[sacw] SACW | 2 August 02

[Harsh Kapoor]

South Asia Citizens Wire | 2 August 2002

>From South Asia Citizens Web:
http://www.mnet.fr/aiindex

__________________________

#1. Truth behind the MORI poll on Kashmir
#2. India: Gujarat Faces Another Bout Of Violence (Batuk Vora )
#3. India: Submissions to the Election Commission on the Elections in Gujar=
at
On Behalf of SAHMAT (Rajeev Dhavan)
#4. Pogrom in India - Gujarat: An Eyewitness Account (Shubhra Nagalia)
#5. India: Committee for Fair Trial of the POTA Accused - An Urgent Appeal
#6. Booklets on inter-communal and inter-religious harmony (Yogi Sikand)
#7.India: Anti Nuclear Street play in Chandigarh (6 Aug.)

__________________________

#1.

Daily Times, Lahore, August 1,2002.

Op-ed: Truth behind the MORI poll on Kashmir

A detailed analysis of the recent MORI poll on Kashmir
reveals that people in the Kashmir Valley are alienated
from both India and Pakistan.

http://www.dailytimes.com.pk/default.asp?page=3Dstory_1-8-2002_pg3_3

same article with online references:
http://www.mindspring.com/~akhila_raman/akhilamori-links.htm

_____

#2.

Batuk Vora

GUJARAT FACES ANOTHER BOUT OF VIOLENCE:
Now is the turn of 'Spiritual Terrorists'

Ahmedabad: All those who have not yet fully fathomed the root cause=20
of the communal carnage in Gujarat that shook whole of India for as=20
long as three months, feel dumbfounded again while witnessing a sort=20
of "spiritual terrorism", this time launched allegedly by Dada=20
(Pandurang Athvale) and his dynastic successor Didi's followers=20
within Swadhyay Parivar against the dissidents, comprising most of=20
the Dada's 'old and pioneer' disciples.

Both the groups have filed police complaint at Ahmedabad against each=20
other alleging threats, violent intrusion, beating up and fear of=20
murder. Late night's incident on July 27 at Ahmedabad, when a few=20
dissidents, visitors from Mumbai, were roughed up, beaten and abused=20
while they were waiting for more supporters to come from North=20
Gujarat for a meeting.

"This has once again brought out their tactic of spiritual terror and=20
fascist method commanded from Parivar's present managers from Dada's=20
official headquarters, Nirmal Niketan at Mumbai," according to a=20
leading Swadhyay rebel Mahesh Shah, an industrialist, who had to go=20
underground following a vulgar and violent attack on him and some of=20
his colleagues. Didi is also now an accused in above police complaint.

A command issued from the headquarters was "Didi and now even Dada=20
want all members to close their minds and just do what they preach.=20
No religious song to be sung of anybody else, no worshipping of any=20
other idol, no attention to any other godly figure than that of Dada.=20
This is their command," Shah told this writer. He further said that=20
"so far they have not killed anybody but they certainly want to badly=20
hurt us and terrorize our families so that we do not raise our voice."

Pandurang Athvale is a Magsaysay and Templeton awards winner carrying=20
on his Swadhyay bhakti movement since more than 50 years in both=20
Gujarat and Maharashtra. Hundreds of simple farmers have donated part=20
of their cultivable land and its all products to Yogeshwar Bhagvan as=20
per Dada's ordain. One senior former colleague not willing to be=20
identified, told that Dada himself was now determined to corner all=20
the wealth and encouraging Didi to spread such a terror. Chronology=20
of such 'spiritual terror', as related to this writer by several of=20
those dissidents besides Mahesh Shah, run as follows:

"I have a thousand young chaps similar to LTTE fighters; They would=20
jump from the tall terrace of Oberoi Hotel here if I command and=20
would finish anyone without blinking their eyes if I command 'God=20
would never forgive such traitors'- these words did not come from any=20
Islamic Jihadi or terrorist but from Jayshree Talvalkar 'Didi,'=20
adopted daughter (Dada's brother's sibling) as quoted by Chitralekha,=20
a monthly magazine from Mumbai- July 8.

Following this Ahmedabad based Justice B.J.Diwan resigned and 13=20
other trustees, including Mahesh Shah, were kicked out from trusts.=20
Later, Diwan's resignation was rejected by other trustees (Mumbai's=20
Samkalin Daily- June 25). Diwan told the press that he was shocked to=20
hear Dada saying that all the trust wealth "belongs to me now."

Following phone threats and mail threats given to Ahmedabad based=20
Pankaj Trivedi and Mumbai based old colleagues of Dada like Hemraj=20
Ashar, Ramdas and Jagdish Shah, physical attacks started with beating=20
up of Dada?s old disciple Satish Jagjivan Rudhani at Rajkot by seven=20
people last October. Rebels told that Satish was actually close to=20
Dada and once taken to Japan with him on his trip. Associated for 21=20
years with Swadhyay Parivar, Satish was beaten up, according to=20
Rajkot daily Fulchhab and Sanj Samachar, by a gang of 8 Swadhyay=20
faithfuls from nearby Padadhari town by intruding in his bungalow and=20
beating him up mercilessly in naked condition in front of his wife by=20
pulling out the towel while the latter came out from the bathroom=20
"They were shouting at him 'why did you utter a word against Dada' "

Later in December 2001, Ahmedabad based Pankaj Trivedi received a=20
most abusive letter of threat to his life. The letter also mentioned=20
that his wife and daughter would be raped if he ever spoke against=20
Dada or Didi. Trivedi filed a police complaint against one Bakabhai=20
Patel.

Mahesh Rawal, a local follower attended a meeting called by the=20
dissidents on July 26 at Ahmedabad. Next morning, his house was=20
surrounded by 25 white-sari clad Swadhyay faithful ladies, carrying=20
placards as 'traitor' and 'turncoat' and spreading terror by shouting=20
slogans in his neighborhood.

One Devesh Pandit tried to convene a meeting of at his place in=20
Chicago, USA, and invited around 250 members for that purpose. But a=20
faithful of Dada Arjun Desai called 700 members commanding them not=20
to attend Devesh's meeting. Arjun Desai is the ex-president of=20
Chicago branch.

Indubhai Poptani, a poet based at Porbandar, was told to write a poem=20
(stuti) on Didi. He refused by saying that how to write it when he=20
had no devotional feeling for Didi. He received a threat to his life=20
in front of his wife who suffered a heart attack. She was removed to=20
a hospital. Popatani's Bhav poems on Dada were quite popular among=20
vast mass of followers in Saurashtra. Dada had even gifted Rs 10,000=20
to his kids for 'sweets' on his visit to his house. "May be he=20
thought this would silence me", Popatani said.

Prof. S.K.Joshi of Jalgaon in Maharashtra was one of the close=20
associate of Dada for many years. Dada had even once named him as a=20
'role model' for all other Swadhyay Parivar members. He said "what=20
actually happened was that I had organized Bhil adivasi farmers to=20
grow fruit orchards in and around 28 Gnaeshwar Vriksh Mandirs (tree=20
temple). It gave an income of about Rs 1 crore. Dada did not allow=20
even rotten fruits to be eaten by Bhil kids. I questioned this=20
practice and since that time I was hounded with 'spies' watching my=20
home for eight days in three shifts and later shouting S.K. Murdabad=20
slogans! I am still living under constant fear. But I am determined=20
to carry on that noble activity in my own way with cooperation from=20
at least 200 other followers meeting with me every week. I have found=20
that both Dada and Didi want nothing else than lots and lots of=20
income which nobody could question about its use"

Incidentally, Sadhana, an RSS monthly organ in Gujarati, has highly=20
lauded in a picturesque article Swadhyay Parivar's Vriksha Puja (tree=20
worship) movement as a Hindu cultural tradition. It has not spoken a=20
word about what the senior Dada followers now talk about Dada and=20
Didi. All the four attempts to reach Didi and even Dada for comments=20
failed.

Some observers see this as a slow but sure attempt of penetration by=20
RSS Parivar into the millions-strong equally Hindu adherent Swadhyay=20
Parivar, having fat asset accounts in around 100 trusts and=20
properties, all over Gujarat and Maharashtra, besides millions of=20
dollars in London and America. Ex-chief justice of Gujarat High Court=20
B. J. Diwan, a close former colleague of Dada and member of one of=20
the trusts, told recently to the Gujarati media that "they have Rs=20
200 crore in trust accounts and Rs 500 crores in immovable property=20
account, which is now claimed by Dada himself as his own, and not of=20
God as he used to tell earlier." Another old colleague says "they may=20
not have anything less than Rs 1000 crores."

"Perhaps, RSS wants Swadhyay Parivar to support its own communally=20
surcharged political activities. Actually, Dada had once celebrated=20
RSS founder Hegdevar's birth anniversary," said another senior Dada=20
follower. THE END

_____

#3.

Submissions to the Election Commission on the Elections in Gujarat

On Behalf of SAHMAT
(8, VBPH, Rafi Marg, New Delhi 110 001 / Telephones 3711276, 3351424)

By Rajeev Dhavan

http://www.mnet.fr/aiindex/SAHMATsubmissiontoEC.html

_____

#4.

From: Liberation, June 2002.

Pogrom in India - Gujarat: An Eyewitness Account
by Shubhra Nagalia

http://www.mnet.fr/aiindex/MLonGujarat062002.html

_____

#5.

From: "Gautam Navlakha"
Subject: An Urgent Appeal
Date: Fri, 02 Aug 2002 11:29:32 +0530

Committee for Fair Trial of the POTA Accused

An Urgent Appeal

Dear friends,

We have tried to provide, as far as we could,
information on the ongoing POTA trial of the century! All of us
who protested against the ordinance as well as the bill on POT
were of the opinion that it turns the rule of law on its head and
that abuse is inherent in it. We have ofcourse the experience of
TADA. But it is surprising that when the first trial began, in
the Parliament Attack case, the media began to provide, with
honourable exceptions, the prosecutor's side of the trial. It is
a rare occurence if the defence version find a place in the
media. As a result key aspect of the police case that raise
disturbing question about country's criminal justice system find
no mention in these news reports or in the opinion pieces.

Recall that the critics had pointed out that a police force
which routinely violates the rule of law would use draconian laws
such as POTA as a shield to hide their lawless ways. But the
Union Home Minister and the then law minister in the central
government had defended POTA by claiming that the rights of the
accused are protected and pointed to the procedures laid out for
among other things interception, confession etc. Now the
procedures are meant to lend authenticity to the, say, a tapped
conversation, by ensuring that non-evidence does not become part
of evidence presented before the Court. Since rules governing
investigation under POTA favour the law enforcement authorities
the only safeguard available to the accused are those provided
for in the procedures. Now that the trial has begun in the
Parliament Attack case there is need to look closely at the trial
taking place before a Designated Court under POTA?

Let us look at some aspects of the Parliament Attack Case.

I. The attack took place on December 13 2001 and brought India
and Pakistan, two nuclear armed countries, on the brink of war. A
million troops were deployed by the two sides and millions of
land mines laid. And so far nearly 80 soldiers and scores of
civilians have lost their lives due to "accidents" (land mine
blowing etc). The entire media and all government and oppositionb
leaders declared it to be a terrorist attack. Security experts
had a field day holding forth. And yet the Special Cell of the
Delhi Police, on December 13, they the FIR not under POTO, then
in opretaion, but under "normal" IPC and CrPC? It was only on
December 19, six days later, they invoked POTA. Why?

II. The special cell of the Delhi police began intercepting
mobile conversations on December 13 under section 5(2) of the
Telegraph Act. Rules framed pursuant to the 1996 Supreme Court
judgement on a petition filed by the PUCL obliges the police to
undertake interception only under an authorisation signed by the
Union Home Seceretary. As Manoj Mitta pointed out (Indian Express
July 25, 2002) the authorisation letter were dated December 31,
2001 and January 19 2002 permitting tapping of phones (including
mobiles which were by then already in police custody)
prospectively for 90 days.

III. The Telegraph Act makes intercepts inadmissible as evidence.
But POTA allows it. However, POTA lays down a procedure including
among other things to inform the accused ten days prior to
beginning of trial/hearing/ proceedings under Section 44. But
this was not done. Neither when the chargesheet was filed nor
later were the accused furnished copy of the order of the
Competent Authority ten days before the trial. This was not done.
But the H'nble Court ruled that such evidence are admissible in
the ongoing trial. But it is unclear whether the evidence made
admissible should follow the procedures laid down under section
44 of POTA or while the evidence becomes admissible under POTA
the procedures can be given a go by?.

IV. Now the conversation between SAR Geelani and his brother Shah
Faisal was in Kashmiri. There were in all three intercepts in
Kashmiri language on December 13. The person intercepting knew
not a word of Kashmiri. An "expert" was brought in to translate
the next day ie December 14. Now Delhi has a very large
population of Kashmiris in government service as well as in trade
and other professions. A qualified translator from Kashmiri to
hindi were available then as well as later. But the Special cell
brought in a person who has passed sixth form, cannot write hindi
and can only read and speak it. He translated and another person
wrote it down. It is this translation that is used as key
evidence to charge Geelani. Intriguingly, there is no Kashmiri
transcript of the intercept ie of the original kashmiri language
conversation. There is no explanation for why a transcript was
not prepaered. Especially when the call records show the
intercept to be more than 2 minutes whereas the "translation"
used by the prosecutor as evidence runs for around a minute!

The long and short of it is that a person can be incarcerated for
months, prosecuted and perhaps even convicted on such flimsy
"evidence". So the issue remains whether fair trial is possible
under POTA.

Take another instance. Under POTA's Chapter III a procedure is
laid out when an organisation is banned under it. Now Akhil
Bharat Nepali Ekta Samaj, a 23 year old welfare organisation of
Nepali people living and working here, was banned on July 3. On
July 11 at 5.30 pm 13 persons including four Nepali citizens were
abducted by the Special Cell of the Delhi Police from a public
place. Nine of the Indians were let off at around 8-8.30 pm. At
11 pm the four Nepalese citizens were served 'quit India' notice
and deported at 11.30 pm the same day. When habeas corpus was
moved in the Delhi High Court it emerged that the police mistook
P Chhteri for B Chhetri (general secretary of Nepali Ekta Samaj).
They also didnot know that he had an Indian wife and child living
in Sikkim. That his wife and child ought to have been provided an
opportunity to meet Partha Chhetri. All four were first deported
claiming Nepali authorities wanted them and subsequently changed
to claiming Indian considered them "undesirable"? Why because
they wrote against the autocratic monarchy in Nepal, and were
sympathisers of Maoists ie their crime was their political views.
But there were no warrants for their arrest. Their name is not
among the list of 44 persons wanted by Nepal. They had committed
no crime in India for which they were wanted or became
"undesirable alien".Three out of four were journalists.
International covenant oblige India not to send a person to
hostile country where their lives could be in danger. In Nepal
more than 100 journalists have been arrested and scores have
disappeared the most celebrated being the custodial killing of
Krishna Sen a much loved litterateur and journalist. Reporters
without Borders and Committee for Protection of Journalists (US)
have documented attacks on journalists in Nepal. But above all
under POTA Section a person accused of being a member of a
banned organisation is entitled to be given an opportunity to
show under Section 20 that he/she became a member when the
organisation was not declared as a terrorist organisation, or
taken part in any activities of the organisation after its
declaration as a terrorist organisation or that he had ceased to
be a member of the banned oganisation. While no time is specified
to enable a person to prove all the above, by no stretch of
imagination is half an hour provided to the four persons deported
under Foreigners Act section 3(92c) suffice.

and 108 others

Take the arrest of Yasin Malik on March 25 under POTA when he
was addressing a press conference at the Hurriyet office after
the police leaked news of his involvement in a 'hawala racket'.
The case is ingeneous. A young man and woman from J&K returning
from Kathmandu claimed to have received $100,000 from Abdul Qadir
to be given to Yasin Malik. Despite intensive security checkup at
Kathmandu and Delhi the couple escaped all attention until they
were intercepted on the highway between Jammu and Srinagar. They
promptly confessed to being carriers of 'hawala' money. Abdul
Qadir denies having been to Nepal in last seven years. The man
Mushtaq Ahmad on his release from jail in February 2000 ceased to
be a JKLF member let alone a spokesperson he was said to be by
the cops. Under section 32 of POTA "confession" of an accused
against a third person is inadmissible as evidence. Yet, this
sufficed to arrest Yasin Malik while he was addressing a press
conference. He was beaten up on his right ear by SP Manohar Singh
of SOG while in police custody demanding that he make a
"confession". His health is frail (kidney, heart and recent micro
surgery in his right ear). And he was attacked by the Shiv Sena
goons when he was taken to the government hospital for a medical
checkup. In a final twist when the designated court gave him bail
on July 25, and pointed out that since the money said to be meant
for the accused never reached him and since the two accused have
retracted their confession the accused should be "set at liberty"
after he furnishes bail. He was promptly placed under preventive
detention for two years!

The detention of Syed Geelani and his journalist son-in-law is
equally omnious. His detention was much publicised for receiving
'hawala' money, was finally not charged under POTA but detained
under Public Safety Act. The charges are absurd: that he is
member of Jamaat i Islami, for criticisng US war against
Afghanistan, for describing himself as Pakistani! But receiving
funds illegally figures as one among 15 charges against him and
not even on top of the list! His son-in-law journalist Iftekhar
Geelani was detained for violaion of Official Secrecy Act which
is patently absurd. The evidence of Indian troop movement relates
to period before 1996 are available on the internet
(http://www.issi.org.pk/). And failing to make a case against him
they have charged him under the Pronographic Act!

So dear friends please understand how easy it is to frame a
person on dubious ground and to convict them under POTA. At times
it suffices to detain a person and deport them to hostile
territory where their lives are in danger. Many a crime are being
committed under the name of "national security", media told to
stay away in matters of "national security" (a press conference
held on July 13 at the Delhi press club attended by more than 30
reporters and journalists was blacked out. Coincidence or living
under a state of "undeclared emergency" there is need for
vigilance.

What can we do? Lots? Write to newspapers asking for fair
coverage. Not for exclusive coverage or favourable opinion. None
of that. Just requesting them to report truthfully. The fact that
government has been unable to put a lid on Iftekhar Geelani's
case, despite invoking national security, is because the Delhi
Union of Journalists rallied behind their colleague and have kept
up the pressure ensuring that newspaper editors and proprietors
donot succumb to government arm twisting. Which is to say that it
is possible to fight censorship by remaining vigilant. Because
rule of law and justice for all is an intrinsic part of our
struggle for a democractic India.

gautam navlakha/ kumar sanjay singh/ tripta wahi/ vijay singh

_____

#6.

Dear Friend,

Greetings.

We have published several booklets on inter-communal and=20
inter-religious harmony, which you might be interested in procuring:

The Muslim Rishis of Kashmir: Harbingers of Love and Justice=20
[pp.100]: This booklet provides a general overview of Muslim Rishism,=20
the only indigenous Sufi order in Kashmir, established by the=20
fourteenth century Hazrat Nuruddin Nurani [also called Nund Rishi or,=20
by the Hindus, as Sahazanand]. The focus of the book is on the role=20
of the Muslim Rishis in promoting social reform and communal harmony=20
in Kashmir. It contains selections of Nund Rishi=EDs mystical poetry.=20
[Available in Urdu and English]

Hindu-Muslim Syncretic Shrines in Karnataka [pp.60]: This booklet=20
examines the history of seventeen saints and religious figures in the=20
south Indian state of Karnataka, focussing their role in promoting=20
inter-communal harmony and amity. [Available in English]

Voices from the Valley: Contemporary Kashmiri Sufi Perspectives=20
[pp.64]: This booklet consists of a series of interviews with=20
practising Sufis as well as social activists and academics in=20
Kashmir, on issues related to the role of Sufism in promoting peace=20
and communal harmony. [Available in English]

Crossing the Border: Shared Hindu-Muslim Traditions [pp.52]: This=20
booklet is a collection of short essays on men of God who spent their=20
lives crusading against communal rivalries, calling for Hindus and=20
Muslims and others to recognise their common humanity and live in=20
peace and harmony. Included are pieces on Guru Nanak, Bulhe Shah,=20
Dara Shikoh, Sarmad Shahid, Mirza Mazhar Jan-e-Janan, Kutuban and Ras=20
Khan, as well as essays on the Imamshahi Satpanth in Gujarat, the=20
Natha-Tantra interface in Bengal, and the Meo Muslim Mahabharata.=20
[Available in English]

The Chishti Sufis of India [pp.48]: This booklet provides a general=20
introduction to the life and teachings of the great Chishti Sufi=20
masters of India, focussing on their role in promoting peace and=20
harmony between people of different faiths. It also includes excerpts=20
from their writings and poetry. [Available in English, Urdu and Hindi]

The Islamic Movement and the Political Challenge [pp: 31]. This=20
booklet is a summary in English of an Arabic book written by the=20
Lebanese-born Islamist political activist Mustafa Tahan, exploring=20
the vexed issue of political Islam [Islamism] and its bearing on=20
questions such as democracy, secularism and the rights of minorities=20
and women. [Available in English]

The Deendar Anjuman [pp.64]: This booklet looks at the teachings and=20
history of the now-banned Deendar Anjuman, exploring its links with=20
the Lahori Ahmadis. It examines the claims of the founder of the=20
sect, Siddiq Hussain [b.1886] of being the incarnation of a Lingayat=20
saint, Channbasaveshwara and how the sect has sought to use the cover=20
of inter-faith dialogue to promote its own agenda, not hesitating to=20
use violent means for its own purposes. [Available in English].

The Pranami Faith: Beyond Hindu and Muslim [pp.80] [Author: Dominique=20
Sila-Khan]: This booklet provides an overview of the life and=20
teachings of Mahamati Prannath [Meher Raj Thakur], the seventeenth=20
century founder of the Pranami religion, who claimed to be the Kalki=20
Avatar of the Hindus and the Imam Mahdi of the Muslims. It focuses,=20
in particular, on his role in promoting inter-communal amity.

All booklets are priced at Rs. 10 each, plus Rs. 2 per booklet=20
postage within India. Payment by MO, cheque or in the form of unused=20
postage stamps. You can place orders by writing to Yoginder Sikand at=20
<mailto:ysikand@y...>ysikand@y...

Do also have a look at our monthly web-magazine Qalandar, devoted to=20
a discussion of issues related to Islam and inter-faith relations in=20
South Asia on:=20
<http://www.islaminterfaith.org/>www.islaminterfaith.org

Regards,

Yoginder Sikand

______

#7.

Science & Technology Awareness Group (STAG), Chandigarh
Chetna Manch, Chandigarh
Sahit Chintan, Chandigarh
Chandigarh School of Drama

invite all interested to witness a street play
by Gursharan Singh and his group
on Hiroshima Day, 6 Aug 2002,
at 5:30 p.m. at Sector 17 plaza in Chandigarh.

This is part of a series of activities being organised
by STAG over the last few weeks and continuing.
Aug 6 activities include attempt to sensitise children and
teachers in some local schools - locating
ground zero in case of a possible nuclear attack in Chandigarh
and visualising the extent of destruction followed by discussions.

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