- Gross violation of Justice by Karnataka police and Judiciary

Three and half years ago. 12 Tamils were arrested by Frazer Town Police,Bangalore framing the allegations u/s. 120B, 121, 121A, 122, 124A,153A & 153B of Indian Penal Code, Under Sections. 3, 4, 5 & 6 of Explosive Substance Act 1908 and Section 5 R/w 9B of the Explosive Act, 1884 and Section 3, 7 and 25 of the Arms Act, 1959. The accused and arrested were lodged in Bangalore Central Prison, Bangalore.

Mr. Guna Seelan [a] Guna aged about 65 [A-10 as per Chargesheet] and Prof. Nedunchezhiyan, aged about 55 [A-15 as per Chargesheet] are prominent writers and their research and writings are professionally of high standard. Their writings have attracted hundreds of Tamil intellectuals and youths. Their books had the Potential for dethroning oppression ideologies.

A-10, Guna Seelan [a] Guna, in his 65 year life span gave voice to voiceless Tamil Majority. He exposed the ruthless manner in which racism practiced against Tamils.

A-15, Prof. Nedunchezhiyan, a Research Scholar in Tamil University at Tanjore, Tamil Nadu. His wife and children live in Trichy. The Karnataka police actually picked him up at his residence after his early morining walk on July 4th 2003. While it is said that the local Tamil Nadu police refused to give due permission on his arrest, the Karnataka police detained and lied to the press that he was arrested in a hide-out in Bangalore. Prof. Nedunchezhiyan brought proofs from the University to say that he had the copy of the University registers singed till the last day of his arrest.

Guna and Prof. Nedunchezhiyan were never involved in any of the Arms struggle or violence by using explosives and arms. The allegations contained in the charge sheet are false and no prima facie evidence in support of police allegations. The arrest is nothing but an illegal detention of Guna and Nedunchezhiyan, It is yet another cogent sign that Tamils continue to face merciless suppression under the Karnataka Government machinery.

Several of their bail petitions and discharge petitions had been rejected by the Karnataka courts and they languish in the jail for over three and half years.

Prayer/ Relief if any, sought :

a. The arrested persons having their right for speed trail as per Constitution of India. In this case, even after 3 years, the court has not taken the case for trial.

b. The arrested persons applied for bail and discharge several times, but to rejected every time. Sometimes deliberately reserved the judgments for
several months, throwing spanner into the wheel of justice.

c. It is also said the arrested were facing sever mental and physical torture under police / judicial custody. Due to this, A-1, Vijaya Murthy [a] Murthy [a] Viji aged about 45 died in the jail on 10-06-2005. We seek a judicial probe in the case.

To
Honorable Justice Dr. A. S. Anand
Chairperson
National Human Rights Commission
Faridkot House
Copernicus Marg
New Delhi. 110001.
Email: covdnhrc@nic.in

This complaint is signed by:
Subramanian.G
Executive Director, Manitham
Web Site: www.tamilinfoservice.com/manitham
Email: manitham@tamilinfoservice.com
Secretariat: 9 Muthu Samy Colony Main Road,
Coimbatore - 641 026
Tamil Nadu
India

Dated : 08-07-2005

The Bangalore city police have requested the Government to ensure that the trial of Tamil separatists, who were arrested by the Fraser Town police on the charge of secession, is held at the high-security Parappana Agrahara prison.

Police sources speaking to The Hindu on Monday claimed that the Tamil separatists, who are lodged in the Parappana Agrahara prison, have close links with the Liberation Tigers of Tamil Eelam (LTTE).

The sources said it was highly risky to take the accused to a court in the city from the Parappana Agrahara prison situated on the outskirts of the city.

"As the Karnataka High Court has ordered that the case against the Tamil activists has to be disposed of within six months, the accused have to be brought to the court often. Considering the antecedents of the accused and their links with the LTTE, we thought it would be safe to hold the trail at the Parappana Agrahara prison itself," the sources said.

The police have written to the Government to request the High Court to facilitate the trial at the Parappana Agrahara prison. The request made by the police to the Government is: Either the judge of the Sessions Court can hold the trial at the prison or one of the two judges, who have their courts in the prison, can conduct the trial, according to the sources.

The High Court on September 15 rejected the bail petitions of two Tamil activists, Nedunchezhian and Gunaseelan alias Bangalore Guna and directed that a Sessions Court hold their trial expeditiously.

The Fraser Town police had filed charge sheet in the case that between 1996 and 2002 stating that Prof. Nedunchezian had entered into a conspiracy to disturb peace in the State, to create a separate nation and to support the LTTE chief Velupillai Prabhakaran.

He had also started the Karnataka Tamiliar Iyakkam (Karnataka Tamils' Movement), the charge sheet said.

The prosecution had told the High Court that two persons, Vijay Murthy alias Viji and Shiva Kumar alias Shiva, were arrested from near the Banaswadi railway station on November 11, 2002 and aluminium pipe bombs and hand grenades were seized from them.

It later came to light that several persons had entered into a conspiracy at the house of Prof. Nedunchezhian to wage a war for the creation of a Tamil nation, the prosecution said.

The prosecution said Prof. Nedunchezhian was one of the pioneers of the Tamilar Peravai movement for armed and political struggles of a Tamil homeland. It said some of the members of the peravai had received military training in Sri Lanka. Moreover, plans to either blast buildings or disturb peace were mainly hatched in the residence of Prof. Neduncheziyan, the prosecution claimed. [THE END]