[Download Movie Muzaffar Nagar - The Burning Love Free
Addison Mauldin
After hearing the submissions of advocate Sanjay Kumar Tyagi, representing the government, the bench comprising Chief Justice of India Dipak Misra, Justice A M Khanwilkar and Justice D Y Chandrachud, disposed of the petition filed by the producer of the movie, Morna Entertainment Private Limited.
Muzaffarnagar, the Burning Love is a love story of a Hindu boy and a Muslim girl set in the backdrop of the 2013 Muzaffarnagar riots. The SC noted in its order the statement by the counsel that no order for banning the movie was passed by the authorities and the film was running in theatres even today.
261. By letter dated 9 August 1993 the Special Rapporteur informedthe Government of reports he had received indicating that criminalsuspects, as well as persons detained for political reasons, areroutinely tortured in police stations in order to extract confessionsor information and that many detainees have died as a result.Methods of torture include: pulling the victims legs far apartso as to cause great pain and internal pelvic injury; rotatinga heavy wooden or metal roller over the victim's thighs; electricshock, applied to victims genitals, head, ears and legs; prolongedbeatings with canes and leather straps; tying the victim's handsbehind the back and suspending him or her from the ceiling bythe legs; rape, threats of rape or molestation; deprivation offood and drink; keeping the person naked in the cold and in theburning hot sun in the summer.
262. Information was also received according to which rapeby the police is common throughout the country. The victims aregenerally poor women and those from vulnerable low-caste and minoritygroups who are taken into custody as suspects, or as hostagesfor relatives wanted in criminal or political cases or in orderto extort payment to secure their release. Rape was also reportedto take place during counter-insurgency operations in areas ofconflict.
264. Ganeshan, publisher and printer of the Tamil weekly newspaperNakkeeran, was arrested by Tamil Nadu police on 10 April1992 after that newspaper published an editorial critical of theTamil Nadu Chief Minister's treatment of the press. After hisrelease on bail on 20 April, he reportedly collapsed in the Nakkeeranoffice while telling his colleagues how he had been tortured bypolice. He was rushed to a private hospital where he died.
265. On 3 December 1993 the Government replied that this personhad been arrested in connection with the publication of an articlein Nakkeeran containing scurrilous, seditious, obsceneand defamatory remarks. He was immediately produced before theAdditional Chief Metropolitan Magistrate who remanded him to judicialcustody. A bail application was also moved which was posted forhearing on 16 April 1992, and to which the Magistrate recorded"No complaints of torture or ill-treatment". No suchcomplaint or plea for medical treatment was made by his counseleven during hearing on the bail application on 16 April 1992,which was dismissed. On 20 April 1992 bail was granted by thePrincipal Sessions Court, Madras. On being released, R. Ganesanwas garlanded by the editor and staff of Nakkeeran nearthe central prison, Madras. A photograph of this event appearedin the Nakkeeran issue of 30 April 1992, which made nomention of any torture or ill-treatment. The weekly had, however,mentioned that Ganesan was suffering from heart ailment and hypertension.He was admitted to Devaki hospital, on 26 April 1992. Even themedical report did not reveal any signs or evidence of his havingbeen tortured.
266. Nandagopal, a university employee belonging to the ScheduledCaste community, was arrested on 29 May 1992, reportedly in connectionwith a theft, and detained for interrogation. He died in custodyin Annamalainagar police station, Chidambaram, South Arcot district,Tamil Nadu, on 3 June 1992, allegedly as a result of four daysof torture. A post-mortem examination reportedly revealed 21 marksof injury to the body. Padmini, his second wife, was also arrestedon 29 May and taken to the same police station. She was reportedlyraped in her husband's presence by four police constables.
267. Vidyadharan, president of a Congress Party "reformist"group in Karthikapally Panchayat, Haripad Taluk, Alappuzha district,Kerala, was arrested by the police on 18 February 1993 in Haripad.He was reportedly tortured in police custody and then rushed toHaripad government hospital, where he was declared dead on arrival.
268. On 3 December 1993 the Government informed the SpecialRapporteur that during Vidyadharan's detention at Haripad it wasnoticed that he had tried to hang himself. The following day itwas noticed that he was lying motionless and was immediately removedto Haripad hospital where he was declared dead. A criminal casehad been registered and the investigation was being carried outby the Inspector General of Police.
269. Satyavan, from Jharoda Kalan village, died, allegedlyof torture, in Najafgarh police station in Delhi on 2 March 1993.His friends Balraj, alias Billoo, and Ishwar Singh, who were arrestedwith him, reported that they had all been beaten in the policestation until Satyavan collapsed.
270. Rajinder Prasad, a worker at the India Safe Factory inMayapuri industrial area, died on 11 April 1993, allegedly afterbeing tortured by police and strongmen of the factory management.According to the reports, two policemen were suspended from dutyand an inquest was held by a sub-divisional magistrate. However,no full inquiry by an independent authority was known to havebeen held and no further action was known to have been taken againstthe officials allegedly responsible for his death.
271. On 3 December 1993 the Government replied that on 11 April1993 Rajinder Prasad and two others has reportedly been crossingthe railway track when he was accidentally run over by a train.The investigation conducted by the Railway Police had indicatedthat the death was accidental. Subsequent to the death a complainthad been filed by one of the factory workers to the effect thatthey had been beaten by the factory owner. A case had been registeredon this basis and the owner and others arrested. The case wasstill under investigation.
272. The Special Rapporteur also received information accordingto which there has been a pattern of human rights violations committedby members of the security forces in the course of their operationsin Jammu and Kashmir. These include reports of brutal tortureand rape by members of the security forces, often in retaliationfor attacks by Kashmiri militant groups on them. Torture is reportedlyused as a means of extracting information from detainees, coercingconfessions or punishing persons believed sympathetic to the guerrillaforces. Every government force operating in Kashmir, includingthe Indian Army and India's federal paramilitary forces, the CentralReserve Police Force (CRPF) and the Border Security Force (BSF),has its own interrogation centres in Kashmir. Detainees are reportedlyfirst interrogated by the detaining security force for periodsof time which may range from several hours to several weeks. Duringthis time the detainee is not produced before a court or givenaccess to anyone outside the interrogation centre.
273. It was also reported that security personnel routinelyignore procedural safeguards when taking persons into custody.Although Indian law requires that everyone taken into custodymust be produced before a magistrate within 24 hours, in factdetainees are rarely produced at all. Prohibitions and safeguardsagainst torture in the Indian Penal Code and the Code of CriminalProcedure, which prohibit the use of coerced confessions and prescribeinquiries into deaths in custody and prison terms for officersguilty of torture, are also routinely disregarded. Security personnelresponsible for torture in Kashmir have reportedly never beenheld criminally liable for their actions.
274. It was further reported that the use of rape is commonin Kashmir as a weapon against women suspected of being sympatheticto or related to alleged militants; or as a form of retaliationagainst civilians believed to be sympathetic to the militants.The authorities have rarely investigated charges of rape by securityforces and those which were investigated did not result in criminalprosecutions. Incidents of this kind have been reported, for example,in Chak Saidapora, near Shopian, district Pulwama; Haran, nearSrinagar; and Gurihakhar, Handwara district. The individual casesreferred to in the following paragraphs were transmitted to theGovernment.
275. Muzaffar Ahmed Mirza was arrested on 4 October 1991 inTral, a village about four kilometres south of Srinagar. He wasallegedly beaten and given electric shocks to the genitals. Afterthat, an iron rod was inserted into his rectum and pushed throughto his chest. He was found by the side of a road and taken tothe Medical College hospital the next day in severe pain. Thenext day he underwent chest surgery which revealed a large lacerationof the diaphragm and left lung. Within two or three weeks, hedied of subsequent internal infection.
276. Manzoor Ahmed Ganai, a resident of Wakoora district, Gahderbal,Jammu and Kashmir, was reportedly arrested on 7 January 1993 alongwith 14 other persons by soldiers from the army 10th Bihar regiment,during a search operation in his village. He was reportedly torturedfor 10 days with electric shocks, beaten with sticks and gunsand trampled on by soldiers. He was then alleged to have beenhung upside down for some 24 hours until he lost consciousnessand had the back of his thighs burned with paraffin.
277. On 3 December 1993 the Government informed the SpecialRapporteur that Manzoor A. Ganai had been released after questioningand returned to his family on 22 January 1992. On 14 February1992 he died in hospital. A medical examination had revealed thatdeath was due to renal failure. A complaint had been filed on28 May 1993 by his father and an investigation was being conducted.
279. Masroof Sultan, a college student from Batamaloo, wastaken into custody by the paramilitary Border Security Force (BSF)on 8 April 1993. He was reportedly beaten by four soldiers, blindfoldedand, along with three other young men, taken to a building wherefour BSF agents tried to force him to admit he was a militant.When he refused he was reportedly hung from a pole by his kneesand beaten until his leg was broken. He was subsequently transferredto Papa II, an interrogation centre near Srinagar where he wasallegedly given electric shocks. He was finally shot at severaltimes, but survived his injuries.
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