Why Bombay HC granting bail to Hindu Rashtra Sena men in Mohsin Shaikh murder case is worrisome


The court’s logic for favouring bail in religious hate crimes will help heighten the existing communal bias of state agencies.

Proceedings in Justice Mridula Bhatkar’s courtroom at Bombay High Court are conducted briskly, even brusquely. A speedy pace of case disposal leaves scant cause for complaint due to delay.

However, one of the cases disposed in January 2017 has been the subject of much comment and criticism by the legal fraternity and other sections of civil society. A group of lawyers from Pune has even petitioned the Chief Justice of the court to take suo-moto cognisance and quash the order, which they feel gives sufficient ground for doubting the court’s religious impartiality.

Bail is welcome, but crimes claiming religious provocation cannot be entitled for favoured treatment

The court had granted bail, an act normally worth commending in a country where courts often do not implement the principle of “bail not jail” laid down 40 years ago by the Supreme Court. It was not the fact of grant of bail but the reasoning given by the court that was at issue.

The accused were three persons of the Hindu Rashtra Sena, charged with the murder of a Muslim engineer, Mohsin Shaikh. It was in the nature of a hate crime, with the religion of the deceased being the only reason for his killing. However Justice Bhatkar’s reasoning was that the religious motivation for the crime was a factor in favour of the accused, which entitled them to bail.

To quote the order,

“The applicants/accused otherwise had no other motive such as any personal enmity against the innocent deceased Mohsin. The fault of the deceased was only that he belonged to another religion. I consider this factor in favour of the applicants/accused. Moreover, the applicants/accused do not have criminal record and it appears that in the name of the religion, they were provoked and have committed the murder. Under such circumstances, I allow the Bail Applications.”

The court thus quite clearly seems to lay down that those murder accused who have religious hate motives against the person/s they have killed deserve more favourable consideration than accused having personal enmity motives. It also suggests that being provoked to murder in the name of religion can be claimed as a mitigating factor.

Unconstitutional and perverse reasoning

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The logic of this judgment has come in for all-round criticism, with former Supreme Court Justice PB Sawant even calling it unconstitutional, as it went “against the principles of secularism as well as equality”. He even argued that under such perverse reasoning one would also have to release jihadis accused of murdering people on the ground of religion.

There is however scant possibility of Justice Bhatkar applying her logic of religious provocation in the reverse direction – where the accused is Muslim. She in fact had, during her stint in the Bombay sessions court, faced protests of bias from the Muslim accused in the 2006 train blasts case.

They had even demanded that their case be transferred to another judge as they believed she was influenced by her husband Ramesh Bhatkar, who was purportedly linked to underworld don Chhota Rajan, known for several murders of lawyers and accused in terror cases.

Going by the trend in bail in cases concerning Muslim terror accused, the possibility of the Bhatkar judgment being of use to them to attain liberty is remote. The bias in the criminal justice system against Muslims framed as terrorists has been well documented in books such as Kafkaland and Framed as a Terrorist. The latter is the story of Amir Khan who had to spend 14 years in Tihar jail before being set free.

Jurisprudential opening for hate crime perpetrators to escape punishment

The real danger of this judgment lies in the jurisprudential opening it gives to those in the criminal justice system who are already using all present loopholes to ensure that Hindutva-inspired perpetrators of hate and terror crimes escape punishment.

Maya Kodnani, convicted of mass murder of over 90 Muslims during the Gujarat riots, is roaming free after serving less than two years of a 28-year sentence; her co-accused Babu Bajrangi has, in the space of just four years of his sentence, been released on temporary bail 14 times for periods extending from seven days to three months.

During the weeks after the Bhatkar judgment, the Bombay High Court was witness to repeated attempts by the NIA (National Investigation Agency) to facilitate bail for terror accused Sadhvi Pragya. The agency first gave a “no objection” to her bail plea and then dubiously claimed ignorance regarding crucial evidence against the accused.

They are only continuing along a path made clear when they moved to shunt out special public prosecutor Rohini Salian from this case, when she refused to play ball with their plan to go soft on the terror accused.

The NIA policy of softness towards such accused has already notched up its first “victory” on February 1, 2017, with the complete acquittal of Sadhvi Pragya and all her co-accused in a murder case in Dewas, Madhya Pradesh.

The NIA blatantly contradicted the earlier police evidence that implicated the Sadhvi and her group. “The contradictory evidences by the police and NIA in the case raised serious doubts in the whole case,” is what the additional sessions judge observed, leaving him no option but to acquit the accused.

Deeper malaise of religious bias of the Indian state

As has been pointed out earlier in these columns, these moves are emblematic of a deeper malaise of the religious bias of the Indian state. Thus far many judges, at both the lower and higher levels, have refused to cooperate with the designs of the investigative and prosecuting agencies. The Bhatkar judgment provides just the judicial opportunity that such agencies have been waiting for.

Faizan Mustafa, vice chancellor NALSAR University of Law, Hyderabad, has, while drawing attention to the shocking and dangerous way in which the order rewrites the jurisprudence of provocation, naively suggested that it be used to rewrite “our law on bail… to make bail a rule, jail an exception”.

But the harsh reality of long years of bail resistance of the courts, despite extreme overcrowding of jails with undertrials, does not indicate a possibility of liberal change anytime soon.

Rather, there is a distinct possibility of other courts selectively advancing along the jurisprudential direction indicated by Bhatkar, to provide succour to those involved in similarly inspired hate and terror attacks. The devilish consequences for our society and polity can well be imagined.

Justice Bhatkar is a published poet. Her collection of poems Kavita Manatlya- Kavita Courtatlya (poems from heart, poems from the court) was released last year. One of her “poems from the court” is Nirnay (ruling).

In it she asks,Tula maahit aahe ka?/Nikaal zari tujha asla tari nirnay maajha asto/Krus zari tujha asla/tari khaanda maajha asto (Do you know? The decision may affect you, but it’s always “my” ruling/The cross may be yours to bear/ But the shoulder’s always mine.)

It will need more than strong shoulders to bear the cross of this ruling.

By Arun Ferreira and Vernon Gonsalves

http://www.dailyo.in/politics/mridula-bhatkar-judgment-hindu-rashtra-sena-mohsin-shaikh-maya-kodnani-nia-jihadis/story/1/15465.html

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How political dissenters end up languishing in jails without bail


Deliberate delays and denial of bail has amounted to sentencing without trial.

Activists of the Kabir Kala Manch, perhaps one of the best known progressive cultural troupes of Maharashtra, heaved a sigh of relief on January 3 when three of their members finally walked out of jail after three-and-a-half years. A Supreme Court bench granted bail to Sagar Gorkhe, Ramesh Gaychor and Sachin Mali.

The apex court’s bail order pointed out that though the state had told the Supreme Court in July 2016 that the trial would be completed within six months, it had, till January 2017, only partially completed the examination (leave aside cross examination) of just one of the 147 witnesses it proposed to examine. Such a rate of progress in trial would have meant a lifetime of waiting for its completion. The bench ordered their release.

Method in the madness of trial delays

While it has become customary to blame the backlog of cases in courts for these seemingly crazy delays in trial, there is at the same time a method in the madness that is quite clearly at work, particularly when in comes to political dissenters.

The delays are often the fruit of a deliberate dalliance between police and prosecution to postpone service of summons, hold back witnesses, neglect bringing the muddemaal or physical evidence to court and other such means to ensure that the trial process is effectively paralysed.

This strategy is deployed because the prosecution is aware that most cases against political detainees are weak and often falsely fabricated by the investigating authority and likely to end in acquittal. These “political” cases are normally instituted under harsher laws like the Unlawful Activities Prevention Act (UAPA) and the Public Security Acts of various states. Such laws allow arrests on vaguely defined charges with insubstantial evidence. They also prescribe bail norms which render it difficult for courts to grant bail.

Inordinate delays then become the prosecution’s means for imposing a “sentence” of long years, which entails rotting in jail as an undertrial without bothering to go through the hassle of obtaining a conviction. Thus, though the accused are finally found to be innocent, the judgment offers small comfort for someone who has already spent almost the maximum possible sentence as undertrial.

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Inordinate delays then become the prosecution’s means for imposing a ‘sentence’ of long years rotting in jail as an undertrial without bothering to go through the hassle of obtaining a conviction.

Protection for the perpetrators

Such tactics, while being criminal, neither hold consequences for the investigator or the prosecutor; nor are there any redressal for the victim. A classical case in this regard was related to the Akshardham Temple terror attack of 2002. Six accused in the matter remained in custody for 12 years before being finally acquitted in 2014 by the Supreme Court. The judgment, quoted then in DailyO, explained how the case had been fabricated and the accused framed through concocted statements.

The accused then filed a writ petition in the Supreme Court asking for redressal and compensation for the years lost. Despite the unequivocal observations of the 2014 SC judgment indicating that the accused had been falsely implicated, the same court refused to either punish the perpetrators or compensate the victims. If, in a case which the SC itself has held to be fabricated, there is not scope for recompense, there is obviously nothing much the judicial system can offer by way of righting such wrongs committed by the police-prosecutor combine.

Laxity of the courts

In fact it often seems that the bench too is, unwittingly or otherwise, part of a system that ensures that political dissenters are “punished” without trial. In the case of the KKM members too, though the SC granted bail, almost half of their period spent in custody was during the pendency of their application before the same court.

In another similar case of a political prisoner from Maharashtra, Sudhir Dhawale, editor of the magazine Vidrohi, the Nagpur Bench of the Bombay High Court rejected bail, but ordered a timebound trial within a period of six months — only to extend this period three times over, while each time rejecting Sudhir’s bail. He was finally declared not guilty — but only after serving a “sentence” of 40 months as an undertrial.

Reluctance to grant bail

The irony is that, even where the duplicity of the investigating agency is prima facie quite apparent, the courts have been reluctant to exercise their power to grant bail. A recent case is that of the team of lawyers and human rights activists from Telengana who, in December 2016, were on a fact-finding mission to Chhattisgarh to probe accusations of police atrocities in Bastar. Though they were arrested in Telangana they were taken across the border to Chhattisgarh so that they could be charged under the severe Chhattisgarh Special Public Security Act. The basis shown for arrest was the purported seizure of demonetised notes of one lakh, which they were allegedly taking to “help” naxalites in Bastar.

Despite the illogicality of the argument of lawyers carrying demonetised notes from Telangana to naxalites in Bastar, despite the notes being obviously planted and despite there being no law or rule in force prohibiting the possession of one lakh of demonetised notes, the bail applications of the team members were denied first by the magistrate’s court of Sukma and then by the sessions court of Dantewada. The Dantewada court felt that it was premature to grant bail.

The option of approaching the Chhattisgarh High Court in Bilaspur is not only cumbersome but also, considering the delaying tactics of the prosecution, likely to be long drawn out. The Telangana lawyers, research scholars and journalists who are part of this team will now have to prepare themselves to eke out a few months, if not more, in Bastar’s jails — a “sentence” being imposed without any realistic case at all.

Death sentence by encounter

But perhaps they should consider themselves lucky. In their very own state of Telangana, the police have taken the lead in taking this practice of delivering prison sentences to their logical conclusion. On April 7th 2015, five Muslim prisoners, who were on the verge of completion of their trial where they expected acquittal, were killed in cold blood while being taken to court. The Telangana police probably decided that they deserved not acquittal but the death sentence. They executed accordingly.

A similar dubious “encounter” killing of eight undertrial accused of the Students Islamic Movement of India whose trial was reportedly approaching acquittal was executed by the Bhopal police on October 31 2016.

Despite widespread protest by human rights organisations, the political establishment has indicated that those who have carried out these killings enjoy its support. Pehaps an indicator of the forms of justice delivery in the days to come.

By Arun Ferreira and Vernon Gonsalves

http://www.dailyo.in/politics/chattisgarh-maoists-bastar-kabil-kala-manch-political-dissenters-fake-encounters-cases-trial-delay-jail/story/1/15045.html

What India’s TV wars with Pakistan don’t tell us about our wars without witness


Thousands have died in internal battles waged against its own people in Kashmir, Chhattisgarh and the Northeast.

 There are wars and there are the TV wars and it is the second variety that has been raging over the last few weeks in the media studios throughout the land. The September 18 attack on Uri Army headquarters provided the trigger for TV anchors, ruling politicians and sundry other warmongers itching to declare war on Pakistan.

The luminaries of the political and defence establishment, who, despite Pathankot, had ignored security and were guilty of facilitating 19 soldiers’ deaths by the gross negligence of lodging them in inflammable tents, escaped all scrutiny. All lapses were well hidden behind a smokescreen of war clouds of their own making.

The shrillness of the war cries yet shows no signs of abating. A variety of war games are being played out on prime time. Many media outlets had, even before the announcement by the Indian Army of surgical strikes, already invented and announced surgical strikes of their own.

As the media sets up televised war rooms complete with maps and digital models, every actual, notional or imagined step of the armed forces is being chalked out and projected – more surgical strikes, Indian fidayeen units, hot pursuit, and implementation of doctrines  of cold start, and even limited nuclear war. The “war” with Pakistan is being fought out in full media glare even before it actually begins.

A make-believe war

An actual war with Pakistan is yet a remote possibility. Military confrontations in these times are usually proxy wars, with one or the other big power backing each of the sides. Both India and Pakistan being well within the same American camp, the likelihood of the US consenting to declarations of war on each other is extremely low. Meanwhile, major military moves contrary to Washington’s wishes are not options either country’s ruling class is willing to contemplate.

But a make-believe war too has its fair share of backers. The party in power can reap a rich harvest of votes; a jingoistic anchor and his channel can rake in the TRPs; a corporate house entering armaments can speed up the contracts.

So, war or no war, the business of warmongering will carry on. Under the camera glare, politicians will thump their chests and anchors will shout themselves hoarse, creating choruses from all corners.

Real and lethal internal wars

But TV wars are not the only type of wars. There are some very real and very lethal wars being waged by the Indian state in various parts of the country. Some of them have been on for decades with death counts far surpassing anything on the Line of Control (LoC). The news of these, however, rarely makes it to the newspaper headlines or prime time TV.

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In just the last three months of protests in Kashmir, the casualty count has been 92 dead and over 12,000 injured.

One such war is the one waged against the almost three-decade-long mass insurgency for self-determination in Jammu and Kashmir, which has caused a death toll between 44,000 and 1,10,000 as per various estimates.

In just the last three months of mass protests against the killing of Hizbul Mujahideen commander, Burhan Wani, the casualty count has been 92 dead and over 12,000 injured, including 1,000 blinded in firing and shot-gun pellet attacks by security forces. These figures far outstrip the numbers of Indian citizens killed and injured in all the external conflicts waged by India since 1947.

Another conflict is the five-decade-old attempt by the Indian state to wipe out the Naxalite movement. The toll here too runs to several thousand. While the estimates for earlier years are disputed, government figures for the last 20 years run to around 14,000.

In the last seven months, Chhattisgarh’s Bastar region alone has seen more than a 100 adivasis killed in encounters shown by civil rights groups to be fake.

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Jammu and Kashmir figures in the Guinness Book of World Records as the world’s most militarised zone.

Jammu and Kashmir figures in the Guinness Book of World Records as the world’s most militarised zone. It has seven lakh military and paramilitary personnel in comparison to a population of only 125 lakh giving a soldier-people ratio of 1:18. A similar situation exists in the Bastar division of Chhattisgarh, which has one lakh paramilitary forces for a population of 31 lakh, that is, a soldier-people ratio of 1:31.

A report submitted to the United Nations by the Working Group on Human Rights in India points to similar intensified militarisation in the northeastern states. It has been a conflict zone right since 1947, with many groups fighting for self-determination. Government statistics admit to 21,400 fatalities from these conflicts in the last 25 years.

Wars without witness

As the body counts in such war zones grow grimmer, information flows from these parts get scantier. In fact, there has been a concerted attempt by the state and mainstream media to ensure that news and views on these wars remain highly restricted and are even fabricated.

The recent resignation by Naseer Ahmed, a senior Kashmir journalist with the Ambani-owned TV channel IBN7 brought to light the role of the Delhi-based media centres in fabricating news reports as per state directives and preventing factual reporting of the killings and unrest.

Raids on Kashmiri newspaper offices, Facebook censorship and a ban on the Kashmir Reader newspaper were some of the methods used to curb the local media. Well-known human rights activist Khurram Parvez was first prevented from traveling to Geneva to attend a session of the UN Human Rights Council and then was placed under arrest.

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The wars that the state wages on its own people are kept far away from the media glare.

In Bastar, the tool of arrest has been used rampantly by the state against journalists who refuse to toe the police line. The last year has seen at least four journalists being forced to spend months in jail on cooked-up charges. One of them is yet behind bars.

On October 15, two Mumbai-based writers were picked up from a Bastar jail merely for attempting to meet a woman Maoist prisoner with the jail superintendent’s permission. Lawyers and rights activists too have been systematically hounded and even evicted from the area. Amnesty International India has documented what it calls a near-total information blackout in the state in a report titled “Blackout in Bastar: Human Rights Defenders Under Threat”.

Thus, unlike the jingoistic TV wars with Pakistan, which the ruling classes relish and revel in, the wars that the state wages on its own people are kept far away from the media glare.

These are the wars which lay bare the lie of the democratic credentials of the Indian state. The dark designs of these wars must therefore be planned in secret. Their brutal consequences must be blacked out.

They must be wars without witness.

By Arun Ferreira and Vernon Gonsalves

http://www.dailyo.in/politics/india-pakistan-war-tv-media-kashmir-burhan-wani-chhattisgarh-bastar-naxals-fake-encounters-surgical-strikes/story/1/13452.html

With Dalits resisting gau rakshaks, India isn’t far from annihilation of caste


A significant feature of the current anti-caste struggle has been the near absence of demands for concessions.

It was VI Lenin, leader of the Russian Revolution, who famously said that the indication of a revolutionary situation is when the exploited and oppressed masses refuse to live in the old way and when the exploiters are unable to carry on and rule in the old way.

Anti-caste revolution in the making

A reminder of this came with the scenes of Dalit protests in Gujarat over the last few days against the public stripping and thrashing by gau rakshaks of seven Dalits, who were skinning a dead cow near the town of Una.

Thousands of Dalit protesters took to the streets throughout Gujarat to declare their refusal to silently continue the traditional caste tasks of handling and disposal of dead animals.

Also read: Why Dalits used carcasses of cows in Gujarat to protest

In a vividly inventive agitational move they brought truckloads of dead cattle and dumped them in the grounds and offices at the district headquarters and tehsil centres in various parts of the state. No other action could perhaps be a better assertion of their unwillingness to live and suffer in the old way that the caste laws had laid down.

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As hundreds of carcasses lay rotting before government offices, houses of political leaders, on roads and other public places, upper caste organisations and the state machinery were left running helter-skelter in search of a solution.

As the Dalits demanded that those who considered the “gau” (cow) as their “mata” (mother) should undertake the task of performing the dead cows’ last rites, it became amply clear that there were no takers for this task.

Also read: Dalits are seething in Modi’s Gujarat and it will hurt BJP during polls

None of the gau rakshaks or any other of the activists of the Sangh Parivar were seen coming forward to perform this task. As putrefying cow carcasses were left to be torn apart by stray dogs while the upper castes watched helplessly, it seemed as if the oppressors had no means by which they could continue to enforce the law of Manu in the old way.

The events in Gujarat are not the first indicators of such an anti-caste revolution in the making.

Also read: Why caste will never be annihilated in India

The past several months have seen frequent instances of small and large-scale Dalit resistance to upper caste discrimination and oppression taking place in various parts of the country.

A large number of the confrontations have been around incidents of caste atrocities perpetrated by the dominant castes. But, as it has been argued, this rise in conflict is evidently as much about a greater Dalit readiness to resist as it is about an escalation in upper caste violence.

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The Rohith Vemula incident

A nodal point seems to have been reached with a pan-India mobilisation around the suicide of Rohith Vemula, the Dalit scholar of Hyderabad Central University (HCU). Vemula’s death, widely seen as a sacrifice, while proving a catalyst for the coming together of students across a very wide spectrum, also provided the rallying point for the numerous forces which have felt the need to stand up against the repressiveness of the current casteist and communal order.

While students were seen at the forefront, there have been a host of organisations belonging to the Dalit and other communities which have been galvanised into action.

BR Ambedkar’s revolutionary call for the annihilation of caste, long forgotten by the established Ambedkarite parties, has become the battle cry of this rebellion.

Joint action committees of students in various cities, formed initially for the purpose of justice for Rohith, soon transformed into joint action committees (of a variety of mass organisations) for social justice, with a definite caste annihilation agenda.

Even states where such committees did not emerge could not remain untouched by this anti-caste wave.

Its effects were wide enough to reactivate long dormant organisations formed during earlier periods of struggle. One such organisation was the Dalit Panthers of Gujarat, which gave a call for Gujarat bandh on July 20, 2016 to protest the Una atrocity.

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Resistance with a difference

Some features stand out prominently in the present round of anti-caste struggles.

Very significant has been the near absence of demands for concessions. The subject of reservations, for example, which figured prominently in many earlier struggles has been near absent this time around.

Rather, a key anti-reservation campaigner – Prakash Ambedkar – has been seen at the helm of quite a few of the post- Rohith Vemula battles.

In fact, the agitations erupting independently in various corners of the country have had a distinct focus on issues related to an end to caste discrimination and oppression.

Another key point of departure from previous campaigns is the considerable mobilisation from non-Dalit sections in the present anti-caste struggles.

While Dalit contingents continue to constitute the vanguard, the present movement has seen a wide mobilisation from other castes, which have normally stood on the other side of the caste divide.

The other notable difference has been the conspicuous lack of dependence on assistance from the State apparatus.

Earlier movements have often devoted considerable energies to lobbying with ministers and other ruling class eminences to achieve their demands through administrative or judicial action.

But repeated blatant collusion by a casteist police and a near-zero conviction rate under the SC and ST (Prevention of Atrocities) Act, 1989 have drastically downsized expectations. The present movement seems to be concentrating on mass mobilisation on the streets to achieve its goals.

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But the most important feature perhaps is a near absence of established political parties and their mass organisations in the initiation and leadership of the resistance.

Disillusionment with a discredited political leadership – particularly Dalit party leaders – is widespread.

While many have later on tried to jump on to the bandwagon, some like Ramdas Athawale have even had to suffer the ignominy of being turned away by agitators. Students and youth and lower level activists have often been the ones to launch and lead the struggles. This has given this movement a level of spontaneity not seen before.

It is this spontaneity that is its strength, as well as its weakness. It is indicative of the wellspring of discontent that is feeding and will continue for some more time to feed this anti-caste upsurge.

It shows how wide the feeling among younger sections is that the time has come to topple the centuries-old edifice of discrimination and oppression.

A movement, however, needs to grow a leadership and organisation to take it ahead. Thus far the signs of this emerging are few and far between.

It will require to develop through a more conscious and consolidated process, if the present movement is to prove a great leap forward on the revolutionary road towards the demolition of the caste system.

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by Vernon Gonsalves and Arun Ferreira

http://www.dailyo.in/politics/dalits-gau-raksha-dal-caste-br-ambedkar-rohith-vemula-una-hcu/story/1/12091.html

What Modi told Cameron about Kashmir’s self-determination


The two leaders have a heart-to-heart conversation on the ex British PM’s last day in office.

On his last day at 10, Downing Street, a gloomy British prime minister David Cameron decides, on an impulse, to personally express his thanks to some heads of government he’s known during his period in office. The calls are short and businesslike.

Not so when it reaches the Indian prime minister. Narendra Modi feels that Cameron needs consolation, but could also do with a bit of advice (it is also easier to advise the leader of a P5 state when he is out of power). After initial pleasantries the conversation goes something like this:

Modi: Brother, I hope you don’t mind it, but I must tell you that calling all those referendums was wrong.

Cameron: What “all” referendums? I had only two – Brexit and Scottish independence.

M: But two is too many bhai. You should only have such things when you are very, very sure to win.

C: Yes, yes, I thought that I would win. That’s why I called the referendum, but something went wrong. But nevertheless, we have to have voting in a democracy.

M: Yes brother, of course, of course. We know that. We are the world’s largest democracy you know. We have elections all the time – parliamentary elections, Assembly elections, municipal and panchayat elections. We even have elections in Kashmir. And if they don’t want to vote our army boys see that they vote. They push the Kashmiris to exercise their democratic right. We make sure that our democracy works.

C: But some issues are very important. You need to have a referendum.

M: It’s there in your constitution?

C: No, no. We don’t even have a written constitution.

M: Then? How can you make such a mistake? See us. Our Delhi CM is asking for a referendum for full powers for his state government. We said nothing doing, not in our constitution. We called him an anti-constitutional anarchist.

Of course, when we wanted to have a referendum to takeover another state, Sikkim, we had a referendum. But at that time we had made sure everything went our way. Our army first took over the king’s palace and put him under house arrest and then, within five days, we had the referendum. No one was there to oppose us, no debate – 98 per cent voted in our favour. You have to make sure in a democracy brother.

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C: It’s not the same everywhere Modiji.

M: I know. But the referendums you guys take give us the shivers. I was really tense during your Scottish vote. If it had gone against you, we would have had real problems. Would have given a boost to all our independence lovers here. Demands for a Kashmir vote would have got stronger.

C: But your Nehru promised the UN he would hold a plebiscite.

M: No problem with that. I too would have done that in 1948. The Indian people had been fighting so long for freedom; Nehru had to make a show that we were for freedom for all peoples. I’m sure from the beginning he had no intention of having a plebiscite in Kashmir. He knew we could never win. It was only where he knew we would definitely win, in a place in Gujarat, that he immediately had a vote – only 91 votes went against us.

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C: But Kashmir won’t agree so easily. There seem to be massive stone-pelting protests on at the moment – against killing of a leader of the armed struggle there.

M: That? We know well how to deal with that. We just increase the numbers of security forces. It already is the world’s topmost militarised zone. As long as we can convince the Indian people that these protesters are terrorists from Pakistan, we have nothing to bother.

C: But those protesters are not terrorists are they?

M: Did I say they were? You miss the point brother. I said that we only have to convince the Indian people that the Kashmiris are all terrorists… for that we have a good cooperative media who only give the government version. We just have a few troublemakers whom we can set right. On Kashmir even all our opposition parties are good fellows – whatever we do, they won’t say a word against the government.

C: Dozens are dying, hundreds have been injured.

M: Some blood has to be spilt. But nothing to worry. See, I did not even have to cancel or cut short my Africa tour. Even during all the firings and killings in Kashmir, I was busy in South Africa spreading Mahatma Gandhi’s message of non-violence. It is very important for the world to see me as a follower of the Mahatma – you see I still have to get over all those charges on me of mass killings in Gujarat in 2002. There are some human rights wallahs who go on and on after me.

C: I know those types. They have been going on after poor Tony Blair for Iraq war crimes. I don’t know how it will be for me after I’m out of power. I too have a war crimes complaint against me for bombing Syria – by some Scottish independence partymen. After Brexit vote they are demanding a new Scotland referendum and they may win this time. I’m worried.

M: Don’t bother too much Davidbhai. The Americans will have to see that none of their friends face trial for war. We may talk of peace but we need war all the time, at all times. Even the Mahatma recruited soldiers for your wars. War and violence are necessities recognised by all. The important thing is to be on the winning side. Only losers can get punished as war criminals.

C: But Modiji, you better do something about Kashmir.

M: Yes, yes, we have got some good suggestions from the Israelis. We are putting them into practice. We are trying some army settlements and some fortified Kashmiri Pandit settlements – how the Zionists did in Palestine.

If we manage to change the demography then we can definitely go for a referendum for Kashmiri self-determination. We can show that we also uphold the right to self-determination in the International Covenant on Civil and Political Rights, which we ratified in 1979.

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[The pleasant exchange of views comes to an abrupt end with Samantha reminding Cameron that it is time he left for Buckingham Palace to hand in his resignation.]

By Vernon Gonsalves and Arun Ferreira

http://www.dailyo.in/politics/narendra-modi-david-cameron-kashmir-brexit-tony-blair-gujarat/story/1/11784.html

From HCU to JNU, it’s worrying how Modi sarkar is cleaning up India’s campuses


Teachers come under attack as institutions move to sweep out dissent.

In the wake of the students’ spring that swept the country’s campuses during the last academic year, the Union government is naturally bent on taking steps to stem the tide of unrest.

It was the government, and particularly the HRD ministry, that was at the heart of many of the conflicts with the students – at IIT-Madras, Film and Television Institute of India (FTII), University Grants Commission (UGC), University of Hyderabad (UoH), Jawaharlal Nehru University (JNU) and elsewhere – and it is the government that potentially holds the keys to their solution.

However, anyone anticipating a conciliatory approach to meet student demands and resolve the conflicts would be sorely disappointed.

Rather, the government seems to be promising more of the same thing – further appointments of unqualified PM loyalists (like cricketerChetan Chauhan) to head institutions and a proposal on New Educational Policy that wants curbs on campus politics and derecognition of caste- and religion-based organisations (like the SC-ST associations which were active in the movement for Justice for Rohit Vemula).

Political cleansing of ‘Socrates’ who ‘corrupt the youth’

Simultaneously, the HRD ministry, in close coordination with the home ministry and the ABVP – the Sangh Parivar’s student wing – is moving to the next step on its agenda for eradication of all dissent on the campuses.

It looks like a programme for swachh universities, politically cleansed of all divergent ideas. In this phase, it seems that teachers with views against the ruling dispensation will be as much the targets as student activists. The government’s logic appears to be that it first needs to condemn and pluck out the “Socrates” who are “corrupting the youth” against the ruling dispensation.

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Indications of these were available in February and March this year. There were police complaints by Bharatiya Janata Yuva Morcha (BJYM) and ABVP against a speech on nationalism at JNU by Nivedita Menon.

And when Rajesh Misra of the University of Lucknow shared on Facebook an article favouring JNU activist Umar Khalid, he had to face violent ABVP protests and notices from the university administration.

Earlier, Magsaysay Award winner Sandeep Pandey was sacked in January 2016 from the faculty of Banaras Hindu University (BHU), and Prof Saibaba of Delhi University was suspended and even physically attacked for sympathising with Naxalites.

As the new academic year commenced in June-July 2016, the UoH moved, on June 13, 2016, to suspend KY Ratnam and Tathagat Sengupta, two professors who had stood with the students fighting for Justice for Rohit Vemula.

They had, in March 2016, been arrested when they remonstrated with the police during a lathi-charge on protesting students. Their suspension met with strong protests by students and teachers in Hyderabad and other centres and the UoH administration was forced to beat a hasty retreat and revoke the suspension.

IB-ABVP combine

Meanwhile, other reports came in of removal of professors at the Tata Institute of Social Sciences (TISS), Mumbai, another deemed university.

The ABVP has, over the last few months, been repeatedly announcing that TISS was its next target after JNU.

They also met the TISS director S Parasuraman in April 2016 with a list of “anti-social elements” on campus. They even listed to a journalist the leftists in the faculty and boasted of their access to Intelligence Bureau (IB) reports about the activities of TISS fellows.

With such blatantly announced close coordination between central intelligence agencies and Sangh Parivar organisations, pressure on the TISS authorities to remove teachers who were difficult to control was bound to be high.

Bela Bhatia, who has even served on the Planning Commission committee on left-wing extremism, had been edged out in the midst of a course she was teaching in 2014.

Sanober Keshwar, who has taught for seven years and was listed as a teacher in six courses for the new academic year, was abruptly sacked by removing her office phone and blocking her TISS mail access even before telling her, in the second week of June 2016, of her removal. Another teacher, Monica Sakhrani, too has been abruptly moved out.

All of them have been active on democratic rights issues for several years and would be seen as obstacles to the Sangh Parivar plans.

Witch-hunts in academia 

As the ruling party organisations and State organs work in close collaboration to target their ideological rivals in the universities, the stage is being set for witch-hunts in the academia. It is reminiscent of the McCarthy era purges in post-Second World War US which were largely done by the FBI under Edgar Hoover. The spread of the IB on campuses is also being supplemented by surveillance by the local police.

In Mumbai, the police zone that covers the TISS has started a survey of all colleges for student and faculty details. While one college head saw this as police interference which was not required, TISS director Parsuraman said it was the TISS administration that had requested police officials to make the rounds of the institute and its vicinity.

Such methods are bound to face opposition from students and teachers alike. It remains to be seen whether such resistance will be able to preserve the much needed democratic space in our universities.

By Vernon Gonsalves and Arun Ferreira

http://www.dailyo.in/politics/modi-saffronisation-of-education-rohit-vemula-hcu-crackdown-kanhaiya-kumar-umar-khalid-smriti-irani-abvp/story/1/11420.html

Battle for Bastar: Putting down a people’s war


Such repression quite invariably begets resistance of a long term nature.

Mission 2016, launched in October 2015, after national security adviser Ajit Doval and special security adviser (internal security) K Vijay Kumar’s visits to Chhattisgarh, reportedly has its target set for the calendar year – of achieving the objective of wiping out Maoists from Bastar.

An array of instruments has been brought into play, ranging from mass sexual assault carried out by police and paramilitary teams to deploying space satellite imagery by the Indian Space Research Organisation (ISRO), with the security forces announcing in May 2016 that they are “expecting to wipe out the Maoists in Bastar area even before the arrival of monsoon season.”

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Such expectations have been voiced before. Congress leader P Chidambaram, after assuming charge as home minister in late 2008, had forecast a three-year limit for succeeding in his policy of “Clear Hold Build” to clear the way for corporations that had signed MOUs for exploiting the mineral wealth in the jungles of Naxal-controlled areas.

Again, in July 2010, he set a fresh three year target. By 2014, the new home minister, Rajnath Singh, was rehashing the same policy under a slightly different name – Clear Hold Develop. He too promised quick results, but reports for 2015-16 did not prove him right. Mission 2016 too can be expected to remain unaccomplished.

A brutal war without witnesses

The lack of success, however, cannot be blamed on the lack of attempt. The best military and security brains in the government have continuously been on the job. Successive governments at the Centre have, with ample enhancements of the war budget, dramatically increased the numbers of armed forces and the quality of their weaponry.

Officers like SRP Kalluri, who have a long history of disregarding the rule of law, have been handpicked to lead the fight in this war. Immense cruelties such as gang rape, widespread false encounters andfake mass “surrenders” have become the order of the day. Journalists, lawyers and human rights activists have forcibly been evicted to ensure a “War without Witnesses”.

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Use of Air Force and space vehicles

Despite the blatant lopsidedness, the government has not been able to achieve anything near the progress it desires in the war on the ground. This has, in turn, often prompted the planners to seek solutions that would rely on its total monopoly on aerial and other technologies and can be operated from afar.

Unmanned aerial vehicles (UAVs) have been introduced as early as 2010. Strafing and bombardment by the Indian Air Force (IAF) have always been considered and now the IAF has a dedicated ANTF (Anti-Naxal Task Force) under an air commodore, which has conducted strafing expeditions in Bijapur in October 2015 and Sukma in April 2016.

May 2016 brings reports of the use of Indian Space Research Organisation (ISRO)’s space satellites for the war in Bastar.

Air power, with the wanton destruction, misery and loss of life it implies, is rarely used by a government within its own boundaries, against the people it should consider its own. It is now more than fifty years since the IAF was used to bomb Aizawl in Mizoram in March 1966.

The central government, however, seems firm on its decision to repeat this history in Bastar.

Economic and political divide

This decision perhaps exemplifies the antagonism of economic interest and political stance that divides Delhi from Dantewada. Delhi obviously will stop at nothing to show the staunchness of its commitment to the class that wants the forests cleared of the adivasis who stand in the way of corporate super profits.

Dantewada obviously has no option but to fight for survival and against annihilation. More importantly, the seat of power at Delhi cannot obviously tolerate the challenge to its might that the alternative from Dantewada represents.

Airpower and other modern technologies may seem efficient, but have rarely delivered the solutions expected by those who deploy them. The Aizawl bombing did not crush the Mizo people’s resistance in the way Delhi expected.

A guerilla war continued for twenty years until a political settlement was reached in 1986.

Air war versus people’s war

International experience is even more instructive. The USA, with the most powerful technologies on earth at its disposal, has been successful in most air wars against opposing armies and air force, but has singularly failed on the ground when faced with the resistance of ordinary people.

Recent examples are Iraq and Afghanistan. Their technologies were a colossal failure in a place like Vietnam where they faced a People’s Army fighting a People’s War.

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The People’s Liberation Guerilla Army (PLGA), which the government forces confront in Bastar, also operates according to the classic Maoist principles of People’s War. Though nowhere comparable to the People’s Liberation Armies of China and Vietnam, the PLGA too has displayed considerable resilience in withstanding and growing amidst repeated waves of government attacks in Bastar since 1980.

Its forces in Bastar are composed almost completely of the local adivasi population and have been shown to rely completely on the people.

This force, however, with its limited technologies, cannot be expected to be much of a match against IAF bombardment, drones and ISRO satellites. Its ability to counter when the strafing starts and bombs fall is doubtful. The extent of destruction and human misery that will follow can only be imagined.

But will that mean victory for the government? The history of such wars seems to suggest otherwise. Such repression quite invariably begets resistance of a long term nature.

And if the PLGA were then to adopt the classic guerilla tactic of dispersing its forces to other areas facing the same brunt of corporate-driven “development” policies, there would be the probability of the conflict spreading.

The government will then be faced with the Math question that Arundhati Roy once asked: “How many soldiers will it take to contain the mounting rage of hundreds of millions of people?”

By Vernon Gonsalves and Arun Ferreira

http://www.dailyo.in/politics/maoists-bastar-anti-naxal-operations-chhattisgarh-nsa-ajit-doval-rajnath-singh/story/1/10990.html

How the State makes Muslims pay for Hindutva terror


The court discharged nine accused in the 2006 Malegaon blasts case, which was an indictment of former ATS chief KP Raghuvanshi.

KP Raghuvanshi, former chief of Maharashtra’s anti-terrorism squad (ATS), was understandably absent from the media glare around the Mumbai special MCOCA (Maharashtra Control of Organised Crime Act) court’s order of April 25, 2016 that discharged nine Muslim accused from all charges in the Malegaon bomb blasts case of 2006.

The retired additional director general of police had led the ATS investigation of the Malegaon blasts as well as the Mumbai train blasts of 2006. Just a few months earlier, in September 2015, he had been prominently present in the MCOCA court at the time of the delivery of the train blasts case judgment, handing out sound bites and interviews to the electronic and print media alike. This time around, however, he was nowhere near the court.

Just three days before the court discharged the nine accused in the Malegaon case, Raghuvanshi had appeared in a lengthy exclusive interview with Times Now’s Arnab Goswami on prime time television (see video below) defending his investigation and implication of the nine accused and expressing confidence in the trial court.

Goswami, in his typical media trial fashion, had even delivered a verdict that he “believed” Raghuvanshi’s version. However, when the actual trial court ruling came, Raghuvanshi was unavailable even to the Times Group. Times of India reported that he was “not available for comment, despite repeated attempts by TOI“.

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ATS involved in serious offences

Raghuvanshi’s reticence obviously stemmed from the court’s systematic demolition of his chargesheet and its drawing of conclusions which pointed categorically to Raghuvanshi and his men being involved in a string of actions that actually amounted to serious offences under the Indian Penal Code (IPC).

The ATS case rested on the confessions extracted from eight of the accused, one of whom was targeted to be made approver against the rest. When the case was handed over to the National Investigation Agency (NIA) the confessions were all shown to be obtained under duress, making them worthless as evidence under section 24 of the Indian Evidence Act.

It was found by the NIA that the confessions in most cases could not be true as there was conclusive proof that the accused were actually at places other than they were shown to be in the confessions. Accused number two, Shabbir Ahmad, was actually in judicial custody at the time he was shown in the chargesheet to be participating in actions relating to the blasts. The obtaining of such false confessions, under duress, is an offence punishable with imprisonment up to seven years under section 195A and section 330 of the IPC.

The other important evidence proffered by the ATS was the matching of soil samples from the blast site and the godown of accused number two which was shown to also contain RDX. The NIA verified this and found “that the panchas/witnesses who are shown on the panchanama of lifting soil were not present at the time of collecting the soil samples but present at some other place” (para 59 of the MCOCA court order).

Such a discovery which has been upheld by the court is an extremely serious finding amounting to an offence committed by Raghuvanshi and his investigating team of fabricating evidence with intent to procure conviction for a crime, which is punishable under section 194 of the IPC with life imprisonment. It also raises questions regarding the source of the RDX shown, pointing to possible offences under explosives and terror laws. This would require a separate investigation.

The court also debunked the core of the ATS’ case to be “highly impossible and improbable” and “not a digestible story”. The ATS showed that the accused were making bombs and holding key conspiracy meetings in the godown of Shabbir, accused number two, when Shabbir himself was in custody in a case under investigation by the ATS. Few things could be less believable.

The judge also found the “basic foundation or the object” behind the blasts shown by the ATS to be “not acceptable to a man of ordinary prudence”. He didn’t believe the tale that a Muslim group aiming to stir up Hindu-Muslim riots had targeted a Muslim religious occasion rather than the Ganesh idol immersion that had just preceded the Muslim holy day. He concluded that the nine Muslim accused were innocent and had been made scapegoats by the ATS and therefore ordered their immediate discharge from the case.

Discharge is not justice enough

The discharged accused welcomed the court’s pronouncement with tears of relief and prayers of thanksgiving. When one of the authors (Vernon) spent time with them in jail in 2007-’08 they had come across as simple men who had wrongly been framed.

Though they had been shown to be leading activists of the banned Students’ Islamic Movement of India (SIMI) and operatives of the Lashkar-e-Taiba (LeT), they did not show any signs that they shared the ideology and approach of these organisations.

They spent their time in jail trying to be of some help to their fellow prisoners. Shabbir had some knowledge of acupressure and his skills were constantly on call – even by the jail staff. Sridhar, one of the co-accused, had his arthritic knees attended to by Shabbir.

Vernon got advice on management of bleeding piles from accused number five, Farogh, when he met him in prison. Farogh was one of the two unani doctors implicated in the case. Their jail-time simplicity seems to have continued outside and most of them have not asked for anything more than the present court judgment.

But would the MCOCA court judgment suffice? On the day after the judgment, India Today TV’s Rajdeep Sardesai tweeted, “No outrage here? no hashtags/trends? No ‘framing’? Who will give these men back their 10 years?”

Others have called for compensation and punishment of the officers responsible. These calls for justice are correct and will probably go before the higher judiciary.

Deeper conspiracy of the higher-ups

Justice in a courtroom, however, cannot address a problem that goes somewhat deeper and extends much higher than Raghuvanshi and his men. Malegaon in 2006 was after all only one in a series of bombings of Muslim targets during 2003-2006, that included Parbhani, Purna, Jalna in Maharashtra, Modasa in Gujarat, Hyderabad, Ajmer and Delhi and also the attack on the Samjhauta Express.

Most of these were falsely pinned on innocent Muslim men, thus leaving the field open for the actual culprits to continue their terror plans. It was only after the cracking of the Malegaon blasts case of 2008 during the eight-month tenure of slain ATS chief Hemant Karkare that further investigations were made, which made it clear that all these were the handiwork of Hindutva-inspired modules engaged in a deep conspiracy with links to the higher echelons of the Rashtriya Swayamsevak Sangh (RSS) and even the state apparatus. As the links started reaching higher there was a definite slowdown in the investigations during the United Progressive Alliance (UPA) rule.

With the coming of the BJP in Delhi, there has been a systematic endeavour to subvert the cases. Investigators, prosecutors and witnesses have been pushed to toe the Centre’s line. The cap was blown on this by the senior public prosecutor in the Malegaon 2008 case, Rohini Salian, who disclosed how she had been told by the NIA to go soft on the pro-Hindu group Abhinav Bharat that is believed to have been a part of the conspiracy.

She was later removed as prosecutor. This plan of going “soft” on the Hindutva terror accused seems also to go hand-in-hand with going “hard” on Muslim accused. This was on display in the discharge of the nine Muslim accused a few days back, and the court order itself referred to the NIA doing a volte face. It had shifted from a “no evidence” stand of 2013 to a “no discharge” stand in 2016.

With such directions from the top to the premier agency investigating these blasts, it should come as no surprise that most of the witnesses are turning hostile in the trials of Hindutva accused and there is only a remote chance of any of them getting convicted. This fixing of the court trials is then being used in recent months to run parallel media trials where the principal accused, particularly Lt Col Prasad Purohit, are beind declared innocent.

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Thus the support to these terror accused, which was relatively discreet in the UPA days, is now on open display. It emanates from the highest levels of government and the state apparatus and from significant sections of the media and civil society.

It is the type of support that aims at nurturing “our” Hindutva terror gangs that will supposedly keep the “other” communities in check. It is the type of support that the Pakistani ruling classes displayed for years to “their” terror operatives until things got totally out of hand. It will require more than courts of law to handle this malaise, if we are not to tread the path traversed by our neighbour.

By Vernon Gonsalves and Arun Ferreira

http://www.dailyo.in/politics/hindutva-malegaon-blasts-narendra-modi-mcoca-ats-kp-raghuvanshi-ipc-hemant-karkare-muslims-simi/story/1/10339.html