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IAMC Weekly News Roundup – April 15th, 2013

by newsdigest on April 16, 2013

In this issue of IAMC News Roundup

News Headlines

Opinions & Editorials

Zakia moves court, challenges clean chit to Modi in Gulbarg massacre (Apr 15, 2013, Hindustan Times)

Zakia Jafri, the widow of slain Congress leader Ehsan Jafri, on Monday demanded a chargesheet be filed against Gujarat chief minister Narendra Modi and 58 others for their alleged complicity in the 2002 riots and sought a rejection of the special investigation team’s (SIT’s) clean chit to them. Zakia, in her court petition challenging the Supreme Court-appointed SIT’s closure report on her husband’s killing in the Gulberg Society incident of February 28, 2002, alleged the SIT “covered up the crimes and misled the court”.

Zakia, in her 514-page petition, has also demanded that the SIT report be scrapped and a further probe by an independent agency be ordered into the circumstances in which her husband was burnt to death. “She (Zakia Jafri) has filed two volumes of petitions and 10 CDs containing documents and other evidence. The court has directed the SIT to first argue on the matter from April 24,” a lawyer concerned with the case said.

The petitioner argued: “As part of the conspiracy to allow anti-minority riots, the administration and the police were deliberately paralysed and neutralised by the conspiracy hatched by Modi and others.” Zakia alleged the main police control room in Ahmedabad ignored messages sent by policemen about violence being unleashed by karsevaks.

http://www.hindustantimes.com/StoryPage/Print/1044695.aspx

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Narendra Modi failed to tackle Gujarat riots in 2002: JD(U) (Apr 13, 2013, Times of India)

Bihar chief minister Nitish Kumar is not in the prime ministerial race, the JanataDal-United (JD-U) said Saturday. “We have made our stand clear on PM issue. Nitish Kumar is not in the race for Prime Minister,” JD(U) spokesperson KC Tyagi said at a press conference. The JD(U) began a two-day meet on Saturday amid signals that the party may not immediately press the BJP to declare a prime ministerial candidate for the 2014 general elections, while maintaining its reservations over Gujarat chief minister Narendra Modi.

Tyagi said his party would give the Bharatiya Janata Party (BJP) time to declare the prime ministerial candidate. “We will wait for the BJP to declare PM candidate and we will comment then,” he said. On being asked about Modi as PM candidate, Tyagi said “he was not able to tackle Gujarat riots in 2002″. He, however, said that “we are not opposed to LK Advani for PM candidate.” Nitish Kumar has, on more than one occasion, expressed grave reservations over Modi’s candidature for prime ministership, given his alleged role in the 2002 Gujarat riots.

Tyagi also added that his party would not form government with Congress in future. “There is no question of forming government with Congress if situation arises,” the party spokesperson said. While the JD(U) national executive met on Saturday, the national convention will take place Sunday. The JD(U) is the largest constituent of the NDA after the BJP, with 20 members in the Lok Sabha. The party leads the government in Bihar, with the BJP as its junior partner.

http://timesofindia.indiatimes.com/articleshow/19529240.cms

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Fake encounter case: Non-bailable warrants against 19 policemen (Apr 13, 2013, Times of India)

A court here has issued non-bailable warrants against 19 policemen in a 31-year-old fake encounter case, officials said here today. Chief judicial magistrate Ram Swaroop Saroj yesterday issued non-bailable warrants against 19 policemen and fixed April 30 as the next date of hearing.

Police claimed to have killed one Devendra Singh in an encounter in Gopiganj area here on April 4, 1982. Later the state government, on a complaint by Devendra’s brother, handed over the probe to the CB-CID which found the encounter fake.

A case of murder and criminal conspiracy was lodged against 20 policemen. Only one accused appeared regularly in court hearings. The court had earlier written to the Uttar Pradesh DGP for the appearance of 19 policemen who did not attend the court proceedings.

http://articles.timesofindia.indiatimes.com/2013-04-13/lucknow/38510654_1_31-year-old-fake-encounter-case-non-bailable-warrants-20-policemen

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India policemen suspended for ‘taking bribes’ in Mumbai (Apr 11, 2013,BBC)

Thirty-six policemen in the Indian city of Mumbai have been suspended after they were allegedly filmed taking bribes, officials say. The footage shows policemen accepting 50 rupees (92 cents; 60p) to 150 rupees ($2.75; £1.80) from Kasam Khan.

Mr Khan said he was carrying out building works at a friend’s home in Nehru Nagar area when he was visited by policemen asking for bribes. The footage was recorded over a two week period in March, he said. Mumbai’s police chief Satyapal Singh called it “a shameful incident” and said that the policemen if found guilty would be punished.

Authorities have ordered an inquiry by the anti-corruption bureau. Mr Khan said he installed the video camera after some policemen threatened to frame him for carrying out illegal extensions unless he paid the bribery money. He submitted the footage to a senior police official which in turn resulted in the moves against the policemen.

This is the first time action has been taken against such a large number of policemen in Mumbai. The force’s website describes police in the city “as custodians of your trust” who strive “to enforce the law of the land impartially and firmly without fear or favour”.

The BBC’s Zubair Ahmed in Mumbai says authorities in Maharashtra state have launched an anti-corruption drive after 74 people were killed in a recent building collapse there. There have been allegations that a large number of illegal buildings have been built in and around Mumbai by unscrupulous builders who bribe police and local administration officials to turn a blind eye to poor safety standards, our correspondent adds.

http://www.bbc.co.uk/news/world-asia-india-22103928

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RSS worker on bike with explosives dies in blast (Apr 7, 2013, Deccan Chronicle)

A worker of the Rashtriya Swayamsevak Sangh was killed when the bike on which he was travelling, allegedly with explosive material, exploded at Maruthayil near Mattannur on Saturday. The deceased has been identified as AV Dileep Kumar (27), son of Ambiloth Sankaran, police said. The incident occurred at 5.30 am as Dileep was coming towards Mattannur. The bike was completely destroyed in the explosion. Three houses within a 50 metre radius also suffered minor damage, police added. Although Dileep was rushed to a hospital in Kannur, doctors said he was brought dead.

Top police officials including Kannur Range IG Jose George, Kannur SP Rahul Nair and others visited the spot. Bomb squad and forensic experts also visited the spot and gathered evidence. The actual cause of the explosion will be known only after a thorough probe, police said. According to initial indication, Dileep was carrying around 3 kg of explosive, said a member of the bomb squad who examined the spot. CPI-M Kannu district secretary P Jayarajan said the incident was more proof that the RSS was trying to vitiate peace in the district. The police had failed in effectively countering RSS violence, he said.

RSS Kannur district leader Valsan Thillenkeri said Dileep was not a member of the RSS. He was only a sympathizer of the organization. According to Valsan, the mishap was accidental and also pointed out that the family of Dileep were makers of traditional firecrackers. Dileep was carrying the explosive material after the festival in a local temple, he added. Police sources however said that Dileepan did not have a licence to manufacture firecrackers. A case was registered under the Explosives Act.

http://www.deccanchronicle.com/130407/news-current-affairs/article/rss-worker-bike-explosives-dies-blast

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12 injured in communal violence in Jaipur (Apr 14, 2013, Hindustan Times)

A dozen people were injured on Saturday in communal violence in Jaipur following an objectionable religious comment on social networking website Facebook, police said. According to police, tension gripped Mulla Talai area of the city, 300 km from state capital Jaipur, when a mob thrashed a restaurant owner from a different community.

“Some people from the restaurant owner’s community retaliated. Both groups pelted stones at each other, in which about a dozen people, including two children, sustained injuries. We resorted to mild baton charge to disperse them,” said a police officer. “The derogatory comment targeting a particular religion has been deleted. We have also rounded up the man who shared the comment,” said the officer.

Police have been deployed in the area and people are not being allowed to gather. A similar Facebook comment had led to communal violence in the state’s Makrana town about 10 days ago. In a similar case, communal violence had left over two dozen people injured in Jaipur’s Sanganer area April 4.

http://www.hindustantimes.com/StoryPage/Print/1044115.aspx

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1984 riots: Blow to Tytler as CBI told to examine witnesses (Apr 10, 2013, IBN)

In yet another setback for Congress leader Jagdish Tytler, a Delhi court ordered the CBI to re-investigate the role of the three-time MP in the killings of Sikhs near a gurudwara on November 1, 1984, rejecting the closure report filed by the investigative agency.

Lawyer HS Phoolka said, “On November 6, 1984 Jagdish Tytler went to the Police Commissioner’s office and asked him to release his men. This is clear proof but despite that the CBI never investigated his role.”

The CBI in fact has twice given a clean chit to Tytler – first in 2007 and then again in 2009. Phoolka’s principal argument in this case is that the CBI had ignored key witnesses while filing closure. This was accepted by the court and despite fears this new twist will further delay justice in this nearly 30-year-old case, families of riot victims said they still had hope.

http://ibnlive.in.com/news/1984-riots-blow-to-tytler-as-cbi-told-to-examine-witnesses/384464-37-64.html

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CBI to question Ramdev in missing Guru case (Apr 9, 2013, Hindustan Times)

CBI is expected to question yoga guru Ramdev soon in connection with alleged kidnapping of his guru Swami Shankar Dev who mysteriously went missing six years ago while taking a morning walk in Haridwar. CBI sources said on Tuesday that an agency team had already visited Haridwar to pick clues and is likely to visit the temple town in Uttarakhand again soon to question Ramdev and his aide Balkrishna in the kidnapping case.

The sources said the focus of the questioning will be to get any information which might help in tracking down Shankar Dev’s whereabouts. The agency had registered a case in March in this connection under Section 365 of Indian Penal Code (IPC) against unknown persons. The section pertains to kidnapping or abducting and wrongful confinement.

Uttarakhand Police had registered a case of abduction to probe the disappearance of Dev, who had been living in Ramdev’s ashram but was missing since July 2007 when he had set out for a morning walk. The FIR was reportedly filed by Ramdev’s aide Acharya Balkrishna at Kankhal police station three days after the Swami went missing under mysterious circumstances.

The state government had earlier sent a request to CBI in October 2012 to probe the case but the same was rejected as the state police had not even registered a case, the basic formality before the agency takes up the probe. Shankar Dev was the founder of Divya Yog Mandir Trust, currently headed by Ramdev who is under scanner for alleged violations in labelling of some of the products of the Trust.

Ramdev had earlier welcomed the decision of the government for a CBI probe into the disappearance of his guru. Ramdev and his trusts are facing a number of probes by the Income Tax, Service Tax and Enforcement Directorate for alleged evasion of taxes and irregularities in complying with forex laws.

http://www.hindustantimes.com/StoryPage/Print/1039939.aspx

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NIA: Don’t agree with Sadhvi’s cancer report (Apr 9, 2013, Times of India)

The National Investigating Agency on Monday told the Bombay high court that it did not agree with a medical report stating that Sadhvi Pragya Singh, accused in the 2008 Malegaon blast case, is suffering from breast cancer. Special public prosecutor Rohini Salian told Justice Abhay Thipsay, who is hearing a bail plea application filed by the Sadhvi, that it disputed the report. The NIA may seek a fresh medical report to determine her condition.

Senior advocate Mahesh Jethmalani and advocate Ganesh Sovani, counsel for the Sadhvi, said pointed out that both the Jawaharlal Nehru Cancer hospital, Bhopal, conducted a mammography test on her and had said that said she had had cancer. They said that a doctor at Breach Candy Hospital too had confirmed that Sadhvi had cancer. Sadhvi Pragya has sought bail both on merits as well as to undergo medical treatment.

Sadhvi, is one of the prime accused in the 2008 Malegaon blast and the RSS worker Sunil Joshi murder case. A blast at Dikku Chowk in Muslim-majority Malegaon on 29 September 2008 killed six persons. A bike used in the blasts was allegedly traced to Sadhvi Pragya, whose trail led to the other accused, including Lt Col Purohit. The charge sheet alleged that all the 11 accused were part of an organisation called Abhinav Bharat which aimed at establishing a Hindu rashtra through violent means. The NIA said she could undergo treatment at the Bhopal hospital or in Tata Memorial hospital, Mumbai.

http://articles.timesofindia.indiatimes.com/2013-04-09/mumbai/38403172_1_2008-malegaon-blast-case-jawaharlal-nehru-cancer-hospital-ganesh-sovani

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Cops put 10-year-old Dalit ‘rape victim’ behind bars, upper caste villagers ‘terrorise’ family (Apr 11, 2013, Indian Express)

Life, for them, had never been easy. The couple and their family of 16 live in a two-room tenement and the father, who works at a local grocery store for a daily wage of Rs 200, is the only earning member. Theirs is also one of four Jatav Dalit families in a majority Lodhe Rajput village just outside Bulandshahr city, and have been under pressure for long. But over the last few days, things have turned downright ugly, they said. The couple’s 10-year-old daughter, their ninth child, was allegedly raped by a 35-year-old Rajput man on Sunday. And when the girl and her mother went to the police station in Bulandshahr to complain, the girl was made to spend the night in the lock-up. Now, the majority Rajputs of the village are pressuring the family to withdraw the case and leave the village of 150 houses even as the police said medical examination of the girl has not established rape or injury.

But the Jatav family is adamant. It is neither willing to withdraw the case nor leave the village because it is home despite everything. They hope the law will come to their rescue. “The Rajputs say they are men. They say they get tempted when they see a girl of my daughter’s age. They are blaming us saying why did we let her go out alone,” the girl’s mother told The Indian Express Wednesday. “They have been threatening to kill us, burn down our ancestral home and stone my daughter to death if we do not withdraw the rape case. Even the village panchayat, including the sarpanch, is in favour of the accused and is asking the family to settle the matter,” she alleged. “We are so scared that we cannot go out of our house. A day after the incident, all the Rajputs came and encircled our house. They told me to settle a price for my daughter and keep quiet about the case or else they would stone her to death,” the mother alleged. “I picked up my daughter in an unconscious state from the road. She was traumatized and was shivering. How can they expect me to withdraw the case?”

Hearing her mother speak, the 10-year-old girl, who was lying on a cot in the verandah with a blanket over her face, murmured weakly, “yes, he should not be spared”. She said she was walking to a local shop Sunday evening when the man, later identified as Harinder, a father of three who has since been arrested, asked her to accompany him to the field to water crops. “I told him I am going home. He stuffed a cloth in my mouth and took me to the field where he misbehaved with me. He then said he would throw me into the river if I dare to narrate the incident to my parents,” the girl said, her voice barely audible. “I am very scared of the villagers.” The girl’s four-year-old niece, who had accompanied her to the shop, said the man forced the 10-year-old to go with him and dragged her by her dress. “I ran back home and told her mother. We then went looking for her,” she said. The mother said the 10-year-old had bite marks on her body and scratches on her back when they found her.

When they went to the Bulandshahr women’s police station to complain, the girl was made to spend the night in the lock-up with another woman. “The woman inspector asked me to wait outside and took my daughter inside. She made her sit inside the lock-up through the night while I sat outside. We were sent back the next morning after a case was registered,” the mother said. Superintendent of Police (City), Ajay Kumar, admitted it was a lapse by the police and called it “illegal confinement” of the girl. He said an inquiry had been ordered against the officers on duty and that two women constables on duty had been suspended and two sub-inspectors transferred to the police lines. In Lucknow, the DGP’s office Wednesday ordered that a FIR be registered against unidentified police personnel for putting the girl in the lock-up in Bulandshahr.

Kumar also said the constables had asked the girl to sit in the lock-up as they feared she would leave without registering a proper complaint. Since the SHO was busy in a crime meeting, the constables thought they would ask the girl to wait until she returns. “Since the girl was a minor, her custody should have been given to her parents. The constables had no business asking her to sit inside the lock-up for the entire night,” Kumar said. “Eyewitnesses and the wife of the accused, who was reportedly with him throughout the day, have said the girl had gone to his field to pluck tomatoes, when he scolded her and asked her to go back. We have not found any evidence against the accused yet. However, we are waiting for the pathology report,” Kumar added.

http://www.indianexpress.com/story-print/1100667/

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Opinions and Editorials

The reality of Narendra Modi’s politics – By Aakar Patel (Apr 14, 2013, Deccan Chronicle)

Let’s look at the myth of Narendra Modi as a development candidate. There is no problem with the idea of him being projected as a candidate, or even as THE candidate, for development. This is because it is a good and positive approach in what is generally a country where politics is done on the basis of identity, not policy or governance. However, is the claim true? Many in the BJP — Smriti Irani is one — have said that nobody else in India has ever campaigned on development alone. Modi is the only man not to divide the electorate by talking of identity issues.

Let us assume that this is the case, and that Manmohan Singh and Sonia Gandhi, others in parties like the CPI(M), and Jawaharlal Nehru and Atal Behari Vajpayee before them, demanded votes purely on the basis of caste and religion. But even if we were to accept that this were so, it must be recognised that development is only a part of Modi’s appeal and attraction. In Gujarat, as elsewhere, the BJP is essentially a caste-based party. Its primary votebank is the peasant Patel, whom the rebel Keshubhai tried unsuccessfully to break in the last elections. To illustrate this, let’s look at the numbers. Four out of nine ministers in Modi’s previous Cabinet and three out of seven in his current one are Patels. This is votebank politics, not development politics, because in choosing his ministers, Modi looks at their caste. And so it’s wrong to say that the Gujarat BJP, including Modi, spurns caste politics. The second aspect of identity politics is the politics of religion.

It is difficult to be convinced that Modi’s appeal to a segment of the Gujarati population is not because of his tough and uncompromising Hindutva. Let’s look at examples here. When his minister Maya Kodnani was convicted for the killing of 95 Gujarati Muslims last year, Modi did not condemn her. Actually when most Gujaratis knew of her involvement in the massacre at Naroda Patiya, Modi first gave her a ticket to contest and then made her minister. She has been sentenced to 28 years in jail for her actions, but he has avoided taking questions about her crimes. When his deputy home minister Amit Shah was jailed after being charged in a case where a Muslim man and his wife were wrongly killed, Modi backed him. In fact, he had him elevated a few weeks ago to the post of general secretary in the BJP.

The signal that Modi has consistently sent out is that he is going to be tough on Muslims, and if his team makes an error, and even if they are convicted of crimes against Muslims, he will not back off from supporting them and he will not condemn them. He doesn’t disown them, and doesn’t distance himself from their awful actions because this is an achievement that has brought him the admiration of many in the Gujarati middle class. Modi doesn’t need to advertise this side to his divisive politics because the media does it for him. He says that he is unfairly accused, but the facts are quite clear, as we can see. We can continue to talk about him as a development candidate, but the reality of his politics does not validate that claim.

http://www.deccanchronicle.com/130414/commentary-op-ed/commentary/reality-narendra-modi%E2%80%99s-politics

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Profiles of prejudice – By Jyoti Punwani (Apr 11, 2013, The Hindu)

Is there a grand conspiracy among the country’s intelligence and police agencies to demonise the Muslim community and Islam as many allege? Or is it that when police of different States single out Muslims for different treatment, their conduct should be treated as unconnected random acts based on prejudice? A senior officer of the Mumbai police had to apologise this week to the Jamaat-e-Islami-e-Hind, one of the country’s two largest Muslim bodies. A circular issued by the Special Branch to police stations across the city, asked them to keep an eye on the Girls’ Islamic Organisation (GIO), the female students’ wing of the Jamaat. The GIO, the Marathi circular noted, was “trying to motivate girls towards Islam and asking them to live in accordance with the Koran and the Hadees.” Its main aim, said the circular, was to “inspire students towards orthodox Islam, prepare them for jihad, propagate Islam, and through such propagation, work for Islamisation of the world.”

Threatened with defamation, the officer apologised to the Jamaat – for the “hurt” the allegations had caused, not for the allegations themselves, though the circular bore his signature. This was the input he had received from “some other agency,” he maintained, and he had had to forward it. What he regretted was the leak of the internal circular. He would seek out the person responsible for the leak and make sure he was convicted, he said. Such determination to convict other colleagues who have hurt Muslims in rather extreme ways, not just their feelings, has never been shown by Mumbai’s senior policemen. The officer was livid not because his colleagues had made unsubstantiated allegations against a mainstream Muslim organisation, but because he had been embarrassed publicly. Ironically, the man in question is regarded as one of the few secular officers of the Mumbai police.

Police in other States aren’t so concerned about keeping up appearances. The Delhi Police Special Cell is quite open about the message it wants to convey about Muslims to the country. In 2008, they had draped the three boys arrested after the mysterious Batla House encounter in the red-and-white scarves popularised by the late Palestinian leader, Yasser Arafat. The pictures of the boys, alleged to be members of the terror outfit, Indian Mujaheedin, wearing these scarves were flashed across the country. It turned out that the Delhi Police had bought these scarves in bulk, no doubt for the numerous Muslims they knew they would be arresting as “terrorists-who’d-slunk-into-the-capital-to-strike” (many of whom have since been honourably acquitted). Instead of the nondescript black hoods/coloured handkerchiefs/loose dupattas that detenus are made to wear in front of the camera, these scarves would leave an indelible, visual impression. Every time viewers saw these, they’d know some more Muslims with pan-Islamic terrorist links had been apprehended.

This long-term plan to stereotype terror accused was foiled by the furious response it evoked. But now, even more diabolic ways have been worked out by the police of other States to stamp Muslim terror suspects by marks of their faith. Yusuf Nalband was released in February after his name failed to feature in the National Investigation Agency (NIA) charge sheet in the Bangalore assassination case. He and four others, including Deccan Herald journalist Muthi-ur-Rahman Siddiqui and Defence Research and Development Organisation (DRDO) scientist Aijaz Ahmed Mirza, had been arrested from their shared apartment last August. The allegation against them was that they were part of an Lashkar-e-Taiba (LeT) plot to assassinate Hindutva leaders. …

The Special Cell’s attempt to project the suspected terrorist as a devout Muslim would have gone unnoticed some years back. Now, the police’s continuous targeting of Muslims has made them alert. The mischievous substitution was exposed by the Muslim Mirror, an online portal. Making suspects display signs of their religious identity when presenting them before the world is not the police’s job. Surely, such religious profiling constitutes an offence. The Jamaat-e-Islami, that threatened to sue the Mumbai Special Branch for defamation, may let the matter die with a written explanation, for the latter’s communal prejudice now stands exposed. But the Hyderabad, Bangalore and Delhi Police can’t be let off. Who will force them to explain?

http://www.thehindu.com/opinion/op-ed/profiles-of-prejudice/article4603258.ece

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Carnage 84: The Ambushing Of Witnesses – By Ajmer Singh, Etmad A. Khan (Apr 10, 2013, Tehelka)

The dead cannot strike a deal so the living did. To bail out those who led the massacre of Sikhs in 1984. One witness was offered Rs 25 lakh to forget or not name the men who led the mob that killed 12 members of her family. She refused to give in. She was beaten and constantly threatened but she didn’t yield.

But some others did. They turned hostile one by one. Those who stuck to their deposition were left to fend for themselves, with neither the protector nor the adjudicator finding anything amiss. Congress leaders HKL Bhagat, Jagdish Tytler and Sajjan Kumar were let off, due to the behind-the-scenes machinations that included allurement and intimidation. And the not-so-subtle threat of a 1984 redux. Democracy and justice lay shamed.

Investigations reveal that in almost all cases, deals were struck to win over witnesses. In Bhagat’s case, Rs 25 lakh was offered to a witness. In Tytler’s case, a week after changing his statement the prime witness went abroad for a year and the second witness is still in the US. There were threats to their lives as well and a prominent Sikh leader was involved in pressurising the witness to say Tytler didn’t lead the mob.

Further sensational disclosures were made that a prime witness, who turned hostile, against Sajjan Kumar was taken to the Congress leader’s residence. Some of these witnesses enjoy a lavish lifestyle and their families misled Tehelka about their whereabouts. Our investigations uncovered the network of middlemen who struck dubious deals to win over witnesses, subvert the truth and derail justice.

http://tehelka.com/when-a-big-tree-falls-the-earth-shakes-2/

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The Thin Line Between Dissent And Rebellion – By Sunaina Kumar (Apr 20, 2013, Tehelka)

For the past two years, Sheetal Sathe had not been seen, but her songs continued to haunt our consciousness. The young singer with the soul-stirring voice was portrayed as a symbol of hope in Jai Bhim Comrade, Anand Patwardhan’s searing documentary on the Dalits of Maharashtra. Sathe, a member of the Pune-based cultural group of Dalit protest singers and poets, Kabir Kala Manch, was branded a Naxalite in 2011. Since then she had been underground, along with Sachin Mali and Sagar Gorkhe and three other members of the group. On 2 April, Sathe and Mali surfaced in full media glare, staged a ‘satyagraha’ outside the Vidhan Bhavan in Mumbai, and courted arrest. As they were taken into custody, Sathe retained her fieriness and raised slogans as she was whisked into the police jeep.

Sathe and Mali (both 27, married and expecting their first child) are facing charges under the Unlawful Activities (Prevention) Act (UAPA), Mali was retained in ATS (Anti-Terrorism Squad) custody, and Sathe sent to judicial custody on compassionate grounds until 17 April. The recent ruling by the Bombay High Court granting bail to Kabir Kala Manch members Deepak Dengle and Siddharth Bhonsle, who were arrested in May 2011 (along with Angela Sontakke, a member of the banned CPI(Maoist), still behind bars) gave hope to the disbanded cultural group and led to the decision of Sathe and Mali to come out of hiding. The high court declared that mere sympathy to Maoist ideology does not incriminate a person, and none of the Kabir Kala Manch members can be said to be active members of CPI(Maoist).

Through music and poetry, Kabir Kala Manch took up the cause of social inequality, exploitation of the underclasses, farmer suicides, female infanticide, Dalit killings and the widening net of corruption. Patwardhan of the Kabir Kala Manch Defence Committee, made up of civil society activists, says that Kabir Kala Manch members are at an impressionable age where their ideological thinking is still in process and their work covers a wide spectrum of political ideas such as Ambedkarism, socialism and Marxism. “I have known them since 2007 and can vouch for the fact that they have never taken up arms,” says Patwardhan. Kabir Kala Manch was formed in Pune in 2002 in the wake of the Gujarat riots and made up of students and young professionals who performed protest poetry and plays in slums and streets, shaking up the cultural scene in Pune as they presented a voice for the voiceless. Both Mali’s and Sathe’s academic backgrounds are exemplary; Sathe being a gold medallist and post graduate from Pune University.

Mumbai-based lawyer and activist Kamayani Bali Mahabal, also a member of the Kabir Kala Manch Defence Committee, says that the existence of the group is crucial as they create space for dissent through shayari and songs that are much more effective than speeches. “They are responsible artists who interpret art as a catalyst for social change. Unfortunately, for the State there is no distinction between Dalit protesters and activists and Naxalites,” says Mahabal, who was exposed to their work through Jai Bhim Comrade. Mihir Desai, the lawyer for Sathe and Mali, says the defence is waiting for the Anti- Terrorism Squad to complete its investigation and file a supplementary chargesheet.

“A lot of people who fight for radical changes in society get attracted to different ideologies, but as the Bombay High Court stated, as long as you don’t act in pursuance of those ideologies, you are not guilty,” says Desai. Despite repeated attempts, TEHELKA was unable to reach the Anti-Terrorism Squad. Patwardhan says that the case against the Kabir Kala Manch proves that the State does not tolerate the voice of weaker sections of society. “In our democracy, only the upper-class elites are allowed to have a voice,” he says. Kabir Kala Manch member and poet Deepak Dengle, who is out on bail after two years in prison, penned a poem in jail called Kis kis ko qaid karoge, mocking those who imprison lovers of freedom. The stirring words of the poem promise that the young revolutionaries will not be kept quiet for long.

http://tehelka.com/the-thin-line-between-dissent-and-rebellion/

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Murder In The Tea Garden – By Ratnadip Choudhury (Apr 3, 2013, Tehelka)

Lush green tea gardens meet the eye on both sides of the National Highway 37. Providing both succor to the onlooker and livelihood to the lakhs of people dependent on the tea industry, these estates are the lifeline of upper Assam. The Panitola Tea Estate in the Tinsukia district is one of the oldest tea gardens of this region. Among the many Adivasi families (also known as tea garden workers) living in the labour lines of Panitola, is the family of 43-year-old Gangaram Koul, a popular leader of the All Assam Tea Tribe Students’ Association (AATTSA). A breakaway from the norm where tea tribe children follow their fathers to work in the gardens, Koul passed his Higher Secondary with first division. Graduating from the Dibrugarh University, Koul had taken on the mantle of fighting for the rights of tea tribes in his garden and surrounding areas. A fight that was to cost Koul his life.

On the evening of 25 March, on his way back home, Koul was attacked by a group of people wielding machetes and iron rods, who first beat him up and then hacked him to death. The gruesome murder has left the entire tea tribe community shocked. Koul was not only a popular leader among the tea garden workers, he was also their crusader who stood up to the corrupt practices in the region. Koul had been fighting against the corruption in the Public Distribution System (PDS) meant for the tea labourers in Tinsukia and neighbouring Dibrugarh district. The Tarun Gogoi administration ordered a CID probe into Koul’s murder. Under severe criticism from the media and protests by AATTSA activists over allegations of local Congress leaders’ hand behind the killing, on 2 April, the government had to approach the CBI to take over the investigation.

“We feel that the same forces involved in the corrupt activities my husband was trying to expose is behind his murder,” says Koul’s wife Sakhila Munda, who teaches in a primary school in nearby Digboi town. “He had been instrumental in creating awareness among our community on how they were being exploited and their foodgrain looted.” Sakhila is having a hard time explaining to her shocked son Bishal, 14, and daughter Meghali, 9, on why their father was killed for doing the right thing. Koul’s tryst with politics began during his college days, when he was attracted to communist ideals and joined the CPI(ML). He raised the Sangrami Chah Shramik Sangha (SCSS) to counter the “monopoly” exercised by the Assam Cha Mazdoor Sangha (ACMS), the largest tea labourers’ union in the state, also known to be close to the ruling Congress. Following his death, the CPI(ML) called for a statewide bandh, and the police was forced to file an FIR against local Congress MLA Raju Sahu, two panchayat leaders of the Congress, two local office-bearers of the ACMS in Panitola and Purushuttom Singh, a PDS licencee as accused in plotting the gruesome murder.

Koul had reportedly found that 29 of some 50 Below Poverty Line (BPL) cards from a fair price shop owned by a Sudha Devi Singh in the Panitola Tea Estate were bogus, and the rice drawn on these cards were sold in the black market. Sudha Devi Singh is the sister-in-law of one of the accused, Purushuttom Singh. With the help of his colleague Subrajyoti Bardhan, Koul raised the alarm and soon the tea tribe community joined the movement that led to the suspension of Sudha Singh’s PDS licence. A case on this issue is still pending at the Chief Judicial Magistrate’s court in Tinsukia district. Koul found that Purushuttom Singh, a PDS licencee himself, was operating along similar lines. Local people found that he had lifted two quintals of wheat from the Laipuli GPSS but did not distribute it, and had also shown a huge number of bogus consumers in the population list of 2004-06. But the Office of the Deputy Director of Food and Supply of Consumer Affairs reinstated his licence. “The Food and Civil Supplies Department allowed Singh to lift PDS items from the Laipuli GPSS on 26 December last year when Singh had no valid licence,” alleges Bardhan, also a state committee member of the CPI(ML). “It proves how corrupt officials are involved in this loot and plunder of the PDS.”

Koul had alleged that district officials were openly violating norms of transparency in the sub-allotment of PDS items. PDS items are sub-allotted by the deputy commissioner’s office and the list of the items must be uploaded on the National Informative Centre’s website. In Tinsukia district, all these ground rules were violated. “Koul found that all mandatory norms were violated and how the PDS mafia makes a separate sub-allotment list that shows much less than the actual quantity sub-allotted by the deputy commissioner,” says a tea garden worker on condition of anonymity. Koul’s stand against corruption added to his popularity. He even contested the Assembly polls in 2006 and 2011. In 2006, he contested from Chabua and finished fourth, with 3,042 votes. Again, in the 2011 Assembly polls, Koul secured more than 7,000 votes, a clear indication of his increasing popularity. In 2009, he had also contested for the Lok Sabha from the Dibrugarh constituency. He fought elections every time as a CPI(ML) candidate. However, more than his growing political clout, it is his crusade against the irregularities in the PDS that has forced the government to ask for a CBI probe. What it throws up could well decide the Congress’ fortunes among the tea tribes of Assam.

http://tehelka.com/murder-in-the-tea-garden/

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Let’s help realise the vision of Ambedkar for Dalits – By Anurodh Lalit Jain (Apr 14, 2013, The Hindu)

As the nation pays tribute to Dr. B.R. Ambedkar on his 122 birth anniversary (April 14), one would realise that much more remains to be done to achieve his aim of social equality for the suppressed classes. A principal architect in drafting the Constitution, he made significant efforts at giving political rights and social freedom to Dalits. However, till date, members of Schedule Castes continue to face caste biases. Dr. Ambedkar had a first-hand experience of untouchability in school, where he was segregated from caste Hindus. He was allowed to drink water from vessel only if it was poured from a height by the peon. In his biography, he spoke of school days when he would not drink water as very often the peon intentionally became unavailable.

Even today, there are instances where Dalit children are made to sit separately for the mid-day meal. Also, in some places students belonging to caste Hindus refuse to eat the food cooked by the ‘lower caste’ people. In a few districts of Madhya Pradesh, Dalit children are reportedly served food from a distance. Such caste biases in school will not only deprive these children of education but also fill their minds with pessimism about society at a tender age. Dr. Ambedkar throughout his life advised Dalits to get educated before agitating for their rights. Data from the House listing & Housing Census 2011 highlight the continued injustice done to Dalits through the demeaning practice of manual scavenging. These workers collect human excreta with their brooms and tinplate and carry it for disposal.

This work division continues based upon the traditional Hindu social order, which assigns to the Dalits the dirty, mean jobs. Dr. Ambedkar said that “in India, a man is not a scavenger because of his work. He is a scavenger because of his birth irrespective of the question whether he does scavenging or not.” A depressing fact as revealed in the 2011 census data on households is that an estimated 8 lakh people are traditionally engaged in manual removal of night soil – a great embarrassment to the State governments that are still in denial mode. Dr. Ambedkar’s efforts to root out such caste biases were perceived to be advanced by Mayawati, who eventually became Chief Minister of Uttar Pradesh. However, the census data show that Uttar Pradesh continues to have the dubious distinction of leading the list with approximately 3.2 lakh people still involved in manually removing human waste.

The Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act in 1993 has provision for punishment, including fine, for employing scavengers or constructing dry toilets. However, manual scavengers are continued to be employed to this day by municipalities, the Railways and defence establishments. The UPA government, on the advice of the National Advisory Council, has recognised manual scavenging as a social problem rather than as a sanitation issue and is looking for ways to stop the abhorrent practice.

Dr. Ambedkar is considered the messiah for his efforts to bring equal opportunity and social justice to the marginalised communities. A real tribute to the great leader would be to continue with his efforts of empowering the Scheduled Castes and helping them overcome the vicious cycle of caste and cultural barrier, rather than merely offering flowers to his statue on his birth and death anniversaries.

http://www.thehindu.com/opinion/open-page/lets-help-realise-the-vision-of-ambedkar-for-dalits/article4614717.ece

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IAMC Weekly News Roundup – December 10th, 2012

by newsdigest on December 11, 2012

In this issue of IAMC News Roundup

Announcements

Communal Harmony

News Headlines

Opinions & Editorials

Announcements

Resolution of Babri Masjid case should be a National Priority

Indian Americans demand justice, urge peace and restraint on the 20th Anniversary of Babri Masjid Demolition

Thursday December 06, 2012

 

The Indian American Muslim Council (IAMC - www.iamc.com), an advocacy group dedicated to safeguarding India’s pluralist and tolerant ethos has called the Babri Masjid case a continuing travesty of justice while urging peace and restraint on the eve of the 20th anniversary of its demolition.

 

 

The 400 year-old Babri Masjid was demolished by fanatical mobs lead by L.K. Advani, a Bharatiya Janata Party leader and former Deputy Prime Minister of India, along with other extremists on December 6, 1992. The sectarian violence that engulfed the nation in the aftermath resulted in the deaths of over 2,000 people, injuries to thousands and loss of property among the minorities amounting to hundreds of crores of rupees.

 

 

Since then the case has dragged on for two decades, without any prosecution of Mr. Advani, Sadhvi Rithambara and 66 others who were declared culpable by the Liberhan Commission for their role in the demolition and the ensuing violence.

 

 

“The Babri Masjid case cuts at the very foundations of our secular Republic,” said Shaheen Khateeb, President of IAMC. “The scars left on our national fabric by the heinous crime committed 20 years ago, can be healed only through an objective, impartial and speedy judicial process based on facts,” added Mr. Khateeb.

 

 

IAMC is concerned about the reports of unrest in Faizabad and the apprehensions of sectarian violence in Ayodhya and surrounding areas. “The Babri Masjid issue can be resolved through prompt judicial action and not through violence and intimidation,” noted Mr. Khateeb.

 

 

IAMC has also called for a reaffirmation of the “The Place of Worship (Special Provisions) Act, 1991″ that prohibits the conversion of any place of worship and provides for the maintenance of its religious character as it existed on 15th August, 1947. Although this Act does not apply to the Babri Masjid, its reaffirmation is necessary to ensure that other places of worship are not engulfed in the same sectarian and divisive politics that Babri Masjid fell victim to.

 

 

IAMC has called upon people of all faiths to observe the 20th anniversary of the demolition peacefully and to use the occasion to reaffirm their commitment to the Constitutional guarantees of freedom of religion and equality before the law.

 

 

Indian-American Muslim Council (formerly Indian Muslim Council-USA) is the largest advocacy organization of Indian Muslims in the United States with 13 chapters across the nation.

 

 

For more information please visit our new website at: http://www.iamc.com

 

References:

1. Full Report of the Liberhan Commission of Inquiry
http://babrimasjid.info/reports/

2. Indian American Muslim group expresses disappointment at the Court verdict on Babri Masjid Ayodhya issue
http://iamc.com/press-release/indian-american-muslim-group-expresses-disappointment-at-the-court-verdict-on-babri-masjid-ayodhya-issue/

3. Liberhan Commission Report inquiring into the demolition of Babri Masjid
http://iamc.com/reports/liberhan_comission_report_inquiring_the_destruction_of_babri_masjid_in_ayodhya_on_dec_6th__1992/

CONTACT:
Indian American Muslim Council
Zafar Haq
phone (800) 839-7270
email: info@iamc.com

Address:
6321 W Dempster St. Suite 295
Morton Grove, IL 60053
phone/fax: 1-800-839-7270
email: info@iamc.com

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Communal Harmony

This school is a lesson in harmony (Dec 6, 2012, Times of India)

When Gujarat chief minister Narendra Modi announced Sadbhavana Mission in 2011, Professor V K Tripathi could not avoid a wry smile sitting in his office in IIT, Delhi. After all, he has been running an organization with almost the same name for two decades before the posterboy of Hindutva embraced Muslims under the glare of TV cameras.

Sadbhav Mission was started in 1990 after Tripathi, a professor of Physics, and others were deeply moved by the Bhagalpur riots and wanted to find common ground between Hindus and Muslims. In December 2002,when Modi was still taking jibes at Muslims, the mission had organized special classes for 1,000 standard XII students of both communities just before final exams.

Cut to 2012.Some 150 dalit children of different ages from a nearby slum gather at a Ram temple in Godhra and wait for their tutor. Enters Imran Pola, a young Muslim, and starts giving lessons even as idols of Ram, Sita and Laxman watch over this harmony. This is one of two classes the mission has been holding in the ground zero of the 2002 riots for the last few years. It is one of the very few bridges over the ever-widening rift between ghettoised Hindus and Muslims here.

The classes, running since 2008,were shut for a month recently after some people started harassing the Muslim teachers, but were restarted after parents of the kids approached the Muslim teachers and promised them security.

http://mobilepaper.timesofindia.com/mobile.aspx?article=yes&pageid=1§id=edid=&edlabel=TOIKRKO&mydateHid=06-12-2012&pubname=Times+of+India+-+Kochi&edname=&articleid=Ar00103&publabel=TOI

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Temple gifts house to Muslim woman (Dec 5, 2012, Deccan Herald)

As the country prepares to mark the 20th year of the demolition of the Babari Masjid in Ayodhya, a temple in central Kerala has sent out a message of religious integration by constructing a home for a Muslim woman. The temple in the coastal village of Kandamangalam in Aalapuzha district has gifted the house to Jameela, a deaf and dumb orphan woman, whom the temple committee had adopted in 2000.

The 52-year old Jameela ekes out a living by doing odd jobs at the temple without compromising her religious believes. Jameela received the key of her house, constructed at a cost of Rs 4 lakh from the temple committee on Wednesday.

“For the house, the committee donated Rs 2 lakh and the rest was contribution by devotees and local residents of all religions – Hindus, Muslims and Christians. Response to our request to contribute to the noble cause was overwhelming and was above our expectation,” said temple committee secretary P N Dhananjayan.

In a couple of days she will move to her dream house. Now she resides in a thatched semi-permanent dwelling adjacent to the temple. Though speaking and hearing impaired and alone, she is completely under the protective wing of the temple committee.

“Since then she has been part of our temple and has been doing the works entrusted to her. We have never intervened in her religious faith or belief. We gave her the assurance from the day one that she is free to follow her religious practice and there will be no intervention from our side,” said Dhanajayan.

http://www.deccanherald.com/content/296686/temple-gifts-house-muslim-woman.html

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25 US lawmakers urge Hillary Clinton to continue denying Narendra Modi visa (Dec 5, 2012, Indian Express)

As Narendra Modi seeks a fresh mandate in Gujarat and also eyes prime ministership, a bipartisan group of 25 US Congressmen has asked Secretary of State Hillary Clinton to continue denying him visa, claiming he has not adequately pursued justice for victims of the 2002 riots.

“As… justice has yet to be fully realised for the victims of the riots, we ask that you continue to deny Mr Modi a visa,” the lawmakers from the US House of Representatives said in a letter to Clinton. Dated November 29, the letter, which comes ahead of the Gujarat polls on December 13 and 17, was released to the press Monday by Republican Congressman Joe Pitts and Frank Wolf on the eve of their press conference with family members of victims of the 2002 riots.

As the Gujarat Chief Minister “continues to pursue a potential run for higher office, we believe a change in policy to his request for a visa will only embolden Modi and his government’s efforts to obstruct further investigations…to bring the perpetrators to justice,” the Congressmen said.

India is a thriving democracy, and one that is aspiring to a high standard of leadership, they said. “It is disturbing that certain parties in India are considering elevating Modi, despite his tie to these attacks. Allowing him to enter the US will only serve to abdicate his responsibility for the 2002 human rights abuses.”

Observing that the Bush Administration “rightly denied” Modi a visa, the lawmakers said as he is currently seeking support for a possible bid for prime ministership, “we expect” he may again request entry into the US.

http://www.indianexpress.com/story-print/1040588/

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Muslims are the most deprived social group in Gujarat: study (Dec 8, 2012, Twocircles.net)

“Poverty amongst the urban Muslims is eight times (800%) more than high-caste Hindus, about 50% more than the Hindu-OBCs and the SCs/STs. Note that over 60% of all Gujarati Muslims live in urban areas and they are most deprived social group in Gujarat. On the other hand rural poverty amongst the Muslims is two times (200%) more than high caste Hindus,” according to a study by New Delhi-based Centre for Research and Debates in Development Policy (CRDDP). The report of the study which was released recently is prepared by Dr. Abusaleh Shariff, Executive Director (Designate), US-India Policy Institute, Washington DC and President Centre for Research and Debates in Development Policy (CRDDP), New Delhi and Mr. B. L. Joshi, Chief Executive Officer, CRDDP, New Delhi. …

“Educationally Muslims are the most deprived community in Gujarat. Despite 75% net enrolment, about similar levels compared with the SCs/STs and other groups; the Muslims are deprived at the level of matriculation and higher levels. A mere 26% reach matriculation. Amongst the Muslims a large dropout takes place at about 5th standard. A disturbing trend was noticed in case of education at the level of graduation. Muslims, who had about the same level of education in the past, are found to have left behind compared with even the SCs/STs who have caught up with higher education.”

“The disparity in access to higher education is increasing over time. This clearly is an evidence of discrimination in provisioning of higher education access, infrastructure and related services. To overcome the Muslim deficit in different levels of education, the central government has launched a nationwide scholarship scheme with effect from April 1, 2008. All states have responded favourably, with the only exception of Gujarat which has not implemented even the pre-matric scholarships for minorities. There are 55,000 scholarships allocated to Gujarat of which 53,000 are to be given to the deserving Muslims, but Gujarat not even cared to implement this program.”

“Gujarat has higher unemployment rates for Muslims compared to say West Bengal. Importantly, the Muslims traditionally are artisan and skilled workers, have relative advantage in handling mechanical and tool work; therefore they are employed as industrial labour in considerable proportion in manufacturing and organized industry. In most States, Muslims form a higher percentage of the workforce in manufacturing and the organised sector compared to Hindus and it is only in Gujarat, the reverse is true.” …

http://twocircles.net/2012dec08/muslims_are_most_deprived_social_group_gujarat_study.html

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191 fake encounters in last five years, NHRC tells Supreme Court (Dec 5, 2012, Times of India)

The Supreme Court, which relentlessly strove to bring to book perpetrators of the fake encounter killings of Sohrabuddin and Tulsiram Prajapati in Gujarat, has an explosive situation on its hands as the National Human Rights Commission informed it that 191 fake encounter killings took place in the country in the last five years. Appalled by the attitude of the Manipur government in responding to over 1,500 alleged fake encounter killings in the militancy affected state in the last three decades, a bench of Justices Aftab Alam and Ranjana P Desai had asked during the last hearing, “Is there a war going on within? Is this the attitude and orientation of a state to say that if they are killing my men, we will kill them?”

In response to Manipur’s alleged unaddressed extra-judicial killings, the NHRC in an affidavit said in the last five years, from 2007 to 2012, it had received 1,671 complaints/information regarding fake encounters. “The commission in the last five years has awarded monetary compensation to the tune of Rs 10.51 crore in 191 cases,” it said in an affidavit. The commission awards compensation in the range of Rs 5-10 lakh to the kin of victims if it comes to the conclusion after inquiry that it was a fake encounter.

The bench headed by Justice Alam had in the past minutely scrutinized Gujarat government’s attempts to put a veil on facts in the Sohrabuddin and Tulsiram Prajapati encounter killings and had ordered CBI probe into them, resulting in filing of charge-sheet against former minister Amit Shah, in addition to former senior police officials. The NHRC mirrored the experience of the apex court in dealing with the two Gujarat fake encounters. “The only handicap is that in all the cases, respective state governments invariably take more than reasonable time to submit magisterial enquiry report, post-mortem report, inquest report and the ballistic expert report,” it said. “Due to this delay on the part of the state governments in complying with mandatory requirements, the delay occurs in all the matters, as for want of these reports even the commission cannot draw any conclusion and cannot take any view in the matter as to whether the death took place in a genuine encounter or it was a fake encounter,” the human rights body said in its affidavit.

NGOs ‘Extra-Judicial Execution Victims Families Association of Manipur’ through Neena N and ‘Human Rights Alert’ through Babloo Loitongbam had requested the court to set up a Special Investigation Team to inquire into the extra-judicial killings in the state. Another petition by Suresh Singh through advocate S Biswajeet Meitei alleged that continuance of AFSPA had led to a spurt in extra-judicial killings and sought its withdrawal from Manipur. The NHRC gave its response to the 71 cases of alleged fake encounter complaints it had dealt with relating to Manipur of which only three have been closed. In one case – killing of Thanjam Manorama Chanu on July 12, 2004 – the commission had recently recommended payment of Rs 10 lakh to the kin of the victim but the defence ministry is yet to comply with it.

Though the commission’s guidelines require states to complete mandatory inquiry reports within three months, many cases of alleged extra-judicial killings reported from Manipur have been pending with the NHRC since 2007 as the state has not provided the key investigation reports. Of the 68 pending cases, five incidents dated back to 2007, 17 to 2008 and 19 to 2009, the NHRC said. To enable it to deal with such cases expeditiously, NHRC said, “It would be appropriate if the Supreme Court directs all the states to strictly comply with the guidelines/recommendation issued by the commission without fail, both in letter and spirit.”

http://articles.timesofindia.indiatimes.com/2012-12-05/india/35619403_1_fake-encounter-encounter-killings-sohrabuddin-and-tulsiram-prajapati

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CBI wants 5 mahants for Babri Masjid demolition (Dec 10, 2012, Deccan Chronicle)

The Supreme Court on Thursday issued strong directions for the speedy hearing of the Ayodhya demolition case in the special court at Rae Bareli against senior BJP leader LK Advani and 19 others against whom charges of criminal conspiracy had been dropped by the trial court.

The apex court was hearing an appeal by the CBI challenging the Allahabad HC judgment which had upheld the trial court’s order dropping the conspiracy charge. However, the task is easier said than done. Of the total 49 accused, the case is being heard against 22 in a special Lucknow court and against eight others, including Advani, at the special court in Rae Bareli. Ten of the accused and as many as 50 witnesses have died while the case continues to drag on. Interestingly, there are nine accused against whom the case is not in process in any court.

In December last year, the Allahabad HC had passed an order for day-to-day hearing in the special court at Rae Bareli. The HC order also says that the gap between the conclusion of a witness hearing and the next date for hearing of another witness should not be more than a week. However, the hearing in the Rae Bareli special court has failed to pick up, many say due to the laxity on the part of the CBI itself.

Triloki Nath Pande representing the Vishwa Hindu Parishad says, “The CBI actually has great sympathy for the accused. It will continue to contest the case till even one of them is alive. They (the CBI) don’t want any of them (accused) to be punished.” He terms the working of the CBI “bhool-bhulaiyya” (a maze).

Zafaryab Jilani, counsel for another party to the dispute, also blames the CBI for the delay, though for different reasons. “The CBI has been presenting irrelevant witnesses in the Rae Bareli court. There is already a HC order for speedy day-to-day hearing but the CBI is unable to present witnesses. This way, it will take ages for the trial to be completed,” he says.

http://www.dnaindia.com/print710.php?cid=1775528

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PM urged to resolve issue of ‘innocent’ Muslims in jail (Dec 4, 2012, Indian Express)

Led by CPM leader Sitaram Yechury and LJP president Ram Vilas Paswan, a 15-member multi-party delegation met Prime Minister Manmohan Singh on Monday and submitted a memorandum demanding the solution to the issue of Muslims lodged in jails even after terror charges against them have not been proved. “The PM has assured that he will not only forward the memorandum to the Home Minister but also ask him to set up a mechanism by which this problem is resolved. We requested the PM that it should be time bound. He agreed with it,” Yechury said.

Besides Yechury and Paswan, three Congress MPs – Mani Shankar Aiyar, Mohammad Haroon and Hanumanta Rao – were part of the delegation. The memorandum had the support of the CPI, SP, RJD, JD(U), NC, TDP, DMK and BSP. DMK’s Kanimozhi had signed the memorandum too, but could not be present in the delegation. “The PM expressed agreement with our sentiments. He said that he will get the Home Minister to prepare a concrete mechanism to address our concerns,” Paswan said.

According to Yechury, Muslim youth, who were arrested under suspicion in cases pertaining to blasts in Mecca Masjid in Hyderabad, Malegaon, Ajmer and Nanded, continue to remain in jail even after investigations established that other Right wing groups were responsible for the bombings.

http://www.indianexpress.com/story-print/1040028/

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UP court blasts: Panel rejects police version of youths’ arrest (Dec 4, 2012, Indian Express)

Rejecting the police theory of circumstances leading to the arrest of two youths believed to be involved in serial bomb blasts across Uttar Pradesh courts in 2007, one member of the R D Nimesh Inquiry Commission has stated that the police claim regarding the date, place and timing of arrests appears to be ‘doubtful’. The Indian Express is in possession of the 237-page report, dated August 31, in which the Commission has recommended the government to “identify and act against officials who perpetrated this unlawful activity”.

The Commission was set up in March 2008 by the Bahujan Samaj Party government to probe into the arrest of Tariq Qasmi and Khalid Mujahid for their alleged involvement in November 23, 2007 serial blasts at district courts of Lucknow, Varanasi and Faizabad. According to reports, at least 14 persons were killed and several persons were critically injured in these blasts. On December 22, 2007, the STF, in a press conference addressed by Additional Director General of Police, Law and Order, Brijlal in Lucknow, had claimed that they have arrested Tariq and Khalid from Barabanki, and recovered detonators and RDX from them.

The family of the youths, however, claimed that Tariq, a practitioner of Unani Medicine, was picked up from Shankarpur check post near Sarai Meer in Azamgarh. And Khalid was reportedly picked up from Mariyahu in Jaunpur much ahead of the date mentioned by the police. Expressing its doubts regarding the police claims, the Commission recommended that guilty officials should be punished. However, the Commission failed to establish the identity of the culprits.

“In the incidents between December 12 and 22, 2007, it appears some other police force was involved, in addition to Special Task Force, but it is not clear with the available evidences as to which force, or officials were involved in picking, detaining and torturing Khalid Mujahid and Tariq Qasmi. Therefore, the responsibility can be fixed only after identifying individual officials… Since the case is being tried at Barabanki district court, at this stage responsibility cannot be fixed against any person,” the Commission said. The Commission submitted its report to the Uttar Pradesh government in September, after a delay of more than four years.

http://www.indianexpress.com/story-print/1040087/

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UP saw over 100 communal clashes in 2012 (Dec 9, 2012, The Hindu)

Uttar Pradesh has earned the dubious distinction of witnessing over 100 communal clashes this year that left 34 people dead. The towns where incidents of such violence took place are Kosi Kalan in Mathura, Faizabad, Pratapgarh, Sitapur, Ghaziabad and Bareilly. More than 450 people were also injured in these clashes which took place from January till October 31, Home Ministry officials said.

There were 84 incidents of communal clashes in the state in 2011 in which 12 people lost their lives. The country witnessed 560 incidents of violence this year till October end, which claimed 89 lives, while in 2011, 580 clashes took place that left 91 people dead. Uttar Pradesh was followed by Maharashtra where 83 incidents were reported so far this year in which 13 people were killed and 88 incidents in 2011 which claimed 15 lives.

Madhya Pradesh saw 78 incidents of communal violence so far this year in which 11 people were killed and in 2011, 81 incidents of communal clashes were reported that left 15 dead. In Karnataka, there were 54 incidents of communal clashes in 2012 and 70 incidents in 2011 in which three and four people lost their lives respectively. Rajasthan had witnessed 42 incidents of communal clashes in 2011 leading to death of 16 people while this year the state has witnessed 30 incidents of such violence and six dead.

There were 47 incidents of communal clashes in Gujarat in 2011, in which three persons lost their lives, and 50 incidents so far this year in which five were killed. Andhra Pradesh saw 33 communal clashes in 2011 in which one died and so far this year, 45 clashes took place in which two were killed. There were 30 incidents of communal clashes in Kerala in 2011, in which one died, and 46 incidents in this year in which one was killed.

Bihar witnessed 26 incidents with four deaths last year and 17 incidents this year in which three persons were killed. Tamil Nadu saw 21 incidents of communal violence and two deaths in 2011 and 11 incidents with two deaths this year so far. There were 15 incidents in West Bengal in 2011 in which three persons were killed, and 22 incidents in this year, in which eight persons were killed.

http://www.thehindu.com/news/national/up-saw-over-100-communal-clashes-in-2012/article4180864.ece

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Police increases presence at Shivaji Park, Sena flexes its Thane muscle (Dec 9, 2012, Times of India)

The eyeball-to-eyeball confrontation between the Shiv Sena and the administration appeared to be heading towards some decisive action, with both the Sena and Mumbai Police increasing their presence manifold at the park on Saturday. Following speculation that the BMC had geared up to pull down the structure where Bal Thackeray was cremated on November 18, which the Sena turned into a temporary ‘memorial’ , hundreds of Sainiks from the party’s Thane wing reached the park on Saturday. But even as three Thane MLAs, Eknath Shinde, Pratap Sarnaik and Rajan Vichare, along with the Sainiks arrived to protest any action on the temporary ‘memorial’ , Mumbai Police moved to cordon off the entire ground. Sources said police commissioner Satyapal Singh was planning to remove the structure by Sunday. Besides 3,000 policemen , personnel from the State Reserve Police Force, Rapid Action Force and riot control unit were deployed near the ground.

If a senior BMC bureaucrat is to be believed, then instructions have been given to the field staff to remove the temporary structure as early as possible . “We have given our plan to the law enforcing agencies, the moment adequate police force is deployed at Shivaji Park we will remove the temporary structure,” he said. The BMC had issued notices to mayor Sunil Prabhu and Sena MP Sanjay Raut, asking them to vacate the park immediately and remove the structure as permission to set up the stage was only given for one day. However, the Sena has been defiant and has not even replied to the notice.

A Sena leader warned the party won’t allow removal of the ‘memorial’ until the government grants an alternate site. “Once this is done we will remove it on our own. The government should not remove or it may irk Sainiks and disturb peace and harmony all over the state,” he warned. Sainiks even put up hoardings on Saturday daring the BMC to remove the structure while women Sainiks formed an innermost circle around the structure. “We will stay here and guard the site. This is where Balasaheb Thackeray’s funeral was conducted, the site is precious to us,” said Shinde.

That Sena CEO Uddhav Thackeray chose the party’s Thane unit to raise the decibel level on the memorial issue is significant. “The Sena’s Thane unit is seen as well-knit and cohesive,” a senior Sena functionary said. Matoshree has more reason to trust the Thane Sainiks’ spunk. It was the Thane wing which went on a rampage on the death of Sena leader Anand Dighe in 2001. The Thane Sainiks also built a permanent memorial to Dighe close to a playground near the Thane police commissioner’s office, all of which prompted Matoshree to assign the task of protecting the Shivaji Park structure to Eknath Shinde, a protege of Dighe.

http://timesofindia.indiatimes.com/articleshow/17540281.cms

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BJP won elections with money from naxalites: Digvijay (Dec 9, 2012, Deccan Herald)

Congress General Secretary Digvijay Singh has alleged that Chhattisgarh Chief Minister Raman Singh won the last two assembly elections by using money received from naxalites.

Singh told reporters here last evening that he was saying this as the BJP wins by large margins in areas where naxalites wield influence in Chhattisgarh.

He alleged that there has heavy corruption in the Bundelkhand package and also claimed that there was full interference from RSS in BJP government. He said that he will soon reveal the names of those builders from whom the BJP collects donations.

http://www.deccanherald.com/content/297392/bjp-won-elections-money-naxalites.html

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Constable kills wife, daughter for dowry (Dec 9, 2012, Times of India)

A police constable allegedly killed his wife and daughter here over dowry demand, police said on Sunday. Constable T Venkatesh, attached to Tadwai police station under Kamareddy sub-division, hit his 28-year-old wife Vanaja and seven-year-old daughter with a blunt weapon at their house late last night causing multiple head-injuries following which both of them died on the spot.

The accused then fled from the house, police said. Venkatesh, a habitual drunkard, who was earlier suspended on three occasions on charge of quarrelling with others, got married to Vanaja in 2003 and allegedly started harassing and beating her demanding dowry for the past five years, Nizamabad Circle Inspector N Saidulu told PTI. “The two bodies were lying in a pool of blood. Venkatesh is absconding since the incident,” Saidulu said.

A case was booked under sections 302 (murder) and 498A (husband or relative of husband of a woman subjecting her to cruelty) of IPC and a hunt has been launched to nab the culprit, he added. A relative of the deceased alleged that Venkatesh repeatedly harassed Vanaja for more dowry despite being given Rs 2 lakh cash and a vehicle.

http://timesofindia.indiatimes.com/articleshow/17544537.cms

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Opinions and Editorials

Who are the American lawmakers saying No to Narendra Modi? – By Sandip Roy (Dec 4, 2012, First Post)

Narendra Modi might not be itching to go to Washington DC. But it’s hard not to see the letter from 25 American lawmakers urging the US Secretary of State to continue denying him an American visa as anything but a snub. Especially because it comes on the heels of the Great Western Thaw where the Brits are trying to let bygones be bygones. Modi is barred from entering the US because of a provision of the International Religious Freedom Act. George W Bush invoked it against him. And the Obama administration has not revoked it even though its Congressional Research Service has praised the “impressive development successes” under Modi. The latest letter keeps up the pressure. The lawmakers write: As there has been no further resolution to these issues and justice has yet to be fully realized for the victims of the riots, we ask that you continue to deny Mr Modi a visa. As Mr Modi continues to pursue a potential run for higher office, we believe a change in policy to his request for a visa will only embolden Modi and his government’s efforts to obstruct further investigations and the tandem prosecutions that have still to be finished to bring the perpetrators to justice. What’s noteworthy about this letter, even though there is nothing new about its content, is it does not come from just predictably bleeding heart liberals but from across the US political spectrum – from the deepest blue to the fieriest red. The signers also come from across the country geographically – from New Jersey to California, from Arizona to Michigan.

The letter was released on Capitol Hill by Congressmen Joe Pitts and Frank Wolf. Pitts who has been in the US House of Representatives since 1997 is a hardline conservative. He has received 100 percent ratings from the American Conservatives Union for his voting record. He’s a big advocate for nuclear power and pro-business. He routinely gets close to zero ratings from labour groups. Pitts came to Gujarat in 2002 and told Outlook he cannot forget the bloodstains he had seen in Ehsan Jafri’s house. Ten years later he sees no reason to change his stance on Modi. “I’m still concerned that…Modi and his cohorts have not been held to account for their actions,” he told Outlook in 2011. Frank Wolf is also Republican and a long time congressman from Virginia. He’s been a military hawk, a huge supporter of the Iraq war and the Patriot Act. But he’s also been a vocal critic of China on human rights as well as the persecution of Bahais in Iran. Now contrast these two with some of the others who have signed on to the letter as well.

Barbara Lee, Democratic congresswoman from California is about as radical a liberal as can get elected to US Congress. She remains the only member of the US Congress who voted against the authorisation of use of force after 9/11 and a hero of the anti-war movement during the Iraq war. She’s voted to pull American troops out of Afghanistan, Pakistan and Libya. Mike Honda, a long time Congressman from Silicon Valley spent some of his early years in a Japanese American internment camp and that’s something that has had a profound influence on his politics. Honda attended the first Washington State Summit on US-India trade this year in Seattle which showcased the Vibrant Gujarat 2013 roadshow. The roadshow issued a press release about it. But back in 2003, he also congratulated the Indian Muslim Council-USA for hosting an interfaith convention. That convention featured Nishrin Husain, the daughter of Ehsan Jafri. Some lawmakers have signed on clearly because of long standing relations with the American Muslim community which Modi’s backers have not been able to match. Bill Pascrell, Democrat form New Jersey is closely associated with Council on American-Islamic Relations. His hometown of Paterson has a large Arab population though New Jersey has a strong Gujarati population as well.

Some have signed on to the letter because like Congressman Trent Franks, Republican from Arizona, they are members of the International Religious Freedom Caucus. Others are just well-known India-baiters. Dan Burton, conservative Republican from Indiana, is a founding member of the Pakistan Caucus and took money from Syed Ghulam Nabi Fai’s Kashmir Center and vigorously championed the Kashmiri American Council till it was revealed that it was a front for the ISI. The liberal members have opposed Modi from the human rights angle. Jim Moran is a Democrat who was arrested along with George Clooney outside the Sudanese Embassy for protesting human rights abuses by the government of Sudan. Michael Capuano of Massachusetts has been very vocal about the plight of the victims of the crisis in Sudan. Edward Markey is a member of the Congressional Progressive Caucus John Conyers, one of the longest serving Congressmen in Washington DC, is the last remaining member of the Judiciary Committee that voted to impeach Nixon.

Back in 2005 when Modi was invited to Florida to address the Asian America Hotel Owners Association, Conyers submitted a House Resolution condemning the Modi’s role during the riots in Gujarat. Not only that, as Martha Nussbaum writes in her book The Clash Within: Democracy, Religious Violence and India’s Future, Conyers’ resolution also gave Modi a black mark for “promoting the attitudes of racial supremacy, racial hatred, and the legacy of Nazism through his government’s support of school textbooks in which Nazism is glorified.” To many people’s surprise, including the US India Muslim Council, the Bush administration denied Modi a diplomatic visa and revoked his tourist visa. The BJP cried foul calling it an “insult to the entire nation” and Modi called it an “insult to India and the Constitution”. But the “insult” has endured. …

http://www.firstpost.com/politics/who-are-the-american-lawmakers-saying-no-to-narendra-modi-544982.html

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Who will Gujarat’s Muslims vote for? – By Ram Puniyani (Dec 5, 2012, Tehelka)

Campaigning is on in full swing for the Gujarat assembly elections this month. Both the BJP and chief minister Narendra Modi are predicting a third term for him. Modi’s media managers are selling him as the man of ‘development in the state’, and big industrial houses are pitching for his victory. There may be some truth to the chief minister’s PR machinery, which is why big industrialists are having a great time in Gujarat. But in complete contrast to this is the condition of the common man in the state. At least if one goes by the different indices of development such as nutritional levels of women and haemoglobin levels of pregnant women etc. Still the popular perception in large sections is that Modi will romp home and thereby stake his claim to become BJP’s prime ministerial candidate.

But that may need more than just corporate muscle. To that end, Modi has been trying to win over sections of Muslims to his side, business and affluent class in particular. He has even convinced a few such as London-based Gujarati businessmen Zafar Sareshwala, who had filed many human rights cases against him in the International Court of Justice. Modi’s Sadbhavna meetings – where he fasted and put up a liberal face – got him many an admirers in beards and caps. However, his lie got exposed when he refused to wear a skull cap offered by a Muslim cleric, even as he put on designer caps and pagdis (head gears) by the Hindus and Jains.

Now in an open letter, former MP Syed Shahabuddin has asked Modi to apologise for the Gujarat genocide of 2002, if he seeks Muslim votes. Shahabuddin’s letter makes it clear that failing an apology, Muslims will vote massively and unitedly for one candidate, irrespective of party or religion, who is likely to defeat the BJP in their constituency. Though tone and tenor of his letter and the letterhead has landed Shahabuddin himself in a controversy, some of the points he raises seem valid for the Muslims of Gujarat like at least 20 assembly tickets for the community, and compensation at par with the 1984 Delhi riots and rebuilding of the places of worship ravaged in the riots. The basic flaw in the letter is to presume that Modi may be amenable to these suggestions. Some may call it optimism but it is nothing short of a delusion. Human rights activist Dr JS Bandookwala had made a similar appeal to the chief minister a few years ago, without any positive outcome.

Interestingly, Shahabuddin’s suggestion is also in contrast to what noted Islamic scholar and the liberal face of Indian Muslims, Asghar Ali Engineer feels. Engineer says though the Bohra Muslims and their religious leaders have good links with Modi for business purposes, most Bohras may not vote for Modi due to the larger picture of the community in the state. Maulana Vastanvi, who had earlier said that Muslims are doing better in Gujarat, has also said that Muslims should not vote for Modi. To some extent, this brings to the fore the confusion of the Gujarat’s Muslims. Who do they vote for? Congress’ vacillations on the communal front, its opportunism and collusion with communal forces don’t make it seem any better than the BJP, if not worse. And if both the BJP and the Congress are equally selfish in their dealings, it makes no difference who is in power. It’s true that more communal riots have taken place in Congress rule, but also true is that those responsible for these riots are BJP and its affiliates. The Congress merely colluded in these incidents or looked the other way. So while the Congress seems ‘pragmatically communal’, the BJP is ‘programmatically communal’.

The BJP is part of RSS combine whose agenda is a Hindu nation, which has to be worked through the liberal space offered by the Indian democracy. It is to this end that Muslims have been effectively relegated to the status of second class citizens in Gujarat. Politically marginalised, economically pushed back and facing the stepmotherly treatment from state, it is unlikely that Muslims would even think of voting for Modi. Surely, there will be some like Sareshwala, who will ask for the votes for Modi, but barring such elements, average Muslim has only suffered in the ‘Hindu nation of Gujarat’. While celebrations are already afoot for Modi’s victory, it’s unlikely that he will have a cake walk in Gujarat this time as apart from M factor, the deprivation of Dalits, Adivasis and other poorer sections of community is too deep to be won over by the rhetoric of Vibrant Gujarat. While psephologists are burning midnight oil to ratify Modi’s victory, the real outcome of Gujarat 2012 elections may be a surprise to many who are undermining the impact of social development indices and the scars of 2002, which remain very much painful even now!

http://tehelka.com/who-will-gujarats-muslims-vote-for/

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Babri Masjid, with 20 years of hindsight – By Prabhat Patnaik (Dec 8, 2012, Indian Express)

The demolition of the Babri Masjid on December 6, 1992, was unquestionably the most significant blow against the secular fabric of the Indian nation. Twenty years later, it is worth asking: how do we assess that event in the context of the unfolding history of our nation? And how do we see the current conjuncture in relation to the conjuncture that produced the demolition of the mosque? The fact that the whipping up of sentiments on the issue catapulted communal-fascist forces to the centrestage of Indian politics from where they could make a bid for power, is obvious. In fact, it was the second big boost to these forces, after Emergency. It is also clear after their stint in power that while they can do much damage, they are not yet in a position to impose their agenda upon the country. Bourgeois commentators are in the habit of talking about the BJP having “mellowed” over the years; the question, however, is not one of “mellowing”. It relates to the balance of forces that does not yet allow Hindutva groups the kind of power that they need to impose their agenda. Not only was the BJP’s effort at altering the Constitution stillborn, it could not make much headway even on specific issues like building a Ram temple, or amending Article 370, during its years in office.

But while this must be a source of satisfaction for secular and democratic forces, it cannot be denied that there is a creeping fascism in the country, which is not confined only to the Hindutva groups. Whether it is Mamata Banerjee’s police taking university professors into custody for circulating a cartoon, or the PMK asking for the ostracism of Dalits, two girls in Maharashtra being arrested for Facebook comments unpalatable to the Shiv Sena, or the atmosphere of intimidation that leads to Mumbai being shut down after Bal Thackeray’s death (a man whose life was a classic example of that of a fascist); whether it is the swagger with which a Narendra Modi struts about projecting himself as the next prime minister; or the spreading “culture of cruelty” exhibited in the glee surrounding the hanging of Ajmal Kasab, or the prolonged communal carnage in Assam; the reality of fascism creeping upon the nation is undeniable.

To be sure, one is not talking of a re-enactment of 1930s Germany. Fascist tendencies must be distinguished from the formation of a fascist state. The existence or even the growth of such tendencies does not necessarily lead to the eventual denouement of a fascist state. Besides, that kind of outcome is not even conceivable in today’s world, precisely because of the change in conjuncture that has taken place. When the Seventh Congress of the Communist International had defined fascism as the “open terrorist dictatorship of the most reactionary and revanchist sections of finance capital”, the finance capital it had referred to was necessarily nation-based: the Nazis had called themselves “National Socialist”. Classical fascism, therefore, was located within the context of acute inter-imperialist rivalry and the fascist state came into being through the capture by the fascists of the nation-state. Today we live in a world of globalised capital as the dominant entity: it is a world of muted inter-imperialist rivalry. The idea of a nation-state being captured by fascists who combine a terrorist dictatorship on behalf of “national” finance capital with external aggression to promote its own specific imperialism, is out of sync with today’s context.

But a denouement where there is an effective strangling of democracy despite the formal existence of democratic structures, because the state acts to promote the interests of international finance capital against those of the people; where this strangling is made possible by the pervasive practice of “identity politics” that sustains fascist tendencies; and where the actions of this state, apart from the impoverishment they bring to the people and the oppression of progressive forces, also roll back the social and political gains made by hitherto excluded groups like Dalits and women, and reduce minorities to a subservient status; such a denouement would clearly be in keeping with the tenor of current globalisation. And it is not farfetched to imagine our country moving in this direction. The development of a pan-Indian national consciousness, subsuming multiple local and other identities, was a product of our anti-colonial struggle. Any backsliding in the struggle against imperialism, such as what the bourgeoisie has been imposing on the country in the era of globalisation, entails a recession in this national consciousness, and the coming to the fore of multiple other forms of identity consciousness. And the same neo-liberal regime that undermines the overarching national consciousness and encourages multiple forms of identity consciousness, also makes these identity groups relate to each other in antagonistic ways, because of the rampant unemployment and deprivation it generates. This provides fertile ground for the growth of fascist tendencies, since it now becomes easy to tell a Maharashtrian worker that he is losing his job because a person from Bihar or south India is replacing him.

This fracturing also suits the interests of globalised finance capital, since it facilitates the snuffing out of resistance by the people by dividing them; it facilitates the enfeeblement of democracy despite the retention of formal democratic structures. If the anti-colonial struggle had meant a forward march of the Indian people, what we are witnessing today is a veritable counter-revolution that is seeking to undo in crucial ways the gains of that struggle. But then the question may be asked: what does all this have to do with the demolition of the Babri Masjid? Where does that horrendous act of vandalism fit into this picture? The answer lies in the fact that that demolition was an extraordinarily significant milestone in this counter-revolution. To see that demolition as itself being caused somehow by the shift to neo-liberalism would be a simplistic argument; but the fact of that demolition which was carried out with impunity, and one of whose enthusiastic promoters, Bal Thackeray, is even being paid obeisance by the Indian state after his death, sent the signal that such acts were now permissible. It created the condition, in other words, for the proliferation of multiple fascist tendencies apart from itself. And imperialism which sniffs out faultlines within a society to further its hegemony was quick to harness the antagonisms generated by identity politics to further its agenda in a manner which we can clearly observe today. If this situation is to be transcended, if a meaning is to be restored to the inclusive concept of an Indian nation, if the fascist tendencies engulfing us have to be fought, then this fight must also encompass a fight against neo-liberalism and imperialist globalisation.

http://www.indianexpress.com/story-print/1042012/

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20th anniversary of Babri mosque demolition: The damage has not been undone as yet – By Ashish Tripathi (Dec 5, 2012, Times of India)

Twenty years after demolition of Babri mosque, the Ayodhya debate is still on. The frenzy mob which razed the masjid to ground on December 6, 1992, perhaps had little or no inkling that the fanatic act would change the Indian politics for all times to come. Though the Ram Temple issue seems to have lost its electoral appeal, the damage has not been undone as yet and the efforts to polarise votes on religious lines continues, at least in UP, where eight major communal clashes have taken place after Samajwadi Party (SP) came to power in March this year and the Bhartiya Janta Party (BJP) is trying to cobble up the team of Hindutava hardliners who played a crucial role in the Temple movement, leading to the demolition of the masjid. The communal rift created by the 1990 Ram temple movement which resulted in demolition of the mosque saw the BJP emerging as a national force, particularly in the north and west India, thereby changing the Indian polity forever. Till then the politics mainly revolved around the Congress and anti-Congressism, but post 1992, it became ‘triangular’ with the addition of the anti-Congress-BJP Third front.

The demographic vote equations also changed with the Muslims, who also held inaction of the then Congress government headed by PV Narasimha Rao at the Centre equally responsible for the demolition of the mosque, shifting loyalty to regional parties which they felt could counter the saffron threat. It led to the rise of regional satraps like Mulayam Singh Yadav and Lalu Prasad Yadav among others. The upheaval also pushed India into an era of instability which saw four prime ministers heading various coalition governments and two mid-term lok sabha polls between 1990-99. As no single party could win majority since then, the regional parties have been playing crucial role in formation of the governments. The coalition politics still continues but now its more mature and stable than 90s. But in UP, the instability continued from 1989 to 2007, during which period, the state saw ten governments of different permutations and combinations, three mid term assembly elections, four chief ministers, defections in parties and two stints of president rule. Interestingly, while the BJP was able to sustain in other states after Babri mosque demolition, in UP its tally declined steadily with every election.

Many political analysts believe that the ‘Mandir’ issue should be seen along with the ‘Mandal’. After revolting against Rajiv Gandhi over Bofors scam, VP Singh formed Janta Dal in 1989 by bringing all the anti-Congress forces together. In the subsequent elections, the Congress was defeated but Janta Dal could not get the majority either. Singh became prime minister with support of the Left and the BJP. On August 7, 1990, Singh implemented the Mandal commission report providing 27% reservation for other backward classes (OBCs) to mobilise backward vote bank. On September 25, BJP’s LK Advani began his rath yatra from Somnath in Gujrat demanding construction of Ram Temple at the disputed site housing Babri masjid in Ayodhya, which the saffron forces claimed was the birth place of Lord Ram.

The yatra, which was to end at Ayodhya, left behind a trail of communal clashes. On Singh’s direction, the then Bihar chief minister Lalu Yadav’s ordered police to intercept yatra at Samastipur and arrest Advani on October 23. On October 30, the then UP chief minister Mulayam Singh Yadav ordered firing on people, who had assembled in Ayodhya on BJP’s call, when they tried to storm into the mosque. The firing in Ayodhya and ensuing communal clashes in all over the country left over 500 dead. The immediate impact was that the mandir (communal) politics overshadowed the mandal (caste) politics. As a result, the BJP’s number in Lok Sabha rose to 120 in 1991 from 85 in 1989. The BJP also won state assembly elections in five states in 1991 – UP, Madhya Pradesh, Rajasthan, Himachal Pradesh.

The communal plank polarised votes across all castes. After assuming power in UP underKalyan Singh, saffron forces gave call to start ‘symbolic’ construction of Temple on December 6, 1992, which led to demolition of the mosque. Kalyan was jailed for a day for ‘contempt of court’. He had assured the Supreme Court that the government will protect mosque but failed to discharge the constitutional duty. The turn of events led to more communal riots across the country but by razing the mosque down, the saffron brigade killed the goose that laid the golden egg. At least, it was true for UP where caste politics took over communalism after tempers cooled down following fall of the 15th century mosque, allegedly built by a Mughal ruler over ruins of a temple at Lord Ram’s birth place after destroying it.

http://articles.timesofindia.indiatimes.com/2012-12-05/india/35619220_1_babri-mosque-demolition-babri-masjid-temple-movement

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Persistence of a sore: Communal violence today – By Ram Puniyani (Dec 3, 2012, Twocircles.net)

The events taking place in different parts of the country in October-November 2012 have been very disturbing to say the least. It is the continuance and recurrence of communal events, communal violence in different parts of the country, in UP, Assam and Hyderabad in particular. In UP since the Akhilesh Yadav Government has come to power there has taken place a series of acts of violence in UP. Since Samajwadi Party took over the reins of the state in March 2012, in the past few months’ communal violence took place in Mathura, Pratapgarh, Bareilly, Meerut, Allahabad and Lucknow. The latest in the series has been the tragic events of Faizabad, where On 24 October 2012, when the immersion procession of Durga was going on, a girl was molested by few miscreants. Making this as a pretext few people started stone throwing in the nearby areas. A rumor was spread in Faizabad that Muslims are doing the stone throwing. The mob went on to burn nearly 25 shops of Muslim traders. They also rampaged the office of bilingual (Urdu and Hindi) paper “Aap Ki Taqat.” This paper is continuously giving the message of peace and calling for Hindu-Muslim unity. They also vandalized the mosque. According to activist Yugal Kishore Sharan Shastri, this was a pre-planned attack. The editor of the paper Manzar Mehdi feels, this is an attempt to silence the voice of peace. The police took long time to reach the spot and did not intervene effectively. Similarly the fire brigade also took four hours to reach, by which time the shops were totally destroyed.

In the far off Assam, the recurrence of violence resulted in the death of six people, and it seemed whether there is going to be recurrence of the tragic incidents of July 2012, when nearly four lakh, mainly Muslims, were displaced and sixty people died. Assam violence was a bit different than others as here the number of displaced were much more and it seemed that there is a plan to get the Bodo areas cleared from the presence of the Muslims. Here one also saw that in the process of rehabilitation the Government is having a lopsided approach and Muslims are not being rehabilitated as many of them do not fulfill the criterion of proper records due to various reasons. This was one case of violence where apart from police playing its role of a mere onlooker, the propaganda, based on misconceptions was made the base of violence. It has been propagated that Muslims are infiltrators, Bangldeshis and have been encroaching the lands of Bodos. Lot has been written to dispel this myth. Muslims have mainly been coming from Bengal from 18th Century due to the British policy of reducing the pressure on overpopulated Bengal and to ensure that the stretches of Assam, having low population density are populated. Since the perceptions have made a deep root in social common sense, the violence against Muslims, the citizens of Assam-India have gone on and communal forces have taken full advantage of that. The third incidence is from the Southern state of Andhra, where the historic monument of Charminar is being vandalized by putting up renovation of Bhagyalaxmi temple, which is abutting the Charminar. This violates the norms of Archaeological Survey of India. The plea of ASI that the changes in temple may damage the Minar and that this an illegal act is falling on the deaf years and government has been letting the act of desecration of Charminar going on, much to the annoyance of the people of old city of Hyderabad and historic Charminar area. There have been minor skirmishes due to which many a people have been injured and the area saw the curfew for some time.

These three incidents are very typical of as to what goes on to make a communal violence. There is preplanning in these acts, as is clear in all these cases. The pretext and rumours about violation of the modesty of women, is very much visible in the case of Faizabad. In case of Faizabad, apart from intimidating the minorities, burning their shops, the ransacking of the office of bilingual paper, Aap Ki Taqat is very symbolic. This paper is bilingual, Urdu and Hindi. Its belief is that Hindu Muslims are brothers and Hindi-Urdu are sisters. It has been talking of peace in Ayodhya and is opposed the communal politics which led to Babri demolition. In UP while the Samajwadi party (SP) is very much in the total control of situation, how come violence is taking place? SP has been always claiming to be secular and in past many a times it has come forward to protect the values of secularism. There seem to be deeper forces which are beyond the control of SP, or does SP sees a political benefit in letting violence happen remains to be seen. It is painfully obvious in case of UP, Faizabad also that police machinery is not interested in controlling the violence, even when it can. It either helps the rioters or looks the other way round when the violence is taking place. In Hyderabad one sees the use of historical places to incite the communal tension. How systematically communal forces built up the Ram Temple campaign leading to demolition of Babri Masjid is a sad reminder to what can happen in Hyderabad. In Ayodhya also Babri Masjid was a monument under control of ASI, but with political hysteria built around it, it was demolished in the broad day light with state, police very much in the know of things.

The multiple factors which lead to communal violence remain unaddressed so the recurrence of these acts of violence goes on in such a painful way. Social activists and scholars have pointed out the role of communal forces, state machinery, irrespective of who is in power; the role of rumours, the ‘social common sense’ targeted against minorities persists. It is very sure that unless the problem is dealt with in its totality the country will keep suffering the pain of this violence and minorities in particular will keep suffering. It also reminds us as to what is the state of our democracy and the need for an effective and balanced Communal Violence Bill? No democracy can be satisfactory unless the minorities are safe and secure and are having equity in economic matters. These incidents are reminders to all those having faith and longing for a peaceful, secular, democratic society that we need to work against those who operate on communal ground, we need to ensure that social misconceptions are removed and an atmosphere of amity is created and that pressures have to bring in Communal Violence prevention Bill to punish the acts of commission or omission by political authorities and the police forces.

http://twocircles.net/2012dec03/persistence_sore_communal_violence_today.html

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Minimum proof, maximum sentence – Editorial (Nov 24, 2012, The Hindu)

The cavalier approach of the police, especially in Delhi, to terror investigations has long hampered the country’s fight against terrorism. In many cases, the real culprits remain at large even as responsibility is wrongly fixed on persons who are either innocent or only peripherally connected to a particular incident. The terrible consequences of this unprofessionalism were revealed on Thursday when the Delhi High Court ordered the acquittal of two men wrongly sentenced to death in the 1996 Lajpat Nagar market blasts case. The Court was unsparing of the prosecution which, it said, had gone beyond “lapses and inefficiencies” to produce evidence whose “nature and truthfulness” were in serious doubt.

The message is inescapable: under pressure to show results, the police often fudge evidence, not bothering that this sleight of hand can rob an accused of the most precious gift ever – his life. In this case, the wrong done to Mirza Nissar Hussein and Mohammed Ali Bhatt was so enormous that when the higher court set it right, the two men found themselves dramatically transported from their condemned world of despair and death to full life and liberty.

In their judgment, Judges S. Ravindra Bhatt and G.P. Mittal made it a point to rebut the oft-used excuse in terror cases: that the nature of terrorism makes it difficult for the prosecution to meet the “impossible standards” of proof demanded by the courts: “In matters of liberty, the weakness of the state surely can’t be an excuse for lowering time-tested standards, especially in serious crimes where the accused stand to forfeit their life…” Indeed, with the court unequivocally reiterating a fundamental principle of justice-delivery, the time has truly come to reassess a state of affairs where manufactured evidence passes for investigation and acquittals are blamed on legal technicalities or on the unreliability of witnesses, more so in terror cases.

In another judgment of great import delivered in October this year, the Supreme Court overturned 11 convictions under the Terrorism and Disruptive Activities (Prevention) Act (TADA), rejecting the prosecution’s plea that it had committed only a technical error in overlooking a key safeguard of TADA. The court’s answer to this was that in the land of Gandhi, the means were necessarily inseparable from the ends. Rather than going after innocents and building cases on evidentiary quicksand – as it appears they have been doing in many cases – investigative agencies prosecuting terrorist crimes must learn to rely on improved technical and forensic evidence. At the end of the day, that is the only way to prevent the escape of real terrorists.

http://www.thehindu.com/opinion/editorial/minimum-proof-maximum-sentence/article4127404.ece

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