Wednesday, April 16, 2014

An application to protect my individual liberty and human rights

   I am Pradhumnaman Shrestha and am 46 years old. I am a resident of Siddharthanagar Municipality Ward No. 6, Rupandehi district. An armed policeman with a walkie talkie (two-way radio) in his hand came to my house at around 7 am on March 21, 2014 and ordered me to follow him to the District Police Office.  "DSP Dipak Neupane wants you to appear before him. You need to go to the District Police Office with me," the policeman told me. Then I demanded to show me the arrest warrant. This infuriated him and he pointed his gun at me. He forced me to go with him to the DPO. The police used foul language against me. Upon reaching the DPO, the he took me to the chamber of DSP Neupane. Neupane then started intimidating me. "Pay off the loan that you took from Mina Basnet or sign a document saying you have taken a loan from her," the DSP said. He said if I refused to comply him, he would frame me in a drug case the next day. DSP Neupane said if I was indicted in a drug case, I would be detained for up to 90 days and would be tortured in the detention centre. Following this I was put in a detention centre for two hours before I was brought again to the DSP for questioning.  During questioning, DSP Neupane made me lie down on a bench and ordered a policeman standing there to beat me with a black plastic pipe in my feet. The policeman, however, did not beat me and he went out of the room. It was then DSP Neupane closed the door of the room and shut the windows. He then slapped me in the right side of my face. "If you do not pay off (Mina Basnet's) loan, I will hire an Indian killer and will get you killed," DSP Neupane shouted. He repeatedly grilled me that day and inflicted physical and mental torture on me. At 8 pm the same day, DSP Neupane called my brother Laxman Shrestha and told me to bring my cheque book. He said if I did not return with my cheque book, he would detain my brother. He told me to issue a cheque by putting March 29, as the cheque issuing date. I complied the DSP and gave a cheque of Rs 6, 00000 to him. After that the police made us sign a register there. I was released after my brother was made to sign the register saying he would ensure my appearance before the DPO if and when required. 
        I had filed a lawsuit against Mina Basnet for making me sign a loan deed under duress. As Mina Basnet filed a case against me at the DPO for a case that I have filed at the District Court, Rupandehi which is sub judice there and as DSP Neupane inflicted physical and mental torture on me, I have filed a writ of prohibition at Rupandehi District Court seeking court's intervention to prevent the defendents particularly the DPO from arresting me. The case no is 070-WO-0016. Bench of District Judge Kamalraj Bishta issued an interim order on March 30, against the defendents in the case. I fear that DSP Neupane could still try to arrest me defying the court order and have therefore sought your help against the police. I, therefore, urge you to do the needful to protect my individual liberty and human rights.
I am submitting herewith the following documents.
1. A copy of my citizenship certificate
2. A copy of court date document issued by the District Court, Rupandehi in the case that I have filed against Mina Basnet
3. A copy of interim order that the District Court, Rupandehi issued on March 30, against the defendents including Rupandehi DPO.
The details mentioned herein are correct to the best of my knowledge.


Applicant
Pradhumnaman  Shrestha
Date: April 1, 2014

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