It was during tea with Zakia appa – where she tussled with her daughter-in-law about how many biscuits she could have – or the little meals we shared, where she would just hold my hand and stroke it, reaching out with empathy and mutual support. These are the memories that coming rushing back. It is as if we both knew and felt the enormity of the task we had jointly undertaken.

When we look back and take stock of the steely support from Tanveer bhai, Duraiappa (Durreshwar), Nargis, Najid bhai, the family and, not to forget, the dedicated team at Citizens for Justice and Peace (CJP), we couldn’t have known where it would lead – to some cracks in the otherwise hostile and unbreachable walls of accountability and justice? Or a cold rejection of a simple, hitherto unique plea –acknowledgement of the role of state actors as a murderous mob roamed unchecked for days?

February 28, 2002

I had first walked in alone into the charred remains of the Gulbarg society on March 4, 2002, armed with a small tape recorder and a notebook. Shards of broken glass bottles, tiny vials and their lids dotted the ground as I trudged across the eerie expanse where embers still burned.

No fire-brigade had come to its aid either on February 28 or at any point since then. I made my way to house number 19, Ahsan Jafri’s iconic home, heavy with the knowledge of what we knew until then of the man, his family, neighbours and his brutal death.

The home was no home any more, reduced to a haunting shell. It was bleak. Walls blackened with soot of the intense burning caused by flung gas cylinders. Fans gutted, gnarled and twisted. Miraculously, I found a signed postcard stamped with Jafri Sahab’s name, a diya-swastika and ‘Happy Diwali’ message written on it, on the stairwell – my precious memento of that first of dozens of visits.

A purple-pink bougainvillea that still lends defiant colour to the sombre ruins hung that day with barely surviving leaves and some overhanging blossoms. It had survived hours of mass arson. How could the flowers live on after the hell of February 28, 2002, I remember asking myself in some bewilderment.

Ironically, Zakia appa had spent that night of February 28 in the premises of the Shahibaug police station barely two kms away from the Gulbarg society in Chamanpura. She was alone. Only the next day was she shifted to the home of some distant relatives where she met her son Tanveer Jafri two days later.

Chamanpura falls under the Meghaninagar police station. Traumatised and shaken by the events that she witnessed from the terrace of her home, she was unable to sleep, full of anguished questions to which she had to find answers. Zakia appa has recounted that night to me several times over the years.  She had spent the night haunted by cries and screams of a gory bloodshed – in the midst of the very same force who she saw had let her people down.

Eighty-six years, the day before yesterday, when she left us, Zakia appa was 63 in 2002, no age to hear the cries she did, no age to witness what her eyes could not turn away from. Over 69 persons were killed in cold blood that day as a 15,000-strong mob began attacking residents at 11 in the morning. No police help arrived till 6 pm.

Late that night, in the precincts of the Shahibaug police lines, she found several policemen present in their homes on the compound. Perplexed, her simple query to them was, “Why did you not come to my husband, my society, our neighbour’s rescue beta? We made so many calls” she asked. “We were given the day off,” one police officer casually replied.

This reply by one of them has gnawed at her, since. On June 18, 2009, six years later, she recounted this to the Special Investigation Team (SIT) appointed by the Supreme Court. In her official statement, she said “…No police turned up and the police came only at six in the evening and I was taken to Shahibaug police line. I saw that the police staff were present at home. They told me that they were not called for duty today (that day).”

Who was Ahsan Jafri?

Zakia appa’s husband of several decades, father of their three children, Tanveer, Nargis and Zubair had been the sole target of the mob. He was 72 when he was killed. Formerly with the Communist Party of India (CPI), he was later the city chief of the Indian National Congress in Ahmedabad, and a formerly elected member of parliament. Ahsan Jafri was a lawyer, thinker and poet.

If the ‘Happy Diwali’ postcard I had found offered a glimpse of the man – whose name soars above and beyond the hatred that was unleashed on the streets of Gujarat in 2002 – then Zakia appa’s moistened eyes, quivering smile and warm hands, Tanveer’s stoic clarity amidst pain and Nargis’ powerful articulations over two decades have actualised Jafri’s inviolable moral core and persona. In the Jafris’ resolve to calmly demand accountability from the high and mighty, Zakia appa, Tanveer and Nargis have always echoed Ahsan sahab’s deeply ingrained beliefs, his credo.

I first met Tanveer through his uncle in early March 2002. It had been Tanveer’s task to hold and help his mother heal even as he went back to Gulbarg society, his childhood home, around March 4. He had rushed to Ahmedabad from Surat where he resided. It was Tanveer who lovingly collected the remains of Ahsan sahab from outside their home, more from the Civil Hospital, Ahmedabad and laid his father to some peace and rest.

Zakia appa now lies there with her husband, friend and guide, after she had come as a young bride to Ahmedabad from Burhanpur, Madhya Pradesh. Though there had been nothing peaceful about Jafri’s passing. The utterly stoic and adamant refusal of the Jafris to let go of their belief in the India that Ahsan sahab lived and died for, is special and rare.

Zakia appa and the Jafris turned their back on any bitterness born out of the realisation that even their neighbours had joined the mob on February 28. This is what made Zakia appa stand out with her children, as the stellar human rights defender she was.

She inspired millions, including us, and if there is some consolation today, 22 years after the massacre, it lies in the fact that a complicit media has had no choice but to reflect this in the coverage of her demise. For me personally, as a fellow human rights worker who has stood by the Jafri’s through every legal battle since February 28, 2002 – notwithstanding what it cost me personally and our team at CJP – it has been a rare privilege to embark on this unique journey.

Quiet dignity

Zakia appa had been a young mother, and Tanveer just six years of age, in September 1969, when Gujarat experienced the worst communal violence that the country had seen since Partition. Ahmedabad was the most acutely affected epicentre of the statewide violence.

A vast majority of the nearly 500 persons killed then were also Muslims. Ahsan Jafri lived in Dr Gandhini chawl, a tenement near Gulbarg society with his parents and family. He had already registered the Gulbarg society earlier in 1961 and it was under construction.

As the violence spread, young Tanveer watched in horror as Aiyub bhai’s shop was burned down. Why was this happening, they asked? Soon, there was no time for more questions, they just had to flee. Returning home in panic, Jafri sahab guided his family as they ran two-and-a-half kms down a railway track – the Asarva Udaipur railway line – past the rail crossing. There, some SRP vans came to their rescue and they were taken inside the Relief Camp located inside the police stadium at the same Shahibaug location where Zakia appa was to spend that fateful night of February 28, 2002, 33 years later.

Tanveer remembers playing out in the open and queuing up for tea which they drank in brightly coloured plastic glasses, a novelty at the time. “We lived there for a month, then for another month inside Ubair Shaikh’s Dunlop agency-cycle shop and after that moved into the barely constructed House No. 19 of Gulbarg society. There were no doors and windows, we used sheets to cover sight and sound. Despite this displacement and tragedy, even the fact that all our belongings had been burned and destroyed, Abba just did not let this mean anything to us, did not allow this loss to eat at us,” Tanveer recalls.

“How we lived, how he lived (Ahsan sahab) after the 1969 displacement, is how we have tried to regroup ourselves and live after the unforgettable tragedy of 2002,” says Tanveer. “Dangai hamaaree soch nahin badal sakte hai. Agar aisa hoga to dangaeeon kee jeet hai. Hamaara nuksaan hamen badal nahin sakta. (Rioters cannot change our way of thinking. If that happens, they win. Our losses cannot change us.) They cannot change our choices, the way we are or how we we think. It is this conviction that has ensured that the tragedy of 2002 does not change us,” he adds.

This profound resolve and dignity in the face of unspeakable loss is what epitomises Zakia appa and her family. It is this dignity that she brought to her battle for justice and accountability.

22 years in grief

Zakia appa lived for 22 years after her husband’s brutal killing in deep personal grief, battling sleepless nights and guilt – the guilt of surviving. Her beloved Ahsan sahab had sent her to the top storey of her home to safety, where dozens with her were saved, while many others perished. Those who stood by Ahsan till he finally gave himself up to the mob, just after he said his last prayer, were witness to his calm fortitude, his determined and desperate efforts to make calls (including to the high and mighty) and even his willingness to offer himself to the mob if other lives could be saved.

For the blood-thirsty and determined mob, that was not to be. Apart from the particularly brute way of his killing, young women were subject to gendered violence. To repeat, 69 persons lost their lives at just one location in Gujarat that day. The total number of the post Godhra killings – if we peruse official charge sheets – is close to 2,000.

Zakia appa’s guilt of being alive is evident in an unrelated incident that Nargis recounted in a letter, ‘Bless Us Abba’, in 2016.

“Ammi is never tired of recounting the incident when in the bedroom of your old house while you were sleeping, the small kerosene lamp on the side of the bed fell off and the curtain caught fire. You were sleeping on the side of the fire and Ammi was next to you. As the heat woke you up and you saw the fire, instead of jumping out of the bed immediately, you first woke Ammi up and asked her to get to safety. But when she woke up and saw the fire, she thinks she quickly jumped out of bed and ran to the door without even knowing where you were or what you were trying to tell her. It is more than 40 years since, but she still remembers and regrets that incident and feels guilty of putting herself first that day and not grabbing your hand as she ran to the door.”

I met Nargis for the first time in 2002 in the United States, as I deposed before the International Commission on Religious Freedom. I had that copy of Communalism Combat with me, a testimony of all the eye-witness accounts and FIRs. With swollen eyes, this young woman had only one question to ask me, was the killing of her darling Abba as brutal as she had heard? Lowering my head in shame, I half shook, half nodded, trying to conceal both the documents and facts. It was not to be.

Bearing witness carries an unbearable load. I have often wondered, even as Nargis and I spoke, laughed and squabbled over the years, “Has she ever forgiven me?”

On Saturday (February 1), as I stood inside Saraspur Roza in Ahmedabad, Nargis said, as she held my hand, “She is free now, my Ma. Free of the pain.” Then together we cried.

Journey for justice

Mass media, especially one that has become fearful and complicit, is selective in its coverage and often responsible for erasure of history. But Zakia Appa and Ahsan sahab’s sheer moral worth and the grit of her battle just could not be ignored. This is evidenced from the vast coverage of her demise. But what of the fact that the same coverage is de-fanged and de-contextualised? Especially when it chooses to ignore the venality of the state and the attempted decimation of a principled legal battle. From the start, attempts were made to dilute and erase the scale of the violence, not just across Gujarat after Godhra in 2002, but especially the targeted violence at the Gulberg Society and against Ahsan Jafri on February 28, 2002.

The journey for justice and accountability for the survivors of 2002 has seen its up and downs and as I take stock two days after Zakia appa left us, I wonder if  the glass half empty or half full? Was it all worth it? In all, we, at CJP,  collectively managed 172 convictions, 124 to life imprisonment. Never mind that higher courts often reversed decisions. On principle, we stood against death penalty.

Evidence of state complicity, absence of fire brigades and police response, documentary evidence on intelligence and police control records, was ignored by investigating agencies, and unfortunately, even our courts. Yet, the exemplary efforts put in by our band of dedicated human rights workers and lawyers, we managed to put all this substantive investigations on public record, all this evidence for history to judge.

While the Zakia Jafri case has seen its end, the trial in the Gulbarg society massacre is pending appeal in the Gujarat high court. On June 17, 2016, the trial court judge had convicted 11 persons to life while 13 other accused received sentences up to ten years. All charges of conspiracy were rejected, as was the evidence of three police witnesses, fire brigade records and those from the police control room. As Tanveer, in his own special way says it, “Victory in the courts is only half the story. In the annals of people’s recall and history, that we fought, that Ahsan sahab and Zakia appa are an inspiration to millions, that our collective battle has given others the confidence to fight; that we could through CJP put all this wealth of evidentiary material on record, that is our victory.”

In sum, as I said in tribute to Zakia appa, the day before yesterday, “You graced the courts, our homes and hearts. You did so with unwavering fortitude. Theirs is the loss who could not recognise the scale and magnitude of the loss for just what it was.” For the Jaffris and us, at CJP, who handed over 68 cases concerning the Gujarat carnage, despite all efforts, the state has never fully succeeded in curtailing some substantive successes of the wider battle.

As a footnote, I would like to record here what Zakia Appa, Tanveer, and I often discussed over the years: how high the costs have been, especially for some. For us at CJP, the stellar legal aid provided by our teams epitomises a constitutional right under Article 39-A, and at significant cost, we undertook this battle. Our trustees stood in staunch support. Alongside a committed group of High Court and Supreme Court counsel, we owe a special debt to advocate Suhel Tirmizi of the Gujarat High Court. His sacrifice, commitment, and services were invaluable – not only in being the guiding force behind setting up multiple legal teams of senior and junior lawyers to handle various trials, but specifically in the Zakia Jafri case. From 2006 to 2011, when the case first reached the Supreme Court, his contribution has been immense, and the personal costs he paid, heavy. We pay our tributes to him. There are too many lawyers – at the trial court, High Court, and Supreme Court – to mention here, but their efforts have been equally vital.

I end with this powerful poem penned by Farahdeen Khan and sent to be my dear friend Rukmini, who recognised how personal this loss was for me.

The Betrayal of Fire

She stood, a woman forged in the furnace of grief,

a widow not of one, but of a thousand souls,

each name etched in ash, in silence, in the acrid smoke

that curled from the pyres of justice undone.

Zakia, they left you among ruins, among bones

that the earth itself shuddered to cradle.

They call this nation a mother, but what mother devours

her daughters and spits their bones to the wind?

The gavel did not fall—it was hurled,

a cudgel masquerading as law.

Each robed man who turned his back

added another brick to the mausoleum of truth.

And what of the one who stood beside her?

Teesta, shackled for daring to bear witness,

for daring to say what history chokes on,

for dragging the carcass of conscience into the light.

What price for remembrance, for defiance?

A cell, a charge, a silence enforced—

For in this land, to fight for the fallen

is to fall yourself, and fall alone.

Tell me, you who avert your gaze—

what use is your silk, your scented wealth,

when the very soil beneath your feet

stinks of the unburied dead?

You recoil now, do you not?

Once, you drank with me, laughed with me,

shared in the hollow spoils of comfort.

But truth is a bitter draught, and you spit it out.

Yet I will stand, though my voice be drowned

by the thunder of cowardice and complicity.

For to be silent is to wield the knife,

to be neutral is to be an accomplice.

And so, when the reckoning comes—

not in the courts of men, but in the halls of time—

she will rise, they will rise,

and those who failed them will find no name to call their own.

Teesta Setalvad is a rights activist and journalist.

This article was first published on The Wire

The post Zakia Jaffri, with her compassion and resilience inspired millions appeared first on SabrangIndia.

It is a sign of the times when one of the nation’s most experienced and respected legal luminaries expresses lack of hope in the country’s highest court. Which is why when Senior Advocate Kapil Sibal expresses lack of faith in the Supreme Court, it should be a cause for concern.

Sibal was speaking at a People’s Tribunal organised by different civil rights groups in the Constitution Club of India, Delhi on Saturday, August 6, 2022. The Tribunal saw discussions on Judicial Rollback of Civil Liberties with special emphasis on Himanshu Kumar and Zakia Jafri Judgements of the Supreme Court.

The Tribunal’s jury comprised Justice AP Shah (Former Chief Justice, High Court of Delhi and former chairperson, Law Commission of India), Justice Anjana Prakash (Former Judge, Patna High Court), Justice Marlapalle (Former Judge, Bombay High Court), Professor Virginius Xaxa (Chair of the 2014 High Level Committee to Examine the Status of Scheduled Tribes) and Dr. Syeda Hameed (Former Member of the Planning Commission).

The final session of the tribunal was titled Judicial Assaults on Civil Liberties and the panel comprised Advocate Warisha Farasat (Supreme Court and Delhi High Court), Senior Advocate Nitya Ramakrishnan (Supreme Court of India), and Senior Advocate Kapil Sibal (Supreme Court of India). They spoke on different issues and judgements regarding how cases were dealt with on questions regarding liberty.

Senior Advocate Kapil Sibal spoke about why the Supreme Court, which should be protecting the individual rights, has been allegedly rendering judgements and orders that are antithetical to individual liberty.

“Iss saal mujhe pachaas saal ho jayenge Supreme Court mein vakalaat karte-aur pachaas saal ke baad mujhe aisa lagta hai ki mujhe iss samshta se koi umeed hai (Translation: This year, I will complete 50 years for my practice at the Supreme Court, and I think I don’t have any hope left in the institution.)” said Sibal, mincing no words.

“I have come to the conclusion that until society’s mindset changes, neither law nor society can be changed,” he added. He stated that when hate speeches were taken to the court, no material action was taken and they (the hate speeches) kept on continuing. He stated that in a society where ‘mai-baap’ culture is prevalent, no institution can be independent.

“Independence can only be there when we stand up and say that we want independence. We are not independent. This is the reality of India,” he said. He highlighted how the Special Investigation Team (SIT), which was constituted to investigate the cases of Gujarat Riots, went on to take the statements of accused on face value to close the investigation and how the Supreme Court has agreed to this kind of investigation. Sibal had represented Zakia Jafri in the Special Leave Petition (SLP) moved before the Supreme Court, which was dismissed by the court in June this year.

“Truth is that whenever sensitive matters go to court, they go before certain judges and we know the result of those cases even before the judgement comes out,” he alleged, referring to a case where a man was in jail under charges of Criminal Conspiracy (Section 120 B of the IPC), where bail was not given by the court, as he expected. “If the Supreme Court itself has given undue importance to PMLA act without recognising its penal nature,” he asked, “how will the lower courts go beyond the Supreme Court’s understanding?”

Warisha Farasat gave an overview of Supreme Court’s and different High Courts’ jurisprudence regarding civil rights and emphasised on the need to going back to the basics of constitutional rights, and the checks and balances the constitution envisaged for a smooth functioning of the state and democracy. “Political Opposition has been significantly diminished and voices of dissent from the civil society have been crushed. Naturally, in such a situation the only place where the citizen can look up to is the judiciary to uphold its rights,” she said, indicating the importance of the judiciary in the current political climate.

If courts are not cognisant of the reality of inequality power dynamic between an individual and the state, she said, justice cannot be served. “In many other judgements the Supreme Court has literally given the central government a walkover and arbitrary state action has been left unchecked,” she said. She highlighted the use of Unlawful Activities Prevention Act (UAPA) for any and every offence and the Delhi High Court’s remarks on how UAPA cannot be used in ordinary penal cases; delaying and keeping cases of constitutional importance pending like revocation of article 370, electoral bonds case, the challenged to CAA, the post 370 habeas corpus petitions – indicating that the Supreme Court seems to have taken a side.

“Again, we forget, needless to say that Habeas Corpus is the highest writ of the land and it is an important safeguard under the constitution which is given not only to citizens but also to non-citizens and to take it away and to do nothing, to delay these cases is in itself an act of omission,” said Adv. Farasat, adding, “Therefore, it appears that whenever a significant matter that truly bothers the central government is at issue, the Supreme Court seems to have done something or nothing but it seems to have caved in.”

Senior Advocate Nitya Ramakrishnan spoke about Supreme Court’s dichotomy regarding its judgements on personal liberty with changing times. “In fact, it will be seen that at times of crises, the court generally stood by the executive and other times it has been expansive about liberty and accountability,” she said. According to Adv Ramakrishnan, the law is not being applied, and courts are accepting the distortion of narratives and facts.

The jury of the people’s tribunal will release its report within a week’s time based on the arguments and documents presented during the day. The full session may be viewed here.

Related:

SIT was only ‘SIT’ting, not investigating: Kapil Sibal in Zakia Jafri SLP

Communal violence is like lava, leaving ground fertile for revenge: Kapil Sibal in Zakia Jafri SLP

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On August 6, civil society groups such as Campaign for Judicial Accountability and Reform (CJAR), People’s Union for Civil Liberties (PUCL), and National Alliance of People’s Movements (NAPM), organized a People’s Tribunal at the Constitution Club in New Delhi. Titled, People’s Tribunal: Judicial Rollback of Civil Liberties, the day-long event saw discussions with special emphasis on Himanshu Kumar and Zakia Jafri Judgements of the Supreme Court. 

The Tribunal’s jury comprised Justice AP Shah (Former CJ, High Court of Delhi and former chairperson, Law Commission of India), Justice Anjana Prakash (Former Judge, Patna High Court), Justice Marlapalle (Former Judge, Bombay High Court), Professor Virginius Xaxa (Chair of the 2014 High Level Committee to Examine the Status of Scheduled Tribes) and Dr. Syeda Hameed (Former Member of the Planning Commission). 

In the discussion regarding the Supreme Court judgment in the Zakia Jafri case, Tanvir Jafri, who is the son of Zakia Jafri and slain former Congress Member of Parliament Ehsan Jafri (who was killed during the communal violence in Gujarat in 2002), voiced his concerns about the judgment and its consequences. Other panelists in this discussion included Senior Advocate Mihir Desai (Bombay High Court) and Advocate Nizam Pasha (Supreme Court). 

Tanvir Jafri recounted how Gujarat, Gulberg Society, and his mother Zakia Jafri had seen communal riots from the late 1960s to 2002, and how Gulberg Society had always been a place of refuge at such times for the riot affected people. But all that changed on the day the society was attacked. “They set fire to the house. Those who were inside were burnt to death, those who stepped outside were attacked with knives,” said Jafri speaking about the fateful day. “My mother and about one hundred people took refuge on the higher floors and the roof, and were rescued only when the police arrived hours later, by which time my father had been killed brutally,” he said. 

Jafri is pained by the outcome of the Zakia Jafri case where his mother was the main petitioner, backed by Citizens for Justice and Peace (CJP) via its secretary Teesta Setalvad. “It is unfortunate that the petition was dismissed. What’s more shocking is how the court made remarks about police officials who were just doing their duty and the NGO that supported us. They are now in jail,” he said referring to Setalvad, who was named co-conspirator along with two whistle-blower cops – former Gujarat Director General of Police (DGP) RB Sreekumar and Sanjiv Bhatt. The First Information Report (FIR) against the trio was registered just the day after the Supreme Court, while dismissing the petition moved Zakia Jafri, observed in the 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 FIR against Setalvad quoted the same line from the judgment, thereby confirming that it was the observations of the court in the judgment that had precipitated the arrest.   

Meanwhile, Advocate Nizam Pasha spoke about how the tone of the Supreme Court was to frown upon the audacity of petitioners in the case to question the state machinery. He spoke about the incidents leading up to riots across the state of Gujarat like the distribution of weapons, hate speeches and the public procession involving bodies of those killed in the Godhra train burning incident. He pointed out how these elements were presented as a part of conspiracy by the petitioners.

According to Pasha, the court not only ignored all the evidence presented by the petitioners, but also there was no relation between the Court’s judgement and the petitioner’s arguments. “We were given answers to questions we didn’t ask, instead of answers to the ones we did ask,” he said, asking, “How does a conspiracy not become evident despite all the evidence presented?” 

Senior Advocate Mihir Desai cautioned about the fact that judgements of both Himanshu Kumar and Zakia Jafri cases have been given without any conviction or acquittal, and the people have been targeted as a result of or on the basis of judgement. He responded to the SC’s observations on how the petitioners kept the ‘pot boiling’ for 16 years by citing different instances where institutions such as National Human Rights Commission(NHRC), and the Supreme court itself, allegedly “kept the pot boiling” rather than the petitioners. 

He cited an incident where Gujarat High Court called both himself and Teesta Setalvad ‘anti-nationals’ and on appeal, the Supreme Court struck down those remarks saying that there is no basis to use such terms without even giving an opportunity to hear them. He drew a contrast between SC of 2003 when the said incident took place, and the SC of today, which made observations, against the petitioners in the Zakia Jafri Case judgment. 

“Sreekumar is not before the Supreme Court. Teesta is before the Supreme Court but Supreme Court in its para no.2 says that we are not deciding the locus of Teesta; we will treat this as an appeal only by Zakia and not by Teesta. So technically, Teesta is also not before the Supreme Court,” he said, asking, “On what basis does the Supreme Court then, which gave an order in 2003 saying that you can’t castigate people who are not present before you without giving them an opportunity of being heard as to why you are castigating them, on what basis is the SC doing it today?” 

He recalled that Zakia Jafri’s complaint was to ask the authorities to look at a larger conspiracy i.e. deliberate inaction and action by state authorities and persons in power in the administration, that allegedly allowed the violence, especially against the minority community, to continue unabated. 

Referring to Supreme Court forming the Special Investigation Team (SIT) for the investigation of some of the most important trials of the 2002 Gujarat violence, rather than let the Gujarat police continue investigating them, he added, “Even in 2008, please understand this – the Supreme Court is not trusting the Gujarat Police, the Supreme Court is not trusting the Prosecutors who are supposedly selected after advertisement and interview. The Supreme Court is not trusting anyone. Even in 2008. The pot is boiling already. Okay. We have not started boiling the pot.” It is noteworthy that the first complaint was filed by Zakia Jafri only in June 2008. He said that the SC asked the SIT to look into Zakia Jafri’s complaint and also ordered that Zakia Jafri be notified in case an accused is dropped. 

Given that the SIT did not give notice to Zakia Jafri before dropping the accused, the current petition arose to make sure the Supreme Court’s order is complied with. He said that the petition was not to ask the Supreme Court to convict one person or another but to facilitate an investigation and trial regarding a conspiracy.

“We of course have to continue our battle; we have to continuously fight and hopefully Himanshu and others will never be put in Jail and Teesta and Sreekumar will be out of jail very soon. But that is not the end of our battle, that is just the beginning of our battle,” he said ending his address.

The jury of the People’s Tribunal will release its report within a week’s time based on the arguments and documents presented during the day.

Related:

SIT was only ‘SIT’ting, not investigating: Kapil Sibal in Zakia Jafri SLP

Communal violence is like lava, leaving ground fertile for revenge: Kapil Sibal in Zakia Jafri SLP

‘Grave Injustice’: People’s Tribunal on SC Judgements in Zakia Jafri, Himanshu Kumar’s Petitions

The post It is unfortunate that the petition was dismissed: Tanvir Jafri on Zakia Jafri case appeared first on SabrangIndia.

On July 26, Additional Principal Judge, DD Thakkar of the City Civil court postponed the order in the matter of bail for journalist, educationist and human rights defender Teesta Setalvad to July 28. The order in the bail application of former Gujarat Director General of Police (DGP) RB Sreekumar is also likely to be passed on July 28. The court said that as there were many documents to examine, the order will be passed on Thursday.

The shocking arrest

On June 24, 2022, 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.

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 very next day on June 25, 2022, a team of the Gujarat Anti Terrorism Squad (ATS) barged into Teesta Setalvad’s Mumbai home and detained her.

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, who were whistle-blowers in the case, 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.

Abuse of power during detention

Setalvad says she was roughed up as she was picked up from her Mumbai home and taken to the Santacruz police station. 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.

Proceedings during the July 18 hearing

Setalvad and RB Sreekumar’s lawyers tore into the Crime Branch’s affidavit and showcased how none of the ‘offences’ alleged in the pertinent matter are maintainable as none of the courts in which the said matter were being heard had made any complaint whatsoever.

They further argued that instead of substantiating their case with adequate evidence, the State has gone into a totally irrelevant ‘broader conspiracy’ which has no immediate relevance to this case. Hence, while any maintainable evidence is non-existent, which would be established during the trial, not granting bail in this matter would be a travesty of justice.

After this the State represented by the Public Prosecutor made their submissions on July 20 and 26. It is also noteworthy that during this entire ordeal, the State also made a series of fresh and bizarre allegations against Setalvad claiming she took money from the now deceased Congress leader Ahmed Patel to defame the Gujarat government in 2002.

Proceedings on July 26, 2022

During the proceedings today, the Public Prosecutor continued to harp on Setalvad’s “conduct”. The PP’s argument was that given this “conduct”, enlarging Setalvad on bail would result in interference in the investigation and efforts to influence the witnesses! The most outlandish submission of all, was the multiple litigations she has moved, even in cases where she was not even a party. The PP submitted that these multiple litigations and appeals were designed by her to escape the consequences of the various investigations that she was under. He cited an instance of Setalvad challenging the order of the magistrate court for investigation under sec 153 A. This petition was dismissed by the High Court. The PP also continued to make submissions about the “larger conspiracy”, where he attributed Setalvad’s actions to her desire to become a Rajya Sabha Member of Parliament – another allegation, devoid of any basis in reality.

Setalvad’s lawyer, Advocate Somnath Vats, once again exposed the lack of substance in the prosecution submissions, and expounded how the IPC sections 190-19 and 211, that deal with fabricating evidence and presenting false evidence during the pendency of a case, that could lead to serious harm to the parties involved in the case. His submission was that the Zakia Jafri petition was complete with the Supreme Court upholding the closure of the case by the SIT; and there was no active case in which Teesta Setalvad et al could have presented false and fabricated evidence. The FIR of the impugned case was a totally separate one, and had nothing to do with the Zakia Jafri petition. Hence there was no question of using Sec 195 in this matter.

The defence submitted that all this while, Setalvad has been engaged in various cases. Yet, nowhere has the State ever stated that she had interfered with any investigation! Taking legal recourse cannot be portrayed as something that can derail investigation.

On the subject of intimidating the Investigating Officer (IO), Setalvad’s team submitted that if any IO feels that the accused is tampering evidence or interfering with the investigation or influencing/threatening/intimidating witnesses while on bail, the IO has adequate powers backed by legal provisions to file a complaint against such accused persons.

Advocate Somnath also tore into the “larger conspiracy” saying that the prosecution has not established any prima facie case. Even when the PP alleges ulterior motives to destabilize the government, there is no evidence that has been presented except the undisclosed mysterious statements of three un-named (confidential) witnesses, to which the defence is not yet privy.

The order is now expected to be delivered on July 28.

Related:

Arguments to continue in Teesta Setalvad’s bail application on July 20

Free Teesta Setalvad: Peers and fellow activists offer a testament to her tenacity

Human Rights defenders stand with Teesta Setalvad

Indian intelligentsia bats for Teesta Setalvad

Free Teesta Setalvad: A week in the life of a brave human rights defender

The post Order in Teesta Setalvad and RB Sreekumar’s bail applications likely to be passed on July 28 appeared first on SabrangIndia.

As Teesta Setalvad prepares to appear for her bail hearing before the court of Additional Sessions Judge DD Thakkar on Friday, July 8, more and more legal luminaries, activists, academics, journalists and influential human rights groups have showcased support for her.

In an opinion piece for The Wire, human right lawyer Prashant Bhushan rights, “The arrest of human rights activist Teesta Setalvad and R.B. Sreekumar, the former additional director general police, by the Gujarat Anti-Terrorism Squad on the basis of a first information report (FIR) that copiously draws on the Supreme Court judgment in the Zakia Ehsan Jafri case is patently malafide.” In the piece titled Zakia Jafri Case: Another ‘Arresting’ Judgment in Favour of BJP and Narendra Modi Bhushan refers to the Supreme Court’s remarks about Setalvad and other whistleblowers, and goes on to say, “Such an order is unprecedented for a constitutional court that is tasked as the custodian of people’s fundamental rights and is mandated to be a neutral arbiter of justice at the highest level. It is appalling for the Supreme Court to openly prod the authorities to bring to book those who fearlessly and selflessly undertook a difficult battle against the State and police authorities at all levels of the judiciary for many years, with the hope to bring justice to the victims of the 2002 Godhra riots.” The entire piece may be read here.

Another legal luminary, Justice Madan B Lokur, a former judge of the Supreme Court, wrote a piece for The Wire titled Condemned by Innuendo: Some Questions on the SC Order That Led to Teesta Setalvad’s Arrest, and asked, “Did the Supreme Court intend or suggest that Teesta Setalvad should be arrested?” He says, “Whatever your answer, the implications are horrendous,” adding, “If your answer to the question is ‘yes,’ don’t you think it is tragic that the Supreme Court has taken upon itself to unilaterally decide who should be arrested and why? That is certainly not the jurisdiction of the Supreme Court, as we know it, except in the case of contempt of court. And, even in a case of contempt, the Supreme Court hears the alleged contemnor before judgment and arrest.” Then he examines the possibility that the SC did not suggest Teesta Setalvad’s arrest and requests them to “please explain or get someone to explain what prompted the Anti-Terrorism Squad to drive or fly down to Mumbai to arrest Teesta?” The entire piece may be read here.

Delhi University Professor Apoorvanand, who has himself faced the wrath of a vindictive regime, has also penned a piece about Setalvad in Scroll. In the piece titled How India has become a land of conspiracies that turns warriors battling injustice into villains, he refers to the SC’s observations in the Zakia Jafri case and writes, “We are in a world in which language is puffed up to appear as bombastic as the alleged action itself. Reading FIRs and charge sheets filed by the Indian police always violates one’s linguistic sensibility. Now court judgments have started competing with them.” He adds, “What is common to all these is that the victims of violence or the people speaking on their behalf or working to secure justice for them have themselves been turned into conspirators. They have been accused of conspiring against the state itself, either to defame it or destablize it. The state and “the leader” have become synonymous.” The entire piece may be read here.

Gujarat High Court advocate Anand Yagnik also held a meeting at his office that was attended by other lawyers, civil society members and journalists. He was quoted by media persons as saying, “This order, particularly the questionable observations, go beyond the jurisdiction of the Supreme Court. The Supreme Court had only one point to decide on — whether an FIR had to be registered or not (against the then state functionaries who had allegedly derelicted their duty). The Supreme Court at the most could have said that there is no prima facie evidence on the basis of the investigation by SIT for registering an FIR.” He further asked, “We have never ever come across an instance in a judgement delivered by the Supreme Court which says ‘it (pursuing legal remedies) is malicious’. Where is the ground for them to say it is malicious?”

At the same gathering senior Supreme Court advocate Kamini Jaiswal reportedly said that the observations of the Supreme Court in para 88 of the judgment were “completely illegal, unconstitutional and violates every tenet of law and fundamental rights.”

In an opinion piece in NDTV, senior journalist Sagarika Ghose pointed out the curious coincidence of Teesta Setalvad’s arrest taking place on the anniversary of the day Emergency was declared in 1975. In the piece titled Opinion: Teesta Setalvad’s Arrest Shows Spread Of “Emergency Mindset”, Ghose writes, “The timing was eerie. On June 25, 1975, Indira Gandhi imposed the Emergency. On that very day, over four decades later, on June 25, 2022, civil rights activist Teesta Setalvad was dragged out of her Mumbai home by the Gujarat police which barged into her house and marched her out into a waiting police jeep. On the same day, former Gujarat police officer RB Sreekumar was arrested in Ahmedabad. As India recalled the 1975 June day when Indira Gandhi’s police hauled dozens of Opposition politicians and journalists to jail, in a stark reminder, on the same day, India again saw state power bearing down on an individual citizen.” The piece may be read here.

Related:

Teesta Setalvad applies for bail
Review order and withdraw observations against Teesta Setalvad and whistleblowers: CCG to SC
Gujarat court remands Teesta Setalvad to judicial custody
Suo motu clarify Zakia Jafri case judgment’s intention to not prosecute Teesta Setalvad: Citizens to CJI
Free Teesta Setalvad: A week in the life of a brave human rights defender

The post Free Teesta Setalvad: Indian intelligentsia bats for Teesta Setalvad appeared first on SabrangIndia.

Human rights defender Teesta Setalvad has moved court seeking bail in connection with the trumped-up charges of forgery and conspiracy levelled against her by a vindictive regime, in wake of the Supreme Court’s remarks about her in the Zakia Jafri case judgment. Her bail plea will now be heard on Friday, July 8.

Readers would recall that on June 25, just a day after the judgement was delivered, a unit of the Gujarat Anti Terrorism Squad (ATS) had barged into Setalvad’s ancestral bungalow in Mumbai and whisked her away to Ahmedabad after a brief pitstop at the Santacruz Police Station. In fact, it was here that Setalvad had filed a handwritten complaint against two ATS officials for physically assaulting her.

Setalvad was formally arrested on June 26, and the metropolitan magistrate’s court had remanded her to police custody. When she was next produced before the court on July 2, the police said they did not need her further custody and Setalvad was remanded to judicial custody and sent to the Sabarmati Jail pending bail.

On July 6, Additional Sessions Judge DD Thakkar admitted Setalvad’s plea for regular bail. Former Gujarat Director General of Police (DGP) RB Sreekumar, who is also an accused in the case, had also moved court for bail on July 5. The court has now issued notice to the State seeking response and scheduled both bail hearings on July 8.

Both Setalvad and Sreekumar have maintained that the charges of forgery, criminal conspiracy etc. against them are completely baseless and no case can be made out against them based on these charges.

In fact, many legal luminaries, activists, journalists and now even former civil servants have concurred that the arrest is just an example of vendetta. While some have even urged the Supreme Court to suo motu clarify if the court intended for Setalvad and the whistleblowers to face prosecution when it made remarks about them in the Zakia Jafri judgment, the Constitutional Conduct Group (CCG) has gone a step further, and urged the court to withdraw those remarks.

Related:

Review order and withdraw observations against Teesta Setalvad and whistleblowers: CCG to SC
Gujarat court remands Teesta Setalvad to judicial custody
Suo motu clarify Zakia Jafri case judgment’s intention to not prosecute Teesta Setalvad: Citizens to CJI

The post Teesta Setalvad applies for bail appeared first on SabrangIndia.

The Constitutional Conduct Group (CCG), a group of former civil servants, has made an open statement on the Supreme Court order in the Zakia Jafri case, saying that they “are deeply anguished by some of the contents of that judgement and the arrests that have followed in its wake.”

As many as 92 people including former Mumbai top cop Julio Ribeiro, activist Aruna Roy, former secretary of the National Human Right Commission (NHRC) PSS Thomas, former Home Secretary GK Pillai, former Joint Commissioner of Police (Delhi) Maxwell Pereira have signed the statement.  

The CCG says, “It is not just the dismissal of the appeal that has surprised people – an appeal may, after all, be allowed or dismissed by an appellate court; it is the gratuitous comments that the bench has pronounced on the appellants and the counsel and the supporters of the appellants.”

The group also minced no words in describing the shocking aftermath of the judgment, saying, “The immediate action of the state in arresting human rights lawyer Teesta Setalvad and former DGP, RB Sreekumar, as well as filing a fresh case against Sanjiv Bhatt, who is already in prison, clearly occurred because the Supreme Court told the State government authorities to put those who ‘kept the pot boiling’ ‘in the dock’, though these persons were neither the appellants nor the accused in the case.”

The CCG asked two important questions regarding the very fundamentals of natural justice, “Can the constitutional right to approach courts be treated in so cavalier and revengeful a fashion that the persons seeking justice are put behind bars? Shall we henceforth presume that natural justice can be given the go-by as a cardinal principle of our jurisprudence and people condemned without being heard?”

The group expressed distress at the Courts observations and said, “We would urge the Supreme Court Justices to suo motu review their order and withdraw the observations contained in Para 88.” Refering to remarks made by Justice Madan Lokur, the CCG said, “We would also request them (the Supreme Court) to adopt the course of action advocated by a distinguished former member of their fraternity, Justice Madan Lokur. He has said that the court would do well to issue a clarification to the effect that it was not their intention that Teesta Setalvad should face arrest and at the same time order her unconditional release.”

The entire statement will the full list of signatories may be viewed here:

Related:

Free Teesta Setalvad: A week in the life of a brave human rights defender
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
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PRESS RELEASE: Teesta Setalvad roughed up as Gujarat ATS personnel barge into her home

The post Review order and withdraw observations against Teesta Setalvad and whistleblowers: CCG to SC appeared first on SabrangIndia.

As the police custody of Teesta Setalvad came to an end, she was presented before the Metropolitan Magistrate’s court in Ahmedabad on July 2. The court remanded her to 14-days judicial custody.

The journalist and human rights defender was, on June 26, remanded by the Metropolitan Magistrate’s court to the custody of the Ahmedabad Crime Branch. On July 2, when this remand ended, the police did not seek further remand of Setalvad, or even former Gujarat Director General of Police (DGP) RB Sreekumar. They were both granted judicial custody, which will be valid for 14-days or until bail is granted, whichever is earlier. Setalvad’s team will now apply for bail.

Till bail is granted, Setalvad will be taken to Sabarmati Jail. Given the fact that several of the Gujarat riots cases convicts, who Setalvad’s organisation Citizens for Justice and Peace (CJP) helped put behind bars, are also lodged in the same jail, Setalvad, through her advocate SM Vatsa, has moved an application before the court seeking protection within jail. She apprehends that she may face harm if protection is not granted.

Order with respect to this application has been reserved by the court. This story will be updated when the order is passed.

It is noteworthy that Mahatma Gandhi was also jailed here briefly in 1922. The vindictive State has thus, unintentionally, highlighted what’s common between the two peace-loving leaders from two different time periods – that they both believed in never backing down… no matter how powerful their opponent may be.

Related:

A week in the life of human rights defender Teesta Setalvad
Nation unites to demand Teesta Setalvad’s release
Suo motu clarify Zakia Jafri case judgment’s intention to not prosecute Teesta Setalvad: Citizens write to CJI

The post Gujarat court remands Teesta Setalvad to judicial custody appeared first on SabrangIndia.

In solidarity with human rights activist and journalist Teesta Setalvad and others, 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.

People demanded release of the 60-year-old activist as well as 2002 Gujarat riots whistle-blowers RB Sreekumar, Sanjiv Bhatt. The former two were arrested a day after the Supreme Court dismissed the Zakia Jafri case. Similarly, AltNews Co-Founder Mohammad Zubair was arrested shortly after Setalvad and Sreekumar’s arrest for allegedly hurting religious sentiments.

Condemning these series of events, protesters said that the apex court has created a sick tradition of sending social and human rights activists to jail rather than giving justice to victims. Members said the court had penalised dissenters for assisting victims in the legal battle. Even Opposition political parties called for a boycott of the assembly, citing “ridicule of the constitution and the use of force against the judiciary”.

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?”

For years now, the anti-Jindal movement (formerly the anti-POSCO movement) has been fighting for Jagatsinghpur’s local adivasi groups in Dhinkia village. Residents have long since demanded that the government stop handing the nearby forest land for developing projects without the permission of gram sabhas as per the Forest Rights Act 2006.

Setalvad and Sreekumar face charges of criminal conspiracy and forgery. Worse still, the FIR went as far as to make the case that the time period of the offense ranged from January 1, 2002 to June 25, 2022. This effectively includes every effort for justice for the 2002 victims, be it petitions filed in the High Court, Supreme Court or the Magistrates’ Court – all of which are sought to be criminalized.

Supporters of the activist decried the FIR that prevents Setalvad from making the state accountable in establishing guilt of those accused of serious crimes and calling for victims’ justice. It also deters citizens from holding the State accountable, in effect conveying that the State can do no wrong.

Related:

End governance of fear: Collectives in support of Teesta Setalvad
Release Teesta Setalvad: Adivasi women demand justice for their sister activist
Drop charges against Teesta Setalvad: Human Rights Watch
Nation unites to demand Teesta Setalvad’s release
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First Teesta Setalvad, now Mohammed Zubair!
After activists, is GoI now targeting farmers?

The post Free Teesta Setalvad: Now Bhubaneswar stands with Teesta appeared first on SabrangIndia.

Support for human rights defender and journalist Teesta Setalvad continues to grow. On June 30, 2022, a newly launched broad-based alliance Solidarity for the Prisoners of Conscience in India gave its statement in solidarity with Setalvad and other dissenters.

As many as 260 rights activists, intellectuals, journalists, and community leaders condemned the arrest of Setalvad, 2002 Gujarat riots whistle-blowers RB Sreekumar, Sanjiv Bhatt (already in prison for over 18 months) and journalist and fact checker Mohammed Zubair.

Hardly a day after the Supreme Court’s judgement on the Zakia Jafri case, the Gujarat police forcibly entered Setalvad’s house, assaulted her and took her into custody on June 25, 2022. Sreekumar was arrested soon after. Pointing out that this was the anniversary of the day Emergency was declared, members said that the action indeed showed Emergency-type ruthlessness.

Regarding the allegations of fabricated evidence, tutoring witnesses and abuse of the process of law, the alliance said the FIR seeks to deter citizens from holding the State accountable.

“What the present government is doing is “Governance by Fear” in its rawest form. On the Emergency anniversary, Prime Minister Narendra Modi and Home Minister Amit Shah have the habit of issuing statements condemning the Emergency as a dark chapter in the history of independent India, one imposed to quell dissent and free voice. But both of them are doing much worse now, and the Setalvad case is a typical example,” said the alliance.

It argued that the arrest of Zubair is further reminiscent of the crackdown on journalists during the Emergency. As such it demanded the immediate dismissal and release of the arrested under the FIR.

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.

It warned that if social workers and activists are unjustly imprisoned for disagreeing with the State, there will be no voice of dissent against state oppression. It condemned the action against Zubair for apparently trying to create communal unrest by spreading false news.

Adivasi rights group All India Union of Forest Working People (AIUFWP) continued to hold demonstrations in villages demanding the release of Setalvad. On June 29, Manikpur, Chitrakoot’s tribal women handed a memorandum to the Sub-District Magistrate to this effect.

Visuals from Madras High Court showed the Democratic Bar Association demanding Setalvad and others release amidst a decrial of the BJP-led government for “bulldozer raj”.

Related:

Release Teesta Setalvad: Adivasi women demand justice for their sister activist
Drop charges against Teesta Setalvad: Human Rights Watch
Nation unites to demand Teesta Setalvad’s release
Human Rights organisations issue statements of support for Teesta Setalvad
First Teesta Setalvad, now Mohammed Zubair!
Teesta Setalvad inspires art from behind bars
After activists, is GoI now targeting farmers?

The post End governance of fear: Collectives in support of Teesta Setalvad appeared first on SabrangIndia.