Justice Turning a Blind Eye?  

The convictions of around 100 people in the 1993 Mumbai blasts case has been accompanied by much euphoria by the Indian establishment. But the loud self-congratulations have only served to make the silence on the 1993 Mumbai riots all the more deafening. Those who unleashed the communal carnage that paved the way for the blasts continue to flaunt their freedom.       

Few can deny that the 1993 blasts are irrevocably linked to the Mumbai riots of 1992 December and 1993 January. Many of the people recruited by terror groups to undertake the bomb blasts were those whose families had suffered heavy losses and were scarred by the experience of the 1992-93 communal riots. Yet, 15 years later, they stand convicted by the courts while those who conducted the genocide that turned them into terrorists go scot-free.

The riots in Mumbai claimed 900 lives — 275 Hindus, 575 Muslims (incidentally, three times the number of blast victims). Apart from these, 356 others — mostly Muslims — were killed in cold-blood by a communalised police force with the active support of several Shiv Sena and BJP leaders.

It is instructive to compare the fate of the blasts accused with those accused in the riots. The trials in the blast case were conducted by the prestigious TADA Court while the riot investigation was consigned to a Commission with no powers of prosecution. The Commission headed by Justice Srikrishna, however, refused to conduct a cover-up – and conducted an exemplary and unbiased investigation. The Srikrishna Commission indicted 31 policemen for involvement in the riots – most were not even prosecuted; and were even promoted to plum posts. Joint Police Commissioner R.D. Tyagi, according to the Srikrishna Report, shot dead nine young Muslim boys in the Suleiman Usman Bakery operation “point-blank and in cold blood”. Tyagi and his accomplices have been acquitted by a sessions court, since the police deliberately made a weak case against them. The Srikrishna Report also indicted Shiv Sena supremo Bal Thackeray who ordered Shiv Sainiks to organise attacks on Muslims; and BJP leaders Gopinath Munde, Madhukar Sarpotdar and Ram Naik for inciting riots and possessing illegal weapons – needless to say, all these have enjoyed impunity from the law. Cases against all these were dropped by the Shiv Sena-BJP Maharashtra Government in 1995 – and subsequent Congress Governments have done nothing to revive the cases. The Srikrishna Report indicted the Congress Governments which ruled both Maharashtra and the Centre during the riots for condoning the saffron mobs as well as the communal bias displayed by the police force.

In January 1996, the Sena-BJP Government had disbanded the Srikrishna Commission but was forced to revive it in May 1996 in the face of public outrage. The Congress, when it came to power in Maharashtra declared that it “disagreed with the conclusions of the Srikrishna Commission,” and refused to take any action based on the Srikrishna Report for “fear” that it might “re-open old wounds”.

Following the blast verdict, Maharashtra’s Congress Chief Minister Vilasrao Deshmukh has responded to accusations of bias by promising yet another Committee – this time to “identify the alleged lapses” in the implementation of the Srikrishna Commission’s report. The Congress, by shielding the communal perpetrators of riots – both during and after the riots – has been rewarded by Sena support to Pratibha Patil on the post of President.   

And Mumbai is no exception: planned communal pogroms sponsored or condoned by the state and political outfits inevitably evade justice. In the rare riot cases where judgements are delivered, they are highly unsatisfactory. In the Bhagalpur riots of 1989, 166 people were brutally massacred by a VHP mob, and buried in a mass grave which was covered with a vegetable field. This massacre was directly instigated by BJP leader Lal Krishna Advani’s communal calls during his Rath Yatra. In the recent judgement in the Bhagalpur riots case, the Court refused to give any of the offenders a death sentence – saying that it was not a “rarest of the rare” case. In the 1993 blasts case, though, 12 men have got a death sentence – possibly the highest number of death sentences in a single case. Do riots, according to our courts, merit less severe punishment than blasts – though both are cold-blooded, planned acts that claim innocent lives? Why are the political leaders and forces who stoked mass massacres during their communal Mandir campaign never sentenced?

The conviction of film star Sanjay Dutt has also been touted as an instance of the impartial nature of Indian justice. Dutt, however, has been absolved of any terror links, and he has been tried and convicted not under TADA but under the Arms Act for a mere six years. Contrast that with the Supreme Court verdict that upheld life sentences meted out by a TADA Court to CPI(ML) activists from Jehanabad. Those activists had not procured arms from underworld links implicated in terrorist blasts. In fact, in most of their cases, possession of arms could not even be alleged – and in the rare case where it was alleged, there was a strong possibility of the arms having been planted by the police. Their only crime was their struggle against local feudal forces for their rights. There were no grounds at all for their being tried under TADA – and yet they are serving life sentences under TADA. Their possession of Kisan Sabha and Communist literature, was taken as proof of their ‘terrorist intent’! So much for the ‘unbiased’ nature of the Indian judicial system! TADA courts are the worst instances of the arbitrary and whimsical nature of the judicial system in India .    

The Indian media and establishment was smug in its outrage at the Australian Government’s arrest and detention of the Indian Dr. Haneef on flimsy and exaggerated charges of involvement in an aborted terror attack in Britain. Not long after the Haneef episode, Abdul Nasser Maudhany of the Kerala-based party PDP was acquitted of all charges of involvement in the 1998 Coimbatore blasts. But not before the ailing Maudhany had spent eight long years in prison – despite the fact that there was absolutely no evidence to suggest any role in the blasts. That an innocent man was forced to spend eight years in prison is a stark reminder on the Haneefs galore on India ’s own soil – and a contrast, again, with Sanjay Dutt who received bail in the Mumbai blast case despite evidence of his illegal possession of arms. 

The differential treatment of the blasts and riots of Mumbai 1993, and of terror-accused and riot-accused in general smacks of a dual justice system – that is a blot on Indian democracy.   

AIPWA's Jan Adaalat before the Parliament

AIPWA organised a national level Mahila Adaalat on 8 August in New Delhi at Jantar Mantar. Hundreds of women from various states participated to protest the 60 years of ‘Freedom’ which has failed to free the majority of Indian women from poverty, violence, insecurity or unemployment. It has not empowered women politically and the Women's Bill is still pending.

The UPA government was put in the dock, charged and asked to answer for its crimes against women in this Adaalat. Case after case of women who are victims of all types of violence - unemployment, economic exploitation, SEZs, etc. - were heard by the participants and the jury. The denial of political voice through no reservation for women in the highest decision making bodies while they are rendered powerless in the lower ones and even victimised was also strongly criticized by the speakers in the Adaalat.

A panel of Judges, including Shaista Ambar, member of Muslim Personal Law Board, noted writer Sarwat Khan, journalist Lata Zishnu, Prof. Anuradha Chenoy of JNU, Tanika Sarkar, Aparna Tyagi, Savita Singh, Marry Joan, Azra Rajjak, Prof. in Jamia Millia Islamia, Bela Bhatia, human rights activist, Prof. Uma Chakraborty, historian, and Brinda Grover, senior advocate in Supreme Court, heard the grievances  and pronounced sentence. 

The main proceedings were held in three sessions, viz. (i) on Violence against Women, from state sponsored terrorism and  communal violence to caste and domestic violence; (ii)  on the lack of Employment and increasing Insecurity of women through SEZs, mega-projects and big industries. Women suffering through corruption in NREGA also spoke in this session; (iii) on the lack of Political Voice of women with special emphasis to the issue of 33% reservation in Parliament and Assemblies; and (iv) the persecution of women leaders in the Panchayati Raj system, especially dalit and extreme backward caste women.

AIPWA cultural team from Jharkhand was also present in the adaalat. Hundreds of women from Karbi Anglong, T.N., A.P., Jharkhand, Bihar , U.P., Gujarat , Rajasthan, Delhi , W. Bengal , Punjab etc. were present who held detailed discussions on these topics. The Adaalat concluded with the prouncement of sentences against the responsible governments and persons for this state of affairs. The proceedings were conducted by AIPWA General Secretary Kumudini Pati and presided over by its President Srilata Swaminathan.

Severe Floods in Bihar : Criminal Negligence by Nitish Govt. Continues

The Bihar Govt. has totally failed in providing relief to the flood affected people in state. CPI(ML) has demanded a high level inquiry into the criminal negligence being shown by the state government. State Secretary of the Party Nand Kishor Prasad and Deputy leader of Party's legislature group in the state Arun Singh have given a memorandum to the Governor of Bihar in this context. They were participating in an all-party meeting convened on this subject. They criticized Nitish for enjoying a Mauritious tour along with his senior colleagues in bureaucracy at a time when a large section of the people in the state are severely affected by the perineal menace of floods. This is nothing but negligence of duty and utter insensitivity towards the needs of the people on the part of the Chief Minister, they said.

Party has demanded to declare all affected districts as flood affected and to start relief and rehabilitation work on a war-footing in an effective manner, and not as a mere eye-wash. The people are in dire need of boats and other means of transportation, food, kerosine oil, and even salt, match boxes and candles for their survival. The state government must punish the DM, BDO and other concerned officials for not making timely and prior arrangements for relief and rehabilitation. Now people must be provided with adequate compensation including that for the loss of their crops. The share croppers and agricultural workers should also be compensated for the loss of their livelihood due to floods, demanded CPI(ML).

The Party has also started a fund collection campaign for the flood affected people in Bihar under the slogan 'stop making false claims, provide relief to the flood victims'. This campaign will continue for a week. Almost three-fourth of the Bihar is suffering from the menace of floods and a number of people have died or become destitute in the face of governmental negligence.

Protest against Mudigonda Firing

A demonstration was held on July 30 at Puducherry demanding resignation of Andhra Pradesh Chief Minister Mr. Y.Rajasekar Reddy. The demonstrators condemned brutal killings of eight persons who demanded house site pattas and land to the landless. The demonstration was led by S. Balasubramanian, State Secretary in Puducherry. P. Shankaran, State Committee Member, K. Selvam, Vice president AICCTU and P. Ravikumar, National Councillor of AISA also addressed the protesters. A memorandum of protest was sent to the Governor of Andra Pradesh demanding the resignation of the Chief Minister and formation of autonomous land reforms commission in the state.

Study Camp in UP

A state level teachers' training camp was held at Sonbhadra in UP on 21-22 July. This was addressed by Party General Secretary Dipankar Bhattacharya, In-charge of education department Ramjatan Sharma and Ramji Rai. The two topics covered in the camp were Party programme and Fundamentals of Marxism. Now the study classes will be organised at district and lower levels by the participants of the camps.

Protest in Gumla, Jharkhand

A protest demonstration and gherao was organised in Bishunpur block by Amtipani branch of the Party in Gumla district. The people were protesting corruption and police repression of the poor people besides raising various issues. When the demonstration reached the block office, people found that the office was locked and no official was present at the spot though it was a working day. Then a demand charter was pasted on the doors of the office and a mass meeting was held where strategy was chalked out to punish the responsible officials.