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Punish the guilty

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Several legal initiatives have been launched in post
genocide-Gujarat in an effort to punish the guilty

 

The Islamic Relief Committee and the Federation of Civil Liberties are two Muslim associations that have lead or
sponsored certain initiatives.

The Jansangharsh Manch, a secular group from Ahmedabad, is also leading some of the cases related to compensation and police atrocities in Gomtipur.

The Citizens for Justice and Peace and CC are handling some criminal cases like the Gulberg-Chamanpura massacres, besides appearing before the Modi government–appointed KG Shah Commission of Inquiry. (Subsequently, Justice DH Nanavati has been appointed co-commissioner). They have also filed writs both in the Gujarat High Court and the Supreme Court.

The People’s Union for Civil Liberties, Baroda and Citizens Initiative, Ahmedabad, have also carried out some legal surveys and assisted with filing affidavits before the Shah-Nanavati Commission. Majlis, Mumbai, India Centre for Human Rights and Law and Lawyers Collective are some of the other organisations that helped individuals file affidavits before the Commission.

 

Cases before Supreme Court

In April, Mallika Sarabhai and other concerned citizens from Ahmedabad filed a petition challenging the appointment of the Shah-Nanavati Commission and urged that the NHRC be given full powers like a commission to investigate the Gujarat happenings.

Another writ petition filed by many prominent activists and citizens from Ahmedabad and Mumbai urged court directive to hand over major investigations in Gujarat — Godhra, Gulberg Society, Naroda Pattiya, Sardarpur, Visnagar, Kediad, BEST Bakery, Odh etc — to the CBI since the conduct of the Gujarat police has been questioned even by the NHRC. This petition was drafted by advocate Mihir Desai. Both petitions pending admission which have been clubbed together by the Supreme Court and are to come up for hearing in end–July.

In early April, senior advocate Girishbhai Patel appeared in a public interest writ petition urging a fresh date for board examinations given the dislocation caused by violence filed on behalf of scores of students. The Gujarat HC refused to entertain the PIL which was then taken up by India Centre for Human Rights and Law (advocate Colin Gonsalves) in the Supreme Court. The Supreme Court directed the government to set a new date for the examinations.

 

Cases before Gujarat HC

In the Gujarat High Court, senior advocate Nirupam Nanavati appeared with Suhel Tirmizi in the relief camp petition. Suhel Tirmizi is also actively involved in the recording of affidavits for filing before the Shah–Nanavati Commission. Senior advocate Mihir Desai, who has also taken an active interest in legal aid work post–genocide Gujarat, settled the draft of the petition.

In all, over 3,100 affidavits have been filed here by individual complainants before Commission.

Sardarpura massacre, Mehsana

Thirty–four persons, mostly women and children, were burnt alive in a small room in Sardarpur village. In all, there are 46 accused and they have been released on bail through four different applications filed before the additional sessions judge, Mehsana, D. R. Shah. Four applications have been filed for cancellation of bail of the accused by advocate Hashim Qureshi appearing for the victims’ families.

The public prosecutor in the district court, Dilip Trivedi, is also a general secretary of the Vishwa Hindu Parishad, Mehsana district. (He gave an extremely provocative statement on February 28 to the Sandesh daily).

The four applications for rejection of bail are on the grounds that even after being released on bail, the accused attacked a mosque in the same Sardarpur area. (FIR no. 110/2002 dated May 13 is launched with the Vijapur police station.). The PP did not take any objection to cancellation of bail. The High Court has issued notices in all these four matters filed under section 439(2) of CrPC. Chargesheets have been filed.

 

Deepla Darwaja, Visnagar, Mehsana district

Twenty–four persons were attacked and subsequently burnt to death. Thereafter, with a view to destroy the evidence, the culprits collected their remains and dumped it in a lake situated in a Patel community area.

Two cancellation of bail applications have been filed by advocate Hashim Qureshi against the 43 accused released on bail. Shockingly, the same PP (Mr. Trivedi) who never objects to bail applications by the VHP and the BJP had in this case, registered his ‘no objection’ to bail being given to the accused.

These applications have made several pleas, the main ones being that the police conduct in non–registration of names of accused, deliberate non–recording of panchnama and subsequent failure to help locate the victims’ bodies all ensured that easy bail was obtained. Prima facie there appears to be biased police conduct, a patent example of culpable negligence. Therefore, a special criminal application has also been made challenging the same.

Gomtipur police atrocities case, Ahmedabad

This case pertains to the death of six persons in reprisal killings by the police on April 21, after a police constable was killed at Dani Limda. Significantly, there were no disturbances in the area on that day, no members of the majority community reside anywhere around where the victims were targeted or shot dead.

Hanifabibi Bashir Ahmed Sheikh (42) a woman residing at Modi Chawl: She was killed because police constable Prakash hit her on the head. The VS Hospital post–mortem report shows cause of death as shock as a result of firearm injury. There is no FIR registered. No compensation has been given to date.

Kalubhai Sheikh (20), male, residing at Jhoolta Minara, Ahmedi Society: Just in front of the society, the police fired from the police chowki. He suffered a head injury and died on the spot. The post-mortem report from VS Hospital identified the cause of death as due to shock as a result of firearm injury.

Naziabibi and Mehmood Husein Sheikh (daughter and father) aged 18 and 42 respectively residing at Patel Chawl, Kamdar Medan: While cooking in her kitchen, Naziabi was hit by a police bullet, and she died on the spot due to head injury. Her post-mortem was done at the VS Hospital. Her father, Mehboob Hussein Sheikh was shot at in the same incident, outside the house.

Abrar Ahmed Hanif Qureshi (22),male, residing at Patel Chawl, Kamdar Medan: Though the main gate of the chawl was closed, police aimed from a hole in the gate. Neck injury, died on the spot. Post-mortem at VS Hospital.

Mehboob bhai Sultan bhai Sheikh, (22), male, residing at Maniarwada, Gomtipur: The police entered the chawl from a private house. Deceased was on the roof of his house when one police constable along with several police personnel beat him mercilessly. Then the constable, using a private firearm concealed in his socks, shot him from point blank range.

Four different applications have been filed before the Gujarat High Court on behalf of the victims and supported by the Islamic Relief Committee, praying for the special investigation by the crime branch and inquiry against the culprits/police constables and for compensation.

The grounds: The police authority totally failed in discharging their duty as per the provisions of the Police Manual, particularly Clause 45, 53, 55, 60 and 61 of part 3 of Volume 2. Therefore, this is a fit case for inquiry through proper channels, by proper office, as per the hierarchy of the police department.

In a case of Darmishta behn, the Gujarat High Court has led down the law on payment of compensation. The court ruled that when great loss and injustice is caused to a person who has loss his beloved, and his life has become miserable by way of an atrocity by the police officer, then he is not in position to meet with any orthodox litigation and proceeding. Therefore, interim compensation can be awarded under Article 226.

Dr Bhavnagari Case, Ahmedabad

On February 28, when many areas of Ahmedabad and the state of Gujarat were being attacked, a large mob of 5-7,000 had targeted the Paldi area of Ahmedabad where. Dr Bhavnagari, a respected doctor and his son lived in the Delite Apartments.

Dr Bhavnagari owns a licensed gun and is also an ace shooter, being a member of the National Rifle Shooters’ Association. When the mob advanced close and threatened the doctor and his family, he used his gun and fired. Two persons were injured and later one fell victim to the bullets.

The police arrested Dr Bhavnagari despite there being a strong case under section 66 onwards of the Indian Penal Code that permits a person firing in self–defence when his life is endangered. The police also filed an FIR against both the Dr Bhavnagari and his son on the ground that both had fired. The son surrendered to the police in late March.

Though the police had met one of the survivors of the bullets on March 3, they recorded his statement only on March 14. In his statement, the young man had stated that both father and son had fired in which two persons died. Applications for anticipatory bail filed for both father and son by advocate Haroon Momin were rejected in the City Civil and Sessions Court, Ahmedabad. The bail applications were then pending before the Gujarat High Court.

In its report, filed under section 159, CRPC on June 24/26 before the Sessions Court, the police stated: "If he had not fired, he could have died. A mob of 1,500–2,000 had attacked the building; shops were burning, they had deadly weapons and it was only when sections of this mob climbed the staircase of Delite Apartments that Dr Bhavnagari and his son fired."

When this report was filed in the Sessions Court, Chetan Shah, advocate for the VHP (he is appearing in all their cases) asked to be joined as party. Magistrate Purani turned down the application saying that he had no locus standi. The matter for deliberation on the police report under section 159 was pending.

Meanwhile, 90 days had passed since Dr Bhavnagari’s arrest. Under section 167(2) of the CrPC if no chargesheet has been filed within three months, a person has to be released. Both appeals for bail came up before the HC. Granting bail, the judge, Justice Behram J Sethna passed unwarranted strictures against two police officers — additional commissioner of police Satish Sharma and PI NH Joshi – for filing it’s report under section 159.

He says, "Therefore prima facie I am of the considered opinion that by submitting the aforesaid report, both of them have committed contempt of court for which even contempt proceedings could have been initiated against them; however on the request made by learned additional public prosecutor, Abhichandani and on the assurance given by PI Joshi that that in future this will not be repeated I have not thought it fit to initiate such proceedings. However I am fully convinced that the attempt made by both the police officers Shri Satish Sharma, additional CP Sector I and PI NH Joshi in ‘trying to interfere with the administration of justice by submitting the report dated June 24, 02 and June 26, 02 is a serious misconduct for which both the police officers should be dealt with strictly by way of departmental proceedings by the state govt. When the last day for filing chargesheet was June 30, 02 they submitted such report at the last minute and allowed the main accused to get the bail."

Archived from Communalism Combat, July 2002 Year 8  No. 79, Cover Story 4

Open letter to PM

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Rajya Sabha MP wants to contribute Rs. 1 crore towards Gujarat relief

 

June 16, 2002
Shri Atal Bihari Vajpayee
Prime Minister of India
New Delhi.

 

Dear Prime Minister
Having visited Gujarat and being in touch with the distressing situation there, I intend to contribute a sum of Rs. 1 crore from my allocation under "Member of Parliament Local Area Development Scheme" (MPLADS) for relief and rehabilitation of the victims of the recent communal violence in that state. I may be permitted to do so.

Under MPLADS every MP is entitled to an allocation of Rs. 2 crore per year for development works in his constituency or state. However, the Rules were relaxed to permit allocation by MPs under MPLADS for the victims of the Gujarat earthquake last year and of the Orissa cyclone in the year before. Similar relaxation may now be permitted for the benefit of the victims of the recent Gujarat holocaust.

If the rules are relaxed most MPs would like to utilise a substantial part of their allocation under MPLADS for this noble purpose. A contribution by a large number of Parliamentarians will motivate the people of the country to also contribute for this worthy cause.

I also urge you to kindly issue an appeal to all our countrymen to donate generously for this cause on the same lines of the appeals issued by you at the time of the Gujarat earthquake and the Orissa cyclone.

The above becomes necessary since the state government has not yet taken effective steps in this matter. The recommendations of the National Human Rights Commission including those relating to relief and rehabilitation are not being implemented effectively.

May I, therefore, request you to direct the state government to take the following measures urgently:

i) The compensation for the damaged/burnt/destroyed houses should be paid as per the norms adopted for the earthquake victims;

ii) The compensation for Ghat Vakhri (compensation for burnt/looted household articles) should be a minimum of Rs.20,000.

iii) Immediate allotment of house sites to enable the victims to relocate themselves with honour and dignity.

iv) Involving housing finance institutions like HUDCO, NHB, CANFIN Homes, LIC etc. to advance loans liberally with minimum paperwork and at nominal interest rates. The repayment period should be spread over a period of 20 years and it should begin after three years from the date of construction of the house.

With personal regards,

 

EDUARDO FALEIRO

MP, Rajya Sabha

 

Editors: As we go to press, Faleiro who has just returned from a tour to Turkey, told CC that all that he has so far got from the PMO in response to his letter is a formal acknowledgement. Meanwhile, a number of party leaders and MPs whom CC spoke to supported Faleiro’s initiative, especially in view of the fact that neither the governments in New Delhi and Gujarat, nor India Inc. have been particularly forthcoming in providing succour to the survivors of the genocide in Gujarat. Many felt that a substantial contribution from parliamentarians, would provide the badly needed emotional balm, apart from relief and rehabilitation in physical terms.

"It’s a very good idea and we should all support it," said the independent Rajya Sabha MP, Kuldip Nayar, adding that such a step would be a most welcome departure in parliament history. The problem in Gujarat is so colossal that what the government has done so far is a mere drop in the ocean, he said. "I am sure a lot of MPs will like to contribute to this effort once a decision is taken in this regard," he added. Stating that not all MPs might be willing to contribute Rs 1 crore out of the funds at their disposal, even Rs. 10 lakh per MP (5 per cent of the funds at their disposal), the contribution from 850 MPs from the two houses could add up to a substantial Rs. 85 crore.

"The BJP will not be enthusiastic about such and idea. It could work only if party leaders take it up seriously with the government," said an MP from the Samajwadi Party, adding that he would gladly push the case within his own party if the Congress top brass took a lead in the matter.

"It is definitely a good idea and we will certainly pursue the matter," Sitaram Yechuri, CPI(M) politburo member told CC when contacted for his response.

Meanwhile, not content with a mere acknowledgement of his earlier letter to the PM, Faleiro intends to follow up his earlier letter with a fresh missive arguing that his suggestion should be acted upon especially considering that a substantial amount of the MPLADS funds remains unutilised by many MPs.

Archived from Communalism Combat, July 2002 Year 8  No. 79, Cover Story 5

Male order

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Liberal Muslims, men and women, must condemn the male chauvinism of the All India Muslim Personal Law Board

There are at least two good reasons why liberal Muslims, men and women, must demand that the All India Muslim Personal Law Board can retain the acronym, AIMPLB, but change its name to All India Male Privileging Laws Board. Firstly, it should be evident to any one with even a little knowledge of Islam that while pretending to defend the Shariah, or the Islamic way of life, all that this assorted body of Muslim clerics actually does is to protect the privileges of Muslim males.

One has only to do a quick comparison with laws governing family relations — marriage, polygamy, divorce, maintenance and custody — prevailing in most Muslim majority countries, including those that call themselves Islamic to realise how shockingly anti–women India’s Muslim personal laws are. (That the separate personal laws for all religious communities in India discriminate against women does not concern us here.)

Secondly, just as the Hindutva–inspired Dharam Sansad gives a bad name to the very religion it claims to represent, the AIMPLB gives Muslims and Islam a bad name. It publicly proclaims and defends social practices that millions and millions of Indian Muslims would find too abhorrent to even contemplate.

Take, for example, the decision of the AIMPLB at its recent conclave in Hyderabad to challenge the Child Marriages Restraint Act, 1929, which stipulates 18 years as being the minimum marriageable age for a girl. The moulvis say that the Shariah says marriage is permitted the moment a girl or a boy attains puberty. So they now propose taking a case before the Supreme Court of India to argue that Indian Muslims be kept out of the purview of the law against child marriages!

(It is the same worthies, remember, who in the ’80s had raised a nationwide storm forcing the then Prime Minister Rajiv Gandhi to bring in a new legislation putting Muslims out of the purview of section 295 of the Criminal Procedure Code — Shah Bano case).

To appreciate what this demand amounts to in practice, please note that for a variety of reasons, in recent decades the age at which girls attain puberty has been going down. So it is no longer unusual for a girl to start menstruating when she is barely 10 or 11. Now imagine a situation where, heaven forbid, the Supreme Court or some future government concedes the outrageous demand of the male privileges board. The moment this happens, an aged Muslim male would be at perfect liberty to marry a girl child since there is nothing either in the secular laws of India or the shariah that puts a ceiling on the age gap between a man and a woman (or girl) of marriageable age.

So what happens if a 70–year–old Muslim husband gains the ‘blissful’ company of an 11–year–old wife? In the best possible scenario, as in the case of the repugnant practice of instant talaaq, moulvi sahebs compelled to condemn it as "socially repugnant" will nonetheless have to defend it as "theologically unexceptionable." But the rest of the modern world has a different word with which to describe such a relationship — paedophilia!

The wise men from the All India Male Privileging Laws Board may not know or couldn’t care less that paedophilia is today considered one of the worst forms of child abuse and there is a growing worldwide movement against this obnoxious practice. Campaigns have been launched against paedophiles from the West who are shamefully exploiting the poverty in developing countries to satisfy their sexual lust, the hapless child’s welfare be damned. But once the ‘Islamic paradise’ the Indian mullahs dream of prevails in India, western paedophiles need only fly to India convert to Islam and, hey presto, acquire a 10–year–old wife!

My God–fearing sister Nikhat, a housewife, expresses outrage when I ask her what she thinks of the ulema’s latest agenda. Irfan Khan (24) lives in Malavni, a large colony of mostly lower middle–class Muslims in Malad in Mumbai. He cannot think of a single Muslim marriage he has attended over the years where the girl getting married was a minor.

"These moulvis are mad. Who listens to them in any case?" says Irfan. Well, Varsha Bhosle, does. To this saffro sister, who obviously has serious problems with Islam and with Muslims, the Hyderabad conclave served up a delicious headline for her weekly column in rediff.com on a platter: ‘Paedophilia and the Muslim Board’.

For the last 10 years, the maulanas on the Board have doggedly stonewalled an elementary demand from Muslim women: their endorsement of a model nikaahnama that is entirely within Islamic principles and which, if popularised, could give a lot of succour to Muslim women. Amongst other things, it would put a check on the obnoxious instant talaaq practice.

It is time Muslim men and women realised that the AIMPLB, which hides behind the shariah, is a bastion of male privileges. To expect deliverance from these misogynists who have nothing but chadar and chardiwari to offer Muslim women (the Hyderabad meet also proclaimed purdah to be part of a Muslim woman’s ‘Islamic’ identity) is naivete to say the least. To go no further than the experiences of the past 15 years, it is clear that the courts of secular India remain the only forum from which Muslim women can expect some justice.

Archived from Communalism Combat, July 2002, Year 8  No. 79, Comment

Target: Bangla minorities

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Hindus and other religious minorities in Bangladesh were the target of widespread violence before during and after the general elections in October last year, in the Bangla Nationalist Party and Jamaat–e–Islami led alliance’s successful bid to grab power. Perceived as supporters of the ‘pro–minority’ Awami League, a large number of Bangla Hindus were killed, women raped and their property looted or destroyed, leading to their distress migration to India. Independent human rights groups, women’s organisations, other civil society actors and much of the press did a commendable job in highlighting atrocities against the country’s minorities. But the chief beneficiary of minority votes, the Awami League, was content to shed crocodile tears only after the orgy of loot, killing and rape was over. (See CC, December 2001, cover story).

A fresh round of violence in recent months indicates that the minorities of Bangladesh are being targeted with a vengeance yet again. In early April, a report in the Far Eastern Economic Review described the country under the new political dispensation as a "cocoon of terror." As was only to be expected, the Review report was accused of being ‘biased’ and ‘prejudiced.’ But within days of the ban on the April 4, 2002 issue of the magazine, a Buddhist monk and a Hindu priest were killed in their monastery at Hingala (Raozan PS, Chittagong district) and a temple at Manikchhari (Khagrachari district) respectively. Yet another Buddhist monk, also in the Raozan area survived only because locals came to his rescue.

Following a field investigation and interviews with victims, Rabindra Ghosh, an advocate and the Dhaka-based country co–ordinator of the global organisation Human Rights Congress of Bangladesh Minorities (HRCBM) reported gang rape of Hindu women and torture of men in Palagram village in Chittagong district in separate incidents on May 8 and May 14. In the assault on the night of May 14 by an armed group whom the victims described as "Islamic terrorists". "After they raped the women of the household (Hore family), miscreants threatened to slaughter the head of the household if all the belongings are not given. About 40,000 Taka worth jewellery and cash were stored in a steel Almery which was pushed upon Mr. Hore (72) until he agreed to hand over the belongings to the miscreants," says Ghosh’s report (www.hrcbm.org).

In an earlier incident on May 8 in the same village, an armed group of about 25–30 miscreants mercilessly thrashed Shri Pradiwpananda Brahmachari, principal of the local ashram, some of the miscreants gang–raped two young girls (aged 12 and 16) of the local Dey family and severely beat up their mother. "I asked them why they did not report this to local police, they flatly told me if they have done so justice will not be attained, miscreants will never be arrested instead, they will be subject to more torture and perhaps brutal slaughtering," Ghosh reported. The report also said that in what appears to be a new trend, several orphanages being run by and for members from the minority communities are being targeted.

Following a second field investigation and video–taped interviews with victims and police officials in Satkhira district on June 21 and 22, Ghosh has documented serious incidents of persecution of Hindu families. In one of these incidents, a local MP from the ruling BNP party, Md. Habibur Islam Habib is charged with terrorising a Chatterjee family in a brazen attempt to force her to leave the country and grab the substantial land they own. In the second incident at village Fatepur, about 14 kms from Satkhira town, Muslem Ali Gazi, a local Jamaat–e–Islami leader is accused of torturing a local Sadar family. "The mother and son of the Sadar family were unclothed and dragged out of their house tied up with rope and beaten up on the way to the torture cell of the accused Jamaat–e–Islami leader".

And on July 1, the HRCBM website sent out an action alert, stating that Ghosh, an advocate at the apex court, was abused and attacked by some pro–BNP advocates "with the help of some terrorists" inside the Supreme Court’s Bar Association Hall at Dhaka while a meeting was in progress. The video–tapes and other documentary evidence collected by him during the Satkhira investigation were also snatched away from him.

Meanwhile, newspapers have reported that fanatics from the border township of Haluaghat have been inciting Muslims over the public address system to kill local Christians to avenge the massacre of Palestinians in Israel.At a meeting of the Aid Bangladesh Consortium in March, the donor countries had warned that they would be forced to suspend aid to the country unless the rapidly deteriorating law and order situation is brought under control. But the continuing targeting of Hindus, Christians and Buddhists in different parts of the country since then leave little room for optimism.

Archived from Communalism Combat, July 2002 Year 8  No. 79, Neighbours 1