Background

The case was first filed in 2001 in Ahmedabad by VK Saxena after Patkar issued a publication dated November 25, 2000, titled “true face of patriot”, insinuating Saxena’s involvement in Hawala transactions and close ties with Lalbhai Group and the state government of Gujarat. While Patkar was among the activists opposing the construction of dams on Narmada River, Saxena’s organisation, National Council of Civil Liberties, was involved in ensuring timely completion of Sardar Sarovar Dam, and further engaged on the issues pertaining to ‘public interest’ and unfair trade practices. Patkar’s press note, titled “true face of patriot”, read “V K Saxena, one who is pained by the Hawala transactions himself came to Malegaon, praised NBA and give a cheque of ₹40,000. Lok Samiti naively and promptly sent the receipt and the letter, which shows honesty and good record keeping than anything else. But the cheque could not be encashed and got bounced. On enquiry, the bank reported the account does not exist”. The press note also said the cheque came from Lalbhai Group, and asked “What is the connection between Lalbhai group and V.K Saxena? Who among them is more of a ‘patriot’?” The press release noted that it is an act of a coward, not a patriot, and further said “Not addressing the issues raised by movement for the last 15 years and coming up with fake stories, like Hawala transactions are examples for cowardliness and not of patriotism. One, Who is following the sordid tactics of government of Gujarat, its history of human rights from Dangs to Ambergaon, and mortgaging the people and their resources before Bill Gates and Wolfensohn, knows, who is behind him.”

The case was transferred from Ahmedabad to Delhi on the direction of the Supreme Court in 2003, and had been hanging since then. In 2011, Patkar pleaded not guilty and demanded a trial, following which the trial finally took place in the Saket trial Court. On May 24 this year, Patkar was held guilty under Section 500 the IPC (Defamation), and the quantum of punishment was decided on July 1. Pertinently, Patkar has decided to appeal against the decision of the trial court in the higher courts.

Conviction Order 

The Saket Court Metropolitan Magistrate Raghav Sharma in his order on May 24 argued that Patkar’s conduct and her publication against VK Saxena were defamatory as “her decision to label the complainant as a “coward” and “not a patriot” was a direct attack on his personal character and loyalty to the nation.” The verdict also stated that by “explicitly stating that the complainant was ‘pained with hawala transactions,’ she aimed to associate him with illegal and unethical financial dealings, thereby inflicting significant harm to his reputation and standing…without providing any substantive evidence…”. In addition, the court took objection to her allegation in the press note, which said that Saxena was hand-in-glove with the state government of Gujarat in mortgaging the people of Gujarat and their resources to Bill Gates and Wolfensohn. The order said the statement insinuated that Saxena “was betraying the trust of the people and compromising the state’s welfare for the benefit of foreign interests…was engaged in actions detrimental to the state and its citizens, thereby framing him as a traitor to public trust and interest” and constitutes “direct attack on his integrity and public service”.

 The court interpreted Patkar’s press note as charged with emotive language and remarked that the statements “were crafted not just to inform but to incite negative sentiments among the public, indicating a clear and malicious intent to defame.” It noted that the allegations pertain to sensitive issues such as financial misconduct, personal cowardice, and national loyalty, and were made with “calculated effort” to damage Saxena’s reputation. 

The verdict concluded that Patkar failed to provide any evidence to counter the claims of the complainant “or to show that she did not intend or foresee the harm these imputations would cause.” The trial court noted that it is “beyond reasonable doubt” that Patkar published the imputations with the intent to harm the reputation of the complainant and declared her guilty of defamation under Section 500 of the India Penal Code (IPC). Following her conviction on May 24, the trial court sentenced her to 5-months imprisonment on July 1 and additionally ordered her to pay 10 lakh rupees to VK Saxena as a reparation. 

The trial court order may be read here:

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The post Narmada Bachao Andolan activist Medha Patkar convicted in 23-year-old Defamation case filed by VK Saxena; the Saket court sentenced Patkar to 5-month imprisonment appeared first on SabrangIndia.

Since the morning of 5th September 2023, the National Investigation Agency (NIA) has been raiding the offices of Bhagat Singh Students Morcha (BSM) in Benaras Hindu University. Simultaneously, NIA has raided the homes of Peoples Union for Civil Liberties (PUCL) State President Seema Azad, her partner and advocate Vishwavijay, advocate Soni Azad and organiser of a workers’ organisation Ritesh Vidyarthi along with political activist Manish Azad in Allahabad.

Along with these raids, NIA has taken Seema Azad, Vishwavijay, Soni Azad and Ritesh Vidyarthi with them to an unknown location in an unlawful manner that reeks of undemocratic political repression. Information regarding their whereabouts is unavailable.

At the same time, at BHU, when two students from BSM attempted to talk to the investigation team regarding the raid being conducted at their offices, the officers slapped one of the students, screaming at the students for “daring to question” the raid in any manner. Two of the students, Akanksha Azad, the President and Siddhi, the Joint Secretary of BSM are forcefully made to sit in the room and interrogated while their phone have been confiscated by the NIA officers.

These raids happening now in Allahabad are part of a larger on-going campaign of political repression being undertaken in Uttar Pradesh, with the house of activist Rajesh being also raided in Deoria district. Rajesh is an activist of the Khiriya Bagh-Azamgarh farmers’ movement and a member of the Samyukt Kisan Morcha.

Similar raids have also taken place in Chandauli district. The raids come in light of the recent attempts at suppression of the Bihar-based Kaimur Mukti Morcha’s leadership which has been at the forefront of the Adivasi struggle in Kaimur plateau against the blatant land-grabbing of their lands for the sake of creating a tiger reserve in the area. In the past, police have opened fire on peaceful protests of the KMM and repeatedly abducted their activists.

Political activists, lawyers, intellectuals, and students who extend their support to movements against the corporate plunder of resources backed by the Indian state and its loot of the lands of farmers and Adivasis are continuously being branded as Maoists in a bid to silence all dissenting voices that expose the Indian state’s anti-people policies.

Abductions, violence, seizure of property and police brutality have become common practices by the state forces against all such dissent. In a time when the brutalities and undemocratic practices of the Indian state have become so open, all democratic-minded, justice-seeking, peace-loving people must come together in organized resistance towards such suppression.

Campaign Against State Repression (CASR) strongly condemns the undemocratic raids on its constituent organisation, Bhagat Singh Student Morcha (BSM) and Democratic- pro-people activists and subsequent detention of 4 activists by NIA.

We demand that these raids be stopped and detained activists be release immediately and unconditionally. CASR calls upon all the democratic progressive forces and individuals to join hands and resist this Brahmanical Hindutva fascist onslaught.

*AIRSO,AISA, AISF, APCR,BASF, BSM, Bhim Army, Bigul Mazdoor Dasta, bsCEM, CEM, CRPP, CTF, Disha, DISSC, DSU, DTF, Fraternity ,IAPL, Karnataka Janashakti, LAA,Mazdoor Adhikar Sangathan, Mazdoor Patrika, , Morcha Patrika, NAPM, NBS, Nowruz, NTUI, People’s Watch, Rihai Manch, Samajwadi Janparishad, Samajwadi Lok Manch, Bahujan Samajvadi Manch, SFI, United Against Hate, WSS, Y4S

Courtesy: https://www.counterview.net

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Human rights activists came together on December 24, 2021 and strongly condemned the hate speeches and call for a genocide during the ‘Dharma sansad’ organised by Swami Yati Narsinghanand a week ago. Reacting to the inciteful speeches made at the December 17-19 event, activists demanded immediate legal action and arrest of Narsinghanand and other accomplices Swami Prabodhanand Giri, Annapurna Maa, Dharam Das Maharaj , Anand Swarup Maharaj and all who organized this event, indulging in hate mongering.

Senior rights lawyer, Prashant Bhushan called upon civil society organisations and personalities to speak against such instances of hate speech. “The judiciary should have taken suo moto cognisance of this. Our duty is to activate action against incidents from the judiciary,” he said.

During the Dharma Sansad, Narsinghanand targeted Muslims and said that on top of an economic boycott, the right-wing community should pick up arms against them. He even promised Rs.1 crore to anyone who agreed to become a “Prabhakaran or a Bhindranwale for Muslims”. Narsinghanand gave a clarion call for Shastra Mev Jayate.

Academic activist, Syeda Hameed called the statements “repugnant” and asked all organisations to ally against such hate-mongering taking inspiration from the farmers and Shaheen Bagh protesters. “Who gave these people the right to make India a source of hate? People are worried about what is happening in India,” she said.

“We demand an immediate stop to such gatherings which are organized to vitiate the atmosphere and polarize the people of India,” added Shabnam Hashmi on Friday. 

A total of six speakers at the press conference condemned the Haridwar event wherein several “Hindutva” religious leaders and Hindutva extremist organisations called upon Hindus to arm themselves and eliminate Muslims from India. During this time, Hindu Mahasabha General Secretary Sadhvi Annapurna called upon “100 soldiers who can kill 20 lakh of them [Muslims]”.

Questioning that such a statement was made openly during the BJP-led state government’s watch, Hashmi said, “It is important to tell these right-wing threats that secularism, humanity, fraternity is still alive in India. The coming elections will show this tyrannical regime, the power of democracy.”

Hameed also decried the willful manner in which the police filed a vague FIR a day after the event, naming a Wasim Rizvi, who had no connection with the event. Taking this further, Anjali Bharadwaj too demanded accountability from the police, judiciary and state administration for allowing such an event to take place. Calling the event “an assault on the Constitution”, she questioned the police spokesman statement that “We are keeping an eye, will take suitable steps.” She said that such FIRs only encouraged hate-ridden actions.

“Who asked for this Dharma Sansad? And who allowed it? Even national media channels covered the incident, so what is the police investigating? These actions close to elections must be stopped. We can no longer afford to stay silent,” she asked.

Dev Desai said that his words were shameful for the Hindu community as well. He asked people to unitedly reject the “Gujarat model” and the “clean-chit committee” that only observed such violent events rather than curbing the spread of hate.

Another speaker Gauhar Raza expressed shock that a statement alleging the murder of former Prime Minister Manmohan Singh was ignored by the government. Anand Swarup Maharaj threatened to wage a war “scarier” than 1857 if the government failed to create a Hindu Rashtra through violence against minorities. He spoke of barring Christians from celebrating Christmas or Muslims from celebrating their festivals in Uttarakhand because the state supposedly belongs only to Hindus.

Further, BJP spokesperson Ashwini Upadhyay in October presented a “Bhagwa Constitution” to Narsinghanand. Hindu Raksha Sena President Swami Prabodhanand Giri encouraged people to “get ready to kill,” And to all this, the speakers condemned the Uttarakhand Chief Minister Pushkar Singh for remaining silent and even for paying his respects to Yati Maharaj.

“These people are playing our future and our next generations. If no one else, then we citizens must stand against such forces,” said Raza.

Senior activist Ram Puniyani called for communal harmony groups in India to allow people to consider whether the present regime will uphold the Constitution or allow the “Bhagwa Constitution” to be forced on them.

The group said in its press statement that the Sansad, held on the eve of elections in several states including Uttarakhand and Uttar Pradesh, smashes the ‘Idea of India’ held by our freedom fighters. They warned that when a state remains silent while hate speech is used against citizens, it bodes ill for the people. “A Hindu Sarkar will not be difficult if this regime remains in power,” said Puniyani referring to the Bharatiya Janata Party.

Related:

‘India must be declared a Hindu nation’, says controversial ex-cop, DG Vanzara
Uttarakhand: Will Jitendra Narayan Singh Tyagi nee Wasim Rizvi benefit from the FIR against him, or will he be the scapegoat?
Hate Watch: Did VHP head call Indian Muslims “4th stage cancer”?
Carry swords to protect cows: Sadhvi Saraswati 

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