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You are here: Home / Archives for Delhi Police

Statement on the recent communal disturbances in Trilokpuri

November 5, 2014 by Nasheman

Trilokpuri-violence

by People’s Alliance for Democracy and Secularism (P.A.D.S)

(Members of P.A.D.S. have been interacting with and visiting residents of Trilokpuri ever since the communal disturbances started on Oct 23. Along with many other citizens we are involved in efforts to re-establish peace and in providing legal aid to those wrongfully arrested. This statement is based on our experiences.)

The inhabitants of Trilokpuri, a densely populated neighbourhood of working people in Delhi, went through a harrowing week after Diwali night on 23 October. A brawl around two places of worship that night proved to be the first event. Although the situation appears to have settled down that night, some motivated planning and mobilisation must have taken place that night itself, because the next day it was a full scale communal clash. Armed mobs from outside the locality are reported to have joined the rioting that involved brick throwing. Firearms were also used and two boys suffered critical bullet injuries. Inhabitants are emphatic that the police fired into the crowd. The police first denied firing at all. Its latest claim is that it fired only in self defense. One apparel show room owned by a Muslim resident was gutted. Police intervened in force only two days after the clashes started. It turned the neighbourhood into an occupied war-zone. More than fifty men and minor boys were arrested randomly, many picked up forcibly from their houses amid verbal abuse and physical violence. Road intersections were barricaded and entry and exit points were closely monitored. Drones were used in surveillance and houses systematically searched. Essential supplies were in short supply. Daily wage earners, contract workers, and self employed who could not go out lost their source of livelihood. Seriously wounded and ill had no access to medical aid. While the entire neighbourhood suffered in one form or another, inhabitants of three blocks in particular, nos 15, 27 and 28, and attached jhuggi clusters, mainly occupied by citizens who are Muslims bore the brunt of police action.

All this happened at a distance of less than ten kilometers as the crow flies from the center of state power in India’s capital. National elections five months ago were won by Mr Narendra Modi who projected a ‘strong man’ image and promised that he would provide ‘achhe din’ of decisive and effective governance. In reality, the face of the Indian state in Trilokpuri these days is ugly. First, institutions of the state, its police, bureaucracy, and all political parties associated with it failed to prevent a localised scuffle from flaring into a violent riot. And second, when the state did show up, only its authoritarian jack boots were seen on the ground. It further terrorised people already battered by rioting and public violence. It did not take any steps to initiate dialogue between affected communities, and provided no relief or medical aid. Its social institutions like schools, anganwadis, health centers, or the police organised peace committee, etc. simply collapsed. Three fourths of the arrested people are Muslim citizens. Some of them are migrant workers. Arrested people were abused and beaten up while in police lock up. Many of them had visible injuries when presented in front of a Magistrate in the Karkardooma court on 26th October. They were not provided any medical aid or food for nearly two days.

The Trilokpuri neighbourhood has a traumatic past. It was established in the mid seventies of the last century during Emergency. It is a so-called resettlement colony, in which people forcibly displaced from inner city were settled and given land titles. The displacement and settlement process was often violent. The most gruesome massacres of Sikh citizens in Delhi in 1984 took place in Trilokpuri and neighbouring Kalyanpuri. Despite the fast economic growth and massive urbanization in the past two decades in India, settlement patterns in cities continue to be segregated by religion. Most of Trilokpuri is inhabited by Balmikis, a scheduled caste, classified as untouchables in the orthodox Hindu varna order. After the Sikhs migrated out, Muslims are the other community, who are concentrated mainly to three out of thirty blocks. Recent migrants in search of work form a significant part of the population. They are also settling along community lines. The twenty five square yard plots originally alloted have now risen to three-four storey pucca structures, providing a decent rental income to original owners. There are also occasional cars parked in narrow streets. The little prosperity that has trickled into this neighbourhood has however not brought secure peace. Residents often complain of brawls and other forms of every day violence. The area reportedly also suffers from petty crime syndicates operating under police protection. Nevertheless, for thirty years since 1984, the neighbourhood escaped communal violence. Even the weeks following demolition of Babri mosque in 1992 passed peacefully.

Recent events in Trilokpuri reveal the character of Indian society and state that do not portend well at all. All experiments in Fascism, that involved selective violence against minorities to consolidate a nation, have relied upon mass support. The India of 2014 can not be said to be impervious to such schemes. The political success of BJP in the national elections has emboldened Hindutva elements to openly target religious minorities and mobilise aggressively around sectarian demands. The ex-MLA from the BJP is reported to be part of the communal organising in Trilokpuri. Communal polarisation is proving to be a successful electoral strategy for the BJP. It is exploiting economic, political, gender and caste anxieties in a fast changing society which has not developed a strong popular democratic consciousness. The tragedy of politics at the moment in India is that none of the competitors of the BJP have a clue about how to counter its dangerous mix of religion and politics with a leader enjoying mass support. The Aam Aadmi Party in Delhi had succeeded in getting the support of Muslim and Dalit voters in the last assembly elections and currently holds the Trilokpuri seat, but it is afraid to come out publicly against communal violence lest it disturbs its electoral calculations. Congress is in severe decline and absent from the scene. No mainstream political party in India has had the wisdom and ideological clarity to realise that treating society in terms of the majority- minority framework actually validates communal agenda, and that the counter to communalisation of politics is an unequivocal assertion of citizenship rights of every one.

It is also obvious that the Indian state, while seemingly democratic in some aspects, is also undemocratic in some fundamental ways. It does not consider the protection of democratic rights of its citizens as its prime responsibility. It regularly attacks rights of the poor and socially marginal, which at present also include religious minorities. Indian state still follows the colonial authoritarian policy of treating moments of deep social strife like riots as a ‘law and order’ issue, and its first action is to enforce its brutal authority over people, rather than help the victims. Further, over time the Indian state institutions have been communalised. None of the victims of communal riots in India, including the most gruesome ones, of 1984 in Delhi, 1992-3 in Mumbai and 2002 in Gujarat have received justice. Commission after commission on riots in India have found the police and administration to be authoritarian and partisan. Yet, if nothing has changed, there obviously are powerful social and political forces that wish to use this character of Indian state for their own ends.

The social ideological environment of neoliberalism has encouraged religiosity and public assertion of religious identities, while weakening mass based mobilisations against oppression and exploitation. This is happening in all communities. Right wing political forces claiming to represent specific religious communities are using the opportunity to develop new kinds of aggressive religious practices that lead to social strife and communalise the society. This is a new challenge which democratic and secular forces have to contend with. Barring a few exceptions, the media in the capital has played a partisan role during recent developments in Trilokpuri. English language newspapers and TV channels that cater essentially to consumerist aspirations of urban propertied and professionals have spread the police version of rioting, which blames Muslim residents of the neighbourhood. They are more interested in sustaining a consumerist utopia unencumbered by social disturbances, rather showing the sufferings of the marginal and the physical abuse of people arrested by the police. Many residents of Trilokpuri work as maids, drivers, security guards and provide other services to the upper middle class residents of neighbouring Mayur Vihar. Yet life in the latter went on as usual.

P.A.D.S. appeals to the citizens of Delhi to disregard aggressive sectarian demands, provocations and rumours by communal forces and defeat their plans to communalise society. Secularism of the state and society is necessary for everyone, believers of different religions and non-believers, to lead a peaceful life without discrimination and persecution. Before succumbing to calls for their so-called ‘community’ interests all citizens should ponder over what kind of society they wish to live in. The one based on hatred, religious discrimination, national chauvinism, or the one which is inclusive and respects citizenship rights of everyone. We appeal to the working people of the city, who constitute the overwhelming majority of its population, to organise and fight together against their economic exploitation, caste oppression, price rise, police extortion, and deplorable condition of public services like hospitals, schools, and transport, rather than against each other.

P.A.D.S. demands following from Delhi state administration.

  1. All administrative and police officials who failed in their duty to prevent rioting, made random and wrongful arrests, and physically abused citizens should be punished.
  2. All residents who suffered physical injury, mental trauma, wrongful arrest and loss of livelihood and property during riots and subsequent police occupation of the neighbourhood should be adequately compensated.
  3. All citizens arrested should be granted immediate bail. Cases against those arrested wrongfully withdrawn immediately, and other cases settled expeditiously so that arrested people and their families can lead a normal life as soon as possible.
  4. A judicial commission of inquiry should be constituted immediately to find out culpability of state administration, and of the political leadership of any party in fanning the communal violence.
  5. The ‘official’ peace committee established by the police has proved completely ineffective. It should be revamped and representatives of the organisations working in the area should be included in it. Its meetings should be held regularly and publicly.
  6. Many areas in Delhi are potential flash points for communal violence. There are many reports of aggressive sectarian demands made by ‘panchayats’ and ‘mahapanchayats’. All those making illegal demands and spreading false propaganda about others should be dealt with firmly, so that citizens of other parts of the city do not suffer what Trilokpuri residents are going through.

Filed Under: India Tagged With: Bawana, Communalism, Delhi, Delhi Police, Muharram, PADS, People's Alliance for Democracy and Secularism, Trilokpuri, Trilokpuri Riots, Violence

Communal tension and violence in different parts of Delhi – Citizens letter to the National Commission for Minorities

November 4, 2014 by Nasheman

Trilokpuri-riots

New Delhi: A delegation of social activists, citizens and academics met the National Commission for Minorities regarding the communally volatile situation which is developing in and around various resettlement colonies across Delhi.

The following representation was submitted to the NCM and later to Police Commissioner’s office and LG’s office.

The Chairperson
National Commission for Minorities
The Police Commissioner
The Lieutenant Governor
Delhi
November 3, 2014

Dear Sir,

We are writing to you to communicate our concern regarding recent spate of communal tension and violence in different areas and the rising sense of insecurity in the Muslim community of Delhi. At several instances, organized campaigns have been taken to spread hatred and create tension centering religious festivals. Trilokpuri riot is the latest instance of such violence. Since 1st November we are getting news of communal tension being created in Bawana. Several of us have communicated our concern regarding that to concerned authorities. Here we would like to point out these concerns as well as our appeal for proper steps to be taken in that context-

  1. A mahapanchayat was held in Bawana on the eve of Mohurram on 2nd November with a clear intent to create communal tension and polarize communities on religious lines. The Mahapanchayat didn’t have permission from any authority. The administration allowed it to happen in spite of several requests to stop it.

  2. In the above mentioned Mahapanchyat threatening language was used and it was announced that Tazia procession during Mohurram should not be allowed to happen.

  3. Muslim community in Bawana is under tremendous pressure and is feeling threatened.

  4. We have information that the leaders from the ruling party at the Centre are working in tandem with the organizers of the Mahapanchyat.

  5. The unlawful nature of this whole campaign against Muslims is evident from the poster announcing the Mahapanchayat which has been used to mobilize people for the same.

  6. There are reports of communal tension from Nandnagri, Majnu ka Tilla and Timarpur while the wounds of Trilokpuri are yet to be healed.

  7. In the context of Trilokpuri, the role of the police has raised several questions. Initially, the lack of action from the police emboldened the rioters to unleash violence. When the police acted, rather than arresting well known instigators of the riot, the police has arrested people and filed FIRs arbitrarily. It is also a matter of concern that most of the arrested people belong to the minority community. We have also reports of police brutality on the arrested people in Mayur Vihar police station. Those who are arrested right now are in Tihar Jail ( Jail no 8). We have come to know from the relatives of the arrested persons that several of them who are injured because of the police brutality in Mayur Vihar police station are not getting proper medical treatment. This is a request to you to ensure that all the arbitrary FIRs are cancelled, proper medical facility is given to those imprisoned in Tihar jail and action is initiated on those Police personals that are responsible for violence on arrested persons.

In view of the above mentioned events and facts, we would request you to kindly ensure that organizations and individuals indulging in communal mobilization are restricted and proper vigilance and security is in place and the religious rights of Muslims are safe guarded.

We would like to point out that in the wake of communal tension in Trilokpuri, Muslim community faced violence and arbitrary arrest at the hand of police. It is important that the trust of the members of minority community over administration is not shaken further.

We are also attaching the poster announcing the Mahapanchyat and recordings of speeches spreading communal hatred in Bawana along with this letter.

Thanking You,
Yours sincerely

On behalf of:

Devendra Bharti, Dhruv Sangari, Kiran Shaheen, Mohd Aamir, Naveen Chander, Nayan Jyoti, Om Prasad, Onkar Mittal, Ovais Sultan Khan, Prof Apoorvanand, Rakhi Gupta, Shabnam Hashmi, Subhashini, Sucheta De, Viren Lobo

Filed Under: India, Indian Muslims Tagged With: Bawana, Communalism, Delhi, Delhi Police, Muharram, National Commission for Minorities, NCM, Trilokpuri, Trilokpuri Riots, Violence

AAP sees political design behind violence in Trilokpuri, demands probe into BJP’s role

October 27, 2014 by Nasheman

Trilokpuri-violence

New Delhi: While demanding the probe into the role of former BJP MLA Sunil Kumar Vaidya in the Trilokpuri riots, the Aam Aadmi Party has alleged on Sunday that the communal violence in Trilokpuri area of East Delhi was a pre-planned act in order to polarize the society on communal lines for political ends. The party said it is an unpardonable act which has been committed in a pre-planned manner to polarize the society on religious lines. It appealed to the people of the area to maintain peace and clam, and no attention should be given to rumours being spread by vested interests to create discord between communities.

The AAP had sought a report from its MLAs – Raju Dhingan and Manoj Kumar, representing Trilokpuri and Kondli assembly constituencies about the reasons behind the communal flare-up and the prevailing situation. It said that both of them have been spending their nights in the affected area to prevent any further disturbance. The first-hand account narrated by them has brought out very disturbing developments, which makes it clear that there is a political design behind this communal tension in Trilokpuri and its adjoining areas.

AAP demanded that Delhi Police should probe the role of former BJP MLA Sunil Kumar Vaidya in the entire incident, since there are credible reports that he had convened a meeting on Diwali night and trouble started only after that. It needs to be investigated what was the purpose of inflammatory meetings on Diwali night and where did the group led by this BJP leader go after their controversial meeting.

The attempts to create communal discord need to be nipped in the bud and the Delhi administration needs to fully wake up before it is too late.

The party said it has been reported in the media that the union home ministry had alerted the Delhi Police about the possibility of communal tension around Diwali in some parts of the capital, since neither the home ministry nor the Delhi Police have denied the existence of such an advisory, the people of Delhi have a right to know what preventive steps were taken.

Slamming the Center, AAP said that exchange of information is meaningless if there is no political will to take action and when precedents of Uttar Pradesh are already there, the central government which is controlling Delhi by proxy has a lot to explain.

Filed Under: India Tagged With: Aam Aadmi Party, AAP, BJP, Communalism, Delhi, Delhi Police, Manoj Kumar, Raju Dhingan, Sunil Kumar Vaidya, Trilokpuri, Trilokpuri Riots, Violence

Book Excerpt: Kafkaland: Prejudice, Law and Counterterrorism in India

October 27, 2014 by Nasheman

by Manisha Sethi

Once I had to drive a Mumbai ATS inspector across the city. He chatted about his B.A. degree (he too had studied Sociology), took an interest in my Ph.D. dissertation (“poor young girls were initiated into nunhood”), recommended the SUV that zipped past us (“value for money”). But we were not out sight seeing. In the rear seat was sitting a young man whose brother had been literally plucked by the ATS from the Delhi Police Special Cell which he was helping track down some suspects. He was then charged with conspiring the July 2011 Zaveri bazar blast in Mumbai. The ATS had now come calling on this young man, to take him to Mumbai, ostensibly to ‘question’ him. But questioning often means warrantless arrests, illegal detention and torture leading to leaked stories in the media and charges of terrorism.

KafkalandThe ATS team had arrived in the middle of a press conference. This effectively frustrated their simple enough plan to carry away Nadeem (name changed)   for uninterrupted interrogation in the comforts of their police station. Slightly irritated at our presence, and shivering from the assault of the Delhi December cold, the ACP who headed the team began to enquire from this young man. The gist of his inquisition was this:

“What did your brother tell the Special Cell?”

“Wouldn’t it be simpler to pose this question to the Special Cell?”, we asked.

“Protocol”.

Apparently, the protocol is to whisk away suspects, or even their brothers.

So, now, here we were discussing sociology, Jain nuns and large cars, headed to the Nadeem’s house for a search at the other end of the city.  “Why do you illegally detain suspects?”, I turned to a less pleasanter topic. “How would it hurt to send summons to those you wish to interrogate?”

The Inspector looked genuinely hurt. “Illegal detention? Never. We always take the person out for a walk after 23 hours.”

It was one of those tragi-comic moments when one isn’t sure whether to laugh or cry. Here was an officer of law telling us that the legal requirement of producing an arrestee before a magistrate within 24 hours could be circumvented ‘legally’.

This brief encounter was but a glimpse into the ease with which norms are institutionally subverted. It also gave us a first hand experience of the dread of being pursued. When every knock on the door, every ring of the phone makes your stomach churn; when the grey of the evening appears full of foreboding. But worst of all, the knowledge that no one may be able to help you from being taken away.  The stories in Section I bear the imprint of this terror, felt as a visceral force. Some months after the above incident, I chanced upon a letter sent out by an accused in the Mumbai train bombings of 2006. The address was marked Anda Cell, Arthur Road prison. It was a grim chronicle of Ehtesham Qutub’s 75-day-long custody in the ATS.  One name leapt out of this letter of horror. It was the name of the Inspector.

He, who had amiably offered expert comments to me on my Ph.D. thesis, sympathizing with girls “who were tortured into becoming nuns,” played a starring role in the letter as the master of ceremonies, conducting and executing a regimen of excruciating pain on the man under his power. This letter appears in “Dr. Narco and other Stories”, which recounts the centrality of torture and cavalier prejudice to the Mumbai train blasts investigations. But this affliction is not unique to the Mumbai ATS; Section I shows these to be fundamental to all terror investigations: the Uttar Pradesh STF working on the Katcheri blasts of 2006, the Special Cell of Delhi Police which abducted the IB’s informers and produced them in a dramatic press conference as Al Badr operatives; the Hyderabad Crime Branch – acting sometimes in collusion, at other times in competition, all tied tenuously by the shadowy Intelligence Bureau.

Nothing compares to the fear of the early days.  With time however, the long arm of law manages to transform this palpable terror into a dull, unending ache.

Manisha Sethi is currently Fellow, Nehru Memorial Museum and Library. She teaches at the Centre for Comparative Religions and Civilizations, Jamia Millia Islamia, New Delhi. She is also Associate Editor at Biblio: A Review of Books. Her book Escaping the World: Women Renouncers among Jains was published in 2012. Sethi is an activist with Jamia Teachers’ Solidarity Association (JTSA).

The book is published by Three Essays Collective. To order the book click here. For updates, like book’s Facebook page.

Filed Under: Books Tagged With: Book Excerpt, Books, Counterterrorism, Delhi Police, Delhi Police Special Cell, Human rights, Jamia Teachers Solidarity Association, JTSA, Kafkaland, Law, Manisha Sethi

Concerned civil society members petition Lt. Governor, Delhi Police over Trilokpuri riots

October 27, 2014 by Nasheman

Trilokpuri-riots

New Delhi: Concerned members of the civil society have petitioned to the Lieutenant Governor, Delhi Police over communal riots in Trilokpuri and expressed deep concerns about the “role and steps taken by the police” in the process of restoring communal peace and harmony, and ensuring legal justice.

They wrote that they are worried by reports that many young men are being illegally detained for long periods, and political representatives of one segment of the young men are being permitted to enter the police stations, whereas other lawyers and senior activists are not being permitted to enter the police stations.

“Rightly or wrongly, this has created an impression of communal and political bias and a lack of fairness. This is not conducive to restoring peace in the area,” the petitioned.

They demanded that the local police are firmly instructed to function in ways that are transparent, bipartisan and fair. “We further demand that all persons who are detained in connection with the violence are presented before a magistrate, and due and fair process of law not only followed but seen to be followed by all affected people,” the petition read.

The following petition signed by activists, academicians and citizens have been sent by email and fax to the Lieutenant Governor and the police commissioner today over communal violence:

To

Lieutenant Governor of Delhi
&
Police Commissioner, Delhi
October 26, 2014

We the undersigned and many other citizens of Delhi are deeply concerned about the role and steps taken by the police in the process of restoring communal peace and harmony, and ensuring legal justice, following the recent communal tensions in Trilokpuri, Delhi.

We are worried by reports that many young men are being illegally detained for long periods, and political representatives of one segment of the young men are being permitted to enter the police stations, whereas other lawyers and senior activists are not being permitted to enter the police stations. Rightly or wrongly, this has created an impression of communal and political bias and a lack of fairness. This is not conducive to restoring peace in the area.

We therefore demand that the local police are firmly instructed to function in ways that are transparent, bipartisan and fair. We further demand that all persons who are detained in connection with the violence are presented before a magistrate, and due and fair process of law not only followed but seen to be followed by all affected people. We further demand that medical tests are done of all injured persons, and that family members and lawyers are permitted to meet the detained persons.

Yours sincerely

Signed on behalf of

Amit Srivastava
Anam Khan, Advocate, Human Rights law Network
Apoorvanand, academician
Areeb Rizvi
Asad Ashraf, Aman Biradari
Ashok Kumar Boudh
Ashutosh Kumar-JNUSU
Aslam Ahmed
Asrarul haque Jeelani
Chunni lal
Devendra Bharti
Dipak Dholakia
DR Rahul
Dvijendra Nath Kalia
Farhan
Ghazala jamil
Harsh Mander, writer, social activist, Centre for Equity Studies
Imkar Mittal
Jamal Kidwai
Jameer Abbas
Jaya Sharma, NoMore campaign
Jitendram- JNU
Kavita Krishnan
Kiran Shaheen
Kripal Singh
Lesley Esteves
Lokesh
Manisha Sethi, JTSA
Manoj Kumjar
Mohd Zakir Riyaz
Mukul Dube
Mukul Priyadarshi
Naveen
Nayan
ND Pancholi, advocate
Nusrat jahan
Poorva Bhardwaj, social activist
Prashant
Rajni Tilak
Rakhi Gupta
Sandeep
Santosh Kumar- sanhati
Satosh
Satya Sidhartha Pawar
Saurabh Naruka
Shabnam Hashmi, social activist, ANHAD
Shaoor Khan
Shefali & Sanjeev
Shipra Nigam
Subhash Kumar
Sucheta de
Sundaram, CNDP
Syed Mujtaba Athar
Tabish
Tanweer Fazal
Tara Negi
Tariq Adeeb, Advocate, Human Rights law Network
Varsha Mehta
Vipul
Zafar Eqbal
Zulekha jabin, Social activist

Filed Under: India, Indian Muslims Tagged With: Communalism, Delhi, Delhi Police, Lieutenant Governor, Trilokpuri, Trilokpuri Riots, Violence

Janwadi Lekhak Sangh condemns police raid on FORWARD Press

October 12, 2014 by Nasheman

New Delhi: The Janwadi Lekhak Sangh, the city based writer’s forum, the Forum for Freedom of Expression and other organisations came in support of the ‘Bahujan- Shraman’ issue of FORWARD Press, and condemned the police raids against it today.

On the evening of October 9, the special branch of the Delhi police had raided the office of FORWARD Press on the basis of a complaint made in the Vasant Kunj police station which claims that FORWARD Press had published objectionable material about the Hindu deity Durga, on the basis of which students of Jawaharlal Nehru University (JNU) were organising ‘Mahishasur Martyrdom Day’.

Terming the raid by Delhi police as a “matter of deep concern”, the forum said that the police took these actions without order of any court or competent authority and said it deserves outright condemnation.

The latest issue of FORWARD Press, an independent Delhi based anti-caste magazine is focussed on Bahujan-Shraman tradition. The issue carries articles that interpret the Puranic story of the killing of Mahishasur by Durga as a struggle between the Aryans and the non-Aryans. “This may have angered the Hindutvadis, who have been routinely indulging in vandalism in the name of hurting religious sentiments,” the forum claimed.

The October 2014 issue of FORWARD Press. Photo: FORWARD Press

The October 2014 issue of FORWARD Press. Photo: FORWARD Press

“The Janwadi Lekhak Sangh strongly condemns the action against the magazine without any proper court order and views it as a violation of the fundamental right of freedom of expression. We also condemn the violence indulged in by the ABVP activists during the observance of ‘Mahishasur Martyrdom Day’ at JNU.”

“The Delhi police action and the ABVP vandalism are closely interlinked and manifest the growing assertiveness of the reactionary, communal-fascist forces since the Modi government coming to power and the aid being extended to them by the government machinery,” alleged the Forum in its press address.

The Forum demanded that action should be taken against police officials who ordered and conducted the illegal raid on FORWARD Press. It also called for “action” against those who do not “believe in expression of dissent while sticking to democratic norms.”

“VHP leader Praveen Togadia’s recent statement that history books written by Romila Thapar and Bipin Chandra should be burnt is an example of such tendencies.”

Om Sudha, the Convenor of ‘Forum for Freedom of Expression’,  has asked the Home Ministry to immediately withdraw the FIR lodged against FORWARD Press.

Filed Under: India Tagged With: Caste, Dalits, Delhi, Delhi Police, Durga, Forum for Freedom of Expression, FORWARD Press, Freedom of Expression, Hinduism, Hindus, Janwadi Lekhak Sangh, Jawaharlal Nehru University, Mahishasur, Mahishasura, Praveen Togadia

Delhi Police raids Dalit magazine FORWARD Press for allegedly hurting Hindu sentiments

October 11, 2014 by Nasheman

Photo: Forward Press

Photo: FORWARD Press

New Delhi: The Delhi Police on Thursday raided the offices of FORWARD Press, the independent city based anti-caste magazine focusing on issues concerning the Dalit and other ‘backward class’ communities and reportedly confiscated copies of its October issue on grounds that it carried objectionable material about Hindu deity Durga.

Pramod Ranjan, the Consulting Editor of FORWARD Press said, “We strongly condemn the vandalism indulged in at the Nehru Place, New Delhi office of FORWARD Press on Oct 9 by Delhi Police. He said that the Delhi police illegally detained four staffers of the magazine on Thursday and now it is confiscating copies of the magazine from stalls in Delhi without any order of any court or competent authority. He claimed that the action was being taken ‘at the instance of fundamentalist forces, which is not only a blatant violation of the Freedom of Expression granted by the Constitution but also an attempt to stifle any logical-intellectual discourse”.

It may be mentioned here that two groups of students had clashed on Thursday on JNU campus over the observance of ‘Mahishasur Martyrdom Day’. Earlier, the police had raided the office of FORWARD Press on the basis of a complaint made in the Vasant Kunj police station of East Delhi. In the complaint, it has been claimed that FORWARD Press had published objectionable material about Goddess Durga, on the basis of which students of the JNU were organising ‘Mahishasur Martyrdom Day’.

Ranjan said in this regard that “The October 2014 issue of FORWARD Press was a special number devoted to ‘Bahujan-Shraman tradition’ and carries well-researched articles of leading writers and professors of prestigious universities. The Bahujan rendition of the story of ‘Mahishasur and Durga’ has been presented in words and through sketches and paintings.

“There is absolutely nothing in the issue that can be described as objectionable under the Indian Constitution. Our objective was not to humiliate or hurt the sentiments of any community or group. We are only trying to identify and rejuvenate the symbols of Bahujan culture and civilization. Anyway, Bahujan renditions of popular texts have a long tradition, starting from Jotiba Phule and going up to Ambedkar and Periyar.”

While condemning the raid as an attack on freedom of expression the magazine issued a press release claiming, “the action has been taken at the behest of the Brahamanical forces in the BJP,” the press note said. “Forward Press – a magazine of Dalits, OBCs and Tribals – has always been an eyesore for these forces. In the last couple of years, Forward Press has faced many attacks from these forces. The attacks have only strengthened our moral force. We are hopeful that we will be able to emerge with our head held high from this latest crisis too.”

Both the Editor-in-Chief and Consulting Editor of the magazine, have reportedly gone underground since the raid.

Filed Under: India Tagged With: Caste, Dalits, Delhi, Delhi Police, Durga, FORWARD Press, Freedom of Expression, Hinduism, Hindus, Jawaharlal Nehru University, Mahishasur, Mahishasura

Lest we forget: The Batla House case, six years on

September 20, 2014 by Nasheman

Batla_House_encounter_case

– by Jamia Teachers’ Solidarity Association

19th September marks the sixth anniversary of the Batla House ‘encounter’. Six years ago, on this day, the Special Cell of Delhi Police claimed to have hit upon the perpetrators of the serial blasts that had struck the capital city the previous week. The so-called encounter resulted in the death of Inspector Sharma, a veteran of dozens of encounters and two young men, Atif Ameen and Sajid.

Sajid was a minor at the time of his death. In contravention to the guidelines framed by the National Human Rights Commission, no enquiry was allowed into the encounter at Batla House; indeed, the then Lieutenant Governor denied permission for the same. The NHRC itself carried out an insipid formality in the name of enquiry, giving a clean chit to the police on the basis of statements by police officers of the Delhi Police.

The police story of the encounter received a severe jolt when the NHRC released copies of post mortem reports of the deceased in response to RTI application. The reports of the two boys showed the presence of non firearm injuries on their bodies, including injuries on knee cap and grazing effects in the back region of Atif; Sajid also displayed at least two injuries, “which had been caused by blunt force impact by object or surface”. Furthermore the gun shot wounds clearly suggested foul play. Almost all the entry wounds on the body of Atif Ameen are on the back region, below the shoulders and at the back of the chest, which point to the fact that he was repeatedly shot from behind.

Sajid sustained gun shot wounds in the head, neck and shoulder region. The entry points and trajectories of gun shots in his case suggest that he was held down by force while bullets were pumped down his forehead, back and head.

The injuries seriously call into question the police story that the duo was killed in cross fire (in which case, there should have been frontal injuries.

What is also puzzling is why the NHRC, which had access to these reports when it was conducting its enquiry, chose to ignore these significant facts.

Poster designed by Harsh Kapoor for JTSA

Poster designed by Harsh Kapoor for JTSA

In the days and months following the ‘encounter’, a number of arrests were made and many of those arrested were implicated in blasts cases across the country. There were two separate trials: one, a trial in the Delhi blasts; and second, trial of the killing of Inspector Sharma.

The Trial of Inspector Sharma’s death

State vs Shahzad was widely, and ignorantly titled as the Batla house encounter trial by the media. In reality, it was limited to the death of Inspector Sharma. The deaths of Atif and Sajid, have fallen into a legal black hole, with no investigation or prosecution.

The FIR filed by SI Rahul Kumar at the Jamia Nagar Police Station on 19th September 2008, stated: “The names of the escaped militants were revealed … as Junaid and Pappu”. The name “Shahzad” did not appear in any police complaint or communication to the NHRC, and yet Shahzad, arrested in February 2010 was made the main accused in the murder of Inspector Sharma.

The trial which lasted three years, with over 70 witnesses being examined, concluded in July 2013. The Additional Sessions Judge in Saket Court in Delhi pronounced Shahzad Ahmad guilty of the murder of Inspector Sharma, of attempting to murder, assaulting police officers and destruction of evidence. The Court upheld the prosecution story that Shahzad had fired upon Inspector Sharma on 19 September 2008, when he had entered the flat in Batla House to apprehend ‘terrorists’.

The only evidence that was produced in the court was circumstantial. Even a simple reading of the judgement shows that the court over-reads, and indeed even extends the prosecution story to cover inconvenient facts. Firstly, there was no evidence to establish that Shahzad had even been present in the house in which the encounter took place on that fateful day. The court nonetheless relies on:

a) Telephone call records between Atif Ameen and Shahzad’s father

b) Railway reservation from Delhi to Azamgarh by Shahzad for 24th September 2008

c) Recovery of an invalid, expired passport belonging to Shahzad from the said house.

None of this even remotely suggests that Shahzad was present in the house, especially in absence of any other item of belonging or even his fingerprints.

In trying to explain how Shahzad may have escaped from the site of the encounter even though there was no escape route, the court explained: “It was not improbable for a person to have a safe exit, posing himself as local resident.” In its rush to uphold the prosecution story, the court invented the possibility of Shahzad hiding or taking shelter in other flats of the building, forgetting even the legal maxim that the prosecution is obliged to prove the case in the manner it has been alleged.

But worst of all, the court put judicial seal on a blatantly communal plea by the Addl Public Prosecutor that their case could not be corroborated by independent witnesses, as “majority of residents of that area are followers of the religion, as was of those suspects”.

The court convicted Shahzad, and sentenced him to life. In doing so, it invoked the ever-useful “collective conscience of the entire nation”, which was shocked by the killing of Inspector Sharma. This, the court concluded, was “an aggravating factor against the convict.”

Shahzad has presently appealed against his conviction in the High Court. The police has meanwhile moved an application demanding death penalty for Shahzad in a case in which they could not even prove his presence at the site on the day of the said killing.

For detailed critique of the judgement, see JTSA’s Beyond Reasonable Doubt?

The Trial in the Delhi Blasts

Following the encounter, a number of arrests were made, including of those like Zia Ur Rehman, who had voluntarily gone to the police station to show the police a copy of the police verification report of the house in which the alleged terrorists resided; or those like Saquib Nisar, who had appeared on television shows on the night of the encounter to talk about his acquaintance with those killed.

The Role of the Media

Media reporting of the encounter and its aftermath touched new lows, with blatantly communal and jingoistic headlines and stories, with little on the ground reporting and mere regurgitation of police handouts. But the worst was perhaps the cover story in India Today, which was titled, “Inside the Mind of the Bombers” (2nd October 2008). India Today’s reporter, Mihir Srivastava claimed that he met and interviewed the accused youth on the sidelines of the press conference called by the South District Police. In his ‘exclusive’ talk with the ‘bombers’ (nowhere is the simple journalistic ethic of pre-fixing ‘alleged’ before the term terrorists before the crimes have been proven, adhered to), Srivastava presented what were obviously forced confessions under real violence or threat of violence, as ‘facts’.

The Delhi High Court on October 15th 2008, asked the police to file a response as to how a journalist was allowed access to the accused in the custody of the Special Cell even before his relatives or lawyers had a chance to meet him (Indian Express, October 17). The police counsel agreed to file a response and conceded to the court that “the confessions recorded in the story were not in good taste and they had no evidential value”. (See here for response to Srivastava’s claims, repeated over and over)

The discharge of Md. Salman

Md. Salman, arrested by the Uttar Pradesh ATS from Siddharthnagar on 6 March 2010, was accused of being a conspirator in the 2008 Delhi blasts. On 5th February 2011, additional sessions Judge Ms. Santosh Snehi Mann threw out all charges against him— at the point of charge—in all five cases in Delhi bomb blasts for lack of any evidence that could prove that he had conspired to bomb various places in Delhi in 2008.

In the final hearing held on 31st January 2011 before the announcing of the verdict on charges, the Public Prosecutor, Raju Mohan—responding to very specific questions by the Judge regarding the evidence against Salman—was unable to produce anything to substantiate the prosecution’s claim. Prosecution’s case was based on three pieces of supposed evidence:

1) A Fake Passport that the prosecution claimed was seized from Salman.

It is noteworthy that no passport was placed before the court. The police claimed to have seized from him a ‘photocopy’ of the fake passport, with a false name, which gave his age as 27 years at the time of arrest.

2) A health card from Saudi Arab, which again listed his age as 27 years.

The Judge stated that if Salman had been arrested in possession of a fake Nepali passport and a health card from Dubai, these were charges that should be dealt with separately. “How does that (this evidence) make Salman a conspirator in these cases?” she asked the prosecution.

Confronted with the absence of evidence, the PP repeatedly resorted to raising the spectre of the ‘war on terror’. Does the prosecution believe that the war on terror legitimizes vitiating the due processes of law, which demand verifiable evidence? Or that lack of evidence can be substituted by the dubious doctrine of guilt by association?

Salman’s discharge at this early stage of charge indicated the weakness of the Delhi Police’s claims.

Section 268 CrPC

Almost all the boys who were arrested in 2008, following the Delhi blasts were also implicated in the Surat blasts which had occurred earlier the same year. Almost immediately, Gujarat Government took custody of close to 60 young men arrested by various state police departments for alleged terror attacks and conspiracies in their states, on the plea that they were all accused in the Ahmedabad serial blasts. Since then, the Gujarat Government has actively impeded the trials of these men in different states invoking Sec 268 of CrPC. This section allows the state government to direct that any person or class of persons shall not be removed from the prison in which he or they may be confined or detained.

Unlike other states, in Delhi, the trial could proceed because of the availability of camera uplinking facility. However, the fact that the accused were lodged in Gujarat meant that there could be no consultations between them and their lawyers.

In July 2010, a Supreme Court Bench of justices V.S. Sirpurkar and T.S. Thakur, responding to a petition of the lawyers of one of the accused in blasts case, ruled that the State of Gujarat could not continue to cite Sec 268 and that it was duty bound to produce the accused in their trials outside the state. However, production warrants issued by the court in Delhi continued to go unheeded. Until one day, in late 2012, the key prosecution witness, an auto driver, failed to recognize Shakeel. He looked at the young men lined up in Ahmedabad on camera for about half an hour but could not identify Shakeel. In a quick reversal, the prosecution asked for the accused to be produced in Delhi! Thereafter in February 2013, most of the accused have been shifted to Delhi.

However, the pace of the trial was impeded when it was shifted, at a considerably late stage, to a special court set up for all Special Cell cases.

19th September is not simply a day to ritually mourn the dead, or to indulge in breast beating, but to commit oneself to upholding the constitutional values of rule of law, to not allow jingoism of any kind to overwhelm democratic values.

Filed Under: India, Indian Muslims Tagged With: Batla House, Delhi Police, Inspector Sharma, Jamia Teachers Solidarity Association, NHRC, Shahzad Ahmad

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