Time 15 yrs, costs Rs 700 lakh: Liberhan yet to report; Bhagalpur syndrome


IMC News Digest - 3rd September 2007

Indian Muslim Council, USA (IMC-USA)

'Defending India's freedom, democracy and pluralism'

IMC-USA Weekly News Digest -
September 3rd, 2007

Communal Harmony

Agra's new monument of harmony (Aug 31, 2007, Hindustan Times)

Had it not been for a few good men, Wednesday’s violence in Agra would have spiralled out of control. The police said these men acted just as things were threatening to take a communal turn, and saved the city from shame. While a group of people in the Hindu-dominated Dhakran area prevented a mosque from being damaged, Muslim elders a few hundred yards away ensured that a temple was not harmed.

Violence erupted in the Dhakran crossing area in the morning after word spread that a temple had been attacked. A group of young men who had gathered outside their homes began throwing stones at the Nai Ki Mandi mosque. Then someone tried to set it on fire. "When someone hurled a burning bottle at the mosque gate, we quickly got together and stopped the boys from causing any more damage," said Man Singh Dhakar, a businessman in Subhash Park.

The mosque gate and outer wall are now being repaired and painted. Water for the repairs is being supplied from the Chamunda Devi Temple that stands next to the mosque. Hari Ram Sharma, SSP Agra, told HT: "Just as the Hindus saved the mosque, Muslim elders prevented a temple in the Subash Park area from being attacked. These men on both sides have set an example without which the violence could have taken a communal turn."

http://www.hindustantimes.com/StoryPage/Print.aspx?Id=2a8e3322-8972-457d-9e12-86dec79d97c2

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MT calls for messages of peace against those of violence (Aug 31, 2007, The Hindu)

Novelist M.T. Vasudevan Nair called for literary endeavours that were capable of silencing "words that poison minds" with "words that fill minds with messages of peace." He was speaking at the release of "Matham, Samooham, Samskaram" (religion, society, culture), a book authored by Muslim League’s supreme leader Syed Mohammedali Shihab Thangal, in Kozhikode on Thursday.

Mr. Vasudevan Nair said that the contents of the book, the first by the Muslim League leader, bore eloquent testimony to Mohammed Ali Shihab Thangal’s unflinching commitment to working for peace at a time when the world was being rocked by violence perpetrated in the name of religion. His was the voice of moderation in times of incendiary speeches that were aimed at rousing passions and triggering violence, he said. The Jnanpith-laureate also remarked that the credit for the comparatively peaceful social climate prevailing in the State should go to individuals like Mohammedali Shihab Thangal and the Indian Union Muslim League (IUML) of which he was the unquestioned leader.

There were attempts some year ago to let loose violence by distributing audio-cassettes packed with inflammatory speeches by groups that were active both in north India as well as in Kerala. It was the sobering presence of individuals such as Mohammedali Shihab Thangal that defeated these attempts to spark violence in our State, he said.
Even the victory in the violent war narrated in Mahabharata did not bring peace and joy to the winners, Mr. Vasudevan Nair pointed out.

Mr. Vasudevan Nair said that he believed Shihab Thangal’s greatest achievement had been his ability to strike a fine balance between his callings as a religious leader and the leader of a political party.

http://www.hindu.com/2007/08/31/stories/2007083151760300.htm

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News Headlines

Police Brutality Sparks Violence in Bhagalpur (Aug 28, 2007, Patna Daily)

As if the news of a criminal having tied to a motorcycle and dragged several feet by the police in Bhagalpur on Tuesday was not enough to enrage the people, a full-blown riot broke out outside the police station when the rumor of the said criminal dying in police custody spread across the town. Over 10,000 people pelting stones at the Nathnagar police station, demanded to see the man who was identified as Aurangzeb, in flesh. The situation became so out of control that the police had to fire eight rounds in the air to disperse the crowd. Two anti-riot vehicles were also rushed to the troubled site to deal with any contingency as senior police officials monitored the situation very closely hoping to avoid a repeat of 1989 riot in Bhagalpur. At least 15 protestors and two law enforcement officials were said to be hurt in the skirmish that lasted for nearly five hours.

As reported, Shanti Devi, also of Nathnagar in Bhagalpur, was returning to her home from a temple when Mohammed Aurangzeb snatched her gold chain and fled. Some people in the area gave a chase to the crook and after getting hold of him, beat him up before handing him over to the police. The police then tied the criminal to a motorcycle and dragged him several feet as a large crowd cheered the policemen. The incident, however, enraged the local people who then attacked the police station demanding suspension of constable L. B. Singh and inspector Ramchandra Rai and proof of Aurangzeb still being alive. DIG Girija Nandan Sharma and Superintendent of Police (SP) J. S. Gangwar expressed their inability to present Aurangzeb since he was in the judicial custody.

After much persuasion and following the suspension of Singh and Rai, the crowd finally dispersed leaving at least 15 injured. Chief Minister Nitish Kumar, condemning the police brutality, promised maximum punishment under the law against the two erring cops. "There is no excuse for such despicable act and policemen involved in such heinous act should be and would be punished to the maximum extent of the law," he said.

http://www.patnadaily.com/news2007/aug/082807/violence_in_bhagalpur.html

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Violence brings Agra to a halt (Aug 30, 2007, Times of India)

Panic-stricken residents of Agra stayed indoors as district officials imposed a curfew in many areas and schools and colleges were ordered shut for the next three days after a six hour battle between people of two communities. All major markets were shuttered and even the gates of the Taj were slammed shut for a while in the afternoon until the administration realised that sending shock waves through tourists would transmit a wrong message and ordered the normal viewing hours at the marble marvel restored. That the accident victims happened to be relatives of local BSP MLA Zulfikar Ahmed Bhutto may have made matters worse, with the constabulary waiting for clear word from the top to initiate action. However, district magistrate Mukesh Meshram attributed the spiralling of the anger of a vengeful mob into a communal situation to the police being caught off guard.

"Firing is not the solution as it complicates matters. We tried to maintain calm till reinforcements arrived and then quickly restored normalcy," he said, claiming that the worst was over and peace was at hand. CM Mayawati, into her fourth month in office, was rattled enough to press DGP Vikram Singh and home secretary Mahesh Gupta to reach Agra and prevent the situation from snowballing into political fodder for her Samajwadi Party rivals, ready to take up minority cudgels. Her gambit to woo Muslims and upper-caste Hindus alike only seemed to make her fears palpable.

With only a narrow street to separate the two communities which inhabit MG Road, the rioters soon set upon each other and the levels of retaliation quickly rose. A horribly outnumbered police force was reduced to being helpless bystanders. Cold-drink bottles, looted from nearby shops, were used as missiles, while stones, bricks and tiles were prised from sidewalks and even the boundary walls for use as ammunition in the confrontation which lasted from 4 am to about 10 am. Two shoe factories were gutted in the mob frenzy.

Though violence was contained to a 1.5-km stretch from Dhakran to Nai ki Mandi, the city was staring at an unprecedented communal conflagration, given that the affected areas represent a heavily mixed population of the two religious groups. Three shrines were targeted by rioters and even cops were injured in incessant stone and bottle pelting. At one point, DM Meshram had to hide in a police station to save his life.

An out-of-its-wits administration took the entire forenoon with reinforcements from Mathura and neighbouring towns and imposition of curfew in six police stations to quell the violence. Or, as a local said, "Both the groups had fought a full-scale war for six hours and retreated on their own, possibly weary." Late in the evening, officials had their fingers crossed, keeping a close watch on any revival of violence as funeral preparations were being made.

http://timesofindia.indiatimes.com/articleshow/2321277.cms

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Dalit's killing sparks off violence in Gohana (Aug 29, 2007, Indian Express)

Shouts of ‘Jab tak sooraj chaand rahega, Lara tera naam rahega’ rent the air as the funeral procession of 35-year-old Rakesh, alias Lara, made its way down the dark alleys of Gohana town towards the cremation ground on Tuesday. At half past eight on Monday morning, Lara, a Dalit, was shot dead by three motorcycle-borne men who fled the scene after the killing. What followed the fatal attack was day-long stone-pelting, lathicharge and a horrific stampede that left one dead and six critically injured in this Haryana town of 62,000 residents.

Lara’s story, according to the police, began on August 26, 2005, when a Jat youth, Baljeet Sivatch, was allegedly murdered by a gang of Dalits from the neighbouring Balmiki Basti, home to 500 Dalit families. A known history-sheeter, Lara’s name figured in the list of suspects drawn up by the police. Five days after Sivatch’s murder, some Jats retaliated by razing 50 houses at the Basti, fuelling tensions between the two communities. However, Lara was discharged on November 26 last year by the CBI, which was investigating the Sivatch murder case, due to lack of evidence. "Lara was murdered on the same date exactly two years after Sivatch was cremated," Parveen, a local Jat, said.

The streets of Gohana are now agog with whispers of "revenge killing" even as 2,000 policemen and three teams of Haryana riot police from Madhuban Police Training College patrol the streets under the direct supervision of Sonepat Superintendent of Police Navdeep Singh Virk. Meanwhile, the Balmikis have accused the police of not reacting to a distress call immediately after Lara was shot on Monday night. But the Jats refuse to admit that the current violence is an offshoot of the simmering tensions between the two castes. "All the shops were closed on Tuesday to express our anger at the way Lara was killed. This was no caste violence but a reaction from the public against injustice," Satbir Virodhiya, who runs a sweet shop at the Fountain Chowk, said.

But for Lara’s friend and Balmiki Basti resident Dinesh, what shook the Dalit community and triggered off the violence was the fact that the police instead of handing over the body to his relatives after post-mortem at the government-run PGIMS, Rohtak, abandoned it in a Tata tempo on the road a few yards away from the Basti. "We have given the police three days to arrest Lara’s killers or there will be more from us," Dinesh echoed the words of Dalit leader Dashrath Ratan Ravan, who has also called for a Haryana state bandh. The police have already started rounding up suspects. Later, SC,ST Commission Chairman Buta Singh visited the area and called for a probe.

http://www.indianexpress.com/story/213231.html

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SC issues notice to Gujarat in post-Godhra riot case (Aug 31, 2007, Times of India)

The Supreme Court on Friday issued notice to the Gujarat government on a petition seeking a Central Bureau of Investigation (CBI) probe into the killings of 21 persons in post-Godhra riots, whose bodies were exhumed in 2005.

A bench headed by Justice B N Aggarwal sought reply from the State government and the CBI within four weeks. In 2005 at least 21 skeletal remains of those believed to have been killed in the 2002 Gujarat communal riots were exhumed from a mass grave in Panchamahal district of the State. The bodies were dug out by relatives of people, who went missing after the riot.

The Gujarat High Court had ordered the DNA testing of the skeletal remains unearthed be collected and had sent to a laboratory in Hyderabad for DNA testing under the supervision of CBI. Of the 21 bodies, DNA of eight had matched with their relatives.

Over 1,000 people, mostly Muslims, were killed in Gujarat in retaliation for the burning alive of 59 Hindu pilgrims on February 27, 2002 at Godhra town by a suspected Muslim mob.

http://timesofindia.indiatimes.com/articleshow/2326939.cms

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Time 15 yrs, costs Rs 700 lakh: Liberhan yet to report (Aug 31, 2007, IBN)

The Liberhan Commission, headed by Justice MS Liberhan, was constituted by PV Narasimha Rao within a fortnight of the demolition of the Babri Masjid on December 6, 1992. The commission's brief was clear: Establish the sequence of events that led to the demolition and pinpoint all those who were responsible for the demolition.

Till date the government has spent over Rs 700 lakh on the commission, which was expected to submit its report within three months of its constitution. But it has got 41 extensions so far after its appointment. "I have no doubt that the final report of the commission will be available in the near future," Congress spokesperson Abhishek Singhvi says of the possible outcome of the Liberhan Commission.The commission, in fact, was expected to submit its report to the government by August 31, 2007, but the 41st extension has once again given some much-needed breathing space to the BJP leaders.

In the 15 years of its proceedings, the commission has recorded statements of several politicians, bureaucrats and police officials, including former UP chief minister and senior BJP leader Kalyan Singh, former prime minister PV Narasimha Rao, former deputy prime minister LK Advani and his colleagues Murli Manohar Joshi and Uma Bharati as well as Mulayam Singh Yadav.

http://www.ibnlive.com/news/time-15-yrs-costs-rs-700-lakh-liberhan-yet-to-report/47829-3-2.html

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Gujarat Police embroiled in another fake encounter case (Sep 1, 2007, New Kerala)

After the fake encounter deaths of Sohrabbudin Shaikh and his wife Kauserbi by the Gujarat ATS, the Ahmedabad City Crime Branch officials are embroiled in another fake encounter case -- that of Samir Khan in 2002.

Metropolitan judge T V Joshi today heard the arguments by Adv I M Munshi, who appeared for Shaista Khan -- cousin brother of Samir. Shaista Khan had filed an application on July 13 this year before the court urging that fresh investigations be instituted in this case on the lines of the Sohrabuddin Shaikh case. Judge Joshi has set October 3 as the next date for hearing in the case.

Samir Khan was arrested by the Rajkot police under the Official Secrets Act on September 3, 2002. He was also charged with murdering a constable, Vishnu Zala, of the Ahmedabad police in 1996. Samir Khan was brought to the Ahmedabad crime branch from Rajkot for a lie-dection test on October 21, 2002. However, next day, he was allegedly killed in an encounter by a crime branch team led by Tarun Barot and K M Vaghela.

http://www.newkerala.com/july.php?action=fullnews&id=56853

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Don't blame Muslims for world terror: Expert (Aug 29, 2007, Express India)

Terrorism is not a religious phenomenon and Muslims alone should not be blamed for the terrorist attacks taking place in the country, said noted secularist Prof Ram Punyani in his talk on communalism organised by Talk Club at Anjuman-E-Khairul Islam’s (AKI) Poona College of Arts Commerce and Science on Tuesday. Analysing the rise in terror activities around the globe, Punyani said people were taking up terrorism in response to the injustice being meted out to them, rising communalism and the fight for oil. "Terrorism is a symptom of the disease that needs to be addressed in an unbiased manner," he said.

Punyani said politics should not be mixed with religion, as the latter stood for cultivating strong moral values and high ideals amongst the masses. "Instead, religion has been deliberately exploited to drive a wedge into the country by engineering riots leading to death and destruction," Punyani said, adding that there was an institutionalised bias against minorities.

Referring to riots, Punyani said several innocent people had been killed in mindless communal violence during the past decades, while it was generally seen that the culprits had gone unpunished while the poor were maximally killed. "Several myths about Muslims relating to history, demographics and about the polity of terror continue to circulate and confuse the masses till date," he said.

Punyani also slammed the saffron forces for creating confusion about the growth of the Christian population in the country owing to activities of their missionaries. "Christianity in India is 1,950 years old, yet there are only 2.30 million Christians, which is a relatively small figure," he said. "Forces inimical to secularism are bent on attacking the missionaries which should be strongly condemned and stopped." He lamented ghettoisation that was once again engulfing Indian Muslims due to fear psychosis in their minds. "It is giving rise to retrograde tendencies in the community, especially amongst the youth. Such tendencies are likely to reverse any progress made by Muslims."

http://cities.expressindia.com/fullstory.php?newsid=253296

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Mob violence following sting operation (Aug 31, 2007, The Hindu)

An angry mob went on the rampage at Turkman Gate here on Thursday damaging over two dozen vehicles and torching a police gypsy after a Hindi television news channel broadcast a sting operation showing a woman teacher with the Asaf Ali Road branch of Sarvodaya Kanya Vidyalaya allegedly pushing students into prostitution. Some police officers and over a dozen people were injured in the stone pelting. Trouble erupted around 10.30 a.m. when a media team reached the school and began reporting about the sting operation. Soon after news about involvement of one of the teachers, Uma Khurana, in a prostitution racket spread, parents accompanied by area residents started gathering outside the school shouting slogans against the teacher, who was taking a class inside.

While the students were allowed to leave the school premises, the teachers locked themselves up in a room. Angry residents including some local politicians forced their way inside and vandalised the school. In the meantime, a large posse of policemen reached the spot along with senior police officers to contain the situation. While Uma was being whisked away in a police van, the mob pelted stones at the vehicle. Demanding that the teacher be handed over to them, the residents hurled stones at the police, injuring at least two Assistant Commissioners of Police and ten others. They smashed the windscreen of a Blueline bus and damaged several vehicles parked in front of the Delhi Stock Exchange building. The mob also targeted three police vehicles, setting one of them ablaze. The police lobbed tear-gas shells and resorted to lathi-charge to disperse the mob. But the miscreants escaped into the narrow lanes and returned armed with stones. It took the police over three hours to bring the situation under control. It was only after the police assured the residents of stringent action against the teacher that they finally dispersed and peace was restored.

Stating that 18 people had been arrested for indulging in violence, Joint Commissioner of Police (Northern Range) P.R. Meena said a case would be registered against the mathematics teacher on the basis of the sting operation. In the operation, she was purportedly shown pushing a student into prostitution. It is alleged that the teacher used to blackmail girl students by filming them in a compromising position after drugging them and pushed them into the flesh trade. A couple of students of the Asaf Ali Road branch of the school had also reportedly complained against her alleging that she passed some lewd remarks against them.

Later on Thursday, Delhi Education Minister Arvinder Singh Lovely said a two-member team comprising two Deputy Directors, Ritu Marwah and Neelam Verma, was sent to the school to enquire into the matter. Subsequently, the mathematics teacher was placed under suspension. "I have directed Secretary Education Rina Rai to submit a report on the background of the teacher within two days," said Mr. Lovely. Mr. Lovely said he has also asked the police to hand over investigations in the matter to the Crime Branch.

Enquiries so far have revealed that Uma had joined a Municipal Corporation of Delhi-run school as a teacher in November 1987 and was promoted in 1994. She joined the Asaf Ali Road branch about two months ago. She was earlier posted at its Vivek Vihar branch where she was suspended for poor performance.

http://www.hindu.com/2007/08/31/stories/2007083156401500.htm

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Darul Uloom plans secular education (Aug 31, 2007, The Hindu)

The Darul Uloom Ishaqia Nooriya Madarasa at Gajuwaka has chalked out plans to take up construction of an educational complex in an effort to impart secular education. A six-storied building is planned at a cost of Rs.3 crores for which Rs.2 crores is being sought as loan from the Wakf Board.

A meeting of the Darul Uloom was held on Saturday with thousands of representatives attending from the north Coastal and East Godavari districts. Degrees were conferred on 12 students who have completed ‘Alim’ and "Hafiz" courses studying for 15 years. Rajya Sabha Member Obaidulla Khan Azmi and two maulanas from Delhi and Bihar participated in the meeting. Addressing a press conference Madrasa President Md.Moosa and Principal Maulana Abdur Rehman condemned the blasts at Hyderabad in which innocent people lost their lives. Mr. Moosa said the plans envisaged providing education from Class I to X, degree, teacher training, engineering and other courses. Telugu and English would also be taught. The Darul Uloom has Rs.1 crore which it had collected as donations.

Maulana Abdur Rehman said a university would be developed to give secular education so that higher studies could be pursued there.Condemning the blasts, he said the guilty should be punished. Wakf Board Inspector A. Shafi said the school was intended to educate 1,500 children. The site was registered and body too was regularized. Darul Uloom Vice-President Md. Shabbir, Secretary Mahmood Khan, Joint Secretary Jaleel Ahmed, Treasurer Sardar Master and Adviser and Haj Committee member M.A. Razak were present.

http://www.hindu.com/2007/08/31/stories/2007083154580500.htm

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Sachar follow-up: Government unveils steps for Muslims (Aug 31, 2007, Rediff)

In a "historic" move to give a better deal to Muslims, the Centre on Friday said guidelines have been issued to improve their share in government jobs while a high-level committee has been set up to remove "anomalies" in their representation in Lok Sabha and state Assemblies. In the follow-up action on the Sachar Committee report announced in Parliament on Friday, the Centre has agreed in principle to set up an Equal Opportunity Commission to look into grievances regarding discrimination against Muslims. It, however, remained silent on the Sachar Committee's recommendation favouring reservation for the most backward in the 150-million strong community....

In a 15-point action plan on the report of the committee headed by Justice Rajinder Sachar that went into the social, economic and educational status of the Muslims, Antulay said that guidelines have already been issued to improve the representation of minorities in government, public sector enterprises, public sector banks etc. Antulay said the high-level committee has been constituted to review the Delimitation Act and the concerns expressed by the Sachar panel regarding anomalies in the representation of Muslims. The Sachar committee had suggested a nomination procedure for political involvement of Muslims at the grassroots and had called for a "more rational delimitation procedure." Such a procedure should ensure that constituencies with high minority population are not reserved for scheduled castes.

Promising a multi-pronged strategy to address educational backwardness among Mulsims, the Centre proposed three scholarship schemes exclusively for minorities. "A merit-cum-means scholarship scheme for 20,000 students from the minority communities for pursuing technical and
professional courses has been approved already. The two other -- a pre-matric and a post-matric scholarship -- scheme will be introduced shortly," Antulay said. In a statement on the follow-up action on the recommendations of the Sachar Committee, he said a multi-pronged strategy would be adopted for addressing the problem of educational backwardness of the Muslim community.

A revised coaching and remedial tuition scheme has been approved to improve the employability and academic performance of students belonging to the minority communities, the government said.Soon after Sachar panel report was presented in November 2006, HRD Minister Arjun Singh had set up a committee headed by Minister of State for Education M A A Fatmi to go into the educational aspects of the report. The Fatmi panel had also come out with a set of recommendations on how to improve the educational status of Muslims. An inter-ministerial group has been constituted to plan and monitor the implementation of a comprehensive programme for skill and enterpreneurship development among Muslims and for ensuring that they have easy and smooth access to credit.

The outreach of upper primary schools will be expanded, particularly for Muslim girls, and where necessary, with "girls only" schools. The minister said more Kasturba Gandhi Balika Vidyalayas will be opened in areas with substantial Muslim population. Priority, Antulay added, will be given to the opening of secondary and senior secondary schools in areas of Muslim concentration and a special literacy drive will be taken up in similar districts. He said the madrassa modernisation programme will be revised. The question of equivalence of qualifications from madrassas for subsequent access to higher education will be addressed, he added. The government, Antulay said, has approved a revised coaching and remedial tuition scheme to improve the employability and academic performance of students belonging to minority communities. Dissemination of information regarding health and family welfare schemes will be done in Urdu and regional languages and in districts, blocks and towns with substantial minority population. Antulay said a comprehensive amendment of the Wakf Act is proposed to address existing deficiencies at the earliest. A suitable agency will soon assist in the development of Wakf propertis so that the augmented income could be utilised for the purposes intended, he said.

http://www.rediff.com/news/2007/aug/31sachar.htm

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Opinions and Editorials

If lives are valued... - Editorial (Aug 27, 2007, Hindustan Times)

One country that has known terrorist violence for decades is India. One country that constantly fails to do anything about preventing the next terrorist violence is also India. Something is grievously wrong about how we react after a terrorist attack that is directly linked to how well we are prepared to prevent the next one. On Saturday evening, this apathy was once again made evident by the two explosions that rocked Hyderabad claiming over 40 lives and injuring scores of others. The names of the usual suspects — Lashkar-e-Tayyeba and Harkat-ul-Jehadi Islami — were trotted out and Chief Minister Y.S. Rajasekhara Reddy is sure that the perpetrators were foreigners. Investigations will, hopefully, prove the veracity of that belief one day. But apart from swiftly laying the blame on some dangerous corner of a foreign field and doling out compensation, what else have the men whose job it is to provide Indians safety from terrorist attacks done? Very, very little.

If the investigations of the May 18 bomb blast at Hyderabad’s Mecca Masjid and the security measures taken following that tragedy are anything to go by, the investigations that will follow the Lumbini Park and Gokul Chat attacks will also dissipate into thin air. One sincerely hopes not though. There are two parts to every post-terrorist attack policy. One, all efforts should be made to ensure that the guilty are brought to justice. Mr Reddy may have already thrown up his hands when he stated that there is little Andhra Pradesh authorities can do when the enemy lies ‘outside the country’. But before we all start getting fatalistic, it would be wise to fix the disconnect between Central intelligence and state investigative agencies. The Mecca Masjid blast investigation, for instance, turned into a who-gets-there-first affair rather than a joint exercise to get to the bottom of the truth.

The second, and more fundamental, part of a post-terrorist policy, is to ensure that the stable door is closed at least after the last horse has bolted. In other words, ensure security arrangements that go beyond a state of ‘red alert’ for a few days, and proactively refrain from sliding back to a chalta hai mode as if nothing untoward ever happened. If lives are valued in this country, appropriate measures must be taken. Just saying that the killers of innocent citizens are ‘cowards’ does nothing to make us be or even feel more safe.

http://www.hindustantimes.com/StoryPage/Print.aspx?Id=e0a48458-708e-4fcf-9fab-2020af3b0c4a

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Bhagalpur syndrome - Editorial (Aug 30, 2007, Indian Express)

Who must be held accountable when 20-year-old Salim Ilyas, accused of snatching a gold chain in Bhagalpur, is beaten by a lynch mob, then chained to a motorbike by policemen and dragged till the chain snaps and he is unconscious? The two policemen must be immediately punished, of course.

Their participation in the brutalisation of the helpless rickshawpuller has revived for a whole nation those harrowing images of police depravity in 1980. At that time, the district police had shot to nation-wide notoriety for what came to be known as the Bhagalpur blindings case — acid was poured by policemen in the eyes of 31 undertrials. But even then, it was not simply an isolated case of police criminality. It was about a larger breakdown in Bihar. It was also about the ambivalence of the residents of that crime-prone small town, many of whom came out openly in support of the police action in the name of "crime control".

At first glance, not much has changed, three decades later. In fact, by all accounts, the mob initiated and led the outrage this time in Bhagalpur, the police joined them later. Today’s scenario in Bhagalpur speaks of the same desensitisation and a similar breakdown of the rule of law. That the victim belongs to the minority community could make this an even more grim moment — Bhagalpur has notched yet more notoriety in the years since the blindings by becoming the site of the communal conflagration of 1989-90.

Yet, this moment in Bihar only underlines the enormity of the challenge before Nitish Kumar. Ever since the change of regime in the state more than a year ago, it has been evident that efforts are afoot to put the state together again. There must be no slackening of that project. Bihar’s several vicious circles of impunity must be broken and seen to be broken. In the Bhagalpur case, the policemen must be brought to book, and also the people who made up the lynch mob.

http://www.indianexpress.com/story/213417.html

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In Defense Of Pluralism - By Ram Puniyani (Aug 27, 2007, Countercurrents)

A debate has been raging in the society about secularists being anti Hindu. Numerous examples are cited, their stance on the culprits of Godhra train burning, culprits of Bane family burning in Radhabai chawl, and to cap it all their insensitivity to the plight of Kashmiri Pundits and security of Hindus in Kashmir. What is the truth? Why the perception sustains in this direction, not only by RSS combine communalists but in milder form by other sections of society also.

To begin with let's take these glaring examples, which have been listed above. The Radhabai Chawl case was well investigated by the state and the case went on in the courts for long when the alleged culprits were released as the courts found that there is no ground to punish them. Incidentally the tragic burning of this family was used as the pretext to launch the second phase of violence in Mumbai. Even before the investigations were undertaken, it was popularized that Muslims have done it and that Hindus should become aggressive now. This call was given by those who were bent to start the riots. The 'real estate' angle of the thing has been pointed out by observers but irrespective of that the guilty must be punished has been the stance taken by those struggling to preserve the civic liberties.

About Godhra, while the Bannerjee commission report doubts 'Modi theory' that ISI in collusion with local Muslims have done it, large number of local Muslims, including a respectable Imam are behind the bars as the accused in this crime. And surely those of them who have aided in this crime must be punished as per the law. The general trend of the state has been to take serious action in cases where victims are Hindus. If the state is already on the job, what more does one want? That's generally the demand of civil liberties group, 'punish the guilty-protect the innocent', anything wrong with that?
But surely the case of Kashmiri Pundits is different. The security of Hindus, the Kashmiri Pundits emigration from the valley is not in the purview of communal issue. They are more akin to the way the killings of Hindi speaking people by ULFA in Assam....

It seems in a communalized atmosphere to talk about the defense of weaker communities or to take a human approach to the issues is generally seen through the colored glasses of religious identity, and secular voice is mocked at being anti Hindu.

http://www.countercurrents.org/puniyani270807.htm

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Arrest this trend: Suspects as showpieces for media - Editorial (Sep 1, 2007, The Tribune)

The Punjab State Human Rights Commission’s order against policemen exhibiting arrested persons as prize catches for the benefit of the media has not come a day too soon. It is surprising that this issue has not received the attention it deserves despite the practice being a blatant violation of the arrested person’s right to dignity as well as right to life. The PSHRC has asked the Punjab Director-General of Police to explain the conduct of policemen who display such insensitivity to the accused by exposing them to the media glare. Such parading of those arrested is also illegal as it contravenes the Police Forces (Restriction of Rights) Act 1966, a Central law that seeks to uphold the dignity of suspects who are in police custody.

The Central Act is invariably observed in the breach although times without number the issue has been highlighted by courts, human rights organisations and all those concerned with due process. Several years ago there was a writ petition in the Bombay High Court seeking to halt the parading of arrested persons and suspects before the Press and the public. In the aftermath of the December 2001 attack on Parliament the accused were "brazenly paraded before the Press". Often the police do not stop with simply exhibiting the arrested person. They attempt to make the persons thus paraded also incriminate themselves with statements, ‘revelations’ and ‘confessions’.

This deplorable trend is now a police routine though it is a gross violation of an accused person’s right to be presumed innocent until proven guilt. Parading the accused also makes a mockery of the right to fair proceedings. It also makes the person paraded an easy target for attack thus endangering his life. It is high time the Centre and all states put an end to this practice. A good beginning would be to punish policemen who are guilty of the practice in a manner that acts as a deterrent to others in uniform. To hold the DGP of a state responsible for violations by his men may also be effective to put an end to this illegal practice which does not serve any purpose in law.

http://www.tribuneindia.com/2007/20070901/edit.htm#2

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Wake-up call - By Lyla Bavadam and Anupama Katakam (Aug 25, 200, Frontline)

Almost a decade has passed since the Srikrishna Commission filed its report on the Mumbai riots of 1992-93. The Commission’s recommendations were initially rejected. Some of them were later implemented, but grudgingly. The Maharashtra government has received much flak for ignoring the greater part of the recommendations. It was only the persistence of several activist groups that helped the riot victims win some semblance of justice.... Ever since it was tabled, it was clear that the Srikrishna report would be a hot potato that political parties would toss away.... The report indicted the Shiv Sena, holding it responsible for the bloodshed in the city. It also indicted several politicians belonging to the BJP and police officers. Despite this (or perhaps because of it), no action was taken. In fact, the government rejected the report and called it pro-Muslim and politically motivated. Copies of it were unavailable to the public. To a great extent, the government exploited the Commissions of Inquiry Act, which states that an Inquiry is not a court of law and any report filed has the status of a recommendation only and is not binding on the government.

Ever since the report was filed, various groups have pushed for the implementation of its recommendations.... It has taken almost a decade of pressure from non-governmental groups for the State government to look at the report again. The latest move to look into the recommendations is likely to be the most successful. The completion of the bomb blasts trial has given an unintentional impetus to the demand to reopen the Srikrishna report. There is a growing feeling that justice for the victims of the riots was ignored while justice for the victims of the blasts was pursued relentlessly. Since a greater percentage of riot victims were Muslims and the greater number of those convicted in the blasts case were also Muslims, it looks as if Muslims are being persecuted and denied justice. The Supreme Court’s order has come at a particularly tricky time for the Vilasrao Deshmukh government. The relations between the Congress and the Shiv Sena were most cordial because of the latter’s support for Pratibha Patil as the presidential candidate. At the State level, this new friendship could have important ramifications because the Sena-BJP ties have always been tenuous and both the Congress and Sharad Pawar’s Nationalist Congress Party (NCP), have been on the lookout for an alliance with the Sena. With the Assembly elections scheduled for 2008-09, this would have been the ideal time to break the Sena-BJP partnership.

For the Chief Minister, this is a litmus test. Raking up the Srikrishna Commission will certainly not help any move to inch closer to the Sena. And yet, the brownie points to be gained by implementing the report is tempting - the Muslim voters in the State could be won over and Deshmukh’s own standing would rise within the party at the national level. Either way, the Chief Minister has a tough choice. The question is how successfully he will juggle political aspirations and moral obligations. Though the Congress has been in power in the State since 1999, it has ignored the report. This, despite a promise in the election manifesto to implement the recommendations.

There is no doubt that the riots were politically motivated and hence aspects of the report that suited political purposes were picked for redress. There are numerous examples of this. Milind Vaidya, a Sena corporator in 1993, had been identified as a key player in the riots by witnesses. Vaidya went on to become the Mayor of Mumbai. But Sanjay Gawande, a policeman who had also been identified by witnesses as having assisted Vaidya in rioting, was dismissed from service after he was indicted in the Commission’s report. As a mere constable he was a disposable pawn, to show that the government was carrying out the report’s recommendations. Another example is that of Sena Member of the Legislative Assembly (MLA) Madhukar Sarpotdar whose vehicle was stopped and searched during curfew hours then by an Army patrol. Unlicensed firearms and choppers were found in his vehicle. No action was taken against him.

Teesta Setalvad, rights activist and co-editor of Communalism Combat said: "Several cases of the most grievous crimes have resulted in acquittals. These acquittals have also been shrouded in secrecy and very often it is the Ma harashtra government’s own public prosecutors who advised the State government against appealing these cases. This is true in the Madhukar Sarpotdar case and even in the R.D. Tyagi case." Similar evidence was documented in the case of other Sena and BJP leaders such as Bal Thackeray, Ram Naik and Gopinath Munde, but no arrests were made. The excuse given at that time was that the arrest of a popular politician would fuel more riots. But even after the riots, they were not brought to book. Perhaps the most shocking aspect of the riots was the complicity of the police with rioters and political leaders who were instigating the communal attacks. The Commission has recorded hundreds of witness statements that give detailed descriptions of how the police aggressively participated in riots or stood mutely while Muslims were being killed.

http://www.flonnet.com/fl2417/stories/20070907502804100.htm

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Roots rediscovered: BJP's somersault on the nuclear deal - Editorial (Aug 29, 2007, The Tribune)

The Bharatiya Janata Party (BJP) has once again demonstrated its innate ability to shock. If the party’s opposition to the India-US nuclear deal was a surprise, so is its somersault over the issue. The BJP now makes a clear distinction between its opposition to the deal and that of the Left. While the Left is fundamentally opposed to any truck with the US, the BJP sees the deal in a different light. In fact, it considers the super power as India’s natural ally, a position it took when it allowed Mr Jaswant Singh to negotiate a deal with his US counterpart Strobe Talbott. It was this dialogue that sowed the seeds of the nuclear deal that Indian Prime Minister Manmohan Singh and US President George Bush signed in Washington in July 2005.

It was, therefore, utterly shocking that the BJP opposed the nuclear deal to the point of Mr L.K. Advani making a telephone call to CPM leader Prakash Karat to provide the latter a helping hand. In public perception, the BJP and the Left were on one side in the nuclear debate with the UPA partners on the other. The middle class, which sees virtue in the deal as it ends the nuclear apartheid India faced for as long as 33 years and opens the frontiers of nuclear technology to the country, was totally flummoxed by the BJP stand as was evident in media surveys on the question.

If the Congress-Left fracas leads to a mid-term election, which will be fought mainly on this issue, the BJP feels it will lose even its traditional middle class voters. It is this realisation that forced Mr Advani to make a subtle change in the party line to give the impression to its constituents that the party is not opposed to the deal per se but only to some aspects of it. By making this change it has dumped all the arguments advanced by leaders like former Union ministers Yeshwant Sinha and Arun Shourie.

What is apparent from the flip-flop is that it was not ideological steadfastness that guided the BJP in its opposition to the nuclear deal. It was more obsessed with causing embarrassment to the UPA. This is unlikely to leave a lasting impression on its supporters. Even so it is better late than never for the BJP to have come clean on the nuclear deal. In retrospect, had the party been more honest in its attitude to the deal, it would not have, perhaps, emboldened the Left to up the ante to the extent of talking about a quick divorce.

http://www.tribuneindia.com/2007/20070829/edit.htm#1

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