Sunday, November 6, 2011

Whether the State of Gujarat becomes responsible for the murder of a key witness, who was under the police security in view of the Apex Court's latest Ruling ?

Recently, an English TV News Channel released a sensitive news interview of Ex-Gujarat top cop, R B Sreekumar who has raised an alarm again for security of key witnesses of some controversial criminal cases of Gujarat. This time, he has stated that there is a pattern to the deaths of whistleblowers in Gujarat. Sreekumar's statement came after the killing of the fourth whistleblowers like, Nadeem Sayed, a witness in the Naroda Patiya massacre and a Congress worker who was stabbed to death in Ahmedabad on Saturday, in spite of being under police security. It is also heard from Ex-Gujarat top cop, R B Sreekumar, saying in this report, that "Gujarat police is known for its such attitude towards witnesses.And Gujarat Police is also not properly monitoring" It is said that Nadeem Sayed had demanded police security just a few days ago, but it is also said that the security constables were not present when he was stabbed. It is also said that he was going to discuss case matters as a key witness in respect of Naroda Patia Sensitive Case, with the concerned lawyer on the very next day, before he was stabbed to death. In view of the recent serious approach taken by The Division Bench of Hon. Justice Mr. P. Sathasivam and Hon Justice Mr. B.S. Chauhan of the Supreme Court of India in a punjab police fake encounter case, as reported and discussed by KARTIKEY SHROFF Law Office in its Blog it is again to see that “tolerance of police atrocities would amount to an acceptance of systemic subversion and erosion of the rule of law, because such the atrocities are not only violation of the constitutional fundamental rights of life and personal liberty, granted under Article 21 and further it is to see in that Apex Court Judgment that " Any kinds of torture was not permissible “whether it occurs during investigation, interrogation or otherwise. The wrongdoer is accountable and the state is responsible if a person in custody of the police is deprived of his life except in accordance with the procedure established by law. " Now certain significant question of laws and facts are newly raised at this juncture in view of the aforesaid Apex Court ruling, that when an important activist and key witness of a serious criminal occurrence like Naroda Patil Incidence, who had been stabbed to death, in spite of being under the Gujarat police security, whether The State of Gujarat is responsible for such death of a key witness under the police security ??!!

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