Category Archives: Law

Bad ideas, Centre watch, Excavation, Law

Ravinder Tyagi of Batla House (in)fame in yet another frame up!: JTSA

5 Comments

This release comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

10th February 2011

Ravinder Tyagi of Batla House (in)fame in yet another frame up!

Veteran of fake encounters must be suspended immediately!

It seems there is no end to Special Cell’s gallantry. One of its most celebrated and decorated heroes, Ravinder Tyagi, also the key architect of the Batla House ‘encounter’ has been found guilty of yet another frame-up of innocents as terrorists. The additional sessions judge Virendra Bhat yesterday absolved and acquitted seven men accused of terrorism in a case dating back to 2005; while pronouncing four officers of the Delhi Police guilty of manufacturing a fake story about an ‘encounter’. The Police had claimed to have recovered AK-47 assault rifles, fake currency and ammunition from the men they claimed were ISI agents—a brazenly false claim. Continue reading Ravinder Tyagi of Batla House (in)fame in yet another frame up!: JTSA →

Excavation, Law, Mirror Worlds

Remembering Shahid Azmi, the Shaheed: Mahtab Alam

23 Comments

Guest post by MAHTAB ALAM

It must have been around nine pm on 11th February last year. The nightfall and Delhi’s infamous wintry chill ensured that I stayed indoors at the mercy of closed walls and work for company. Sure enough, I was seated warmly in my setting of a cyber cafe of Jamia Nagar in Okhla. Okhla, an area I had migrated to as a 14 year boy from my hometown, to pursue my further education, like many other Muslim students from other parts of this country. As Basharat Peer has rightly observed, ‘India’s Muslims don’t move to Delhi; they move to Okhla’. Continue reading Remembering Shahid Azmi, the Shaheed: Mahtab Alam →

Everyday Life, Language, Law, Media politics, Violence/Conflict

Tragedy and Anguish: Can We Be True to Soumya?

15 Comments

There are no words to express the terrible anguish into which many of us have been plunged at the entirely-preventable fate of 23-year-old Soumya, raped and brutally murdered on her journey back home from work a week back. A criminal kicked her out of a slow-moving train between Shornur and Vallathol Nagar, robbed her, dragged her into the bushes, where he raped and wounded her fatally. After five days in hospital, she died. There were other passengers, men, who heard her cries. But none of them bothered to pull the chain, which would have saved her from both rape and murder.There are no words for anguish anymore in the Malayalam media. It has plenty of words to convey, to inspire craven fear and rancid sentimentalism, but none to express and pass on anguish. Continue reading Tragedy and Anguish: Can We Be True to Soumya? →

Capitalism, Countryside, Law

Of land and other demons

12 Comments
The Hindu/Aman Sethi

Since January this year, I have been traveling in North Chhattisgarh to try to understand the scale of land acquisition and dislocation in a state that markets itself as India’s “Power Hub”.

There is something pretty massive going on in North Chhattisgarh – as a recent Down to Earth Cover pointed out :

The state has 10,300 MW of coalbased power capacity, including the captive 2,063 MW that industry consumes. This is about 12 per cent of India’s current coal-based power capacity. To this, it will add 56,000 MW, which is 65 per cent of the country’s coal-based installed capacity, as per the Central Electricity Authority. Nearly two-thirds of this capacity are planned in Raigarh (37 per cent) and Janjgir- Champa (34 per cent).

For this to happen, the state has to acquire vast amounts of land – in some places because the land happens to be above a coal bed, and in other because the land happens to be adjacent to a coal-bed. Most developers prefer “pit head plants”, or plants just adjacent to coal mines to reduce transportation difficulties.

Over the last month, I worked on two interesting legal cases that point to how such acquisition is taking place.  I think the two cases offer an interesting insight into the sort of battles that villagers are fighting.

Continue reading Of land and other demons →

Bad ideas, Law, Mirror Worlds, Politics, Right watch, Violence/Conflict

Blasphemy, Sedition, Democracy

7 Comments

Have you ever wondered?

Why does our media get so worked up when someone in Pakistan is accused of or convicted for blasphemy but is not overly perturbed when someone is charged with or convicted for Sedition in India?

Is this differentiated response occasioned by the belief that a modern state should overlook things like blasphemy but give no quarter to sedition?

Do anti-Blasphemy laws encroach upon Individual freedom while anti-sedition laws protect national interests? Is convicting someone for blasphemy essentially undemocratic but doing the same for sedition not so?

Let’s for the time being leave these major issues aside and engage ourselves with more mundane issues. Continue reading Blasphemy, Sedition, Democracy →

Bad ideas, Centre watch, Law

Md. Salman discharged from the 2008 Delhi Blasts Case

Leave a comment

Release from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION
5th February 2011

Show me the evidence, says Judge
The Prosecution is able to produce none!
Md. Salman discharged from the 2008 Delhi Blasts Case!

Md. Salman, arrested by the Uttar Pradesh ATS from Siddharthnagar on 6 March 2010, was accused of being a conspirator in the 2008 Delhi blasts. Today (5th February 2011), additional sessions Judge Ms. Santosh Snehi Mann threw out all charges against him— at the point of charge—in all five cases in Delhi bomb blasts for lack of any evidence that could prove that he had conspired to bomb various places in Delhi in 2008. Continue reading Md. Salman discharged from the 2008 Delhi Blasts Case →

Bad ideas, Law, Media politics, Mirror Worlds

My friend in Thailand, may you be free

Leave a comment

‘Prachatai’ means “free people” in Thai. Prachatai calls itself an online newspaper, with Thai and English versions. You can see the English version here. Prachatai in the Thai internet universe is a bit like this website, Kafila, only a lot more popular. Prachatai’s webmaster, Chiranuch Premchaiporn, is facing trial for comments posted on the site that allegedly violated Thailand’s lese majeste (insulting the monarch) laws. While the lese majeste charges against the person who wrote that comment have been dropped, Chiranuch is still being charged under lese majeste and other laws, including ‘intermediary liability’ laws. Intermediary liability laws in relation to internet freedom mean that if you post a comment on my site that violates the law, I too will be charged as having abetted the crime. India’s cyber crime laws were amended some time ago to remove the intermediary clause, not because the Government of India was concerned about free speech, but because of Ebay India, whose head was charged and arrested when a user uploaded a pornographic ‘MMS’ on Ebay India that featured minors.

I first met Chiranuch at an social media workshop in Thailand, and then again last September in Budapest, Hungary, at a Google conference on internet freedom across the world. It is curcuial to note that upon her return from Budapest, she was arrested, given bail for a very high bail amount, and fresh new charges – and a lot of them – were added against her – clearly, they don’t like her talking about internet freedom. If convicted, she faces up to 50 years in jail! See here an article in The Economist. The trial began today, 4 February, a few hours ago.

Chiranuch could easily have escaped Thailand and taken asylum elsewhere by now. She hasn’t done that because she is consciously fighting a battle for freedom of expression in Thailand. She didn’t want to run away because it would have discouraged, rather than encouraged, that crucial fight.

One expresses solidarity with her, one hopes she is free, and that her case becomes the turning point in the fight from democracy and democratic rights in Thailand. Above all, one salutes her courage. For those who are interested in the details, given below are notes from the Thai Netizen Network.

Continue reading My friend in Thailand, may you be free →

Centre watch, Identities, Law, Left watch, Media politics, Politics, Right watch

Un-Indianizing Kerala: How to defend K K Shahina

31 Comments

Like the unseasonal and tenebrous rain clouds that are hovering over Thiruvananthapuram in what should be a sunny, light-mist-adorned January, a pall of gloom, of impending danger, hangs around my everyday life in Kerala. This is not a general feeling. It is however shared by many of us who write and speak critically about the powers that be. The space to speak and write thus has been shrinking for a while now, but now there is a sense of dangerously teetering on the edge: the Indian state seems to be upon us, and with a vengeance. Continue reading Un-Indianizing Kerala: How to defend K K Shahina →

Centre watch, Empire/ Imperialism, Excavation, Frontiers, Government, Law, Right watch, Violence/Conflict

Is the cat out of the bag?

Leave a comment

Veteran journalist Coomi Kapoor wrote this small snippet in the Indian Express yesterday. Hope it is only the beginning of more information on what this country’s intelligence agencies have been up to in the name of its citizens.

Centre watch, Law

Look who has faith in the judiciary!: Mahtab Alam

5 Comments

Guest post by MAHTAB ALAM

Ilina Sen, wife of the human rights’ activist and people’s doctor, Binayak Sen, reacting over the judgment, which gave life imprisonment to Dr. Sen said, “My faith in the judiciary has been shattered”. “I am in a state of complete shock…in our stupidity we believed the judicial process would be fair,” she told media persons at a press conference in Delhi. Continue reading Look who has faith in the judiciary!: Mahtab Alam →

Bad ideas, Frontiers, Identities, Law, Right watch, Violence/Conflict

Justice for Aasia Bibi; Speedy Trial of Salman Taseer’s Killers: New Socialist Initiative, Delhi

1 Comment

Statement from the NEW SOCIALIST INITIATIVE, Delhi

History is said to be made when humanity has tried to break asunder forces of unreason, irrationality, bigotry, intolerance and reaction which keep reappearing in newer forms in its onward journey. But what can one say when it tries to do the exact opposite, or prefer to go back on the path undertaken.

Pakistan, a country of 170 millions, stands at a similar juncture today.  Continue reading Justice for Aasia Bibi; Speedy Trial of Salman Taseer’s Killers: New Socialist Initiative, Delhi →

Capitalism, Centre watch, Everyday Life, Government, Law

Democracy and the Politics Around NREGA: Ruchi Gupta

Leave a comment

Guest post by RUCHI GUPTA

Subverting Democracy [1]

It took 47 days of a protest sit-in in Jaipur to make the State budge[2]. It’s notable that the objective of this protracted protest wasn’t to coerce the government for an extra share of State resources but to hold the government accountable to the Constitution and its own laws. The protest, “mazdoor haq satyagraha” was staged by workers employed under the National Rural Employment Guarantee Act (NREGA) to demand enforcement of their constitutional right to earn minimum wage. Even now after some initial encouraging signs, the matter seems to have stalled. Continue reading Democracy and the Politics Around NREGA: Ruchi Gupta →

Culture, Government, Law, Politics

लोकतंत्र के बुझते चिराग़: अनिल

Leave a comment

Guest post by ANIL [freelance journalist and researcher, Mahatma Gandhi Antarrashtriya Hindi Vishwavidyalay, Wardha]

इक्कीसवीं सदी का पहला दशक ख़त्म हो गया है. 1991 में उदारवाद के अभियान की बुनावट जिन आकर्षक शब्दजालों से शुरू हुई थी अब उसके परिणाम सतह पर स्पष्ट दिखने लगे हैं. इन दो दशकों में इज़ारेदारी ने सियासत से लोकतंत्र के मूल्यों के पालन की उम्मीद को तो पहले ही दफ़्न कर दिया था लेकिन इस क्रम में जो हालिया प्रगति हुई है वह और ख़तरनाक संकेत दे रही है. Continue reading लोकतंत्र के बुझते चिराग़: अनिल →

Law, Right watch, Violence/Conflict

Everything you wanted to know about the Binayak Sen judgement

4 Comments

Great job, Balaji Narasimhan and Jyoti Punwani.

Centre watch, Law, Media politics, Right watch

Swami Aseemanand’s Confessions: It’s time for an apology?: JTSA

4 Comments

This note comes from the JAMIA TEACHERS’ SOLIDARITY ASSOCIATION

Swami Aseemanand

Swami Aseemanand’s confession before the metropolitan magistrate of Tees Hazari Court has finally put the seal of legal validity over what had been circulating for months now, since the surfacing of the audio tapes seized from Dayanand Pande’s laptop. That Hindutva groups had been plotting and executing a series of bomb blasts across the country—including Malegaon (2006 and 08), Samjhauta Express (2007), Ajmer Sharif (2007) and Mecca Masjid (2007).

For the past several years however, dozens of Muslim youth have been picked up, detained, tortured, chargesheeted for these blasts—with clearly no evidence, except for custodial confessions (which unlike Swami’s confessions have no legal value). Report after report has proved that the Maharashtra and Andhra police willfully refused to pursue the Hindutva angle preferring to engage in communal witch-hunt—or as in the case of Nanded blast—where the evidence was so glaring as to be unimpeachable—weakening the prosecution of these elements.

Continue reading Swami Aseemanand’s Confessions: It’s time for an apology?: JTSA →

Bad ideas, Debates, Law, Metropolis

New Delhi – A Heritage Zone at 80!

1 Comment

[This article by Sohail Hashmi was earlier inadvertently posted under the name of Shivam Vij. The error is regretted.]

Connaught Place renovation for the Commonwealth Games, September 2010. Photo credit: AP

In 1988 Lutyen’s Delhi, was declared a heritage zone by prohibiting building activity within the 26 square kilometre area out of the 43 Sq. Km. area that falls within the civic control of New Delhi Municipal Committee (NDMC). A move has now been initiated to get the entire area declared a UNESCO World Heritage site.

The very logic of an area being declared a Heritage Zone should preclude any interference with the layout and design of the entire zone. Non-interference also means that, future building and development activity, if at all permitted, has to conform to the original parameters of design, materials, fittings and fixtures used, building techniques, landscaping and the kinds of trees planted in the heritage zone.

Even before the 1988 freeze on construction, there was a master plan for Delhi and it clearly identified the Lutyen’s Bungalow Zone as an area where high rises were not to be permitted. Continue reading New Delhi – A Heritage Zone at 80! →

Law

Suddenly Sanyal: The Many Arrests of Narayan Sanyal

1 Comment

First published in The Hindu

Narayan Sanyal is a 74-year-old man with white hair parted to one side and fibromatosis in both hands. His arrest memo notes that he wears dentures, has spots on his body and smokes cigarettes. “My health is not going well, arthritis is a new thing catching up, age is telling,” he writes in a letter addressed to a ‘Dear friend V’. This letter and two others became crucial evidence in the conviction last week of Mr. Sanyal, Kolkata businessman Pijush Guha and eminent doctor and human rights activist Binayak Sen.
Behind their conviction lies a curious paradox to which the Chhattisgarh police has never given a satisfactory answer: Why was Mr. Sanyal — whose Maoist connections led to charges against the co-accused in the first place — himself never charged with sedition or conspiracy to wage war or even with belonging to or supporting an unlawful organisation until well after Dr. Sen’s arrest under those serious offences?

Continue reading Suddenly Sanyal: The Many Arrests of Narayan Sanyal →

Bad ideas, Excavation, Government, Law, Violence/Conflict

Full text: The Binayak Sen Judgement (English Translation)

3 Comments
Protest in Jaipur

(Given below is the full text of the judgement sentencing Dr Binayak Sen for life. It is a translation from the Hindi. The translation has been done by the Free Binayak Sen Now campaign. You can download here (.pdf) the Hindi original. For updates on the Free Binayak Sen Now campaign, see BinayakSen.net. If you are on Facebook, you can join the Binayak Sen Solidarity Forum.)

Continue reading Full text: The Binayak Sen Judgement (English Translation) →

Bad ideas, Centre watch, Empire/ Imperialism, Frontiers, Law, Violence/Conflict

The Logical Urges of Sedition

22 Comments

[An edited version of this article by me has appeared in the November-December 2010 issue of Conveyor, a magazine published from Srinagar.]

On 22 October 2010, there was a public seminar in Delhi, titled “Azadi: The Only Way”. I did not plan to attend it as I had important work that day. However, a day before the event, it was announced that the keynote speaker would be none other than Syed Ali Shah Geelani. How could one not go to hear what the man of the moment had to say?

I reached late, when two speakers had already spoken, Kashmiri Pandits had already created a scene, even getting into a physical fight with some Kashmiri Muslims. As I entered the precincts of the Little Theatre Group auditorium, I met Delhi University student Suvaid Yaseen who showed me a small cut in his hand, caused by the fisticuffs with the Pandits. Some of the Pandits had been taken away by the Delhi Police and detained for a few hours, many others still inside the auditorium. The auditorium was full of cries of “Hum kya chahtay? Azadi!” To hear that in central Delhi rather than Srinagar’s Lal Chowk is a little incredible. But it had happened before, on 7 August, at Jantar Mantar, the only place in the capital of the world’s largest democracy where protest is allowed. At Jantar Mantar too, Pandits were being restrained by the Delhi Police. Continue reading The Logical Urges of Sedition →

Law

The Merchant of Murshidabad

Leave a comment

At 10.45 a.m. on May 1, 2007 Pijush Guha checked into the Mahindra Hotel here and vanished. The hotel register indicates that he checked out at 8.45 p.m. the same day but no one knows where he went, who he met or what he did till 4.10 p.m. on May 6, 2007, when Anil Kumar Singh claimed he saw town inspector B.S. Jagrit detain Mr. Guha near the Raipur railway station.

According to Mr. Singh’s court testimony, the police searched Mr. Guha’s black and blue shoulder bag and found pamphlets supporting the banned Communist Party of India (Maoist), a mobile phone, a rail ticket dated May 6, 2007, Rs. 49,0000 in cash and three letters which, Mr. Guha said, were written by the jailed Narayan Sanyal, an alleged Maoist, and handed over to him by physician and human rights activist, Binayak Sen. Mr. Jagrit claimed he made the arrest on the basis of information received on his wireless set but did not know where Mr. Guha had been during the five days prior to his arrest. Continue reading The Merchant of Murshidabad →

Centre watch, Government, Law, Violence/Conflict

A Case of Conscience: Shiv Viswanathan writes to Manmohan Singh on the conviction of Binayak Sen

13 Comments

This open letter by SHIV VISWANATHAN has been circulated by Communalism Combat

Dear Professor Manmohan Singh,

I hope you don’t mind the temerity of this letter. It is written as one scholar to another, one citizen to another. I know you are a PM and people like me may not be influential. However some things must be said and said clearly.

I was aghast to find that Doctor Binayak Sen has been given a life term for sedition. Let me put it simply. I think it is an appalling act of injustice and a betrayal of an ethical vision.  Continue reading A Case of Conscience: Shiv Viswanathan writes to Manmohan Singh on the conviction of Binayak Sen →