Silent Emergency: People's hearing on fabricated cases

A people’s hearing on fabricated cases will be held at the Constitution Club, New Delhi, on Friday, September 28, and Saturday, September 29.

Justice Rajinder Sachar, Dr Binayak Sen and Saba Naqvi are among the members of the jury.

The following is a communication from the organizers of the event:

The nightmare of the infamous Emergency of Mrs. Indira Gandhi was supposed to be over in 1977 when it was lifted after two years due to large scale public protest. Political parties, institutions and individuals who defended Emergency were discredited. The sigh of relief evoked a hope for a functioning democracy in India.

But today, we are entering a similar phase of authoritarian governance without any formal declaration of Emergency. This Silent Emergency has regulated, controlled and restricted all space for democratic public protests against ruling governments. Custodial deaths and encounter killings have become a routine phenomenon. Rape, murder, loot, torture and arrests in Manipur, Nagaland and other north eastern states as well as Kashmir have even crossed the excesses of the Emergency period. Many discriminatory laws have been enacted to silence the Media without a censorship. Several discriminatory laws were enacted to enhance and strengthen the power of the State over civil society and crush dissent.

Laws to facilitate corporate control and loot of the resources of people are being enacted. This has also become a major reason for violation of the human rights of Adivasis, Dalits, minorities, farmers, fisher people, workers, activists and human rights movements. The human rights defenders who take up burning issues of the people are being targeted. False cases are being fabricated against activists, people’s movements, media, theatre activists, minorities, self-determination movements, Dalits and Adivasis in a major way. Thus thousands of innocent people are languishing in Indian jails without any trial.

In the context of the Silent Emergency in our country we would like to invite you to attend the ‘PEOPLE’S HEARING ON FABRICATED CASES’ which has the following objectives:

• To defend fundamental rights, human rights and the Indian Constitution to preserve our democracy
• To popularize some of the most brazen cases of fabrication of false charges against political dissidents and members of the Muslim, Dalit and Adivasi communities
• To facilitate further legal action for freedom of these innocent people
• To generate pressure on the mainstream media to play a more socially responsible role
• To generate pressure on the institutions of Indian State for the release of undertrials.

The Programme:

The organizers expect the participation of around 50 victims, their family members or friends whose testimonies will be heard by a jury comprising of judges, lawyers, journalists, human rights activists and artists. After listening to all the presentations the Jury will report their observations and conclusions with clear recommendations for various institutions of the Indian State.

Organizers: Solidarity Youth Movement – Kerala, Indian Social Action Forum – INSAF, PUCL, AISA, SIO, Right to Food Campaign, KSMTF (Kerala Swathantra Matsya Tizhilali Federation), PPSS (Anti Posco Movement), ICR, Focus on the Global South, Justice for Maudany Forum, Visual Search, Moving Republic, SAHELI, Pedestrian Pictures, National Campaign Against Fabrication of False Cases, www.fabricated.in, Jamia Teachers Solidarity Assiciation, Jamia Student Solidarity Forum, Bharathiya Muslim Mahila Antholan, National Adivasi Alliance, Kabani - The Other Direction, Human Rights Alert, Dalit Human Rights Movement (DHRM) – Kerala, Forum for Democracy and Communal Amity, Action for Social Equality, INSOCO - Indian Solidarity Committee for freedom democracy & human rights, Center for Harmony and Peace – Varanasi, PUDR, Socialist Front, Student of Resistance.

Findings of the People’s Tribunal on “State action in the name of countering terrorism and conversions”

The following is a report from Kavita Srivastava, General Secretary, People’s Union for Civil Liberties, Rajasthan, giving the preliminary jury findings and recommendations of the People’s Tribunal on State Action in the Name of Countering Terrorism and Conversions, held at Jaipur on November 7 and 8, 2008:

The two-day hearing organized by more than two dozen human rights and social organizations at Rajasthan Samagra Sewa Sangh concluded on the evening of November 8. It had the participation of over 200 women, men and children.

The Jury of the Tribunal was chaired by Justice S. N. Bhargava, former Chief Justice of Sikkim High Court and former Chairperson of the State Human Rights Commission, Prashant Bhushan, Senior Counsel, Supreme Court of India, Dr. Ram Punyani, formerly Professor, IIT, Mumbai, Dr. Sandeep Pandey, Magasaysay Award winner and Convenor of the National Alliance of People’s Movements (NAPM), Neelabh Mishra, Editor, Outlook Masik, and Dr. Yoginder Sikand, writer on Indian Muslim issues.

More than 40 persons deposed before the tribunal. They included survivors (the seriously injured) of the May 13th Jaipur serial bomb blast), innocent Muslims who were kept for several days in illegal custody in the name of investigation of the bomb blast, survivors of the ethnic cleansing of the Bengali-speaking migrants in the name of illegal Bangladeshi migrants and Christian priests who bore the brunt of the State-supported Hindu Right-wing violence. Several lawyers, journalists, activists, teachers and children also deposed, adding evidence of the violations on the minorities.

The Jury, after listening to the survivors, their advocates and social workers for over two days reached the following preliminary findings:

1. SETTING UP COMMITTEE FOR THE MONITORING OF THE INJURED OF THE MAY 13 SERIAL BOMB BLAST OF JAIPUR

According to us the members of the jury there are widespread complaints about the distribution of compensation to the blast victims. There were also complaints about the nature of relief received and the quantum of compensation given to those who were injured.

It is recommended that those who have been injured must not only be compensated for injury but also for loss of livelihood during their period of injury and disablement. A monitoring committee should be created to monitor the health condition of these injured along with the distribution of compensation which should include the fund for education for children, livelihood, social security of the old and medical fund.

A white paper should be issued by the government about receipt and expenditure of all money received and spent by the government with respect to the blasts.

2. VIOLATION OF THE LAW AND ETHNIC PROFILING OF THE MUSLIMS BY THE RAJASTHAN POLICE AND THE MEDIA IN THE NAME OF INVESTIGATION OF THE JAIPUR BOMB BLAST

ETHNIC CLEANSING OF THE BENGALI-SPEAKING MUSLIM MIGRANTS

DEMANDING THE SETTING UP A HIGH POWERED INQUIRY COMMISSION OF AT LEAST THREE RETIRED JUDGES OF THE SUPREME COURT TO EXAMINE THE INVESTIGATION OF THE BOMB BLAST CASES

The police authorities investigating the terror offences appear to be violating all the laws of the land and directions of the Supreme Court during the conduct of the investigations. In particular, many persons have been detained for days or weeks, without showing them to be arrested and without producing them before any Magistrate. They have been sometimes tortured and humiliated by the police officers. They have not been allowed to meet their relatives and lawyers, who have often not even been informed of their detention. The investigation of the blasts by the police also appears to be communally motivated and only persons belonging to the Muslim community have been the target of the investigations. The names of HUJI and SIMI have been bandied about by the police as the perpetrators of the blasts without any evidence. A number of former members of SIMI have been arrested and detained without any basis or evidence against them. The media has also been uncritically repeating and amplifying the baseless allegations and innuendoes of the police mentioning persons and organizations belonging to the Muslim community, thus resulting in ethnic profiling and feeding into the Islamophobia being sought to be created and reinforced in the minds of the Hindu community by the Hindutva organizations. In Jaipur this has resulted in the vilification of the entire Bengali Muslim community who have been victimized by the Hindutva organizations in complicity with the police. Thousands of them have after the blasts been picked up and forcibly transported to New Jalpaiguri and then Bangladesh without any due process of law and without giving them an opportunity to show their Indian Citizenship. This has resulted in the ethnic cleansing of Jaipur.

We feel that in the light of similar evidence that has been coming from other parts of the country about the targeting of innocent persons, particularly from the Muslim community by the police for various blasts taking place in the country, it has become necessary for the government to set up a High powered Inquiry Commission of at least 3 retired Judges of the Supreme Court to examine whether the police investigations into the various serial blasts which have taken place across the country this year are being done honestly and whether members of a particular community are being victimized in the investigations. This has become necessary because of a strong and widespread feeling of victimization among the Muslim community of the country which is leading to a strong sense of alienation, despair and anger. Unless this is addressed and redressed it may have disastrous consequences for the country.

3. SETTING UP OF A POLICE COMPLAINTS AUTHORITY

It has become particularly urgent to set up police complaints authorities at the district and State levels as directed by the Supreme Court in the police reforms judgement.

4.STRENGTHENING OF THE HUMAN RIGHTS COMMISSIONS

The National and State Human Rights Commissions need to be strengthened by giving them adequate powers, providing them with their own dedicated police machinery and also by broadbasing and making transparent, the selection of their members.

5.ADEQUATE REPRESENATION OF MINORITIES IN THE STATE POLICE SERVICES

The time has also come to ensure by law that every State police service should have adequate representation from the Minority communities in the State.

6. BIASED MEDIA REPORTAGE OF THE BLAST INVESTIGATION

The role of the media in the reportage of the blast investigations has by and large been extremely biased. They have been uncritically purveying and amplifying unsubstantiated and motivated leaks and plants by the police, which has led to the destruction of the lives and reputations of many innocent persons. It also seriously prejudices their fair trial. It has also led to communal profiling and vilification of the Muslim community as terrorists. The Press Council should lay down clear guidelines regarding such reportage and should be given powers to enforce those guidelines.

7.JUDICIARY OUGHT TO PROACTIVELY PREVENT THE VIOLATION OF THE LAW BY THE POLICE

The judiciary has also not been taking steps to ensure that the police during these investigations act within the law and do not indulge in extra judicial detention, torture and victimization of innocent persons. They need to be proactive in ensuring this and taking action against errant police officers. In particular, all proceedings related to such offences need to be taken up and disposed with utmost expedition.

8.STATE SUPPORT TO HINDUTVA RIGHT WING FORCES TO INDULGE IN VIOLENCE AND HATE OF MINORITIES

We find that various Hindutva organizations which have been indulging in violent crimes of mob violence and of provoking enmity and hatred among communities are being allowed to do this with impunity and have not been brought to book. This is resulting in the strengthening of their hold over the establishment of the country and their clout in civil society. It has become imperative for the authorities, particularly the police and the judiciary to take strong action against them and their members for their illegal activities.

9.THE COMMUNAL ACTIONS OF CORPORATE HOUSES

It is unfortunate that Corporate leaders like Infosys have resorted to firing innocent persons who were detained by the police despite the fact that no chargeswere finally brought against them. This practice is totally unfair and illegal and must be stopped immediately.

10.BAR ASSOCATIONS ACTING AGAINST THE PRINCIPLES OF NATURAL JUSTICE

We find that Bar Associations have been passing resolutions directing lawyers not to represent those accused of terror offences. This is not only against the principles of Natural Justice, but is also contempt of Court. Strong action needs to be taken against the office bearers of such bar associations by the Courts.

Participating human rights bodies:
People's Union for Civil Liberties, Rajasthan (PUCL), Rajasthan Smagra Sewa Sangh, Jamaat e Islami Hind, Rajasthan Samta Sainik Dal, Centre for Dalit Rights, All India Peace and Solidarity Organization (Rajasthan), Jaipur Christian Fellowship & Rajasthan Christian Association, National Muslim Women's Welfare Society, Jaipur, Sohard Resource Centre for Peace and Harmony through the Arts, Academy for Socio Legal Studies, Sadbhav Manch, IRADA, Bhai Chara Foundation, Rajasthan, National Federation of Indian Women, Human Development Society and Milli Council

Contact Persons:
Prem Krishan Sharma (9414055811), Kavita Srivastava (9351562965), Sawai Singh:(0141-2552878), Prof Salim 9829098734, Tek Chand Rahul- 9414238153, P. L Mimroth O Harold Singh (9314871749), J K Sharma (9314888785), Father Coelho (9414072244), Nishat Hussein (9829334500), Sabir Khan (9314513830), Prakash Chaturvedi (9414073997), Than Singh (2593533), Prof M Hasan (9829296086), Ved Vyas (9414054400), Nisha Siddhu (9414443607), Rashid and Inftikar ( 9828017168)

Address for correspondence:
Ms. Kavita Srivastava,
76, Shanti Niketan Colony,
Kisan Marg,
Barkat Nagar,
Jaipur-302015
Tel. 0141-2594131
Mobile: 9351562965

People’s Tribunal on State action in the name of Terrorism and Conversions in Rajasthan

The following is a communication from civil society activists who are organizing a People’s Tribunal to hold public hearings on Rajasthan’s experience with regard to State action in the name of countering terrorism and conversions. The hearings will be held in Jaipur on November 7 and 8, 2008.


Dear friends,

We would like to invite you for a People's Tribunal on "State action in the name of Countering Terrorism and Conversion- Experiences ofRajasthan ", being organized in Jaipur on 7 and 8 November, 2008 at Rajasthan Samgra Sewa Sangh, Durgapura, Jaipur.

As you are aware, the Muslim community is being stereotyped in Rajasthan, like in the rest of country, making them responsible for the bomb blasts. In the aftermath of the Jaipur bomb blasts of May 13, 2008, a large number of Muslims were rounded up by the Rajasthan Police, in many cases violating the rules of the CrPC relating to investigation and interrogation.

The first attack was on the poor Bengali-speaking migrants, all of whom were Muslims. In the name of being called Bangladeshis, they faced the wrath of the State. Many of these migrants were arrested, they lost their livelihoods and finally through an indiscriminate campaign of the administration, police and saffron groups like the ABVP, BYM, with the objective of "pushing them back" into Bangladesh. Basti after basti was emptied of these migrants and their land taken away. Several of these families who came from West Bengal forty to fifty years ago were pushed into Bangaldesh.

The second attack was on the local Muslims. Initially several hundreds were rounded up in police stations in Jaipur. Later more than fifty people were picked up from various districts of Rajasthan and subjected to several days of interrogation, which for some went beyond three weeks. In the month of August more than 1 3 of them were arrested and one picked up from Lucknow. The reporting in the local and metro media was such that demonised the entire Muslim community and also individuals who were taken into police custody. One electronic channel went to the extent of calling two innocent doctors "Doctor Death and Doctor Terror?". By and large the Muslim in Rajasthan community is feeling insecure and wronged.

The Rajasthan High Court bar and district bar associations too were not far behind and passed resolutions that they would not let any lawyer stand up for a "terrorist", denying the accused the right to be represented in court and declaring them guilty even before a trial. The judiciary too has been seeing the cases through the eyes of the anti-Muslim public opinion that has been built up.

The Rajasthan police, which linked terrorism to a community and decided to only target them in their investigation, went a step further. Between October 14 and16 the Rajasthan Police Academy organized a workshop on "Islamic Terrorism" for senior police officials, where subjects like International Islamic Jehadi networks, Muslim religious and political organizations in India, genesis of Islamic fundamentalism and Wahabi Islam, Anatomy of a Blast, among others, were discussed by experts.

The Christian community in Rajasthan too is constantly told that they are "luring the poor to convert them to Christianity". Apart from the several public attacks on Christians by the VHP and Vanvasi Kalyan Ashram people, the BJP Government has aggressively bulldozed the State Assembly into passing twice a Conversion law in the name of "Freedom of Religion", which are pending with the President of India. The State also indulged in illegal and vindictive action against one Christian Institution where the Government even cancelled their registration and in another case refused to sanction prosecution under significant sanctions against the VHP goons who had under the media glare attacked a pastor.

This tribunal will see the deposition of the survivors of the bomb blast and those victimized by the saffron brigade, police, media and judiciary. The programme will begin on the afternoon of the 7th and continue till the evening of the 8th. The final programme will be sent to you shortly.

We request you to participate in this tribunal and listen to the stories of these people who need support in their struggle for justice. This tribunal will also help us build a public opinion that Indian democracy and the secular fabric cannot be attacked so easily and that India is for all its citizens, whatever be the religion, caste, creed.

We are,

People's Union for Civil Liberties (PUCL), Rajasthan,
Rajasthan Smagra Sewa Sangh,
Jamaat e Islami Hind, Rajasthan,
Samta Sainik Dal,
Centre for Dalit Rights,
All India Peace and Solidarity Organization, Rajasthan,
Jaipur Christian Fellowship and Rajasthan Christian Association,
National Muslim Women's Welfare Society, Jaipur,
Sohard Resource Centre for Peace and Harmony through the Arts,
Academy for Socio Legal Studies, and
Sadbhav Manch.

Contact Persons:
Prem Krishan Sharma (9414055811)
Kavita Srivastava (9351562965)
Sawai Singh:(0141-2552878)
Prof Salim 9829098734

Tek Chand Rahul - 9414238153
P. L Mimroth O Harold Singh (9314871749)
J K Sharma (9314888785)
Father Coelho (9414072244)
Nishat Hussein (9829334500)
Sabir Khan (9314513830)
Prakash Chaturvedi (9414073997)
Than Singh (2593533)

TENTATIVE SCHEDULE
7 November

I Inaugural Session: 3 to 6.30 pm

National and State Perspective on the Theme
• Deposition by Jaipur Blast victims
• Deposition by survivors of Christian Atrocities
• Deposition by ordinary Muslims describing the fear psychosis
• Role of the State, Media and the Judiciary.

8 November
Session II

The Attack on Bengali Speaking Migrants
• Depositions by victims
• Response of the State, Media and the Judiciary)

Session III

Police detention and Arrests in the name of SIMI and accused in the blast cases
• Depositions
• Response of the State, Media and the Judiciary Session IV

Jury findings and conclusions