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Showing posts with label Impunity. Show all posts
Showing posts with label Impunity. Show all posts

February 19, 2023

India: Junaid, Junaid and a Country That Looks Away | Alishan Jafri in The Wire

The Wire

Junaid, Junaid and a Country That Looks Away

 by Alishan Jafri

Last night, I kept thinking about Junaid, the lynching victim. I was not thinking about the grown-up father and husband Junaid who was reportedly burnt alive by Hindutva extremists last week with his friend Nasir. I was thinking about the 16-year-old madrasa student Junaid, who was stabbed over 40 times in a moving train in Haryana when I had just passed out of school six years ago.

 https://thewire.in/communalism/junaid-junaid-and-a-country-that-looks-away

March 24, 2015

Hashimpura acquittals - implications for India’s democracy: Press release from Justice for Hashimpura Committee on 24 March 2015

Full text of the press release issued by Justice for Hashimpura Committee at its widely attended public meeting held at the Indian Social Institute in New Delhi on 24 March 2015. The meeting was opened with initial remarks by Prof. Apoorvanand and by Vrinda Grover, the widely respected human rights lawyer. Justice R. Sachhar (Former Chief justice of Delhi High court), Advocate Rebecca John, Shri W. Habibullah, Tapan Bose, Uma Chakravarty, Harsh Mander, Shabnam Hashmi, Kavita Krishnan, John Dayal, Kamal Chenoy, Usha Ramanathan expressed grave concern at the continuing state of impunity as they spoke in solidarity with the victims of Hashimpura killings. They also underlined the alarming consequences of the systematic and systemic failure of criminal justice system. They pointed out that the injustice for the Hashimpura victims was part of a growing pattern where victims of vulnerable, minority and marginalized communities such as Muslims, Christians, Dalits, Adivasis are being denied justice for the atrocities committed on them. This has serious implications for India’s democracy. The meeting concluded with a determination expressed by all to continue to seek justice and accountability for these targeted custodial killings.
[see Full text here: http://www.anhadin.net/article269.html

[photos below by Mukul Dube]

March 23, 2015

India: Justice for Hashimpura - Survivors, Victim families, Lawyers, Leaders of Civil Society and Activists Speak (March 24, 2015, 4-7 pm, ISI, New Delhi)



March 24, 2015
4 to 7pm
Indian Social Institute
10, Lodhi Road Institutional Area
New Delhi

Survivors, Victim families,Lawyers, Leaders of Civil Society and Activists Speak

Justice Rajinder Sachar
Vrinda Grover
Tapan Bose
Uma Chakravarty
Rebecca John
John Dayal
Harsh Mander
Shabnam Hashmi
& others

Justice for Hashimpura Committee

January 06, 2015

India: Amit Shah and Closed encounters of the ominous kind (Siddharth Varadarajan)

http://timesofindia.indiatimes.com/home/stoi/all-that-matters/By-invitation-Closed-encounters-of-the-ominous-kind/articleshow/45747477.cms
Closed encounters of the ominous kind

Siddharth Varadarajan January 4, 2015

The most astonishing aspect of the CBI court's decision to release Amit Shah from all charges connected to the 2005-06 murders of Sohrabuddin, his wife Kauser Bi and Tulsiram Prajapati is not that the judge chose to see the BJP president's prosecution as politically motivated. Rather, it is that the Central Bureau of Investigation doesn't seem particularly worried about the judgment's implications for its own reputation and for the very future of the fake encounter case.

While discharging Shah from the sensational crime, the court has not only thrown out crucial evidence against the former Gujarat home minister but also undermined the foundations of the case that remains against some two dozen police officials before their trial has even begun.

Questioning the CBI's contention that there was a conspiracy to kill Sohrabuddin — a gangster with connections to the Gujarat police and political establishment who had become an embarrassment to his erstwhile patrons — the judge said the police had every reason to "nab" him since there were cases against him. The implication of this reasoning is that the "encounter" in which he was killed was genuine! The fact is that Sohrabuddin was not arrested but abducted from a bus and murdered. As was his wife, who was travelling with him. This was first established not by the CBI but by the Gujarat CID, which made the initial arrests of senior police officers like DG Vanzara, Rajkumar Pandian and Dinesh MN. Also, it was Gujarat police officers like Rajnish Rai and V L Solanki who helped piece together the crime's 'political' aspects, including the conspiracy to derail the investigation.

It was because of this conspiracy that the Supreme Court gave the case to the CBI. "(C)onsidering the involvement of the State police authorities and particularly the high officials of the State of Gujarat," the SC ruled in January 2010, "we are compelled ... to direct the CBI authorities to investigate into the matter." (emphasis added)

The SC had been told about a meeting Amit Shah held in December 2006 with the then DGP of Gujarat, PC Pande, ADGP , CID GC Raigar and IGP , CID Geetha Johri — then the lead investigator into the case — in which he had allegedly demanded that incriminating investigative reports prepared by Johri's deputy, Solanki, be altered. Solanki refused to cooperate.Instead, he sought to interview Prajapati, who was a witness to Sohrabuddin and Kauser Bi's abduction. Prajapati had shouted in open court in November 2006 that the police were going to kill him because he knew too much. A few days before he was to speak to Solanki, he too was "encountered".

Despite that setback, the investigation progressed after Rajnish Rai was put in charge in April 2007. Arrests were made but within a month, Rai was shifted. Johri was brought back and matters went into limbo for three years until the SC pulled her and the Gujarat police up for not properly investigating the linked murders.

Based on Raigar's testimony and evidence like call records, the CBI eventually charge-sheeted Shah; Johri and Pande were also indicted for helping to destroy evidence. Astonishingly, the CBI court threw out Raigar's statement against Shah simply because Pande and Johri denied the December 2006 meeting took place. In other words, the judge believed the claims of the two co-accused, one of whom had publicly been censured by the SC.

In its 2010 order, the SC had pulled up Johri and her bosses for not properly investigating the telephone trail: "So far as the call records are concerned ... they (have) not been analyzed properly, particularly the call data relating to three senior police officers either in relation to Sohrabuddin's case or in Prajapati's case. It also appears from the (CID) charge sheet ... that the motive ... was not properly investigated into as to the reasons of their killing." The apex court knew "the motive of conspiracy cannot be merely fame and name" for the policemen involved as the Gujarat CID claimed. It knew there were other actors. But when the CBI presented records to show how officers involved in the murders were in constant communication with Shah before and during their crime, the CBI court said the home minister being "in touch with ground level officers is not unusual ... since terrorist activities have increased all over the world."

Though the CBI court's logic runs completely counter to the Supreme Court's arguments, the future of the case now lies with the CBI. Will it aggressively push for an appeal for which it has very strong grounds, or will the 'caged parrot' flap its clipped wings and say only what its political masters want it to? The future of the rule of law, and indeed of democracy in India, will turn on this question.

November 12, 2013

Battle for Justice and Democracy: Laxmanpur-Bathe | Kavita Krishnan

Battle for Justice and Democracy: Laxmanpur-Bathe
in EPW, Vol - XLVIII No. 45-46, November 16, 2013

by Kavita Krishnan

The acquittal of the 26 people found guilty for the Laxmanpur-Bathe massacre of 1997 by the Patna High Court is a grave miscarriage of justice. This article traces the events of that time and the manner in which the ruling of the sessions court, finding these accused guilty, was overturned. It argues that Bihar does not witness a "caste war", rather it is a situation where mainstream political parties have supported and defended sustained violence against the dalits and lower castes, the landless and the powerless by the likes of the Ranveer Sena.

http://www.epw.in/commentary/battle-justice-and-democracy.html

September 06, 2013

India: Bombay's Far Right Shiv Sena opens distributes weapons and gets away with it

From: Daily News and Analysis, September 4, 2013

Of blunt swords and other police dilemmas

by Jyoti Punwani
Swords feature commonly in riots in Mumbai. Ever wondered how people lay hands on this medieval weapon in this 21st century city? It’s not difficult. Last week, Shiv Sena leader Abhijit Panse distributed swords to male and female participants of a dahi handi programme. The men were advised to use them to ‘‘cut off the limbs of those who attack women’’, the women for self-defence. To do so, women will have to carry these swords all the time. Won’t that be a crime? And, are the men supposed to dismember attackers of women as they catch them red-handed, or after they have been arrested? That’s not as improbable as it sounds. At least one recorded instance exists of Mumbai police handing over a deaf-mute Muslim to a Sena mob in the post-Babri Masjid riots.

The Srikrishna Commission inquiring into the riots recommended action against this group of policemen, but the recommendation was overruled by a government-appointed team comprising their colleagues. In another instance, the police asked a Muslim if he wanted to be killed by them or by the Sena. On Justice Srikrishna’s insistence, the Muslim agreed to identify these cops, but backed out on the day scheduled for identification.

Why have the police not acted against Mr Panse? In the only report on the incident, two officers explained their inaction. ACP Dhananjay Kulkarni said he didn’t know if blunt swords could be defined as weapons. But the man distributing them had no such doubts! No complaint had been made, said Joint CP Sadanand Date. Whose complaint is he waiting for? An eye-witness to the distribution? Or someone attacked by these swords?

Similar strange reasons were given by the police to Justice Srikrishna for not arresting Sena leaders. They ranged from not wanting “to hurt their followers’ feelings’’ to not being sure under what offences the leaders could be booked.

Interestingly, Mr Panse seems to live by the sword — no pun intended — doing things “the Sena style’’, as he himself puts it. The police has supported him all the way; whether in 2007, when his followers vandalized internet cafes after an “I hate Bal Thackeray’’ community was found on Orkut; or in 2008, when they put up posters declaring that they were ‘‘proud to be terrorists if killing traitors…bombing those who criticise the motherland and the religion is terrorism.’’ A Thackeray edit in Saamna had called upon Hindus to form ‘‘suicide squads’’ and make ‘‘better bombs’’ against “mini-Pakistans’’ in India.

Defending his posters, Mr Panse had declared: “We are not Gandhians, we are Shiv Sainiks. This is the language we speak.’’ The violent intent of the posters screamed at every passer-by. But not at the police, who were waiting — DCP Milind Bharambe had said then, ‘‘to understand from legal experts the implications of these words,’’ adding for good measure that the posters must have been put up after taking legal advice!

Thus emboldened, Mr Panse went from strength to strength. In 2010, his boys scored two victories against their old enemy — books: burning copies of Rohinton Mistry’s Such a Long Journey outside the University; and warning booksellers not to stock James Laine’s book on Shivaji.

When Muslims who attacked policemen at Azad Maidan last year were thrown into jail, their families recalled the impunity with which members of the city’s two Senas regularly run riot. By choosing not to act against a Sena leader who openly distributes weapons, the Mumbai police is sending out a message that won’t be forgotten.

The author is a Mumbai-based freelance journalist

June 28, 2013

India: Prosecute ATS for fabricated evidence and falsely accusing innocents in Malegaon blasts case

Mumbai Mirror | Jun 26, 2013

Prosecute ATS for Malegaon
by Yug Mohit Chaudhry

NIA investigation confirms ACP Shengal falsely accused nine innocent men and fabricated evidence.

Friday, September 8, 2006: It was one of the holiest days in the Muslim calendar --Shab-e-Barat - when bombs exploded at the Malegaon Chowk, and in a mosquecemetery compound, during the afternoon prayers.

Thirty-one people were killed and 300 suffered injuries in the attacks that visibly targeted Muslims, but the Maharashtra Anti-Terrorist Squad (ATS), in a predetermined manner, immediately blamed Muslim terrorists and arrested nine from the community.

This case was transferred to the National Investigation Agency (NIA) which, while investigating the Samjhauta Express blast, had uncovered evidence contradicting the ATS claims.

After reinvestigating the Malegaon case, the NIA has confirmed that the ATS fabricated evidence against the accused, and that a Hindu terrorist group had perpetrated the blasts. Had the investigating officer, Assistant Commissioner of Police (ACP) Kisan Shengal, succeeded in pulling off this miscarriage of justice, nine innocent people would have possibly been sentenced to death as terrorists, and their families tarnished with this stigma forever.

According to the ATS, the blasts were perpetrated by Noorul Huda, Shabbir Masiullah, Raees Mansuri, Dr. Salman Aimi, Dr. Farogh Magdumi, Mohammed Ali Shaikh, Asif Khan, Mohammed Zahid Ansari and Abrar Ahmed. The ATS said that some of them had trained in Pakistani camps and that all had conspired to:

(a) Wage war against the government.

(b) Terrorize people through wanton killing and bomb blasts.

(c) Incite communal riots and disrupt public order.

(d) Indoctrinate Muslims into terrorist and secessionist ideology.

(e) Avail assistance from Pakistani terrorists.

The NIA's chargesheet debunks these claims comprehensively.

It states that:

(a) ATS witnesses for the alleged seizure of the RDX from the accused denied witnessing these events;

(b) An ATS witness to the alleged seizure of the fake bomb was also shown by the ATS as being present elsewhere simultaneously for the seizure of the deceased's clothes.

(c) The ATS's key witness denied seeing the accused making the bomb and said that "his statement was recorded under duress".

(d) An accused, who the ATS claimed had planted a bomb, was in Fulsawangi about 480 kms away at that time, and another who, the ATS claimed procured explosives, sheltered Pakistani terrorists, assembled the bomb, etc, was in jail.

(e) The blasts were carried outby Lokesh Sharma and others in furtherance of a larger terror conspiracy.
The ATS's false accusations, drawing on stock communal stereotypes equating Indian Muslims with anti-national activity, terrorism and Pakistan, display an institutional bias and communal antipathy unbecoming a secular state.

They also manifest disrespect for truth and the judicial process, which, in a police force, is extremely worrying since evidence is easily fabricated and lives hang in the balance.

Investigation, especially in terrorist cases, must be scrupulously honest, not merely because of accused's rights, but also for our own safety: we have to be sure that the real culprits have been arrested and cannot re-offend. The NIA investigation confirms the belief that even in serious cases evidence is often fabricated, witness testimony coerced, incriminating articles planted, and innocent people falsely accused. Consequently, the administration of justice is brought into disrepute when judicial verdicts are believed to be based on tainted evidence. This has happened in numerous high profile cases, including the Parliament attack case.

Dishonest investigation, custodial torture and extra-judicial killings by the police are endemic in India and carried out with impunity: no policeman has been convicted for these offences in Maharashtra for over 15 years.

Had a few rogue officers been punished, the ATS may not have dared to fabricate evidence in such an important case. However, courts and governments have routinely condoned these excesses and we have become inured. The Malegaon case, an egregious example, must be the starting point where we show our intolerance for such brazen lawlessness by law enforcers and make an example of them to deter others.

The NIA's investigation establishes unequivocally that nine persons, who spent six years in custody, were innocent and were framed by ACP Shengal on a terrorist charge.

He planted RDX on them from a private stash, coerced a corroborative statement from a bogus witness and extorted fictitious confessions from them, which collectively would have sufficed to have them convicted and sent to the gallows. They are free today only because the NIA accidentally chanced upon evidence of their innocence. This must never be allowed to recur.

ACP Shengal must be suspended forthwith, and departmental and criminal proceedings initiated against him for making false accusations, fabricating evidence on a capital charge and coercing false testimony punishable under sections 193-195A, 197, 199, 211, 220 Indian Penal Code. If he is not prosecuted, other officers will do the same with impunity, and people will lose faith in the administration of justice.

For all our sakes, and to maintain the integrity of democratic institutions, it is imperative that the government prosecutes Shengal in a manner that inspires confidence.

February 09, 2013

Shahriar Kabir: Impunity for 1971 war crimes bred Islamic militancy in Bangladesh (Times of India)

Times of India

Shahriar Kabir: Impunity for 1971 war crimes bred Islamic militancy in Bangladesh
By Rudroneel Ghosh | Feb 8, 2013, 12.00 AM IST

READ MORE Ziaur Rahman|Women|Nuremberg|massacre|International Criminal Court
Shahriar Kabir: Impunity for 1971 war crimes bred Islamic militancy in Bangladesh
Shahriar Kabir, executive president, Ekattorer Ghatak Dalal Nirmul Committee and war crimes researcher

Shahriar Kabir, executive president of Bangladesh's Ekattorer Ghatak Dalal Nirmul Committee and war crimes researcher, has been involved in a campaign to bring those accused of war crimes during Bangladesh's 1971 Liberation War to trial. Speaking with Rudroneel Ghosh, Kabir discussed the push for justice decades after the war, the larger significance of these trials — and safeguarding the legal process in a deeply divided polity:

More than 40 years after Bangladesh's Liberation War, how relevant is trying those accused of war crimes?

You have to understand the brutality that was unleashed during Bangladesh's Liberation War by the Pakistani occupation force and its collaborators. More than three million people were killed, more than 2,00,000 women raped, 20 million people forced to migrate to India and another 10 million internally displaced. The world hadn't seen such a large-scale massacre since the Holocaust in World War II.

After Liberation, the Mujibur Rahman government enacted a law to try war criminals and collaborators. But the process was derailed when Ziaur Rahman came to power. However, the victims and their relatives continued to fight for justice — and it was after a long and unprecedented civil society campaign that the trial of war criminals was achieved. No tribunal law stipulates a particular time frame for the trial of war crimes —and this trial is necessary to heal the long-festering wounds of 1971.

You've called for trying the Jamaat-e-Islami, a political party, for war crimes too — please elaborate.

Jamaat-e-Islami was directly involved in war crimes during 1971. It actively collaborated with the Pakistani military junta to unleash genocide on the Bangladeshi people. The Nuremberg trial also tried seven organisations including the Nazi party. Similarly, by trying Jamaat as a party, we will be sending out a clear message that communal politics will not be tolerated. Bangladesh was founded on secular ideals and using religion to justify genocide will not be accepted.

Also, impunity for the perpetrators of the 1971 war crimes bred Islamic militancy in Pakistan and Bangladesh — war crimi-nals came to occupy important positions in government, leading to the rise of Islamic radicalism in South Asia.

Some critics feel the trial doesn't match up to international standards — what is your response?

How do you define international standards? The same question was in fact raised during the Nuremberg trial of Nazi war criminals. Back then, the Allied forces were criticised by some people for carrying out a biased trial. But it's an accepted principle that the trial of war criminals is carried out by the victor.

Also, the International Criminal Court which came into force in 2002 can't try cases retrospectively — so it can't hold a trial for war crimes in Bangladesh. But by enacting and implementing a domestic law for trying genocide, Bangladesh has set an example for other countries such as Rwanda and former Yugoslavia which are still awaiting real justice for crimes against humanity.

Finally, given Bangladesh's divided polity, can there be a guarantee that the trial won't be subverted if there's a change in government?

An uninterruptible war crimes trial is what we've been trying to achieve since 1992 when the movement was led by Shaheed Janani Jahanara Imam. The war crimes tribunal was realised through the efforts of secular civil society — Ekattorer Ghatak Dalal Nirmul Committee and like-minded secular individuals will continue fighting for justice towards victims of the Liberation War, no matter which government is in power.

December 18, 2012

India - Gujarat: The Naroda Patiya verdict establishes criminal conspiracy at high levels

From Economic and Political Weekly,Vol - XLVII No. 51, December 22, 2012

Impunity Punctured: The Naroda Patiya Verdict
by Teesta Setalvad


That there was a wider criminal conspiracy related to the Naroda Patiya incident now stands proved - Maya Kodnani, then a minister in the Narendra Modi-led government, has been convicted on serious charges. But will this verdict prove to be just a prelude to criminal conspiracy being established at a still higher level of the state's executive?


For criminal minds to craft acts beyond popular images of bestiality that are extreme even by our own Bollywood standards is rare, but it can happen. For these criminals to be track­ed down zealously and prosecuted is even more rare. For all this to happen and the powerful to be prosecuted and be awarded exemplary punishment, that too in the case of a mass communal ­pogrom, seemed an impossibility. Yet it all happened when judge Jyotsana Yagnik sombrely meted out punishment for arguably the worst incident of the post-Godhra reprisal killings of 2002 that have always been labelled as state sanctioned, if not state sponsored. On 29 August 2012, presiding over a special court in Ahmedabad, in a trial that was monitored by the Supreme Court, judge Jyotsana Yagnik sentenced a sitting member of legislative assembly (MLA) and former minister in the Gujarat government to life imprisonment. The judge, in a 1,990-word verdict, profoundly reaffirmed an article of faith in the Indian system and justice.

Over 300 incidents spread over at least 19 districts of the state had left 2,500 dead or missing, 19,000 homes demolished, 10,000 plus business establishments destroyed not to mention 297 dargahs and masjids being made targets. Naroda Patiya, on the outskirts of Ahmedabad, where daily wage earners have been living for over a century, was one such target.

It is the carefully crafted understanding of provisions of Indian criminal law on what constitutes a criminal conspiracy and the application of that understanding to the evidence available in the case that makes the judgment of Special Court judge Jyotsana Yagnik both thorough and unique. Section 120-A of the Indian Penal Code (IPC) defines an act of criminal conspiracy as an unlawful act (or series of acts) between at least two persons, with unanimity of purpose, common intent and design, that is then successfully carried out. Criminal common intent, possession of arms, the presence of some of the conspirators at the scene of crime and sufficient evidence on these elements are essential to satisfy the judicial mind that a criminal conspiracy took place. In this case, as many as 81 victim witnesses and 52 other occur­rence witnesses (133 in all) deposed on the extensive character of organised violence that began in the morning (about 9.30-10 am) of 28 February 2002 with the assembly of crowds shouting incendiary slogans that were carried on virtually uninterrupted until late evening. The acts of premeditated violence claimed as many as 95 lives according to the charge sheet while survivors argue that over 120 lives were lost if those missing are added to the tally.

The Evidence

A detailed examination of all the evidence in Part 3, Chapter 1 of the Naroda Patiya trial court verdict delivered on 29 August 2012 outlines the reasons for judicial acceptance of the conspiracy that was hatched. Eyewitness testimonies specifically outlined the criminal roles executed by key accused (15 eyewitnesses deposed on the role of the then minister and MLA Maya Kodnani, another 21 on Babu Bajrangi’s part), while several others deposed about the presence and violent behaviour of all 33 accused since the morning of that day, when mobs gathered near Muslim residences and attacked the homes and place of worship (Noorani Masjid) and continued to spread through the area. Rapes and sexual violence are admitted by the judge to have taken place that evening. Eyewitness accounts form the bedrock on which a crime can be proved; in this case the evidence of witnesses had firm corroboratory evidence in the sting operation conducted by the journalist Ashish Khetan of Tehelka that has been accepted as extrajudicial confessions and relied upon by the judge (Chapter II of the judgment).

Seven years after an incident that ­remains a major reminder of the brutality of Gujarat 2002, effective and valid testimonies of eyewitnesses were possible (between 2009 and 2011) due to the regular and thorough legal assistance provided to victim witnesses, availing of an amendment in Indian criminal law ­following the Best Bakery case and judgment on 4 April 2004.1 Three high courts have since jurisprudentially upheld the right of the victim witness to independently file and argue in appeal against a trial court verdict. This is a tacit recognition that the fate of the criminal justice system cannot be left to the state alone.

This amendment, Section 24(8)(2) of the Criminal Procedure Code (CrPC) ­effected in January 2009, codifies the right of a victim and/or witness to officially engage a lawyer to assist the prosecution by the state, ensuring that aspects of evidence and argument that may be ignored are pursued. In the Naroda Patiya case, not only did Citizens for Justice and Peace (CJP) intervene during critical points of the trial, one of the advocates, Raju Mohammed Shaikh was threatened in open court by a powerful accused, Babu Bajrangi. We also submitted over 650 pages of written arguments analysing the evidence during the trial. The hatching of a criminal conspiracy is a mental process evident in the physical acts of illegality and violence that ensued. To prove this convincingly enough to convict 32 accused (one accused died during trial) undoubtedly requires tested and reliable eyewitness accounts as also corroborative documentary evidence.

The validation of Tehelka’s exemplary efforts (Operation Kalank, October 2007) was therefore critical. Concerned that such valuable evidence must be protected, CJP moved to ensure preservation of the evidence by first moving the Gujarat High Court and then the Supreme Court for orders to authenticate the Tehelka tapes. This was the period when matters were lying before the Supreme Court since May 2002, with prayers for transfer of investigation to the Central Bureau of Investigation (CBI). Both courts declined to pass orders. Concerned that such valuable evidence would be lost with the passage of time, CJP moved the National Human Rights Commission (NHRC) to invoke its powers on preservation of evidence where gross human rights abuse has taken place. The NHRC took note and on 5 March 2008 passed a full bench order and invoked its powers under the Protection of Human Rights Act (PHRA) and handed over the Tehelka tapes to be authenticated by the CBI.2 But for this timely action by the NHRC, the valuable corroborative evidence provided by Ashish Khetan of Tehelka would have been lost. Khetan was examined before the Special Court and his evidence that runs into 110 pages provides further meat to already available testimonies on criminal conspiracy. If the ­Tehelka tapes had not been preserved through authentication by the CBI, they would have met the same fate as another bit of valuable evidence – the mobile phone records CD provided by the then deputy commissioner of police Crime Branch (2002) Rahul Sharma that were shoddily dealt with by the ­Supreme Court appointed Special Investigation Team (SIT) by the time the case reached trial.3

Eyewitness accounts successfully est­ablished that a mob, coming from the ­direction of Krishnanagar and Natraj Hotel, had gathered between the Noorani Masjid and the ST workshop where Maya Kodnani had come with her bodyguard Kirpal Singh, and had incited and excited the crowd to attack and kill Muslims (“Cut off Miyans” (Muslims)) and also attack and brutalise women. Encouraged to violence and assured of protection by an elected member of the ruling party in power, members of the murderous mob began their attack on Noorani Masjid and set it on fire while the police watched. It was the confidence and protection afforded by a powerful person in this case, Maya Kodnani, an elected MLA, that emboldened the mob to criminal actions. This also establishes a chain of command responsibility, from those who conspired and those who physically instigated to those who actually implemented the criminal conspiracy. Those in the mob who successfully carried out the criminal intent carried deadly weapons and inflammable substances like kerosene and petrol. There was also evidence that revealed that the burned and distorted corpses of the victim community were disposed off at Teesra Kua but this aspect too has not been investigated by the SIT.

Several of the violent incidents that are linked to the same act of criminal conspiracy continued throughout the day and again Maya Kodnani and other accused persons had been seen between 12.30 and 1.45 pm coming in a vehicle, alighting, taking out swords from the car and distributing these weapons. The role of the sting operation was vital in proving further aspects of the criminal conspiracy. In his deposition before the court, prosecution witness number 322, Ashish Khetan, confirmed what Babu Bajrangi had boasted of in his taped conversation, that 23 revolvers had been collected by him from persons owning revolvers from the Naroda area to further the conspiracy. Gas shortages for ordinary residences in Naroda Patiya area for weeks before the incident point to a sinister premeditation that precedes even the mass arson of the Sabarmati S-6 coach at Godhra on 27 February 2002. The high probative value of the sting operation stems from the nature of interviews that were recorded with no leading questions being asked, interviews given, moreover, to an independent and disinterested witness. The sting operation was validated through the scientific testing carried out by the CBI pursuant to the NHRC order, and by the oral evidence of the forensic laboratory scientist and the evidence of Khetan.

Organisational Links

Significantly, the organisational links within the conspiracy that were hatched have also been substantially dealt with: the presence of an MLA of the ruling ­dispensation, four other accused were ­canvassers, propagators and election workers of Kodnani, another accused ran her election office, other accused were leading lights of fraternal organisations like the Rashtriya Swayam­sevak Sangh (RSS), Vishwa Hindu Parishad (VHP) and Bajrang Dal.

It was the VHP that called the bandh following the Godhra incident that was supported by the ruling BJP; and it was the accused Bajrangi, a key conspirator, who vowed after the Godhra incident to ensure that the death toll of Muslims was four times the number.

Gender-driven brutalities and violence rarely sustain judicial scrutiny and the narrative of gender violence usually disappears with the onset of trial. In ­another first, the Naroda Patiya trial, mon­itored by the Supreme Court, saw quality legal aid being provided to witnesses. A conducive (not hostile) court atmosphere ensured that the narrative of gender violence returned during ­prosecution.

Women victim eyewitnesses, emboldened by legal assistance and also physical protection given to them under the Central Industrial Security Force (CISF) by orders of the Supreme Court, testified bravely about the extent of gender-driven violence and rape of Muslim girls and women.4,5

Gender Violence

Between pages 368 and 1,759 of the judgment that examines offences of gender-driven violence, the judge categorically observes,

… It would be absolutely incorrect to believe that gang rapes have not taken place. The extra judicial confession of Suresh Langda Chara (A-22) and testimonies of many PW including of PW 205 (the solitary surviving victim of gang rape who has been awarded Rs 5 lakhs in compensation) can safely be relied upon which proves gang rape and rapes have taken place on that day. In the separate chapter on incidents of that day, such occurrences have been discussed and decided.

Proceeding to examine the testimonies of survivors and relatives of victims of gender violence, the judge accepted that indeed such violence took place but severely criticises the Supreme Court-­appointed SIT for failing to make any ­attempt to investigate the perpetrators of these offences. For example, in the case of the lone survivor, the truthfulness and validity of Zarina is accepted (PW 205) as also that of the testimony of her husband, the fact that gang rape took place was proved but the identity of the assailants remains unproven due to the failure of the investigating agency. Similarly, the oral evidence of another woman survivor, PW 158 is accepted and gender violence against one Farzana, Saida and ­Saberabanu proven though the identity of the assailants is left ­unproven, again due to lacunae in the probe. Similarly, charges of gender ­violence have been proven against ­Sofiyabano and Nasimobano. Only one ­accused has actually been convicted ­under Section 376 of the IPC, Suresh Langda (Accused 22), and has been given seven years ­punishment.

Over 165 pages of the judgment are devoted to examining the kind of previous investigation conducted by the Gujarat police in this case (Chapter VI), that is, ­before further investigation was handed over to the SIT on 26 March 2008. Stepping back, a look at the findings of the NHRC (2002) on its suo motu inquiry into Gujarat 2002 is warranted. The NHRC had severely criticised the partisan conduct of the Gujarat police and recommended that this case and eight others be transferred for investigation to the CBI. On the basis of the NHRC report, the CJP had approached the ­Supreme Court on 2 May 2002 praying for a transfer of investigation. The Supreme Court stayed the trials on 21 November 2003 but only transferred investigation to a self-created SIT on 26 March 2008, that is, six years later. Among the compelling reasons for the Supreme Court to accept CJP’s plea for transfer of investigation was the conduct of the crime branch of the Ahmedabad police in the Naroda Patiya case, clubbing as many as 120 ­individual first information reports (FIRs), first ­being merged into 26 FIRs and these then clubbed into a single mammoth FIR, I-C.R.No.100/02. All these group of complaints, viz, 120 complaints, have been treated as part of the complaint filed at Naroda Police ­Station I-C.R.No.100/02.

What is often overlooked or deliberately forgotten is that the names of the ­powerful accused first emerged in the complaints accepted by the local police (between March and May 2002) and were dropped by the Crime Branch thereafter. The clubbing of complaints was effected to both dilute the magnitude of the crimes, as also to drop the name of the powerful accused. This was vigorously argued before the Supreme Court, which accepted these facts and stayed the trials before finally ordering a transfer of investigation in 2008. Discriminatory practices in granting bail were also ­noticed and put forward. While the ­accused in the Godhra mass arson case remained in detention until the completion of the trial in February 2011, those accused of the post-Godhra reprisal killings, barring the few without patronage, had all been released on bail within months of the crimes being committed. This meant ­essentially that ­during the trial, the powerful accused roamed free in neighbourhoods even as victim witnesses deposed against them.

Unsubstantiated propaganda has blurred the strong vindication of both victim witness testimonies and human rights defenders that have essentially prayed for preservation of evidence and non-partisan character of evidence gathering and prosecution. In her close examination of and criticism of the previous investigation by the Gujarat police, judge Yagnik details how PW 274, K K Mysorewala, the first police inspector (PI) at the Naroda police station, despite being aware of the unlawful assembly, criminal intent, presence of accused at Naroda Patiya, did little to intervene. If at all he did the contrary. He did not make any attempts to stop the mob from its violent and criminal acts. After detailed examination of the conduct of both Mysorewala and other police officers, the judge however refrained from accepting the victim witnesses’ plea to arraign Mysorewala and other officials as accused given the fact that evidence against them had emerged during the prosecution. This is a matter that will be agitated by victim witnesses in appeal.

The quality and authenticity of the victim witness testimony received sound treatment by the judge despite crude ­attempts by the defence to discredit the affected victim witness but also to ­deride their evidence.

Yagnik observes at pages 368-70:

This Court has observed that during the deposition many of the witnesses were finding it very difficult to control rolling down their tears on their cheeks. They were eager to show their burnt limbs, their injured limbs and explain their losses to the Court. Many of the parent witnesses were unable to describe about the death of their children in the riot, they became so emotional that very often needed to be consoled and offered a glass of water to complete their deposition. Their pains, agonies, anxiety, effects of shock and trauma were very much visible and noticeable. Even on the date of the deposition they were … very much afraid. They were frequently assured about their security, but when they used to go to identify the accused, it was noticed that many of the witnesses have avoided identifing the accused whom they were knowing very well. Atleast two to three PWs were so much disturbed that their physical health was affected and ambulance had to be called to take them to the hospital.

This flags another issue related to witness protection and prosecution that we pay scant attention to. The Naroda Patiya case took over 10 years to reach judgment, there are still two rounds of ­appeal to go. Serious ethical questions of partisan appointments to public prosecutor posts (from advocates chosen by the Government of Gujarat who were active members of exclusivist organisations accused of organising the violence) have been commented upon by the ­Supreme Court in the interim.

Larger Questions

As the years between 2002 and 2012 wore on, and electoral victories of some among the perpetrators defied the ­demands for non-partisan conduct and constitutional governance, the state found another unique way of patronising the accused. Wary of being pulled up if prosecutors were directly partisan, the state of Gujarat has effectively worked out a system of patronage for an entire panel of advocates appearing for the accused in major trials by hiring them as special public prosecutors with high fees in other cases pursued by the state. There is a need, all the more, for an Independent Directorate of Prosecution controlled not by the executive but the judiciary.

The writ of continuing mandamus is what the Supreme Court exercised when it monitored the major Gujarat 2002 ­trials in response to petitions by victim witnesses and rights defenders. This writ from the higher judiciary remains an exception rather than the rule, difficult to secure. Abiding questions of necessary judicial monitoring, especially when executive misdemeanours are under scrutiny remain in the balance.

Today, while the wider criminal conspiracy related to the Naroda Patiya incident stands proved with a member of the ruling party convicted on serious charges, the mass-level criminal conspiracy alleged to have taken place in 300 locations remains at the magisterial court at a fledgling stage.

The Naroda Patiya verdict cannot but influence the judicial scrutiny and assessment of the wider substantive charges in the Zakia Jafri complaint dated 6 August 2006. Did Kodnani execute a conspiracy in isolation or was she part of a ruling group that encompassed the highest levels of authority and governance? Did she act on her own when she was inspired to instigate a crowd to commit mass violence or was she offered the highest level of impunity from prosecution, the kind of impunity that her presence gave the executors of the rapes, burnings and bestialities committed at Naroda Patiya on 28 February 2002?

The path-breaking verdict in the Naroda Patiya case could well be just the prelude to criminal culpability being ­established at a still much higher level.

Notes

1 Citizens for Justice and Peace engaged three lawyers to assist victim witnesses through the Naroda Patiya trial.

2 NHRC’s orders can be read at http://www.cjponline.org/modiscorder/080305%20NHRCORDERSTehelka.pdf

3 Chapter III of the Naroda Patiya judgment, pages 792-99, has serious observations on the SIT’s failure to effectively clinch ownership and use of certain mobile phones.

4 In May 2004, on an application by CJP and argued by the then amicus curiae, Harish Salve, 570 witnesses were given cluster protection by the central paramilitary including human rights defender Teesta Setalvad. Once trials began special witness protection was given to all ­victim witnesses ensuring that they deposed without fear or favour.

5 In June 2010, the CJP submitted a CJP Survivors Report to the CEDAW Committee of the United Nations.

Teesta Setalvad (teestateesta@gmail.com) is secretary, Citizens for Justice and Peace.

November 21, 2012

Ek Tha Tiger: Death and Bal Keshav Thackeray

From: Outlook, 20 November2012

by Shuddhabrata Sengupta


We have reasons to be grateful that Bal. K. Thackeray has died, a normal, natural death. Several of those whom he admired, didn’t. Adolf Hitler, the fellow ‘artist’ he often invoked, killed himself, his mistress and his dog. Indira Gandhi, and her son Sanjay, the mother and son firm of despots that Bal Thackeray endorsed, didn’t go gently into the night either. Sanjay Gandhi, the ‘bold young man’ whom Thackeray recognized as a fellow spirit, came spiralling down in his own airplane, demonstrating that the indifferent sky does occasionally listen to the prayers of the earth to alleviate its burden. Indira Gandhi and her son Rajiv both fell to the forces that their own ruling dispensation had nurtured, Khalistani zealots and the LTTE. Bal Thackeray was lucky to have lived as long as he did, sipping his lukewarm beer, spitting out his bile. Very lucky. As for us, we are fortunate that Thackeray did not get to go down as a Maratha martyr, just as a lapsed cartoonist, a would-be caudillo and a has-been demagogue.

Had it been otherwise, had Thackeray been stopped mid-stride by a bomb or a bullet in much the same way as he had personally authorized the culling of many other lives, the city once known as Bombay would not have been the way it is today—relieved to be back on its feet, and reasonably at peace with itself. And no one on television, especially on Times Now, would have had the marvellous opportunity to sing paeans on the day of the state funeral (for someone, who, had he have made his career across the western border, they would not have hesitated to condemn as a ‘non-state actor’ of the script of state sponsored terror) to how ‘nice’, and disciplined, the Sainiks had been, generally speaking.

Arnab Goswami’s enthusiastic eulogies to Bal Thackeray the day before (segueing so perfectly to the really dignified muzak on the soundtrack) unfortunately left him with a slightly sore throat yesterday evening when he had to (rightly) take on Rahul Nervekar of the Shiv Sena on the unfortunate party-pooping embarrassment of the matter of two young women (a ‘Facebook poster’ and her friend, ‘the liker’) who had to be arrested and then let out on bail by the police force of Palghar in Thane, Maharashtra, for daring to suggest that “just due to one politician died a natural death, everybody goes bonkers…today, Mumbai shuts down due to fear, not due to respect”.

How terrible it must be to eulogize the master at one moment, and then upbraid the disciple the next, for following faithfully in the precepts laid down by the master. It is the flawless straddling and negotiation of profound existential dilemmas such as these that makes Arnab Goswami and people like him in our midst such intellectual giants.

As we know by now, the clinic of an uncle of one of the young women was vandalized and patients had to be evacuated to make way for the sadness of Shiv Sainiks. The two women have posted bail for fifteen thousand rupees each and as of now, they still have to report each Wednesday to the police station so that the Maharashtra Police can ‘investigate’ their conduct.

Otherwise, this was such a lovely funeral. As family oriented as a Yash Chopra farewell, with film stars in attendance and Lataji and Amitji and Sushmaji and Jijajis and Salijis and Netajis of various descriptions doing what they do best, offering 'bhavpoorn shraddhanjalis' (‘heartfelt homage’) at regular intervals.

I say ‘otherwise’, because November funerals have a way of going wrong. Horribly wrong. Those of us who have lived through the consequences of the repeated airing of the 'khoon ka badla khoon se lenge' (‘blood for blood’ ) slogans on television when Indira Gandhi’s bullet riddled body lay in state in Teen Murti Bhavan in Delhi on the 1st of November (a day after she had been shot) 1984 know to what extent grieving Gandhian congressmen could go to mourn their dear leader. A great tree fell, the ground shook, and a few thousand Sikhs were dispensed with in Delhi. Nothing really happened to the loyal riotous mourners, and the ruling party got the sympathy vote. Except for the fact that H.K.L. Bhagat, mourner-in-chief, and pogrom architect, apparently went mad in his declining years, and would be spotted stark naked, followed by his security detail, ranting to himself. The curse of some Trilokpuri widow might have found its mark. The curse of Naroda Patiya and Best Bakery might yet some day catch up with the man who said he had only followed his ‘marg-darshak’ Thackeray’s inspiring footsteps to get to where he is today. I sincerely hope so. I hope it delivers an appropriately naked and pathetic form of dementia when its time comes.

Imagine what price Bombay might have had to pay for the grief of angry Shiv Sainiks, had the inevitability of the demise of the Hindu Hruday Samrat / ‘Emperor of Hindu Hearts’ (Mark 1) not been as predictable, banal and medicated as it turned out to be in the end. Those who live by the sword, have a tendency to die by the sword. Thackeray lived by the sword, but thankfully, died on the ventilator.

Death and Bal Keshav Thackeray go back a long way. I doubt if any other Indian politician has the record of publicly handing out as many death threats as Bal Thackeray did in the course of his career. He made death threats in his speeches, interviews and his editorials. He called for war, for murder, for suicide squads, for retaliatory terrorism, for hanging, day in and day out, not covertly, but overtly. And there has been not a single instance when any of his exhortations to violence (judicial or extra-judicial) has ever had any legal consequences for him.

The first political assassination in Bombay, an event that changed the course of the city, was the targeted killing of the popular and militant Communist trade union activist and sitting MLA, Krishna Desai in June 1970 by the Shiv Sena. It was this killing, and the previous incidence of arson (1967) in which the Shiv Sena burned the CPI led office of the Girni Kamgar Union that acted as symbolic markers of the Congress patronized rise of the Shiv Sena in Bombay politics. At that time, the Shiv Sena, acted as the private militia of the Maharashtra Congress chieftains Vasantrao Naik and Vasantdada Patil, who were eager to please their clients—the respectable industrialists of Bombay who were getting increasingly impatient with a restive and resistant working class. So much so that the Shiv Sena earned for itself the ill deserved sobriquet of ‘Vasant Sena’ (which brings dishonour not to the Shiv Sena, but to the memory of Vasantasena, the elegant and large-hearted courtesan of Sudraka’s Sanskrit play Mricchakatikam). The Shiv Sena did in Bombay then what the bouncers and goons of Congress ruled Gurgaon and Manesar do in Haryana now. They kept the industrial peace for greedy and rapacious managements through a reign of terror.

In a public meeting at the Robert Money High School in 1970, soon after the killing of Krishna Desai, Bal Thackeray congratulated ‘his’ boys for the deed, and said that the event should be a warning to all ‘Lal Bhais’ (Reds) for what was to follow if Bombay did not yield to the supremacy of the Shiv Sena. [For details of this incident see the section titled 'Killing for a Cause : Shiv Sena's Striking Power on page 91 in Dipankar Gupta's 'Between Ethnicity and Communalism: The Significance of the Nation-State' in Religion, Violence and Political Mobilisation in South Asia edited by Ravinder Kaur, Sage Publications, New Delhi, 2005]. He then went on to campaign in the by-election that occurred due to Desai’s death against his widow, the CPI candidate. And the first Shiv Sainik MLA, Vamanrao Mahadik entered the Maharashtra assembly, over the dead body of Krishna Desai, courtesy Bal K. Thackeray.

Emboldened by the impunity he enjoyed in the wake of Krishna Desai’s killing, Thackeray embarked on a long career of calling for murder and deportation and enjoying the death or humiliation of others, be they Communists, Trade Union activists, Dalits, Muslims, Pakistanis, Bangladeshis, Kashmiris, North Indians (his previous ire against what he called yandu-gundu South Indians seemed to have mellowed over time, though the first riot that the Shiv Sena organized, against Kannadigas, in February 1969, did leave 59 people dead in its wake). He openly advocated terrorism when he called for ‘suicide squads’ to redeem Hindu honour, and exulted in the orgy of blood letting that took place in the wake of the demolition of the Babri Masjid.

To be treated to pious eulogies and calls for decorum while dealing with the memory of the departed Thackeray on television is to understand that for our elites, one should not speak ill of the dead even when the person in question never played by that same rule. The famous Marathi pride that Bal Thackeray, according to our television pundits, was able to foster (his one ‘great’ contribution), seems to be nothing other than the egregious arrogance of the schoolyard bully, whose only way of bolstering his own self-esteem is to enjoy abusing others. Like every schoolyard bully, Thackeray was basically a coward, cowing to the greater might of Sanjay Gandhi and Adolf Hitler whenever inspired to do so and behaving with reasonableness, courtesy and good humour towards captains of industry and finance, whenever necessary. Having broken the back of working class militancy the city, not even once in his long career did Thackeray ever call out the Shiv Sena’s famous muscle power on to the streets for the rights of Mumbai’s poor and marginalized. It was always, always against the poor, against marginalized communities, against immigrants, against workers (the Shiv Sena did not, for instance, intimidate mill owners into submission during the textile strike, though ostensibly, they lent the workers their inconsistent and token support). Or, it was for some self-declared notion of what the dignity of being Marathi and/or Hindu meant.

The idea that Thackeray and his goons ruled Bombay because of fear is somewhat misplaced. Yes, the terror that they exercised on the ground did have its chilling effect, but more importantly, they were allowed, even encouraged to exercise that power by Bombay’s political, industrial and financial elite. They had no reason to fear Thackeray, because ultimately, the Shiv Sena and Thackeray always acted in their interest. In the end, he became one of them, but it is always important to remember that he began as their reliable enforcer, the bouncer at the door to their party. No government, Congress, NCP or otherwise, ever took him on, (despite for instance the findings of the Shri Krishna Commission on his incendiary role in the Mumbai Riots of 1992) not because they were afraid of him or his capacity to rule the streets (governments in India have acted with promptness on the streets whenever they have felt the need to, and with great lethality and disproportionate force—they faced a march of more than a million people in Srinagar in 1989 with bullets, leaving hundreds dead in what has become famous as the Gawakadal Massacre, they have bombed a city like Aizawl in 1966 into submission using air power, they commandeered entire divisions of the Army to move into the Golden Temple in Amritsar when they felt the need to). The truth is, they did not take Thackeray and the Shiv Sena on, even when they were a direct threat to urban peace, not because they could not, but because they did not want to. He was way too useful, handing out threats and thugging it out in Mumbai so that they and their order prevailed.

In a widely reported bouquet of fulsome eulogies, captains of industry, finance, film and public relations, paid their respects to Thackeray. Mukesh Ambani, Chairman, Reliance Industries said ‘our country has lost a great leader’. Deepak Parekh, chairman, HDFC Bank spoke of how his eloquence (read foul language) and his charisma (read bullying) made him a legend, because he was after all, a ‘pro-industry’ visionary. Rahul Bajaj, Chairman of Bajaj Auto tellingly recalled how despite ideological differences, he had good relations with him, especially as he had ‘helped in sorting out a workers-related issue in his manufacturing facility’. Anand Mahindra, Chairman, Mahindra and Mahindra tweeted about how the citizens of this state will ‘miss their champion’. Niranjan Hiranandani and Rahul Bajaj both spoke fondly of his ‘sense of humour’. Suhel Seth said that ‘whatever his politics…his nationalism and zeal could never be questioned.’

Bollywood film stars, the ornaments of the ruling class, were not far behind their masters. Amitabh Bacchan, offered his eulogy to a man who basically ran his relationship with the film industry in the form of an elaborate protection racket. Lata Mangeshkar said he made Mumbai great. Shahrukh Khan regretted not resolving his differences with him. Riteish Deshmukh called him a hero. Tweet after nauseating tweet spoke of the cosiness between filmdom and fascism.

All this, apparently, because he was, as several television commentators said, ‘a straightforward man, a man who spoke what he thought, did what he believed’. Since when was straightforwardness a virtue when it comes to the projection of evil?

In a television interview given to Rajeev Shukla, 16 years ago (re-run recently), at the height of his powers, Thackeray assents to the description ‘I am the Hitler’ of Maharashtra, rubbishes democracy, extols the virtues of dictatorship and says that if he were prime minister he would ‘saaf karo Kashmir’ (‘clean up Kashmir’) and wipe out every Bangladeshi from India. He is not drunk, he is not mentally unsound. He is in full control of everything he is saying and thinking, and I for one am very glad that his ambition to be the ‘Hitler’ of India did not come to fruition. The schoolyard bully never got to leave his corner of the pitch.

I believe the correct term for this sensibility is not straightforwardness but arrogance, born of a sense of impunity that comes to a man who knows that those who really rule let him rule. Behind every schoolyard bully, there are way bigger bullies, watching his back. The only difference between them and their front man is a degree of fake civility. Their language is smoother.

Much has been said about the 2.5 million who came out to pay him homage. Bombay/Mumbai has a population of something close to 12.5 million, and if approximately one sixth of that population is persuaded by the Shiv Sena to shed tears, it does not indicate to me an overwhelming surge of grief. Perhaps a large number of the 10 million, or five-sixths of the city, who chose not to come out on to the street were relieved that they would not have to wake up on some random morning to hear the latest fatwa from Matoshree? Perhaps, when some people invoke the Ek tha Tiger (‘Once there was a Tiger’) motif in response to Thackeray’s passing, parsing both the Shiv Sena’s mascot and Salman Khan’s recent hit in one swift move, it is not unreasonable to read a careful stress on the 'tha’—the ‘has been’ in their utterance. The passing of a predator can bring relief to the prey.

The death of tyrants (when they die in harness) is usually followed by carefully stage managed and orchestrated scenes of public displays of grief. The deaths of Stalin, Ayatollah Khomeini and more recently of Kim Jong Il and Kim Il Sung in North Korea were all occasions of great public demonstrations of sorrow. Pyongyang has a population of three million and approximately one and a half million (half the city) reportedly turned up to weep at the ‘dear leader’s’ funeral. Does that mean that North Korea’s ‘dear leader’ is even more dear (by ten and one-eighth times) to the people of Pyongyang than the Hindu Hruday Samrat is to the people of Mumbai. Whatever be the arithmetic, the YouTube uploads of Pyongyang citizens breaking down about the departure of their ‘dear leader’ evoke the same emotions in me as the ones I have experienced at the lachrymose excesses reported from Mumbai on our television screens.

I am not denying that an element of spontaneity may animate such occasions, but is that enough reason to consider the deceased and their actions above board, or the grief, to use an understatement, somewhat overblown? Or is it instead reason to give serious thought as to why and under what conditions can millions of people give their actual consent to their own dehumanization in the name of the fiction of an identity or the tang of mythical greatness or manifest destiny? I am not asking us to dismiss the emotions that were so visible in the farewell to Thackeray. I am asking us all to think very seriously about the nature of the profound emptiness in the lives of people that makes it possible for them to identify, almost filially, with a man who in his outspoken disdain for democratic values (despite how ‘directly he did or did not make eye contact with the masses’) in reality held ordinary people in the greatest contempt. The ‘Marathi Manoos’ he invoked had nothing of the extraordinary liberality, openness and free thinking spirit that marked Marathi culture’s tryst with modernity. Instead, it squandered the rich inheritance and greatness of Agarkar, Ranade, Phule, Ramabai, Ambedkar, the two Kosambis, Dalwai, Vijay Tendulkar and Pu. La. Deshpande into a meaningless posture of empty macho defiance at anything remotely resembling the life of the mind in its own environment. In retrospect, Bal Thackeray, by urging Marathi men (and it was largely men) to elbow their way into being the prize fighters in Mumbai’s gladiatorial circus on the basis of muscle power alone made sure that they effectively subverted Marathi culture’s capacity to respond with intelligence to a changing world. No one has done more to harm what it means to be Marathi in recent times. Marathi pride cannot come from Marathi signboards, statues, protection rackets in employment and cosmetic nomenclatural changes. It can only come from a healthy culture of debate and open ended thinking—something that Maharasthra once led this country in, and now, like Bengal, has now lost almost entirely, due to the politics of populism.

Yesterday evening, like many other people on Facebook, I re-posted what was apparently posted by one of the two young women of Palghar, Thane, and called for others to do so as well, out of solidarity. The status update (which is not exactly what the young woman Shaheen Dhada had written—see here for her precise words), simply said, “People like Bal Thackeray are born and die daily and one should not observe a bandh for that”. It went viral within moments. While I endorse the sentiment that underlies this statement I have to make my disagreement with at least one of its presumptions clear. Yes, people like Bal Thackeray die daily and one should not observe a bandh for that. But no, people like Bal Thackeray, are thankfully, not born daily. (And Shaheen Dhada, we must remember, does not say so either.)

I hope that no one like Bal Thackeray, or his favourite artist, Adolf Hitler, is ever born again.

Ek tha Tiger (Once there Was A Tiger) is way preferable to Lo, Ek Aur Tiger (Lo, Once Again a Tiger.).
--
First published on kafila.org

October 02, 2012

The SIMI scare - Indian Express series by by Muzamil Jaleel (The case against UAPA)

When ISI became a ‘front for SIMI’
by Muzamil Jaleel (1 October2012)
http://www.indianexpress.com/news/when-isi-became-a--front-for-simi-/1010126/

The posters that landed retired SIMI secy in jail
by Muzamil Jaleel (28 September 2012
http://www.indianexpress.com/news/the-posters-that-landed-retired-simi-secy-in-jail/1008884/

Over a month, four ‘terror’ arrests in Indore for ‘shouting slogans’
by Muzamil Jaleel (27 September 2012)
http://www.indianexpress.com/news/over-a-month-four--terror--arrests-in-indore-for--shouting-slogans-/1008344/

2 years, 5 cities, 6 cases – and ‘proof’ everywhere is the same magazine
by Muzamil Jaleel (26 September 2012)
http://www.indianexpress.com/news/2-years-5-cities-6-cases---and--proof--everywhere-is-the-same-magazine/1007920/

A children’s magazine, newspaper, Urdu poetry – anything can land you in jail
by Muzamil Jaleel (25 September '12)
http://www.indianexpress.com/news/a-children-s-magazine-newspaper-urdu-poetry---anything-can-land-you-in-jail/1007411/

September 19, 2012

Ham handed ways of special cell of the Delhi police exposed

Jamia Teachers Solidarity Association released a 180 page report — ’Framed, Damned and Acquitted: Dossiers of a Very Special Cell’ — at a widely attended public event on 18 September 2012 at the Jamia Milia University in New Delhi. This document reveals 16 cases in which those accused of being operatives of various terrorist organizations arrested mostly by the Special Cell of Delhi Police, were acquitted by the courts, not simply for want of evidence, but because the evidence was tampered with, and the police story was found to be unreliable and incredulous.

http://www.sacw.net/article2862.html

http://t.co/6K8lL4eV