“Repeated hearings but no hearing”

Farzana Yasmeen, Meeran Haider’s sister, said that while the family is deeply troubled, her brother continues to be content that he raised his voice for what is right.

“This is the fifth year that he is in jail. Meeran always raised his voice for rights and justice, but did not raise his voice for anything that should warrant his imprisonment. The family is in pain, because he is in jail. But whenever I meet him he says he is happy to have raised his voice for what is right. When I attend such gatherings and then tell him that many people had come, he tells me that this gives him happiness and joy,” his sister Farzana said.Haider, along with Khalid and others have been booked under the Unlawful Activities Prevention Act (UAPA) and various provisions of the IPC (Indian Penal Code) in connection with the Delhi riots larger conspiracy case.

Haider, who was arrested in February 2020, withdrew his bail application last week from the Delhi high court where it had been pending and said that he would now move the trial court.The issue of years of incarceration without trial or bail was also highlighted by Athar Khan’s mother, Noor Jehan. Khan has also been booked under UAPA and was arrested in July 2020.

“Our case came up in court 62 times but still there has not been a hearing. Whenever the Supreme Court says that ‘bail is the rule and jail is the exception’, we feel a sense of hope that our matter will now move. But nothing changes and we keep waiting for when he will get bail. He raised his voice for what is right, for all of us. And today he is in jail for four years,” she said.

Along with the families of other political prisoners – Gulfisha Fatima, Meeran Haider, Khalid Saifi, Athar Khan, Umar Khalid – all of whom participated in the CAA-NRC protests and were arrested in 2020 following the riots in Delhi, were also present at a public meeting and demanded their immediate release. The meeting was organised by the Association for Protection of Civil Rights (ACPR) in New Delhi.

“It is said that any democratic society has three pillars – the executive, the legislature and the judiciary. And these should be separate. But if the Chief Justice of India invites the prime minister to his house (for a puja) and that is made viral, do I have any hope of getting justice?” said Khalid’s father S.Q.R Ilyas while speaking at the same public meeting. “It is time to raise questions not just against the judiciary and the government but also against the opposition,” he said. Ilyas also questioned why action is not taken against police officials when a person is found innocent.

The meeting was also attended by Congress leader Digvijaya Singh, Communist Party of India (Marxist-Leninist) Liberation General Secretary Dipankar Bhattacharya, Supreme Court advocate Shahrukh Alam, Hartosh Singh Bal (Executive Editor at The Caravan), comedy and satire artists Kunal Kamra and Sanjay Rajoura, and actor Swara Bhasker.

The selective application of the Supreme Court’s recent pronouncements stressing on the principle of granting bail was further stressed and highlighted by Nargis Saifi, Khalid Saifi’s wife who said that her children are waiting for their father as they grow up.

“He raised his voice for his rights, so he was jailed. He has not been given bail even after four-and-a-half years, while those charged for rape, corruption, are being let out on bail,” she said.

Saifi also demanded greater solidarity in support of her husband and others and asked, “Where are the tens of thousands from the CAA-NRC protests? Is this how we show support for our comrades still imprisoned?”

Discrimination in protests: some seen as national catharsis, others as “terror conspiracy”

Advocate Shahrukh Alam, drawing references to the Supreme Court’s remarks during the ongoing R.G.Kar rape and murder case, where it referred to protests as a form of national catharsis said that a definition needs to be drawn about what kind of a protest constitutes national catharsis and when it is regarded as a terror conspiracy. “Who must define this? State cannot as it is a party. The court needs to do this. Why is the police using UAPA on protestors?” she said.

“Does a protest need to have the endorsement of the majority for it to be legitimate for the court to feel this is something right? This problem of discrimination and oppression of Muslims is systemic but also individual and affects people personally,” she said.

Alam meanwhile also referred to Rahul Gandhi’s recent statement in the US about religious freedom in India by citing the example of Sikhs, and questioned why “purported political allies shy away from naming Muslims.”

“RSS doesn’t believe in democracy or the Constitution”

Congress leader Digvijaya Singh who was also present at the event said that he comes from a region which is referred to as the RSS’ “nursery.”

“I come from an area which is called a nursery of the RSS. They neither believe in democracy or the constitution. Anyone who speaks for Muslims is anti national. And this ideology  is a big threat to us and will remain so. The way this ideology has infiltrated every sector is a big danger to the constitution and to our democracy,” said Singh.

“The RSS is not a registered body, it does not have any membership or account. If anyone is caught they say we don’t have membership. Similarly when Nathuram Godse was caught they said we don’t have any members. They have infiltrated every sector whether it is bureaucracy or judiciary,” he added.

Singh, who is a former chief minister of Madhya Pradesh, said that riots cannot take place without the knowledge of the police and the administration, and claimed that during his tenure as Madhya Pradesh chief minister no major riots took place in the state.

“Now we have to unite against the bulldozer justice of this double engine government. This bulldozer is not just being run on their houses but on their families as well. The BJP and Modi are using bulldozers on the constitution as a political weapon.”

Related:

Umar Khalid – The Inquliabi

Jailed Without Trial: Umar Khalid’s 4-Year Ordeal Ignites Solidarity

The post Kin of incarcerated anti-CAA activists question Selective use of ‘Bail is the Rule’ principle appeared first on SabrangIndia.

On April 12, 2022, the Aurangabad Bench of the Bombay High Court directed the Maharashtra state government to make applications for withdrawal of cases pending against farmers and social activists across the state which were filed in course of agitations/demonstrations, and directed the subordinate courts to decide these applications on a priority basis.

This was in connection with the petition filed by Ajit Babanrao Kale seeking directions against the government to implement the policy decision as per GR (Government Resolution) dated March 14, 2016 and to withdraw the said criminal cases. A division bench of Aurangabad comprising Justices R D Dhanuka and S G Mehare directed the state government to file an affidavit and submit a report for the consideration of the court by June 15.

During the hearing, the petitioner argued that despite various resolutions issued by the state government proposing to withdraw the criminal prosecution against the farmers and social activists, they are not implemented in the right perspective.

Government Pleader, DR Kale submitted a copy of the chart to submit that a committee has taken decisions in some cases to implement those resolutions in right perspective but all the pending proposals could not be decided during the period of pandemic. The submitted chart indicates that the committee has already decided to withdraw 314 cases. He further stated that even though applications are filed before the court dealing with such pending cases which are agreed to be withdrawn, they are not being heard.

Accordingly, the High Court has directed the state government to file applications for withdrawal of prosecution in those pending cases which are already agreed to be withdrawn as recommended by the committee within two weeks from the date of the order. Further, the subordinate courts have been requested to give priority to such applications for withdrawal of prosecution in those cases and to dispose of those cases within two weeks from the date of filing of such applications by the state government.

With respect to the cases in which the committee has taken a decision to withdraw prosecution but no such applications are made by the state government, the High Court directed the state government to make such applications within two weeks from the date of the order.

In case of any pending application before the Aurangabad bench, the Court directed the Government Pleader to furnish it to the Registrar of the bench within two weeks from the date of the order.

The bench further directed the state government to file an affidavit with respect to other cases pending before the committee for consideration, to expedite those cases and submit a report for consideration of the Court by June 15. The Court said that further directions would be given pursuant to filing of affidavit by the State Government. Finally, the Court made it clear that the process of implementing the resolutions shall not be stopped by the committee and prompt action in right perspective shall be taken at the earliest.

The order dated April 12, 2022 may be read here: 

As many as 31 prominent members of the society have urged the State Home Minister, Shri Dilip Walse Patil to close the FIRs/criminal prosecutions filed against civilian protesters involved in peaceful, democratic protest in Mumbai against the Citizenship Amendment Act (CAA), the National Population Register (NPR) and the nationwide National Register of Citizens (NRC) between January and February 2020. They request the Maharashtra Government to immediately and unconditionally take back and withdraw the protest cases along with any other criminal cases initiated by the Mumbai Police and request that in the meantime, no coercive action whatsoever be taken in these criminal cases.

The letter dated April 22, 2022 may be read here:

Related:

Protesters Gather to Protest the CCA 2019/NRC in Mumbai

Right to protest not taken away if law is challenged before court: Andhra HC

Farmers still facing charges from last Republic Day parade

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Disappointed by police inaction, four social activists from Bengaluru alleged on April 9, 2022, that the Karnataka police are unable to carry out their duties due to political pressure. The criticism came during a press meeting regarding the delay in registering an FIR against hate-monger Hindu Janajagruti Samiti Coordinator Chandru Moger.

Since April 6, activists Khizer-e-Alam, Waseem Raja, Zia Nomani and another person have been trying to register an official FIR against Moger, who claimed the community monopolised the fruit vending business, and were allegedly spitting on products as a form of “spitting Jihad”.  The man reportedly called for an economic boycott against Muslim fruit vendors.

However, the police have only responded with a Non-Cognisable Report on Friday. This, despite meeting the Commissioner of Police, the Assistant Commissioner of Police and DCP North; the department is yet to register the formal document.

“We believe this is due to tremendous political pressure under which the police department has been functioning over time. We call upon the department, concerned officers to ensure independence of its force which is extremely vital to maintain law and order and to ensure a safe environment for citizens,” said Raja.

The activists called the allegations by Moger “a brazen attempt to malign and defame the Muslim community with the sole purpose of creating hate and divide between the communities in the state of Karnataka.”

Observing that the state government had left the issue unaddressed, activists approached the Sanjay Nagar police station to lodge an FIR against the prima facie cognisable offences. However, Sanjay Nagar Inspector Balraj said that there was a confusion about certain details like where the event took place and when. “We are trying to proceed with this,” he told SabrangIndia. He further assured that the delay with the FIR should be resolved by the end of the week.

Meanwhile, the activists called upon citizens to recognise and seek an independent and transparent police force, free from any political interference. Referring to the Supreme Court and various High Courts, Nomani said “Unity in Diversity” is the ideal way of life considering that India is a unification of people from diverse cultures, religions and races. He also cited the apex court in Tehseen Poonawala Vs Union of India & others that laid down guidelines to check the spread of hate speeches, provocative statements and fake news. In it, the court directed state governments to designate a senior police officer to take preventive measures.

Recently, Karnataka has become a hotbed of hate speech against the Muslim community. Right-wing elements are calling for an economic boycott of businesses owned by Muslims after demanding a ban on hijabs inside classrooms. Zomani said all of this has created an atmosphere of communal divide, mistrust within the state that is quickly spreading to other parts of the country.

“This is a direct attack on the peace and harmony of our society, which requires necessary, quick and strict actions by the law enforcement authorities against the fringe elements, in order to maintain peace and harmony between the communities of our society,” he said.

Related:

Karnataka police allegedly delays FIR against claim of “spitting jihad”
Are increasing calls for economic boycott of Muslims a sinister precursor to something worse?
How Halal is your harassment?
Bajrang Dal smells an opportunity in stirring the halal pot, pastes boycott posters

The post Activists claim Karnataka police under tremendous political pressure appeared first on SabrangIndia.

Hundreds of eminent social activists, writers, filmmakers, defence veterans, retired civil servants, journalists, lawyers, and concerned citizens are raising their voices together against the government’s Rs 1,200 crore proposal to alter the Sabarmati Ashram, one of the most enduring examples of Gandhi’s legacy. According to an Indian Express news report, Gujarat’s authorities have already begun the process of clearing residential properties within Ahmedabad’s Sabarmati Ashram premises. This is being done to begin the Project Gandhi Ashram Memorial and Precinct Development, which according to the report will “develop a world class memorial as part of a project planned under.” The government reportedly wants to make it a “world-class” tourist destination and has earmarked Rs 1,200 crore for the project.

Sabarmati Ashram, is well known the world over as the place where Mahatma Gandhi lived from 1917 to 1930. Gandhi led the Dandi March from the Ashram and pledged not to return until India gained Independence. He disbanded the Ashram in 1933, and after Independence Gandhi’s associates and followers formed Sabarmati Ashram Preservation and Memorial Trust to protect the buildings and archival possessions of the Ashram for posterity. The signatories to the letter opposing the ‘redevelopment’ recalled that “there were five more trusts under the Ashram. They conduct their activities independently. Sabarmati Ashram Preservation and Memorial Trust looks after the buildings including Hriday Kunj—the residence of Gandhi and Kasturba.”

They highlighted the “simplicity and sanctity” of Hriday Kunj that “greets thousands of visitors coming from all parts of the world daily in truly Gandhian fashion, without frisking or security check or sight of armed persons. The visitors also feel touched and inspired by the aesthetics, openness, and sanctity of the place. The museum building designed in the early 1960s by Charles Correa reflects all the above-mentioned values and comes across as an integral part of the premises. Anyone passing by the adjoining road can drop in for a brief visit to Hriday Kunj or can have a glimpse of the museum as per convenience and available time.”

According to the concerned citizens and activists, the government’s proposed project that wants to make the ashram “a ‘world-class’ tourist destination spread over 54 acres” has planned for new museums, an amphitheater, VIP lounge, shops, food court among other things. This they say “is in keeping with the present government’s strategy to appropriate and commercialize all Gandhian institutions in the country” adding that the “worst example of this can be seen in Sevagram.” They state that even more “frightening” is the government move to “control” all Gandhian archives. “As Mahatma Gandhi was murdered by elements whose ideology still inspires some of those in power in India, this danger cannot be overlooked,” they write in the public statement jointly signed to oppose any such ‘redevelopment’ plans.

The proposed plan “severely compromises and trivializes the sanctity and importance of the present-day Ashram, mainly Hriday Kunj, surrounding buildings, and the museum,” they state. There will also be other problems as “access to Hriday Kunj and the present Museum will be blocked as the road passing by it will be closed. The new entrance will have at least a VIP lounge and a new museum before Hriday Kunj and the current museum.”  

The Sabarmati Ashram has lakhs of visitors each year and “has never needed a ‘world-class’ makeover to attract tourists” as the Gandhian “authenticity and simplicity of the place has been enough.” The concerted citizens minced no words and stated that “the proposed plan at best envisions a ‘Gandhi theme park’ and at worst ‘a second assassination’” as “the most authentic monument of Gandhi and our freedom struggle will be lost forever to vanity and commercialization.” They write that public money must continue to be used for “the proper maintenance and upkeep of such institutions, in consultation with eminent Gandhians, historians and archivists from India and around the world”.

The statement may be read here: 

Related:

Twelfth of March: Gandhi and Grande
SC greenlights Central Vista project, decision split 2:1 

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Over the past few years, Indian civil society has been badly hit by use of laws such as Unlawful Activities Prevention Act (UAPA), sedition, FCRA, NSA, AFSPA* and various other similar laws. UAPA is possibly the most extreme due to its stigmatising effect and the Himalayan problem of getting bail, used wantonly in a large number of cases such as the Bhima Koregaon case, Akhil Gogoi case, the recent Andhra Telangana arrests, the Hathras rape case, Delhi CAA-NRC cases, Reliance workers cases, Jharkhand Adivasi cases and a multitude of others.

This was coupled with the Zahoor Vatali Judgment of the Supreme Court (2019) which made bail virtually an impossibility. It is in this context that the Delhi High Court Judgment has arrived as succour and solace not only to those arrested but to civil society as a whole.

The facts are known to all followers of the Shaheen Baug and related protests concerning CAA/ NRC. Peaceful in Delhi and across the country were led by women and students and went on for months. A riot took place–according to most neutral observers started by the saffron brigade and helped by complicit actions of the police. The protests were sought to be turned on their head by the authorities claiming that Muslim groups and certain radical students were the ones who conspired and helped carry out the riots. This was despite clear evidence to the contrary. FIRs were lodged and students including Natasha, Devangana and Asif were arrested under the infamous FIR No. 49 of 2020 apart from other FIRs. Initially the charges were under ordinary criminal law but after that UAPA was added more particularly Sections 15, 17 and 18 of the UAPA dealing with terrorist acts.

The National Investigating Agency (NIA) took over investigation and the Special Court rejected bail. Appeals were filed in High Court which ultimately led to the Judgments on June 15, 2021.

There are three separate judgments but the lead Judgment is the one given in Asif’s case. While the Judgments only grant bail and the trial continues, their importance and the potentialities cannot be seen only in this limited context. Many of us are delighted because young, conscious and sensitive students have been set at liberty, finally. However, the Judgments go much beyond this and the opportunities opened up by these verdicts are immense. It is this context which I want to examine in the present piece.

The importance of these Judgments lie in their rigour, logic and creativity. Undoubtedly the Judgments, while discussing the facts in detail find that none of the accused were prima facie involved in any terrorist activities but here, I want to focus on certain aspects which go beyond the specificities of the case.

First, the context and purpose of the UAPA. The Delhi High Court goes into the history of the UAPA and comes to the conclusion that the Indian Parliament could only have enacted this law by taking recourse to entry 1 of List I of Schedule VII to the Constitution. Schedule VII deals with the division of legislative powers between the Centre and the States. List I deals with those issues concerning which the Parliament has the power to enact laws. Entry I of this list deals with the defence of India and allied subjects. Entry 2 of List 2 (the State list) deals with public order. The Court holds that since the Parliament could not pass a legislation concerning ordinary law and order issues (which only the State Assembly can enact),  therefore the UAPA should be interpreted in manner that it applies only in situations where the defence of India is threatened and not merely where a law and order or even public order situation arises.

The Court therefore observes:

“In our opinion, the intent and purport of the Parliament in enacting the UAPA, and more specifically in amending it in 2004 and 2008 to bring terrorist activity within its scope, was, and could only have had been, to deal with matters of profound impact on the ‘Defence of India’, nothing more and nothing less. Absent this, UAPA could not have been enacted by the Parliament since the only entries in List-I of the Seventh Schedule to the Constitution that would bring the statute within the legislative competence of the Parliament are Entry 1 read with Entry 93 relating to the Defence of India and offences with respect to the Defence of India. It was neither the intent nor purport of enacting UAPA that other offences of the usual and ordinary kind, however grave, egregious or heinous in their nature and extent, should also be covered by UAPA, since such conventional matters would have fallen within Entry 1 of List-II (State List) and/or Entry 1 of List-III (Concurrent List) of the Seventh Schedule to our Constitution. In order to lean in favour of constitutionality of the provisions of section 15, 17 and 18 of the UAPA, as we must, it must be taken that the Parliament acted within the realm of its legislative competence and that UAPA came to be enacted and amended in 2004 and 2008 to address issuesrelating to the ‘Defence of India’.”

Thus, the Court, arrives at the very important conclusion that UAPA can only apply to cases which are severe as to affect the stability of the nation.

Second, and following from the above, the Court goes into Sections 15, 17 and 18 of the UAPA which Natasha, Devangana and Asif are charged under. These Sections form part of Chapter 4 of the Act dealing with Terrorist activities. It should be kept in mind that they are not charged with belonging to a banned organisation. Section 15 defines terrorist act, section 17 concerns raising funds for a terrorist act and section 18 deals with punishment for conspiracy to commit, advocate, etc. terrorist act(s). The Court observes that the words terror or terrorism are nowhere defined under the Act.

The phrase ‘terrorist act’ is sought to be defined under Section 15 but it is very broad and vague. Ordinarily such a vague provision would have to be struck down since criminal law has to be strictly construed and everyone should know what is an offence and what is not. However, the only way to treat this provision as Constitutional is by narrowing its ambit and giving a strict definition to it.

Therefore, terrorist acts can only include those acts which affect the community at large and have the impact on destabilising or attempt to destabilising the country. Ordinary law and order problems or even public order problems no matter how grave cannot fall within the definition of terrorist acts.

In the present case, since the violence attributable to these persons even if assumed to be true cannot partake the nature of terrorist act and thus the provisions of UAPA cannot be made applicable to these three accused. If the provisions of UAPA are not applicable, the stringent bail conditions prescribed under Section 43 (D) (5) will also not apply and thus their bail applications will have to be considered by examining their cases under the provisions of bail under ordinary criminal law.

Next, the Court says that even if the stringent bail conditions as applicable under UAPA are to be applied these provide that an accused shall not be released if the Court is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. This, according to the Court means that the burden is on the prosecution to show that the accused is prima facie guilty. Dealing with the infamous Vatali Judgment of the Supreme Court, the High Court observes:

“The decision of the Hon’ble Supreme Court in Watali (supra) proscribes the court from delving into the merits or demerits of the evidence at the stage of deciding a bail plea; and as a sequitur, for assessing the prima facie veracity of the accusations, the court would equally not delve into the suspicions and inferences that the prosecution may seek to draw from the evidence and other material placed with the subject charge-sheet. To bring its case within Chapter IV of the UAPA the State must therefore, without calling upon the court to draw inferences and conclusions, show that the accusations made against the appellant prima facie disclose the commission of a ‘terrorist act’ or a ‘conspiracy’ or an ‘act preparatory’ to the commission of a terrorist act.”

This ingenious interpretation of the Vatali Judgment puts fetters on the prosecution from making wild and unsubstantiated allegations as they are prone to do in many UAPA cases. 

Further, the Court holds that the right to peaceful protest is a fundamental right. Now this is a Constitutional given and even the Supreme Court has recognised it time and again albeit with certain caveats. The importance of the Delhi High Court judgments lie in the fact that they use this premise to advance the logic and cleverly craft an argument which is as follows: Citizens have a right to peacefully protest for all kinds of causes. Of course, they do not have right to be violent. But just because people turn violent does not mean they are terrorists or are indulging in terrorist activities. Terrorism is something which is intended to destabilise the State and violence which occurs in one part of a large city like Delhi does not amount to destabilising the State and thus does not amount to terrorism. Those who indulge in or provoke violence can of course be tried under the Penal Code but not under UAPA.

Lastly, the Court deals with Najeeb’s Case (2021) in which the Supreme Court had held that a person jailed under UAPA is not denuded of his fundamental rights, the right to speedy trial being a fundamental right and the undertrial is therefore entitled to be released on bail if the trial is likely to take very long. The accused before the Supreme Court was in jail for 5 years and the maximum punishment he could have been awarded would have been 8 years. The Court released him on bail. In the Delhi case, the State argued that the accused were in jail for only one year and thus even according to Najeeb’s case there had not been prolonged incarceration. The observations of the Court are striking:

“Should this court wait till the appellant’s right to a speedy trial guaranteed under Article 21 of the Constitution is fully and completely negated, before it steps in and wakes-up to such violation? We hardly think that that would be the desirable course of action. In our view the court must exercise foresight and see that trial in the subject chargesheet will not see conclusion for many-many years to come; which warrants, nay invites, the application of the principles laid down by the Hon’ble Supreme Court in K. A. Najeeb.”

This is a very crucial point for all cases under UAPA. Trials take a long time and Najeeb’s case was sought to be interpreted to mean that only if a person is in jail for a very long period that she could be released on bail. The High Court judges use their judicial acumen to refute this and say that even if a person has been in jail for a short period, if looking at the overall circumstances the Court is of the opinion that the trial will take a long time the accused even under UAPA can be released on bail.

The Division Bench comes to the conclusion that the provisions of UAPA can only be used in exceptional circumstances. It is altogether another matter that UAPA itself does not deserve to remain on the statute books. We need to also bear in mind that the stringent bail conditions of UAPA deal with two distinct nature of cases. Terrorist acts with which the present case is concerned with and membership and activities of terrorist organisations which is an altogether different scenario. Of course, some of the concerns dealt with in the present Judgments will also extend to issues concerning terrorist organisations under which many other UAPA cases such as the Bhima Koregaon case, the Andhra Telangana cases, etc. But to what extent the force of these judgments is fully applied to these cases will have to be watched. 

Justice Mridul and Justice Bhambhani who decided this matter need to be saluted. As do the impressive legal team that led the defence for all three student activists. Obviously, Judges do not decide matters in a socio-political vacuum which affects them as much as it affects ordinary people. The following observation from the Judgment makes it clear:

“We are constrained to express, that it seems, that in its anxiety to suppress dissent, in the mind of the State, the line between the constitutionally guaranteed right to protest and terrorist activity seems to be getting somewhat blurred. If this mindset gains traction, it wouldbe a sad day for democracy.”

Undoubtedly these Judgments bring cheer to a large number of people but we should not forget that Supreme Court’s Vatali Judgment resulted from overruling an excellent Delhi High Court Judgment. We should cautiously await the next developments but it may be that the times they are a changing even in the Supreme Court. Hopefully this change for the better, towards constitutionally protected freedoms will endure for long.

*Foreign Contribution Regulation Act, National Security Act, Armed Forces Special Powers Act

(The author, Mihir Desai is a senior advocate, Bombay High Court, involved in battling several cases dealing with the protection of constitutional freedoms and civil liberties including defending some of the accused in the Bhima Koregaon case)

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On October 7, 2020  The Supreme court ruled that the right to protest in public places is not absolute, and public places cannot be occupied indefinitely. This was in connection with a case against Shaheen Bagh protesters for allegedly causing inconvenience to the general public with a road blockade. The court said that while dissent and democracy go hand in hand, protests must be carried out in designated areas.

However, activists, writers, academicians have responded to those ‘limitations’ that ‘court designated protest sites make a mockery of protests’ “Protests are not a spectacle to demonstrate visually how healthy a media is, but protest if meant to bring about change. It is meant to tell the government that a particular policy or law has to be changed” said professor Nivedita Menon, moderating a press conference on the issue. Speakers included, activists Bezwada Wilson, Nadeem Khan, author Arundhati Roy, politician Yogendra Yadav, who came together under the Concerned Citizens’ Collective, to send the message that it was through protests that a democracy developed. 

The panel included globally acclaimed author Arundhati Roy; Magsaysay award winner, and Convenor of the Safai Karamchari Andolan Bezwada Wilson; renowned academician Prof. Nivedita Menon; co-founder of United Against Hate  Nadeem Khan, Supreme Court lawyer activist Prashant Bhushan (who sent a video message as he was not in Delhi), Supreme Court lawyer Sanjay Hegde, and President of Swaraj India Yogendra Yadav.

The only complaint that could have been made against the anti-CAA peaceful, democratic  protest that was held in Delhi’s Shaheen Bagh, was that it was ‘blocking traffic’, which was untrue, said Prof Menon. However, she asserted that the government did not even acknowledge the protest and passed the Citizenship Amendment Bill, making it a law. “Any law that  violates the fundamental rights should be revoked” stated Menon, adding that now democratic protests too have been criminalised as shown by the arrests of protestors, a vast majority of those are muslims.

“We have to ask ourselves, are all legislations passed by our parliament sacrosanct? No. Not unless it is consistent with the Constitution. Every person arrested today are people who have stood up for Constitutional rights. They are those who have spoken up and stood up for rule of law, and stood against atrocities on Muslims and brutalities. The opinion that protests ought to be museum-ised is a parody of democracy,” said Nivedita Menon who teaches at the Jawaharlal Nehru University.

“Jab sadkein suni ho jaati hai, toh sansad awaara ho jaata hai (When the streets fall silent, Parliament goes wayward),” Yogendra Yadav president Swaraj Party quoted the legendary Ram Manohar Lohia to explain that Democracies all over the word progress when citizens contest, or protest. An apt illustration on the attempts being made to sweep the streets clean of all forms of priest. “Just try and get this ‘permission’, you will see how the police operate, does the judiciary not know that?” he asked, explaining how yards of red tape and verbal instructions try and delay any attempts at even planned protests at designated places.  

The concerned citizens condemned the actions of the state, the police, and even the judiciary that threatened to downsize the right to peaceful public protest, one of the major rights enshrined for the citizens of a democracy. The activists stated that now all modes of democratic dissent has been called a “conspiracy”, and protests are being criminalised. This was most visible in the wake of the anti-CAA protests that have been termed as a ‘terror conspiracy’ leading to the arrest of 24 people who participated in the protests, but now have been charged under the draconian UAPA. 

Even protests for the rights of women and dalit are being curbed, said the activists. The rape and murder of a Dalit girl in Hathras has been alleged to be an “international conspiracy” to ‘defame’ the Uttar Pradesh government. Yadav also spoke about a similar treatment being given to the protests by farmers against the draconian Farm Bills. He shared that this was not the case of only Delhi, or Haryana police, in Mumbai the Maharashtra Police recently sent notices asking for lakhs in surety to 16 people including four students. They had merely participated in a spontaneous protest against the attack on JNU students. “In August activist Suvarna Salve was slapped with a  surety of Rs. 50 lakh for participating in the same protest. In Mumbai a total of 31 people have received similar notices for participating in protests against violence in Jamia, JNU and the cutting down of Arrey Forests,” said Yadav. 

The largest democracy of India now fights for the right to protest . Press conference by #Arundhati roy #nandinisundar ⁦@_YogendraYadav⁩ #nadeemkhan. “Democracy dies when streets fall silent” pic.twitter.com/ccwln1dmqi

— Sanjay Kumar (@destinydefier) October 22, 2020

The activists reiterated that protests happen when citizens experience injustice and inequality, and want their grievances to be heard. 

Nadeem Khan, one of the founding members of United Against Hate, which is being specifically targeted and maligned for their role in the anti-CAA movement, said that it is despicable that in the charge-sheet the platform is being referred to as ‘United for Hate’. “The police had claimed to have been unable to open the pattern phone lock of the accused in the case of the forced disappearance of Najeeb Ahmed in JNU, are now confiscating hundreds of phones of activists to frame them for attending protests,” he recalled, adding that UAH was “proud for working against the unconstitutional laws like NRC since 2017. We have been following up on different cases of lynching and hate crimes. If protests and press conferences are ‘conspiracies’ then we will keep doing more of them.” 

He reminded the media that they had gathered on October 22, the death anniversary of freedom fighters Ashfaqullah Khan, “We pledge on this day that we will continue the struggles of Bismil and Ashfaq, the same struggle that our jailed voices were continuing.”

Anger and determination fuelled the voice of  Bezwada Wilson who said that it was the ‘abnormal’ that had ‘become normal today’. He was referring to the rising crimes and illegal activities being reported every day,  and added that even asking questions or talking about them now was being called ‘dissent’. “Talking about the midnight cremation of the Dalit girl’s body in Hathras is dissent?” he asked, adding that talking about India’s “shameful position on hunger index” will also be called dissent next. “They do not want us to say any of these things. If we do, we become anti-nationals. Today even what Ambedkar said will be considered dissent,” said Wilson, who said he will continue talking as loud as he wants, “the decibel” level was not his problem but the problem of those who object to his raising questions, “It is my right, I am a free citizen, not a slave.”

Sanjay Hegde recalled that “Ambedkar dissented in front of Gandhi. But Gandhi recognized dissent, he made sure that Ambedkar is brought back to the Constituent Assembly. The Constitution is a product of both dissent and the recognition of dissent.” Over the last few years, he said, dissent is being muzzled, tampered and violated. But I am hopeful. Our generation fought, future generations will also follow.” 

Prashant Bhushan in his video message said that athe “young voices who in fact stood against divisive politics and stood for constitutional values are today being framed and put behind bars”. He warned Delhi Police to reform or else be called what former High Court judge Justice Anand Narayan Mulla once remarked about Uttar Pradesh police calling it the largest “organized crime network”. 

However, it took a writer to call out the media, ironically at the Press Club of India.  Arundhati Roy said: “Every time I speak at this Press Club, I see the ghosts of those people who could be here at this very table in the same spirit as I – ghosts of those who are now in prison. I want to salute all those people who are behind bars, who spoke up – from Bhima Koregaon, to the students, anti CAA protests.” 

The Constitution,  she said, was the only document that said all Indians are equal, but was now being rendered redundant. The Hathras case, she said, showed “that every organ of this country has rotten. The police, the medical, the judicial, community erased caste, and the mainstream media”.  The mainstream media, especially the television media she said had sold out and the anchors were making corporate salaries while victim blaming. “it was shameful how they endangered the life of someone like Umar Khalid with their ludicrous claims…” 

“We have to realise despite our differences, that we are up against fascism. If we don’t realise that, we are going to be squeezed out like toothpaste, and there would be no way back,” she warned.   

Related:

CJP, other groups, activists and citizens condemn Fr. Stan Swamy’s arrest
Regime subverting institutions, destroying democracy: Indian activists
Delhi Police ‘conspirators list’ is to save actual perpetrators of violence, suppress all dissent: Gauhar Raza 
Activists, Opposition parties demand release of Bhima Koregaon accused
More activists named in riots case: Delhi Police getting desperate?
Police need to stop criminalising the anti CAA protests: Prof. Apoorvanand
Umar Khalid arrested by Delhi Police Special Cell

The post Democracy dies when it’s streets fall silent: Activists on the right to protest appeared first on SabrangIndia.

Art makes people think. Women digital artists Bhawna and Smish have certainly taken this notion to heart as their artworks portraying socio-political issues for India have taken social media by storm.
 

 

 

 

 

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Gunda Raj. After actively trying to change the narrative of the brutal caste based sexual assault on a Dalit girl by four Thakur men that took place in Hathras, the casteist and sexist CM Ajay Bisht has taken to twitter to say that “the UP govt is committed to the safety and security and development of all mothers and sisters”. Needless to say, in today’s India, the government only cares about the image that they project. #justiceformanishavalmiki . . . #hathrashorror #hathras #dalitlivesmatter #ajaysinghbishtresign #cmyogi #bjp #hathrascase #istandwithmanishavalmiki #justice #india #illustration #politicalart #art #nojusticenopeace #yogiadityanath

A post shared by Bhawna. (@nabhawna) on Oct 3, 2020 at 6:00am PDT

 

 

 

 

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Reminder.

A post shared by smish (@smishdesigns) on Oct 5, 2020 at 10:29am PDT

A Social Design student at Ambedkar University Delhi, Bhawna decided to take up political art after the attack in Jamia Millia Islamia University on December 15, 2019.

Bhawna said something inside her “broke.” She felt the walls of the ‘bubble’ she lived in where she could only discuss these issues with her friends and family members. Moreover, Bhawna had trouble finding the right words to illustrate her thoughts.

“I felt as if my voice could not reach anywhere,” she said.

To change this feeling of helplessness, she started expressing her political opinion through her designs as she had for women’s issues earlier. The result surprised her. She saw a shift in the people around her and her peers on social media.

“After I started making art, they started saying ‘Oh Bhawna, I didn’t know this!’ They even started following relevant news,” she said.

The response asserted Bhawna’s belief that artists can talk about such issues without having to use words. She also said that digital art helped spread awareness since it appealed to people in a manner different from words. The young designer assented to the argument that digital art is restrictive. However, at the same time, it can access places that were previously out of reach, like other people’s echo chambers, she said.

Bhawna’s saffron-and-red artwork can be well-differentiated from her personal designs. When asked about the colour scheme, Bhawna said she used saffron specifically for the political symbol it has become.

“I choose that colour to say that saffronisation is happening in our country,” she said.

 

 

 

 

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Dissent is not a crime. #StandWithUmarKhalid . . . . #ReleaseUmarKhalid #freeallpoliticalprisoners #umarkhalid #repealuapa #bjp #narendramodi #dissent #artivism #amitshah #delhipolice #illustration #art #politicalart #scrapuapa #istandwithumarkhalid #justice #fascism

A post shared by Bhawna. (@nabhawna) on Sep 14, 2020 at 8:12am PDT

The text used in the designs are lines that catch her attention while going about her life. After her work started getting her recognition, she made sure to research an issue properly.

“Once you put your artwork out in the world, you have a responsibility to depict it [the issue] the right way,” she said.

When asked about pressing issues in contemporary India, the first thing that Bhawna talked about were the many arrests since March and the lack of reportage regarding this issue. Bhawna expressed deep dissatisfaction with mainstream news coverage.

“Nobody knew about the arrests when they happened. My own family and friends who followed mainstream news had no idea this was happening,” said Bhawna.

During the Shaheen Bagh protest, Bhawna remembered the media fuelled fake news by investing in claims that said protesters were assembling on bribes.

“I feel this reinforces people’s biases. They forget to question authority. Even the people around me tell me that I am consuming fake, sensationalised and biased news without knowing what’s happening on the ground,” she said with much annoyance.

“How can everyone be misled barring a few? This argument is very arrogant,” she said.

Such incidents brought Bhawna back to the issue of online echo-chambers. She worried that such spaces make it difficult for people to listen to the other side of the discourse.

“Our circle of human concern has shrunk to the point where we think we should not concern ourselves because it does not concern us,” said Bhawna.

Bhawna hopes that her art sparks a discourse among people, even those who don’t agree with what she says. As her work gathered fame, Bhawna also began to receive backlash for her art in the form of abuses and threats. However, she said she will continue with her art nonetheless.

“People don’t seem to realise that people on the other side are also human. I have something to say. Why are you shutting me down?” she said.

Freelance digital designer who goes by ‘SmishDesigns’ conveyed the same sentiment when asked about online hecklers and abusers.

“Nowadays, it doesn’t affect me. I just block, report and move on with my life,” said Smish who has become conditioned to death threats and abusive language targeted at her artworks.

The freelancer began her political activism after the 2019 elections following which she gathered a huge fanbase. Some of her admirers used her designs at Delhi during the anti-CAA protests. Recently, her piece commenting on the Hathras case was also used during protests.

“That is where art truly belongs. It has a big role to play in society,” she said.

 

 

 

 

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Yogi raj.

A post shared by smish (@smishdesigns) on Sep 30, 2020 at 4:38am PDT

Her artwork focuses on contemporary issues that are either not covered or poorly shown by mainstream media. Much of her artwork includes politicians or people in positions of power as caricatures.

“When we draw these politicians, we try to humanise them because they’ve managed to become Gods for the masses through their propagandas. Humanising them enables people to make fun of them and criticise them,” she said.

 

 

 

 

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Majority Appeasement.

A post shared by smish (@smishdesigns) on Aug 7, 2020 at 2:33am PDT

Smish happily noted that a growing number of artists are coming forward recently to express their opinions. Her recent experiences changed her views about online activism as well. Smish used to believe that online activism doesn’t amount to anything. However, she saw how her art reciprocated with people and was convinced when they finally took her art for protests.

Smish said that art was a great medium to express especially in times of protest. In fact, she argued that “art and activism go hand in hand.” So naturally she felt it was great for Indian society as well because art is non-confrontational.

As mentioned earlier, the landslide victory of 2019 elections left Smish disappointed. Some of her friends had faced a lot of hatred online because of the oppressive environment. She felt a restriction of free speech. In light of all this, she thought about the next five years that were to come and decided to voice her opinion on what she felt about on-going issues.

When asked about pressing issues, she said the Dalit Lives Matter movement and the Hathras case, seemed the most important topics at present.

“Yogi government has been a complete failure. There are many instances where they tried to curb freedom of speech but the treatment of minorities is simply horrible,” she said.

She also encouraged discussions on women’s issues. In her own industry as well, Smish had seen more female digital artists only recently. She encouraged all to buy, share women designer’s art and work with them as well.

Being a person who could never tolerate discrimination on any grounds, her artwork focuses on marginalised people and women’s issues.

“I was just opining at first but eventually I started getting a lot of support,” she said.

When asked about future plans, she said she views her political designs as a “momentary thing” to express herself. However, she is glad that her artworks help people deal with their grief.

Related:

The preservation of a pandemic: Art under quarantine

IMAGE STORY: Art for Resistance

Watch: A searing protest song about the Migrant journeys

Horrific Police brutality on Jamia Students, over 50 injured

The post Art and activism are complementary endeavours: Bhawana and Smish appeared first on SabrangIndia.

It is hard to document a life, especially if the “life” in question has affected or improved thousands of other lives during its existence. One such example would be writer, poet, advocate and political activist Bojja Tharakam – an important figure in India’s long list of freedom fighters.

Tharakam had no Wikipedia page to his name on September 16, 2016, when he succumbed to a brain tumor. His legacy was preserved later in the virtual world when those indebted to the revered Telugu figure created a Wiki-page in his honour. Primarily the page records his contributions in the fight against the Tsundur massacre and the Karamchedu massacre in Andhra Pradesh.

These were killings of several Dalit people of Tsundur and Karamchedu villages who lost their lives in caste-violence. Tharakam fought for these massacred lives after quitting his job at the High Court as a form of protest. Thus, it makes sense that these two incidents would be the highlight of his legacy page, especially considering people still remember the man in revered tones.

However, according to close friend and activist Gita Ramaswamy, they hardly did justice to Tharakam’s work as an activist. She remembered even before the Karamchedu massacre of 1985 the advocate had fought for the lives of the marginalised. His work for the marginalised began in the late-1960s when he moved to Nizamabad to start his career as a lawyer. He fought his first case in Kakinada for two farmhands who were attacked by their landlord.

The farmhands’ families approached Tharakam because of his already-formed legacy as the son of an MLA Bojja Appalaswamy and as a leader of the Scheduled Caste Student Federation. Much to the rejoice of the families, he managed to get bail for the two farmhands. From then on, he went on to speak for those marginalised voices that could not speak. He even founded the Dalit Mahasabha in Andhra Pradesh in 1989 and worked to spread the teachings of Dr. B. R. Ambedkar within the community and especially within the youth.

Similarly, a simple search of Tharakam’s name also brings up a video by Dalit Camera wherein he laments the death of Rohith Vemula as a “blow to humanity.” He reminded people that cases like Vemula’s would continue as long as the caste system persisted in Indian society.

Amidst his fight for justice, he also found the time to write books and poems. Many of his works such as ‘Mahad: The March That’s Launched Every Day’, ‘In Quest of Equality: Indian Constitution Since Independence’ and ‘The River Speaks’ are available in English.

“I was always after him to write an autobiography but Tharakam did not think it proper to talk about oneself. This in itself was a novel virtue,” said Ramaswamy.

It seems near impossible to summarise the life of a man whose work helped Dalit and marginalised communities across Andhra Pradesh and Telangana. The 77-year-old was ahead of his times, not only in terms of activism but considering the attitude with which he faced life.

“If something affected him, he wouldn’t hold back his tears. He did not believe in that masculine ideology,” remembered Gita Ramaswamy when asked about the poet’s most striking memory.

Ramaswamy met Tharakam in the early 80s when NGO activity was growing. She remembered the first time she met the man, he was talking to another person and said, “You haven’t been arrested? And you call yourself an activist?”

His comment had left a deep impression on Ramaswamy but not as much as his deep love for knowledge. She described the man as a combination of “scholarship and activism” who was curious about everything. He even loved classical music despite its implicit relation to Brahminism. This is partly explained by the fact that both his father and grandfather were poets who loved to sing.

Tharakam seemed to have this tendency to appreciate concepts, items regardless of their conflicting nature. Even in terms of ideology, he believed in many Leftist ideas despite being a staunch supporter of Dalits – two social classes that did not seem to go along well then. At the same time, Tharakam did not shy away from criticising either of these social movements any more than he shied away from criticising the BJP regime.

In fact, the writer had written one of a four-part series of writings that criticised the RSS-appropriation of Babasaheb Ambedkar. Firmly against the RSS ideology, he called them anti-Dalit and anti-people.

When asked about how he would feel any bitterness about the current socio-political state of India, Ramaswamy vehemently dismissed the thought.

“He did not die with bitterness in his heart. Bitter people are those who simply sit and do nothing. Tharakam worked all his life. He would never be bitter,” she said.

Related:

A Roaring Voice of the Oppressed: Bojja Tharakam, A Tribute
Dalit girl gangraped by ‘upper-caste’ men dies: Will UP CM finally react?
Remembering Bhagat Singh, Reclaiming the Right to be A Free Thinker
50 Years Later, Shadow of Keezhvenmani Continues to Hover Over our Republic

The post Bojja Tharakam and his legacy appeared first on SabrangIndia.

Several civil society members, activists, academics, journalists and others have demanded an immediate stop to the “witch-hunt”  against activist Dr. Umar Khalid who was arrested by the Delhi Police in connection with the North East Delhi communal violence of February 2020. The activists including Arundhuti Roy, Ramchandra Guha, Prashant Bhushan, P Sainath, Jayati Ghosh, Harsh Mander, Prof. Apoorvanand and Jignesh Mewani among others, released a statement saying, “We condemn the arrest of Umar Khalid, one of our bravest young voices who spoke for the Constitutional values of our country. We demand his immediate release and ask the Delhi POlice to stop this witch-hunt.”

The statement further alleges that Dr Khalid has been “subjected to a malicious investigation” and that the “repeated attempts by the Delhi police to implicate him in a number of fictitious cases of conspiracy for the Delhi violence are part of a brazen attempt to try to suppress his voice of dissent.” Elaborating on the ideas of freedom and democracy the statement says, “The right to life, is not just to be allowed to eat, live and breathe; it is to live without fear, with dignity and with freedom of expression, including dissent. The nature of investigation has been mainly to silence democratic voices and instill fear, and this is precisely the objective of this witch hunt.”

The entire statement may be read here:

**********************************************************************

WE CONDEMN THE ARREST OF UMAR KHALID, ONE OF OUR BRAVEST YOUNG VOICES WHO SPOKE FOR THE CONSTITUTIONAL VALUES OF OUR COUNTRY
WE DEMAND HIS IMMEDIATE RELEASE & ASK DELHI POLICE TO STOP THIS WITCHHUNT

As citizens deeply committed to Constitutional values, we condemn the arrest of Umar Khalid who has been subjected to a malicious investigation targeting peaceful anti-CAA protestors. He has been booked under several charges including UAPA, sedition and conspiracy for murder. With deep anguish we have no doubt in saying that this investigation is not about the violence in February 2020 in the national capital, but on the completely peaceful and democratic protests across the country against the unconstitutional CAA.

Umar Khalid was one of the hundreds of voices that spoke up in favour of the Constitution across the country during these anti-CAA protests, always foregrounding the need for peaceful, non-violent and democratic means. Umar Khalid has emerged as a strong and powerful voice of young Indians in favour of the Constitution and of democracy. The repeated attempts by the Delhi police to implicate him in a number of fictitious cases of conspiracy for the Delhi violence are part of a brazen attempt to try to suppress his voice of dissent. It is very significant that of the 20 arrested, 19 are under the age of 31. Of which 17 have been charged under the draconian UAPA and have been imprisoned on charges of a conspiracy for the Delhi violence whereas those who actually instigated and participated in the violence has not been touched. Of the ones incarcerated, five are women, except for one all are also students.

The essence of our democracy is the freedom of conscience and the strength of any country is in its young minds. We strongly condemn the targeting of Umar Khalid and other young activists, both women and men.

The right to life, is not just to be allowed to eat, live and breathe; it is to live without fear, with dignity and with freedom of expression, including dissent. The nature of investigation has been mainly to silence democratic voices and instill fear, and this is precisely the objective of this witch hunt.

Given the precedence of physical attacks in court premises in the instance of Kanhaiya Kumar, and the attempt on Umar’s life in 2018 by gunmen in public, it is imperative that all measures are taken to avoid any threat to his life and safety so long as he remains in the custody of the state / judiciary.

It has also been observed by the court that the media is peddling false information and selective leakages in an attempt to conduct a full-fledged media trial and influence the course of justice. This must cease immediately. If we let law take its own course, we are confident that justice shall prevail.

Signed,
1. Saeed Mirza, filmmaker
2. Syeda Hameed, ex-Planning Commission
3. Arundhati Roy, Writer
4. TM Krishna, Artist
5. Ramchandra Guha, Historian
6. Prashant Bhushan, Senior Advocate
7. P. Sainath, Senior Journalist
8. Brinda Karat, CPI (M)
9. Jignesh Mewani, MLA Gujarat
10. Kavita Krishnan (AIPWA)
11. Mihir Desai, Senior Advocate
12. Aakar Patel, Journalist & Activist
13. Biraj Patnaik, Public Policy expert
14. Darab Farooqi, Writer and lyricist
15. Farah Naqvi, Writer and Activist
16. Githa Hariharan, Author and Activist
17. Harsh Mander, Author & Activist
18. Jayaram Venkatesan, Social Activist, Chennai
19. Kavita Srivastava, Activist
20. Navsharan Singh, independent researcher
21. ND Pancholi, Senior Lawyer
22. Prabir Purakayastha
23. Prof. Atul Sood, JNU
24. Prof. Nandini Sundar, Delhi University
25. Prof. Apoorvanand, Delhi University
26. Prof. Jayati Ghosh, JNU
27. Prof. Mary John
28. Prof. Prabhat Patnaik
29. Prof. Satish Deshpande
30. Prof. Surajit Mazumdar, JNU
31. Prof. Ayesha Kidwai, JNU
32. Prof. D. K. Lobiyal, JNU
33. Purwa Bhardwaj, Educationist
34. Ravi Kiran Jain, PUCL
35. Shuddhabrata Sengupta (Raqs Media Collective)
36. V Suresh, PUCL

The post Civil society condemns arrest of Umar Khalid appeared first on SabrangIndia.

Activist Khalid Saifi, who was detained on Wednesday from the protest site at KhurejiKhas, has been sent to judicial custody for 14 days and charged under Section 307, which amounts to ‘attempt to murder’. However, it is not clear on whose life Saifi has made an attempt. Consequently, activists have alleged that the charges have been concocted against him.

Ishrat Jahan, who for over two months was one of the chief organisers of the Khureji protest, was also detained and sent to 14 days judicial custody. She has alleged manhandling by the police. Her lawyer AvaniBansal has told the media that Jahan’s bail application was turned down on Thursday.

It is not clear is the woman in the above video is IshratJahan, a prominent volunteer at the Khureji protests. It is also not clear as to why she may have been detained.

Police have also removed the bamboo framework, gateway and awnings at the protest site as the videos below show.

Protests at Khureji have been taking place off the road, since January 13. Like the Shaheen Bagh anti-CAA protests, these too have been peopled mostly by locals, especially local women.

https://twitter.com/Shaheenbaghoff1/status/1233002619347644416

We strongly condemn the arrests of Ishrat Jahan, Khalid Saifi and 14 others on manufactured charges. We demand their immediate bail and for these false charges to be dropped. We stand by you ?#Delhigenocide #DelhiBurning #DelhiViolence

— Shaheen Bagh Official (@Shaheenbaghoff1) February 27, 2020

There are serious allegations that Saifi has been brutally beaten up in custody. He has been a visible voice in the movement in opposition to the Citizenship Amendment Act and the National Register of Citizens. Since the violence began in north east Delhi, Saifi has been one of the leading figures who have attempted to broker peace between communities and arrange for medical care to reach those in need of it.

https://twitter.com/NabiyaKhan11/status/1232736139284566018

They are leaving no stone unturned to crush stronger voices that can challenge the current fascist status quo. Heartbroken that @KSaifi bhai has been arrested on false charges of attempt to murder and has been sent to 14 days police custody. 1/2 pic.twitter.com/l5mqt0nFHn

— Nabiya Khan | نبیہ خان (@NabiyaKhan11) February 26, 2020

It is yet unclear as to how many people have been detained from the site on Wednesday. The official Twitter handle of the ShaheenBagh protests has put the number at16 while lawyers say the number could be as high as 30. When lawyers from the collective Indian Civil Liberties Union went to the Jagatpuri police station to meet the detained, not only were they not allowed to go in, but were slapped, verbally abused and manhandled by personnel at the police station.

https://twitter.com/NabiyaKhan11/status/1232608308847992832

Received calls from @TamannaPankaj and @TheAdvIqbal
Delhi Police is attacking and beating them and other lawyers at Jagatpuri Police Station who went for d release of the detainees of Khureji. They are slapping and lathi charging women lawyers and their phones are being snatched.

— Nabiya Khan | نبیہ خان (@NabiyaKhan11) February 26, 2020

“I was with the rest of the team when they started manhandling lawyers. They had started using batons as well. They were hitting my colleague Anas, and I was trying to film it, when a male cop slapped me. I screamed at him, asked him how dare he hit a woman,” Mekhala Saran, a law student and member of ICLU told media.

The Supreme Court Bar association has taken the matter of lawyers being attacked.

https://twitter.com/TheAdvIqbal/status/1232923930106748928

We thank the SCBA for taking up our assault matter with the Commissioner of Police, Delhi.
Detainees have a right to counsel and the Delhi Police must not prevent lawyers from doing their duty. @ICLU_Ind @HRLNIndia @TamannaPankaj @bansalavani @NabiyaKhan11 pic.twitter.com/O4Ji5r6SQ6

— Arif Iqbal (@TheAdvIqbal) February 27, 2020

Saran’s accounts were confirmed by at least one lawyer who requested anonymity and other activists at the police station, one of whom sent The Wire the video he shot of the commotion with police, above.Police were also seen breaking CCTV cameras, and tearing down the awnings and tents at the site on Wednesday. Khureji is the second anti-CAA protest venue which has been dismantled by police. The one at Jaffrabad was the first.

https://twitter.com/i/status/1232574781356007425

Delhi Police vandalising Khureji Protest site right now. #CAAProtest pic.twitter.com/aT5CzTBQB7

— Nabiya Khan | نبیہ خان (@NabiyaKhan11) February 26, 2020

These videos tell their own tale

https://twitter.com/ShaheenBagh_/status/1232584046678441984?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1232584046678441984&ref_url=https%3A%2F%2Fthewire.in%2Frights%2Fkhureji-khas-delhi-police

#SOS #Khureji #Delhi

Time : 1:40pm, 26th February

Delhi police vandalizing khureji protest site. Lathi charge also hv been reported.@Ssaniya25 @MNAHUS @UAH_India @India_Resists @MirchiSayema @sushant_says @_MayankSaxena @Mdzeeshanayyub @UmarKhalidJNU @OmairTAhmad @AshrafFem pic.twitter.com/o0ykCImvee

— Shaheen Bagh Official (@ShaheenBagh_) February 26, 2020

In violence that has erupted since February 23, in which members of particular communities have been targeted, at least 34 people are understood to have died and several hundred are injured.

Amidst news that the anti-Citizenship Amendment Act protests at KhurejiKhas in north east Delhi have been ‘cleared’ by Delhi Police, scattered protesters at the site have been putting up social media posts of alleged manhandling, lathicharge and an unwarranted detentions by police.Lawyers from Indian Civil Liberties Union collective said they had not been allowed to enter the Jagatpuri police station, where the detainees were taken.

One of the lawyers present at the police station said that police first discouraged lawyers who were present at the police station from entering. After they waited there for more than an hour, and demanded to be let in to meet the unspecified number of people who have been detained, police began asking them to back off.

“An official began filming us, and another snatched away a phone from a female colleague who was filming the goings on,” said one of the lawyers on the scene, requesting anonymity.

The post As protest sites in Delhi were ‘cleared’ on Wed, activists have been detained on serious charges appeared first on SabrangIndia.