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Dissent Crushed: Freelance Journo Pushp Sharma likely to be Arrested

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Image: DNA 

UPDATE: March 18, 2016

Pushp Sharma, freelance journalist was called in for "questioning" for the third day running on March 18, 2016.

UPDATE: 10.50 p.m. March 16, 2016

Pushp Sharma was finally allowed to go by the Delhi police though the respite may be short as he has been summoned again for 'questioning' tomorrow, March 17, 2016 at 11, 11.30 a.m..
Speaking to SabrangIndia tonight, Push Sharma said that the FIR registered against him has been under sections 418, 468, 471 and 153A of the Indian Penal Code (IPC).
These sections relate to " cheating with knowledge that wrongful loss may ensue to person" (section 418), " forgery for purpose of cheating: (section 468) and "using as genuine a forged docuemnt" (section 417. Section 153 A related to promoting enmity between communities on account of religion etc.

Original Story:

Pushp Sharma, the freelance journalist who published his story in the Milli Gazette on the RTI reply he got from the Central government’s Ayush Ministry that stated "according to government policy no Muslim will be selected (as Yoga teachers)…” is likely to be arrested soon.

Speaking to Sabrangindia Sharma said that while he stands by his story that is fully documented, the Delhi police is busy preparing a memo and is likely to formally arrest him soon. The FIR registered against him is under Section 153A of the Indian penal Code. Editor of the Milli Gazette, Mr Zafarul Islam-Khan also spoke to Sabrangindia. He was on his way to the police station with lawyers preparing the bail application for the journalist.

The Delhi police (that functions directly under the central government’s ministry of home affairs) picked up Sharma last evening and questioned him for four hours.

The Milli Gazette Online has published the following statement along with a message from Sharma on March 16, 2016:

Kotla Mubarakpur police station, where journalist Pushp Sharma was being interrogated after he was picked up by a police force from his home in Lajpat Nagar at 6:30 pm this evening, allowed him to go home at 10:30 pm, with the instruction that he must report at the police station tomorrow at 10 am with all the papers relevant to his story about the AYUSH ministry. Dr Zafarul-Islam Khan, editor of the Milli Gazette which broke the story claiming that the ministry as per government policy did not recruit Muslims, said that this is plain harassment of media and muzzling of free speech. The ministry should make its enquiries to find out what really happened. He added that we are always ready to publish the ministry’s version but will fight back at its high-handed tactics.  

Pushp Sharma’s message to his readers after his temporary release
To my readers at home and abroad

Dear readers, 

My stand is the same now after this ordeal at the hands of the Delhi Police. I got many papers from the Ayush Ministry which any journalist will use if he gets such stuff which is harmful to the interests of the social and secular fabric of the country. Moreover, when the concerned ministry issued a press release denying what I had reported, we followed all journalistic rules and uploaded the ministry’s press release as well as other documents in our possession. I told the cops that if any story is questioned by an interested party, then the globally accepted norm is for the interested party to provide its version which is later published or uploaded by the editorial board of the publication after consulting legal experts. We too follow same policy and are open to this even now. 

Moreover, I told the SHO of the concerned police station that in the media if a group does a story and later any interested group or person updates it and sends facts, then the globally accepted policy is to crosscheck the content and publish or upload it with an apology. After listening this for a few minutes, I heard just abuses, and shouts and allegations, like: who is behind you and what is your motive? I told them that my decision and reason to do any story is always journalistic. So obviously people in power will try to spread rumours, do character assassination or try to connect me with some political outfit.

It seems the system is hell-bent to do character assassination, arms-twisting and stoops to the extent of mockery and issuing threats just because of a story. 

I will revert with another exposé on Yoga soon, if I continue to have my freedom. 

Warmly, Pushp 

(Written after the journalist’s temporary release at 11:00 pm on March 15, 2016 with the instructions to report back to the police station next morning at 10 am.
Released by The Milli Gazette at 12.50 am  March 16, 2016.

References:
1. As per government policy, no Muslim selected: Modi Sarkar
   

JNU VC briefs media on ‘Rustication’ but keeps Deans and Faculty in the Dark

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UPDATE: A copy of the JNU Committee Report is available here

Even as students of the Jawaharlal Nehru University prepared for their  "People's March to Save Democracy" and gathered at the gates to board a bus for Mandi House in Delhi today, there was disquiet by widespread media reports on the reported recommended rustication of eight students.

 
The march is a protest against the BJP-led government’s attack on universities, from the Hyderabad Central University (HCU) to Allahabad to the FTII to JNU. The demands/slogans include, Stand with Social Justice   and Secularism, ensure Justice for Rohith Vemula and Enact the Rohith Act; Release JNU students, Umar and Anirban;  Drop all charges against JNU students; and last but not the least,  HRD Minister Smriti Irani must resign
‪#‎StandWithJNU
‪#‎JusticeForRohith
‪#‎MarchForAzaadi

All major national newspapers, quoting from a report in the Press Trust of India today (March 15, 2016) had said that the report of the internal JNU Committee appointed to go into allegations of ‘anti-national slogans’ has recommended that Kanhaiya Kumar, Umar Khalid and three other students should be expelled for their alleged role in a February 9 event to mark the anniversary of the hanging of Parliament attack convict Afzal Guru, where allegedly 'anti-India slogans' were raised.

Interestingly though the conclusions of this internal report have been leaked widely to the media by the vice chancellor Jagadesh Kumar, his claim that the deans of the colleges had been shown the report has been denied. None from the faculty have seen the report. Several students have however received show cause notices to reply to allegations by March 16. The notice however does not anywhere clarify what the alleged offences committed by the students are.

It may be recalled that a Judicial Inquiry into the incident, ordered by the Delhi government had reached significant findings, not the least being that three of the seven videos used to mobilise public opinion through telecast by three television channels had been doctored. SabtangIndia had carried a detailed story on the DM's Report on March 8.
 
Major Findings of the Report of the District Magistrate (DM):

  1. Nothing adverse could be found against Kanhaiya Kumar. No witness or video available to me could support allegation against him.
  2. Umar Khalid was visible in videos. His support for the role of Afzal Guri is known and he was the organizer of the event. His role needs to be further investigated (Page 1 ) The Magistrate further says that after a close watching of the videos, he “did not hear any slogan from the mouth of Umar Khalid” (Page 23)
  3. Three out of seven videos which were sent for verification were found to be doctored including one news clipping of a News Channel found on You-Tube

Importantly, the district magistrate Sanjay Gupta concludes in Chapter 4 (Sequence of events) that “the event was not organised with prior permission. Hence it would not be right to say that the JNU administration withdrew the permission after granting the same. Although the JNU administration is taking the stand that permission was withdrawn, “Signatures of the rector were not found on the performa permission form regarding the event by the senior security officer.

The DM's report further states:

  • Three of the seven videos examined by the Truth Labs, Hyderabad to ascertain whether they were doctored or not, were found to have been doctored. The television channels that telecast these doctored videos have not been named in the report.
  • The reporter and cameraman of Zee News were invited onto the campus at 5.20 p.m. by Saurabh Sharma of the RSS-affiliated Akhil Bharatiya Vidyarthi Parishad (ABVP) who is general secretary of the JNUSU, on February 9, and it is after the telecast by Zee television of the doctored videos the next day that the local police station lodged the FIR. The FIR, filed under section 124A of the Indian penal Code (IPC) did not name any students as offenders.
  • While Zee News/television willingly gave the CD of the video recording of the news telecast that led to the registration of an FIR to the police, the same news channel, despite repeated requests did not make available any recording for the purpose of the magisterial inquiry. This amounts, in law, to suppression of evidence and non-cooperation with a judicial officer.
  • Several of the security officers under the administration gave contradictory statements to the district magistrate and the internal inquiry committee.

On March 12, 2016 reports that suspensions had been revoked had done the rounds.

The JNU controversy in a nutshell

  • "The high-level committee that has reportedly recommended rustication of five students after its investigation over a month's time. PTI reports that the final call in this regard will be taken by the Vice Chancellor and Proctor's office," sources told PTI. None of the Teachers Association –JNUTA—nor the Dean have been shown a copy of the report that was shared with the media. SabrangIndia spoke to several persons from the JNU faculty.
  • The university also sent a notice to 21 students, including Kanhaiya Kumar and Umar Khalid, for "violating the university's rules and norms" and asked them to give their explanation by tomorrow, March 16. "Disclose the evidence based on which action has been recommended," said Ajay Patnaik, the chief of the faculty association at JNU or Jawaharlal Nehru University. Students who have received the university's show cause notice have also asked for the report to be made public to NDTV. "The notice is very vague. It doesn't say what we have done. It asks us to clarify, but what should we clarify?" questioned one of the students, Anand Prakash. Mr Prakash alleged that the inquiry committee formed at the height of the controversy last month had shown bias in the past. "We were suspended 24 hours after the inquiry committee was formed," he said.
  • The university's top officers including the vice chancellor reportedly met on Monday, March 14, 2016 and discussed the report for issuing notice to the students.
  • Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya were arrested last month on charges of sedition. Mr Kumar was released on bail from Tihar Jail on March 3 while Mr Khalid and Mr Bhattacharya are still in judicial custody.
  • The university had, on March 11, revoked the academic suspension of eight students including Kanhaiya Kumar following outrage and said that they would be banned from academic activities until the inquiry was over.
  • In Mid-February when the Committee had been constituted the, Jawharlal Nehru University Students Union (JNUSU) had questioned the university’s decision to suspend eight students from academic activities, as recommended by a “high-level” enquiry committee formed to investigate February 9 incidents on the campus. The union, in a statement, had pointed out that although majority of suspended students came from marginalised sections, there was no member from such sections in the enquiry panel. The JNU Students Union has severe apprehensions about the neutrality of this committee. The committee, even before following due process, has debarred the eight students from all academic activity. When the case is already prejudged, how can the committee conduct any fair investigation? Through the memorandum, we also raised concerns about the constitution of the committee, which consists of former members of ABVP and the anti-reservation Youth for Equality, Shehla Rashid, Vice President, JNUSU was quoted as saying. This report can be read here. The students had then submitted a memorandum, signed by over 2,000 students, demanding the administration to take back the debarring of the eight students. The committee has professor Rakesh Bhatnagar, professor Himadri Bohidar and professor Suman K. Dhar as its members.
  • To make the entire controversy over the Committee’s composition and its overall credibility murkier, one of the members of the Committee, Rakesh Bhatnagar was ‘awarded’ a Visitor’s Award just five days ago, on March 10, 2016. The report is here. NDTV reported that in the midst of a raging political row over sedition that has engulfed the Jawaharlal Nehru University (JNU), the prestigious institution has bagged the President's award for excellence in research and innovation. Tezpur University in Assam has won annual Visitor's award for 'best university'. President Pranab Mukherjee is the Visitor of central universities. "Tezpur University has won the annual Visitor's award for the best university and professor Rakesh Bhatnagar (JNU)as well as the Molecular Parasitology Group of JNU have won the Visitor's awards for 'research' and 'innovation' respectively," a press release by Rashtarapati Bhavan had said. The award was presented yesterday, March 14.
  • Meanwhile, in a related development, the Delhi Delhi HC dismissed a plea for action against Kanhaiya Kumar. The petition has alleged that after being released from judicial custody, Kanhaiya has again indulged in anti-national slogans and used the word "azadi" at least 100 times in his speech recently.Delhi High Court Tuesday refused to entertain a plea seeking action against JNUSU President Kanhaiya Kumar for allegedly making anti-national remarks after being released on interim bail in a sedition case lodged against him reported The Indian Express. Justice Pratibha Rani declined to give the direction sought by a social activist on the ground that there is law and order in place which will take care of if any anti-national slogans are being raised and the petitioner need not worry about the image of the nation. It also questioned the locus of the petitioner for filing the present petition seeking direction to take necessary action for the offence of sedition allegedly committed by Kanhaiya and to refer the matter for further investigation by Intelligence Bureau in the interest of justice. The court also sought presence of petitioner Dev Dutt Sharma so that he is aware of the cost which may be imposed on him for filing this writ petition. Following this, advocate Sugriva Dubey wished to withdraw the petition and the court treated it dismissed as withdrawn.
  • JNU students Umar Khalid and Anirban Bhattacharya, arrested in the sedition case over a controversial event in the varsity’s campus, are presently in judicial custody. Today, March 15, 2016 their remand to judicial custody was extended by a further 14 days.

Continuing the Brave Fight: Kanhaiya Kumar does it again

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In yet another speech that spoke eloquently of true love of the land and its people, Kanhaiya unravelled the shallow, divisive and hate ridden politics of the Modi regime. Large sections of Indian television did not telecast this speech

Kanhaiya Kumar does it again. In a 55 minute speech on March 15, this time on Parliament Street, New Delhi, the President of the Jawaharlal Nehru Students Union (JNUSU) unflinchingly listed the failures of the Modi government and reclaimed patriotism as the manifestation of the hard labour and contributions of all the Indian people.

Nineteen minutes into the speech there an attempt to by a person to reach up and slap him and disrupt the protest; but Kanhaiya calmed the students in the march and continued to speak. This happened a second and a third time but the speech continued.

Twelve days have passed since his first speech delivered within the JNU campus on March 3, 2016. That speech created record viewing on the airwaves, but this time there was a marked difference. Television channels appeared not to consider it fit to relay this speech by Kanhaiya Kumar.

The march in which students and faculty members participated was for demanding the release of fellow students Umar Khalid and Anirban Bhattacharya, who are in custody on sedition charges.

From patriotism to the anti-people policies of the Modi regime, Kanhaiya Kumar had done his homework well. Excerpts:

“Modiji desh bhakti aur desh se pyaar  tay hota hai Samvidhan se, Rahstrawaad tay hota hai Samvidhaan se. Samaanta, Bhaychaara, Dharmnirpekshata se, tay hoti hai deshbhakti.”
(Equality, Non-Discrimination, Fraternity and Secularism, embedded in our Constitution constitutes real Patriotism and love of the country)

“It is the people of Bharat who make up this country and love for all the people is love for this country”

“What is Patriotism, but love for India?…..Nehruji said patriotism and love for India is love for the Indian people..”

“Inflation is spiralling, attacks on women are increasing, a rapist is part of the government at the centre; this is a shame; this is all that the BJP is doing.”

“We do not want to learn patriotism from you, you the RSS and the Jana Sangh who had burnt our precious Tricolour in 1943. This country is as much a country of and for the Hindus as it is of Muslims, Christians, Buddhists and Jains, as much a country for Parsis as for Atheists!”

“What has this government done? Look at inflation, food inflation, unemployment and check the variations on the Sensex, people are watching and Indians will judge you on your performance Modiji”

“Modiji aapne kahaan, ek bhaashan se koi neta nahin banta. Jee haan Modiji, Yah aapko bhi lagoo hota hai! Kya Acche Din, Acchi Raat bhi ab tak nahin aaye!!”
(Modiji you said, one speech does not a leader make. This is true and applies to you as well. Forget the good times (days), even the nights are bad)

“We ran the Occupy UGC Campaign to restore and increase Research fellowships being cut by Smriti Irani’s UGC. She came and met us student protestors and promised that by December 2015 a Report would be submitted to Parliament. December has come and gone, January too, February and now we are in March 2016. Where are the fellowships Smritiji? This is a government of false promises”

 “In the name of a false patriotism this RSS driven government is trying to divide us. We will not be divided. Where was the RSS when we fought and struggled to get the British out?”

“Who spoke first of the two nation theory, the Hindu Mahasabha; and many of the Hindu Mahasabha-ites are today in the Parliament (ruling party MPs)

" They (RSS and the BJP) spread violence in Muzaffarnagar, but did they grant the minimum support price for sugarcane famers there?"

" Modiji, when you go to UP (where elections are due next year), people will not check your nationalism certificate, they will check your report card. They will say prices didn't fall and the money you promised didn't come (into accounts). What will you reply, that you were fighting the ‘traitors’ of JNU?"

"People are asking, where are the jobs you promised."

Kanhaiya repeated his call for a broad- based coalition against the BJP. " Whatever the colour of your flag, or even if you don't hold a flag. You may see the world from a Marxist or Ambedkarite or Gandhian point of view. Today all these points of view are at risk. There is only one point of view, it is coming from Nagpur: ' Ekal rashtra banaenge .'
(If you understand this point and its intensity, then erase all lines, end this quarrel of colours and capture every colour. This country has no single colour.”)

" Smriti Irani says she is the mother of schoolchildren. OK Mataji , did you call the mother of Rohith Vemula or my mother and say, ' Your son may have done something, but I am standing with you. Meri Ma ko bhi mere saath desh drohi baya gaya hai.  Rohith Vemula ki maata ko bhi deshdrohi banaya gaya hai”
(My mother and Rohith’s mother have also been dubbed anti-nationals with us)

"To those who work for Rs 3,000 in the ( BJP/RSS) Cyber Cell, tell Modiji you won't abuse JNUites…. You won't troll those who like our posts, you won't abuse our mothers and sisters and friends for just Rs 3000. If you rise and say this, the first rally for your rights will happen in JNU."