AN OPEN LETTER TO THE PRIME MINISTER OF INDIA

www.sacw.net | December 6, 2004

AN OPEN LETTER TO THE PRIME MINISTER OF INDIA

To The Hon'ble Prime Minister of India,
9, Race Course Road,
New Delhi

26 November .2004

Dear Mr Prime Minister,

Re: The attack on Parliament and its implications

We, the undersigned citizens, have read an appeal made by the wife of Mohammad Afzal, the man sentenced to death for conspiring to attack the lndian Parliament on December 13, 2001. It is a very moving appeal published in various Urdu and EngIish newspapers in Kashmir and crculated over the internet. We would not have written this letter to you if it was merely a question of a sentimental appeal by a wife whose husband has been sentenced to death. We believe the letter focuses on some basic issues that touch on the question of Indian democracy.

We are well aware of the very serious implications of the attack on Parliament. We do not condone the act in any way. ln fact we believe that the foremost question that needs to be answered is who attacked our Parliament? Immediately after the attack the former Home Minister announced that the five attackers who were killed by the security forces were Pakistanis because they "looked like Pakistanis". After that we have had no information on the identity of the attackers and the failure of the intelligence services.

Instead, in the name of war against terrorism and national security hard-won democratic rights of Indian people are being eroded. This is indeed a very disturbing trend. The Special Branch of the Delhi Police arrested four persons, three Kashmiri men and a Sikh woman married to one of these men.

We have been foliowing the Padiament attack case closely and many of us have been attending the hearings in the court. From the time the Special Branch of Delhi police arrested four persons on charges of conspiring to attack the Parliament many prominent citizens and human rights organizations have raised many questions and expressed certain concems. We believe that those concerns need to be addressed at the highest level and that js why we are writing to you.

Our concerns:

1. We still do not know who attacked our Parliament and what were the motivations. Neither the Sessions Court nor the High Court of Delhi has gone into the question. The prosecution produced 80 witnesses. None of them even mentioned that the four persons accused of conspiring to attack the Parliament have any link to any illegal or banned organization. All of them were acquitted of charges of belonging to a terrorist organization.

2. The main accused in the case is Mohammad Afzal, a self confessed surrendered militant of the JKLF. It is unbelievable that the pro-Pakistani Jaish-e-Mohammad should use a surrendered militant (a renegade in the eyes of militants) for such an operation. Afzal has confessed to being a surrendered militant but he said he was asked by the STF Force to take one Mohammad to Delhi. If a man is given death penalty on the basis of one part of his confession then equity demands that the other part be aiso taken into account.

3. This was the first trial under the POTA. Even though POTA has been repealed the repeal does not apply retrospectively. Thus confessions to a policeman are admissible evidence. It is our experience that confessions are invariably taken under torture and when we remember the memories of torture he lives with it is not hard to imagine that he had no way of defending himself.

4. The police exposed Mohammad Afzal before the national media and made him implicate himself. When Afzal told the media that Geelani was not involved the ACP, Rajbir Singh, shouted at Afzal and told him to keep quiet and then the police officer told the media not to report this statement. Subsequently, the police officers denied having the press conference on oath. All this is a part of court records.

5. None of the four accused in the Parliament attack case have been given a fair trial. None of the four were allowed access to a lawyer for months after their arrest. Afzal was not even represented by a lawyer in the trial court. The lawyer appointed by the Sesssions court did not seek instructions from Afzal or bother to properly cross examine the prosecution witnesses.

6. It is true Afsan Guru (Navjot Guru) has been acquitted but she has been given no compensation for the horrifying days she, a seven month pregant woman, spent in Tihar jail.

7. Syed Abdui Rehrnan Geeiani was also acquitted. There was not an iota of evidence against him. However, the policemen who framed him on the basis of forged documents and fabricated evidence have been recently been given gallantry awards by your Government. The first Judge of the designated court, Shri S N Dhingra, exhibited his communal bias in open court and in the judgement he delivered condemning Mr Geelani to death without any evidence. Jn the course of the judgement he even stated that he had learnt Kashmiri language in the course of a few lessons so he was capable of assessing the evidence which required knowledge of the language and its idiomatic usage.

8. From the day Mr Geelani stepped out of Tihar jail he has been speaking about the horrendous conditions under which the prisoners in the high risk cells are kept and the treatment meted out to Muslim prisoners. Instead of the national Human Rights Commission taking this as an opportunity to investigate into the problem the NHRC closed the case filed by Mr Geelani on the ground that the jail authorities have denied the charges.

9. The media has not been even reporting the case that is now pending before the Supreme Court.

It seems the entire country believes that talking about human rights is a threat to national security. We are concerned that this attitude has resulted in giving the police an exaggerated sense of self-importance and they have been able to act as if they are above the law. Corruption and communalism has seeped into the democratic, secular fabric of all institutions. The denial of fair trial to Kashmiri Mustrms results in undermining our own democracy and denies Indian citizens of any forum for the redressal of our grievances.

It is these circumstances that compelled us to write this Open Letter to you. We
would like that you:
A. Bring out a white paper on the Parliament attack
B. Institute a high level judicial inquiry into the illegal practices of the Special Branch of the Delhi Police, induding allegations of corruption, violations of fair trial standards and allegations of false encounters.
C. Institute a judicial [enquiry] into the allegations made by Mohammad Afzal and his wife about the torture and extortion by the STF officers.
D. Punish the guilty policemen who framed Mr Geelani and Afsan Guru
E. Punish Shri S N Dhingra for his communalism and violation of the Constitutional principles.
F. Direct the NHRC to make a proper investigation into the conditions of those
detained in Tihar jail's high risk cells.

We believe only such an intervention from the highest level can curb the process of communalization and corruption of our democratic institutions. That is the reason, Mr Prime Minister, we the undersigned have made this appeal to you

Signatories :

Madhu Prasad Zakir Hussain College (ZHC), Delhi University
Neeraj Malik I.P. College, Delhi University
Sadaf (student, ZHC)
N Mukkherji Dept. Of Philiosophy, Delhi University
Meenakshi (student)
Naveen Chandra DSU / Delhi University
P.K. Vijayan Hindu College, Delhi University
A F Mathew MICA, Ahmedabad
Anshuman Singh Dyal Singh College, Delhi University
Tripta Wahi Delhi University
Vinod K Jose
Shweta Rani Hindi Department, Delhi University
Anand Chakravarti Department of Sociology, Delhi University
Kamal Mitra Chenoy Jawaharlal Nehru University
Anuradha M. Chenoy Jawaharlal Nehru University
Dunu Roy Hazards Centre, New Delhi
Jawaid Iqbal Bhat Jawaharlal Nehru University
Rohan D'Souza Jawaharlal Nehru University
I Qadeer Jawaharlal Nehru University
D Kumar Jawaharlal Nehru University
Praveen Jha Jawaharlal Nehru University
S N Malakar Jawaharlal Nehru University
Utsa Patnaik Jawaharlal Nehru University
Jayati Ghosh Jawaharlal Nehru University
Dhruv Raina Jawaharlal Nehru University
Mohan Rao Jawaharlal Nehru University
T G Suresh Jawaharlal Nehru University
Aparajit Chattopadhyay Jawaharlal Nehru University
Indira Chakravarthi Jawaharlal Nehru University
Dr. Anwar Pasha Jawaharlal Nehru University
Dr. K J Mukherjee Jawaharlal Nehru University
Dr G M Shah Jamia Milia Islamia
Nasir Raza Jamia Milia Islamia
Dr Anuradha Ghosh Jamia Milia Islamia
Dr Biswajit Das Jamia Milia Islamia
Deepak Kem Jamia Milia Islamia
Roomy Naqvy Jamia Milia Islamia

(among a total list of 84 signatories)
Go to the South Asia Citizens Web

Bold enough to say

This is a letter from a reader of KalaKaumudi

Hi

I am Rajan a psychiatrist from Perth Australia (originally from Calicut dt)

I just read ur interview with mohd afsal (published in kalakoumudi)

It was an eye opener. as we dont have access to the actual facts and are destined to rely on the manipulated and distorted version of events appearing through the media, articles published once in a while like yours give us a glipse of the obscene and horrifying extent of the reality. Keep it up. The inherently risky efforts like yours are in a way the life line of the ailing justice in thsi awkward world. People like you stand out in a shameful media world that is obscenely obsessed with celebrities and stars. Kindly forward your articles/links when possible to my address. And i will be excited to host you when you are visiting this part of the world.

The translation was excellent. cheers to Shaijith as well.

I acess some alternative viewpoints through countercurrents.com. pls suggest if any worthwhile site are there to know the row truths from our continent

With warm regards

rajan Iyyalol

3 turtle point cove

jandakot

Wa 6164 Au.

For A Free Press

You will never fail until you abandon your endeavours…
-Abraham Lincoln

2001, December 13: Vinod K Jose, a reporter with The Indian Express Delhi, was assigned to cover the farmers’ agitation in front of the Parliament. Since Vinod was a Keralite, the Delhi editor thought it fit to assign him for covering the agitation by the Kerala farmers. After covering the rally, when Vinod was having tea at a nearby shop he heard the shrill sirens of police vans along with loud shouts of “Athankavadi”. He heard people talking animatedly that the Parliament was being attacked by terrorists.

When he contacted his office, the editor directed Vinod to reach the spot immediately and interview as many MPs as possible. Vinod, who was just few meters away from the Parliament, was one among the very few journalists to reach the Parliament House while the firing was still on. After interviewing around 80 MPs, Vinod came to his office and explained to the editor some of the doubts that he had stumbled upon during his assignment. Incidentally, the ‘attack’ came at a time when the Parliament was in turmoil over issues like the coffin case, the passing of POTA Bill, etc. More importantly and rather curiously, even as the House was being ‘attacked’, the ruling BJP MPs were rejoicing and celebrating inside the Parliament. Even Parliamentary Affairs Minister Pramod Mahajan stood unshaken by the events. Also, the police had initially said the attack was carried out by six terrorists. But they could only produce five dead bodies. Where is the sixth one?

After listening to Vinod, the editor nonchalantly asked him to file instead a report on the "traffic problems and the difficulties faced by the office-goers in the city after the attack”. Vinod was thus forced to throw his findings acquired diligently during that eight-hour stint, into the dustbin. The next day lead was the Delhi police chief Ajay Raj Sharma’s press briefings. Vinod’s report on the traffic diversions was also published with prominence.

In a way, he was learning new practical lessons about the social commitment of journalists and the moral values of the Fourth Estate.

The four pillars of knowledge that help journalism are: lies, blunders, money-making and moral irresponsibility
-Marlene Brando

In early 2002, Vinod took charge as a reporter in South Asia for the New York-based Radio Pacifica. Pacifica newscast was started by a group of journalists who resigned from different media houses after they refused to report in favor of the US government’s decision to join the Second World War.

“Just how September 11 is important to the US government, December 13 is an important date in the Bush’s calendar of terrorism. So don’t miss the court proceedings in your reportage” Aaron Glantz, the producer of newscast, told Vinod. This was an opportunity for him to follow the story closer.

“The Parliament attack case is a landmark in my life. More than as a journalist, I view it from a humane perspective. The developments that occurred in the country after December 13 corroborated my earlier doubts regarding the attack which I stumbled upon on the first day. I had made up my mind to divulge the real story behind December 13. The case’s files that run into tens of thousands of pages tell you more stories and sub-stories which the police find embarrassing--like the first accused bringing the main attacker from an army camp in Srinagar etc.”

“Parliament attack case was country’s first POTA case. This is an indication as to why this draconian law was created. Every day I used to go to the POTA trial court and learn the details of the case, though that was not very necessary for my coverage. I learned Abdurahman Geelani, Professor at the Delhi University, was not even remotely connected with the attack. But the media portrayed him as a terrorist. The image of a handcuffed Geelani standing in the dock disturbed me. Every day this man’s innocent face haunted me. I didn’t know Geelani before that. It became clear that if Geelani was not allowed for a fair trial he would be hanged. Democratic India shall not convict innocent people. I decided to join Nandita Haksar and two of Geelani’s friends, Kumar Sanjay Singh and Rona, who were beginning to do something. The “All India Defence Committee for Syed Abdurahman Geelani” was also formed in order to launch a media campaign to resist the media trial on Geelani. From signature campaign, media releases, lobbying with democratic organizations, public meetings, post card campaign... It was also a three-year long practical lesson on Indian democracy for me, recounts Vinod.

Even though the case was such a sensational item for the Indian media, when the trial was on at the Special POTA court, only three journalists were regularly attending the proceedings. Apart from Vinod, there was Basharat Peer from rediff.com and Anjali Modi from The Hindu. The rest of the media folks were absolutely absent in the court and satisfied with the Delhi police briefings.

“The aim of the media campaign was to make the journalists in the language press aware about the true story and provide them enough materials. The worst response was from Kerala. The media in Kerala refused to give any space for Geelani case, and the campaign in defence of him. The editors from the ‘informed Kerala’ denied publishing anything about Geelani in the name of national interest. An average Keralite holds a skewed knowledge about nationalism. What is censured in the name of nationalism is truth. The notions that Malayali possesses about North-East, Kashmir or Punjab is so shameful to their claim of a ‘well-informed’ Kerala. Then I thought that there has to be a publication for Malayali’s political literacy, to resist the mounting disinformation, and to do investigative stories” he explains the beginning of the Free Press venture. Many individuals came forward with support.

Within a matter of two issues of the magazine, threats and attacks emerged from different corners. The RSS workers destroyed the newsstand copies of Free Press in Mayur Vihar area in Delhi. Even those people who couldn’t read Malayalam were disturbed at a magazine cover picture that showed the smiling face of Geelani holding a cup of tea. The vendors were warned against selling Free Press. Delhi distributors backed off. In Delhi they had to distribute magazines through the Diaspora chips and bakery-items distributors who had access to all the south Indian provision shops.

Free Press saw the print orders steadily increasing after every month. Apart from Kerala and other Indian metros they managed to find newsstands in cities like Chandigarh, Jammu, Kanpur, Tezpur, Gwalior, Ahmedabad, Pune et al. It reached in the Gulf countries as well which has a strong population of Malayali Diaspora.

In their February issue, Free Press carried a series of well documented case regarding the twisted and deceitful ways in which the Ambanis had built the Reliance industrial empire. It was also the story of black economy in India. It revealed how politicians cutting across party affiliations had given (and continues to give) covert and overt support to the corrupt ways that helped create one of the largest business empires in the world, Reliance. The magazine carried investigative reports on why a book on Reliance, written by an Australian journalist Hamish McDonald, ‘is not available’ in India for the last 10 years. Titled Polyester Prince, this book throws light on the shady affairs of Reliance Industries. They also carried a list of 200 and odd shell companies owned by the family.

The Reliance issue of Free Press sold like hot cakes with a sale of over one lakh copies. The issue had to be reprinted after copies were sold out. The series of reports, which no other media in the country had dared to publish, raised the hackles of the powers-that-be. Even before the publication of the shocking details on the death attempt against Geelani, the witch-hunt against this magazine had started.

The surveillance on Free Press was mounting. The readers’ letters to Free Press were being monitored and blocked. An attempt on Vinod’s life took place mid October, last year. When Vinod was going back to his office on his bike an Ambassador car with its number plate covered followed him and tried to ram him from behind. The supply of the magazine was disrupted with many subscribers failing to get the magazine. A Free Press sub-editor, V H Nishad, was dubbed a “Muslim terrorist” and the building manager asked him to leave the place. When the magazine’s special correspondent, V M Shaijith, wrote a report on the fake encounter killings of Delhi police, the police started hounding him. When Vinod was at his home in Kerala’s Wayanad district, the Kerala police went there and advised him not to go back to Delhi. They also told the locals that Vinod was involved in “subversive activities” in Delhi.

When we refused to heed those threatening words to stop the publication of Free Press, they started to disrupt the printing of the magazine. We were struggling to find stability in printing. Presses in the capital gave us a tough time. For printing the latest issue we had to go all the way from Delhi to Meerut, says Vinod.

On March 31, police officers from the Inter State Cell came to Free Press office and tore away the covers of the magazine placed on the notice boards. They barged into the editor’s room and took away an unopened courier addressed to V H Nishad. The reason? The courier was addressed to a Muslim!

After two days, the head of the Inter State Cell called up Vinod: “Vinod, you are a friend of Geelani and you know him better. You can help in Geelani’s murder attempt case. You will have something to say about those who are targeting Geelani. So come to our office for a 15-minute discussion on this.”

During the course of the conversation, Vinod raised doubts about the assassination attempt against Geelani. He also raised doubts about the Delhi Special Cell Commissioner Rajbir Singh’s role in this regard. Rajbir Singh, who has the dubious distinction of killing 26 persons in fake encounters, had tried hard to entrap Geelani in the case.

The “15-minute discussion” turned into a five-hour grilling. “All through the questioning, the police wanted to know why I had started this magazine and why I did these ‘problematic reports’. They also asked about the cover story on Reliance Industries,” says Vinod.

Now the police made it clear that they will not allow the printing of Free Press in any of the presses in the capital. The presses have given up on the magazine as frequent raids and harassment by the police is not good for their business.

“Until alternative arrangements are made for printing the magazine, we have decided to stop the publication for the time being. As Tehelka editor Tarun Tejpal said during the inaugural function of Free Press, only the money of those people with morality should be used to run a magazine. We are not ready to plead before NGOs or corporate giants. Journalists working in various media organizations who are supportive of the ideals of Free Press have promised to contribute a portion of their salary for the revival of the magazine,” says the Free Press editor.

The fate of this magazine reminds us that honest journalism is indeed injurious to health! (Richard Keebil’s quote, Journalism is Injurious to Health was the poster caption of Free Press magazine). But Vinod reiterates that this alternative voice will never die down whatever be the hurdles on its way. He is committed to uphold the magazine’s motto: “Prathibadhatha jangalotu mathram~ accountability, only to people”. This courage of dissidence is bound to surpass all kinds of obstacles. And all those who believe in journalism’s true values ought to wholeheartedly support these young journalists and their fight for the cause of Free Press.

By Nuiman

20 July, 2005
The Meantime