Thanks for this valuable forward and the attached files.

On Thu, Jun 24, 2010 at 12:32 PM, ram puniyani <ram.puniy...@gmail.com>wrote:

>
>
>   *Subject:* [Citizen-Mumbai] Fwd: 14 activists arrested in Gujarat in the
> name of Maoist activity since March 2010
>
>
>
> ---------- Forwarded message ----------
> From: Kavita Srivastava <kavis...@gmail.com>
> Date: Tue, Jun 22, 2010 at 11:27 AM
> Subject: 14 activists arrested in Gujarat in the name of Maoist activity
> since March 2010
> T
>
> *GUJARAT ARRESTS IN THE NAME OF MAOIST ACTIVITY*
>
> **
>
> *A CALL FOR ALL TO UNITE AND GET ACTIVISTS RELEASED*
>
>
>
> The fishing expedition of Gujarat police has now reached Delhi. After
> having arrested 13 trade unionists, forest rights activists and ordinary
> workers of Gujarat against the omnibus FIR number* 1-37/2010 Police
> station Kamrej, Surat range*, dated 26th of February, *u/s 120 (B),
> 121(A), 124(A), 153 A& B of the IPC, and sec 38, 39 and 40 of the UAPA,
> 2004, **Shakeel is the new catch, the 14th person arrested in this FIR on
> 17th April, 2010. *
>
> **
>
> Abdul Shakeel Pasha, for the last six years had been working relentlessly
> with homeless and street children with organisations like *Aman 
> Biradari*(2004 to 2008) and since 2009 with
> *Shahari Adhikar Abhiyan. *His work with Aman Biradari also took him to
> Gujarat several times as the work on "Justice to the victims of the 2002
> Gujarat genocide" was carried out through the Nyaya Grah project of Aman
> Biradari.
>
> **
>
> I too interacted quite closely with him both when he was with Aman
> Biradari. Since in the Centre for Equity Studies the office of Aman Biradari
> was housed so was the work of the Supreme court commissioners in the Right
> to Food case. So we used to go very frequently. When Bengali Speaking
> Muslims were being arrested and evicted from Delhi he wanted our experience
> on it including the court orders that we had procured from the Rajasthan
> High Court. He also participated in several "release Dr. Binayak Sen"
> programmes in Delhi where I met him. I worked with him when he and some
> others undertook on behalf of the CES a study of the implementation of the
> right to food schemes in Jaipur slums. As recently as April when he was
> associated with the Shahari Adhikar Manch he was one of the key volunteers
> of the dharna of the right to food campaign from 15 to 19 April, 2010. He
> mobilised hundreds of people and got them to the dharna sthal..
>
>
>
>
> The Kamrej police station FIR was very cleverly filed, so that the hands of
> the Gujarat police could be strengthened for the witch hunt of activists,
> trade unionists and the newly emergent leadership working amongst the
> tribals and dalits who are demanding their rights from the Indian State. It
> is clear from the sections under which the people have been booked meaning
> sedition, waging war against State, conspiracy and the UAPA sections of
> being members and supporting a banned organisation that at the minimum
> anybody arrested will stay in jail for two to three years before they are
> granted bail.
>
>
>
> Courts in this country are not questioning these framed up cases and trials
> take up so much time. Charge sheets have a large number of witnesses as well
> as the moment the police feels that the case of the prosecution is getting
> weak, they are notorious for filing more and more charge sheets. We have
> seen this pattern in Chhattisgarh, Jharkhand, Orissa and now in Gujarat.
>
>
>
> Secondly, they also moving with the assumption that following the arrests
> of activists under these sections the brotherhood and sisterhood of the
> activist world may be demoralised, they may be gripped by fear and thus they
> get an edge in the psychological war that is taking place through the media,
> when every now and then human rights activists are flogged for supporting
> Maoist violence.
>
>
>
> Only the State of Gujarat could have entertained this kind of generalised
> FIR, a piece of paper devoid of who is committing what crime, so vague that
> all and sundry could be booked when it says, "this FIR is against the
> underground leaders and members of banned Naxalite organization CPI (Maoist)
> who are very secretly active and with the intention of starting
> anti-national revolutionary people’s war by making at front the people
> towards".
>
>
>
> The only remand paper that we have is of Avinash which actually throws more
> light on the fishing expedition. How through the arrest of one of the
> persons in Orissa, they reach Niranjan Mahapatra, the trade unionist from
> Surat and then through him they have reached others. They also mentioned
> that Avinash Kulkarni was with the CPI (Jan Shakti) even before he came and
> worked in the Dangs in 1989. They go on to say that "Avinash Kulkarni played
> behind the scene role of instigating tribals to start violent agitation and
> as he was conducting naxalite activities of instigating the tribals by
> remaining in touch with CPI (Maoist) through CPI (ML) Janshakti Party".
>
>
>
> Now all of us know that CPI (ML) Janshakti is an over ground party and has
> been fighting elections for the last fifteen -seventeen years. And if in the
> past somebody had some association, they have all the right to choose new or
> redefine their ideologies. Each one has a right to begin lives afresh
> according to our choice. Regarding Avinash Kulkarni, activists of Gujarat
> have told us that he was pioneering the entire struggle in the area of
> implementing the Forests Rights Act and when teh Government had rejeceted
> over 80,000 claims of tribals, the people had carried out non-violent
> protest. The Adivasi Maha Sabha has already condmened his arrest.
>
>
>
> This style of opening old files and picking up people is what the Andhra
> Police had also done some time back, when they picked up in 2005 - 2006
> activists who in their student or youth days in the eighties had been with
> some or the other ML group. I was told by Harish Dhawan of the PUDR that the
> AP police rounded up so many activists that finally Mr. Bal Gopal took the
> matter up with the Human Rights cell within the Anti Naxalite Operations of
> AP. ( please note there is this cell in the ANO) following which harassment
> stopped.
>
>
>
> The police learns very fast from each other so the "Fishing Expedition" run
> by Andhra State Police has been adopted by Gujarat. But this time there is a
> difference. The Central Government led by Chidambaram and others is
> vehemently backing such actions of the State police. As well as the more you
> show that Maoists are at work, it becomes easier for the different States to
> get money in the name of combating Maoists. We are told that Haryana and
> Punjab both got Rs. 50 crores in one stroke, after showing some fake cases
> of people as Maoists.
>
>
>
> We had brought up the facts of these arrests clearly in our application to
> the NHRC. Unfortunately, as I had mentioned in my earlier mails, that the
> charge sheet was filed against 12 of the people arrested, soon after the
> NHRC issued notices on the 4th of June, to the Gujarat DG police demanding
> why they had arrested so many activists from the Dangs. As all of you are
> aware once a case comes in a court (here the charge sheet), the NHRC does
> not pursue the case. Although it can, however, it does not wish to petition
> the court and get orders to continue investigating the case.
>
>
>
> The tasks that need to be done are as follows:
>
>
>
>    - Informing the NHRC about the arrest of Shakeel in the case number
>    501/6/23/2010/UC /M-2.  This will be done by Pushkar Raj.
>
>
>
>    - The 1800 page charge sheet should be obtained from the lawyers of the
>    12 who were charge sheeted in Surat on 12th June.
>
>
>
>    - We must also collect the remand papers of Kishore Kuruputty, Shakeel
>    from the lawyers in Surat.
>
>
>
>    - Can somebody put together a short brief of all the persons arrested.
>    We have it for Avinash, Bharat Pawar and Krishna.
>
>
>
>    - A brief profile on Shakeel somebody should write.
>
>
>
>    - The profile of the ten others has to come from Gujarat. can somebody
>    take this responsibility and send it to us.
>
>
>
>    - Coordination with the Gujarat groups including Darshan, PUCL Gujarat,
>    journalists like Nachikea Desai and lawyers like Mukul Sinha and others who
>    called a meeting on 8th June and had set up some committee's to follow up 
> on
>    these arrsts.
>
>
>
>    - Participation in the 30th June dharna and rally in Ahmedabad against
>    these arrests. contact person: Hiren Gandhi: 09426181334
>
>
>
> And finally, we need to ask ourselves especially when we are on the eve of
> emergency day, 26th June, thirty five years later, whether we are going to
> surrender our Constitutional rights of dissenting and holding and expressing
> views, to the police state that India is becoming.
>
>
>
> This is a call for help to all friends that we get together and oppose the
> terror unleashed by the Gujarat police.
>
>
>
>
>
> Kavita Srivastava ( National Secretary)
>
>
>
> *PS: I am attaching the application filed by the PUCL to NHRC, the show
> cause notice issued by the NHRC, the translated version of the FIR and the
> remand application of Avinash Kulkarni. *
>
>
>
> .
>
>
>
>
> --
> Kavita Srivastava
> (General Secretary) PUCL Rajasthan
>
> Address for correspondence :
>
> 76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015
> Tel. 0141-2594131
> mobile: 9351562965
>
>
>
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