Will Ramu Mishra get justice?

It's the final countdown for 24 year old Ramu Mishra who had allegedly suffered serious injuries and was rendered a invalid with 100 percent paralysis striking him when he was allegedly shot at by Kuldeep Sachan, Ram Babu Gupta and Sarvesh Srivastava on October 23, 2006 in Kanpur. Read more

For four long years Ramu and his family have lived a life of misery having faced corruption, police brutality, medical negligence and even the judgment meted out to their case by a lower court in Kanpur didn't do justice to them.

Today on his death bed at a hospital in Kanpur, his family after months of pleading for help and justice from the Government of Uttar Pradesh (UP) and the UP Governor RL Joshi, have now been brought to a stage where they have to watch their son die a painful death with both his kidneys having failed.

This family has not only faced injustice on every front but have also been denied justice by whomsoever they approached.

Ramu Case is testimony to a shameful end to one family’s heart rending efforts to save their son and not being able to simply because the State of UP has no sympathies with those stricken by tragedy such as theirs.

While Ramu lies waiting his last moment in the hospital his family can do nothing to save his life as they have lost every penny fighting for justice. And today can't afford to pay for the operation that will save his life.

What is even worse is that not a single funding agency both government or non-government has come forward to offer financial aid for the life saving operation of their son.

Though the case has been handled by Saaksham Foundation, the organization has faced disappointment on all levels when they tried to contact a number of funding agencies to support Ramu Mishra financially so that he can have the kidney operation that he needs urgently.

Ironically when the Sanjay Gandhi Post Graduate Institute of Medical Sciences (SGPGIMS) relief fund for the poor was approached they too were not able to help saying it is on the discretion of the panel members to decide who to release medical aid for.

While Ramu Mishra would be needing a substantial amount for his operation SGPGI Relief is not in a position to release beyond a few thousand of rupees and that too when an appeal is made, a strange condition to set before a person who is virtually on his death bed.

The request to waive of the treatment cost in this case too was not considered.

Basanti Devi, Ramu Mishra's mother is distraught, "We have lost all faith in the judiciary, police in UP, the government and even the medical fraternity only because we have seen how facts are distorted only to cover up the truth. In our case even the treating doctor who was presented before the court to testify against the accused who shot my son was an impostor. The real doctor was replaced by someone who was claimed to be the treating doctor. I kept shouting in court that he is not the real doctor but no one listened to me. Even the government counsel who we approached for free legal aid demanding Rs 11000 to take up our case, when I told him that government lawyers do not charge a fee from the clients he lost his temper and said we should fight our own case then. But now all is lost as the son for whom I was fighting is breathing his last and I can't do anything but watch in sheer desperation."

With similar story with every funding agency, there is no alternative in sight for the unfortunate boy. We would thus request an appeal be made calling for public support in this matter through media agencies.

Brief Background: Ramu Mishra's unfortunate tale began when he was reportedly shot at in front of his mother's eyes but instead of arresting the accused who were alleged to be Samajwadi Party workers the police released them within five minutes of the FIR being lodged in 2006.

On July 31, 2009 when Ramu lost the case in the lower courts in Kanpur Rural he and his family gave up all hope and decided to seek justice from the Governor of the state of Uttar Pradesh, RL Joshi. They came with a written application and reached the Governor house Lucknow on 1st August 2009.

But instead of being given a hearing the family was allegedly brutally beaten by police personnel of the Hazratganj thana and forcibly driven out of Lucknow. With police threatening to kill his younger brother in a false encounter if the family tried to appeal again to the UP Governor.

The matter was presented before the UP State Legal Services Authority in Lucknow on 12 August 2009 by Saaksham Foundation who had been approached by Ramu Mishra's family after they faced severe police brutality when they approached the Uttar Pradesh Governor with a petition seeking justice.

Saaksham Foundation, had argued then that the abuse of power in giving out judgments and enforcing the law is becoming increasingly common in Uttar Pradesh which is not a very heartening situation.

It also demanded immediate action against those guilty of such incidences who must be identified and punished immediately. Following which UP SLSA's decision to support Ramu Mishra's case came as a very encouraging decision then.

An application was then moved on 12 August 2009 by Saaksham Foundation on behalf of Ramu Mishra before the then Member Secretary UP State Legal Services Authority, Sudhir Saxena, who went through the facts of the case.

After going through the judgment copy as well UP State Legal Services Authority’s support of the decision of Ramu Mishra to appeal for the revision of judgment at the Allahabad High Court.

Following which the thana staff at Bhoglipur Kotwali continued to tamper with facts in the FIR and also threatened Ramu Mishra, a bed ridden invalid to stop asking for a re-trial.

The family had faced similar harrassment when they filed a case in the lower courts in Kanpur but lost the case on 31 July 2009 after judgment was given in favor of the accused following tampering of evidence and presentation false medical reports.

As per promise made by UPSLSA then, “UP State Legal Services Authority will not only facilitate the filing of the appeal for revision of the Judgment in this case but it will also provide Ramu Mishra completely free legal aid including lawyers who will fight this case totally free of cost. Justice will be done and the guilty punished if the findings of the Allahabad High court reveal so.”

But today months later no decision has come on the case and Ramu may die without receiving justice that was promised to him. And now on his death bed he has no hope of seeing justice done as his chanced of survival are bleak owing to paucity of funds for his life saving operation.

Thus Saaksham Foundation on behalf of Ramu Mishra and his family would request the media fraternity in Lucknow to write about this injsutice done to them. We would also request an appeal to be made to the public through your publication to offer some support to this family so that their son can have one last chance at survival.

Anjali Singh
(The author is a Special Correspondent to Citizen News Service (CNS) and also the Director of Saaksham Foundation. Email: anjali@citizen-news.org, website: www.citizen-news.org )

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1 comment:

  1. Don't we have vigilantes in our country?