sabrangindia staff | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-staff-7-17230/ News Related to Human Rights Sun, 05 Sep 2021 13:42:22 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png sabrangindia staff | SabrangIndia https://sabrangindia.in/content-author/sabrangindia-staff-7-17230/ 32 32 Our Gauri: A Tribute to Gauri Lankesh https://sabrangindia.in/our-gauri-tribute-gauri-lankesh/ Sun, 05 Sep 2021 13:42:22 +0000 http://localhost/sabrangv4/2021/09/05/our-gauri-tribute-gauri-lankesh/ First Published on: 27 Jan 2018 Fearless journalist Gauri Lankesh was shot dead outside her home in Bangalore in September 2017. This film follows her political journey, envisaging what she stood for and her struggle for communal harmony until her last breath.   A documentary by Pedestrian Pictures

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First Published on: 27 Jan 2018

Fearless journalist Gauri Lankesh was shot dead outside her home in Bangalore in September 2017. This film follows her political journey, envisaging what she stood for and her struggle for communal harmony until her last breath.

 

A documentary by Pedestrian Pictures

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“Involvement of radical Hindutva elements in Bhima Koregaon violence: Pune Mayor” https://sabrangindia.in/involvement-radical-hindutva-elements-bhima-koregaon-violence-pune-mayor/ Wed, 29 Aug 2018 06:17:33 +0000 http://localhost/sabrangv4/2018/08/29/involvement-radical-hindutva-elements-bhima-koregaon-violence-pune-mayor/ First Published on January 23, 2018 Evidence has been mounting regarding the involvement of Sambhaji Bhide and Milind Ekbote in Bhima Koregaon violence. In a ground breaking fact finding report, Mayor of Pune Siddharth Shende has alleged, “There is sufficient evidence against them [Bhide and Ekbote] available in the public domain in terms of audio-visual […]

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First Published on January 23, 2018

Evidence has been mounting regarding the involvement of Sambhaji Bhide and Milind Ekbote in Bhima Koregaon violence. In a ground breaking fact finding report, Mayor of Pune Siddharth Shende has alleged, “There is sufficient evidence against them [Bhide and Ekbote] available in the public domain in terms of audio-visual proof. The duo has played a major role in instigating the Hindutva-minded vandals to target Dalits and their vehicles and they must be arrested at the earliest. They had a major role in injecting communalism in the minds of the innocent villagers to achieve the objectives of extreme Hindutva,”

Bhima Koregaon Violence
Image Courtesy: www.justicenews.co.in

The ten member fact finding and co-ordination team was appointed by Pune rural police to find out the main cause of the violence that ensued at Bhima Koregaon on January 1. The committee filed its report on January 20.

Meanwhile, the Special Inspector General of Police (SIG), Vishwas nangra Patil however alleged that the report was entirely wrong and misleading. He said, ““The government will issue a clarification in this regard soon,” he said.
 
Deputy Mayor of Pune, Siddharth Shende who led the team claimed that the Bhima Koregaon riots were pre planned and unlike the portrayal by some sections of media, were not the outcome of a fight between Dalits and Marathas.

Placing the onus where it lies, Mr. Shende said, “A minuscule section of radical Hindutva elements had conspired and targeted the Dalits. The local police also failed miserably in maintaining law and order situation on ground. There was a significant amount of pre-event information available with the police but the local police did not take necessary action in advance, which could have averted the riots”

He also added that all the facts that the team received were of “irrefutable evidential value” and that these will help the police in arresting the real culprits involved in the conspiracy. “The Dalits had written their own narrative of history and valour, which was not supported by a section of people vested interests, who then instigated violence against the Dalits” he added.

Hence, he explained that the main demand made by the committee was to immediately constitute a special investigation team (SIT) to carry out an independent and fair probe into the violence, booking the culprits under the stringent sections of NSA Act. He also said that now the Dalits had to face boycott in these villages.
 
The fact finding team comprised of 10 members who visited the villages around Bhima Koregaon. Vadhu Budruk, Shikrapur and Sanswadi and other nearby places.

The team comprised of members from the Dalit community, including professor Rahul Makhare, MN Kamble, Vikas Salve, Datta Pol, Shyam Gaikwad, Ramakant Khande, Rajendra Gaikwad, Kiran Shinde and others.
 
The Akhil Bharatiya Brahman Mahsabha, the staunch Hindutva group demanded the arrest of Siddharth Dhende alleging that they were trying to disturb law and order instead of working toward bringing peace in the society.
 
Related Articles
— Fear Stalks Kalyan East: Attempt to Murder Cases Filed on ‘Innocent’ Dalits
— What really happened in Bhima Koregaon
— Widespread Illegal Detentions & Arrests of Dalits , Combing Operations Continue in Dalit Bastis: Maharashtra
 

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Who is Milind Ekbote? https://sabrangindia.in/who-milind-ekbote/ Wed, 29 Aug 2018 06:13:01 +0000 http://localhost/sabrangv4/2018/08/29/who-milind-ekbote/ First published on January 22, 2018 The name of Milind Ramakant Ekbote surfaced once again after a period of relative silence—17 years to be precise– on January 1, 2018 when the violence unleashed against peaceful Dalits assembled at Bhima Koregaon to commemorate 200 years of the battle, was reportedly provoked by the machinations of extremists […]

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First published on January 22, 2018

The name of Milind Ramakant Ekbote surfaced once again after a period of relative silence—17 years to be precise– on January 1, 2018 when the violence unleashed against peaceful Dalits assembled at Bhima Koregaon to commemorate 200 years of the battle, was reportedly provoked by the machinations of extremists of the Hindutva brigade. An FIR has been lodged against him and Manohar ‘Shambhaji’ Bhide for provocations that led to attacks on Dalits.

 
Milind Ekbote
Image: Twitter

A History of (inciting) Violence
In 2001, the Maharashtra police had, after thorough investigation, taken a decision to arrest him. Ekbote is a resident of Shivaji Nagar, Pune; President of Dharmaveer Sambhaji Maharaj Pratishthan and the founder of Shiv Pratap Bhoomi Mukti Andolan. The Pune rural and urban police opined (October 30, 2001) that ‘strict action must be taken against him under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug-Offenders and Dangerous Persons Act, 1981(MPDA) Act, 1981 (Amended 1996).’ To effect this action, a Police Inspector of the Deccan Police Station, Pune, sent a proposal to 6 Police Commissioners and 1 Deputy Police Commissioner. This can be read in the original here. The SP Rural Pune had sent this proposal to CP, Pune arguing that following Ekbote’s activities in 2001, with a rise of his casteist movement in the city of Pune, the rural areas of Pune and Satara were in ferment and decisive actions should be taken. Even before 2001, there have been multiple cases against him since 1989, mainly infringing upon public peace by creating communal tension.
 
Following this report, CP Pune had prepared a detailed proposal, extracted detailed information on all the crimes that Milind Ekbote has been accused of and had given his final and conclusive approval to the proposal on November 2, 2001. Proud of being a staunch Brahmanist and ‘provoking communal tensions by promulgating the Bahujan youth of the area against the Muslim and the Dalit populations’, Ekbote was spared arrest in October 2001 by the reported interventions of none less than former deputy home minister LK Advani.
 
Reportedly, according to sources, it was a visit by then prime minister Atal Bihari Vajpayee on November 1, 2001 to inaugurate the Dinanath Mangeshkar Hospital in Pune that had set in motion the steps that worked to save Ekbote. Amidst this ceremony were also present the former Deputy Prime Minister L. K. Advani and the leadership of the National Congress Party (NCP). News of the proposed detention of Milind Ekbote under the MPDA had reached the ears of local RSS leaders who through senior leaders in the central government worked on top police officials, through a verbal order to the Pune Commissioner of Police to not take action against Milind Ekbote. Hence, it turns out that although it was received by the commissioner of Police on 3 November 2011, the final order on Milind Ekbote’s arrest was not signed. As is always the case ‘communal reactions’ were cited as reasons for avoiding the arrest.
 
Ekbote’s Modus Operandi
Ekbote allegedly assembles groups of Hindu Youth in the Pune and Satara Districts, and recites to them (distorted) stories from ‘Hindu History’ in relation to Chatrapati Shivaji Maharaj, Sambhaji Maharaj, Swatantryaveer Savarkar. These stories are constructed by him in such a way, that they are bound to incite the listener against the Muslim Community and give rise to Communal Tensions.
 
He has allegedly instigated mobs against the Afzal Khan Memorial Trust in Pratapgarh. He has further encouraged a communal procession after the jalabhishek celebrations at the Sorti Somnath Temple. He has also said that the Subhansha Dargah, which is situated in the centre of Shukrawar Peth, must be demolished as it causes an inconvenience to the passing travellers and traffic.
 
In the City of Pune, there are multiple instances of communal schisms. Muslim members of the community are being warned against Cow Slaughter, December 6 is ‘celebrated’ by the ringing of temple bells and young Hindu Members are being aggravated against the Muslims. Such provocations have kept intra-community tempers on the boil.
 
October 15, 2001 Police Recommendations on Ekbote
Communication from Pune City Rural, Dr. Madhav Sanap, Superintendent of Police, Pune Rural to Commissioner of Police, Pune. A copy of this communication was also sent to the State Intelligence Bureau and Special IG, Kolhapur Range.
 
In this communication (attached here), Sanap recounts Milind Ekbote’s provocative behaviour and inciteful speech on October 7, 2001 to a crowd near the Sorati Somnath Temple, following which the mob gathered there ‘the crowd moved deeper into the villages, where they demolished the Muslim Cemetery and Idgah, and set numerous Muslim shops and houses on fire. Shri Milind Ramakant Ekbote, after delivering a speech during the ceremony, immediately departed from the area. Although his involvement wasn’t material, he is nevertheless directly responsible for the events.’ The police thereafter registered an offence against him with relation to his criminal actions on October 9, 2001, an FIR. The FIR  was registered against him for defaulting under Section 75/2001, under IPC Sections 143, 147, 148, 149, 333, 353, 332, 435, 297, 116, 153(a), 1(a)(b)(c), and 2 and 505(2)(1)(k)(g), and Section 135, and Press and Registration Books Act 1867 to 3R/W 12. He was arrested at 00:30 (just past midnight) on October 11. The police goes on to say that ‘there have been multiple allegations made against him for instigation of communal violence in Pune City and the Satara District.’ The rural Pune police also opposed him being granted bail saying that Ekbote’s agenda is ‘to create a Hindu-Muslim communal conflict by hiding away oneself. Shri Ekbote is a staunch Hindu Fundamentalist, and if he is granted Bail, he is certain to take advantage of the currently brewing situation which will ultimately lead to riots in the society.’ It was following these series of incidents that preventative action under the MPDA was strongly recommended.
 
 
The details of the cases that are related to Inciting Communal Tensions are given below:
 
1.      Deccan Police Station : under sections 812/90, IPC 153 (a) (b), 34 435/92, Judicial, 435/92, 29.9.92
2.      Deccan Police Station: under sections 548/91, IPC 143, 336, 427, 120 (b), Case No 26,00/91 18.9.91
3.      Khadak Police Station: under sections 133/2001, IPC 143, 148, 149, 452, 427, 323, Section 37(1) 135, Judicial, Case Nos 89/2001 dated 14.6.01
4.      Deccan Police Station: under sections 368/01, IPC 341, 34, Judicial, /2001 dated October 25, 2001
5.      Satara City: 214/01, Section 143, 147, 341, 151, 186, ‘To be Enquired’
6.      Saswad (rural Pune): 75/01, IPC 143, 147, 148, 149, 333, 332, 353, 435, 297, 116, 153 (a), 1(a)(b)(c), and 2, 505(2)(1)(k)(g), and Section 135 Press and Registration Books Act 1867, 3
 
Detailed information on the cases lodged against him:
1.  Khadak Police Station, Case Number 133/2001 ( IPC Section 143, 147, 149, 452, 427, 323, Section 37(1), 135. )
The prosecutor Shri Sudhir Sabale, resides at 20 Gultekdi, Pune. On June 7, 2001,  at approximately 11.10 am, he was present at 105 Bhavani peth, Pune, at the Sabre Vagire Company. Here he had his Bidi Manufacturing unit that was registered under the name Sambhaji bidi. Milind Ekbote, along with 16 others entered the premises and demanded that the name of the unit be changed. After making such demands, they proceeded o destroying the office. In this process, the prosecutor lost Rs 15000. An FIR was lodged, and at 12:15 Ekbote was arrested. He was released on the same day on a bail of Rs 5000. After an enquiry was made into the case, on June 14, 2001 a charge sheet was filed against Ekbote and the 16 others (R 89/2001)

2.  Satara Police Station, Case number 214/2001 (IPC Section 143, 147, 341, 151, 186
On July 9, 2001, at around 12.00 p.m. at Powai Naka, Satara there was a procession. Pratapgarh Utsav Samiti, Shiv Pratap Bhumi Mukti Andolan and other Hindutva Vadi association members gathered and demanded that the government must take possession of the land that has been given to the Afzal Khan Memorial Trust in Pratapgarh. It was also demanded that any monetary aid asked for restoration and maintenance must not be provided for. This rally was conducted near the Collectors Office. After celebrating and garlanding the Shivaji Statue in Powai Naka, Satara, the procession left the location at around 12:00 and reached the region behind the  Collectors Office at 13:00 hours. This rally, of approximately 200-250 people, was led by Milind Ekbote. They stopped the traffic and the people who were trying to bypass the road behind the Office, that connected Powai Naka to Godoli. Although the police present there did warn them that their acts were illegal, they continued their protest. They proceeded to tear apart a green coloured cloth and set it on fire in the middle of the street. N M Jadhav, a Sub Inspector at the Satara City Police Station, lodged an FIR – following which Milind Ekbote was arrested on October 12, 2001, at 5.20 p.m.. On October 15, 2001 he was awarded a bail by the court.
     
3. Deccan Police Station, Case number 368/2001 (IPC Section 341, 34). The following events occurred on September 8, 2001, with prosecutor Ilyas Khawaja Saudagar, alias “Kureshi”, who resides at 904  Kasba Peth, Pune. His employer, Shakeel Qureshi, who resides at Mukkam Post Mahalunge, Taluka Haveli, District Pune bought 4 bullocks from Bhanudas Kasbe. He asked Ilyas to bring the animals to Market Yard for sale. While the prosecutor and the nephew were on their way via Goodluck Chowk, at 2 p.m. hours, they were stopped by Milind Ekbote and 2 other individuals. He stopped them, and asked them “Don’t you know me? I am Milind Ekbote.” Saying this, they refused to let them pass through and insisted that come with them to the Deccan Police Station, and they were forced to oblige. The above events were narrated to the Police, and on October 25, 2001 a case was lodged against him CC 4093/2001 in A.C. Court Pune.
 
4. Saswad Police Station Case No. 7/2001 ( IPC section 143, 147, 148, 149, 333, 353, 332, 435, 297, 116, 153 (a) (b) (c) and 2 and 505 (2) (k) (g) section 135 press of registration books act 1867 section 3)
On October 7, 2001, at 8:00 a.m. 50 to 60 members of the Vishwa Hindu Parishad conducted a jalabhishek ceremony at the Sangameshwar Mandir, Saswad. The ceremony ended at 10 a.m., after which a meeting was held during which Milind Ekbote gave a speech. This speech was entirely provocative in nature. People were instigated in the name of religion and dharma. Following this, all the individuals present at the ceremony were joined by many others at a gathering at Amar Chowk Nagarpalika. It was a gathering that ranged from 800 to a 1000 people. They proceeded to Garade Road, from where they entered the cemetery and started demolishing the place and pelting stones. Although the police asked them to stop, they continued the violence, injuring a few police officers as well. The Police charged at the crowd using lathis. A few people from the same crowd went to Hadako Colony, and surrounding  the ST Stand, on Hiware road, at Idgah Maidan, started pelting stones and severely damaged the area. In addition to this, multiple general stores and houses belonging to Ganibhai Bhagwan, and 12-14 other Muslim Community members, were completely destroyed. NS Bhosale Patil, lodged a complaint against the crimes on October 9, 2001, and at 12:30 a.m. he was arrested and was brought before the court in the morning. The crime is still being investigated by the police and remains pending.
 
The Build-up to Ekbote’s arrest
After the Crime mentioned above (Number 4), there was an increase in the number of reported accounts of stone pelting, riots, mass gathering of crowds, and general violence and imbalance in the region. There was a total damage done of Rs 44 lakhs, including damage to both Public and Private property. This was all a direct result of the provocative speech delivered by Ekbote and the rumours that were spread by him. A Curfew was placed in the region. The Muslim population was agitated due to these events, and a large number of them abandoned their homes and fled.
 
“Milind Ekbote is a man who can only create disorder and fear. He is capable of creating violence, where once there was only peace. He has been successful in creating a rift between the Muslims and the Hindus in the Region. This makes him a dangerous person, and people are scared of him. No person is willing to complain against him. In the view of such circumstances, the police have assured anonymity and protection to the people who are willing to speak and have been able to collect statements against Ekbote. Following this, 6 Police Commissions from the Deccan Department have conducted inquiries,”said a police source involved in preparation of the report.
 
The preceding year, in Samatha Nagar, Ekbote and a few other individuals created havoc by entering the regions slaughterhouses. When they arrived at Kondhwa in 2001, all the meat shops were shut down and people fled because of the fear they had. On October 23, 2001, an anonymous person called the Police Control Room and the Wanwadi Police Station, and informed them of the situation at Kondhwa. Police staff was sent to the region, and the situation was brought under control. This was noted in the Wanwadi Police Station, under station diary note number 23/2001, 23 October 2001, at approximately 5.55 p.m.
 
On March 9, 2001, in Central Pune, there were riots. It was later informed that these riots were conducted by the Students of the Islamic Movement of India. It is a possibility that, Milind Ekbote, as revenge, will mobilise Hindu separatist groups in the region. From the situation it can be gauged that, taking advantage of a situation of international conflict, the agenda is to create a Hindu-Muslim communal conflict.
 
Following these detailed reports, the Senior Police In-Charge studied the proposal and added his comments: ‘I have gone through the entire proposal against the proposed detainee. There are serious offences registered against the P.D. such as communal riots, spreading hatred between Hindu/Muslim community, terrorising Muslim people including businessmen legally authorised in slaughtering of cattles, without any authority by the proposed detainee, pressurising bidi manufacturers to delete the names of Sambhaji Maharaj& thereby indulging in communal & criminal activities, which are hazardous to the maintenance of public order & it is noticed from the criminal record of the P.D. that because of his such prejudicial activities, the even tempo of the society is disturbed’. Considering all these factors, proposed can be initiated against the proposed detainee under MPDA Act 1981.
 
Thereafter the Police Inspector P. C. B.Police Commissioner, Crime also scrutinised the proposal. The latter called him ‘a rank communalist’. The Additional CP too concurred after which there is a noting that says that ‘Commissioner SID & DG are of the views that review of the situation in the state and possibility of repercussions in rural areas / SataraDist, we may wait’. Documents were kept in the personal custody of the Additional CP.
 
And the rest as they say, is history. A man like Ekbote is free despite a more than chequered past. He continues in his career fomenting hatred and violence.

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Heartbreak and Hacking: What happened after the SC dismissed the PIL in the Judge Loya case https://sabrangindia.in/heartbreak-and-hacking-what-happened-after-sc-dismissed-pil-judge-loya-case/ Fri, 20 Apr 2018 08:32:12 +0000 http://localhost/sabrangv4/2018/04/20/heartbreak-and-hacking-what-happened-after-sc-dismissed-pil-judge-loya-case/ On Thursday April 19, 2018, the Indian Supreme Court dismissed a Public Interest Litigation (PIL) demanding a Special Investigation Team (SIT) enquiry into the death of Judge Brijgopal Harkishan Loya. The judgment drew widespread criticism, given how Judge Loya died under alleged mysterious circumstances. Senior advocate and activist Prashant Bhushan said it was a “black […]

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On Thursday April 19, 2018, the Indian Supreme Court dismissed a Public Interest Litigation (PIL) demanding a Special Investigation Team (SIT) enquiry into the death of Judge Brijgopal Harkishan Loya. The judgment drew widespread criticism, given how Judge Loya died under alleged mysterious circumstances.

Justice Loya

Senior advocate and activist Prashant Bhushan said it was a “black day”. He tweeted:

Student activist Shehla Rashid raised questions about the competence and credibility of the CBI. She tweeted:

Student leader tirned politician Kanhaiya Kumar too lamented the judgment. He tweeted:

The Congress Party, through AICC Communications Incharge, Randeep Singh Surjewala, issued a Press Release saying, “Congress Party is committed to people’s demand for a fair investigation in the matter surrounding Judge Loya’s death.”

But the drama for the day was far from over. Minutes after the judgment was read out, the Supreme Court website was allegedly hacked by a Brazilian hacker group. This made it difficult for anyone to obtain a copy of the judgment.

Ordinarily, a copy of the judgment is uploaded on the Supreme Court website. However, as the website was not accessible, no one, including the petitioners of the media could access the judgment copy. However, Law Minister Ravishankar Prasad managed to get a certified copy of the judgment before anyone else, much to the chagrin of the petitioners.

The Supreme Court website was restored in the evening. You can read the judgement here.

What the SC said
A three judge bench comprising Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar that heard the PIL, dismissed it saying, “There is no reason to disbelieve the sequence of events leading to the death as narrated by the four judicial officers namely Shrikant Kulkarni, Shriram Modak, R. Rathi and Vijay Kumar Barde and the assertions of Bombay High Court Justices Bhushan Gawai and Sunil Shukre.” It further admonished the petitioner for attempting to malign the judiciary.

Senior Counsel Dushyant Dave, Indira Jaising and V. Giri had appeared on behalf of the Bombay Lawyers’ Association, Former chief of the navy Admiral L. Ramdas, an intervenor, and Activist Tehseen Poonawalla respectively.

Previous controversy
On January 12, 2018, in an unprecedented move, four sitting judges of the Supreme Court came out and addressed a press conference alleging nepotism in the apex court. They alleged that the Chief Justice was assigning important and controversial cases only to a select few judges. They feared this cherry picking could have an impact on the judgment in these high profile cases, including the case pertaining to Judge Loya’s death.

 

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SC dismisses PIL demanding SIT probe into Judge Loya’s death https://sabrangindia.in/sc-dismisses-pil-demanding-sit-probe-judge-loyas-death/ Thu, 19 Apr 2018 06:30:37 +0000 http://localhost/sabrangv4/2018/04/19/sc-dismisses-pil-demanding-sit-probe-judge-loyas-death/ The Supreme Court has dismissed the Public Interest Litigation (PIL) demanding a Special Investigation Team (SIT) enquiry into the death of Judge Brijgopal Harkishan Loya. Judge Loya who was presiding over the Sohrabuddin Sheikh case in a Central Bureau of Investigation (CBI) Court, died in December 2014 under allegedly mysterious circumstances. He has earlier turned […]

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The Supreme Court has dismissed the Public Interest Litigation (PIL) demanding a Special Investigation Team (SIT) enquiry into the death of Judge Brijgopal Harkishan Loya. Judge Loya who was presiding over the Sohrabuddin Sheikh case in a Central Bureau of Investigation (CBI) Court, died in December 2014 under allegedly mysterious circumstances. He has earlier turned down an alleged bribe of Rs 100 crores to pass a judgment in favour of BJP Chief Amit Shah in the case.

Justice Loya

A three judge bench comprising Chief Justice Dipak Misra, Justice D. Y. Chandrachud and Justice A. M. Khanwilkar that heard the PIL, dismissed it saying, “There is no reason to disbelieve the sequence of events leading to the death as narrated by the four judicial officers namely Shrikant Kulkarni, Shriram Modak, R. Rathi and Vijay Kumar Barde and the assertions of Bombay High Court Justices Bhushan Gawai and Sunil Shukre.”

It further admonished the petitioner for attempting to malign the judiciary. Senior Counsel Dushyant Dave, Indira Jaising and V. Giri had appeared on behalf of the Bombay Lawyers’ Association, Former chief of the navy Admiral L. Ramdas, an intervenor, and Activist Tehseen Poonawalla respectively.

Judge Loya was presiding over the case which involved the 2005 ‘encounter’ killing of Sohrabuddin and his wife Kausar Bi. Within a month of Judge Loya’s death, M.B. Gosavi the judge who replaced him ruled that Amit Shah had no case to answer and discharged him from the case saying, “I found substance in the main contention made by the applicant [Mr. Shah] that he was involved in the case by the CBI for political reasons.” Interestingly, Judge Loya had himself taken over the case when the previous judge J.T Utpat suddenly moved out of the trial. Utpat had previously admonished Shah for his failure to appear before the court.

Loya had gone to Nagpur to attend the wedding of the daughter of another judge on November 30, 2014. On the morning of December 1, Loya’s family received a call saying Loya had died following a cardiac arrest. Caravan magazine published interviews with Judge Loya’s family members where they raised several questions about the manner in which his death was handled and that they feared that he may have fallen prey to foul play.

One of the suspicious aspects was that the family had received the call about his death at about 5am, yet the time of death recorded was 6:30am. Another curious aspect was how the hospital had pronounced that Loya died of natural causes, yet an autopsy was conducted. No panchnama was filed, neither was a medico-legal case registered as it required by law. Also the signature on the post mortem belongs to a ‘paternal cousin’, except no such person exists. Moreover, blood was found on Loya’s clothes which is curious because a heart attack does not cause bleeding.

Loya had allegedly complained of chest pains following which he was taken by autorickshaw to Dande Hospital where he was administered some medication. Later he was shifted to Meditrina Hospital as the ECG machine at Dande Hospital was not functioning. But he was declared ‘brought dead’ at Meditrina. Both hospitals are privately owned.

On January 12, 2018, in an unprecedented move, four sitting judges of the Supreme Court came out and addressed a press conference alleging nepotism in the apex court. They alleged that the Chief Justice was assigning important and controversial cases only to a select few judges. They feared this cherry picking could have an impact on the judgment in these high profile cases, including the case pertaining to Judge Loya’s death.
 

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Political Leaders turned Sexual Predators: Part 1 https://sabrangindia.in/political-leaders-turned-sexual-predators-part-1/ Thu, 19 Apr 2018 04:49:59 +0000 http://localhost/sabrangv4/2018/04/19/political-leaders-turned-sexual-predators-part-1/ The Kathua and Unnao cases have once again dragged India’s ‘rape culture’ into the spotlight. The fact that ministers of the BJP were seen at a rally in support of the key accused in the Kathua case, and yet another BJP Minister has been named as the key perpetrator in the Unnao case has led […]

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The Kathua and Unnao cases have once again dragged India’s ‘rape culture’ into the spotlight. The fact that ministers of the BJP were seen at a rally in support of the key accused in the Kathua case, and yet another BJP Minister has been named as the key perpetrator in the Unnao case has led to a growing chorus against parties with ministers and functionaries embroiled in cases of sexual abuse and assault. It appears that such tainted ministers are spread across party lines. Here are just a few examples of the rot in the system.

kathua and unnao rape case
Image: DNA
 
On April 28, 2016 the Gauhati High Court rejected the anticipatory bail application of Assam Congress leader Pranjit Choudhury who had been accused of rape by a 23 year old woman. The woman had alleged that the Choudhury had exploited her sexually after promising to marry her. She also alleged that he forced her to get an abortion and dumped her. Choudhury who was booked under relevant sections for rape, cheating and forcing an abortion, is absconding.
 
In June 2016, Gujarat BJP leader Jayesh Patel was booked for raping a 22 year old nursing student. The girl was a student of Vadodara’s Parul University of which Patel was the founder president. The complainant also accused Bhavna Patel, the rector of the women’s hostel of abetting the crime. Bhavna allegedly took the survivor to Jayesh’s home near the hostel where he raped her. He then threatened to fail and rusticate her if she reported the crime. The police have booked both the accused under IPC Sections 376 (committing rape), 323 (punishment for voluntarily causing hurt), 506 (punishment for criminal intimidation) and 114 (abettor present when offence is committed). Both Jayesh and Bhavna have been absconding.
 
On January 20, 2017, Anil Bhosale, a BJP Corporator from Mira Road was booked for allegedly raping and having ‘unnatural’ sex with a 44 year old woman. Bhosale is athe General Secretary of the Mira Bhayander unit of the BJP. The woman said Bhosale would drop in at her apartment on the pretext of helping her with her divorce. One day he allegedly raped her and filmed the act. He then blackmailed her with the video and forced her to have sex with him multiple times at hotels in Vasai. He also allegedly threatened to kill her son and shut down her beauty parlour. While the police filed charges under section 376 (rape) and 377 (unnatural sex) of the IPC, Bhosale is yet to be arrested. He went absconding after his anticipatory bail was rejected in February 2017.
 
On February 8, 2017 a 24 year old woman filed an FIR alleging that she had been gangraped by 10 people including four BJP members in Kutch. She also alleged that the accused filmed the rape and then forced her into prostitution thereafter. The four BJP leaders named in the FIR were Shantilal Solanki, Govind Parumalani, Ajit Ramvani and Vasant Bhanushali. They were promptly suspended by the party and arrested by the police.
 
On February 21, 2017, Bihar Pradesh Congress Committee Vice President Brajesh Pandey resigned over allegations of sexual exploitation when a daughter of a former minister of the same party. He was booked under various sections of the POCSO Act after the note was submitted by the CID Women’s Cell. Charges have also been filed under the SC/ST Prevention of Attrocities Act as the girl hails from a Scheduled Caste. But Pandey claimed that this was just a political conspiracy against him. His co-accused Nikhil Priyadarshi is absconding. However, the police are confident of building a case against him for running a sex racket along with his accomplices.
 
On February 23, 2017, former Delhi BJP MLA Vijay Jolly was booked for rape after a woman filed a complaint against him claiming that he sexually assaulted her after drugging her. The incident was said to have taken place at Gurugram’s Apno Ghar Resort on February 10, 2017. Jolly, who was once a legislator from Saket, was booked under 376 (rape), 328 (causing hurt by means of poison, etc.) and 506 (criminal intimidation) of the Indian Penal Code. However, Jolly refuted the claims alleging the woman was a member of the BJP’s women’s wing and tarnishing his image following a failed extortion attempt. Jolly filed a counter complaint against her under sections 384 (extortion) and 120 B (criminal conspiracy). Investigations are still on in the case.
 
On February 26, 2017, a BJP leader Bhojpal Singh Jadon of Morena in Madhya Pradesh and his two associates allegedly raped a Dalit woman after promising to help her get a Below Poverty Line (BPL) card. The woman who is a resident of Sumawali village in Morena needed the card to purchase food items at subsidised rates. Jadon, who is the chairperson of the society that runs the ration shop in the village, asked the 35 year old women to come to his office to get her card made and then took her into a room and raped her. He also threatened the woman with dire consequences. Police have booked the accused after taking into account eyewitness testimony of people who saw Jadon with the survivor on the day of the crime in Morena.

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#ModiNotWelcome protests greet Modi in London https://sabrangindia.in/modinotwelcome-protests-greet-modi-london/ Wed, 18 Apr 2018 12:43:09 +0000 http://localhost/sabrangv4/2018/04/18/modinotwelcome-protests-greet-modi-london/ Prime Minister Narendra Modi is in London to attend the 2018 Commonwealth Heads of Government Meeting, and to meet with UK Prime Minister Theresa May, as well as Queen Elizabeth II. Ahead of Modi’s visit, a digital van emblazoned with the words ‘Modi Not Welcome’ has been circulating in central London’s Parliament Square, Trafalgar Square, Embankment and […]

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Prime Minister Narendra Modi is in London to attend the 2018 Commonwealth Heads of Government Meeting, and to meet with UK Prime Minister Theresa May, as well as Queen Elizabeth II. Ahead of Modi’s visit, a digital van emblazoned with the words ‘Modi Not Welcome’ has been circulating in central London’s Parliament Square, Trafalgar Square, Embankment and Downing Street areas, according to the South Asia Solidarity Group. The van’s digital billboard also informs passersby about the eight-year-old girl in Kashmir who was drugged, gang-raped and murdered, saying that Modi’s “party leaders have been protesting in defence of her rapists.” #ModiNotWelcome protests were planned at Downing Street, where the residence of the prime minister is located, on Wednesday, April 18. 

Modi not welcomed

Modi will be hosting an online event, #BharatKiBaatSabkeSaath, later on Wednesday. The South Asia Solidarity Group, which says it is an anti-imperialist and anti-racist organisation, has called on netizens to launch a social media storm with the hashtags #ModiNotWelcome and #BharatKiBaatSabkeSaath. This is not the first time the UK has seen anti-Modi protests. His visit to London in November 2015 also prompted protests, with demonstrators gathering and chanting “Modi go home” and “David Cameron shame shame” outside Downing Street. 

Photo credits: South Asia Solidarity Group

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CBI registers fourth case in connection with ganrape of minor girl in Unnao https://sabrangindia.in/cbi-registers-fourth-case-connection-ganrape-minor-girl-unnao/ Wed, 18 Apr 2018 12:30:08 +0000 http://localhost/sabrangv4/2018/04/18/cbi-registers-fourth-case-connection-ganrape-minor-girl-unnao/ In fresh developments in the Unnao rape case, the CBI has filed yet another case naming Shubham Singh and Awadesh Tiwari as accused in the kidnapping and rape of a minor girl in Unnao. Charges have been filed under sections of the Protection of Children from Sexual Offensec (POCSO) Act. Earlier FIRs had been filed […]

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In fresh developments in the Unnao rape case, the CBI has filed yet another case naming Shubham Singh and Awadesh Tiwari as accused in the kidnapping and rape of a minor girl in Unnao. Charges have been filed under sections of the Protection of Children from Sexual Offensec (POCSO) Act. Earlier FIRs had been filed in the case for kidnapping, rape and rioting (that led to the father’s death).

Unnao Protest
Image: Hindustan Times

The girl, who was a minor when she was allegedly raped in June 2017, had filed an FIR against UP BJP MLA Kuldeep Singh Sengar who she named as the perpetrator. However, no action was taken after nearly one year and the survivor’s family began facing harassment. In fact the police filed a case against the survivor’s father under the Arms Act after he was allegedly beaten up by Anil Singh, one of Sengar’s brothers. The survivor’s father was taken in into custody on April 5, 2018.

The survivor protested by attempting suicide outside UP CM Adityanath’s house on April 8, 2018. Just the next day the girl’s father died under mysterious circumstances while still in police custody. The survivor alleged that he was beaten to death at the behest of Sengar and his brother. Indeed, his autopsy report shows he died of shock and septicaemia. However this was made to look like a death during a rioting incident while in custody.

An SIT probe was subsequently ordered into both, the rape case as well as the case of custodial torture and death. Kuldeep’s brother Atul Singh Sengar was arrested on April 10.

Though the Allahabad High Court ordered Sengar’s arrest, he was only detained by the CBI and not arrested. The Adityanath administration came under scathing criticism by the court for its lackadaisical attitude towards the case. The fourth case names Subham Singh and Awadesh Tiwari, who took the girl on the pretext of giving her a job, but raped her on the way in the car. She was subsequently held captive in Shubham’s house and raped by other people including Sengar. The Allahabad HC has also asked the investigation agency to file a status report on May 2.

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Meghalaya Editor attacked with Petrol Bomb https://sabrangindia.in/meghalaya-editor-attacked-petrol-bomb/ Wed, 18 Apr 2018 12:14:42 +0000 http://localhost/sabrangv4/2018/04/18/meghalaya-editor-attacked-petrol-bomb/ A petrol bomb was thrown at the home of Patricia Mukhim, editor of The Shillong Times, on the evening of Tuesday, April 17 in Umpling, Meghalaya. No one was injured. Eyewitnesses said that they spotted two masked men on a motorcycle throwing a petrol bomb at Mukhim’s home at around 8.25pm. Reports said that Superintendent of Police Davis Marak arrived at the scene […]

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petrol bomb was thrown at the home of Patricia Mukhim, editor of The Shillong Times, on the evening of Tuesday, April 17 in Umpling, Meghalaya. No one was injured. Eyewitnesses said that they spotted two masked men on a motorcycle throwing a petrol bomb at Mukhim’s home at around 8.25pm. Reports said that Superintendent of Police Davis Marak arrived at the scene soon after locals notified him.

petrol Bomb
Image: NDTV

Mukhim, who received the Padma Shree in 2000, posted a photograph of the bomb on Facebook, writing, “My home attacked with petrol bomb today at 8.35 pm. I am shocked. Those who did this ugly deed need to be arrested.. I heard the explosion and saw the flames rising. It’s a terrible feeling”. Other journalists came out in support of Mukhim, with Rajdeep Sardesai tweeting, “Very troubling news from Shillong: one of our finest editors, Patricia Mukim of Shillong Times has a petrol bomb thrown at her residence. Hope culprits will be caught soon. Shillong press club to protest: we all stand in solidarity.”

The Shillong Press Club “strongly condemned” the incident, with President David Laitphlang calling on authorities to “leave no stone unturned” in capturing those who were behind it. “Peace has been our hallmark but we will not cower down before forces of evil and no attempt to dissuade us from discharging our professional duties and rendering our service will ever fructify,” he said. 
 

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Prosecution’s Wafer Thin Case allowed Aseemanand to Walk Free https://sabrangindia.in/prosecutions-wafer-thin-case-allowed-aseemanand-walk-free/ Wed, 18 Apr 2018 05:59:59 +0000 http://localhost/sabrangv4/2018/04/18/prosecutions-wafer-thin-case-allowed-aseemanand-walk-free/ After 5 accused in the Mecca Masjid blast case were acquitted by a special National Investigation Agency (NIA) Court on April 16, came the shocker… the judge who passed the order resigned suddenly siting personal reasons. Moreover, the NIA is unlikely to be able to appeal the acquittals given the wafer thin case it built […]

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After 5 accused in the Mecca Masjid blast case were acquitted by a special National Investigation Agency (NIA) Court on April 16, came the shocker… the judge who passed the order resigned suddenly siting personal reasons. Moreover, the NIA is unlikely to be able to appeal the acquittals given the wafer thin case it built against the accused. The shoddy investigation, failure to collect hard evidence and over reliance on confessional statements are said to be the prosecution’s undoing in the case.

Aseemanand
Image: PTI

The Mecca Masjid Blast
On May 18, 2007, a cell phone triggered pipe bomb exploded in the Wazukhana or the Mecca Masjid in Hyderabad killing 8 people and injuring 58 others. Nearly 10,000 people were offering Friday prayers at the time of the blast. Two unexploded IEDs were later recovered from the site. The explosions led to panic and also violent retaliation. Some members of the minority community went on a rampage destroying public property. The police came in for scathing criticism when it fired indiscriminately at them killing 5 people.

The HuJI Angle and Wrongful Detention of Muslim Youth
The Hyderabad Police conducted an initial probe, and pointed a finger of suspicion toward the Harkat ul Jihad al Islami (HuJI). A man named Bilal, linked to HuJI was blamed for the attack. He was later killed in a shootout. The police reportedly detained more than 50 Muslim youth during the investigation.

A fact-finding panel with the state’s minority commission found that the youth were illegally confined and tortured by the police. The youth were all subsequently acquitted, and, as per the National Minority Commission’s recommendation, the state government handed out monetary compensation to them. In September 2013, the Andhra Pradesh High Court set aside the compensation paid to the youth. 

Cases bounces from local cops to CBI to NIA
After the CBI took over the case, it filed a chargesheet against Rashtriya Swayamsevak Sangh (RSS) pracharak Devendra Gupta and RSS activist Lokesh Sharma. They were said to be working with another former RSS pracharak Sunil Joshi who was shot dead by unidentified gunmen on December 29, 2007 in Dewas.

The NIA took over in 2011 and filed a supplementary chargesheet against former Rashtriya Swayamsevak Sangh (RSS) activist and self-styled cleric/preacher Aseemanand, alias Naba Kumar Sarkar. They claimed he was a key player in radicalising and recruiting people for the purpose of exacting ‘Saffron vengeance’. Five people were arrested: Aseemanand, Gupta, Sharma, Bharat Mohanlal Rateshwar and Rajendra Chowdhry. Two accused–Sandeep Dange and Ramchandra Kalsangra–are still absconding.

Evidence vs Confessions
There was little evidence provided and the prosecution’s case was built entirely on confessional statements. Aseemanand, who was one of the main accused and who had also been implicated and later acquitted in the Ajmer blast case had confessed to his involvement in the Mecca Masjid blast in December 2010. By January right wing groups started claiming that Aseemanand was forced to make a false confession. In April that year, Aseemanand too retracted his confession saying it had been extracted under duress. The conspiracy charge that was based on call data records of the accused and witnesses who had attended meetings mentioned in Aseemanand’s confession. Most of the witnesses turned hostile in court.

The NIA alleged Aseemanand said, “Bomb ka jawaab bomb se dena hai,” in his meetings with other accused, but was eventually unable to prove this in court. The prosecution also relied on the comparision between explosives used in the Ajmer blasts and the Mecca Masjid blasts. However, in Aril 2017, a Jaipur court acquitted Aseemanand in the Ajmer blast. This further weakened the prosecution’s case against Aseemanand in the Mecca Masjid matter. Of the 226 witnesses sited, none apart from the official witness supported the prosecution.

Moreover, a red shirt suspected to have belonged to one of the persons who planted the bomb was recovered from the blast site by the local police. But this key piece of evidence never made it to the NIA when it took over the case from the CBI.

The Curious Case of Devendra Gupta
Devendra Gupta, a former RSS pracharak was named by the CBI as one of the first accused in the case along with Aseemanand. He was found guilty in the Ajmer blast case, where the NIA was able to prove in court that Gupta had cellphone SIM cards used to time and trigger the bombs kept at the Sufi shrine.

This is pertinent because SIM cards from this very set were used to trigger the blast at Mecca Masjid. According to the chargesheet, these SIM cards had been purchased by Gupta and his accomplices Ramchandra Kalsangra and Sandeep Dange under fake names from Jharkhand, Bihar and West Bengal. They were used to not only communicate and discuss the conspiracy but also as triggers for the bombs. In fact, a SIM card from an unexploded bomb from Mecca Masjid had match with a phone used in the Ajmer Dargah blast.

However, the NIA failed to convince the court of Gupta’s complicity in the Mecca Masjid case and he was acquitted along with Aseemanand, Lokesh Sharma, Bharat Mohanlal Rateshwar and Rajendra Chowdhry, on April 16. 

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