Justice Mudgal submits final IPL probe report to SC

Supreme Court India

New Delhi: Justice Mukul Mudgal Monday submitted to the Supreme Court the final report of its investigation into the allegations of betting and spot fixing in the 2013 edition of Indian Premier League (IPL).

Justice Mudgal committee that investigated the allegations against sidelined BCCI chief N. Srinivasan and 12 others submitted the report in a sealed cover.

The apex court bench headed by Justice T.S. Thakur, before which senior counsel Raju Ramachandran submitted the report Monday, said that it will be taken up for hearing as scheduled Nov 10.

In the course of the last hearing on the matter, the court gave Justice Mudgal committee another two months time to complete its probe.

Delhi government formation: Najeeb Jung invites parties for talks to end political uncertainty

najeeb_jung

New Delhi: Lt. Governor Najeeb Jung Monday invited BJP, Congress and AAP for talks, kick-starting fresh efforts to install an elected government and will take a final decision soon to end the eight-month-long political uncertainty in Delhi.

Sources in LG’s office said a “final decision” on the political situation is likely to be taken at the earliest based on views of the three political parties.

Jung first invited BJP for talks on whether it is interested in taking a shot at the power, being the single largest party in the Assembly.

Sources in BJP said the dominant view in the party is that it should go for polls and not take power by “manipulation” as Prime Minister Narendra Modi’s rating was still going “high” and enthusiasm among the party workers has increased following victories in assembly elections in Maharashtra and Haryana.

“We are preferring elections. There is little possibility of the party forming a government in Delhi,” a senior Delhi BJP leader told PTI, adding a final decision on the issue will be taken by the top leadership in a day or two.

Earlier, Delhi BJP Chief Satish Upadhyay and Union Minister Harsh Vardhan called on Jung. The meeting was described by the party as “informal”.

The Lt. Governor also invited AAP and Congress for talks on government formation although both the parties have been demanding fresh election and accused him of acting at the behest of BJP.

Both Congress and AAP have been maintaining that they were fully ready for fresh elections and accused BJP of running away from polls for “fear of defeat”.

The Everyday Violence of the Law: Chaitanya Tamhane’s Court

Chaitanya Tamhane Court

by Amit Basole, Sanhati

Chaitanya Tamhane’s directorial debut, Court, is a multilingual, award-winning film on the “quiet violence” of the judicial system and how the State uses it to suppress political activists. Financed by the Hubert-Bals Fund and private equity, it opened to rave reviews and won Best Director and Best Film in the International Competition section of the 16th Mumbai Film Festival. It also premiered at the Venice Film Festival earlier in the year, where it won the Lion of the Future Award for the best first feature. Court successfully invokes the mood of a trial based on patently ridiculous charges, conducted with no intent other than disciplining and harassment of an activist. A phenomenon that is all too common in India. The theme is very timely given the increasingly intolerant nature of the Indian State and the large number of political prisoners languishing in jail all across the country.

The film follows the trial of Narayan Kamble (Vira Sathidar), a Dalit political activist and lokshahir (people’s poet) who is arrested on stage during a performance in Bombay on charges of “abetment of suicide.” The police claim that Kamble has penned and performed “incendiary” lyrics calling on Dalits to “drown themselves in sewage” provoking a municipal sanitation worker to actually take his own life by drowning in the very sewer it is his duty to clean. The absurdity of the charge is matched by the (mock?) seriousness with which it is pursued but the police and the officials of the Sessions court. While the politics of false charges and suppression of activists via legal means is an important theme in the film, Tamhane also uses the context of the trial to explore the everyday lives of the principal actors in the courtroom; especially the lawyers for defense (producer Vivek Gomber) and prosecution (played by Geetanjali Kulkarni), and the judge (Pradeep Joshi). What emerges is how extraordinary injustice is embedded in quotidian affairs. The prosecution lawyer argues against bail, ensures that an honest man of advanced years rots in police custody for no reason at all and then goes home to cook dinner and watch TV with her family.

The ponderous legal system is certainly the main protagonist, as is evident in the name of the film. And as a useful counterpoint to the brilliant and satirical Mohan Joshi Hazir Ho, Court forces us confront the fact that the byzantine alleyways of justice and the proverbial tarikh pe tarikh, are not merely the unintended result of an uncaring and bureaucratic system but rather used deliberately by the State to remove its more inconvenient citizens for some time, say three or four years. At which time it is the headache of the next set of rulers.

As noted by other reviewers, Anand Patwardhan’s Jai Bhim Comrade could serve as the primer or backdrop to Court. Vilas Ghogre the activist and singer with whose suicide over the Ramabai Nagar police firing in 1998 Patwardhan begins the film, could be Narayan Kamble. Indeed the protest poetry that Kamble sings from the stage has been penned by Ghogre’s friend and fellow activist Sambhaji Bhagat, a renowned and powerful lokshahir. Vira Sathidar who plays Kamble is himself a left Dalit political activist and editor of the radical Nagpur-based journal Vidrohi.

The film’s casting is brilliant (and took several months). Vira Sathidar is spot-on as Narayan Kamble. Being an activist himself he knows how to behave, stand, move and speak. His performance to the powerful lyrics of lokshahir Sambhaji Bhagat is also utterly convincing. Film producer Vivek Gomber as Vinay Vora is also very good, as are all the other actors (Geetanjali Kulkarni as the prosecuting attorney, Pradeep Joshi as Judge Sadavarte). Several members of the cast are not professionally trained actors. For example, the woman who plays the wife of the drowned municipal worker is actually the wife of such a worker who lost his life. The films skillful use of Bombay’s multilingual milieu should also be commended. Tamhane uses Marathi, Hindi, English, and Gujarati as needed according to the social context. This may not seem like a big deal, but if one notes how few films are able to do justice to the multilingualism that exists in Indian cities, this emerges as a major achievement.

While the overall aesthetic of the film is “documentary-like” with real locations and use of non-professional actors, Tamhane also makes extensive use of wide-angle shots, very long duration takes, and dramatic contrast cuts. This is a bold move on part of a first-time director since it makes him vulnerable by exposing large compositions to the viewer for long periods of time, to imbibe and criticize. But on the whole the move works well. Wide shots give Bombay city a starring role in the film conveying a sense of social context in which the action is embedded. We see other people, incidental to the scene going about their lives. The long takes slow down time invoking in the viewer a feeling of what it must feel like to be involved in an interminable court case where everything moves at a glacial pace.

The director noted during the Q & A that he is particularly interested in exploring the experience of the law in a Sessions court as a counter-point to the glamorous upper level courts with oratorical performances and tightly woven arguments. Here lawyers need not be articulate and proceedings are simultaneously intensely procedural but also highly disorganized. For example witnesses don’t show up for months because they are “ill,” stock (professional) police witnesses are used, charge sheets are read out in their entirety in monotones, arguments are not convincing, and logic borders on farce.

Overall, Tamhane has made a strong debut and has tackled an extremely important theme in a sensitive manner.

But the film does suffer from some problems. While the story and screenplay has been called understated by some reviewers, I found little subtlety in the treatment. Not much is left to the viewer’s imagination. Deliberate contrast cuts, e.g. from a softly lit, fashionable Bombay nightclub to a harshly lit, bleak, sessions courtroom are dramatic but also a tiny bit heavy-handed. The film ends with a scene showing Judge Sadavarte dozing off on a park bench while on a family vacation in Arnala (resort town near Bombay). Meanwhile the under-trial languishes in judicial custody. But where the director chose to end the film is also worth noting. In the last scene, the judge dozes on a park bench while some kids from the family stand nearby and giggle at him. They then come close, shout loudly and startle him out of his nap. He wakes up abruptly, scolds them harshly and falls back to sleep. The end. The obvious conclusion: despite the occasional irritant, justice sleeps on vacation. But if the film had ended with the judge being rudely awakened out of his slumber by the children, how different would the implication have been? Perhaps Tamhane felt that such an optimistic ending would have been out of keeping with the general mood of the film.

Further, the political prisoner theme naturally lends itself to some difficult political questions. In an attempt to make the story “interesting” Tamhane gives the defense lawyer a highly privileged background while making the prosecuting attorney come from a modest, lower-middle class home. The irony is in a scion of a Gujarati business family (his father owns an entire building in Bombay) forging a relationship with a poor, Marathi Dalit activist. Linguistically and in class terms, perhaps the lower-middle class (though most likely Brahmin) prosecuting attorney is closer to the accused than his own lawyer.

In fact, Tamhane goes to great lengths to establish the points of difference between Vora and Kamble. The lawyer speaks English-medium quality English, shops for expensive wine and cheese, frequents upscale nightclubs, listens to jazz in his car and watches news about the Jaipur Lit Fest on his Apple Macbook. He also does not speak very much Marathi. In one telling scene, while the accused is on stand in the courtroom being cross-examined by the prosecution in Marathi, the defense lawyer pleads for the proceeding to occur in Hindi. The accused, Kamble, says he is more comfortable in Marathi. Vinay Vora is thus the epitome of the “outsider” as far as Narayan Kamble’s social context is concerned.

What are we to make of this? In the Q & A after the movie, the director defended this set-up by saying it was “more interesting.” Perhaps so. But what message does it send? We are never told how Vora comes to defend Kamble, what the former thinks about the latter’s politics and struggle. It doesn’t appear to be the case that Vora is simply a public defender who has been assigned the case. Rather he seems to be Kamble’s lawyer. Certainly upper class lawyers can and do choose to fight such cases. But what is being suggested by drawing attention to how out of touch with his client’s life and social context the lawyer is?

This connects to the films intended audience, which not surprisingly seems to be the English-speaking middle class. This is a good thing, in so far as the film enables a class that has minimal contact with this side of the justice system to get a peek into its workings. But unfortunately, a voyeuristic peek and a coming away with shaking of the head at the deplorable state of affairs is all we are likely to have here. The film does not really unsettle any middle-class conceptions. Rather it confirms them. In the process it even makes fun of all the characters, apart from Vora and Kamble, that inhabit this universe (judging in part by the audiences’ laughter, for which the director of course cannot be entirely help responsible). Their earnestness in following court protocol, their heavily Marathi-accented English, one suspects even their lack of cosmopolitanism, become objects of amusement. A link of sympathy is forged between the audience, Vora, and Kamble, bypassing the social classes in the middle, who are mostly hostile.

What is also missing is a sense of the community from which Kamble comes or for which he has dedicated his life. There are references to the youth who form part of his cultural troupe and one young man is shown working with Vora. But that is all. Ironically we get back-stories or backgrounds for everyone but Kamble. We don’t see his family or where or how he lives, who his friends are. He is the archetypal “wronged Dalit.” Not innocent, he is, after all, political, but a two-dimensional representation of a Dalit activist, nevertheless. The dead municipal worker of course needs no backstory because he is not a person. He stands for the most degraded citizen who society literally kills with its waste.

It is possible that the director did not venture far in this direction because he wanted to stay close to the kinds of people he feels he knows well enough to characterize convincingly. It is also possible that, as is evident in the title of the film, he was more concerned with exploring the characters that inhabit a Sessions courtroom. But then a political trial which eventually progresses to a sedition charge under UAPA, no less, was not the best way to explore those characters, since much larger themes are raised by doing so and they must be dealt with.

But the complaints above notwithstanding, on the whole Court is a welcome development in Indian cinema from an assured and sensitive directorial voice. Such honest filmmaking especially on dissent is greatly to be desired given the narrowing of space for critical thinking in the Modi-obsessed middle-class. We look forward to many more films from Chaitanya Tamhane.

Communal poison in Delhi’s air: Open Mahapanchayat against Muharram procession in Bawana

Provocative posters and speeches in Bawana have raised fears of a communal flare-up

Provocative posters and speeches in Bawana have raised fears of a communal flare-up

by Ayushi Rawat, India Resists

Today some of us reached Bawana on getting the news of possible communal tension since a Mahapanchayat had been called by some Hindu right wing groups to incite against the Muharram (Tajiya) procession yet to happen on the 4th of November. This was a part of the on-going tension that started at the time of Eid this year.

Listening to the Mahapanchayat was a horrific experience but even more crushing was the vulgar State-Hindutva nexus that was being displayed on stage. The right wing leaders along with the BJP MLA Gugan Singh Ranga present on stage and the ACP attending the tamasha. The meeting was basically called as a show of power as well as a part of the larger fear generating and hate instigating mechanism of the fascist forces. Every speaker on the stage came and aggressively spoke about why the Tajiya should not be allowed to enter the Bawana village area and that the Muslim community should restrict itself to taking out the procession “only in their area”; they went to the extent of saying that they have collected over 3500 signatures for the same and informed the administration and openly warned in public that if this demand was not accepted, the consequences would be dire, “Agar Tajiya yahan se nikla toh jo bhi maar-kaat hogi uske liye hum zimmedaar nahi honge” (If the procession moves from here, then whatever violence happens, we will not be responsible for that).

mahapanchayat-Hindu-delhi

With statements like, “Tajiya nahi niklega, hum khuli chunauti dete hain.. Hum yahan ke moolnivaasi hain… Hum sankalp lete hain ki hum hamare gharon ke saamne se Tajiya nahi nikalne denge.. Hum kamzor nahi hain…” (The procession will not go from here, we are giving an open challenge… We are the original inhabitants… We pledge that we will not let the procession go from in front of our houses… We are not weak…) There were repeated appeals to the close to 1000 yuva, the youth (which implies young macho-muscular adrenaline-infused boys) to instigate violence and be ready to oppose the procession’s entry strongly, with whatever means that they would find fit. The number of hate speeches was endless, references to words like talwaar and petrol were endless, the threats were endless, the voice was always aggressive, and the references to the legitimacy that “Modi Sarkar” now gives to these Mahapanchayats and ensuing riots were blatant. Towards the end, there was an open in public announcement that, “Sabhi bhai apne phone numbers yahan par likh dein.. Taaki hum gopniya tareeke se aap logon ko bata sake ki 4 taarikh ko kya karna hai.. Aap 4 taarikh ko tayyar rahein, Tajiya sham ko niklega…” (All the brothers should write down their phone numbers here… So that we can secretly inform you that what is to be done on the 4th of November… All of you be ready on the 4th, the Muharram procession would be in the evening…)

What is this if not an open instigation for a pogrom? It is only after we went and interacted with some people in the J.J. Colony, which is where the Muslim population mainly resides, that we got to know that the decision for not taking out the Tajiya in the Bawana village area was already deliberately taken by the Muslim community on 28th of October after the ACP appealed to them to do so. Some leaders in the community said that they did not want to incite violence, they did not want any tension to further deepen and that is why they decided to do so. Then what is the meaning of this show of power and Mahapanchayat, asked some of the young people in J.J. Colony. The youth seemed very hurt by the rise in such incidences after the new government came to power. One of the young boys said, “Hum Diwali bhi manate hain, Holi jab hoti hai toh wo bhi manate hain, hum musalmaan hain phir bhi hum sochte hain ki hum respect karte hain.. Ye desh jitna hinduon ka hai utna hi musalmaano ka bhi hai.. Phir hamare tyohaaron pe ye is tarah se kyun kar rahe hain?” (We celebrate Diwali, we also celebrate Holi, we are Muslims yet we respect… This country belongs to Muslims as much as it belongs to Hindus, then why such discrimination towards our festivals.) They also reported that there was no such feelings of communal hatred among the Hindus and Muslims residing in J.J. Colony, and that all those 1000 young men attending the Mahapanchayat mostly were not locals and were called from outside.

But this, the State does not find wrongful, this they do not find criminal, this they do not find threatening, this they think is something that they can enjoy with cups of chai and samosas without blinking a bloody eye! Shame on the Indian State!

CPI-ML booklet outlines western UP’s communal scene

Muzaffarnagar_riots

Lucknow: The Communist Party of India-ML Saturday released an exhaustive report as a 32-page booklet on the communal situation in western Uttar Pradesh.

The booklet titled “Paschimi Uttar Pradesh: Sampradayik Fasivaad ki nayi Prayogshala CPI(ML) ki tathyatmak padtaal” (Western UP: the new laboratory of communal fascism — a factual account) accuses the Bharatiya Janata Party (BJP) of inciting communal passions in western UP in the run-up to the Lok Sabha elections earlier this year.

Releasing the booklet at the UP Press Club, senior Left leader and CPI-M politburo member Mohd. Salim said the BJP was trying to foment similar passions “with renewed energy” in wake of its Mission 2017 when assembly polls will be held.

He accused the BJP of inciting people over small rumours and frivilous incidents and giving them a communal tinge.

Salim said: “The BJP under directions from the Rashtriya Swayamsewak Sangh is out in a planned way to destroy the social fabric of the country and state, as a result of which communal hatred is making serious inroads in western UP.”

Citing “Love Jihad” and religious conversions as examples of the BJP agenda, the Left leader added that after the National Democratic Alliance (NDA) government took over in Delhi, communal incidents have gone up in many parts of the country.

He said that the CPI-ML had undertaken a detailed fact-finding mission in western UP to get to the bottom of the 2013 Muzaffarnagar riots that killed 63 and displaced several thousands.

Salim said he himself, All India Kisan Mahasabha state president Jay Prakash Narain and state committee member Ramayan Ram were tasked to carry out the scrutiny.

The booklet, he added, was a product of this probe. Earlier the CPI-ML had also released a booklet based on the criminal and political conspiracy behind the Muzaffarnagar riots.

(IANS)