GUJARAT STATE
THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 006
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@gmail.com
THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 006
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@gmail.com
Delegation meets Governor
regarding
Freedom of Expression in Gujarat
In the wake of the Gujarat State Freedom of Expression Conference which was held in Ahmedabad on June 22nd 2008, a representative group met the Governor of Gujarat
Shri Naval Kishore Sharma at the Raj Bhavan in Gandhinagar today and handed over to him a Memorandum together with the Resolution of the Conference.
The delegation representing several sections of civil society consisted Shri Gautam Thaker, Gujarat State Secretary of the Peoples Union for Civil Liberties (PUCL), Shri Digant Oza, National Convenor of the Peoples Movement of India and Fr. Cedric Prakash, Director of PRASHANT.
The delegation appraised the Governor, of the Conference and urged him as the Constitutional Head of the State, to do all within his capacity to ensure that the Constitutional Right of Freedom of Expression and Conscience is no longer throttled in this State.
The Governor gave the delegation a patient hearing and assured that he would do his very best to address the issue.
GAUTAM THAKER
SECRETARY, P.U.C.L.
FR. CEDRIC PRAKASH
DIRECTOR, PRASHANT
DIGANT OZA
SENIOR JOURNALIST
NATIONAL CONVENOR
PEOPLE'S MOVEMENT OF INDIA
24th June 2008
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GUJARAT STATE
THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 007
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@gmail.com
Date : 24-6-2008
=============================
GUJARAT STATE
THE FREEDOM OF EXPRESSION CONFERENCE
Organized by
J.P. Centenary Committee, PUCL, MSD, PRASHANT, Nirikshak, Bhoomi Putra, Nayamarg, Jalseva
C/o. Gandhi Peace Foundation, Himavan, Paldi, Ahmedabad 380 007
Ph: 079-26641353 Cell: 9825382556 email: dn.rath@gmail.com
Date : 24-6-2008
MEMORANDUM
Subject : Sedition charges on Times of India, case against Shri Ashish Nandy and
other Freedom of Expression issues.
other Freedom of Expression issues.
To:
Shri Navalkishore Sharma,
The Governor of Gujarat,
Gandhinagar.
Respected Sir,
The Gujarat State Freedom of Expression Conference was held on 22nd June, 2008 at Bhaikaka Bhavan, Near Law Garden, Ahmedabad to uphold the Freedom of Expression. The Conference was presided by Shri Chunibhai Vaidya, Senior Sarvodaya Leader. Senior Journalist Shri Kuldip Nayar, Justice Raginder Sachar and Shri Kannabiran, the President of P.U.C.L. were the distinguished Speakers at the Conference.
The Conference was organized by P.U.C.L., Movement for Secular Democracy, J.P.Centenary Committee, PRASHANT, Nirikshak, Nayamarg, Bhoomi Putra and Jalseva. The Conference was attended by citizens of the State from all walks of life in large numbers.
The other Speakers at the Conference were Prof. J. S. Bandukwala, Advocate Girishbhai Patel, Digant Oza, Indukumar Jani, Dwarika Nath Rath, Fr. Cedric Prakash and Gautam Thaker.
The following Resolution was passed at the Conference unanimously and it was decided to submit a Memorandum to the Governor of Gujarat. On behalf of the Conference, we are submitting this Memorandum to you along with the copy of the Resolution for your knowledge and prompt measures to check the abuse of power and assault on Freedom of Expression and human rights in the State.
Thanking you,
Yours faithfully,
GAUTAM THAKER
SECRETARY, P.U.C.L.
FR. CEDRIC PRAKASH
DIRECTOR, PRASHANT
DIGANT OZA
SENIOR JOURNALIST
NATIONAL CONVENOR
PEOPLE'S MOVEMENT OF INDIA
==============================
22ND, JUNE - FREEDOM OF EXPRESSION CONFERENCE
22ND, JUNE - FREEDOM OF EXPRESSION CONFERENCE
THE RESOLUTION
Gujarat State Level Conference of freedom of Expression of Gujarat recalls the black days of emergency where all the fundamental rights, democratic, civil rights were trampled and thousands were put behind the bar. Pre censorship on media was imposed and various newspapers, journals were sealed off including Bhoomi Putra of Gujarat.
Though it is going to be the 34th year of emergency, the trail of it is still endangering the democracy where the freedom of expression is becoming the worst casualty. It is under surveillance. Now the charge of sedition on Times of India, cases against Ashish Nandy, attack on Kumar Ketkar and many other journalists and media throughout the country, imprisonment of civil right activist Dr. Binayak Sen and others and the promulgation of draconian acts in various parts of the country is a matter of grave concern. Minorities choose to remain silent but waiting for the justice.The dalits, the poor workers, marginalized section and the women hardly have any forum where they can express freely about their plights. Freedom of Religion Law which the Government has enacted from April 1st 2008. curbs the right of a citizen from Freely expressing and choosing the religion of his/her choice. This conference takes serious note of all these developments related to freedom of expression.
The Conference would like to draw the attention that according to a survey conducted by media advocacy group in Paris during October 2006, ranking countries from best to worst in protecting the freedom of press, India was ranked at 115 in restoring press freedom
The recent sedition charge against TOI has alarmed all the democracy loving people in the country which has evoked country wide protest.
First of all this conference condemn the sedition charge against Times of India, a tip of an iceberg in Gujarat. Several press have also been the victim in Gujarat. It is a direct assault on freedom of Press, which is the fourth Estate in a democratic country. Registering the case against Times of India is a deliberate action of Police to suppress the voice of dissent of the press and create an atmosphere of panic in the state, where violation of human rights and Democratic rights is becoming a regular practice of the Police and Govt. in Gujarat in overt and covert fashion for last so many years.
The features carried by Times of India exposing the close nexus between Police officer Mr. O.P. Mathur with Mr. Abdul Latif , is not only appalling but raises serious question about the credibility of the Police Officer in high rank and level of criminalization of Police in the state.
The Ahmedabad city Police Commissioner Mr. O.P.Mathur instead of responding to the documented investigative report published by the Times of India either by refuting the charges or by filing defamation case but to treat the reports questioning his competence as amounting to excite hatred, contempt or dissatisfaction towards the Govt. reflects his undemocratic character and audacity to equate himself as Govt. established by law. If Mr. Mathur has acted with the approval of the Govt., it exposes how the state attempts to suppress democratic dissent., which can be a British colonial hang over.
So, any threat to freedom of press and freedom of expression by any quarter of the administration is a direct threat to democracy and perpetuate fascist type of rule
The role of media as the watchdog of democracy and its role to disseminate right to information to the citizen is always indispensable, which the Times of India has been performing.
The charge of Sedition or prosecution of media persons is not new in Gujarat. It has become a normal practice.IPC section 124 (A) has been used at will against the editors, reporters in Gujarat and they are put behind the bars
· The reporter of AajTak was charged because of telecasting the news exposing the indifferent attitude of the Modi Govt. towards the orphan of the riot victim of Naroda Patia , as assured by the then
President of India Dr.A.P.J. Abdul Kalam.The editor of Samana of Surat was prosecuted due to its coverage on the Surat flood.
· The editor of Aajkal of Rajkot was charged with 124A because of coverage of news exposing the nexus between Police and the Underworld in Bhavnagar.
· The editor of Young Aarohi of Veraval was framed 124A because of carrying the news exposing the Arms traffiking. 124A was also filed against
· Ms. Nafisa Ali and daily Divya Bhaskar on her comment on carnage 2002.There are innumerable overt and covert threats to the media in the state.
Inspite of the threat the media is doing its best to be the watchdog of democracy. But the fear of sedition, defamation, prosecutions etc.pushing the media towards self censorship.
The degree of regimentation and undemocratic atmosphere prevailing in the state can be gauzed the way the film Parzania was not allowed to be screened and the Fanaa was pulled down from the theatres.
Now Prof. Ashish Nandy is facing police case registered against him. Prof. Ashish Nandy wrote an article "Blame the Middle Classes?" after the Gujarat elections. He gave his analysis of the election outcome. A criminal case has been filed for writing this article under IPC Section 153 (A) and (B), with the permission of Government of Gujarat. Shockingly the head of the Gujarat Branch of the National Council of Civil Liberties has filed the case.
Press freedom is also threatened by the violence of political parties as well as religious fundamentalist forces and various brigades backed by powerful persons in power. Attack on freedom of expression is also growing from non-State actors, and the intolerant fascist groups.
The attack on the residence of Mr. Kumar Ketkar, editor of the popular Marathi newspaper Loksatta, is the latest in a series of growing incidents of intolerance and violence in India against members of the media, which this conference condemn severely
Moreover Freedom of expression is gagged in the name of so-called development. More and more restrictions are imposed to curb freedom of gathering, holding meetings and rallies.
This Conference would like to reiterate that the history of press in India is filled with stories of struggle and sacrifice. The Freedom of the Press was one of the constitutional guarantees demanded by freedom fighters during British colonial rule. Most of the leaders of the freedom movement were journalists. They were for freedom of expression. After Independence the Founding Fathers attached great importance to Freedom of the Press during framing the Constitution of India
In a series of decisions from 1950 onwards the Supreme Court has ruled that Freedom of the Press is implicit in the guarantee of freedom of speech and expression in Article 19(1)(a) of the Constitution The Supreme Court of India has stated that 'freedom of speech and expression of opinion is of paramount importance under a democratic Constitution. The court has also declared that newspapers constitute the Fourth Estate of the country, Freedom of the press is undoubtedly one of the basic freedoms in a democratic society based on the Rule of Law
But after 61 years of freedom, the freedom of press and the freedom of expression is a far cry. Officials harass journalists through lawsuits, using restrictive laws governing criminal defamation, contempt of court, and national security to silence the reporters. Accreditation cards to journalists are denied.
Apart from it, self censorship is not only practiced by the media and media persons but also by the citizens. A sense of insecurity and fear is lurking. The citizens are scared to speak fearlessly and apprehend that they have to pay a price for freedom of expression. Silence is preferred than to invite the wrath of the Govt. or the so called brigades. This very aspect is killing the spirit of democracy and creating a ground for fascism, the worst enemy of the civilization. This is the most appalling aspect that can be ever comprehended in the state. of Gujarat
Under these circumstances, this Conference of Freedom of Expression pledge to uphold and fight for the freedom of expression to save the democracy from growing fascist onslaught.
So we demand-
1-Withdrawal of the charge of sedition and conspiracy immediately
2-Institute a high level judicial enquiry on the charges against Mr. O.P. Mathur
3-The column of Sedition be scrapped permanently from I.P.C..
4- The Home Minister of Gujarat should come out with the clarification on the charge of Sedition against Times of India
5- All the cases against media persons be withdrawn.
6- Release Dr. Binayak Sen
7-Scrap all draconian acts encroaching freedom of expression.
8- A congenial atmosphere of confidence building measure for freedom of expression be released.
9- Review all the cases of the detainees under TADA and PASA
Conference organised by-
JP Centenary committee, PUCL, MSD,PRASHANT, Nirikshak, BhoomiPutra,Nayamarg,Jalseva
2 comments:
Pl.Publish it
TERRORISM AND HUMAN RIGHTS
By- D.N.Rath
THE SILENCE AND OUTRAGE
Suddenly there is ambiguous silence on GUJCOC after the of arrest of Sadhvi Pragya Singh. The euphoria that was on wheel has come to a sudden halt, where one after another related to Ahmedabad serial bomb blast and Surat are arrested. The ambiguous silence is very meaningful. The fate of the euphoria depends on the so called ATS’s finding of the involvement of so called terror trio, Sadhvi Pragya Singh, Lt. Colonel Srikant Purohit, self styled Shankaracharya Dayanand Pandey and others in series of bomb blasts in different parts of the country which has been castigated as UPA's vilification campaign" to "malign" Hindutva and vowed to counter "attacks on Hindu seers and Indian soldiers" Panipat Conclave with a -"inspired by political motives".which was attended by BJP President Mr. Rajnath Singh, RSS chief Mr.K C Sudarshan, VHP International President Mr.Ashok Singhal, VHP general secretary Mr. Praveen Togadia, Shankaracharya of Nirmal Peeth, chief ministers of BJP-ruled Himachal Pradesh and Uttarakhand, among others. In Rajnath Singh’s opinion, “It looks like part of a larger conspiracy. It is sending a wrong message to our brave Army, which is in the forefront of fighting terrorism in Jammu and Kashmir and the northeast.” There by a ploy to politicise by claiming to speak on behalf of Army. The Sangh Parivar has raised the issue that the Saints and the Sadhvis with the saffron clothes cannot be terrorist.
Is it the so called plank on terror for election has been lost ? And are they again trying to seize the opportunity to communalise the whole issue as an attack on Hindutva and create a communal divide?
The Gujarat Connection-The Military Camp in Gujarat
Gujarat is not free from the terror link. The military training in Bhat in Gandhinagar on the bank of Sabarmati which resembles Chambal by the controversial Lt. Colonel Srikant Purohit to 500 youths has come to light. The camp took place in an ashram between Ahmedabad and Gandhinagar. which belongs to the controversial Dayanand Pandey, who has five ashrams in Ahmedabad.
The close proximity of the trio, Sadhvi Pragya Singh, Lt. Colonel Srikant Purohit and Dayanand Pandey has become an open truth. It has also come out during the bomb blast that Sadhvi Pragya Singh as well as Dayanand Pandey were present in Surat, where 29 unexploded bombs recovered with the stamp of ordinance factory of Madhya Pradesh. Again Sadhvi Pragya Singh’s association with Swami Asimanand of Dang from 1998 and the arrest of Sunil Dahade close associate of Swami Asimanand from Vapi has raised questions about the Malegaon link to Gujarat. Swami Asimanand the main architect of Dang’s anti Christian drive in 1998 and reconversion resulting waves of attacks on Christians through out the country, gruesome killing of Fr. Graham Stein with his sons in Orissa, is now hiding and skipped to attend the much publicised Ram Katha in South Gujarat. Earlier there were instances of encounter deaths including Sohrabuddin in the state.
The Gujarat Police gave a clean chit to Sadhvi Pragya Singh but as the Gujarat links are revealed, now they want to question all the accused which the Nasik court denied and directed the Gujarat Police to follow official procedure
.
LEGACY OF NATHURAM GODSE
Himani Savarkar who said “ If we can have bullet for bullet why not blast for blast.” She gave a clean chit to Lt. Colonel Srikant Purohit and Sadhvi Pragya Singh and collecting funds for trial, and held meeting in Pune praising the martyrdom of Nathuram Godse and praising Lt. Colonel Srikant Purohit as Mangal Pandey of 1857and advocated for Hindu Rashtra and declared second class citizens those are against it.
The sudden visit of Ms. Himani Savarkar of Abhinav Bharat, the niece of Nathuram Godse to Baroda and the sudden appearance of poster pasted on the statue of Mahatma Gandhi in Baroda, saluting the martyrdom of Nathuram Godse to commemorate his martyrdom year. The gist of the poster is, “If dedication to the country is a sin I owe that sin, if it is holy, I have a right to claim it.” Nathuram Godse is dead but his legacy of hatred still thrives on. He is the martyr! But not a terrorist!
On the other hand Mr.Pravin Togadia is very active in defending those accused, “A Hindu by definition cannot be a terrorist.” “describing a sadhvi as a terrorist sin” Mr. Narendra Modi too said, that the Army officer were doing their duty for the sake of motherland and he charged the UPA Govt. deliberately attempting to demoralise the security forces, suspecting them to be behind terrorist activities.
On one hand VHP, BJP and RSS are sharing one platform, rousing patriotic frenzy and on the other hand Narendra Modi’s Govt. is dissociating from VHP for obvious reason known to himself. A phony war between Modi and VHP is going on where Mr. Ashok Singhal has come to take charge against Modi’s Govt.It is a manoeuvre trick by Modi to camouflage his relations with VHP and remain insulated from any eventualities. Of course RSS repeatedly reiterate that it would not campaign for BJP.
The link of terrorism is spreading the span from Malegaon to Nanded, Kanpur, Jammu, Samjhauta express and so on. More over there are series of accidental bomb blasts here and there in different parts of the country with the recovery of unexploded bombs. Are these incidents isolated ones as was told about the blast in Kanpur in last August where two activists of Bajrang Dal died while making bombs?
The elections are going on in six states. These issues may have some impact on vote bank for both Congress and BJP. Sadhvi Pragya Singh has already become the Poster girl for BJP in the election. The BJP never lost any opportunity to clamour for stringent POTA like law, whenever there was any bomb blast.
EUPHORIA FOR GUJCOC AND ZERO TOLERANCE
Gujarat has been demanding for GUJCOC which is denied by Congress led UPA Govt. at Centre .
The GUJCOC was passed in Gujarat Assembly in April-2003. It was returned by the NDA Govt. The GUJCOC was again sent back for approval on June 19, 2004 . The Gujarat government again passed resolution to give consent to GUJCOC in last September, 2008. The similar kind of law MOCOCA is operating in Maharashtra led by UPA, But MOCAO was introduced in Maharashtra when NDA was in power. A euphoria had been created centering round GUJCOC and Modi appeals the people, NRIs, to write postcards, send e-mails to P.M. He appealed to make it a peoples’ movement. Modi said “those who are less for terror and more for terrorists are the one who opposes GUJCOC and POTO”. A war hysteria like atmosphere was created against the UPA Govt. As if there is a warring situation between Centre and State.
In absence of GUJCOC or POTA the accused can be booked under Indian evidence act as now many are arrested as terrorist in Gujarat. But Modi wanted MOCOC and POTA like act. Mr. L.K.Advani goes to the extent “This is a war against Nation and not against any particular party” . He called for zero tolerance towards terrorism. Of course during the regime of NDA, when POTA was very much operative, there were attacks on Parliament, Akshardham and incident of going to Kandahar to negotiate with the terrorists and so on. As soon as POTA was scraped, by the UPA Govt. just before one month of its lapse UPA was promulgated with provisions of POTA except the clause on confession before police.
A case was filed in Gujarat High Court against UPA Govt. on consent to GUJCOC. The UPA government in its reply in Gujarat High Court said since GUJCOC is similar to POTA the Indian government is bound by its electoral promises, so it can not allow it. Where as Modi says “Without a tough law like GUJCOC I feel helpless in dealing with terrorism”.
Narendra Modi spoken to the Prime Minister in person in Ahmedabad: ‘I am anguished to note that the government of India has not given any serious thought to any of my suggestions. Let not another city be added in the list of terrorist attacks. Let not more people lose their lives and limbs..’ At one point it appeared that UPA Govt may concede to GUJCOC.
In the National Integration Council held on 13th October, the issue of terrorism was forced by the BJP leaders side tracking the issue of communalism in Kandhamal and Karnataka. Advani had declared BJP’s poll agenda, NDA will enforce POTA if elected at centre.
Whereas Congress advocates for Federal Investigating Agency which will contain terrorism more stringently. It is clear that “More draconian anti terrorist law” are in card whether it is a UPA or NDA led Govt. in coming days.
MODERN TERRRISM GIFT OF AMERICA
The modern terrorism is associated with liberalisation, globalisation and is a gift of American Imperialism. The U.S. Patriotic Act followed by the United Nations Security Council’s resolution 1373 against terrorism after 9/11 catastrophic incident in America, resulted endless bombing and devastating the whole Afghanistan to end the centre of terrorism and flush out Osama Bin Laden in the name of War on Terrorism. As the junior partner of the U.S. Imperialism, the then NDA government held the joint session of Lok Sabha-Rajya Sabha which was only the third time in the history of the Indian Parliament that the extraordinary measure of calling a Joint Session was taken. POTA became law with 425 votes for the Act and 296 against, after a 10-hours debate.
Ironically the then Jansangh and later BJP opposed D.I.R., MISA during emergency by Indira Gandhi. Advani pleaded to enact it as a ‘duty to International community.” Ram Jethmalani, who was Union Law Minister at the time POTA was passed, told the media later that he deeply regretted it afterwards. "I supported it only because it was done in obedience to United Nations Security Council resolutions," he said.
And the present Chief Justice of Supreme Court of India Mr.Balakrishnan says a draconian law is likely to be misused. But all the ruling parties in this capitalist society are fond of draconian acts in the name of ensuring rule of law.
DRACONIAN ACTS IN INDA
Though India attained freedom in 1947 , number of draconian colonial laws are still operative in our country. Soon after the Indian constitution was accepted in 1950, the Indian government Promulgated PD (Prevention-Detention) Act: which lapsed finally in 1969 and paving path for MISA. About 1, 11,000 people were detained under MISA during emergency by Ms. Indira Gandhi.
There are a number of oppressive laws passed in the name of curtailing “terrorist” activities. At the Central level, there is,
1 The Prevention of Seditious Meetings Act 1911,
2 The Armed Forces Special Powers Act 1958,
3 The Disturbed Areas Act, the Unlawful Activities (Prevention) Act 1967,
4 The Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974,
5 The Disturbed Areas Special Courts Act 1976,
6 The National Security Act 1980,
7 The Prevention of Black-marketing and Maintenance of Supplies of Essential Commodities Act 1980,
8 The Anti-Hijacking Act, 1982,
9 The Suppression of Unlawful Acts against Safety of Civil Aviation Act 1982,
10 Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA) [Because of pressure of people’s movement it was scrapped , but remained in force till May 1995]
11 The Religious Institution (Prevention of Misuse) Ordinance 1988,
12 The Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988,
13 The Indian Telegraph Act,
14 The Information Technology Act 2000,
15 The Prevention of Terrorism Act, (POTA) 2002 [The government was forced to repeal the law on September 21, 2004] and so on.
The list of State-specific legislation includes
1 The Jammu and Kashmir Public Safety Act 1978, the Jammu and Kashmir Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1988
2 The Assam Preventive Detention Act 1980,
3 The Maharashtra Prevention of Communal, Anti-Social and other Dangerous Activities Act 1980,
4 The Bihar Control of Crimes Act 1981,
5 The Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers and Drug Offenders Act 1981,
6 The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act 1982 and others like this.
7 The Gujarat Prevention of Anti-Social Activities Act 1985,
8 The Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum-Grabbers Act 1985,
9 The Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act 1986.
Inspite of all this, not only central government , many state governments want more and more stringent law. The Rajasthan Control of Organised Crime Bill, 2006 . A draft of the Madhya Pradesh Control of Terrorism, Unlawful Activities and Organised Crime Bill: A draft of the Andhra Pradesh Control of Organised Crime Bill are awaiting the clearance of the Central Government since 2006. There is Karnataka Control of Organised Crime Act 2002 in Karnataka. As a matter of fact MCOCA, KCOCA all these were came in effect during NDA rule and states were also ruled by BJP led NDA.
The Violation of Human Rights in India
The misuse of the draconian acts and violation of human rights in India in past has remain a major concern for all democratic loving citizens.. The Terrorist And Disruptive Activities (TADA) – Act in 1987 was one of the most draconian acts in India. TADA remained in force for 10 years (up to 1995) Due to country wide protest it was dropped in 1995.During this period. 77,500 people were arrested. Only 19,000 people were arrested in Gujarat alone, where there was no militant activities. Out of this only 8000 cases were tried and 725 persons were convicted with the percentage of 0.81%.
On POTA Justice A.S. Anand the chairperson of NHRC said, “It did have some provisions to safeguard against its misuse though those provisions may not be enough. Care has to be taken to see that the provisions of POTA are not abused. There are apprehensions that POTA can be misused. Any law can be misused. What we have to see is whether there is an inbuilt mechanism to safeguard the Act from being misused. But more safeguards are required to be provided against its abuse. The rights of a person in uniform are equally important as those who belong to civil society and a balanced approach to both was necessary. No civilized country could allow terrorism to flourish, but one has to differentiate between a criminal and a terrorist. While all terrorists are criminals, it does not necessarily mean that all criminals are terrorists.”
The NHRC warned that “ if enacted, would have the ill-effect of providing unintentionally a strong weapon capable of gross misuse and violation of human rights which must be avoided particularly in view of the experience of the misuse in the recent past of TADA and earlier of MISA of the emergency days.-” and stressed for proper investigation of crimes, efficient prosecution of criminal trial”. It again said it was not for any lack of laws but for lack of the proper utilisation of this laws, lack of proper investigation, prosecution and lack of adequate number of courts for trial of offense .
As mentioned above the TADA was grossly misused in Gujarat and so also POTA which was targeted particularly against the Muslim community. It was first used in Godhra riot case and the confession was derived by the police by applying usual inhumanly torture. The blind, disabled, youths & minors were not spared from being arrested under POTA. Despite the recommendations by the POTA Review Committee headed by Justice Jain they were not released. On Godhra train Tragedy , the Jain Commission found that, “there was no evidence to suggest that the so-called conspiracy was allegedly hatched with an intent to threaten the unity, integrity, security or sovereignty of India or to strike terror in the people or any section of the people to qualify as a terrorist act, as defined under Sub-section 1(a) of Section 3 of POTA.” Though the Supreme Court has asked to drop the cases as per the recommendation of POTA Review Committee, they are yet to be released.
The figures of POTA detainees in Gujarat and all over the country will speak itself how it has been misused and how many are still in prison under TADA and POTA though these acts are lapsed. Justice Rajendra Sachar criticised the UPA Govt. for it’s failure to repeal POTA retrospectively. In June 2005 the POTA Review Committee reported that there were 11,384 persons wrongfully charged under POTA who should have been charged under regular law. According to Ministry of Home affairs , the NHRC recorded 6923 cases against the police, 35 against armed forces, and 39 against Paramilitary Force for violence against human rights in 2006 & NHRC has received 82,000 complaints of human rights violations during 2007.
Violation of Rights in Gujarat
According to Government of Gujarat figures, 223 persons remained "missing" after the 2002 violence, a majority of whom were Muslims. As per the version of family members and NGOs many were killed and their bones were found in mass graves. In December 2005 and August 2006, two such mass graves came to light in Kidiad town and in the Panam river bed near Lunawada town.
The Gujarat Government claimed that police initially arrested 5,384 persons in the city of Ahmedabad and 24,683 persons in the state as a whole and a very few number of these investigations actually led to convictions.. There was continued concern about the failure of the Gujarat government to arrest and convict those responsible for the 2002 violence. Convictions of Hindu perpetrators of the violence were minimal, while acquittals were common. According to an October 2006 report submitted by the federal government to an UN agency, six cases resulted in convictions, whereas 182 cases were aquittals. After agreeing to re examine the closure of 1,600 complaints as per instruction of the Supreme Court, Gujarat police concluded that a majority of cases could not be reinvestigated due to lack of witnesses. Empowered with POTA, there was ghettoisation of Justice in Gujarat .
Prevention of Anti Social Activity(PASA) is very much operative in Gujarat to control anti social activities. 40% cases lack evidence. In last two years , out of 3085 cases of PASA , the Review board has released 1175 due to lack evidence. In Ahmedabad alone out of 956 held under PASA, 236 released and similarly 246 out of 659 in Surat, 112 out of 429 in Baroda , 6 out of 6 in Gandhinagar. The use of PASA is more political than criminal or to enhance the figure of arrest for the sake of police record.
NECESSARY SAFE GUARDS
In the wake of violation of Human Rights related to terrorism the Amnesty International, UN Special Rappoprteur for Terrorism and Human Rights, Human Rights Watch and many others have always expressed concern that the human rights should be protected while combating terrorism. They have said laws against terrorism are ineffective and creating counter terrorists. They emphasised that the rule of law should be the bedrock of global fight against terrorism. The Amnesty International asked the Government of India to enact legislation to protect the Human Rights as per International Covevant on Civil and Political Rights and reform all Penal Code.
Former UN Secretary-General Kofi Annan has warned compromising human rights while fighting terrorism.
Even Supreme Court of India said in 1996, “Experience shows that worst violations of human rights take place during the course of investigation, when the police with a view to secure evidence or confession often resorts to third degree methods including torture and adopts techniques of screening arrest by either no recording the arrest or describing the deprivation of liberty merely as a prolonged interrogation”
Supreme Court also said terrorism thrives when human rights are violated. Justice Rajendra Gadkar expressed anxiety about the extra ordinary powers and warned the detrimental effect long back. He said, “freedom of the citizens cannot be taken away”. Justice Jain said every terrorist may be criminal but every criminal cannot be labelled as a terrorist to set the motion the more stringent provisions of anti- terrorist law.
The True Colour of UPA Govt.
But Mr. M. Verrapa Moily, the Chairperson of Administrative Reform Committee too favours stringent laws like POTA or TADA and says UAPA has no teeth in comparison of TADA and POTA where there are provision for designated courts and special courts. The Unlawful Activities (Prevention) Act has, however, have no provision for special courts. Moily says,“There is ample evidence to indicate that terrorists have been able to escape the law either by exploiting the loopholes or by intimidating witnesses to subvert justice,”. This reflects the attitude of Congress led UPA Govt. on Anti Terror Act.
Religion and Terrorism
Is there any link between Terrorism & religion ? Though this question surfaced in 2006 blast in Nanded it has come out again centering round the arrests of Pragya Singh, so called Shankaracharya - Dayanand Pandey. So long there was no problem when terrorism was associated with Muslims but as soon as Hindu terrorism is used, it has become difficult to digest.
The type of terrorism are different from place to place. The terrorism in Assam or the terrorism in Kashmir or in North East or previously in Punjab are different in nature and objective. The terrorism of PLO or the Irish freedom fighters are also different. There are 100 types of terrorism as per the definition of U.S. A. The Supreme Court of India also tried to define terrorism in a limited sense but there is no single definition on terrorism.
Face less Terrorism-
The terrorism is faceless and has no religion but the face was given to Islam after the 9/11 creating a Islamophobia through out the globe . The war on Terrorism was targeted towards Muslim. Of course the American society has tried to unmask the design of Bush of his War on Terror. The Oscar awarded film Farrenhit 9/11 by Michael Moore has raised the question on the so called War on Terror. A section in U.S. A. also believes that the attack on WTC was self implicated injury by Bush.
Prior to giving a name to the terrorism a conducive mind was prepared through world wide debate on the book ‘Clash of Civilisations & the Remaking of World Order ’ written by Huntington funded by C.I.A. and the opinion was created all over the world that Islamic world is barbaric .The fingering on Islam was so deep that one after another films were produced on Islamic terrorism and media was in sway. Film “Wednesday” is just an example in India.
Between 2004 and 2008, India has witnessed at least 25 major bomb blasts , in which 717 people were killed and hundreds injured. In all 8 Mosques and 2 temple were attacked. But all the time it was painted as the act of Muslim Terrorism. But why the Muslim would attack their own place of prayers - the Masjid ? The answer was that the Muslims are doing so to provoke the Muslims against the Hindus and all believed it because the propaganda machinery as well as the administration were hammering the mind of people continuously.
Undoubtedly both the BJP and the Congress are trying to garner votes in the present state assembly election and ensuing Lok Sabha poll centering round terrorism. When BJP term it as a political conspiracy and Congress accuses in the words of Abhishek Sanghvi as an attempt to “infiltrate, influence and convert” our institutions including the Army. Truly , the issue of Terrorism is lost in this electoral battle.
Infiltration of Militant Majoritism in Administration
It can be brushed aside that the Militant majoritism is being practiced for last twenty years and
entrenched into the govt. administrations. The film “Shaurya’ has tried to just give a hint of the attempt of safronisation of Army. Are the retired Military officers giving training to the Hindu militants in Bhosle Military academy in Nasik, which was founded by Munje in 1930s? The link of Military personnel, Sadhus, Sadhvi, Abhinav Bharat, Bajarang Dal, Durga Vahini and so on is an alarming signal. The involvement of captain Purohit is now an open truth.
.The Genuineness combating Terrorism
The Nanded Bomb blast which took place in 2006 was dropped in a hush hush way but why and under whose hidden instruction. And now on the eve of the election the UPA appears to be over enthusiastic to pursue the cases of bomb blasts one after another creating a shadow of doubts. Can it be ruled out that after so much exercise of the ATS and shadowing it’s web of enquiry length and breath of the country, creating so much hype with shocking news everyday would again be dropped out because of lack of evidence? In India many cases were dropped because of lack of evidence. Even the Muslims are suspicious about the time chosen by Congress led UPA Govt.to create such hype. Jain Hawala is just one to mention among many where from Advani was implicated
The Double Standard of Advani
On one hand there is a demand for stringent law against the terror and on the other hand the high profiled leaders like L.K. Advani , Rajnath Singh are vocal fuelling Hindu anger with a threat of civil war by Rajnath Singh which clearly exposed the narrow sectarian attitude of Sangh Parivar combating the terrorism. Tackling terrorism should be uniform and there should not be any discrimination between the religion. But unfortunately the whole Sangh Parivar has come out nakedly opposing the investigation of the Terror Trio and others by ATS. The judicial enquiry should be applicable to all the accused irrespective of caste, creed, position, religion, region where human rights be the core of concern for not only the human right activist but all ruling parties and Citizens . But it is absolutely missing from the so called aggressive protagonist of POTA, GUJCOC Mr. L.K.Advani, is very partisan. His utterances may give wrong signal to the investing agencies of the Govt. The leading News Papers of the country have cautioned BJP and Advani for the irresponsible outrage and to mind his words.
Extra-constitutional means to defame Terror probes
Advani who tried to remain aloof from the whole issue and was in dilemma to own or disown Sadhvi Pragya Singh, now he has opened his mouth, when Pragya Singh alleged in her affidavit that she was , “physically and psychologically tortured and abused in obscene language “in custody. At this the heart of Advani melted and outrageously said, "barbaric treatment" meted out to a "spiritual person". Advani who had so far taken the “terror is terror” line, maintaining that the BJP has nothing to do with Pragya Singh and, if found guilty, she should be punished. The Prime Minister of India Mr. Manmohan Singh called Mr. L.K. Advani to allay the fear on investigation by ATS and sending the National Security Advisor Mr.M K Naryanan to meet the BJP leader on Friday to discuss the ongoing ATS probe where Intelligence Bureau ChiefMr. P C Haldar will also be present.To this Advani reportedly told the Prime Minister, “They are welcome. But no one can restrain me from reacting to such barbaric treatment to a sadhvi, sanaysin.” It is yet to be seen what is going to happen after the 26th. November Religious meet in Delhi which was decided in Panipath Conclave.
All the accused under POTA in Godhra cases like Maulavi Umarji were similarly treated. Blind and boys of minor age were not spared.Their affivavites were not admitted or read.The tearsof the family members never moved the heart. Of course there is “No Remoarse”. Though POTA review Panel recommended to drop the cases due to lack of evidences. The Supreme Court has also asked to drop the cases but the Godhra accused are still languishing in prison and never Advani or his comrades in arms expressed any concern for them. Now the MCOCA has been invoked on all ten accused as a part of an organised crime syndicate where the confession before the police is considered valid.. This MCOCA was made applicable in Delhi through a Home Ministry order of February 1, 200 by N.D.A. Govt.
What MCOCA can be?Death sentence or life term and a penalty of Rs 10 lakh,Special courts to try terrorism cases in time-bound manner,Bail provisions tougher than those in CrPC,Attachment of property bought by terror funds,Cops can intercept, record electronic & oral communication, Statements given to police admissible as evidence in court.
The ATS finding can be questioned. Even the Narco test is a human right violation. But, Justice Manmohan of Delhi High Court has upheld the validity of Narco analysis in view of “growing terrorism and heinous crime" and emphasising the Constitutional rights remain infringed and thorough and proper investigation be under taken.
Compensation are declared for the alleged accused arrested in Hyderabad bomb blast by Andhra Pradesh Govt. Will the same will be followed in Gujarat and other states?
What Mr. Advani and his colleagues should learn from this Malegaon Sadhvi episode that draconian laws, like POTA. MCOCA or GUJCOC can back fire. There should be a general consensus for judicial enquiry and criminal Justice and respect for human rights and democratic rights. The emergence of extra constitutional power based religious fundamentalism has to be contained to safeguard the multiculturalism tradition of our country. But Kandhmal is still on boiling pot. As per the Chief Minister of Orissa the normalcy is yet to be restored. All Orissa Bandh call has been given again this year on 25th. December. The tribal organisation headed by Kui Samaj has given a fresh call demanding the with drawl of Military force from Kandhmal. More over sordid tale of the gang rape of the nun which shocked the Nation is facing now public rape in the name of defaming Hinduism.
A Fatwa against Terrorism
All the human rights organisations of our country and the world have expressed concern for the detainees and the accused and raised voice against the abuse of power which must be honoured. Here the Sangh Parivar has absolutely failed to rise above their narrowness. How far it is advisable to use extra-constitutional means to defame terror probes. The core of the all religion is peace. Recently the Muslim clerics gathered in Hyderabad and condemned terrorism and are out to spread the message of peace throughout the country. They have declared Fatwa against Terrorism. In contrast the Hindutva forces are spreading the hatred without having a scant respect for Multi Culturalism, endorsing the Golwalkar’s dictum who said, that Hindus could profit from the Nazis who raised race pride by purging the Jews. He said the foreign raiders of Hindustan , the Muslim and the Christians must accept Hindu Culture or subordinate to Hindu Nation claiming nothing, deserving no privilege.
Custodial Deaths -Alarming
Once one is in police custody, the hell fall on the accused. There are many custodial deaths in the country, and the third degree method is applied to derive confession with utter disregard to the warning from Supreme Court, NHRC and other human rights organisations. The statistics of NHRC shows that in the last five years 7,468 persons at an average of 1,494 persons per year or four person in a day died in police and prison custody in India from 2002 to 2007. However, these figures represent only a fraction of the actual cases of torture. Cases of torture not resulting in death are not recorded. But once one is accused as a terrorist, there is absolute rationalisation of violation of all kinds of human rights. This is case in Guantanamo or the Iraqi prisoners treated by the U.S troops.
Under these circumstances can we distinguish between their terrorist and our terrorist? Let the law take its course. Let the investigation on terrorism be meticulous, impartial and transparent.
Resist Fascist onslaught
The fundamental rights of the citizens are inscribed in our Constitution. But it takes no time to trample them in the name of country’s security. Due to bad governance there are communalism, casteism, parochialism, regionalism, terrorism and to control them draconian laws are enacted. The power has been concentrated in the hand of bureaucracy. The rule of law replaced by rule through draconian laws.
There is a competition between the ruling parties who can provide stable govt. to keep growth rate of the economy in the name of globalisation and liberalisation unchecked so there is a peculiar combination of development with the violation of human rights in the name of war on terrorism. In the present neo liberal economy and the issue of terrorism is taking centre stage and the mind of the people is diverted towards communalism and ethnic conflict.
There is a competition between main ruling parties Congress and BJP who can be more effective, soft or hard towards terrorism. In this conflict the core issue of terrorism is lost and the human right is crucified. Under this circumstance when there is Kandahmal and the serial bomb blasts across the country, the implication of draconian acts of POTA or GUJCOC has to be grasped.
A true religious person can never support terrorism on behalf of his / her religion. The self proclaimed appointee of these terrorist organisations operating in the name of religion must be combated and isolated not only by a political will of the govt. but by creating a strong socio political cultural movement involving the broadest section of the people infusing the spirit of religious tolerance and secularism. More the secularism is strengthened in the society the religious fundamentalism and terrorism is defeated. Terrorism should be dealt firmly involving the whole society, by de-communalisation and de-criminalisation of police and the administration.
Date- 20-11-8.
Talking about human right, it should be honored. Each person has human right. Wherever and whoever, we should honor the human right of each person. Tolerance would also be an important key for world peace.
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