India ::::::::::::::::::::::::::::: L'Inde

By Praful Bidwai, 09 August, 2006, Frontline

A crass and hysterical nationalism is taking hold among a section of the Indian middle class in response to the Mumbai blasts. This nationalism is paranoid. It considers India uniquely vulnerable to terrorism because its state is exceptionally soft, pusillanimous and "cowardly". At the same time, it wants a militant response - armed attacks on Pakistan. Its votaries say it is not enough just to suspend India-Pakistan talks; India must teach Pakistan "a lesson". Some advocates of this view have strong sympathies for Hindutva and harp on the "timidity of Hindus", a phrase the Rashtriya Swayamsewak Sangh (RSS) fondly uses to explain why India has been repeatedly subjugated by "aggressors". But even if the communal element is excised from this view, its essential content remains unaltered. It advocates a particular model unfolding before our eyes - namely, Israel's aggression in Gaza and Lebanon, after the arrest of one-third of the Palestinian Authority's Cabinet. India would be "effete", unlike Israel, if it fails to respond to threats to its security with all-out punitive attacks.

This view was encouraged by the state's confused initial response to the Mumbai blasts. Prime Minister Manmohan Singh's address to the nation did not reflect the gravity of the destruction in Mumbai, which is of the same order as Madrid 2004, the world's worst recent terrorist incident, next only to 9/11. In a recent English-language television programme in which I participated, the anchor asked whether India should follow Israel's example. While the participants argued against this on differing grounds, 94 per cent of the audience agreed with the proposition through email and SMS responses. In keeping with such extreme opinions, the government hardened its stand and cancelled the Foreign Secretary-level meeting, issued belligerent statements, rounded up hundreds of Muslims, and mindlessly banned access to blogs on the Internet.

It is of vital importance that we view the Mumbai blasts in perspective and formulate a rational response that defends the interests and security of the Indian people. To start with, it is not at all clear that the attacks exposed India's "exceptional" vulnerability. A similar attack could well have occurred on suburban trains in Paris, New York, Moscow or London and produced similar damage. True, the Mumbai suburban rail system is even more crowded than the New York subway. But it is nearly impossible to prevent such attacks altogether. Beyond a point, no state can anticipate such events, screen passengers, check all unattended baggage, and so on. The very pace of metropolitan life makes such checks impracticable.

India lags behind in quickness of response, in sounding warnings and providing emergency services. We have failed to create the infrastructure necessary to deal with mishaps such as train coaches falling on tracks, which need to be quickly cleared, and so on. There is a strong case for installing inexpensive closed-circuit television cameras at important transport hubs. But this is not a watertight guarantee that terrorist attacks will never occur. No state, however powerful, especially a democratic one, can provide 100 per cent security or guarantee absence of violence. It can take precautionary measures, be more vigilant, and improve police efficiency and procedures. That is where India fails badly.

Secondly, the response of the Mumbai and railway police was tardy and meagre. Citizens themselves had to rush victims to hospitals and arrange for blood much before the state acted. There was public anger that the state was not doing enough or being responsive. This grievance is legitimate.

However, a rational long-term response to terrorist violence can only be based on systematic investigation to establish the identity of the culprits, their motives, and their internal and external links. Only thus can a responsible government conclude that the terrorists received encouragement or help from abroad - in the present case, Pakistan. But senior officials, including National Security Adviser M.K. Narayanan, rushed to judgment and selectively briefed the media alleging that the Lashkar-e-Taiba, the Students Islamic Movement of India and other organisations allegedly supported by Pakistani clandestine agencies were involved. Most national newspapers duly echoed such views based upon mere guesswork and speculation.

The assessment that Pakistan was behind the Mumbai attacks is open to doubt on two grounds. In the past too, similar allegations were made. Yet, in no major case have the culprits' identity or links with Pakistan been fully established and convictions secured (an exception being the Parliament building attack case, now under appeal). Accusations about their links with "sleeper cells", or agencies operating through Pakistan, Bangladesh and Nepal remain unsupported under Indian laws of evidence.

The second reason pertains to recent developments in Pakistan and in India-Pakistan relations. General Musharraf is under tremendous pressure from the U.S., other Western powers and China to demonstrate that he will take on jehadi groups and comply with the anti-terrorist commitments he made in 2004. It is hard to believe, at this point in the evolution of the India-Pakistan dialogue, that it makes sense for Pakistani agencies to risk wrecking the dialogue process by encouraging or instigating gross violence such as the Mumbai bombings.

It is possible that some "rogue elements" of the Inter-Services Intelligence could have done this. But the central issue is Manmohan Singh's assessment that the sheer scale of the attack points to external involvement. Any number of Indian groups with no live contact with foreign agencies is capable of getting hold of explosives and planting them. Such groups learn by watching others in different parts of the world. Enough hatreds and injustices exist in Indian society, which can explain the kind of ideological pathologies that encourage them to visit violence on innocent civilians. It is a terrible, very sick, pathology. But such groups exist.

India has a huge amount to gain from the peace process with Pakistan. It would be foolhardy to make it a hostage to speculation about Pakistani involvement in terrorist violence. In any cultural, economic or social interaction, India stands to gain more than Pakistan. Apart from launching bus and train services, India has received an assurance from Musharraf that the Kashmir issue would be discussed on condition that there can be no redrawing of boundaries. The more we blame Pakistan, the more obsessively we look for "the foreign hand", the farther we get from the task of looking inwards, to examine what is wrong with our police, intelligence agencies and criminal justice system so that we can address some of the cesspool of grievances in which violence and extremist ideologies flourish.

The "hit-Pakistan-teach-Pakistan-a-lesson" clamour is a complete negation of any reasonable, balanced, mature and sober approach to the Mumbai blasts - just as was the 10-month-long military mobilisation after the Parliament building attack, which achieved nothing. What gives the demand a dangerous edge is the advocacy of Israel-style militaristic approaches. Its proponents admire Israel for unleashing high levels of violence upon its adversaries when threatened. But, to start with, Israel is not a state that respects international law. It has the longest history in the world of violation of Security Council resolutions, such as 242 and 338, as well as the World Court judgment on the apartheid wall. India cannot and should not emulate it. This will encourage terrible lawlessness and violence in our own neighbourhood.

Secondly, what Israel is now doing is illegal, immoral and politically disastrous. The roots of the current conflict go back to Israel's recent liquidation of Abu Jamal Samhanada, newly appointed security-chief of the Interior Ministry of the Palestinian Authority. This was calculated, as many past Israeli actions, to provoke. It brought on retaliatory attacks from pro-Hamas militants with crude home-made Qassam rockets which inflicted minimal damage. In response, Israel launched devastating attacks on civilians, including a picnicking family of eight. The ensuing violence eventually led to the killing of two Israeli soldiers and the capture of one.

Under international law, it is perfectly legitimate for people under occupation to militarily target occupying military personnel, although not to abduct them. But Israel has itself practised abduction and kidnappings and made hostage-prisoner swaps, as in 1968, 1983, 1985 and 2004. In June, it took one-third of the Palestinian Cabinet hostage. It escalated its attack on Hamas with a view to destroying its entire military infrastructure. Israeli troops cut off Gaza's water and power supply and inflicted collective punishment on civilians who were in no way responsible for the earlier attacks or abduction. Cutting off electricity means cutting off refrigeration - and people's food supplies.

Israel has since invaded Lebanon, in response to a Hizbollah raid on its forces. One need not justify Hizbollah's actions to note the sheer disproportion of the violence Israel unleashed on civilians. More than 380 were killed in 10 days. The number of Israeli casualties is not even one-tenth this number. Israel targeted civilian installations in Beirut and devastated its infrastructure. Israel hopes to weaken decisively the Hizbollah militarily and further the objective of establishing a Greater Israel, which annexes large parts of the West Bank.

This objective can only be achieved if Israel destroys all regional challenges and unilaterally draws - for the first time ever - its national boundaries after dividing up Palestinian territory into a series of Bantustans through the apartheid wall. To do this, it must claim that there is no Palestinian agency with which it can negotiate. Israel's withdrawal from Gaza even while continuing with the colonisation of the West Bank must be seen in this perspective. To these ends, Israel has inflicted cruel forms of collective punishment, as well as large-scale violence, upon non-combatant civilians. Collective punishment is impermissible under international law, as are sieges of cities, which starve them of food and water - the state of Beirut today after 15 years of recovery and revival as one of West Asia's liveliest cities. Israel's unconscionable military offensive is an act of international brigandage linked to expansionism. Those who want India to emulate Israel assign the most obnoxious motives and purposes to our state. Obviously, they see nothing wrong with expansionism, aggression, occupation, disproportionate force, hostage-taking and outright assassination of suspects - actions that are punishable under international law.

India is being asked to follow Israel's bellicose, lawless and brigand-like conduct on the presumption that "shock-and-awe" methods, although excessive, disproportionate and immoral, successfully deter future terrorist attacks. However, this presumption has been repeatedly falsified. Israel's coercion has failed to deter adversaries or generate security for Israeli citizens. In fact, the moral force of the first Intifada derived from the determination that Palestinian youth showed when fighting the mighty Israeli military with nothing more than stones.

Israel is one of the world's most militarised societies: more than 576,000 of its 6.5 million people serve in its armed forces. The country probably has the world's highest density of surveillance equipment such as X-ray machines, closed-circuit cameras and explosive detectors. And yet, suicide-bombers infiltrate populated high-security areas and kill. Such is the deep sense of injustice, injury, insult and resentment that Israel's excesses have created among its neighbours; that its own citizens cannot remotely hope to become secure in the absence of a just settlement of the Palestinian question.

It should be demeaning for India even to think of following a model based on devotion to violence and cultivation of hatred and prejudice. It is a sign of the moral and political degeneration of the Indian elite that it has stooped to clamour for attacks on Pakistan, without even establishing its complicity in the Mumbai carnage.

It is incumbent upon all those who value sanity, sobriety and principle in public life to counter such crass and extreme militarist nationalism. Such extremism is the stuff of fascism.

Copyright © 2006, Frontline.

C.R .Shridhar

The Ruling elite of our nation is in the grip of delusions of grandeur. The GDP growth rate of 8% is trotted out as a sign that India is on the threshold of becoming an economic superpower. A bright future awaits India with its revitalized economic policy of liberalization, privatization and an open door policy of attracting foreign capital. A new animal energy is infusing corporate India, which is headed for gigantic growth propelled by innovation and its ability to create anything from nanoparticles to giant rockets. It appears that India's tryst with destiny is unstoppable.

To the less gullible, the picture appears less rosy as India is in the throes of a shocking agrarian crisis fuelled by falling returns from agriculture coupled with debt and crop failure. More disturbing is the violence that the State inflicts on its citizens through encounter killings, police torture and custodial deaths.

Though the Left party has questioned the gains of the new economic policy formulated by the UPA government, there appears to be very little concern about gross human rights violations, which occur throughout the country. While there have been impassioned debates for the Washington consensus favouring MNC's in the media, there has been at best a token concern for the marginalized poor facing police brutality on a day to day basis. There is deafening silence in our media about the fact that though India has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), there has been no ratification on the pretext that existing laws have adequate provisions to prevent torture, in addition to constitutional safeguards.

Respect for human rights is the sine qua non of any civilized society and the disrespect for human rights is inimical to civil liberties granted to its citizens by the state. By this standard, the Indian State lamentably fails and is a cause for concern for those who value civil liberties. The prevalence of torture and other human rights violations occurs both in communist and non-communist states in India. Both the states of West Bengal and Kerala have witnessed police brutality even with the Left parties in power.

The Amnesty International in its report dated 10-08-2001 about torture in West Bengal observed, "Police are being urged to use whatever means necessary to deal with crime and are often allowed to use torture as a substitute for investigations, while action is rarely taken against the perpetrators. This system of policing is having little if any impact on crime." CPI (M) leader Benoy Konar, defending police brutality once said, "It must be viewed whether police is carrying out torture with a correct aim or an incorrect aim...In a class divided society, the police has the duty of carrying out repression.... You [journalists] have the pen in your hands, the police has the stick." Hence, it would be a mistake to view human rights abuse from an ideological perspective.

The wide prevalence of encounter deaths or extra-judicial killings at the hands of the police has been documented by human rights organizations and remains a part of our dark history in post independent India. A study conducted by the Asia Pacific Human Rights Network noted that encounter killings were not isolated incidents but occurred throughout India. They are part of a "deliberate and conscious state administrative practice" for which successive Indian governments must bear responsibility. Indeed, successive Indian governments have adopted a de facto policy sanctioning extra-judicial killings by members of the police forces, army and security personnel.

The most horrific examples include the operations against Naxalite movements in West Bengal, Andhra Pradesh and the operations against Punjab extremists. Tamil Nadu and Kerala committed the excesses of encounter killing during the days of Emergency. The Vimadlal Commission took the lid off so-called encounters in Andhra Pradesh during the mid-1970s. Uttar Pradesh is noted for it's encounter deaths and this has assumed alarming proportions in recent times. The paramilitary operations in Jammu & Kashmir, Manipur and Assam cause grave concern as human rights activists report wide spread instances of encounter killings, rape and torture of militant suspects.

The complicity of State and Central governments in encounter killings could be gleaned by the fact that they do not vigorously conduct prosecution of the guilty nor is the investigation thorough to bring the guilty to book. The National Human Rights Commission has not proved very effective in checking encounter killings, as it's recommendations are not implemented by the State and Central governments. The guidelines issued by the NHRC in matters regarding encounter killings are rarely followed. The long delays in courts in prosecuting the guilty police personnel creates a climate of impunity for such crimes to flourish. The governments also reward policemen or paramilitary personnel, which actually encourage encounter killing. The compensation paid to the surviving members of the victims murdered by the police personnel remains a pittance.

The use of torture and third degree methods against suspects in police lockups remains standard operating procedure in post-Independence India. Human Rights organizations note that torture is used against secessionist groups, against suspects belonging to the poorer sections of our society for extracting confessions and bribes and also used as extra-legal punishment (teach you a lesson).

In areas such as Jammu & Kashmir, there exist a number of detention cells where militant suspects are beaten and electric torture is meted out as routine punishment and to extract confessions or information. The methods of torture vary. For instance, in Assam, Jammu & Kashmir and Punjab (particularly in areas where the Punjab police or Punjab paramilitary units operate) dislocation of ball and socket of the suspect appears to be the preferred mode of torture. Sometimes the choice is more eclectic with a judicious combination of aeroplane treatment (tying the hands of the suspect behind his back and suspending him over a beam, leading to shoulder dislocation), electric torture with cattle prod and roller treatment (crushing the muscles of the suspect with a wooden log being rolled on his leg). Of course, beating of suspects with belts and lathis is standard fare in most police lockups. Human Rights groups have recorded cases involving rape and sexual humiliation of woman suspects.

While the reported cases of custodial deaths are increasing in India, statistics are difficult to come by, as there is government apathy to transparency. However, on 12th May 2006, The Indian Evidence (Amendment) Bill, 2006 was introduced in the Rajya Sabha with a view to curb custodial deaths. The amendment provides the presumption that when a suspect dies in police custody it is presumed that the police have caused the death and the onus of proof rests on the policemen to prove their innocence. While the amendment is certainly a welcome change in official attitude towards custodial deaths, it remains to be seen whether it would be effectively implemented in the courts.

Human Rights activists have also warned against Anti-terrorism and security laws in India as facilitating human right abuse by primarily targeting lower castes and minority communities. The security laws abuse specially targeted groups by prolonging detention without trial and by inflicting torture, which is responsible for custodial deaths. On September 25, 2006, the Committee on International Human Rights of the New York City Bar Association released a report, Anti-Terrorism and Security Laws in India, calling on the Indian government to limit its application of anti-terrorism laws. The report notes "Attentiveness to these human rights concerns is not simply a moral and legal imperative, but also a crucial strategic imperative. As the Supreme Court of India has recognized, 'terrorism often thrives where human rights are violated' and 'The lack of hope for justice provides breeding grounds for terrorism.'"

The report chillingly concludes that the sweeping powers given to the authority in such enactments as TADA [Terrorist and Disruptive Activities (Prevention) Act], POTA [Prevention of Terrorism Act], and UAPA [Unlawful Activities (Prevention) Act], were used predominantly not to prosecute and punish actual terrorists, but rather as a tool that enabled pervasive use of preventive detention and a variety of abuses by the police, including extortion and torture. Another unpopular act called the Armed Forces (Special Powers) Act has been sharply criticized for its 'oppression and high-handedness' by the Justice Jeevan Reddy Committee and has asked for the scrapping of this draconian law. This act (AFPSA) was the rallying point of widespread protests in Manipur and in other parts of North East as it offered immunity to the army personnel guilty of indiscriminately killing innocent people.

Legislation to eradicate torture, encounter killings and custodial deaths may be effective up to a point and may decrease human rights abuse marginally. But laws need the backing of robust public opinion to be fully effective. Here, Sunshine India is seriously flawed. The middle class and the upper class seem to be totally self-absorbed in greed creed and its consumerist pretensions. Moreover, there is wide acceptance of 'tough police tactics' by the middle and upper classes. The issues of liberalism, values for a just and humane society do not resonate well with this class. Instead there is, in the words of Praful Bidwai, a social commentator, "growing illiberalism and intolerance... lack of moral clarity among large sections of middle class on issues of justice, fairness, pluralism, secularism and other constitutional values, leave alone compassion for the underprivileged."

With public opinion fragmented, human rights violations would continue unchecked with the brunt of abuse borne by the marginalized poor. A prospect, which we must admit, bodes ill for our Republic.

DesiCritics.ORG

An Urgent Appeal for Action : Free Hebal Abel Koloy !

On October 26, 2006 at around 9.30am, Mr. Hebal Abel Koloy, Chairman of Borok People's Human Rights Organisation – BPHRO – (an organisation fighting for the rights of indigenous peoples of Tripura against all forms of state terror), Tripura, India, was asked by the police of Jirania police station of West Tripura district, to accompany them to the Jirania police station and later was taken to Manu police station, Dhalai district. He accompanied them and was detained there till 8 a.m. (27 October, 2006) without any reasons. By 8.30 a.m. of October 27, 2006 he was declared arrested. The Manu police registered a case against him [Case no.37/06, U/S 396/353/307/IPC and 27 of the Arms Act and 120(B)] under the Indian Penal Code.

On October 27, 2006 Hebal Koloy was produced in the court of the Chief Judicial Magistrate, Kailashar and the Manu police station appealed to the court for 10 days remand in the police custody. However, the court granted allowed custody for 3 days – i.e. October 27-30, 2006. On October 30, 2006 he was produced in the Court of the Chief Judicial Magistrate, Kailashar and the court found no evidence of charges brought against him by the police but in spite of his being proved innocent was not given bail and was sent to the Kailashar Jail, Kailashar district for 3 more days.

It is pertinent to mention here that Mr. Koloy is the principal of Khumpui Academy which is run by the Tripura Tribal Areas District Council. His official residence was ransacked in search operations that were carried out on October 28, 2006 from 3.00 -3.50 p.m. But no incriminating documents were found there. On October 29, 2006 a search operation was carried out from 11.15 a.m. to 12 noon in the office premises of the BPHRO, located in the Place Compound, Agartala, Tripura and in the search operation nothing illegal was recovered according to the police's own version. They seized identity card forms (which are issued to all the members of the BPHRO), donors' registrar book, membership fee book and other organisational document.

They also took the computer belonging to Mohan Debbarma (General Secretary of BPHRO) which was being used for the office of the organization as they do not have any computer of their own.

Hebal Koloy has been an active member of the human rights fraternity in Northeast India . He has presented cases of human rights violations against the indigenous peoples of Tripura at the 22nd session of the UN Working Group on Indigenous Populations in 2003 and has also ceaselessly appealed for justice and transparency in Northeast India. We are convinced that his detention is meant to silence the voice of oppressed indigenous people of Tripura and is part of a larger campaign waged by the state to malign and obstruct people's movements working for justice and dignity of indigenous peoples. We are also convinced that as long as he is police custody he is danger of losing his life. Such events are not uncommon in Northeast India's gloomy world of human rights violations and complicity of the organs of the state in these violations.


Yours truly,

Arup Jyoti Das

On behalf of North East Peoples' Initiative (NEPI)

4, Dwaraka Path, Oil Pipe Line
Hatigaon Road, Dispur
Guwahati-781006

Ph: 0361-2222019 (o), 098641-39312 (m)

E-mail: nepinitiatives@gmail.com


Official brief on the Arrest of Mr. Hebal Koloy , Oct 29, (PTI)

Human rights activist arrested for involvement in ambush

Agartala, Oct 29: Prominent human rights activist Hebal Abel Koloy has been arrested for alleged involvement in an ambush on Tripura State Rifles personnel at Sindhukumarapara in Dhalai district, police said today.

Officials said they had definite proof about the involvement of Koloy, the principal of a school, in insurgency and this would be placed before court in course of time.

Police detained Koloy, chairman of the Borok People's Human Rights Organisation, last Thursday from near his school, Khwumpui Academy, at Khwumulung, 30 km from here. He was taken to Dhalai district for interrogation in connection with the ambush carried out by militants on Thursday.

He was arrested yesterday and later produced before the Kamalpur SDJM's court, which remanded him to police custody for three days.

Police said Koloy met some insurgents in Dhalai district on October 22 and allegedly hatched the plan for the ambush on TSR personnel, who were assigned to protect employees of the North Eastern Frontier Railway laying railway tracks to connect Agaala with the rest of the country.

Koloy visited different places in Southeast Asia in his capacity as a rights activist and met different anti-India agencies for collection of funds, they alleged.

Related reference on the web

Experiences on Autonomy in East and North East:

A Report on the Third Civil Society Dialogue on Human Rights and Peace

By Sanjoy Borbara, Kolkata- 2003

Community radio doesn’t cause wars, it brings positive change

We have about 30 here,” said my Ugandan friend, when asked about fm radio stations in and around Uganda’s capital Kampala. Nepal has shamed the “world’s largest democracy” many years ago.

And we’re not talking of just multi-million rupee licences for commercial fm. Apart from the sarkari airwaves, and the commercial ones, India has just forgotten to open up its airwaves to its own citizens, volunteer networks and the not-for- profit sector (not just ngos alone). Paranoid politicians, overcautious officials, and ad-obsessed broadcasters, have worked to make this happen. Campus radio is no substitute for genuine community radio.

Conflict-prone Africa, Latin America and parts of Asia too have outdone us. In 1995, the Supreme Court was clear in telling the authorities that the “airwaves are public property”. Yet, every stalling trick has been deployed to delay. Will the government be different now? Now, though, we have talk of new community radio-friendly policies from the gom, Cabinet approval and what-have-you. But till we hear the broadcasts, let’s just keep our fingers crossed, shall we?

Half a decade ago, a disparate group that saw potential in community radio joined a unesco workshop held at Hyderabad. To build some continuity, an electronic mailing list called cr-India was set up. Since then, over 300-plus citizens have tried every trick to convince the authorities why this is a good idea. So, whose interest does it serve to keep Indian talent on a tight leash, even while blocking the huge potential for communication?

Academics agree with it. There is clear evidence that community radio works elsewhere. We have more than sufficient skills across India. Just take a look at radiophony.com that tells you how to build a low-powered transmitter for a few hundred rupees.

We’ve seen groups in Bhuj and Bihar struggle with leasing time on the air network. We’ve seen youngsters from Haryana create transmitters for Rs 11,000. And we’ve seen an innovative Raghav Mahto run an unlicenced fm radio station in a way that makes it relevant to the locality and enables him to earn a few rupees for a cancer-stricken dad.

So what are we waiting for? But then, India’s irrational fears about unleashing the power of communication, in a way that could really make a difference to the information-starved, is keeping our potential blocked. Thanks to technology, and today’s unprecedented pace for the spread of ideas, you don’t need an army of bureaucrats or a few million rupees to communicate via the airwaves anymore. What’s more, the radio could be the most appropriate in a country with poor power in vast rural stretches.

But irrational fears are just that. Irrational, and hard to get rid of. We have a (relatively) free press; and the country hasn’t fallen apart. Radio doesn’t cause wars or the breakdown of law and order. Rather than war-war, it allows for jaw-jaw. We need discussions that could resolve conflict and act as an early warning system. Those not in line with the law will do so, whether you offer them licences or not. So, whom are we penalising?

We need radio to warn the citizen of disaster, to inform them of how to bring positive change in their lives, and even to keep alive the varied cultures which get trampled upon by our centralised models.

Tomas Koshy — discussing via the communityradio@writeshop.org it network — tells a recent story of what happened when he spoke to 150 women in Champaran. Three read newspapers. Four watched TV. And almost everyone listened to radio. So should they be force-fed the official version, when technology allows for thousands of community-run radios, reflecting the needs of India? Rather than fearing what happens when the poor get access to information, we owe it to them to just unshackle the medium. This is not middle-class burden; even “illiterate” millions are educated enough to make use of this medium. Are we enlightened enough to stop fighting possibilities with paranoia and artificial blocks in the law?

Action can always be taken against those violating the law; should we presume malafides by default? Time lost, as a decision gets delayed, is something the country could never ever recoup. So why not just free the airwaves for the citizen too? Till then, India will just have to wait for its real communications revolution.

Frederick Noronha, Tehelka.COM, Nov 5 -11 , 2006

Noronha is a Goa-based journalist

By Ravikiran Shinde

31 October, 2006,Countercurrents.org

To,
Rajdeep Sardesai,
Editor-in-Chief,
CNN-IBN and IBN 7

Dear Rajdeep,

Do not get surprised by this open letter written by one of your million viewers. Yes, I know it is established Journalists like you who normally write open letters to celebrities. But then two gigantic and yet contrasting incidents that took place in last few weeks made me go for this exercise. I chose you since you are the latest and perhaps youngest of the Media tycoons. But then, this letter equally applies to others in the same business.

1. 2 Oct 2006: The Golden Jubilee of conversion to Buddhism at Nagpur.

2. 29 Sep 2006: The gruesome rape and killing of four Dalits in Bhandara, Maharashtra.

Both events that took place in Vidharbha, Maharashtra were very critical to the entire Dalit-Buddhist movement in India. While the former was a cause of major celebrations for Dalits and Buddhists, the latter was a terrible shock to them. However, they both exposed the grossly biased "Global Age" News medium like yours. Here is how.

1. Ignoring the DhammaChakra

Every year Dalits and Buddhists gather at Nagpur to remember 14th Oct 1956. They number anywhere from 800,000 to 10,00,000. According to solar calendar, this is the day when Dr Ambedkar led the biggest conversion sans bloodshed or allurement in the history of the world. On that day alone, around 500,000 Dalits had converted to Buddhism leaving behind the cobwebs of caste ridden Hindu society.

But this year, an estimated 2 Million, yes, a whopping 20, 00,000 people gathered from across the world to mark the 50th year of Dhamma Chakra Pravartan din on 2nd October! According to local reports, some 200,000 Buddhist Bhikkhus (Monks) wearing saffron clothes, forming a 6 Km long chain took the procession turning the entire orange city into saffron and blue. The Celebrations lasted for more than a week.

Now, for an Indian media- that is always looking for something sensational- that's a huge gathering, isn't it? And how many white collar Journalists holding Handy Cams from the leading electronic media turn up, including your own? None! Reason? Ignorance? No.It is what I call an absolute boycott!

Like the Upper caste villagers boycott Dalits in Villages, their caste Hindu counterparts in the media boycott almost everything that is related to Dalits. Otherwise, which news channel in the world would ignore such a huge gathering, repeatedly? Annual gathering of around a million people on 6th December at Chaityabhoomi, Mumbai - where Dr Ambedkar's last rights were performed - is also never reported. Since the people who gather at these two places are Dalits, Adivasis and Buddhists, they get blocked. But a Hindu festivals like Ganesh festival or Kumbh Mela gets not only full coverage by the Media but discussions and special features running for hours. As I write, your website www.ibnlive.com opens with a Happy Diwali page.

2. Ghatkopar, Seoni, Jajjhar, Kherlanji..the shame continues!

On Sep 29, in one of the most gruesome and dreadful incidents of Dalit atrocities, Bhaiyyalal Bhootmange, a Dalit-Buddhist farmer in Kherlanji (Bhandara, Maharashtra) witnessed his wife Surekha (44), daughter Priyanka (18), sons, Roshan, 23, and Sudhir, 21 being killed by the Landlords in front of the villagers. Worst, the mother and daughter were first paraded naked; gang raped, and then sticks were pushed into their private parts. The sons were stabbed repeatedly and their private parts mutilated. And what was their fault? Surekha had dared to fight for getting back a portion of their farm, which was grabbed by the landlords.

The local police and doctors completely covered up this incident but the Ambedkarites made sure the news of this cruelty spread like wild fire amid the Golden Jubilee celebrations. DNA (Daily News and Analysis) was the only English daily that published this news and that too after 18 days! Seeing the hue and cry, not among media but the people, some VIP politicians including Dy. CM R.R. Patil visited this place after weeks and made some arrest drama and suspension of local police officers. But knowing the history of the Maharashtra government's handling of Ramabai Case (Killing of 10 Dalits by Police in Mumbai in 1997), I do not believe the culprits will be brought to book.

Just see the scale of atrocities against Dalits. India's National Crime Records Bureau working under the jurisdiction of Ministry of Home affairs has reported that in the year 2005 alone, 26,127 crimes were committed against SC/ST's including 1172 rape against Dalit women and 669 cases of Murder (Reference: http://ncrb.nic.in). To summarise, every day, while three Dalit women are raped and two Dalits are murdered, two Dalit homes get torched. If you add to this the thousands of unreported cases, the picture is abysmally inconceivable!

And how does the News media, including your own medium, react to the above facts and figures? While a soft atrocity news like "Dalit Entry banned in Hindu Temples" gets a little space once in a while, graver issues like daily rape and massacre of Dalits constituting about 1/4th of India's population are literally ignored. As if this section of population means nothing to you. Why no news channel, ever holds any discussions on "How to stop atrocities on Dalits"? If this is not Media's discrimination based on caste, what else it is? You, the news medium, is as responsible for these inhuman crimes as the Kheranjali oppressors by just being selective and dishonest.

Such is the intensity of this inhuman caste-killing in Bhandara that the world media took the cognizance of it. Some western Human Rights based organizations like ACJP (Ambedkar Center for Justice and Peace) who take up atrocity cases in India are going to publish a detailed report on this case soon. And your continued blockage of such incidents will not only expose your bias but also raise question on your ethics and compatibility.

What a Shame, Rajdeep! Having shown a balanced opinion on the OBC quota issue by highlighting the pro-reservation side too, you had us believe that you were going to be a moral and diversified media face. But now it is clearer that such tactics were aimed at merely adding some extra spice for your politics loving class. I had always believed in power of the Media but I am realizing now that if it is run by an upper caste establishment then it is not more than a 'Money-Machine'. And this is where the now famous proverbial label "Manuwadi" fits best.

If you feel you have been at fault, then better be late than never. Cover the Kherlanji case and its legal proceedings. Awake the people on the gruesome caste realities in India. Telecast a half and hour program dedicated specially to Dalit atrocities every week. Send your stylist English speaking field reporters to the remotest part where Dalits are suffering and order them to cover unbiased news and help the due process of Justice. Will you?

Remember Media is one of strongest pillars of democracy. Strengthen it.

Only then you would be doing your true duty! And then Dalits would forgive you, since they believe in Buddha's teaching of forgiveness.

There is still time, Rajdeep!

With Metta Bhavana (Loving Kindness),

Ravikiran Shinde

Ajit Bhattacharjea, Hindustan Times, October 12, 2006

Four Octobers ago, a well-known Kashmiri journalist, Iftikhar Gilani, was in Tihar jail facing indefinite incarceration on concocted charges. He had been jailed after a cursory trial on June 9, 2002 and was abruptly released after seven months when the charges were withdrawn. Gilani had a rough time, but was relatively fortunate. As chief of bureau of the Kashmir Times in Delhi, he had many journalist friends and others who campaigned for his release. The charge against him under the Official Secrets Act was found to be fabricated.

The primary evidence produced by the police was a document on the hard disk of Gilani’s computer with details of the number of Indian security forces in Kashmir. But this was not secret information. It was, as he pleaded, a paper by one Nazir Kamal already published in the journal of the Pakistan Institute of Strategic Studies, Islamabad Papers, and taken from their website. Offers to demonstrate this by securing other copies of the paper or contacting the website were ignored. Gilani’s copy was doctored to make it appear secret. These and other details of the frantic efforts of the prosecution, and the officials behind it, to frame Gilani are detailed in his book, My Days in Prison. Fortunately, the patent failure of justice became impossible to justify and he was released on January 13, 2003. But for the influential friends who pursued his case, he may still have been in jail. The maximum sentence prescribed for an offence under the Official Secrets Act is 14 years.

I recall Gilani’s case because My Days in Prison indicates why the sentencing of Mohammad Afzal Guru to death by hanging has evoked passion and disbelief in the Valley. It documents the devious lengths to which investigative agencies are willing to go to be seen as saviours of the nation. Kashmir is familiar with stories of people being framed, of militants claimed killed by the security forces turning out to be innocent civilians, of young men disappearing without trace. Suspicions are reinforced when it is found that in Delhi, intelligence agencies are not above fabricating or distorting evidence to get credit for catching persons painted as threats to national security. In Afzal and Gilani’s cases, evidence of fabrication surfaced during hearings.

With stories concerning national security certain to get headlines, intelligence agencies try to exploit mediapersons to substantiate their charges and embarrass the defence. Hints are dropped about activities that further damage the suspect’s reputation or weaken his case. In the Gilani case, a newspaper reported that he had confessed his guilt, which he had not. In the Guru case, his counsel was quoted as suggesting that he preferred death by lethal injection to hanging, an implicit admission of guilt. He denied admitting any such preference. Intelligence personnel are keen on publicity. Arrangements to be filmed or photographed with a ‘catch’ are part of the routine; presumably with an eye on a reward.

Gilani’s account of his ordeal is detailed and credible. It contains names and designations. A copy of Afzal’s letter to his lawyer from jail has been circulated. It makes more painful reading, with descriptions of torture and extortion, but does not have the imprimatur of a published document. Even so, Afzal’s account of inadequate facilities for defence, the circumstantial nature of the evidence and other trial inadequacies seem sufficient to provide the scintilla of doubt about his guilt required to merit presidential clemency. It will be too late to make amends if evidence to the contrary is found after he has been hanged.

Justice must be seen to have been done especially in a case involving an attack on Parliament House. The Supreme Court did not find any evidence in the charge that Guru was a member of a terrorist gang or organisation. He was not directly involved in the attack or the planning, which was masterminded by three persons in Pakistan. Even if guilty as a conspirator, the view taken by the court raises more questions than it answers. The following is an extract from the judgment: “The incident which resulted in heavy casualties, has shaken the entire nation and the collective conscience of the society will be satisfied if the capital punishment is awarded to the offender. The challenge to the unity, integrity and sovereignty of India by these acts of terrorists and conspirators can only be compensated by giving the maximum punishment to the person who is proved to be a conspirator in this treacherous act. The appellant, who is a surrendered militant and who was bent upon repeating the acts of treason against the nation, is a menace to the society [and] should become extinct. Accordingly, we uphold the death sentence.”

Ajit Bhattacharjea is a former Director,Press Institute of India

Gujarat 2006 is deadlier than 2002. Because Hindutva has manufactured a new DNA beyond the Indian Constitution

Prashant Jha, Ahmedabad, Hard News Media

Short, stocky, and balding, Babubhai Rajabhai Patel can pass off as a normal, middle-class trader. Only, he isn't one. Babu Bajrangi, as Patel likes to be called, says he runs an NGO, Navchetan Sangathan. Sitting in his 'office' in Ajanta Ellora Complex in Naroda in Ahemdabad, Bajrangi is surrounded by images of RSS ideologues KS Hedgewar and Guru Golwalkar, a map of Akhand Bharat, and his own photographs, with politicians or in public meetings.

Bajrangi claims to be a social worker. "I rescue Hindu women who are lured by Muslims. I hate such marriages." As soon as Bajrangi gets to know of any such union, he kidnaps and sends the girl back home; and beats up the Muslim boy. "It's fun. Only last week, we made one such man eat his own shit thrice," he says. Bajrangi's operation is ruthless and effective. He claims to have 'saved' 725 Hindu women this way. And what about the law? "What I do is illegal, but it is moral. And anyway, the government is ours."

Perhaps that is the reason that Bajrangi, chief accused in the Naroda Patiya murder case (during the Gujarat carnage), is out on the streets and not behind bars. "People say I killed 123 people," says Bajrangi with a grin. Did you? "How does it matter? They were Muslims – bloody Pakistanis. They had to die. They are dead."

“The government is ours.” Few will doubt Bajrangi's claim. Not Muslims for sure, for they know Bajrangi might be more extremist than most, but he represents a mindset that is widespread: the mindset of the Gandhinagar government’s ministers. The mindset of several Hindus, from the waiter to the auto-driver and the middle-class, across Gujarat.

The discourse among Muslims has a striking unity. There is no one who speaks for us. This is not our government. This is their rule — Hindu rule. What do we do? As an elder in Shah Alam, a Muslim area in Ahmedabad, puts it, "Our crime is we pray to Allah."

The emotions of Muslims across Gujarat revolves around alienation, helplessness, and anger. Understandably so, large sections of the Hindu society, led on by the BJP government, ensure that Muslims remain second-class citizens.

And that is the story of Gujarat 2006. A tale of a society that is sharply polarised and prejudices about the 'other' deeply entrenched, and a state that happily engineers everyday hatred. In its wake, lies a community that lives in fear. The Gujarat of today is in some senses more dangerous than the Gujarat of 2002. For here, the violence is invisible. It operates systematically, as well as subtly, at the establishment and social level.

The truth is, the Gujarat government has seceded from the Indian Constitution. It did so in 2002, when the state sponsored mass violence against Muslims. And contrary to what many think, it has consistently done so and flaunted it since then. It has tried to completely subvert the process of justice for 2002 victims, from distorting FIRs and ensuring faulty investigation, to letting the accused get away free. With office-bearers of the Sangh Parivar affiliates doubling up as public prosecutors, it is little surprise that only 13 out of the 345 cases decided so far have resulted in convictions.

Even as it fulfils its promise that no harm should come the way of rioters, the government continues its campaign to harass innocent Muslims. The fact that the UPA government in Delhi did not ban the draconian legislation, Prevention of Terrorism Act (POTA), retrospectively has meant that those charged under that law in Gujarat before 2004 remain in jail. This effectively means that the secular UPA government, backed by the Left, is playing Narendra Modi’s game.

Maulana Omarji's house is, ironically, on the Station Road in Godhra. But he doesn't live there. Along with others accused of hatching the conspiracy and burning the train compartment at the Godhra railway station on February 27, 2002, he stays some distance away – in Sabarmati Jail in Ahmedabad. Omarji was arrested one year after the incident took place – a period in which he was active in organising relief camps for Muslims, and petitioning national leaders who came visiting about the injustice meted out to minorities in the state. Clearly, someone powerful did not like that. A well-respected man and community leader against whom there is no evidence, Maulana Omarji is charged with POTA.

His young and articulate son, Saeed, is quite frustrated. "What is the fault of Muslims in India? I am so angry with the system here, including the judiciary." Everything is stacked up against Muslims in India, feels Saeed. "I am an Indian and will never be disloyal to my country. But I feel our parents and grandparents made a mistake by staying on here. We should have gone to Pakistan." It is a striking comment, revealing the manner in which a fascist state is pushing people into a corner.

Half-an-hour from Godhra lies Kalol -- a site of major violence in 2002. This reporter met Mukhtar Mohammad at the Kalol police station. Active in organising relief camps, Mukhtar has been working to get justice for the victims. Something that did not go down too well with the state authorities. Framed under, what by all accounts, is a false ‘rape case’, he is stuck making rounds of police stations and magistrates and has to spend occasional nights, and at times, extended periods in jail. He says, "They want to break any kind of leadership that emerges among the Muslims, especially those who are moderate, and want to fight politically, constitutionally and legally."

Indeed, there is a pattern in which the Gujarat government is acting against Muslims. The Hindutva forces have no problems if the influence of the Muslim conservative religious organisations increases because it helps strengthen their stereotypes about Muslims. What they do not want is an articulate, liberal voice among Muslims that speaks the language of democratic rights and claims equal citizenship.

The regime targets innocent Muslims not just by framing false cases. Discrimination is spread across all realms. Juhapura is the largest Muslim ghetto in Ahmedabad with more than 300,000 people. Yet, it has no bank, state transport buses take a detour to avoid crossing through it, and there are no public parks or libraries. OBC communities among the Muslims in Gujarat find it difficult to get certain certificates. The saffronisation of the bureaucracy and local power structures, points out scholar Achyut Yagnik, has meant that panchayats, co-operatives, agrarian produce markets and government schemes have become sites for discrimination against Muslims.

What is more alarming is the fact that this discrimination has larger social sanction. There is pride about the 2002 toofan among many Hindus – we taught them a lesson, crushed; the world should learn how to deal with miyas from us, are oft-heard remarks. And the increasing distance between the two communities, both in the minds and physically, has not helped matters.

Most cities and towns in Gujarat are completely divided into Hindu and Muslim areas; a street corner, a divider in the middle of the road, a wall, or just a turn acting as borders. If it was difficult for a Muslim to find a house in Hindu areas before the killings, it is impossible now.

Sophia Khan is a well-known woman activist in Ahmedabad. Her office was in Narayanpura, an upmarket Hindu area. A month ago, when neighbours in her office complex got to know of her faith, they asked her to vacate immediately. Putting up a fight was no use in the face of constant harassment. She has now shifted to Juhapura. "My house is in a Muslim area. My office is now in a Muslim area. My Hindu employee is being pressurised by her family to resign, because they don't like her coming to a Muslim area. And my work revolves around Muslim women. This is how they want to push an entire community into a corner," says Khan.

The segregation has spread to other realms as well, leading to absence of contact and interaction between the two communities and breeding stereotypes and intolerance. The most visible realm is the fewer number of mixed schools in Ahmedabad which have a fair number of Hindus and Muslims. Discrimination on religious lines, coupled with the desire of parents to send children to schools where there are 'more of our people' has further boosted this trend. Pankaj Chandra, professor at Indian Institute of Management, is worried. Brought up in the composite Ganga-Jamuni culture of Allahabad in Uttar Pradesh, he says, "My children may graduate from school without knowing a single Muslim. Imagine how easy it will be to build stereotypes then."

When this reporter, with his long, unkempt beard, walked into an elite government colony in Ahmedabad to meet a senior official, three kids parked their bicycles right in front. One screamed aloud, “Terrorist.” Why? “Because you are a Musalman,” he responded. So? “All Muslims are terrorists. My father is a judge. He will call you terrorist in court.” Really? “Yes. And get out of here. This is a Hindu area.” Sauyajya is 12-year-old and has not met a single Muslim in his life. No one knows how many Sauyajyas are in the making in Gujarat.


The writer is Assistant Editor, Himal Southasian, Kathmandu.

The official version of events raises scores of doubts. The team wanted simple clarifications from the Commissioner of Police, Nagpur and approached him continuously for five days. That the Commossioner persistently declined to meet the team and answer these simple queries, reveal his unwillingness and/or his inability to answer these questions.

It also suggests that he chose to hide certain facts. And this leads the team to question the veracity of the Commissioner of Police's narration of the encounter. The Cock and bull story of the encounter thus compels the team to infer that the encounter appears to be fake and requires, in the interest of the nation, a fair probing.

Constituent member organizations:

People's Union for Civil Liberties,

Nagpur Committee for Protection of Democratic Rights,

Mumbai Dharma Nirapeksh Nagarik Manch, Nagpur

Andhra Pradesh Civil Liberties Committee,

Hyderabad Indian Association of People's Lawyers Bahujan Sangharsh Samiti

List of Members

Head of the Team, Justice B G Kolse Patil, Rtd Judge of Mumbai High Court, Convenor, Dr Suresh Khairnar,
Members Dr Anand Teltumde, CPDR, Mumbai; Adv. P Suresh Kumar, Andra Pradesh Civil Liberties Committee, Hyderabad; Mr Ahmed Latif Khan, Civil Liberty Monitoring Committee, Hyderabad; Dr D John Chelladurai, India Peace Centre, Nagpur; Mr Nagesh Choudhury, Bahujan Sangharsh Samiti, Nagpur; Mr Arvind Ghosh, PUCL, Nagpur; Adv. Anil Kale, Indian Assn of People's Lawyers; Adv. Surendra Gadling, Indian Assn of People's Lawyers; Mr Gaffar Shakir, Dharma Nirapeksha Nagarik Manch, Nagpur; Mr Ashish K Ghosh, PUCL, Nagpur; Mr Arvind Deshmukh, Bahujan Sangharsh Samiti, Nagpur; Mr T V Kathane, Nagpur, Bahujan Sangharsh Samiti,Nagpur; Adv. Anand Gajbhiye, IAPL, Nagpur

Introduction

The nation awoke on June 01, 2006 hearing the shocking news of an attempted attack on the RSS headquarters building. It was a respite that the news of police foiling the attempt too came along.

The news of attempted attack on the Head Quarters of the RSS reportedly by fidayeens of a Pak based terrorist group, sent a spine chilling fear in the minds of millions of peace loving people in the country. We all know very well, the potential of such a happening to ignite a trail of tragic clashes among the communities. The peace loving masses heaved a sigh of relief as the leaders of every community promptly condemned the heinous act and appealed to the masses to maintain peace, and peace did prevail. In the next twenty four hours quite a lot of information, almost all the information pertaining to the attackers had been published obviously supplied by the police department to the media.

The narrative of the whole encounter as reported on June 02, 2006, instead of clearing the mystery of the attackers, unfortunately confounded the citizens all the more. The reports were conflicting and left innumerable questions on ground zero situation unanswered.

The foiled attempt and the appreciable tranquility maintained by the masses were a great relief. However the deadly weapon and ammunition with which the 'fidayeens' (as told by the Commissioner of Police) appeared, and the ease with which the police claimed to have liquidated them, suggested that the Police team had a 'cake walk' over the deadly terrorists. The very next day a section of the media aired their doubt over the whole happening (as reported by the Police Commissioner), most of them quoting wide sections of the national community, including senior leaders.

The peace loving social activists and campaigners for communal harmony based in Nagpur were at first relieved by the success of the police over the terrorists. However the confounding report that appeared in the media and the doubts aired by masses and leaders prompted them to read between the lines. Particularly, the 'Islamic' terrorist attempting to attack RSS Head Quarters has a larger implication. It has the potential to push the nation into a communal strife. Scuh a thing should not be allowed to happen in any manner, orchestrated by any group. The confounding report of the 'encounter' therefore requires an honest study.

The above stated social organizations, hence constituted a fact finding team comprised of the above mentioned activists. The team is headed by Mr B G Kolse Patil, retired Judge of Mumbai High Court, and Convened by Dr Suresh Khairnar, a renowned social thinker and activist. The team visited the site of the encounter, spoke to the people residing in the vicinity. The team also visited the RSS Head Quarters and met Mr Shirish Wate, the HQ incharge.

The team went to Government Medical College to meet the doctors who carried out the postmortem. Dr Dhavane, who was present gave elementary information but declined to give details. The team spoke to Dr Vibhawari Dani, Dean, Govt Medical Hospital and College on telephone. The Dean also declined to reveal the postmortem report. It was a classified document, she said.

The team repeatedly sought an appointment with the Commissioner of Police. The CP too declined to meet the team. On the contrary the CP asked the respectable members their credentials; who funded the team, what international connections does the team have and similar questions with apparent intention to intimidate the team from their earnest effort to help the society to know the truth.

The Incident as reported by Mr S P S Yadav, the Commissioner of Police, Nagpur
The Special squad of the City police who were on high alert following specific input from intelligence agency spotted a white Ambassador car moving in a suspicious manner in Lakdi Pul in Mahal area and started tailing it. Two cars, a Tata Sumo and a Qualis were used in the operation. The tailing cars were unmarked and all police personal in it were wearing plain clothes.

When the ambassador car with red beacon atop moved towards RSS Head Quarters, one for the constables in the Tata Sumo casually asked the young occupants about their intentions. Rattled by the enquiry the militants opened fire on the police vehicle even as they tried to get away. In the process they dashed into the barricade near the eastern side of the RSS HQ. The alert cops led by PSI Rajendra Tiwari, PSI Arvind Saraf and PSI JA More replied to the Gunfire. It was their bulletproof jackets that saved police personnel. The terrorists also threw a hand grenade on the police party. But it failed to explode. They threw the grenade without pulling out the pin.

The gun battle lasted about 20 minutes in which the militants fired 76 rounds while the cops retaliated with 63 rounds. The terrorists had three AK-M automatic weapons, 12 hand grenades and 5.6 Kgs of highly explosive materials with them. They also had three spare magazines for their fire arms each carrying 30 rounds. They had hundred and twenty rounds each, said Mr S P S Yadav. Mr Yadav also reported to have said, looking at their preparation and determination to storm RSS HQ at any cost despite heavy police deployment, indicates that it was a 'fidayeen' attack.

Refusing to divulge the exact identity of the three militants, who were in the age group of 20-22 years, Mr Yadav described them as 'Islamic militants.' At this point of time, he added, it is too premature to associate them with any outfit.

Media reports

As per the details received from the police a white Ambassador car MH 20-8979 with a red beacon and three persons on board dressed as police sub-inspectors, was first spotted by the patrolling police party at the central avenue some time before the incident. The car was heading towards Badkas Chowk. As it emerged form Chitaroli, two police vehicles, a Tata Sumo carrying two PSI and five constables and a Toyoto Qualis with 5 PSI got suspicious about the car. The police vehicles hastened the chase of the suspicious ambassador car. At Badkas chowk the ambassador car took a left turn towards Junta chowk and again turned right towards the Sangh building from the Lakdipul side.

Presuming the car might have gone towards Ayachit mandir the police stopped the chase for a while. However when the police jeep came back to the same place during their routine patrol, they noticed the same car in a small alley between Lakdipul and Gajanan Mandir towards the eastern gate of the RSS Head Quarters. The Police vans then closed in on the ambassador car. However, without paying heed to the police patrol the car tried to force its way through the temporary barricade erected 50 meters before the main entrance of the RSS HQ. At this juncture the PSI Tiwari intercepted the ambassador car and enquired as to where it was heading. Instantly thereafter the two ultras who were seated on the rear seats came out of the car with a grenade in their left hand and AK56 rifle in the right hand. One of them lobbed the grenade at the police, but since the pin was not fully removed it failed to explode. Seeing this the ultras opened indiscriminate fire at the police party. In the melee PSI Saraf who just alighted from the police vehicle got hit at his abdomen. However, since he was wearing a bullet proof vest the bullet did not pierce his body. Soon after this police force and the ultras started exchanging fire in which two of the three militants were killed on the spot. The driver of the car then tried to flee towards the Bhauji Daftari School. However he could not escape the bullets from the police and he too was killed on the spot. The entire shoot out went on for just around 15 minutes between 4.00 and 4.15 AM.

The police then informed the control room and the commissioner of Police about the shoot out. The senior police officers immediately reached the spot and shifted at the three ultras to the government medical college where they were declared brought dead. The members of Dautkhani family along with other neighbours woke up at the sound of the firing and one of his family members opened the door of their house to peep outside.

However alert cops told the family members to shut the door and remain inside the house only. It was to prevent the terrorists from taking shelter in the Dautkani house and taking them as hostages. The operation was carried out by the city police successfully without any loss of life other than that of the militants. The press reported on the 2nd June that, all the three terrorists are said to be Pak nationals. Two of them hailed from Lahore and the third from Gujranwala. The police had seized from the place a dairy which contained email addresses in Urdu, a few phone numbers of Lohare and Gujranwala. Rs 45,000 and maps of the city were recovered from the terrorists.

The names of three terrorists are said to be Afsal Ahmed Bhat, Bilal Ahmed Bhat and Mohammed Usman Habib. Loksatta, (Indian Express Group) Nagpur Marathi edition, dated June 03 2006 carried an article containing the following detail. 'Normally the attacks by the terrorists are preplanned meticulously and they seldom fail in their attempt. This being the public opinion, the recent futile attempt by the terrorists on RSS building and the success gained by the police in thwarting the attempt creates suspicion in public mind as well as among RSS people and their rivals.

Though normally terrorists claim the responsibility of the attack, no terrorist group has claimed any responsibility to this attempt. Therefore the question arises, whether they were hardcore Islamic terrorists or just any other newcomers. According to police statement, threat of attack on RSS head quarters loomed large for the last one year and there was security cordon around the building. Yet the attackers seemed to have no idea of any of them, neither did they seem to know the roads leading to RSS building. And no map of the building and its surrounding could be found with them.

During the whole encounter with the police the terrorists got only one chance to lob a grenade and that too did not explode. That not a single policeman was injured by the bullets of the attackers, puts a question mark on the ability of the terrorists. The attackers could bring a car load of guns and bullets, hand grenades, powerful explosives like RDX from places thousands of kilometers away without being detected or checked by any police or civic authorities, is a matter of surprise even in the RSS circles.

The RSS which usually take such attack on them seriously and go for nationwide protest, unusually kept extraordinary silence and the morning shaka at the headquarters went on with more people attending it. It was a surprise even among the cadres of RSS. This also has created among their functionaries doubt over the bona fide of the attackers. However, they speak in a low voice.

' Mahanayak, a Marathi news paper from Mumbai, published a title page news from its special correspondent from Nagpur, with the caption: "Mahanayak's Special Story on the Attack on RSS Head Quarters." The news goes like this: There is a talk among the Nagpur police that, of the 11 police who conducted the encounter, 6 police did not even know how to handle a carbine. Some of them were under demotion on account of departmental disciplinary action, and they were given this 'chance' to prove their 'worthiness.' Sources close to the police circle say, none of the eleven cops had special commando training. The authorities punished two of them, for they extorted from a 'gutka' merchant a huge amount (Rs 3.5 lakhs) five months ago, in the Panchpoli police station area. At the orders of the CP they were shifted to another 'punishment' section. Police inner circle is surprised at the composition of the squad for most of them do not know to handle guns properly.

The reporter gives details of many indisciplines of the eleven police personals and wonders how and on what basis they were selected for Special Squad to handle such an important assignment in the RSS HQ.

Observations of the fact team

1. When the police had prior information about possible attack on RSS Head Quarters and the police were prepared, as stated by the Commissioner of Police (CP), to handle possible attack, why did they allow the attackers to go close to the RSS HQ? Why did the Police not stop them at first sight?

2. We hear from the residents, that the police had a kind of rehearsal to the 'encounter' few days back on the same spot. Police even fired in the air on the occasion, they claim. And when the actual encounter took place, these residents said, they first thought that it was yet another demonstration. Why did the police take a demo a few days ago?

3. The CP has said, "when the ambassador car with red beacon atop moved towards RSS HQ, one of the constables in the Tata Sumo casually asked the young occupants about their intentions. Rattled by the inquiry the militants opened fire on the police vehicle even as they tried to get away." For the constable to ask casually, either he must have brought his car (the police vehicle) side by side to the terrorist vehicle or he (the constable) must have come by foot close to terrorist vehicle (and asked them). In either case the constable must have been exposed to the terrorist attack at close quarter. How did the constable escape unhurt? The narration of the incident doesn't have any detail to clarify this.

4. There is no eyewitness to the whole happening. The encounter took place according to the police at 4.15 AM. The bodies of the assailants were removed even before the press reporters (who were the first people other than the Police) reached the spot, close to 5.00 AM. Why this hurry?

5. Day one media report says, Deputy Commissioner Mr Prabhat Kumar was in the patrolling team and he smelled foul and started tailing it in their unmarked blue Tata Sumo. Why did the CP not bring him (Mr P Kumar) in his (CP) narration of the encounter? Why did CP hide the DCP?

6. Another report says that the patrolling police that tailed the ambassador at one point "presumed the car might have gone towards Ayachit mandir the police stopped the chase for a while. However when the police jeep came back to the same place during their routine patrol, they noticed the same car in a small alley between Lakdipul and Gajanand Mandir towards the eastern gate of the RSS Head Quarters. As the point where the police missed the ambassador car and the place where they saw them again are the same small alley, do the police mean to say that the attackers were waiting over there until then?

7. It is said that the attackers' car tried to force its way through the barricade. The said barricade was installed a couple of weeks before June 01 2006, in the aftermath of weapon seizure from antisocial elements in the State. When the attackers came where were the sentries posted at the barricade? They must have been the first one to stop the terrorists or get attacked by the terrorists. Where were they?

8. The exchange of fire took place for twenty minutes, it was reported. Can anyone explain how the police disabled the terrorists from using the dozen hand grenades and the 360 rounds of bullets?

9. That the terrorists had 12 hand grenade, 360 rounds of bullets, 5.6 Kgs of highly explosive material which was later stated to be RDX, and they battled for twenty minutes 'hopelessly' not using any of them, is a narration that fails to convince common sense.

10. It was reported that the police recovered from the terrorists' vehicle a sealed case containing 12 hand grenades. The terrorists coming on a deadly mission carrying their munitions in sealed cases does not comply the logic of terrorist attack. They did not even open them when they were fighting for 20 minutes in a losing battle makes the narration all the more unconvincing.

11. That the terrorists, reported to be 'fidayeen' who chose to travel on white ambassador car with red beacon atop, not knowing what is the official protocol but chose to wear PSI dress, does not comply with the statement of the CP that the terrorists were a trained fidayeens.

12. The reported information that the police recovered wet underwear and soaked bathing soap from the white ambassador car suggests that they could not have been 'terrorists' on a mission involving their very life.

13. The police declared them as 'Islamic' terrorist and Pak based 'fidayeens'. The stated seizure of a diary containing all their names and their own telephone numbers sounds farce. Usually we do not write our own telephone numbers in our dairy. Terrorists of deadly mission carrying a dairy with their own identities when they were on an attack, do not appeal common sense.

14. Even if the police had found a dairy belonging to the attackers, how did they decipher the code names and codified messages in so short a time that in less than 10 hours the CP could reveal their identity as 'Islamic' terrorist and 'fidayeens'? (the history of terrorist attack tells clearly that the terrorists do not carry written documents. If they have to write anything they choose to write in codes and false names.)

15. What authentication did the police possess to finally declare them as Muslims and bury them according to Islamic rituals? What was the hurry to bury the dead bodies of the terrorists without establishing their identity?

16. Few holes on the walls (opposite to Bharat Mahila Vidyalay) are, said by the CID official present at the site, as bullet marks. Two of the six marks found to be marks of bullets fired from right across, at 90 degrees. One bullet mark, as marked by the police on the Bharat Mahila Vidyalay wall too clearly indicates that the bullet was fired at 90 degrees. Were the police and their vehicle come side by side the terrorists? It was amusing, that the police officer present at the time of the team's visit to the spot, told that bullets fired by the policemen down the lane from behind the terrorist vehicle possibly took an aerial curve and hit the wall at 90 degree.

17. There is hardly any mark of terrorist bullets on the other side, except on the Police vehicle.

18. The blue Tata Sumo vehicle that was tailing behind the terrorist vehicle had six bullet marks. Two of them were at least apparently pistol bullet marks. The police report did not mention terrorists having used pistols. How did pistol bullet marks appear on the police vehicle?

19. The terrorists were reported to have fired from AK-M automatic guns. The bullet marks on the blue Tata Sumo of the police bear bullet marks that are all single shot marks. There is no series of bullet marks (which is expected if the opponents were using automatic guns) that raises the doubt over nature of the exchange of fire.

20. One bullet hole was found (in the police blue Tata Sumo vehicle) on the right side front door from inside. The point of hit was almost at the hip of the driver. Had the driver been on his seat he should have been hit. There was no such report. It is clear that the driver was not in the seat at the time of firing. We found bullet marks on the same police vehicle hit from three angles on the left side of the vehicle. Three bullets were 45 degrees from behind, two bullets 90 degrees on the left and one bullet 130 degree further that hit just below the front windshield. The question is, if the vehicle is not on the move during the attack, (as the bullet did not hit the driver), then how did the bullet mark appear from three angles? This question assumes significance as it was not possible for the terrorists to move to such wide range and fire from all three angles, for they were caught in their vehicle that was trapped in a narrow alley and they were immobilized.

21. Mr S P S Yadav, Commissioner of Police is reported to have said, "Looking at their preparation and determination to storm RSS HQ at any cost despite heavy police deployment, indicates that it was a 'fidayeen' attack." This conclusion of the CP amounts to be hasty in his decision; or the terrorists were in his hands prior to the encounter, for him to know about them in detail.

22. On the site of the encounter was parked a white Maruti Omni car at the premises of Mr Jopat, the compound wall being fenced by barbed wire. As the house is the first one in the lane (in front of which raised the barricade) and the attackers were inside the lane, if the police wanted to target the attackers, they should have gone some where behind this Maruti Omni car. When there was over 140 rounds of fire, there is not a single bullet mark on the vehicle.

This creates strong doubts over the nature of reported encounter.

Recommendations

The official version of events raises scores of doubts. The team wanted simple clarifications from the Commissioner of Police, Nagpur and approached him continuously for five days. That the CP persistently declined to meet the team and answer these simple queries, reveal his unwillingness / inability to face these fair queries.

It also suggests that he chose to hide certain facts. And this lead the team to question the veracity of the Commissioner of Police's narration of the encounter. The Cock and Bull story of the encounter thus compels the team to infer that the encounter appears to be fake and requires, in the interest of the nation, a fair probing.

The team therefore, calls upon the Central government to appoint a judicial enquiry committee headed by a retired judge of the Supreme Court and probe the whole episode.

http://www.pucl.org/Topics/Religion-communalism/2006/nagp...

By Praful Bidwai, June 8, 2006, Nav Hind Times

The Chhattisgarh government is about to launch a massive military operation against the Naxalites with more than a dozen Central Reserve Police Force (CRPF) battalions under the command of the so-called ‘supercop’ and former Punjab director-general of police, Mr K P S Gill. The operation has been called the ‘ultimate’ blow or ‘knockout’ punch against ‘the Red Menace’ and will reportedly involve the use of helicopters. The CRPF will be assisted by special commandos from Mizoram, who have been trained in counter-insurgency operations by United States troops at Vairangte for more than a decade.

Mr Gill’s strategy, whose blueprint is with the Union home ministry, involves gathering reliable intelligence on the Maoists’ hideouts and movements, and hitting them hard, “In a sudden and well-coordinated attack”. According to a leak to the media, “The thrust of the Gill [strategy] is to launch a swift offensive, giving little time to [the] Maoist guerrillas to regroup and retaliate”. The plan also involves evacuation of a large number of people from the forests of southern Bastar and clearing them of mature trees.

It’s a safe bet that this operation will further brutalise the civilian population without being particularly effective against the Naxalites. The Union and state governments should call off the operation at once.

The operation is a sequel to a ‘people’s campaign’ called Salwa Judum (peace hunt or movement) launched a year ago by the state government, which has all but triggered a civil war in parts of Chhattisgarh. Salwa Judum (SJ) targets the Naxalites for violent attacks. Its members generally comprise the local elite, including wealthy Adivasis, traders and contractors. Formally, SJ is the creation of Congress legislature party chief, Mr Mahendra Karma, politically known as ‘the 60th member of BJP CM, Mr Raman Singh’s cabinet’. In truth, the SJ idea was conceived by the former Bharatiya Janata Party home minister, Mr Brij Mohan Aggarwal.

A group called Independent Citizens’ Initiative (ICI), recently released a fact-finding report on SJ which makes disturbing reading. It shows that SJ is not the ‘people’s spontaneous resistance or uprising’ against the Naxalites as claimed but a government-sponsored and funded organisation which has an armed wing consisting of 3,200 Special Police Officers (SPO).

In essence, says ICI, the Chhattisgarh government has ‘outsourced’ its law-and-order functions to an ‘unaccountable, undisciplined and amorphous group’ not trained to use firearms properly. SJ has been forcing tribals to take up arms against the Naxalites-on pain of being beaten up, illegally fined, or have their homes burnt down. SPOs are meant to work under the authority of the state police, but in Chhattisgarh’s Naxalite-affected districts, the regular police has ceded all power to them.

SJ’s violent operations have turned the tribal belt of Bastar into a virtual war-zone, in which Adivasis are pitted against Adivasis and forced to fight the Maoists to whose retaliation they become vulnerable. Scores of villages have been evacuated. The Adivasis’ social life has been destroyed. Officially, as many as 46,000 people have been compelled to move into so-called relief camps near highways. According to interviews conducted by ICI with local people, officials, journalists and foresters, the number of displaced people is as high as 70,000.

ICI found “evidence of killings, the burning of homes, and attacks on women, including gang-rape.” There are arbitrary arrests and “several people seem to be missing. The press is tightly controlled and intimidated...”

SJ is guilty of recruiting even minors as SPOs-a breach of the Geneva Convention and of several covenants on child rights to which the government is a signatory. Equally disturbingly, an attempt is under way to break up tribal communities into the equivalent of “Strategic Hamlets” which the United States (US) created in the 1960s in Vietnam in its brutal. Just last fortnight, two officials of the US embassy met the Chhattisgarh chief secretary (home), Mr B K S Ray to offer the state assistance in fighting the threat. Although the government has not accepted the offer, it’s clearly following the same militaristic approach that the US favours to deal with insurgents and guerrillas.

Ostensibly, the United Progressive Alliance (UPA) government advocates a “two-pronged” strategy: deal sternly with Naxalite violence; but simultaneously address the socio-economic sources of discontent underlying it through development programmes. In March, Union Home Minister, Mr Shivraj Patil tabled a status paper on the issue in which he spelt out a 14-point policy based on such a dual approach. In reality, the government has concentrated much of its effort on ‘modernisation’ of state police forces, long-term deployment of paramilitary troops, and use of modern lethal weaponry.

The bulk of the financial assistance of Rs 2,475 crore committed to the 55 worst Naxalite-affected districts is earmarked for police-paramilitary operations.

The government has concentrated only one thing: force. This approach springs from a ‘thanedar mentality’ or that coercion is the most effective way of dealing with social discontent. This approach fails to understand that Naxalite activity has spread to some 160 of India’s 600 districts because of rising agrarian distress, destruction of forests by the timber mafia, uprooting of Adivasis due to predatory mining, irrigation and metallurgical projects, and rapidly growing income and regional disparities. It’s not a coincidence that more than two-thirds of the 55 most severely Naxalite-affected districts lie in the tribal belt. In state after tribal state, the Adivasi economy has been squeezed and marginalised to a point where millions of Adivasis have ceased being an agricultural people.

More generally, Naxalite activity has grown-year after every single year-because of India’s jobless and destructive growth which benefits only a tenth or so of the population. It’s hard to defend the violent justice that many Naxalite groups readily hand out to their enemies. Some have even developed a stake in extortion.

However, the problem this poses cannot be resolved, even mitigated, by coercion, especially the lawless use of force without accountability. That’s precisely what SJ has practised. This cannot but further alienate Chhattisgarh’s Adivasis and throw even the more neutral of them into the Naxalites arms. Social discontent typically takes a violent turn when all peaceful avenues are closed.

Mr Gill is a dogmatic votary of the coercive approach. One of the greatest myths created about him is that he effectively, yet lawfully, crushed the Punjab insurgency. The National Human Rights Commission has just authenticated the judicial finding that almost 2,000 people were cremated without identification in a single year in Punjab. It has ordered compensation to the victims’ relatives. The Centre must radically revise its Naxalite strategy and open a dialogue with Maoist groups.If the Manmohan Singh government can hold round after round of talks with separatists from Jammu and Kashmir and with the National Socialist Council of Nagaland, there is no reason why it cannot talk to non-secessionist groups which voice the grievances of the people.

Tuesday, 23 May 2006

R Arun Kumar, People's Democracy

THERE is an interesting story whose moral we all need to understand. A highly educated professional had gone to a village to meet his childhood friend who was a shepherd. Through the course of their conversation, the talk shifted to technology. The city-bred, foreign-returned friend claimed that he could tell the exact number of goats owned by the one who stays in the village without counting. The bet was that if he wins, the shepherd was to part with one of his goats. While the shepherd was wondering how would this be possible, our friend took out his laptop, connected to the net using bluetooth technology, got to know the total number of livestock in the country, that particular state, district, village and then the exact number owned by his friend. He closed his laptop and declared that his friend owned 32 goats and being so sure of his victory said that he has already taken the goat that was promised to him and put it in his car. Hearing this the shepherd started laughing aloud. When asked for the reason for his laughter, he said that the number of goats owned by him was indeed 32 but the goat taken as trophy was in fact not a goat but a dog. The moral is that however ‘knowledgeable’ one is, he should not be blind to local realities and common knowledge.


The National Knowledge Commission (NKC) h