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Gujarat riots

IAMC Weekly News Roundup – May 13th, 2013

by newsdigest on May 14, 2013

In this issue of IAMC News Roundup

News Headlines

Opinions & Editorials

Modi ignored appeal to stop riots: Yechury (May 7, 2013, Hindustan Times)

CPM leader and Rajya Sabha member Sitaram Yechury has alleged that Gujarat Chief Minister Narendra Modi had ignored his call for action to stop the 2002 riots. Recalling his visit to Ahmedabad along with MPs Amar Singh, Shabana Azmi and Raj Babbar on March 1, 2002, when riots erupted in several locations in the city and the state, Yechury said the group had made a telephone call to Modi after witnessing the tense situation.

“I had conveyed our concern and appealed to Modi to put an end to the riots. But that appeal did not fall on receptive ears,” Yechury said on Tuesday speaking at a discussion on ‘Dangers of communal mobilisation and targeted violence’ organised by Communalism Combat and Sahmat.

“The full gravity of the situation in Gujarat during the riots is still not known,” Yechury added. The meet discussed the protest petition against a SpecialInvestigation Team’s clean chit to Modifiled before a local court in Ahmedabad on April 15 by Zakia Jafri, wife of Ehsaan Jafri who was killed in the Gulberg Society massacre.

http://www.hindustantimes.com/StoryPage/Print/1056480.aspx

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Wherever Narendra Modi campaigned in Karnataka, BJP lost: Congress (May 9, 2013, Indian Express)

Gujarat Congress claimed that wherever Gujarat Chief Minister Narendra Modi addressed public meetings during Karnataka election campaign, BJP lost those seats. “Chief Minister Narendra Modi addressed three public meetings in Bangalore, Mangalore and Belgaum which include 37 assembly seats in Karnataka and in all these seats, BJP lost miserably,” Gujarat Congress President Arjun Modhwadia said in a press statement issued here.

In his statement, he gave full credit to the leadership of party chairperson Sonia Gandhi, Prime Minister Manmohan Singh and party vice-president Rahul Gandhi for the absolute victory in Karnataka assembly polls. “As per constitutional provisions, if the Lokayukta had been appointed in Gujarat also, then the fate of Gujarat Chief Minister Narendra Modi would have been the same as that of B S Yeddyurappa since the BJP government in Gujarat also has resorted to corruption amounting to Rs 1 lakh crore,” he alleged.

Citing poll results of Uttarakhand, Uttar Pradesh, Punjab, Himachal Pradesh and Gujarat assembly elections of the recent past, he claimed that in all these states, BJP has been losing its voter base. “BJP is in serious need of introspection and it needs to shed its negative politics before it is too late for the party.”

http://www.indianexpress.com/story-print/1113507/

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HC slams Gujarat govt for shielding cop in Ishrat case (May 10, 2013, Deccan Herald)

The Gujarat High Court on Friday came down heavily on the Narendra Modi government for “shielding, siding with and protecting” a police officer accused in the Ishrat Jahan fake encounter case. A two-judge bench comprising Justice Jayant Patel and Justice Abhilasha Kumari said that based on a report by the CBI, it was clear that the state government was shielding the accused policeman.

The court said that even the special investigation team (SIT), which was probing the case earlier, had complained of government interference. The investigative agency had highlighted the “disappearance” of senior IPS officer and ADGP rank officer P P Pande even after an arrest warrant was issued against him by the CBI court. The CBI had complained that despite repeated summons, the officer had evaded the CBI. It said the government did not show any interest in bringing the officer under lens.

The court also took strong objection to the state government’s stand on extending the services of senior Gujarat IPS officer Satish Verma for continued investigations in the case. While the court has asked the CBI to seek Verma’s help, the state government has insisted that the officer was required by the state services.The High court further ordered that the state government allow Verma to work with the CBI team for assisting the agency in its investigations. It directed the CBI to submit a status report in the case by June 13.

http://www.deccanherald.com/content/331645/hc-slams-gujarat-govt-shielding.html

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3 arrests in Latur bus blast case (May 12, 2013, Indian Express)

Three people were arrested Sunday in connection with the low intensity blast in a state transport bus in Nalegaon Friday. Nanded resident Narayan Dhale, who had allegedly purchased firecrackers was arrested along with the father-son duo of Siwrad and Kailash Awadke, who allegedly sold Dhale the firecrackers in Mukramabad village in Nanded district.

Police said Dhale was travelling with his family in the bus and had concealed the firecrackers in his bag. “Dhale’s wife was carrying the bag containing the firecrackers. Dhale and his mother were about to alight from the bus when the explosion took place. We suspect there was some rod-like mechanism in the firecrackers that burst after the bag hit one of the seats,” said Srikirshna Kokate, ASP, Latur, adding Dhale’s wife and son were injured in the blast while he and his mother sustained minor injuries.

“ATS traced Dhale and verified the events with him. During interrogation he couldn’t provide clear answers and was arrested. He was taken to Murkramabad where he led investigators to Awadkes. They were arrested from their homes,” he said.

They have been charged under Sections 286 (negligent conduct with respect to explosive substance), 435 (mischief by fire or explosive substance with intent to cause damage) and 427 (mischief causing damage to the amount of fifty rupees) of the IPC and the Explosive Substances Act. The trio was remanded in police custody till May 16.

http://www.indianexpress.com/story-print/1115060/

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7/11 accused exposes police’s ‘serial witness’ (May 8, 2013, Mumbai Mirror)

Ehtesham Siddique, accused in the July 11, 2006 serial train bombings, on Tuesday continued to use official information obtained via the Right to Information Act to pick holes in the prosecution’s case. Siddique has been deposing as a defense witness in the case, which is now in its last stages at the special Maharashtra Control of Organised Crime Act court. On Tuesday, Siddique produced records from the Byculla police station to show that the panch witness who positively identified him was a history-sheeter with three cases against him.

The information also showed that this person was frequently produced by the police as a panch witness. Another RTI revealed that the witness was often used as a witness by the DCB CID Unit II. The witness had earlier deposed that he saw Siddique working with some circuitry in a Govandi house days before the blasts. While the witness had deposed that he had picked out Siddique during an identification parade that lasted 35 minutes, the station records for the day showed that the inmates were brought out of their cell 12.35 pm and put back at 12.40 pm.

Siddique also produced documents to show that the then Deputy Commissioner of Police Gyaneshwar Phadtare, who had said that he recorded the confessional statement of a co-accused Muzzamil Rehman on October 5, 2006, joined the zone only on October 10. Siddique, whose deposition will continue on Wednesday, had earlier submitted information that discredited the key eyewitness in the case.

The information showed that the person the witness claimed to have met just before bumping into Siddique at the Churchgate station did not exist and the person the witness said he met at a Dadar office was on leave that day.

http://www.mumbaimirror.com/mumbai/crime/7/11-accused-exposes-polices-serial-witness/articleshow/19942598.cms

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Gujarat high court comes to the rescue of a Muslim businessman (May 13, 2013, Times of India)

Mustufa Patel had to resort to Gujarat high court for protection to run his restaurant at Ahmedabad-Viramgam highway after cops refused to intervene despite local court’s orders. Patel moved the HC after petitioning unsuccessfully before local court, National Human Rights Commission (NHRC) and the National Commission for Minorities(NCM). In Febraury, Patel lodged complaint against BPCL petrol pump owner Dashrath Gohil and others of coercing him to evacuate the place by resorting to inciting people on communal lines. Since cops did not even register his complaint first, he had to close his restaurant for nearly a month.

The cops finally registered his complaint, but section 153 of the IPC was not mentioned in the FIR. Patel moved the magisterial court in Viramgam, the court ordered police protection. But the policemen flatly refused to protect him, when Gohil came to his hotel threatening. Patel made a representation before the NHRC and then to NCM, which inquired into the matter. But situation did not change for Patel. When he moved the high court demanding protection against the neighbour, Justice S R Brahmbhatt on Thursday ordered the DySP of the area to remain present before the court the next day.

When DySP N D Solanki appeared before the court, he had ensure protection and promised that police would see to it that no untoward incident happens and Patel would run his hotel peacefully. If Patel has any problem, police will take immediate steps. Patel runs a hotel on the highway since 1986. The property was destructed during the 2002 riots, but Patel managed to resume the business within months. In 2005, Gohil bought the land and since then he allegedly has been harassing the hotelier. He was not allowed to open his restaurant since February 9. He said that when he approached cops first, they advised him not to enter the premise.

http://timesofindia.indiatimes.com/articleshow/20032407.cms

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How the Centre and police have shielded Sajjan Kumar since 1984 (May 8, 2013, The Hindu)

H.S. Phoolka, advocate for the 1984 anti-Sikh riot victims, has contradicted the recent statement of Sajjan Kumar that his name as an accused in the atrocities against Sikhs figured for the first time only during the Nanavati Commission —15 years after the riots. In a statement that lists instances in which Mr. Kumar’s name was mentioned for alleged involvement in the massacre and mentions how he was let off, Mr. Phoolka said: “There is ample evidence to show how the police and the government have been shielding him from the beginning.”

The statement said that a large number of victims had named Mr. Kumar in 1984 itself and many of these witnesses told volunteers working in relief camps of his “involvement” as the police were not registering their complaints. Based on these allegations, a delegation of Opposition leaders met the Prime Minister on November 6, 1984 and apprised him of alleged involvement of Mr. Kumar. This news appeared in many newspapers on November 7, 1984, said Mr Phoolka. As the police were not registering complaints, human rights groups started their own enquiry and later the Misra Commission agreed with the victims that the police did not register cases wherever the victims named political leaders.

Mr. Kumar’s alleged role prominently figured in the report ‘Who are the Guilty’ published by the PUCL and PUDR in the last week of November 1984 as also in other reports published by rights groups in December 1984 and January 1985. Ambassador Gurbachan Singh (retd.) and former Governor Gobind Narain also informed the Nanavati Commission that while they were holding enquiries as part of Justice Sikri’s Citizens Commission in December 1984, a number of victims named Mr. Kumar.

Twelve affidavits were filed against Mr. Kumar from July to September 1985 before the Misra Commission of Inquiry, the statement added. The Misra Commission, in its report in February 1987, also found that the police did not register cases wherever political leaders were named. However, Justice Misra recommended the formation of another committee for that purpose as he said that it was not a part of his terms of reference to recommend registration of criminal cases. In August 1987, the Jain-Banerjee Committee, consisting of Justice M.L. Jain and A.K. Banerjee-IG (retd.), recommended registration of cases against Mr. Kumar but no case was registered by the police.

In 1990, during the tenure of the V.P. Singh government, the Central Bureau of Investigation registered a case against Mr. Kumar. When CBI officials arrested him at his house, a mob gathered and burnt the jeeps of the CBI. In 1991, the Delhi Police sent a report to the prosecution branch to close the case against him in FIR No. 67/87 of P.S. Nangloi, but the prosecution branch rejected the recommendation and maintained that sufficient evidence against him existed to file a chargesheet. Faced with this on April 8, 1992, the Delhi Police prepared a chargesheet against Mr. Kumar for the murder of four Sikhs and the same was signed by the Inspector and the ACP. The charge sheet also recorded that he was not arrested due to a law and order problem and the court may summon him. This chargesheet had not been filed in the court till date, said Mr. Phoolka.…

http://www.thehindu.com/news/national/how-the-centre-and-police-have-shielded-sajjan-kumar-since-1984/article4693431.ece

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CBI a ‘caged parrot’, ‘heart’ of Coalgate report changed: Supreme Court (May 8, 2013, Times of India)

The Supreme Court has questioned the credibility of CBI probe into the coal scam and has asked for a thorough and qualitative investigation. Expressing strong displeasure at govt’s interference in the Coalgate probe report, the apex court said, “the heart of the report was changed on the suggestions of the govt officials.” “The heart of the report was changed on suggestions of government officials,” the court said in an apparent reference to the raging controversy over the sharing of the draft status report with political executive and joint secretaries in the coal ministry and the PMO.

Raising questions on the independence of CBI, the apex court called it a “caged parrot speaking in its master’s voice”. The court making a scathing comment on the functioning of the investigating agency said, “It’s a sordid saga that there are many masters and one parrot.” Asking the govt to make CBI impartial, the apex court said it needs to be ensured that the CBI functions free of all external pressures. If the CBI is not made independent, we will step in, the SC observed.

“Job of CBI is not to interact with government officials but to interrogate to find the truth,” the SC said. The judges remarked that the CBI must know how to stand up against all pulls and pressures by government and its officials. Commenting on law minister Ashwani Kumar’s role, the apex court said that a minister can ask for a report but can’t interfere with the CBI probe. The court questioned how the CBI could have regular interactions with the ministry officials.

Slamming the action of joint secretaries who saw the probe report, the SC said, What business does the two joint secretaries have in visiting the CBI office? Defending his role, attorney general GE Vahanvati said, “My meeting with CBI officials took place only on suggestions of the law minister.” I have neither asked nor got CBI’s probe report in coal scam,the attorney general said. The apex court observations came on CBI director Ranjit Sinha’s second affidavit filed on Monday, stating that law minister Ashwani Kumar and senior officials of the PMO and coal ministry had made changes in the Colagate probe report.

Ranjit Sinha in his nine-page affidavit to SC had given details of series of meetings with Ashwani Kumar, Vahanvati, additional solicitor general Haren Raval and Shatrughna Singh and A K Bhalla, joint secretaries of the PMO and the coal ministry during which changes in the probe reports were suggested and made by them.

http://timesofindia.indiatimes.com/articleshow/19952260.cms

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Sub-inspector caught taking Rs 10K bribe (May 8, 2013, Times of India)

A police sub-inspector posted in Odhav police station was arrested by Anti Corruption Bureau officials on Monday evening. The PSI was caught taking a bribe of Rs 10,000. A complaint in this regard was registered at Odhav police station against Bahadursinh Parmar, a resident of Odhav. Parmar was accused by his wife of physical and mental torture. He subsequently was arrested under the Anti Dowry Act.

After getting bail, Parmar was faced new trouble. The investigating officer PSI M K Chauhan started threatening him. Chauhan called him to the police station often and demanding hefty bribes. Chauhan threatened to file stricter IPC sections against him in a new complaint on the same matter. Chauhan had demanded Rs 20,000 to stop the harassment.

Parmar agreed and secretly contacted ACB officials. With help of the anti-corruption bureau officials Parmar on Monday evening reached the police station with the first installment – Rs 10,000. Parmar took the bribe and was arrested immediately by ACB plainclothesmen. The trap was sprung in the presence of government witnesses.

http://timesofindia.indiatimes.com/articleshow/19941624.cms

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RPF constable held for raping son’s wife (May 10, 2013, Times of India)

The Kolsewadi police on Thursday arrested a Railway Protection Force (RPF) constable for allegedly raping his daughter-in-law when his son was away to Pune on Wednesday. He was produced before court which sent him to police custody till May 14. According to the police, accused Rakesh Sharma (53) is a former military man who joined the RPF as a constable after retirement and is presently posted with the Kasara RPF.

Sharma, the victim and her husband live in the railway quarters in Kalyan (E). On Wednesday, Sharma had dinner with his daughter-in-law after which he went to his room. He returned later on the pretext of asking her when his son was returning. He locked her room and increased the volume of the television before allegedly raping her.

Senior inspector Jagdish Lohankar said, “After the accused left, the victim approached told her neighbour everything. She then lodged a complaint.” “We are surprised as Sharma was known for his sincerity,” said an RPF constable from Kasara.

http://timesofindia.indiatimes.com/articleshow/19979359.cms

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Opinions and Editorials

US: No Entry For Mr. Modi – By Ram Puniyani (May 8, 2013, Countercurrents)

Mr. Narendra Modi, for whom some countries are warming up to relate to him in Europe and in the East; the latest report from US must be very disheartening. Despite a strong lobby for pressurizing to grant him Visa, the United States Commission for International Religious Freedom (USCIRF), has called on the Obama administration to maintain a visa ban on Gujarat Chief Minister Narendra Modi for his role in the pogrom of 2002 that claimed over 2,000 lives and displaced over 150,000 people, many of whom are still in makeshift houses. The commission chairwoman Katrina Lantos Swett, of the US commission for international religious freedom (USCIRF) said that “There is significant evidence linking him (Modi, added) to the violence and the terrible events that took place in Gujarat and for this reason, a visa would not be appropriate,” In recent times Modi seems to be the only person so disgraced by the Human rights watch body. John Kerry, the present Secretary of the state of United States, had similar position about Modi, when he was the senator. He had written to the State department to the effect that Visa should be denied to Modi on the grounds of his possible role in 2002 anti Muslim pogrom. The US Intentional Religious Freedom Act of 1998 (IRFA) bars entry of aliens ‘responsible for directly carried out, particularly severe violations of religious freedom’.

The US panel points out that there is a significant evidence linking Modi to the carnage. It is on this ground that Modi is on the Visa ban list from 2005 of US, and the recent efforts of pro-Modi lobbyists is not cutting any ice, in the face of the evidence against Modi. The report also takes cognizance of Muslim community’s suspicion that Maya Kodnani, who has been jailed, is a ‘fall guy’ for Modi, a ‘sacrificial lamb’ so to say. The Commission has also put India in tier two, as for as religious freedom is concerned. It also points out that the bringing in of ‘Freedom of religion’ bills in different states of India has increased the intimidation and atrocities against religious minorities in India. This trend of bringing in such bills is more in BJP ruled states, while few other states have fallen into this unconstitutional trap.

In India last three decades in particular have seen the rise of sectarian tendencies and intimidation of religious minorities. Sikhs in 1984 (Delhi), Christians in Dangs, Kandhamal and in various scattered acts of violence in Adivasi areas in particular, and Muslims in an ongoing manner in Meerath, Malyana, Bhagalpur, Mumbai, Gujarat, various places in UP etc. The intimidation is being orchestrated at social level as well. One example of this is the religious congregations like Shabri Kumbh, the ones’ held in Dangs and many other places, through which Hindus particularly the Adivasis are frightened. The sectarian violence against Muslims is leading to a situation where the whole community is being relegated to the status of second class citizenship. Various states have brought in ‘Freedom of Religion Bill’ which in an Orwellian manner prevents the free choice of religions by the people, a right granted by the Indian Constitution. These laws cannot stand the test of the values of Indian Constitution. But they give a big handle to the communal forces in collusion with the section of communalized state apparatus to intimidate the hapless religious minorities. The underlying reason of these tactics is to polarize the communities along religious lines, to prepare the ground for the ascendance of Religious nationalism, the communal fascism.

The acts of violence against the minorities are changing their pattern. On one hand instead of big massive violence, a scattered sustained violence is being organized in different parts of the country. The target is the non BJP ruled states like UP and Maharashtra in particular. In these states in particular local city based communal violence is taking place and communalizing the society. This trend will inherently strengthen the diehard communal party, which is the electoral wing of the agenda of religious nationalism. While Modi has been too clever and has changed the paradigm of his speeches from the communal one’s to the one’s revolving around the development, which as such should rather be termed as ‘pseudo development’. Modi he has already consolidated his communal-social base, so now to win the electoral battle he has to lure other layers of Hindus and communities, so the total projection around development. Somehow, though law has not fully caught up with him, the blood on his hands is refusing to get washed off despite his shrewd attempts in that direction. The US commission report gives the hope at deeper ethical and moral grounds. Our laws and legal mechanisms are such that the guilty of communal violence are getting away while the innocent are getting killed during the communal carnages. The demand for a law which can punish the guilty for their acts of omission and commission during the violence is very much overdue. One hopes that we don’t have to depend on International agencies to nab guilty of those people who let it happen under their nose, either in a proactive way or by looking the other way around.

The test of democracy lies in assessing as to how secure the minorities are, what the level of their dignity is. On that scale India is gradually sliding down, it’s a blemish on our democratic norms. It’s time that irrespective of our religion, caste and creed we come forward to press for protection of innocents, and for this the we must come forward with suitable legislation so that those in authority cannot get away after presiding over such inhuman acts and couch them in deceptive statements to escape the noose. The supplementary observation is about the rising trend of restriction of religious freedoms in South Asia as a whole. In recent times we have painfully seen the persecution of Christians and Hindus in Pakistan, of Buddhists and Hindus in Bangle Desh, of Muslims in Burma and Srilanka. The health of democracy in South Asia is a worrying matter. We know that regions grow together. India has been a strong pillar of democracy while other South Asian countries are in a different stage of evolution towards democracy. Somewhere military Generals are hovering over the elected leaders; at other the fundamentalist outfits are having a lion’s share in shaping the course of the events of the country. Tragically India is witnessing the downward slope on the scale of democratic ethos. Need for us to revisit the values of Freedom movement and the norms of Indian Constitution.

http://www.countercurrents.org/puniyani080513.htm

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How Many Skeletons Can He Fit In His Closet? – By Paranjoy Guha Thakurta (May 18, 2013, Tehelka)

With a substantial section of the Indian media choosing to hype the upcoming 16th General Election as an American presidential style contest between Congress Vice President Rahul Gandhi and Gujarat Chief Minister Narendra Modi, it is not surprising that popular interest in the controversial leader of the Bharatiya Janata Party (BJP) has grown exponentially in recent months. Predictably, two journalist-authors and their publishers have sought to ride the crest of this wave of interest about a person who is arguably the most divisive and deeply contentious political personality in India at present.

It is, of course, a separate matter altogether that Modi’s attempts to project himself as a potential prime minister of the world’s largest democracy may well come to nought and his endeavours at playing a wider role in national politics outside Gujarat may prove to be more bluff and bluster than hard realpolitik. It is also very likely that if he is indeed sought to be projected as the tallest leader of the BJP, he will run into considerable opposition from not just within his own party, but, more importantly, from within the National Democratic Alliance (NDA) coalition headed by the BJP. There is a real and present danger that the NDA may implode if Modi acquires the stature that he apparently seeks, an outcome that would likely result in the coalition’s next largest constituent, the Janata Dal (United) led by Bihar Chief Minister Nitish Kumar, breaking ranks with the BJP.

Even more significant is the fact that it will be extremely difficult – rather impossible – for a so-called national political party and one of its important leaders to aspire to lead a heterogeneous country like India on a Hindu nationalist agenda after alienating one out of seven of the country’s citizens who believe in some variant or the other of the Islamic faith. Despite his best efforts at wooing them in his state, Muslims in India have a visceral hatred for Modi and this is hardly a secret inside and outside the BJP. In fact, as many political analysts have argued, the best bet for the Congress is to have a strong Modi in Gujarat, for this automatically ensures that Muslims and a section of ‘liberal’ Hindus remain distant from the BJP.

As Kingshuk Nag points out right in the beginning of The NaMo Story – much shorter and more tightly written than Nilanjan Mukhopadhyay’s Narendra Modi: The Man, The Times – there is perhaps no one in the country who is indifferent to Modi: you either love him or you hate him. His personality is not amenable to dissection in nuanced shades of grey. There are no ‘ifs’ and ‘buts’ as far as the Gujarat chief minister is concerned. Nag is clear where he stands. He is certain (as is this reviewer, who has been quoted in The NaMo Story) that Modi will never ever be able to live down the fact that he presided over an administration that oversaw the genocide of at least 700 Muslims, most of them in Gujarat’s capital Ahmedabad, in a three-month period between late- February and early-May 2002.

The ghosts of the not-too-distant past will invariably return to haunt Modi over and over again, no matter how hard he tries to change his public image to that of a go-getting, pro-business leader, the chief executive officer of an industrialised and commerce-friendly state. Some of his overtures have borne fruit: it is hardly surprising that he is the only leader who has been showered with so many accolades by corporate captains, who otherwise prefer to play coy about disclosing their preferences about political leaders.

http://tehelka.com/how-many-skeletons-can-he-fit-in-his-closet/

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How The Southern Portal Crashed – By Imran Qureshi (May 20, 2013, Outlook)

In the circular logic of politics, it’s apt that the election results in Karnataka generate a meaning that goes beyond immediate victors and losers, and has a relevance not limited to the state’s borders or political culture. The grizzled players of the state Congress, instead of losing themselves in celebrations, are eking out a moral from the story and holding it up for the big bosses in New Delhi to see. It’s a nervous message: corruption is bad politics. What’s behind this curious note of caution tempering the elation and relief at returning to power in Karnataka after a gap of seven years? The survival instinct, pure and simple – and an honest appraisal of events as they evolved over the last few years. What lost the BJP its precious ‘gateway to the south’? There may be no answer as grand as the question. Yes, maybe a ‘correction’ to a rightward lurch in the polity, a bit of saffron fatigue. But equally, an accumulated frustration with the simple, everyday facts of massive institutional corruption. Dovetailed with visible misgovernance.

The way Congressmen tie the narrative to the present situation at the Centre – with the UPA unwilling to let go of two ‘tainted’ ministers for even form’s sake – has a lot to do with how things unfolded in Karnataka. For, whatever gains the Congress secured in this election owes to what the BJP did during its five-year rule. More than the scams, it’s in being totally impervious to public opinion that the real damage came. A feeling had set in at some point that the party cared little about public perception. Which hopefully will not be the mistake the Karnataka Congress will make. Or will it? Things have started off with the usual sounds of tug and pull, with over half a dozen candidates announcing they had a hat in the ring for the top job. Opposition leader in the outgoing assembly and padayatra man Siddaramaiah and Union labour minister M. Mallikarjuna Kharge headed the list of pro-spective CMs as we went to press; other major names in the air included Union oil minister Veerappa Moily and ex-KPCC chief R.V. Deshpande. That said, matters are unlikely to come to a head, all players agreeing amicably that “everybody will abide by the high command decision”.

The same cannot be said for the BJP’s innings that just came to an end: it had started by changing its very outlook to power. Its innovative ‘Operation Kamala’, to wean away Congress and Janata Dal legislators who later got elected as BJP men, was a classic example of how democracy can be subverted. It was as if, with opportunity knocking by way of its 100 seats – two short of the halfway mark of 112 in the assembly – it would brook no obstacle in the bid to grab and hold on to power. The lack of trust was obvious – it neither trusted the independents (whose support gave it a simple majority) nor its own partymen. Unlike the late Janata leader Ramakrishna Hegde, who was caught in a similar situation in 1983 but went on to provide a good government, the state BJP was just not prepared to make good on its first chance. To be sure, there was a dichotomy from the beginning between the principles enunciated by the party’s tallest leader then, L.K. Advani, at the time of the 2008 campaign (“Give us a chance to provide a clean government”) and the mechanisms the BJP found handy to gain power. The Bellary iron ore mines had pretty much financed the whole campaign, and Operation Kamala to boot. There was going to be a payback time. B.S. Yediyurappa finally lost his hold on the sceptre by trying to manage the tensions inherent in the BJP’s deal with the Reddys.

And then there was also the humbler corruption of those who were tasting power for the first time. Take the land deals, well exposed by H.D. Kumaraswamy of the JD(S). At one point, the ex-CM was pulling out one scam a day for almost a fortnight. Each of the deals were violative of all norms, including high court verdicts, and related to acquisition of land for BSY’s family members, or whoever found favour with the CM. By then, it was obvious that Yediyurappa considered himself a law unto his own. For, after all, hadn’t he led the BJP to power almost single-handedly, as he claimed to a senior party leader trying to reason with him on behalf of his colleagues. Indeed, the BJP’s rise to power was entirely due to his caste base: the large, dominant community of Lingayats who had stood by him. But then hubris struck. He became so brazen that even standard practices his predecessors followed-like not ignoring a bureaucrat’s written note quoting high court rulings-was given the go-by. The man even denotified land on a site lawfully allotted to his law minister!

The situation had clearly changed dramatically for the man who grew up in the RSS shakhas of Mandya. The time had come to unlearn the moral and cultural codes that had been drilled into him in the shakhas. The new mantra was RoI (return on investment). It’s what the Reddy brothers wanted. Yeddy went the whole hog: from land deals to mining; to backing the transfer of an honest forest official probing the theft of eight lakh tonnes of illegally mined ore the department had seized and retained at Belekere port; to the family’s Prerana Education Trust getting Rs 20 crore donations from the South West Mining Co and getting exposed by an active Lokayukta, Justice Santosh Hegde. And when the mining scam hit the ceiling, Yediyurappa punctured the party’s high command balloon further by walking in a procession to the Raj Bhavan to submit his resignation. It was also to send a message: that he alone mattered in the BJP and if it didn’t care, he would teach it a lesson. The high command, bent on protecting its ‘gateway to the south’, boosted his stature by caving in yet again. Why didn’t the party sack him then? Was it the fear of losing Lingayat support, as had happened to the Congress when community strongman Veerendra Patil was removed by Rajiv Gandhi in 1990? (It’s said that they never forgave the Congress – until now.) Whatever it was, BSY successfully converted every single crisis – even his three weeks’ stint in jail in the mining scam, the first ex-CM to do time – into an opportunity. …

http://www.outlookindia.com/article.aspx?285355

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Will The Biases About Terrorists Remain Permanent? – By Ram Puniyani (May 7, 2013, Countercurrents)

We have witnessed number of acts of terror in India, during last two decades. While those involved in the acts of terror have been coming from individuals of different religions, the net outcome of the actions of investigation agencies and police has been to arrest Muslim youth, to put charges against them and in most cases to release them after the charges are not proved on any ground. This pattern had a ‘mini-break’ for sometime after the Malegaon blast of 2008. The professional, unbiased and meticulous investigation of the Malegaon blast by the then chief of Maharashtra ATS, Hemant Karkare came as a big step in getting to the terrorists. Due to this; starting from Sadhvi Pragya Singh Thakur, Swami Dayanand Pandey, Swami Aseemanand and many others belonging to the ideology of Hindutva nationalism are currently cooling their heels in the jails. Investigations into Malegaon and many other blasts are showing the imprint of these Hindutva groups and people. One thought that this major breakthrough into acts of investigation will change the mind set of police authorities and they will overcome their biases and do a more professional job in investigation into the acts of terror.

Alas that was not to be and guided by Pavlovian reflex, in a knee jerk fashion, police continues to repeat its pattern of giving statements immediately after the acts of terror in which the organizations like Indian Mujahedeen. Lashkar and others continue to be being named without a thorough probe. This is followed by the usual arrests and framing them. Recently first in the case of Hyderabad twin blasts on 21 February 2013 in which 17 people died and over hindered were injured. These bombs were kept on a bicycle and Indian Mujahideen were blamed for this dastardly act. Later in Bangalore on 17th April a bomb exploded 300 meters from the BJP office. For this blast a motorcycle was used. In this blast around 16 people were injured. It was propagated that the blast took place near BJP office! As usual Indian Mujahedeen were blamed. In this blast again there was an additional factor about propaganda that blast took place near BJP office, when in reality the blast was 300 meters away from the spot. Congress spokesperson Shakil Ahmad said that this blast and the propaganda of its being near BJP office will benefit BJP in the forthcoming elections, while another Congress spokesperson and BJP countered the statement of Shakil Ahmad.

In Bangalore blast, the preceding incidents are very disturbing and revealing. Just ten days before the Bangalore blast, on sixth April in Kannur (Kerala) a blast took place from the motorcycle and RSS swayamsevak A. V. Dileep Kumar who was carrying four kilograms of explosives died. One recalls that the RSS associates also got killed in blasts in Nanded, Kanpur and many other places. This Kannur incident was underplayed and not much is known about the investigation so far as such. It is interesting that police authorities who immediately named Indian Mujahidin have been totally silent on the Hindutva connection of probable terrorists, as by now the nation knows the involvement of Hindutva groups in many acts of terror. The real loser of these biases held by authorities and common people is the country as a whole. The real reason being that if we don’t nab the real culprits and remain trapped in the usual prejudices and biases, the real culprits will continue to carry on their nefarious work over and over again.

As such apart from other things on this trend of Muslim youth being arrested a good amount of documentation and people’s investigation has been done by various human rights groups. ANHAD held a people’s tribunal and published it report, ‘Scapegoats and Holy Cows’. Lately a significant report by Jamia Teachers Solidarity Association led by Manisha Sethi has published ‘Framed, Damned, and Acquitted’. This report in a analytic way tells us the stereotypical manner of police investigation and actions and the plight of those who were arrested particularly by the Delhi Police Special Cell on charges of these youth being part of terrorist outfits. In most of these cases they were acquitted by courts. This report as such should have created awareness about the police methods and a pressure on police to mend its ways. The report also points that the biased atmosphere has been created as media is publishing the police version uncritically. This is in contrast to the journalistic ethics where the official versions have to be checked, cross checked and examined critically before publishing them. The human rights groups also have been struggling for getting compensation to these victims in good measure but to no avail so far. And then the question comes up as to what about the police officers who are guilty of these acts of wrongful investigation and implicating innocent youth, ruining their life in a serious way? Should they not be punished? The pattern of police reporting is also very stereotypical and needs to be seriously criticized.

The question is what the senior leadership is doing in the face of findings of these reports. Is it not important for the policy makers to take cognizance of such important reports and respond to them in the form of policy change for the investigation authorities? Amongst others another human rights group, Rihai Manch from Uttar Pradesh is also campaigning on this issue and trying to get the innocent youth released. UP Government had appointed a Nimesh Commission to investigate these cases, but for reasons known to itself the government is not releasing the report and is doing some patch work here and there. While UP Government is dodging over the issue of implicating the Muslim youth, one of its ministers is having the taste of these biases in United States, where he was detained at Boston. While he is blaming Indian External Affairs Minister for this, he is forgetting that these biases against Muslims are equally widespread and before him, people of the stature of ex President Abdul Kalam and the celebrity like Shah Rukh Khan have faced similar situations. Is it not an indication enough for the UP minister to set his own house in order as for as the implication of Muslim youth in acts of terror are concerned. The real worrying point of all these incidents is the way biases against Muslims are becoming rooted more and more. What efforts are needed to counter this stereotypical nature of understanding security agencies and perceptions at popular level needs a serious course correction on urgent basis.

http://www.countercurrents.org/puniyani070513.htm

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A community does some soul-searching on 1984 cases – By Chander Suta Dogra (May 3, 2013, The Hindu)

With the recent acquittal of Sajjan Kumar by a Delhi court which sent a wave of dismay among Sikhs in Punjab and across the world, the realisation has started to grow that the Sikh community as a whole, barring a few exceptions, has done little to lend a helping hand to those seeking justice for the 1984 riots. The anger and frustration at repeated setbacks in courts is no less than the sense of collective shame that is beginning to pervade sections of the community at not being able to bring the key perpetrators to book. This is partly why the demand to reopen and investigate afresh the hundreds of cases that were closed due to lack of evidence is gaining resonance.

Until 2007, when the Central Bureau of Investigation filed the first closure report in a case against Jagdish Tytler stating that it could not contact any of the witnesses, the complainants were mostly fighting the cases on their own with very little resources or support. It is well known that many key witnesses were either purchased or coerced into giving contrived testimonies, often changing what they said, contributing to the perception in the courts that their statements were unreliable. On Tuesday, when District and Sessions judge J.R. Aryan acquitted Sajjan Kumar, he did so on the ground that the prosecution’s star witness, Jagdish Kaur, had not named him in her statement before the Justice Ranganath Mishra Commission in 1985.

The 2007 setback in Tytler’s case however proved to be a watershed in the legal battles of the 1984 riot victims. For the first time it drew the attention of a group of U.S.-based Sikh lawyers to what was happening here. Gurpatwant Singh Pannun, a New York-based attorney, who later formed the Sikhs for Justice (SFJ), helped trace Jasbir Singh in the U.S, one of the witnesses who the CBI said could not be traced. Another witness, Surinder Singh, who had resiled from his previous statement before the Nanavati Commission, was also located and persuaded to depose again. The CBI sent a team to the U.S. to record their statements, but later told the court that they could not be relied upon because of inconsistencies. Similarly, 17 other witnesses were located by the combined efforts of the SFJ, H.S. Phoolka, the Delhi-based lawyer who has taken up the cases of the riot victims, and Navkiran Singh, a Chandigarh-based human rights lawyer.

It took an appeal by the SFJ for the Shiromani Gurudwara Parbandhak Committee (SGPC) to offer protection for these witnesses. Surinder Singh who had served as a granthi in several Delhi gurdwaras(he died a couple of years ago), told this correspondent in 2008 that for years, he had lived in fear of goons who used to harass him for implicating Tytler. In 2008, after the CBI recorded his statement afresh on the killing of three Sikhs outside Gurudwara Pul Bangash on November 1, 1984, he was a terrified man, unwilling to return to Delhi and take up his old job. Today, the overwhelming sentiment in Punjab is that in the face of a hostile Congress, it was the responsibility of the Sikh political and religious leadership to motivate and help the victims firm up the cases. “This was never done. They always played politics with the issue. If it was the pro-Congress Sarna brothers heading the Delhi Sikh Gurudwara Committee who sided with the Congress and openly intimidated the witnesses, in Punjab, the Akalis only paid lip service because the Delhi Sikhs who suffered the most were not its vote bank,” says Gurpreet Singh of the International Sikh Confederation, an umbrella organisation of Sikh religious and social groups.

It was the small group of Mr. Phoolka, Navkiran Singh and the SFJ that brought to light as late as 2011 the deaths of 51 Sikhs in Haryana during the riots, including the destruction of the village of Hondh Chillar. A fact finding committee of the SFJ found that an FIR registered by the sarpanch after 23 Sikhs of the village were killed and their houses burnt down was never investigated properly. Through an RTI query, they also discovered that there was violence in nine out of Haryana’s 19 districts. Trials were being conducted in only 36 of the 65 cases registered while 29 cases had been cancelled. The activists then moved the Punjab and Haryana High Court and have succeeded in getting a commission of inquiry appointed into the killings in Haryana. Says Navkiran Singh: “It is unfortunate that the biggest setback to the victims has been the apathy of the Sikh community itself. The well-off Sikhs in Delhi joined hands with the Congress to feather their nests and left the poorer victims to fend for themselves.” He quotes the example of Badal Singh, who died in the rioting for which Jagdish Tytler was booked. “Badal Singh had run into the house of a rich Sikh to seek shelter, from where he was seized by the mob. That Sikh refused to become a witness.” …

http://www.thehindu.com/opinion/op-ed/a-community-does-some-soul-searching-on-1984-cases/article4677410.ece

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The unravelling – Editorial (May 9, 2013, Indian Express)

The UPA government’s reputation is being battered in a perfect storm of its own making. On Wednesday, the Supreme Court, as expected, took a stern view of the Union law minister and other government officials vetting the CBI’s status report on the investigation into coal block allocations — this highly unusual oversight was first reported in this paper, and subsequently confirmed by CBI Director Ranjit Sinha to the court. Even more damningly, the court blew a big hole in the government’s attempt to pass off its recommended changes to the status report as mere proofreading. The Supreme Court bench says the changes went to the heart of the report. This is crucial. The UPA has so far been resolute in brazening it out, parsing the court’s observations to improvise excuses and troubleshoot on a day-to-day basis. It must now pause to consider the juncture to which this brazenness has brought not just the government, but also the delicate relationship between the political executive and the premier investigating agency.

In fact, were the government to glance beyond the immediate repercussions of its defence of the law minister, it would find that the court has, once again, left many exit routes for all concerned to recover institutional equilibrium for the CBI and the posts of the law minister and the law officers. But for that, the UPA needs to see the crisis for what it is, a deeply political one that had to be managed politically, not fought as a legal brief in the public domain. Ashwani Kumar may or may not have had particular beneficiaries in mind while running his blue pencil through the CBI draft — though the dynamic of the intervention has to be probed too – but excising a line of inquiry in the case reinforces the galling breach of propriety overseen by him as the incumbent Union law minister.

Taking moral responsibility, and immediately so, by having him step down was vital for the Congress party, and especially the government, to demonstrate an acceptance of institutional dignity, of the CBI and also of the Union council of ministers. Now, no matter what measures the government takes, they will be seen to be under duress, and not born of moral conviction. At this late stage, a strong demonstration of political humility by the government is in order. It is the bare minimum needed under these appalling circumstances.

http://www.indianexpress.com/story-print/1113216/

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IAMC Weekly News Roundup – May 6th, 2013

by newsdigest on May 7, 2013

In this issue of IAMC News Roundup

Announcements

News Headlines

Opinions & Editorials

Book Review

Announcements

Indian Americans welcome USCIRF’s recommendation to continue the ban on Modi’s US visa

Thursday May 2nd, 2013

 

The Indian American Muslim Council (IAMC - www.iamc.com), an advocacy group dedicated to safeguarding India’s pluralist and tolerant ethos lauded the United States Commission for International Religious Freedom (USCIRF), for calling on the Obama administration to maintain a visa ban on Gujarat Chief Minister Narendra Modi for his role in the pogrom of 2002, that claimed over 2,000 lives and displaced over 150,000.

 

 

“There is significant evidence linking him to the violence and the terrible events that took place in Gujarat and for this reason, a visa would not be appropriate,” said Katrina Lantos Swett, chairwoman of the US commission for international religious freedom (USCIRF) during a press conference held on May 1, to release its annual report.

 

 

In a letter to Secretary of State John Kerry, IAMC President Ahsan Khan praised USCIRF for taking a position that is consistent with US law, international human rights norms and our shared values of human rights and religious freedom.

 

 

“USCIRF’s recommendation to continue the ban on Narendra Modi’s entry into the US, and your own position on this issue during your term as Senator are a timely reminder to human rights violators across the world, that the international community will hold them accountable for their misdeeds,” stated Mr. Khan in the letter. In 2006, then Senator John Kerry had written to the State Department expressing concern over reports that Narendra Modi could be applying for a US visa. The State Department had responded to Senator Kerry, assuring him that “the Department of State is extremely sensitive to your concerns and we are cognizant of the human rights abuses Mr. Modi has committed.”

 

 

IAMC has also called on the Government of India to note that USCIRF has continued to place India in Tier 2 of the list of countries where religious freedom is at risk. India has been on USCIRF’s watch list since 2009. Such a characterization is a challenge to India’s secular and democratic constitution and a blemish on our cherished tradition of tolerance.

 

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

 

CONTACT:

Indian American Muslim Council
Ishaq Syed
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

REFERENCES:
1. US religious panel for continuing visa ban on Narendra Modi
http://articles.timesofindia.indiatimes.com/2013-05-01/india/38956754_1_uscirf-religious-freedom-annual-report
2. USCIRF – Annual Report, 2013
http://www.uscirf.gov/images/2013%20USCIRF%20Annual%20Report(1).pdf
3. “We have no orders to save you” – Report by Human Rights Watch
http://www.hrw.org/legacy/reports/2002/india/
4. Concerned Citizens Tribunal – Gujarat 2002; An Inquiry into the Carnage in Gujarat
http://www.sabrang.com/tribunal/volI/index.html

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US panel seeks continued visa ban on Narendra Modi (May 1, 2013, Indian Express)

A Congress-established independent panel on religious freedom has called on the US to maintain a visa ban on Gujarat Chief Minister Narendra Modi, saying there was significant evidence linking him to the violence in the state in 2002. “There is significant evidence linking him to the violence and the terrible events that took place in Gujarat and for this reason, a visa would not be appropriate,” Katrina Lantos Swett, chairwoman of the US Commission for International Religious Freedom (USCIRF) told reporters today during a press conference held to release its annual report.

The annual report of USCIRF has placed India in the Tier 2 Countries on religious freedom along with that of seven other countries Afghanistan, Azerbaijan, Cuba, Indonesia, Kazakhstan, Laos and Russia. For the 2013 Annual Report, USCIRF has recommended that the Secretary of State to re-designate eight countries as countries of particular concern (CPCs): Burma, China, Eritrea, Iran, North Korea, Saudi Arabia, Sudan and Uzbekistan. USCIRF also found that seven other countries meet the CPC threshold and should be so designated: Egypt, Iraq, Nigeria, Pakistan, Tajikistan, Turkmenistan, and Vietnam.

In its annual report, the USCIRF notes that Modi is the only individual against whom the US has so far used its visa ban provision related to religious freedom in March 2005 due to his alleged complicity in the 2002 riots that resulted in the deaths of an estimated 1,100 to 2,000 Muslims. “USCIRF continues to urge the Departments of State and Homeland Security to develop a lookout list of aliens who are inadmissible to the US on this basis,” the report said, adding that in November 2012, it had written a letter to the then Secretary of State Hillary Clinton, to continue the US policy against Modi apprehending that the Gujarat Chief Minister might apply for a visa.

“Directly related to identifying and barring from entry such severe religious freedom violators, IRFA (International Religious Freedom Act of 1998) also requires the President to determine the specific officials responsible for violations of religious freedom engaged in or tolerated by governments of CPCs, and, when applicable and to the extent practicable, publish the identities of these officials in the Federal Register,” the report said. “Despite these requirements, no individual officials from any CPC (Country of Particular Concern) countries responsible for particularly severe religious freedom violations have been identified to date,” the report noted. On the 2002 Gujarat riots, the report said, in the last two years approximately 100 people have been convicted of various crimes, with punishments ranging from minor monetary fines to life imprisonment, and more than 100 individuals have been acquitted because of lack of evidence, witnesses refusing to testify or the death of witnesses.

Additionally, “Gujarati police have closed a large number of cases, citing the unavailability of witnesses. Notably in the last year, Mayaben Kodnani, the former Minister for Women and Child Welfare, was sentenced to 28 years in jail for her involvement in the Gujarat violence,” it said. Observing that there has been no large-scale communal violence against religious minorities in India since 2008, and in recent years the Indian government has created special investigative and judicial structures in an effort to address previous such attacks, USCIRS, however said that in the past year, progress in achieving justice through these structures for the victims of past incidents continued to be slow and ineffective. In addition, members of religious minority communities, including Muslims, Christians, Sikhs, and Jehovah’s Witnesses, reported an increase during the period of intimidation, harassment, and violence, particularly in states withanti-conversion laws. Based on these concerns, USCIRF places India on Tier 2 in 2013. India had been on USCIRF’s watch list since 2009.

http://www.indianexpress.com/story-print/1110091/

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‘Top cop Pandey, now on run, plotted Ishrat encounter with IB man’ (May 5, 2013, Indian Express)

The arrest of P P Pandey, the additional DGP in charge of CID (crime) who is now wanted by the CBI for his role in the 2004 Ishrat Jahan case, could be a tipping point for the Gujarat Police, whose many senior officers are already cooling heels in jails for their role various encounter killings in the state and in the investigations into the 2002 riots. A 1980-batch IPS officer, Pandey was the joint commissioner of police in Ahmedabad when Ishrat and three others were killed in a police encounter on the city’s outskirts in June 2004.

Incidentally, D G Vanzara, the once-feared encounter specialist now jailed in connection with the Sohrabuddin Sheikh and Tulsiram Prajapati encounter cases, was DCP (crime) in Ahmedabad police in 2004. He was said to be close to Pandey, who is an accused in the Sadiq Jamal encounter case also. CBI believes Pandey “conspired” with some officials of the Intelligence Bureau who “passed” to him an input that Ishrat and three others were Lashkar-e-Tayabba operatives out on a mission to kill Chief Minister Narendra Modi.

“The Ishrat encounter was planned by top officers of the Ahmedabad crime branch following an intelligence input from IB, which was received by the then Ahmedabad police commissioner K R Kaushik, who shared it with Pandey. Pandey, in turn, shared the input with his trusted aide D G Vanzara,” a CBI officer said. The input is said to have been passed by Rajinder Kumar, an IB official then posted in Gujarat. The CBI official said Vanzara had formed two teams under G L Singhal and N K Amin (both police officers now in CBI custody) to carry out the encounter killing of Ishrat and three others and Pandey had supervised the “logistics” and “communication” with Singhal’s help.

According to CBI’s chargesheet in the 2003 Sadiq Jamal killing case, Pandey had hired the private vehicle used in the encounter. Encounter killings apart, Pandey’s role in the probe into some of the most infamous massacres during the 2002 communal riots is also under the scanner. The police officer had supervised the probe into the Naroda Patiya, Naroda Gam and Gulberg Society massacres, which were then with the crime branch.

Deputy Inspector General of Police Rahul Sharma has told a special court that he had collected call records of some top politicians, bureaucrats and police officers as part of investigations into these cases from telecom companies, while assisting the crime branch. The original CDs containing the call records, Sharma stated, were handed over to Pandey, from where they allegedly went missing. After moving out of the crime branch, Pandey also served as chief of CID (intelligence) from 2009 to 11.

http://www.indianexpress.com/story-print/1111703/

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Jailed encounter cop caught on camera ‘visiting home’ (Apr 30, 2013, Indian Express)

Rajkumar Pandian, an IPS officer suspended in the Sohrabuddin fake encounter case, was reportedly filmed by a local TV channel visiting his home in Ahmedabad without the team of Mumbai police escorts who had brought him to the city to be produced in a local court. Director General of Police Amitabh Pathak said a high-level inquiry has been ordered into the incident. Pandian was purportedly caught on camera walking out of his residence, Sharnam Appartments -10 at Prahladnagar, where he allegedly spent the night, in a casual attire and getting into a private car (GJ 1 KG 3870).

According to the local news channel, Pandian was tailed by its reporters after he arrived at the Ahmedabad railway station on Sunday night from Mumbai with the police party led by Mumbai police Inspector Suresh Kamble in Karnavati Express. According to the channel, Pandian was first taken in a private car to the circuit house, where he took about a minute to sign the register of entry before leaving the place driving a white car. The Mumbai police party, meanwhile, remained at the circuit house.

Room number 40, which was booked for Pandian, remained locked all night while the police officer allegedly stayed at his residence. On Monday morning, the car in which Pandian got into allegedly attempted to run over the lensman who was there to film him stepping out of his house. After fleeing the scene, the driver of the car was seen at the circuit house, clarifying to the media that Pandian was already in court.

According to the channel’s grab, Pandian appeared between 11 to 11.30 am at the circuit house, much later than the driver’s arrival in a black car. He was dressed in white shirt and blue denims and jumped inside the police van. The police escort party waiting for him at the circuit house then took him to the court for the hearing. “We still have to figure out whether it was the responsibility of Mumbai police or Gujarat Police. But we have ordered an inquiry into the matter and additional DGP (Law and Order) Shivanand Jha has been asked to probe,” Pathak said.

Principal Secretary (Home) S K Nanda said, “The matter pertains to the Mumbai police. They never informed us about when they were coming and going. Jail authorities here were also not informed. The accused is in the custody of the Mumbai police and so the Gujarat Police or the state government has no take on it”. Inspector Kamble refused to talk. Pandian had filed an application in the special CBI court that he was booked in the Tulsiram Prajapati encounter case by CBI without taking the mandatory permission from the state government.

http://www.indianexpress.com/story-print/1109422/

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Was Kauserbi killed in old ATS office? (May 6, 2013, Times of India)

The old office of Anti-Terrorist Squad (ATS) in Shahibaug could well be the scene of Kauserbi’s murder. Till date, the murder of Kauserbi – Sohrabuddin Sheikh’s wife – has largely remained unexplained in legal documents submitted in courts by the CID (Crime) and also the CBI. Neither agency has made any mention of how Kauserbi was killed. Earlier, in its petition before the Supreme Court, the Gujarat government had admitted in an affidavit that days after Sohrabuddin was gunned down in Narol in November, 2005, Kauserbi was also killed by Gujarat cops.

After analyzing the call details of mobile phones used by the accused policemen, CBI officials now suspect that Kauserbi may have been held and killed at the ATS office in Shahibaug. ATS recently shifted into a swanky new office on SG Road. “Using cellphone tower records we have established that several police officers who were part of Kauserbi’s murder conspiracy were at ATS office in Shahibaug on November 29, when Kauserbi was killed and her body taken to Ilol,” said a CBI official.

Kauserbi was last seen with Sohrabuddin in Hyderabad, when they were abducted by a joint team of Gujarat ATS and Hyderabad police. They were brought to Ahmedabad by road and kept in illegal detention at two farmhouses – Disha and Arham – in the outskirts of city. Their custody was then with police sub-inspector who is now an accused in this case. “The PSI’s call detail records (CDR) mark his location at ATS office on November 29,” said CBI officials. Presence of another accused, a police officer of the rank of deputy superintendent of police, has also been traced to ATS office in Shahibaug on November 29, 2005, and in Ilol at Sabarkantha district where Kauserbi’s body was cremated.

A police inspector, who is now a CBI witness, has said in his that the DSP was one of the senior officers present at Ilol when the cremation took place secretly on the banks of a seasonal river. The witness had been arrested by CID (Crime) in this case because he had got the wood for the cremation from Ahmedabad. Later, CBI chose to treat him as a witness, as it was proven that he was acting under directives from his superior officer – deputy inspector general of police D G Vanzara. …

http://timesofindia.indiatimes.com/articleshow/19904264.cms

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NIA nabs 2 Ajmer Sharif blast suspects in Vadodara (May 5, 2013, Indian Express)

The National Investigation Agency (NIA) arrested two of the accused in the 2007 Ajmer Sharif blast case from Vadodara late Friday night. Jayanti Gohil and Ramesh Gohil were picked up nearly two months after their relative Mafat Gohil, also an accused in the same case, was arrested from the city by an NIA team.

Jayanti and his son Ramesh, who were also accused in the 2002 Best Bakery case but were later acquitted by a Vadodara court, had gone missing in 2004 when the case was reopened by a Mumbai court following a Supreme Court order for its trial outside Gujarat. They were later declared as absconding. The NIA team nabbed the father-son duo from Kashipura village in Vadodara’s Waghodia taluka in a joint operation with the Vadodara Detection of Crime Branch (DCB).

Earlier, in 2010, the Rajasthan ATS had arrested Harshad Gohil, also their relative, in Jaipur for his alleged role in the Ajmer Sharif blast. Harshad had allegedly confessed to killing Sunil Joshi, considered to be the mastermind behind the blasts in Ajmer Sharif and Hyderabad’s Mecca Masjid. Joshi was shot on December 29, 2007, at Dewas in Rajasthan.

On March 8 this year, an NIA team nabbed Mafat Gohil from his house near Hanuman Tekri in Vadodara while he was visiting his family members around 11 pm, his family had said. The four have been accused of transporting and planting a bomb at Ajmer Sharif, which had killed three people on October 11, 2007, under the guidance of Joshi, with whom they allegedly stayed before the blast. They are likely to be interrogated about the conspiracy behind the Ajmer blast and for their role in Joshi’s murder.

http://www.indianexpress.com/story-print/1111699/

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Three ‘Bangaldeshi’ youth jailed are Indian citizens, minority commission says (May 3, 2013, Times of India)

Three teenaged youth, arrested for being Bangladeshi nationals, are actually Indian nationals, says the department of Health and Family Welfare, government of West Bengal. The three youths, aged between 17 and 19, were arrested by the Govandi police after the special branch conducted a joint operation with the later. The department of Health and Family Welfare in a letter to Munaf Hakeem, chairman state minorities commission, stated that the three youngsters were Indian nationals but the police labeled them and arrested as illegal Bangladeshi immigrants.

The youth were Bilal Shaikh (19), Saeedul Shaikh (19) and Rehmand Sopiwal Shaikh (16), all residents of village Rampur, Kulghaat, Midnapur district in WB. “The three youth belong to a village in WB and can’t speak Hindi. They can communicate only in Bengali. The Mumbai police fixed them in a fabricated case of being Bangladeshis without any inquiry,” H S Janubasar, an officer of the WB department stated in the letter. He stated that the three boys were tourist.

“I have written letters to state Home minister R R Patil and city police commissioner Satya Pal Singh about this matter, requesting them to look into it and do justice,” said Hakeem. When contacted a police officer from Govandi police station, he said, “We have even asked the special branch team to first check the nationality of the boys and give them some time to prove their version of being Indian. However, they did not pay any heed on our request,” the officer said. No show cause notices to the boys were issued too.

When contacted, Sanjay Shintre, DCP special branch said, “In the last one year we have arrested more than 1,600 illegal Bangladeshi immigrants in and around Mumbai. If these teenaged boys are Indian nationals, ask them to hire lawyers. They could be discharged if they prove their nationality.”

It is worth noting that the police had last year arrested 22 labourers working at a construction site in Nallasopara terming them Bangladeshis. They were arrested and later released after two members of Parliament took up their case. Interestingly, Nizamuddin Mehmood Shaikh alias Chenia, a prisoner in Arthur Road jail, wrote a letter to Hakeem stating that he is also an Indian national from Uttar Pradesh but the police arrested him as a foreigner and he is in jail since November 14 last year.

http://articles.timesofindia.indiatimes.com/2013-05-03/mumbai/39008382_1_bangladeshi-nationals-mumbai-police-police-officer

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Set up SIT to probe 1984 anti-Sikh riots: Victim writes to PM (May 4, 2013, IBN)

An anti-Sikh riots victim, who is on an indefinite fast against the acquittal of Congress leader Sajjan Kumar, on Saturday shot off a letter to Prime Minister Manmohan Singh urging him to set up a Special Investigation Team (SIT) to probe the 1984 riots.

Nirpreet Kaur, who lost her father in the riots after the assassination of Indira Gandhi, began her fast on Friday protesting Kumar’s acquittal in a riot case and demanding setting up of an SIT to probe the incident. “It was not a Hindu-Sikh riot but a political carnage. In order to save political people, evidences were buried, witnesses were not heard.

We demand that an SIT be set up in this matter so that truth can come forward and the culprits can be brought to justice,” she said in the letter. Kaur has also demanded that CBI should file an appeal in the High Court against Sajjan Kumar in the case in which he has been acquitted by a trial court recently.

http://ibnlive.in.com/news/set-up-sit-to-probe-1984-antisikh-riots-victim-writes-to-pm/389616-37-64.html

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Road rage in Amreli turns communal, one killed (May 4, 2013, DNA India)

A minor accident escalated into a communal clash in Amreli on Friday, leading to the death of a young man and serious injuries to another person. According to police, the incident occurred in the morning when Haresh Sukhadiya’s car accidently hit a pedestrian belonging to the Muslim community near Rupam Cinema. A mob got into a scuffle with Sukhadiya, who somehow managed to leave the area.

After some time, the car owner returned with people of his community, all carrying sharp weapons. The two groups fought for a while. A bullet fired by Sukhadiya’s associate Hasmukh Dudhat from his private revolver hit Habib Qureshi, 32, who was standing at a nearby shop. “Qureshi died as the bullet wound was deep in his chest while Sukhadiya also suffered serious injuries as he was stabbed by some unidentified people,” the police said.

Timely action by the police brought the situation under control. “Heavy deployment has been made in the city, especially the affected area. We have engaged community leaders from both sides to maintain peace and calm,” said Shobha Bhutda, district superintendent of police. The violence brought Amreli to a standstill as shopkeepers downed shutters and most other commercial establishments also remained closed.

“We have also started night patrolling and called for two companies from State Reserve Police Force. Situation is calm but tense. Shops in some areas reopened in the evening,” Bhutda added. Meanwhile, the police have charged five persons for murder and rioting. “We have registered cases against Hasmukh Dudhat, Arvind Borda, Ashok Jogani, Gunvant Savaliya and Haresh Sukhadiya,” the DSP said. Incidentally, Borda is former president of BJP’s Amreli city unit.

http://www.dnaindia.com/print710.php?cid=1830586

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CBI’s independent position must be restored: SC on coalgate (Apr 30, 2013, Times of India)

In a big embarrassment to the government in the coalgate case, the Supreme Court on Tuesday termed as “very disturbing” the CBI affidavit on sharing its report with the law minister and others and slammed the agency for having kept the court in the dark on the issue. Hearing the coal blocks allocation scam case in a packed courtroom, the bench said “suppression” of the fact that CBI has shared its probe report with the government is “not ordinary”. A bench headed by Justice R M Lodha observed that there was a “very disturbing feature” in the affidavit filed on April 26 by CBI director Ranjit Sinha and the agency must be restored to its independent position.

Sinha, in his two-page affidavit filed in the apex court, had said that the agency’s status report on coal allocation scam was “shared” with law minister Ashwani Kumar and senior officials of PMO and coal ministry “as desired by them”. The apex court said that sharing of information with the government about the probe into the scam has “shaken the entire process” and CBI need not take instructions from “political masters” on their probe. “Our first exercise will be to liberate CBI from political interference,” the bench said. The SC asked the CBI what authority did the law minister and joint secretaries in the PMO and coal ministry had to summon status report of an ongoing probe looked into by the court.

The SC wanted to know from the CBI director by Monday who others had seen the report apart from the minister and two joint secretaries in the PMO and coal ministry. The apex court asked the CBI to file a fresh affidavit. The SC has put the next hearing in the case on May 8. The SC also sought details of the officers of the CBI engaged in investigating coal scam and did not approve of the supervising officer Ravi Kant being allowed to be transferred to the Intelligence Bureau. The apex court also issued a warning to the coal ministry after the CBI said that it was not getting relevant materials regarding the coal block allocation from the ministry. In his affidavit, the CBI director had said, “I submit that the draft of the same (status report) was shared with law minister as desired by him prior to its submission before the Supreme Court. Besides the political executive, it was also shared with one joint secretary level officer each of Prime Minister’s Office and ministry of coal as desired by them.”

The CBI director had also assured the apex court that the agency will not share further status reports in this case with any member of the political executive. Sinha’s affidavit had contradicted the claim made by additional solicitor general Haren Raval on behalf of CBI on March 12 that the probe report in the scam has not been shared with any member of the government and it has only been shared with the apex court after being vetted by the CBI director. The affidavit was filed in compliance with the Supreme Court’s order which, in an unprecedented move on March 12, had directed the CBI director to assure the court that the status report in the coalgate scam is not being shared with the government. Today’s hearing came a day after Raval shot off a letter to attorney general G E Vahanvati in which he alleged that he has been made a “scapegoat” in the matter. Raval is also believed to have accused Vahanvati of trying to interfere in CBI’s probe report.

Earlier, the CBI and the Centre had clashed over the coalgate scam. The agency had told the court that there have been “arbitrary allotments without scrutiny” in the coal blocks allocation during the UPA-I tenure. The government had refuted its findings saying that the “CBI is not the final word on this.” In the status report filed by CBI on March 8, the agency had said that the coal block allocation during 2006-09 was done without verifying the credentials of companies which allegedly misrepresented facts about themselves and no rationale was given by the coal ministry in giving coal blocks to them. Meanwhile, Congress core group is meeting to chalk out a plan to deal with the crisis. The CBI officials are also engaged in an emergency meeting to discuss the SC observations.

http://timesofindia.indiatimes.com/articleshow/19797078.cms

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Dalit student attacked; OU students burned down portraits of Hindutva ideologues (Apr 30, 2013, Twocircles.net)

Osmania University has witnessed a rare Dalit assertion and retaliation against right wing Hindutva elements, when a fellow student was brutally beaten up by Akhil Bhartiya Vidyarthi Parishad (ABVP) BJP’s and RSS’s student wing. The reaction of Dalit students which followed after the attack on their fellow member has shaken the base of ABVP in OU which for past decade has become their den. Dalits across India have been a soft target of right wing Hindutva forces in order to dissolve Dalit independent identity.

Trouble began in the university campus when a Dalit student Perka Shyam, a Ph.D. Chemistry research scholar was attacked by the ABVP activists in the late Friday night. Since morning tension was building up between TRSV (student union of TRS) and ABVP when former members were interrogated by later after a mobile phone was stolen. As P. Shyam was a Dalit member of TRSV, he became a soft target by ABVP when he was alone at a tea stall in the campus, where 20 ABVP activists beaten him with lathis, thus inflicted harsh injuries on whole body.

On Saturday students lodged a complaint at OU police station against the act of ABVP, as the news spread agitated Dalit students gathered at Krishnaveni B- hostel and took out a rally with lathis amidst of anti-Hindutva and ABVP slogans. Dalit students before leaving the B-hostel took out the portraits of RSS founder Hedgewar, Hindu Mahasabha leader Veer Savarkar and Bal Gangadhar tilak which was installed in the corridor since the hostel was first inaugurated in 1970′s. Students also tear down saffron flag which was raised on the balcony of the hostel building. Student paraded the photos upside down in the campus beating it by foots and slippers.

http://twocircles.net/2013apr30/dalit_student_attacked_ou_students_burned_down_portraits_hindutva_ideologues.html

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Opinions and Editorials

Gujarat: Conspiracy Most Sinister – By Teesta Setalvad (May 5, 2013,Peoples Democracy)

THE chief minister of Gujarat since 2002 and the home minister of the state too till today, the role played by Mr Narendra Modi since day one, i.e. February 27, 2002, has been unravelled – especially in the calculated misuse of his position to stoke the flames of retribution and revenge and also use hate speech himself. As the state’s home minister, he also conveniently ignored the build up of communal mobilisation and violence before 2002. In the first instance, the news of the Godhra incident was manipulated to ignore the provocative behaviour of the karsevaks that had led to a mob assembling near the Godhra station. At about 1 p m when the state assembly met to discuss the budget, Gordhan Zadaphiya, minister of state for home affairs, read out the statement prepared by home department. Suresh Mehta, the minister of industries, was also present in Vidhan Sabha, sitting next to Modi, when Zadaphiya was reading the note. “I was sitting by the side of Mr Narendra Modi, CM who remarked that ‘Hindus should wake up now’ ” (Statement made by Suresh Mehta on August 15, 2009 to the SIT at Annexure I, Volume I, pp 83-84). The chief minister then went to Godhra by a helicopter on the same afternoon. Gordhan Zadaphiya too left for Godhra by road.

Between the time the meeting with home department officials was called (10.30 a m) and the assembly met, Modi spoke to Ashok Bhatt, another accused and then the minister for health, several times and left for Godhra to reach soon after 12 noon. These calls indicate clearly that part of the sinister conspiracy to milk macabre political mileage from the Godhra tragedy included clear-cut instructions from Modi to Bhatt to hastily conduct the post mortems of the bodies of the dead persons (not all were karsevaks – the Concerned Citizens Tribunal (CCT, Crimes Against Humanity, Gujarat 2002) had clearly recorded that even a station master’s wife simply travelling locally had been killed – out in the open in the railway yard, in the presence of an illegally assembled mob of VHP workers – since curfew had been declared at 10 a m. Such a decision to conduct post mortems of the burnt and disfigured bodies out in the open is completely against the law. Post mortems take place after bodies have been identified, in the presence of relatives. If bodies are unidentified there are procedures and rules for public notices to be issued, and bodies are kept in the morgue, etc. There are laws against allowing photographs of these bodies being taken or propagated. What was the reason for this hasty post mortem if not to stoke hatred and revenge? The Special Investigation Team (SIT) under a former director of the CBI, R K Raghavan, found nothing to say in its closure report about this illegality, ignoring the aspects of conspiracy completely.

After visiting the railway yard where the bodies had been laid out in full public view in violation of the curfew orders, Modi held an official, mini-cabinet meeting at the Collectorate where, irony of ironies, Jaideep Patel, a VHP rabble-rouser, was allowed to be present. It is here that the controversial, criminal and illegal decision to transport the bodies to Ahmedabad in the charge of Jaideep Patel, also an accused, was taken. The hate speech was a powerful tool used to fan the flames. “An unforgivable, inhuman heinous act has been committed on the soil of Gujarat. This act is an act which no civilised society can forgive. I wish to assure all citizens of Gujarat that Gujarat will not be able to stomach/tolerate/live with such an act. Not only will the guilty get exemplary punishment but such examples will be set that none will ever venture to commit such acts in future” (from the official Gujarat government press release available to Mrs Jafri at Annexure IV File VII of the SIT Records). The tenor and tone reflect the unashamedly partisan nature of Narendra Modi’s mindset at a critical juncture when statewide violence has already broken out – from the afternoon of February 27, 2002. The SIT has failed to examine or evaluate the tenor of this press release, nor the others attached in the record provided by the Gujarat government, though they have been made available and further demonstrate the discriminatory mindset of Narendra Modi. However, the amicus curiae in the case, Raju Ramachandran, found clearly and unequivocally that there was material to prosecute Modi under sections 166 and 153A and B of the Indian Penal Code (IPC) (amicus report to the Supreme Court dated July 25, 2011).

Modi’s speech on February 27-28, 2002 on Doordarshan’s Gujarati channel concerning the Godhra incident is no less problematic: (Modi steps out from the coach and sitting in the conference room): Sarkar taraf thi… samuhik hinsa ka trasvadi krutya hua. Itni bhayanakta itni krurata jiske liye shabd nahi hai. Sarkar ne mrutakon ke parivar ko 2,00,000 rupaye dene ka nirnay kiya hai. Sarkar koi bhi kadam uthane se hichkegi nahin aur gunehgaro ko puri saza milegi (Translation: The government… a collective terrorist act was perpetrated. There are no words for such cruelty, such barbarism. The government has decided on a compensation of Rs two lakh for each of those who have lost their lives. The government will not hesitate to take any necessary step and the culprits will be severely punished.) Alas, the same sense of exemplary punishment for the criminals responsible for the post-Godhra massacres has never been a priority for Modi. Sections of the speech made by Modi at the onset of his election rallies, the infamous Gaurav Yatra, in September 2002 are also worth recalling. He delivered the speech at Becharaji, Mehsana on September 9, 2002. The National Commission for Minorities summoned a copy; field officers of the State Intelligence Bureau of Gujarat Police and ASGP R B Sreekumar found it harmful to public peace and violative of Indian criminal law. What was the result? R B Sreekumar was promptly transferred. Modi said: “We have resolved to destroy and stamp out all forces of evil, who are a threat to the self-respect of Gujarat.” This was clearly an indirect justification of a policy of carnage against the minorities after the tragic Godhra incident. Referring to relief camps for the riot affected Muslims, Modi said: “What brother, should we run relief camps? Should I start children producing centres there, i.e., relief camps? We want to achieve progress by pursuing the policy of family planning with determination. We are 5 and ours are 25 (Ame panch, Amara panch)!!! Here he was making the claim that every Muslim family produces five children.)

These remarks from the highest elected representative in a state are nothing short of an attempt to ridicule the plight of refugees from the minority community who were dis-housed because of widespread violence that was not contained. Refugees in these relief camps included the victims of mass massacre, rape and arson. State complicity at the highest level has been judicially held responsible for the sustained spread of the violence. Therefore, ridiculing the camps and thereafter lacing the statement with the poisoned stereotype of the alleged Muslim aversion to family planning during an election campaign clearly has a motive. This statement also projects the Muslim minority as a stumbling block to progress and patronises an ‘us versus them’ mindset among the populace that then becomes easy fodder for incitement and the outbreak of communal violence. On the whole, the speech displays a definite communal bias, denigration of the minority community, ridiculing and belittling of the holiest scriptures of the minority community particularly the five pillars of Islam, the holy month of Ramzan and observance of Roza. Such references are likely to germinate a sense of hatred, ill-will and exclusivism about the Muslim minority in the minds of the majority community. The claim that nothing happened in the form of riots after the speech is irrelevant, dangerous and untenable, because the sense of exclusivism and sectarianism, obvious in the tone and tenor of the speech, not only goes against the concept of emotional integration of the Indian people but also engenders an intense feeling of alienation among the Muslims towards the Hindu community. The potent poison of hate speech was and is a useful tool for the chief accused in this case.

http://pd.cpim.org/2013/0505_pd/05052013_14.html

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The Karnataka prophecies – By Seema Chishti (Apr 29, 2013, Indian Express)

Karnataka goes to polls on May 5, with results expected on May 8. Each day brings with it new possibilities of alignment and realignment, and other tantalising signals for 2014. The run-up to 2014 has almost become an absorbing spectator sport, with parties in overdrive on “prime ministerial” candidate selection. An election for a big state could bring an element of reality into such fantasy politics. Assembly elections don’t really matter, say the losers of all state elections. Reflect back on the BJP’s successes in three assembly polls in November 2003, which had prompted the NDA to bring forward the general elections. We can all clearly recall what happened in the general elections that ended in May 2004. So, could Karnataka 2013 offer clues for 2014? Karnataka, with 224 assembly seats and 28 Parliament seats, has often been the opposite of a bellwether state. But this time, with the two main national parties and a serious third party in the fray, it mirrors the national faultlines. It is also a litmus test for the general elections, because “corruption” has been a prominent issue in the state, leading to the departure of its former chief minister, B.S. Yeddyurappa. Its durability as an election issue could be tested here.

In the heyday of Indira Gandhi, Karnataka saw a dynamic chief minister, Devraj Urs, who came to power in 1972. Not belonging to the dominant Vokkaliga or Lingayat community, his politics were broader than just winning either of the two influential castes. Under him, politics became a matter of bringing together caste alliances and other interests. His land reforms and grooming of a wide section of the present Karnataka leadership ensured that the state voted for the Congress even after 1977, when most parts of India rejected Indira Gandhi. It was Urs who offered Indira Gandhi Chikmagalur in 1978, as a comeback constituency. It proved to be the run-up to Delhi. In later years, when the NDA ruled Delhi, Karnataka was happy with S.M. Krishna. Yet, after the UPA came to the Centre, the Janata Dal (Secular) and then the BJP have found favour with Karnataka voters. Unlike the four other big assembly elections to follow this year – all expected to be straightforward bipolar contests – Karnataka’s two-party equation is disrupted by a powerful third element, the JD(S). Known to have impacted results in the past, the JD(S) is no pushover and it is unclear whether it will enter into an understanding with a larger party.

The state BJP was badly hit by Yeddyurappa’s departure and his setting up of a parallel party, the Karnataka Janata Paksha (KJP). Yeddyurapa appears to have one goal – to demonstrate his utility to the BJP. Thus, he has a deep interest in his former party’s misfortune. The BJP’s spectacular campaign had been spearheaded by Yeddyurappa over the years. His loss will weaken any pitch the party makes to return to power. Both the JD(S) and the KJP, if not making the contest four-cornered, will test both big parties for their ability to make alliances, offer concessions to smaller but crucial players, or plough ahead on their own. This would be useful practice for 2014. The corruption issue affected Yeddyurappa’s government, his own political fortunes and his friends in the mining industry. The Lokayukta report triggered off the crisis in part, offering a disturbing picture of crony capitalism and reflecting the political influence of the mining mafia in several parts of the state. In this case, the BJP was in the line of fire. But the same issues have dramatically changed the landscape for the UPA at the national level. So how the electorate responds to “corruption” in the state may shed light on how it will respond in the general elections. Also, how the Congress is able to mine this as an issue, to use an unfortunate pun, in a virtually four-cornered contest, could be a precursor of things to come in 2014.

This election may also offer a template for neighbouring Andhra Pradesh. Here, in two general elections, the Congress under YSR Reddy seemed invincible. But after his premature death, the party’s own successes went against its future prospects. Its inability to “manage” YSR’s son, Jaganmohan Reddy, meant that it alienated itself from the memory of the person who had brought it to power. Yeddyurappa was no YSR, but his centrality to the BJP’s fortunes and his subsequent rift with the party seem to parallel the Andhra story. The bearer of YSR’s legacy, his son Jaganmohan, the head of the YSR Congress, is presently cooling his heels in jail on corruption charges. So, in Yeddyurappa’s fortunes minus the party, there could be a tale for how the “YSR factor” can be expected to fare. The campaign for Karnataka is interesting to observe. It could be the first test case of Narendra Modi’s appeal outside his state. The choice of the BJP’s new national executive has led to some conclusions about the kind of politics the BJP wants to go back to. Several elements in Karnataka help communal positioning of all kinds. A large and influential minority is one of them. The BJP cannot bank on Lingayat consolidation alone, with Yeddyurappa gone. The party may be seen trying out the Amit Shah or Varun Gandhi style of campaigning, to test its efficacy outside the Hindi belt. Its campaign could indicate how it wants to be seen nationally, as an alternative to the UPA.

Tamil Nadu and Kerala are admired for showing the radical way out of social oppression and dealing with the caste question. But Karnataka has been known for its ability to gradually ensure change and better the prospects of all sections – Dalits, backward castes and Muslims. As early as 1881, the then Maharaja of Mysore, Chamaraja Wodeyar, had inaugurated the Mysore Representative Assembly. It had, no doubt, a limited idea of membership, but it provided a forum for discussion and debate, the first in princely India. Political scientist James Manor points out that jatis may be seen not as a hierarchy, but as different groups that can be brought together in a variety of combinations, an idea that Karnataka might have been one of the first to play with. Now, in the 21st century, how the state’s electorate chooses its government may have an impact beyond its borders.

http://www.indianexpress.com/story-print/1108899/

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The 1984 riots call for justice and closure – Editorial (May 2, 2013, Economic Times)

Nearly three decades after the anti-Sikh riots of 1984, there is neither closure nor justice. What we have is the acquittal of some principal accused like Congress leader Sajjan Kumar. The state must appeal against the verdict and speed up the remaining legal process. Organised communal violence means, in a broad perspective, a de facto assault on the foundational principles of the Indian republic. In India, it is almost a truism that, mostly, riots don’t just happen on their own, spontaneously. They are almost always organised. And when there is official complicity – whether from the state machinery or individuals therein, or from the political class, or both – the very nature of the state comes into question. In such cases, communal riots in letter and spirit vitiate and unravel the concept of the nation.

This is particularly true in the case of the 1984 riots. Decades later, some of the main accused are still either being acquitted in some related cases or the courts are asking for more probes after investigating agencies gave them clean chits – as with Jagdish Tytler a few weeks ago. This rigmarole makes a mockery of justice. And 1984 is particularly ghastly as even delayed, partial justice (itself a mutation) seems nowhere on the horizon.

All this makes something like the Prevention of Communal and Targeted Violence Bill, 2011, so important. True, there were disagreements on quite a few aspects of this National Advisory Council-drafted Bill – on phraseology within NAC itself, on intent and import from the BJP, on the Bill hurting principles of federalism from some states. But that is no reason why the political class can’t discuss and agree on a Bill that seeks to end the culture of impunity on communal violence. The impunity so tellingly displayed in cases relating to 1984.

http://economictimes.indiatimes.com/articleshow/19825875.cms

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Aberration as the Norm – Editorial (Apr 27, 2013, Economic &Political Weekly)

To say that India’s 1,135 prisons are overcrowded would be an understatement. But for the government to acknowledge year after year that over 60% of the inmates in these prisons are actually undertrials, people who have not yet been convicted, is a scandal. In New Delhi’s Tihar Jail alone, according to the latest data, 73.5% of the prisoners are undertrials. This situation prevails despite the introduction of Section 463A in the Criminal Procedure Code that entitles any undertrial who has served 50% of the maximum sentence for the crime for which he has been charged, to seek release on a personal bond. In fact, since this amendment, thousands of undertrials have been released across India. Yet the percentage of undertrials remains stubbornly high.

In March the Supreme Court commented on the problem of undertrials languishing in jails. In a matter relating to pending cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, the judges stated, “The laxity with which we throw citizens into prison reflects our lack of appreciation for the tribulation of incarceration; the callousness with which we leave them there reflects our lack of deference for humanity.” Also in March, the union home ministry sent out an advisory to all states and union territories in which it pointed out that “only the poor and indigent” are unable to put up bail and thus continue to be undertrials for long periods. It also acknowledged that “the lack of adequate legal aid and a general lack of awareness about rights of arrestees are principal reasons for the continued detention of individuals accused of bailable offences, where bail is a matter of right and where an order of detention is supposed to be an aberration”.

Yet, the aberration is the norm. According to the latest data from the National Crime Records Bureau (NCRB), of the 3,22,000 prisoners in India (2011 figures), 2,23,000 or 64.7% are undertrials. In states like Andhra Pradesh, Bihar and Meghalaya, the percentage of undertrials exceeds 80%. In Jammu and Kashmir, Manipur and Delhi it is over 70%. Apart from overcrowding and the terrible conditions prevailing in most jails because of this, the men and women incarcerated for long periods are being denied their fundamental rights. Given that a large number of them are poor, indigent, illiterate or semi-literate, they remain unaware of their rights. They do not know, for instance, that they are entitled to free legal aid. They do not know that they can be released on personal bond. What little knowledge they have comes from other jail inmates instead of the jail authorities who should be informing them about all the options available to them.

The problems of the people wrongfully detained are compounded when jail authorities refuse to release information. Recently, the former central information commissioner, Shailesh Gandhi, had to appeal to the Maharashtra’s information commissioner to ensure that the 43 prisons in the state put information in the public domain about the number of undertrials in their prisons who have already served half the maximum sentence for the crime for which they have been charged. The Maharashtra prison authorities have been given up to 12 May 2013 to do this. Gandhi had earlier used the right to information (RTI) to obtain this information and moved the Bombay High Court. As a result, a handful of detainees were released. But his latest effort is significant because it attempts to institutionalise transparency so that the families of these undertrials can seek their release.

The fact of a high percentage of undertrials is only one aspect of a long list of problems that afflict the country’s justice system. Given the inordinate delays leading to literally millions of pending cases in courts, the number of undertrials is bound to remain high. Yet, even if the other problems cannot be resolved overnight, this is one concrete issue that can be addressed without delay. What justification was there, for instance, for Tamil Nadu to continue to incarcerate 272 undertrials even after they were granted bail? There are scores of such stories that illustrate the travesty of justice taking place each day in some part of India. If for no other reason than to reduce the load on prisons, it is imperative that state governments and union territories begin the process of identifying the undertrials entitled for release and start working towards their release. Also, following Maharashtra’s example, information about such prisoners should be available on prison websites of all states and union territories. The release of such undertrials might appear to be a small step in the face of the virtually insurmountable problems facing the Indian judicial system, but it will go some way in imbuing a sense of confidence in ordinary people that some things can change in this country.

http://www.epw.in/editorials/aberration-norm.html

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Over 2,000 fewer farmers every day – By P. Sainath (May 2, 2013, The Hindu)

There are nearly 15 million farmers (‘Main’ cultivators) fewer than there were in 1991. Over 7.7 million less since 2001, as the latest Census data show. On average, that’s about 2,035 farmers losing ‘Main Cultivator’ status every single day for the last 20 years. And in a time of jobless growth, they’ve had few places to go beyond the lowest, menial ends of the service sector. A December 2012 report of the Institute of Applied Manpower Research (IAMR) – a part of the Planning Commission – puts it this way: “employment in total and in non-agricultural sectors has not been growing. This jobless growth in recent years has been accompanied by growth in casualization and informalization.” It speaks of an “an absolute shift in workers from agriculture of 15 million to services and industry.” But many within the sector also likely moved from farmer to agricultural labourer status. Swelling the agrarian underclass.

So how many farmers do we have? Census 2011 tells us we now have 95.8 million cultivators for whom farming is their main occupation. That’s less than 8 per cent of the population. (Down from 103 million in 2001 and 110 million in 1991). Include all marginal cultivators (22.8 million) and that is still less than 10 per cent of the population. Even if you count together all cultivators and agricultural labourers, the number would be around 263 million or 22 per cent of the population. (Interestingly, this reduced figure comes after a few big states have actually reported a rise in the total number of cultivators. Since 85 per cent of all marginal workers reported more than a 100 days work, this could possibly reflect the reverse pull of MNREGA, among other factors). Between 1981 and 1991, the number of cultivators (main workers), actually went up from 92 million to 110 million. So the huge decline comes post-1991. Hold on: aren’t 53 per cent of the population farmers? No. That’s a common fallacy. The over 600 million Indians dependent on agriculture are not all farmers. They are deployed in an array of related activities – including fisheries. This confusion is widespread and innocent.

Yet, there are also a few whose colossal ignorance leads them to dismiss the country’s massive farmers’ suicides as trivial. For instance: “at least half of the Indian workforce is engaged in farming. This fact points to a much lower suicide rate per 100,000 individuals for farmers than in the general population.” Note how easily those ‘engaged in farming’ become ‘farmers!’ As a notion it borders on the whacko. It goes: After all, 53 out of every 100 Indians are farmers. So our 270,940 farm suicides since 1995 are a low number on a population base of over 600 million. So low that we should be agitated over how the suicide rate in the general population can be brought “down to the levels prevailing amongst farmers.” Never mind for now the appalling moral position that a quarter of a million human beings taking their lives is hardly alarming. The Bhopal gas tragedy, the worst industrial disaster in human terms, claimed over 20,000 lives. But in this perverse logic, since that was less than 0.003 per cent of the then population, it is rendered meaningless. That position says more about its authors than about the suicides. It shows they are clueless about who a farmer is – and about what the data show.

It shows even greater ignorance of who defines and counts a ‘farmer suicide.’ The Census records cultivators. The police count suicides. The police do not read the Census. Not for definitions, anyway. The Census groups the population into workers and non-workers. The latter would be infants, children, students, housewives, unemployed, aged and retired people. Farmers, or cultivators come under ‘Workers’ – a huge category covering many varied groups. Now rural workers account for close to 70 per cent of all workers. And rural workers consist of farmers, agricultural labourers and non-farm workers. Cultivators (main workers) in the Census are barely eight per cent of the population as a whole. (That’s after a two-decade secular decline in this group). The ongoing farm suicides – 184,169 of them since 2001 according to the National Crime Records Bureau – are taking place on a smaller and shrinking base. Their intensity has hardly diminished. In most of the States accounting for two-thirds of all farm suicides, the intensity has likely risen.

Of course distress affects a much wider population dependent on agriculture. (Farmer bankruptcies crush the village carpenter, and even play a role in weaver suicides). The sufferings of others are as real. It is not as if the agricultural labourer or non-farm worker is having a great time. Both sections have seen distress migrations – and suicides. (For that matter the owner of a small industrial unit in an urban city could be distress-hit). Their suicides are no less tragic. But it is vital to know who officially gets counted as a farmer. And who gets listed in the ‘farmers’ suicides. For that tells us more about the ongoing tragedy and gives us a sense of its awful scale. Everybody who works in the film industry is not an actor. Everyone in the educational system is not a student. And all those in the 53 per cent of the population related to the farming sector are not farmers. Even among those who are, only a limited group gets counted as such when police and governments make farmers’ suicide lists. Cultivators are counted by the Census. Suicides are recorded by police stations across the country. The numbers collated by State governments. Very different approaches are involved. …

http://www.thehindu.com/opinion/columns/sainath/over-2000-fewer-farmers-every-day/article4674190.ece

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Violence & resistance – By T.K. Rajalakshmi (May 17, 2013, Frontline)

ON March 30, towards evening, 22-year-old Vikram and his 10-year-old cousin Sudhir were returning home to Medina village in Rohtak district on a buggy, a pushcart, after a hard day’s work of harvesting potatoes on land taken on lease from a member of a dominant caste. Riding the cart with them were four others, including two young girls, all schoolchildren who had probably hopped on to the pushcart for a joyride.

All the youngsters were Dalits. Before the buggy could take them home safely, some young men, belonging to the dominant Jat community, rode up on motorcycles and fired at them indiscriminately, killing Vikram and Sudhir. One child was shot in the leg, and a boy called Rajesh managed to escape into the nearby fields. The two minor girls, one of whom was mentally challenged, remained frozen in the pushcart, unable to run or react. The shooters sped away after the attack. The police apprehended a few of the conspirators, but the main accused absconded.

Vikram, a second-year student of Sanskrit at an institution run by the Goud community, an organisation of Brahmins, had hoped to become a teacher. He has left behind a young widow, Mamta, and an infant son. Within a fortnight, three more incidents involving atrocities against Dalits were reported from various parts of Haryana. On April 13, in Pabnawa village, Kaithal district, some 83 Dalit homes were vandalised and looted following the marriage of a Dalit youth to a girl from the dominant Ror community of the village.

The couple are now in a state-run protection home; their entry to their village is permanently barred. In Bhiwani district, on April 15, a young Dalit boy was tied to a tree and a vehicle rammed into him only because he had demanded the ceremonial right to ride an elephant for a boy of his community. A few months ago, in the same district, a bridegroom, his father and members of his family were beaten up by members of the dominant caste for riding the ceremonial bridal horse, called Ghurchari. In Jhajjar, Dalits were not allowed to perform Holika Dahan in Jahangirpur village on Holi and were beaten up.

http://www.frontline.in/social-issues/violence-resistance/article4656938.ece

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Book Review

On the Muslim Question

Author: Anne Norton
Reviewed by: A.G. Noorani
Available at: Princeton University Press: 41 William Street, Princeton, New Jersey, USA, Pages: 282, Price: $24.95.http://press.princeton.edu/
Review:
Muslim bogey (May 17, 2013, Frontline) On the 50th anniversary of India’s independence, L.K. Advani, who still aspires to be Prime Minister of the country, wrote an article in his party’s organ, BJP Today. It was not, as you might expect, on national issues. It was on his pet hate—the Muslims of India.

A.B. Vajpayee’s style was different. But he must be the only Prime Minister in a multicultural society to denounce a section of his own people, and that too, shortly after they had been subjected to a pogrom in Gujarat in which at least 2,000 Muslims were killed. Vajpayee attacked Muslims shortly thereafter in two speeches, in Goa and while on a trip abroad. Right now deputations of Muslims wait on Ministers to seek redress against arbitrary arrests of Muslims on charges of terrorist activity, which the courts seldom uphold.

Anne Norton’s book, published on March 25, makes a very timely appearance indeed. The author is Professor of Political Science at the University of Pennsylvania. She writes: “In our time, the figure of the Muslim has become the axis where questions of political philosophy and political theology, politics and ethics meet. Islam is marked as the preeminent danger to politics; to Christians, Jews, and secular humanists; to women, sex, and sexuality; to the values and institutions of the Enlightenment.”

The West’s response to Islam reveals more about the West than it does about Islam. It reflects its own insecurities. Anne Norton calls for “the emancipation of Muslims-not for Muslims, not for Muslim societies, and not for Islam, but to ensure nothing less than the survival of Western civilisation”. The brave band of Indian secularists who fight against the BJP’s and its mentor the RSS’ plans to reduce the Muslims of India to “the other” in our polity are, in truth, battling for the survival of India’s democracy and the values cherished by its founding fathers.

http://www.frontline.in/books/muslim-bogey/article4610721.ece

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IAMC Weekly News Roundup – April 29th, 2013

April 30, 2013

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IAMC Weekly News Roundup – April 8th, 2013

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IAMC Weekly News Roundup – April 1st, 2013

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IAMC Weekly News Roundup – March 18th, 2013

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IAMC Weekly News Roundup – March 11th, 2013

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IAMC Weekly News Roundup – March 4th, 2013

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In this issue of IAMC News Roundup Announcements IAMC welcomes clarification by JUH Secretary Mahmood Madani News Headlines I was a victim of prejudice by security agencies: Muthiur Rahman ‘Illegal arrest’ of Muslim youths on terror charges echeos in Lok Sabha DRDO fires Mirza; army giving salary to charge-sheeted Purohit in jail Wharton cancels Narendra [...]

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