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June 02, 2004

Letter to India's Prime Minister by Secular activists in Gujarat

Date: June 1, 2004

To
Dr. Manmohan Singh
Prime Minister of India
'PMO',
South Block, Raisina Hill,
New Delhi, -110 011.
Telephone: 91-11-23012312.
Fax: 91-11-23019545 / 91-11-23016857

Respected Dr. Manmohan Singh,

As concerned citizens of a secular, plurastic and democratic country, we feel greatly relieved by the common people’s mandate against communal forces represented by the National Democratic Alliance under the domination of the Sangh Parivar in the election to the Parliament in 2004. By and large we welcome the Common Minimum Program agreed upon by the United Progressive Alliance, supported by the Left Front and hope that the CMP will be worked out in more specific terms and with time bound action – plans and continuous monitoring agency. We believe that we have won the battle, but also have to win the way and we urge upon the UPA and all others to be vigilant against the communal forces and to launch a long-term united struggle against them and not to fritter away the energies, time and resources in internal bickering and struggle for power and miss the unique opportunity offered to us by the non-shining common people of India. We feel strongly and hope also that if UPA Government will complete its full term without much hindrance and implement its program to make people realize and feel that they too can shine and they will.

Having seen the barbaric face of a fascist rule under Narendra Modi in Gujarat during the spate of anti-Muslim pogrom in 2002 during which over 2000 people were butchered, thousands maimed, scores of women raped, thousands of people rendered homeless and many more deprived of their sources of livelihood, we look upon the UPA government to initiate steps to instill a sense of security and faith among the people in secular democratic system. And to restore the constitutional system, rule of law, independence of judiciary, right to equality before the law and equal protection of the laws, right to life and liberty and right to justice. We expect the UPA government to give out a clear message that no one responsible for genocide and gross violation of human rights remains unpunished and that no one is above law and only the law of the land is supreme. We believe that the Union Government has constitutional obligation under Article 355 to protect the state (not merely the Government) against external aggression and internal disturbances and to ensure that the Government of each State is carried on in accordance with the provisions of the constitution and it has both powers and duty to give directions to the state for this purpose and each state is bound to comply with such directions.

We have witnessed how the BJP government in Gujarat has grossly misused the draconian law of POTA against the minorities and dissenters to terrorize them into submission. We want the UPA government to:

1. Set up a high-level committee to inquire into the role of the state government including the chief minister and his ministerial colleagues, bureaucrats and police officials in gross abuse of law, flagrant violation of the Constitution, large scale violence, open violation of constitutional rights of the people and particularly the minorities. The committee should also inquire each the loss of lives and properties, assess the damages, evolve scheme of fair, full and just compensation as complete rehabilitation of all victim of riots.
2. Sign the international convention against torture.
3. Repeal with retrospective effect the draconian POTA.
4. Appoint independent Central review committee and special courts to review and conduct all POTA cases till the draconian law is not repealed.
5. Immediately repeal the provision that allows admission before the court confession made before the police.
6. Make use of Article 355 of the Constitution of India and direct the Gujarat government to follow its ‘Raj Dharma’ and act according to the Constitution. Using the powers vested in the Central government under the same Article, the government should implement the recommendations of the National Human Rights Commission, particularly the one recommending reopening of all riot-related cases in Gujarat and handing over their reinvestigation to the Central Bureau of Investigation. Under Modi’s rule, the police had filed ‘A’ summary in over 2000 of the total 4000 cases related to rioting, murder and rape.
7. Ensure effective legal representation of the central government and its agencies like the CBI in all riot-related cases put up before the Supreme Court.
8. Immediately remove the Governor of Gujarat for his failure to prevent the Modi government from violating the law of the land.
9.  To take steps to streamline the judicial institutions at all levels to ensure free, fair and impartial administration of justice to all sections of society.
10. Appoint new central government counsel in the state.
11. The Government of India should consider recommending to RBI and to other different concerned agencies to write off repayment of debts of riot victims who have no means left to repay the amount of Loans taken by them.
12. To take steps to desaffronise all institutions and aspects of society by the ideals of secularism and democracy.

We, the concerned citizens of Gujarat are sending you this letter with immense faith and hope. We will be thankful if you would respond to our letter.


Shri Chunibhai Vaidya Justice A. P. Ravani (Retired)
Achyutbhia Yagnik SHRI GIRISHBHAI PATEL
Prof. Abid Shamsi Indubhai Jani
Ms. Sheba George Mahesh Bhatt
Ms. Sofia Khan Manishi Jani
Hanif Lakdawala Anand Yagnik


Contact Address:
__________________________________________
C/o. Sanchetana Community Health and Research Centre
Institute For Initiatives in Education
O-45/46, New York Trade Centre, Nr. Thaltej Cross Roads
Ahmedabad - 380054.