Most Immediate

 

N0.242/10/2000-2001

National Human rights Commission

( Law Division-V )

 

E.I.Malekar                                                         Sardar Patel Bhavan

Asstt. Regisstrar ( Law)                                                  Sansad Marg

Phone N0. 3361175                                            New Delhi-110001                 

Fax N0. 3340016

 

 

 

To                                                                              Dated 13 March 2001

 

 

Shri Leo Saldanha

Coordinator / Trustee

S-3 Rajashree Apartments

18/57 Ist Main Road, S.R.K.Gardens

Jayanagar, Bannerghatta Road

Bangalore-560041

 

Subject : Your complaint dated 14/07/2000

 

Sir

 

The case above mentioned was placed before the commission on 27/2/2001 when it has directed to send copy of the police report to you for your comments, if any, within four weeks.

 

I am, therefore, to send herewith a copy of the report/gist of the report and to request you to send your comments, if any, by 9/4/2001 for placing it before the Commission. It is further informed you that, in case no reply is received by the aforesaid date the case will be closed presuming that you have nothing further to urge in the matter before the Commission.

 

Encl: As stated.

 

 

                                                                   Yours faithfully

 

                                                                Asstt. Registrar ( Law)   

 

 

 

 

 

 

N0.CRM(4)101/2K                                                      Office of the

                                                                   Commissioner of Police

                                                                             Bangalore City

                                                          Date: 23rd October 2000

 

To

 

The Secretary General,                                          

National Human rights Commission,

Sardar Patel Bhavan,

Sansad Marg,

New Delhi-110001.                                             7 November 2000

 

 

Sir,

 

Sub:  Petition of Leo F. Saldanha to N.H.R.C

Ref : NHRC case N0.242/10/2000 dated 31/7/2000.

 

The petition of Leo F Saldanha to NHRC alleges that on 5th July 2000 he was assaulted and arbitrarily denied the opportunity to express his views on the proposed “Nandi Corridor, Bangalore-Mysore Express Way” in the public hearing held by the concerned authorities.

 

The enquiry reveals the following

 

Bangalore – Mysore Express way Project which is known as Nandi Corridor is a Government project. As per “ Environment Protection Act 1986” clearance from Pollution Control Board is a necessary condition for providing final approval to the project. As per Notification dated 10th April 1997 issued by Ministry of Environment and Forest, Government of India ( copy enclosed ), public hearing has to be conducted to know the views and grievances of the affected public. In compliance to the guidelines, Dy Commissioner of Bangalore Urban and Bangalore Rural Districts had jointly organised public hearing meeting on 5th July 2000 at Yuvanika, Nrupathunga Road, Bangalore.

 

Similar meetings wee held at District Headquarters of Mysore and Mandya wherein some of the groups had opposed the project and disturbed the public hearing proceedings. Keeping this in view, as per the request of the Dy Commissioner of Bangalore Urban District, proper police bandobust arrangements were made in and around Yuvanika on 5.7.2000 from 8.30 am for smooth conduct of the public hearing proceedings. Public started coming to the meeting from 9.30 am onwards. Police approached important persons like Shri H.S. Doraiswamy a senior citizen, Sirimane Nagaraj, Vasu and few others and advised them to maintain orderliness in the public hearing proceedings and to express their views without causing obstruction to the proceedings, for which they agreed.

 

Public hearing commenced at 11 a.m Dy. Commissioner, Bangalore Urban who was the presiding Officer had appraised the public about the purpose of the proceedings and advised them to express their views one by one. He told them to send the names of the speakers in a slip so that he can call the speakers one by one in an orderly manner.

 

The speakers were invited to express their views. Meanwhile Sirimane Nagaraj and his supporters insisted on Sri H.S.Doraiswamy speaking as he is a senior citizen. Sri Sirimane Nagaraj and his supporters who identified themselves as members of “ Samrajya Shahi Virodhi Okkuta” urged to provide the information and documents pertaining to this project and demanded to with hold the proceedings till such time their demands were met. Doraiswamy and Sirimane Nagaraj did not allow any other speakers to express views thus causing obstruction to the proceedings.

 

Presiding Officer, members of the public and Police Officers appealed to them the maintain orderliness in the proceedings and to allow others, who have come from far off places to express their views. This process of appealing went on for about one hour and in spite of this, they did not heed to the appeal to co-operate with the proceedings. Then presiding Officer and Dy. Commissioner, Bangalore Urban directed Police to remove them and to take suitable action against them to facilitate smooth conduct of the proceedings. Hence Police advised the protestors to co-operate with the proceedings or to court arrest. Initially they agreed for the arrest and later they continued to obstruct the proceedings and also resisted the arrest. Therefore they were physically removed from the meeting hall and taken to the Police Van. One of the agitators Mr. Leo Saldanha then complained of pain and he was advised to take medical treatment, but he declined to co-operate in taking the medical treatment and created a scene. Later he was convinced and taken to Victoria Hospital in a Police Jeep and medical facilities were provided to him. Mr. Leo Saldanha was treated as Out Patient. He could have suffered the pain due to scuffle of the unruly crowd Police staff viz Shivaraj, HC. 1163, Seenappa, PC.6935, Manmatha, PC. 2824, Narahari Rao, PC. 4521 and others have sustained injuries due to unruly behaviour of the agitators. Thirty five arrested persons including Mr. Leo Saldanha were kept in Viveknagar Police Station. In this connection, a case in Ulsoorgate Police Station Crime N0.642/2000 u/s 143, 147, 332, 186 R/W 149 IPC was taken on file. The arrested persons were released on self bail on the same day. Case is under investigation.

 

The Parawise remarks on the petition dated 14th  July, 2000 of Mr. Leo F. Saldanha is as follows:

 

Para-1:   No remarks

Para-2 :  Concerns to the Pollution Board and the presiding Officer.

Para-3:                 -do-

Para-4:                 -do-

Para-5:                 -do-

Para-6:                 -do-

 

Para-7:    As narrated supra

 

 

Para-8: Concerned to the Pollution Board and the presiding Officer.

 

Para-9:                 -do-

 

Para-10:  as narrated above. No drunken group was found in the meeting. Petitioner Mr. Leo Saldanha was supporting and sympathising with “ Karnataka Vimochana Ranga and  Anti Imperialist Forum” led by Shri H.S.Doraiswamy, Sirimane Nagaraj and others. It is not correct to say that the Police have physically handled women agitators and some women were molested by the mob who were in favour of the project. Women Police were also deployed at the meeting place for bandobust duty.

 

Para-11:  Concerned to the Pollution Board and the Presiding

Officer.

 

Para-12: as narrated above it is not correct to say that when the petitioner was arrested, the atmosphere at the venue was calm. Petitioner was also a member of unlawful assembly as such he was arrested by Police. Minimum reasonable force was used to physically remove him from the meeting place, as he resisted the arrest.

 

Para-13: In the initial stage, he has not co-operated in taking medical treatment, and created a scene. Only after repeated persuasion he went for medical treatment. Proper medical treatment was rendered to him at Victoria Hospital, Bangalore.

 

Para-14:  It is true that he was arrested in Ulsoor gate PS Crime. N0. 642/2000 U/S 143, 147, 332, 186 R/W 149 IPC on 5.7.2000 And he was released on bail on the same day.

 

Para –15: It is incorrect to say that the fundamental right of the petitioner was violated by the Dy.Commissioner. On the other hand, petitioner being one of the member of unlawful assembly, individually and collectively obstructed the lawful functioning of the public servant.

 

 

Para-16: Drunken persons were not found in the meeting. However, some persons were appealing to presiding officer to make arrangements for smooth conduct of the proceedings. Police have discharged their lawful duties.

 

Para-17: Same as Para 10.

 

Para-18: Concerned to pollution Board and the Presiding Officer.

 

Para – 19:  Police have performed their lawful duties in curbing the activities of unruly assembly of which the petitioner was also a member.

 

Para-20: This pertains to filing of petition before NHRC by petitioner Mr. Leo Saldanha. No comments.

 

As presented above the petitioner being the member of unlawful assembly, having indulged in unruly activities causing obstruction to the lawful functioning of the public servant was arrested on 5.7.2000 by Ulsoorgate Police in their Police Station Cr.N0.642/2000 U/S 143, 147,332, 186 R/W 149 IPC. The allegations made by the petitioner against the Police, the presiding Officer and the panel are baseless and far from truth.

                                                                                                                                                                                     Yours faithfully,

                                                                                                                                                                              For Commissioner of Police

                                                                   Bangalore City. 

 

    ( Following this is the Annexure of the MOEF on Public Hearing)