Friday, July 27, 2012

Appeal to NHRC - Assam - Urgent Action Required


Appeal to the National Human Rights Commission on Humanitarian Crisis in Assam -- URGENT INTERVENTION NEEDED




Prominent citizens, activists and scholars have written an URGENT APPEAL to the National Human Rights Commission Chairperson K G Balakrishnan to immediately intervene for a non-partisan and comprehensive investigation/overview of the Humanitarian Crisis that has struck assam. By today 300,000 displaced persons were lodged in 203 Relief camps and while water, food and medicines were still to reach the NHRC mandate and presence would give confidence to the people ridden by conflict. The appeal complaint in the form of a letter (pasted below) also warns of the divisive discourse that has unnecessarily coloured understanding of the factors behind the conflict.


Teesta Setalvad, Mumbai






July 27, 2012

To,
Justice KG Balakrishnan
The Chairperson
National Human Rights Commission

Dear Sir,

We write this with anguish and concern as citizens committed to its deep secular and peace loving ethos, to urgently intervene through a Special Rapporteur visit of the conflict ridden parts of Assam. The Humanitarian crisis has reached staggering proportions with approximately 3,00,000 persons in 203 camps in the state. Access to water, food and medicines has been poor and only from today (according to our conversations with the State DGP Shri JN Chaudhary) have basic amenities started reaching the affected communities. An independent visit by your esteemed self to monitor the disbursement of basic amenities will spur on the authorities as also restore the confidence of the people who s fundamental rights have been affected due to the escalation in conflict. We expect to have detailed figures from the state DGP in a few hours which we shall also pass on to you Sir).

Extensive reportage of the plight of displaced persons from Khokhrajar camps have been covered; similarly the plight of internally displaced refugees in the camps at Dhubri where residents belong to the Muslim minority need focus. At such critical and sensitive times –especially when we have divisive forces who would like to reduce all discourse to a communal one it is imperative that a holistic and even handed picture of thje plight of all those affected is given. Consciously or inadvertently, one sided portrayals can create local, regional and national perceptions that can further polarise and aggravate the situation.

In 1999 the NHRC intervention in the aftermath of the Orissa Cyclone and then in 2001 after the Kutch earthquake (Gujarat)  raised ordinary’s people faith in the National body committed to fundamental freedoms and human rights. We hence appeal to you Sir to take steps forthwith to ensure that NHRC intervenes and sustains its intervention through a monitoring of the conflict and crisis.

Sir, on July 25, 2012, the signatories to this appeal had written in an Open Letter to Shri Tarun Gogoi, the  Chief Minister of Assam  as head of the government in Assam to take all steps to ensure that violence stops, security is given to all displaced and dishoused by the violence so that they may return to their homes forthwith; adequate reparation for the lives lost and homes and other properties destroyed is paid and more than anything else a Fair and Time Bound Judicial Investigation by a Sitting HC Judge is conducted into the build up and fallout of the violence.

What concerns us deeply is the divisive discourse that seeks to create legitimacy for the violence by words and phrases like "infiltrators." Since the mid 1990s tensions have simmered between the majority Bodo Councils and other settlers, including Muslims, despite the fact that the latter’s status was recognised in the Assam accord. Yet under the guise of discriminating between the two a small skirmish blew into a full blown communal conflagration; while the ethnicity of the over 42 persons who lost their lives does not matter, the fact that the five persons who lost their lives to police bullets are from the minority has generated fear. There are now close to 3,00,000 persons in relief camps and they must be assisted with due security to return to their homes immediately. Dialogue must begin between the majority Bodo villages and the other settlers, who include Muslims, settlers for integrated rehabilitation. The conflict in the Bodo Territorial Autonomous Districts (BTAD) has unfortunately brewed between the Bodo majority and the non-Bodos that include Muslims, Koach Rajbongshis , Santhals and Adibashis –not just Bodos and Muslims as being portrayed. It is a conflict related to access of land and representative governance.

Respecting your commitment to intra community peace we appeal to you to respond to this anguished appeal.

On July 6, 2012, two Muslim leaders were shot dead by Bodos at Fakiragra of Kokrajhar district and two others- Mohibul Islam and Abdul Siddik Sheikh, the founder President of Bodoland Muslim Students Union and former President of All Assam Students Union were injured with bullets on July 19, 2012. The tense atmosphere was further fuelled when four ex BLT cadres with arms reached to Narabari near Joypur of Kokrajhar district on 20th July at 8-30 PM on two motorcycles and started firing openly threatening Muslim residents of the area. This aroused the local residents who fought against the ex-BLT cadres, caught them and killed them.  The dead have been identified as Pradip Boro (32), Jwngshar Boro (36), Nip Goyari (25) and Jamin Goyari (24).

The next morning people of Kokrajhar took out a procession carrying the bodies of the four youths killed the night before. Chandan Brahma, PR Brahma, MLA, Derhasat Basumatary, EM, BTC, MK Brahma, EM, BTC and other top leaders of BPF were present in this procession. These incidents led to the burst of a conflict that had, by  now turned communal in BTAD between the Muslims and the Bodos. A group of Bodo cadres got violent with arms and started killing the innocent Muslims. In the wee hours of  July 21, 2012 they shot dead Sahadat Ali (50), Fozela Bewa (45), Monjela Begum (6), Azad Ali and Robiuddin Sheikh (10). All the deceased belonged to one single family. Many such attacks have been reportedly carried out by the Bodos in other parts of the district where few other Muslims died and many more got injured. This communal violence in the subsequent days spread all over the BTAD areas where innocent people lost their lives and many got injured. Though the official toll of lives lost is 45, it is feared that in actuality, the death toll is much higher than the official claim.

Terrorised Muslims and Bodos of the BTAD have left their houses and have taken shelter in different camps. In the riot thousands of houses of hundreds of villages of Kokrajhar and Chirang districts of the BTAD areas have been burnt into ashes. Many of the victims have found shelter in the houses of their relatives outside the BTAD area. In some retaliatory attacks Bodos have also lost their lives and many of them too have taken shelter in the relief camps.

The casual attitude of the administration, at least initially, as the build up took place from July 6 onwards and the delay in calling in the army has aggravated matters. There are allegations that the Assam police and Army even remained silent seeing the Bodo miscreants roaming around with arms. Statements made by leaders of different factions in flaming the situation also need to be studied and acted against. It is in this context that the loose use of the term “infiltrators” has been used to create further confusion and polarise the local and national discourse. The Chief Minister Tarun Gogoi has clarified in a press meet held in Guwahati that no such elements were involved in the clashes and these allegations were baseless. The Minister appealed to his own colleagues to restrain themselves from making such comments for the sake of maintaining peace.

The need of the hour is to ensure the return of all displaced persons including all non Bodo communities to their lands and villages. The National Human Rights Commission needs to perform the role of a neutral and impartial agency committed to the fundamental rights, regardless of caste, tribe or community. Sir we appeal to you in this connection.

In anticipation of an urgent response,


Yours Sincerely,


Teesta Setalvad, Secretary, Citizens for Justice and Peace, Mumbai
Dr Asghar Ali Engineer, Mumbai
Prabhat Patnaik, Delhi
Harsh Mander, Delhi
Mallika Sarabhai, Ahmedabad
Dolphy D’Souza, Mumbai
Ram Puniyani , Mumbai
Irfan Engineer, Mumbai
Hasan Kamal, Mumbai
Zafar Agha, Delhi
MM Tirmizi, Ahmedabad
Javed Anand, Mumbai
Rupa @Tanaz Mody, Ahmedabad
Sairabehn Salimbhai Sandhi, Ahmedabad 
Salimbhai Noormohammed Sandhi, Ahmedabad
Tanveer Jafri, Surat
Rajendra Prasad, Delhi
Ram Rahman, Delhi
M K Raina, Delhi
Rohit Prajapati, Vadodara
Trupti Shah, Vadodara,
Juzar Bandukwala, Vadodara
Cedric Prakash, Ahmedabad

Wednesday, July 25, 2012

OPEN LETTER AND APPEAL TO SHRI TARUN GOGOI, HON'BLE CHIEF MINISTER OF ASSAM








July 25, 2012

 

To,

Shri Tarun Gogoi
Hon'ble Chief Minister of Assam


OPEN LETTER AND APPEAL

Dear Sir,

We, citizens of India committed to its deep secular and peace loving ethos appeal to you as head of the government in Assam to take all steps to ensure that violence stops, security is given to all displaced and dishoused by the violence so that they may return to their homes forthwith; adequate reparation for the lives lost and homes and other properties destroyed is paid and more than anything else a Fair and Time Bound Judicial Investigation by a Sitting HC Judge is conducted into the build up and fallout of the violence.

What concerns us deeply is the divisive discourse that seeks to create legitimacy for the violence by words and phrases like "infiltrators." Since the mid 1990s tensions have simmered between the majority Bodo Councils and Muslim settlers despite the fact that the latter status was recognised in the Assam accord. Yet under the guise of discriminating between the two a small skirmish blew into a full blown communal conflagration; while the ethnicity of the 32 persons who lost their lives does not matter, the fact that the five persons who lost their lives to police bullets are from the minority has generated fear. There are already 1,70,000 persons in relief camps and they must be assisted with due security to return to their homes immediately. Dialogue must begin between the majority Bodo villages and the Muslim settlers for integrated rehabilitation.

Respecting your commitment to intra community peace we appeal to you to respond to this anguished appeal.

 


Teesta Setalvad, Mumbai
Javed Anand, Mumbai

Dr Asghar Ali Engineer, Mumbai
Ram Puniyani , Mumbai

Irfan Engineer, Mumbai
Hasan Kamal, Mumbai

Zafar Agha, Mumbai

MM Tirmizi, Ahmedabad

Rupa @Tanaz Mody, Ahmedabad
Sairabehn Salimbhai Sandhi, Ahmedabad

Salimbhai Noormohammed Sandhi, Ahmedabad
Tanveer Jafri, Surat

Rajendra Prasad, SAHMAT, Delhi

Ram Rahman, Delhi

M K Raina, Delhi




Sabrang Communications & Publishing Pvt. Ltd.

P.O.Box 28253, Juhu Post Office, Juhu, Mumbai 400 049. Tel.: 26602288 / 26603927, Fax: 26602288






--
Teesta Setalvad
'Nirant', Juhu Tara Road,
Juhu, Mumbai - 400 049

http://teestasetalvad.blogspot.com/

www.cjponline.org
www.gujarat-riots.com
www.sabrang.com





Wednesday, July 11, 2012

A long, painful journey; finally a vindication (Teesta Setalvad)


A long, painful journey; finally a vindication

Teesta Setalvad mirrorfeedback@indiatimes.com 





http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=MMIR/2012/07/10&PageLabel=10&EntityId=Ar01001&ViewMode=HTML

MM

10JUL2012



    It's been 10 long years and we've had so many convictions which we did not or could not get after the violence in Mumbai in 1992-93. What we at Citizens for Justice and Peace have been interested in, is the process of ensuring fair trial. The fact that four have been convicted by the Bombay HC on Monday when all were acquitted in Vadodara has justified our stand. (We must also understand that none of the injured bakery workers who became witnesses were even brought forward by the prosecution in Vadodara and the prosecutor functioned in a partisan manner).
    The rest is a judicial assessment of evidence.
    It has been a long painful journey but a huge vindication for those interested in the struggle against impunity. The issues of witness protection, the independence and integrity of the public prosecutors, delays in trials and independence of the police force were epitomised by this case and what it stood for. More than anything else, this struggle has underlined the crucial need for the higher judiciary to monitor trials in mass crimes.
    When false allegations were made in 2004 against us, I approached the SC to order an inquiry into them – not the hostile witness, not the government of Gujarat. The government of Gujarat, strangely gave commando protection to a witness who had turned hostile!
    The Registrar General (SC) BM Gupta's report exonerated us of any of the alleged crimes and found Zahira guilty of being induced. A subsequent Income Tax Inquiry into the personal holdings of Madhu Srivastava, ruling party MLA, ordered by the SC found him guilty of giving Rs 18 lakh to unknown sources. It is necessary to recall this painful trajectory today to understand to what extent the Gujarat government will go to impede the struggle for justice. While Zahira served a year's term in jail, Srivastava has gone scot-free
though he disrupted
judicial proceedings
and tampered with
evidence.
    The campaign against us was, and is, vicious and motivated by powerful forces who wish to impede our legal aid assistance to the victims of t h e G u j a r a t carnage.

 

http://epaper.timesofindia.com/Repository/getimage.dll?path=MMIR/2012/07/10/10/Img/Pc0100500.jpg

 

 

http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=MIRRORNEW&BaseHref=MMIR/2012/07/10&PageLabel=10&EntityId=Ar01000&ViewMode=HTML

MM

10JUL2012

HC acquits five in Best Bakery riots

The court, however, upheld the life term handed down to four other accused by a trial court

Mumbai Mirror Bureau mirrorfeedback@indiatimes.com 



    The Bombay High Court on Monday acquitted five accused in the 2002 Best Bakery riots case for want of evidence, but upheld the conviction of four others sentenced to life by a trial court.
    A division bench of Justices VM Kanade and PD Kode — who had on July 3 reserved the judgment on the accused's appeals against the trial court ruling — upheld the sentences of Sanjay Thakkar, Bahadur Singh Chauhan, Sanabhai Baria and Dinesh Rajbhar. The judges relied on the statements of four injured witnesses, all of whom worked at Best Bakery in Vadodara, Gujarat. The witnesses had identified the accused and said that they were armed with swords and other weapons.
    On March 1, 2002, two days after the Godhra train carnage, a mob attacked the bakery and killed 14 people, mostly Muslims. Seventeen people were named as accused in the case, and a special court in Mumbai convicted nine of them in 2006.
    The nine accused had then moved the High Court, challenging the ruling. The division bench commenced day-to-day hearings over their appeals in March this year.
    The bench overturned the trial court's order against Rajubhai Baria, Pankaj Goasvi, Jagdish Rajput, Suresh, alias Lalo Devjibhai Vasava, and Shailesh Tadvi, saying there was no evidence against them. The judges said none of the witnesses had "attributed" any role to them during the riots.
    In a twist to the case, one of the witnesses, Yasmeen Shaikh, had filed a petition in the court stating that she was "lured and misguided" into giving a false testimony against the 17 accused by activist Teesta Setalvad. She sought her evidence to be recorded again at the stage of appeal.
    The court, however, said that it would first hear and decide on the accused's appeals. Teesta then filed an intervening application asking the court to hear her view while deciding the appeals. The court will pronounce its order on the applications filed by Shaikh and Seetalvad later.
THE BEST BAKERY INCIDENT
On March 1, 2002, two days after the Godhra train carnage in Gujarat, a mob of 1,200 attacked Vadodara's Best Bakery and killed 14 people, mostly Muslims. The bakery, run by a Sheikh family, was set ablaze by the rioters. Three Hindu workers employed by the family were among those killed.
WHY THE CASE LANDED IN MUMBAI
The Best Bakery case was moved to a special court in Mumbai for retrial after a court in Gujarat acquitted all 21 accused.
THE TRIAL COURT VERDICT
Of the seventeen people tried by the special court, nine were convicted and handed down life terms in 2006. Judge Abhay Thipsay pronounced the order in a high-security Mazgaon court packed with lawyers, media persons, activists and celebrities.
    Judge Thipsay decided against handing out the maximum death penalty. "The prosecution didn't seek it and moreover there was no eyewitness account that detailed the specific role of each accused,'' he had observed.
    The star witnesses in the case, Zahira Khan and her family, who turned hostile during the trial, were pulled up by the court.
    Judge Thipsay issued perjury notices against Zahira, her mother Seherunissa, sister Sairabanu and brothers Nafitullah and Nasibullah. The family was asked to explain why action should not be taken against them for "giving false evidence".




--
Teesta Setalvad
'Nirant', Juhu Tara Road,
Juhu, Mumbai - 400 049

http://teestasetalvad.blogspot.com/

www.cjponline.org
www.gujarat-riots.com
www.sabrang.com





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Thursday, July 05, 2012

An Open Letter to Mr. P.A.Sangma from Fr. Cedric Prakash sj (5th July, 2012)







       Prashant              .A  Centre  for  Human  Rights, Justice  and  Peace

                                                         Post   Box   No.   4050,    Navrangpura,   Ahmedabad  380 009,    Gujarat,    India

                                                                            Tel. :    +91 (079)  66522333,   2745 5913 .    Fax :   +91 (079)  2748 9018

                                                         Mobile :  9824034536 .  e-mail : sjprashant@gmail.com    .           www.humanrightsindia.in

 

 

 

 

 

AN OPEN LETTER TO MR. P.A. SANGMA

 

 

5th July, 2012

 

Mr. P. A Sangma

Presidential Candidate

Camp: Ahmedabad

 

Dear Mr. Sangma,

 

Welcome to Ahmedabad! 

 

Ahmedabad which is over 600 years was founded by a great and benevolent ruler: Ahmed Shah who transcended the narrow boundaries of religion; besides, from the sanctity of his ashram, on the banks of the river Sabarmati, Mahatma Gandhi, the Father of our Nation gave to the world his twin doctrine of 'Ahimsa' and 'Satyagraha'.

 

Sir, it is necessary for me to provide you with this brief introduction because as a Presidential candidate, it is important at this stage, that you demonstrate every possible desire to safeguard the sacred principles of the secular Constitution of India namely Justice, Liberty, Equality and Fraternity.

 

What makes it imperative for me to write this Open Letter to you, are your recent utterances on the BJP and the right-wing elements of the country which clearly indicate that should you become the President of the country, you will abandon all propriety and will not be able to function as the final guardian of the Constitution of India.

 

When you were questioned about the attacks on the Christians in Kandhamal and other parts of Orissa, your response has been 'where is the proof that the BJP has done it? Don't make wild allegations!' The point is either you have not done your homework or you would conveniently like to forget that in the run-up to the last Orissa elections 2009, your main backer to these Presidential elections Mr. Naveen Patnaik, very clearly said that the BJP was responsible for the attack on the Christians in Kandhamal. 

 

If you so wish, we could give you a whole list of BJP leaders (including those arrested) both from Orissa and outside, who are responsible for fomenting the violence. So it is indeed sad, when people like you brush off such incidents as 'one or two; here and there' as though it is of no consequence for hundreds and thousands be it in Orissa, Karnataka, Madhya Pradesh, Gujarat or any of the BJP-ruled states. 

   

Since, you very eloquently maintain that at the heart of Christianity is forgiveness, (unfortunately, you do not demonstrate this act when it comes to dealing with your opponents.) let's forget Christians and focus on what happened in Gujarat in 2002 when thousands of  Muslims were brutally attacked, raped, burnt alive, dispossessed of their homes and lands, in what is known the world over as the 'Gujarat Genocide'!            Mr. Sangma, I would like to know what is your stand on this?  Or is it once again for you 'something small; here and there?'  It sounds like a joke! Should you become the President of India, would you be able to defend the Constitutional rights and freedom of every citizen of this country?

 

What about the anti-conversion law we have in Gujarat? It could easily rate as the most draconian law in any democracy of the world. Just take a moment out of your busy schedule and go through it and let us know if it is not violative of Article 25 of the Constitution of India.

 

We do appreciate the fact that you are a tribal but I am not sure what is your take on the fact that the adivasis of our country are derogatorily referred to as 'Vanvasis'.  There is indeed a great difference between being the original inhabitants of the land and mere forest-dwellers!  The tribals in Gujarat, as in many parts of the country, have lost plenty of what is rightly theirs because of the nexus between the politicians and the other vested interests.  If you look carefully, you will see how the tribal identity is systematically denigrated by these groups.

 

To top it all, you were actually a candidate that was put forward by the BJD and the AIADMK.  The BJP had in fact no candidate to offer the nation. They apparently did their best to find a suitable candidate but were unsuccessful.  So of course, without wanting to rock the boat of potential allies, they plummed for you and tomorrow obviously after you lose, they will go to town to say, that they were supporting a Christian and a tribal! (The fact is, they have been consistently against both: Christians and tribals) 

 

Mr. Sangma, what we need for this country is a statesperson (not someone defined by religion or ethnicity) to hold the high office of the President of India; a person who is not only able to cherish the lofty principles enshrined in the Constitution of India but someone who can doggedly defend these, at whatever the cost.  By aligning yourself with the divisive and fascist forces of this country, you have aptly demonstrated that you do not fit the bill.

 

We sincerely hope that by visiting Ahmedabad and particularly Gandhi's ashram, you would in some small measure, imbibe the legacy left to us by great men like Ahmed Shah and Mahatma Gandhi. If you do so, it will certainly stand you in good stead post - July 19th to work for tribal unity in this country and the repeal of the Armed Forces Special Powers Act (AFSPA) in the North-East and in Jammu and Kashmir. …!

 

God bless you!

 

 

Fr. Cedric Prakash sj

Director







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