Guest Post by Lawyers Collective
The Lawyers Collective condemns the blatant attempt of the government of India to victimize the organization and its office bearers India Jaisng and Anand Grover .This is noting but a gross misuse of the FCRA Act which is being used to suppress any form of dissent . it is far too well know that both Anand Grover and Indira Jaising have represented several persons in their professional capacity as lawyers is several cases against the government and the functionaries including the President of the BJP party , Amit Shah protesting his discharge in the Sorabudin murder case . The lawyers collective intends to challenge the order as unconstitutional and required to be set aside .
The order/show cause notice is a malafide act and an act of vindictiveness on the part of the Government. This is being done because of the cases that Lawyers Collective (‘LC’) and its Trustees, Ms. Indira Jaising and Mr. Anand Grover, are involved in, including but are not limited to Sanjiv Bhatt, Yakub Memon and Priya Pillai. The aim is to destroy the credibility of LC by leaking it to the media, before even serving it on LC. LC till today has not received the order purportedly issued on 31st May, 2016, though it is available to the press. Continue reading Response on the Suspension of Registration under the FC(Regulation) Act, 2010 : Lawyers Collective
Guest Post by Sanjay Kumar
At 7AM on 30 July, 2015, the Republic of India hanged a man named Yakub Memon. By all means, though without anyone’s planning, the hanging turned out to be the endpoint of a consummate exercise. Three judges of the highest court of the land sat through the night, right up to two hours before the execution to decide on the last petition of the condemned convict. The highest law official of the central government came to put forth arguments against the petition at two thirty in the morning, while some of the most respected and best legal minds of the country argued for it. Even before this post mid night hearing, the case of Mr Memon had been through more than one round of curative and review petitions in the Supreme Court, and mercy petitions with the President of the Republic. Much earlier, in fact more than twenty years ago, the Mumbai police had carried out perhaps the most painstaking, and detailed investigation of independent India into the 12 March, 1993 blasts; cracking the case within two days and filing a 10,000 page charge sheet within eight months. The trial involving 123 accused, 684 witnesses and voluminous material evidence ran for ten years. After Mr Memon’s guilt and conviction were established by the trial court, his appeals had gone on in the Supreme Court for nearly a decade. Two years ago the then Government of India had hanged Afzal Guru, a Kashmiri convicted in the Parliament attack case, without informing his family, and refused to hand his dead body to them. Nothing of that shameful behaviour was repeated this time. What more could the criminal justice system of the country have done in the case of Mr Memon! Yet, his execution has left behind more questions on the institutional biases, and ideological underpinnings of the Indian state, than perhaps any other execution. Continue reading A Consummate Hanging Bares Gaping Holes in Nation State’s Democratic Facade : Sanjay Kumar
Guest Post by Sharib Ali
With a finality that only history possesses, Yakub Abdul Razak Menon, an accused in the Bombay blast case, has transformed for many over the last few days, including me, into just Yakub. His name pronounced with a deep felt sadness that has come to characterize so many of our days. Days leading to terrible, terrible nights.
It is indeed sad, when a criminal -a sauve 20 year old looking for a way out- is, in death, turned into a rallying symbol of injustice. Flowing white beard, and a bloated body, suddenly turned around into an idea draped in flowers, garlanded, and marched on the shoulders of thousands of men through narrow streets- in complete silence. There were whispers, though, in the sweltering heat of bodies. But the pact was made. There would be no sloganeering. The state was there- to keep peace, no less. And it did what it does best: lined the streets with policemen. The policemen were out there defending a strange paradox: That it is right to kill to punish those who kill, so that others are deterred from killing. Stithi niyantran mein hai, still, they said. The rest, were silent.
Continue reading The State Playing God and Magician – Thoughts after Yakub Memon’s Death: Sharib Ali
Guest post by ISHANI CORDEIRO
A reply to ‘An Open Letter By A Cop To Those Opposing Death Penalty To Yakub Memon’ by ‘ A Thulla’.
Let me begin by stating, for the record, that a lot of people who have raised their voice against death penalty (and not just Yakub Memon’s) are not necessarily sitting in ‘plush AC offices’ or writing ‘editorials seeking clemency for a murderer’ or visiting TV studios and shouting themselves hoarse. A lot of them are activists and lawyers and the aam aadmi – working on the ground. Having said that, let’s not disregard the voices of the public based merely on where they decide to park their backside! Also, I would like to bring to your notice that terms like human rights, due process and fake encounter are not ‘ramifications’ of pulling a trigger per se. The term ‘ramification’ implies an unwelcome consequence of an action. Human rights and due process are pillars of a democracy and fake encounters are constitutional infringements. The fact that ‘terrorists’ don’t consider these of much value but you have to consider these burdensome terms before taking any action also implies that the law (read constitution) considers you to be ‘reasonable person’ and not the ‘terrorist’. Continue reading Response to ‘Open letter by a Cop’ on Yakub Memon: Ishani Cordeiro
Yakub Menon was murdered yesterday morning. Apparently it was his birthday. When his brother Suleman and his cousin Usman met him on Wednesday afternoon his words to them, as reported in today’s Indian Express, were – “Agar woh mujhey mere bhai ke gunahon ke liye sazaa de rahe hain, toh mujhe kabool hai. Par agar unko lagta hai ki mein gunehgaar hoon aur sazaa de rahe hain, toh yeh galat hai. Main bekasoor hoon.” (If they are punishing me for the sins of my brother, then I accept this verdict. But if they are punishing me because they think I am guilty, then it is wrong. I am innocent.)
Continue reading All That Remains for Us to Consider in the Wake of the Death of Yakub Memon
Guest post by SAIF MAHMOOD
If you are Indian but not a supporter of the present Government, on social media your loyalty to your country will be tested on the following touchstones :
- Have you said anything against the CBI’s palpably malicious agenda against Teesta Setalvad or even hinted that, even if the CBI’s allegations are taken on their face value, she is entitled to anticipatory bail ?
- Do you think that the decision to hang Yakub Memon deserves one last re-look ?
- Have you criticised the manner in which female Muslim and Christian PMT aspirants were told to take off their hijabs and scarfs if they wished to take the test and / or the intemperate language in which the Supreme Court refused to interfere in the matter?
If the answer to any of the above questions is in the affirmative, you have just failed the loyalty test; and failed you have, irrespective of the reasons that you may have for your answers. Continue reading Teesta, Yakub and Hijab – The Triple Tests of Nationalism: Saif Mahmood