BaKhabar, March 2013, Page-5

Hanging of Conscience: Case of Afzal Guru

.... By Ram Puniyani*

The semi secretive hanging of Afzal Guru (Feb 2013) has come as a shock to some and as a feeling of triumphalism for many. Afzal Guru was hanged in early hours of morning and was buried in the prison yard. His mercy petition, which was pending with the President for long was finally rejected and even before the family of Afzal Guru could get a chance to appeal against the turning down of plea for clemency, Guru was hanged. While the ethical questions pertaining to death penalty are heavy on the conscience of many in the society, this is not regarded as the part of ‘collective conscience’ which has guided the judgment of Supreme Court and later the President turning down his petition for clemency. The section of society which thought that Guru’s sentence itself needs to be questioned also does not seem to form the’ conscience’ of the nation!
Kashmir valley was totally insulated from the news and TV channels gagged. The restive mood of the people led to the death of some. In the absence of the proper information, rumours are doing rounds and what disastrous consequences it can have needs a serious thought from the rulers in the corridors of power.
Many a questions have been raised due to this hanging. Why hanging and why at this time? Guru was one of the accused in the case of assault on the Parliament on 13 December 2001, in which, eight security personnel and one gardener were killed. Guru was not found to be part of any terrorist outfit, nor did he play any direct role in this attack. Supreme Court noted that there is no direct evidence of Guru’s involvement. The evidence was mainly circumstantial. All three courts including Supreme Court had acquitted him of the charges under POTA of belonging to either a terrorist organization or a terrorist gang. Court also noted that the evidence was fabricated.

At worst Guru was facilitator in the crime and not a part of directly perpetrating the crime, and the evidence against him was mere circumstantial and that the police lied about the time and place of arrest, fabricated evidence including arrest memos and extracted false confessions. Court noted that Guru was not a member of any banned organization, Court ruled "The conviction under section 3 (2) of POTA is set aside. The conviction under section 3 (5) of POTA is also set aside because there is no evidence that he is a member of a terrorist organization, once the confessional statement is excluded. Incidentally, we may mention that even going by confessional statement, it is doubtful whether the membership of a terrorist gang or organization is established." Further that since "The incident, which resulted in heavy casualties, had shaken the entire nation and the collective conscience of the society will only be satisfied if capital punishment is awarded to the offender." So does it mean that the punishment is being given to assuage the collective national conscience? One must add what is presented as this conscience is the consciousness of the section of dominant sections of society, the assertive social-political groups in particular. The conscience manufactured by the likes of VHP, Bajrang Dal and company, have come to be labelled and accepted as national ‘collective conscience’ by many, It is these groups who are who are celebrating the death of Guru, exhibiting their triumphalism.

In their petition to the President of India, many social activists and academics point out “The fact that the Court appointed as amicus curiae (friend of the court) a lawyer in whom Afzal had expressed no faith; the fact that he went legally unrepresented from the time of his arrest till his so-called confession, the fact that the court asked him to either accept the lawyer appointed by the Court or cross examine the witness himself should surely have concerned you while considering his mercy petition.”

His personal history of being a surrendered militant, victim of harassment and torture at the hands of STF, as well as his statement in open court that he had indeed helped Mohammad, one of the attackers on the Parliament, find a house and obtain a car, the same car used in the attack, but at the orders of his STF handlers, should have spurred a full-scale investigation into the allegations. The citizens of this country do not know if one was ordered at all.”

The base on which Supreme Court gave the judgment was built by the police with methods which are questionable, which have also been reprimanded by the court in this case. The argument on the other side was that if Guru is not hanged it will be an insult to those who have laid their lives for defending the parliament

While Supreme Court deserves all the respect, one has to see that the primary investigation done by the police, with all its flaws formed the base of the judgment. When that investigation itself had holes in it, should it be accepted as it is presented? When the primary culprits are either dead are some of them absconding, can 'the whole truth be out'? Or is it that somebody has anyway to be punished to quench the thirst for revenge, and who better than the one who has a Muslim name and happens to be from Kashmir. The whole trial of Afzal needed to be relooked; the flaws of the investigation, the weakness of and deliberate violation of norms by police authorities in particular.

The question which comes is why the other assassins, the one’s of Rajiv Gandhi and the Punjab Chief Minister Beant Singh are being given a different treatment? The assemblies of Punjab and Tamil Nadu have passed resolutions against death penalties for these people, who were directly involved with the acts of assassination. The whole issue boils down to as to how Indian state has treated the Kashmir issue and how terrorism and Muslims have been associated in the popular thinking. This thinking has been deliberately promoted by the communal forces in the country. A section of media has played a very negative role in promoting the divisive thinking in the society. Section of media has acted as spokespersons for the police versions of investigation. So the ‘collective conscience’ is the common sense asserted by communal forces and imbibed by the others. It does reflect the state of our democracy overall. Can we call ourselves as a democracy and indulge in minority bashing; being high handed in matters of justice and citizenship rights in cases of the vulnerable minorities.

Kashmir had been limping towards better situation during last few years. While alienation amongst large section of Kashmiris remains deep set, there have been indications that people may reconcile to new situation, if democratization process in Kashmir is strengthened by and by. This hanging of Afzal Guru reminds one of the hanging of Maqbul Butt in 1984, which set the trail for a phase of enhanced militancy. One hopes that such an adverse thing should not happen this time. But still we need to take the issue of protest in Kashmir in a more balanced way. Congress should not join the game of aggressive jingoism launched by BJP and its affiliates. Such cases of yielding to the religious nationalism, promoted by BJP and company will surely be a recipe for disaster for the process of normalization and democratization in Kashmir. The communal mind set should not be allowed to rule the roost.
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* Ram Puniyani (born 25 Aug 1945) was a professor in biomedical engineering at the IIT Bombay. He is involved with human rights activities, for communal harmony, has taken initiatives to oppose the rising tide of Fundamentalism in India. He is a pillar of secular and democratic initiatives like All India Secular Forum, Center for Study of Society and Secularism and ANHAD. His write-ups appear in reputed Indian newspapers, regularly. He can be contacted on ram.puniyani@gmail.com

Dhule Violence: Changing Anatomy of Communal Violence

.... By Ram Puniyani*

The violence in Dhule Maharashtra seems to be the new face of communal violence in India. As per the report of a major national daily (Jan 26, 2013), the evidence with the newspaper shows the evidence of police looting and destroying the property. The video clips in possession of the civil society groups also show one police official exhorting the rioting mob to move on. So far even if it was there it was not so blatantly clear. One sensed the partisan nature of police as discerned through different inquiry commission reports, but this type of role of police is a new and downhill chapter in the history of communal violence in India.
Communal violence has been a major menace to our nation, from last more than a century, and more particularly from last three decades. Rise in communal violence can be correlated with the British policy of ‘divide and rule’. This policy was achieved by them by introducing the communal view of history through different books by British authorities. The communal version of history was taken up by the Muslim and Hindu communalists to suit their political agenda of opposing the political, social and economic changes which aimed at Liberty Equality and Fraternity. The communal forces spread hatred against the ‘other’ community, the result being that the communal perceptions started being part of the ‘social common sense’, hatred for ‘other’ community became the foundation on which the communal violence took place or was orchestrated. This in turn strengthened the communal forces in different areas, and increased the levels of misconception for the ‘other community’. This parallel and opposite process went on till the tragedy of Partition, which was the biggest act of communal politics, the outcome of British policy of ‘divide and rule’.

Dhule riots: Cops caught vandalising

During British rule the communal violence was a communal riot. In this both Hindus and Muslims were pitched against each other in an inhuman way, regarding; perceiving as if they are doing something for their religion. The political agenda of retrograde forces wore the cloak of religion. While communal forces made merry, the innocents suffered and the police took a neutral stance. They were trying to balance out without taking any sides while controlling these acts of violence. This neutrality of police started changing after Independence, when gradually the communalization of section of police force started taking place and its overall neutrality started getting eroded by the day, to the extent that later a section of police started helping violence in a pro active way. And over a period of time, those who are supposed and are duty bound to protect the innocent citizens, became partisan. Shooting the minority community members and throwing them in canals (Meerut Malyana 1987), or burying them in the field and growing cabbage over them (Bhagalpur 1989) was painfully observed.
A whole ‘Riot mechanism’ gradually came up in which the communal forces instigated, the so called secular forces looked on or subtly helped and the police took sides with majority community. At the same time the political leadership, bureaucracy, and police who are supposed to protect the innocent citizens, failed to do their assigned job and still got away without getting any punishment. This impunity gave a signal to them all that they can carry on with this game of marginalizing the minority community and reap the harvest of communal politics on the electoral arena.
This ghastly situation is taking a further turn for the worst. And now it seems the communal forces and the communal foot soldiers are having an easy time as sections of police force are blatantly communalized. Police not only has become the active player in the game, police is shamelessly providing a cover to those indulging in violence. This painful fact comes to surface in the recent violence in Dhule, 6 January 2013, where over 40 people from the minority were shot above knee, in abdomen chest, neck face and back, out of which six died, three had to undergo amputation and remaining one’s are recuperating with serious injuries. The citizen’s inquiry committee which went to Dhule for fact finding was shocked out of its wits to find as to how the event which required a simple intervention from the police grew into the tragic incident. The mater was too trivial; the victim came to police chowkie to complain and with a request to intervene. Police constables on duty, apparently told the victim to go and settle the issue himself. The victim a Muslim auto rickshaw driver came with few more youth, the youth from other side also collected and stone throwing began. The clips, taken on video; show that the police acted as a cover for the Hindu mob which charged towards the Muslims. The police force also seemed to have begun to violate the police manual in letter and spirit. The mandatory loud speaker announcement, use of tear gas, lathi charge to be resorted before firing was done away with and a straight firing was resorted to. The police training says the firing should be to disperse the mob, begin with firing in the air and then below the knee. In Dhulia the police thought it is a redundant exercise, so the firing was a targeted one, above the knee, above the waist, in abdomen, chest, face, neck and back.
The victims who fell to the police bullet were left to be taken to hospital by friends and relatives. Police claims they were attacked seriously, acid was thrown on them. The civil hospital record shows that all the injuries suffered by police were minor. Some of them were admitted to hospital wards to show that they have been attacked seriously. No case of serious acid attack on the police, no case of serious injury, which requires hospitalization! The mob burns the houses; mostly those of Muslims, few Hindu households are also burnt. Police did not entertain any FIR of the victims. Next day morning the area is washed clean to wipe out some remaining evidence. Those wanting the FIRs to be filed were told that since they are themselves culprits of violence, filing FIR will go against them. A rumor was floated that combing operation will be done in Muslim areas. The victims in Hospitals take early discharge fearing that they will be charged as being the rioters in the violence.
The civic administration did not set up any relief camp for those whose houses are burnt. Ration was distributed knowing fully-well that those whose houses are burnt cannot cook as all cooking vessels and utensils are burnt. The political leadership, Chief Minster and co. is apathetic and it takes them 10 days before driving down a distance of few hours to assess the situation, to address the woes of victims and to announce the much needed compensation. The compensation announced is meager for reasons best known to the Chief Minster.
What trust the victims will have in such state machinery? A feeling of utter neglect and helplessness is prevailing amongst the victims. Some relief has been provided by the community organizations. That does not help the matters beyond a point.
The violence in Dhulia comes in the backdrop of violence in Akot, Raver and other places in the region, over a short span of time. There is an urgent need for better relief, setting up of Police-Civic society Mohalla committee, sensitization of police in communal matters and to counter the misconceptions widely prevalent about the minority community. Who will undertake all these? Can Government think out of the box and take initiative in this direction? Who will get justice to the victims? And will the Central Government muster courage to bring in the Communal Violence Prevention Bill, which was presented in National Integration council. The draft bill can be modified by standing committee before finalizing. This bill should at least ensure that the section of political leadership, bureaucracy and police will not be spared for their acts of commission and omission due to which violence occurs and keeps simmering.