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Social Audit of Extra-ordinary Laws

Questionnaire
Accused Details:
Name *:

Gender *: Male Female


Religion:

Islam Hindu Buddhism Other


Caste: Upper Middle Lower Caste: General SC ST Converted? Details:
OBC Yes/No
Mention Caste & Sub-caste: Mention Caste & Sub-caste: If converted,
When?

Sect: Sunni Shia Ahmediyya

Sunni: Organisational
Affiliations: Barelvi Jamiat
Ulamae Hind Tablighi Jamaat
Jamiat Ahle Hadith Jamaate
Islami Hind SIMI PFI Other:
Sunni Maslak: Hanafi Hanbali
Shafi Maliki Salafi
Shia: Ismaili Jafri Zaidi
Photo *
Phone *:
Email ID
Resident Address *
Date of Birth

Dead / Alive

If dead: Date of Death:……………………………….. Cause of Death: Encounter Custodial Death Other


Profession:

Private Sector Public Sector

If Private Sector: Employee Self Employed

Agriculture Arts Construction Consumer Goods Corporate Services Education Finance High Tech

Labor Legal Manufacturing Media Medical and Health Care Organizations& Non-profit Recreation, Travel&

Entertainment Service Industry Transportation Other


Details of Job:

Economic Class: Upper Class Middle Class Poor Class


Present Financial and Social Condition of the accused’s family:

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Social Audit of Extra-ordinary Laws

Video Byte of accused if acquitted:

1. Case Title*:

2. Nature of Case *
A. “Islamic Terrorism”: domestic origin

B. “Islamic Terrorism”: Foreign Origin

C. “Left Wing Extremism”

D: Sedition Case (Only IPC 121-125)

i) Terrorist Attack Case

ii) Conspiracy Case

iii) Seizure Case

iv) Affiliations to Banned Organization

v) Encounter Case

3. Reference Numbers:
FIR NO. *
POLICE STATION *
DATE OF I NCIDENT *
SESSIONS C ASE N O.
SPECIAL C OURT N O.
CBI C ASE FIR NO.
CBI C ASE N O.
4. Charges: *
UAPA
IPC
ARMS ACT
E XPLOSIVE SUBSTANCE ACT (ESA)
O FFICIAL SECRETS ACT (OSA)
FOREIGN
CONTRIBUTION R EGULATION
ACT (FCRA)
PREVENTION OF
MONEY L AUNDERING
ACT (PMLA)
FOREIGN E XCHANGE
MANAGEMENT ACT (FEMA)
MCOCA
GUJCOCA
KCOCA
O THER

5. CASE STATUS:

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Social Audit of Extra-ordinary Laws
A. INVESTIGATION PENDING B. UNDER TRIAL C. TRIAL COMPLETE
A. DETAILS OF INVESTIGATION PENDING :

B. IF UNDER TRAIL , W HETHER BAIL SOUGHT ? Yes No

Bail Granted Bail Rejected


Highlights of bail application (Scanned copy necessary)*:

Highlights of bail judgment (Scanned copy necessary) *:

Name of the Judge:

C. If trial complete: Acquitted Convicted


JUDGEMENT HIGHLIGHTS *(Scanned Pages Required):

NAME OF THE JUDGE


STATUS OF APPEAL:

APPEAL IN HIGH COURT APPEAL IN SUPREME COURT

Appeal Pending Accepted Rejected


HIGHLIGHTS OFJUDGEMENT ON APPEAL (Scanned Pages Required):

Name of the Judge:


6. INVESTIGATION AGENCY
Which date to which Investigation Officers Public Prosecutors
date (each)?:

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Social Audit of Extra-ordinary Laws
State Police

State Special Police

NIA

CBI

Other

7. OTHER DETAILS OF ACCUSED


Other cases:
Date of Arrest?
Alleged role?

Lawyer’s name and contact details (Phone


no., address, email id) *:
Expense Incurred for the case?
Legal aid provided by which organization?
8. ARREST DETAILS *
A. Allegedly Abducted Before Arrest
 Recorded date of arrest:
 Alleged date of abduction:
 Evidence of abduction:

 Was a missing person report filed? Yes No


 Where was he kept during illegal detention?
 Other details of illegal detention:
 Details of arrest:

B. Allegedly Repeated Harassment Before Formal Arrest

 Continuous enquiry by police officers at residents/office

 Continuously called to police station for questioning

 Blackmail/Humiliate/Threaten accused or family members

C. Formal Arrest

Arrest Procedure:

1. Did the Police wear uniform & name tag at the time of arrest? Yes No

2. Was there any arrest warrant ? Yes No

3. Was arrest memo prepated & signed by a witness ? Yes No

4. Was anyone informed of the arrest ? Yes No

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Social Audit of Extra-ordinary Laws
5. Was the detainee informed of his right to be informed of the arrest ? Yes No
6. Was the arrest registered in the station diary - with the relative's name & name of the police responsible for arrest? Yes

No

7. Was the arrestee provided with a signed inspector memo after body check for any injuries? Yes No

8. Was the arrestee subjected to medical examination every 48 hrs of detention, by an approved doctor? Yes No

9. Were the copies of all documents including arrest memo sent to magistrate? Yes No

10. Was the arrestee allowed to meet his lawyer during interrogation? Yes No

11. Was the arrest informed to all police control rooms and also displayed on the station notice board ? Yes No

12. Was the arrestee subjected to a public display/parading? Yes No

9. TORTURE *
Sleep Deprivation Water Boarding Isolation Religious Humiliation Sexual Humiliation Kept naked

Threatened to harm relatives Electrocution Beaten Fracture Enclosed in tiny spaces Exposure to Extreme

Temperatures Empty Stomach Injecting chemicals Lock Positions

Other Details of Torture


Name & Profile of Torturing Officer
10. PROSECUTION STORY:

Organizational affiliations alleged to the incident?

Evidence of organizational affiliation?

Motive of the Attack:

Evidence of motive of the attack?

Brief Prosecution Story (Scanned pages of the relevant page of charge sheet or judgment)

11. PROSECUTION EVIDENCE *


A. RECOVERIES / SEIZURES -

Was there recoveries?: Yes No

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Social Audit of Extra-ordinary Laws
What were the Seizures?
Photo:

Were the seizures sealed? Yes No

Was there delay in depositing the seizures in the court? Yes No

Was there panchnama witness for the search (U/S 100(4) of CrPC)? Yes No

Were the seizures tampered according to defense? Yes No

Were the recoveries produced during trial? Yes No


In what form were the
recoveries produced
during the trail?

Were the recoveries planted according to defense? Yes No

Did the Judge appraise it to the level of evidence? Yes No


Defense arguments on recoveries:

B. WITNESSES

Were there prosecution witnesses? Yes No


Name of witness:

Fake witness as per defense? Yes No


Defense Arguments on witness / Details of cross
examination.
(Scanned copies of defense submissions)

C. Scientific / Surveillance Evidence

Was there surveillance evidence? Yes No


Evidence Details

Defense Argument on the evidence

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Social Audit of Extra-ordinary Laws

D. Confessional Statement

Was there confessional statement? Yes No

Given to magistrate (U/s 164 of CrPC)? Yes No


Details:
Whether retracted? Yes No

Defense argument on Confessional Statement?


E. Informer/Approver/Instigator

Were there I/A/I? Yes No


Name
Role
Statement
Details if retracted
Other details if any
12. DEFENSE CASE *
Highlights of Defense Arguments: (Scanned copy of concerned pages of defense submissions)

Defense witnesses:
Name Statement

Highlights of cross examination:

Video Byte of Defense Advocate: Youtube URL


13. ROZNAMA / ORDER SHEET OF JUDGE
Highlights of Roznama:

14. MEDIA REPORTS


Did any media conduct an independent investigation on the matter? Yes No
If yes, Details of media investigation with concerned video link url / scanned copies of printed paper if any:
 --

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Social Audit of Extra-ordinary Laws
 --
 --
Contact Details of the investigating journalist:

Did the charge sheet tally with media reports? Yes No


If no, baseless media allegation with url / Scanned copy Charge sheet allegations:
if printed version:

15. OTHER FACTS


If acquitted, how did the case fall apart? Or if under trial, Key Issues which raises doubts on the prosecution story? *

Whether fact-finding done by civil society groups? Yes No


Paste the fact finding report here (if printed version – scanned copy):

Contact Details of the Fact Finding Team:


Factor Analysis *
The incident created political benefit to:

The incident created financial benefit to:

The incident diverted attention from:

P.S.

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Social Audit of Extra-ordinary Laws
Signature of Intern:

Name & Phone No.: