The Indian Police has been methodically harassing those protesting the State’s atrocities by framing false charges against activists and citizens concerned, finds a People’s Hearing Court
Shazia Nigar
New Delhi, Oct 2, 2012
The People’s Hearing on Fabricated Cases, organised by academicians, civil society groups and concerned citizens, was held in the capital on 28 and 29 September. Even though those who deposed before the court came from places as varied as Jammu & Kashmir, Odisha, Jaitapur (Maharashtra) and the Northeast, but their stories were uncannily similar: fabricated cases, harassment and the use of the legal machinery to shrink the democratic space that is enshrined in the Constitution.
Abhay Sahoo, leader of Posco Protirodh Sangram Samiti (PPSS), from Paradip in Odisha, is a case in point. PPSS has been actively resisting the establishment of an integrated steel plant and a captive port by POSCO, a South Korean company, for the last seven years. The reason behind the sustained struggle is that more than 22,000 people belonging to Paradip will lose their land, livelihood and a sense of identity if the project goes ahead. Despite the peaceful and democratic form of protest employed by the locals, the government has strategically employed every means – democratic and undemocratic – to hand over the land to POSCO.
One of the strategies employed by the government, as Sahoo explains, is, “False cases. It is a weapon in the hands of the state governments to stop popular mass movements that demoralises activists and creates an atmosphere of fear. Almost 10,000 people involved with PPSS have not been able to come out of their villages for the last seven years. Isn’t this a lot more than a silent emergency?”
Implicated in fifty cases, ranging from murder, sexual assault, atrocities against Dalits and wrongful confinement, Sahoo spent fourteen months in jail in 2008-09 and another five months in 2011-12. Sahoo is not alone. There is Manorama, a young woman leader of PPSS implicated in 38 cases, including, bizarrely, charges of rape. Then there is Kamlesh who was implicated in a case that took place while he was still in custody. Besides these, 208 cases have been registered against 1,400 men and women who have dared to exercise their democratic rights. Fear of arrest makes it impossible for people to step out of their villages for basic needs such as medical treatment, education and even daily rations. The police are unable to pick them up from within the villages because of the strong resistance in the form of gheraos.
“Until now, I had been speaking about only others being implicated in fabricated cases,” said Seema Azad, a member of People’s Union of Civil Liberties and a journalist withDastak Ki Nai Awaaz in Lucknow. Today, she needs to defend her own case in a people’s court. She was arrested and spent a year-and-a-half in jail on charges of sedition and being a Maoist.
“Like in most fabricated cases, in my case, too, the place and time of my arrest in the police records are wrong. I was picked up in the morning, but the chargesheet says I was picked up at night. That day, I was carrying books with me, but they weren’t Maoist literature. The police planted these books. It’s not that I don’t read Maoist books, but on that particular day I didn’t have any on me.”
Throwing light on the dubious investigations carried out by the police, she recounted being asked whether she had visited Vishwanath temple. When she responded in the affirmative, the police said it was impossible because Maoists don’t visit temples. Then she was asked if she exercised, and on answering in the negative, she was told, “You must be exercising, as all Maoists do.”
“We should not call ourselves victims, we are the agents of change” said Shahina KK, a journalist and recipient of the Chameli Devi Award. She has been falsely implicated for ‘intimidating’ witnesses in the Muslim political leader Abdul Nasir Madani case. While at TEHELKA, Shahina had written an investigative piece on the fabricated case against Madani. But in an attempt to silence her, she was implicated in one.
Shahina says when she gathered some concrete evidence on how the false case against Madani had been built up, she received a call from the police, asking, “ Madam, everybody here says you are a terrorist. Are you?” Presently out on bail, she has to show up at the Bangalore High Court every month. For how long she might have to do that she doesn’t know, as the chargesheet has not yet been filed.
The others deposing at the hearing on day one were Shauzab Kazmi, son of Urdu journalist Syed Ahmed Kazmi who has been arrested allegedly in the Israeli embassy car blast case, and activists from Koodankulam and Jaitapur.
“Chaman Mein Har Taraf Bikhri Hui Hai Dastan Meri, Khamoshi Guftugu Hai, Be-Zubani Hai Zuban Meri”. Anjum Zamrud Habib from Kashmir described the situation in the valley by borrowing these words from Iqbal. A member of Muslim Women’s Organisation, she shared her experience of having to spend five years in Tihar Jail on being falsely implicated under POTA, and used the platform to talk about the clampdown of the State on anyone daring to stand for their rights in Kashmir. Babloo Loitongbam spoke on the extra-judicial killing of 1,500 people in Manipur; Omar Mukhtar and former MP Sabastian Paul spoke on behalf of Maulana Abdul Maudany.
Emphasising the need for documentation of such cases, Sajeed K, one of the organisers, said, “Until 2008, there did not exist any discourse on how the police was systemically targeting Muslims. It was then that we published a series on fabricated cases in TEHELKA, with relation to SIMI. Of course, the fabrication of the cases is not just against Muslims. Over the years, we have seen how the Indian police has systemically implicated human rights activists and community leaders who are leading campaigns against state terrorism. We need to keep up the pressure.”
The jury, consisting of Justice Rajinder Sachar, Saba Naqvi, Binayak Sen, Ajit Sahi and Ram Puniyani pronounced its verdict in favour of the people questioning the systemic and deliberate attempt to shrink democratic space for any dissent. It stated, “The role of the Indian state in fabricating cases of sedition and terrorism to implicate tens of thousands of innocent citizens across India has been thoroughly exposed in testimony after testimony presented at the People’s Hearing on Fabricated Cases.”
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