2014年12月24日 星期三

Court (被捕無限次)


自從電影在威尼斯電影節參展及得獎後便一直期待欣賞這部電影. Court比The Lunchbox, 甚至比這幾年很受外國影展歡迎的跟Anurag Kashyap associated那種非商業片更”intelligent”. (兩年前的Ship of Theseus同樣是手法十分成熟, 主要面向外國arthouse觀眾電影. 但這一部我更欣賞. 手法相近, 但所探討議題社會性更高.)

電影的narrative其實故事性不算太強. 背景是一個社運詩人因為演唱有抗爭意識的歌曲而被控告煽動一名清潔工人自殺. 這件十分荒謬的案件由一名專注人權相關案件的律師負責辯護, 從中帶出了一個問題 – 警察會認定社運人士犯事, 以不合規的方法查案, 假如法院判被告無罪, 就會以各種各樣的罪名再次拘捕, 令有關人士不停被拘留. (電影的中文譯名就準確表達了重點)

電影本身很靜態而且冷靜地處理議題. 探討了很少人在法庭/律師電影願意explore的一面 – 不是精彩的法庭辯論, 沒有離奇曲折的案情, 而是低級法院的混亂, 司法制度的無數漏洞. 毫不glamorous, 沒有戲劇性, 只有沉悶冗長永無止境, 重覆又重覆的程序.

導演和男主角/監製在放映後的Q&A時段解釋了不少電影背後的故事和情況. 這個故事雖不是真人真事改編, 卻是集很多案件的大成, 將在資料搜集過程中發現的荒謬之處寫進劇本. 導演花了數年時間準備. 於真實地點搭建所需場景拍攝(例如不可能借用真正的法院作拍攝), 而這些場地可能對外來人士比較敏感, 所以需要讓當地居民理解及參與, 令拍攝工作十分耗費時間. 幸好演員當中沒有明星, 未有引起混亂及阻礙. 由於飾演歌手的演員在現實生活中確實是活躍的社運分子, 受政府監視, 也曾在拍攝現場被捕. 即使是拍攝電影這種沉著的控訴也引來政府注意. 導演說製作團隊有拍攝期間的手提電話遭竊聽.

電影的Backdrop設定於孟買有其獨特性. 孟買固然是整個國家最多元最發達的城市, 全國各地甚至國外不少人材都在孟買工作生活. 另一方面, 孟買所屬的Maharashtra地區卻有鼓吹地區主義的強烈聲音, 認為外來的人(即使同是印度人)掠奪了孟買的經濟成果, 影響當地人(Marathi)的利益. 影片中襲擊主角的人以及檢控官一家人假日欣賞的話劇, 以至法庭系統上下都只用當地語言溝通隔絕外地人的習慣, 都在反映這種以種族分敵我的態度. 導演本身也是正宗的Marathi人, 難得肯用客觀的態度來處理這些現象, 未有故意潤飾辯護. 所以製作團隊也明言擔心電影在印度上映時, 他們會遭受這些鼓吹Marathi地區主義的組織及人士批評及襲擊.

一般電影處理法庭故事的方法就是以案件的發展為主軸. 但這部電影也花了很多心思, 把焦點放於圍繞這件案件的人. 首先, 電影的主角其實是辯方律師. 這名律師專注協助受政府不公手法針對的人士, 不計較收入. 他本身的背景較為富裕, 家庭及朋友均屬社會上流, 但堅持幫助社會低下層人士. 另外, 電影也有花篇幅描述檢控官及法官. 他們是公務員, 受的教育及社會階層都只屬中產, 只求過生活. 對自己的工作沒有甚麼使命感, 也不信甚麼法治精神以及法律背後的基本理念, 只想工作順利和晉升加薪. 導演說是故意作這個安排, 他覺得這些人在法庭以外都有自己的故事. 這些描寫也讓觀眾對案件為何處於膠著困難的狀態有更深刻的理解.

觀看這部電影給了我一些鼓勵. 經常留意印度的消息和基本狀況的確對了解電影有益. 雖然這部電影的主軸不要求觀眾對印度有很深的了解, 但有些地方只是以劇情及對白輕輕交待. 如果有一些額外的認識, 電影就會顯得比較立體. 例如孟買的地方主義、抗爭人士所受的逼害以及社會弱勢人士的困境. **

其實每次有這類非商業印度電影的放映, 我也不預期會有太多印度人捧場. 開場前見有兩名年青的印度男子在戲院大堂, 有些意外. 原來他們就是導演和男主角兼監製. Chaitanya Tamhane是個十分討喜的電影人. Court已經在世界各地大小影展得獎, 獲得一致好評, 卻依然十分謙厚, 而且具親和力. 對香港這個小型的電影節(就是BC的亞洲電影節…)他其實就是以普通年青人衣著打扮的一個肥仔. 但談電影時頭頭是道, 跟觀眾的問答互動有來有往, 也不沉悶. (有時那些放映後的Q&A會十分“九唔搭八”, 恨不得快些結束). 都已經跑了很多放映會, 對自己的作品和不同地方的觀眾還是充滿熱情. 他們還說電影到那裏參展, 那裏就有政治亂局. 之前到過烏克蘭及土耳其, 都遇上騷亂. 到香港則適逢雨傘革命.

現在, 看甚麼都看到香港. 其實已戲中情況已在香港出現, 只要你是活躍社運的人士, 甚至是沒有組織背景的市民, 在參與任何形式的抗爭都受公權力的阻嚇滋擾. 香港大多數人都很看不起像印度的”落後”國家. 連了解也不屑. 應該很難想像自己和人家原來面對一樣的問題.

**向社會最底層的人宣傳反抗整個社會制度壓迫的訊息這個議題, 在數年前香港國際電影節觀看的紀錄片Jai Bhim Comrade(由著名紀錄片製作人Anand Patwardhan導演)就詳細解說了向Dalits(又有人稱untouchables)宣傳爭取權利意識的社運分子被警察及政府大力打壓, 假供反恐之名多番追捕. 他們往往被迫出走躲避, 否則會面對不合理的罪名及刑期. 而電影中被警察稱為受煽動而自殺的清潔工人, 工作環境惡劣, 因為他們社會地位低下, 往往連基本權利都不受保障. 這種狀況又曾經出現於Aamir Khan製作主持的電影節目Satyamev Jayate當中.

2014年9月6日 星期六

Salman Khan 2002年撞車案件博客報導Archive

這篇就是之前提過, Salman Khan 2002年撞車案的伸延事件, (間接)害一名警察家破人亡,貧病交迫地離世的敍述. 一名娛樂新聞記者花了很多心機, 找現成的資料寫了一篇詳盡的紀錄,在自己的Blog發佈, 但遭Salman Khan要求移除. 當時我大概已猜到這種博客文章, 爭議性大, 就算Salman Khan不出手, 他的瘋狂影迷和崇拜者也會, 所以早早用文字複製再另存檔. 現在,文章連Google Archive上也移除了.現在順便在這兒貼上, 留個紀錄.



http://webcache.googleusercontent.com/search?q=cache:cqeSyP1JwRIJ:bollywoodjournalist.com/2013/06/27/ravindra-patil-the-death-of-a-messenger/+&cd=2&hl=en&ct=clnk&gl=in&lr=lang_da%7Clang_nl%7Clang_en%7Clang_fr%7Clang_de%7Clang_it%7Clang_ko%7Clang_ru&client=firefox-a
 

Ravindra Patil: The death of a messenger
Salman Khan and Ravindra PatilIn India, the testimony of the prime witness is considered the most important document in a criminal case, which often influences the final verdict.

In the 2002 hit-and-run case of Salman Khan, the man who found himself in the epicenter of the controversy, was the prime witness of the case — constable Ravindra Patil.
Those close to Patil admitted that he was under enormous pressure to change his statement.

There were many who wanted Patil to change his statement. They preferred that Patil maintain that Salman leaned back to listen to him seconds before he lost control of the wheel. This would mean that the accident was caused by a ‘human error’ and not because he was drunk.  Some people wanted him to say that Salman was not drunk at the time of the accident.

Whatever be the case, Patil did not change his statement till the last day.

It was unclear who was putting pressure on Patil — some say they were all ‘well-wishers’ of Salman Khan from the police force while others say that those talking to Patil were Salman’s common friends from the film industry. Whoever they were, the pressure tactic seemed to be working as Patil was showing signs of a nervous break-down.

Why was Ravindra Patil so vulnerable?

Patil was a constable and hence belonged to the lowest rung in the police force. He admitted numerous times that he was under pressure and he would always try to duck the media.

During 2006, when the examination of witnesses was on, Salman had hired the best lawyers in Mumbai who were all charged up to cross-examine Patil. But then, something unexpected happened. Patil just ran away one evening. His brother lodged a missing report about Patil at a local police station.

Day after day, Patil chose to skip court dates because he didn’t want to face the defence lawyer. Soon, Patil came under scrutiny of the court because he remained absent at the court hearings. The court proceedings were stuck because Patil was absent in the witness-box. It also came to light that he had run away without applying for leave.

In a strange twist of fate, a man who had actually lodged the first information report against Salman Khan now had an arrest warrant issued against him for not turning up at court hearings. The arrest warrant was issued after he failed to appear for five consecutive court dates.

As the judge ordered that he be arrested and produced in court, his seniors at the police force simultaneously approved that Patil be sacked from his job because he was absent from duty. His seniors chose to ignore the fact that technically Patil was ‘missing’ and not ‘absent’ according to their own records.

Nobody was interested in knowing why he had run away from his house. Or, why the same person who was so forthcoming in lodging a complaint against a Bollywood star like Salman Khan, didn’t want to take the witness-box. Patil was never put under any witness protection programme.

Patil was sent to Arthur Road jail with hardened criminals

Like how they deal with a hardened criminal, a task force was prepared to nab Patil and find out where he was ‘hiding’. Finding him was easier than anybody had thought because Patil was not hiding anywhere. Ravindra Patil was actually staying in a small hotel in Mahabaleswar, just a few kilometres away from Mumbai. He would come to Mumbai often to meet his wife and family. He was not on the run from the police and was going around telling everybody that he wanted to stay away from the Salman Khan case.

He had repeatedly requested his colleagues in Mumbai Police to work out a way so that he can be spared from the case. The problem was: He was the prime witness and without him the case didn’t stand a chance in a court of law.

How many of you hate going to court? How many of you don’t like how witnesses are grilled in criminal cases by defence lawyers? Well, if I go by Patil’s example, then all of you should be put in jail. Believe it or not, Ravindra Patil was sent to jail because of this ‘crime’.

The special police team swooped down on him, arrested him and produced at the court, the next day. The court sent him to Arthur Road jail, the  biggest jail of Mumbai where most of the high-profile criminals are lodged.

Here are pictures after Patil’s arrest post a raid at a Mahabaleshwar hotel.

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In Arthur Road jail, Ravindra Patil was incarcerated in a separate cell like they would treat an armed dacoit or a serial killer. Patil submitted fervent pleas that he doesn’t want to be grouped with criminals at the Arthur Road jail but the court was in no mood to relent.

Twice, Patil filed applications saying that he is a witness and that he be held at Unit nine of the Crime Branch and twice the court ignored the application. In his applications, Patil went on record saying that he went absconding as he was mentally disturbed at the thought of being cross-examined by defence lawyers. But nobody seemed to be interested in what he was saying.

If the courts didn’t pay heed to his pleas, his employers — the Mumbai Police — seemed to be on some revenge spree. A ‘missing’ Patil suddenly became an ‘absconding’ Patil in their own files and subsequently sacked from his job. This junior-most employee in the force tried every trick in the book to convince his senior officers that he should not be sacked from his job. But nobody was ready to listen.

A witness was suddenly at the receiving end of it all. Life was dealing this grand witness blows after blows while Salman Khan delivered hits after hits at the box office.

The last days of Ravindra Patil

After Patil was let out of jail, he found himself in a strange situation — his family had disowned him and the Mumbai Police was not ready to take him back. Patil didn’t know what to do — suddenly he was the victim because he saw the accident and spoke about it.

A broken man by then, Ravindra Patil went missing again.

Patil was finally discovered at the Sewri Municipal hospital in 2007. Patil was begging on the streets of Mumbai before he landed up at the hospital. The years of acute stress coupled with heavy drinking had made his body weak. Worse, he had contracted a drug-resistant tuberculosis which fast tracked him towards an inevitable end.

Patil wanted to get back in the police force but he was just a bag of bones lying on bed number 189 of ward number four on the fourth-floor of Sewri TB Municipal Hospital. His family members were not aware where he was and nobody had come to see him for a year.

Here are some moving pictures of Ravindra Patil, just days before his death.

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Constable Ravindra Patil when he was on duty

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Constable Ravindra Patil died on October 4, 2007.

Even after his death, there was nobody to take back his body. The friend who had admitted him to the hospital was so scared that he didn’t even inform his family. In the end, his brothers came forward to perform the last rites.

Before his death, Patil spoke to his friend expressing his wish to get back to the force again while throwing up blood on the cold floors of the Sewri Municipal hospital.

“I stood by my statement till the end, but my department did not stand by me. I want my job back, I want to survive. I want to meet the police commissioner once,” were his last words.

Clearly, even God chose not to hear him.

Ravindra Patil never rested in peace.

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Constable Ravindra Patil’s eye-witness accounts are still the most important documents in the 2002 Hit-and-Run case  involving Salman Khan. It is now a case of homicide after a thorough re-examination of other witnesses.

Salman Khan faces a 10-year jail term in the case if he’s convicted.

Before we end, here is a news report about Patil after he was discovered just days before his death.

Short-link of the post -> http://wp.me/p3x1zT-g5

(a) The earlier post on Ravindra Patil:  THE WRETCHED WITNESS

(b) The first post about Salman Khan’s 2002 hit-and-run case: Shah Rukh Khan versus Salman: Their first public fight


Ravindra Patil – Salman Khan Hit & Run case – The Wretched Witness



Everybody knows that one person was killed and four others were injured when an inebriated Salman Khan rammed his Landcruiser onto the steps of A1 Bakery at the turning near Mehboob Studios in Bandra in the wee hours of September 28, 2002.
But perhaps we don’t remember that the incident claimed one more life later. In the course of the case another strapping young man died a slow but painful death on the cold floors of a government hospital at Sewri in Mumbai. He had nobody from his family around during his final hours.
Such was the misfortune of this man that nobody from his family even came forward to claim the body immediately after his death. They were not even aware that he had died.
The handsome young man was reduced to a bag of bones at the time of his death. Not too many people came near him because the man was suffering from acute tuberculosis and would spit blood often.
He never had visitors in the last three weeks of his life, barring a newspaper reporter who found out who he was.
This man, who was not even spared the pain in his death, was the prime witness of the 2002 drunk driving case involving Salman Khan. He saw it all happen in front of his eyes.
Today I will tell you the story of constable Ravindra Patil, the unlikely hero who will perhaps never be rewarded for what he has done. But if any justice is served to the forty-something Nurullah Mehboob Sharif, who was crushed under the wheels of Salman’s Landcruiser, it will be because of this Mumbai police constable’s statement as prime witness in the case.
Sadly, Patil was under immense pressure while acting as a prime witness and his health started deteriorating rapidly. To compound his woes, Patil took to drinking and his health continued failing.
We will now tell you what was Patil doing in Salman’s Landcruiser that fateful night.
Why was Ravindra Patil with Salman that night?
Around January or February in 2002, Salman Khan had filed a report with the Mumbai Police about receiving two threatening calls from the underworld. After talking to the Bollywood star, the Mumbai Police came to the conclusion that there is a genuine threat to Salman Khan’s life.
It may be mentioned here that the Mumbai Police is also willingly or unwillingly a part of the appear-and-appease brigade of Bollywood ever since they decided to add a dash of glamour to their annual function where all the A-list actors come and dance for free. Bollywood stars usually rub shoulders with the top brass of the force.
I am not trying to say here that Bollywood stars are given preferential treatment all the time but it is common knowledge in Mumbai that any complaint or “apprehension” from any Bollywood A-lister is viewed with utmost seriousness among the Mumbai Police top brass.
The police
force is always there at the beck and call of Bollywood stars which is really a good thing, I must say.
Okay, moving on to the story again.
The Mumbai police, as expected, responded to the complaint immediately and assigned a 24-year-old constable, Ravindra Patil as an unarmed bodyguard for the actor.
Patil was chosen for the job because he was a handsome young man, who was fit enough to shadow Salman Khan at public events.
Patil’s friends have told the media that he used to take several of his friends to meet Salman Khan when he was on duty. In short, Patil enjoyed his job of shadowing one of the most sought-after Bollywood stars.
Salman and Patil seemed to have a good equation and the few odd months that Patil was there with him, everything seemed hunky dory.
Patil was a constable of 1998 batch and was attached to the Protection Unit of Mumbai Police. He had two elder brothers who were police constables too — Devendra Patil and Prakash Patil — all between the age of 32-35 years at that time.
On that fateful night of September 28, Salman Khan was drinking at JW Mariott hotel in Juhu, while Patil was sitting in the actor’s SUV outside the hotel.
It was also reported in some media that Salman had a driver with him that night but he was advised to go home because it was getting too late. Post midnight, when Salman emerged from JW Mariott, there were two other people along with the actor that night – Constable Patil and singer Kamal Khan
What happened after Salman rammed the SUV
Salman denied all the charges after he was taken into custody the next day. It was reported that Patil told the police that Salman was so stunned to see people wailing and crying under the wheels of his car that he chose to flee the spot rather than take the victims to the hospital.
The victims were carried to the hospital by the neighbours and Salman was arrested eight hours later. After his arrest, his blood sample was collected for testing. The sample revealed 65 milligrams of alcohol eight hours later which clearly indicated that he was drunk at the time of the incident.
So, it was clear from the very beginning that the case hinged on the statements of Patil, who was the sole eye-witness of the incident.
The entire case hinged on three crucial points mentioned by Patil in his signed statements to the police after the incident : (a) Salman was drunk, (b) Salman was driving the SUV at more than 100 kilometres per hour and (c) Patil had warned Salman to slow down but he chose to ignore the advice.
Salman denied Patil’s claims later
After Salman Khan was presented in court, he denied that he was driving the vehicle or that he was under the influence of alcohol.
The trial court initially framed charges of culpable homicide against the actor primarily based on the testimony of Patil, but the case soon started to develop twists and turns and some witnesses allegedly changed their statements.
The case was taking a turn but Ravindra Patil hadn’t changed his statement ever — he maintained during his deposition that Salman was at the wheels of the car and that he was drunk.
But however, in the days that followed, the court found that the charge of culpable homicide was untenable against Salman and it imposed a much lighter charge of Rash and Negligent Driving against the star which carried a maximum sentence of two years as opposed to a homicide charge under which you can be jailed for 10 years.