The debacle of the ruling Bharatiya Janata Party (BJP)-Shiv Sena (Eknath Shinde)-Nationalist Congress Party (NCP-Ajit Pawar) combine (MahaYuti) in the western Indian state of Maharashtra was despite and in spite every effort to trick the voter into confusion.

Never has been the voter’s faith in the electoral process been at such an all-time low. The questionable conduct of the Election Commission of India (ECI) in a) failure to act against the brazen incitement and use of religion during the campaign by star campaigners like the Prime Minister and others from the ruling BJP; b) the ECI’s hostile and unaccountable behaviour in not releasing the figures of the Form-17C (that gives the total of votes polled from every constituency within 48 hours of the poll) and c) general hostile attitude towards the opposition and civil society increased scepticism and anger.

Before the onset of the poll process in March 2024, the obviously partisan behaviour of the ECI in awarding original party status to the breakway Shiv Sena and NCP rather than the original generated further resentment. Finally, during the recent electoral debacle in Maharashtra’s Lok Sabha constituency significant concerns regarding the Election Commission of India’s (ECI) allocation of election symbols have also come to light.

In the Maharashtra’s 2024 elections, splits within major political parties like the Shiv Sena and the Nationalist Congress Party (NCP) created significant voter confusion due to changes in party symbols. While the SS (UBT) was tasked with conveying to its loyal voter base that the bow and arrow needed to be overlooked for the new symbol of torchlight (Mashaal), NCP (SP) had to ensure that their voter base did not go for the Clock (Ghadiyal) but pressed the EVM button on the Tutari (man with the trumpet. However, after polling day came and went and counting day ensured that NCP(SS) romped home with 8 of the 10 seats in the Maharashtra Vikas Aghadi Alliance (MVA), the near certain Satara seat was lost because of another smbol of just a trumpet was also awarded to a rival candidate.

This phenomenon was particularly evident in four critical constituencies: Satara, Dindori, Shirur, and Baramati, where voters struggled to identify their preferred candidates’ symbols. This confusion impacted voting outcomes and highlighted deeper issues within the state’s political landscape.

Was the ECI actions in awarding visually similar or interchangeable symbols right in the eyes of law and the Constitution or juridically questionable violating the basic principles of free and fair elections in a democracy?

What conspired in Satara?

In Satara the similar symbol confusion cost the NCP (SP) one Parliamentary seat. In the 2024 Lok Sabha elections for the Satara constituency, the NCP (Sharadchandra Pawar faction) fielded Shashikant Jayvantrao Shinde, whose symbol was a man blowing a tutari (trumpet). Meanwhile, an independent candidate, Gade Sanjay Kondiba, was allotted a tutari (trumpet) symbol. The similarity between the symbols allegedly caused confusion among voters, contributing to the defeat of Shinde by a margin of 32,771 votes to BJP’s Udayanraje Bhonsle[1]. Patil claimed that the allocation of similar symbols was a deliberate attempt to split votes, which is a serious allegation that warrants a thorough legal examination[2]. The confusion over similar symbols could well have cost the NCP (SP) one seat.

Kindly embed this tweet here:

D confusing symbol in election plays spoilsport role. Sharad Pawar’s NCP (SP) nominee Shashikant Shinde lost LS polls due to this only. Shinde lost by 33,000 votes while proxy symbol having independent nominee got 37,000 vote. In other seats, proxy symbol reduced victory margin. pic.twitter.com/1t2Dd7FUHH

— Sudhir Suryawanshi (@ss_suryawanshi) June 7, 2024

What conspired in Dindori[3]?

In Dindori, the confusion over symbols was also palpable. In the Dindori constituency, an independent candidate named Babu Sadu Bhagre, who had a similar name and symbol to Bhaskar Bhagre from the Nationalist Congress Party (NCP), caused a significant stir. Bhaskar Bhagre was running against the sitting MP, Bharti Pawar from the BJP.

Babu Bhagre, although largely unknown and not a teacher (despite using “sir” in his name), started getting a lot of votes from the beginning. His symbol was a ‘Tutari’ (trumpet), which looked very similar to the NCP’s symbol, confusing voters.

After four rounds of vote counting, Bhaskar Bhagre was leading by 6,989 votes, but Babu Bhagre had already collected 12,389 votes. By the end of the counting, Babu Bhagre had over 103,632 votes. Despite this, Bhaskar Bhagre managed to win with 577,339 votes, beating Bharti Pawar by 113,119 votes.

Narhari Zirwal’s support for Bhaskar Bhagre, despite recently crossing over to Ajit Pawar’s faction, added another layer of complexity. Voters found it difficult to keep track of the political realignments and symbol changes, leading to potential mis-votes. This situation in Dindori exemplified the broader state-wide confusion, where voters’ long-standing associations with specific symbols were disrupted, necessitating intensive educational campaigns that were not always successful.

What conspired in Shirur[4]?

In Shirur, the electoral confusion was similarly pronounced. Amol Kolhe from the NCP (Sharad Pawar) was pitted against Adhalrao Patil from Ajit Pawar’s NCP. Reports indicated that senior voters accidentally voted for the clock symbol, traditionally associated with Sharad Pawar, but now representing Ajit Pawar’s faction. This error stemmed from muscle memory and deeply ingrained voting habits.

Despite Sharad Pawar’s faction’s efforts to educate voters about the new tutari symbol, many still inadvertently supported the rival faction. Campaigns involved using placards and real tutaris to familiarize voters with the new symbol, but these measures were not entirely effective. The voters’ confusion in Shirur underscores the challenges of shifting symbol recognition and the significant impact on voter behavior and election outcomes. Fortunately the outcome was not affected, and Dr. Amol Ramsing Kolhe of the Nationalist Congress Party – Sharadchandra Pawar won with 6,98,692 votes, second came Adhalrao Shivaji Dattatrey of the Nationalist Congress Party with 5,57,741 votes and the independent candidate with the tutari symbol Manohar Mahadu Wadekar came third with 28,330 votes.

Kindly embed this tweet here:

I voted. But observed a disturbing trend.

The problem is that the BJ Party has muddied the waters in MH by design. I belong to the Shirur constituency where Amol Kolhe (NCP-Sharadchandra Pawar, with INDIA bloc) was against Adhalrao Patil (NCP-Ajit Pawar, with NDA).
1/n

— Kedar Anil Gadgil (@KedarAnilGadgil) May 13, 2024

What conspired in Baramati[5]?

Baramati saw the peak of symbol confusion, with Supriya Sule from Sharad Pawar’s NCP competing against her sister-in-law Sunetra Pawar from Ajit Pawar’s faction. The outcome was however not affected. Supriya Sule of the Nationalist Congress Party – Sharadchandra Pawar won with 7,32,312 votes, second came Sunetra Ajit Pawar of the Nationalist Congress Party with 5,73,979 votes and third came the independent candidate with the tutari symbol Mahesh Sitaram Bhagwat who gathered 15,663 votes.

The situation was further complicated by the presence of an independent candidate who was allotted a symbol similar to the tutari, leading to additional voter confusion.

Despite extensive campaigning by Supriya Sule’s team to make voters aware of the new tutari symbol, traditional voters who had long associated the clock symbol with the NCP accidentally voted for Ajit Pawar’s faction. This confusion split the vote and demonstrated the deep-rooted challenges of re-establishing party identity amidst changing political symbols. The voter misalignment in Baramati highlighted the broader issue of symbol recognition in the face of political realignments.

Legal Violations and procedural failures in the allocation of election symbols by the ECI

The Election Commission of India’s (ECI) allocation of a man blowing a tutari to the Nationalist Congress Party (NCP) candidate and a tutari to an independent candidate in the Satara constituency, changing the symbol from the clock to the tutari and allotting the clock to other candidates in Baramati and Shirur constitutes a violation of Paragraph 4 of the Election Symbols (Reservation and Allotment) Order, 1968[6].

This provision requires the allocation of “distinct symbols to different candidates in the same constituency to prevent voter confusion,” which clearly occurred in Satara and Dindori as voters likely mistook the independent candidate’s tutari symbol for the NCP candidate’s symbol, leading to a misallocation of votes.

Moreover, paragraph 4 requires that symbols allotted to a recognized party should be frozen and preserved during a split until the Election Commission or a court resolves the matter. In Shirur and Baramati, the emergence of a new symbol without clear guidance on symbol preservation for the different factions within the NCP may have contributed to voter confusion. This confusion was exacerbated in Baramati by the presence of an independent candidate using a symbol similar to the tutari, further complicating the electoral landscape and potentially violating the spirit of symbol reservation and allotment rules.

Furthermore, this allocation reflects a misclassification under Paragraphs 5 and 6, which distinguish between “reserved” and “free” symbols. Reserved symbols are meant to preserve the unique identity of recognized political parties in the electoral process. By permitting an independent candidate to use a symbol so similar to that of a recognized party, the ECI blurred this critical distinction, diluting the party’s identity and confusing the electorate, thereby undermining the intended purpose of these provisions.

Article 324 of the Indian Constitution vests the ECI with the responsibility to ensure free and fair elections. The alleged deliberate allocation of similar symbols to cause voter confusion stands in stark contrast to the mandate of Article 324. The ECI’s primary role is to maintain the integrity of the electoral process, and actions that compromise this integrity violate the spirit of this constitutional provision.

Section 123(2) of the Representation of the People Act, 1951[7] defines corrupt practices, including undue influence. The allocation of similar symbols can be perceived as a tactic to confuse voters, constituting undue influence. The significant number of votes that went to the independent candidate with the similar symbol in various constituencies, as cited by NCP leader Jayant Patil, suggests that voters were misled. This misdirection of votes not only affects the fairness of the election but also undermines the democratic process.

This act also contravenes the Conduct of Elections Rules, 1961[8], specifically Rules 5 and 10, which empower the ECI to specify, reserve, and allot election symbols. These rules are intended to ensure clarity and fairness in the symbol allocation process, preventing voter confusion and guaranteeing that each candidate is distinctly represented by their symbol. By disregarding these rules and allowing symbols that are strikingly similar, the ECI undermined the fundamental purpose of these provisions, leading to a compromised electoral process where voters were misled, thus failing to uphold the principles of fair and transparent elections.

The election symbols, did the exact opposite of what they were supposed to do: they created more confusion, which led to people voting for the opposite party.

Free and Fair Elections: The cornerstone of democracy

Free and fair elections are the bedrock of any democratic system. They ensure that the will of the people is accurately reflected in the composition of the government. The sanctity of elections is protected by laws and regulations that seek to prevent any undue influence or manipulation. The Supreme Court of India, in the case of People’s Union for Civil Liberties (PUCL) vs. Union of India[9], reinforced this principle by holding that democracy is a part of the basic structure of our Constitution and that free and fair elections are integral to this structure. The court emphasized that any action undermining the fairness of elections would be detrimental to the democratic framework of the country.

The Model Code of Conduct (MCC) is a set of guidelines issued by the ECI to regulate political parties and candidates prior to elections. It aims to ensure that elections are conducted in a free and fair manner and that no party or candidate gains an unfair advantage. However, the conduct of ECI in the Maharastra constituencies suggest a blatant violation of the MCC by the commission itself. By allowing similar symbols and confusing symbols to be allocated, the ECI has failed to uphold the principles of the MCC, which it is mandated to enforce.

In Union of India vs. Association for Democratic Reforms[10], the Supreme Court reiterated that the rule of law and the right to free and fair elections are basic features of democracy. The court stressed that electoral malpractices and undue influence over voters must be prevented to preserve the integrity of the electoral process. The actions of the ECI in the Satara case seem to contradict this judicial mandate by creating a scenario where voter confusion was inevitable.

The Broader Implications

The integrity of the electoral process hinges on the trust of the electorate. When voters are presented with symbols that are similar or are confusing, their confidence in the system’s fairness is undermined.

The confusion caused by the allocation of a “man blowing a tutari” symbol to the NCP candidate and a “tutari” symbol to an independent candidate in Satara likely led to voters being unable to accurately distinguish between the candidates. This not only happened in Satara but four other constituencies. This misallocation of votes can result in feelings of disenfranchisement and suspicion towards the electoral authorities, thereby eroding trust. When voters perceive the electoral process as flawed or manipulated, their willingness to participate in future elections diminishes, which is detrimental to the functioning of a healthy democracy. Ensuring that every vote accurately reflects the voter’s intent is crucial for maintaining public trust and upholding the legitimacy of elected officials.

The implications of the ECI’s actions extend beyond this single instance. If the issue of (deliberately allocated) similar symbols is not addressed, and that too soon, it establishes a dangerous precedent that could be exploited in future elections.

Other political entities may adopt similar strategies, deliberately selecting symbols that closely resemble those of their opponents to confuse voters and split votes. This tactic could become a pervasive form of electoral manipulation, complicating the voting process and increasing the incidence of contested elections. Such practices not only disrupt the immediate electoral outcomes but also contribute to a longer-term degradation of electoral integrity. Over time, if such practices are not curbed, the overall credibility of the electoral system may be compromised, leading to widespread disillusionment and disengagement among voters.

The Maharashtra cases underscores a critical need for more precise regulations regarding the allocation of election symbols. The ECI must take proactive steps to ensure that symbols assigned to candidates are distinct and easily distinguishable to prevent any confusion among voters. This could involve revising the criteria for symbol allocation and implementing stricter guidelines to avoid any overlap or similarity between symbols. Furthermore, enhanced scrutiny during the symbol allocation process could help identify and rectify potential issues before they impact the election.

Clearer regulations would also empower candidates and political parties to raise objections more effectively when they believe that the assigned symbols are likely to cause confusion. By setting and enforcing stringent guidelines, the ECI can safeguard the electoral process, ensuring that voters can make informed decisions without ambiguity. This approach would help maintain the clarity and transparency essential for free and fair elections, reinforcing the democratic principles on which the electoral system is based.

Conclusion: Upholding democratic integrity

To uphold democratic integrity, it is imperative for the ECI to implement stricter regulations and more robust guidelines regarding the allocation of election symbols. Symbols must be distinct and easily distinguishable to prevent any possibility of voter confusion. Additionally, the ECI must engage in proactive voter education campaigns, especially when there are significant changes in party symbols due to political realignments. Voters need to be clearly informed about these changes to ensure that they can make informed decisions at the ballot box.

Ensuring the clarity and transparency of the electoral process is essential for maintaining public trust in democracy. The voters’ confidence that their votes will be correctly attributed to their chosen candidates is fundamental to the legitimacy of elected officials and the overall functioning of a democratic system. By addressing the issues highlighted in Maharashtra’s 2024 elections, the ECI can reinforce this trust and safeguard the democratic framework of the country.

In conclusion, the ECI needs to immediately take decisive action to rectify the symbol allocation process and prevent future electoral confusion. Upholding the principles of free and fair elections is not just a constitutional mandate but a moral imperative to preserve the integrity of India’s democracy. By ensuring that every vote is accurately counted and reflects the true intent of the voter, the ECI can uphold the sanctity of the electoral process and maintain the foundation of a robust democratic society.

[1] https://www.thehindu.com/news/cities/Delhi/similar-poll-symbols-led-to-skewed-results-ncp sp/article68260814.ece

[2] Maharashtra: Similar poll symbols led to defeat in Satara, says NCP(SP) (scroll.in)

[3] https://indianexpress.com/article/cities/pune/maharashtra-dindori-unknown-candidate-garnered-99000-votes-9371782/

[4] https://scroll.in/article/1068006/bow-and-arrow-or-torch-in-maharashtra-confusion-over-new-election-symbols-may-help-bjp-allies

[5] https://scroll.in/article/1068006/bow-and-arrow-or-torch-in-maharashtra-confusion-over-new-election-symbols-may-help-bjp-allies

[6]https://upload.indiacode.nic.in/showfile?actid=AC_CEN_3_81_00001_195143_1517807327542&type=order&filename=Election%20Symbol%20Order,%201968.pdf

[7] https://www.indiacode.nic.in/bitstream/123456789/2096/5/a1951-43.pdf

[8] https://old.eci.gov.in/files/file/15145-the-conduct-of-elections-rules-1961/

[9] People’s Union for Civil Liberties (PUCL) vs. Union of India, (2003) 2 S.C.R. 1136

[10] Union of India vs. Association for Democratic Reforms (2002) 5 SCC 294

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From counting of votes by the rule book to respecting the mandate of the people, transparency and integrity is key: People’s Organisations, Delhi.

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The post M’tra: Similar Symbols, a failed ECI and seats lost: the case of Satara appeared first on SabrangIndia.

It was a quite significant event for the city and about 500 people attended, all with banners of their respective organizations. Significant because of the prevailing atmosphere of terror and caution in the state where for any public event indoor or outdoor the police require prior information and formal permission. While some fearless young groups have come from distant small towns to join the rally at very short notice, in some of the bigger towns the response was very cautious and almost hushed with terror.The people I had phoned about it in advance appeared quite cagey and even timid though earlier they had been enthusiastic.

Hardly a wonder since the police had arrested and jailed for a couple of months a young college girl for writing a poem on social media where there were a couple of lines about joining a revolutionary group. In another case a university professor was publicly named and threatened with consequences for commenting on the Chief Minister’s unseemly remarks on a public intellectual.(Yours truly to be specific).And a minister who is known to be close to the CM had threatened the editors of leading papers against carrying news on our rally on the first page. A well-known local liberal daily obeyed and downplayed the rally on page 5 and reduced the protest to inanities. Another mass circulation paper had it on the front page but watered down the content of the message to avoid the wrath of the authorities.

Despite this unofficial but quite menacing censorship, we have made it a practice only to send information to the police whenever we hold our meetings etc indoors or in enclosed areas and seeking permission only for processions and other demonstrations and protests etc.on public roads.

The meeting was addressed by 93 year old well-known CPI(M) leader and former General Secretary of the party Hemen Das, senior Congress leade Jatin Sarma, Munin Mahanta ex General Secretary of CPI State unit of of Assam,Jiyaur Rahman of Asom Jatiya Parishad,sitting Rajya Sabha member Ajit Bhuyan,TMC leader former Congress MP Ripun Bora, Akhil Gogoi of Raijor Dal,Manoranjan Talukdar CPI(M) MLA from Sarbhog,Bibek Das of CPI(ML),Bidyut Saikia of KMSS,Birinchi Bora,Pranab Daley, of socio-cultural groups from Nagaon and Bokakhat respectively.Moina Goswami from Mirzah,and leaders of two indigenous Muslim groups said they did not wish to speak as it was very late but they supported us to the hilt.Two women delegates spoke forcefully on the need to take the message to the villages.Senior politician Jagadish Bhuyan active in regional politics and Abdul Mannan a highly regarded minority leader and Pranab Goswami who represented a faction of AGP not happy with AGP alignment with BJP were in attendance.

These by the way are well-known people active in public life of the state. Sitanath Lahkar veteran stage artist and playwright presented a moving choric song to a folk melody,S oneswar Narah of Jeepal Sangskritik Goshthi presented a rousing protest song with his group.

Due to the number of organizations attending there were some hassles in the packed programme. The refreshments arrived too late and in rather poor shape when half of the delegates had left. But there were still about 300 delegates around.Two members from rival groups who were with the BJP sat through silently, and we left them undisturbed. Inspite of the hassles the programme was a reasonable success. Prominent TV Channels gave it good coverage somewhat tempering poor press response.

All the speakers in one voice condemned the CAA which went against the basic secular character of the Indian state by defining citizenship in terms of religious identity and posed an existential threat to the small Assamese nationality by allowing a huge influx of Bangladeshi Hindus of whom more than one crore still remain there. So far content under Sheikh Hasina’s rule they might face tremendous pressure if ever Sheikh Hasina loses power and decide to emigrate. If Mamata Banerjee sets her mind resolutely against CAA they are likely to pour into Assam and Tripura.

Metropolitan civil society groups are generally unsympathetic to the Assamese apprehensions and thoughtlessly trace them to inherent chauvinism. While some elements might be prone to chauvinism it will be most unfair to deny the Assamese a hearing. Most of the parties joining the protest can hardly be called Assamese chauvinsts! Congress and CPI(M) have been active in this movement since 2016.Now that Home Minister Amit Shah has grimly threatened to frame rules and implement it before elections, tempers are running high in Assam and BJP rulers have tightened the screw on public opinion in response.

In 2019 it had been the flare-up on this cause that had the government nearly at its wit’s end. Until the AASU the ostensible leaders of the Anti-CAA movement deliberated and planfully delayed action and let it run out of steam by wasting several months in songs, poetry recital and high-flown patriotic rhetoric by celebrated musicians and actors at a playground from morning to evening. Later all of them brazenly turned tails, joined BJP bandwagon and sang paeans of praise to Himanta Biswa Sarma. Senior AASU leaders quitletly folded up their tents and followed suit. The public stood dazed and deeply frustrated ever since sceptical of such movements.

But the resentment against CAA and BJP run deep and in private they both condemn AASU for betrayal and the BJP for this crisis and express fears at the impending crisis.But BJP’s present line is that the threat from Muslims( called Moguls to heighten alienness and threat) is much graver and the Assamese Hindus need more Bengali Hindus to unite against them!!

Himanta Biswa has been from the beginning of his term as Chief Minister railing against ‘the Moguls’ in season and out, carrying out measures designed to demonize and upset the immigrant Muslims and striking inner panic among the several lakhs of indigenous Muslims who at times capitulate to the rulers.

However now that elections are close both in Delhi and in Dispur for the present the clangor against Muslims is deliberately muted and quietly and suddenly too. There are showers of unexpected gifts and benefits on all regions where Muslims preponderance, charming even canny politicians like Farouque Abdullah and drowning suspicions. Armed sannyasis threatening to exterminate all Muslims have fallen silent on cue and Bajrang Dal has stopped their menacing parades. The massive BJP election machine is running at top gear leaving all its lesser comrades behind. BJP can adapt its tactics to the need of fast changing circumstances leaving other parties lagging. But Congress has lately shown signs of energy sewing up rifts in the alliance. One hopes it will show more adaptability and tactical skill to match BJP’s known strategy.

The adaptability and flexibility of the BJP owe a lot to its ability to play the game of power. It enters readily into a dialogue with lesser entities of the state, which is called ‘consultation’ in the Constitution and which is a vital organ of the federalism of Indian polity. Congress is so far less adept and more rigid.But it is far more serious in playing by the rules while BJP makes no bones in changing rules as it gets along, eventually ditching the rules and swallowing whole the smaller entity while Congress shows genuine respect to the other party in the dialogue. Because for BJP the end is total power which is against letter and spirit of our Constitution.

Still the reluctance to enter the game and the delay in joining it cost the nation a lot. Consider the impasse in Manipur. For decades Congress govts did not care to cast a glance at the utter lack of economic development until the main ethnic group there the Meitei took to violence and shot down or drove away many mainland Indians. Even then the response was not an attempt to start a dialogue but launch brutal military repression. One hopes readers will recall hundreds of naked Manipuri women taking to the streets with banners displaying desperate messages like ‘Indian Army rape us!’ The militancy died down but BJP pounced upon the opportunity left by vacuum and promoted chauvinistic Manipuri trends until the situation had led to massacre of the Kukis. The story was repeated in Assam, where too it gave BJP a chance to co-opt a major section of the Assamese middle-class.It happened in Punjab where the fallout of the Green Revolution leading to widespread farmer distress had been persistently ignored by Congress until it overwhelmed the latter in terrorist upsurge. It is all very well to blame the Meitei. But they had to bear the full brunt of the economic stagnation for decades. All because of a growing monologic viewpoint at the Centre. One fervently hopes the vital lesson is being learnt and digested in the parleys for seat-sharing.

What has all this to do with the meeting mentioned at length in the beginning? Quite a lot in fact.

I have had the dubious privilege of leading two-three delegations of civil society groups to New Delhi to meet the Prime Minister and the President in an effort to bring to their notice the administrative chaos, serious military atrocities unrestrained by any sound policy in Assam in the late nineties in the name of suppression of terrorism. On both the occasions we had been given a cold brush-off by the Home Ministers, but we succeeded in convincing the Prime Ministers concerned Narasimha Rao and Dr Manmohan Singh and on one occasion made President Dr Shankar Dayal Sharma to stand up in alarm by showing him photographic evidence of army atrocities in Assam.(It may be added that even the top. brass of the army corps had appreciated my resolute opposition to the militant group ULFA for atrocities on its part.)

Filled with relief and exultation we held packed press conferences next day. And on both the occasions we came down with a thud to the earth the day after to find that except in The Hindu there was not even a faint trace of the press conferences! Senior journalist Kuldeep Nayar pitying called us “babes in the wood” for expecting the contrary. We learnt the lesson that even in the vaunted democracy freedom of expression had set and congealed limits. The plight of the Assamese folks did not deserve a hearing. Teach the bastards a lesson.

Only people like Kuldeep Nayar and Swami Agnivesh tried sincerely and patiently to revive the dialogue so essential to the working of federal state. The BJP which in the words of A.B.Vajpeyee had been ‘a political untouchable’ took full advantage of this deadlock and got deeply entrenched in Assamese society. One can see the results not only in the massacre at Nellie but also in the present Assam government’s dreadful crusade in words and through coercive legal measures to demonize and terrorise the ‘Miyan Muslims’.

To resume and conclude as briefly as possible, the two-pronged campaigns by corporate capital sucking up the entire financial resources of the country and fast depleting natural resources of regions, and RSS led political forces including party subverting regional politics with a view to building eventually an homogenous uniform centrally directed political organ are proceeding according to plan in the Northeast. Both aim at decimating regional identities by befriending and assimilating elements of local resistance and alienating them from their own historical lineage.

With such aims both are working overtime to make local groups oblivious of the looming dangers. First the loose unity of interest and some co-operation among is being broken up by promoting mutual exchange, alliance and co-operation completely and promoting internecine conflict as well as maniacal celebration of the native pristine culture of each of these separately. So that the grand unity of Bharatavarsh may sweep up each separately and easily. Hindi and Hindu are to be sole welding instruments.

Now we have to concentrate on the impact the new economy and ahem! the ‘reformed politics’ out to reshape the state have on lesser entities in the country. In Assam for example investments by the state and corporates are on building huge infrastructure like four and six-lane roads,bridges and tunnels under the main river, leveling hills and clearing large forests. The common man here looks on bewildered as these have little relevance to his way of life and vocation. He automatically joins the garrulous Chief Minister ,now given to issuing solemn Modi-like messages three four times a day,in cheering all this bustling enterprise as the mystic ‘Vikash’.

But tens of lakhs of former farmers and small businessmen are being recruited as idlers living on government doles as ‘beneficiaries’ without a clue to their future. Thousands of educated youths join ranks of the unemployed every year. One dreads thinking of a future when these smugly happy millions are suddenly cut off from doles and thrown out onto the streets. Their only recourse will be to sell off the last vestiges of their small property, especially in land to corporate capital and melt into the nameless precariat(a term popularized by Tomas Picketty). Clearly the aim of Corporate monopolies is to use Assam as conduit for draining the resources of the vast hinterland of Southeast Asia and investing huge finance and advanced technology in ‘developing’ that region.

The small local communities of Northeast are to be reduced to the role of paid entertainers dancing Bihu and Satriya dances and serving other touristy needs. There will after all be an enormous flux of transit passengers and salesmen. One hopes that will not include flesh trade in hapless local girls ensnared by furious commercial propaganda about beauty contests and modeling.

So much for Vikash. To sum it up in one sentence the design is to rob local citizens minus the supine camp-followers of all agency and turning them into tools. This nefarious design has worked elsewhere in the world. The other part of the nefarious design is to keep diverse regional communities continually shaken by suspicion and strife against one another promoted from the centre. The immediate objective seems to be driving the wedge between the Ahoms who have already largely become fascinated by their old and now defunct tribal rites and lore and alienated from their links with the greater Assamese society forged over centuries of co-existence and assimilation. The end in view is an Ahom State or at least an Ahom territorial region, anti-Assamese but aligned to Brahminical North Indian Hindu interests.

Already a 150 ft high satue of Lachit Barphukan,the 17th century Ahom general who had defeated a Mughal invading army and stemmed the tidal surge of that empire in the Northeast, is ready for inauguration by the Prime Minister in March. So far Lachit has been an icon for the entire freedom loving Assamese people. He now has been co-opted into the RSS pantheon using an old tried and tested formula.

Only States in the South have become aware and deeply suspicious of the homogenising design and become active against it.Only word of caution to them from my side is that their project should not stray into chauvinism, but should aim at a united fight to restore federalism.

Congress also has some hard lessons to swallow. The redeeming factor is that it is used to recognizing difference, though nowadays rather mechanically. The real solution is to energetically revive the federal state into vibrant,viable form. The demand of the hour is to abjure its dangerous hegemonic ambitions and adjust to a really progressive role. Congress workers too are to be re-educated to abandon dreams of unimaginable pelf and power and accept this progressive, creative role. To invoke Gandhi’s cosy relations with the Birlas and the Bajaz family in order to justify a renewed friendship with corporates and foreign capital will be a betrayal of people’s trust, the easiest but essentially treacherous alternative.

To wrap it up with a reversion to perception of metropolitan media posing as ‘national fora’,
the latter blithely ignores the simmering resentment of true Assamese national community in their surviving remnants(AASU and AGP having already capitulated to the saffron hegemon) against CAA. Fortunately the Opposition has this time solidly and unitedly backed the Assamese regional entity. The rally and the meeting actually sealed opposition support to this surviving bloc.

The so-called national media have always chosen to look away and obstinately paint this genuine resistance as cussed Assamese chauvinism. Unfortunately the possibility of millions of Bengali Hindus joining their ranks from across the border has kept Bengali resistance against the mother of CAA rather mute and subdued in Assam. The blackout of such news in the so-called national media,as in the section of the press mentioned in the beginning actually is a gross instance of such skewed perception and thinking.

Hiren Gohain is a political commentator

Courtesy: Counter Current

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The Jammu and Kashmir High Court quashed a detention order passed in February against an NCP member while he still under arrest. The court held that the activities that were made the basis for detention are regular activities of a politician in a democracy

The petition was filed by the detenu, Ali Mohammad Sagar, a member of the National Conference Party, who was arrested on August 6, 2019 under sections 107 [Security for keeping the peace in other cases] and 151 [ Arrest to prevent the commission of cognizable offence] of the CrPC and an order of detention was passed against him on February 5, under the J&K Public Safety Act.

The detention order has been challenged on the grounds that it is unconstitutional, illegal and bad in law; lacks subjective satisfaction and is based on mere apprehension. The counsel for the petitioner, Shuja-ul-Haq pointed out that that the detention order was passed while disregarding the fact that the detenu was already in custody at that time and the detention order is liable to be quashed since there is no mention of any cogent and compelling reasons justifying the detention.

The respondents, on behalf of the detaining authority contended that it was found necessary to detain the detenu to prevent him from acting in a manner prejudicial to the maintenance of public order. The respondents further mentioned that the detention order gives cogent reasons wherein the detenu’s July 2019 address is mentioned. In his address, the detenu had allegedly stated that if Article 370 & 35 (A) are abrogated he will unite and raise voice against Union of India and asked party workers to inform the youth of Khanyar Constituency to be ready for mass agitation if Article 370 is revoked. The detention order based on the ground that the detenu has been very vocal against abolishing of Article 370 and 35(A) of Constitution of India and also against bifurcation of erstwhile J&K State. The order also points out that the detenu was able to convince your electorate to come out and vote in huge numbers even during peak militancy and poll boycotts.

The single judge bench of Justice Sindhu Sharma held that the grounds relied upon in the detention order are in fact normal activities of a politician in a democracy. The court stated that his opposition to the abrogation of Articles-370 & 35(A) of the Constitution of India is not something new, and opined that the grounds of detention are rather fragile and do not justify his detention. Reliance was placed on a case decided by the apex court, Mohd. Yousuf Rather vs. State of Jammu and Kashmir and others, (AIR 1979 SC 1925), whereby the detenu was alleged to be a Naxalite and the court had held that a detenu has two rights under Article 22(5) of the Indian Constitution; a.) to be informed, as soon as may be, of the grounds on which the order of detention is based and b.) to be afforded the earliest opportunity of making a representation against the order of detention. The court held thus,

The inclusion of an irrelevant or non- existent ground among other relevant grounds is an infringement of the first of the rights and the inclusion of an obscure or vague ground among other clear and definite grounds is an infringement of the second of the rights. In either case there is an invasion of the Constitutional rights of the detenu entitling him to approach the Court for relief.

The High Court held that the detention was also bad in law because the detenue was already under arrest when the detention order was passed and there is nothing on record to show that the detaining authority was aware of the fact or that the detenu was likely to be released. Reliance was placed on another apex court judgment in Vijay Kumar vs. Union of India & ors. (AIR 1988 SC 934) whereby the court had held that in absence of compelling reasons as follows would make the detention illegal:            

“(i) awareness of the detaining authority of the fact that the detenu is already in detention and

(ii) there must be compelling reasons justifying such detention, despite the fact that the detenu is already under detention.”

The court also observed that the detention order failed to mention the dates on which certain protest rallies were addressed by the detenu thus failing to prove a nexus between these rallies and the abrogation of the Articles as mentioned before.

The court held the detention order to be illegal on these grounds and quashed the same and directed that the detenu be released forthwith, provided he is not required in any other case.

The order may be read here:

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Are the Shiv Sena and the Nationalist Congress Party (NCP) headed for a collision course? After Maharashtra CM and Shiv Sena chief Uddhav Thackeray said that he had no objections with the National Investigating Agency (NIA) taking over the investigations in the Elgar Parishad case, State Home Minister and NCP member Anil Deshmukh said that Thackeray had “overruled” the NCP in doing so.

A miffed Deshmukh said, “The state agencies were investigating the Bhima-Koregaon case. But the Centre handed over the investigation to the NIA. As the home minister, my stand was that the Centre should have taken the state government into confidence before taking the decision. We were putting up our stand in the court in this direction. The chief minister has the right to overrule my stand.”

Sharad Pawar, NCP chief too expressed his unhappiness in the matter, the Hindustan Times reported. He said that while the Centre’s decision directing the NIA to take over the Elgar Parishad case was unfair, the state government’s approval to it was more unfair.

At a press conference in Kolhapur he told reporters, “Maintaining law & order is a state subject. It is unfair to encroach upon the rights of the state and Maharashtra’s support to the move is more unfair.”

This is the first decision of the chief minister that has Pawar has criticized since formation of the Maharashtra Vikas Aghadi (MVA) government — made up of Shiv Sena, NCP and Congress on November 28, 2019.

When the MVA was formed Pawar had written a letter to the CM demanding a probe in the matter by a Special Investigation Team (SIT) headed by an IPS officer. But before the state home department could do so, the Centre transferred the case to the NIA which then asked the Pune sessions court to transfer evidence and records to the special NIA court in Mumbai.

Pawar had then said that the BJP-led government had “abused” its power to book activists and academicians Sudhir Dhawale, Surendra Gadling, Sudha Bhardwaj, Mahesh Raut, Varavara Rao, Arun Ferreira, Vernon Gonsalves, Rona Wilson and Gautam Navlakha and called the arrests a conspiracy.

The Times of India reported that a bureaucrat said that when the Ministry of Home Affairs (MHA) issued its notification on January 24, the home department asked the law and judiciary department for its opinion on the same, especially keeping in mind Pawar and Deshmukh’s reservations.

The file was brought back to the CM with the department’s views and the CM upheld the same saying it had no objection with the NIA taking over the inquiry.

Violence had broken out near the Bhima-Koregaon war memorial in Pune on January 1, 2018 which Dalits visit to commemorate the participation of the Dalit Mahar soldiers who helped win the fight against the Brahmin Peshwa rulers of Pune in 1818. Post the incident, the Pune police had filed cases against activists for delivering speeches there and allegedly inciting violence, while also claiming that the organizers of the event had links with Maoists.

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