//Arrested, Assaulted and Tortured: Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Arrested, Assaulted and Tortured: Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Arrested, Assaulted and Tortured:  Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Jaipur

14-January-2020

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

The National Confederation of Human Rights Organisations (NCHRO) is extremely concerned by reports of alleged serious human rights violations and the continued commission of atrocities by the Uttar Pradesh Police. In particular, NCHRO is concerned within the recent arbitrary arrest and torture of Adv.Mohammed Faisal, who was arrested by Shamli Police on 23-12-2019.

Adv. Mohammad Faisal have spoken his ordeal publicly in a press conference  on  13 January 2020, Monday, 2:30 pm at Pink City Press Club, Jaipur along with T.C. Rahul (Rtd. Judge), NCHRO Rajasthan State President,  Kavita Srivastava, PUCL, Adv.Shahid Hassan, Rajasthan Bar Council, Chaitanya Khandelwal, Research Scholar, Ambedkar University etc.

Adv.Mohammed Faisal, a member of NCHRO was seized and brutally assaulted by Shamli police after he had attended to offer emergency legal and other attendant support services to those detained in the anti -CAA protests. A lawyer defending victims of repression, faced arbitrary arrest, torture and fabricated criminal charges is alarming. Another disturbing trend that has emerged under Uttar Pradesh regime is the criminalization of human rights lawyers for defending their clients and challenging unlawful conduct by police and government officials. Physical violence by police or state-hired thugs become a strategy against human rights lawyers.

Adv.Mohammed Faisal’s work is crucial for access to justice and the protection of human rights and fundamental freedoms, the rights of the defence and the guarantees of a fair trial.  NCHRO believes that such attacks on Lawyers and Human Right Defenders in the form of intimidation, arrest, prosecution and ill-treatment, require to be understood in the light of rising authoritarianism and fascist attacks in the country. We condemn and express our horror at the violent police and state action.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

In the past one month there has been a great deal of video footages showing police has been unreasonable in using force and multiple instances of arbitrary and unlawful arrests, as well as numerous reports where police denied or delayed access to lawyers and medical care to detainees. Detained protesters were also been severely beaten in custody and suffered other ill-treatment amounting to torture and it was lawyers responsibility as barristers to intervene. The rule of law required the government and the police force to obey the law.

Police officers generally have powers to carry out their duties. The Constitution and other laws, however, place limits on how far police can go in trying to enforce the law. As the videotaped beating of protesters illustrated, police officers itself violated the rights of citizens. When this happens, the victim of the misconduct must have recourse through the state laws. Police officers continue to have a serious lack of regard for the implications of their actions due an entrenched culture of impunity. Here where Adv.Mohammed Faisal’s work is important. All persons are entitled to call upon the assistance of a lawyer of their choice to protect and establish their rights and to defend them in all stages of criminal proceedings. Access to lawyers is an important safeguard for many human rights, such as the right to a fair trial and ensuring the detainee’s rights are respected in custody, including the right to access medical care when needed as well as protection from coerced confessions and torture and other ill-treatment.

The pattern of abuse by the Uttar Pradesh Police Department on vulnerable communities must cease immediately. We urge to set up an independent complaints mechanism to ensure that police officials do not continue to act with impunity. Governments must ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference. Given their community responsibilities, police should better understand the importance of the rule of law and the responsible use of powers granted to them.

Lawyers function deserves protection as the right to legal assistance is a key principle of the right to a fair trial. To guarantee fair trial rights, governments must avoid interfering with the rights of lawyers to represent the clients of their choice and to work on the issues they choose. Increasing risks and threats to human rights lawyers like Adv.Mohammed Faisal has grave consequences for the rule of law.

Despite violence it’s a good sign that a growing number of lawyers had increasingly taken on cases representing vulnerable groups. They boldly challenged widespread violations of Uttar Pradesh Police. The physical assault of a lawyer while carrying out his professional duties is a clear sign of the police’s outright disregard for constitutional protections and regional and international human rights standards which oblige all state actors to ensure that lawyers are able to carry out their duties without fear or favour and enjoy the same fundamental rights and freedoms as other people of our country.

This is a new and very disturbing development, one that is doubtless aimed at sending a clear message to other lawyers of what they can expect for carrying out their professional duty. Without urgent and significant efforts to prevent attacks and combat impunity, the independence of the legal profession, and the ability of lawyers to protect human rights, will be increasingly jeopardized. Professional associations of lawyers have a vital role to play in upholding professional standards and ethics. They must protect their members from persecution and improper restrictions and infringements.

NCHRO stresses that a well-functioning, independent legal profession is essential to our  justice system that upholds the rule of law.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

News

1) The Hindu

https://www.thehindu.com/news/national/other-states/rajasthan-lawyer-alleges-torture-by-up-police/article30562548.ece/amp/

Rajasthan lawyer alleges torture by U.P. police

JAIPUR 14 JANUARY 2020 01:24 IST

Faisal spent 14 days in Kairana jail, was released on bail on January 7

A 25-year-old Muslim lawyer from Rajasthan’s Kota district has accused the Uttar Pradesh police of falsely implicating him in a case of an anti-Citizenship (Amendment) Act protest and torturing him in their custody. The lawyer, Mohammed Faisal, spent 14 days in jail at Kairana in U.P. before he was released on bail on January 7.

Mr. Faisal, an advocate in Kota district courts, had gone to Kairana in Shamli district last month as a member of the National Confederation of Human Rights Organisations to offer legal aid to the protesters arrested during the agitation against the CAA. The police arrested him from the court premises when he was completing formalities for bail applications of some accused persons.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Mr. Faisal said at a press conference here on Monday that a team of U.P. Police’s Special Operations Group forcibly took him, along with three others, to Kotwali police station in Kairana on December 23. “I was outside the SDM court with a local lawyer doing the paper work for bail applications for some persons who were picked up from their houses five days ago,” he said.

When Mr. Faisal told the policemen that he was a lawyer and showed them his identity card, they dismissed it as fake and claimed that he had come to Kairana to “incite violence”. “They said I was speaking with a Bengali accent and alleged that I had come from West Bengal to provoke the people and help the rioters.”

The lawyer alleged that the policemen abused him, thrashed him, beat him with sticks and tortured him by giving electric current on his back inside the police station. The police then put him in the lock-up and arrested him in a criminal case.

2) Indian Express

https://indianexpress.com/article/india/caa-protests-kota-lawyer-alleges-assault-after-shamli-protest-up-police-denies-6215158/lite/

CAA protests: Kota lawyer alleges assault after Shamli protest, UP Police denies

Published: January 14, 2020 2:56:42 am

Addressing a press conference here, Mohammad Faisal, a member of National Confederation of Human Rights Organisation (NCHRO), said that on December 19, 2019, he was at NCHRO’s Delhi office when he came to know about “wrongful arrests” of people in UP’s Shamli.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Faisal said he visited Shamli’s Kairana first on December 19 and then on December 23 in connection with the arrests.

A 25-year-old Kota-based human rights lawyer on Monday alleged that the Uttar Pradesh police assaulted and tortured him last month following protests against the new citizenship law in Shamli district.

Addressing a press conference here, Mohammad Faisal, a member of National Confederation of Human Rights Organisation (NCHRO), said that on December 19, 2019, he was at NCHRO’s Delhi office when he came to know about “wrongful arrests” of people in UP’s Shamli.

Faisal said he visited Shamli’s Kairana first on December 19 and then on December 23 in connection with the arrests.

“I returned to Kairana on December 23 and was talking to local advocates around 5 pm at the local court when some policemen and Special Operations Group (SOG), the latter in civil dress, tried to arrest me and three others,” Faisal said, alleging that he was assaulted and tortured at the police station. He said he was falsely shown as having participated in anti-CAA, NRC protests in Shamli and booked.

Shamli SP Vineet Jaiswal said he had not received any complaints from Faisal.

3) India Today

https://www.indiatoday.in/amp/india/story/up-police-arrested-me-gave-electric-shocks-for-legal-aid-to-anti-caa-protestors-kota-lawyer-1636579-2020-01-14

UP Police arrested me, gave electric shocks for legal aid to anti-CAA protestors: Kota lawyer

January 14, 2020

Mohammad Faisal, a Rajasthan-based lawyer has claimed that he was wrongly picked by the SOG team of Uttar Pradesh Police from inside the Kairana Court. He said that he was given electric shocks four to five times and subjected to physical torture in custody.

Faisal has said that he will be filing a case against the UP Police who he accused of defaming him.

Mohammad Faisal, a Rajasthan based lawyer, has accused the Uttar Pradesh Police of wrongful arrest during the ongoing anti-CAA protests in the state.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Faisal, a lawyer based out of Kota district in Rajasthan, has claimed that he had visited Uttar Pradesh’s Shamli to help people involved in anti-CAA protests, who were falsely implicated by the UP Police.

He claimed that he was wrongly picked by the SOG team of Uttar Pradesh Police from inside the Kairana Court in UP’s Shamli. He alleged that he was arrested by the UP Police despite telling them that he was a lawyer from Rajasthan who was there to help people by providing them legal aid.

While speaking to India Today TV, Faisal claimed that he was given electric shocks four to five times and subjected to physical torture by the UP Police’s SOG in custody.

He has also claimed that the police levelled “false charges” of spreading violence and also that he was involved in anti-CAA protests when he was not.

“When I was providing legal aid to people inside Kairana Court, Shamli, I had gone for legalese, then at five in the evening, the SOG team arrived and was about to take me by arresting me. I opposed them. I told them that I am an advocate and a local advocate who was also there with me, he also opposed it,” Faisal said.

“After that, I was taken to Kairana station, then I showed them my Rajasthan Bar Council ID. The police told me my ID is fake. They claimed I am from West Bengal and have come here to spread violence,” he added.

Faisal alleged, “I was physically assaulted, mentally tortured, filthy abuses were hurled. After that, the SOG team gave me electric shocks as well … I was given electric shocks four to five times … On asking their name, I was slapped. After that, I was put inside the lock-up at 11 in the night and a fraudulent FIR based on protest incident of December 20 was filed against me. On the basis of an FIR on December 22, I was arrested and on the 24th, I was produced in the Court, from where I was sent to judicial custody,” Mohammad Faisal told India Today TV.

The Kota lawyer also said that the UP Police had claimed that he was a member of the Popular Front of India (PFI) and was involved in distributing pamphlets for them.

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

Faisal claimed that he has never had any association with the PFI and that he was associated with National Confederation Of Human Rights Organizations (NCHRO) which was involved in providing legal aid. He was produced before the court in Kairana and from there, he was sent to jail where he had to spend 13 to 14 days in judicial custody.

“I had gone to UP on the behest of NCHRO to provide legal aid to people. From Delhi NCHRO office, we were told that some people were illegally arrested in Shamli. I had gone there to find facts and to help people when this incident occurred with me … From December 24 to January 7, we were in jail, in total for 13 to 14 days, we had to stay in judicial custody.”, Faisal said.

Faisal has said that he will be filing a case against the UP Police who he accused of defaming him.

“Yes, a case of spreading violence has been filed against me over there and as far as the question of me filing a case is concerned, then whatever case can be made against the UP Police, whether it is of defamation or is of persecution against them, I will file it. I am not a member of the PFI. I am a member of NCHRO but the allegation that they have levelled against me is that I was distributing pamphlets of PFI.”, Faisal said. 

4) Yahoo News

https://in.news.yahoo.com/amphtml/caa-protests-kota-lawyer-alleges-212642303.html

5) Deccan Herald

https://www.deccanherald.com/amp/national/north-and-central/booked-under-false-case-tortured-in-the-jail-lawyer-794237.html

6) The Wire

https://thewire.in/rights/muslim-lawyer-arrested-by-up-police-over-militant-links-narrates-ordeal

7) PressBolt News

https://news.pressboltnews.com/politics/rajasthan-lawyer-alleges-torture-by-u-p-police/

8) Newzz In

https://newzz.in/latest_news/rajasthan-lawyer-alleges-torture-by-up-police/7974641883247236101/7974641883247236101/

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police.

9) NewsDig In

https://newsdig.in/news/444921951/UP-Police-electrocuted-arrested-me-for-giving-legal-aid-to-anti-CAA-protestors-Kota-lawyer

Video Press Conference – Hindi

Thejas News in Malayalam

Arrested, Assaulted and Tortured : Adv.Mohammed Faisal, Human Rights Lawyer Perturbed by Uttar Pradesh Police – Indian Express News