SACW | Dec. 6-15, 2006 | Democracy in Bangladesh / Disillusionment with Sri Lanka / Re-imagining Pakistan / India: Impunity in Gujarat & Mystery of December 13, 2002
Harsh Kapoor
aiindex at mnet.fr
Thu Dec 14 21:08:46 CST 2006
South Asia Citizens Wire | December 6-15, 2006 | Dispatch No. 2333 - Year 8
[1] Bangladesh: Restoring faith in the democratic process (Rehman Sobhan)
+ Sedition case against [Dr Kamal Hossain and
other] eminent lawyers condemned
[2] Sri Lanka: Disillusionment with the State
and the Perils of Unity in Grievance (UTHR)
[3] Re-imagining Pakistan: Mr. Jinnah's Pakistan
Isn't Working. What Can? (Pervez Hoodbhoy)
[4] India: Grave Mistakes [impunity for mass
murder in Gujarat] (Teesta Setalvad)
[5] 'The Introduction' [in] '13 December: A
Reader, The Strange Case of the Attack on the
Indian Parliament' (Arundhati Roy)
[
____
[1]
Daily Star
December 13, 2006
RESTORING FAITH IN THE DEMOCRATIC PROCESS
by Rehman Sobhan
We meet at a very critical moment in the nation's
history. On the previous occasions where I have
presented such reports the moment held much
promise. In March 1991, when as a member of the
first caretaker government, I presented the
report on 29 task forces set up by me, to the
then president of Bangladesh, Chief Justice
Shahabuddin Ahmed, the nation was consumed with
optimism for the future.
In August 2001, when we presented the reports of
15 task forces convened by CPD again, by
coincidence, to President Shahabuddin Ahmed, and
also to Mr. Mannan Bhuiyan and the late SAMS
Kibria, this optimism had been somewhat
diminished through exposure to a decade of
confrontational politics and a dysfunctional
parliament. But the mood was still positive, if
more subdued. Today, as we stand poised on the
edge of a dark void which could devour our
democratic institutions, the public mood is one
of foreboding.
We have witnessed three elections under three
successive caretaker governments in the
post-democratic era, which have been held in an
environment of relative tranquility. The three
caretaker governments, during their tenure,
commanded universal respect at the time for their
non-partisan character, and could discharge their
responsibilities in a collegial environment which
recognized the democratic nature of their mandate
and composition.
The chief adviser enjoyed universal credibility,
and chose to take all his decisions through a
process of democratic consultation with his
colleagues in the advisory council. Whilst
controversy over the role of the caretaker
government may have been generated in the wake of
the elections, particularly in 2001, during the
actual tenure of the three governments, no such
challenge to the legitimacy of the caretaker
government prevailed.
Today, for the first time, the conduct of the
caretaker government itself has became a source
of controversy, with the non-partisan character
of its chief executive being questioned. Even
though members of the current advisory council
are playing a commendably constructive role under
the most trying circumstances, we are witness to
contradictions between the chief advisor and his
colleagues, which were not witnessed in any of
the three previous caretaker governments. The
credibility of the present Election Commission,
from the outset of its incumbency, has come under
challenge to an extent not seen during the course
of the last three elections, and the very
scheduling of the elections is now contested.
Some very dramatic changes in the current
situation are demanded if the caretaker
government is to establish sufficient authority
to preside over a credible election. The conduct
of the chief advisor needs to be more
transparent, the functioning of the advisory
council more democratic, the integrity of the
Election Commission must be restored and, above
all, the conduct of the major political parties
has to be less confrontational. Otherwise we may
end up with confrontation instead of elections,
or with an election which commands a diminished
credibility in the eyes of the electorate as well
as the international community. Either of these
outcomes would compromise the legitimacy of
whichever government holds office in the days
ahead, which would neither serve the cause of
democracy nor restore tranquility to Bangladesh.
In such circumstances, as voters and citizens, we
look to our political parties to step back from
the brink and make a final effort to restore the
credibility and authority of the caretaker
government by restoring the autonomy of the
office of the chief advisor. We need to
reestablish the credibility of the Election
Commission, so that a greater sense of urgency
can be invested in the task of publishing a
credible voter's list. Such a process may
usefully reach out to civil society organizations
with links to the grassroots to augment the
resources of the Election Commission in the task
of expediting the preparation of a comprehensive
and transparent voter's roll.
Once the right to vote, and vote only once, has
been established we need to ensure that no person
is denied this right through direct coercion or
threats of force. Here we will need to ensure
that the officials who conduct the election,
enforce law and order and eventually count the
votes, are untainted by partisan commitments. In
this task of establishing the integrity of the
voting process civil society must also mobilize
itself across the nation and go out before,
during and after the elections to ensure as well
as protect their right to vote, and to reassure
those who are particularly endangered from
exercising their franchise.
The establishment of an enabling environment for
free and fair elections remains an immediate
priority. But it is just the first stage of an
election process. The demand for clean
candidates, associated neither with acts of
violence or command over sizeable undeclared
wealth, is widespread. The Nagorik Committee, and
every civil society group which has sounded out
public opinion across the country can testify to
the universal nature of the public demand for the
political parties to nominate credible candidates
for the forthcoming election.
In this task it is not enough to make demands on
the parties to reach out to party workers of
longstanding commitment with a record of public
service, and to prioritize such candidates in
preference to those with deep pockets and
adequate firepower at their disposal. Voters must
demonstrate their preference for clean candidates
by actually voting for such candidates when
offered such a choice by a political party. It is
for citizens, as voters, to reassure the
political leaders that they will not be
sacrificing a seat by nominating a clean
candidate in preference to one with muscle and
money.
If we move to a free and fair election, contested
by candidates held in some public esteem who have
participated in an electoral process whose
outcome is beyond challenge, we will also need to
ensure that the democratic mandate of the
parliament is restored. Three successive
parliaments have failed to discharge their
electoral mandate to hold the state accountable,
or to give voice to the mounting concerns of the
voters. The people of Bangladesh seek corruption
free and effective governance which will assure
them uncompromised justice, non-partisan law
enforcement, adequate food, remunerative work,
access to regular power supply, clean water,
decent schools and well functioning health care
facilities. It is the responsibility of our
parliament to ensure such a process of governance
through creative legislation, as well as to keep
the government constantly accountable and fully
transparent.
Bangladesh cannot afford to live through yet
another dysfunctional parliament characterized by
boycotts, exchange of invectives and indifference
to burning public concerns. A fourth such
parliament could reflect a terminal sickness in a
vital institution of democracy from which it may
be difficult to recover. With our administration
and law enforcement agencies compromised by
corruption and partisan conduct and our judiciary
moving into a phase of partisan warfare,
virtually all the major organs of governance are
approaching meltdown.
The crisis of governance facing Bangladesh is
particularly tragic because there are many areas
of light which punctuate the darkness. Our
hardworking farmers have tripled food production.
Two million women from our rural areas, as well
as other workers employed by a class of promising
entrepreneurs, have given Bangladesh a globally
competitive export capacity. Millions of ordinary
people, mostly from the rural areas, are working
abroad to remit over $5 billion which has
sustained our balance of payments far more
effectively than our declining inflows of foreign
aid. Near to 20 million, mostly poor women, use
access to micro-credit to sustain their families
and prevent them from sinking deeper into
poverty. Large numbers of unrecognized
individuals or groups have worked in a variety of
innovative ways to ensure subsistence for their
families, or resources for the local community.
Many young men and women, whether working in the
professions or through civil society
organizations, have demonstrated commitment and
professional skills which have enhanced our
development capacity.
If faith in the democratic process is to be
restored such constituencies of promise deserve
to be presented with a vision for the future.
Such a vision will serve to aggregate these
various enclaves of activity within a national
project which inspires hope that Bangladesh can,
one day, come together to synergise its enormous
potential. The initiative of the Nagorik
Committee was designed to reach out to citizens
around the country to capture this sense of
expectation for the future. We have attempted to
build upon Bangladesh's successes in a variety of
areas so as to design a vision which draws upon
the potential inherent in us to transform
Bangladesh into a poverty free, democratic and
inclusive society.
Our expectation is that our political leaders
will share this vision and draw upon many of our
ideas in designing their own agenda for
transforming Bangladesh. Any such vision
originating from civil society can only graduate
into an implementable agenda by encouraging the
political parties to invest their political
authority behind a vision for the future, which
they can transmit to the people through the
democratic process.
Sustainable democracy demands political parties
who can project a vision of hope to the people of
Bangladesh. Such a vision should not be perceived
as yet another exercise in campaign rhetoric or
it will only perpetuate cynicism from a public
who have grown weary of broken election promises.
The political leadership must demonstrate their
credibility, as well as capacity, to implement
such a vision, and the statesmanship to reach out
to civil society to join them in the task of
transforming such a vision into reality.
Rehaman Sobhan is Chairman, CPD and Convenor, Nagorik Committee2006
o o o
The Daily Star
December 07, 2006
SEDITION CASE AGAINST EMINENT LAWYERS CONDEMNED
Staff Correspondent
Ekattorer Ghatok Dalal Nirmul Committee and South
Asian People's Union against Fundamentalism and
Communalism yesterday condemned the filing of
sedition case against country's eminent lawyers,
a press release said.
Terming it utterly derogatory, leaders of the two
platforms denounced the case against two hundred
lawyers including Dr Kamal Hossain, Supreme Court
Bar Association (SCBA) President Barrister Amir
Ul Islam and former SCBA president Barrister
Rokanuddin Mahmud and Barrister Tania Amir for
vandalism at the Supreme Court on November 30.
One court keeper filed the case.
"With a view to establishing the rule of law and
uphold the esteem of the constitution, the way Dr
Kamal Hossain and Barrister Amir Ul Islam came
forward at the hour of crisis, the nation should
remain grateful to them," read the statement.
It said the intervention of the honourable Chief
Justice in the proceedings of the case, in fact,
raises doubts about his impartiality and honesty.
The signatories to the statement include,
Professor Kabir Chowdhury, the liberation warrior
Binod Bihari Chowdhury, Justice KM Sobhan,
Advocate Gaziul Haque, singer Kolim Sharafi,
women leader Hena Das, Maj Gen (Retd) CR Dutta
and Prof Borhanuddin Khan Jahangir.
______
[2]
UTHR Bulletin No.42
a note on current developments
Disillusionment with the State and the Perils of Unity in Grievance
1. Anniversaries as Reminders of Bankruptcy
Prabhakaran's predictable and self-indulgent 52nd
birthday oration on 27th November, sentenced the
Tamil people to more misery.
[ . . . ]
Mahinda Rajapakse completed a year as president
of Sri Lanka on 17th November. His decision to
rely on Sinhalese nationalists and military
hardliners to capture the presidency had him
bogged down in a quagmire, compelling him to
procrastinate over political initiatives to
expose Prabhakaran's bluff. Giving these elements
inroads to manipulate the security forces has
already had a major impact and caused irreparable
harm. The Government is answerable for the
killings of a number of Tamil spokesmen and 3 MPs
during the last year, in all of which available
indications point to the involvement of state
security services. Instead of tackling the
problem at the outset a year ago, the President
allowed it to fester. This was a marked failure
of leadership. He has thus doomed himself to
repeat history, making strong rhetorical
statements on defending the motherland and
reenacting old discredited security measures
which invariably lead to the abuse of civilians
by a state that has long resisted reform.
[ . . . ]
Even while the people are crushed between the
Government side and the LTTE, their potential to
articulate defiance and to determine their own
future should not be lost sight of. One such
effort was the demonstration by hundreds of
civilians in Batticaloa on 21st November
demanding that the Government send food to
Vaharai and also that the LTTE allow civilians to
leave and not keep families divided. The Army
wants to move into that area. It is the TRO that
receives the food sent and a sizeable portion
goes to the LTTE. Civilian welfare should not be
hostage to military operations.
FULL TEXT AT: http://www.uthr.org/bulletins/bul42.htm
_____
[3]
sacw.net - 15 December 2006
http://www.sacw.net/free/Re-ImaginingPakistan.pdf
RE-IMAGINING PAKISTAN
Mr. Jinnah's Pakistan Isn't Working. What Can?
by Pervez Hoodbhoy
[Commencement lecture by Pervez Hoodbhoy at the
Indus Valley School of Art and Architecture,
Karachi, 9 December 2006.]
It is indeed a pleasure to see the Indus Valley
School of Art and Architecture emerge as a
thriving educational institution. I remember my
first visit here around 1994 when it had
barely come into existence. The Nusserwanjee
Building in Kharadar had just been pulled
apart and transported brick-by-brick to this
site. Over the years it was patiently put
together again, and this innovative experiment
has now born fruit. To those who will
graduate today from the School, I extend my
congratulations. You are ready to set sail
into the big, wide world as artists, designers
and architects. Many of you will doubtless
become rich and famous, and I hope all of you do.
But, as a general fact, the success of
individuals does not always lead to the
betterment of
the larger milieu in which they live and breathe.
Improving the state of society is a far
more difficult and complex matter, and it
involves much more than just increasing the
consumption of material goods and services.
Societies change when people change their
ways of thinking. It is on this that we shall reflect upon today.
To help us along, let's imagine a film like
"Jinnah". You die and fly off to the arrival gate
in heaven where an angel of the immigration department screens newcomers from
Pakistan. Admission these days is even tougher
than getting a Green Card to America.
You have to show proofs of good deeds, argue your
case, and fill out an admission form.
One section of the form asks you to specify three
attitudinal traits that you want fellow
Pakistanis, presently on earth, to have. As part
of divine fairness, all previous entries are
electronically stored and publicly available and
so you learn that Mr. Jinnah, as the first
Pakistani, had answered - as you might guess -
"Faith, Unity, Discipline". This slogan
was in all the books you had studied in school,
and was emblazoned even on monuments
and hillsides across the country. Since copying
won't get you anywhere in heaven, you
obviously cannot repeat this.
What would your three choices be? As you consider
your answer, I'll tell you mine.
First, I wish for minds that can deal with the
complex nature of truth. Without
minds engaged on this issue there cannot be a
capacity for good judgment. And, without
good judgment a nation will blunder from one
mistake on to the next. Now, truth is a
fundamental but very subtle concept. The problem
is that things are usually not totally
true or totally false. Still, some things are
very true and others are very false. For example
it is very true that I will be killed if I stand
on the tracks in front of a speeding train. And
it is very false that the earth rests on the
horns of a bull. But these are quite easily
established; separating true and false is often extremely difficult.
Take art, architecture, music, poetry, or
sculpture. They are so absolutely necessary that
we cannot conceive of a satisfying or civilized
existence without them. But there is no
true or false in any of them, just shades of
gray. Harold Pinter, the British dramatist who
won the Nobel Prize for Literature in 2005,
emphasizes this in his acceptance speech:
The real truth is that there never is any such thing as one truth to be found
in dramatic art. There are many. These truths challenge each other, recoil
from each other, reflect each other, ignore each other, tease each other,
are blind to each other. Sometimes you feel you have the truth of a
moment in your hand, then it slips through your fingers and is lost.
Pinter says it so well. Who wants to read a book
or see a drama about absolute heroes and
total villains? Or perfect beauty and total
ugliness? These extremities do not engage our
mind or sensitivities.
Truth in art is a subtle matter, and I am not a
philosopher. At one level it appears to me
that truth in art is really about preferences. Is
it a truth that Ghalib was a better poet than
Mir? Or that Mehdi Hasan is the greatest ghazal
singer on the subcontinent? Is the
renaissance neoclassical art of Raphael and
others more true to life than the modern art
forms that superseded it? Or that modern
machine-driven architectural geometries are
superior to buildings designed with columns, arches, and gargoyles of classical
architecture? Surely, these are matters of taste.
At another level there is a question of honesty
and truth that relates squarely to your
profession: should someone, as a commercial
artist, design a great advertisement for a
bad product? Of course, some people will hold
very strong opinions on these issues
because, perhaps as a consequence of their
education and socialization, they have
accepted a certain point of view and acquired
certain tastes. Fortunately, most will accept
- even if grudgingly - that truth in art is
unknowable. There are no hard distinctions
between what is real and what is unreal, or
between what is true and what is false. In
effect, a thing can be both true and false. And
here I will go happily along with post-
modernists even though on other matters there is
much that I disagree with them about.
But what about truth in matters of religion?
Religion occupies a far larger domain of our
national existence than art, literature, and the
rest. Here there are still stronger opinions
and people shy away from discussions on this
everywhere. This is because there is
usually a total conviction of where the truth
lies. Every religion is convinced of its
correctness and of the incorrectness of others.
My deeply religious Catholic friend at MIT
- with whom I shared a room during my freshman
year - would kneel by his bed every
night to pray for my salvation because he felt
that, as a Muslim, I was destined to hell.
His truth was different from mine, but he was
such a sweet person, and so genuinely
disturbed by what he saw as my ultimate fate,
that I simply did not have the heart to tell
him that his prayers were quite unnecessary.
We could, of course, avoid talking about religion
and I could stop just here. But it is a
fact that religion determines what large numbers
of Pakistanis live for, and what they will
die for, and - all too often - what they will
kill for. So we cannot afford to avoid the
subject when the stakes are as high as they are
today. The choice is between conversation
and violence.
So let us be bold and examine religion at its three different levels.
At one level religion is inspirational and
emotional. Marmaduke Pickthal, who first
translated the Holy Qur'an into English, wrote
that the melody of its verses could move
men to tears. Abdus Salam, transfixed by the
symmetry of Lahore's Badshahi Mosque,
said that it inspired him to think of the famous
SU(2)xU(1) symmetry that revolutionised
the world of particle physics.
At a second level lies the metaphysics of
religion. This relates to the particular beliefs
of
a religion, including such issues as monotheism
and polytheism, death and reincarnation,
heaven and hell, prophets and holy men,
sacrifices and rituals, etc. At both these levels,
the absoluteness of a particular truth is obvious
to the believer, but not necessarily to
those outside the faith. Nevertheless, he or she
is happy to achieve a sense of purpose in
an otherwise purposeless universe. Of course, the
particular beliefs held to be true - as in
art and aesthetics - depend upon the individual's
family background, education, and
socialization into the wider community.
There is a third level: religions are
prescriptive. You must do this, but not do that.
Some
prescriptions are very sensible. But several are
understood very differently by different
groups belonging to the same overall faith. Some
differences are relatively harmless, such
as exactly when you may break your fast, when to
celebrate Eid, and whether your hands
are to be folded or held down while praying. But
other differences are deeply divisive and
the source of bitter conflict: How much of her
face must a Muslim woman cover? None,
all, or half-way in between? If a man declares
three times to his wife "I divorce you"
adequate grounds from an Islamic point of view
for a divorce? Or, to take another
example, against whom and in what manner is the
Quranic injunction for jihad to be
followed? This question has pitted Muslim against
Muslim in bitter disputation. Is it okay
to set off a car bomb in Baghdad and, if so, in which neighborhood? Are suicide
bombings un-Islamic? Was the 911 attack on
America a crime by standards of Islamic
morality? Is Osama bin Laden a good Muslim, or perhaps not one at all?
There are religious authorities on both sides of
these divides. I do not wish to take sides
on these issues here, but the very fact that
there is serious disagreement even among
believers of the same faith - not to speak of
faiths hostile to each other - means that there
cannot be only one single truth in religion. At
best there is a plurality of truths, as in the
case of art and literature. Some truths are more
true, or less true, than others.
And what about science? Are its truths absolute?
At the risk of appearing evasive, and of
having to disappoint some friends, I have to tell
you that my answer is both yes and no.
The good news is that, at the level of
epistemology, truth in science is ultimately
knowable. Post-modernists are up the creek if
they think that all scientific knowledge is
relative. A scientific fact has to pass rigorous
tests before it is accepted. This means that
different scientists in different laboratories at
different times must be able to observe the
same phenomenon. The nationality, sex, religion,
or ethnic affiliation of the scientist is
irrelevant. This is why scientists form an
international community. Precisely because
their differences can be resolved on the basis of experiment, observation, and
mathematical argumentation, they don't kill each
other or condemn other scientists as
heretics worthy of execution. I have yet to hear
of a scientist equivalent of Salman
Rushdie.
But there are questions that science will never
be able to address. Nor is science a
monolithic body of doctrine. The great scientist
and visionary, Freeman Dyson, reminds
us that:
Science is a culture, constantly growing and changing. The science of
today has broken out of the molds of classical nineteenth century science,
just as the paintings of Pablo Picasso and Jackson Pollock broke out of
the molds of nineteenth century art. Science has as many competing styles
as painting or poetry.
Well, the objectivity of scientific knowledge was
the good news. The bad news is that the
world's scientists are also responsible for some
of the greatest crimes against humanity.
They make nuclear bombs, germ weapons, polluting
factories, and serve the narrow
interests of their national, religious, or ethnic
groups. As individuals they are no more
enlightened than anybody else. Some brilliant
scientists that I have known are mere
morons when it comes to matters of society or of
human relations. So, scientists will not
save the world - or even Pakistan.
Who will? Only those capable of nuanced,
balanced, critical thought can - and they don't
have to be scientists. We can put our hopes only
on those who realize the provisional
nature of truth, and who do not claim a monopoly
on wisdom. The dogmatist, who thinks
he has a divinely provided blueprint to reform
society, will only get us into deeper trouble.
So this is why my first wish was for Pakistanis who can think.
This is not a hopeless wish. Students here should
think back into what they were like
before they came to this School, and how they
changed because their teachers encouraged
them to ask questions. You learned that good
questions lead to good answers that, in turn,
generate more questions and ideas. Those ideas
helped you move forward. So, be critical,
be thoughtful, and don't be satisfied until you are thoroughly convinced.
But I must move on because I still have two more wishes to make.
My second wish is for many more Pakistanis who
accept diversity as a virtue. So I
am not asking for unity, but acceptance of our
differences. Let's face it, we're all
different. The four provinces of Pakistan have
different histories, class and societal
structures, climates, and natural resources.
Within the provinces there live Sunnis, Shias,
Bohris, Ismailis, Ahmadis, Zikris, Hindus,
Christians, and Parsis. Then there are tribal
and caste divisions which are far too numerous to
mention. Add to this all the different
languages and customs as well as different modes
of worship, rituals, and holy figures.
Given this enormous diversity, liberals - who are
rather good people in general - often
talk of the need for tolerance. But I don't like
this at all. Tolerance merely says that you
are nice enough to put up with a bad thing.
Instead, let us accept and even celebrate the
differences!
Nations are built when diversity is accepted,
just as communities are built when
individuals can be themselves and yet work for
and with each other. If we want unity in
the face of diversity, then the majority must
stop trying to force itself upon the minorities.
Most crucially, the state must stop acting on
behalf of the majority. It is imperative that
all Pakistanis be declared equal citizens in
every way. The Constitution of Pakistan does
not accept this. It must be changed to reflect this.
For sixty years we have feared diversity and
insisted on unity. But Pakistan paid a very
heavy price because our leaders could not
understand that a heterogeneous population can
live together only if differences are respected.
The imposition of Urdu upon Bengal in
1948 was a tragic mistake, and the first of a
sequence of missteps that led up to 1971. We
have not learned the lesson even now, and the
public anger today in Balochistan and Sind
against Punjab stands as unfortunate proof.
After the 80-year old Nawab Akbar Bugti
was murdered by the Pakistan military, no Punjabi
- even if he strongly disagrees with
the actions of the military - feels safe in
Balochistan. To my mind this is a terrible thing
and undermines the very concept of Pakistanis being one nation.
Accepting diversity is something that we all
learn, to a greater or lesser extent. I ask
students to look at their classmates who come
from different backgrounds. Here, as
elsewhere you have different economic, ethnic,
and religious backgrounds. But probably
most of you have learned to work together. You
acquired a set of values that allows you
to work together, appreciate merit and honesty,
and see the individual for his or her merit.
Surely education is really about acquiring these
values - not just learning technical skills.
And now for my final wish.
My third, and last, wish is that Pakistanis learn
to value and nurture creativity.
Creativity is a difficult concept to define but
roughly I mean originality, unusualness, or
ingenuity in something. If nurtured from an early
age in children, it leads to great writers,
poets, musicians, engineers, scientists, and
builders of modern industries and institutions.
No one can dispute that creativity is a good
thing. But how come Pakistanis - with some
important exceptions - have done so poorly on the
world stage? Why are there only a
dozen or two internationally known Pakistani
inventors, scientists, writers, etc for a
nation of 165 million people?
The poor performance comes because our society is
not willing to pay the price for
having creativity. Individuals are creative only
when they are not subject to oppressive
social control, when the intellectual space in
which they can function is large enough, and
when they have a sufficient degree of personal
autonomy. It is therefore axiomatic that
creativity runs counter to tradition and
coercion. Authoritarian societies don't want the
lid
to be taken off because who knows what can happen after that?
There cannot be creativity in a society where
students learn like parrots, where the
teacher is an unchallengeable authoritarian
figure "jo aap kay baap ki tara hai". Except at
a few leading universities, the written word -
even if it is in a physics textbook - is
slavishly followed. The students in our public
universities are just overgrown children,
including the ones who are in their mid- or late
twenties. In fact they prefer to be called
girls and boys, not women and men. For recreation
they do not read books but walk
aimlessly in bazaars and waste time in pointless
chatter. Most have never read a single
classical novel, either in Urdu or English. In my department - the best physics
department in the country - their only
contribution to what you see around is the huge
birthday or "mangni" greeting cards displayed on
bulletin boards. Teachers insult them,
throw them out of class, and encourage deference and servility.
Wrongly, the cornerstone of our education is
itaat (obedience), which is the very
negation of creativity. It is to challenge itaat that Faiz Ahmad Faiz wrote:
ab sadeeon kay iqrar-e-itaat ko badalnay
lazim hai keh inkar ka firman koi utarey
I am done with my three wishes. May that inkar ka
firman come sooner rather than later.
At this point I don't know whether I will get
past the Pearly Gates or not. The first
Pakistani to get through was, we are told, the
originator of the call for Faith, Unity,
Discipline. What I've put down on my form is
quite the opposite, as you will have surely
noted. But Pakistan is no longer what it was in
1947. Different situations in different
historical epochs call for different solutions.
So I'm still hopeful about my application for
admission.
Now, of course, there must be many applications
pending in heaven and it will be a while
before I know how mine went. But meanwhile, there
are lots of urgent things that you
and I must seriously work upon.
First, we need to bring economic justice to
Pakistan. This requires that it possess the
working machinery of a welfare state. Economic
justice is not the same as flinging coins
at beggars. Rather, it requires organizational
infrastructure that, at the very least, provides
employment but also rewards according to ability
and hard work. Incomes should be
neither exorbitantly high nor miserably low. To
be sure, "high" and "low" are not easily
quantifiable, but an inner moral sense informs us
that something is desperately wrong
when rich Pakistanis fly off to vacation in Dubai
while a mother commits suicide because
she cannot feed her children.
Second, we must fight to give Pakistan's women
the freedom which is their birthright. In
much of rural Pakistan a woman is likely to be
spat upon, beaten, or killed for being
friendly to a man or even showing to him her
face. Newspaper readers expect - and get -
a steady daily diet of stories about women raped,
mutilated, or strangled to death by their
fathers, husbands, and brothers. Energetic
proselytizers like Farhat Hashmi have made
deep inroads even into the urban middle and upper
classes. Their emphasis is on covering
women's faces, putting women back into the home
and kitchen, and destroying ideas of
women's equality with men. The culture of
suppressing women and excluding them from
public life is spreading like wildfire. As our
collective piety increases, the horrific daily
crimes against women become still less worthy of comment or discussion.
Third, and last, we have to wake people up and
get them politically engaged again.
Young people have tuned into mindless FM
entertainment and tuned out of participation
in social causes. University campuses are empty of discussion and debate, and
movements against manifest social and political
injustice bring forth only handfuls of
committed individuals. Millions demonstrated in the streets of London, Rome,
Washington, and New York against the criminal American invasion of Iraq. But in
Pakistan - where the anger was still deeper - the
response was invisible. We have
become cynical and think that nothing can be
done. Today the military rules an apathetic
nation.
This apathy must go, and can go. Last year's
earthquake galvanized people across the
country. It broke the myth that we have stopped
caring for each other. I have never seen
Pakistanis give so whole-heartedly of their
money, time, effort, and energy. Ordinary
people, students, shop-keepers,
businessmen...just about everybody pitched into
the huge
relief effort.
So we can change for the better. We can be like
other nations on this planet. We can
make responsible choices for who should govern
us. We can bring justice to our people.
We can be a decent civilized, peaceful,
well-informed, educated people. It's only a
question of trying and getting our act together.
That is the task before all of us, young and
old.
_____
[4]
(Hindustan Times
December 14, 2006)
GRAVE MISTAKES
Platform | Teesta Setalvad
December 13, 2006
The challenges thrown up for India, post-Godhra
of 2002, are fundamental. Are the politically
powerful, even if they be organisers of mass
murder and rape, immune from the law?
Acknowledgement of the crime is the rudimentary
foundation that begins the process of healing for
the victim. That and more has been repeatedly and
crassly denied the victims. Official figures and
police records reveal that of the 413 persons who
were classified as 'missing' (bodies untraceable)
after the carnage, the remains of 228 were 'not
traced'. From accounts made on oath by victim
survivors of the mass massacres - who have filed
missing person complaints before the local police
in Anand, Mehsana, Ahmedabad and Panchmahals in
2002 and 2003 - there are alleged to be more
illegal dumps/graves of their lost relatives.
Panchmahals was one of the six districts targeted
by militia between February 28 and March 3, 2002.
Between March 2002 and December 2005, victim
survivors of the mass massacre at Pandharwada
made oral and written applications to the DIG,
Vadodara, Collector, Panchmahals, Dy SP, Godhra,
Dy Collector, Lunawada, Mamlatdar and Khanpur,
urging that the remains of their lost ones be
traced and returned. It was only when there was
cold silence in response that they went digging
for the remains themselves. They sought the media
as an ally.
These relatives discovered bodies of lost ones
dumped in forest wasteland off the Paanam river
outside Lunawada town on December 27 and 28,
2005. They approached the Gujarat High Court and,
for the first time in three and a half years, got
some succour. The Gujarat High Court ordered the
human remains to be sent for DNA analysis and
testing to an independent laboratory in Hyderabad
under strict supervision of the Central Bureau of
Investigation (CBI). This order of Justice C.K.
Buch had observed that if, after analysis, even a
single body was found unidentified, a fresh case
existed and scope for a de novo qua investigation
was made out.
In May 2005, the CBI submitted the analysis to
the Gujarat High Court. Victims were denied a
copy of this report despite repeated pleas, while
the Gujarat state accessed a copy. On December 6,
2006, the state appeared to be in an unholy hurry
to get the matter disposed of. The victim
survivors who had approached the court in the
first place weren't given the report and hence,
no chance to reply. Despite this, the report did
become public and about nine body remains
appeared to match with the samples of relatives
of the Pandharwada massacre. Eleven remain
unidentified. The matter was taken up for final
hearing just two days later.
There was scope for fresh investigation by the
CBI, given the findings of the Hyderabad
laboratory. It was predictable that the Gujarat
government was adamant in opposing the court's
finding in December 2005. But the counsel for the
CBI remained unmoved by the pleas of the victim
survivors on December 8, 2006. In effect, the CBI
indirectly supported the stand of the Gujarat
government - a fact that has been recorded by the
judge in his oral order.
The advocate for the victim survivors argued
vehemently and at length (it is a tribute to
secularism that our finest legal minds have given
pro bono services to victims of the Gujarat
genocide) that the entire matter of illegally
dumping these bodies needed to be investigated
afresh by the CBI. The victim survivors and
co-petitioners had, in the one year since the
unfurling of this tragedy, filed 600 pages of
affidavits to substantiate their claims.
Laboriously, they had pointed out that the son of
the petitioner, Ameenabehn Rasool, was found with
his skeletal remains, bearing the tattered bits
of the same cloth in which he had been killed.
This indicated that post-mortem and other
procedures had not been followed by the police.
The state's bias was evident again when it was
pointed out that while the identified remains of
Godhra arson survivors were kept in the public
morgue for five months, these victims were
unceremoniously dumped in wastelands off the
Paanam river within three days, despite the fact
that a 300-acre graveyard belonging to different
sects of the minority community existed within
Lunawada town, barely a few kilometres away.
If the state, burdened with the unidentified and
gory remains of murdered victims, had applied
just principles of disposal, they would have
handed over the bodies - unidentified - to local
clergy to perform the last rites in 2002 itself.
Not only was this not done but victim survivors
and human rights defenders who have assisted the
legal struggle since December 2005, have been
hounded by the local police with a false FIR
being made out against them. They have all had to
seek anticipatory bail.
Today, the struggle against lived fascism in
Gujarat has been reduced to a rigorously fought
legal battle for constitutional governance by
victim survivors and civil society. The dominant
political class that uses secularism to win
elections has not merely kept a distance. When it
comes to punishment to the guilty of 2002, the
government has lost much of its 2004 pre-election
bite. Is it uncomfortable with the justice being
done today? Or is this because it has bloodied
its own hands in the past? And, therefore, wishes
that the unchallenged state of impunity to
perpetrators of mass crimes continues unaddressed
into a bleak future?
_____
[5]
http://snipurl.com/14yue
[Excerpts]
'THE INTRODUCTION' [TO] '13 DECEMBER: A READER,
THE STRANGE CASE OF THE ATTACK ON THE INDIAN
PARLIAMENT' (released by Penguin India books on
december 13, 2006)
by Arundhati Roy
This Reader* goes to press almost five years to
the day since December 13, 2001, when five men
(some say six) drove through the gates of the
Indian Parliament in a white Ambassador car and
attempted what looked like an astonishingly
incompetent terrorist strike. Consummate
competence appeared to be the hallmark of
everything that followed: the gathering of
evidence, the speed of the investigation by the
Special Cell of the Delhi Police, the arrest and
chargesheeting of the accused, and the
40-month-long judicial process that began with
the fast-track trial court.
[ . . . ]
Most people, or let's say many people, when they
encounter real facts and a logical argument, do
begin to ask the right questions. This is exactly
what has begun to happen on the Parliament attack
case. The questions have created public pressure.
The pressure has created fissures, and through
these fissures those who have come under the
scanner-shadowy individuals, counter-intelligence
and security agencies, political parties-are
beginning to surface. They wave flags, hurl
abuse, issue hot denials and cover their tracks
with more and more untruths.
Thus they reveal themselves.
Public unease continues to grow. A group of
citizens have come together as a committee
(chaired by Nirmala Deshpande) to publicly demand
a parliamentary inquiry into the episode. There
is an online petition demanding the same thing.
Thousands of people have signed on. Every day new
articles appear in the papers, on the net. At
least half-a-dozen websites are following the
developments closely. They raise questions about
how Mohammed Afzal, who never had proper legal
representation, can be sentenced to death,
without having had an opportunity to be heard,
without a fair trial. They raise questions about
fabricated evidence, procedural flaws and the
outright lies that were presented in court and
published in newspapers. They show how there is
hardly a single piece of evidence that stands up
to scrutiny.
And then, there are even more disturbing
questions that have been raised, which range
beyond the fate of Mohammed Afzal.
Here are 13 questions for December 13:
Question 1: For months before the attack on
Parliament, both the government and the police
had been saying that Parliament could be
attacked. On December 12, 2001, at an informal
meeting, prime minister Atal Behari Vajpayee
warned of an imminent attack on Parliament. On
December 13, Parliament was attacked. Given that
there was an 'improved security drill', how did a
car bomb packed with explosives enter the
Parliament complex?
Question 2: Within days of the attack, the
Special Cell of Delhi Police said it was a
meticulously planned joint operation of
Jaish-e-Mohammed and Lashkar-e-Toiba. They said
the attack was led by a man called 'Mohammad' who
was also involved in the hijacking of IC-814 in
1999. (This was later refuted by the CBI.) None
of this was ever proved in court. What evidence
did the Special Cell have for its claim?
Question 3: The entire attack was recorded live
on close circuit TV (CCTV). Congress party MP
Kapil Sibal demanded in Parliament that the CCTV
recording be shown to the members. He was
supported by the deputy chairperson of the Rajya
Sabha, Najma Heptullah, who said that there was
confusion about the details of the event. The
chief whip of the Congress party, Priyaranjan Das
Munshi, said, "I counted six men getting out of
the car. But only five were killed. The close
circuit TV camera recording clearly showed the
six men." If Das Munshi was right, why did the
police say that there were only five people in
the car? Who was the sixth person? Where is he
now? Why was the CCTV recording not produced by
the prosecution as evidence in the trial? Why was
it not released for public viewing?
Question 4: Why was Parliament adjourned after
some of these questions were raised?
Question 5: A few days after December 13, the
government declared that it had 'incontrovertible
evidence' of Pakistan's involvement in the
attack, and announced a massive mobilisation of
almost half-a-million soldiers to the
Indo-Pakistan border. The subcontinent was pushed
to the brink of nuclear war.
Apart from Afzal's 'confession', extracted under
torture (and later set aside by the Supreme
Court), what was the 'incontrovertible evidence'?
Question 6: Is it true that the military
mobilisation to the Pakistan border had begun
long before the December 13 attack?
Question 7: How much did this military standoff,
which lasted for nearly a year, cost? How many
soldiers died in the process? How many soldiers
and civilians died because of mishandled
landmines, and how many peasants lost their homes
and land because trucks and tanks were rolling
through their villages, and landmines were being
planted in their fields?
Question 8: In a criminal investigation, it is
vital for the police to show how the evidence
gathered at the scene of the attack led them to
the accused.
How did the police reach Mohammed Afzal?
The Special Cell says S.A.R. Geelani led them to
Afzal. But the message to look out for Afzal was
actually flashed to the Srinagar police before
Geelani was arrested. So how did the Special Cell
connect Afzal to the December 13 attack?
Question 9: The courts acknowledge
that Afzal was a surrendered militant who was in
regular contact with the security forces,
particularly the Special Task Force (STF) of the
Jammu & Kashmir Police. How do the security
forces explain the fact that a person under their
surveillance was able to conspire in a major
militant operation?
Question 10: Is it plausible that organisations
like Lashkar-e-Toiba or Jaish-e-Mohammed would
rely on a person who had been in and out of STF
torture chambers, and was under constant police
surveillance, as the principal link for a major
operation?
Question 11: In his statement before the court,
Afzal says that he was introduced to 'Mohammad'
and instructed to take him to Delhi by a man
called Tariq, who was working with the STF. Tariq
was named in the police chargesheet. Who is Tariq
and where is he now?
Question 12: On December 19, 2001, six days after
the Parliament attack, Police Commissioner, Thane
(Maharashtra), S.M. Shangari, identified one of
the attackers killed in the Parliament attack as
Mohammed Yasin Fateh Mohammed (alias Abu Hamza)
of the Lashkar-e-Toiba, who had been arrested in
Mumbai in November 2000, and immediately handed
over to the J&K Police. He gave detailed
descriptions to support his statement. If Police
Commissioner Shangari was right, how did Mohammed
Yasin, a man in the custody of the J&K Police,
end up participating in the Parliament attack? If
he was wrong, where is Mohammed Yasin now?
Question 13: Why is it that we still don't know
who the five dead 'terrorists' killed in the
Parliament attack are?
These questions, examined cumulatively, point to
something far more serious than incompetence. The
words that come to mind are Complicity,
Collusion, Involvement. There's no need for us to
feign shock, or shrink from thinking these
thoughts and saying them out loud. Governments
and their intelligence agencies have a hoary
tradition of using strategies like this to
further their own ends. (Look up the burning of
the Reichstag and the rise of Nazi power in
Germany, 1933; or 'Operation Gladio' in which
European intelligence agencies 'created' acts of
terrorism, especially in Italy, in order to
discredit militant groups like the Red Brigade.)
The official response to all of these questions
has been dead silence. As things stand, the
execution of Afzal has been postponed while the
President considers his clemency petition.
Meanwhile, the Bharatiya Janata Party announced
that it would turn 'Hang Afzal' into a national
campaign. The campaign was fuelled by the usual
stale cocktail of religious chauvinism,
nationalism and strategic falsehoods.
But it doesn't seem to have taken off. Now other
avenues are being explored. M.S. Bitta of the All
India Anti-Terrorist Front is parading around the
families of some of the security personnel who
were killed during the attack. They have
threatened to return the government's posthumous
bravery medals if Afzal is not hanged by December
13. (On balance, it might not be a bad idea for
them to turn those medals in until they really
know who the attackers were working for.)
The main strategy seems to be to create confusion
and polarise the debate on communal lines. The
editor of The Pioneer newspaper writes in his
columns that Mohammed Afzal was actually one of
the men who attacked Parliament, that he was the
first to open fire and kill at least three
security guards. The columnist Swapan Dasgupta,
in an article called 'You Can't Be Good to Evil',
suggests that if Afzal is not hanged there would
be no point in celebrating Dussehra or Durga
Puja. It's hard to believe that falsehoods like
this stem only from a poor grasp of facts.
In the business of spreading confusion, the mass
media, particularly television journalists, can
be counted on to be perfect collaborators. On
discussions, chat shows and 'special reports', we
have television anchors playing around with
crucial facts, like young children in a sandpit.
Torturers, estranged brothers, senior police
officers and politicians are emerging from the
woodwork and talking. The more they talk, the
more interesting it all becomes.
At the end of November 2006, Afzal's older
brother Aijaz made it on to a national news
channel (CNN-IBN). He was featured on hidden
camera, on what was meant to be a 'sting'
operation, making-we were asked to
believe-stunning revelations. Aijaz's story had
already been on offer to various journalists on
the streets of Delhi for weeks. People were wary
of him because his rift with his brother's wife
and family is well known. More significantly, in
Kashmir he is known to have a relationship with
the STF. More than one person has suggested an
audit of his newfound assets.
But here he was now, on the national news,
endorsing the Supreme Court decision to hang his
brother. Then, saying Afzal had never
surrendered, and that it was he (Aijaz) who
surrendered his brother's weapon to the BSF! And
since he had never surrendered, Aijaz was able to
'confirm' that Afzal was an active militant with
the Jaish-e-Mohammed, and that Ghazi Baba, chief
of operations of the Jaish, used to regularly
hold meetings in their home. (Aijaz claims that
when Ghazi Baba was killed, it was he who the
police called in to identify the body). On the
whole, it sounded as though there had been a case
of mistaken identity-and that given how much he
knew, and all he was admitting, Aijaz should have
been the one in custody instead of Afzal!
Of course we must keep in mind that behind both
Aijaz and Afzal's 'media confessions', spaced
five years apart, is the invisible hand of the
STF, the dreaded counter-insurgency outfit in
Kashmir. They can make anyone say anything at any
time. Their methods (both punitive and
remunerative) are familiar to every man, woman
and child in the Kashmir Valley. At a time like
this, for a responsible news channel to announce
that their "investigation finds that Afzal was a
Jaish militant", based on totally unreliable
testimony, is dangerous and irresponsible. (Since
when did what our brothers say about us become
admissible evidence? My brother, for instance,
will testify that I'm God's Gift to the Universe.
I could dredge up a couple of aunts who'd say I'm
a Jaish militant. For a price.) How can family
feuds be dressed up as Breaking News?
The other character who is rapidly emerging from
the shadowy periphery and wading on to
centrestage is Dy Superintendent of Police
Dravinder Singh of the STF.
He is the man who Afzal has named as the police
officer who held him in illegal detention and
tortured him in the STF camp at Humhama in
Srinagar, only a few months before the Parliament
attack. In a letter to his lawyer, Sushil Kumar,
Afzal says that several of the calls made to him
and Mohammed Yasin (the man killed in the attack)
can be traced to Dravinder. Of course, no attempt
was made to trace these calls.
Dravinder Singh was also showcased on the CNN-IBN
show, on the by-now ubiquitous low-angle shots,
camera shake and all. It seemed a bit
unnecessary, because Dravinder Singh has been
talking a lot these days. He has done recorded
interviews, on the phone as well as face-to-face,
saying exactly the same shocking things. Weeks
before the sting operation, in a recorded
interview to Parvaiz Bukhari, a freelance
journalist, he said "I did interrogate and
torture him (Afzal) at my camp for several days.
And we never recorded his arrest in the books
anywhere. His description of torture at my camp
is true. That was the procedure those days and we
did pour petrol in his ass and gave him electric
shocks. But I could not break him. He did not
reveal anything to me despite our hardest
possible interrogation. We tortured him enough
for Ghazi Baba but he did not break. He looked
like a 'bhondu' those days, what you call a
'chootiya' type. And I had a reputation for
torture, interrogation and breaking suspects. If
anybody came out of my interrogation clean,
nobody would ever touch him again. He would be
considered clean for good by the whole
department."
This is not an empty boast. Dravinder Singh has a
formidable reputation for torture in the Kashmir
Valley. On TV his boasting spiralled into
policymaking. "Torture is the only deterrent for
terrorism," he said, "I do it for the nation." He
didn't bother to explain why or how the 'bhondu'
that he tortured and subsequently released
allegedly went on to become the diabolical
mastermind of the Parliament attack. Dravinder
Singh then said that Afzal was a Jaish militant.
If this is true, why wasn't the evidence placed
before the courts? And why on earth was Afzal
released? Why wasn't he watched? There is a
definite attempt to try and dismiss this as
incompetence. But given everything we know now,
it would take all of Dravinder Singh's delicate
professional skills to make some of us believe
that.
Meanwhile right-wing commentators have
consistently taken to referring to Afzal as a
Jaish-e-Mohammed militant. It's as though
instructions have been issued that this is to be
the Party Line. They have absolutely no evidence
to back their claim, but they know that repeating
something often enough makes it the 'truth'. As
part of the campaign to portray Afzal as an
'active' militant, and not a surrendered
militant, S.M. Sahai, Inspector General, Kashmir,
J&K Police, appeared on TV to say that he had
found no evidence in his records that Afzal had
surrendered. It would have been odd if he had,
because in 1993 Afzal surrendered not to the J&K
Police, but to the BSF. But why would a TV
journalist bother with that kind of detail? And
why does a senior police officer need to become
part of this game of smoke and mirrors?
The official version of the story of the
Parliament attack is very quickly coming apart at
the seams.
Even the Supreme Court judgement, with all its
flaws of logic and leaps of faith, does not
accuse Mohammed Afzal of being the mastermind of
the attack. So who was the mastermind? If
Mohammed Afzal is hanged, we may never know. But
L.K. Advani, Leader of the Opposition, wants him
hanged at once. Even a day's delay, he says, is
against the national interest. Why? What's the
hurry? The man is locked up in a high-security
cell on death row.
He's not allowed out of his cell for even five
minutes a day. What harm can he do? Talk? Write,
perhaps? Surely, (even in L.K. Advani's own
narrow interpretation of the term) it's in the
national interest not to hang Afzal? At least not
until there is an inquiry that reveals what the
real story is, and who actually attacked
Parliament?
Among the people who have appealed against
Mohammed Afzal's death sentence are those who are
opposed to capital punishment in principle. They
have asked that his death sentence be commuted to
a life sentence. To sentence a man who has not
had a fair trial, and has not had the opportunity
to be heard, to a life sentence, is less cruel,
but just as arbitrary as sentencing him to death.
The right thing to do would be to order a
re-trial of Afzal's case, and an impartial,
transparent inquiry into the December 13
Parliament attack. It is utterly demonic to leave
a man locked up alone in a prison cell, day after
day, week after week, leaving him and his family
to guess which day will be the last day of his
life.
A genuine inquiry would have to mean far more
than just a political witch-hunt. It would have
to look into the part played by intelligence,
counter-insurgency and security agencies as well.
Offences such as the fabrication of evidence and
the blatant violation of procedural norms have
already been established in the courts, but they
look very much like just the tip of the iceberg.
We now have a police officer admitting (boasting)
on record that he was involved in the illegal
detention and torture of a fellow citizen. Is all
of this acceptable to the people, the government
and the courts of this country?
Given the track record of Indian governments
(past and present, right, left and centre) it is
naive--perhaps utopian is a better word--to hope
that it will ever have the courage to institute
an inquiry that will, once and for all, uncover
the real story. A maintenance dose of cowardice
and pusillanimity is probably encrypted in all
governments. But hope has little to do with
reason.
Therefore, this book, offered in hope.
_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/
Buzz on the perils of fundamentalist politics, on
matters of peace and democratisation in South
Asia. SACW is an independent & non-profit
citizens wire service run since 1998 by South
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