to you all
from
Yours sincerely,
Parhald Aggarwal,
b58/149 guru nanak pura laxmi nagar
delhi 110092 india
phone
9312950178
E mail parhlad_aggarwal@yahoo.co.in
http://justicefornithari.blogspot.com
To
Hon’ble mayawati jee
Chief Minister
Uttar Pradesh state
India
Hon’ble Chief Minister,
Subject: - Nithari Killings: comman man Children Majority Victims
I am writing to express my extreme shock to the incident of serial Killings of children in Nithari village.
According to my information the perpetrators Mohinder and Surender were well aware of the background of the locals that most of them are comman mans and they suffer for hand to mouth. Taking advantage of this vulnerable factor, Surender used to bring the children alluring them with some toffee, food or other attractions including job for the adolescents. Once victims entered in bungalow (D-5, Sector –31), the perpetrators sexually assaulted victims and strangulated them to death.
According to information I have received, during the last 2 years, dozens of children were reportedly missing and majority of them belong to SC/ST Community of other States and most of the victim parents have gone back to their states loosing their children in Noida. None of the authorities including the Police Officials and District Magistrate and City Magistrate seem to have taken any action to register a case and investigate the same, when the missing of the children was reported to them. Even now the cases for only 17 Children’s are made out and the rest are still to be traced.
Nithari residents are aggrieved not only by the accused but also by the lethargic approach of the Police and the General Administration.
I urged you to help and ensure that comman man in your states are safe and able to lead their lives with basic human dignity.
Specifically, in this case please ensure:
* The government should declare that whole incident is a clear case of an Atrocity against comman man .
* The Government should declare that the Police and the Administration were not in lethargic attitude and no action was initiated since the Complaints were from comman man Parents, who are poor, marginalized and do not have any political liverage to influence them to register the case.
* The Terms of Reference of the CBI enquiry constituted by the Government should clearly spell out that this case is one of the worst atrocities committed on comman man .
* National Human Rights Commission, which is mandated for the Protection and Promotion of Human Rights, should strongly condemn this gross and inhuman violation committed by the perpetrators, Police and Administration and initiate its own investigation in the region to bring the Accused and the Officials to the books.
* The Prime accused Moninder Singh and Surender Koli should be booked under Section 3(1) (xii) and 3(2)(v) of the SC/ST (POA) ACT 1989 as they were having the prior knowledge of the caste of the victims i.e, they are Dalits.
* The Police officials suspended, Dismissed or Transferred for the dereliction of their duty, should be booked under section 4 of the SC/ST (POA) ACT 1989 for their willful negligence and dereliction of Duty.
* The SP and the District Collector did not take adequate measures to protect the victims, despite their complaints against the Perpetrators on several occasions. The SP and the District Collector should be booked under sec 4 of the SC/ST (POA) Act 1989 and also for the insensitive attitude of not having visited the Place of occurrence even after 8 days of the occurrence of this offence which is mandatory as per Rule 6 of SC/ST (POA) Rules 1995 .
* The Departmental Enquiry on these Police Officials should be speeded up and suspended officials should be dismissed from Service .
* A through inquiry is to be set up to find out the possibilities of whether there is any Organ Trade is flourishing. If found out, then the persons involved in the Organ Trade should be immediately arrested and booked under law.
* The Police officials and other Persons who have been abetting and committing this crime should also be booked and arrested.
* The property of the Accused should be attached.
* Nithari Village should be declared as Atrocity Prone area as per SC/ST (POA) Rules 1995 as most of the victims are from Dalit Community.
* The Government should appoint Special Prosecutor to conduct this case.
* Government should allow the Victims to engage Senior Advocate of their choice in this case as per Sub Sec (v) of Sec 4 of the SC/ST (POA) Rules1995.
* Government should trace out the comman man Parents who have lost their children in india and left for their own State and register Cases on missing of their children as well and investigate to render justice to the victims.
* Adopt or amend legislation as necessary to abolish all forms of violence against comman man children and also to ensure effective enforcement of such legislation.
* Investigate similar instances of violence against Dalit children and take appropriate action against those perpetrators and also the Police and Officials who are not performing their duty.
* Enact a comprehensive legislation for ensuring justice to Children as laid down in the Constitution, the UN Child Rights Convention and the Convention against Torture.
* Criminal Procedure Code and SC/ST (POA) ACT 1989 be amended, with provisions for protecting the rights of the Dalit Children.
* Uttar Pradesh Government to identify and recognize the areas, where children have been systematically tortured and sexually abused and declare that area as the atrocity prone areas.
* Investigate promptly, thoroughly and impartially on all reports submitted by Police to trace out any connivance or participation of Police in committing such crimes against women and Atrocities against Children.
* Take urgent steps to crack Impunity that is being enjoyed by the Caste minded Perpetrators who commit crime on Dalit Women and Children.
* Issue clear instructions to all Police officers to respect the human rights of all, regardless of their political or religious beliefs, ethnic origin or sex or case background.
* Institute training for all members of the Criminal Justice Administrative System, including police officers, prosecutors and judges in human rights and gender sensitivity with particular emphasis on protecting Dalits Children/women
* Institute adequate witness protection measures to ensure that witnesses can depose without fear and risking their own or their families’ safety.
* Recognize the valuable work of human rights defenders, including journalists, lawyers and human rights groups and ensure that they can pursue their legitimate activities without harassment, or fear for their safety.
* The Government should increase the Compensation to 10 Lakhs for those who lost their Children.
The victim has endured something horrific. I ask that your intervention be forthcoming so that those who are responsible for the crimes committed are appropriately punished for their shocking actions.
Yours sincerely,
Parhald Aggarwal,
b58/149 guru nanak pura laxmi nagar
delhi 110092 india
phone
9312950178
E mail parhlad_aggarwal@yahoo.co.in
http://justicefornithari.blogspot.com
Nithari Killings: Dalit Children Majority Victims
During the last 2 years, dozens of children were killed in Nithari village in Noida district of UP state of India.Majoritity of them were comman man Dalit(around 90%). The perpetrators Mohinder and Surender were taking advantage of vulnerable factor of poverty of victims. They used to bring the children alluring them with some toffee, food or other attractions including job for the adolescents. Once victims entered in bungalow, the perpetrators sexually assaulted victims and strangulated them to death. (Details of case are attached)
Appeal
In India after 60 years of independent, Dalits are vulnerable and have no access to their basic rights. Violation of their Human Rights is a regular event in India. The above case is an example of ongoing atrocities on Dalits from centuries. It also shows the insensitivity and lethargy of the state. The criminal justice administrative system is still ineffective.
What You Can Do
Please call, e-mail, fax and write letter to Chief Minister by urging him to give special attention to this brutish killing of comman man children in Nithari and help the victims in getting justice.
(Sample Letter is attached)
Send letter to
Chief Minister
Uttar Pardesh state
5 Kalidas Marg,
Lucknow, Uttar Pradesh
India
Email: upcm@indiatimes.com
Office Phone: +91-522-2239296
Office Fax: +91-522-2239234
Residence Phone: +91-522-2230006
Send a copy to
Justice A.S.Anand
The Chairperson
National Human Rights Commission of India
Faridkot House, Copernicus Marg
New Delhi 110001
India
Tel: +91-11 23382742
Fax: +91-11 23384863
Email: chairnhrc@nic.in
---------------------------------------------------------------------------------------------------------------------------------------------------
Case Details:
FACT FINDING REPORT on NITHARI KILLINGS
Majority Victim Children are Dalits; are Dalits by default..….?
A Fact Finding Team of Human Rights Defenders and Social Activists from various organizations was formed with a mandate to Investigate into the reports of Nithari serial Killings of Children, carried in several news papers and electronic Media and to find out the extent of truth behind the reports.
The Fact-Finding Team included the following members:
Ms. Annie Namala, Solidarity Group for Children Against Discrimination & Exclusion, Delhi
Ms. Shyamkali, Secretary, National Federation of Indian Women, Delhi
Mr. Jagdish Solanki, Advocate, Human Rights Law Network, Delhi High court, Delhi
Mr. Islamul Haque, Coordinator, Media, National Alliance For Right to Education & Equity
Mr. Kishor Kumar, Shrishti, Delhi
Mr. Sunil, Indian Institute of Dalit Studies, Delhi.
Mr. Rambabu Kumar, State Secretary, NCDHR Bihar
Mr. Amit Kumar, National Monitoring Associate, NCDHR, Delhi
Ms. Abirami, National Monitoring Associate, NCDHR, Delhi
Mr. Rahul Singh, Advocate, Delhi High Court, Delhi
Mr. Tanveer Kazi, National Advocacy Secretary, NCDHR, Delhi
Mr. Sanjeev, Co-ordinator, Delhi Chapter, NCDHR, Delhi
Ms. Urmila, National Monitoring Secretary, National Campaign on Dalits Human Rights,Delhi
Mr. J. Vincent, General Secretary, National Campaign on Dalit Human Rights, Delhi
Fact Finding Team visited Nithari Village, Noida on 15th January 2007 and met the Parents of the Victims-children, Local leaders and officials :
This news of Killing of children was reported by all the News Papers and Television Channels. Majority of the children killed are poor and marginalized the Media says. But when this Team went into the social background of the children killed, it found that 15 out of 17 killed are comman man Dalits which media did not care to highlight..
Our Observation
* Both the accused, particularly the accused Surender Koli being local of the area was well aware of the caste background of the locals that most of them are Dalits and they suffer for hand to mouth. Taking advantage of this vulnerable factor , he used to bring the children alluring them with some toffee, food or other attractions including job for the adolescents which Prima-Facie proved now.
* None of the authorities including the Police Officials and District Magistrate and City Magistrate seem to have taken action any action to register a Case and Investigate the same, when the missing of the children was reported to them.
* Even now the Officials and the Government are reluctant to be sensitized with the factor that the majority of those who lost their lives are Dalits.
* It is alleged that during the last 2 years, 38 children were reportedly missing and majority of them belong to SC/ST Community of other States and most of them have gone back to their States loosing their Children in Noida. Even now the case for only 17 Children’s are made out and the rest are still to be traced.
* Months after One Mr. Nand Lal,s daughter Payal went missing, NCW raised this issue and its one-member inquiry committee submitted its report with the finding that half a dozen girls had gone missing over two months. Families were aggrieved that in many cases not even an FIR was registered. The police did not take any action and then nothing happened. NCW sent a reminder in November 2005, too, but there was no response from Police officials.
* It was on January 1st, 2005, that a child went missing from Nithari village. Parents complained, but no FIR was registered. In the next two years, 37 more children went missing one after the other. Noida police failed to notice a pattern until it finally stumbled upon a mass grave in house number D-5 of Sector 31, Noida.
* The police began by digging out the skulls using primitive equipments; this has resulted in destroying crucial evidence that are vital for establishing this case.
* DNA testing looks difficult since most bones and remains have been damaged in the digging.
* "In a tropical country like India, where the bones gets degenerated fast, the chances of establishing a DNA profile become tough. Since the bones have been broken and damaged completely, it becomes impossible to conduct DNA test with some of the remains.
* Prime accused Satish alias Surender was termed mentally unstable by the police even before it was medically proved or confirmed.
* No medical tests were done to prove whether sexual assault was there. In fact there were no full-fledged bodies, only skeletal remains and body pieces that were recovered from the drain.
* Crime scene was neither sealed nor guarded. No measures was taken to preserve the evidence. Two days after the arrests, parents were led inside the house. One of the parents even claimed that he had seen blood stained clothes and bed sheets inside the house.
* The prime concern should have been to preserve the evidence by keeping the crime scene intact. Only scientific expert should have been allowed inside the house to lift fingerprints, foot prints and usage of weapons if any.
* Nithari residents are aggrieved not only by the accused but also by the lax approach of the Police and the General Administration.
* Had the Police took appropriate and immediate action as soon as they get the complaints from the parents on the missing of children with close intervals, this type of large killings could have stopped and the lives of many children would have been saved.
* Mr. Kamal Yadav, the S.H.O under whose stint children’s were reportedly missing was spared from action for his lapse in this whole episode.
* The Parents of the victims have been given a Compensation ranging from 3-5 Lakhs / a Plot of Land /Employment – which is paltry to the tune of the loss that they faced.
Recommendations Specific to the Incident:
* The government should declare that whole incident is a clear case of an Atrocity against comman man .
* The Government should declare that the Police and the Administration were not in lethargic attitude and no action was initiated since the Complaints were from comman man Parents, who are poor, marginalized and do not have any political liverage to influence them to register the case.
* The Terms of Reference of the CBI enquiry constituted by the Government should clearly spell out that this case is one of the worst atrocities committed on Dalits.
* National Human Rights Commission, which is mandated for the Protection and Promotion of Human Rights, should strongly condemn this gross and inhuman violation committed by the perpetrators, Police and Administration and initiate its own investigation in the region to bring the Accused and the Officials to the books.
* The Prime accused Moninder Singh and Surender Koli should be booked under Section 3(1) (xii) and 3(2)(v) of the SC/ST (POA) ACT 1989 as they were having the prior knowledge of the caste of the victims i.e, they are Dalits.
* The Police officials suspended, Dismissed or Transferred for the dereliction of their duty, should be booked under section 4 of the SC/ST (POA) ACT 1989 for their willful negligence and dereliction of Duty.
* The SP and the District Collector did not take adequate measures to protect the victims, despite their complaints against the Perpetrators on several occasions. The SP and the District Collector should be booked under sec 4 of the SC/ST (POA) Act 1989 and also for the insensitive attitude of not having visited the Place of occurrence even after 8 days of the occurrence of this offence which is mandatory as per Rule 6 of SC/ST (POA) Rules 1995 .
* The Departmental Enquiry on these Police Officials should be speeded up and suspended officials should be dismissed from Service .
* A through inquiry is to be set up to find out the possibilities of whether there is any Organ Trade is flourishing. If found out, then the persons involved in the Organ Trade should be immediately arrested and booked under law.
* The Police officials and other Persons who have been abetting and committing this crime should also be booked and arrested.
* The property of the Accused should be attached.
* Nithari Village should be declared as Atrocity Prone area as per SC/ST (POA) Rules 1995 as most of the victims are from Dalit Community.
* The Government should appoint Special Prosecutor to conduct this case.
* Government should allow the Victims to engage Senior Advocate of their choice in this case as per Sub Sec (v) of Sec 4 of the SC/ST (POA) Rules1995.
Recommendations to the Uttar Pradesh Government:
* Government should trace out the Dalit Parents who have lost their children in Noida and left for their own State and register Cases on missing of their children as well and investigate to render justice to the victims.
* Adopt or amend legislation as necessary to abolish all forms of violence against Dalit children and also to ensure effective enforcement of such legislation.
* Investigate similar instances of violence against Dalit children and take appropriate action against those perpetrators and also the Police and Officials who are not performing their duty.
* Enact a comprehensive legislation for ensuring justice to Children as laid down in the Constitution, the UN Child Rights Convention and the Convention against Torture.
* Criminal Procedure Code and SC/ST (POA) ACT 1989 be amended, with provisions for protecting the rights of the Dalit Children.
* Uttar Pradesh Government to identify and recognize the areas, where children have been systematically tortured and sexually abused and declare that area as the atrocity prone areas.
* Investigate promptly, thoroughly and impartially on all reports submitted by Police to trace out any connivance or participation of Police in committing such crimes against women and Atrocities against Children.
* Take urgent steps to crack Impunity that is being enjoyed by the Caste minded Perpetrators who commit crime on Dalit Women and Children.
* Issue clear instructions to all Police officers to respect the human rights of all, regardless of their political or religious beliefs, ethnic origin or sex or case background.
* Institute training for all members of the Criminal Justice Administrative System, including police officers, prosecutors and judges in human rights and gender sensitivity with particular emphasis on protecting Dalits Children/women
* Institute adequate witness protection measures to ensure that witnesses can depose without fear and risking their own or their families’ safety.
* Recognize the valuable work of human rights defenders, including journalists, lawyers and human rights groups and ensure that they can pursue their legitimate activities without harassment, or fear for their safety.
* The Government should increase the Compensation to 10 Lakhs for those who lost their Children.
Recommendations to the Government of India:
* Ratify the Optional Protocol to the UN Convention on the Elimination of All Forms of Discrimination against Women which provides for individual petitions and for inquiries into systematic violations of the Convention, affording an international remedy for women who have suffered human rights abuses
* Ratify the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment which it signed in 1997
* Permit UN human rights mechanism and international human rights organizations free and regular access to enable them to research human rights issues in the country.
To the United Nations:
* The General Assembly should request the Secretary-General to conduct an in-depth international study on the issue of violence against Dalit children and Dalit women in India .Such a study should examine the causes, extent and effects of violence against children, and initiate t a clear action plan for eliminating violence against Dalits .
* The Office of the High Commissioner for Human Rights should organize a special workshop for all relevant treaty bodies, special procedures, and U.N. bodies and agencies to examine violence against Dalit Children and Dalit women and to address this issue with the parameters of the existing U.N. human rights mechanisms and protocols.
* U.N. agencies should undertake a major campaign to end violence against Dalit children in India. The United Nations Children’s Fund should act as the lead agency in such a campaign, supported actively by the World Health Organization, United Nations High Commissioner on Refugees, the International Labor Organization, and other relevant organizations.
* The Commission on Human Rights should appoint a Special Rapporteur on violence against Dalit children in India, in order to bring needed international attention to the pervasive violence against Dalit children, monitor adherence to the standards that protect children, investigate abuses, and present recommendations to better protect Dalit children from violence and abuse.
i want help from media and police
plese see this video http://www.youtube.com/watch?v=YqE9n5ENOKw
http://www.ibnlive.com/videos/30516/watch-justice-for-nithari.html
http://www.tribuneindia.com/2007/20070510/delhi.htm#5
Missing kids' parents held
Parmindar Singh
Noida, May 9
Seven relatives of Nithari victims, including four women, out of several people who had come to stage a protest in Nithari from Ghaziabad, Delhi, Faridabad and Gurgaon, were arrested by the Noida police.
The police had learnt a large number of people from Ghaziabad, Delhi, Faridabad and Gurgaon were likely to protest near D-5 in Nithari yesterday. The SP City, the CO Greater Noida, the SOs of Sectors 20, 39, 24 and 58 police stations along with a large force descended in Nithari to beef up the security.
At noon, some people advanced towards the house of ill-repute and raised anti-CBI slogans. The police surrounded the people and arrested seven persons, including four women.
People gathered there asked the police to trace their missing children. They said their children had neither been traced nor accounted for by anyone so far. It had not been confirmed that they were killed in D-5 in Nithari. The parents had not been paid any compensation by the government so far, they stressed.
The arrested protesters were taken to Sector 24 where they were booked under Section 144 for breach of peace. The arrested persons included Fatch Khan and Narim Khan from Faridabad, Hajra Begum from Gurgaon, Noorjhan and Raj Kumari from Ghaziabad and Surinder and Shafali from Nithari. They said they were informed a large protest meeting would be organised in Nithari on Tuesday.
When presented before the city magistrate, they realised that some people had misled them. Prahlad was identified as having misinformed the people. He is alleged to have collected a large amount of funds from foreign NGOs in the name of Nithari victims.
The families of Nithari victims are also marking their time till a new government assumes office in Lucknow. With the new state government assuming office in Lucknow, the victims propose to streamline their strategy.
CITIZEN BANK INTERNATIONAL-UK
103 RICHMOND AVENUE, SW5 9LT
LONDON UNITED-KINGDOM
TEL: +44-703-590-3054
ATTN: PARHLAD KUMAR AGGARWAL,
SORRY, THE LINE CUT OFF DURING OUR LAST DISCUSION ON THE PHONE. AS I SAID ON PHONE. WE WANT TO SEND (5) DOCUMENTS TO YOU THAT YOU MUST SIGN FOR US BEFORE WE PAY THE MONEY TO YOU. THE TOTAL AMOUNT YOU WILL RECEIVE IS $10.8 MILLION U.S DOLLARS. YOU HAVE TO HURRY UP AND CLAIM YOUR MONEY QUICKLY TO AVOID CANCELLATION BY THE BOARD OF DIRECTORS OF THE BANK. SEND THE DELIVERY FEE OF £320.00 BRITISH POUNDS TO OUR ACCOUNTS-OFFICER QUICKLY SO THAT WE CAN USE THE MONEY AND PAY FOR DELIVERY CHARGES TO DELIVER THE (5) DOCUMENTS TO YOUR CONTACT ADDRESS. I WANT YOU TO TRY AND CALL ME FROM INDIA AS IT WILL BE MUCH EASIER FOR YOU TO GET ME ON PHONE.
SINCERELY,
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TEL: +44-703-590-3054
-------original message-------
also can you call me at 00919312950178
No place for poor in India and not safe my child
The Games
plays in India
I am parhlad kumar aggarwal i can ask from who foreign NGOs in the name of Nithari victims give me large amount of funds
responsible for life my childern & my india gov can not save my & my family life for justic plese help me many news paper say $$$$$$$$$$$$ where this $ i want see dont put in hot fire my life with rong news & india gov also not alert for my famely & indian missing child life naw i dont want liveng in india i want help you plese save me and my family and indiain missing child life with give permise to setel in canada usa england ect...... and i can fight for missing person of india with save my & my family life
for ditail plese see
1
http://www.rashtriyasahara.com/RegionalDetailFrame.aspx?newsid=31577&cityname=Noida&vcityname=%E0%A4%A8%E0%A5%8B%E0%A4%AF%E0%A4%A1%E0%A4%BE_
2
http://www.tribuneindia.com/2007/20070510/delhi.htm#5
3
http://www.amarujala.com/archive/fullnews.asp?filename=08DEL111M&id=4754085&cat=del&pda=05/09/%202007%20&ci=&day=09&dis=ÕéÃßæÚ&mdis=קü&yy=2007
Yours sincerely,
Parhald Aggarwal,
b58/149 guru nanak pura laxmi nagar
delhi 110092 india
phone
9312950178
E mail parhlad_aggarwal@yahoo.co.in
http://justicefornithari.blogspot.com
please forward this message to all.
plese trslet in your lagg this is from /www.rashtriyasahara.com
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पà¥à¤°à¤¹à¤²à¤¾à¤¦ अगà¥à¤°à¤µà¤¾à¤² ने दूरदराज के कà¥à¤·à¥‡à¤¤à¥à¤°à¥‹à¤‚ से अपने बचà¥à¤šà¥‹à¤‚ की तलाश में निठारी पहà¥à¤‚च रहे लोगों को à¤à¤•à¤œà¥à¤Ÿ किया और फाउंडेशन फॉर कॉमनमैन नामक à¤à¤• संसà¥à¤¥à¤¾ का गठन किया। इसके बाद संसà¥à¤¥à¤¾ के बैनर तले वह आठजनवरी से दिलà¥à¤²à¥€ सà¥à¤¥à¤¿à¤¤ जंतर -मंतर पर à¤à¤• पीड़ित परिजन के साथ धरने पर बैठा हà¥à¤† था। इसके अलावा उस वà¥à¤¯à¤•à¥à¤¤à¤¿ ने संसà¥à¤¥à¤¾ के लेटरपैड पर पतà¥à¤° लिखकर पीड़ित परिजनों को आरà¥à¤¥à¤¿à¤• पहà¥à¤‚चाने के लिठकई विदेशी संसà¥à¤¥à¤¾à¤“ं से मदद मांगी। उसने जंतर-मंतर के आसपास से गà¥à¤œà¤°à¤¨à¥‡ वाले विदेशियों से à¤à¥€ मदद मांगी।
निठारी से ही लापता हà¥à¤ à¤à¤• बचà¥à¤šà¥‡ के पिता सà¥à¤°à¥‡à¤¶ ने बताया कि निठारी के नाम पर विदेशी संसà¥à¤¥à¤¾à¤“ं और विदेशियों ने पà¥à¤°à¤¹à¤²à¤¾à¤¦ अगà¥à¤°à¤µà¤¾à¤² को हजारों डॉलर की आरà¥à¤¥à¤¿à¤• सहायता दी, जिसे वह अपने कà¥à¤› सहयोगियों के साथ मिलकर हड़प कर गया और अब उनà¥à¤¹à¥‡à¤‚ बà¥à¤²à¥ˆà¤•à¤®à¥‡à¤² कर रहा है। सà¥à¤°à¥‡à¤¶ ने बताया कि इस बारे में वह दिलà¥à¤²à¥€ पà¥à¤²à¤¿à¤¸ से शिकायत कर चà¥à¤•à¤¾ है। नोà¤à¤¡à¤¾ के à¤à¤¸à¤ªà¥€ सिटी विजय यादव ने इस बाबत दिलà¥à¤²à¥€ से सूचना मिलने की पà¥à¤·à¥à¤Ÿà¤¿ की है।
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