Associated since 1977 with the People’s Union for Civil Liberties (PUCL) —he was national president in the past– Ravi Kiran Jain was also an erudite legal scholar who wrote regularly for Communalism Combat and Sabrangindia. Committed to a Lohiaite ideology, Ravi Kiran Jain was straightforward, eschewing anyone addressing him as ‘Vakil Sahab’, preferring the direct use of his name, recalls Aflatoon Desai from Varanasi, a long-time associate and founder of the Samajwadi Jan Parishad who mourned the loss of a close associate. Stalwarts like Kishan Patnaik and Surendra Mohan found their home at Ravi Kiran Jain’s residence whenever they visited Allahabad.

In the battle to save Gandhi Vidya Sansthan (Gandhian Institute) in Rajghat, Varanasi –that was cruelly bull-dozed by the orders of the union and state governments’ double engine sarkar in 2023—in court or as an advisor, Ravi Kiran Jain stood by the institute and its employees and stake holders. Jai Prakash Narain had established the Gandhi Vidya Sansthan. Recalling his words, Dr Muniza Khan, former Registrar, who valiantly fought to save the Gandhi Vidya Sansthan after authoritarian forces eyed its violent takeover since 2008, recalls, “I remember his words when he said this government is targeting a rare and extensive library in Uttar Pradeh’s Purvanchal region. Libraries such as these are the sites for reflection and writing, like how and when E.F. Schumacher wrote Small is Beautiful seated in a library like this.” Aware of the crude and brute targeting of the institute by the government– shutting it down without payment of dues to its employees—Jain gave freely of his talent and advocacy in the battle led by erstwhile employees, recalls Khan. “All those associated with the Institute remember him fondly with respect and salute him at his passing,” she told Sabrangindia.

Teesta Setalvad, secretary of Citizens for Justice and Peace paid this tribute on X:

हम सबके रहनुमा रविकिरण जैन साहब
नहीं रहे Iजैन साहब जिंदाबाद Iअभी कुछ देर पहले नाज़रेथ अस्पताल में उन्होंने अंतिम सांस ली I Indian #HumanRights
Movement hs lost a Mentor, Scholar,Advocate:Ravi Kiran Jain Sahab,Allahabad!Saluts Sir!Rest in Power! @cjpindia #Constitution@PUCLindia pic.twitter.com/uo9beSRLm6

— Teesta Setalvad (@TeestaSetalvad) December 30, 2024

Related:

Serious times, grave challenges: India 2023

Senior Advocate and PUCL National President Ravi Kiran Jain writes open letter to the Bar

The post Ravi Kiran Jain, advocate, human rights practitioner doyen of the human rights movement passes away appeared first on SabrangIndia.

At the age of 34, Sharjeel Imam, who is currently a research scholar at Delhi’s Jawaharlal Nehru University is from Kako, a village in Bihar’s Jehanabad district. Imam studied his BTech at the Indian Institutes of Technology, Bombay and went on to serve as a Teaching Assistant at the same institute, following which he worked as a programmer in Copenhagen. Imam decided to further his education and in 2013, he enrolled in a Master’s program in Modern History at JNU after which he undertook an M.Phil. Programme in Modern Indian History, and a PhD. His MPhil thesis was titled ‘Exodus before Partition: The Attack on Muslims of Bihar in 1946.’

In December, during an anti-CAA protest at Jantar Mantar, Imam delivered a speech characterising the CAA as an assault on Muslim citizens of India. Furthermore, he advocated for a Chakka Jaam, arguing it was a well-tested means of democratic protest around the world to bring the attention of the authorities to address public demands.

Later, the Delhi Police used one of Imam’s speeches promoting the Chakka Jaam as evidence to file a case against him. They have accused him of aiding the February 2020 Delhi pogrom which saw over 40 people, mostly Muslims, killed in north-east Delhi.

Charges of sedition were levelled against Sharjeel Imam following the widespread dissemination of a two-minute excerpt from his speech at Aligarh Muslim University on January 16. This snippet was broadcasted by right-wing news channels and extensively shared on social media platforms on January 24, including a segment on Arnab Goswami’s Republic World. Right-wing media outlets interpreted the clip out of context and tried to portray him as an Islamic fundamentalist, subjecting him to a media trial. While in prison, like many other prisoners, he contracted COVID-19 in 2020. To which he stated, in an interview to Ajaz Ashraf, “My fear was not that I would die without meeting my family. It was rather that I would not be able to prove that I am not a terrorist.”

According to a report by The Wire, Imam has eight cases registered against him out of which he has been given bail 5 of them. For one of the remaining cases, he has never been arrested, and the other remaining cases are of the UAPA. According to the same report, Imam’s brother, Muzammil Imam, has stated that his bail plea has been listed about 46 times in the courts in the past four years.

Court Proceedings

Five Indian states namely Assam, Uttar Pradesh, Manipur, Arunachal Pradesh, and Delhi had taken legal action against Imam. Assam Police registered an FIR citing UAPA and IPC sections. The same day, Aligarh Police in Uttar Pradesh charged Imam with sedition. Manipur Police filed an FIR for offences like waging war, sedition, and vilification. Arunachal Pradesh’s Itanagar police filed an FIR for sedition and promoting enmity and Delhi Police filed an FIR for sedition and promoting religious enmity.

In November 2021, Imam was granted bail by Allahabad High Court for his AMU speech. The court stated that his speech did not amount to calling for violence. He was granted bail by a single bench comprising Justice Saumitra Dayal Singh sections 124 A (sedition), 153 A (promoting enmity between different groups) as well as a few other sections of the IPC.

In March 2022, Delhi High Court issued notice on his bail plea, noting that sedition required call to violence, “why should he not be granted bail?”. However, the Delhi High Court set aside a trial court’s order, to discharge Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in the Jamia violence case.

In September 2022, Imam was granted bail by a Delhi court for allegedly making inflammatory speeches during anti-Citizenship Amendment Act (CAA) protests in 2019. He was granted bail under the Code of Criminal Procedure’s Section 436A. The provision details bail for a person who has gone through detention for up to one-half of the maximum sentence specified for an offence during the trial period.

In November 2023, the judge presiding over the case was discharged and it was decided that the bail plea for the case would be heard afresh.

In January, 2024, the High Court directed the Delhi police to ask why Sharjeel Imam can’t be treated equally with those granted bail. As of now, Ishrat Jahan, Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita have been granted bail in the case in 2021. The Delhi police has responded that it is for Imam to convince the court, and not up to the prosecution.

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The post Four years behind bars, Sharjeel Imam still waits for a fair trial appeared first on SabrangIndia.

On July 2, it will be exactly a week since Teesta Setalvad, one of India’s most formidable and resilient human rights defenders, was targeted and held captive by a vindictive regime. But as is evident in the burgeoning support for her, both online and on the streets, you may put Teesta Setalvad behind bars, you cannot cage her courage, which is even today inspiring countless others.

The shocking events of June 25, 2022

Just a day after the Supreme Court dismissed a Special Leave Petition (PIL) moved by Zakia Jafri seeking a proper investigation into the wider conspiracy behind the 2002 Gujarat carnage, a team of the Gujarat Anti Terrorism Squad (ATS) barged into her Mumbai home and detained her.

The petition had been moved by Zakia Jafri, the widow of slain Congress Member of Parliament (MP) Ehsan Jafri, who had been killed during the communal violence in Gulberg Society. Citizens for Justice and Peace (CJP) secretary Teesta Setalvad was the second petitioner in the case that aimed to pin the responsibility of allowing the violence to continue unabated on the people in power in Gujarat at the time.

But deeming this to be a malicious prosecution, the court had observed in its judgment, “As a matter of fact, all those involved in such abuse of process, need to be in the dock and proceeded with in accordance with law.”

The above extract was quoted in a complaint filed on behalf of the State, and today, Teesta Setalvad, a fearless human rights defender stands accused of criminal conspiracy, forgery and giving or fabricating false evidence among other IPC sections. Two former police officers, RB Sreekumar and Sanjiv Bhatt have also been named as her co-conspirators in the FIR. While Bhatt is already in jail under trumped-up charges in a custodial death case, Sreekumar was arrested shortly after Setalvad was picked up.

Setalvad says she was roughed up as she was picked up from her Mumbai home and taken to the Santacruz police station, where she was placed under arrest, and at the time of publishing this press release, was being taken to the Ahmedabad Crime Branch by road.

At about 5:30 P.M, just before being whisked away to Ahmedabad, Setalvad filed a hand written complaint with the Santacruz Police Station saying Police Inspector JH Patel of the ATS Ahmedabad and a lady officer in civil clothes came into her bedroom and assaulted her when she demanded to speak to her lawyer. Setalvad says that she was not shown the First Information Report (FIR) or a warrant till her lawyer arrived.

In her complaint, Setalvad has also stated that the assault left her with a bruise on her left hand, and that she feared for her life.

In Ahmedabad, Setalvad was formally arrested, and taken for a mandatory medical test on Sunday June 26, before being produced before a magistrate. She was remanded to police custody and her next hearing will take place on June 2.

Teesta Setalvad doing okay in custody

Teesta Setalvad’s activist-journalist husband Javed Anand has met her twice so far. “I met her just before they took her for the mandatory medical check-up. She appeared fine,” he said about meeting her on June 28. “She has no complaints about the food and is also sleeping okay. When I meet her, it is in a room with a table and chair, with police personnel nearby,” he added.

On June 29, he told us, “I met her again today and she told me that she had been questioned by the police for around four hours yesterday.” Setalvad is also being allowed to meet her lawyers. “She seemed relaxed. I was allowed to give her some books for light reading, and some other essential items. She asked me for a copy of The Framing of the Indian Constitution,” said the activist-journalist who co-founded the magazine Communalism Combat as well as SabrangIndia with his human rights defender wife.

Setalvad will now be presented before the magistrate’s court at 2:30 P.M on July 2.

Support from Human Rights groups

The Working Group of Human Rights in India and the United Nations (WGHR) on June 27, 2022 expressed deep concern about the arrest of member Teesta Setalvad by the Government of India.

“It reflects an aggressive abuse of power and law by the State machinery, in grave breach of the rights and freedoms guaranteed to citizens under the Indian Constitution. This turn of events has also raised questions about the Government’s commitments to human rights and Human Rights Defenders (HRDs), not just domestically but also at the global level,” said the WGHR in a statement.

Many notable Indian activists such as People’s Union for Civil Liberties (PUCL) General Secretary V. Suresh, National Association of People’s Movements (NAPM) Convenor Medha Patkar, former Navy Chief Admiral Ramdas, former Lucknow University Vice Chancellor Rooprekha Verma, Mazdoor Kisan Shakti Sangathan (MKSS) founder Aruna Roy, Carnatic musician TM Krishna, actor and dancer Mallika Sarabhai, writer and scholar Shabnam Hashmi, poet Gauhar Raza, and over 2,200 others signed a statement condemning the government’s prosecution of the activist and former IPS officers.

They say, “The state has now used the observations made in the judgment to falsely and vindictively prosecute those who had struggled for justice even in the face of state callousness and complicity. It is truly an Orwellian situation of the lie becoming the truth, when those who fought to establish the truth of what happened in the Gujarat genocide of 2002 are being targeted.”

“We condemn this naked and brazen attempt to silence and criminalize those who stand for constitutional values and who have struggled against very difficult odds to try to achieve justice for the victims of 2002. We demand that this false and vindictive FIR be taken back unconditionally and Teesta Setalvad and others detained under this FIR be released immediately,” said signatories.

Previously, Elaine Pearson, the Acting Asia Director of Human Rights Watch (HRW) had urged governments at the G-7 summit that Prime Minister Narendra Modi is attending at present to raise questions about Setalvad’s arrest. HRW has released a statement saying, “The Indian authorities should immediately release the prominent human rights activist Teesta Setalvad, drop all charges against her & stop their relentless attacks against her.”

“These arrests are clearly reprisals for pursuing justice for victims of the Gujarat riots and attempting to hold those who were in power accountable,” said Meenakshi Ganguly, South Asia director at Human Rights Watch.

This is yet another example of international support for Setalvad after Mary Lawlor, the UN Special Rapporteur on Human Rights Defenders demanded Setalvad’s release saying, “Teesta is a strong voice against hatred and discrimination. Defending human rights is not a crime.”

Similarly, international humanitarian organisation Amnesty’s India unit, that has itself faced persecution on trumped up pertaining to obtaining foreign funds, had also called Setalvad’s arrest “a direct reprisal against those who dare to question their human rights record,” and said, “It sends a chilling message to the civil society & further shrinks the space for dissent in the country.”

Journalists demand justice for Teesta Setalvad

Closer home, the Mumbai Press Club has condemned the human rights defender’s arrest saying that she has been made a scapegoat “in a chilling process of vendetta unleashed by the executive and the judiciary.” They have further said, “It is unacceptable that a person who has been fighting for civil justice should be accused of fabricating evidence and misleading the Special Investigation Team.” Calling for an end to the “politics of vengeance”, they have also demanded that all charges be dropped against Setalvad and she be released immediately.

In a joint statement, the National Alliance of Journalists (NAJ) and the Delhi Union of Journalists (DUJ) condemned the “ugly and motivated, hasty arrest” of Setalvad. NAJ President S. K. Pande and DUJ General Secretary Sujata Modhak among others said, “The arrests smack of an increasingly visible undeclared Emergency that is increasingly becoming visible in continued attacks not only on the freedom of the press but on the democratic rights of citizens which are being bulldozed. Simultaneously, the police seem to be increasingly utilised in witch-hunting of selected persons.”

“The ATS’s dubious explanation at the time that Setalvad was not arrested but detained for questioning also holds no water. A 60-year-old activist with strong roots in the community, Setalvad is not a flight risk and should be questioned by female officers in her home as per law,” said the NWMI in a press statement.

Support from groups and individuals opposing NRC-CAA

Dr. Hiren Gohain, a noted Assamese intellectual who has been at the forefront of the demand to scrap the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA) in Assam has also come out in support of Teesta Setalvad given how CJP teams have been working tirelessly in Assam to provide legal and paralegal aid to Indian citizens in need in Assam.

CJP had not only helped over 12 lakh Indians fill out NRC application forms, we have also assisted over 50 people in getting released from detention centres during the Covid-19 pandemic in accordance with orders passed by the Supreme Court and the Gauhati High Court. Dr. Gohain has expressed “deep shock” at the “bewildering turn of events that have led to the shocking arrest of noted human rights activist Teesta Setalvad on fantastic charges of wilful and malicious pursuit of subverting justice, implicating innocents in grave crimes to ruin their reputation with forgery and fraud, and exploiting sentiments of victims of spontaneous riots and violence.”

The Joint Forum against NRC has also issued a statement condemning the arrest calling it a “naked act of political vendetta” and condemned how “the complainants are now being accused of conspiracy and being persecuted.” Hailing Teesta Setalvad for her “relentless crusade against perpetrators of the Gujarat pogrom of 2002”, they also praised “her role in defence of those incarcerated in detention centres and the vulnerable NRC-excluded people in Assam” calling it “inspiring”.

In a recent press statement released in wake of Alt News co-founder Mohammed Zubair, the Press Club of India said, “We also see the arrest of activist Teesta Setalvad as very disturbing as it also smacks of vendetta.”

Public meetings and protests

Meanwhile public meetings and peaceful protests are being organized across the country everyday. Protests were held in Kolkata, Bangalore, Varanasi, Patna, Mumbai, Delhi, Jaipur, Ranchi, Ajmer, Ahmedabad, Bhopal, Lucknow, Allahabad, Chandigarh, Chennai, Dhulia, Raipur etc.

On June 28, in a beautiful example of women supporting women, over 500 Adivasi women with their children from UP’s Sonebhadra district, came together to condemn the shocking arrest of Teesta Setalvad. The protest was called by All India Union of Forest Working People (AIUFWP) and the union’s president Sokalo Gond expressed solidarity with Setalvad.

Gond said, “We condemn the Gujarat government for arresting Teesta Setalvad. We stand with her. We will stand with her whenever necessary.” Readers would recall that when Sokalo Gond had been arrested on trumped-up charges, merely for leading the grassroots movement for community forest rights, it was Citizens for Justice and Peace (CJP) under Setalvad that assisted the AIUFWP to secure her release.

On June 30, 2022, a newly launched broad-based alliance Solidarity for the Prisoners of Conscience in India expressed solidarity with Setalvad saying, “What the present government is doing is “Governance by Fear” in its rawest form.”

Similarly, Bangla Sanskriti Manch, working with Bengali speaking migrant workers voiced solidarity with Setalvad. Her organisation Citizens for Justice and Peace (CJP) had delivered food to thousands of starving workers in Mumbai during Covid-19.

“It is astonishing to think that national politics is becoming so vicious that a real philanthropist and human rights activist has been trapped in a false case and taken in custody. But no Opposition political party has really opposed this ultimate state oppression,” said the Manch in a press release.

Odisha’s citizens gathered in the capital city of Bhubaneswar on June 30, 2022 to condemn the “naked attack” on dissent. Students, youth, women, intellectuals, journalists, political activists and lawmakers joined the protest on Thursday, called by various democratic and human rights organisations. Led by senior journalist Ravi Das, Prof. Birendra Nayak, eminent environmentalist Prafulla Samantara amongst others, the civic protest decried the BJP-led central government’s attack on dissent and democratic rights.

Others at the protest were Equality Council member Abhiram Mallick, journalist Sudhir Patnaik, Professor Vijay Bahidar, human rights lawyer Vishwapriya Kanungo, columnist Amiya Pandav, Revolutionary Women’s Organization’s Pramila Behera, All India Students’ Union State leader Sanghamitra Jena, Democratic Rights Protection Organization’s Debranjan, All India People’s Forum’s Banshidhar Parida, National Hawkers’ Federation’s Jayant Das, social activists Sasmita Jena, Srimanta Mohanty, Sandeep Patnaik, researcher Nigmananda Sarangi, social activists Kalyan Anand, Bishwanath Patra, Manas Patnaik, Samajwadi Party’s Sudarshan Pradhan, Eju Aamir Khan, etc.

This includes anti-Jindal Spokesperson Prashant Paikray who asked, “If Setalvad is arrested for fighting for the victims then what about us activists who speak for local villagers? We all are anti-nationals and they alone [the ruling regime] are nationalists?”

Many political leaders from various opposition parties have also come out in support of Teesta Setalvad:

Among politicians, Congress MP Shashi Tharoor has called out the regime’s “habit of targeting opponents and infringing on civil liberties”.

W’out entering into the merits or any specifics of the case (which we must leave to the courts to decide), I deplore GoI’s habit of targeting opponents& infringing on civil liberties, of which the arrest of @TeestaSetalvad is the latest example. India’s democracy is our strength!

— Shashi Tharoor (@ShashiTharoor) June 26, 2022

Similarly, CPI (M) Politburo member Brinda Karat also came out in support of Setalvad and called her arrest a “very vindictive action” by the regime. She warns that such actions are an “ominous threat to all democratic citizens” who dare to question the role of authorities in the spread of communal violence.

Comrade Brinda Karat, Polit Bureau Member of the CPI(M) speaks on arrest of activist Teesta Setalvad. pic.twitter.com/SnjlLTWis8

— CPI (M) (@cpimspeak) June 26, 2022

Mehbooba Mufti, president of the JKPDP was appalled that the SC judgment was being “being used to punish the seekers of justice.”

Appalled that standing with the victims has been criminalised & asking for justice is equated with hatching conspiracies. To make matters worse, this judgement which should’ve served a closure is instead being used to punish the seekers of justice. https://t.co/sVOFblnKhn

— Mehbooba Mufti (@MehboobaMufti) June 26, 2022

Jignesh Mevani too, who was recently himself targeted by a vindictive regime, tweeted, “Teesta Setalvad is paying the price for upholding truth. She has always stood for the poor & marginalized, fought against Human Right violations across the country. But those that act against the interest of the poor are roaming free. This is New India!”

#TeestaSetalvad is paying the price for upholding truth. She has always stood for the poor & marginalized, fought against Human Right violations across the country. But those that act against the interest of the poor are roaming free. This is New India! #TeestaSetalvadArrested

— Jignesh Mevani (@jigneshmevani80) June 26, 2022

Related:

Free Teesta Setalvad: Adivasi sisterhood shows support for the human rights defender
Press Release: Teesta questioned for around four hours: Javed Anand
PRESS RELEASE: Teesta doing okay so far in police custody: Javed Anand
Free Teesta Setalvad: Support and demands for justice growing
Free Teesta Setalvad: India’s unequivocal demand
Huge outpouring of solidarity and support for Teesta Setalvad
PRESS RELEASE: Teesta Setalvad roughed up as Gujarat ATS personnel barge into her home

The post A week in the life of human rights defender Teesta Setalvad appeared first on SabrangIndia.

Renowned activist Jayasree Kakumani passed away on the night of July 31, 2021 due to cardiac arrest. Her death dealt a heavy blow for the entire human rights defenders community. The 61-year-old activist and lawyer was one of the most active members of the Human Rights Forum (HRF) in Kadapa and Rayalaseema regions of Andhra Pradesh.

Survived by her husband Akthab and son Anosh Raj, Jayasree Kakumani also leaves behind a rich legacy of human rights work. Her work towards the rehabilitation of the Gandikota reservoir affected and against the uranium-mining in Thummalapale is particularly well-known. She further challenged mafia and vested interests in Kadapa and the Rayalaseema region, caste atrocities, tribal repression, domestic violence, etc. Even her own inter-faith marriage was a defiance of discriminatory regimes at a personal level.

Last year, she joined the Talla Proddutur villagers’ protest against the Gandikota reservoir project, whose water had flooded their agriculture fields and houses. She stood alongside the people from various marginalised communities despite facing a two-day house arrest earlier. At the time, she had condemned the apathetic government for allowing the submerging of the village despite pending rehabilitation work at centres, including compensation.

JanaSena party member Jaya Kalyani Akula wrote in her Facebook tribute, “In November 2019, I went to know about the problems faced by the people due to uranium mining in Kadapa district. I worked with Jayashree garu one day… She is an inspiration to so many like me. Human rights platform, Cuddapa convener Jayasree Kakumani’s sudden death is a loss to the human rights movement in Andhra.”

Jayashree Kakumani was vocal about the impact of the government-owned Uranium Corporation of India Limited’s (UCIL) mining project on the lives of nearby residents. Many have complained about plummeting underground water levels due to drastic increase in sodium and uranium as well as surface water contamination. The persisting project also threatens air and soil pollution. Jayasree Kakumani with her organisation filed petitions against such developmental projects.

However, the state government responded to her and HRF’s human rights work with UAPA charges alleging she and her organisation were trying to provoke locals against government projects and join local Maoist groups instead. Around 27 people were named in the FIR including HRF member V. S. Krishna, Andhra Pradesh State Civil Liberties Committee (CLC) General Secretary Chiluka Chandrasekhar.

Nonetheless, Jayasree Kakumani was under constant surveillance by state authorities. She faced multiple house detentions for her human rights work. Her contributions as a Human Rights Defender are fondly remembered by her family and supporters.

Related:

Gandikota reservoir: Oustees of 6 Submerged Villages Compensation, Rehabilitation Benefits
Uranium Mining in Jharkhand: Radioactive Poisoning Ravaging Lives in Villages

The post Jayasree Kakumani no more appeared first on SabrangIndia.

The United Nations is worried about the condition of human rights defenders, activists and dissenters across the world as instances of reprisals and intimidation have been reported even amidst a global pandemic. A recent report by the Secretary General titled Cooperation with the United Nations, its representatives and mechanisms in the field of human rights documented alleged reprisals in 45 countries, but that these represent only a fraction of the actual number of incidents committed, mainly by States but also by non-state actors.

The 45 countries linked to cases listed are: Algeria, Andorra, Bahrain, Bangladesh, Burundi, Cambodia, Cameroon, China, Colombia,  Comoros, Cuba, Djibouti, Democratic Republic of Congo, Egypt, Equatorial Guinea, Guatemala, Honduras, Hungary, India, Iran, Israel, Kazakhstan, Kuwait, Laos People’s Democratic Republic, Libya, Mali, Mexico, Morocco, Myanmar, Nicaragua, Pakistan, Philippines, Poland, Russian Federation, Saudi Arabia, South Sudan, Sri Lanka, State of Palestine, Thailand, Turkey,  United Arab Emirates, Uzbekistan, Venezuela, Viet Nam and Yemen.

“Given the vast change in the engagement with the UN this year due to the pandemic, we imagined the numbers would be going down, but that has unfortunately not been the case,” said UN Assistant Secretary-General for Human Rights Ilze Brands Kehris, who presented the report and held a virtual discussion with member States recently. “On the contrary, I am worried this may even be a sign that cases have actually increased,” he added.

Digital Surveillance of activists

The report demonstrates the clear online dimension involving those who cooperate with the UN, showing the targeting does not just take place on UN premises. In the digital sphere, the cases range from activists and journalists being attacked on social media after speaking at a UN meeting, to being punished for submitting information to or communicating electronically with the UN.  Some of these communications to the UN were thought to be private, exposing the degree of surveillance and cracks in digital security that activists and journalists face.

The Secretary-General notes in the report that “With our work being increasingly carried out online as a result of Covid-19, we should ensure participation remains meaningful, effective, easily accessible, and free from intimidation or reprisals of any sort.”

Trends and key findings

The report details the many cases of activists suffering prolonged detention and prison sentences, including some particularly severe cases of ill-treatment and torture. Trends in the targeting of women and lesbian, gay, bisexual, transgender and intersex persons, and those working on protecting their rights, including on sexual and reproductive health, seem to be particularly sharp.  Threats of rape, online smear campaigns, sexual assault in detention, and humiliating and degrading treatment have been reported. 

The report notes that between 2017 and 2019 there was an increase in allegations of reprisals publicly reported concerning women or those working on women’s human rights and gender-related issues.  At the same time, cases not publicly reported or kept anonymous due to protection or other concerns are predominantly women. 

How is India faring?

When it comes to India, the UN report focuses on the following cases:

• The targeting of an NGO in Manipur under the guise of violation of the Foreign Contributions (Regulation) Act (FCRA)

• The vilification of Khurram Parvez and his NGO in Kashmir

Centre for Social Development (CSD), Manipur

In the Manipur matter, the report says, “Allegations of reprisals against the Centre for Social Development (CSD) in Manipur and its staff, including its secretary Mr. Nobokishore Urikhimbam, were included in the 2018 and 2019 reports of the Secretary-General on allegations of surveillance and freezing of their bank account for cooperation with the UN. On September 11, 2019, special procedures mandate holders (IND 18/2019) raised concern about the suspension of registration of CSD, and the surveillance, threats and attacks against its staff and their family members. It was reported to OHCHR that in October 2019 the CSD’s license under the Foreign Contribution (Regulation) Act of 2010 (FCRA), which had been suspended, had been reinstated.”

It added, “Mandate holders drew particular attention to the July 4, 2019 attempted shooting of Mr. Urikhimbam’s daughter, which appeared to be linked to his work in defence of human rights and his engagement with the UN (IND 18/2019). On July 5, 2019, the family of the victim filed a complaint at the Singjamei Police Station and, two weeks later, a First Information Report (FIR) was registered by the police. Due to a fear of further reprisals, the mandate holders noted that Mr. Urikhimbam cancelled a trip to Geneva to represent CSD and United NGOs Mission Manipur in discussions on the margins of the July 2019 session of the Human Rights Committee, and also in September 2019 to attend the Human Rights Council. As of May 2020, it was reported to OHCHR that the alleged perpetrators of the attempted shooting of Mr. Urikhimbam’s daughter had not been identified.”

Jammu and Kashmir Coalition of Civil Society (JKCCS)

The report says, “A July 2019 OHCHR report on Indian-administered Kashmir and Pakistan-administered Kashmir noted reprisals against Jammu and Kashmir Coalition of Civil Society (JKCCS), which regularly cooperates with the UN. This report stated that, hours after the release of OHCHR’s previous June 2018 report, content defaming JKCCS and its coordinator, Mr. Khurram Parvez, was spread on social media by a group that claimed to have ISIS affiliation, including death threats against Mr. Parvez and his family.”

The plight and constant persecution of Parvez and JKCSS has found mention in previous UN reports as well. This latest report adds, “It was reported to OHCHR that Mr. Parvez, who in the past has been subject to travel bans, arbitrary arrest and detention in relation to his cooperation with the UN, was informed in August 2019 that he was prohibited from traveling internationally because he was placed on an ‘Exit Fly List’. It was further reported that Mr. Parvez was called in for ‘routine verification’ by police in February 2020 and, as of May 2020, three ‘First Information Reports’ filed by police in 2016 before a court in Srinagar were still unresolved.”

GoI’s response

When the UN sought information in the above cases, here is what it found. The report says, “On July 31, 2020, the Government responded in detail to the note verbale sent in connection to the present report. Regarding the situation of CSD in Manipur, the Government stated that the FCRA has been enacted to regulate the acceptance and utilization of foreign contribution or foreign hospitality by individuals or associations or companies to ensure that funds are not used for purposes detrimental to India’s national interests. The FCRA registration of CSD was suspended as it has been assessed and found to be in violation of this Act. Regarding the preventive detention of Mr. Parvez, the Government stated that it has been drawn from the cases registered against him Under Section (U/S) 151, 107 Code of Criminal Procedures (CRPC) for his activities against the public order in the past few years. The Government noted that a person who is under investigation for a criminal case registered against him under law is required to cooperate with the investigating agencies, and should not try to leave the country till the investigations are completed.”

The entire report may be read here: 

Related:

BREAKING: Amnesty halts India operations

UN High Commissioner for Human Rights files intervention application in SC against CAA

UN High Commissioner for Human Rights flags crises in Assam and Kashmir

The post UN raises concerns about attacks on Human Rights Defenders appeared first on SabrangIndia.

According to Republic TV, this committed and dedicated lawyer and activist is an “urban Maoist” who is “plotting to break India” with separatist groups and armed guerrillas across the country. The basis for the long list of scurrilous allegations and malicious insinuations against Advocate Bharadwaj is a letter purported to be written by her that Republic TV claims it has accessed.

The provenance of this letter is not revealed and we are not told how it came into the possession of Republic TV. The language of the letter is crude and clumsy, with the supposed author self-identifying as “Comrade Advocate Sudha Bharadwaj” and mentioning the names of various known and unknown individuals who are meticulously addressed as “Comrades”. The contents – or rather, what Republic TV claims are the contents – are supposed to establish a “sensational” connection between the Kashmiri separatists, “urban Naxals”, students from JNU and TISS, and others who take public stands against the anti-people policies of the state. According to Republic TV, these are “incontrovertible and unquestionable facts” that cannot be questioned.

Based on the telecast, the alleged letter belongs to the shoddy archive of similar “documentary proofs” that are regularly leaked to the press by investigation agencies eager to pin various “crimes” onto activists, leaders of people’s movements, political opponents, human rights defenders, critics of government policies and other citizens who are exercising their legitimate rights to free speech, dissent and political action.

The frenzied propagation by Republic TV of these concocted allegations and invented charges against known critics of the ruling party is clearly aimed at blurring the lines between evidence and allegation, accusation and proof, coincidence and causality in the mind of viewers who do not have access to multiple sources of information.

Equally dangerous is the creation and demonisation of virulent labels like “urban naxals” and “tukde-tukde gang”, which gain currency solely by virtue of insistent repetition and circulation despite being legally, factually and politically untenable.

The lethal consenquences of this shameless manipulation of public opinio​n​​ are today visible in the form of the targeted lynchings of Muslims, Dalits and others identified as criminals based on malevolent WhatsApp messages and videos.

Ludicrous though this attack on Advocate Bharadwaj may seem, it is also a signal of the widening dragnet being used to establish absolute control over all institutions and spaces of governance. We call on all responsible people to condemn and expose this attack as the latest attempt by the Modi sarkar and its embedded propagandists in the media to bypass democratic institutions, undermine the rule of law, stifle all voices of dissent and crush all those who seek to question or challenge their autocratic rule.

We also call on media bodies, professional associations and senior journalists to come out and condemn practitioners of this form of toxic, unethical and malicious “journalism”.

Nancy Adajania, curator and writer
Prof Amita Baviskar, Institute of Economic Growth
Dr Shilpi Bhattacharya, OP Jindal Global University
Prashant Bhushan, Advocate, Supreme Court of india
Dr Neera Burra, writer and historian
Prof Uma Chakravarthy, feminist historian
Anil Chamadiya, journalist
Prof CP Chandrasekhar, JNU
Anil Chaudhary, PEACE
Dr Yug Mohit Chaudhary, Advocate, Bombay High Court
Dr Vanessa Chisti, OP Jindal Global University
Maja Daruwala, Senior Advisor, Commonwealth Human Rights Network
Senior Advocate Mihir Desai, Bombay High Court
Saba Dewan, filmmaker
Deepa Dhanraj, Filmmaker
Professor Sabeena Gadihoke, AJK Mass Communication Research Centre, filmmaker
Prof Jayati Ghosh, JNU
Professor Shohini Ghosh, AJK Mass Communication Research Centre, filmmaker
Viji Ghosh, journalist
Colin Gonsalves, Senior Advocate, Supreme Court of India
Dr Smita Gupta, JNU
Prof Zoya Hasan, JNU
Ranjit Hoskote, curator and poet
Indira Jaising, Senior Advocate, Supreme Court of India and former Additional Solicitor General of India
Amar Kanwar, Filmmaker
Prof Ayesha Kidwai, JNU
Ritu Menon, publisher and writer
Dr Kalyani Menon-Sen, researcher and writer
Ravi Nair, SAHRDC
Farah Naqvi, writer and activist
Aditya Nigam, Centre for the Study of Developing Societies
Anand Patwardhan, Filmmaker
Pamela Philipose, journalist
Dr Imrana Qadeer, health activist
Annie Raja, General Secretary, National Federation of Indian Women
Vimala Ramachandran, Education Resource Unit
Aruna Roy, Mazdoor Kisan Shakti Sangathan
Dunu Roy, Hazards Centre
Rahul Roy, filmmaker
Prof Abhijit Sen, JNU
Ardhendu Sen, IAS (retired)
Dr Jhuma Sen, OP Jindal Global University
Dr Rohini Sen, OP Jindal Global University
Dr Mira Shiva, health activist
Abhishek Srivastava, journalist
Dr Pankaj Srivastava, journalist
Prof Nandini Sundar, Delhi School of Economics
Prashant Tandon, journalist
Henri Tiphagne, People’s Watch Tamilnadu
Dr Achin Vanaik, writer and researcher
Dr Anish Vanaik, OP Jindal Global University
Anand Swaroop Varma, Editor Samkaleen Teesri Duniya
Prof Asghar Wajahat, writer, playwright and filmmaker
Nivedita Menon, Jawaharlal Nehru University
 

The post Statement condemning the attack on Advocate Sudha Bhardwaj appeared first on SabrangIndia.

 
Who is Teesta Setalvad
Teesta Setalvad is a highly respected journalist, educationist and human rights defender. She is the recipient of the Padma Shri[1], one of India’s highest civilian honours. She is one of the few activists to have openly challenged powerful perpetrators[2] of the Gujarat anti-Muslim violence[3] of 2002 in the courts. Many of these people have strong ties to right-wing supremacist groups and are now a part of the national government. Some of these people hold some of the most powerful political offices in India.

It was because of the work done by the NGO Citizens for Justice and Peace (CJP) of which Setalvad is the Secretary, that many of them could even be named[4] in these cases. In fact, it was because of the legal aid provided by CJP that convictions of nearly 170 people could be secured in the Gujarat Riots cases. This is why the present regime in India has been trying to punish her[5] by foisting a whole host of fake cases[6] and false allegations[7] upon her.
 
The Witch Hunt against Teesta Setalvad
While Teesta Setalvad has been hounded[8] since 2004, her husband Javed Anand who is a journalist and human rights defender himself, was drawn into this maelstrom in 2015, shortly after a new government came to power at the centre and the vendetta intensified. Anand is an office bearer of CJP, a co-founder of Sabrang and Indian Muslims for Secular Democracy. What was first dictated by Gandhinagar (capital of Gujarat), is now being orchestrated and executed by New Delhi. Gujarat Police, Ministry of Home Affairs (MHA) and Central Bureau of Investigation (CBI), have all been deployed against the human rights defenders who have carried on their struggle for justice despite this politically motivated hounding.

We are especially appalled at the predatory efforts[9] to use any means, including the most profoundly foul ones[10], to somehow incarcerate Teesta Setalvad and Javed Anand in one false case after another. What is stark about the campaign against Setalvad is the insistence of the Gujarat police, state government, and earlier even the Central government and federal agencies like the CBI on custodial interrogation, always an invitation to custodial torture. In Setalvad’s case, with the enmity of the powerful against her, there is a serious threat to her life.

Several prestigious international publications[11] have published multiple reports[12] on how the couple has been harassed[13] and bullied[14] by the government. In fact, even Frontline Defenders[15], a highly respected international organisation aimed at protecting human rights activists, has often come out in defence of Teesta Setalvad[16]. The UN Special Rapporteurs[17] have also expressed concerns about this hounding. The Higher Courts in India have also commented[18] on the fact that the activists and their organisations have become targets of a vindictive regime, held to be responsible in 2002 for overseeing the massacre of India’s minorities[19].

We categorically state that all allegations of embezzlement, misappropriation, publishing communally inflammatory content, witness tutoring or filing of false affidavits … are all false and baseless.
 
Zahira Sheikh’s allegations
The first attack on Setalvad was in 2004 at the time of the hearing of the re-trial in the Best Bakery case when Zahira Sheikh, one of the star witnesses, was unfortunately lured into making accusations of kidnapping. Setalvad herself independently approached the Supreme Court for an inquiry into the allegations after which an Inquiry by the Registrar General of the SC, exonerated Setalvad and CJP. In fact, allegations brought about by Zahira Sheikh[20] were found to be false and Zahira was charged with perjury[21] for lying under oath.

Thereafter since 2010, after the Zakia Jafri case[22] against the then chief minister and other powerful perpetrators gained traction, the attacks multiplied[23] and accusations of witness tampering were made, all by a former, disgruntled employee. The allegations of witness tutoring are also false and malicious and none of them have been proven yet. In special trial court judgements in Sardapura, Naroda Patiya and Gulberg all allegations of perjury have not been proven. In fact the judgements have held that assisting witnesses through legal aid is in no way an interference in the course of justice.
 
Allegations of preparing False Affidavits
When it comes to the case about preparing affidavits[24] for Gujarat riots survivors to make their plight sound more gruesome and shocking than their actual experience, the truth is that during the course of cross examination during trials all these witnesses were confronted with the so called false affidavits and they all admitted that they willingly swore the affidavits, purchased the stamp paper for executing them, the affidavits were prepared in their presence and read out to them in vernacular and that Teesta Setalvad was not even present when the affidavits were being prepared!
 
The Gulberg Embezzlement Case
The First Information Report (FIR) or police complaint in the so called[25] embezzlement case has been countered by hundreds of witness survivors who have stood by Teesta Setalvad and CJP. The FIR of January 2014 has not yet resulted in a charge sheet despite the
passage of over four years and despite the submission of over 20,500 pages of accounts and vouchers to the Crime Branch.

In the interest of due disclosure and transparency, Teesta Setalvad, CJP and Sabrang had their accounts re-audited and examined by prestigious auditors who have denied any embezzlement. In fact, even the Supreme Court has commented aloud on the need for custodial interrogation[26] in the case given how all relevant documents have already been provided to investigative authorities.
 
The alleged FCRA violation
In the same year (2015) that the Gujarat Police failed to arrest Setalvad and Anand, thanks to the protection granted by the Supreme Court, the state launched one more witch hunt against the couple. Writing to the MHA, now under the same political dispensation that was in power in Gujarat during the genocidal carnage of 2002, the Gujarat Police goaded them into an investigation under the Foreign Contribution Regulation Act (FCRA) against all three organisations run by the couple, viz. Sabrang Trust, Citizens for Justice and Peace (CJP) and Sabrang Communications.

For one whole week in June 2015, all the aforementioned organisations cooperated fully with the MHA, answered all queries and submitted all documents for scrutiny. The organisations also pointed out the malicious nature of the various cases foisted upon them. They also pointed out linkages between the powerful perpetrators of the riots and the chief complainant in each case, a disgruntled former employee.

Within weeks of this MHA visit, there were rumours in the media, that despite satisfying all requirements of investigation agencies, another case could be initiated by the CBI against one of the organisations. Setalvad and Anand wrote to the CBI offering full cooperation. Despite this the CBI that is directly under the Prime Minister’s Office (PMO)[27] conducted raids on the properties of the organisations. This meant one more round of anticipatory bail applications to avoid custodial interrogation, an appeal that was luckily granted by the Bombay High Court.
 
The alleged Misappropriation of Funds
The misappropriation case with respect to Setalvad’s education NGO Khoj, is the most bizarre. It is alleged that Setalvad and Anand diverted funds obtained under a government scheme for personal use. Recently the police moved against Setalvad and Anand’s bail application stating the possibility of evidence tampering. However, the KHOJ project began in 2010 and got over well before Jan 2014 when the bank accounts were frozen due to false allegations in the Gulberg embezzlement case. The only evidence of the alleged embezzlement is in the bank accounts. If the accounts in question are frozen, how exactly can Setalvad tamper with evidence? This is clearly a ploy to get a chance for custodial interrogation[28] of Setalvad, where they can use coercive tactics like ‘enhanced interrogation techniques’ or torture.

Then there is the absurd claim that Teesta Setalvad misused the funds to mix religion and politics and create communal tensions. Truth is that Setalvad and her NGOs have worked tirelessly to foster good relations between people of all communities. Setalvad was instrumental in setting up ‘mohalla’ or neighbourhood committees[29] to ensure people of different communities co-exist in peace and harmony. The reading materials produced by any of Setalvad’s NGOs do not contain any communal or inflammatory content.
 
The Curious Case of Rais Khan
This brings us to the common thread binding all these false cases. They were all filed by a man named Rais Khan[30], a disgruntled ex-employee[31] of CJP. Rais Khan, has, since 2010, thirty two months after he was discontinued from services of field coordinator of CJP, a remunerative post where rental accommodation was also provided, literally been forum shopping and at the root of several malicious and false cases against Setalvad.

Clearly, today Khan who enjoys the patronage of the regime in Delhi having been appointed to the Central Wakf Board[32] also has senior counsel closely associated with the ruling party appearing for him. Since September 2010 his forum shopping has meant him approaching five trial courts[33] specially hearing the Gujarat 2002 cases, the Nanavaty Shah Commission, the SIT[34] and now the Crime Branch of the Gujarat police. In two judgments, in the Sardarpura[35] matter and the Naroda Patiya matter, the judgments have passed remarks against Khan labelling his conduct as interference in the administration of justice.
 
Other forms of Harassment
Apart from the intimidation unleashed via a barrage of false cases, all insisting on custodial interrogation, a clear attempt to paralyse these human rights defenders and their organisations was made by an illegal freezing of personal and organisational bank accounts. The Supreme Court has, when approached to de-freeze these accounts, held that once investigation is over, the process can begin.

The state also purposely files cases in such a manner that Setalvad and Anand have to run from pillar to post to get bail in these false cases. For instance, in the KHOJ matter although the case should be based in Mumbai as this is where the offices of CJP and Sabrang are located, the case was purposely filed in Gujarat, forcing unnecessary travel whenever there is a bail hearing. Moreover, transit bail has to be sought from a Mumbai court to prevent arrest before Setalvad and Anand can reach and apply for bail before a Gujarat court. This is an extremely vicious form of harassment!

Attempts are made to prevent Teesta Setalvad from travelling abroad because the perpetrators are afraid that she will lay threadbare the dismal human rights record of the present regime before the international community! Recently, when Setalvad was invited to travel to Canada and the United States, the state moved to have her grounded. Luckily the Supreme Court gave Setalvad protection from arrest[36] and further harassment during the period of her travel.

Setalvad has had to seek protection against arrest eight times and face nine malicious cases. The attempt is clearly to hound and paralyse them physically and impact their path-breaking human rights work.
In addition to this witch hunt, there is also a media trial run by publications and networks close to the government. A malicious propaganda has been unleashed by them where they only report and publish one sided stories[37]. These stories are worded in a manner that vilifies[38] Setalvad and discredits[39] her work.
 
Nevertheless, she persisted
But despite the constant hounding, bullying and harassment, Setalvad has not given up. In fact, she has taken up the challenge with renewed vigour and expanded the scope[40] of her human rights initiatives to include indigenous people, ethnic and religious minorities, oppressed castes, disabled people, women, children and LGBTQIA people. There are also active campaigns related to freedom of speech and criminal justice reforms.

We are fighting for the rights of Dalit Activists like Chandrashekhar Azad who have been incarcerated under trumped up charges. We are fighting to have false cases against Adivasi forest workers dropped in in Sonebhadra in Uttar Pradesh where they have led a long and peaceful struggle for land rights. Our Four Pillars include Minority Rights, Child Rights, Criminal Justice Reforms and Freedom of Expression. You can read more about our work here.

It is because of our genuine commitment to secularism, social harmony and justice, that we enjoy the continued support of our trustees who include some of the most respected journalists, industrialists and civil society voices in India. The support for human rights defender, Teesta Setalvad and her team comes from to hundreds of thousands of Indians who have stood by us and encouraged in our mission to build a more equal, harmonious and empowered India.
 
                                                     
Anil Dharker (President, CJP)                 Nandan Maluste (Vice President, CJP)
                                        
Cyrus Guzder (Trustee, CJP)                   Teesta Setalvad (Secretary)                                                  
 
[1] https://www.outlookindia.com/website/story/padma-awards-2007/233715
[2] https://www.frontlinedefenders.org/en/profile/teesta-setalvad
[3] http://www.frontline.in/books/never-say-die/article9563407.ece
[4] https://www.ndtv.com/india-news/zakia-jafri-plea-in-gujarat-riots-case-rejected-10-points-1758866
[5] http://www.thecitizen.in/index.php/en/NewsDetail/index/2/4523/Citizens-Unite-Behind-Setalvad-and-Anand-Public-Hearing-on-Monday
[6] https://www.firstpost.com/politics/teesta-setalvad-is-being-framed-by-the-gujarat-govt-but-why-is-there-no-outrage-2097117.html
[7] https://scroll.in/article/740762/modi-governments-hounding-of-teesta-setalvad-is-a-message-to-all-dissidents
[8] https://indiaresists.com/the-case-against-teesta-setalvad-or-the-gujarat-model-of-vindictive-action/
[9] https://timesofindia.indiatimes.com/india/Stop-targeting-Teesta-Setalvad-30-MPs-tell-Rajnath-Singh/articleshow/47219006.cms?
[10] https://blogs.timesofindia.indiatimes.com/toi-edit-page/hounding-of-teesta-setalvad-attempts-to-arrest-her-and-subject-her-to-custodial-interrogation-are-uncalled-for/
[11] https://www.nytimes.com/2015/08/20/world/asia/teesta-setalvad-modi-india.html
[12] http://www.bbc.com/news/world-asia-india-34105194
[13] http://indianexpress.com/article/cities/ahmedabad/human-rights-activists-come-out-in-support-of-teesta-setalvad/
[14] https://timesofindia.indiatimes.com/india/Teesta-Setalvad-hounded-for-speaking-up-feel-scribes/articleshow/46269463.cms
[15] https://www.frontlinedefenders.org/en/case/smear-campaign-against-teesta-setalvad
[16] https://www.frontlinedefenders.org/en/case/judicial-harassment-teesta-setalvad
[17] www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20112&LangID
[18] http://www.thecitizen.in/index.php/en/NewsDetail/index/2/4740/Teesta-Setalvad-Given-Anticipatory-Bail-HC-Says-No-Threat-To-National-Security
[19] https://thewire.in/rights/why-the-bombay-high-court-ruling-on-teesta-bail-is-a-big-blow-to-the-cbi
[20] http://www.thehindu.com/todays-paper/tp-national/i-am-satisfied-teesta-setalvad/article3183438.ece
[21] https://timesofindia.indiatimes.com/india/Zaheera-found-guilty-of-perjury-gets-3-more-months-in-jail/articleshow/1638969.cms
[22] https://www.outlookindia.com/magazine/story/why-i-stand-by-her/293486
[23] https://timesofindia.indiatimes.com/home/sunday-times/all-that-matters/The-courts-of-this-country-are-on-trial-not-Teesta/articleshow/48219571.cms
[24] http://www.thehindu.com/news/national/other-states/setalvad-gets-anticipatory-bail-in-false-affidavit-case/article2316705.ece
[25] https://www.outlookindia.com/newswire/story/Withdraw-Concocted-Case-Against-Setalvad-CPIM-to-Gujarat-Govt/881181
[26] https://scroll.in/article/707893/supreme-court-asks-why-police-need-to-interrogate-teesta-and-husband-in-custody-grants-interim-relief
[27] http://www.rediff.com/news/interview/pms-5-star-activists-comment-borders-on-contempt-of-court/20150409.htm
[28] https://www.outlookindia.com/newswire/story/teesta-setalvad-her-husband-shall-not-be-arrested-sc/882034
[29] http://www.thehindu.com/news/cities/Mangalore/need-seen-to-form-mohalla-panels-to-prevent-communal-clashes/article19914498.ece
[30] https://timesofindia.indiatimes.com/city/ahmedabad/Rais-Khan-behind-FIR-against-Teesta/articleshow/30022675.cms
[31] http://www.thehindu.com/news/national/Pathan-hobnobbing-with-riot-accused-Setalvad/article15715824.ece
[32] https://timesofindia.indiatimes.com/india/Modi-govt-rewards-Teesta-baiter-with-Central-Wakf-Council-post/articleshow/49990003.cms
[33] http://www.dnaindia.com/india/report-rais-khan-s-plea-to-be-a-witness-in-naroda-gam-case-denied-1476447
[34] https://timesofindia.indiatimes.com/city/ahmedabad/Lodge-case-against-Rais-Khan-Special-SIT-court/articleshow/7038228.cms
[35] https://timesofindia.indiatimes.com/city/ahmedabad/Rais-Khan-in-for-more-trouble/articleshow/7135729.cms
[36] http://www.thehindu.com/news/national/supreme-court-gives-temporary-relief-to-teesta-setalvad-in-fund-embezzlement-case/article23482191.ece
[37] https://indiaresists.com/6-myths-and-facts-about-teesta-setalvad/
[38] http://www.sudarshannews.com/category/national/crime/teesta-sitalwad-have-to-reply-on-her-past–8550?utm_campaign=pubshare&utm_source=fb&utm_medium=SudarshanNews&utm_content=auto-link&utm_id=307&utm_owner=Admin1converter.onesearch.org/?&ap=nocache&i_id=converter_100.0.0&page=newtab&
[39] https://www.youtube.com/watch?v=P6yKppmbnuc
[40] https://www.mid-day.com/articles/teesta-setalvad-restarts-her-ngo-to-fight-for-dalits-kashmiri-pandits-lgbtq-community/18785181
 

The post Countering All Allegations – CJP Places All Facts on Record appeared first on SabrangIndia.

Press Release: Setalvad and Anand make statement before Ahmedabad Crime Branch

On April 5, Justice Revati Mohite Dere of the Bombay High Court granted interim transit bail till May 2, 2018 to Teesta Setalvad and Javed Anand. As per the orders of the Hon’ble Court, Teesta Setalvad and Javed Anand appeared before the Ahmedabad Crime Branch at 10 a.m. on April 6. Both gave their statements in response to all the questions put to them until after 5 p.m.

The post Teesta Setalvad hits back at malicious allegations, responds with documentary evidence appeared first on SabrangIndia.

A Brief Background of how Rais Khan has been harassing Setalvad

Khan has, since 2010, thirty two months after he was discontinued from services of field coordinator of CJP, a renumerative post where rental accommodation was also provided, literally been forum shopping and at the root of several malicious and false cases against first Setalvad alone, then both Anand and Setalvad. Setalvad was first targeted in 2004 through wings of the Gujarat state who induced star witness, Zahira Shaikh. A Supreme Court appointed Registrar General report completely exonerated Setalvad and CJP of baseless charges and found Zahira guilty of inducement by influential politicians. She was sentenced to one year simple imprisonment in 2006. Allegations against Setalvad have ranged from kidnapping to perjury now financial embezzlement.

Clearly, today Khan who enjoys the patronage of the regime in Delhi having been appointed to the Central Wakf Board also has senior counsel closely associated with the ruling party appearing for him. Since September 2010 his forum shopping has meant him approaching five trial courts specially hearing the Gujarat 2002 cases, the Nanavaty Shah Commission, the SIT and now the Crime Branch of the Gujarat police. In two judgments, in the Sardarpura matter and the Naroda Patiya matter, the judgments have passed remarks against Khan labelling his conduct as interference in the administration of justice.

Clearly the path-breaking work by CJP, spearheaded by its Secretary, Setalvad that has ensured the conviction of 172 persons — 124 of which to life imprisonment– is the single most significant reason for her being singled out by a vindictive regime. The continued historical legal battle in the form of the Zakia Jafri case too, is a serious thorn in the flesh for the powers that be.

Khan has now, in a new FIR, made a series of baseless allegations suggesting Setalvad and Anand got this funds for their education NGO KHOJ under the Sarva Shiksha Abhiyan, but the funds so obtained were utilised for personal purposes. The complaint also states the fund were used for creating and distributing printed materials that could cause communal disharmony. Khan first tried to get CBI, then MHRD to lodge this complaint. When that did not work, his allies in the crime branch have come to his aid.

So far, Teesta Setalvad, a human rights defenders with three decades of courageous work behind her, has had to seek anticipatory bail in false criminal cases eight times already. Curtailing her personal freedoms and threatened incarceration is clearly the preferred way of this regime. Anand too, has now been falsely implicated three times.
 

Now, CJP would like to set the record straight by presenting a summary of the facts of the case:

In 1994, Setalvad and Anand started a programme for school children which was christened as ‘KHOJ: Education for a Plural India’. As a project of Sabrang Trust, the KHOJ innovative educational modules evolved by them have been successfully implemented in both privately run and civic corporation-run schools in Mumbai and elsewhere in Maharashtra over the years.

Prior permission for a team of KHOJ teachers to run these classes in the Mumbai Municipal Corporation run schools, for example, was granted by the BMC’s Education Officer, year after year. KHOJ has been active since 1994 and has been working on the crucial area of Education Policy related to Democratization of the Social Studies and History Syllabus and Text-books.

Teesta Setalvad’s work in the field of education has been widely recognized and she was appointed to the Central Advisory Board of Education (CABE) Committee (CABE is a board constituted by the Parliament) in 2004 and served on the board till the year 2014. Teesta Setalvad was appointed as a member of the CABE on ‘Regulatory Mechanisms for Textbooks and Parallel Textbooks Taught in Schools outside the Government System’.

The terms of reference (TOR) of the Committee were:

• To study and report on textbooks in government schools not using the CBSE syllabus;
• To study the textbooks and curriculum of schools outside the government system, including those run by religious and social organizations;
• To suggest an appropriate regulatory mechanism for institutionalizing the issue of preparation of textbooks and curricular material.

In the course of their work, Setalvad came to know about the grant by the Ministry of Human Resource Development for Scheme of Assistance under Innovation and Experimental Education Programmes (Sarva Shiksha Abhiyaan). On behalf of Sabrang Trust, Setalvad submitted the proposal for grant from the Ministry of Human Resource Development to the then Joint Secretary of the Ministry of Human Resource Development Ms. Anita Bhatnagar on 8th March 2010. The said proposal was in the prescribed form along with the necessary Application Form.

Sabrang Trust sought 100% grant from the Ministry of Human Resource Development for a period of three years i.e. 2009-10, 2010-11 and 2011-12. Through the infusion of the grant in the said project the Trust sought in order to reach out to 6000 students in 75 schools, which would include the 2000 students in 33 schools across Maharashtra where KHOJ classes were already being conducted. The said Application Form also laid down the budgetary details of the Trust’s spending on the said project for the fiscal year 2009-10 and the total estimated expenditure for the fiscal year 2010-11. The total amount of grant requested for the fiscal year 2010-11 stood at Rs. 1,00,55,400/- (Rupees One Crore Fifty Five Thousand Four Hundred only).

After Sabrang’s proposal was examined and scrutinised, the Ministry of Human Resource Development, Department of School Education & Literacy released the first installment of the grant for the first year of the approved project amounting to Rs. 58,72,500/- by a letter dated 03.02.2011. A Joint Evaluation Team (JET) comprising of Ms. Venita Kaul (Member, Grant-in-Aid Committee), Mr. A. K. Tewari (Government of India Representative) and Mr. Nandan Nangare (State of Maharashtra Representative) under-took and evaluation of the project’s progress on 09-10.02.2012. This was favourable and some changes were suggested which were accepted by Sabrang.

Under the said scheme, 16 teachers were employed during the duration of the project. The said project benefited 192 schools through direct teaching and teacher training programmes. 10 Libraries were setup across Maharashtra and most of the books for the libraries were procured from Government publishing houses. An online project was set up, the same is still in existence 7 short films were made and one book was conceptualized and published as curriculum for 5th standard students. Through this curriculum which was a child centric pedagogy India’s constitutional values and pluralism were imparted to around 6000 students across the State of Maharashtra.

In fact, the JET said,
 

Overall, the objectives and efforts under the KHOJ project are undoubtedly laudable since not only do they cater to the need to promote secularism and peace education, which should be a priority, but also since there is hardly any effort otherwise in mainstream schools to address these aspects. How crucial it is to reach out to the children especially of the urban poor from the slum areas comes across very strongly in the anecdotes shared by KHOJ teachers with the JET.”

Over the period of three years the Ministry of Human Resource Development released grants worth Rs. 1,42,23,797/- (inclusive of bank interest) of which the Trust utilized a total of Rs.1,36,31,686/- and the un-used funds which amounted to Rs. 5,91,871/- was duly returned to the Ministry of Human Resource Development in 12.06.2014. The Ministry of Human Resource Development released grants worth Rs. 58,72,500/, Rs. 26,66,570/- and Rs. 54,20,848/- in the fiscal years 2011-12, 2012-13 and 2013-14 respectively and the Applicants furnished relevant utilization certificates.

The entire procedure was above board an in line with the law. CJP therefore requests the media to check their facts before reporting on the case. CJP would also like to warn readers against some outright hateful articles in some publications. We have nothing to hide and all facts have been laid clearly in this statement.
 

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The post Who is harassing Teesta Setalvad and why: Sabrang’s Official Statement on latest false FIR appeared first on SabrangIndia.

Manish Kunjam, a leader of Communist Party of India (CPI), recounts the horrors of Bastar; where the State has become synonymous to oppression. He talks in detail about the police harassment and false cases being framed against activists.

Kunjam was elected as an MLA in the early 90s. He was recently attacked in his office in Jagdalpur by 25 young men from AGNI (a vigilante group supported by the police to harass activists in Bastar region). He has been asked to leave Bastar repeatedly but has stayed firm. Speaking about the increasing violence at the hands of the police over the last couple of years under the regime of IG SRP Kalluri and his cohorts, Kunjam talks about the relationship between land and the struggle waged by adivasis for decades. The right to life with dignity and the fight against displacement have been portrayed as insurgency problem in central India. Contesting this, Kunjam reminds us that the adivasis are fighting for protecting their lives from the corporates and development ‘mafia’.

See the coverage of feminist historian Uma Chakravarti's talk at the Indian Social Action Forum's (INSAF) event 'Bearing Witness: Voices from Bastar', here .

Courtesy: Newsclick.in

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