Wednesday, 25 October 2017

Campaign Against Aadhaar


For news and updates on the on the challenge to Aadhar and information on the cases in the Supreme Court, please sign on to <https://rethinkaadhaar.in/>

There is silence in the mainstream media on the growing resistance to Aadhar in various parts of the country. But a lot is happening on the ground.

For instance, the opt-out campaign started by the  Meghalaya People's Committee on Aadhar. 

Please consider signing and mailing the attached opt-out letter to UIDAI, starting a sign-on petition or putting it on your social media pages to get it out to others who might also feel the same way. 


(Information courtesy Rev K Pyrtuh)

The Meghalaya Peoples Commiittee on Adhaar had a public meeting today at the Khasi National Dorbar, Mawkhar Shillong from 11 AM

The meeting was attended by more than a thousand people who jam packed the  hall, the verandah, compound and even the footpaths of Mawkhar Main Road outside the venue hall. (Copy of picture attached)

The meeting was chaired by Auguster Jyrwa (Ex GS KSU) and the meet began by a minute silence to condole the death of a young girl in Jharkhand who was allegedly died of starvation for want of Adhaar.

Those who spoke in the meeting are Rev. K.Pyrtuh, Rev PBM Basaiawmoit, Donald Thabah General secretary KSU and Kong P.Sohshang from west khasi hills district. Kong P.Sohshang had been facing harassment and ridicules from various quarters for her stand against the dangers of the project Adhaar.

The meeting resolved the following:
1. The people welcome the 9 Judge Bench verdict on the Right to Privacy and repose their faith in the judiciary especially the Supreme Court and pray that the pending cases and the final verdict to be pronounced soon will be in favour of the people and that  the Adhaar project be done away with and settle the issue once and for all.

2. The meeting strongly urge upon the Authorities not to confuse matter or force people to enroll into UID, but to abide by the various interim orders of the Supreme Court which had from time to time passed orders that Adhaar is not compulsory but voluntary.

3. The Meeting resolved to start an Opt-Out campaign for those who had already enrolled but who wish to withdraw their consent and with draw from the Central Data Storage which they believe that both their Bio-metric and Demographic Information are stored. The Opt-Out campaign is based on an informed opinion that the adhaar project is inherently flawed/dangerous and it is also based on the fact that now Privacy is a Fundamental Right as guaranteed in Part III of the Constitution of India so therefore the Adhaar Project infringes upon this Right and as citizens we resolved to protect our Right to Privacy by opting out of Adhaar. A sample Opt-Out Letter was drafted both in English and Khasi and distributed so that people can read, understand and decide. The Meghalaya Peoples Committee on Adhaar had fixed 30 October as a date to collect all those individual opt-out letters and send them to authorities concerned and the Committee firmly believed that this opt-out campaign will have long lasting impact on the fight against intrusion by the Power of the State on individual citizens. (Copies of sample opt-out letter attached the opt-out letter was also translated into vernacular language i.e khasi). Individuals who wish to withdraw their consent are requested to come to KSU office at Jaiaw Shillong on the 30 October 2017 and submit their opt-out letters from 11am to 3pm. 

Rev.K.Pyrtuh Rev PBM Basaiawmoit and Bah Auguster Jyrwa
  

KALYANI MENON-SEN Feminist Learning Partnerships
J-1229 Palam Vihar
Gurgaon 122017 INDIA

I ask that my demographic, biometric, authentication records and any other information about me which is with the UIDAI be deleted from the UIDAI data base. Kindly delete all the information from the UIDAI data base and communicate to me when this exercise is complete.
I did not enrol on the UIDAI data base voluntarily; i was coerced/misled into enrolling because i was warned that i would lose my rights as a citizen, and that i would be excluded from my rights and entitlements and from various services that the state is obliged to provide to me unless i enrolled on the data base. I have since been apprised of the various concerns about the data basing of people. I am aware too that the coercion has been in deliberate contempt of the orders of the Supreme Court of India.
I did not consent to have my data shared with any service provider or any other third party. If it is so recorded in the UIDAI data base, i make it clear that by this letter i withdraw any consent that you may have recorded on your data base. All transactions which have been carried out on the basis of such consent may kindly be communicated to me; and also such actions reversed, by informing the third party of the withdrawal of consent.
The Aadhaar (Targeted Delivery of Financial and other Subsidies, Benefits and Services) Act 2016, in section 3(2), requires that every person enrolling should be informed about the use of the information, the persons with whom it may be shared and that there is a right to access information; none of this was done when i enrolled. This makes the whole exercise illegal, and against the interests of the citizenry.
Please
delete all the biometric, demographic, authentication and any other data that is on the UIDAI data base, and inform me when this is done
inform me of any places where my UID number has been `seeded'
inform any agency where my UID number has been seeded that they are to delete the number from their data base
in the meantime, be informed that i do not consent to my data being used by you or any third party, or be shared with any third party, and any consent that may be recorded as having been given by me stands withdrawn forthwith.

Tuesday, 25 July 2017

Revolutionary Poet Paash’s Poem “The Most Dangerous” Sought To Be Deleted From Indian Textbooks ByUltra-Right‘Educationist!’

paash
Co-Written by Dr. P.S. Sahni& Shobha Aggarwal
The RSS affiliated Shiksha Sanskriti Utthan Nyas headed by Dina NathBatra has sent a list of recommendations for the NCERT (National Council of Educational Research and Training) which had recently solicited public response for its review of school textbooks. The list includes removal of Paash’s poem, “The Most Dangerous”.
Paash, a Sikh was killed by Khalistani separatists – demanding a theocratic Sikh state – on 23rdMarch, 1988. “The Most Dangerous” is one of the most powerful and influential work of this revolutionary poet. Countercurrents.org had carried the poem as a comment on 30 June, 2017 and also on its Facebook.
‘The Most Dangerous’ has been translated from Punjabi to English by Dr. Satnam Singh Sandhu of Punjabi University, Patiala. It is as follows:
The Most Dangerous
Most treacherous is not the robbery
of hard earned wages
Most horrible is not the torture by the police.
Most dangerous is not the graft for the treason and greed.
To be caught while asleep is surely bad
surely bad is to be buried in silence
But it is not most dangerous.
To remain dumb and silent in the face of trickery
Even when just, is definitely bad
Surely bad is reading in the light of a firefly
But it is not most dangerous
Most dangerous is
To be filled with dead peace
Not to feel agony and bear it all,
Leaving home for work
And from work return home
Most dangerous is the death of our dreams.
Most dangerous is that watch
Which run on your wrist
But stand still for your eyes.
Most dangerous is that eye
Which sees all but remains frostlike,
The eye that forgets to kiss the world with love,
The eye lost in the blinding mist of the material world.
That sinks the simple meaning of visible things
And is lost in the meaning return of useless games.
Most dangerous is the moon
Which rises in the numb yard
After each murder,
but does not pierce your eyes like hot chillies.
Most dangerous is the song
which climbs the mourning wail
In order to reach your ears
And repeats the cough of an evil man
At the door of the frightened people.
Most dangerous is the night
Falling in the sky of living souls,
Extinguishing them all
In which only owls shriek and jackals growl,
And eternal darkness covers all the windows.
Most heinous is the direction
In which the sun of the soul light
Pierces the east of your body.
Most treacherous is not the
robbery of hard earned wages.
Most horrible is not the torture of police
Most dangerous is not graft taken for greed and treason.
It may be recalled that in 2006 BJP MP, Ravi Shankar Prasad during a debate on NCERT books had told Parliament (RajyaSabha) that Paash was a Naxalite. The NCERT had prescribed Paash’s poem “The Most Dangerous” in Hindi textbooks for class XI students from 2006 onwards. This is part of an arrangement whereby 20% literature is translated from other languages. This poem was selected for all India syllabus of NCERT.
The persistent efforts of BJP and its affiliates to erase the work of Paash is not the least ironical; after all such political and cultural forces feel threatened by the martyr-hood of a Sikh revolutionary poet who staunchly opposed divisive and communal politics in Punjab and elsewhere. The real irony is that Paash, with left-leaning politics, had to master the Sikh holy book Guru Granth Sahib, cull out the struggles of Sikh gurus and then used the material to intellectually challenge the votaries of a theocratic state who stood for religious fundamentalism. The ruling class parties like the BJP and the ShiromaniAkali Dal – both with communal agenda – feel threatened by the works of poet Paash.
The attempt to erase the works of Paash from Indian textbooks should be resisted. The original poem in Punjabi reads as follows:

ਕਿਰਤਦੀਲੁੱਟਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ
ਪੁਲਸਦੀਕੁੱਟਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ
ਗੱਦਾਰੀ-ਲੋਭਦੀਮੁੱਠਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ
ਬੈਠੇਸੁੱਤਿਆਂਫੜੇਜਾਣਾ-ਬੁਰਾਤਾਂਹੈ
ਡਰੂਜਿਹੀਚੁੱਪਵਿੱਚਮੜ੍ਹੇਜਾਣਾ -ਬੁਰਾਤਾਂਹੈ
ਸਭਤੋਂਖਤਰਨਾਕਨਹੀਂਹੁੰਦਾ
ਕਪਟਦੇਸ਼ੋਰਵਿਚ
ਸਹੀਹੁੰਦਿਆਂਵੀਦਬਜਾਣਾ, ਬੁਰਾਤਾਂਹੈ
ਕਿਸੇਜੁਗਨੂੰਦੀਲੋਅਵਿਚਪੜ੍ਹਨਲੱਗਜਾਣਾ -ਬੁਰਾਤਾਂਹੈ
ਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦਾ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਹੁੰਦਾਹੈ
ਮੁਰਦਾਸਾਂਤੀਨਾਲਭਰਜਾਣਾ,
ਨਾਹੋਣਾਤੜਪਦਾ, ਸਭਸਹਿਣਕਰਜਾਣਾ
ਘਰਾਂਤੋਂਨਿਕਲਣਾਕੰਮਤੇ
ਤੇਕੰਮਤੋਂਘਰਜਾਣਾ,
ਸਭਤੋਂਖ਼ਤਰਨਾਕਹੁੰਦਾਹੈ
ਸਾਡੇਸੁਪਨਿਆਂਦਾਮਰਜਾਣਾ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਘੜੀਹੁੰਦੀਹੈ
ਤੁਹਾਡੇਗੁੱਟ ‘ਤੇਚਲਦੀਹੋਈਵੀਜੋ
ਤੁਹਾਡੀਨਜ਼ਰਦੇਲਈਖੜ੍ਹੀਹੁੰਦੀਹੈ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਅੱਖਹੁੰਦੀਹੈ
ਜੋਸਭਦੇਖਦੀਹੋਈਵੀਠੰਢੀਯੱਖ਼ਹੁੰਦੀਹੈ
ਜਿਸਦੀਨਜ਼ਰਦੁਨੀਆਨੂੰਮੁਹੱਬਤਨਾਲਚੁੰਮਣਾਭੁੱਲਜਾਂਦੀਹੈ
ਜੋਚੀਜ਼ਾਂ ‘ਚੋਂਉਠਦੀਅੰਨ੍ਹੇਪਣਦੀਭਾਫ਼ਉੱਤੇਡੁਲ੍ਹਜਾਂਦੀਹੈ
ਜੋਨਿੱਤਦਿਸਦੇਦੀਸਾਧਾਰਣਤਾਨੂੰਪੀਂਦੀਹੋਈ
ਇਕਮੰਤਕਹੀਣਦੁਹਰਾਅਦੇਗਧੀ-ਗੇੜਵਿਚਹੀਰੁਲਜਾਂਦੀਹੈ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਚੰਨਹੁੰਦਾਹੈ
ਜੋਹਰਕਤਲਕਾਂਡਦੇਬਾਅਦ
ਸੁੰਨਹੋਏਵਿਹੜਿਆਂਵਿੱਚਚੜ੍ਹਦਾਹੈ
ਪਰਤੁਹਾਡੀਆਂਅੱਖਾਂਨੂੰਮਿਰਚਾਂਵਾਂਗਨਹੀਂਲੜਦਾਹੈ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਗੀਤਹੁੰਦਾਹੈ
ਤੁਹਾਡੇਕੰਨਾਂਤੱਕਪਹੁੰਚਣਲਈ
ਜਿਹੜਾਕੀਰਨਾਉਲੰਘਦਾਹੈ
ਡਰੇਹੋਏਲੋਕਾਂਦੇਬਾਰਮੂਹਰੇ-
ਜੋਵੈਲੀਦੀਖੰਘਖੰਘਦਾਹੈ।
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਰਾਤਹੁੰਦੀਹੈ
ਜੋਪੈਂਦੀਹੈਜੀਊਂਦੀਰੂਹਦਿਆਂਆਕਾਸ਼ਾਂ ‘ਤੇ
ਜਿਹਦੇਵਿਚਸਿਰਫ਼ਉੱਲੂਬੋਲਦੇਗਿੱਦੜਹਵਾਂਕਦੇ
ਚਿਪਟਜਾਂਦੇਸਦੀਵੀਨ੍ਹੇਰਬੰਦਬੂਹਿਆਂਚੁਗਾਠਾਂ ‘ਤੇ
ਸਭਤੋਂਖ਼ਤਰਨਾਕਉਹਦਿਸ਼ਾਹੁੰਦੀਹੈ
ਜਿਹਦੇਵਿੱਚਆਤਮਾਦਾਸੂਰਜਡੁੱਬਜਾਵੇ
ਤੇਉਸਦੀਮਰੀਹੋਈਧੁੱਪਦੀਕੋਈਛਿਲਤਰ
ਤੁਹਾਡੇਜਿਸਮਦੇਪੂਰਬ ‘ਚਖੁੱਭਜਾਵੇ।
ਕਿਰਤਦੀਲੁੱਟਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ
ਪੁਲਸਦੀਕੁੱਟਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ
ਗੱਦਾਰੀ-ਲੋਭਦੀਮੁੱਠਸਭਤੋਂਖ਼ਤਰਨਾਕਨਹੀਂਹੁੰਦੀ।

The Hindi translation of the poem is as follows:


मेहनतकीलूटसबसेख़तरनाकनहींहोती
पुलिसकीमारसबसेख़तरनाकनहींहोती
ग़द्दारीऔरलोभकीमुट्ठीसबसेख़तरनाकनहींहोती
बैठे-बिठाएपकड़ेजानाबुरातोहै
सहमी-सीचुपमेंजकड़ेजानाबुरातोहै
सबसेख़तरनाकनहींहोता
कपटकेशोरमेंसहीहोतेहुएभीदबजानाबुरातोहै
जुगनुओंकीलौमेंपढ़ना
मुट्ठियांभींचकरबसवक्‍़तनिकाललेनाबुरातोहै
सबसेख़तरनाकनहींहोता
सबसेख़तरनाकहोताहैमुर्दाशांतिसेभरजाना
तड़पकानहोना
सबकुछसहनकरजाना
घरसेनिकलनाकामपर
औरकामसेलौटकरघरआना
सबसेख़तरनाकहोताहै
हमारेसपनोंकामरजाना
सबसेख़तरनाकवोघड़ीहोतीहै
आपकीकलाईपरचलतीहुईभीजो
आपकीनज़रमेंरुकीहोतीहै
सबसेख़तरनाकवोआंखहोतीहै
जिसकीनज़रदुनियाकोमोहब्‍बतसेचूमनाभूलजातीहै
औरजोएकघटियादोहरावकेक्रममेंखोजातीहै
सबसेख़तरनाकवोगीतहोताहै
जोमरसिएकीतरहपढ़ाजाताहै
आतंकितलोगोंकेदरवाज़ोंपर
गुंडोंकीतरहअकड़ताहै
सबसेख़तरनाकवोचांदहोताहै
जोहरहत्‍याकांडकेबाद
वीरानहुएआंगनमेंचढ़ताहै
लेकिनआपकीआंखोंमें
मिर्चोंकीतरहनहींपड़ता
सबसेख़तरनाकवोदिशाहोतीहै
जिसमेंआत्‍माकासूरजडूबजाए
औरजिसकीमुर्दाधूपकाकोईटुकड़ा
आपकेजिस्‍मकेपूरबमेंचुभजाए
मेहनतकीलूटसबसेख़तरनाकनहींहोती
पुलिसकीमारसबसेख़तरनाकनहींहोती
ग़द्दारीऔरलोभकीमुट्ठीसबसेख़तरनाकनहींहोती।

Dr. P.S. Sahni& Shobha Aggarwal are members of PIL Watch Group. Email: pilwatchgroup@gmail.com

Wednesday, 12 July 2017

Protests At Jantar Mantar, To Mourn Amarnath Killings

amarnath-jantar-mantar
The ‘Not In My Name’ campaigners held a vigil at Jantar Mantar on Tuesday, 11 July, 2017, 7 p.m. to mourn the killings of Amarnath pilgrims a day earlier. For this gathering arithmetic (numbers) went against the protesters. At any given point of time the number was under one hundred.
There were no slogans, no speeches, a two minute silence in the memory of those who were killed was observed. Placards displaying messages like ‘Hatred Will Not Win #AmarnathYatraKillings #NotInMyName’ were carried by the protesters. Sadness and grief was writ large on their faces. There was a gloomy silence even as the photo-journalists and T.V. camera persons recorded the proceedings. People talked in hushed tones about what lay in store and what would be the future line of action. This gathering took place at one end of the road known as Jantar Mantar lane, near the entrance to the Kerala House.
At the other end of the lane towards the Jantar Mantar monument were two more protests on the same issue. One was by a political outfit, the NPP. There were about 10 to 15 protesters in this rally demanding imposition of Governor’s rule in Jammu and Kashmir. A Baba wearing red coloured clothes was part of this protest almost leading it. Within minutes several women sitting on different protest dharnas at Jantar Mantar for a long time with individual grievances were seen angrily approaching this rally;these women laid bare the shenanigans of this Baba (accused of atrocities to women) at Jantar Mantar itself. The police stood by, silently. Discerning trouble, this Baba had to flee the rally. Finally Jagjit Kaur, a rape victim from Punjab who has been on protest at Jantar Mantar for over three years demanding justice chased the Baba out of sight away from the Jantar Mantar area.
Another protest was organized by the right wingers (largely believed to be ABVP members) though no formal banner to the effect was carried by them. They were about 100 to 150 in number. The protest started at 6 p.m. with raising of slogans against Pakistan which was denounced; another slogan praised the Indian army; a third slogan indicated that the whole of Kashmir belonged to India; one slogan conveyed their sentiments to the effect that the traitors should be shot dead viz ‘desh ke gaddaron ko, golimarosaalon ko’. I stood there for one hour till this rally was over. But I did not see any sign of grief or sadness on the face of the protesters; their body language, the tone and tenor of the slogans, the anger and the vengeance in the meaning (golimarosaalon ko) was very disturbing and terrifying for me.
I recall tragic developments in 1984 when Mrs. Indira Gandhi was assassinated by her two Sikh bodyguards belonging to the Delhi Armed Police. As the Prime Minister’s body lay for public to pay their last respects, the government owned Doordarshan which covered those moments permitted the airing of vengeful slogans like: ‘blood for blood’ (khoonkabadlakhoon). As a trained doctor and an ardent observer of human nature I distinctly remember having seen no grief or sadness one associates with mourning, even then. The slogans which I heard on 11 July, 2017 still reverberate in my mind. I fear that the minorities in India particularly Muslims would be facing a backlash.
When I joined the 7 p.m. protest ‘Not In My Name’, some of the right wing protesters (whose protest was over by then) were passing by at this end of the Jantar Mantar lane. On seeing the ‘Not In My Name’ protesters assembled there they menacingly looked at us and shouted ‘Pakistan ke gaddaron ko’. The police as usual looked the other way.
Dr. P.S. Sahni is a member of PIL Watch Group. Email: pilwatchgroup@gmail.com

Thursday, 6 July 2017

Rejoice, Ye, Supreme Court Judges On Your Pyrrhic Victory; India’s Justice System Got Screwed Up In Karnan’s Case


Justice-karnan 
A law student in any university anywhere in the world is taught that before convicting a person of a crime a detailed reasoned judgement ought to be ready. In fact in criminal cases the judgement convicting a person is pronounced on a particular day; and the quantum of punishment is announced later after the lawyers have had a chance to argue on it. In Justice C.S. Karnan’s case the order of conviction and punishment and imprisonment was pronounced on the same day i.e. 9 May, 2017 in his absence; the detailed reasoned judgements– actually two separate but concurring judgements – as per media reports were made available on the Supreme Court website only on 5 July, 2017. These judgementsare said to have been given by the then seven senior most judges of the Supreme Court. Any law student anywhere in the world would naturally be aghast at the violation of a fundamental principle of the justice system. And this is not the only fallacy.
One of the judges who gave the majority judgement had retired on 27 May, 2017; which means that the signatures of all of these judges should have been affixed by 27 May, 2017. But was it done?
From 9 May, 2017 till date Karnan’s lawyers had been trying to get the attention of the Court – both during and after the summer vacation – through the process of ‘mentioning’ before the relevant bench of the time. In fact most of the time Karnan’s lawyers were treated shabbily, threatened with eviction from the court. In one instance Karnan’s lawyers were told to approach the Court after a month i.e. after the vacation. When they did so after the summer break, they were told not to disturb the court proceedings!
It reminds one of how people from the Scheduled Caste community were treated in the last two millennium as and when they tried to enter the holy precincts of a temple in India. Mostly they were kicked out of the temples. Sufi saints like Nanak and Ramdev have captured it well in their verses five centuries back. So even today a Dalit judge like C.S. Karnan is being treated in the same way; one just has to read about how his lawyers had been treated in the Supreme Court from 9 May, 2017 onwards to be convinced about this.
Could it be that one of the judges had actually retired and not affixed his signature on the judgement; so efforts were being made behind the scene for a ‘resolution of this technicality’? This scenario seems more likely than the contrived projection that all the judges in the majority judgement had affixed their signatures on or before 27 May, 2017.
Now that Justice Karnan’s case seeking bail and challenging his six months sentenceis provisionally listed for 7 July, 2017, the timing of the reasoned judgements being made available on 5 July, 2017 raises suspicion. The entire national press (print and t.v. channels) is at the service of the establishment to damn Justice C.S. Karnan. Lest people in India have forgotten, the same seven wise judges of the Supreme Court had put a gag on the press to the effect that Justice Karnan’s statements were not to be carried w.e.f. 9 May, 2017. Thus in effect the media on 6th and 7th of July, 2017 would be shredding Karnan’s credibility to smithereens; while Karnan’s view point would stay censored. So the stage is being set to ensure that there is no sympathy for Justice Karnan whatsoever when his case is taken up hopefully on 7 July, 2017 in the Supreme Court.
Only a high level independent enquiry can reveal the truth. To get to the bottom of it, an independent agency would have to get hold of all the personal computers, hard disks etc. of all the seven judges; seal these and send them for forensic examination. All the emails exchanged on the issue between the judges would need to be examined. The effort should be to ascertain when each of the seven judges affixed their signatures on the judgements (as there are more than one judgements). The individual seven judges should be subjected to thorough interrogation to arrive at the truth.
Let us beware that the judicial tyranny and dictatorship are as bad as any oppressive regime.
Dr. P.S. Sahni is a member of PIL Watch Group. Email: pilwatchgroup@gmail.com

Thursday, 29 June 2017

A Thousand Seeds Of Resistance Planted For Junaid

junaid-protest
A thousand seeds of resistance got planted yesterday evening at Jantar Mantar, national protest site, Delhi on the blood shed by Junaid. The name Junaid in Urdu means fighter, warrior whose strength is equal to a small army.
I reached Jantar Mantar at 4.30 p.m. when people had already started coming from Delhi and NCR region. The meeting was to start at 6 p.m. My estimate is that three thousand people were there at any moment of time; while some were leaving others were joining. Outside the party-politics-structure this was the largest protest by activists in Delhi. I was able to meet lots of my long lost activist friends. People were talking in small groups and giving vent to their feelings. Remarkably, Muslim men and women, children and adults were visibly present in large numbers. Unfortunately there was only one loudspeaker, so what was being said from the dais was not audible but there was freshness about the people on the dais.
PIL Watch Group members make at least one visit to this national protest site daily since December 2012. In fact even before Modi government was installed at the Centre, the right wingers had taken control of the national protest site through continuous protests by cow andolan groups; language (Hindi) andolan groups; dharnas by followers of Asaram and other assortment of Babas. Yesterday after more than three long years the activists were able to recapture the national protest site, albeit for a day!
Mother Nature cried the whole day in memory of Junaid; however by evening the incessant rain fall had stopped. The program went undisturbed. The sky was clear.
muslim-lives-matter
The only other such protest that took place in Delhi was after Operation Blue Star when a few political activists gave out a press statement about a public meeting at V.P. House, Opposite Parliament House, New Delhi. The meeting was scheduled in the Deputy Speaker’s Hall assuming that a few hundred may turn up. The Sikhs in Delhi were waiting for such a meeting to be held. About three thousand people assembled. Ten more loudspeakers had to be installed; hundreds of large size durries had to be put on the lawns of V.P. House. The program was delayed by two hours. I was present all through. All speakers were heard with pin drop silence. The net result was that from that evening onwards the fears in the minds of Sikhs in Delhi post Operation Blue Star, which had taken place in June 1984 vanished in thin air.
Yesterday I interacted with lots of people. The sense I got was that the Muslims in Delhi and NCR region will be able to shed the fear seeing the all round support by people from different castes and communities.
The political ambiance of yesterday’s meeting was the same as captured and envisaged by Binu Mathew, Editor, Countercurrrents.org in ‘A Thousand Flowers Should Bloom For Junaid.’ The seeds anyway have been sown. Hope, as they say, lies eternal in one’s chest.
Dr. P.S. Sahni is member of PIL Watch Group Email: pilwatchgroup@gmail.com

Monday, 26 June 2017

Does The Indian President – cum – Supreme Commander of Defence Forces Endorse The Army Chief’s Use Of Human Shield?


kashmir-human-shield
The incident of Major Gogoi tying a 24 year old Kashmiri Muslim, Farooq Ahmed Dar, a weaver from a village in Budgam, Kashmir to the front of army jeep and parading him around with the stated objective of ensuring that stone pelters would not be able to harm the personnel in the jeep – government servants, armymen and policemen – while they were on their way to safety could not have escaped the notice of the President of India’s office. This has sullied the image of the country and the Indian Army – even more than the humiliating defeat suffered at the hands of the Chinese Army in the Indo-China conflict of 1962.
As if waiting for a cue several Ministers in the Union Cabinet came out openly in support of Major Gogoi’s criminal and inhuman act; the Ministers included Union Defence Minister, Union Home Minister, and Union Minister of Law & Justice. The Indian Army Chief, General BipinRawat backed the use of human shield in Kashmir; the Army exonerated Major Gogoi from any wrong doing two days after the latter was honoured with a Chief of Army Staff (COAS) Commendation Card. The Attorney General of India promised that he would defend Major Gogoi if a situation arose; in fact the Attorney General saluted the Major.
Thus far the President of India has maintained a deathly silence on the issue. A response from his office is in order; after all according to Article 53 in Part V of the Constitution of India:
“… the supreme command of the Defence Forces of the Union shall be vested in the President and the exercise thereof shall be regulated by law.”
Besides the President appoints all the Chiefs of respective Forces including the Army Chief – who openly supported the concept of human shield.
Besides the oath or affirmation by the President includes:
“…and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of India.”
Mr. President, may we remind you that the Constitution of India and its Preamble states:
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, ……………..
………………………..”
WE, THE PEOPLE OF INDIA seek JUSTICE for one of our citizen named Farooq Ahmed Dar.
Sir, as the Supreme Commander of Defence Forces your office will have to take a stance – belatedly though, and you still have a few weeks time before you demit office – on the issue of human shield. The Defence Forces look upon you for guidance and support; you are intended to be a conscience-keeper and thus have the moral responsibility to offer sage advice. Besides, you have the advantage of several decades of public life to your credit.
Under ordinary circumstances you could have used your power under Article 143 of the Constitution of India and sent a Presidential reference to Supreme Court on the crucial issue of use of human shield by the Indian Army. Article 143 of the Constitution of India states:
“143. Power of President to consult Supreme Court (1) If at any time it appears to the President that a question of law or fact has arisen, or is likely to arise, which is of such a nature and of such public importance that it is expedient to obtain the opinion of the Supreme Court upon it, he may refer the question to that Court for consideration and the Court may, after such hearing as it thinks fit, report to the President its opinion thereon
(2) The President may, notwithstanding anything in the proviso to Article 131, refer a dispute of the kind mentioned in the said proviso to the Supreme Court for opinion and the Supreme Court shall, after such hearing as it thinks fit, report to the President its opinion thereon.”
But Sir, we are living in troubled times; such an exercise would not be possible now because the Union Cabinet would not allow a such a reference to be made. In fact the support by several Union Ministers as also by the Attorney General has preempted your move to get a Presidential reference through. But your hands are not tied. You still could resign on the issue; or, you could issue a one line statement against the use of human shield by the Indian Army.
Sir, the nation is at the cross-roads of history. You would recall that another President of India, Fakruddin Ali Ahmed, went down in infamy for his single omission viz. blindly signing on the Emergency proclamation ordinance without questions. On behalf of ‘We the people of India’ it is our duty to remind you that during the Internal Emergency period (1975-77) you had been indicted by Shah Commission. (Quote):
“Shri Pranab Mukherjee has violated established administrative conventions and procedures and misused his position in the appointment (of the Chairman of the State Bank of India).”
“Mr. PranabKumar Mukherjee, the then Minister of Revenue and Banking has misused his position and abused his authority in ordering the detention of Smt. Gayatri Devi and Col.Bhawani Singh on wholly insufficient grounds. It is aclear case of subversion of lawful processesand of administrative procedures.”
In your book “The Dramatic Decade:the Indira Gandhi Years” you wrote:
“In fact, Indira Gandhi told me subsequently that she was not even aware of the Constitutional Provisions allowing the declaration of a state of Emergency on grounds of internal disturbance.”
Well Sir, we have herein provided you for your ready reference the Constitutional provisions you may need for taking a stance on the issue of human shield.
Sir, the present moment beckons you. If you do not take this small but significant step this time around, the people of India will never forgive you. Now even the plea of being a junior in the establishment is not available to you; as you are the first citizen of India. (You had used the plea of being a junior Minister in the Cabinet of Indira Gandhi during the emergency period.) On Major Gogoi’s issue you should either resign or at least make a one line public statement showing your disapproval of use of human shield by the Indian Army. This step will also help in washing your political sins of 1975-77 period.
Dr. P.S. Sahni is a member of PIL Watch Group.Email: pilwatchgroup@gmail.com

Wednesday, 21 June 2017

Denial Of Interim Bail To Justice C.S. Karnan – Are We Back To The Internal Emergency Era, 1975-77?


Justice-karnan
Justice C. S. Karnan on being arrested on 20 June, 2017 moved the Supreme Court seeking bail and suspension of six months sentence awarded to him on 9 May, 2017. The vacation bench of the Supreme Court consisting of Justice D.Y Chandrachud and Justice Sanjay Kishan Kaul today (i.e. 21 June, 2017) said:
We can’t suspend the sentence as the order of the sentence was passed by a seven-judge bench.”
Besides the Court has rejected his bail plea. The following questions beg an answer:
What prevents the special bench of seven judges to hold court during vacation? Is it because some of the concerned judges being on vacation are holidaying around? Or is it because one of the seven judges has since retired and the bench cannot be constituted? Or is it because the detailed order of 9 May, 2017 has still not been prepared and signed by seven judges? In any case it is a serious development as the issue at hand is one of liberty of Justice C.S. Karnan. Is India already reeling under an undeclared emergency where liberty of the detenu comes to a naught?
In the infamous habeas corpus ruling of 1976 (ADM Jabalpur vs. Shukla) Justice Y.V. Chandrachud and three other judges ruled that “…no person has any locus standi to move any writ petition under Art 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention…” The only dissenting opinion was from Justice H.R. Khanna. Have Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul in June 2017 done something akin to what Supreme Court did in habeas corpus case during the Emergency era? Are Indians living – sans their liberty – under undeclared emergency?
Since the Supreme Court is neither listening nor acting proactively it is necessary to revisit Justice Krishna Iyer’s classic treatise on bail wherein it was reiterated that bail not jail is the rule. Justice V.R. Krishna Iyer and Justice D.A. Desai through their judgement dated 31.01.1978 in Babu Singh and Others vs. The State of U.P(1978 AIR 527)gave a scientific orientation to the crucial issue of bail. These judges accepted that hitherto the ferocity of the crime had eclipsed the real purposes of bail or jail; that other sensitive and sensible circumstances were ignored, and that the fate of applicants for bail in the higher judiciary had largely hinged on the hunch of the bench as on expression of judicial discretion. Two paras need to be quoted:
The judge even when he is free, is still not wholly free. He is not to innovate at pleasure. He is not a knight – errant roaming at will in pursuit of his own ideal of beauty or of goodness. He is to draw his inspiration from consecrated principles.” – Benjamin Cardozo
“..the discretion of a judge is the law of tyrants: it is always unknown. It is different in different men; it is casual, and depends upon constitution, temper and passion. In the best, it is often times caprice; in the worst, it is every vice, folly and passion to which human nature is liable …”- Lord Camdon
The personal liberty of an accused or convict is fundamental as enunciated in Article 21 of the Constitution of India: No person shall be deprived of his life or personal liberty except according to procedure established by law, it can be denied only by procedure “established by law”. The last four words of Article 21 are the life-force of that vital human right.
The Supreme Court of India – to salvage its credibility – should immediately constitute the special bench of seven judges and release Justice C. S. Karnan on bail.
Dr. P.S. Sahni is a member of PIL Watch Group which is campaigning on the issue of ‘bail not jail’ since 2014. Email: pilwatchgroup@gmail.com

Sunday, 11 June 2017

Rahul Gandhi: Please Undertake A Padyatra From Kashmir To Kanyakumari

rahul-gandhi
To,
Shri Rahul Gandhi,
Vice President, Indian National Congress,
New Delhi.
Respected Sir,
Media reports (Economic Times, 09.06.2017) carry the most promising, optimistic and hope building statement ever made by any political leader in India in the last three years. We refer to your statement in particular:
“We need to be ready to take on polarisation of Hindu votes in the upcoming elections. Let us be very clear and not opt for soft Hindutva. We should stand for the rights of the minorities without any ambiguity, even if it costs us votes,..”
Sir, please come out strongly against this illegal ban on cattle slaughter. Kindly translate your verbal assurances to concrete actions. Undertake a padyatra from Kashmir to Kanyakumari against the illegal, divisive law and uphold the secular value that the Congress professes.
Yours sincerely,
Shobha Aggarwal & Dr. P.S. Sahni
PIL Watch Group

State Sponsored Terrorism Against Sikhs In November 1984 & The Role Of Peace Warriors:Lessons For The Indian Army


lalita-ramdas
A recent article published in the Countercurrents.org by Lalita Ramdas titled ‘Service Brats, Identity and Nationalism’ raised some crucial issues through the comments by honorable serving/retired army personnel. It is felt that a wider dissemination and debate is necessary into this aspect,since it raises the fundamental issue of whether a citizen of India, Lalita Ramdas, wife of Admiral L. Ramdas (Retd.) has a right to express herself freely on issues of great public and national importance. The trigger for LalitaRamdas’sarticle was the incident of Major Gogoi tying a 24 year old Kashmiri Muslim, Farooq Ahmed Dar, a weaver from a village in Budgam, Kashmir to the front of army jeep and parading him around with the stated objective of ensuring that stone pelters would not be able to harm the personnel in the jeep – government servants, armymen and policemen – while they were on their way to safety. Lalita Ramdas expressed her view emphatically and unequivocally to the effect that use of a human shield was not correct, ethical and legal. Some of the comments by the respected retired/serving army personnel need to be quoted at length:
“Has MrsLalitaRamdas any alternative solution to offer which would have yielded the same result – no violence and 100% success – she must reveal it for future guidance of the armed forces.”
-Maj Gen Ashok Coomar
“Secondly you shouldn’t try to add weight and authority to your arguments by saying that you r a daughter and wife of an Ex navey chief. I am sorry you have no idea how indian infantry operates in kashmirvellay. To realise that you have to join one of the Inf unit in your next life.”
– Col Ajit Singh Rana
“MrsLailtaRamdas,m’am,,have you or a person like you ,ever faced an angry mob , in any city or town, in a peace situation.? I presume,no. You will at that time forget idea of human rights. You have freedom of expression, because people like Major Gogoi are up in the front protecting all of us.”
– Major General (Dr) VS Karnik (R)
“One does not expect people from Service Fraternity to express these kind of free thinking.”
– BGV Kumar
These comments give an insight into the mindset of the senior army officials.
I have not met Lalita Ramdas in the last twenty years; nor was I in communication with her – yet certain comments made in the critique by army personnel cannot be allowed to go uncontested. My memory goes back to the period 1984 when I was residing in Delhi. I am a Sikh by faith. During the November’84 genocide of Sikhs – when thousands of people of my faith were being burnt alive and the police and the ruling Congress (I) were aiding, abetting, conspiring and collaborating in the massacre – the environment in Delhi was such that no non-Sikh could dare to take out a protest march (read peace march) against the killings. Such peace marches invited clashes between the peaceful protestors and the rioters/arsonists. The non-Sikh protestors were abused and stones were pelted at them. To put things in perspective, General J.S. Arora, the acclaimed hero of the Bangladesh liberation – self- confessedly admitted publicly – that he was scared of moving out of his house in Friends Colony, South Delhi during those days. The President of India, himself a Sikh was helpless though he also happened to be the Supreme Commander of the Armed Forces at that time. On the evening of 31 October, 1984 when the President went to the All India Institute of Medical Sciences where Mrs. Gandhi had been taken for treatment after the shootout, stones were pelted at GianiZail Singh’s car. Khushwant Singh, the renowned writer was being persuaded to leave the country since Sikh lives were in danger. It was in such times that few people from the non-Sikh communities gathered their wits and decided to visit the Sikh victims of violence who were housed in make shift relief camps; these people organized themselves into ‘Nagrik Ekta Manch’ and organized the initial public protests against the anti-Sikh violence. These actions invited assaults; there were even death threats for those standing up on the side of the Sikh victims. It was in such difficult times that Lalita Ramdas, Jaya Srivastava, Gauri Chowdhry, Kalpana Mehta – easily the first few citizens of Delhi – who were prepared to put their heads on the guillotine and carry on their work without caring for their lives or limbs. Their work continued for about seven years. Lalita Ramdas was in the infantry of six hundred peace warriors who worked tirelessly amongst the Sikh victims.
Anyone of the army personnel who have raised doubts on their courage of conviction has just to visit the TilakVihar Colony, New Delhi and talk to the victims (mainly Sikh widows with their children and grandchildren) to verify for themselves about the work done by Lalita Ramdas and her associates. These women did not belong to any political party, but were clear that they had to be on the side of victims. Later they ensured the filing of hundreds of affidavits from the Sikh widows before the Justice Misra Commission which was set up to enquire into the anti-Sikh violence. These women and their other co-activists (forgive me for not being able to recall all names) received a fresh round of threats for daring to file affidavits against named Congress (I) politicians, policemen, arsonists and looters. But none of them let their self-interest and self-survival come in the way of their work – which became a cause célèbre for them. Sikhs remember this period as the third worst period faced by them in last five hundred years – the other two being the massacres during the reign of Emperor Aurangzeb (who otherwise had lots of positive traits) and the 1947 partition violence resulting in killing of Muslims, Hindus and Sikhs. It may be recalled that during the 1962 Indo-China conflict at one stage the Indian army – facing a humiliating defeat at the hands of the Chinese soldiers – left the people of North Eastern Frontier Agency, NEFA (presently known as Arunachal Pradesh) to fend for themselves. The Indian army personnel were forced to retract right up to district Tejpur in Assam. The people of Arunachal Pradesh still have disturbing memories of the period when the Indian army personnel themselves deserted them in their hour of need. At least during the 1984 violence the presence of army was there in Delhi though its role was passive and hence killings could not be stopped. Sikhs could take solace from the fact that like their Arunachali brothers and sisters the army men did not desert them. After the 1962 conflict a group of peace warriors got together under the banner of ‘Himalaya SewaSangh’ (HSS). LoknayakJayaprakash Narayan was one of the founding members. HSS helped in the healing process of people of NEFA through visits and work amongst them on a long term basis. The work continues till date.
During the 84’ violence, the army appeared on the scene very late in spite of demand by the vocal section of the Sikh leadership in Delhi since day one of the violence. The army behaved in a passive fashion; at place the arsonists and looters continued with their ‘work’ while the army men looked on. I can say the army was not responsible for saving the life of even one Sikh in Delhi at that time. As per the PUDR-PUCL Report of 1984 titled “Who are the Guilty” the role of the army was reduced to that of an “impotent observer”; in one instance a Major who was asking for directions was carrying a map dated 1974 in which the resettlement colonies did not figure.The resettlement colonies were created during the Emergency era (1975-77) of Mrs. Indira Gandhi when over seven lakh slum dwellers were forcibly evicted and left to fend for themselves on the outskirts of Delhi.
Most of the killings had taken place in the resettlement colonies numbering around four dozen. Ironically members of ‘Nagrik Ekta Manch’ were able to reach these colonies as also the nearby makeshift relief camps housing the victims of violence in Gurudwaras, colleges, schools and even near police stations. Lalita Ramdas, Jaya Srivastava and Gauri Chowdhry were already working in these colonies on non-formal education and gender issues.
Ironically the three thousand odd army personnel deputed on duty to ensure that the funeral procession of Mrs. Indira Gandhi went about gracefully were available for control of violence in Delhi only after Mrs. Indira Gandhi’s funeral was over. Thus crucial days were lost before the army could be used for the control of violence.
One has no grudge; actually even Sikh army personnel were being hounded and brutally killed while they were travelling in trains in North India. In other instances army officers in moving trains did not come to the rescue of Sikh passengers when confronted by marauding mobs. One such instance is reproduced below:
“”Get up and crawl back into the train quickly. If they notice that you’re alive, you’ll be stoned to death.”
Sixty-four-year-old Satpal Singh, a pharmacology professor at the University of Buffalo in New York state, vividly remembers the timely advice proffered by a kind man, which ultimately saved his life on the night of November 1, 1984.
Singh had just received an offer to start and head a new division at the Centre for Cellular and Molecular Biology in the central Indian city of Hyderabad.While returning to Amritsar, in the northern Punjab state, from Hyderabad, the train made an unscheduled stop at a railway station close to the city of Bhopal.
A mob of nearly two dozen people barged into Singh’s compartment and beat him unconscious.
“Two army officers in my compartment assured that they would protect me, but nobody intervened,” Singh told Al Jazeera by phone from Buffalo.
Assuming that he was dead, his body was thrown on the railway tracks.”
-(1984 anti-Sikh riots: Calls for justice in India, Aljazeera, 8 October, 2016)
As yours truly also worked full time amongst the riot victims for twenty-six months certain small but pertinent observations need to be highlighted. Firstly, the six hundred odd co-workers at ‘Nagrik Ekta Manch’ comprised students & teachers from Delhi University, Jawaharlal Nehru University and Jamia University as well as activists working with social organizations in Delhi at a senior level; law students and lawyers; medical students and doctors. Most of them were from non-Sikh communities with a big chunk from the majority community. The victims who were from the lower socio-economic strata and housed in slums and resettlement colonies comprised of daily wagers or those in small self-employment occupations. At the Nanaksarrelief camp across the river Yamuna in eastern Delhi about four thousand victims including about 108 widows were housed. Victims would often during the earlier days after the violence tell the social workers that ‘monas’ (Hindus) were involved in the killings; since the vast majority of ‘Nagrik Ekta Manch’ volunteers were non-Sikhs some of the victims on later occasions started articulating that those working in the relief camps were good Hindus and those involved in the killings were the bad ones. It was through constant interaction and work extending over several months that many of the victims concluded that it was the lumpen elements who indulged in arson, loot, killings and rape and that the policemen and Congress (I) party workers & senior leader were behind the violence. At the dispensary at Nanaksar camp where yours truly initially worked as a voluntary doctor some of the victims would comment – with great surprise – that people like Lalita Ramdas, Jaya Srivastava were Hindus. Lalita Ramdas had short hair on her head by which the victims would identify her as a Hindu.
When social workers started the work amongst the victims it must have crossed their minds that there would be anger amongst the victims against people belonging to the majority community – who were initially perceived by the simple minded, innocent victims to be culprits. It should be understood that all victims could not articulate in politically correct terminology (which comes so very easily to middle class social activists). So the voluntary workers themselves at least in the initial phase, too,took a calculated risk in working amongst the victims.
It is easy to understand that most voluntary workers had to face opposition from their family, friends, neighbours, relatives in reaching out to the victims of violence. Having transcended that, they would then have to face some victims in the camp who may be angry at Hindu-looking workers. One is at pains to describe these small little things at length so that it is clear that one has to work on a long term basis before a relationship is built between the victims and voluntary workers and the environment becomes more friendly and secular.
Army men placed in situations of internal conflict have a lesson or two to learn from this experience of ‘Nagrik Ekta Manch’.
Howsoever preposterous it may appear let us have a hypothetical situation where an enterprising army man – even more enterprising than Major Gogoi – on duty during the 1984 violence gets a brilliant idea of tying a rioter or arsonist (invariably who would be from Congress (I) party) to the front of his jeep and parade around to send a message to the rioters and arsonists to disperse away. Senior army officers who are in dismay at the condemnation of Major Gogoi tying a protestor on to the front of a jeep in Kashmir should feel enlightened that tying of a trouble shooter even during the 1984 riots would not have been acceptable to the social workers. In any case the Central rulers themselves being from the Congress (I) the army would not have dared to tie say an HKL Bhagat, or JagdishTytler or Sajjan Kumar on to the front of a jeep and parade him around to ensure that the violence came to an end. Even in hindsight the idea would appear to be not only politically unthinkable but also not the one the army would have adopted; it sounds almost blasphemous.
During the 2002 anti-Muslim violence in Gujarat could an enterprising army personnel ever think of tying the henchmen of Dr. Maya Kodnani to the front of a jeep and parade them around to ensure that the arsonists and killers would move away and stop violence? Maya Kodnani was a senior BJP party member and has been sentenced to twenty eight years in jail for murder and other crimes in 2002 Gujarat riots. Could any army man have had the courage to tie a member of the Sanghparivar or BJP and parade them around to ensure that peace prevails? The whole thought is unthinkable. Not that human rights activists would have supported such an attempt by the army even in the face of genocide of Muslims.
Finally, in the present context would any Major Gogoi have the courage to tie a GauRakshak – whom Modi had described as criminals in the night in one of the rare truthful statement ever made by the Prime Minister – on to the front of an army jeep and parade him around in a situation when such lumpen elements in hordes surround a Muslim or Christian or Tribal or Schedule Caste Hindu and assault him to death on the assumption that he was a beef eater!
One thing which is pertinent to observe is that in spite of so many voluntary workers doing their bit for the victims the leadership of the work was always a collective one. Equally true ‘peace warriors’ like Lalita Ramdas and six hundred more volunteers were able to put the broken lives of thousands of victims back in place and into the mainstream. I salute them belatedly. But for them some amongst the victims would have joined the ranks of separatists in Punjab demanding a theocratic state of Khalistan; it is this role of these selfless workers which needs to be made the ideal for army men posted in conflict areas like Jammu & Kashmir.
Personally as a Sikh I was shit scared of moving out of my house till 3rd of November, 1984. During the first three nights after Mrs. Gandhi’s assassination  I had my surgical knife, presented by a doctor friend as a memento when I left LokNayakJayaprakash Narayan Hospital, New Delhi in 1981, ready; I was clear in my mind that if the mob descended on our house I would personally kill my sister with this knife before the rapists could set their eyes on her. The knife never got to be used. On 3rd of November volunteers of ‘Nagrik Ekta Manch’ escorted me to work in the relief camps where I could put my skills as an Orthopaedic Surgeon to some use. After working for about twenty six months amongst the victims, I had made a decision to stay unmarried. I did not want to leave an extra widow and orphans to be rehabilitated by peace warriors in the next round of anti-Sikh violence. Of course like all human beings I had till then also wanted to love, get married and raise a family. Life changed after 1984 riots – for all times to come.
In any developed democracy groups like ‘Nagrik Ekta Manch’ should collectively have been awarded the highest civilian award by the President of India. Anyway, my humble tribute to the six hundred peace warriors with due apologies to Alfred, Lord Tennyson:
“The Charge of the Peace Warriors”
Half a league, half a league,
Half a league onward
All in the valley of DeathWalked the six hundred
Forward the Peace Warriors
Charge for the arsonists and rioters
Into the valley of Death
Marched the six hundred
Abuses to right of them
Stones to left of them
Trishuls in front of them
When can their glory fade?
Honour the Peace Warriors
Noble six hundred

  • Trilokpuri, a resettlement colony where over six hundred men were burnt alive and had indeed turned into a valley of death.

P.S. This short piece takes into account the role of one major formation viz ‘Nagrik Ekta Manch’ but there were lots of other big and small groups e.g. ‘Sampradayikta Virodhi Andolan’. There were religious groups; other NGOs and individual efforts. But in all fairness ‘Nagrik Ekta Manch’ or their constituent members – Ankur, Action India, Saheli – continued to work for the rehabilitation of riot victims extending over several years.
Dr. P.S. Sahni is a member of PIL Watch Group. Email: pilwatchgroup@gmail.com

Wednesday, 7 June 2017

Questions To The Chief Justice of India on Justice C.S. Karnan’s Imprisonment Order

Justice-karnan
Sir,
  1. The seven judge Constitution Bench – which sentenced Justice C.S. Karnan to six months imprisonment for contempt of court through its order dated 9 May, 2017 states “Detailed order to follow”. Though thirty days have elapsed why has the detailed order not been made public till date through the Supreme Court’s official website(s) both old and new?
We have sent two emails[*] and one sms to the Registrar, Supreme Court of India; Public Relations Officer, Supreme Court of India; and the Chief Justice of India dated 30 May, 2017, 31 May, 2017 & 1 June, 2017 respectively enquiring if any order beyond the 9 May, 2017 order has been passed in the said case. No reply has been forthcoming from any quarter.

  1. Without the detailed order being written by the seven judges and made available to the public, how can the next legal step be effectively undertaken? How can the gag order on the media be challenged, for instance?

  1. The philosophy behind the contempt of court proceedings is to ensure that the majesty of the law and the courts is upheld. Since the Director General of Police, West Bengal has not been able to locate Justice C.S. Karnan or arrest him as per the order, how can the majesty of the law and courts be now seen to be upheld? One is not even sure whether Justice C.S. Karnan is dead or alive.

  1. After the 9 May, 2017 order has the Supreme Court taken any steps to ensure the well-being of Justice Karnan? Reportedly Justice Karnan suffers from unstable diabetes and his blood sugar can go up or down which could be fatal.

  1. If a habeas corpus petition were to be filed in the apex court how would it result in Justice Karnan being traced when the Court’s own order dated 9 May, 2017 has not ensured the whereabouts of Justice Karnan being located by the West Bengal police?

  1. During the summer vacation break while another five judge Constitution Bench was hearing the triple talaq case – of which you are a member – the learned counsel for Justice C.S. Karnan had brought it to your notice through a ‘mention’ that a dozen advocates-on-record in the Supreme Court have refused to file Justice Karnan’s petition to seek a review of the Court’s verdict because they are ‘scared of you’. What action has been taken against these advocates-on-record?

  1. Incidentally there are hundreds of cases (over 700 till 2010) involving constitutional validity or constitution of larger benches lying pending in Supreme Court for years – even decades – for regular hearing. The stated reason for not taking up these cases is that judges are not free to constitute larger benches. When you had taken up as the CJI you had assured that no cases would be taken up out of turn (as per media reports dated 14 January, 2017). The importance of triple talaq case cannot be understated. You had on 30 March, 2017 along with two other judges Justices N.V. Ramana and D.V. Chandrachud ordered that a five-judge constitution bench will rule on the constitutional validity of the practice oftriple talaq. May we remind you Sir, that on 2 February, 2016 the bench comprising the then Chief Justice of India T.S. Thakur, Justice Anil R. Dave and your good-self while hearing the curative petitions challenging the constitutional validity of Section 377, Indian Penal Code had ordered that these petitions be placed before a Constitution Bench comprising five Hon’ble Judges of this Court. The whole world knows Modi Government’s stance on triple talaqas also on Section 377, IPC.  Great hurry was shown in constituting a Constitution Bench for triple talaq case when long pending equally important – if not more important – cases  requiring Constitution Benches are lying in cold storage for years. Why was the first come first served principle not adhered to in deciding which case to take up first viz triple talaq or Section 377, IPC? Both involve human rights violations respectively of two minorities i.e. Muslim women; and sexual minorities. Even at this late stage the curative petitions on Section 377, IPC can be taken up on an urgent basis during your term itself.

  1. Since Justice P.C. Ghose had his last working day as the 9 May, 2017 itself and also has since retired on 27 May, 2017 how would the detailed order of the same seven judges be now delivered? As the Supreme Court official website does not show the promised detailed order till date, citizens would have valid apprehensions about the validity of an order written by six of the seven judges instead of the full coram. How would this anomaly uphold the majesty of the law and court? Would this not entail proceedings against Justice C.S. Karnan to be quashed and started afresh?

  1. Since you are due to retire on 27 August, 2017 would you, Sir, give a commitment that you would not accept any post-retirement assignment which the Government of India may offer to you? Such a commitment would be in the best of the traditions set by a former Chief Justice of India, Justice R. M. Lodha who had made such a commitment ahead of his retirement. Public memory is afresh about how a Chief Justice of India bagged the coveted post at the International Court of Justice, The Hague just as a Supreme Court assisted ‘settlement’ was arrived at in the Bhopal gas tragedy case. Reportedly a post at the ICJ is falling vacant in the near future.

Thanks,
Yours truly,
Dr. P.S. Sahni,
Member, PIL Watch Group

[*]“PIL Watch Group <pilwatchgroup@gmail.com>30 May 2017 at 14:08
To: supremecourt@nic.in
 Kind Attn: The Registrar, Supreme Court of India
Sir,
This is with reference to the SuoMotu Contempt Petition (C)      NO.1/2017 titled “In re: Sri Justice C.S. Karnan” pending in the Supreme Court of India before a special seven judge bench presided over by the hon’ble Chief Justice of India. The last order passed by the bench is dated 09 May, 2017 as per the official website of the Supreme Court of India.
As the issue is of immense public importance kindly let us know if any further order has been passed in the said case.
Thanks.
Yours sincerely,
Dr. P.S. Sahni,
Secretary, PIL Watch Group”
 

(Dr. P.S. Sahni can be contacted at pilwatchgroup@gmail.com.)