[sacw] SACW #2 (20 Nov. 01)

[Harsh Kapoor]

South Asia Citizens Wire | Dispatch #2.
20 November 2001
http://www.mnet.fr/aiindex

------------------------------------------

#1. Pakistan Fears 3,000 Fleeing Fighters May Have Entered (Douglas Frantz)
#2. Human Rights Commission of Pakistan urges to open Pak-Afghan border
#3. The Political Economy of War and Peace in Afghanistan (Barnett Rubin)
#4. Afghanistan: New War Puts Women's Rights In Peril (Human Rights Watch)
#5. Afghanistan: Rivalries threaten another civil war (Ahmed Rashid)
#6. Afghanistan's War in the Dark (Tim Judah)
#7. India's Draconian Anti Terrorism law: "Reject POTO in toto" (Praful Bid=
wai)
#8. India's Supreme court issues notice to UP state govt. following=20
petition by noted journalist & NGO against quashing the framing of=20
charges against leaders of the Hindu fundamentalist right
#9. India: The Ritual Diatribes against Nehru by the Hindu Far Right=20
(AG Noorani)
#10.India/ Kashmir: The campaign by Muslim fundamentalists, to=20
focibly impose the wearing of the veil, and subsequent attacks on=20
women is ebbing out
#11. India: Non-bailable arrest warrants against vigorous defender of=20
secular politics AG Noorani and a cartoonist of The Statesman=20
following law suit by the Hindu Right
#12. India: Doon's tailors and the national fabric (Anil Nauriya)

________________________

#1.

The New York Times
November 19, 2001
http://www.nytimes.com/2001/11/19/international/asia/19BORD.html

THE BORDER
Pakistan Fears 3,000 Fleeing Fighters May Have Entered
By DOUGLAS FRANTZ

ISLAMABAD, Pakistan, Nov. 18 - Pakistani intelligence officials,=20
addressing a subject of mounting concern, estimated today that 3,000=20
or more Taliban and Al Qaeda fighters have slipped over the border=20
into Pakistan's tribal areas in the week since the fall of Kabul.

The officials warned that those fighters could add to the potentially=20
volatile mix in the semiautonomous tribal region along the=20
Pakistan-Afghanistan border. Some tribal leaders remain sympathetic=20
to the Taliban and are willing to conceal former fighters out of=20
longstanding loyalties.

Most of the fighters fled northeastern Afghanistan after the stunning=20
reversals of recent days, escaping sometimes deadly reprisals as the=20
Northern Alliance took control. There also have been cases of=20
soldiers' joining Afghan refugees to cross into southern Pakistan.

Officials in Pakistan fear that the fighters could mount=20
antigovernment operations inside Pakistan or cross back into=20
Afghanistan to carry out hit-and-run raids.

In an intriguing twist, five Yemeni women were detained on Saturday=20
as they tried to cross into southwestern Pakistan at the Chaman=20
border gate, United Nations and other officials said. The women were=20
not identified, but their exit from Afghanistan is a reminder of the=20
close links between Osama bin Laden and Yemen.

______

#2.

The Frontier Post (Pakistan)
HRCP urges to open Pak-Afghan border
Hamid Nawaz
Updated on 11/19/2001 9:32:14 AM

PESHAWAR: Human Rights Commission of Pakistan (HRCP) has asked the=20
Government of Pakistan to open its border for new Afghan arrivals.

It also expressed deep concern over the establishment of new refugees=20
camps at zero line, believing that at the proposed camps shortage of=20
water would make life miserable for the Afghan refugees' arrivals.

According to report published in monthly of HRCP Jihd -I-Haq said=20
that although Government of Pakistan has shown keen determination to=20
accommodate new Afghan arrivals, however, it feared that bureaucracy=20
is creating barriers in the way of establishing new camps for Afghan=20
refugees.

It further informed that all rough guess about the expected Afghan=20
arrivals would fall flat as when Pakistan would open its border for=20
US attacks displaced Afghan refugees, adding that number of Afghan=20
refugees would be much larger than the estimated one.

The report feared that if realistic approaches were not adopted, then=20
it would fuel their existing miseries.

HCRP also expressed deep concern over the continuous closure of=20
Pak-Afghan border saying that those waiting at the border are=20
supposed to live there without proper food, medicine, and shelter,=20
which could lead to the breaking up of several epidemics.

The report asked the Government of Pakistan to open the border=20
without further delay and make necessary arrangements of medicine,=20
food and shelter, aimed to save Afghan refugees from further=20
suffering and destruction.

The reports made special reference towards the plight of women,=20
children and senior citizens, informing that likewise war situation=20
here too they are facing tremendous challenges in sustaining their=20
survival.

It further opined that although it is being reported that Pakistan's=20
government is involved in short planning for refugees but it was=20
opined that it should be aimed at long term to understand and redress=20
them properly.

While discussing the situation in existing camps it was stated that=20
the whole management should be made independent, and there should not=20
be any interference.

There should be a joint team; comprising aid workers, government=20
officials, social workers and Afghan refugees should be involved in=20
running the administration of the said camps, the report said.

While, discussing the performances of government in handling the=20
refugees crises, it was informed that the Government of Pakistan is=20
handling the situation properly.

However, it has so far kept mum over signing of the international=20
charter of refugees, the report suggested that Pakistan should sign=20
international treaties about refugees and make ground for proper=20
handling of the situation.

______

#3.

[1999]

The Political Economy of War and Peace in Afghanistan
By Barnett Rubin

Nervos belli, pecuniam infinitam. (The sinews of war, unlimited money.)
Cicero, Phillipic against Marc Anthony, V.ii.5

Summary: The 20-year old Afghan conflict has created an open war=20
economy, affecting Afghanistan and surrounding areas. Not only has=20
Afghanistan become the world's largest opium producer and a center=20
for arms dealing, but it supports a multi-billion dollar trade in=20
goods smuggled from Dubai to Pakistan. This criminalized economy=20
funds both the Taliban and their adversaries. It has transformed=20
social relations and weakened states and legal economies throughout=20
the region. Sustainable peace will require not just an end to=20
fighting and a political agreement but a regional economic=20
transformation that provides alternative forms of livelihood and=20
promotes accountability.

http://www.eurasianet.org/resource/afghanistan/links/rubin99.shtml

______

#4.

http://www.hrw.org/press/2001/10/afghan-women.htm
HRW World Report 2001: Women's Human Rights
Afghanistan: New War Puts Women's Rights In Peril
(New York, October 29, 2001) Afghan women are likely to face further=20
suffering at the hands of warring factions in Afghanistan and to=20
endure some of the most serious humanitarian consequences of the=20
U.S.-led military action, Human Rights Watch said today.

------------------------------------------------------------------------
Related Material
Afghanistan:
Humanity Denied
Systematic Violations of Women's Rights in Afghanistan
Human Rights Watch Report, October 2001
http://www.hrw.org/reports/2001/afghan3/

-----------------------------------------------------------------------
Women have borne the lion's share of human rights abuses in=20
Afghanistan throughout the conflict, and they are in particular=20
danger now. Any future political arrangements in Afghanistan have to=20
take special account of what women have suffered - and how that can=20
be remedied.

LaShawn R. Jefferson, executive director of the women's rights=20
division of Human Rights Watch.
------------------------------------------------------------------------
In a new report released today, Human Rights Watch documents=20
the catastrophic assault on women's human rights during a decade of=20
conflict in Afghanistan, and under the repressive rule of the=20
Taliban. The 27-page report, "Humanity Denied: Systematic Violations=20
of Women's Rights in Afghanistan," urges the international community=20
to protect women's rights during the conflict and include full=20
respect and protection for women's human rights as an integral part=20
of any post-conflict reconstruction in Afghanistan.

"Women have borne the lion's share of human rights abuses in=20
Afghanistan throughout the conflict, and they are in particular=20
danger now," said LaShawn R. Jefferson, executive director of the=20
women's rights division of Human Rights Watch. "Any future political=20
arrangements in Afghanistan have to take special account of what=20
women have suffered - and how that can be remedied."

The Taliban's restrictions on women's movement, dress, and=20
association may be preventing women from fleeing for safety or=20
getting access to humanitarian aid, Human Rights Watch said. Women=20
are forced to wear a chadari, a head-to-toe enveloping garment that=20
literally makes it difficult for them to move quickly. Since women=20
are not allowed to travel outside the home without a close male=20
relative, widows and women who head households face a particularly=20
serious humanitarian crisis.

Both Taliban forces and forces now grouped in the United Front have=20
sexually assaulted, abducted, and forcibly married women during the=20
armed conflict, targeting them on the basis of both gender and=20
ethnicity. Thousands of women have been physically assaulted and have=20
had severe restrictions placed on their liberty and fundamental=20
freedoms.

"The Taliban have sought to erase women from public life through=20
widespread discrimination. They punish women with public beatings,"=20
said Jefferson. "Any political solution in Afghanistan must not=20
bargain away accountability for this systematic violence and=20
discrimination."

Human Rights Watch called on all parties to the conflict to commit to=20
respect international human rights and humanitarian law and to=20
investigate and hold accountable personnel responsible for=20
violations. The international monitoring organization urged the=20
Taliban and the United Front to cease violations of humanitarian law,=20
in particular gender-specific violations against women, and urged the=20
donor community to ensure the inclusion of women both as recipients=20
of aid and as equal partners in decision making regarding development=20
and aid projects in Afghanistan.

The following are testimonials from the report "Humanity Denied:=20
Systematic Violations of Women's Rights in Afghanistan:"

Zafia Akil, a widow who worked as a seamstress in Kabul:

The Taliban asked my customers, "Why are you going to her house. Are=20
you going to gather and make plans against us?" I had a board outside=20
which read, "Tailoring for women and children." Three times they came=20
and warned me, and I told them, "I am a widow, what should I do?" The=20
third time they took my board down and said that if I do not stop=20
this work they will kill me. They accused me of making plans against=20
the Taliban. They said, "Everyone should sew their own clothes; our=20
wives sew their own clothes. God will assist you, if you do=20
everything as God wishes." It was the Religious Police, and I was=20
forced to close four months ago and leave for Pakistan.

Shokeria Ahmed, a medical doctor in Kabul:

My husband hailed a taxi to take my child and me to the hospital.=20
Five minutes later, a Religious Police car stopped the taxi. He made=20
me get out of the taxi. I was lucky my husband told the taxi driver I=20
was a doctor. The taxi driver told the Taliban that he was taking me=20
to the hospital. There were three Taliban. One of them beat the=20
driver with a yellow cable that was pretty wide. I was scared. He=20
asked me why the holes in my chadari were so big? Why are you alone=20
in the taxi? I asked, "Are you going to beat me?" I put my child away=20
in the car and told them, "Beat me, but do not hurt the child." He=20
beat me. I hid my face. He hit me several times - on the back and=20
arms. I had bruises.

_____

#5.

The Daily Telegraph (London) November 19, 2001

Rivalries threaten another civil war
Analysis: The fiercest fight for power in Kabul may be yet to come,
writes Ahmed Rashid

Despite its conquest of much of Afghanistan, the Northern Alliance faces
rivalries in its ranks and with other groups that could cause a renewed
civil war.

So far its political leadership, led by its Tajik faction, has said it will
not set up a government on its own and will meet other groups to plan a
broad-based authority.

But the alliance is reluctant to be seen as an equal partner with groups
that hold no territory and have no physical presence in Afghanistan, such a=
s
the exiled former king, Zahir Shah, or other emigres.

The alliance is made up mainly of Uzbek, Tajik and Hazara groups from the
north, as well as a smattering of Pathans. Besides the deep-rooted tensions
between them, each has numerous commanders and warlords at odds with each
other. This makes the alliance both fragile and volatile, especially now
that dislodging the Taliban is no longer such a unifying issue.

Mazar-i-Sharif was captured by the Uzbek general Rashid Dostum, Gen Atta
Mohammed, a Tajik, and Ustad Mohaqqiq, a Hazara.

They are still at loggerheads, even as they are reported to be carrying out
revenge killings against the remnants of the Taliban.

United Nations officials who want to begin aid relief in the north, are
unable to enter Mazar from neighbouring Uzbekistan because of the lack of
security and general lawlessness in the city.

There are unconfirmed reports that the three commanders have virtually
divided the city into zones of influence, a throwback to the start of the
civil war in 1992.

Another alliance commander, Gen Ismail Khan, installed in Herat in the west=
,
has set up unified control over three western provinces. But he has
differences with the leaders in Kabul.

At the weekend Gen Khan's forces, which were advancing towards Kandahar,
halted at Dilaram at the junction of three provinces, Farah, Nimroz and
Helmand.

Gen Khan, a Persian speaking Herati, was advised by Western powers, America=
n
special forces and the alliance that Kandahar should be allowed to fall to
anti-Taliban Pushtun forces to avoid ethnic friction. Whether his troops
will hold back from the Taliban's southern stronghold remains to be seen.

In Jalalabad, Haji Abdul Kadeer has become governor. He is the brother of
the commander Abdul Haq - who was hanged by the Taliban - and a Pathan. Tha=
t
gives the alliance a foothold in Pathan areas. Other rival warlords have
been accommodated for now, but the fear of conflict remains.

Kabul has been occupied mainly by the Tajik faction of the alliance. Its
former leader, Ahmad Shah Massoud, who was assassinated by Osama bin Laden'=
s
supporters on Sept 9, created the most disciplined military force in the
country and the only faction whose strategy is run by politicians rather
than warlords.

Gen Massoud was the only Afghan commander in 22 years of war who encouraged
a younger generation of educated and competent Afghans to emerge under the
vast shadow that his charisma cast.

He had the foresight to create a succession process and, more significantly=
,
place his military commanders under political control, unlike other warlord=
s
who do not even have a political organisation.

A triumvirate of Tajik leaders has replaced Massoud: Younis Qanuni, the
interior minister, who is organising Kabul's security; Dr Abdullah Abdullah=
,
the urbane English-speaking foreign minister; and Gen Mohammed Fahim, the
army chief.

With a fourth leader, Gen Sayed Husain Anwari, a Shia Muslim, this is the
most moderate faction of the alliance.

But they face several internal challenges. The first comes from the Shia
Hazara fighters of the Hizb-i-Wahadat party, which is part of the alliance.
The Hazaras are demanding that they set up a Hazara security force in Kabul
separate from the 4,000-strong Tajik security force already in place.

The Hazara community from central Afghanistan constitutes about a third of
the capital's population, but any such move would divide the city into
different ethnic zones, another throwback to the start of the 1992 war.

The second problem is the alliance's nominal leader Burhanuddin Rabbani, wh=
o
is recognised by the UN as the president of the Islamic State of
Afghanistan.

The moderate alliance leaders tried to keep Mr Rabbani out of the city,
because he is keen to declare himself president, which would destroy the
moderates' hopes of reaching a compromise with the Pathans.

Mr Rabbani issued a conciliatory statement when he arrived in Kabul, saying
he would not seek the presidency and would await a meeting of all Afghan
factions to decide on the next government. However, he has the support of
Russia and Iran and is playing a waiting game.

If the factions cannot agree to set up a new transitional government, he ma=
y
well demand to be reinstalled as president. That would divide the Tajik
section of the alliance, alienate the rest.

The alliance leaders also have to maintain law and order in Kabul without
being overbearing.

So far they have done a good job and the city's 1.2 million people feel
secure.

For all the cracks in the alliance, there is no chance of a similar umbrell=
a
group emerging in the south, where every single commander will expect to be
included in talks on forming a government.

Ahmed Rashid is author of Taliban: Islam, Oil and the New Great Game in
Central Asia, published by I B Tauris.

_____

#6.

The New York Review of Books | November 29, 2001

War in the Dark
By Tim Judah
Khoja Bahaudin, northern Afghanistan

http://www.nybooks.com/articles/14843

_____

#7.

The Praful Bidwai Column for the week beginning Nov 19

Not win-win, but lose-lose : Reject POTO in toto
By Praful Bidwai

Nothing has recently caused as much disquiet in India's political and=20
journalistic communities as the promulgation of the Prevention of=20
Terrorism Ordinance. At stake is the citizen's freedom and the=20
fairness of the judicial system. That's why Parliament must oppose=20
POTO tooth and nail as soon as it convenes so it can never become a=20
full-fledged law. POTO has generated much heat--not because we don't=20
need to fight terrorism, but because it is a counter-productive=20
instrument for doing so. Like TADA--Terrorist and Disruptive=20
Activities (Prevention) Act--, POTO will promote irresponsible=20
policing, and impose drastic penalties upon suspects without proof of=20
guilt. This can only fuel more discontent and aggravate sub-state=20
terrorism.

It is not the abuse of POTO, but its normal use that should worry all=20
those who value freedom. To be fair, POTO is not an exact replica of=20
TADA. In some respects, it is a slight improvement. It does not cover=20
"disruptive" activities, which were left so ill-defined in TADA that=20
even striking students could be detained. POTO allows appeals against=20
rejection of bail to the High Court, whereas TADA only permitted a=20
one-stage Supreme Court appeal. The term of=20
detention-without-a-chargesheet has also been reduced, although it is=20
still far too long (90 days).

But POTO is significantly worse than TADA because its scope extends=20
to "terrorist organisations," and their supporters/sympathisers. This=20
is its most obnoxious feature. POTO also empowers the government to=20
tap communications and confiscate suspected "proceeds of terrorism".=20
It severely punishes those who may have information about terrorist=20
activities but fail to disclose it. This, as we see below, has=20
damaging implications for journalistic freedom. POTO is a draconian=20
preventive detention law, which reverses the burden of proof, and=20
permits wicked forms of harassment of political opponents.

? Section 3(1) defines a terrorist as somebody with the "intent to=20
threaten the unity... security or sovereignty of India," who commits=20
violent acts by "using bombs, or other.... inflammable substances or=20
....poisons" to cause death, injuries, or damage to "property" to be=20
used "for the defence of India or in connection with any other=20
purposes". This "any other" phrase is vague. But it at least requires=20
that an act be committed, for which the sentence is death or life=20
imprisonment. However, POTO's Chapter III makes nonsense of this by=20
creating a category of "terrorist organisations", defined as "listed=20
in the Schedule." (Already, 23 groups have been named). Such groups=20
need not commit or participate in terrorist acts; they only need=20
"promote" terrorism or be "otherwise involved".

Once the Centre arbitrarily names any organisation "terrorist", it=20
can harass its members, sympathisers, harbourers and so on. A=20
"sympathiser"--by definition, not a terrorist--can be sentenced to 10=20
years' imprisonment. "Members" are liable to be imprisoned for 10=20
years--whether they have engaged in any violent act or not. Those=20
"raising funds" can be sentenced to 14 years' imprisonment.

? The government can tap any communication, including electronic,=20
wireless, oral or other messages, from anyone suspected of=20
"terrorism", on the basis of an administrative, not judicial,=20
decision. The intercepts are admissible as evidence and can be used=20
to intimidate people. A Superintendent of Police can also extract=20
confessions, which are treated as evidence. This provision is=20
downright abusive. It perverts the fundamental premise that=20
statements recorded clandestinely, or in police custody under fear or=20
duress, must not be admitted as evidence, especially=20
self-incriminating evidence.

? Reversing the burden of proof violates the=20
"innocent-until-proved-guilty" premise on which modern jurisprudence=20
rests. Laws such as the Income-Tax Act, Narcotics Act, or Sati Act=20
may also demand proof of innocence. But that's no justification for=20
POTO. Their consequences are not comparable. For instance, if your=20
bank account shows an abnormally large deposit, you must explain its=20
source to income-tax officials. But you are not imprisoned till you=20
answer--as under POTO. Most laws provide remedies. POTO doesn't: you=20
are in the lockup before you know it.

? POTO's Sec 3(8) and Sec 14 are loaded against anyone who possesses=20
information relevant to the commission of terrorist acts, but "fails"=20
to inform the police. This wrongly punishes omission, not commission.=20
In a situation where citizens hesitate to appear as witnesses for=20
crimes, fearing police harassment, it is unreasonable to demand they=20
turn police informers. It is frivolous to compare this provision to=20
Sec 39 of the CrPC, which too mandates the furnishing of information.=20
This section has, mercifully, not been invoked for decades--like Sec=20
377 IPC, pertaining to homosexuality.

Sec 14 and Sec 3(8) are liable to be used against journalists who may=20
interview "terrorists" or their "sympathisers" without knowing their=20
identity or their criminal plans. They empower the police to extract=20
information--on pain of three years' imprisonment. To demand that=20
journalists part with information means unreasonably counterposing=20
the right to information to an ill-defined "duty to the nation." The=20
possibility of a clash between professional-journalistic=20
considerations and police privileges can only be extremely rare.=20
Writing a whole law on the basis of a rarity is imprudent.=20
Journalists wanting to "play safe" will avoid certain beats so they=20
aren't liable under POTO. The public will lose access to vital=20
information.

And yet, Mr L.K. Advani cynically calls POTO a "win-win" game for the=20
NDA. If it goes through, the NDA arms itself with excessive powers.=20
If it doesn't, it can "successfully" blame the opposition. In=20
reality, this is a lose-lose situation for democracy and human rights.

POTO represents a sick, pathological, response to the social=20
disorders which underlie sub-state terrorism. It is based upon the=20
173rd Report of the Law Commission which has been reduced to a pale=20
shadow of itself by members such as long-time swayamsevak N.M.=20
Ghatate whose sole claim to "scholarship" lies in editing two volumes=20
of Mr Vajpayee's speeches! The Report shows a strong communal bias in=20
exaggerating the danger posed by "fundamentalist terrorists", in=20
selectively highlighting the plight of "Hindu families" during=20
communal disturbances, and in drawing parallels between the Bombay=20
blasts (although not the Babri demolition) and "Muslim militants".=20
The government has carried over this bias into the Ordinance. POTO=20
will be used by the BJP to harass the minorities and politically=20
polarise communities, especially in Uttar Pradesh.

The government has obviously learnt nothing from TADA, under which=20
76,036 people were detained on charges which were often so flimsy=20
that two-thirds of all cases were discharged. The rate of conviction=20
under TADA was an appalling 0.9 percent. TADA was extensively used in=20
Gujarat and Maharashtra against students, trade unionists, women's=20
organisations--anyone the government found inconvenient. By 1995,=20
TADA had got so discredited that no government could think of=20
reviving it until the NDA came to power. Exploiting the September 11=20
carnage, it deviously pushed through POTO--rather than pilot a Bill=20
through Parliament. The government didn't even bother to keep the=20
relevant Parliamentary Standing Committees informed.

Laws like POTO overload and pervert the system. As the National Human=20
Rights Commission says, there is a plethora of laws dealing with=20
terrorist threats to India's integrity or sovereignty: Sec 153-B, etc=20
of the IPC, the Arms Act, 1959, Armed Forces (Special Powers) Act,=20
1958, Unlawful Activities Act, 1967, plus four Central preventive=20
detention Acts, and similar state laws. But this trigger-happy=20
government wants yet more draconian laws because they give the police=20
the option of not investigating crimes. Suspects can be charged with=20
"terrorism" and detained for long, painful, years. This can only=20
encourage bad policing. Already, the police increasingly fail to book=20
criminals--witness Jessica Lall's killing, "Tandoor murder," and the=20
BMW scandal in the Capital alone.

It simply won't do to argue that preventive detention Acts exist in=20
states ruled by the Congress--e.g. Maharashtra and Karnataka. Bad=20
preventive detention laws everywhere must go. But it is noteworthy=20
that the Maharashtra Control of Organised Crime Act only deals with=20
"acts... with the objective of gaining pecuniary benefits..." It was=20
legislated under the Shiv Sena-BJP. More important, it is pathetic to=20
argue, as Mr Arun Jaitley does, that without TADA, Rajiv Gandhi's=20
suspected assassins would have gone scot-free. In fact, the Supreme=20
Court held the TADA procedure totally inapplicable to them, although=20
strangely, it relied on their confessions as evidence-ultimately=20
acquitting all but seven of the 26, and sentencing four for "murder"=20
under IPC.

Laws like TADA and POTO assault not only our rights, but also our=20
democratic sensibilities. Controlling terrorism requires more than=20
force. Sleeman put down thuggee not by killing thugs, but by=20
systematically bringing them to trial and establishing their guilt.=20
Terrorism in Punjab was brought under control not through the=20
high-handed, brutal methods of Avatar Singh Sandhu, and squads moving=20
around in unnumbered jeeps, but through a political solution which=20
exposed terrorists as extortionists and rapists. If the Naga=20
insurgency dies down, it will be because of negotiations. India's=20
existing laws can adequately deal with terrorism--without preventive=20
detention. It is their enforcers who aren't up to the job. They must=20
be reined in. POTO must be rejected in toto.--end--

_____

#8.

The Hindu
November 20, 2001
http://www.hinduonnet.com/stories/01200004.htm

SC notice to Uttar Pradesh in Babri Masjid case

By Our Legal Correspondent

NEW DELHI, NOV. 19. The Supreme Court today issued notice to the=20
Uttar Pradesh Government and the Central Bureau of Investigation on=20
two petitions challenging the order of the Allahabad High Court=20
quashing framing of charges in the ``Babri Masjid demolition case'',=20
against the Union Ministers, Mr. L.K. Advani, Dr. Murli Manohar=20
Joshi, and Ms. Uma Bharti, and other leaders of the Vishwa Hindu=20
Parishad.

A Bench comprising Mr. Justice G.B. Pattanaik and Mr. Justice N.=20
Santosh Hegde granted four weeks to the respondents to file their=20
reply to the petitions filed by noted journalist Mr. Kuldip Nayar,=20
Rajya Sabha member, and Society for Justice, a non- governmental=20
organisation.

The petitioners challenged the February 12 order of the single Judge=20
of the Lucknow Bench of the High Court quashing the framing of=20
charges against the three Ministers, the VHP and the Bajrang Dal=20
leaders, Mr. Ashok Singhal, Mr. Giriraj Kishore, Mr. Vishnu Hari=20
Dalmia, Mr. Vinay Katiyar and Sadvi Rithambara in the FIR registered=20
at Ayodhya in connection with the demolition of the structure. The=20
petitioners contended that the High Court had quashed the framing of=20
charges and the trial on the basis of minor technicalities and this=20
could not be allowed to trample upon the rule of law and the course=20
of justice.

They submitted that this was a fit case for the Supreme Court to=20
interfere as the offence allegedly committed by the accused persons=20
was serious and they could not be allowed to go scot free on a=20
``trifle technical ground''. They further said that though the High=20
Court had observed that the technical defect could be cured even at=20
this stage by the State Government, the BJP Government was not doing=20
anything since many top leaders of its party were involved in the=20
case.

They sought a direction to the State Government to take necessary=20
steps to correct the mistake pointed out by the High Court so that=20
the accused persons could be tried for their alleged offence.

_____

#9.

The Hindustan Times (India)
Tuesday, November 20, 2001
=20=20=09=20
Character assassins
A.G. Noorani

In his Vijayadashami address to the faithful last month, RSS supremo=20
K.S. Sudarshan delivered a ritual diatribe against Jawaharlal Nehru.=20
In itself, it is unworthy of notice. But a calumny he confidently=20
retailed squarely raises a question which, for two good reasons,=20
brooks no evasion.

One is that besides being intrinsically implausible and palpably=20
ridiculous, the truth could have been easily ascertained from Nehru's=20
writings. It was not. The other is that the calumny was retailed by=20
the BJP Today in July 1999 and also by none other than Minister for=20
External Affairs Jaswant Singh in his magnum opus, Defending India=20
(1999). What prompts them to go to such lengths?
http://www.hindustantimes.com/nonfram/201101/detide01.asp

_____

#10.

The Times of India
TUESDAY, NOVEMBER 20, 2001

It's curtains for burqa in Valley
M SALEEM PANDIT
TIMES NEWS NETWORK
SRINAGAR: If women in Kabul are showing their faces after five long=20
years in the dark, the news for women in the Valley is as liberating.=20
The burqa campaign spearheaded by little known militant outfit=20
Laskhar-e-Jabbar, which led to the disfiguring of a dozen young=20
women, has been given a quiet burial.

http://203.199.93.7/articleshow.asp?art_id=3D1568059647

_____

#11.

The Times of India
TUESDAY, NOVEMBER 20, 2001
Warrant against Noorani, cartoonist
TIMES NEWS NETWORK
NEW DELHI: According to RSS office-bearers here, a Tis Hazari court=20
on Monday issued non-bailable arrest warrants against noted=20
coloumnist AG Noorani and Debabrata, the cartoonist of The Statesman=20
here.
The RSS had filed a defamation suit on January 17 last year against=20
the daily for publishing an article by Noorani along with a cartoon=20
showing a person in a shirt and a cap with `RSS' written on his back=20
aiming his pistol at Mahatma Gandhi. According to the RSS lawyer, the=20
article and the cartoon ``projected that it was the RSS that murdered=20
Mahatma Gandhi.''
The case was fixed for reply and argument for Monday. According to=20
the RSS lawyer, Rajesh K Gogna, since the ``accused No 1 and no 2''=20
Noorani and Debabrata failed to make an appearance without being=20
exempted from personal appearance, additional chief metropolitan=20
magistrate Tej Singh Kashyap issued non-bailable warrants against=20
Debrabrata and Noorani.

_____

#12.

Indian Express
Monday, November 19, 2001

Doon's tailors and the national fabric

ANIL NAURIYA

The Vishwa Hindu Parishad and Hindu Jagran Manch tell women not to=20
visit Kotdwar's male (predominantly-Muslim) tailors to give=20
measurements...(News item)

THIS report led my thoughts to some Muslim tailors of Uttaranchal=20
whom I have known. Those of us who came of age in the 1960s heard=20
many partition stories. There was one which I often heard my=20
grandfather repeat. It was about a Muslim from Rajpur, a village=20
north of Dehra Dun, now almost part of the town. In my stock of=20
stories, this one was registered as being about a rather warm-hearted=20
tailor and a familiar figure, always greeting his visitors with an=20
offering of elaichi.

The next part of it however was this: moving about in the Roorkee=20
area after partition, my grandfather found some bodies being unloaded=20
from a van for burial. As the next body was being taken down, he saw=20
the arms outstretched, palms together as though in offering.=20
Something clicked, he looked again. It was the elaichi man he had=20
known in Rajpur.

The incident had left my grandfather shaken. He had not got over the=20
shock of it in 15 years. It must have made some deep impression on=20
the mind of a child, because nearly 40 years after having heard the=20
story, I set out to find out a little more about the elaichi man.
I started by visiting the Dhoon Valley's darzis (tailors). That was=20
how I met Nazar Master.

Nazar, now 75, had come to Dehra Dun from Saharanpur as a young boy=20
in search of work. He started in the 1940s as an apprentice with=20
Masood Hasan Ansari, a tailor who had set up shop near the city=20
kotwali in 1912.

The politically advanced Nazar joined in many nationalist protest=20
demonstrations. Often he suffered British lathi blows in the Paltan=20
Bazar. That was long before the cultural police of the Vishwa Hindu=20
Parishad and its associate organisations had been heard of or=20
imagined.

He followed in the proud tradition of the Valley's handcraftspersons,=20
many of whom had plunged into the struggle against British rule.=20
Abdur Rahman, another freedom-loving darzi of Paltan Bazar, had been=20
arrested in the civil disobedience movement of the thirties.
When Jawaharlal Nehru was imprisoned in Dehra Dun, his tailoring=20
needs were attended to by Nazar's ustad. That included a sherwani=20
stitched in his shop. One of the difficult things to mkake, however,=20
was Nehru's Gandhi cap. According to Nazar, Nehru was particular=20
about the cap's length, angles, boat-like curves and the proper slope=20
of its fore and aft.

When Maqsood Hasan took the cap to him Nehru was pleased. It had been=20
done just right. Learning who had made it, Nehru asked to see Nazar.=20
On his next visit, the ustad took Nazar along. The septuagenarian=20
remembers the rupee and shabashi that Nehru gave him.

Nazar remained politically active and has been transitions in the=20
town - how several Muslims whose lives had been disrupted by=20
partition were resettled with renewed hope, though many left for=20
Pakistan. He worked closely with the Congress leaders of the time to=20
banish fear and restore calm.

This process went on side by side with the home the town provided to=20
the Hindus and Sikhs who had lost theirs in Pakistan, especially the=20
North West Frontier Province and West Punjab. His face lit up when=20
speaking of the visit of the Frontier Gandhi, Khan Abdul Ghaffar=20
Khan, to Dehra Dun in 1969. Having worked with the earlier Congress,=20
he does not conceal his disappointment with what his party has done=20
with its legacy. He was particularly disgusted with the permissive=20
demolition of the Babri Masjid in 1992.

And, of course, Nazar remembered the elaichi-offering man of Rajpur.=20
His name was Mannu Shah and he was buried near Roorkee. What was he?=20
A tailor or a dry fruits seller? Nazar could not say. According to=20
him, Mannu Shah was a fakir, whatever else he may have been.

(The writer is a senior lawyer practising at the Supreme Court)

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