Civil Final Pages 23-4-2011 Final

Editorial

Kannabiran – An Icon of Civil Liberties - Lateef Mohd. Khan 1

Tributes

Civil Liberties pay homage to S.R.Sankaran 3

A Tribute to Advocate Shahed Azmi:Community lost a Brilliant Lawyer 3

Remembering Kanna - Prof. Rama Melkote 4

Kannabiran - A True Secular Democrat - Vara Vara Rao 5

Kannabiran believed in Individual, Institution - Prof. Kancha Illaiah 7

My association with a legend - Kannabiran - Kaneez Fathima 8

K G Kannabiran – greatest source of inspiration- Mahtab Alam 9

K.G.Kannabiran Articles

Separation of Telangana from Andhra Pradesh: Formation of smallerstates for administration of plural societies 10

Acid Attacks: Every physical attack on human body does not requirea new criminal code 13

Should Arundhati Roy be prosecuted for sedition? 13

Appeal to Bar Association to perform their professional responsibility 14

Kasab and his trial 15

Joint Press statement of PUCL and CLMC on the release of AmnestyInternational Report - 2008 on the occasion of 60th year of UDHR 17

Correspondence of KG Kannabiran with CLMC 18

Statements of Civil Liberties Monitoring Committee 27

A Fact-finding Report

Hyderabad Violence - 2010 47

Civil Liberties MonitoringCommittee India,

Publication Urdu & English Civil LibertiesCivil LibertiesCivil LibertiesCivil LibertiesCivil Liberties Monitor Monitor Monitor Monitor Monitor

Bulletin: III India March 2011

CONTENTS

Chief EditorLateef Mohd Khan

EditorKaneez Fathima

Editional BoardDr. Rafat Seema

A.Srinivas

S.Q.Masood

M. Mandakini

Yahiya Khan

Circulation MangerMohd. Ismail Khan

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Kannabiran - An Icon of Civil LibertiesOn behalf of Civil Liberties Monitoring

Committee, we are pleased to release a special issueof Civil Liberties Monitor in memory ofK.G.Kannabiran. We had very deep relation withMr. Kannabiran and that relation which he had withus was due to Civil Liberties work. At one time, hehad said that Muslims do not raise voice or work forthe cause of Civil Liberties. Therefore, when westarted working as civil rights activists, he observedvery keenly. In the early days of our work for civilliberties, he gave suggestions in critical manner. WhenCivil Liberties Monitoring Committee came intoexistence, Kannabiran was the first rights activistwho appreciated and said that this committee is theurgent need of time. From then itself, he instructedus to send all the reports of CLMC to PUCL bulletin.He had said once that there should be no competitionamong the rights organizations; instead, there shouldbe coordination and cooperation among them.

One thing that can be clearly said aboutKannabiran is that, in a plural society not only acommon man but how a rights activist should be,Kannabiran is that example. Because of this, amongall the civil rights activists Kannabiran was the onlyperson who understood Muslim psychology. Thismight be the reason also because he was very wellconversed with Urdu language and culture.Sometimes, in discussions he would explain themeaning of Urdu poetry as well.

In the initial stage of his career i.e. during1955-56, one of the successful cases he fought wasthe citizenship case of Asiya Begum. As she hadpossessed Pakistani passport, she was ordered toshift to Pakistan, he argued in this case and succeededin getting judgment in favour of Asiya Begum fromthe earlier order of the court and provided relief toher in settling at her homeland i.e. India.

He struggled tirelessly and succeeded for therecognition of Civil Liberties and he became the iconof liberty. During Emergency period in 1975 hedefended the prisoners and bravely fought theircases, he was always in the forefront to defend thevictims of draconian laws like TADA, POTA and healso lead the movement against these laws. Heconducted many fact findings on killing of people inthe name of encounter and succeeded in proving thatall the encounters are actually fake and cold bloodedmurders by the police personnel. He successfullyargued in the High Court of Andhra Pradesh andconvinced the court to register the case of murder

1CIVIL LIBERTIES Bulletin - III

against those police officers who were involved inthe encounters. He never hesitated to raise the voiceagainst tyrants and atrocities. He struggled againstinjustice till his last breath. He always guided peopleto speak against oppression.

He authored a book titled ‘The Wages ofImpunity:power, justice and human rights’. In thisbook, essays are focused on aspects such assecularism, socialism and the right to life,liberty, free speech and association. The wages ofimpunity traces the whittling down of civil libertiesin the emergency which saw the suspension of freespeech and freedom of association. He dedicatedthis book to all the defenders of human rights whohave been killed and to all those who have been killedin violation of their human rights. He also wroteautobiography named ‘24 hours’. Apart from this hehas penned number of articles on various issuesrelating to law and human rights. Some of them havebeen published in the previous issues of CivilLiberties Monitor. He always thought that if hiswork provides inspiration to even one person who isseeking the tools to fight for a principle, then hisefforts will not be in vain.

He always appreciated and encouraged CLMCwork. Many times, he would call up and givesuggestions on many issues. When I had sent himthe fact finding report on water pollution at Bholakpur,he worte me back saying that your report is a goodwork; please work for the complete democracy.

He encouraged and persuaded me to preparerights activists and advocates. He had said to methat it would be part of civil liberties activity if youcan maintain panel of lawyers to provide good andhonest work. After that when I informed him that Ihave admitted my son in law course, he was verymuch happy and suggested me to attach him to civilliberties work only. He also had concern about theactivists being very few and said that, ‘I have reachedto this age and am still the President of PUCL’.Therefore, there is an urgent need to prepare morenumber of activists.

For the formation of Andhra Pradesh chapterof ‘Committee for the Release of Political Prisoners’,when I went to his residence to invite him for theinaugural meeting to be held at Hyderabad, eventhough he was not well, he assured me that he willdefinitely attend the meeting. He addressed themeeting and on our request he accepted thepresidentship of CRPP by saying, ‘I am very old now,

2 CIVIL LIBERTIES Bulletin - III

I may not be able to contribute much and at the sametime cannot refuse the responsibility given to me’.He was very worried about the state’s attitudetowards the political prisoners and in the meetingspoke at length about who the political prisoners areand why they are called as political prisoners.

When I met him at his residence along withco-activists to present him Civil LibertiesMagazine, he expressed happiness and thathappiness was more because it was bilingual i.e. inEnglish and Urdu. He then enquired about the peoplein the editorial board of magazine, their backgroundetc., he also enquired all the other details such ashow much it is costing for the publication, what isthe price and so on and he also assured that he willhelp in running the magazine. We had sent ourmagazine to many people, but as far as I knowKannabiran was the only person who read the fullmagazine and gave feed back as well. Hecontinuously sent his articles for the magazine andevery time wrote me saying, ‘I am sending an articleto be published in your magazine, I hope it finds place’.He would always stress on reading as much aspossible especially the constitution of India.

Among the many discussions with me, one wasabout Telangana; he was very concerned about themovement and Muslims in it. He had said that itshould be people’s movement, the movement shouldget more civilised, fundamentalists should bedistanced and much more.

He had cautioned me that during civil libertieswork there will be many hurdles, problems and falsecases will be booked against us and so on and allthese should be taken as challenges and we shouldnever compromise with the state.

He always encouraged me to work for thecause of civil liberties because he observed that thereis no one from the Muslim community to work forthe civil and human rights. He never refused to attendany programme organized by CLMC. For every fewdays he would call up and ask me to meet him andby chance if we had not met for many days he wouldcall and say we have not met since many days, whichmeant that I should go and meet him personally.Sometimes he would say that I am coming toHyderabad, where can I meet you, so when he saidthis I thought that he might have gone to some othercity and coming back from that place. Later heexplained me that Hyderabad is the name of a citythat has specific culture and language. And the placewhere he lives does not come under Hyderabad city.He would always call Lal Bahadur Stadium by its

original name Fateh Maidan and if someone did notunderstand this, he would say first understandHyderabad in its true sense. With this we canunderstand his affection towards Hyderabad, thoughhe lived in Secunderabad.

He would call me in short as LMK. Inspite ofhis ailing health, he went to the A.P. High Court toargue the case against me by the state in the matterof fake encounter killing and nexus of Andhra andGujarat police. He argued and got the stay upon thecase. In this case he argued in the court that HumanRights defenders also have their rights.

During his last days he called and said I wantto meet you and when I went to meet him he spokein such a manner as if it was our last meeting. Headvised me to read and work, not to loose confidence,continue struggle against injustice and dedicate lifefor the protection of peoples’ rights. During that lastmeet, while I was moving out from his residence, hisface was lightening but when he shook had, the kindof affection that I felt is not forgetful till today and Istill feel the warmness of his hand.

His last will was not to exhibit his body afterhis death and perform last rites immediately. Hebelieved that birth and death is private matterwhereas life is for the dedication of the people.

He was a stalwart in Civil Liberties Movementin India and his death is a great loss to Civil Libertiesmovement. People lost their advocate and humanrights defender, CLMC pays its tribute to the greatHuman Rights defender and Civil Rights activist andpledge that we will continue his fight for the causeof Civil Liberties. We also express our solidarity withhis family members and all the civil liberties activists.

Now when Kannabiran is no more with us, eventhough preparing a civil rights activist like him is avery difficult task, but if we truly recognize his work,respect his principles, we will have to prepare andmake good activists. As far as the activists areconcerned, they are to be built from amongst us, fromour society itself.

In this issue, we have taken his articles thatwere sent to us on various occasions. This issue alsocontains the correspondence between Kannabiranand CLMC. While presenting this issue in front ofyou, we promise all the people that while stugglingfor civil liberties, we will also prepare activists andadvocates from our society so that Kannabiran’swork continues forever, which was also his deepwish. Thus, we dedicate this magazine to the Iconof Civil Liberties KG Kannabiran.

Lateef Md. Khan

A Tribute to Advocate Shahid Azmi :Community lost a Brilliant Lawyer

Civil Liberties Monitoring Committee expressesits deep sorrow over the gruesome murder of ShahidAzmi, a prominent lawyer who worked selflessly,tirelessly for the cause of oppressed Muslims. Hewas an advocate of Muslims in true sense and hencecommunity lost a great fighter. This committeebelieves that those who killed Shahid Azmi are thepeople who are responsible for detaining Muslims inMaharashtra. He was murdered because he wasthe advocate of those Muslims who are languishingin jails. Shahid Azmi was a polite, intelligent and braveadvocate. He was arrested under TADA for raisingthe voice against atrocities at the age of sixteen andwas put behind bars.He completed his education inTihar jail; did LLB after release from the jail.

The aim of doing law was to help the oppressedpeople; strive against the atrocities andinjustice. He became a famous lawyer in a very shortperiod and was always ready to help every Muslimin need. He collected nominal fee from the clients.He successfully argued the TADA and POTA cases

Civil Liberties pay homage to S.R.SankaranS.R.Sankaran was an IAS officer and Chief

Secretary in the government of Andhra Pradesh.Civil Liberties express deep grief and sorrow overhis demise. Human and Civil Rights movement haslost one of its important activist. S.R.Sankaran inspiteof being IAS and being on the post of chiefsecretary continued his relation with civil libertiesmovement, and as an intellectual, he always guidedthe movement. He spent all his life servinghumanity. He never got married nor he got settled.In fact, he lived a very simple one room life.

He has proved that inspite of holding topgovernment position one can work for the cause ofcivil rights. He initiated ‘Committee of the

Concerned Citizens’. It was his efforts that openedthe path of talks between the government andNaxalites. He made the protection of human lifepossilble. He used his impact and source for therecognition of civil liberties. He set an example forthe people working for the civil liberties while beingin the government post and presented his life as asymbol of it. One year back he had released CLMCmagazine ‘Civil Liberties Monitor’ and presentedit before the people and had said that his dream ofseeing a Muslim in the civil liberties movement iscomplete. He inspired me by his struggle againstoppression, repression, torture, arrests and encounter.Human society lost a helpful and concerned citizenand Civil Liberties has lost a dear friend.

TRIBUTES

in the court and a number of innocent youths wereacquitted. Just at the age of 32 years, his name wascounted in the list of top most lawyers. He was thelast hope of the oppressed people especially Muslims;and this was the reason that he was murdered. It isvery sad that the police have not been able to tracethe murderers until now and the government seemsto be not serious in this matter. Therefore, one canimagine, if someone else would have beenmurdered in place of Shahid Azmi, it would havebeen highlighted nation wide and there would havebeen wide debate on the murder.

Civil Liberties believe that the murder of ShahidAzmi has brought great loss to the Muslimcommunity; and this loss is irreparabe. Shahid Azmiwas a member of CPDR, and was connected withInternational Association of Peoples Lawyer (IAPL).Civil Liberties pay its tribute to Shahid Azmi andexpress its solidarity with the family and demand thegovernment to take immediate action and order forjudicial enquiry.

The Mission Statement of Civil Liberties Monitoring CommitteeTo monitor, document, advocate and educate about civil rights and rights abuses by law enforcement

and other Government and non-government agencies in India. The aim of CLMC is to encourage publicawareness of constitutional rights and encourage involvement of the whole community in preserving andprotecting them. In pursuit of this vision, CLMC mission is to undertake research and action focused onpreventing and ending grave abuses of the rights to physical and mental integrity, freedom of conscience andexpression, and freedom from discrimination, within the context of its work to promote all human rights.

CLMC is a civil liberties organization like any other human rights and civil rights organizations workingagainst the human rights violations of the general public and minority community in particular.


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Remembering KannaProf. Rama Melkote

Kannabiran, the Civil Rights lawyer, theDefense Advocate, Kanna to many of us, to me,was a friend, warm and affectionate, who could makeyou laugh with his wit- no ordinary cheap wit- butbiting that could take you to the world of literature,English and Telugu. I always had my ears wide openwhen he spoke as he was not one of those who wereloud.

My acquaintance with Kanna goes back to theyear 1963 when I joined the Reddy women’s Collegeto teach Political Science where Vasant wasteaching English. I left after a year and returned tothe College in1967 and was pleasantly surprised tofind Vasant in the college. That is how Vasant andKanna became part of our lives. Emergency in 1975was what created a sense of belonging to a group oflike minded people-Veena, Lalita, Shatrughna, Vithal,Sarkar etc. Those were the days of beginnings ofthe new women’s movement, Civil Rights, HumanRights movements. Fake encounters in which thepolice simply killed, arrests of innocent people, torturebecame the order of the day. The setting up of theBhargava Commission, its hearings, and theenormous legal work it involved demonstrated whatKanna wrote in his book, The Wages of Impunitythat “the battle between the exercise of Rights andthe exercise of power has a long history”.Listeningto Kanna argue before the Commission waseducation itself for me. Our house in Himayatnagarwas a centre for many meetings when heateddiscussions used to take place but were alsoenjoyable.

I had the opportunity to listen to Kanna argueour case in the City Civil Court. This was such asmall case compared to all other cases that hefought – staged encounters, tortures, conspiracycases [Parvathipuram], Death Penalty [Bhumaiah-

Kishta Goud] illegal detentions etc. A Newsletter,“News and Views on China” was brought out byShatrughna, Sarkar and myself. We brought out twoissues when the State issued a ban on it and arrestedShatru and Sarkar and left me out, for some oddreasons. Who else but Kannabiran took up our case.When we were produced before the court, Kannaexposed the ignorance of the police of law and eventhe meaning of words such ‘proscribed’. The casewas dismissed. Kanna later told me that the judgeasked him as to why I was not wearing aMangalasutra as a married woman which amusedme so much.

The debates on Human Rights, on violence-State violence versus Naxalite violence were veryilluminating. Kannabiran’s arguments established theprinciple that killings by police in encounters aremurders and hence, violation of Right to Lifeunder the Constitution. Equally, killing an individualin the name of Revolution was also such a violationof Right to Life of the individual. I remember thedays when I was the Secretary of the Indianchapter of Amnesty International. Many radicalswere critical of such organizations of Human Rightsas bourgeois and liberal and not revolutionary.Kannabiran would point out that these institutions,even if they are liberal and have limitations; theymust be accessed in a system where the State is thebiggest violator of Human Rights. Kanna never felttired it seemed, as he was always ready to go on afact finding committee, or to address a meeting, orto go to the police station to get some one releasedor file a petition… he would put us to shamesometimes.

Yes, Kannabiran was a great Defense Lawyer,but Kanna was such wonderful human being… Thatis how I will remember him. CLMCI

The relationship between violence power and the law is especially evidentto those committed to democratic values. There is an overwhelming playof violence as power and power as violence, sometimes in breach of thelaw and sometimes as a tool for its enforcement. If violence in society isperceived as a breach of the law, the law itself is equally violent and infact has an even more debilitating effect because of its systematic andthrough ruthlessness backed by official sanction.

-K.G.Kannabiran

CIVIL LIBERTIES Bulletin - III

Kannabiran - A True Secular DemocratVara Vara Rao

Kannabiran throughout his life stood for justiceand values of secularism and democracy, but notjust as a secularist. Although he hailed from aHindu Vaishnav family, his brothers and closerelatives were communists. In the then Madrasprovince, A.S. Chary, who was one of the prominentfounder members of the Communist Party, was hisrelative. He was also associated with the trade unionleader Ramamurthy from childhood. His role modellawyer was the then prominent communist KumaraMangalam. Kannabiran grew up in Nellore since hisfather deserted his mother and married again. Therehe along with his brother came under theinfluence of the then communists Seshadri,Dr.Pucchalapalli Ramachandra Reddy andSundarayya. His intellectual efforts in associationwith his brothers transformed him ideologically.Previously with a Marxist outlook, he increasinglycame under the influence of secular democracy.This perspective helped him a great deal inunderstanding law as a practicing lawyer and alsoin creatively interpreting the constitution. Hewould always say that the constitution and thelaws should be interpreted in the light of thePreamble, Directive Principles of State Policy andFundamental Rights.

In his 62 years of law practice, through awonderful and creative application of theconstitution, he argued in and outside the court andwon many cases.

Kannabiran’s legal career started in 1953 as hetook up the citizenship case of Asiya Begum. Afterthe division of the country, when she was living inMadras as a refugee, he argued her case for thiscountry’s citizenship and won. He succeeded inexplaining how partition created a mechanical andbrutal division of human relations between both sides.From then until his death i.e. for almost 60 years, healways stood as a reliable friend to the Muslims withhis secular and democratic perspective. In his lastdays, among the cases he fought for a long time inthe High Court was the issue of reservations forMuslims, and against the death sentence of AfzalGuru, which he argued personally at the Delhi leveland later through writing. Both these cases remainunresolved. Not only this, we rarely find a personlike him who can argue so efficiently andphilosophically in support of reservations for Muslimsas a democratic right considering their backwardnessand oppression. Today in India, although Muslims do

not face untouchability like Dalits, they are treatedas outsiders and even as foreigners. The Hindutvaforces may treat non-Indians as foreigners, but theyalways suspect Muslims as anti-nationals.Kannabiran always believed that Muslims like Dalitsare the main productive forces in this country andtherefore they contribute to the production ofindigenous culture based on which they have theconstitutional right to reservations.

Once when an intellectual, who supports the dalitcause and opposed the Hindutva ideology, said toKannabiran that he wanted to join Christianity,Kannabiran responded by saying that it was easy todo so since it is not risky like converting to Islam!But this does not mean that he supported thedominant tendencies in religion. One day I wastravelling with him in his car to the High Court. Whenwe reached the Salarjung bridge, he showed me astatue and asked me whose statue it was. I said,Shivaji’s. He said, ‘look carefully.’ Then I said, ‘yes,it is Chatrapati Shivaji’s.’ He said “does it notresemble Salahuddin Owaisi?” I was surprised. Hefurther said “at Rashtrapati road, Secunderabad,Gandhiji’s statue looks like Seetaiah Gupta’s (once acongress party leader and freedom fighter), atTankbund, the kings’ statues resemble NTRs”.

I got a chance to observe Kannabiran closelyduring Rameeza Bee case, after emergency.Rameeza Bee-a poor Muslim woman- whilereturning with her husband from the cinema-was heldillegally at Nallakunta police station and her husbandwas killed and she was gang raped by the police.From the following day, the police propagated thatshe was a prostitute. They produced her in the court.There was a huge protest all over the state.Thousands of RSU and PDSU students helddemonstrations in front of Nallakunta Police station.The whole country took notice of the issue. Thegovernment was forced to appoint a commission toenquire into the Rameeza Bee rape case under thesupervision of Justice Mukatadar. The arguments putforth by Kannabiran before Justice Mukatadar onbehalf of Rameeza Bee stand as a testimony to thedemocratic culture. He did not get into the issue ofwhether Rameeza Bee was a prostitute or not. Heargued that even a prostitute should have completefreedom and right on her own body. He asked,weren’t prostitutes produced by this society? Hebrought women from Hyderabad Mehendi to JusticeMuktadar and recorded the names of political leaders,


police officers and the so called importantpersonalities in the city who have been involved inthe sexual exploitation of these women.

Even though the Commission, following the HighCourt order, registered and argued Rameeza Bee’scase as a case of murder and sexual harassmentand eventually ordered punishment to the policemen,the High Court finally acquitted them as innocent.

In Hyderabad city, from 1978 to 2010, there isno single occasion where Kannabiran would not havequestioned as a human rights defender in the courtson the discrimination, attacks, injustice by the stateand police against the Muslims. He always stood byMuslims, be it during H J Dora’s period when Muslimyouth were encountered for allegedly having linkswith Naxalites or the ISI, or in the case of Saibabatemple bomb blast when innocent Muslim youth werebooked under false cases, harassed and tortured bythe police, or when Hyderabad (old city) Muslims wereattacked and killed in the name of communal riots.

During Emergency, when a Muslim pehelwaannamed Sayeed Bin Ali popularly known as SayeedPehelwaan was arrested under MISA (Maintenanceof Internal Security Act), Kannabiran not only fileda writ petition on his behalf, but also, when that manwas murdered in the name of encounter duringChenna Reddy’s regime, after the emergency, hefiled another petition in the court demanding that acase of murder should be registered against theculprits. As a civil rights leader, he held seriousdemonstration outside the court.

As the president of APCLC, Kannabiran stronglycondemned the killing of hundreds of old city Muslimsby the goons and Rayalaseema factionists with bombsand talwars under the leadership of RajashekharReddy in order to destabilize the Channa Reddygovernment and bring in Neduramally JanardhanReddy as the new Chief Minister. He argued thatthese attacks on Muslims should be seen as attacksof capital on labour and the skills of manual workers.He also said that the Hindutva attack on Babri Masjid,attacks on Muslims of Hyderabad and the change ofpower in the city should be understood as part of theglobalization process initiated by the imperialist forcesin 1991. He said that, these incidents made it clearthat the Hindutva forces were openly acting as agentsof imperialism.

After the Gujarat genocide, Kannabiran took partin the people’s tribunal under the supervision ofjustice Krishna Iyer and he argued that, in 2002 i.e.after ten years, this genocide has proved thebrutality model of Hindutva development.

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Kannabiran widely travelled from Kashmir toCoimbatore and condemned and fiercely foughtagainst the attacks by the State and the Hindusociety on Muslims in the name of Lashkar-e-Toibaand Terrorism. He struggled in the court tirelessly.He argued on behalf of the Muslim youth who wereaccused in the case of attack on L.K. Advani inCoimbatore. It was perhaps not possible to recordall these things in his 24-hour autobiography.

About the incidents of the Makkah Masjid bombblast as well as subsequent police firing, and the deathof poor in both incidents and about the court cases,arguments, and so on, Lateef Md. Khan, who hasbeen deeply involved in these issues, should tell usmore, but I shall share some thoughts.

During Friday prayers at Makkah Masjid, whenthe bomb blast took place, I was addressing a writersmeeting at Indore in Madhya Pradesh. When themedia wanted my response on it, I said that it mustbe the handiwork of the government. Next day, whenI saw the newspapers, I found Kannabiran’sresponse and he too expressed the same opinion.He also added that, in the past, military forces inKashmir took part in such blasts and killings andblamed the militants.

For more than a decade, Lateef Md. Khan hasbeen fighting for the rights of minorities and thegovernment has registered a number of false casesagainst him and even attempted to kill him. Whenthe revolutionary movement was strong, theyaccused him of having links with the Peoples Warand later they have been harassing him for allegedlyhaving links with the terrorists. Kannabiran, as a civilrights leader and as a lawyer and as someone whocould be looked up to for help, always supportedLateef Md. Khan and the people he represents.

When Lateef Md. Khan met me at the time oflast rites of Kannabiran, not only his but all thesuppressed Muslims heartrending grief was visible.

During the last thirty years the training that hehad given to several people has in turn given them avoice. Now Muslims have built the rightsmovement by themselves. They are also fightingalong with the anti-imperialist and anti-GreenHunt forces.

In forty years, a Madras Tamil Vaishnav Brahmincompletely got transformed into a secular democraticHyderabadi. Resting at the East Maredpallygraveyard, he must be listening to the Duva (prayers)for him from the Makkah Masjid everyday. Hisremains will always be dreaming of a beautifulsecular democratic egalitarian society. CLMCI


Kannabiran believed in Individual, InstitutionProf. Kancha Illaiah

Kannabiran, one of the most noted civil rightsactivists of India, passed away quietly at his homeon December 30. True to his nature, he had told hisfamily members not to make his dead body apropaganda material and an object of sloganeering.He was one of the most tireless proponents of therights of people suffering from state oppression andalso civil societal oppression to an extent. I was oneamong those who got inspired by his unconditionalrespect for human rights. He was an efficientlawyer who argued for the rights of the defencelessfor long time in the Andhra Pradesh High Court andalso in the lower courts.

I heard about Kannabiran in a midnightprocession in the 1975 Emergency days fromOsmania campus to Mushirabad central jail to stopthe hanging of Bhoomaiah and Kista Goud, who werefacing a death sentence in a case related to a politicalmurder. That midnight itself, Kannabiran managedthe stay by moving a petition at the residences ofJustice Chinnapa Reddy and Gangadhar Rao, whoproved to be pro-people judges over time. I was aMA student in those days. Since then, I hadoccasional meetings with him. After he became thepresident of the Andhra Pradesh Civil LibertiesCommittee (APCLC), I used to meet him and holddiscussions. Later, I joined that organisation in theearly nineties.

He was a legal expert with immense knowledgeof history and the Western philosophical tradition ofcivil and democratic rights. What impressed me mostfrom my visit to his house in the post-Emergencyperiod to when he was arguing for the rights of Left,democratic and the Naxalite activists before theBhargava Commission, was his erudition that wasnurtured by his home library. Those were my daysof class ideology.

For a long time, Kannabiran was a supporterof the People’s War Group’s individual annihilationtheory as part of his understanding of the right torevolution. I was a supporter of Nagireddy’s line ofrevolution, which opposed the theory and practiceof ‘revolution through elimination of class enemies’.That group used to be ridiculed as a vegetarianrevolutionary group by activists around him. Yet Iused to maintain contact with him because of hislegal and social perspective and commitment to thecause of civil rights. Though I was not counted in

the category of intellectuals that APCLC had,Kannabiran used to entertain me with sympathy andwarmth.

After I joined the APCLC, caste became myprimary concern and the Mandal movement pushedall of us into a new mode of understanding of casteand human rights itself. And we also looked at ourown caste backgrounds. This was when I wrote aletter seeking a change in the leadership of theorganisation based on caste. Though Kannabiran wasupset and argued against bringing the caste questioninto civil rights, he moved out allowing M.T. Khan tobecome the first Muslim president of the organisation.

Kannabiran was the ‘least Brahmin and mosthuman’ of intellectuals that I have ever met fromthat community. Of course there are many amongwomen - including his wife Vasant and daughterKalpana. It is one thing to talk and write abouthuman rights and another to live as a human rightspractitioner in day to day life. Kannabiran was deadagainst the pyravee culture in courts and otherinstitutions. He never sought refuge in the goodwillof judges who heard his arguments.

For him protection of civil rights was a questionof reason and not of sympathy. He never met hisChief Justice or any other judge for any favour. Ifthey did not grant bail he would fight for it again andagain. Kannabiran was a believer in efficiency ofindividual and institutions. He himself was veryefficient in arguing cases on the grounds ofreasonableness, ideological amenability and fairness.

He also believed that justice should not onlybe fair but must also appear to be fair. At thesame time he was the one who went whole hogwith those of us who were for reservations. Hewould say “I know judges and lawyers whocame from my own caste background and areabsolute duffers. So where was the merit in pushingthem upwards?” In one sense Kannabiran was astrange combination of democratic ideals and the rightto revolution of the Maoist mode. He gradually movedto an understanding that revolution has to beresponsible for life - even that of an informer or apolice constable. He then began to condemn boththe state violence and also the Naxal violence thatwas of indiscriminate nature.

Contd on page. 8


This decade we have witnessed loss of civiland human rights defenders and activists fromamong us suddenly one by one. Advocate ShahidAzmi, Advocate Balagopal, Prof.Iqbal Ansari,S.R. Sankaran and K.G..Kannabiran. Whileadvocate Shahid Azmi was murdered brutally by theHindutva goons just because he was defending thecases of innocent Muslim youth who were falselyimplicated, he was tirelessly fighting for their rights.On the other side, Dr.Binayak Sen is given lifesentence by the Judiciary because as a doctor byprofession, he was serving humanity which is a bigcrime and threat to the so called biggest democracy.We have seen Advocate Balagopal suddenly leavingus all alone in the path of fight against state violence.Prof. Iqbal Ansari was a champion of protection ofcivil rights and worked on issues such ascommunalism, religious freedom and communalharmony and minority rights and then passing awayof S.R.Sankaran is another shock for the activistsas well as people because he lived selfless and simplelife even though he was an IAS officer and ChiefSecretary to the government of A.P. and struggledfor the rights of the people.

Kannabiran’s demise is a great loss to thesociety especially to the activists; the loss cannot bedescribed in words. There is no word or sentencewhich can describe his work, his efforts towards thepeople in need of justice. I met him couple of timesand remember one particular meeting when I wentalong with our team of civil liberties to present himour first copy of the magazine. He asked my detailsand said ‘I am very happy that you have become acivil liberties activist, keep doing the work’ he shookmy hand and wished me good luck in future.

I along with our team were translating his articleon pluralism and communalism into Urdu, it had takena week of time for us to complete the translation.His writings are so deep and powerful that one needsto read them again and again and each time one willunderstand them in different ways. One can learn alot from his writings. Whatever he spoke, withoutreferring the articles and sections from theconstitution, he would not speak. He might be theonly person who must have read and known eachand every part of the Indian constitution.

His writings are the lessons to the activists andadvocates; they inspire and can become the guide to

the new activists and help in improving their workfor civil and human rights. He had the knowledge ofeach and every issue and could speak on how thework can be done on a particular issue. He wouldspeak how the violators of law can be madeaccountable or atleast make them feel guilty of theiracts. When acid attacks on women were taking placecontinuously and debate was going on to frame newlaw on this issue, he had written about it saying,‘making new laws will not solve the problem inturn it will be burden on our statute book andthe citizen would not know under which law he/she is being prosecuted. Such large number oflaws will give lot of scope for the investigation toplay with the lives of the citizens’.

Thus, in this manner he would explain as to howthe fight should continue by using the laws existingin the Indian constitution. He would stress on thelanguage to be more acceptable to a largerconstituency of Indians to be read, about what wewrite. Therefore, I will end with what Kannabiranhad said once, “Democratic practice is acontinuous practice unlike campaigning forelections, hence work for complete Democracy”

My association with a legend - KannabiranKaneez Fathima

CLMCI

8

Occasionally I was part of his home front ‘nonBrahmin’ parties - eating meat and drinking ‘non-revolutionary’ liquids in reasonable limits. Once I wastravelling with him in a train overnight. In those daysI had puritanic revolutionary practices and had evengiven up my occasional toddy. But Kannabirancarried a small bottle of whisky with him. Out of myenthusiasm to be a good revolutionary I objected tohis opening the bottle - that too in the train. He said“I am neither a Gandhian nor a hypocritical idiot”and had his small drink. Of course slowly I too cameout of that kind of revolutionary puritanism.Kannabiran had in his smiling face both arroganceand childlike innocence. Even when I was youngand on the other side of the revolutionary fence hewould drive his old generation car to take me to hisprivate pleasure place - Fatehmaidan Club -for aglass of beer. He would then lecture on the famouscase of Sacco and Vanzetti. Through his death, anold but fine brain has stopped functioning at 81. Andwe feel the loss.

Contd from page. 7

CLMCI


K G Kannabiran - greatest source of Inspiration Mahtab Alam

He, who has gone, so we but cherish hismemory, abides with us, more potent, nay, morepresent than the living man. -Antoine de Saint

Exupéry

A Lot can be said about K G Kannabiran. ButI am not the right person who can tell you muchabout his life and work as I don’t know himpersonally except what has been told and written onvarious occasions by his friends and comrades.Nevertheless, for me, he is one from whom I takeinspiration and try to follow in his footsteps. Being acivil rights’ activist and eager to join theprofession of law, not to make money but to fightagainst injustices, Kannabiran is one whom Iconsider to be my role model. So, it was quite obviousthat when the news of his death reached me, I wastaken aback. This news, so soon after SurendraMohan ji’s death, was very distressing.

I first met Kannibaran in August 2008 atHyderabad, in a peoples’ tribunal on the AtrocitiesCommitted against Minorities in the Name of FightingTerrorism, in which, he was there. In fact, till thedemise of Kannabiran, many of the activists acrossthe country still thought that he was the President ofPUCL, though it was not so as Prof. Prabhakar Sinhahad been elected the President in November 2009. Iam mentioning this because on his demise when Iinformed many activist friends of mine their responsewas, Oh, Kannabiran Sahab…PUCL ke nationalpresident!

At the tribunal, he was one you could easilysingle out in a strong gathering of 150 people.Kannabiran was sitting on the dias with other jurymembers, listening to the victims or their friends,family members or comrades, very calmly and inbetween asking questions when required. It has beenmore than two years since the tribunal but I can stillrecollect Kannabiran sitting there in front of me andthe proceedings of the tribunal going on. Recently,when the final report of the tribunal was published, itbrought back memories of Kannabiran and theobservations he had made at the tribunal. He hadmentioned, at the end of the tribunal that, “The tribunalraises a serious question as to how plural societieshave to be governed. India is a plural society and theconstitution is designed to govern plural societies butgovernments do not reckon the existence of pluralsocieties and that is why you will find that thedominant community’s attitude determines whether

there is peace or not in the country. And this particularmethod of governing and targeting the minorities isnot going to be put to an end by inflicting assaults onthem, denying them the advantage of rule of law,denying them equal opportunities and subjecting themto tremendous repression, assault on minorities is notgoing to put an end to terrorism. In fact suchgovernance produces rebels”.

He further added, “After hearing the tortureand other things all these days, I am concerned thatit was an old hat I have been fighting against for avery long time. This is the only way they know ofputting down people. After 9/11 what hashappened is Muslims are portrayed as terrorists. Inthis country in 1984, when Sikhs were massacredon the streets of Delhi we recognized that there isanother minority. Till the Sikh riots happened wethought only Muslims were a minority. They haveattacked Dalits, they have attacked Sikhs, they haveattacked Muslims and Graham Stein, a Christian waskilled and the next jump is to that position. So, unlesswe now intervene and claim that minorities have anequal right to live in this subcontinent, have an equalstatus with the Hindu community, we will not be ableto eliminate this kind of violence, it will becomeendemic and almost all the countries it has been madeendemic by foreign interference, for instance, SriLanka, Buddhists and Tamils, very much near home.So if you want to avoid these ethnic fights it is notyour law and order menu that is going to save it butit is your change in structure in your governancesuitable to a society of plural communities and ourconstitution has made excellent provisions in thatregard.”

He was so famous and he deserved it as well,that in his life time only, a part-biography, part-historydocumentary was made on him. Titled ‘TheAdvocate’ , the 130-minute film, directed by DeepaDhanraj, documents the contribution of Kannabiran,the then national president of the People’s Union ofCivil Liberties (PUCL), in challenging the Indian Stateto uphold the rule of law in institutions of governance,justice and political praxis. The film covers the periodfrom 1968 till 2005 and tries to cover his landmarkcases, his work as secretary of the TarkundeCommittee and the Bhargava Commission. He wasnot only popular amongst human rights’ activist,lawyers or students interested in these issues butamongst people who are not a part of the human


Contd on page. 12

K.G. Kannabiran Articles

Separation of Telangana from Andhra Pradesh:Formation of smaller states for administration

of plural societiesK.G.Kannabiran

I am presenting the view point of PUCL on theissue of separation of Telangana from AndhraPradesh and constitute a separate State by thatname. We, in PUCL, when Rajini Kothari was thePresident debated about the formation of smallerStates for administration of plural societies in termsof the DIRECTIVES contained in Part IV of theConstitution. It would be much more easier togovern than the present unwieldy states like UTTARPRADESH, WEST BENGAL, MADHYAPRADESH, and ANDHRA PRADESH where thebackward regions of the state may not receive theattention that they are eligible to under the Equality

Scheme of the Constitution. In fact anticipatingsuch situations the Parliament enacted the FortySecond Amendment introduced Part IVA, setting outthe Fundamental Duties of citizens. Like the DirectivePrinciples of State Policy, this may also not beenforceable on courts; these like the Directivescannot be ignored. In assessing the conduct of citizensand in assessing the character of the claim of citizensthey set down the permissible limits of governanceand citizens’ claims. Such assessments lead to theevolution of constitutional culture.

We refer to Article 51 A (e) which reads:“to promote harmony and the spirit of brotherhoodamongst all the people in India transcendingreligious, linguistic and regional or sectionaldiversities…” As Brandies J pointed in one of hisjudgments “Government is a great teacher” and thatthe AP Government and the central Governmenttaken care to implement the understanding on thebasis of which the Andhra and the Telangana cametogether as per the spirit of this Article or taken intoaccount the mandated principle set out in Art.38 (2)viz. “ striven to minimize inequalities in incomes andEndeavor to eliminate inequalities in status,facilities and opportunities..” as between peopleresiding in the Andhra and Telangana regions.They would not have been confronted to thepresent unfortunate situation. In all these years ofthe Constitution, we have not developed aConstitutional morality or culture that when issues

of plural societies confront us we are not able todeal with them.

Failure to comprehend the reasons for aseparate State for the Telangana is on account ofthe failure to understand what plural governance isall about. On linguistic grounds, the Andhra Statewas formed in 1953. One of the principal groundsfor a demand for a separate State was the unevendevelopment of the Andhra region and the Tamilregion. This was done without the matter beingreferred to a State Reorganization Commission. ThisCommission came into being after the Andhra Statewas formed. This perhaps provided the model fordivision of the country into constituent states.

Reorganization Commission was constituted toredraw the administrative and political map of India,and in a way, sever the connections with what wascolonial India. In the process, Telangana’s mergerwith Andhra posed a problem, which has beensurviving for the past six decades. The members ofthe Commission were Justice Fazal Ali, K M Panikkerand H N Kunzru. The Report was submitted in theyear 1955. Paragraphs 369 to 389 deal with the issueof Telangana and its integration with Andhra. TheCommission adverts to the claim for a separateTelangana State.

Para 375 of the Report reads as follows: Thecase of Vishalandhra thus rests on arguments, whichare very impressive. The Considerations which havebeen argued in favour of a separate Telangana State,however are not such as may be lightly brushed aside.

Para 376: The much higher incidence ofland revenue in Telangana and excise revenueto the order of Rs. Five crores principally explainthe difference. Whatever the explanation maybe, some Telangana leaders seem to fear that theresult of the unification will be to exchange somesettled sources of revenue, out of which developmentschemes may be financed, for financial uncertaintysimilar to Andhra is now faced. Telangana claims tobe progressive and from an administrative point ofview, unification, it is contended is not likely to conferbenefits on this area.


Para 377: When plans of future developmentare taken into account Telangana fears that the claimsof this area may not receive adequate considerationin Vishalandhra. The Nandikonda and Kishtapuram(Godavari) projects for example are among the mostimportant which Telangana or the country as a wholehas undertaken. Irrigation in the coastal as of thesetwo great rivers is however planned (in) Telangana.Therefore, it does not wish to lose its presentindependent rights in relation to the utilization of thewaters of Krishna and Godavari.

378. One of the principal causes of oppositionto Vishalandhra also seems to be the apprehensionfelt by the educationally backward people ofTelangana that they might be swamped and exploitedby the more advanced people of the coastal areas.In the Telangana Districts outside the city ofHYDERABAD, education is woefully backward.The result is that lower qualification is accepted inAndhra for public services. The real fear of thepeople of Telangana is that if they employ Andhrathey will be unequally placed in relation to theAndhras and in this partnership, the major partnerwill derive all the benefits while the Telangana itselfmay be converted into a colony by the enterprisingcoastal Andhra.

382: It seems to us therefore, there is much tobe said for the formation of a larger state and nothingshould be done to impede this goal. (!) At the sametime, we have to take note of the important fact thatopinion in Andhra is overwhelmingly in favour of thelarger unit. Opinion in Telangana is still to crystallize……the unification of Telangana with Andhra, thoughdesirable should be based on a willing andvoluntary association of the people and that it isprimarily for the people of Telangana to take adecision about their future.

After the II Struggle for a Telangana State hascommenced, Chandrasekhar Rao has assumed theleadership and people are responding in largenumbers to his call. He was never seen protestingagainst the injustices in the state and the least vocalamong the legislators in the State Assembly until hetook up the cause of the ongoing II TelanganaStruggle. As a good student of parliamentarydemocracy, he was tongue tied by party disciplineall these days. In the life of a man there comes atime when one has to say ‘thus far and no further’when that time came he threw up his position in theRuling Party and is leading the struggle for aseparate Telangana State. His Party Leader being a

parliamentary democrat he has not only allowed himto dissent but also facilitating him to hold suchmammoth meetings without unleashing his police onhim and his adherents. Chandrasekhar Rao’s smoothtransition from a Deputy Speaker’s position to theleadership of a struggle for separate statehood hasraised some eyebrows and to bring down the raisedeye brows to their normal level will take some timeand some convincing.

Before going into those aspects, a briefreminiscing of the previous struggle for aseparate state would be in order. The strugglecommenced on 6 Dec 1968 the day on which thestudents of Osmania University went on a totalstrike. It is recorded that in that struggle around370 persons laid their lives. Marri Chenna Reddyled the struggle and let down the struggle. Allthat the Telangana people got in the bargain wasnothing and the educated classes in governmentservice got Article 371D, and a Service Tribunalto litigate for posts of promotion and seniority.The Telangana employees in the service of thegovernment did not secure the parity forwhich they fought. In the private sector, theindustries that were set up in the erstwhileHyderabad State were progressively closedthereby reducing opportunities for employmentand the employment in public sector and otherundertaking did not add up to even 25%. Therecord in literacy is bad.

There is considerable disparity between irrigableland and land brought under irrigation. Despite theregion being a riparian region of two inter staterivers, the water available for irrigation from thesetwo rivers is not worth writing home about. Theconfrontation between CPI ML PW and the statehas resulted in leaving the land fallow. Theleadership from the region was indifferent to thewater requirements of this region. Small farmers inthe rural Telangana are the worst hit. More than150 Mandals have been declared drought andfamine stricken areas in this region. To deal withthese problems the region is facing, a climate ofdemocracy is necessary. The state has effectivelydenied this very climate, which was so necessaryfor proper governance of the state. Withoutorganizational support, which alone gives meaningto social and community living, those people areunable to effectively confront these problems arefinding individual solutions in suicides. TelanganaRegion has not known democracy for three decadesnow.


CLMCI

The question is what does the present demandmean to the people. They voted NTR because hepromised self-respect to Andhras. They werespectators to a family dispute for succession. Nowwe have a unified ruling party without any internaldissension. But look at the governance. There is aracket in the sale of children. Even in this unholysale, the mother gets next to nothing. The police aremixed up in this also. Custodial taking place. Theyno longer use guns. They use swords to kill. Thelawless order is there for all to see. Human rightsviolations of all varieties keep occurring in Telanganaregion. There are state sponsored criminal gangs inoperation, which were used against two innocuouscivil liberties activists. People would naturally like toknow the stand of the separatist leadership on thesevarious problems which have been promoted or leftuntackled by the ‘integrated state’ till now. We arehere concerned with this movement’s attitude tohuman rights and right to life and living. What arethe ideas or views the separate state movement hason these issues? We believe that a proper perspectiveis crucial to this movement. A government with anegalitarian perspective and program may reduceadherence to the present Naxalite movement andthey may even be willing to participate in theemerging unsullied mainstream politics of theTELANGANA STATE.

The Telangana issue is not just a political sloganit has a socio economic and cultural angle to it.Whatever the permutations and combinations ofparties that may rule the state, history has taughtthem that the people of Telangana have always beensubjected to relentless exploitation. Theapprehension of such exploitation was there evenbefore integration of states was thought about. Noother regional people have such a record of betrayalfrom its own leadership, intellectual and political... Ifthere is one moral certainty now, it is that people riseagainst this state of affairs. The disaffection will beopen and defiant for the discomforts of disaffectionwould become preferable to this meaningless andfruitless integration imposed on them by theiropportunistic leadership.

But the question is will the leadership beprepared to bear the discomfort of disaffection. Forit will be defined as disaffection when the state feelsthreatened. A state which uses force to disperseAanganwadi women protestors, which opens fire tokill and maim protesting processionists againstincrease in electricity tariff is not going to allow the

separatist movement a free run howeverconstitutional and peaceful the movement mayclaim itself to be.Concerned Citizens Committee hasbeen fighting for democratic space. We are glad thatspace is available for this movement. How well willit be used? How long will it be available? The Stateand the PW are the probable disrupters of this space.The state may queer the pitch by using PW as apretext.

I believe in smaller states. So does theorganization, which I represent. We do feel we arejustified in asking the movement for a separate state,whether they would scrupulously honor human rightsin the course of the movement and after theattainment of a separate state. Or will it be yetanother Law and Order State?

12

rights movement. And I remember a friend of minewho was not a human rights’ activist or even partof ‘social sector’ being shocked by his death.

But despite this popularity and fame, he wasnot interested in showing off. Few years back, manyorganizations of Delhi organized an event at theIndia Habitat Centre, in honour of him, recognizinghis great work. He was supposed to be there butcould not come giving health reasons. But Iperceive that this could not have been the realreason which could have been that he was reallynot interested in the demonstration of his work. Thebest proof of this was his last wish that his last ritesshould be simple, speedy and secular.

Needless to say, his demise is a great set backto the civil rights movements and democraticstruggles across the country. In his death, manyorganizations have lost their patron, advisor andphilosopher. People like me have lost their mentorand one of the greatest sources of inspiration. But Iam also reminded by his words, which he wrote tome after the demise of his friend, Prof. Iqbal Ansariin October 2009, “I suppose all of us are waiting tobe put back in the closet one by one.” We can hardlybelittle these words of his as it is a universal truth.So, it is better that we start working harder andharder, because that is not only the best tribute toKannabiran but also the need of hour.

(Mahtab Alam is a civil rights’ activist andindependent journalist. He can be reached [email protected])

CLMCI

Contd from page. 9


Acid Attacks: Every physical attack on human bodydoes not require a new criminal code

K.G.Kannabiran

Acid attacks are covered by the Indian PenalCode under sections 318 and 320 dealing with ‘hurt’and ‘grievous hurt’ respectively. In fact clause sixthof that section states ‘permanent disfiguration of thehead or face’. Apart from this, such attacks arecovered by use of criminal force and assault undersections 359 and 351 of the IPC. We can suggestadding “Provided in the case of offences againstwomen the Court may call for the views of the StateWomen’s Commission on the grant of bail”. In fact,this course may be followed in the case ofMinorities and the Scheduled Castes and Tribes. Infact it would be better if the respectiveCommissions are associated with the stages whenthe final charge sheets are filed and when chargesare framed by the courts. These amendments mayhelp regulate judicial discretion and the discretionexercised by the Investigation agencies. Thecomplaint of the women’s groups and the Dalitgroups have been that very perfunctory attention ispaid at the time when the investigation finalizes anddraws up the charge sheet and when the court framesthe charges. This would be in consonance with pluralgovernance, which is sadly lacking. It has alwaysbeen male/dominant community governance and theirviews on these matters. Courts are no different inthese majoritarian decision making process.

The problem with such unthought-of,

uninformed and populist reaction would be toneedlessly burden our statute book. There will be somany laws that the citizen would not know underwhich law he/she is being prosecuted. Suchproliferation of laws will give lot of scope for theinvestigation to play with the lives of citizens. It maygive scope for litigious ness, which may stall the veryobject of law. In fact, litigiousness has stalled theprocess of any cultural change for the adjustment ofthe plural societies to live in equality and with equalstatus.

Penal laws can never bring about culturaltransformation, nor correct social imbalances. “Topromote harmony and the sprit of commonbrotherhood among all the peoples of Indiatranscending religious linguistic or sectoraldiversities, to renounce all practices derogatory towomen.” This is not some rhetoric but aFundamental Duty recommended to us by theConstitution as a way of life and as part of theComposite Culture. These are recommended to getrid of the bigoted and stifling traditions andpractices to which we are heir to and even aftersixty years, we never did anything to get rid of them.Penal laws in this field effectively applied can helpcultural transformation along with other efforts forthe realization of the Fundamental Duties alone canhelp this society to be a mature society.

Should Arundhati Roy be prosecuted for sedition?K.G.Kannabiran

Should Arundathi Roy be prosecuted for herlong seditious piece in outlook actually campaigningfor disaffection against the Indian state, which wasvoted into power by people exercising their franchise,which is the untrammeled free speech under Article19 of the Constitution?

When she accepted the invitation by the Maoistto visit the areas under their control, she will becommitting offences of sorts. They are not capitalbut if proceeded against can plague your patience,as it did Binayak and Ajay. The latter got off verylightly but not Binayak because he is attending totheir healing the tribes and therefore strengtheningthe Maoist onslaught. So, he is held on short leashuntil the end of the trial of all.

Not all the global campaigning for him led tohis release. Yet, we are apprehensive of her arrestand the e-mail on my computer tells me that there isa flurry activity to prevent her detention.

Fortunately, Mrs. Gandhi anticipating such badtime brought forth certain Amendments toConstitution. One such Amendment is a Chapter onFundamental Duties and all the Duties arecompressed in Article 51. Clause (b) of that Articlereads, “To cherish and follow the noble ideals whichinspired our national struggle”. Arundhati Roy wasspeaking out against the injustices and deprivationsthat were brought about by unconstitutionalgovernance in those. Her article never said anythingdifferent from what Gandhiji said before Judge

Contd on page. 16

CLMCI


Appeal to Bar Association to perform

their professional responsibility

Dear Members of the Bar,

I am currently embarking on what maysuperficially appear as an unpopular cause. I learnyou have passed a resolution not to defend the SIMIstudents in courts. The decision not to defend themis our own understanding of the profession. Thisunderstanding of the profession springs out of ouruse of this profession as a means of livelihood, forthe successful for aggrandizement for over longperiods of time. We have inherited the adversarialsystem, which, if harnessed properly may enable usto lay bare the facts leading to the crime. But theprofession believes in success and the adversarialsystem gets the better of us and the fight withincourts has always been a fight sans values andtherefore sans justice. We are today afraid of themonstrous professional system and the members’diabolic skills which may let loose unconvictedcriminals on the society by a quixotic verdict is ourcollective fright. Such resolutions denying legalservices express the rage of the profession at thedistortions the successful members have over acentury and more have introduced whichunfortunately defines the character of the profession.It is like Caliban’s rage looking at his image in themirror. I think we should think out things clearly andsee if we can reform the profession and our ownprofessional attitudes- even our human attitudestowards what administration of justice means. AsSir C K Allen points out in his Aspects of Justice“When we hear of atrocity and angrily demandretribution for it, there is often at the back of ourminds a fear that what has happened to the victimmight happen to us or ours…We revolt from it asfrom something not only ugly but menacing. It is notso much indignation as terror which is spread likethose of Jack the Ripper or the Radcliffe Highwaymurderer.”

First, we must recognize the fact that ours is aplural society where minorities have also a right tolive and have claims to equality of status.If you thinkabout it a little you will realize that we have neverconceded the rights of minorities to equal treatment.Not because we would not like to but we have notbeen told about it and we look upon them as ourcompetitors. The incompetent management of thesociety has been responsible for such ugly distortions.

While it may be true that some among them may beeven Islamic terrorists it would be wrong to kill themfor that reason or to deny them access to justice.Every citizen in this country is entitled to access tojustice and a fair trial. We have been notorious forsuspending Rule of Law partially whenever issuesof minorities’ women and Dalits confront us. Thismanipulation of partial functioning of Rule of Lawshould be fought against and we as advocates shouldnot be party to it. You may say that terrorist does notbelieve in Rule of Law. But we do and when suchinsituations crop up it is our beliefs and values thatare questioned and our steadfast adherence to ourbeliefs will campaign for our cause for sanity andpeace. In this crisis what get reinforced are ourequanimity and our tolerance and our sense ofjustice. Unless we culturally and socially recognizethat minorities are persons and not non-persons andthose they really do not enjoy that equality whichthey are entitled to. Unless they are accordedequality, notwithstanding their status this type ofviolence can never disappear. What is required isthe systematic effort to culturally evolve ourselvesout of the caste and communal culture which defineour world view. Today we may not have peace inthe society in which we live. It does not follow thatsociety should suffer such onslaughts by and againstminorities until such cultural transformation takesplace. Of course these crimes should be investigatedand punished as quickly as possible. It can benobody’s case that the guilty among the SIMI shouldgo scot-free. The Criminal justice system shouldeffectively function and demonstrate that the systemis devised not only to spare proved innocence, butalso to punish the guilty. Out of these twin attributesof justice the former alone finds expression for it islinked to the principle of liberty. Both aspects of thejustice system are public duties and both areconcerned with the principle of liberty, a rightlyaquitted person and a rightly convicted personenhances the value of liberty. While in the formerthe value is obvious in the latter case, the communitycollectively perceives liberty as a true value as suchdecisions instill a sense of security makes livesliveable.

K.G..Kannabiran

CLMCI


Kasab and his trialDebating about issues of public importance,

some of us very often feel ‘if I had handled the issueit would not have been dealt in this manner or therewould not have been such needless delay. Thedecision would have been swift. All of us may nothave the dexterity which little Jack Horner had inpulling out the plum. There has been a display of thistrend whether one interrogates a Home Minister onPakistan and the terrorists on the electronic mediaor discussing about the Kasab trial. So far as Kasabis concerned, the poll results through cell phones hasbeen swift and for speedy execution of Ajmal Kasab.Human Rights as a way of life is only sixty-one yearsold and values of our Constitutional system has beenwith us for only fifty-nine years. We have not yetunderstood the Constitutional philosophy. Ourunderstanding of the Constitution was put to test quitea few times and the Supreme Court failed the people.The last time it failed was during the Emergency of1975 in the “ADM Jabalpur” and for the first timean attempt was made in 1973 by the Supreme Courtin “Keshavananda”. When the institution was put totest when examining the extent to which theParliament can go and which of the provisions it canamend which are not amenable in theConstitution. In that process the Supreme Court hadto select what cannot be amended. They had to bysheer necessity, choose between the affluent andthe poor and the interests of the affluentexploitative order, between the hegemony of theHindu Majority over the sub and subordinate castesand the minorities and the indigenous tribes in thisPeninsula for centuries with the rest of thepopulation preserving its own identities.

It should take some more time to understandthe Constitution at the lower levels of the judiciary.It is very unfortunate that it is taking such a longtime to understand what constitutional morality andculture is all about. The character of the criminaljustice system of a society is an index of thecultural levels of members of that society. It isintended to reform by punishment and mould theculture as well. Criminal justice system concerns withthe person and not just the citizen and it principallydeals with the liberty of the person. From the time,a suspect is apprehended and until the time he/she ispunished and sentenced, it is ensured that entireprocess is fair and the suspect should not feel theprevalence of prejudice, an attitude ofvindictiveness or bias while judging his/her guilt.

These are the accepted norms of the criminaljustice system in the civilized and democraticgovernance of all the countries. Our Country’sConstitution and our governance is no different. Interms of the law and the Constitution, these are thebasic assumptions.

The trial following 26/11 of Kasab from thecommencement has been on the wrong note. He isthe lone surviving suspect. He was refused tofurnish the copies translated into the language knownto him. True the language of the Court is Marathi. Ina multi lingual nation can a state in the Union insistthat the accused belonging to another constituentstate should not be furnished copies in the languageof the state to which he/she belongs? One cannot beCitizen of India and be denied equality of status asBal Thackeray would! Kasab wanted his age to bedetermined by medical examination and there waswide-ranging arguments and protest from theMaratha Citizens and not so boisterously by thelawyer population as well. He is entitled to a DefenseLawyer. The Counsel who was chosen to defendhim, by threatening phone calls and other forms ofharassment was not willing to continue. On 1/12 itwas reported that there was altercation in the courtbetween the defense lawyer and the presidingSessions judge and the Court, which was not unusual,revoked Mr. Azmi’s appointment as a defense lawyerand so he opted out of the defense. Immediately afterthis Mr. Azmi’s Assistant was asked to function inplace of Azmi. One can only hope these events werenot contrived. They were all arguing for his speedytrial to be followed by death sentence. The Statefound it hard to find a lawyer for the Defense. TheLawyer that was appointed was threatened. In theseovertly very adverse circumstances, the trial wasconcluded and posted for judgment. There is apressure on the judge to pronounce the judgment andafter that we all can gather around him and bay forhis blood.

The delay would not have happened if thecharges are not strung together. Had the Court notdone so this delay would not be there is the argumentput forth in the Newspapers? This argument ignoresthe fact that a whole chapter provides for framingof charges and the litigious problems of joindermisjoinder of charges and overlooks Article 21 ofthe Constitution. The purpose of Article 21 is not tojust strike down or invalidate prosecutions. If the


K.G.Kannabiran

Article is breached, it is primarily intended toinculcate a culture of conforming to the procedureestablished by law. The purpose is to inculcate a habitof legality whether the compliance or otherwise isquestioned in court or not. As held in “Maneka(1978)”unfair and unjust laws and procedure do notconstitute compliance with Article 21. Confessionwhether to the Magistrate and at the end the accusedmakes his statement to the court are governed by along string of precedents to consider, and in additionthe judge has his responsibility to the internationalpublic opinion in a CASE like this and to his Maker ifhe believes in one. Kasab alone is not on trial. TheJudge, the Constitution and the Rule of Law systemare on trial. Justice delayed, in certain cases, maylead to a fair just assessment of the case.

Mere numbers going to the poll quinquenniallyis not democracy. Trial and our Constitution and itsvalues are on trial. It is very tragic the way wereacted to the trial. He may not belong to thiscountry. He is not a citizen. But, the Constitutioncomprehends persons who need not be citizens incertain crucial matters. It is a universal juristicprinciple that procedure is the last defense whetherhe be a person or citizen. The Court to punish theguilty has to reach the conclusion that the case againstthe accused has been proved beyond reasonabledoubt. The important thing about the trial is that whatis arrived at is not truth, but only proof beyondreasonable doubt. That is civilizing principle and isthe reason why there is a very strong protest againstthe use of Death Penalty. In the Paranoia ofIslamic terrorism the events of 26/11 will produce,irrational reaction bordering on fascism and that

cannot be permitted. A wartime exclusionary orderfell for adjudication in Korematsu vs. United States.In his dissenting opinion Justice Jackson who wasworried that the military judgments on which theexclusion order was based was simply beyond thecognizance of the court. “In the very nature of things,military decisions are not susceptible of intelligentjudicial appraisal. They do not pretend to rest onevidence, but on information that often admissibleand on assumptions that could not be proved ….Courts can never have any real alternative toaccepting the mere declaration of the authority thatissued the order that was reasonably necessary fromthe military point of view”. The problems of evidenceand judgment that Justice Jackson was speakingabout were real but so are the ugly phenomena ofwartime hysteria and prejudice. The same is the casein Kasab. He under went a public trial in that thepublic at large participated in a big way in his trial.There was a big electronic media trial. The majorpart of the evidence can only be on credibleinformation that is very different from credible proof.

We are completing sixty-one years ofHuman Rights Regime. When it came it had onlyone purpose-to stall the progress of Socialism.Yet, the concept of Human Rights has becomedisengaged from the original context and remains asthe only bench mark for democratic governance.Kasab’s trial has an international dimensionand hence it is important to conform to theinternational and generally accepted standards offairness and justice.

Broomfield. I am quoting this as precedent. “Section124 A under which I am happily charged, is perhapsprince among the political sections of the Indian PenalCode designed to suppress the liberty of the citizen.Affection cannot be manufactured or regulated bylaw. If one had no affection for a person or systemone should be free to give the fullest disaffection, solong as he does not contemplate, promote or inciteto violence”. Arundhati freely expressed herdisaffection to the Home Minister’s way of carryingon the war against the people. She pointed in thatlong piece how you have been violating the two crucialfundamental obligations viz “The ownership andcontrol of the material resources of the communityare so distributed as best to sub serve common good.

How you have been violating clause ©viz, that theoperation of the economic system does not result inthe concentration of wealth and of means ofproduction to the common detriment”. Pointing outto the Government that they are functioningunconstitutionally. The accusation is you ceased tobe functioning like the government established bythe law and the constitution and Arundhati sent atimely warning and that cannot be sedition.Directive principles are politically enforceable andsuch enforcement cannot be concerned illegitimate.My Fundamental Duty prompts her to write whatshe wrote in the Outlook.

Contd from page. 13

CLMCI

CLMCI


Joint Press statement of PUCL and CLMCon the release of Amnesty International Report - 2008

on the occasion of 60th year of UDHRAs fraternal organisations, PUCL and Civil

Liberties Monitoring Committee, we arereleasing the Amnesty International’s World Reporton Human Rights to remind ourselves how littleprogress we have made in ensuring the presenceand guidance of human rights in our society. HumanRights are not just confined to personal liberty butthe entire spectrum of rights the peoples of the worldhave to better their living conditions and forenhancing the value of their lives in the society andthe country in which they are living. Almost allGovernments in the world have granted impunity tothe instrumentalities through which they govern theirpeople resulting in impunity being viewed as part ofand a necessary adjunct to governance by thesuccessive elected governments. Even after sixtyyears of the Universal Declaration of Rights wedefine our human rights by the violations that takeplace on a day to day basis. While terrorist targetinnocent persons, the governments target the innocentas suspects and implicate them in prolonged pretrialincarnation and deliberately belated trials. There is aproliferation of social and cultural divisions with allthese fragments belligerently sparring for a fight witheach other.

So far as our country is concerned, it hasbecome an exhibition arena for a varied assortment

of human rights violations inflicted by the State andhuman collectives. The State and the intolerantcollective alternately violate every freedom in theConstitution by the former by ignoring constitutionalguarantees and the latter by taking law into theirhands. Rowdism is the retail terror that is resortedto by these groups. Living in plural societies wecannot afford to be intolerant. Minorities and dalithsare equal partners in our engagement of bringingforth a society with equality in all its facets whereminorities and daliths are given equal opportunity inthe improvement of their lives and will be accordedequality of status so that caste and communitydifferences will take the back seats in regulating thelives of the people in their progress towards achievingthe Constitutional goals.

The Rule of Law sets the course leading to theConstitutional goals it does not except any body,institutions or person/s from complying with Rule ofLaw. Not even the Courts. They are asaccountable as ordinary citizens for their personalconduct their personal acquisitions for they like allelse in political life owe their existence to theConstitution for we all take oath of allegiance to theConstitution. The problem with our country has beenthe partial suspension of Rule of Law.

CLMCI


Pedro Algorta, a lawyer, showed me the fat dossier about the murder of two women. Thedouble crime had been committed with a knife at the end of 1982, in a Montevideo suburb.

The accused, Alma Di Agosto, had confessed. She had been in jail more than a year, andshe was apparently condemned to rot there for the rest of her life.

As is the custom, the police had raped and tortured her. After a month of continuousbeatings they had extracted several confessions. Alma Di Agosto’s confessions did not muchresemble each other, as if she had committed the same murder in many different ways. Differentpeople appeared in each confession, picturesque phantoms without names or addresses, becausethe electric cattle prod turns anyone into a prolific storyteller. Furthermore, the authordemonstrated the agility of an Olympic athlete, the strength of a fairground Amazon, and thedexterity of a professional matador. But most surprising was the wealth of detail: in eachconfession, the accused described with millimetric precision clothing, gestures, surroundings,positions, objects . . .

Alma Di Agosto was blind.-Eduardo Galeano,

The Book of Embraces

On Shahid Azmi murder

From: Kannabiran KG <[email protected]>

Date: Mon, Feb 15, 2010 at 5:05 PM

Subject: Re: A Tribute to Advocate Shahid Azmi

To: CIVIL LIBERTIES INDIA <[email protected]>

Dear Lateef,

I am sorry we have lost a fine human rights defender. It will take long time for another to come by. Withrespects to you all and convey my condolences to Azmi’s parents kinsfolk.

KGK

His invitation to meet


Date: Thu, Apr 22, 2010 at 10:07 AM

To: LATEEF MOHAMMED KHAN <[email protected]>

LMK how are you long time since I HEARD FROM YOU.

KGK

Article for magazine


Date: Fri, Jan 15, 2010 at 9:13 AM

Subject: Letter to Chidambaram


You can publish this one only phone up and find out.

KGK

Article for Magazine and response on Babri Masjid Demonstration


Date: Tue, Dec 8, 2009 at 9:59 AM

Subject: Re: Babri Masjid Demolition - Protest Demonstration


Correspondence ofKG Kannabiran with CLMC

The aim of including the correspondence ofKannabiran into this magazine is nothingpersonal. Even though these letters are written byhim to Civil Liberties Monitoring Committee, everyletter of his carry some or the other message. Sothese letters should be read not as personalmessages but are useful to all the activists who wantto work for Human rights and civil liberties andprotect the common people against atrocities,harassment and so on. His vision was very far

sighted; he would keep an eye on a local issue to aninternational issue. His wish was that a largenumber of activists should be prepared to carryforward the work of civil liberties. He would guidehow to speak and work on various issues.Therefore, we hope that these messages would workas mirror to the activists to carry their work and raisevoice against atrocities within the limits of theconstitutional framework. Thus, this is an effort tomove forward his work of civil liberties.


Dear LMK,

The elaborate piece I wrote in statesman. Have you got it? I wrote about it to you.

The meeting appears to have got on well.

KGK

Article for MagazineFrom: Kannabiran KG <[email protected]>

Date: Sat, Dec 12, 2009 at 9:42 AM

Subject: Re: Babri Masjid Demolition - Protest Demonstration


I am sending article on Kasab to be published in your paper. I hope it finds a place.

KGK

On State’s obligations


Date: Sat, Oct 31, 2009 at 3:18 PM

Subject: Re: please read and sign Sanhati statement vs. Indian military offensiveTo: CIVIL LIBERTIES INDIA <[email protected]>

Dear friends,

The Government at the Centre and the States has not been implementing their Fundamental Obligationset out in Part IV of the Constitution. The policies and statutory direction should be to strive to promote thewelfare of the people by securing and promoting as effectively as it may. A social order in which justice,economic and social and political shall inform all institutions of the national life. Art 38 (s) the citizens, menand women equally have the right to adequate means of livelihood; 39 (a), (c) that the ownership and controlof the material resources of the community are so distributed as best to sub serve the common good, Article39 (b) that the operation of the economic system does not result in the concentration of wealth and means ofproduction to the common detriment. These obligations are politically enforceable though they cannot beenforced in courts. On failure of performing these and other obligations in the Part IV of the Constitution,even after sixty years of the constitution a right to insurrection would arise. The various movements andothers including Maoist are traceable to the failure to perform the fundamental obligations. On the contrarythe Governments indulging in acts contrary to these Directives Like SEZ and Globalization policies and suchwhich have several countries economies in the world. I agree with you and support your Endeavour. If thecountry is not to be involved in a large Scale social disorder we should successfully fight these trends.Rhetoric like Gandhian traditions and similar such antics may not work.

Wishing you success.

KGK, PUCL

About his article on Babri Masjid and Narsimha Rao’s book

From: Kannabiran KG <[email protected]>Date: Tue, Oct 13, 2009 at 3:44 PMSubject: Re: Ur messageTo: LATEEF MOHAMMED KHAN <[email protected]>

Dear LMK, thank u. Please get the Sunday Statesman in which I WROTE about his book on Babri Masjid.You can use it for your journal. This is available at Mr Stanley Theodor in Babu Khan’s Apartments inBasheer Bagh.

KGK


Dear LMK,

It would be part of civil liberties activity if you can maintain panel of lawyers to provide goodand honest lawyers who can attend to the needs of legal services in the old city. Both civil andcriminal People from the old city come all the way because I am the only lawyer they heard about. Itis really a sad state of affairs. I am sending you some persons please try and help them.

KGK

Asking to send CLMC reports to PUCL bulletin


Date: Thu, May 14, 2009 at 4:36 PM

Subject: Re: Bholakpur tragedy

To: LATEEF MOHAMMED KHAN <[email protected]>, pucl nat <[email protected]>,pushkar raj [email protected]

Dear LMK,

Your report is good work. You are effectively making me feel that I need not revive the PUCLunit of the State. Brand names are not important nor what you imagine their political line is. I alwaysfelt that the underlying political line is irrelevant in the work of protection of right of the people. Willit be possible to send such reports in our PUCL bulletin? Or are you also caste in the ideological modeand consider PUCL untouchable! Pl feel free to send it to the bulletin and I am introducing them by acopy of this letter.

With regards.

KGK

On water pollution at Bholakpur, Hyderabad


Date: 2009/5/7

Subject: Re: water pollution in bholakpur which cause the death of ten people


Dear LMK,

When I read the news I was certain you would go fact finding and such activities strengthen democraticpractice. And democratic practice is a continuous practice unlike campaigning for elections. Citizenshave fundamental right to vote which is a right to throw out elected governments. Right to vote is anever present right like the other fundamental rights and it differs radically in that is a fundamental rightto change governments and we must work towards recalling government and elected governments.Just as employers have right to hire and fire. We have also a right to hire and fire the governments. Aright to elect implies a right to recall. If we work towards that right the elected government andrepresentatives will be disciplined. There is a constant necessity to constantly check upon governments’acts and deeds simultaneously working towards a system of recall at the ward and Corporation level.Please work for a complete Democracy. Best wishes.

KGK

Referring some people who need legal help


Date: Mon, Oct 12, 2009 at 1:55 PM

Subject:



Congratulating on NHRC’s order to pay compensation to the families of a Muslim youth killed inencounter, petition filed by CLMC


Date: Sun, Feb 22, 2009 at 10:17 AM

Subject: Re: Rupees 3 lakh compensation/case U/S 302 on Police officer


Good show LMK

KGK

On 2/21/09, LATEEF MOHAMMED KHAN <[email protected]> wrote:

Due to the Continuous efforts of CLMC, the National Human Rights Commission(NHRC) haspassed the order to register the criminal case against Police officers involved in encounter killing of aMuslim youth in the year 2003 in Zaheerabad of A.P and get investigated by CBCID. NHRC alsoinstructed the Govt of A.P to pay the compensation of Rs 3 lakhs to the family of Mohd. Shafi (whowas the native of Hyderabad and residing at Pahadi Meer Momin, (old city area) who was killed in afake encounter in the name of thief /dacoit.

Zaheerabad sources informed to CLMC that case u/s 302 registered against the two police menand CBCID conducting investigation, and the people of Zaheerabad came forward and recorded theirstatements orally and submitted in writing also.

Today the Tahseeldar of Zaheerabad handed over the check of Rs 3 lakhs to the father ofMohd Shafi, who is working as a waiter in a small Hotel in old city of Hyderabad.

Concern about the charges framed against LMK


Date: Wed, Aug 6, 2008 at 7:29 PM

Subject:


Dear Lateef have you Suresh meet? Have you prepared the petition? It has to be filed before theState Human Rights Commission. I would like some details about the charges framed against you.

With regards

KGK


Date: Sun, Aug 3, 2008 at 10:05 PM

Subject: Re: FW: “FREE DR BINAYAK SEN CAMPAIGN”


Dear Lateef Khan,

I talked to you about filing a petition before SHRC in your case. I enclose the following whichemphasize the point. Ask Suresh’s opinion and decide. Para 8 is the real question and that has to bedecided by any HRC state or national.

Get back to me.

KGK


” Sirs, the question is if the State identifies civil liberties activities as extremist activity, howwould one enforce Human Rights? The center signs the Covenant, which has for some time enjoyedthe status of customary law and now has statutory recognition, how is one to enforce them? Sirs,Human Rights and criminal justice are inter-twined. How does one effectively bring about integrationbetween the two? None of the Judges, to my knowledge, perceived this problem by deliberating onthis issue. It is in the process of crime detection, investigation and apprehension and production of theaccused that the Human Right’s violations take place. Should a Human Rights activist intervene, he isimplicated and jailed. How does this Constitution set up for guaranteeing the Human Rights dischargeits obligations? How does this Commission ensure that the International Covenants which are nowstatutory are respected and by what principles it is to be integrated with the criminal justice system?We are not interrogating you. We are fully aware of the difficulties to unload a lot of baggage inheritedfrom our indigenous authoritarian tradition and the colonial legacy we have been faithfully carrying.This Commission is not intended to carry this baggage. It is only on account of this we are raisingthese issues.”

Accepting Invitation for CRPP Seminar

Date: Mon, 2 Feb 2009 13:01:18 +0530

Subject: Re: FW: CRPP.AP. Inaugural Seminar-Invitation

From: [email protected]

To: [email protected]

Dear LMK,

Of course I would like to participate. My support will be there with you all.

KGK

Reply on Eid Greetings

Date: Thu, 2 Oct 2008 08:59:54 +0530



Subject: Re: FW: Eid Greetings

Dear LMK,

My best wishes are with you and the Muslim community. I am sure if all of you have thestrength we can leave a better world to posterity.

KGK

Asking to help in setup of PUCL unit in A.P.

Date: Fri, 13 Jun 2008 10:40:48 +0530



Subject: Re: Extending cooperation and coordination

Thank you LMK.

Shaheer Zaman will get in touch with you. His cell no is 9885269000

On Fri, Jun 13, 2008 at 4:24 AM, LATEEF MOHAMMED KHAN <[email protected]> wrote:


Sir,Please provide me the contact details of PUCL activist. Definitely I will help him to set up a PUCL

unit of A.P. On behalf of CLMC I am herewith extending cooperation and coordination with PUCL,and thanks for giving me this opportunity.

Mr. Zaman please contact me on 09391051586.

LMK

Date: Thu, 12 Jun 2008 10:57:26 +0530



Subject: Re: FW: Can you ask your friends to help?

CC: [email protected].

DEAR LMK,

I am introducing to a young friend and a PUCL member to you. He is doing computer Engineering.he is Md. Shaheer Zaman. He is an enthusiastic young person and you should groom him properly sothat he may go about setting up a PUCL unit in the state. Civil liberties and human rights work cannever be competitive. It has to be a cooperative Endeavour. Please meet and talk to him.

I am copying this letter to him.

KGK

Sending press statement of PUCL on the occasion of Amnesty International Annual report

Date: Tue, 27 May 2008 15:04:53 +0530



Subject: Re: FW: AMNESTY INTERNATIONAL Press release for Annual Report 2008 Launch

DEAR LMK,

I am enclosing the statement on our behalf as a statement to the press at the time of release. Thatis if you approve of what I have written.

KGK

Sending statement addressing Bar Association

Date: Thu, 3 Apr 2008 11:07:58 +0530



Subject: My Response to resolutions by Lawyers to deny acess to justice to SIMI

DEAR LMK,

Recently some bar associations passed resolutions that no member of the bar would defend SIMIstudents. The attached letter addressed to the bar for your information.

On Sarabjit Singh

Date: Thu, 20 Mar 2008 08:47:10 +0530




Subject: Re: FW: Sarabjeet Singh

dear LMK,

It is nicely worded message. Send a message to amnesty to campaign for clemency and send himto India. If you can get the email id of President Pervez Musharraf flood the email with requests forclemency.

KGK

Response on the Muslim women and children arrested in Hyderabad

Date: Mon, 10 Mar 2008 12:07:56 +0530



Subject: Re: FW:

CC: [email protected]

DEAR LMK,

I have read the accusations. Please make your language more acceptable to a larger constituencyof Indians to be read. It is absolutely necessary that your appeal should not be dismissed as communalaccusations. We know that police are misbehaving whenever there are public protests. You mustavoid using loaded words or expressions. You do not accuse the police of offences inventoried inthe Indian penal code. You accuse them of human rights violations which have the force of all afterthe protection of human rights act came into force. You should accuse them of violation of the clausescontained in IICCPR and provisions contained in the covenant against violence and discriminationagainst women if they are women. they can be accused of violating the constitutional objective ofviolating dignity and the fundamental duties stated out in article 51 A. Sub clause (e) reads: “to promoteharmony and the spirit of common brotherhood amongst all the people of India transcending religious,linguistic regional or sectional diversities; to renounce practices derogatory to the dignity of women”.You must always accuse them of, not in the penal code but violation of fundamental and core provisionsof the constitution. I think the best way to bring them down is to accuse them ofunconstitutional conduct. This is no defamation and is not an offence. These offences, though notpunishable will question legitimacy of their continuance in the position they occupy in the government.Don’t you think so .Aap bhi sochiye!

With regards.

KGK 10/3

Reply on Ayesha Meera Murder

Date: Wed, 20 Feb 2008 10:18:56 +0530



Subject: Re: FW: GIRLS ARE NOT SAFE IN HE HOSTELS OF A.P

Dear LMK,

We are with you on this issue. In fact Citizens Committee should be formed for visiting these andjuvenile homes periodically so that we have an idea of how they are dealing with the inmates and themanner of spending money for the inmates. It is better for your committee to establish a rapport withthe women’s Commission and see that periodical visits and investigations take place and the reportpublished in local papers. Good work. All the best.

KGK/PUCL


How to fight for the protection of civil liberties of the people andthe human rights defenders.

From: Kannabiran KG < [email protected]>

Date: Jan 6, 2008 6:55 PM

Subject: Raiv Trivedi


Dear Lateef Khan, when fighting for the liberties of citizens you will come across severalimpediments. Before you say anything you must earn to consult others and then you either issue astatement. They will prosecute you or defamation. You must use this case as a stage for vindicatingcivil liberties of the people and the human rights defenders. You cannot achieve any thing crying forsupport or sloganeering or by use of uncontrolled language. Get hold of a lawyer and research the lawthoroughly and learn to make statements you cannot prove. If you want to effectively campaign forhuman rights the most important thing is your credibility rating. You fight this case as a challenge anddo it with competence and efficiency. Motivate lawyers to argue this. The manner of you dealing withthis issue will get you the support. Cheekna chillana chod dijiye.

With regards.

KG Kannabiran.



Subject: RE: Rajiv Trivedi

Date: Sun, 13 Jan 2008 00:44:22 +0530

Dear K.G. kannabiran,

Thanks for your response and thanks for the kind words. I am taking it with right sprit. I hopeyour cooperation will continue as it is always been for us. The statement issued by me is based on thefacts and the statements given by the victims of torture by Rajiv Trivedi.

Aap ne kaha ke “Cheekna chillana chod dijiye” it is not like that, I am just speaking the truth,Faiz ahmed Faiz ne kaha ke “Boal ke Lub Azad hain tere

“Bol ki lab azaad hain terayBol zubaan ab tak teri

Bol ye thora waqt bohat haiJism-o-zubaan ki maut se pehlayBol ki sach zindaa hai ab tak

Bol jo kuch kehna hai kehlay”

[Faiz Ahmed Faiz]

Speak, for your lips are yet free

Speak, for your tongue is still your own

your lissome body yours alone

Speak, your life is still your own

Speak, a little time suffices

Before the tongue, the body die

Speak, the truth is still alive

Speak: say what you have to say”


Date: Sun, 13 Jan 2008 10:40:45 +0530



Subject: Re: Rajiv Trivedi

Dear LMK, I am sorry if I have hurt your feelings. Bolne me our cheekneme bahoot faraqhai. Bolna is action and cheekna is helpless shouting Bolna should strengthen support and shouldmotivate people to agitate and react towards seeking justice. Faiz used bol in that sense. His wordswere not intended to be quoted; they are intended to be acted upon. Sorry once again if I hurt you.

With regards

KG Kannabiran



Subject: RE: Rajiv Trivedi

Date: Sun, 13 Jan 2008 17:39:40 +0530

Dear Kannabiran ji

Now I understood the meaning of “bolna” and “Cheekhna”.

Thanks for enlighten, I am always ready to receive and learn from the seniors of the civil libertiesmovement.

Lateef Mohd Khan

K.G. Kannabiran’s statement on Surendra Mohan

From: Kalpana Kannabiran <[email protected]>

Date: Sun, Dec 19, 2010 at 5:39 PM

Subject: KGK on Surendra Mohan

K.G. Kannabiran’s statement on Surendra Mohan

19 December 2010

In Surendra Mohan’s death we lost a fighter and believer in rights of marginalized and poorpeople and vanvasis. He was a prominent member of PUCL and an effective conveyor of messages tothe people by Jayaprakash Narayan. After Ashok Mehta he was the only living and practicing socialistwith a profound knowledge of Indian parliamentary politics along with Rajni Kothari. He was for aperiod the moving spirit of the Janata Party. I have been close to him from the time of Emergency. I recollect his visiting me during the early Emergency days – and we have been in constant touch forthe last three decades. I convey my sincere condolences to his wife and family.

Pushkar ji,

Can you please forward to all remaining PUCL members and also to newspapers?

Regards

Kalpana

26

Injustice anywhere is a threat toJustice everywhere

- Martin Luther King Jr.


Dated:20 January 2010

Rule through suppression is Undemocratic, Respect peoples’ RightsCivil Liberties Monitoring Committee strongly condemns the lathi-charge

and rubber bullets firing on Osmania University students

Due to the sacrifice of life by MCA studentVenugopal, serious conditions emerged in Telangana.This brought a large scale protest by the students.By stopping the funeral journey of Venugopal, thegovernment took the undemocratic steps of lathi-charge and firing on students only to provoke them.Numbers of students were injured in the OsmainaUniversity incident. A student named Satyanarayanafrom Nalgonda district got severely injured becauseof the firing, wherein the rubber bullet hit him nearthe heart and is undergoing treatment in GandhiHospital battling with life and death. The governmentturned into police state by resorting to such steps

and thus serious situation emerged in whole Telanganaregion. The people who met Chief MinisterMr. Rosaiah, he said to them that the law and ordersituation is not in my hands, it is in the hands of police.Therefore the Chief Minister and Home Minstershould resign from their posts as they are responsiblefor the university incident.

Telangana is a democratic demand, the demandhas gone into the hands of people, therefore the stateand central governments should understand this andshould strive for solution otherwise the situation inTelangana region would become severe for whichtheCongress Government would be responsible.

STATEMENTS OF CIVIL LIBERTIESMONITORING COMMITTEE

Civil Liberties Monitoring Committee welcomesthe judgment of Supreme Court which is a positivestep towards Sohrabuddin and his family. Theinvestigation by CBI in the case of Sohrabuddin andKauserbibi murder case is a starting step of justice.With this the criminals belonging to the AndhraPradesh, Gujarat and Rajasthan police would berevealed. Civil Liberties clears that this is contractkilling by Marble Mafia, transaction of crores ofRupees has taken place between Police and Mafia,and special plans were carved out for this murder.The police officers such as Rajiv Trivedi, L.K.Shinde,Radhakrishnaiah and few others belonging toHyderabad have played key role in this plan. Butlater these officers turned into “witnesses”.According to ‘Geeta Johri’ report five sub-Inspectorsand Inspectors have been shown absconding and theirnames as unknown.

However, Civil Liberties has brought out thenames of those five police officers into light and thosenames have been given to concerned authorities aswell. Because of confusing report of Geeta Johri,the Supreme Court has handed over this case to theCBI for further enquiry. With this it is clear that the

investigating officers are trying to protect the killinggang of Hyderabad police and there is full supportof the Congress government of Andhra Pradesh.There is understanding between Hyderabad andGujarat police and illegal nexus exists between themto suppress the Muslim community in all aspects. Because of which we have already seen Reddy-Modi Bhai Bhai policy in the form of government inAndhra Pradesh. One more clarity of fact isnecessary here that at the centre the Congressgovernment is stressing on Gujarat government toconduct the CBI enquiry on this killing and at thestate level the same congress government has noteven conducted departmental enquiry on the policeofficers involved in the Sohrabuddin murder. Thesilence of Andhra Pradesh government led bycongress party is a big question mark on free andfair enquiry. Civil Liberties demand that Andhragovernment should immediately suspend the policeofficers involved in the murder of Sohrabuddin andothers. The facts should be brought before peopleand the government should extend their cooperationin CBI investigation. Criminals should be punishedfor their heinous crime.

13 January 2010The judgment of Supreme Court is a positive step

The government of Andhra Pradesh should immediately suspendthe police officers involved in Sohrabuddin murder case


Civil Liberties Monitoring Committee in a pressstatement states that today India is celebrating 60th

Republic Day. On this day itself this country adoptedthe constitution in the name of people of India. Andunder this constitution, this country was declared asSovereign, Socialist, Secular and Democratic country.But if the country’s condition is analyzed after 60years of the (so called) implementation of theconstitution, it becomes clear that the Indianconstitution is not executed. Today this has becomea tool in the hands of ruling class and they are usingit according to their wish and will, as per their needs.For the cause and rights of the people, theconstitution of India has remained only fornamesake. Whereas, the ruling class according totheir will and wish conduct election on the name ofConstitution, and gain the political power. In thisconstitution the most important is fundamental rightsand is also the main spirit of the constitution; andthese rights are themselves violated. The Indianconstitution is used for the benefits of the ruling classand when the people’s rights and interest come intoquestion, they are neglected. The right to life with

Human Dignity is a fundamental right in theconstitution. Whereas in reality, there is no value ofhuman life in this country. Thousands of people havebeen killed on the name of encounters. The exampleof this is the killing of Sohrabuddin, Kausar Bibi andTulsiram Prajapati by the police with the support ofthe state.

The article 2 & 3 of the same constitution,clearly defines the right to the formation of states.Whereas, today the Telangana movement issuppressed and the demand of the people isoverlooked. With this it becomes clear that, on oneside there is no value and respect of Indianconstitution among the Indian ruling class and on theother side the police which is the pet of the Indianruling class have no respect for law which is formedunder this constitution. Under these circumstances,Civil Liberties appeals people to struggle for theimplementation of the Indian constitution and forthe complete practice of the same. Therefore, allthe problems which exist in India would be solvedonly with the complete implementation of IndianConstitution.

Civil Liberties Monitoring Committee deeplyexpress its concern over the judgment of AndhraHigh Court against the reservation to Muslims andstrongly condemn the remarks made by Chief Justiceof High Court, that if reservation is provided toMuslims, conversions will take place. These kindsof statements are issued only by BJP and RSSideologues; therefore, this reflects the mindset of theChief Justice of Andhra High Court.

Civil Liberties Monitoring Committee states thatthe judgment of Andhra High Court to denyreservation to Muslims is equal to the denial ofJustice to Muslims. Instead of being sinceretowards Muslims, congress is playing vote bankpolitics. If at all, the government is interested andserious about this issue then the court’s decision wouldhave not been like this. Civil Liberties believes thatthe governments interest in providing reservation toMuslims is nil and the government’s responsible

ministers those who belong to the minority welfareministry, are themselves unaware of the basic rulesand laws of reservation. Until now four percent ofreservation provided by the government was not upto the standard, instead the Muslims were tied upwith the caste system. Whereas reservation shouldbe given on the basis of social, economic andeducational backwardness. Sachar committee hasclearly stated that the condition of Muslims is worsethan the Dalits. On the other side, Ranganath MishraCommission was constituted to know the conditionsof Minorities in India. After analyzing for many years,this commission submitted its report to thegovernment of India in which it clearly said thatMuslims should be given 10 percent of b reservationand other minorities should be given 5 percent ofreservation. Even after clarification of these facts,if High Court of Andhra is not satisfied and quashedthe reservation by saying that it is based on religion

On occasion of 60th Anniversary of Republic Day,Demand to Impose and Implement Constitution of India

Dated:25 Jan 2010

Civil Liberties Slam the Andhra High Court judgment on Reservation to MuslimsDemand to Implement the Recommendations of Mishra Commision

Provide Fifteen Percent Reservation to Minorities in India

Dated:11 February 2010


Dated:23 Feb 2010

Civil Liberties Condemns Killing people of Sikh Community in PakistanDemands to Protect the Life and Liberty of Minorities in Pakistan

Civil Liberties Monitoring Committee Indiastrongly condemns the brutal killing of two personsbelonging to Sikh minority community in Pakistan bythe so-called Taliban. We express our deep concernover the violation of human rights in Pakistan andstates that the beheading of two Sikhs afterkidnapping them is an inhuman act and grave violationof Islamic teachings on which Pakistan wasestablished. The information received till now is thatthe so called Taliban kidnapped several Sikh minoritycommunity people in Pakistan and demanded hugeamount for releasing them; when the family members

could not fulfill the demands, the kidnappers killedtwo Sikhs by beheading them and there are moreSikhs in the custody.

Civil Liberties believes that these are not thoseTaliban (Students) who are resisting Americanimperialistic forces in Afghanistan, but these peopleare the criminals and dacoits, are using the name ofTaliban and are very much active in the frontierregion of Pakistan. It seems that they can go to anyextent and work for anybody for the sake of money.

Because of American interference, Pakistan is

Civil Liberties Monitoring Committee stronglycondemn the continuous barbaric attack on OUStudents and Journalists from yesterday. At this time,the Osmania University is turned into a Police camp.The police are targeting students and journalists in apre-planned manner. The attack on girl students isshameful act, which cannot be expressed in words.When the committee received the news of policeexcesses, it visited the campus yesterday night andspoke to the girls in the hostel. The emotions of girlsare very much high. They said that they were attackedby the male policemen; their clothes were torn bythem and plaits were pulled. They questioned, is thisIndian Democracy?

The committee also met the other students,journalists of both print and electronic media thosewho were present. Girl students weredemonstrating sitting on the road in a peaceful manner.Suddenly, at the same time the police forces startedattacking those students; lathi-charged, used tear gasshells and fired rubber bullets. A number of studentsespecially girls were injured seriously.

Media representatives were selected andattacked; they were beaten red and blue. Tear gasshells were used in large scale and electricity wascut off in the campus. Police targeted students andjournalists by using the torches. Police attacked thestudents by entering the premises of Arts Collegeand Hostels; tear gas was released in the hostelsthrough the windows. The police themselves wereransacking the jeeps and bikes.

Till now the situation in OU campus is serious.This kind of incident never took place in the historyof Osmania University. The present situation of theuniversity can be said in one sentence, that todaythe Osmania University has become one of thebiggest open jails of the country; where police hasthe freedom to carry out the things according to theirwishes.

Under these circumstances, Civil Libertiesdemands the resignation of Chief Minister;Governor should be replaced and action should betaken on the police officers involved in the incident.

it can be said that High Court has not applied itsmind and did not exercise its authority to justify withthe Muslim community.

Instead, the reservation to be given to theMuslims has been seen on the basis of religion whichis highly condemnable both morally and legally.Civil Liberties strongly slam the judgment of Andhra

High Court and demand with the government of Indiato immediately implement the Ranganath MishraCommission recommendations. Constitutionalamendment should be brought and all the Muslimsof India should be given 10 percent and otherminorities five percent of reservations. This is theneed of justice.

Condemn the Attack on Media and StudentsBarbaric Act of Police at Osmania University is a Question Mark

on the Indian Democracy

Dated:15 Feb 2010


passing through high time with disturbance due towhich human rights violations are unimaginable. Thelife of common man is on high risk. It is theresponsibility of Pakistan government to provideprotection to the minorities and if the governmentfails to protect the life and liberty of their minoritycommunity, they lose moral right to exist in power.

Civil Liberties Monitoring committee demandsthe Government of Pakistan that under these

circumstances it should take appropriate measuresto provide special protection to the minorities inPakistan and restore their confidence and shouldensure their safety and security. We also demandthe government to arrest the criminals take strongaction against them and punish them according tothe law. Compensation should be provided to thefamilies of the victims.

Civil Liberties Monitoring Committee Indiaexpresses its deep grief and sorrow that even afterthe completion of eight years of GujaratGenocide, criminals are still roaming freely,instead are in power whereas the victims aredenied justice, they are detained and put in jails andare struggling for right to life. Muslims are sociallyboycotted and have become refugees in their owncountry. Hundreds of Muslims are still missing. Onthis genocide, neither the Gujarat government isaccountable nor has the Indian state fulfilled itsresponsibility. Instead the Indian government isplaying its role as a mute spectator, wherein Modithe master mind of mass crimes against humanity inwhich thousands of Muslims have been killed, burntalive, women were raped and killed in front of theirchildren, is still in power and moreover isimplementing his agenda. The silent genocide ofMuslims is still continuing. Therefore thecontinuation of Modi in power, the feeling ofimpunity and the criminal silence of the Indiangovernment is a blot on Indian democracy,secularism and Judiciary. Civil liberties believe thatIndian government has failed to protect thefundamental rights of its citizens especially of thosewho are in minority. Modi has implemented Hindutvaraaj in Gujarat in the guise of democracy. On theother side the judiciary is behaving in irresponsiblemanner which is against the standard of justice. Onequestion arises in the mind of every concernedcitizen on the completion of eight years of Gujaratgenocide that at a time thousands of Muslims aredetained and arrested on the name of terrorism onlyon the pretext of suspicion. They are kept in jailswithout any evidence and trial. Whereas adangerous terrorist like Modi who had openlydeclared the killings of Muslims, there are numberof clear evidences present against but why is such a

kind of person still out of the clutches of law insteadhe became the chief minister of the Gujarat stateand the person like Modi has become the protectorof law, is it not the insult or making fun of the IndianDemocracy, Secularism and Judiciary? Whereas, ifwe look at the International level, the persons whocommitted crimes against humanity are arrested,trialed and even punished by International Court.

Civil Liberties Committee believes that thedemolition of Babri Masjid, Bombay riots and GujaratGenocide has divided the country; the nation whichlooks united actually became hollow because ofabove reasons. The claim of Democracy andSecularism is hopeless; the confidence ofMinorities has shaken badly, they are struggling forthe protection of their identity. There is so much griefand anger is in their minds. Even after this, if justiceis not done with them then it will burst like volcanoand the loss which country has to face will beunimaginable. Therefore, if the country has to remainwith its real spirit i.e. Secularism and Democracy,government should provide justice, restore people’sconfidence on Secularism and Democracy. Modi andthe like minded people should be brought under thelaw. If the Indian government has to clear the blot, ithas to punish the culprits of the Gujarat Muslims andhas to protect the Muslims right to life with humandignity.

Civil Liberties express its solidarity with thesufferers of Gujarat genocide on the completion ofeight years and assure that the struggle wouldcontinue till the achievement of justice. It appeals allthe people to fasten their resistance against Hindutvaand Moditva and also demands the government torise out of ignorance and register cases against Modiand his killer gang on committing crimes againsthumanity and punish them.

Dated:28 Feb 2010

Even after eight years of Gujarat Genocide, Muslims denied of JusticeModi-Mastermind of Gujarat Massacre, his Rule is a blot on Indian Democracy,

Secularism and Judiciary; Demand to punish Modi


Civil Liberties Monitoring Committee expressits deep concern over the difficult condition of theteachers, who go to the police stations forcollecting the question papers during the period ofeleven days of SSC examinations. At every step,they are facing insult in the hands of policeofficials. Teachers, who belong to the intellectualcommunity of the society, are forced to go thedangerous place i.e. police station to deposit andreceive the question papers but in return, they arelosing their self-respect, and are ill treated ininhuman manner. Teachers make their mindsmentally ready to go to police stations, justkeeping in mind the future of the children so thatthey do not lose their valuable year and are facingsuch kind of situations which are shameful for thesociety. Lady teachers are so much afraid to go topolice stations as if they are going to enter into themouth of the lion. Lady teachers are not even givenminimum respect instead the police personnel usevulgar language, shameless gestures, dirty jokes,taunts, etc in front of them. They are even made tostand equal with the inmates; they do not even havethe place to sit. The inmates are beaten in front ofthe teachers, policemen use foul language and theinmates are asked to go to toilets without closing thetoilet door in front of teachers.

Police personnel are considered as unculturedby the people, whereas the teachers are the peoplewho build up the nation. Apart form giving basicknowledge; children are made as engineers,doctors, leaders, lawyers, police officers, civilservants by the teachers. Because of which theteachers are treated as equals to the god andparents in Indian culture and society. In this kind ofsociety, the condition has become so worse that thelaw protectors themselves are ill-treating theteachers. Therefore, lady teachers are hesitating togo to the police stations alone and are waiting formale colleagues on the roadside to enter the policestation. Lady teachers have a kind of fear that ifthey enter a dangerous places such as the policestations alone, they may not come out safely.However, as they have to fulfill theirresponsibilities, they enter the dangerous place, faceall the insult, and damage their self-respect. Withthis misbehavior and inhuman attitude, the lady

teachers face many difficulties. The teachers whoregard self-respect as important in their lives, thepolice personnel tarnish the same self-respect of theteachers.

Civil Liberties condemns the attitude of thepolice personnel towards the teachers and believesthat this kind of attitude is increasing due to highlevel corruption, thereby losing their human natureand becoming anti social elements of the society.

Educational officials sitting in the Air-conditioned rooms, order the teachers to deposit andreceive the examination papers from the police stationand think that their responsibility is completed,whereas they themselves have to accompany theteachers and inform the police officials to follow thecode of conduct and ensure the protection andfacilities in the police station. The school buildingsare surrounded by the Flying squads, sitting squads,special squads and they dominate the teachers whoare fulfilling the examination duties in theirrespective centers, but do not care as to how manydifficulties the teachers are facing during theprocess of depositing and receiving the questionpapers. They do not have guts to enter the policestations, but can dominate the teachers, thus theteachers become the scapegoats in the wholeprocess of fulfilling the examination duties.

We received many complaints from all parts ofthe twin cities. We cite just one example. On 29March, DEO instructed the teachers to be presentat 7am at Nallakunta police station to deposit thepapers. However, they were not given papers until10am. Teachers had to wait three hours with all thedifficulties in the police station. The inmates weresent to toilets and asked not to close the doors,unable to bear the stinking smell, one of theteachers requested a constable to close the toilet doorwhere an inmate was made to pass toilet withoutclosing the door. Upon this, a crime SI Raji Reddyover-acted and tried to raise hand on the teacherand referred them as donkeys. Then this ill treatmentby the SI was informed to CI Murali Krishna, but heinstead of making SI to say sorry to the teachers, inturn spoke to them with indignity and supported SI.He asked them, ‘will you question us standing in ourpremises’ and said, ‘you don’t give us respect when

An appeal to the People, Democrats, IntellectualsProtect the self-respect of the Teachers from the

ill treatment and misbehavior by the PoliceTeacher Unions should fulfill their responsibilities


17 March 2010

we come to your school, and therefore we will alsodo the same’. He tried to convince them by sayingthat it is a common practice in the police station.

We question the education department officialsas to why the teachers are made insulted in the handsof police personnel by handing over theexamination question papers to the police stations.Bringing forth the difficulties faced by the teachers,

Civil Liberties Monitoring Committee expressesits deep concern over the communal violence in theold city of Hyderabad and appeals all thecommunities of old city of Hyderabad to restorepeace and not to move towards violence because ofthe clash between two communities.

Problem started between two communitiesbecause of the religious flags tied by both thecommunities on the roads. By whom and why wasthe permission given to tie the green flags? And if atall it was done due to festival celebration reasonswhy were the flags not removed immediately? Whydid the Municipal Commissioner and PoliceCommissioner not respond on these delicate thingsimmediately? No one can behave in the mannerwhich can bring trouble to people; no one can begiven permission to tie flags on the road sides. If atall flags were tied during the particular carnival, itshould be immediately removed.

This is not just the reason but there are manyother angles in this violence; Congress has the historyof eliminating chief ministers by using the weaponof communal violence. There is a possibility ofcreating such problems by the faction group ofCongress. This might also be the conspiracy of theanti social political elements to disturb the ongoingTelangana movement.

Civil Liberties Monitoring Committee stress thatpolitics should not be mixed with religion, religionshould not be used as a political tool to gain the poweror to grow their political power. If it is continued, itbrings danger to the secular framework. Wedemand Municipal commissioner and policecommissioner to take immediate action remove theflags and see that no such untoward incidenthappens in future. We also demand with theGovernment to take immediate measures to controlthe situation and maintain peace and harmony in thesensitive areas.

Dated:28 March 2010

Demand to control communal violence in Hyderabad cityPeople should foil the conspiracy of divide and rule policy of politicians

we appeal to the people, democrats, andintellectuals to come forward in protecting the self-respect of the teachers. We demand all the teacherunions to fulfill their responsibilities. If they cannotfulfill their responsibilities, then what is the need oftheir existence?

It is high time to react and restore theself-respect of the teachers.

On the Completion of Three Years of Makkah Masjid Blast and Subsequent Police Firing:Hindutva Terrorism is a Reality that has been exposed

Babri Masjid to Makkah Masjid: Indian Government has faild to tackle Hindutva Terrorism

Dated: 17 May 2010

On the occasion of three years of MakkahMasjid blast and subsequent police firing, civil libertiescommittee expresses its solidarity with the victimsof the blast and police firing. We also stronglycondemn the negligent behavior of the government,because until now the culprits of the blast and policefiring are still free. On this occasion we want toremind one and all that the first Hindutva terroristattack was done on Babri Masjid where the Masjidtombs were brought down by bomb blast and thiscontinued till the bomb blast at Makkah Masjid on18th may 2007. On this day three terror incidentstook place in Hyderabad. One is Blast at Makkah

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Masjid in which five people were killed, second isthe subsequent police firing in which nine peoplelost their lives and third one is blaming the Muslimcommunity by the police through using the media.The aim of first one is to create fear complex, secondone was to bring down the morale and third one tosuppress the Muslim community morally and feelashamed so that they cannot stand their head high inthe society.

Unfortunately, a group of Hindutva policeofficers succeeded in their aims and objectives.Muslims became so fearful and suppressed that they


Because of the biased investigation of theHyderabad police, and the laziness of CBI, realculprits are still roaming freely, due to which numberof blasts took place in different parts of India. Onthis occasion we want to remind that last year thecentral Home Minister, Mr.Chidambaram had visitedHyderabad and commented that the main accusedof Makkah Masjid blast, Shahed Bilal has died andthe Makkah Masjid blast case has turned cold. Withthis statement, one can understand the seriousness,carelessness and unawareness of central HomeMinister in connection with Makkah Masjid blastcase. Because of the presence of such type ofpeople, innocent people again and again are beingtargeted and the culprits are roaming freely.

Subsequent Police firing which is the secondact of terror, for the investigation of it the AndhraPradesh government constituted the Bhaskar Raocommission. Even after the completion of threeyears, the commission has failed to submit its report.This shows the inefficiency of the commission andnon-seriousness of state government on police firing.On this occasion we question the government, whereis the Bhaskar Rao Commission and we demand toexplain the existence of this commission andwhereabouts of commission.

The Muslim and political leaders have failed infulfilling their responsibility in the incident of MakkahMasjid blast and subsequent police firing. Instead,they came under the pressure of the governmentand issued favorable statements, because of whichMuslim community has faced tremendous loss andtorture.

Demands:

On the completion of three years of MakkahMasjid blast and subsequent police firing, we demandthe following:

1. Now when the Hindutva terrorism has beenexposed, we demand the government toapologize with the Muslim community forlabeling, harassing, torturing and terrorizing them.

2. Arrest real culprits of terror acts of the MakkahMasjid Blast and subsequent police firing by thepolice personnel on innocent people

3. CBI should investigate Makkah Masjid blastcase in right direction after the exposing of theHindutva terror face. CBI should investigateabout the nexus of Hindutva and anti-Muslimpolice officers.

could not protest nor perform last rites of the blastvictims and firing victims. Because of floating thename of Shahed Bilal by the then AdditionalCommissioner of Police, Rajiv Trivedi, not only thecommon Muslims became speechless even theMuslim leadership was stunned. This was a greatconspiracy against the Muslims by the Hindutvaterrorists by using the Hindutva group among the policepersonnel. The main aim of this conspiracy was totarget the Muslims on every level. The whole societyis witness to everything that happened accordingly.

Immediately after the blast and subsequentfiring, Civil Liberties conducted fact finding and inits report it clearly stated that it is the handiwork ofHindutva and the anti-Muslim police officers ismisguiding the investigation by registering two casesof a single offence, by stating that one bomb isexploded and the other unexploded. Hyderabadpolice handed over the exploded bomb case to theCBI and kept the unexploded bomb case withthemselves. This clearly reflects the communalmindset of Hyderabad police. By taking theadvantage of blast and in the name of investigation,police targeted hundreds and hundreds of innocentMuslims. Not only this, print and electronic mediaespecially Telugu media played a negative role bypublishing and telecasting false stories by depictingMuslim youths as terrorists in Makkah Masjid blastcase. Within five minutes of blast, electronic mediapropagated the name of Shahed Bilal by giving thereference of police officers saying Shahed Bilaltriggered the bomb from Bangladesh through his cellphone. The print media published the stories thatShahed Bilal celebrated with sweets sitting inBangladesh. A notorious inspector Ramchandranplayed an important role in this whole process.

The Makkah Masjid blast is a unique caseamong all the blast cases in India becauseimmediately after the blast, there was subsequentpolice firing on the people who were helping the blastvictims to shift in the hospitals. More number ofpeople died in the firing than in the blast. After that,police started harassing Muslim youth continuouslyby questioning them as to why were they present atMakkah Masjid on that day. Therefore, this is saidto be unique case because of the above reasons.One important thing to be noted is that, the peopledied in the blast and firing were only Muslims andthe harassment was also on the Muslims itself. Thus,we can say that a Muslim has become the soft targetof the Hindutva terrorists. The soft corner of Indiangovernment towards Hindutva terrorism is a greatestthreat to national security.


Dated:31 May 2010

Condemn Jaganmohan Reddy’s Politics on Dead BodiesWithdraw Cases against Prof. Kodandram

Civil Liberties Monitoring Committee condemnin its strong possible words the firing on public bythe gunmen, Konda Murali and their private militiaat Mahboobabad of Warangal district, in connectionof Jaganmohan Reddy’s so-called condolence tourfor the people died after his father’s death. Thiscommittee strongly feels that Jaganmohan Reddy isplaying politics on the dead bodies of the people anddid not even spare his father’s death for the sake ofpolitics to gain the power. If at all Jaganmohan Reddyis so serious and sincere towards the people whodied, he would have gone silently without doing allkinds of show put up and drama, met those peopleand condoled them.

Everyone has the right to move freelyanywhere in the country, express their views but itseems that the intention of Jaganmohan Reddy isnot fair. One can imagine this with his moving aroundwith his private army of three hundred people in bigvehicles with sophisticated weapons and mobilizingthousands of people.

In the Democracy, people also have right toprotest against anything and anyone. Therefore, inthe present situation where people’s sentiments arevery high in connection with Telangana, under thesecircumstances Jaganmohan Reddy is playing the roleof anti Telangana. People strongly feel that his fatherwas hurdle for the formation of Telangana state andnow his son is following the same path, therefore onhis visit people protested. According to theinformation received, to suppress the protest ofTelangana people, Jaganmohan Reddy’sfollowers resorted to violence, and Konda Muraliand Surekha’s gunmen and their private bodyguardsopened fire on the people who were protesting.

Opening fire on stone pelting protestors is itselfnot justifiable.

This committee strongly feels that for this wholeviolence Jaganmohan Reddy is responsiblebecause he violated all the rules and norms inspiteof his party’s directions not to go on tour, even hisown party’s peoples’ representatives (MLAs &MPs) requested him not to visit Telangana. Thisclearly reflects his adamant behaviour and hisfactionist political behaviour. This committeecondemn the soft corner attitude of governmenttowards Jaganmohan Reddy and Konda Surekha.State government did not take any precautionarymeasure inspite of intelligence reports and allowedJaganmohan Reddy to visit the Warangal district.Here the main culprit is Jaganmohan Reddy who isresponsible for the whole violence and the stategovernment did not register any case againstJaganmohan Reddy. Instead, the governmentregistered the cases against the Telangana leaderswho were not part of the protest programme. It isthe conspiracy of Seemandhra political leaders tosuppress the Telangana political leaders.

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4. The activities of RSS and Sangh Parivar shouldbe checked appropriately. Government andpolice personnel should change their attitude ofsoft corner towards the RSS and its outfits

5. There are many Hindutva sleeper cells in thecity, police should check and expose themimmediately.

6. Stringent action should be taken against thepolice officers responsible for the illegal

Demands:1. This committee demands the government

to conduct judicial enquiry on Jagan’s visitand firing on people.

2. Register cases against Jaganmohan Reddywho became the main cause of the wholeviolence, disturbance and loss of crores ofpublic property.

3. Withdraw cases against Prof. Kodandram,Telangana leaders and innocent people.

4. Register cases against Konda Murali andKonda Surekha and their gunmen.

detention, harassment, torture and arrest ofinnocent Muslim youth.

7. Stop terrorizing people on the name of red alert,checking on the roads, and all unnecessaryactions in the Muslim populated areas.

8. Bhaskar Rao Commission should be brought intoactivation and also to submit its report as soonas possible.


Dated:1 June 2010

Anti-Muslim attitude exposed at Telugu Desam’s Mahanadu ProgrammeChandrababu Naidu still following wrong path

Revanth Reddy and Erram Naidu Anti-Muslim ForcesCivil Liberties Monitoring Committee in its

statement said that at the Mahanadu programme ofTelugu Desam party, the anti-Muslim, hatred andcommunal speech by the leaders of TDP is the mostcondemnable act and Chandrababu Naidu ispromoting saffronic culture and promoting anti-Muslim leaders like Togadia in his party. When hewas in power, that time also he tried to impose Andhraculture on Muslims. He always speaks only of theprotection of Telugu community (Telugu Jaati). Evenhis father-in-law gained the power on this slogan,because of which Telangana culture and Muslimsociety status badly got affected. If Telugu Desamparty’s history is looked at, then it can be clearlyseen that this party is always near to Saffron cultureand politics. Just one example of this is NTRwelcomed the Rath Yatra of L.K.Advani in AndhraPradesh. Chandrababu Naidu also had extended hissupport to NDA government led by BJP. He did notwithdraw support even after the Gujarat genocidein 2002. Because of Chandrababu’s support BJPstrengthened its position and the existence of Modiin Gujarat till now is also because of the abovereason. Because of anti-people and non-secularpolicies of Chnadrababu Naidu the Muslims ofAndhra Pradesh made him learn a lesson by notgiving their votes to his party because of which hewas unable to continue his government. After thisdefeat, he had apologized with Muslims saying thathe will not repeat that mistake in future. But withthe recent Mahanadu programme and the speechesin the meeting, it is clear that he has not learnt anylesson with the past mistakes. Whereas he is playingcheating politics, he does not care Muslims and hispolicies with Muslims are like, ‘With you’, ‘Withoutyou’, ‘Inspite of you’. We can understand this policywith the involvement of its corporator Raju Singh inthe recent violence in Hyderabad and this sameperson was the in charge of Mahanadu Programme.Another example is the speeches delivered atMahanadu meeting by the senior leaders of TDPwho declared that Hyderabad is the hub of Terrorists,and another leader said that the citizens of Hyderabad(Muslims) are the inheritors of Osama. The seniorleader of TDP Erram Naidu presented a resolutionthat Hyderabad has turned into the den of Terroristsand wherever the terror act takes place in the world


the link is always with Hyderabad, Hyderabad hasbecome unsafe place, people fear to come to thisplace. This resolution was seconded by young TDPMLA Revanth Reddy by stating that the citizens ofHyderabad are the supporters of terrorists.

It is a matter of great wonder that the secularTDP passed this resolution unanimously. It is a matterof grave concern that the Muslim leaders who werepresent in this meeting were silent spectators; theydid not speak even a word of protest upon thesestatements. With this one can understand the statusof Muslims in Telugu Desam party. After the exposeof Hindutva Terrorism also, the delivery of thesekind of speeches and passing the resolution againstthe Muslim community in Telugu Desam party, ithas the soft corner with Hindutva forces and hidethe Hindutva terrorism.

This committee wants to remind the people thatafter the attack of Naxalite on Chandrababu Naidu,he had said that it is his second birth. At the sametime we had congratulated him for his rebirth andadvised him not to repeat the earlier mistakes. Butagain after getting defeat in the elections, heapologized with Muslims for his wrong doings andsupporting BJP and had given the promise that hewill never go with communal forces. However thisMahanadu proved and exposed the double standardof Chandrababu, his so-called secularism andconfirmed that he is following the same policies.

Civil Liberties Monitoring Committee condemnsthe anti-Muslim attitude of Telugu Desam party,double standard of Chandrababu Naidu and hisopportunistic politics. This committee demands TDPto apologize with Muslim Community and withdrawthe resolution. Otherwise, if he follows the samepolicies his party may end like BJP and the time willcome when Babu will have to his native placeKuppam to spend his remaining life.

This committee questions Muslim leaders asto what are they doing, why are they still in the partyand what is the reason for not protesting againstsuch barbaric remarks against their community. Thiscommittee appeals to all the secular people,especially Muslims to be careful with Telugu Desamparty, its leader Chandrababu Naidu.

Dated:6 July 2010

Condemn the encounter Killing of AzadMurder of Azad part of ‘Operation Green Hunt’

Civil Liberties Monitoring Committee whilecondemning the encounter killing of Azadspokesperson of Maoist party, said that Azad wason the mission of peace talks proposed by the Indiangovernment and was on tour to Nagpur for thispurpose, at that time Andhra police kidnapped andbrought him to Adilabad district, tortured and killedhim. Another person named Hemachandra Pandeya journalist was also killed along with Azad to hidethe reality of fake encounter. The killing of Azadwho was on the mission of peace talks is not just theinhuman act but also against the principles of war.The damage caused to the peace talks andcease-fire due to the murder of Azad and if theviolence increases after this, the wholeresponsibility would be on the central governmentand the Andhra police. The double standard ofIndian government has come out clearly with thekilling of Azad. On one side the proposal of talks aresought and on the other side the spokesperson of theMaoist party is killed at the time when they were

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coming to start the process of talks. With this, it isclear that Indian government is not serious about thepeace and has become puppet in the hands of multi-national companies. The interests of these companiesare more important than the peace in the country.Azad’s murder has taken under the ‘Operation GreenHunt’, where the Indian government is killing its owncitizens to please the multi-national companies. Infact, at present the country is on the path of civilwar.

Civil Liberties pay its tribute to Azad. As perhis vision, he chose the path of struggle for thebetterment of society and sacrificed his life for thispurpose. Civil Liberties believe that this type ofkilling cannot suppress any movement orideology. The problems can be solved only with thehelp of talks and negotiations, but not by these kindsof murders. We demand with the government of Indiato stop killing in the name of encounters and resumethe peace talks.

Dated:11 July 2010

Demand to the Indian Government to Restore Life andLiberty of Kashmiri People

Withdraw the Armed Forces from the Kashmir Valley

Civil Liberties Monitoring Committee Indiawhile expressing deep concern over the violation ofhuman rights in the Kashmir valley, sent a letter tothe Prime Minister of India by Fax message,expressing its deep concern over the excessivedeployment of Army to take on the democraticprotest by people of Kashmir, and demand towithdraw the armed forces from the valley andrestore the life and liberty of Kashmiri people.

Civil Liberties in its statement said that, onceKashmir was called as Paradise on the Earth, butnow its condition is so worse that it has become agrave yard of lakhs of people. Within twenty yearsof period one lakh of people have been murdered.Within few years, six hundred grave yards haveappeared. The violation of human rights is soinhuman that in front of a mother, a girl child is rapedand in front of a girl, a mother is stripped naked bythe army. Youth are tortured in such a manner thatthe iron rods are inserted into their legs. One lakh of

reward is given for killing one person. Thousands ofKashmiris are lagging behind jails in different partsof Kashmir and in different parts of India withoutany trial. Army is attacking the civilian’s houses andkilling the Kashmiri youths in the name of encounters.There are number of scams that expose the armedforces acts who take the help of kidnappers inabducting people for the sake of fake encounters. Itis a matter of shame for the humanity that nowKashmir is a place for giving the rewards andawards for killing the people, giving promotion andmonetary benefits on carrying out rapes and atrocitieson people of the valley. All kinds of draconian lawsexist in the valley.

It is high time for the civil society to pressurizethe Indian government, to respect the UniversalDeclaration of Human Rights (UDHR), withdrawthe armed forces and restore the confidence of thepeople of the Kashmir valley. The recent violence inthe Kashmir in which army killed many youths is a


On occasion of the international Teachers Day,Civil Liberties express its deep concern over theviolation of human rights of teachers. The aim ofcelebrating Teachers day is to pay respect and torecognize the importance of this profession.However, it is very sad to say that today thisoccasion has become a formality and nothing but tosprinkle salt on the wounds of teachers. In fact insouth Asia or sub continent the governments hashanded over the educational system into the handsof NGOs and the total educational system hascollapsed. The relations between education,teaching and learning have scattered. Educationalsystem under the pressure of NGOs and otherdepartments are taking its last breath. Under thesecircumstances, teachers’ dignity is lost. Thecondition of teachers has become similar to a labour.As per the information received to the CivilLiberties, the behavior of non-teaching staff and theof ficers of education department and have becomeinhuman towards teachers. They speak to them ininsulting way. They do not have teaching andeducational experience and also do not know thedefinition of education; these kinds of people aredominating on teachers. Every Government

bureaucrat thinks teachers as a blackboard. Theycarry all kinds of practice on these teachers.Teachers after passing through all theseexperiments and facing insulting behaviour,teachers have lost their identity. Female teachers’trouble is unimaginable. They are exploited at everystep. In fact, the self-respect of teachers isoverpowered. Without self respect even a commonman cannot lead his life, so how can a teacher whois intellectual part of the society, they can not spendpeaceful life and fulfill his/her responsibilities. CivilLiberties feels that all these are part of privatizationand globalization, and the ruling classes of thissub-continent are also equally responsible, becauseof them teachers are forced to lead their lives withlack of respect. Their own self-interest is moreimportance to the leaders of ruling community. Theyare least bothered about the teachers’ self-respect.Under these circumstances, Civil Liberties appealsto all the teachers to fight for the restoration of theirself-respect; they should raise their voice against theinhuman behaviour, exploitation, cheating andviolation of their human rights, they should not keepquiet against injustice, and then only they can lead arespectable human life.

highly condemnable and inhuman act and the usingof army and Para military forces against the civilianswho are protesting in democratic manner, is aviolation of national and international human rightsguidelines.

Therefore, Civil Liberties MonitoringCommittee states that Kashmiri people are thevictims of state terrorism. The demand of Kashmiripeople for self determination is a democratic rightwhich is already admitted by the Indian government

Secretary Civil Liberties Monitoring Committee,released a statement by stating that for the past fewdays many views are coming out on the occasion ofthe judgment on Babri Masjid that is coming nearer.On one side the Hindutva forces are openly declaringthat they will not respect the judgment if it goes

5 September 2010

Civil Liberties message on the occasion of International Teachers’ DayTeachers should fight for the Restoration of self respect,

against Injustice, Discrimination, and Violation of Human Rights

Dated:19 September 2010

The existence of Babri Masjid a realityStruggle will continue till the reconstruction of Babri Masjid

and international community. By looking at the massviolation in Kashmir valley, one can say that theIndian government’s claim of protection of law &order and human rights are fake. Therefore, wedemand Indian government to withdraw the armedforces, end the draconian laws, release the Kashmiripeople from the jails, start the peace talks with theKashmiri leaders and resolve the Kashmir problemaccording to the will and wish of the people ofKashmir.


against their wishes. This means they are ignoringthe respect towards the court as well the Indianconstitution. They clearly said that it is a matter offaith and the RSS ideology and BJP politics dependupon this. On the other side, the people belonging toMuslim organizations express their belief on Indian

constitution and judiciary and they opine that even ifthe judgment comes in favour of them or againstthem, they will neither celebrate nor protest on thejudgment. The government of India is appealing thepeople by conducting the meetings of the Hindu-Muslim ruling class, to extend their cooperation inmaintaining the peace.

Under these circumstances, on behalf of theCivil Liberties we clearly state that the existence ofBabri Masjid is a fact. The demand of justice is thatthe place should be handed over to the Muslims andthe government of India should re-built the Masjid atits same place and punish the culprits of the demolitionof Babri Masjid. This is also necessary because on6th December 1992, the miscreant group (ChandaalChoukdi) of Advani, Joshi, Uma, Kalyan Singh, andTogadia, gathered lakhs of Hindutva terrorists inAyodhya and under the supervision of CongressPrime minister, Narsimha Rao, demolished the BabriMasjid by using the explosive material. In fact, itwas a serious pre-planned terrorist activity with manymasterminds involved belonging to Indian ruling class,excluding their political parties’ connection. It is amatter of deep concern that the criminals of thisterror act are still free and enjoyed the seats of PrimeMinister and Home Minister of India. Only courtshave remained as a ray of hope for justice.

Civil Liberties believe that if Indian Judiciaryprotects its own respect and to continue itsstandards of justice, it will have to deliver judgmentin favour of Babri Masjid. The judgment against theMasjid or hesitating or reluctant judgment willcollapse the system of Judiciary that may lead thiscountry towards civil war.

At this juncture, there is no need for the Muslim

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ruling class to be out of senses and to appeal Muslimcommunity neither to express their happiness norsorrow on the coming judgment. The common Muslimhas complete right to express their emotions in ademocratic manner, within the framework of law.As far as the Muslims are concerned, under thesecircumstances, there are prophet’s guidelinesregarding how to face the situation like this. ProphetMohammed has instructed to follow the path oftemperance and moderation. The common belief andfaith of the Muslims is that the decisions take placenot on the earth by the people but on the sky by Allah.

Civil Liberties believe that whatever may bethe court judgment, the Babri Masjid is chasing itscriminals. The criminals of Babri Masjid will becomethe symbol of admonition. The example of this isthe half burnt naked corpse of Narsimha Rao eatenby dogs and this was witnessed by the whole world.Under his supervision, Babri Masjid was demolished.It is evident by the sad faces of Advani, Uma,Togadia, Joshi and Kalyan that they are undergoingsleepless nights and the life has become miserablefor them. Finally, Civil Liberties states that RajivGandhi had done a grave mistake by conducting shila-nyas in the Babri Masjid premises for the sake ofvote bank politics and to show his political tactics,the world has witnessed the end of Rajiv Gandhi.There is only one way to maintain the peace andharmony and to protect the country by re-constructing the Babri Masjid, which is nothing butto rectify the mistake done by Rajiv Gandhi, i.e. wewant to say clearly that the mistake was done by thefather and it is the responsibility of the son (RahulGandhi) to rectify the mistake, otherwise he mayalso face the political end.

20 Sept 2010

Politics on Batla House Encounter Killing

It is a matter of deep concern that aftercompletion of two years of Batla house encounterkilling government of India did not initiate anymeasure to provide justice, it did not even order anyjudicial enquiry and ignored the popular demand oflocal people. Here congress double standard isexposed, one side congress senior leader droppedhints of it being “fake” during his recent visit toAzamgarh he openly stated, “I have seen thephotographs of the youths killed in the encounter. Ithink there should be a probe”, he also promised tomake efforts for the speedy trial of accused in one

court and was seemingly worried with the wayNational Human Rights Commission (NHRC)carried out a one-sided inquiry. It seems that Singhis an attempt of the Congress party to reach out tothe minority community, which is angry at the waythe security forces have targeted them under the guiseof their ‘war against terror’. “UPA’s dubious policyof extending healing touch on one hand and the arrests,propaganda and delayed trials on the other continues.Also, the photographs of the deceased have been incirculation since the day of their burial. Why has theCongress-led UPA consistently bulldozed the demand


for a fair probe, hiding behind the so called enquiryconducted by NHRC?”

It will be interesting to watch how the congressUPA government squares with Singh’s observationsabout the Batla House encounter that took place in2008. After all they not only declared a Delhi Policeofficer, MC Sharma, a martyr, but also gave him agallantry medal. From this standpoint if theencounter is declared as fake then how will theyexplain Sharma’s gallantry? Here one canunderstand that batla house encounter killing isnothing but to suppress the Muslim community bylabeling them as terrorist, it is a part of Hindutvaagenda to defame them and isolate them from themajority community and to keep them away frommainstream. This clearly reflects that Muslims arenot terrorists instead they are victim of statesponsored terror and Indian ruling class attitude issame and nothing much difference on targetingMuslims in the name of fight against terror the policyis same but methods are different.

The mastermind of these politics is no one elsebut the Indian ruling class, who is nurturing thesekinds of people and also protecting them, not onlyfrom recent years but from hundreds of years. Theresult of which is the killing of the Gandhi afterindependence.

How the police is targeting the Muslimcommunity can be understood by the examples suchas, police is suspecting the engineering students bysaying that they are manufacturing the bombs, theexample is Imran, an engineering student. His books

30 September 2010

Court has given the Judgment but not Justice

Civil Liberties Monitoring Committee in astatement expressed deep concern on the verdictof Allahabad High court on Babri Masjid. He saidthat it is just a political Judgment but not justice. Courtverdict should be based on the legal system but noton faith and emotions of majority community. Today’sverdict is against the standard of justice because it isbased upon belief. It seems that verdict isinfluenced by politics, and the nexus of congress andBJP can also be seen upon the verdict. Today’sjudgment broke the justice in to three pieces. Thisverdict has shaken the confidence of Muslims andfailed to fulfill their hopes with Indian judiciary. Civilliberties believe that these three members bench of

Allahabad High Court dissolved the case instead ofsolving it. Civil liberties believes that justice can beachieved by continues struggle and what happenedtoday is nothing but one step towards this long fightfor justice. On this occasion Civil liberties committhat the struggle will continue at the legal level andas well as public level till the re construction of BabriMasjid on the same site. The Indian rulers shouldkeep in mind that the confusing statement is aquestion mark on the Indian judiciary and rule oflaw. Whatever the verdict of court might be, the factis that the Babri Masjid is chasing its criminals andthey became symbols of admonition.

became tool for manufacturing bombs. Anotherexample is Dr. Junaid, his medicines became theexplosives & RDX and he himself became thesuspect of providing medical treatment to theterrorists. The third example is an ordinary youthRayeesuddin, an electrician; his work was linked withtechnical help in preparing bombs. The otherexample is an auto rickshaw driver, Abdul Raheem,as he is a driver he was blamed to be importing andexporting explosives from one place to another.

Finally, to understand the politics of terrorism,one has to go through the killing of Sohrabuddin andKausar Bibi, in which not only the police of threestates i.e. Gujarat, Rajasthan and Hyderabad areinvolved but also the Indian ruling class belonging tothe BJP and Congress parties. These parties areplaying politics on the debris of the dead bodies ofthe Muslim community. Congress and BJP are thetwo sides of the same coin. According to a victim ofGujarat, Congress gets the power by showing thedead bodies of Muslims and Modi gets power byshowing the Muslims as terrorists.

Therefore, to resist the Hindutva terrorismall the Democrats, women organizations, Dalit &BC organizations should get united and bringawareness among people to fight against theincreasing activities of Hindutva terrorists in ourcountry. The base of Democracy is Secularism, andthe protection of the secular values iseveryone’s responsibility. It should be kept in mindthat, injustice anywhere is threat to justiceeverywhere.


Self-Determination is birth right of Kashmiri PeopleDemand to the Indian Government to Restore Life and

Liberty of Kashmiri PeopleWithdraw the Armed Forces from the Kashmir Valley

Civil Liberties Monitoring Committee Indiaexpress deep concern over the violation of humanrights in the Kashmir valley, the happenings inKashmir over the past few months need no retelling.The situation has deteriorated to extreme levels withunarmed civilians, mostly young teenagers beingkilled by the Indian armed forces with impunity. Thetoll from June has reached 112, with the numbers ofinjured, maimed, and blinded much more. Curfews,bullets, tear smoke have become a routine to suppressthe peaceful democratic protests. while many peoplehave shown concern about the recent turn of events,it is very important to contextualize the wholesituation. We need to ask the question as to whypeople are being killed in hundreds, injured inthousands, kept behind bars, tortured and maimed.It is important at this juncture to bring the attentiontowards the fact that the basic issue at handregarding the Kashmir dispute is the Self-Determination of the people of Jammu & Kashmirfor which they have been steadfast and hence beenthe target of the repressive military machine of theIndian State. The people of Jammu & Kashmir areclear about the fact that what they want is Azaadiwhich they have time and again defined in coherentterms of letting them decide their own future.

Once Kashmir was called as Paradise on theEarth, but now its condition is so worse that it hasbecome a graveyard of lakhs of people. Within theperiod of twenty years one lakh people have beenmurdered. Within few years, six hundred graveyardshave appeared. The violation of human rights is soinhuman that in front of a mother, a girl child is rapedand in front of a girl, a mother is stripped naked by thearmy. Youth are tortured in such a manner that theiron rods are inserted into their legs. One lakh of rewardis given for killing one person. Thousands of Kashmiris

are lagging behind jails in different parts of Kashmirand in different parts of India without any trial. Armyis attacking the civilian’s houses and killing theKashmiri youths in the name of encounters. Thereare number of scams that expose the armed forcesacts who take the help of kidnappers in abductingpeople for the sake of fake encounters. It is a matterof shame for the humanity that now Kashmir is a placefor giving the rewards and awards for killing the people,giving promotion and monetary benefits on carryingout rapes and atrocities on people of the valley. Allkinds of draconian laws exist in the valley.

It is high time for the civil society to pressurizethe Indian government, to respect the UniversalDeclaration of Human Rights (UDHR), withdrawthe armed forces and restore the confidence of thepeople of the Kashmir valley. The recent violence inthe Kashmir in which army killed many youths is ahighly condemnable and inhuman act and the usingof army and Para military forces against the civilianswho are protesting in democratic manner, is a violationof national and international human rights guidelines.

Therefore, Civil Liberties MonitoringCommittee states that Kashmiri people are thevictims of state terrorism. The demand of Kashmiripeople for self-determination is a democratic rightthat is already admitted by the Indian governmentand international community. By looking at the massviolation in Kashmir valley, one can say that theIndian government’s claim of protection of law &order and human rights are fake. Therefore, wedemand Indian government to withdraw the armedforces, end the draconian laws, release the Kashmiripeople from the jails, start the peace talks with theKashmiri leaders and resolve the Kashmir problemaccording to the will and wish of the people ofKashmir.

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6th December a Black Day!Demand to construct the Babri Masjid at the same site!

Court has given the Judgment but not Justice!Save the Secular Fabric and Democratic Structure of India!

Court’s attitude of ‘Status Quo’ is Damage to the Idea of India!On the occasion of 18th anniversary of Babri

Masjid demolition, we express our deep concern thatBabri Masjid is still denied of justice. The criminals

are still roaming freely. All the democratic and secularpeople of this country were in hope that the courtwill do justice with this issue. But, the court has given


Dated:6 December, 2010

Dated: 28 Nov 2010

1. Construct the Babri Masjid at the same site.2. Punish the criminals of Babri Masjid demolition.3. Stop the attacks on Minorities, Dalits and Adivasis.4. Close the Hindutva terrorist camps.5. Provide justice based on Indian Constitution.

Dated:11 Dec 2010

On the occasion of International Human Rights DayCommitment to Protect the Human Rights

We want Civil Rights upheld; We want Human Rights respected and recognizedSection 144 should be immediately withdrawn from the Hyderabad city

and the right to freedom of expression should be restored

On the occasion of the 62nd year of UniversalDeclaration of Human Rights(UDHR) andInternational Human rights Day, Civil LibertiesMonitoring Committee India pays its homage to allthe human rights activists who sacrificed their liveswhile fighting for human rights. We pay tribute to allthe human rights activists who are struggling for theprotection of human rights and resisting the staterepression by taking risk of their own lives. On thisoccasion, we express our solidarity with all thehuman rights activists of this world, who are facingharassment and languishing in jails all over the world

judgment on the basis of faith but not justice. This isa big question mark on the Indian Judiciary! Becauseof this, we do not accept this verdict which is basedupon Hindutva faith. It seems that the Hindutvaideology has infiltrated into the Judiciary. With thisverdict, Judiciary has agreed with the Hindutvaideology that they do not respect democracy, Indianconstitution but only faith. In fact, this is a great threatto the secular structure of Indian democracy. Insteadof solving the problem, the court has dissolved theissue, which has become even more complicated.

Injustice has been done always to the Muslimcommunity. In 1949, Hindu fundamentalists placedthe idols in the Babri Masjid premises, Muslimsappealed before the court, but it said ‘Status Quo’because of which the idols remained there and theMuslims right to pray was denied. Again in 1986, theopening of locks became ‘ status Quo’, and the Hindufundamentalists became more benefited. In 1989, theShilanyas became ‘Status Quo’, which gave courageto the Hindu fundamentalist to go to any extent. Inaddition, with this courage, they played a heinouscrime by demolishing the Babri Masjid in 1992 andeven this became ‘Status Quo’. Finally, the recentverdict has come again in favour of Hindutva faithand again the court said ‘status Quo’. This way theIndian Judiciary has always consolidated the strength

of Hindutva forces by applying “Status Quo” aftereach and every incident of violation of rule of law bythe Hindu Fundamentalists’. Thus the court’s attitudeof ‘status Quo’ is nothing but ‘status Quo’ on justiceand the whole criminal justice system has collapsed.

On the occasion of 18th anniversary of BabriMasjid demolition, after the courts verdict wecondemn the court verdict given on the basis ofmajority faith, and we want say now, this issue is notof Muslims or non-Muslims, rather it has become anissue of Secularism versus Hindutva Fascism; Indianconstitution versus Hindutva faith. People arewondering as to how the court has decided that thislegendry character is born under the central domeof Babri Masjid! If judgments are given on the basisof faith, then what will happen to the Indianconstitution and Indian penal Code?

We strongly believe that Ram Janmabhumi isan imaginary thing but the Babri Masjid and its landis a fact. But the Hindutva fascists’ forces are tryingtheir best to deny this fact. Therefore, this forumwants to remind these forces that the facts willthemselves prove what the reality is! Now at thismoment, not only Muslims but other millions of peoplewho believe in the secularism want to say unitedly ina single voice the following:


only because they question the state on theatrocities and violation.

The United Nations Commission of HumanRights declared the year 2011 on the name of humanrights defenders by stating, “Human rights defendersacting against discrimination, often at great personalrisk to both themselves and their families, are beingrecognized and acclaimed on this day. Human rightsdefenders speak out against abuse and violationsincluding discrimination, exclusion, oppression andviolence. They advocate justice and seek toprotect the victims of human rights violations. They

demand accountability for perpetrators andtransparency in government action. In so doing, theyare often putting at risk their own safety and that oftheir families”.

On this occasion Civil Liberties MonitoringCommittee express its grief and sorrow ondegrading standards of human rights at internationallevel. We condemn American Imperialism, which isthe greatest threat to the humanity on this globe. Webelieve that the American imperialism is the routecause of human rights violation that is spreading allover the world. We condemn the Israeli Zionism thathas violated all the rules and norms of human valuesand occupied the Palestine, committed the crimeagainst humanity by blocking the Gaza strip.

At the national level, we condemn the stateattitude towards the indigenous people by wagingthe war in the name of ‘Operation Green Hunt’. Thisis nothing but war hysteria of Indian ruling class.We also condemn the silent genocide that is stillunderway continuing in Gujarat state and slowlyspreading in different parts of the country. This is agreat threat to the co-existence of multinational, multicultural and multilingual communities of India. Webelieve that this is nothing but Hindutva Fascism,which is a great threat to Indian Democratic andSecular fabric.

At the state level, we express our graveconcern on the repression of peoples’ movement forthe sake of separate Telangana state. We stronglycondemn the acts of state and non-state agenciestowards the violation of human rights at every level.

On this occasion, we would like to speakespecially for the people of Hyderabad who aresuffering due to the continuous prohibitory orders bythe state by imposing section 144 in Hyderabad city.This is the serious violation of their democratic rightsand right to freedom and expression. People ofHyderabad are not in a position even to express theirdemocratic protest and on the other side the rulingclass led by the then Chief Minister K.Rosaiah helda demonstration in the heart of the city i.e.Basheerbagh just for the sake to please Ms.SoniaGandhi. Therefore, we question the double standardof law enforcement agencies of the state. We wouldlike to remind them that they are not the slaves ofruling class in fact they are the public servants. Theirduty is to protect and guide the interests of commonpeople and implement law without any discrimination.There should be no two laws one for ruling classand another for common people.

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On this occasion, Civil Liberties MonitoringCommittee India replenishes our pledge by statingthat we will continue our struggle inspite of all kindsof repression, oppression and discrimination by thestate and non-state agencies.

Even after all the above we have succeeded inexposing the illegal detention, torture and torture cells.We have been able to succeed in acquittal of theseyouth who were falsely implicated as well as exposethe real terrorists.

Therefore, we promise to the people of this worldthat we are always with the struggling people of thisworld and fight for the right to life with human dignityof a common man.

Demands:1. We demand American government to withdraw

its troops from illegal wars.

2. We demand Israel to liberate Palestine from itsillegal occupation and lift the blockage of Gazastrip.

3. ‘Operation Green-hunt’ should be stoppedimmediately and protect the life and liberty ofindigenous people and initiate the peace talkshonestly with the CPI Maoist.

4. Provide justice to the victims of GujaratGenocide and punish the criminals under the crimeagainst humanity.

5. Stop the fake encounter killings and investigatethe fake encounter killing of Sohrabuddin in freeand fair manner so that the criminals of threestates should be brought under justice.

6. The criminals of Babri Masjid demolition shouldbe punished.

7. The victims of Bhopal Gas tragedy should berehabilitated and the government of India shouldbe with the victims of this tragedy but not withthe union carbide.

8. Repeal all draconian acts including the UAPAand the AFSPA.

9. Indian army should be immediately withdrawnin Kashmir and North-east and the hopes andaspirations of the people should be honoured.

10. Life convicts those who have alreadycompleted 14 years of imprisonment should beset free.

11. Stop the atrocities on minorities, Dalits, Adivasisand women and punish the criminals ofKandhamal massacre.


Civil Liberties Monitoring Committee hasobserved that, from the past few days a rumour isspread through newspapers, few individuals thatChief Minister Mr. Kiran Reddy has apologized withthe Muslims on the illegal detention, arrest, torture,implication in false cases and ruining the lives ofMuslim youth after the Makkah Masjid blast. CivilLiberties want to make it clear to the people thatChief Minister has not said anything that can beconsidered as apologetic. Instead, a drama wasperformed in the assembly in which salt was sprinkledon the wounds of Muslims and politics played on thename of youth who underwent torture. Once again,Muslims have been betrayed by making confusingstatements and the unwise Muslim politicians whowere present in the Assembly are satisfied with thesekinds of statement. Because of this jumbling of wordsthey feel that they have safely escaped from theirresponsibilities and started thanking Chief Ministerand Speaker. Everyone is stun as to why a thanks

giving was going on to Chief Minister, whereinnothing exclusive statement was given by him. Thevictim youth are wondering as to why and for whatis Chief Minister being thanked again and again.

Civil Liberties want to remind people that inthe year 2008 November, itself Mr. Md. Ali Shabbiron behalf of government had used the same wordsand announced compensation plan and rehabilitationas well. However, this plan is waiting to beimplemented. The present Chief Minister has donethe same and nothing is new in his statement. Hehas just twisted the earlier statement and ifanalyzed properly, one can understand that he hasnot admitted the facts of illegal detention, torture,torture cells and implication in fake cases. On theother hand, on the representation and fact-findingreport of Civil Liberties Monitoring Committee, theNational Commission for Minorities had visitedHyderabad and presented the report on theatrocities in 2008 to the state government. In it, the

Dated:20 Dec 2010

Chief Minister of A.P. did not apologizeMuslims should not Misunderstand the Statement

of Chief Minister Kiran ReddyDo not play Politics with Muslims’ Sentiments

12. Punish the Hyderabad police officers whoimplicated Muslim youth in false cases andapplied Israeli torture methods. We demand tocompensate the youth and their families as wellas rehabilitate them.

13. Stop violence against women and providejustice to Ayesha Meera who was brutallymurdered allegedly by the political class of thestate.

14. Section 144 should be immediately withdrawnfrom the Hyderabad city and the right to freedomof expression should be restored.

15. We demand free education, better health care,job security, and affordable, available housing.

16. We want civil rights upheld.

17. We want human rights respected andrecognized.

18. We demand an end to injustice.

19. We demand an end to Poverty.

20. We demand an end to disappearances.

21. Stop the torture and torture cells.

22. End the discrimination of caste, class, religion.

23. We demand that the members of parliamentappointed and acting on behalf of the peopleshall have no other vested interest other thanthat of the people.

24. Stop the illegal mining and end the control on thestate by the corporate sector.

25. One lakh seventy six thousand crores of 2Gspectrums of money should be brought back fromthe political class and business class and spentto provide education and health to the poorersections of the country.

On this important occasion of InternationalHuman Rights day, we strongly feel that in IndiaMinorities are not safe. A systematic attempt is goingon to eliminate them and they are facingdiscrimination at every level. Only because ofquestioning and asking for their rights they are beinglabeled as terrorists. Police is implicating them infalse terror cases and spoiling the lives of Muslimyouth with impunity. Therefore, we demand tointroduce an act to end/check the atrocities onminorities.


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Commission had clearly stated that Muslims weretargeted on the name of investigation and thegovernment should take immediate measures tocorrect their mistakes. However, the government isstill silent on this matter.

On the other side, Muslim politicians neverspoke on the illegal detention and arrest of Muslimyouth immediately after the Makkah Masjid blast.They stitched their lips together and remained dumb.We strongly believe that, both the government andMuslim politicians should apologize the Muslim youth,because they remained mum during that time whichis a criminal silence. Apart from remaining silence,they issued defensive and confusing statements,because of this attitude of theirs’ police torturedyouth by giving this reference.

Civil Liberties believe that ‘apology’ is an actin which one admits their mistake with an open heart

and submit their concern unconditional. WhateverChief Minister of A.P. has said in Assembly cannotbe named as apology but it may be called as a dirtyjoke. Due to this, the affected Muslim youthsentiments again have been hurt severely. Theirwounds have again turned blue.

Therefore, Civil Liberties MonitoringCommittee demands the government to stop playingwith the emotions of Muslims. If at all the governmentis serious, it should plead apology concretely. Eachone should be paid rupees twenty lakh ofcompensation. Government should punish the policeofficers that implicated Muslim youth in false casesand tortured inhumanly. A G.O. should be releasedfor the withdrawal of false cases against the youth.Government should act immediately on the reportsof National Commission of Minorities and StateMinorities Commission.

Civil Liberties Monitoring Committee in itsstatement condemned the court verdict and said thatDr. Binayak Sen is given life sentence on theallegation of sedition and conspiracy, which is anunjust act of judiciary. This verdict clearlyreflects the politics of ‘Operation Green Hunt’ thatis under the influence of Corporate sector. Underthis, the government has violated all the rules andnorms of Human Rights.

Dr. Binayak Sen has always questioned thestate and made it answerable to the issues. Webelieve that only for this purpose he has beentargeted. Therefore, he has become the victim ofOperation Green Hunt, which is the illegal warwaged by the state against their own people.

This verdict has come during such time whenthe United Nations Commission of human rights hasdeclared the year 2011 on the name of human rightsdefenders by stating, “Human rights defendersacting against discrimination, often at great personalrisk to both themselves and their families, are beingrecognized and acclaimed on this day. Human rights

defenders speak out against abuse and violationsincluding discrimination, exclusion, oppression andviolence. They advocate justice and seek toprotect the victims of human rights violations. Theydemand accountability for perpetrators andtransparency in government action. In so doing, theyare often putting at risk their own safety and that oftheir families”.

Under these circumstances, the IndianJudiciary that has given the verdict is violation ofUniversal Declaration of Human Rights. We believethat court has denied justice to Dr. Binayak Senand in fact has put the human rights behind bars.Hence, it is the duty of every justice loving personof this world to struggle against this act and fightfor the justice of Dr. Sen and free the human rightsfrom the clutches of the unjust state.

We express our solidarity with Dr. BinayakSen, his family and People’s Union for Civil Libertiesand its activists. We are with them in the strugglefor justice.

Dated:24 Dec 2010

Life Sentence to Dr. Binayak Sen is an Unjust ActHe is Victim of ‘Operation Green Hunt’.

As presently constituted, the war against terrorism is waged against persons belonging to theIslamic faith who are faasaaighting against America’s expanding Imperialism. this country shouldnot be drawn into this war unless we wish to turn into international fundamentalists. We mustmove out of the sphere of American influence. We must remember that we have a large populationof the Indian Diaspora in the Middle East and other Islamic countries.

- K.G. Kannabiran, 2nd July 2004


Dated:17th Jan 2011Muslims are Scapegoats for RSS Pracharaks

Demand of Unconditional Apology from the Government of IndiaWithdraw the Cases Registered against the Innocent Muslim Youth

When the Government of Australia can Apologize the Indian CitizenDr.Haneef then why can’t the Indian Government Apologize its own Citizens?

The Idea of India is Shaken


Civil Liberties Monitoring Committee states thatbecause of Swami Aseemanand’s confession andstatements, people and media are in wonder andexcitement. Now they want to know about thesuffering youth and their families. But, it is a matterof fact that our committee is not at all surprised bythe statements of Aseemanand because we havebeen telling right from the beginning i.e. from 18th

May 2007, when the blasts occurred at MakkahMasjid in the heart of Hyderabad, after conductingthe fact-finding we exposed as to what reallyhappened at Makkah Masjid, we clearly stated that“Hyderabad police is misguiding the wholeinvestigation. The naming of the two Islamicorganizations as responsible for the blast without any acceptable clue reveal the mind of theinvestigating agency either to mislead the publicor to divert their attention. By identifying theprobable accused and the organizations with outany preliminary evidence show the attempts ofthe police to close all other areas of suspicion.The investigating agency can only come up withthe names of the organizations which areresponsible for the blast only after eliminatingall other organizations which can be suspectedin such nature of crimes”.

We believe that Swamy Aseemanand’sconfessional statement is curtailed and it seemsthat there is something fishy about thatstatement. There is no mention of logistical localsupport at Hyderabad in his statement. In facthe is taking the advantage of innocent youth, tohide the real facts as well as real culprits whosupported the Swamy in his tasks at Hyderabad.This is again a big conspiracy and this has to beunderstood by keeping in mind all the angles.

From the beginning we have been questioningand raising the following issues regularly:

Why the Hyderabad police have registered twoFIRs of one incident? Why was one case handedover to CBI and another kept with themselves? Whythe Hyderabad police floated the name of ShahedBilal as the mastermind of the blast through themedia? It is very strange that the blast was live

telecasted at the time when blast occurred. Whythere was no regular police check up on thatparticular Friday when the blast occurred? It is theroutine of the police to stand in the last row ofprayers, why were they not present there? Why didthe police open fire on the people who were helpingthe victims of the blast? Why Hyderabad police didnot investigate the role of RSS pracharaks in theincident? Why did Hyderabad police misguide thewhole investigation? It seems that they wanted toshield the real culprits. Why the innocent Muslimyouth were picked up, illegally detained, tortured andarrested? Why did the Hyderabad police propagatethrough media that they arrested a number of Muslimyouth in connection of blast? But in the court of lawthey produced the documents which stated that theywere conspiring against the state and Asiatic powersby sitting in the Kalapather graveyard. Why werethe innocent Muslim youth labeled with conspiracycases? Is this not the conspiracy of the Hyderabadpolice to divert the case and target the whole Muslimcommunity, due to this criminal act of police severalother blasts occurred across the country? Why didthe Hyderabad police submit the secret report to thegovernment in which they stated that due to thesectarian differences among Muslims, the incidentof the blast took place in the Masjid? Is it not theconspiracy of the Hyderabad police against thewhole Muslim community?

By keeping in mind the above questions, onecan say that the role of Hyderabad police is highlysuspicious in the Makkah Masjid blast, after the blastsand in the investigation of the blast. By taking theadvantage of the blast, the Hyderabad police pickedup hundreds and Hundreds of youth, by violating allthe rules and norms of law, illegally detained,tortured in inhuman manner and forced them to takethe responsibility of the blasts and also offered lakhsof rupees and lured them. Hyderabad policetortured the youth by giving the reference as to whythey were demanding the CBI enquiry intoSohrabuddin’s fake encounter and Makkah Masjidblast; here the doubts arises in the minds thatwhether there is any connection of the above twoincidents because when the blast occurred,

Sohrabuddin’s matter was on high scale and the roleof Hyderabad police in it was being questioned.Many police officers were under suspicion. Even theCBI is not being cooperated by the Hyderabad policeto conduct proper investigation till date. After the blastthe whole concentration was diverted towards thisincident and the Sohrabuddin’s matter was setback.Whenever the youth said during the torture to look atthe other people i.e. RSS, they were beaten moreseverely asking not to mention about the name of RSS.

Now the RSS role is exposed in the Hyderabadblast and several other blasts such as Nanded, Jalna,Parbhani, Bhopal, Malegaon, Samjhauta Express,Ajmer, Modasa, Margoa (Goa), and Delhi. Atleastnow the government of India should realize as towho the real terrorists and anti-nationals are. It isthe high time of government of India to rebuild theconfidence of Muslims on the secular anddemocratic fabric, because this community becamethe victim of Bomb terror, Mob terror, State terrorand RSS terror. During resisting of these terrors thiscommunity lost everything. Due to these terrors itwas the Muslim community which suffered in allways i.e. they became the target of the blasts, theylost their lives in the blasts, they were blamed forthese blasts and also arrested for these blasts andare still languishing in the jails across the country.Actually it is the greater conspiracy against theMuslims to defame, morally suppress and sociallyisolate them. Infact, it is the RSS conspiracy whichis the worst form of human rights violation of Muslimsto destroy the human dignity and to deny right to life.

Atleast, now the government of India shouldrealize that the investigating agencies are biased.Because of them India is defamed at internationallevel. Many innocent people lost their lives becauseof the police and investigative agencies. Therefore, itis the time to recorrect and apologize with Muslimcommunity and assure them that these kinds ofblunder mistakes and conspiracies will not berepeated against them in future. The assurance shouldnot be merely mouth word but it should be practicallyimplemented. It is the duty of the government of Indiato protect and implement the fundamental dutiesprovided by the constitution of India.

One thing we want to ask the Prime Minister ofIndia is, why the Indian government and their stategovernments are hesitating to mention apology for thewrong doing of the government and theiragencies. Due to this Muslims are still suffering forthe mistakes unknown to them and done by RSS.When the government of Australia can apologize to

the Indian citizen Dr. Haneef for detaining him in falsecharges, they have even compensated him with thejob and billions of dollars to protect their country’sdemocratic dignity in the world, then why cant theIndian government which is said to be the largestdemocratic country in the world, apologize and offerdamage compensation to its own citizens, when it hasbeen proved that they are innocents. It is the failureof the republic India to protect the idea of India.

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Therefore, we demand the following to thegovernment of India:

1. Apologize unconditionally to the whole Muslimcommunity and particularly to the people whobecame the target of RSS and police terror.

2. Written apology to the youth who were falselyimplicated in terror and anti-national charges.

3. Withdraw the cases registered against theinnocent people; we demand specially the A.P.government to apologize the Muslim youth inwritten manner.

4. Issue the G.Os for the withdrawal of false casesagainst the youth i.e. FIR No. 198/2007 ofRamgopalpet PS, 75/2007 of CCS, and 100/2007of CCS and the cases registered since 2004.

5. Investigate, expose and arrest the RSSpracharaks of Hyderabad involved in providinglocal logistical support to RSS pracharak SwamyAseemanand involved in bomb blasts.

6. Register the case against the Hyderabad policeofficers who falsely implicated the Muslim youthand tortured them inhumanly, and misguided thewhole investigation.

7. Compensate the victims of police torture bypaying them rupees twenty lakh per head forthe damages.

8. Rehabilitate the victims of khaki terror.9. Re-investigate all the bomb blasts cases from

the beginning through CBI.

10. The role of Hyderabad police officers shouldbe investigated by CBI because there is nexusbetween Hyderabad police and RSS pracharaks,and also with other states police.

11. Bengali speaking Muslims were also targetedafter the blasts in Hyderabad city, we demandthe government of AP to stop suspecting theother state Muslims living in Hyderabad.

12. We demand the government of India to end thetorture and disappearances and close the torturecells. Dissolve the special investigation teamsespecially made to target the Muslims.


FACT-FINDING REPORT

The Fact- Finding Committee consistingof members from five organizations namelyLateef Mohd Khan, Kaneez Fathima, A.Srinivas,M.Mandakini, S.Q.Masood, from Civil LibertiesMonitoring Committee, Jayaraju from KulaNirmoolana Porata Samiti, M.Raju from PatrioticDemocratic Movement, M. Agamani fromChaitanya Mahila Samaikhya and D.V.Ramakrishna Rao from Progressive WritersForum (VIRASAM) visited the areas of Hyderabad,where violence took place. The areas visited areMadannapet, Kurmaguda, Hussaini Alam, MoosaBowli, Tadbun, Shamsheergunj, Chatrinaka, LalDarwaza, Shah Ali Banda, Musheerabad, andBholakpur. The team met different sections of peoplethose who were affected by the violence andsubsequent curfew. The team also visited Masjids,Mandirs, Gowshala, Dargah, houses, shops andpeople who were attacked during the violence.According to our observation, thirty six Masjids, andfew Dargahs were attacked and damaged severely,three Mandirs and one Gowshala was also attacked,property including houses, shops, vehicles, hotels, panshops, fruit and vegetable shops etc. were eitherburnt, damaged and looted in Hyderabad city. In thisviolence hundreds of people got injured by stonepelting, lathis and three persons died due to stabbing.Hundreds of youths were illegally detained andarrested.

First Phase of violence:Violence in the Hyderabad city started in the

Madannapet area on the evening of 23 March 2010.We observed that this area is a locality of mixedcommunities. As per the version of local people, onthe occasion of Eid Milad un Nabi, one communitypeople tied small flags on two sides of the roads,lanes and by-lanes. These flags were not removedafter the festival and continued till one month. In thecompetition of this, another community also wantedto tie the flags on the occasion of Sriramanavami.The real problem started when the green flags wereremoved to tie saffron flags. Meanwhile the elderpersons of Muslim community requested to givesome time to remove the flags, but the localCorporator of BJP, Sahadev Yadav provoked theyouth to tie the saffron flags by removing green flags.He managed to gather hundreds of youths from

different places of city. Some of them were evendrunk. The same day at 10.45pm, a large mobgathered and started stone pelting without consideringwhether they are Hindus or Muslims. Houses of boththe communities were damaged due to stone pelting.Shops were looted. This mob even attacked burqaclad Muslim women. Due to this, violence spread inthe nearby areas spontaneously. According to theversion of the local people, Hindus and Muslims areliving peacefully in this locality since many years.However, some outsiders created the violence andflags became the primary reason for it. They alsosaid that this whole thing was pre-planned and themob came with the stones and lathis to create ruckus.They also said that during the whole violence in thisarea, police presence was negligible. This area isalways sensitive because of the presence of HinduVahini, VHP, Bajrang Dal and other RSS shakhas.From the past two years, this area has continuouslywitnessed violence. Police personnel have not takenpreventive measures and municipal authorities didnot pay attention. According to them, police istargeting the Muslim youth, a number of youth havebeen picked up, illegally detained, and few of themhave been shown arrested. Police has registerednumber of cases on Muslim youth, and these youthare not in a position to come out on bail.

Second phase of violence:Even after such problems and violence in

Madannapet area, due to the flags and religiousfunctions, government and police did not take anyprecautionary measure before it started again andspread in other areas after four days on the sameissue. The native of Moosa Bowli, who is the ownerof Kirana store which is run since 60 years, and awomen who runs a private school said on the nightof 27th March, at around 10pm green flags wereremoved to place saffron flags in front of HanumanMandir. Thus, violence started, which was instigatedby a TDP corporator of Mangalhat area, Raja Singh.He brought some 200 people who came in RTC busesand spread in all the nearby localities, they werecarrying mobiles, stones, lathis, and talwars withthem. They were continuously talking on their mobileswhile spreading themselves. They systematicallyattacked houses, shops, Masjids, schools in those partsof areas. This committee contacted the local residents

A Fact-finding Report of Violence in Hyderabad-2010Violence Politically Motivated

Hari Lungi Munh Mein Paan, Bhago Saalo Pakistan: A Hindutva Slogan


who belong to both Hindus and Muslims and cameto know from them that the trouble was started bythe mob that had come from outside the areas. Theyalso said that they are living in those localities for thepast few generations. They never witnessed suchtype of incident in their lives. They even said it is thenegligence of police, it became the silent spectator ofthe violence and when local people approached anddemanded to act, the police washed off their handsby saying we do not have power to control.

The fact finding committee visited the twohundred years old Masjid-e-Mahboob Shahi whichwas attacked on the 27th midnight 12 O clock by themob. According to a research scholar of JamiaNizamia who resides in a room of the masjid said,when the green flags were removed to placesaffron flags, some Muslims objected to it becausethey still had to celebrate another festival and thenthe arguments took place between the two groups.Suddenly a mob started stone pelting on Mandirs andMasjids. That scholar said this is nothing but becauseof some anti social elements, the situation becameworse. Hindus and Muslims live in a friendly manner,he further said that there is a tailor’s shop by a Hinduin front of Masjid, every day we greet each other.Whatever happened was preplanned to disturb thepeace. As an Islamic research scholar, he said that,“any such thing which creates nuisance should beavoided. If at all such type of people exists in oursociety, we should stop them. Because, the ultimateloss would be ours. He further said Eid Milad unNabi is a message of peace and harmony, the placingof flags is not the culture of Islam. Show put up andwastage of things is prohibited under Islam. Eid Miladun Nabi should be used for the purpose of educatingpeople but not for show put up. The presentgeneration has to be taught about the Islamiceducation, the unnecessary placing of flags withIslamic symbols and slogans is an act of disrespect.If at all flags were tied, they should have beenremoved immediately after the occasion that is theresponsibility of the people who placed them.Politicians should not be allowed to use religion forpolitical benefits. There is political hand behindwhatever happened in Hyderabad and a factor ofcompetition between green and saffron flags”.

This committee visited Begum Bazaar areawhere Masjids were severely damaged on 27 March2010. Masjid e Mohammedia, Gandhi Galli, BegumBazaar is the most badly damaged Masjid. Fourtombs were demolished, roof top, walls, main gate,doors, windows were all broken; flooring, Qur’an,religious scriptures, praying carpets were all burnt.

As per official record the loss of worth 2.50 lakhs ofproperty was damaged. As per the caretaker of thisMasjid, “this area was once populated by the Pathansand Arabs but at present this is dominated by theMarwari community. Already some portion of thisMasjid is encroached by a Marwari. There is a bigwater tank in Masjid and when the Holi festival comesthat tank is occupied by that community and filledwith the water and colours, so on that day thecaretaker and others have to leave the Masjidpremises and go away to avoid any untowardincident”. He also said that, “Muslims always adjustthemselves by withdrawing processions and otherprogrammes. However, the extremists of othercommunity are not cooperating and instead becomingaggressive. Due to the attack and fear, the Muslimpopulation is forced to migrate to the old city area.The areas of the Masjid are shrinking and the areasof Mandir are expanding”. Another Masjid ekolsawadi in Begum Bazaar was burnt completelyand cow dung was dumped in the premises. Theofficial loss is estimated of three lakhs in this Masjid.As per the information, ten Masjid of Begum Bazarwere severely damaged and burnt. The land valueof this area is very costly in business point of viewand is mostly dominated by business community whoare Marwari’s. This committee has observed that theMasjids are becoming hurdles for them in those areas.

Third phase of violence:Even after all the violence, property loss etc

and when the situation was out of control and whenin all the areas section 144 was imposed, police gavethe permission to take out the rally on 30th March,on the occasion of Hanuman Jayanti to the Hindutvagroup in which Hindu Vahini, Bajrang Dal and VHPactively participated. Even the BJP leadersencouraged and lead the procession. This is the firsttime in Hyderabad where Hanuman Jayantiprocession took place. According to theinformation received from the people, rallies fromdifferent parts of the city were taken out and all ofthem gathered at Afzal Gunj, from there they movedtowards Musheerabad. Police and Intelligencealready had information that the rally was to comeout from different areas and gather at one place.From Afzal Gunj they moved towards Musheerabadon two wheelers in thousands in number.According to the people, they were armed with thestones, lathis and talwars. Many small groups movedin different parts of the city in both Hindu and Muslimlocalities, they had saffron flags in their hands withthe slogans of ‘Jai hanuman’, ‘Hari lungi, Munhmein paan, Bhago saalo Pakistan’, and many


other bad words towards Muslims and their women.On that particular day, the whole city was under theircontrol and police was the mute spectator, andhanded over the city to the Hindutva forces.

This committee also visited the Tadbun area. AShiv Hanuman Mandir was targeted in that areawhere stone pelting happened due to which the gateand door was damaged. According to the caretaker,some unknown people came on bikes, startedpelting stones on the Mandir, and ran away. Fromthere the committee visited the Shiv MandirGowshala, according to the Manager of theGowshala, “on 30th March evening at 5.30 to 6pm,an unknown mob came suddenly and started stonepelting, burnt the jute bags and bikes. In the fire,three cows and a calf were burnt. According to theManager, this Temple and Gowshala was started inthe year 1996. It is located in the thickly populatedMuslim area but never had any problem, local peopleare always cooperative. However, that day thepeople who came were unknown people”. He alsosaid, ‘during the attack some local Muslim peoplecame to protect the temple and Gowshala. Theattack was not planned and it happened suddenlywith the intention to create fear among people, butnot to take anyone’s life’. He also said thatwhatever disturbance happened in the city was justthe result of competition of tying flags in various partsof the city. He informed us that the Home Ministervisited the Gowshala immediately after the incidentand provided all kinds of facilities such as curfewpasses, bringing feeding material of cows from otherareas etc. He expressed his full confidence on localpeople. However, police registered the cases againstone hundred and twenty Muslim youth and arrestedmany of them.

From there, this Committee moved to Masjide Bhatti Aahak, namely Syed Shah Karimullah ShahQuadri. This Masjid came under attack on the eveningof 30 March. The front door was burnt badly, thecaretaker who stays beside the Masjid was threatenedwith bad words and was asked to come out, and thenthat person had to escape by jumping the backsidewall along with her 5-year-old nephew. She was givenshelter by a neighbor who was a Hindu lawyer. Heassured her full protection and when the mobdispersed, she was safely dropped at her house.

The fact-finding committee also visited theMusheerabad area where the mob terrorized thelocal people under the presence of policepersonnel in front of Musheerabad police station.According to a shop owner, opposite to MusheerabadPolice station, at about 12.30pm, local police

personnel instructed him to close his shop saying thata rally is to pass from this road. Some other localpeople also informed us that the police personnel toldthem that the people who are in the rally are carryingstones, lathis and talwars along with them. Accordingto the locals, the mob was in a number of more thanten thousand and was coming from RTC X roadtowards Musheerabad. This committee got theinformation that this mob gathered at BJP leaderLaxman’s house, had a meeting with him, heprovoked them to move on further. When the mobwas moving from this area on their bikes, giving slogansof Jai Bharat Maata, saying bad words to the Muslimmen and women and giving slogan of ‘Hari lungimunh mein paan, bhaago saalo Pakistan.’

The mob while moving from that area, attackedMasjids, shops, hotels, pan shops which are locatedon the main road, in which huge loss occurred, bikesparked near the shops and on other side of the roadwere burnt. Then they succeeded to enter into thelocality, which is known as Bholakpur, by pelting thestones along with anti Muslim slogans. They attackednumber of Muslim houses and people in which manypeople were injured. The team visited the Bholakpurarea and spoke to the victims. The local residentsinformed that this Hindutva mob attacked them, theywere speaking Hindi, and they looked like outsiders.The residents said that, when this mob was attacking,Muslims came out of their residences that time policestarted lathi charge and used tear gas on the Muslims,till then they were playing the role of mute spectatorsand after this they protected the Hindutva peopleand provided them the safe passage to escape fromthat area. From there, the violent Hindutva mobdispersed into different directions and createdviolence in different localities of Hyderabad. On thisday, the situation in Hyderabad was so tense andfearful that in the past, Hyderabad city neverwitnessed such kind of violence in its history. Policeregistered a large number of cases against Muslimyouth and arrested many youth from this locality.The only crime of these youths was to defend andprotect themselves and their families.

In this whole violence three people lost theirlives, two died in stabbing and one was killed bythrowing a huge stone on him. The team visited thedeceased person, Narsimha’s family. Narsimha wasthe resident of Chatrinaka. According to theNarsimha’s statement recorded by the police, “I amresiding along with my family members on theabove said address and working as Mali at ImliBun Park. Today i.e. on 28-3-2010 at about 9.00P.M I am returning to my home on TVS champafter attending the function. When I am passing


from New Road Shalibanda at about 9.20 P.Msome persons stopped me at Near Gowtam School,suddenly the miscreants attack on me. One of theunknown miscreants stabbed me on my chest dueto which I received stabbing injury. Police personcame and shifted me to OGH, where I admittedas in patient vide MLC No. 10080, IP No. 9680.They burnt my TVS Champ”.

Narsimha is survived with wife, two sons andtwo daughters. He was the sole breadwinner of thefamily. According to his family members, they neverhad any enmity with anyone. Muslims and Hindusalways lived peacefully. One of his son said that hisfather worked as a Mali and swept dargah areasas well. He also said that the main cause of thisviolence were the flags, which were placed incompetition with each other. They blame civicauthorities for the irresponsibility in carrying out theirduties. He also said that until date no one has visitedtheir residence including local MLA, Home Minister,Collector or even MRO. The government did notannounce even Ex-gratia. He complained that theywere not allowed to perform even last rites andpolice forced them to perform the rites within two tothree hours of his death. His wife was sitting silentlyin a corner with a heavy heart, tears rolling downher eyes. Their house atmosphere was full ofsadness. The committee observed that the there islot of anger among the family members on thegovernment, society and the politicians. Theyaccused the MIM for this incident. They are verymuch angry on local MLA and Home Minister fornot visiting them. They also expressed surprise overthe visit of this committee in which they foundMuslim activists visiting their house. At this high time,they felt that Humanity is still in existence. Theyappealed to the committee to convey their feelingsto the people, and to the government. They suggestedthat steps should be taken where no such kinds ofincidents take place in future and government shouldtake up the responsibility to protect the lives of thepeople. Politicians should not play with the lives ofcommon people for their political benefits.

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Findings:

After the fact finding, this committee came tothe conclusion that this violence cannot be named ascommunal riots between Hindus and Muslims, butwere politically motivated and carried forward byanti-social and political elements in a planned manner.There are many factors behind this violence.

1. Green and Saffron Flags were tied in largenumber first time in the city.

2. Hanuman Jayanti procession was taken out firsttime in the city.

3. During the curfew period of ten days, everyhouse of Hyderabad was turned into jail.

4. Continuous curfew for so many days is aninhuman act. People lives got affected badly; theirhealth deteriorated because of unavailability ofmedicines, the daily wage labourers suffered badly.

5. First time in the history of Hyderabad, barbedwire fencing was used in every nook and corner.

6. First time in the history number of Masjids havebeen attacked and demolished, in which realestate mafia is behind this attack.

7. Attacks were carried in a systematic mannerand the stones used for pelting were in big sizeand were not from the local areas.

8. It seems that the mob was from outside the state;their language and appearance were unlike the locals.

9. It is first time that the bikes were used inHanuman Jayanti rally. That day the city wasunder the control of Anti-social elements andPolice became mute spectators.

10. To divert the people from Telangana movement.Many political leaders including ruling Congressparty have stated that anti-Telangana forces arebehind this violence.

11. Congress’s internal politics that has the historyof creating communal violence to change theleadership. Many leaders have already givenstatements about this possibility.

12. There is an opinion among people that LagadapatiRajagopal’s mind and money is behind thisviolence. They strongly feel the type ofstatements Lagadapati has issued saying, ifTelangana is formed clashes will take placebetween Hindus and Muslims in Hyderabad,Naxalism will get strengthened and Hyderabadwill become ISI breeding ground. People startedsuspecting about him when he got forcefullyadmitted in NIMS and later was shifted toFalaknuma Police station. Now peopleunderstand the reasons behind this act of his.People strongly believe that this politician isimplementing his plans and statements that hadgiven by using local anti-social political elements.

13. There is a complete failure of policing andintelligence.

14. There are complaints of police targetinginnocent people by taking advantage of violence.


Conclusion:This committee strongly feels that there is so

much anger among the victims. A woman said,‘Jhande toh laga liye, lekin gharon ko veeran kardiye, Aurton ko Sadkon par lekar aagaye, agarwohi paisa gareebon mein baat-te toh zindagiyansanwar jaate’, (which means they decorated thelanes and by-lanes with flags and destroyed thehomes, brought women on the roads, if at all thatmoney had been distributed among poor, their liveswould have been improved). They are feeling thatthey have become scapegoats in the political war.They lost confidence on government, police andsociety as well. We have observed this atNarsimha’s family members and among the Mus-lims of the Musheerabad’s Bholakpur area. If atall government fails to act appropriately, politi-cians can use these emotions to start fourth phaseof violence, which can be more dangerous thanthis.

15. This has become a golden chance for the Policeto earn money. They are demanding huge amountsfor letting off the illegally detained youths.

16. Police informers played a big role in destroyingthe lives of innocent Muslim youths. Theyprovided wrong information to the police for thesake of money and rewards and most of theseinformers belong to the peace committee or theMaitri committees.

17. New generation youngsters became the ultimatesufferers and their lives are spoiled in this wholeviolence.

18. Police opened the communal rowdy sheets ofthese youngsters, where by they will be targetedrepeatedly for every small and big incident. Mostof these youngsters are the new generationstudents.

19. In these whole period Illegal financers gainedbenefits. They are taking advantage of violenceand curfew and spreading their business all overthe city especially in the areas of old city ofHyderabad. Their atrocities have increased underthe protection of police and politicians. The poorwho had taken a thousand rupees, in the period ofcurfew it became 10 to 15 thousand rupees.

Demands:The fact-finding committee demands the following:

1. Judicial enquiry should be conducted immediatelywith the sitting Judge of High Court and reportshould be presented before the people withinthree months period. (Police Commissionerhimself declared that it was a planned conspiracy,but did not mention as to who are behind this.Therefore, it is the responsibility of thegovernment to conduct the enquiry and presentthe report before the people.)

2. We demand to grant ex-gratia of rupees ten lakhsto the families of the deceased and medical aidand compensation should be provided to thosegot injured in the violence.

3. Compensation should be given to the victims ofviolence, and to the people whose property wasdamaged in the violence.

4. Stop Illegal detention and mid night arrests ofinnocents.

5. The loss occurred to the temples and Masjid inthe violence should be compensated.

6. Permission should not be given to place thereligious flags in public places. Loud speakersshould be strictly controlled.

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7. Religious procession should not be allowed withoutproper bandobast whether it might be small or big.

8. Indefinite curfew should not be imposed becauseit affects the poor community.

9. Measures should be taken to minimize religiousfundamentalism, so that secular values, peace,and harmony is strengthened among people.

10. Hindutva religious leaders are continuouslyvisiting the city for conducting the publicmeetings, and delivering the hatred speeches.Therefore, this committee demands to takeimmediate action against this.

11. State Human Rights Commission should visit thecity to protect and ensure the human rights ofthe people of Hyderabad. SHRC should take suemotto action on this violation.

12. Action should be taken against the policepersonnel who gave the permission or allowedto take out rally and against those who were onduty during the violence in different parts of thecity. Action should be taken against the politiciansinvolved in instigating violence.

13. Arrest the real culprits and punish them as perthe law.

14. Immediate action should be taken against theillegal financers.

15. Withdraw cases against the students byconsidering their future.

16. Religious leaders should come forward to educateand bring awareness among people about thereality and facts of flags in their religion.


Documents

Civil Final Pages 23-4-2011 Final