine, [I am the] Director of the Social Affairs Department.'



When Kim was later asked about the threat he had made on Try, he denied it. He instead claimed that Try was drunk at the time of incident and that he could charge him with anything. In an apparent show off of arrogance, Kim added he and Try were not equal 'in weight' so he would not bother responding to Try's accusations.



Try had kept the threat to himself for several weeks before informing the editor of his newspaper about it. He had already filed a criminal complaint against Kim for attempted murder. In Cambodia, once a person made threats to another, they can be charged for attempted murder, unlike in other countries where they would be charged either for threats or grave threats. The Cambodian law does not define 'threat' as a criminal offense.



Other Incidents of same nature



There have been incidents of threats, targeted attacks and violence against journalists in Cambodia, in particular those involved in reporting or exposing corrupt and illegal practices by government officials and the security forces.

On November 27, a female journalist, Ms. Som Sithavry, was interviewing a military police commander in Sandan district in Kampong Thom province regarding a brawl involving two military police officers. While she was interviewing, a military police captain cut in and threatened her saying: 'Do the job properly, otherwise I will break your legs'.



On August 10, the house of journalist Phon Phat (41) was also torched in Ba Kan district, Posat. The torching happened days after he received two threatening telephone calls from numbers registered to members of security forces. He was threatened after he reported illegal logging activities to the forestry administration and for writing stories about it to his newspaper.



On August 4, another journalist, Mr. Heng Veasna, was also assaulted by a military police officer in Toul Kroh village, Posat province. Heng was on the way back home after collecting information on two illegal shooting cases by a military police officer and a chief prosecutor when he was assaulted.

On May 2, journalist Chim Chenda working for Kampuchea Thmei (New Cambodia) also received a death threat from an army general. General Pol Synoun, chief deputy for the international relations office of Cambodia-Thailand border affair, pointed his pistol at Chim whom he had forced to kneel down to and apologize for calling him 'Brother Noun'. Chim denied he had uttered such word to the general.

NHRC has sent notices to the CS and DGP of Assam

NHRC has sent notices to the CS and DGP of Assam
The case of stripping of adivasi women in Guwahati
Parhlad Kumar Aggarwal 21/12/2007 3:01:06 PM(IST)

The National Human Rights Commission has sent notices to the Chief Secretary and DGP Assam on two incidents where rioters in Guwahati stripped adivasi women.


Taking suo-motu cognizance of a report, which appeared in the English daily Telegraph on November 27, 2007. The commission said that the incident showed the failure of the Government in protecting the dignity of women, which resulted in violation of their human rights.


According to the news report, a young adivasi woman ran down a Guwahati street naked, stripped by ethnic rioters, while leering city youth clicked away with their cell phone cameras. The report also said that in another incident three persons pounced on another adivasi woman and started stripping her.



The report said that all her pleas fell on deaf ears till they stripped her naked and then only they let her go. The news report said that the victims were participating in the Adivasi procession in demand of Scheduled Tribes status to them.



The report further said that the police refused to intervene when angry local mobs dragged adivasi men, women and children and mercilessly beat them up.

The Commission has given two weeks time to the authorities for a report.

Cambodia: Leading rights groups support UN envoy

Cambodia: Leading rights groups support UN envoy
parhlad kumar aggarwal 18/12/2007 6:31:07 PM(IST)

Washington, DC: Five leading international human rights organizations today called upon the Cambodian government to respect its international human rights commitments as well as United Nations officials mandated to monitor them.

The five organizations -- Human Rights Watch, the Asian Human Rights Commission, the Asian Forum for Human Rights and Development (FORUM-ASIA), the International Federation for Human Rights (FIDH), and the World Organisation against Torture (OMCT) -- expressed deep concern about the Cambodian government’s ongoing unwillingness to engage with the UN secretary-general’s special representative on human rights in Cambodia, Professor Yash Ghai.

Following critical remarks by the special representative at the end of a 10-day fact-finding mission to Cambodia, Cambodian Prime Minister Hun Sen on December 12 called Ghai -- a distinguished professor of constitutional law in Kenya who has been special representative since 2005 -- a "human rights tourist" and vowed to never meet him.

In his closing press conference on December 10, Ghai raised concerns that the government is acting under the cover of “development” to justify widespread land grabbing and illegal forced evictions of Cambodia’s urban and rural poor. He noted that communities forced off their land have little judicial recourse or legal protection because the judiciary is corrupt and the Land Law is not properly implemented. Ghai noted that victims are increasingly ending up in prison for trying to defend their land and their human rights (see [English] or [Khmer]).

"Professor Ghai has drawn attention to critical concerns shared by the wider international human rights community," said Basil Fernando, executive director of the Hong Kong-based Asian Human Rights Commission. "There''s no denying the facts. Expropriation of the land of Cambodia’s poor is reaching a disastrous level, the courts are politicized and corrupt, and impunity for human rights violators remains the norm."

Government officials charged that the UN envoy was trying to incite Cambodians to oppose the government and rejected as "inaccurate" and overly negative Ghai's assessment of Cambodia's rights situation.

"Yash Ghai is not an isolated maverick. All of his findings have been repeatedly raised in the past by local and international rights groups, UN agencies, and bilateral and multilateral donors," said Sara Colm, senior researcher for New York-based Human Rights Watch. "Donors who commit millions of dollars to Cambodia each year for poverty alleviation, judicial reform and economic development should not condone government policies that result in thousands of Cambodians losing their homes, their livelihoods, and in some cases their lives."

A Foreign Ministry spokesman told the press on December 11 that government officials were unable to meet Ghai during his visit because they were "busy trying to develop the country."

In Ratanakiri province, armed soldiers and police attempted to disrupt a meeting between Ghai and indigenous villagers facing confiscation of their land, claiming Ghai had no right to meet villagers because he had not received written permission from local authorities. Ghai's terms of reference authorize him to travel freely within Cambodia and to visit prisons without prior approval.

"When gun-toting soldiers threaten a UN official, one can only imagine how much more difficult it is for impoverished farmers in the countryside to assert their rights," said Eric Sottas, director of the Geneva-based World Organization against Torture.

"Defenders of economic and social rights in Cambodia are also facing high risks, particularly when they defend the victims of forced evictions," said Souhayr Belhassen, president of the Paris-based International Federation for Human Rights.

In a public speech on December 12, Hun Sen said that Ghai's missions to Cambodia only "caused trouble" and criticized him for not focusing on problems in Kenya, which he said was "one hundred times worse" than Cambodia. Hun Sen extended his criticism of the UN’s human rights mechanisms by admonishing the United Nations to stop issuing negative reports about Burma and said that Cambodia would defend Burma at the UN Human Rights Council, making him the first world leader to express support for the Burmese government’s recent crackdown.

"Hun Sen's attacks on Professor Ghai were outrageous, especially since the prime minister did not question the veracity of Ghai's findings," said Anselmo Lee, executive director of Bangkok-based FORUM-ASIA. "Hun Sen's statements show contempt not only for the United Nations, but also the Burmese democracy movement."

The 1991 Paris Agreements provided for the UN secretary-general to appoint a special envoy to monitor the human rights situation in Cambodia. As a party to the Paris Peace Agreements and numerous international human rights treaties, Cambodia has committed itself to respect and protect the rights of its population (see [English] or [Khmer]).

"Hun Sen's tirade against the UN is the latest in a long series of attacks and lack of cooperation with Ghai and the three UN Special Representatives who preceded him," said Fernando. "Rather than publicly rebuking the UN, the Cambodian government should meet with Yash Ghai and start seriously working on the recommendations included in his report."

Parhlad Kumar Aggarwal is the chairman Foundation For Commonman

Indian couple found guilty of keeping two women slaves

Indian couple found guilty of keeping two women slaves
May face 40 years in prison
Parhlad Kumar Aggarwal 18/12/2007 6:12:48 PM(IST)

The wealthy Long Island (US) based couple accused of keeping two women from Indonesia as slaves has been found guilty. Indian-born Mahender Murlidhar Sabhnani, 51, and his wife, Varsha Mahender Sabhnani, 45, could face up to 40 years in prison. They were found guilty on 12 charges, which included involuntary servitude, harbouring aliens and forced labour.

The couple''s lawyer said he would appeal against the verdict. The wealthy couple, who run a perfume business and have four children, had brought the women to their large house to work as housekeepers, and forced them to work up to 18 hours per day. The couple were arrested after one of the women was found wandering the streets dressed only in trousers and a towel.

More on the prosecution's case:


They described how the two Indonesian women had been punished for misbehaviour such as sleeping late and stealing food from the dustbin to supplement their meagre meals.

The women said they had been beaten with brooms and umbrellas, slashed with knives, made to take freezing showers and climb stairs repeatedly.

One said she had been forced to eat several hot chillies and then her own vomit.
The Indian-born couple were arrested last week after one of the women escaped from their Long Island home. They pleaded not guilty to forced labour and harbouring illegal migrants.

US District Judge Thomas Platt said the couple could be released from police custody on payment of bail set at $3.5m (£1.7m).

They were to be confined to their home, and subject to 24-hour surveillance, telephone wiretaps and physical searches, the judge ruled.

The couple, who run a perfume business, were arrested after one of the women was found wandering the streets dressed in only trousers and a towel.

It is thought she escaped when she took rubbish out for collection the previous night. The couple also refused to pay the women directly, sending only $100 (£50) a month to a relative in Indonesia, officials said.

The women, identified as Nona and Samirah, arrived in the US legally in 2002 but had their passports confiscated by the Sabhanis, officials said. Their visas have since expired.

The couple also refused to pay the women directly, sending only $100 (£50) a month to a relative in Indonesia, officials said.

The women, identified as Nona and Samirah, arrived in the US legally in 2002 but had their passports confiscated by the Sabhanis, officials said. Their visas have since expired.

DAP lawyers to defend five Hindraf leaders held under ISA

DAP lawyers to defend five Hindraf leaders held under ISA
But what for other detainees?
Parhlad Kumar Aggarwal 16/12/2007 12:28:27 PM(IST)

DAP lawyers will represent the five Hindu Rights Action Force (Hindraf) officials detained under the Internal Security Act. Party central executive committee member A. Sivanesan, who will be among the lawyers, said initially, the party only represented its members M. Manoharan and V. Ganabatirau who are the among 24 detained Hindraf officials.



The other three are lawyers P. Uthayakumar and R. Kenghadharan, and Hindraf coordinator T. Vasanthakumar. “We only received the detention order for Manoharan on Friday and have filed an application at the Ipoh High Court. “As for Uthayakumar and Kenghadharan, we have received the detention order and will be filing the application tomorrow. “We will obtain the detention orders for Ganabatirau and Vasanthakumar on Tuesday,” Sivanesan told a press conference yesterday.



In Penang, Bukit Gelugor MP Karpal Singh said he would be moving a motion in Parliament on Tuesday for a review of the detention order of the five Hindraf leaders. But

what about the other detained people? All those arrested must be fully accounted for. The charges against the detainees must be adequately reviewed, and they must be released unconditionally should there be no sufficient proof to hold them for trial. The charges against the detainees must be adequately reviewed, and they must be released unconditionally should there be no sufficient proof to hold them for trial.



The whole case in brief



On November 25, the Hindu Rights Action Force (Hindraf), a Non-governmental Organisation fighting for the rights of the Indian minority in Malaysia, organised a demonstration in Kuala Lumpur. It is reported that over 20,000 people had joined the demonstration.



Hindraf organised the demonstration in time for their submission of petition before the British High Commission demanding compensation for taking the ethnic Indians into Malaysia from India during the colonial period over 150 years ago.



Under Article 10 of the Federal Constitution of Malaysia, it guarantees its citizens their rights to freedom of assembly and expression. However, this provision had been subverted after the draconian Police Act had been implemented. This Act requires any groups or persons permit from the police authorities should they organize demonstration of persons that exceeds more than three individuals. The police''s decision is final and could not be challenged in court.



It is reported that when Hindraf made their application for permit, it was rejected by the police but nevertheless the organisers proceeded with the demonstration which effectively been pronounced as illegal by the government. It resulted to the arrest of about 400 persons and several others have suffered injuries following a violent dispersal by the police. At least 200 tear gas canisters were thrown into the crowd of unarmed individuals and water cannons laced with chemical were dosed at them.



Two of those injured were identified as Ravin A.L. Mahalingam, 22; and

Kumaran Shanmugan, 22. They were sent to the General Hospital in Kuala

Lumpur for medical treatment.



Meanwhile, those arrested were also taken separately at the Kuala Lumpur Contingent Police Headquarters (IPK Kuala Lumpur) and at the Police Training Centre (Pusat Latihan Polis, Pulapol) in Jalan Semarak, Kuala Lumpur. Some of those presently detained are believed to have been injured and in urgent need of medical assistance.



On December 6, Judge Azimah Omar of the Shah Alam Sessions Court denied the petition for bail of the 31 people who had been charged for attempted murder on pretext of "national security". The attempt by the 31 persons to murder a policeman supposed happened at the Hindu temple of Batu Caves where the protesters had gathered. However, it is learned though that apart from the said policeman, several police officers and crowd have also been injured during dispersal by the police.



Of the 31, twelve were also charged for illegal assembly under Section 27 of the Police Act. The next hearing of the case is slated for 14 to 18 January 2008. Twenty-four of those identified to have been detained at the Police Training Centre, including the two injured victims, were;



1. Ravin A.L. Mahalingam

2. Kumaran Shanmugan

3. Nya Prakasam

4. Polan Isamy

5. Shanmuganathan A/L Kalimuthu (aged 29)

6. Jivan Chilayah

7. Komala

8. Ramesh A/L Rajen (aged 26)

9. Palanisamy A/L Munasamy (aged 47)

10. Sangkar A/L Supramaniam B

11. Kumar

12. Saravanan Doraisamy

13. Vilaman Ravi

14. Thanabalan

15. Subramaniam

16. Sivakumar

17. Selvarajoo A/L Viramuthu

18. Murugan A/L Sokan

19. Francis A/L Kurus

20. Robert

21. Palanisamy

22. Nagan

23. Indran A/L Pasupathi

24. Ramesh Rao A/L Simanaido



There have been a series of arrests, filing of charges and detention of persons following violent dispersals by the police in Malaysia in recent times. As mentioned earlier, the police have had sole discretion under the Police Act whether or not to allow public demonstrations. However, the police often deny organisers of demonstrations once they apply for permits, or they prevented them from holding demonstration.



On November 10, the police also violently dispersed a peaceful demonstration in Kuala Lumpur, Malaysia calling for fair and free elections. The police had used teargas and water cannons in dispersing the crowd, which resulted to injuries of several demonstrators. Thirty-four persons had been arrested but were soon after released. Please see for further details: .

On December 9, human rights lawyers and activists have also been arrested following their peaceful march to mark the International Human Rights Day. The march, which began at a large department store in Kuala Lumpur central market was halted by the policemen. They were arrested and charged for illegal assembly and for disobeying police orders.

'Lawyer of the Year' needs to be restored to his place

'Lawyer of the Year' needs to be restored to his place
Existence of legal profession and the independent judiciary are in imminent danger in Pakistan
Parhlad Kumar Aggarwal 15/12/2007 7:08:38 PM(IST)

Iftehkar Mohammad Choudhry, the chief justice of Pakistan who was dismissed from office by President Pervez Musharraf after the imposition of the emergency rule, has been recognised as the lawyer of the year 2007 by the National Law Journal, published in the United States. This recognition is most appropriate. In Pakistan now the very existence of the legal profession and the judiciary, as independent institutions are exposed to imminent danger. It is to be hoped that the recognition conferred on the dismissed chief justice will evoke a response from lawyers, judges, all democratically minded people and governments regarding the endangered judiciary and the legal profession in the country. What is now happening in Pakistan is not just a setback to these basic institutions of basic rule of law and democracy but a possible downturn, which, if not addressed now will plunge Pakistan into a completely arbitrary rule and lawlessness.

There are times when concerned public opinion is challenged in a very fundamental way to decide as to whether it could make a change for the better in a very critical situation. If it fails to do so it will have to sit and weep for many decades to come. Already a tremendous damaged has been done within the last few weeks since the imposition of the emergency and the virtual dismissal of many judges from the Supreme Court and from the higher courts. This was accompanied by handpicked people being appointed by judges in their place. The people of Pakistan will understand this in no other way but as a fatal wound caused to the independence of the judiciary. President Musharraf, who has claimed to be St. Michael, fighting against the dragon of terrorism has in fact turned his spear on the independent judiciary of his country. Certainly there is resistance to this move by the lawyers, judges and a very large section of the population. This resistance is the only hope that the country has in the battle for the independence of the judiciary against the military boot. The aim of this resistance is to bring back the dismissed judges to their respective courts and thereby undo the enormous damage done to this extremely important institution.

The recognition as Lawyer of the Year conferred on the former chief justice is fitting, as what is being challenged in Pakistan is the very meaning of the law in the country. The military ruler has treated the country’s constitution as if it were toilet paper.


He has flushed it down the drain and put his own declarations and decrees in its place. In any country which has respect for law his action would be treated either an act of a madman or as an act of treason, but the super powers that keep president Musharraf in power have not seen it that way. They treat the destruction of the very fabric of the rule of law cynically. Let millions of people’s lives be damned into a lawless situation, what do they care?

Now it falls on the lawyers of Pakistan and their judges who have thought it worth sacrificing their careers to defend the independence of the judiciary and the people of Pakistan to resist with all their strength the military design to destroy the independence of the judiciary in their country. Eminent lawyers like Munir Malik, the former president of the Supreme Court Bar Association and some judges and lawyers who have even faced severe torture, arrest and detention show a determination that needs a proactive support from democratically minded people all over the world. It is to be hoped that in this hour of great need they will not be betrayed. Iftehkar Mhd. Choudhry is a symbol of this great historical moment. The Asian Human Rights Commission hopes that having recognised him as Lawyer of the Year he will also be treated in that way by the world community of lawyers, judges and democratically minded people.


Parhlad Aggarwal is the Chairmain, Foundation for Common Man, Cell No. 919911099737 http://justicefornitasha.blogspot.com

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Indonesia Landslides: 51 Died

Indonesia Landslides: 51 Died
The numbers could still rise
Parhlad Kumar Aggarwal 26/12/2007 11:24:17 AM(IST)

Hours of heavy rain triggered landslides Wednesday that killed at least 51 people in western Indonesia, a rescue official said.



The deaths occurred in several districts on the main island of Java after more than 12 hours of nonstop rain, local search and rescue chief Eko Prayitno said.



"At least 51 victims have been buried, but the numbers could still rise," he said.



El-Shinta radio station put the death toll at 61, while Metro TV said 59 people had died.



Metro TV reported that rescue officials were trying to reach the affected areas, 300 miles east of the capital Jakarta. The report said there was little chance of getting heavy lifting equipment to the scenes because of roads blocked by landslides.



Seasonal downpours cause dozens of landslides and flash floods each year in Indonesia, where millions of people live in mountainous regions and near fertile flood plains close to rivers.


Some environmentalists and government officials say deforestation is often a factor in the disasters, which they contend loosens soils on mountainsides.

Magistrate assaults journalists at police station

Magistrate assaults journalists at police station Parhlad Kumar Aggarwal 14/12/2007 2:09:33 PM(IST)
The Asian Human Rights Commission (AHRC) has received information from the People''s Vigilance Committee on Human Rights (PVCHR) regarding the executive magistrate in Varanasi district of Uttar Pradesh assaulting journalists. It is reported that magistrate D. P. Singh assaulted the journalists at the Cantonment Police Station, along with police officers. The officer assaulted the journalists along with other police officers who were also present at the station.

Photo: Among those who were injured in the incident is Mr. Nimesh Rai, a journalist working with Sahara Media

Case Details:

It is reported that on 26 November at about 8:00pm some journalists went to the Varanasi Cantonment Police Station to lodge a complaint against a case of assault upon the journalists. The journalists were assaulted by armed men employed by a Member of the Legislative Assembly Mr. Sher Bahadur. After the attack the journalists contacted the Cantonment Police Station for help but the police refused to intervene. It was to report this in writing and also as a protest of the police inaction that the journalists had reported to the police station.

At the police station they met the Senior Superintendent of Police (SSP) and the Additional District Magistrate (ADM) who had also gone to the police station. Senior journalists who discussed the grievances of their subordinate officers were assured by the ADM and SSP that appropriate action would be taken in their case. As the superior officers and the senior journalists left the station, the Station Officer (SO) Mr. Sansar Singh and a Subordinate Magistrate (Upper Nagar Magistrate) Mr. D. P. Singh called in the officers of the Provincial Armed Core (PAC) who were standing by near the police station premises and physically attacked the junior journalists who were still inside the station premises.

Several persons were injured in the incident. Among those who were injured in the incident is Mr. Nimesh, [picture 1] a journalist working with Sahara Media. Nimesh had been at the police station along with his superior officer to report the protest. Nimesh who is also physically disabled from an earlier injury several years before was inside the chambers of the S O along with two other journalists, Mr. Girish Dube working for the ANI and Mr. Binod Bagi when the Magistrate and the S O spotted them. The police officer and the Magistrate assaulted them and threw them towards the PAC officers who they ordered to continue the assault. Please find below the statement given by Nimesh about the incident. This statement was recorded on 12 December 2007 at Nimesh’s residence where he is now undergoing treatment for the head and leg injury that he suffered in the incident.

Inference:

The local police in India are notorious for breaching the law and often resort to inhuman behaviour. That is pretty much their character and everyone in India is aware of it. However, in this incident, a quasi-judicial officer who has disciplinary authority over the police also beat the journalists inside the police station with a stick. It is clear from the incident that the assault upon the journalists was with the connivance of other superior officers in the district.

This incident must be a shame to the superior officers in the district and a blot upon the state administration that allows such injustice to happen. The action of the Magistrate, which was nothing less than that of a street rowdy, is condemnable and immediate action must be initiated against him and the other officers. The incident was reported in national media but no action whatsoever has been initiated against the officers so far and they still continue in office. Such incidents shame, not only to the state administration, but also the government of India and calls for urgent intervention, particularly during these days when India’s human rights records and commitments are being reviewed by the UN Human Rights Council in Geneva.

Statement given by Mr. Nimesh Rai:

My name is Nimesh. I am 32 years old and I am a journalist working for Sahara Media. On 26 November 2007 I was informed that there is a protest in the town organised by the scribes against the assault upon some of our colleagues. I was requested to cover the incident. On my way to the place I was informed that the protestors were attacked by the police and that several of my colleagues were taken to the Cantonment Police Station. Hearing this I went to the police station on my scooter.

Once at the police station, I did not enter the building immediately since I thought that I should keep away from any trouble, in case the situation went wrong. I had also seen a group of Provincial Armed Core (PAC) officers had also been summoned to the station. The Additional District Magistrate (ADM) Mr. Indra Vikram Singh and the Superintendent of Police (SSP) Mr. Rajeev Malhotra were also present in the station and they were discussing the matter with some of our senior colleagues. Soon the ADM and the SP left the station and also did some of our senior colleagues.

Once the superior officers left, the Station House Officer(SHO) Mr. Indrajeet Chaturvedi was seen going to the place where some of my colleagues were writing petitions. There I saw Mr. Chaturvedi verbally abusing my colleagues. At this one of my colleagues asked the officer why did he need to behave like this? At that time the Magistrate Mr. D. P. Singh shouted at the PAC officers saying that the scribes should be treated in such a way that they will not in any near future forget what would happen if they played with the administration and the police. Mr. Singh was wearing a jogging trouser. Mr. Singh also shouted that the scribes have disturbed his evening with their protests and complaints.

Soon the PAC started charging my colleagues inside the police station. Fearing that I will also be assaulted and knowing that due to my physical incapacity I will not be able to run away, I took shelter in the room of the SO. But soon the SO Mr. Sansar Singh and the Magistrate Mr. D. P. Singh came into the room. I was not alone in the room at that time. Mr. Girish Dube of the ANI and Mr. Binod Bagi, another journalist was present inside the room. The Magistrate then asked who we were, for which we answered that we are also journalists. At this the Magistrate slapped Girish and Bagi. Then the police officer Mr. Sansar Singh threw them into the hands of the PAC who were by then assaulting my other colleagues who were at the station.

Then the Magistrate approached me and repeated the same question. I replied that I am also a journalist. The Magistrate hearing this slapped me and threw me also towards the PAC officers. They started assaulting me. In the meanwhile I also saw the Magistrate picking up a stick and beating my colleagues. Soon I fell down. Somebody had hit me on my right leg, and I could not bear the pain. Suddenly somebody beat me on my head with a stick. I lost consciousness.

Later I was taken to the government hospital in the city where the doctors refused to provide any medical treatment. We were taken to the hospital in a police vehicle. The Magistrate and other police officers also by then had arrived at the hospital. I could see that the officers were instructing the medical officers regarding what they should enter in the medical records. Since no proper attention was given to me I started crying and pleaded to the officers and the medical staff to take me to the Banaras Hindu Hospital (BHU). I was taken to the BHU where a CT scan was done. I had suffered injuries on my head which was treated with six stitches. My leg was also bandaged. I was returned home with the advice to take rest for the next three weeks.

Now I am aware that the police have registered a false case against me and seven other persons. I am informed that the charges vary from interfering in police business to attacking the police station in an attempt to steal weapons and cartridges. Mr. Rajesh Gupta - my senior colleague, Mr. Ajay Mishra of ZeeNews, Mr. Gaurav Mishra, Mr. Abyudey, Mr. Bidhu Shekar and Mr. Sameer working for Ajtak TV and one passer-by Mr. Dinesh Misra are charged along with me in this case. I am aware that Mr. Dinesh Misra had in fact come to attend a function in a house near the police station. He was assaulted by the police even though he was not inside the police station compound. It seems since the police had fabricated a false charge against us, they had charge sheeted everyone who were injured and admitted in the hospital. So far, to my information, nobody has registered any case against the officers who assaulted us. It appears that the district administration is conniving with the Member of the Legislative Assembly, who also happens to be the member of the ruling party of the state.

Nimesh Rai
Varanasi
12 December 2007

The story of dowry victim Nitasha

The story of dowry victim Nitasha
Marriage means bring money from your family to stay alive?
Parhlad Kumar Aggarwal 30/11/2007 4:57:11 PM(IST)



New Delhi: Dowry victim Nitasha has openly protested against dowry at Ashok Vatika Park near the office of the Deputy Commissioner of Police (DCP) East Delhi. Victim told that she married Mr. Vijay Goel S/o Mr. Ravi Prakash Gupta and Mrs. Shakuntala Gupta resident of C-9/123, Yamuna Vihar, Delhi on February 20, 2007. She has been harassed for dowry since the first day of her arrival at her in-laws’ house.



According to Nitasha, her in-laws used to beat her, they threw cup of tea over her many a times, but it was a limit when they demanded of car. I would have been considered enough, but her in-laws make the way that rather than going for such meagre demands, they demanded third share of her father’s property. When the victim opposed to this demand her in-laws forcefully expelled her from the house.



When social worker Mr. Parhlad Aggarwal (chairman, foundation for common man) came to about all this, he tried to get the victim her deserving place in her in-laws house with the help of Bhajan Pura Police Station. But her in-laws did not let her in and all those who are helping the victim to get justice, her in-laws tried to fabricate false cases against them.



To oppose their false complaints and seek justice for this dowry victim, first a peaceful candle march was done in front of DCP Office, Shahdara and then at the Sansad Marg (parliament street, Delhi) by social worker Mr. Parhlad Aggarwal.



Mr. Parhlad Aggarwal said that on the one hand our government ask the people to save the female foetus from being aborted in the mother’s womb and on the other hand the dowry victim has to protest to get justice. It is very shameful that a family, who had spent a huge amount of money at the marriage of their only daughter, is being harassed because they are opposing the more dowries.

Nitasha’s elder brother Mr. Rajneesh Bansal who is running all the way to get her sister justice is being framed falsely under the section 354 by her mother-in-law who is a NDMC teacher. Mr. Parhlad Aggarwal also said that we will not bear this any more and if our protest will not be listened then today it is the peaceful march, later on social work organizations/women commission/student unions/advocates/doctors will also come and protest in favour of Nitasha. In a country like India where we have a female President, ruling Cingress Party President a lady, and Chief Minister of Delhi is also a woman; a dowry victim has to protest to find her deserving place in her wedded home.



Please help the victim.





Parhlad Aggarwal is the Chairmain, Foundation for Common Man, Cell No. 919911099737

articles by Parhlad Kumar Aggarwal at http://www.mynews.in

articles by Parhlad Kumar Aggarwal at http://www.mynews.in
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No Title Author Date
1 Indonesia Landslides: 51 Died Parhlad Kumar Aggarwal 12/25/2007 5:56:25 PM
2 Railway revenue earnings up by 13.55 per cent Parhlad Kumar Aggarwal 12/24/2007 6:54:05 PM
3 Two activists held in London face risk of torture if deported Parhlad Kumar Aggarwal 12/23/2007 9:32:42 AM
4 Strong economy kick start the Brazil Insurance market Parhlad Kumar Aggarwal 12/21/2007 4:51:46 PM
5 The country of kangaroos to become export oriented Organic Agriculture Market Parhlad Kumar Aggarwal 12/21/2007 4:48:37 PM
6 Custodial Death: NHRC issues notice to SP of Panchkula Parhlad Kumar Aggarwal 12/21/2007 10:47:45 AM
7 Cambodian journalist receives death threats from government official Parhlad Kumar Aggarwal 12/20/2007 7:47:26 PM
8 NHRC has sent notices to the CS and DGP of Assam Parhlad Kumar Aggarwal 12/18/2007 11:20:35 AM
9 Cambodia: Leading rights groups support UN envoy Parhlad Kumar Aggarwal 12/18/2007 11:16:34 AM
10 Indian couple found guilty of keeping two women slaves Parhlad Kumar Aggarwal 12/18/2007 11:04:35 AM
11 DAP lawyers to defend five Hindraf leaders held under ISA Parhlad Kumar Aggarwal 12/16/2007 11:18:29 AM
12 'Lawyer of the Year' needs to be restored to his place Parhlad Kumar Aggarwal 12/15/2007 1:59:08 PM
13 Magistrate assaults journalists at police station Parhlad Kumar Aggarwal 12/14/2007 11:13:36 AM
14 The story of dowry victim Nitasha Parhlad Kumar Aggarwal 11/28/2007