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Subject: [India Thinkers Net] Kerala updates from CHRO - April10, 2005



[1]

The Hindu, April 09, 2005, Saturday

Custodial death: policemen likely to be suspended

By Our Staff Reporter

KOLLAM, APRIL 8. Policemen attached to the Crime Squad of Kollam East police station and an Additional Sub-Inspector who was in charge of the police station on Wednesday are likely to be suspended in connection with the custodial death of Rajendran at the station that day.

Police sources said that the higher authorities were waiting to receive the autopsy report formally and then effect the disciplinary action. The autopsy report has already been prepared at the Thiruvananthapuram Medical College Hospital and is expected to reach the Revenue Divisional Officer in Kollam on Saturday.

On Wednesday afternoon, the Kollam East Police had taken Rajendran, 37, into custody on charges of theft from a private hospital here. After 6 p.m. while in the custody of the police, his health deteriorated and by 6.30 p.m. he was declared dead on arrival at the District Hospital here.

As per information available on the contents of the autopsy report, Rajendran had collapsed and died as a result serious internal injuries suffered on account of assault.

The police have registered a case under Section 174 of the Criminal Procedure Code as death caused under suspicious circumstances.

While it is on record that Rajendran had been taken into custody, his statement had not been recorded. There is also nothing on record to hold the claim that he had either been assaulted before being taken into police custody or that his health condition was bad or critical.

As per the general diary entry at the police station, the Additional Sub-Inspector in charge of the station at that time had granted permission to two constables attached to the Crime Squad to take Rajendran outside the police station for "interrogation and investigation." The Sub-Inspector then left the station to attend to security in connection with the visit of the Assembly Speaker to the city.

The police station records show that Rajendran was moved from the station at 2.15 p.m. and brought back one-and-a-half hours later in a bad shape. Investigations conducted so far show that while Rajendran was in a healthy condition when brought to the police station on Wednesday afternoon, within a matter of hours, he had collapsed owing to internal bleeding and injuries, as a result of which he had to be rushed in a police jeep to the hospital where he was declared dead.

http://www.hindu.com/2005/04/09/stories/2005040911830300.htm
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[2]


New Indian Express, April 09, 2005, Saturday

Sexual harassment: Women's panel registers case

THIRUVANANTHAPURAM: The State Women's Commission has suo motu registered a case on the alleged sexual harassment of a Sri Lankan woman by two officials of the Narcotics Control Bureau (NCB) while in custody.

Commission chairperson M.Kamalam visited the woman at the Central Prison here on Friday and took her statement. The woman deposed before the Commission that she was sexually harassed by the NCB officials.

The police on Friday took the statement of some NCB officials in connection with the case.

Museum Circle Inspector Varghese, who is investigating the case, said that a preliminary medical report of the Forensic Department of the Medical College Hospital here had confirmed that there were marks of harassment on her body. He said that the final report of the examination was yet to be received.

http://www.newindpress.com/NewsItems.asp?ID=IER20050408115000&Page=R&Title=Kerala&Topic=0&
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The Hindu, April 09, 2005, Saturday

Women's panel visits Sri Lankan woman in jail

By Our Staff Reporter

THIRUVANANTHAPURAM, APRIL 8. The Women's Commission chairperson, M. Kamalam, on Friday visited the Sri Lankan refugee, Santhi, at the Central Prison here.

The 40-year-old woman had complained of sexual harassment at the hands of Narcotic Control Bureau (NCB) officials after she was arrested in connection with the seizure of 9.5 kg of heroin on April 1.

Ms. Kamalam told The Hindu that Santhi had told her that she was harassed by two officials at the NCB office at Poojappura at around 11 p.m. on April 2. Santhi told the commission that the woman police constable escorting her was not at the NCB office at the time of the alleged incident. The constable had reportedly gone home on the evening of April 2 and was replaced by another woman constable only the next morning.

Santhi told the commission that the two officials summoned her to a room. Santhi said that she was sexually assaulted by the officials in the room. One of the officials spoke fluent Tamil. The commission recorded her statement. Further action would be taken in the case after seeking the opinion of the other members.

Doctors' statement

The forensic doctors who examined Santhi on Thursday at the Central Prison have told the police that the wounds on her body were between three and seven days old.

The investigators are yet to get the detailed medical examination report.

The woman constable who was with Santhi at the NCB office on April 2 has been questioned. The police were also trying to find out whether any persons, including lawyers, met Santhi at the Central Prison.

The police are also investigating the Sri Lankan national, Subash Chandra Bose, who was arrested along with Santhi. He was questioned in connection with the destruction of a substantial portion of 9.5 kg of heroin seized by the NCB.

http://www.hindu.com/2005/04/09/stories/2005040917910300.htm
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[3]

1) New Indian Express, April 09, 2005, Saturday

Return Kovalam Palace to M Far Hotels: HC to govt

KOCHI: A Division Bench of the Kerala High Court on Friday ordered forthwith return of Kovalam Palace (Halcyon Castle) and the adjoining land to M Far Hotels Ltd, Kochi, from whom the District Collector, Thiruvananthapuram, had taken possession of the property on the strength of an executive order issued by the Government on September 25 2004.

Allowing the writ appeals filed by M Far Hotels Ltd, and Kovalam Hotels Ltd, Kochi, the court directed the Government to pay Rs 10,000 to the petitioners as cost of litigation.

The Bench, consisting of Acting Chief Justice K.S.Radhakrishnan and Justice Siri Jagan, said M Far Hotels Ltd, the present owners of Ashoka Beach Resorts, Kovalam, had been in legal possession of the property and therefore they could be dispossessed only through a process known to law and not through an executive fiat.

???Under our jurisprudence, even an unauthorised occupant can be evicted only in a manner authorised by law.???

The court, however, clarified that this judgment would not stand in the way of the Government to proceed through known procedures of law (civil action).

The State Government had showed undue haste to dispossess the petitioners, the court said. The Government was carried away by the pressures exerted from various quarters to undo what even according to the Government was ???permissive possession??? of the petitioners.

M Far Hotels Ltd, admittedly was not a trespasser, but came into possession through a process known to law by participating in a global tender in which the petitioner made the highest offer, which was accepted.

The Central Govt and the ITDC stated that they had parted with the palace and appurtenant property to M Far Hotels as part of its disinvestment policy. Possession of the property was, therefore, with the Union of India and the ITDC for over three decades and the hotel was being conducted in Kovalam Palace for several years without any complaint from any quarters. The haste shown by the State Govt to dispossess the petitioner, that too on a Saturday, was undemocratic.

The GO cannot stand in the eye of law. So also is the notice issued by the District Collector, Thiruvananthapuram, pursuant to the Government Order. The Bench directed the Govt and its revenue officials to put M Far Hotels back in possession of the palace and adjoining lands.

http://www.newindpress.com/NewsItems.asp?ID=IER20050409005918&Page=R&Title=Kerala&Topic=0&
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2) The Hindu, April 09, 2005, Saturday

Custodial battle over palace buildings

By Our Staff Reporter

THIRUVANANTHAPURAM, APRIL 8. A prolonged legal battle between the royal family of erstwhile Travancore and the Kerala State Road Transport Corporation (KSRTC) over possession of three palace buildings threatens to undermine the efforts of the Government to preserve the rich architectural heritage in the Fort area of the city.

The ownership tussle spilled out of the courtrooms on Friday, with the KSRTC being accused of trying to bypass a court verdict and gain possession of two acres of prime land in which the buildings are located.

The Sri Padmanabhaswamy Temple Trust under the ruling family of erstwhile Travancore alleged here on Friday that the KSRTC management was trying to circumvent a 1993 Supreme Court order directing it to vacate the premises.

At a press conference at the Pattom palace, the trust administrator, Parameswaran Nair, said the KSRTC management had launched a covert move to acquire the land and the buildings. The trust has moved the High Court to stay the acquisition.

Protected monuments

The three mansions caught in the custodial battle include the Nityachelavu bungalow, the Roadside building and the Rengavilasam palace.

Located in the Fort heritage zone, all the three were notified as protected monuments in 2003.

According to the trust, the palace had handed over the buildings to the KSRTC in 1965 under a short-term agreement. The KSRTC, however, failed to honour its commitment to return the buildings after the construction of the multi-storey Transport Bhavan.

After a long legal battle, the Supreme Court issued a verdict ordering the KSRTC to vacate the premises before August 3, 1994. The management responded by initiating acquisition proceedings. Mr. Nair said successive Governments had turned a deaf ear to pleas by the trust to resolve the issue.

Accusing the KSRTC of poor maintenance, he said the management had failed to maintain the heritage value of the buildings. "They have altered the structures, replaced the original materials and even damaged some of the buildings," he said.

Mr. Nair said the trust was banking on the Government to mediate and work out a settlement. "We have plans to convert the buildings into a pilgrim centre with cheap accommodation facilities," he added.

http://www.hindu.com/2005/04/09/stories/2005040917890300.htm
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3) New Indian Express, April 09, 2005, Saturday

KSRTC accused of illegally occupying Rangavilasom Palace

THIRUVANANTHAPURAM: The debate regarding the conservation of heritage buildings, especially palaces, has once again come into focus with the Sree Padmanabha Swami Temple Trust and the Travancore royal family launching a scathing attack on the KSRTC for illegally occupying the Rangavilasom Palace at East Fort here despite a Supreme Court order to vacate the premises.

Sree Padmanabha Swami Temple Trust administrator Parameswaran Nair told a news conference at the Pattom Palace here on Friday that the controversial land was handed over to the KSRTC in 1965 on a temporary rental arrangement.

???The land comprising the Nityachilavu building, the roadside building and the Rangavilasom Palace was rented out to the KSRTC on a request from the then minister M.N.Govindan Nair.

The minister had promised that the government would vacate once its own building was completed,??? he said.

When repeated pleas to the successive governments to evict the tenants turned futile, the temple trust launched a series of litigations. Finally, the Supreme Court passed an order asking the KSRTC to vacate the premises before August 31, 1994.

The acquisition attempts made by the KSRTC, allegedly to circumvent the Supreme Court order, were also stayed by the High Court.

The trust administrator also alleged that the architectural beauty of the Rangavilasom Palace had been affected by the unauthorised repair work carried out by the KSRTC.

KSRTC chairman and managing director K.P.Somarajan said that he was not aware of any controversy over the Rangavilasom Palace.

http://www.newindpress.com/NewsItems.asp?ID=IER20050409004835&Page=R&Title=Kerala&Topic=0&
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[4]


The Hindu, April 09, 2005, Saturday

Coca-Cola to hold talks with people, panchayat

PALAKKAD, APRIL 8. Hindustan Coca-Cola Beverages Private Limited will hold discussions with the panchayat and local community before taking a decision on reopening the company in the wake of the Kerala High Court order allowing it to draw five lakh litres of ground water daily.

The company spokesman, Vikas Kochar, told The Hindu that the company would take the next step only after holding discussions with the people of the area and studying the High Court judgment in detail.

To move apex court

Meanwhile, the president of the Perumatty grama panchayat, A. Krishnan, said that the panchayat would move the Supreme Court against the High Court order. He said that fighting a case was a big financial burden for the panchayat, which has only meagre resources. The panchayat would, therefore, seek the help of other organisations to move the Supreme Court.

The Janata Dal secretary general, K. Krishnakutty, said that his party would help the tribals and the local community, who are spearheading the agitation.

He said that the High Court order had taken away the right of the panchayat to issue licence. This right of the local self-government was conferred through the 73rd Amendment of the Constitution. So both the Central and State Governments should go in for appeal against the High Court order to restore the right given to the panchayats under the Panchayat Raj system.

The panchayats were given the right over their natural resources like groundwater. But the High Court order has nullified this right of the panchayat. Hence in the interest of protecting the rights of the panchayats, the Governments should challenge the verdict, Mr. Krishnankutty said.

The Coca-Cola Virudha Samara Samithy leader, Velayodi Venugopal, said that they would intensify the agitation and prevent the company from functioning.

He wanted the State Government and the Perumatty panchayat to go in for appeal against the High Court order.

The Plachimada Solidarity Committee convener, R. Ajayan, said that a meeting of various organisations supporting the agitation would be convened soon to chalk out the next course of action.

Demonstration held

The tribals and Dalit community members who are spearheading the agitation in front of the factory at Plachimada took out a demonstration today urging the Government and the panchayat to challenge the High Court order. In Palakkad town, the activists of the Solidarity Youth Movement took out a march urging the judiciary to reconsider the verdict.

http://www.hindu.com/2005/04/09/stories/2005040904830700.htm
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CHRO...Kerala














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