Report of Fact-finding Team
on “Arrest and Custodial torture of
Tapan Padhi, Social Activist in
Panikoili Police station under Jajpur district
on “Arrest and Custodial torture of
Tapan Padhi, Social Activist in
Panikoili Police station under Jajpur district
Introduction:
Perturbed having
heard the news
from media and fellow
friends on 19th March, 2019
about arrest of Tapan Padhi, Human Rights Defender of the state by Panikoili police for his alleged Facebook posting against some police
officials, a six-member fact-finding
team of Civil Society Group had visited
Panikoili police station and
Jajpur Jail on 21st March 2019 to ascertain the fact along with the
following objectives.
heard the news
from media and fellow
friends on 19th March, 2019
about arrest of Tapan Padhi, Human Rights Defender of the state by Panikoili police for his alleged Facebook posting against some police
officials, a six-member fact-finding
team of Civil Society Group had visited
Panikoili police station and
Jajpur Jail on 21st March 2019 to ascertain the fact along with the
following objectives.
Objectives :
a. To find out reason behind the arrest of Mr. Tapan Padhi.
b. To collect information furnished in FIR and other documents from the
police.
police.
c. To gather information from Sri Tapan Padhi about
his arrest, behaviour of the
police , treatment of jail officials.
his arrest, behaviour of the
police , treatment of jail officials.
d. To examine whether police
have followed the guidelines set by various Court and Commission while
arresting a person for any reason.
have followed the guidelines set by various Court and Commission while
arresting a person for any reason.
Date of Fact-finding Team :
21st March 2019
21st March 2019
Members of Fact-finding Team :
1. Pradip Pradhan, State Convener, Odisha Soochana Adhikar Abhijan,
Odisha
Odisha
2. Sri Suryamani Mishra, Journalist
3. Bhjaman Biswal, National
Human Rights Defender
Human Rights Defender
4. Sri Akhand, Human Rights Activist
5. Mahe Nikhat, Women rights Activist
6. Dillip Samantaray, RTI activist
7. Local volunteers accompanied the team
Whom the team met and discuss:
a. Ajay Kumar
Jena, IIC, Panikoili Police Station
Jena, IIC, Panikoili Police Station
b. Akshay
Kumar Das, Aditional SP, Jajpur
Kumar Das, Aditional SP, Jajpur
c. Ravi
Satapathy, DSP, Jajpur
Satapathy, DSP, Jajpur
d. Govind
Sur, Jailor, Jajpur Road, Sub Jail,
Ragadi
Sur, Jailor, Jajpur Road, Sub Jail,
Ragadi
e. Tapan
Padhi, victim
Padhi, victim
f. Telephonic
talk with local Advocate
talk with local Advocate
Details about Tapan Padhi, Human
Rights Defender
Rights Defender
Tapan Padhi
alias Mohapatra, a permanent resident of Tihidi, Bhardak District, Odisha and
is presently residing at OTM Colony of Chaudwar, Cuttack District to look after
aging parents. He is a RTI activist and a human rights defender. He is founding
President of Mission Justice, a rights-based organisation working in the state.
He is trainer in various social fields. He has
been associated with various
visits of fact-finding team in the matter of human rights violation cases in
the state. He specifically works on Police atrocities, Civil and political
rights and rights of farmers. He has drafted
a farmers rights bill and put pressure
on Government for passage of the bill in the assembly. It was scheduled to
celebrate annual program of Mission Justice on 23rd March,
2019. Before that he has been arrested on 17th March, 2019.
alias Mohapatra, a permanent resident of Tihidi, Bhardak District, Odisha and
is presently residing at OTM Colony of Chaudwar, Cuttack District to look after
aging parents. He is a RTI activist and a human rights defender. He is founding
President of Mission Justice, a rights-based organisation working in the state.
He is trainer in various social fields. He has
been associated with various
visits of fact-finding team in the matter of human rights violation cases in
the state. He specifically works on Police atrocities, Civil and political
rights and rights of farmers. He has drafted
a farmers rights bill and put pressure
on Government for passage of the bill in the assembly. It was scheduled to
celebrate annual program of Mission Justice on 23rd March,
2019. Before that he has been arrested on 17th March, 2019.
Details of Cases :
Two FIRs have
been lodged against unknown persons in Panikoili Police Station. In first case
(No/ 41/2019), the Complainant is One Subash Dhal, who claimed himself a reporter of a vernacular news paper for
Panikoili area. In his complaint he alleged that some people were posting derogatory and defamatory remarks
against Journalists in Japur. He referred to the face book account ‘Kranti Jajpur’. He has not
mentioned any name in the FIR.” This case is registered under section 292,294, 506,507,34
IPC and 66(A), 66(C),67 and 67(A) of Information Technology Act,2000.
been lodged against unknown persons in Panikoili Police Station. In first case
(No/ 41/2019), the Complainant is One Subash Dhal, who claimed himself a reporter of a vernacular news paper for
Panikoili area. In his complaint he alleged that some people were posting derogatory and defamatory remarks
against Journalists in Japur. He referred to the face book account ‘Kranti Jajpur’. He has not
mentioned any name in the FIR.” This case is registered under section 292,294, 506,507,34
IPC and 66(A), 66(C),67 and 67(A) of Information Technology Act,2000.
Second FIR is
filled by Police itself. One Kailsah Chandra Bhoi(55), the S.I. of Police,
Panikoili Police station is the Complainant and a case(No/ 42/2019) is
registered against unknown persons. He alleged that in the name of facebook
account ‘Kranti Jajpur’, ‘Kranti Sukinda’ and ‘Kranti Korei’, some persons are
posting obscene, vulgar and sexually explicit comments against Charan Singh
Meena, Superintendent of Police, Jajpur and other police officials of the
district. It hampers the reputation of Odisha Police. This case is registered
under same sections i.e. 292,294,506,507,34 IPC and 66(A), 66(C),67 and 67(A)
of Information Technology Act,2000.
filled by Police itself. One Kailsah Chandra Bhoi(55), the S.I. of Police,
Panikoili Police station is the Complainant and a case(No/ 42/2019) is
registered against unknown persons. He alleged that in the name of facebook
account ‘Kranti Jajpur’, ‘Kranti Sukinda’ and ‘Kranti Korei’, some persons are
posting obscene, vulgar and sexually explicit comments against Charan Singh
Meena, Superintendent of Police, Jajpur and other police officials of the
district. It hampers the reputation of Odisha Police. This case is registered
under same sections i.e. 292,294,506,507,34 IPC and 66(A), 66(C),67 and 67(A)
of Information Technology Act,2000.
Discussion with IIC, Panikoili PS:
Panikoili Police station. During interaction, Sri Jena appraised the team
that mainly three persons were involved in this crime. They are Rabindra Das,
Pratap Jena, Tapan Padhi and others. Two have arrested and Rabindra is absconding. We have
arrested Rabindra earlier in case no. 172/2018. Tapan Padhi was involved in
opening of fake facebook Ids and designing different posts. As per direction of
SP, we registered a case and arrested him. Looking
at hard copies
of various postings shown by Ajaya Jena, IIC claimed to be posted
by Sri tapan padhi , the team
members questioned how
Tapan Padhi was involved ,
when there is no name
of Tapan Padhi in posting of
Kranti Jajpur and Kranti Sukinda. Sri Jena responded that “
We enquired through IT
experts and found his involvement in
posting. We have arrested him legally
and you could approach court against us, if you
foresee any illegality in this case.”
The IIC also said that in the case of arrest of Rabindra
Das, Tapan Padhi had come to the police
station claiming himself to be human
rights activist and asked about that case and also questioned about the
cleanness of the Police station. The
IIC had responded him properly. He also
said that Sri Padhi
is highly arrogant and made many
posting with filthy languages against
Biju Patnaik, Prime Minister , so and so . What we have done in this case, we have done at the
direction of SP, Jajpur.
Das, Tapan Padhi had come to the police
station claiming himself to be human
rights activist and asked about that case and also questioned about the
cleanness of the Police station. The
IIC had responded him properly. He also
said that Sri Padhi
is highly arrogant and made many
posting with filthy languages against
Biju Patnaik, Prime Minister , so and so . What we have done in this case, we have done at the
direction of SP, Jajpur.
Collection
of FIR :
of FIR :
We have
collected two FIR from ICC, Panikoili PS.
collected two FIR from ICC, Panikoili PS.
DSP, Jajpur:
We met Akshay Kumar Das, Additional SP and Rabi
Satapathy, DSP, Jajpur in SP office. They expressed
their ignorance about the case
which is not a fact. We
requested them to look into the matter.
ASP wrote down the case number and assured us to see the matter. We also
requested them not to arrest
the Activists in these cases
rather issue warning them
not to write with filthy
language. If you continue to
arrest the people writing
in social media using
filthy language, you will
not find space
in jail to keep them.
Satapathy, DSP, Jajpur in SP office. They expressed
their ignorance about the case
which is not a fact. We
requested them to look into the matter.
ASP wrote down the case number and assured us to see the matter. We also
requested them not to arrest
the Activists in these cases
rather issue warning them
not to write with filthy
language. If you continue to
arrest the people writing
in social media using
filthy language, you will
not find space
in jail to keep them.
Discussion
with Govind Chandra Sur, Jailor, Japur Road Sub Jail :
with Govind Chandra Sur, Jailor, Japur Road Sub Jail :
We met jailor
and said about whether you have made arrangement for health check-up when Tapan
Padhi entered into the Jail. He said,
there is system of health pass. But there is no doctor, only one pharmacist. On
that day, when Padhi came to jail, other 20 inmates also came to Jail. So,
health check-up for all inmates was not possible on that day. Phase wise health
check up are being done.
and said about whether you have made arrangement for health check-up when Tapan
Padhi entered into the Jail. He said,
there is system of health pass. But there is no doctor, only one pharmacist. On
that day, when Padhi came to jail, other 20 inmates also came to Jail. So,
health check-up for all inmates was not possible on that day. Phase wise health
check up are being done.
Discussion
with Tapan Padhi, Victim
with Tapan Padhi, Victim
1. He was unaware of any complaint filed against him in Panikoili
Police station. No information or notice was given to him.
Police station. No information or notice was given to him.
2. On 17th March, 2019 at about 11 PM, when he was preparing
to take rest, the police captured him in front of his house at OTM colony,
Chowadar and dragged him to his house and scolded him heavily.
to take rest, the police captured him in front of his house at OTM colony,
Chowadar and dragged him to his house and scolded him heavily.
3. They have no search warrant. But they searched everywhere in the
room including almirah, trunk, bags and they seized two mobiles and one laptop
and hard disk.
room including almirah, trunk, bags and they seized two mobiles and one laptop
and hard disk.
4. They are six to seven police men and all are in dress. They dragged
him to the police van and started abusing him in the van.
him to the police van and started abusing him in the van.
5. When he requested the police to give scope for informing his relatives,
lawyers and friends about his arrest,
they scolded him and said, “first go to the Police station, we will treat you
and then you will inform anybody you want.”
lawyers and friends about his arrest,
they scolded him and said, “first go to the Police station, we will treat you
and then you will inform anybody you want.”
6. He thought police may take him to the Choudwar Police station. But
they took long drive and took him to Panikoili police station in Jajpur.
they took long drive and took him to Panikoili police station in Jajpur.
7. In the night they grilled him and treated him as a dreaded criminal
in the police station.
in the police station.
8. On 18th
March, 2019, they dragged into the IIC chamber to torture him as there are no
CCTV there. Four police men including IIC Ajay Kumar Jena tortured him
severely. They used plastic pipes to hit him in the back and hips. He was
beaten mercilessly and brutally by the police. Tapan padhi show these spot.
Both of the hips are reddish black. The torture is serious. They also lay down
in the ground and hit to the hills.
March, 2019, they dragged into the IIC chamber to torture him as there are no
CCTV there. Four police men including IIC Ajay Kumar Jena tortured him
severely. They used plastic pipes to hit him in the back and hips. He was
beaten mercilessly and brutally by the police. Tapan padhi show these spot.
Both of the hips are reddish black. The torture is serious. They also lay down
in the ground and hit to the hills.
9. After physical assault they tried to hurt him mentally also. Ajaya
Jena said that if you continue your work against police, after you release , we
would book you in Arms Act and kill
you in encounter. Your family members will be
kidnapped, raped and killed.
Jena said that if you continue your work against police, after you release , we
would book you in Arms Act and kill
you in encounter. Your family members will be
kidnapped, raped and killed.
10.Police will write a letter in official letter head to the appointing
authority of your daughter. Police letter is most powerful. She will lose her job.
authority of your daughter. Police letter is most powerful. She will lose her job.
Medical
Examination :
Examination :
Police took
him to local hospital. A nurse asked about the health condition. Two escorting
constables was trying to avoid torture. They say no need of showing hips and
other parts where torture signs are clear.
But Tapan insisted to show the affected parts and in a private room, He
showed these parts and he hopes it would be recorded by the hospital staff.
him to local hospital. A nurse asked about the health condition. Two escorting
constables was trying to avoid torture. They say no need of showing hips and
other parts where torture signs are clear.
But Tapan insisted to show the affected parts and in a private room, He
showed these parts and he hopes it would be recorded by the hospital staff.
Court
Forwarding :
Forwarding :
On 19th
March, 2109, police forwarded to him to the Local Magistrate. But there is no
scope to reveal about the torture. The magistrate asked him about his name and
his father’s name. That’s all. As Tapan
is in trauma, so he even could not say to his lawyer about the torture he faced in the police station.
March, 2109, police forwarded to him to the Local Magistrate. But there is no
scope to reveal about the torture. The magistrate asked him about his name and
his father’s name. That’s all. As Tapan
is in trauma, so he even could not say to his lawyer about the torture he faced in the police station.
Treatment
in Judicial Custody :
in Judicial Custody :
jail on 19th March, 2019. But till 21st March, 2019,
there was no health check up in the jail due to lack of staff. Only one
pharmacist was there to do the health
check up of new inmates phase wise and issue health pass. But health pass is
mandatory before entering into judicial custody. Food quality is very bad and
Mr. Padhi have already inform to the jailor. Jailer assured the fact finding
team to look into the matter.
Findings :
1. Police registered the case under Section 292, 294, 506, 507, 34 of
IPC and 66A, 66C, 67, 67A of Information Technology Act, 2000 in the Panikoili
P.S.Case No. 41 and 42 of 2019 and the maximum punishment can be awarded is
below Seven years in all the above sections of IPC and IT Act, 2000 mentioned
above. Hence Odisha Police is supposed to send notice Under Section 41-A of
CrPC before taking any further legal step. In this case police has not served
any notice on the said accused person before arresting him in the midnight of 17th March 2019.
IPC and 66A, 66C, 67, 67A of Information Technology Act, 2000 in the Panikoili
P.S.Case No. 41 and 42 of 2019 and the maximum punishment can be awarded is
below Seven years in all the above sections of IPC and IT Act, 2000 mentioned
above. Hence Odisha Police is supposed to send notice Under Section 41-A of
CrPC before taking any further legal step. In this case police has not served
any notice on the said accused person before arresting him in the midnight of 17th March 2019.
2. Section 80(1) of Information Technology Act, 2000 says that: “ 80.
Power of police officer and other officers to enter, search, etc.- (1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974), any police officer, not below the rank of a Deputy Superintendent of
Police, or any other officer of the Central Government or a State Government
authorised by the Central Government in this behalf may enter any public place
and search and arrest without warrant any person found therein who is
reasonably suspected of having committed or of committing or of being about to
commit any offence under this Act. Explanation.-For the purposes of this
sub-section, the expression “public place” includes any public
conveyance, any hotel, any shop or any other place intended for use by, or
accessible to the public. But in this case Police arrested Tapan Padhi at 11 PM
from his residence. Residence of a citizen is not a Public Place hence police
has violated the law for entering the house of the accused like a trespasser
and for searching/ seizing any item/ arrest the accused without any court warrant.
Power of police officer and other officers to enter, search, etc.- (1)
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2
of 1974), any police officer, not below the rank of a Deputy Superintendent of
Police, or any other officer of the Central Government or a State Government
authorised by the Central Government in this behalf may enter any public place
and search and arrest without warrant any person found therein who is
reasonably suspected of having committed or of committing or of being about to
commit any offence under this Act. Explanation.-For the purposes of this
sub-section, the expression “public place” includes any public
conveyance, any hotel, any shop or any other place intended for use by, or
accessible to the public. But in this case Police arrested Tapan Padhi at 11 PM
from his residence. Residence of a citizen is not a Public Place hence police
has violated the law for entering the house of the accused like a trespasser
and for searching/ seizing any item/ arrest the accused without any court warrant.
3. Odisha Police has booked him under 66A of Information Technology
Act, 2000. The 66A of this act was being Struck down by Honourable Supreme
Court of India mentioning it as unconstitutional as it violates the Article
19(1)(a) and not saved under Article 19(2) of Indian Constitution (WPC No. 167
of 2012 and M.A. No. 3220 of 2013). The
Supreme Court in 2015 struck down Section 66(A) of the Information Technology
Act, calling it “vague” and “unconstitutional”. The
Honourable Judges said “We are going to take strict action,” the
Supreme Court said, and warned that the officials who ordered the arrests under
Section 66(A) will be “sent to jail”. The top court bench of Justices
Rohinton Nariman and Vineet Saran said it is “shocking if true” that
people were arrested under Section 66(A) that was declared
“unconstitutional”. But in this case it is violated by Panikoili
Police.
Act, 2000. The 66A of this act was being Struck down by Honourable Supreme
Court of India mentioning it as unconstitutional as it violates the Article
19(1)(a) and not saved under Article 19(2) of Indian Constitution (WPC No. 167
of 2012 and M.A. No. 3220 of 2013). The
Supreme Court in 2015 struck down Section 66(A) of the Information Technology
Act, calling it “vague” and “unconstitutional”. The
Honourable Judges said “We are going to take strict action,” the
Supreme Court said, and warned that the officials who ordered the arrests under
Section 66(A) will be “sent to jail”. The top court bench of Justices
Rohinton Nariman and Vineet Saran said it is “shocking if true” that
people were arrested under Section 66(A) that was declared
“unconstitutional”. But in this case it is violated by Panikoili
Police.
4. He is not involved in these face book ids as said by the police.
Some people have shared his post in that groups. But police alleged that he
have done these fake ids. Which is not a fact.
Some people have shared his post in that groups. But police alleged that he
have done these fake ids. Which is not a fact.
5. He was beaten mercilessly in police custody. It is
illegal for the police to slap, beat, threaten, intimidate or torture any
person who is being held in custody. It is responsibility of the police for the
wellbeing and safety of an arrested person. But here police did third degree
treatment accused. This is a gross violation of Article
14, 19(1)(a), 21 of the Constitution of India and Article 03 of the Universal
Declaration of Human Rights.
illegal for the police to slap, beat, threaten, intimidate or torture any
person who is being held in custody. It is responsibility of the police for the
wellbeing and safety of an arrested person. But here police did third degree
treatment accused. This is a gross violation of Article
14, 19(1)(a), 21 of the Constitution of India and Article 03 of the Universal
Declaration of Human Rights.
Demands :
1. High level inquiry must be done by Human Rights Protection Cell of
Odisha police and stringent action should be taken again erring police
officials.
Odisha police and stringent action should be taken again erring police
officials.
2. Tapan Padhi must be referred to other hospitals for better treatment
outside jail , as there is no
doctor in jail.
outside jail , as there is no
doctor in jail.
3. Odisha Human Rights Commission may send a team to Jail to inquiry
into the matter and take necessary actions.
into the matter and take necessary actions.
4. His family members must be provided with security as ICC threatened
the accused to finish his family members.
the accused to finish his family members.
5. Police should quash allegation against him as he is not involved in
these crime.
these crime.
Report
prepared by
prepared by
Sri Akhand
Human Rights
Activist
Activist
M-7008816891
Date-22.3.19
