Are SIMI, Bajrang Dal two sides of same coin?

Are SIMI, Bajrang Dal two sides of same coin?
CNN-IBN <_blank>

Thu, Sep 18, 2008
The spate of attacks on Christians and churches continues in the
BJP-ruled states of Karnataka and Madhya Pradesh.

Coastal districts of Mangalore, Dakshina Kannada, Chikmagalur and Udupi
are tense after 14 churches were attacked on Sunday, allegedly by the
activists of Hindu outfit Bajrang Dal.

On Wednesday, a mob attacked a church and statue of St Mary in Kolar in
south Karnataka, taking the number of attacks to 19 in the past one
month. Security has been stepped up following the incident. Police say
the situation is tense but under control.

Last month Orissa too witnessed a similar flare up. Christians were
attacked in the Kandhamal district and 24 people died in the communal
clashes that followed.

As the Government considers bringing in tougher measures to deal with
terror, CNN-IBN debates if Hindu outfits like Bajrang Dal could be
compared with Islamist terror groups like the banned Students Islamic
Movement of India (SIMI).

To debate the controversial issue on Face the Nation were the President
of Indian Christian Voice, Dr Abraham Mathai; and BJP leader Gopal
Prasad Sinha.

Abraham Mathai kickstarted the debate and strongly argued the Bajrang
Dal was terrorising minorities in the state. Mathai and also hinted at
state complicity.

“The state is talking about SIMI activists being in hiding and here we
have the Bajrang Dal people openly admitting to having done this. How
can you differentiate between the two? Should SIMI be banned just
because they are Muslims?” he asked.

Mathai quoted incidents of Bajrang Dal activists being caught in the
act. “In Nanded, they were caught making bombs and even confessed to
having dressed as Muslims,” he alleged.

But Gopal Prasad Sinha lashed back and said it was unfair to compare
Bajrang Dal with SIMI. “It’s a well-established fact that SIMI is an
anti-national force, is part of Lashkar-e-Toiba, al-Qaeda and is
responsible for blasts across the country,” he said.

Sinha also defended Bajrang Dal’s action as a “reaction to a planned
mischief to convert people in Karnataka”.

“I don’t support the violence of Bajrang Dal but how do we react to
these things,” he asked arguing while Bajrang Dal had an ideology, SIMI
was destroying the idea of India.

“SIMI is an international force, a part of an international terror
group,” he said.

Mathai retorted and said SIMI and Bajrang Dal shared the same underlying
ideology.

“Bajrang Dal activists have killed 50 Indians in Orissa — they
haven’t killed Pakistanis, Bangaladeshis or others. Is that not
anti-national? Just because they are from a majority community and have
the backing of a political party, should they be spared?” he asked.

But the Bajrang Dal has also been accused of distributing tridents,
bringing down the Babri Masjid and has been compared with the Nazis.

In fact, senior BJP leader Atal Behari Vajpayee said he was ashamed of
the group’s activities. However, Sinha dismissed these arguments as
exaggerated public reaction.

As regards forcible conversions, Mathai argued there has been no
conviction despite there being the draconian anti-conversion laws in
place in five states.

“Because they have failed, they are trying miserably hard,” Mathai said,
adding, if conversions gave someone respect and dignity, they were not
wrong.

Witch Hunting Muslims In The Name Of Fighting Terrorism

Source:- http://www.countercurrents.org/tribunal240808.htm

By Peoples Tribunal On The Atrocities Committed Against Minority In The Name Of Fighting Terrorism

24 August, 2008
Countercurrents.org

Hyderabad, August 24, 2008: A three-day People’s Tribunal concluded here today after recording testimonies of over 40 victims who have been arrested, harassed and tortured by police and State security agencies in violation of standard legal procedures in the name of fighting terror.

This fight against terrorism, victims emphasized, has veered more around witch hunting of Muslims rather than curbing terrorism, thus robbing people of their liberty and freedom and making them more insecure than ever before. The real culprits, they said, often roam freely whereas the poor and gullible Muslims are picked up and thrown into jails at whims and fancies of the powers that be.
Victims after victims, who have undergone harassment and torture without any evidence permissible in the court of law against them, deposed before the tribunal — comprising country’s eminent personalities including former judges, lawyers and renowned social activists – and narrated their tales of woes to the shock and anguish of hundreds of audience.

The security-centric State is empowering itself ever more while robbing citizens of freedom and security. The underlying theme emerged that invariably, only people from one community are arrested; only organisations of one sort are blamed and motives too similar are rattled most of the times. The State agencies responsible for such crimes exercise incredible impunity and are never questioned.

The deponents comprised primarily those who were arrested by the police on various charges of acts of terrorist violence and related crimes, but were later let off due to lack of evidence. Those who are accused of such crimes and are in jails were represented by their close relatives. Invariably, all those who deposed, belonged to Muslim community. In addition to verbal testimonies, some of the deponents also submitted copies of documents pertaining to the cases.

After hearing them carefully, the jury issued its interim report emphasizing that a large number of innocent young Muslims have been or are being victimized by the police on charges of terrorism in gross violation of law. The People’s Tribunal showed that police, intelligence agencies and even judiciary are constantly compromising civil liberties and constitutional rights all over India. Innocent people are being arrested, illegally detained, tortured and forced to confess complicity in terrorist acts with which they have no connection whatsoever. It seems that the Indian state has become an apparatus that willfully ignores the basic human rights of minorities in the country.

It would also appear from the testimonies, that many times the police rushed to the press immediately after nabbing some person and dole out the stories of their success and relate the progress of the investigations. The media without any means or wherewithal to check the stories and racing against deadlines reproduced this police version ad verbatim. The result of this was that the public would often get the impression and assume that the culprits and even the mastermind of an act of terrorist violence had been arrested. They would thereby reach the conclusion that they were safe from further acts of violence. This myth would only be shattered after another fresh bout of terrorist act.

The direct fallout of this high voltage publicity, it would seem from the testimonies, is that the accused would often times fail to get proper legal support. At least two lawyers appeared before the tribunal narrating their tales of woe after they took up the case of persons who were accused of acts of terrorism by the police. The lawyers told the jury that at the local bar association passed resolutions that no one from the local bar would represent the accused and neither would any one from outside come and do the same. These two lawyers who defied the ban were beaten up.

It is the collective responsibility of society, the tribunal emphasized at the end of three days, to ensure that the merchants of terror are punished but at the same time society has to take care that deep rooted prejudices do not develop against certain sections – so much so that these sections start wondering whether they are part of this society at all or not.

Peoples Tribunal On The Atrocities Committed Against Minority In The Name Of Fighting Terrorism
22-24 August 2008 at Hyderabad

Jury Members

Justice Sardar Ali Khan,
Justice S.N. Bhargava,
Mr KG Kannabiran,
Dr. Asghar Ali Engineer,
Mr Prashant Bhushan,
Mr Ram Puniyani,
Ms Rooprekha Varma,
Mr Lalit Surjan,
Mr Kingshuk Nag

Depositions and statements recorded in over 40 cases from across the country

Interim observations:

The testimonies showed that a large number of innocent young Muslims have been and are being victimized by the police on the charge of being involved in various terrorist acts across the country. This is particularly so in Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, though not limited to these States.

In most of the cases, the persons picked up are not shown to be arrested by the police until many days after their arrest in gross violation of the law. Their families are also not informed about their arrest. In many cases, they have been tortured in Police custody and made to “confess” and sign blank papers. The police has been often humiliating Muslim detenues on the ground of their religion. The testimonies show widespread communalization of the police across states in the country.

In most of these cases, the Courts are routinely allowing police remand and not granting bail, merely on the police statements that they are required for further investigation. They do not examine whether there is any evidence against the accused. Unfortunately, the media too uncritically publicizes the charge and allegations leveled by the police. This has resulted in the destruction of the lives and reputations of a large number of persons so picked up by the police who have later been found to be innocent.

When the police chargesheets the victims, the trials go on almost interminably during which poor victims are virtually defenceless since they are often not even able to get lawyers. In some cases, Bar Associations have been preventing lawyers from appearing on behalf of persons accused by the police of such terror offences. However, though this is gross contempt of Court, the Courts have not taken action against such Bar Associations and lawyers who are coercing other lawyers in this manner.

Even when the victims are acquitted or discharged on being found innocent, they are not compensated for the destruction of their lives and reputations. Even when the case against the victims is found to be totally cooked up, no action is being taken to hold the concerned police officials accountable. This has led to an impunity among the police officials as a result of which they are casually and callously picking up and victimizing innocent persons, particularly Muslims, sometimes to extract money from them.

It was been reported by the victims that those citizens who are picked up by the police officers for interrogation and are subject to repeated harassment and torture, are implicated in false cases even after release or acquittal and are further subjected to mental and physical torture.

Unfortunately, the Courts are going along with this behaviour of the police and are virtually ignoring allegations of torture in police custody. Hardly anyone is being held accountable for the torture and third degree methods that are being routinely practiced in police and even in judicial custody.

Unfortunately, the Human Rights Commissions which should have taken suo moto cognizance of such victimization and violation of human rights of these people have by and large been treating even complaints about this with casual indifference. They either do not take up such cases on the ground that they are the subject matter of court proceedings or just ask for a routine police report without getting any independent investigation done on such serious charges of human right violations.

This victimization and demonisation of Muslims in the guise of investigation of terror offences, is having a very serious psychological impact on the minds of not only the families of the victims but also other members of the community. It is leading to a very strong sense of insecurity and alienation which may lead to frightful consequences for the nation.

Interim Recommendations

1. State Human Rights Commission and National Human Rights Commission and State Minority Commission should take up such matters seriously and should come to independent finding itself and awarding adequate compensation in suitable Cases. It should not wait for somebody to approach the commission but should take action Suo-moto . They should utilize their own agency to find out the truth. The malafide prosecution of innocent persons is also a serious violation of Human Rights which must be vigourously pursued by the Human rights Commissions.

2. The courts must not routinely grant police or judicial custody but must examine at that stage whether there is any credible evidence against the accused. The Courts should keep in mind that no reliance should be placed on the alleged confession of the accused even for consideration of bail/remand.

3. Whenever any person is released by the police for want of evidence against him the Courts should award adequate compensation for the destruction of his life and reputation. In such cases the courts should examine if the prosecution was malafide, and if it is so found, the police officials involved must be held accountable and the compensation payable to the victim must be recovered from the officers concerned.

4. Cr.P.C should be amended to make it obligatory on the Courts to award adequate compensation to the innocent victim who is discharged or acquitted due to lack of evidence or was falsely implicated.

5. There ought to be separate department/wing for investigation who should be given specialized training on modern scientific basis, in line with the recommendations of the National Police Commission, duly endorsed by the Supreme Court. Independent police complaints authorities must be immediately set up at all levels in line with the Supreme Court’s judgment in the Police Reforms case.

6. The trial courts be provided with a medical officer who can immediately examine any accused complaining of torture in Police or judicial custody. The courts must immediately, on any complaint being made, order such examination and take stringent action if the allegation is found true. The number of Trial courts must be greatly increased to ensure speedy conclusions of Trials. Investigations must also be concluded within the shortest possible time and extensions of time must not be routinely given. An adequate cadre of competent defence lawyers must be created to defend those accused who cannot afford their own lawyers. An independent statutory office of public prosecutors must be created.

7. The Police during interrogation or investigation cannot get blank papers signed by the accused; Police officers found indulging in such practice must be severely punished. Narco analysis is a psychologically and physically third degree method of investigation which is not even scientifically proven. It must not be allowed on persons particularly without consent.

8. Persons including officials of Bar Associations seeking to prevent lawyers from representing accused persons must be hauled up for Contempt of Court for interfering with the adminstration of Justice.

9. Special sensitization programmes should be organized for the Judiciary and Police regarding Human Rights.

10. The Governments should provide adequate compensation to the relatives of the person who died due to police firing at Mecca Masjid. No discrimination should be made based on religion or caste or place of residence. Employment should also be provided to the dependents of the deceased.

11. The Media, both Print as well Electronic should be very careful not to publicize mere allegations or claims of the police which can irreparably damage reputations of innocent persons without subjecting them to basic scrutiny.

12. In cases where all the bread earners of a family have been arrested by the police, the families of the victims, especially minor children and desolate women are rendered penniless and helpless and are driven to starvation. In such cases, until and unless the accused are convicted by courts, the State must provide regular financial help to the extent that the education of children is not disrupted and the family is not starved.

13. India must immediately sign the International Criminal Court Treaty known as the Rome Statute which has been signed by most countries.

What is the post-Ahmedabad Blast Scenario in India? – By Amaresh Misra

The Ahmedabad blasts mark a turning point in Indian political life.
Till now, whenever and wherever a blast occurred, the blame was put squarely
on Muslim terrorist organizations; there was unanimity amongst all major
Indian political parties, whether in power or sitting in the opposition,
over the central role played by Muslim extremist outfits in planning and
executing lethal bomb blasts.

The situation was such that after every blast no matter if they
happen to occur in Muslim areas, Muslim youths in their hundreds were picked
up by the various State Police departments of the Indian Union. After the
11th July 2006 Mumbai blasts, hundreds of Muslims youths, most of them found
innocent by the Mumbai Police later, were not only arrested without warrants
but tortured as well. Similar was the case after terrorist attacks in Uttar
Pradesh, the Malegaon and the Hyderabad Mecca Masjid blasts.

After each blast some obscure, new terrorist organization, which was
never heard of before, and which was usually never heard of after as well,
popped up to claim `responsibility’ for violence. After the recent Ahmedabad
blasts too the name of never heard of before `Indian Mujahideen’ group
popped up; the pattern was sickeningly similar and every secular indeed
Indian feared for Muslim youths in Gujarat.

But suddenly, things started changing-the familiar pattern was
disturbed; the UPA Government at the center appeared reluctant to toe the
Gujarat BJP’s Government line about the involvement of a Muslim organization
executing the Ahmedabad blasts. Bombs started appearing in Surat and
elsewhere in Gujarat-the police was conveniently informed about them before
they could explode.

Then came the bombshell: BJP-the party which had always been the most
strident about blaming `Islamic terrorism’ for the blasts, the party which
was in forefront of open Muslim persecution, the party which always demanded
the most strict measures against not only terrorist organizations but often
Muslims as a community, the party which advocated revoking draconian black
acts like TADA and POTA, which suspended civil liberties and put Muslims in
a dock-that party went on record to state that the Congress-UPA Government
at the Center planned and executed and blasts in order to divert attention
from the `cash for votes’ scandal following the confidence vote in the
Indian Parliament over the Indo-US nuclear deal.

The allegation is shocking all the more since the BJP is a known
Muslim baiter-in the past, it has not only refused to listen to reason that
how could a new Muslim organization pop up every time after each blast, but
it has also been consistent in standing firm with Indian security agencies,
however absurd their version might be on the arrest and torture of Muslim
youths. In fact, in several cases, especially the 2001 attack on the Indian
Parliament, the terrorist attack on the Red Fort, and the 11th July 2006
Mumbai blasts, the BJP appeared to have advanced knowledge of the events.
Then in other cases, most famously in the Nanded blasts at Bajrang Dal
Headquarters,  bomb attacks in Vashi and Thane, Hindu terrorist outfits were
found by the police to have been involved in executing blasts. Most of these
organizations were affiliated to the BJP-RSS combine. The attack on RSS
Headquarters in Nagpur turned out to be a hoax, a set-up where attacking
terrorists, officially shot down by the Nagpur Police in an encounter, were
found to be victims of `encounter deaths’, about which even the Nagpur
police was clueless; in Tamil Nadu, members of the Hindu Munaani, affiliated
to the RSS have been charge-sheeted officially by the Tamil Nadu Police for
planning the terrorist attack on RSS’ Chennai head quarters.

Thus, accusations that blamed the BJP for organizing both the
Bangalore and the Ahmedabad blasts for political mileage after the formation
of the Mayawati-Left alliance threatened their 2009 electoral fortunes,
carried credibility. In the past the BJP brushed these allegations off by
blaming secular and `pro-Muslim’ forces of planting `conspiracy theories’.
Now in the post-Ahmedabad blast phase, the BJP itself is constructing a
conspiracy theory, blaming the Congress Government for facilitating the
attack! Has anyone ever heard of anything like this before?

For the first time in recent Indian history, the glare of terrorism,
has shifted from Muslims; by accusing each other, both the Congress and the
BJP are in a way promoting conspiracy theories; both these parties are also
going out of their way to say that the attacks happened as part of a plan to
shift focus away from a political objective.

Now Left and other secular forces have been saying time and time
again that a deeper enquiry has to be conducted into the nature and pattern
of Indian bomb blasts; that it is insufficient to blame Muslim extremist
organizations; that the angle whether Hindu fundamentalist organizations or
rogue and communal elements in various State and Central agencies might be
involved in the blasts, should also be probed: subtle hints have been given
out about the hand of foreign agencies as well; in a country which has seen
the assassinations of two Prime Ministers in which the hand of foreign
agencies is still suspected; where one of those Prime Minister (Indira
Gandhi) went on record blaming CIA for conducting covert-subversive
activities in India; in that country the possibility that a conspiracy
exists first, to carry out bomb blasts and terrorist attacks by some forces
or an alliance of forces-and then make Muslims a scapegoat-at the top-both
within and outside India-cannot be discounted.

But in the past, the Left and secular forces making these points have been
laughed at; now, after the BJP accusations, these very forces stand
vindicated. The issue is not whether the BJP charge is true or false; the
issue is that a mainstream political party, a known anti-Muslim force is
blaming not Muslims but the Government of India; this is the time when all
persecuted Muslims and secular elements ought to stand up and demand justice
for injustices committed in the past; the fracas over the Ahmedabad blasts
between two main Indian political parties reveal that there indeed is a big
conspiracy-involving the BJP, Congress and even some elements of the
Samajwadi Party at various levels-often in collusion but opposition as
well-behind bomb blasts that keep happening in India. If secular elements
miss this moment, in which there seems to be a momentary collapse of the
subtle understanding between the BJP and the Congress over the Muslim
persecution issue, then another similar opportunity might not come by for
some time.