Saturday, 29 December 2012

Aruna Shanbaug case

Aruna Shanbaug (alternatively spelled Shanbhag) is a former nurse from Haldipur, Uttar Kannada, Karnataka in India. In 1973, while working as a junior nurse at King Edward Memorial Hospital, Parel, Mumbai, she was sexually assaulted by a ward boy, Sohanlal Bhartha Walmiki and has been in a vegetative state since the assault. On 24 January 2011, after she had been in this status for 37 years, the Supreme Court of India responded to the plea for euthanasia filed by Aruna's friend journalist Pinki Virani, by setting up a medical panel to examine her. The court turned down the mercy killing petition on 7 March 2011. However in its landmark judgment, it allowed passive euthanasia in India.[1]

Attack and trial
Aruna was planning to get married to a medic in the hospital.[2]
On the night of 27 November 1973, Shanbaug was sexually assaulted by Sohanlal Bhartha Walmiki, a sweeper on contract at the King Edward Memorial Hospital.[3] Walmiki was motivated partly by resentment for being ordered about and castigated by Shanbaug.[4][5] Walmiki attacked her while she was changing clothes in the hospital basement. He choked her with a dog chain and sodomized her. The asphyxiation cut off oxygen supply to her brain, resulting in brain stem contusion injury and cervical cord injury apart from leaving her cortically blind.[6]
The police case was registered as a case of robbery and attempted murder on account of the concealment of anal rape by the doctors under the instructions of the Dean of KEM, Dr. Deshpande, perhaps to avoid the social rejection of the victim,[7] and her impending marriage.[2]
Walmiki was caught and convicted, and served two concurrent seven-year sentences for assault and robbery, neither for rape or sexual molestation, nor for the "unnatural sexual offence" (which could have got him a ten-year sentence by itself).

Nurses' strike

Following the attack, nurses in Mumbai went on strike demanding improved conditions for Shanbaug and better working conditions for themselves.[5] In the 1980s the BMC made two attempts to move Shanbaug outside the KEM Hospital to free the bed she has been occupying for seven years. KEM nurses launched a protest, and the BMC abandoned the plan.[8]

Supreme Court case

Since the assault in 1973, she has been in a vegetative state.
On December 17, 2010, Supreme Court while admitting the plea to end the life made by activist-journalist Pinki Virani, sought a report on Shanbaug's medical condition from the hospital in Mumbai and the government of Maharashtra.[9][10] On 24 January 2011, the Supreme Court of India responded to the plea for euthanasia filed by Aruna's friend journalist Pinki Virani, by setting up a medical panel to examine her.[11] The three-member medical committee subsequently set up under the Supreme Court's directive, checked upon Aruna and concluded that she met "most of the criteria of being in a permanent vegetative state".[12]
However, it turned down the mercy killing petition on 7 March 2011. The court, in its landmark judgement, however allowed passive euthanasia in India.
While rejecting Pinki Virani's plea for Aruna Shanbaug's euthanasia, the court laid out guidelines for passive euthanasia. According to these guidelines, passive euthanasia involves the withdrawing of treatment or food that would allow the patient to live.[13][14]

Response

Following the Supreme Court judgment rejecting the plea, her colleagues, the nursing staff at the hospital, who had opposed the petition, and who had been looking after her since she had lapsed into coma, distributed sweets and cut a cake to celebrate what they termed her "rebirth". A senior nurse at the hospital later said, "We have to tend to her just like a small child at home. She only keeps aging like any of us, does not create any problems for us. We take turns looking after her and we love to care for her. How can anybody think of taking her life," [2]
Pinki Virani’s lawyer, Shubhangi Tulli ruled out filing an appeal stating "the two-judge ruling was final till the SC decided to constitute a larger bench to re-examine the issue". Pinki Virani herself stated, "Because of this woman who has never received justice, no other person in a similar position will have to suffer for more than three and a half-decades."[15]

In popular culture

A non-fiction book titled Aruna's Story has been written by Pinki Virani about the case in 1998, while Duttakumar Desai wrote the Marathi play, Katha Arunachi in 1994–95 and was performed at the college level, subsequently it was staged under director Vinay Apte in 2002.[16][17]

Kiliroor sex scandal

In the infamous 2003 Kiliroor sex scandal, a teenaged girl named Sari S. Nair, hailing from Kiliroor, Kottayam, Kerala, India was sexually abused by reportedly being promised roles in TV serials. She was taken to many places in and around Kerala and was allegedly exploited sexually by "influential persons".
Sari later died after she gave birth to a daughter who is now being raised by her parents
According to official sources, the request to the Centre was based on a suggestion by Kerala Police DGP P K Hormis Tharakan that the probe be handed over to CBI in view of the political nature of the case and the reported involvement of prominent persons.
Six persons, including the key accused Latha Nair who allegedly took the girl to many places, had already been arrested in the case, now being probed by a special police team.
Kerala government has recommended to the Centre to order a CBI inquiry into the scandal.[1] The CBI filed chargesheet against nine persons in the sensational case before the Chief Judicial Magistrate, Ernakulam. [2]
5 accused are plead guiltily for rape of Shari Nair [3]

Suryanelli rape case

The Suryanelli rape case concerns a 16-year-old girl who was sexually harassed and assaulted continuously for 40 days by 42 men in 1996. The girl from Suryanelli in Idukki district of Kerala in India was transported from place to place across Kerala. The accused included some well-known and well-placed individuals.
The girl was enticed, threatened, abducted and sexually exploited by a bus conductor on January 16, 1996. Subsequently, she was transferred to the custody of two other persons, one of whom was a woman and another an advocate. The duo presented her to several men, including prominent persons, in various places in Kerala. Terrorised, shocked and ill, she was on February 26 asked by her captors to go home. They gave her a small amount of money and threatened her with dire consequences if she told anyone about what had happened.
In 1999, under public pressure, the government set up the State's first-ever Special Court to try a case of sexual assault. A serious inquiry conducted by a team led by Inspector-General of Police Sibi Mathew bringing the culprits to book.
On September 6, 2000, the Special Court sentenced 35 persons to rigorous imprisonment for varying terms. The first accused, conductor Raju, and second accused, Usha, were sentenced to 13 years of rigorous imprisonment with fine and an additional jail term of four years on different counts. Four of the accused were let off. Two others, including the key accused, advocate S.S. Dharmarajan, were absconding during the first phase of the trial.
On 20 January 2005, the Kerala High Court acquitted the 35 convicted earlier and found Dharmarajan guilty only of crimes related to the sex trade (procuring and selling a minor for purposes of prostitution). Accordingly, his sentence was reduced to five years and fines amounting to Rs. 50,000.
On Feb 6 2012 the police arrested the Suryanelli case victim in connection with an alleged financial irregularity case. The case pertains to the charge that the victim had engaged in multiple financial irregularities worth Rs 2,26,000 while working in the Sales Tax Department, Changanassery in 2010. The irregularities had surfaced during auditing, after which she was placed under suspension. Later she was given a 'punishment' transfer to Kottayam where she is now employed. She was produced before a court in Changanassery which remanded her in judicial custody. It has been alleged that as her case is coming up for hearing in the Supreme court, vested elements have set her up.

2009 Shopian rape and murder case

  Shopian rape and murder case refers to the alleged abduction, gang rape and murder of two young women in mysterious circumstances on the intervening night of May 29 and 30, 2009 at Bongam, Shopian district of Jammu and Kashmir, India.[1]
There were violent protests against the incident, with protesters accusing CRPF personnel of raping and murdering Neelofar Jan (22) and Asiya Jan (17).[2] They also accused the State government and the Jammu and Kashmir Police of hiding facts. Amidst public outcry, the state government, on 3 June 2009, appointed a commission headed by Justice Muzaffar Ahmad Jan to investigate the case. The panel submitted a 400-page report to the government, in which it called for more investigation into the role of security forces personnel, but suggested that the killings were most likely the result of a family feud that was misrepresented by the media.[3][4][5]
On 12 August 2009, Jammu and Kashmir Government decided to hand over the case to the CBI.[6] In September 2009, the forensic scientists found during autopsy that one of the two victims was a virgin, thereby ruling out the possibility of a rape.[7] The investigators accused the protesters of falsifying and fabricating evidence in order to discredit the Indian security forces; the countercharges were rejected by the dead women's relatives and the protesters as a cover-up.[8]

Victims
Neelofar Jan, age 22, wife of Shakeel Ahmed Ahangar and mother of two-year-old son, Suzzane. She was two months pregnant at the time of her death. Aasiya Jan, age 17, daughter of Abdul Gani Ajangar. She had secured distinction in her matriculation exams in previous year and was pre-medical student of New Greenland Higher Senior Secondary School in Alialpora, Shopian. Neelofar was Aasiya’s sister-in-law and both were resident of Bongam in Shopian.

[edit] Post Mortem and related controversies

[edit] Brother's Statement

Asiya’s brother, Zahoor Ahmad, who lifted the bodies, said Neelofar’s body had been kept in water near a boulder about 50 feet away and her body bore scratches on the right side. Her neck had visible strangulation marks and her clothes had been torn. The body of Aasiya was located in a stream flowing near Arahama shrine. She had a deep wound on her forehead and scratches on the right side of her face. He said she had no undergarments and he put his own shirt over her body. The family members of the victims as well as Police SHO Shafiq Ahmad confirmed that the bodies were having ‘nail scratches’ and ‘bruises’.[9]

[edit] Post-Mortem by All India Institute of Medical Sciences Team

The CBI on Sept 28, 2009 exhumed the bodies of the two Shopian women who were allegedly raped and murdered in mysterious circumstances around four months ago — a case which the agency took after the Special Investigation Team of the state police failed to identify the culprits.
The bodies were exhumed and examined in presence of three executive magistrates and family members of Neelofar and Asiya. The bodies were examined by a team of doctors from the All India Institute of Medical Sciences(AIIMS), headed by Dr T D Dogra in the presence of eye witnesses. The team had been specially flown in to the Valley on Sunday. The team took 23 samples — 15 from Asiya Jan and eight from Neelofar Jan. The future course of the case hinges on the reports of the forensic examination of these samples which, a doctor at the spot said, might “take a while to come”.[10]
“The doctors took samples from lungs, uterus, bone, hair, etc. These samples will go through different tests and the results may take almost a month to come,” said Dr Ghulam Qadir Khan who was present with the AIIMS team as a representative from Majlis Mushawarat, a small group of town’s elders, striving for justice in the case. Khan said the tests would establish whether the rape had occurred or not. “The entire process was completed in a transparent manner,” he added.
The AIIMS postmortem report contradicted the previous report by the Shopian and Pulwama team in crucial areas. The AIIMS team did not find any injury on Neelofar Jan body where as Pulwama team claimed to have found injury marks on her body. The Pulwama team also claimed that Asiya was sexually assaulted and vagina torn in rags.The AIIMS team Asiya's hymen was found intact. Pulwama team also claimed that Asiya's nasal bridge was fractured but CBI showed to postmortem witnesses that no bone was fractured. So far no one questioned the accuracy or transparency of AIIMS postmortem report.[10]
Times of India reported that Jammu and Kashmir government charged the team of doctors of Pulwama and Shopian who conducted the autopsy with fabricating and fudging evidence.[11]
The CBI on Monday booked 13 people — including six doctors — for destroying evidence and creating disturbances in the state by claiming that the women were raped and murdered by security personnel.

[edit] FIR not filed by police

On 30 May 2009, police launched inquest case of disappearance and accidental death under section 174 CrPc. However, no FIR was registered by police regarding the rape. Omar Abdullah, the unionist Chief Minister of the state claimed that the prima facie evidence confirms neither rape nor the murder of the duo,[12] however, the family members describing this as baseless and fabricated version of police and claimed that the bodies of the victims had injuries and bruises and one of the bodies was naked while the trousers of other were open. Besides, the testimony of the lady doctor also confirms that the victims were "gang raped" and then murdered.[9]

[edit] Bar files Public Interest Litigation

In this regard a Public Interest Litigation (PIL) was filed by Bar Association of Kashmir and sought registration of FIR under CrPC 376 (gang rape) and 302 (murder) of two women in Shopian on 31 May. While admitting the PIL, the division bench comprising Chief Justice Barin Ghosh and Justice Hakim Imtiyaz Hussain issued a notice on 5 June 2009 to the state government directing it to file its reply within a short period of time, and also directed Chief Secretary S K Kapur, DGP Kuldip Khoda, SSP Shopian Javed Iqbal and SHO Shopian Shafiq Ahmad to present a detailed report before the division bench on June 29. Advocate G N Shaheen, Advocate M Abdullah Pandit, Advocate R A Joo and Advocate B A Sidiq argued on behalf of the Bar Association. The PIL also pleaded that the High Court should monitor the investigations in the case on the daily basis.[13]

[edit] Probe Ordered

While on 31 May 2009, Chief Minister of Jammu & Kashmir, Omar Abdullah, appointed Justice (retired) Muzaffar Jan to carry out the probe and complete the inquiry in one month’s time. The Superintendent of Police, Dr Haseeb Mughal and The Chief Prosecuting Officer, Abdul Majid Dar will assist in the probe, headed by Justice(retired) Muzaffar Jan. The report would be subsequently tabled in the state assembly to make it public.[14] The notification issued in this regard by the Home Department, said that the Commission shall:
  • ascertain whether there had been any foul play in their death and, if so, identify the person/persons responsible.
  • perform all other functions necessary for holding of inquiry and submit its report within one month from the date of the notification.
  • ascertain whether there was any failure on the part of any government department in the conduct of any investigation or handling of the post-incident situation.
  • The Commission, appointed in exercise of powers conferred by Section 3 of the J&K Commission of Inquiry Act, shall recommend action as deemed necessary against the person/persons involved/responsible and suggest action as may be necessary to ensure non-repetition of such incidents.
The government has further directed that the provisions of sub-section 2, 3, 4, 5 and 6 of Section 5 of Commission of Inquiry Act shall be applicable to the Commission.

[edit] Timeline on Probe and Police findings and fact finding Committee

DateDetails
6 June 2009Justice(retired) Muzaffar Jan, established his office in Circuit House Shopian and starts its functioning.[15] The Shopian Bar Association formed a six-member ‘fact finding committee’ which included Advocate S M Iqbal, Advocate Ajaz Hussain, Advocate Ghulam Hassan Dar, Advocate Sheikh Mubarak and Advocate A M Mir and headed by Advocate M.Y. Bhat.[15]
The Forensic Science Lab report has confirmed gang rape of the duo. Reports will be presented to the authorities on Sunday, 7 June 2009.
7 June 2009Police registered a case under section 376 of Ranbir Penal Code after Forensic Sciences Laboratory (FSL) report confirming rape on two women. The case was registered under FIR no 112/2009 in Police Station Shopian.[16]
8 June 2009The director general of police, Kuldeep Khoda ordered constitution of a 3-member special investigation team consisting of Shah-Din Malik, SP Incharge commandant IRP 5th battalion as Incharge, Mushtaq Ahmad Shah, deputy superintendent of police, Awantipora, and Najeeb Hussain Nahvi senior prosecuting officer of Crime Branch Kashmir as its members, for expeditious investigation of the case. This team would investigate the case under the supervision of DIG south Kashmir Range.[17] Commission ordered police to handover a complete report about the duty schedule and leave schedule of the policemen stationed in various pickets around the place wherefrom the two women disappeared on May 29 besides commission along with his team also visited both the spots from where police recovered the bodies.[18]
9 June 2009CoI summoned all the doctors of both the teams who conducted post-mortem of the victims and recorded their statements in detail.[19] Health officials submitted their report to DGP. Reports ruled out death of the victims due to drowning or consuming poison.The report said unmarried girl Asiya died due to violent sexual assaults. The assaults were so violent that she sustained severe multiple injuries, resulting in bleeding of various body parts and subsequent death while Neelofar died of neurogenic shock.[20][21]
The High Court Bar Association probing the matter independently released its fact finding report which concluded that the duo were abducted, gang raped and murdered rather were raped even after the murder. Their report demanded police to file case under sections 363, 366, 376, 120B of RPC for kidnap of a minor, abduction of a major, rape, murder and conspiracy respectively. It even mentioned that the SP had forced the doctors to change statements and that the SP of Shopian, concerned SHO, Shafeeq Ahmed, doctors of the hospital, Shopian, Dr Hilal, Dr Nazir and Dr Bilquees, all are guilty of failure of duties and destruction of proof.
10 June 2009Police filed FIR against murder of the duo too, under 302 Ranbir Penal Code.[22]
12 June 2009Former SP Javed Iqbal Mattoo admitted his failure of duties in front of the commission led by Justice(retired) Muzaffar Jan, who seized his sim card. The SP said received a call from Station House Officer at 5:30 am on 30 May 2009 for recovery of body of Neelofar Jan and instead of reaching the crime site, he was busy exercising at his residence and to add on, he didn't appoint any guards at the crime site for recovery of any evidence or links to culprits. He further mentioned that there were distinct marks of violence and injuries on the bodies of victims but still no FIR was filled against it.
13 June 2009The inquiry commission led by Justice(retired) Muzaffar Jan questioned and recorded statements of the Deputy Inspector General, Rakesh Kumar, former Deputy Commissioner, M R Thakur and lady doctor, Dr Bilquees who assisted first post mortem.
14 June 2009The commission with Justice(retired) Muzaffar Jan as its head, questioned The Head of the Forensic Medicine Department, Dr Fareeda Noor, the Head of the Legal Cell of the Forensic Medicine department, Javed Iqbal Hafiz, and Shakeel Ahmad, Mushtaq Ahmad and Suhail Ahmad. The commission accused The Legal Cell head, Javed Iqbal Hafiz for delay in sending FSL report of victims, to Shopian police, which he received on 2 June 2009 but kept it undisclosed for five days. The commission further mentioned FSL report, which confirms rape, as UNSETTLED and INDEFINITE to prove the cause death of the victims. Dr Fareeda Noor mentioned that cause of death could have easily identified if samples from vital organs like heart, spleen, brain were obtained at the time of post mortem. Hence, commission might order exhumation of the victims bodies to establish justified cause of death of the duo.
17 June 2009The Commission Of Enquiry and Special Investigating Team on, questioned 4 Special Operations Group's officials and asked a woman police officer and an expert from forensic medicine from Srinagar to assist them in further progress.
21 June 2009The inquiry commission led by Justice (retired) Muzaffar Jan on, submitted a 300 pages Interim Report to Chief Minister Of Jammu and Kashmir, Omar Abdullah confirming rape and murder of the two victims. The report further stated negligence of civil administration, police and doctors in mishandling the case leading to destruction of vital evidences related to the case.
22 June 2009The government, on basis of Interim Report of Commission Of Inquiry suspended the former Superintendent of Police, Javaid Iqbal Mattoo, the Deputy Superintendent of Police, Rohit Baskotra, the former Station House Officer, Inspector Shafiq Ahmad, the Sub-Inspector, Gazi Abdul Karim, and the Legal Cell Head, Forensic Science Laboratory, Javaid Iqbal Hafiz for their alleged negligence in handling the incident.[23][24][25]
23 June 2009The Jammu and Kashmir High Court Bar Association who was probing the matter independently on submitted its report to the High Court and hearing for same is announced on 29 June 2009 by the court.
25 June 2009Dr Bilal Ahmed and Dr Nighat Shaheen were placed under suspension failure to follow due procedure during autopsy. However, Dr. Nighat claims that she was only called as an expert to conduct the gynaecological examination on the victims while she was suspended for negligence in conduct of autopsy, which she was never asked to do. She alleged that she was victimized for telling the truth.[26]
30 June 2009Deadline for submission of final inquiry report extended for another 10 days on the request of Commission. Report to be submitted on July 10. Special Investigation Team(SIT) of police submitted the status report along with its objections over two petitions before Chief Judicial Magistrate Shopian for the two separate petitions related to the case. One petition was filed by Shakeel Ahmad, the brother of Asiya and husband of Neelofar, in which he had prayed that the four police officers of FSL indicted by the Jan Commission and later placed under suspension by the government for destroying evidences be made accused in the rape and murder case. The court had asked the government to file objections on June 30. In another petition filed by the Shopian Bar Association, CJM was urged to monitor the investigations and ask the SIT to present the status report and case dairy in the court. The petition had also sought brain mapping of those whose names the SIT after investigation had involved in the case. Bar Association in its petition wanted registration of a murder case, presenting of a report of investigations into court, appointing of a special investigation by the court and monitoring of investigations by the court. It had also urged the High Court that directions be given to the state government not to allow police, SOG, CRPF and army personnel in Shopian to move out of station from their camps while the investigations were in progress.[27]
12 August 2009The alleged tampering of DNA test reports in the Shopian case rocked the Jammu and Kashmir assembly with opposition and ruling party members insisting on a debate on the issue, leading to suspension of the question hour.[28]

[edit] Rejection of probe

The High Court Bar Association on 1 June 2009, rejected the probe ordered by the government demanding a sitting Judge of High Court or Chief Justice to carry out the probe instead of a retired Justice, Muzaffar Jan. While, senior sovereigntist leader Syed Ali Shah Geelani demanded Amnesty International to probe the incident and also urged the High Court Bar Association to probe the matter at their own level so that the people could know the truth. However, the Advocate General of Jammu and Kashmir, Muhammad Ishaq Qadri commented that the Commission of Inquiry headed by a sitting or a retired judge does not make any difference regarding the legality of its findings, which are recommendatory in nature in both the cases. Unionist leader of the opposition in the assembly and the PDP president, Mahbooba Mufti, also rejected the government’s inquiry commission into the case, and called upon the prime minister, Dr. Manmohan Singh, to review the performance of the state’s ruling coalition personally as according to her, it had failed to extent of not registering an FIR of rape and murder in the case.[29]

[edit] Protests, arrests and curfew

As soon as the news about the incident spread in the Kashmir valley spontaneous protests started. These protests were followed by the strike call by the sovereigntist–secessionist leaders. Demands for justice, self-determination and removal of the Indian forces started. As soon as the protests started police and Indian armed forces in order to halt the protests batten charged the protesters and fired repeated tear gas canisters. Hundreds of people were injured and one person died due to an injury caused by a tear gas shell. From May 30 to July 13 there were around 854–897 civilian injuries due to police action and one death. Around 60 armed personnel were also injured. Many pro-freedom leaders were put under house arrest or jailed. Below is the time line of the protests and the retaliatory force used by the pro-India/unionist administration.
The Bongam residents in Shopian commence indefinite sit-in. They assembled in 2 tents at the Main Chowk in Shopian to protest against government inaction, demanding immediate punishment of culprits. The Dukhtran-e-Millat called for EIDGAH CHALO peaceful march on 7 June 2009 for women to protest against the incident and continuing atrocities on women by police and troops.
DateDetails
30 May 2009As soon as the news about the incident spread in the area, the entire area was rocked by spontaneous protests. Hundreds of people, including a large number of women, took to streets shouting anti-India and pro-freedom slogans. Police used tear gas and batons to disperse them, who retaliated by pelting stones.[30][31]
31 May 2009Heavy protest was seen throughout Jammu & Kashmir. Police lobbed scores of tear gas shells and cane charged to quell the protesters injuring more than 40 persons.[32]
1 June 2009Hurriyat Conference (G), chairman, Syed Ali Geelani called for strike and peaceful protest against the incident. A complete shutdown was observed throughout Jammu and Kashmir with all government offices, shops, schools, banks remained closed. Protest was observed in Anantnag, Baramulla, Budgam, Bandipora, Kupwara, Ganderbal, Pulwama, Shopian and Kulgam.[33][34][35] Protestors restored to stone pelting after police and Paramilitary Troops fired tear gas shells to disperse the crowd injuring over more than two dozen people.[36][37] In Shopian, house of the Local legislator was damaged by mobs. Hurriyat Conference (G), chairman, Syed Ali Geelani renewed the strike call for next two days.[33][34][37]
2 June 2009A complete shutdown and protest was seen throughout Jammu and Kashmir in response to the Hurriyat chairman, Syed Ali Geelani’s extended strike call.
4 June 2009The complete valley was shut down with heavy protest against the incident. In Srinagar, 80 people including 8 police men were injured. The S.P. of Police, city South. Irshad Ahmed and 4 police men were injured and a CRPF bunker belonging to 157 Battalion was set on fire when group of youths pelted stone on the police party in Batmaloo, Srinagar. Protest also marred polling in Hazratbal Assembly Constituency.[38] During protest in Bemina area, 2 persons were severely injured. One received bullet injury in his abdomen while another received rubber bullet injury in his leg. They were shifted to the SKIMS medical college in Bemina. In Islamabad, a complete shutdown and huge protest march was seen, led by Mirwaiz Islamabad, Qazi Yasir. Several persons including paramilitary personnel were injured. Protest was observed in Kulgam, Sopur, Varmul and Kupwara leading to several injured including troopers. Hurriyat Conference (G), chairman, Syed Ali Geelani called for an indefinite strike till start of demilitarization process, a minute before he was arrested.
5 June 2009Shops, Businesses, Schools, Government offices and Banks remained closed across the Kashmir for 5th consecutive day in response to strike call by Separatists to protest alleged rape and murder of 2 women from Shopian. The Hurriyat Conference(G) Chairman, Syed Ali Geelani renewed the strike till Sunday, when a comprehensive program will be delivered for further action. He has been authorised by the Majlis Shoura, the highest decision making body of the amalgam.[39]
The Hurriyat Conference(G) Chairman, Syed Ali Geelani, called for "SHOPHIAN CHALO"(peaceful march towards Shopian) on Monday, 8 June 2009 to sympathize with victim's family and to press for punishment against accused and even announced strike end from Tuesday, 9 June 2009 onwards.
7 June 2009The seventh day of continued shutdown and protest throughout Kashmir valley leading to 40 civilians and 6 police men injured.[40]
8 June 2009The 8-day-long shutdown in entire Kashmir valley was revamped but strict protests were observed throughout. The Hurriyat Conference(G) asked male students, female students and employees to hold peaceful protest within their campuses on Tuesday, Wednesday and Thursday respectively followed by PHULWAMA MARCH on Friday. "SHOPHIAN CHALO" (peaceful march towards Shopian) announced by The Hurriyat Conference(G) Chairman, Syed Ali Geelani was foiled by police and troops by exhaling curfew like situation in all the parts of the valley. The processions carried out by Muslim Khawateen Markaz led by Zamrooda Habib in Srinagar, by JKLF activities led by Abdul Rashid in Kupwara were stopped by using extensive forces.
The Shopian district saw heavy injuries caused by police and CRPF troops against peaceful protests. 5 people named Zahoor Ahmad of Chakura, Ashiq Ahmad Ganai, Shawkar Ahmad and Jalal-ud-din Bhat, from Baskuchan, and Fazlul Mateen of Handew were critically injured as police broke out firing at Sofan Namam of Shopian district. Four persons identified as Javed Ahmad Bhat, Imtiaz Ahmad Bhat, Shakeel Ahmad Ganai and Shahnawaz Ahmad from Keegam were severely injured in tear smoke shelling at Rang Kadal in Shopian. A person, Riyaz Ahmad, sustained heavy injuries due to beating by the troopers.[41]
11 June 2009The employees of all government and semi government offices like schools, colleges, universities, civil secretariat took part in protest call by the Hurriyat Conference(G). The processions by EJAC led by its president, Abdul Qayoom Wani, by JKLF led by its vice chairman, Bashar Ahmad Bhat and by Bar Association were seen. The employees of SK Agriculture Science and Technology and doctors and employees of Government Medical college also participated. The members of Kashmir University Teachers and Ministerial Staff Associations also demonstrated a sit in protest wit in the campus of Kashmir University. Shopian, Phulwama, Kulgam and Islamabad saw complete shutdown.
13 June 2009The lawyers througtout the Kashmir valley protested against the incident. In Srinagar, the High Court Bar Association took out procession at Lal Chowk and was joined by students of Amira Kadal Higher Secondary school where as students of SSM Engineering college staged a sit in protest within the campus.
In Shopian, members of Bar Association with its president, Advocate Mian Qayoom and Shopian Bar Association president, M Y Bhat joined by residents protested demanding investigation of incident by impartial agency like The UN or The Amnesty International.
In Phulwama, members of District Bar Association with its president, Advocate Gul Mohammad marched to office of Deputy Commissioner with memorandum demanding completion of probe in short span of time with full transparency and loyalty.
The members of Bar Association in Islamabad wit its president, Fayaz Ahmad, in Handwara wit Muhammad Abdullah too protested and demanded quick punishment for the culprits.
14 June 2009The residents of Shopian district formed a committee called Majlis-i-Mushawarat composed of traders, religious scholars, fruit growers, lawyers with its president as Abdul Rashid Dalal, a retired government official and vice president and spokesman as Muhammad Shafi Khan. They announced indefinite strike till the culprits responsible of incident are not punished and demanded removal of army camps from Bongam and adjoining areas. They even formed Receiving and Distributing Committee headed by local auqaf, Nazir Ahmad Khan which will distribute commodities to needy and will compensate for the daily wagers in the district to sustain indefinite strike call. While protests continued leading to injury of civilians and a police constable, Subhash Chander of 17 BN CRPF at Batapora. In Srinagar, heavy protest was observed in areas like Rajouri Kadal, Kawdara, Safa Kadal and Gowjara which was dismantled by police with ruthless force injuring 12 persons. An auto-driver, Nisar Ahmad Mir of Gojwara was detained and heavily beaten by police which later released him and was admitted to hospital.
The Hurriyat Conference(G) announced coming weeks plan to protest against the incident. Its mentioned that the various trade unions and federations of the Valley will protest peacefully on Monday followed by transporters including the members of minibus and auto driver associations on Tuesday and on Wednesday, Zamrooda Habib and Fareeda Behanji will lead the demonstration of women in Lal Chowk while Thursday will see peaceful protest against detention of pro freedom leaders. On Friday, it has asked people to march towards Varmul gather at Masjid Baitul Mukaram from where protest will be held after Zuhr prayers.
15 June 2009On the call of The Hurriyat Conference(G), traders in most of the major towns of Kashmir staged protest demanding identification and tough punishment of culprits. In Srinagar, members of Kashmir Traders and Manufacturers Federation with its president Muhammad Sadiq Baqal and numbers of shopkeepers and traders participated the call where in Varmul, members of Beopar Mandal protested with its president, Anayatullah Balroo and General Secretary, Bashir Ahmad. The Trader's Federation in Shopian, Islamabad, Kulgam, Ganderbal also demonstrated rallies against the brutal incident. In Sopur too, traders protested and marched towards the office of the Sub-District Magistrate handing him a memo against the incident. The activists of Jammu Kashmir Salvation Movement also staged a protest demonstration at the Press Enclave demanding punishment of guilty.
The Shopian district saw shutdown for 17th day whereas peaceful protests continued. A resident named Suhail Ahmad Malik, son of Muhammad Ashraf Malik was dragged from his house and beaten badly by police and the victim already had fractured foot.
18 June 2009As a part of the Hurriyat Conference(G)'s strike program, in Srinagar, old city area, protests were held demanding release of pro freedom leaders including Syed Shah Geelani whereas sit in demonstrations were seen at Lal Chowk by JKLF activists and at Abi Guzar by activists of Hurriyat(G) where police detained 12 of its activists. A similar protests were observed at Varmul, Islamabad and Sopur whereas Shopian district remained closed with women, men and children protesting against the incident.
19 June 2009The Varmul March call of the Hurriyat Conference(G) was crushed by police and paramilitary forces by sealing all the roads to varmul with curfew like situation. A complete shutdown was seen throughout Kashmir due to restrictions by police.[42] In Srinagar, at Nowhatta Chowk, youths protested by pelting stones after police used gruesome force against their peaceful protest leading to injuring of 20 people and 3 journalists in which one was UNI photojournalist and other 2 were working with local channels as video journalists.[43] Islamabad, Kulgam, Phulwama, Bijbehara and Ganderbal also saw protests by civilians against the incident.
The Shopian remained all closed down. People were not allowed to offer Friday prayers at Jamia Masjid In Varmul also severe clash between troop and protesters were seen injuring 14 people and 6 police men.
20 June 2009The strike was observed with complete shutdown of valley as per the Hurriyat Conference(G)'s call. Shops, banks, government offices, business, school, all were closed with no public transport on the roads. The police and troops didn't allow any vehicle to head towards Srinagar from other parts of Kashmir due to visit of Vice President of India, Mohammad Hamid Ansari, who visited to attend the annual convocation of the Kashmir University.[44] The strike at Shopian entered its 22nd day with continuous protests. The police and CRPF troops quelled peaceful protests with tear gas shelling and rubber bullets firing injuring 12 people including six women out of which one woman named Razia, daughter of Abdul Rasheed was severely injured and was admitted to SKIMs [45]
The Hurriyat Conference(G) announced coming week's protest program mentioning no strike. It asked doctors and para medical staffs to demonstrate peaceful protest on Monday, with students on Tuesday followed by government employees on Wednesday and Thursday would be turn of journalists of print and television media, with banks and public sector employees on Saturday. All were requested to wear black bands as a sign of Human Rights violation in Kashmir whereas on Friday, it asked all the Imams throughout Kashmir to pay funeral prayers for the victims followed by general peaceful protest.
21 June 2009The protests were seen at Srinagar's Sarafkadal area after CRPF troops ransacked a local place of worship and many residential houses. Police and troops used tear gas shells and batons to disperse the crowd who retaliated by pelting stones and blocking Nallahmar road by burning tyres. All this led to injury of 12 people. The Shopian district continued their peaceful protest demanding immediate identification and punishment of culprits involved in the incident whereas a two-day curfew was lifted too with no paramilitary forces in district.
22 JUNE 2009In Srinagar, the doctors and paramedical staffs on the Hurriyat's protest program call, protested against the incident demanding immediate justice. The sit in protests were too demonstrated in various city hospitals including SKIMS and at district headquarters at Phulwama, Islamabad, Kupwara, Varmul and Kulgam whereas in Shopian, strike and protests continued for identification and punishment of the culprits.
23 JUNE 2009On the Hurriyat's call, teachers throughout the Kashmir valley protested demanding punishment for culprits responsible for the incident. The largest protest was seen at Press Colony, Srinagar by the teachers. The Jammu Kashmir Freedom League's activists also protested at Lal Chowk, Srinagar followed by a march towards United Nations office to submit a memorandum about human rights violations in the valley but police prevented them.[46] In Shopian, Majlis-i-Mushawarat committee formed by local people, announced a deadline as 29 June 2009 for the government to produce the culprits.
24 June 2009The Hurriyat Conference(M) chairman, Mirwaiz Umar Farooq visited Shopian to consolidate the family of deceased immediately as he was released from house arrest of 23 days. He assured full support on behalf of pro freedom leaders and people of Kashmir to Shopian strike program while addressing at Jamia Masjid there.
25 June 2009The Shopian Bar Association demonstrated a sit in protest outside the office of the DC, Shopian, Abdul Majid Khanday and presented him a memo too. The journalists throughout out Kashmir staged peaceful protest over the incident as per the hurriyat's strike program.
===Curfew===
On 31 May 2009,Undeclared curfew was imposed in Shopian district.[47] On 1 June 2009, in old city, section 144 crpc was imposed to maintain law and order. Police imposed restrictions on the movement of people.[33]
The District Magistrate, Varmul on 18 June 2009 declared section 144 of J&K CrPC within the towns of Varmul, Sopur and on Highway from Pattan to Varmul to Gantamulla, Sangram to Sopur, Sopur to Ladoora, and Varmul to Watergam from 19 June 2009, 5 am onwards in response to Hurriyat Conference's call of Varmul March.
30 May 2009Hurriyat leaders Syed Ali Geelani, Mirwaz Umar Farooq, Yasin Malik, Shabir Shah were kept under house arrest to lead any agitations.[37]
1 June 2009The Chairperson of Dukhtaran-e Millat, Asiya Andrabi along with 19 activists was arrested by police from Pulwama district.
2 June 2009PDP President, Mehbooba Mufti with 13 legislators were arrested after they took out a march against the incident. They all were released late in the evening. The Acting Director General of Police, Dr Ashok Bhan said “They were taken into protective custody”. The High Court bar Association’s, President, Mian Abdul Qayoom was put under house arrest who was supposed to visit Shopian. The Muslim Khawateen Markaz Chairperson, Zamrooda habib with her activists were arrested at Lal Chowk for staging anti-government demonstration.
3 June 2009Several Peoples Democratic Party (PDP) activists including Advocate Tasaduk Hussain, son of MLA, Bijbehera, Abdul Rehman were detained after they tried to carry out the protest demonstration at Lal Chowk in Islamabad township and Awami National Conference (ANC) district President, Bashir Ahmad Pahalwan was also detained. The Police arrested Hurriyat Conference (G) chairman, Syed Ali Shah Geelani, from his residence at Hyderpora and was released at mid night from Humhama Police Station.[39] The Hurriyat Conference (M) leader and president of the Democratic Freedom Party Shabbir Ahmad Shah and The JKLF (R) chairman, Muhammad Salim Nanji were arrested and sent to Central Jail, Srinagar.
4 June 2009In Phulwama, police arrested 9 members of The Kashmir High Court Bar Association who were on the way to Shopian. It includes General Secretary Ghulam Nabi Shaheen, Vice President Muhammad Abdullah Pandit, Senior members Rafiq Ahmad Joo, Mufti Me’raj-ud-din Farooqi, Manzoor Ahmad Dar, Muhammad Ashraf Bhat, Bashir Ahmad Sidiq, Intikhab Younis Parray and Muhammad Ashraf Khanyari. The Deputy Commissioner of Shopian, M.R. Thakur was replaced by A.M.Khanday, Deputy Commissioner, Ganderdal, due to failure in discharge of his duties and in dealing the situation.
5 June 2009The JKLF Chairman, Yasin Malik with his few supporters, were detained by police while they were leading the protest against the incident after Friday prayers.[48] The Hurriyat Conference(M), Chairman, Mirwaiz Umar Farooq was kept under house arrest and even prevented to offer Friday prayers. Other Separatist Leaders like Shabir Ahmad Shah, Nayeem Khan, GN Hubbi and many more remained under house arrest. The Muslim Khawteen Markaz's Fareeda Behanji was arrested too. The Hurriyat Conference (G) chairman, Syed Ali Shah Geelani, too, remained under house arrest where all his telephone lines and power supply was snapped.
6 June 2009The Hurriyat Conference(M), Chairman, Mirwaiz Umar Farooq, The Hurriyat Conference (G) chairman, Syed Ali Shah Geelani, The JKLF Chairman, Yasin Malik and about a dozen other separatist leaders remained under house arrest in the Kashmir Valley. The chief of the Democratic Freedom Party (DFP) Shabir Ahmad Shah and more than 70 other senior and second rank leaders also remained under detention in different jails and police stations.[39]
10 June 2009The SP of Shopian, Javed Iqbal Mattoo was transferred to Ramban and Shahid Mehraj who was holding Deputy Commandant IRP, 12 replaced his position. This action was taken due to delay by him, in filing FIR against the incident.[49]
14 June 2009The Hurriyat Conference(M), Chairman, Mirwaiz Umar Farooq and The JKLF Chairman, Yasin Malik remained under house arrest for 15th consecutive day while The Hurriyat Conference (G) chairman, Syed Ali Shah Geelani remained under detention for 9th consecutive day. Where as following pro freedom leaders, Shabir Ahmed Shah, Nayeem Ahmed Khan, Muhammad Salim Nanaji, and Asiya Andrabi were booked under Public Safety Act against holding protest against incident.
17 June 2009The All Parties Hurriyet Conference leader, Yasmeen Raja, was kept under house arrest to prevent any participation in protests against the incident while police detained Fareeda Bahenji of The Jammu Kashmir Mass Movement while protesting in Srinagar.

Junko Furunto Case

Junko Furuta (古田 順子 Furuta Junko) was a 17-year-old Japanese high school girl who was murdered in the late 1980's. Her murder case, Concrete-encased high school girl murder case (女子高生コンクリート詰め殺人事件, Joshikōsei konkurīto-zume satsujin-jiken?), was named as such due to the state of her discovered body: in a concrete drum filled with over 50 gallons of cement
Crime
On November 25, 1988, four boys, including a 17-year-old whose personal name was Jō and would be later given the surname Kamisaku,[1] abducted and held Furuta, a third-year high school student from Misato, Saitama Prefecture, for 44 days. They kept her captive in the house owned by the parents of Kamisaku, in the Ayase district of Adachi, Tokyo.[2]
On January 5, the killers hid her corpse in a 55-gallon drum filled with concrete; the perpetrators disposed the drum in a tract of reclaimed land in Kōtō, Tokyo.[3]
Arrest and punishment
The boys were arrested and tried as adults; but, because of Japanese handling of crimes committed by juveniles, their identities were concealed by the court. However, the magazine Shūkan Bunshun reported their real names, claiming that "human rights aren't needed for brutes".[citation needed]
For his participation in the crime, Kamisaku served eight years in a juvenile prison before he was released, in August 1999. In July 2004, he was arrested for assaulting an acquaintance, whom he believed to be luring a girlfriend away from him, and allegedly bragged about his earlier infamy.[1] Kamisaku was sentenced to seven years in prison for the beating.
Junko's parents were dismayed by the sentences received by their daughter's killers, and enjoined a civil suit against the parents of the boy in whose home the crimes were committed. When some of the convictions were overturned on the basis of problematic physical evidence (the semen and pubic hair recovered from the body did not match those of the boys who were arrested), the lawyer handling the civil suit decided there was no case to be made and refused to represent them further.
In July 1990 a lower court sentenced the leader to seventeen years in prison. The court sentenced one accomplice to a four- to six-year term, one accomplice to a three- to four-year term, and another accomplice to an indefinite five- to ten-year term. The leader and the first two of the three appealed their rulings. The higher court gave more severe sentences to the three appealing parties. The presiding judge, Ryūji Yanase, said that the court did so because of the nature of the crime, the effect on the victim's family, and the effects of the crime on society. The leader received a twenty-year sentence, the second highest possible sentence after life imprisonment. Of the two appealing accomplices, the one that originally got four to six years, received a five- to nine-year term. The other accomplice had his sentence upgraded to a five- to seven-year term.[3]
Effect
The case drew nationwide attention towards the sentencing and rehabilitation of youthful offenders, especially in the context of youths charged as adults, and became a media sensation.
At least three Japanese-language books have been written about the incident.[4]
In popular culture
An exploitation film, Joshikōsei konkurīto-zume satsujin-jiken 女子高生コンクリート詰め殺人事件, Concrete-Encased High School Girl Murder Case), was made about the incident by Katsuya Matsumura in 1995. Yujin Kitagawa (later a member of the music duo Yuzu) played the role of principal culprit.[5][6]
Another film, Concrete (コンクリート, aka Schoolgirl in Cement, 2004), was based on one of the books written about the incident.
In 2006, the Japanese rock/metal band the Gazette released a song on their album Nil titled "Taion" ("Body Temperature") that is a tribute to the girl.[citation needed]
Seiji Fujii wrote novel about the case 17-sai which turned manga Youji Kamata contrary to what had really happened, the novel shows a happy ending for the girl, who's still alive and her kidnappers are sentenced to jail for many years.

JUNKO FURUNTO

TimeLine of Damini of 2012

December 16, 2012: The young paramedic student is raped and beaten up by six men in a moving private bus and thrown out of it after 30 minutes of torture along with her male friend. They are admitted to Delhi's Safdarjung Hospital the same night.
December 17, 2012: Police indentify four men who raped and assaulted the girl. Victim's full extent of internal injuries determined by doctors.

December 18, 2012:
Nation outraged by the brutal gangrape while the incident shakes up Parliament with Leader of the Opposition Sushma Swaraj demanding death penalty for rapists.
Protests carried out by students of the Jawaharlal Nehru University on the Ring Road near the Munirka signal against the gangrape. A total of four accused arrested, including bus driver and main accused Ram Singh, search on for two others.

December 19, 2012:
Doctors at Safdarjung Hospital treating the victim announce she is communicating through writing messages but still not out of danger. Permit of the bus cancelled by the Transport Department.

December 20, 2012: Students from Jawaharlal Nehru University, Delhi University and Jamia Milia demonstrated outside Delhi Chief Minister Sheila Dikshit's residence against the government's failure to curb the rising number of such crimes against women. The eyewitness and male friend of the victim gives statement.

December 21, 2012: Safdarjung doctors say the victim is stable, but still critical. She is taken off the ventilator. Her male friend identifies one of the accused, Mukesh, during the test identification parade at Tihar jail. Police conducts raids in Haryana and Bihar, nab one more accused.

December 22, 2012: Protests against the gangrape pick up with nation wide outrage on the incident. Thousands gather at India Gate, as victim remains critical. Victim gives statement to the sub-divisional magistrate.

December 23, 2012: Protests against the Delhi gangrape turn violent. Protesters defy prohibitory orders of the government, face police's water cannons and tear gas shells. Constable Subhash Tomar of Delhi Police seriously injured during clashes at India Gate. The young victim's heath remains serious with bouts of vomiting, although she was communicating and conscious. She also suffered internal bleeding.

December 24, 2012: Prime Minister Manmohan Singh makes statement regarding the gangrape and the following protests. Appeals for calm and assures stringent measures for women in the country. Two gangrape accused brought before a Delhi court say they committed a horrible crime and "deserved to be hanged".

December 25, 2012:
Doctors treating the victim say she is responding to the treatment despite being critical. Constable Subhash Tomar succumbs to injuries sustained during December 23 protests at India Gate.
Platelet count and liver function of the gangrape victim improves. She gives her statement again to metropolitan magistrate after CM Dikshit complains to Home Minister Sushil Kumar Shinde that senior police officials "interfered" in the process. However, the victim's health deteriorates the same night.

December 26, 2012: Protests against the gangrape continue at Jantar Mantar. Constable Tomar cremated with full state honours. Victim shifted to Singapore's Mount Elizabeth Hospital in a sudden move after her condition deteriorates and she suffers cardiac arrest.

December 27, 2012: The victim remains critical in the ICU of Mount Elizabeth Hospital. 3,000 security personnel, from Delhi Police and para-military forces, man Delhi roads to stop any violent demonstration.

December 28, 2012: Congress party chief Sonia Gandhi demands speedy justice in the case. Doctors at Mount Elizabeth say the victim's condition worsened with signs of multiple organ failure. She gets infection in the lungs and abdomen as well as an injury to the brain.

December 29, 2012: The victim succumbs to massive internal injuries after battling with them for over 12 days. She died at 2:15 am Indian Standard Time on December 29.
LONG LIVE THE DAMINI in the HEARTS OF INDIANs