[sacw] SACW #1 | 22 Mar. 02

Harsh Kapoor aiindex@mnet.fr
Fri, 22 Mar 2002 02:40:33 +0100


South Asia Citizens Wire - Dispatch #1 | 22 March 2002
http://www.mnet.fr

__________________________

#1. Interview: Pakistan's interior minister (Siddharth Varadarajan)
#2. USA: The New New Yorkers Erasing Dividing Lines: An Indian-owned=20
gallery showcases Pakistani artists (Lavina Melwani)
#3. India: Relay Fast For Peace and Communal Harmony (23-28 March, New Delh=
i)
#4. India: Sack Modi, ban VHP (Praful Bidwai)
#5.India: Saffron experiments with truth (Rakesh Shukla)
#6. India: A plea for sanity (Shabana Azmi)
#7. After Riots, Some Muslims Fear for Their Future in India (Somini Sengup=
ta)
#8. India: Nishant's Performance Commemorating Martyrdom of Bhagat=20
Singh- Rajguru-Sukhdev.
#9. USA: March for Religious Harmony and Social Justice to the=20
Indian Consulate in San Francisco 23 March at 12:00 noon.

__________________________

#1.

The Times of India
FRIDAY, MARCH 22, 2002

INTERVIEW
Inside Islamabad

[ FRIDAY, MARCH 22, 2002 12:11:24 AM ]
Pakistan's interior minister, Lt Gen Moin-ud-Din Haider (Retd), is=20
the Musharraf regime's point man in its battle against extremism.=20
Soon after the government banned extremist groups in January, his=20
brother was killed by militants. In an interview with Siddharth=20
Varadarajan in Islamabad, Haider says Pakistan has done enough to=20
address India's concerns and that the current military stand-off is=20
making his task of dealing with extremists more difficult:
Looking back at all that has happened in the past six months, from=20
9/11 to the murder of Daniel Pearl, do you now regret allowing=20
extremists like Omar Sheikh and Masood Azhar to slip back into=20
Pakistan so easily after the Kandahar hijacking?
I think so. We should have kept track of them. Subsequently, we did=20
restrict their activities even before September 11 or January 12.=20
Many of their pronouncements and speeches were of no help to=20
Pakistan. But now we have moved against such people.
We have made arrests, banned these groups, frozen their accounts,=20
shut down their offices. We have taken many steps for our own reasons=20
but these also address many of your concerns as well. If we are=20
trying to control extremism in Pakistan, this is for the good of=20
Pakistan. I want to say that this effort of ours has been dampened by=20
the unilateral action of India such as its border deployment. This=20
has diverted our attention. Our army and paramilitary forces went=20
back to the border. We were using them to curb extremists.
Soon after Pearl was kidnapped, Pakistan accused India of=20
involvement. What happened?
Well, there were many gaps in the story about why Pearl went to=20
Karachi. His wife and a colleague, Isra Nomani, an Indian-born US=20
national, also came. Now, Nomani told me Pearl had come to do a story=20
on Richard Reid, the shoe bomber. I said Reid is already in US=20
custody, what is left in the story? They said he wanted to see Pir=20
Gilani, who belongs to Lahore, and had come to Karachi to approach=20
Gilani through fixers. I was very surprised because I had never heard=20
of this Gilani before and in any case, it turns out he was accessible=20
to everyone. If he was in Lahore and accessible, why go to Karachi?=20
Then, if you are going to interview or meet someone, you go to an=20
office or home, not dangerous places. So this aspect also puzzled me.=20
If Pearl's aim was to do the Reid story, why should they rent a house=20
- with a cook and all other expenses - instead of just staying in a=20
hotel like all the other journalists? This was another puzzling=20
factor.
But what is the Indian connection in all this?
Omar Sheikh was in an Indian jail for five years. I have never said=20
there is a link with the Indian government. I know others said=20
things. The fact is some telephone records suggest calls were made to=20
India (by Isra Nomani).
So are you saying Omar Sheikh is an Indian agent?
I cannot figure a reason for Omar - who was in an Indian jail for=20
five years - to have done this. It embarrasses Pakistan, it tarnishes=20
us. Some newspapers are saying (he is an agent) but there is no=20
official view on this. I think the levelling of such accusations will=20
be counterproductive.
Will Pakistan extradite Omar Sheikh to the US?
The US knows that investigations in the Pearl case are still=20
continuing. The Federal Bureau of Investigation (FBI) has joined in.=20
They appreciate our massive effort to apprehend the culprits. If=20
there is evidence, the trial can be here. If we have all the=20
evidence, the US will not mind.
Does the FBI have access to Omar Sheikh? Have they been interrogating=20
him without the presence of Pakistani officers?
They have access but I am not sure if it is without the presence of=20
our officers. The FBI has been helping us mainly in technical matters=20
like tracing e-mails.
You have said the US extradition request for Omar Sheikh cannot be=20
compared with the Indian request for Masood Azhar and 19 others. What=20
is the difference?
First of all, the US has given us the indictment of Omar Sheikh. When=20
we wanted the US to extradite our former naval chief, we had to give=20
them a 70-page legal document. On India's list of 20, we have said=20
there are many things to sit and talk about. We are afraid the wish=20
list just keeps growing.
Can you give us a status report on the 20? Has there been any attempt=20
to track them down?
I am not able to give such a report at this time. But we have given=20
our opinion that this is not a very big matter. Let us sit and=20
discuss it. We have taken many, many, many measures. But we feel=20
India's wish list will never end. They want this stalemate to=20
continue. The goalposts keep changing. People here feel enough is=20
enough.
Pakistan's Extradition Act says requests from foreign governments for=20
fugitives will be referred to a magistrate. Instead, your government=20
has summarily rejected India's request. Why are you not following the=20
judicial procedures specified in your own law?
Well, that is why we have asked India for evidence. Only then can=20
there be a judicial procedure. Then we have to find the persons and=20
present them before a magistrate.
But Masood Azhar is already in custody.
If you give us evidence, we can proceed. But he was with you for five=20
years and you never proceeded against him. You let him go.
Is there a double standard here? In the case of Mir Aimal Kansi and=20
Ramzi Youssef, Pakistan simply handed them over to the US.
There was a big hue and cry in Pakistan at that time. Now we are=20
following judicial procedures more strictly. People resented that=20
action. This time, we are going to follow the due process of law.
Your war on extremism is in its early days and already there have=20
been sectarian killings. Do you think you will be able to control=20
these elements?
We are taking adequate steps but when you take strong decisions, a=20
backlash will be there. This is a journey that will take us some time.
Do you feel the Pakistani government was too lenient to extremists in=20
the past, that you allowed them to grow in stature and influence?
Over the years, successive governments failed to take action against=20
extremists. But we have taken a stand for a modern state. Anyone who=20
threatens the government - to march to Islamabad, to impose some form=20
of Islamic state - the process of law will move against them. This=20
country came into being because of Islam, but not for a theocratic=20
state. We will not allow people to challenge the writ of the=20
government. There is a plan. We have been trying to put the genie in=20
the bottle for some time.

__________________________

# 2.

Newsday
March 20, 2002

THE NEW NEW YORKERS

Erasing Dividing Lines
An Indian-owned gallery showcases Pakistani artists

By Lavina Melwani
Lavina Melwani is a freelance writer

In the past 50 years India and Pakistan, both nuclear powers, have gone to
war four times. Since both nations were spawned from the Partition of
1947, their peoples - sharing a common cuisine, music and surely common
dreams - have had to part ways.

So it seems somewhat of a paradox, with the two countries so long in
conflict, that an Indian-owned art gallery in New York is showcasing the
work of five Pakistani artists.

Not to mention that Hindu Muslim riots, so reminiscent of Partition, have
ignited India in the past month and there is worry about more fighting in
the disputed Kashmir region, claimed by both countries.

Yet ask Rajiv Chaudhri, founder of IndoCenter of Art & Culture (ICAC) in
Chelsea, and he will tell you there could not have been a better time for
this exhibition.

For most Americans, Pakistan, which has been catapulted into world
consciousness with the painful events of the past six months and the war
in Afghanistan, has remained an enigma. In presenting Painting Over the
Lines: Five Contemporary Artists from Pakistan, ICAC is providing a
glimpse into contemporary Pakistani culture and conflicts.

"I want to promote South Asian and not just Indian art because we have a
common heritage," said Chaudhri, whose not-for-profit organization is
dedicated to the presentation of contemporary art and culture of the
Indian subcontinent. "India is 80 percent of the subcontinent and that is
a fact of life but we are reaching out to artists from Pakistan,
Bangladesh, Nepal and Sri Lanka. Over time as people see the programming
that we do, they will realize we really are about South Asia."

Chaudhri, who came from India to the U.S. in 1981 to study at the Kennedy
School of Government at Harvard University, has always been interested in
the dynamics between religious groups. In spite of being a Hindu, he gave
himself a Muslim middle name - Jahangir - to make a statement about his
beliefs in the oneness of the cultures.

After 13 years at Goldman Sachs as an equities analyst, he started his own
high technology fund, Digital Century Capital. It was his deep interest in
Indian art that led him to create ICAC, which he first called the India
Center. Later, in keeping with his expanded vision for the space, he
christened it IndoCenter, a name that encompasses the entire subcontinent
with its varied people.

This year, the center completed its first anniversary and the 3,500-
square foot space has seen more than 40 workshops and symposia on
everything from politics to religion to Hollywood films. The current
exhibition highlights the work of five artists who were all trained at
Lahore's National College of Arts: Hamra Abbas, Sylvat Aziz, Rashid Rana,
Ali Raza and Risham Syed.

Through varied materials and methods, these artists raise issues of
national identity and the challenges that are posed by globalization to
traditional religious and cultural values. They also raise questions of
women's rights, bonded labor and military rule in Pakistan even as
tensions escalate with neighboring India.

Aziz and Raza were in New York for the opening. Aziz, who is assistant
professor of painting and drawing at Queens University in Kingston,
Ontario, boldly questions social and political mores through her print
series, The Monkey's Wedding, a stunning mlange of documentary
photography, collage and painting techniques.

Raza is intrigued by the linkage of past and present and the dynamics of
intersecting worlds. He borrows images and styles from Mughal miniatures
and juxtaposes them into his paintings of contemporary events. By joining
two disparate panels, he forces the viewer to think of these inevitable
connections.

Raza, who teaches at the College of Visual Arts in Minneapolis, observed,
"Artists are beyond boundaries - we don't necessarily see the political
boundaries between India and Pakistan. I take inspiration from 16th and
17th century miniature paintings and see the overall history of that
region."

Painting Over the Lines has been organized by Karin Miller-Lewis and
Mahnaz Fancy, and includes a series of public programs that delve into
many provocative topics such as Pakistan's relationship with India and
contemporary world culture.

The opening day reception brought in 200 people, many from the Indian and
Pakistani communities that generally move in parallel worlds. Fancy, the
program and development officer of the center, is herself Pakistani-
American. She observed: "There has been a conscious outreach to the
Pakistani community. We're reaching out to different communities through
organizations and educational institutions in an effort to extend the
cultural conversations."

As Pakistani-Americans and Indian-Americans mingled together on opening
day, it was obvious that art can help to erase dividing lines.

"Those of us who are living in the U.S. are in the best position to
deliver this message back home. I think we have an important role to act
as change agents because we have the ideas and energy to do it," said
Chaudhri.

Over the Lines: Five Contemporary Artists from Pakistan is on view at the
IndoCenter for Art and Culture, 530 West 25th Street, through June 29. For
upcoming events about the politics, culture and arts of Pakistan call 212-
462-4221 or check www.indocenter.org

Caption: Newsday Photo / Jiro Ose - Mahnaz Fancy, left, Rajiv Chaudhri,
right, chat with artists Sylvat Aziz, second from left, and Ali Raza at an
NYC gallery exhibition

______

#3.

People for Peace and Secularism

RELAY FAST FOR PEACE AND COMMUNAL HARMONY

23-28 MARCH, MANDI HOUSE ROUNDABOUT [NEW DELHI]

AN APPEAL TO ALL CITIZENS TO JOIN

We, as citizens of India, have always been proud of our Constitution=20
and of our democratic heritage that assures equality, dignity and=20
security to all citizens regardless of their religious or political=20
affiliations. Today, these ideals lie in the dust. We hang our heads=20
in shame as we recall the events of the last few weeks that have=20
engulfed our country in violence. We have no words strong enough to=20
condemn the heinous attack on the Sabarmati Express at Godhra and the=20
systematic annihilation of Muslim communities in Gujarat, which has=20
continued unchecked for the last three weeks. More than 3,000 people=20
have died - more than 100,000 have lost their families, their homes,=20
their means of livelihood and their hopes and dreams.

It is a matter of national shame that the State Government has=20
actively encouraged and supported those who have perpetrated the=20
carnage. It is a matter of national shame that the acts of savagery=20
carried out by gangs of armed hoodlums have been defended and=20
justified by those whose duty is to control such elements and protect=20
the lives and rights of citizens. It is a matter of national shame=20
that the government is talking about integration with the global=20
economy while ignoring the deliberate and complete destruction of the=20
livelihoods of thousands of Muslims in Gujarat.

The events in Gujarat are driven by the same forces as the militant=20
mobilisation in Ayodhya by religious bigots who openly declare their=20
intention of driving away all non-Hindus from this country. Those who=20
claim to be acting in the name of Ram do not hesitate to shed blood=20
in the pursuit of their agenda. This is not Hinduism - it is not the=20
religion of peace, love and non-violence preached by saints and=20
sages, and practised by millions. This is not nationalism - it is=20
blind destruction of the very foundations of our nation. These are=20
not acts of faith - they are acts of terror.

People of many faiths have lived together in peace and amity for=20
centuries in our country - we have celebrated Divali and Eid, Holi=20
and Christmas together and with equal fervour. We have taken pride in=20
our diversity - indeed, the world has always recognised it as our=20
greatest strength. Yet today, on the eve of Holi and Muharram, we are=20
faced with the prospect of blood on the streets.

It is time for us to take a stand against the ideology of hate and=20
those who perpetrate it. We will no longer tolerate the politics of=20
communalism. As citizens of India, we claim our rights to peace,=20
safety and security - we demand that the government ensure these=20
rights for all citizens.

We demand

Ban on organisations like the VHP and Bajrang Dal that are=20
propagating communalism and violence.

Dismissal of the Narendra Modi government and the imposition of=20
President=EDs Rule in Gujarat.
Relief and rehabilitation on equal terms for all those affected by=20
the carnage in Gujarat.
This may be our last chance - if we keep silent now, our democracy=20
may not survive the wounds that have been inflicted on it in the last=20
weeks!

For more information please contact

8 am - 8 pm - Jagori, C 54, South Extension Part II, New Delhi 110049.

Tel; 6257015, 6253629, 6257140.
Email:=20
<http://us.f107.mail.yahoo.com/ym/Compose?To=3Djagori@d...>jago=
ri@d...

8 pm - 8 am - Abha Bhaiya 6677195

Syeda Hamed 6821053

Malini Ghose 4312913,4311214

______

#4.

http://www.hindustantimes.com/nonfram/220302/detide01.asp
The Hindustan Times
Friday, March 22, 2002

Sack Modi, ban VHP
by Praful Bidwai

We have recently heard much elevated rhetoric about the inherent=20
'tolerance' of all religions, replete with quotes from Gandhiji. Some=20
of this always sounded unconvincing when mouthed by followers of the=20
same ideological current to which Gandhiji's assassin belonged.

Now that these practitioners of cant have 'settled scores' in blood=20
with their Islamic adversaries in Gujarat in the ratio of 12:1 (704=20
Muslims officially recorded killed in numerous pogroms vs 58 Hindus=20
killed in Godhra), their protestations stand exposed as dangerous and=20
fraudulent.

But it is important to note secular 'tolerance' too, of the variety=20
practised by the BJP's allies in the NDA. They have long equated=20
tolerance with indulgence and condonation of forces in the Sangh=20
parivar well to the BJP's right. They have tolerated their=20
hate-speech and hate-crimes in the name of freedom of expression, and=20
worse, 'sentiments' of certain 'communities'. They have also=20
whitewashed the organic links between these forces and the BJP's=20
parliamentary wing, led by Atal Bihari Vajpayee.

Thus, these 20-odd parties, half of them from former socialist=20
tendencies - who ought to have known better - deluded themselves that=20
the BJP's dramatic jump from two Lok Sabha seats in 1984 to 117 in=20
1991 could be separated from the temple campaign's success, although=20
L.K. Advani has himself candidly admitted it could not be. They=20
imagined Vajpayee to be a secular 'liberal' although he has never=20
once disowned the Sangh-is-my-soul identity.

They allowed Vajpayee to hijack their agenda on two crucial issues:=20
in 1998 nuclear weapons and reviewing the Constitution - which were=20
never part of their own manifestos. Their response was supine when he=20
implemented that agenda at Pokhran at the RSS's behest - without=20
consulting them, including his own defence minister.

These same 'tolerant' groups, which admittedly have no stake in=20
rewriting textbooks in order to deny India's multi-cultural,=20
multi-religious character throughout history, or in promoting=20
religious hatred, failed to restrain born-again ideological Taliban=20
like M.M. Joshi from embarking on his 'revolution' in education. They=20
did nothing to stop his purge of institution after cultural=20
institution - to sow hatred, prejudice, rank superstition and=20
illiteracy.

True, these allies got worked up in September 2000 when Vajpayee=20
declared to a hardcore-Hindutva audience in Staten Island that he=20
would forever remain a swayamsevak and work towards building the=20
"India of my dreams", naturally complete only with a Ram temple at=20
Ayodhya.

They were upset, when three months later, he said the Ramjanmabhoomi=20
campaign was a 'national', and not a parochial-sectarian, movement.=20
But they allowed themselves to be pacified with patently specious,=20
transparently disingenuous 'clarifications' typical of Hindutva-style=20
doublespeak and Brahmanical sophistry.

The allies' own commitment to projecting a multi-cultural identity=20
for the NDA seems both limited and compromised by crude power=20
calculations. They have been scarcely bothered that their cabinet has=20
just one Muslim, and that there is a shameful legacy of=20
under-representation and exclusion, for example, of Muslim women.=20
Their cumulative number does not exceed the single-digit figure in=20
all our Lok Sabhas and Rajya Sabhas put together.

By the time Vajpayee last year legitimised the VHP's March 12=20
'deadline' for starting temple construction, and made his shocking=20
February 19 speech in Varanasi, chiding Muslims by telling them the=20
BJP does not need their votes, the allies had succumbed to a=20
well-defined pattern of Hindutva hypocrisy based on low cunning,=20
devious denial and dishonesty. None of them went beyond pro-forma=20
tut-tutting. None seriously objected to that disgracefully sectarian=20
and exclusivist address, which was wholly unbecoming of a prime=20
minister.

Throughout the past three weeks, they have failed to demand that=20
Vajpayee visit Gujarat, acknowledge the magnitude of the carnage and=20
solemnly promise to punish those guilty of unspeakable barbarities=20
against Indian citizens.

The time has come for the allies to shed this indulgent 'tolerance'=20
bordering on gross appeasement of Hindutva. What happened in Gujarat=20
was not a communal 'riot', but an organised massacre of Muslims with=20
the State's active complicity and connivance. Agency after government=20
agency was suborned and yoked by communal killers to bestial ends.=20
Thousands of officials have been guilty of grave dereliction of duty.

To this day, Narendra Milosevic Modi continues to humiliate and=20
terrorise Muslims. He calculatedly fails to protect their life and=20
property. He has inflicted unbearable conditions upon refugee camps:=20
six toilets for 3,000 people; and 60 grams of wheat in daily rations.=20
His government's existence is an affront to constitutional democracy.

Last week, Ayodhya saw disgraceful appeasement of forces inimical to=20
democracy, through the agency of the attorney general - who demeaned=20
his office by pleading the VHP's case before the Supreme Court,=20
through the Ayodhya cell in the PMO, and politicised civil servants,=20
including a former Faizabad district magistrate and police=20
superintendent.

The court restrained the government from allowing the VHP to=20
symbolically start temple construction. Yet, PMO official Shatrughan=20
Singh officially received the shilas, stipulating that they be the=20
first to be used in the building. The Orissa vandalism was a response=20
to the strong signals of appeasement of Hindutva - emanating from the=20
apex of the government.

Clearly, each day the Vajpayee-Advani leadership continues in power,=20
institution after vital institution of democracy, central to the=20
defence of the citizen's life and limb, gets compromised. Even the=20
possibility of the civil service maintaining political neutrality=20
gets corroded. There is a straight, direct, irresolvable clash=20
between the continuation of the NDA government and the minimal=20
requirements of democracy - one sharper than in 1977, when the Janata=20
Party split on the issue of 'dual membership' and loyalty to Hindutva.

Confronted with this conflict today, the BJP's secular allies are=20
called upon to join the opposition in making two sharp, well-focused,=20
modest demands on Vajpayee: send Narendra Modi packing, and ban the=20
VHP and Bajrang Dal nationally.

The first demand arises from the grim situation in insecurity - and=20
terror-bound Gujarat. The second from the fact that nothing short of=20
proscription can rein in the compromised agencies of the state and=20
signal the Centre's sincerity about defending the Constitution, its=20
own democratic mandate, and its sole source of legitimacy.

The NDA allies should learn something from the first Janata split.=20
Not only was it inevitable; those who joined hands with the ex-Jana=20
Sanghis, like Chandra Shekhar, got utterly marginalised and=20
discredited. The Sanghis, including Vajpayee, stabbed them in the=20
back and formed their own party in 1980.

The NDA was engendered by a cynical calculus based on the BJP's=20
weakness - its inability to come to power without its secular allies.=20
It has shrewdly used the allies to advance its own long-term agendas=20
through the parivar, especially the VHP, Hindutva's main instrument=20
today. Asked to choose between them and its own parivar, the BJP will=20
discard them like squeezed lemons - as in 1977.

More broadly, all secular parties have a pressing obligation today:=20
defend the Constitutional values of secularism, pluralism, an=20
impartial civil service, social cohesion, and democratic decency.=20
They must take to the streets to fight Hindutva. They must staunchly=20
oppose POTO which in today's circumstances can only be a crude=20
communal weapon. The time has come to choose between bestiality and=20
constitutionality.

______

#5.

The HindustanTimes , 21 March 2002 | Editorial

Saffron experiments with truth
Rakesh Shukla

Like a scene from Alice in Wonderland, POTO is being touted as a=20
remedy for terrorism with the government asserting that "without POTO=20
the war against terrorism would have no meaning".

Think about it. TADA, which was brought in to tackle terrorism, was=20
initially applied in four states; but finally, it was in force in 22=20
states! If anything, the law seems to have encouraged terrorism.

POTO was in force on December 13. The link between prevention of such=20
attacks and enacting a draconian TADA-like law is not a self-evident=20
truth. The cause of such acts of violence is not lax laws. The most=20
draconian of laws and the highest security measures cannot prevent=20
suicide attacks. Such incidents can only be prevented by addressing=20
the causative factors which lead to them.

The use of POTO justifies fears about the nature of the law and its=20
use. Let us look at it from October 24, 2001, the day of=20
promulgation. Section 18 (1) of the ordinance gives the power to=20
declare an organisation as a "terrorist organisation" by listing it=20
in the schedule. The central government lists no less than 23=20
organisations as "terrorist". It lists organisations which are more=20
or less dysfunctional like the Babbar Khalsa, Khalistan Commando=20
Force and Khalistan Zindabad Force. Similarly, the People's=20
Revolutionary Party of Kangleipak (PREPAK), Kangleipak Communist=20
Party and Kanglei Yaol Kanba and other obscure outfits, which no one=20
has heard of for ages, are listed in the schedule.

There appears to be no evaluation which would indicate the reasons=20
for taking the undemocratic and drastic step of sealing the offices,=20
seizing property and declaring mere membership of an organisation=20
punishable. Once a provision to ban is put in the law, it becomes=20
convenient to mechanically, without due application of mind, ban any=20
organisation taking up issues unpalatable to the government. It is=20
clear that instead of using this extraordinary power as an exception,=20
the BJP-led government plans to make wholesale use of the provision.

The banning of SIMI under POTO, when it already stood banned under=20
the Unlawful Prevention Activities Act, 1967, undermines the=20
judiciary. Under the 1967 Act, the ban has to be adjudicated upon by=20
a tribunal headed by a sitting judge of the high court. Today, in the=20
event that the tribunal strikes the ban as invalid, SIMI would still=20
remain banned under POTO. Hence, the entire adjudication before the=20
tribunal becomes an exercise in futility and the decision of the high=20
court judge is rendered meaningless.

The banning spree does not end with the 23 organisations. The=20
Machiavellian sub-section 2 of Section 18 provides that the central=20
government can, by publishing in the official gazette, add an=20
organisation to the list of banned organisations. It is an open-ended=20
list which stretches endlessly into the future. All human rights=20
groups, students' and writers' organisations which are raising=20
inconvenient issues can be put in the schedule of banned groups at=20
the whim and fancy of the powers-that-be.

In its first ever use, the unpopular J&K government sealed Ghulam=20
Mohammed Dar's house and threw out his wailing mother and relatives.=20
Dar was booked under POTO. There are no allegations against his=20
family members, yet all got thrown out on the cold streets of=20
Safakadal, Srinagar. The police claimed to have acted under Sections=20
8 & 9 of POTO.

Section 8 provides for the forfeiture of "proceeds of terrorism".=20
Section 9 provides that forfeiture is not to take place unless a=20
notice in writing giving grounds and reasonable opportunity to reply=20
and be heard is given to the concerned person. The sealed house of=20
Dar seemed to be the family dwelling house and no material showing=20
that it constituted "proceeds of terrorism" has been produced. In=20
clear violation of Section 9, Dar was arrested and the house sealed=20
with no opportunity to reply or be heard.

The efficacy of the much touted safeguards in the ordinance is=20
crystal clear. Give more powers to the police and watch the=20
totalitarian action. Supplementing the confession provision, the=20
police will now get an additional bonanza of protracted police=20
custody along with the denial of bail to the accused.

Unlike TADA, where an area had to be declared as a "disturbed area"=20
before the stringent provisions came into force, POTO is applicable=20
from Kashmir to Kanyakumari! The maximum number of arrests under TADA=20
was in Gujarat, where there was no terrorist activity at that time.

Gujarat illustrates the arbitrary power conferred on the executive by=20
vague definitions of terms like "terrorism". Those arrested for the=20
Godhra carnage can be charged under POTO as it was a "terrorist" act;=20
however, the killing of hundreds of Muslims is deemed a "spontaneous=20
reaction" outside the purview of "terrorism". Latest reports say that=20
of the 62 booked under POTO for the Godhra massacre, all are Muslims.=20
But for the genocide which followed, not one suspect has been=20
arrested.

One of the main reasons that TADA was allowed to lapse in 1995 was=20
its anti-minority agenda. Acts of violence like murder, arson,=20
bomb-blasts, even hijacking can be dealt with under existing laws.=20
The Rajiv Gandhi case has demonstrated that the ordinary law of the=20
land is adequate in dealing with terrorist acts. The terrorists Sukha=20
and Jinda were convicted for the murder of Gen. Vaidya under ordinary=20
law.

At the heart of the debate about laws like TADA or POTO is the=20
understanding of democracy and fundamental freedoms. Indeed, after=20
the Gujarat carnage, POTO in the hands of the RSS pracharaks will=20
certainly lead to the making of a fascist State.

The writer is an advocate in the Supreme Court of India.

______

#6.

http://167.216.192.98/goodearth/offbeat2.shtml
The Hindustan Times | 22 March 2002
=20=20=09=20
A plea for sanity

by Shabana Azmi

A case is being made that the Godhra incident wasn't condemned enough=20
by the media and that this shows that the entire media has an=20
anti-Hindu stance. Surprisingly, this is being repeatedly said in=20
Parliament.

I'd like to categorically state that the Godhra tragedy was the worst=20
of its kind that mankind has ever witnessed in which young women and=20
innocent children lost their lives. It needs to be and has been=20
condemned in the strongest of words.

But the difference between the two incidents - the Godhra tragedy and=20
the Ahmedabad riots - is that the latter was a state-sponsored=20
massacre and hence cannot be treated at par with the former. One=20
cannot compare the two incidents. It's been said that 98 people were=20
killed in police firing and about 900 arsonists arrested. Would=20
anyone - I am asking Mr. LK Advani, Mr. Narendra Modi and others -=20
claim to have got anyone from their party arrested? And had this been=20
the case, would these people not be raising a hue and cry? Which=20
Bajrang Dal or VHP neta got arrested? Do we have the names of any one=20
prominent leader coming forward with the accurate data?

Modi's claims that he was able to control the riots in 72 hours and=20
that it's a record doesn't hold any water because I visited Ahmedabad=20
right after the riots along with Sitaram Yechury, Raj Babbar and Amar=20
Singh and the kind of damage done to property is irreparable. One=20
cannot imagine property being annihilated and that is something of a=20
very long-term loss, something they will not be able to easily=20
recover from.

The official figure that has been accepted is 650 but I have proof=20
substantiated by many NGOs that the loss of life has been more than=20
2000 people. I ask any citizen of the country: Is this information=20
something they could take pride in?

What kind of laws apply to a land where we allow the Vice President=20
of Bajrang Dal go scot-free even after what he has to say about=20
rioting and training his men in one of the latest issues of a popular=20
newsmagazine? It's chilling, abominable and should be denounced at=20
any cost.

I can say with great conviction that such a thing (the act of=20
violence) is not possible unless there is a hundred per cent state=20
complicity. And that the state and law enforcers had a partisan role=20
to play yet they have been given a clean chit by the government and=20
let the situation snowball into a terrible proportion.

To my horror, when I visited the Chief Minister's office in=20
Ahmedabad, he had this to say, "=8AAb chhut phut to hota hi rahega"=20
(Small incidents will keep taking place) to my face.

Another thing I find extremely disturbing is the BJP's supporters'=20
cry against the electronic media. I salute the media in our country -=20
they have been absolutely fair and unbiased in reporting the truth=20
about the whole incident. There have been no innuendoes or room for=20
any doubt as to who was calling the shots.

I would like to also add here that this kind of planned strategic=20
move cannot be called a "communal riot". This was not in the least=20
the entire community's reaction against an evil act perpetrated by a=20
bunch of criminals.

Enough of blame games have been played before but I refuse to buy=20
this cold blooded argument that one whole community is against the=20
other. This logic will not work, has never worked before.

And I attribute all this to intelligence failure and bad governance.=20
Tell me, first it was Kargil, then December 13 and now the Ahmedabad=20
riots - isn't all this shameful? Shouldn't someone be taking the onus=20
of responsibility in these inhuman tragedies? If they plead=20
innocence, nobody would buy it. Why didn't they know?

Finally, if they said something to the effect that they (BJP) would=20
honour the Supreme Court's verdict and they would abide by it and=20
also that it is a solemn assurance to all of us of their sense of=20
commitment what do they expect us to do? Bow down our heads in=20
gratitude to the BJP rulers that they have decided to follow the rule=20
of the land. What did they expect us to do really?

It's terribly sad that human lives don't mean a thing to the powers=20
that be. All this is a way of mobilising a political vote bank.=20
Grievances in the past - some real and some imaginary - are used to=20
construct a pantheon of villains and heroes. But is anyone listening?=20
What should be the role of the society at a time like this?

Since the fear of "the other community" is so strong that the=20
feelings are almost manifested in the belligerent mood of the common=20
man and instead of people coming forward to defuse the tension, there=20
is no common ground when the representatives of two communities sit=20
and thrash out the details. Till then, nothing can be a sensible=20
conclusion to the core issues.

______

#7.

The New York Times
March 21, 2002

After Riots, Some Muslims Fear for Their Future in India
By SOMINI SENGUPTA

http://www.nytimes.com/2002/03/21/international/asia/21INDI.html

_____

#8.

NISHANT NATYA MANCH'S PERFORMANCE COMMEMORATING THE 71ST MARTYRDOM=20
ANNIVERSARY OF BHAGAT SINGH, RAJGURU AND SUKHDEV
Bhagat Singh, Rajguru and Sukhdev laid down their lives for a=20
democratic, socialist and secular India on March 23, 1931.
Please come with friends and family members to National School of=20
Drama, Bhawalpur House, Mandi House, New Delhi on March 24, 2002=20
sharp at 4.45 pm to witness performance dedicated to great martyrs.=20
The theme of the performance is 'Sanjhi Shahadat-Sanjhi Virasat'.

For Further Details Contact: Shamsul Islam at 7248242 or 9868152613.

_____

#9.

March for Religious Harmony and Social Justice to the Indian=20
Consulate is planned for this Saturday, 23 March at 12:00 noon. From=20
the Ghadar memorial hall in San Francisco to the Indian consulate.=20
'Coalition Against Communalism' in the SF/Bay area. The webpage for=20
this coalition is available at http://www.ektaonline.org/cac

--=20
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