A Tale of Two Vehicles: Sadhvi’s Motorcycle and Rubina’s Car

[email protected] (Ram Puniyani)
May 31, 2016

Can there be two type of Justice delivery system in the same country? This question came to one’s mind with the U turn taken by NIA in the cases related to terror acts in which many Hindu names were involved. Now the NIA in a fresh charge sheet (May 13, 2016) has dropped the charges against Pragya Singh Thakur, has lightened the ones against Col Purohit and others. Along with this new line of NIA is that Hemant Karkare’s investigation in these cases was flawed and that it was ATS which had got the RDX planted in Purohit’s residence to implicate him in this case. The implication is that all this was being done at the behest of previous UPA Government.

1SADHVIA brief recap is in order. Maharashtra in particular and many other places in the country were witness to acts of terror. The first major attention to this phenomenon took place when two Bajrang Dal activists were killed while making the bombs in the house of one RSS worker Rajkondawar (May 2006). There was a saffron flag flying atop the house and a board of Bajrang Dal was put up in front of the house. At the site of bomb explosion fake moustaches, beard and pajama-Kurta were also found. This was followed by many other blasts, Parbhani, Jalna, Thane, and Panvel etc. In most of these case police investigated on the lines in which generally Muslims were blamed for such acts. After every act of blast few Muslims young men were arrested who were later; after long grueling court cases; were released as no evidence was found against them.

The Malegaon blast in which Sadhvi’s role came to surface; took place in 2008. In the blasts those returning from Namaj (prayers) were killed and many injured. Following this the usual suspects, Muslims, were arrested. Then while investigating the cases the Maharashtra ATS Chief Hemant Karkare found that the motorcycle used for the blast belonged to Sadhvi Pragya Singh Thakur, ex- ABVP worker. The trail of investigation led to Swami Dayanad Pande, Retd. Major Upadhyay, Ramji Klasnagra, Swami Aseemanand amongst others. They all belonged to the Hindu right wing politics. There was lots of evidence in the material recovered. One of the helpful evidence came in the form of the legally valid confession of Swami Aseemanand. This confession was made in judicial custody in presence of a Magistrate.

In the confession Swami spilled the beans and said that after the Sankat Mochan blast of 2002, they had decided that bomb will be replied by bomb. He was then looking after the VHP work in Dangs. He gave the detailed narrative of the whole process in which all the people were investigated and became part of the charge sheet of NIA.

When Karakare was investigating the case and many of Hindu names started coming under the shadow Bal Thackeray wrote in Saamna that ‘we spit on the face of Karakare’. Narendra Modi; then CM of Gujarat; called him Deshdrohi (Anti National). Advani also reprimanded Karkare. Feeling the heat of this pressure from Hindutva political outfits Karkare went to meet his professional peer Julio Rebeiro. Rebeiro. Rebeiro has a record of high level of professional integrity. Rebeiro appreciated his painstaking work. Karkare asked that what should be the stand of a person like him when facing such a heat from politicians. The senior officer told him to honestly do the work and ignore these insinuations.

Meanwhile the global terror phenomenon hit Mumbai. On 26/11 ten terrorists, armed to the teeth attacked Mumbai. On this occasion Karakre got killed. There is a strong controversy about this killing also. The then minority affairs Minister A. R. Antulay said that there is terrorism plus something else which is behind the killing of Karakare. Narendra Modi who had earlier called Karkare as Deshdrohi landed up in Mumbai and wanted to give a cheque of Rs. one Crore to widow of Karkare, she refused to accept the amount.

After Karkare’s death the investigations continued on the lines laid down by him. The charge sheet was ready and all the involved were to be tried for acts of terror. Meanwhile Government changed at the center and the NIA adopted the line which has led to the present situation where the efforts to release Sadhvi are marching with intimidating speed. The change in the line got reflected in the statement of Public Prosecutor, Rohini Salian. She stated that she was told to go soft on these cases. As she refused to toe this, she was sacked.

One recalls that in Mumbai 92-93 violence over one thousand people died. This carnage was followed by the bomb blasts in which over two hundred people died. As far as the communal carnage is concerned not many got severe punishments, no death penalty- no life imprisonment. In the cases of bomb blasts many have been given death penalty and many more life imprisonment. One of the people undergoing life imprisonment is Rubina Memon. Her crime, she owned the car which was used to ferry the explosives. She never drove the car with explosives.

Sadhvi owned the motor cycle used for Malegaon blasts; she will be out from the prison soon. Rubina owned the car; she will be in prison all her life. In Mumbai carnage so many died. No severe punishment to anybody. So many severe punishments in bomb blast case!

So where does our democracy stand at the end of all this? It seems two type of justice delivery systems are out there in the open. While shrill debates on TV will defend Sadhvi and blame Karkare for faulty investigation, the people in Malegaon are protesting furiously and planning to go to the court against the change in the stance of NIA. Two political parties seem to be preparing to save the honor of Karakare and press for sincere examination of the evidence collected by him.

One hopes the guilty will be punished and innocents will be protected. But this seems a bit too much to expect in current scenario!

Comments

Jaleel S
 - 
Monday, 13 Jun 2016

Politicians made democracy biggest joke in india.... Now a days its a tool to manipulate Right to wrong and vice versa. May allah Curse these politicians.

Ahmed Indian
 - 
Thursday, 2 Jun 2016

Hindu terrorists are treated like VIP guests by the Indian govts and Indian police. After all they all are hindu. see their smiling faces. But sooner or later the God's justice will be delivered and on that day these hell dwellers will bleed and cry infinitely.

ali
 - 
Tuesday, 31 May 2016

Karkare was killed because he was the honest officer.

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
February 29,2020

Like most of the political phenomenon, even the practice of Nationalism is not a static one. It changes with the changing political equations of the political forces and assumes the expressions which are very diverse. As such the phenomenon of Nationalism has a long journey and various state policies in particular have used it for purposes which relate more to the power of the state ‘vis a vis’ its people, power of the state ‘vis a vis’ the neighboring countries among others.

In India there has been a certain change in the practices of the state which have transformed the meaning of Nationalism during last few years. Particularly with BJP, the Hindu Nationalist outfit gaining simple majority, it has unfolded the policies where one can discern the drastic change in the meaning and application of Nationalism in regard to its citizens, particularly those belonging to minority community, with regard to those who are liberal, and with those who stand with the concept of Human rights.

Our former Prime Minister of Dr. Manmohan Singh hit the nail on the head when he said that “Nationalism and the "Bharat Mata Ki Jai" slogan are being misused to construct a "militant and purely emotional" idea of India that excludes millions of residents and citizens. Former Prime Minister recently stated this in an apparent attack on the BJP.” The occasion was the release of a book, ‘Who is Bharat Mata’, edited by Purushottam Agarwal and Radhakrishna. This is a compilation of significant extracts from writings of Nehru, and important assessments of and contributions of Nehru by prominent personalities.

Dr. Singh went on to add "With an inimitable style…Nehru laid the foundation of the universities, academies and cultural institutions of Modern India. But for Nehru's leadership, independent India would not have become what it is today," This statement of Dr. Singh has great importance in contemporary times, as Nehru is being denigrated by Hindu nationalists for all the problems which India is facing today and attempts are on to undermine his role and glorifying Sardar Vallabh Bhai Patel. This is also significant as it gives us the glimpses of what Nationalism meant for Nehru.

As Singh’s statement captures the present nationalism being practiced by BJP and company, the Hindu nationalists, immediately shot back saying that Dr. Singh is supporting the anti India activities at JNU and Jamia and his party is supporting the anti India nationalists. They asked whether Singh likes the nationalism of the likes of Shashi Tharoor or Manishankar Ayer who are provoking the Shaheen Bagh protest rather than making the protestors quiet. Whether he likes the anti national protests which go on at JNU or Jamia? As per them there is no Nationalism in Congress. One more example being cited is the private visit of Shatrughan Sinha who talked to Pakistani President during his visit there recently!

Most of the arguments being used to oppose Dr. Singh are very superficial. What is being referred to; is not opposition to Indian nationalism and its central values which were the core of anti colonial struggles. While ‘Bharat Mata Ki Jai’ may not be acceptable to a section of population, even the book he was releasing has the title ‘Who is Bharat Mata’. What is being stated by Singh is the twist which slogan ‘Bharat Mata ki Jai’ has been used by Hindu nationalists to frighten the religious minorities.

Indian nation came into being on the values, which later were the foundation of Indian Constitution. Indian Constitution carefully picked up the terminology which was away from the concepts of Hindu or Muslim nationalism. That’s how the country came to be called as ‘India that is Bharat’. The freedom of expression which was the hallmark of freedom movement and it was given a pride of place in our Constitution. It respected the diversity and formulated rules where the nation was not based on particular culture, as Hindu nationalists will like us to believe, but cultural diversity was centrally recognized in the Constitution. In addition promoting good relations with neighbors and other countries of the World was also part of our principles.

JNU, Jamia and AMU are being demonized as most institutions so far regard the freedom of expression as a core part of Indian democracy. These institutions have been thriving on discussions and debates which have base in liberalism. Deliberately some slogans have been constructed to defame these institutions. While Constitution mandates good relations with neighbors, creation of ‘Anti Pakistan hysteria’ is the prime motive of many a channels and sections of other media, which are servile to the ideology of ruling Government. They also violate most of the norms of ethical journalism, where the criticism of the ruling party is an important factor to keep the ruling dispensation in toes.

A stifling atmosphere has been created during last six years. In this the Prime Minster can take a detour, land in Pakistan to have a cup of tea with Pakistan PM, but a Congress leader talking to Pakistani President is a sign of being anti National. Students taking out a march while reading the preamble of Indian Constitution are labeled as anti-national; and are stopped while those openly wielding guns near Jamia or Shaheen Bagh roam freely.

Nationalism should promote amity and love of the people; it should pave the way for growth and development. Currently the nationalism which is dominant and stalking the streets has weakened the very fraternity, which is one of the pillars of our democracy. Nehru did explain that Bharat Mata is not just our mountains, rivers and land but primarily the people who inhabit the land. Which nationalism to follow was settled during the freedom movement when Muslim nationalism and Hindu nationalism were rejected by the majority of people of India in favor of the Nationalism of Gandhi, Nehru, Patel and Maulana Azad, where minorities are equal citizens, deserving affirmative action. In today’s scenario the Hindu nationalists cannot accept any criticism of their policies.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
March 14,2020

In the wake of Citizenship Amendment Act (CAA) UN High Commissioner, Michele Bachelet, has filed an intervention in the Supreme Court petition challenging the constitutionality of the Citizenship Amendment Act, as she is critical of CAA. Responding to her, India’s Foreign Minister S. Jai Shanker strongly rebutted her criticism, saying that the body (UNHCR) has been wrong and is blind to the problem of cross border terrorism. The issue on hand is the possibility of scores of people, mainly Muslims, being declared as stateless. The problem at hand is the massive exercise of going through the responses/documents from over 120 crore of Indian population and screening documents, which as seen in Assam, yield result which are far from truthful or necessary.

The issue of CAA has been extensively debated and despite heavy critique of the same by large number of groups and despite the biggest mass opposition ever to any move in Independent India, the Government is determined on going ahead with an exercise which is reminiscent of the dreaded regimes which are sectarian and heartless to its citizens, which have indulged in extinction of large mass of people on grounds of citizenship, race etc. The Foreign minister’s assertion is that it is a matter internal to India, where India’s sovereignty is all that matters! As far as sovereignty is concerned we should be clear that in current times any sovereign power has to consider the need to uphold the citizenship as per the principle of non-discrimination which is stipulated in Art.26 of the International Covenant on Civil and Political (ICCPR) rights.

Can such policies, which affect large number of people and are likely to affect their citizenship be purely regarded as ‘internal’? With the World turning into a global village, some global norms have been formulated during last few decades. The norms relate to Human rights and migrations have been codified. India is also signatory to many such covenants in including ICCPR, which deals with the norms for dealing with refugees from other countries. One is not talking of Chicago speech of Swami Vivekanand, which said that India’s greatness has been in giving shelter to people from different parts of the World; one is also not talking of the Tattariaya Upanishad’s ‘Atithi Devovhav’ or ‘Vasudhaiva Kutumbkam’ from Mahaupanishad today.

What are being talked about are the values and opinions of organizations which want to ensure to preserve of Human rights of all people Worldwide. In this matter India is calling United Nations body as ‘foreign party’; having no locus standi in the case as it pertains to India’s sovereignty. The truth is that since various countries are signatories to UN covenants, UN bodies have been monitoring the moves of different states and intervening at legal level as Amicus (Friend of the Court) to the courts in different countries and different global bodies. Just to mention some of these, UN and High Commissioner for Human Rights has often submitted amicus briefs in different judicial platforms. Some examples are their intervention in US Supreme Court, European Court of Human Rights, International Criminal Court, and the Inter-American Court of Human Rights. These are meant to help the Courts in areas where UN bodies have expertise.

 Expertise on this has been jointly formulated by various nations. These interventions also remind the nations as to what global norms have been evolved and what are the obligations of individual states to the values which have evolved over a period of time. Arvind Narrain draws our attention to the fact that, “commission has intervened in the European Court of Human Rights in cases involving Spain and Italy to underscore the principle of non-refoulement, which bars compulsory expulsion of illegal migrants… Similarly, the UN has intervened in the International Criminal Court in a case against the Central African Republic to explicate on the international jurisprudence on rape as a war crime.”

From time to time organizations like Amnesty International and Human Rights Watch have been monitoring the status of Human rights of different countries. This puts those countries in uncomfortable situation and is not welcome by those establishments. How should this contradiction between ‘internal matter’, ‘sovereignty’ and the norms for Human rights be resolved? This is a tough question at the time when the freedom indices and democratic ethos are sliding downwards all over the world. In India too has slid down on the scale of these norms.

In India we can look at the intervention of UN body from the angle of equality and non discrimination. Democratic spirit should encourage us to have a rethink on the matters which have been decided by the state. In the face of the greatest mass movement of Shaheen bagh, the state does need to look inwards and give a thought to international morality, the spirit of global family to state the least.

The popular perception is that when Christians were being persecuted in Kandhmal the global Christian community’s voice was not strong enough. Currently in the face of Delhi carnage many a Muslim majority countries have spoken. While Mr. Modi claims that his good relations with Muslim countries are a matter of heartburn to the parties like Congress, he needs to relook at his self gloating. Currently Iran, Malaysia, Indonesia and many Muslim majority countries have spoken against what Modi regime is unleashing in India. Bangladesh, our neighbor, has also seen various protests against the plight of Muslims in India. More than the ‘internal matter’ etc. what needs to be thought out is the moral aspect of the whole issue. We pride ourselves in treading the path of morality. What does that say in present context when while large section of local media is servile to the state, section of global media has strongly brought forward what is happening to minorities in India.   

The hope is that Indian Government wakes up to its International obligations, to the worsening of India’s image in the World due to CAA and the horrific violence witnessed in Delhi.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Ram Puniyani
March 8,2020

They say ‘history repeats itself first as a tragedy and then as a farce’. In case of India, communal violence not only keeps repeating itself, the pattern of the tragedy keeps changing every next time. Some features of the violence are constant, but they are under the wraps mostly. The same can be said about the Delhi violence (February 2020). The interpretations, the causative factors are very discernible, but those who are generally the perpetrators have a knack of shifting the blame on the victim community or those who stand for the victims.

As the carnage began presumably in the aftermath of statement of Kapil Mishra of BJP, which was given in front of a top police official, in which he threatened to get the roads emptied. The roots of violence were sown earlier. The interpretations given by the Hindu Nationalist camp is that the riot is due to the changing demographic profile of the area with Muslims increasing in number in those areas, and coming up of Shaheen Bagh which was presented was like ‘Mini Pakistan’. As per them the policies of BJP in matters of triple talaq, Article 370 and CAA, NPR, NRC has unnerved the ‘radical’ elements and so this violence.

As such before coming to the observations of the activists and scholars of communal violence in India, we can in brief say that violence, in which nearly 46 people have died, include one from police and another from intelligence. Majority victims are Muslims. The violence started right under the nose of the police and the ruling party. From the videos and other eye accounts, police not only looked the other way around, at places it assisted those attacking the innocent victims and burning and looting selective shops. Home minister, Amit Shah, was nowhere on the scene. For first three days the rioters had free run. After the paramilitary force was brought in; the violence simmered and slowly reduced in intensity. The state AAP Government, which in a way is the byproduct of RSS supported Anna Hazare movement, was busy reading Hanuman Chalisa and praying at Rajghat with eyes closed to the mayhem going in parts of Delhi.

Communal violence is the sore point of Indian society. It did begin during colonial period due to British policy of ‘Divide and Rule’. At root cause was the communal view of looking at history and pro active British acts to sow the seeds of Hindu-Muslim divide. At other level the administrative and police the British were fairly neutral. On one hand was the national movement, uniting the people and creating and strengthening the fraternal feeling among all Indians. On the other were Muslim Communalists (Muslim League) and Hindu Communalists (Hindu Mahasabha, RSS) who assisted the British goal of ‘divide and rule’ promoting hatred between the communities. After partition the first major change was the change in attitude of police and administration which started tilting against Muslims. Major studies by Dr. Asghar Ali Engineer, Paul Brass and Omar Khalidi demonstrated that anti Muslim bias is discernible in during and after the riots.

Now the partisan role of police has been visible all through. Sri Krishna Commission report brought forth this fact; as did the research of the Ex DIG of UP police Dr. V.N.Rai. Dr. Rai’s studies also concluded that no communal violence can go on beyond 24 hours unless state administration is complicit in the carnage. In one of the violence, investigation of which was done by concerned Citizen’s team (Dhule, 2013) this author observed that police itself went on to undertake the rampage against Muslims and Muslim properties.

General observation about riots is that violence sounds to be spontaneous, as the Home Minister is pointing out, but as such it is well planned act. Again the violence is orchestrated in such a way that it seems Muslims have begun the riots. Who casts the First stone? To this scholars point out that the carnage is so organized that the encircled community is forced to throw the first stone. At places the pretext is made that ‘they’ (minorities) have thrown the first stone.

The pretexts against minorities are propagated, in Gujarat violence Godhra train burning, in Kandhamal the murder of Swami Laxamannand and now Shaheen bagh! The Hindu Muslim violence began as riots. But it is no more a riot, two sides are not involved. It is plain and simple anti Minority violence, in which some from the majority are also the victims.

This violence is possible as the ‘Hate against this minority’ is now more or less structural. The deeper Hate against Muslims and partly against Christians; has been cultivated since long and Hindu nationalist politics, right from its Shakhas to the social media have been put to use for spreading Hatred. The prevalent deeper hate has been supplanted this time by multiple utterances from BJP leaders, Modi (Can be recognized by clothes), Shah (press EVM machine button so hard that current is felt in Shaheen Bagh), Anurag Thakur (Goli (bullet) Maro) Yogi Aditya Nath (If Boli (Words)Do not work Goli will) and Parvesh Varma (They will be out to rape).

The incidental observation of the whole tragedy is the coming to surface of true colors of AAP, which not only kept mum as the carnage was peaking but also went on to praise the role of police in the whole episode. With Delhi carnage “Goli Maro” seems to be becoming the central slogan of Hindu nationalists. Delhi’s this violence has been the first one in which those getting killed are more due to bullets than by swords or knifes! Leader’s slogans do not go in vain! Courts the protectors of our Constitution seem to be of little help as if one of them like Murlidhar Rao gives the verdict to file against hate mongers, he is immediately transferred.

And lastly let’s recall the academic study of Yale University. It concludes; BJP gains in electoral strength after every riot’. In India the grip of communalism is increasing frighteningly. Efforts are needed to combat Hate and Hate mongers.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.