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.)