Dear fellow citizens,
Let us congratulate and extend our grateful thanks to the organizers (ANHAD,
HRLN and PEACE) of the “Peoples Tribunal on the Atrocities Committed against
Minorities in the Name Of Fighting Terrorism” (Hyderabad, 22-24 August 2008)
for sharing the Interim Observations and Recommendations of its Jury of
impeccable credibility. They have done a great service to the nation by making
public Tribunal’s interim report at this critical juncture. The violations of
Law and denial of justice due to an Indian citizen amounts to erosion of the
Constitution which represents the aspirations of multitudes of Indians who
fought for India’s freedom against colonialism.
Some may try to justify or rationalize the unlawful behaviour of the police
force and unjust judicial action on the ground that this was the only option
under the extra-ordinary conditions created by the inhuman terrorist attacks
such as those that happened recently in Jaipur, Bangalore and Ahmedabad. But,
my friends, the real test of our Constitution, judicial framework and a
civilized society is precisely under such extra-ordinary conditions, not when
every thing is peaceful!
The communalization of the police force, loss of objectivity on the part of the
judiciary and the growing unreliability of the media, as reported by the
Tribunal, in dealing with the young citizens of India of minority background,
especially muslims, in the wake of terrorist attacks have dangerous
implications for the unity and stability of the country. Religious
fundamentalism combined with communal politics, irrespective of the religion it
may represent, is contrary to the very idea of India – a nation of rich
diversity and plurality. The battle is to retrieve and re-establish this India.
The recommendations made by the Jury of this Tribunal constitute the minimum
conditions for ensuring the future of India which became a democratic, secular
and egalitarian Republic on 26th January 1950. This lofty dream of India must
not be allowed to be destroyed by the cynical forces which don’t have a stake
in this dream. Amen!
- Anil Sadgopal
Bhopal
--- On Wed, 8/27/08, ram puniyani <[EMAIL PROTECTED]> wrote:
From: ram puniyani <[EMAIL PROTECTED]>
Subject: [IHRO] Fwd: Interim Observations of the People's Tribunal , Hyderabad
To: [EMAIL PROTECTED], "ram puniyani" <[EMAIL PROTECTED]>
Date: Wednesday, August 27, 2008, 8:14 PM
---------- Forwarded message ----------
From: ANHAD DELHI <anhad.delhi@ gmail.com>
Date: Tue, Aug 26, 2008 at 5:01 PM
Subject: Fwd: Interim Observations of the People's Tribunal , Hyderabad
To: anhad.delhi@ gmail.com, [EMAIL PROTECTED] com, Mansi Sharma <[EMAIL
PROTECTED] com>, youth convention anhad <youthconvention@ gmail.com>,
youthfpeace@ gmail.com
INTERIM OBSERVATION
Peoples Tribunal on the Atrocities Committed against Minorities In The Name Of
Fighting Terrorism
22-24 August 2008 at Hyderabad
Organised by
ANHAD, HRLN and PEACE
Jury Members
Justice Sardar Ali Khan- Retired Judge, AP High Court
Justice S.N. Bhargava-Retired Chief Justice, Sikkim High Court
Mr KG Kannabiran- National President, PUCL
Dr. Asghar Ali Engineer- Chairman, Centre For Study of Society and Secularism
Prashant Bhushan- Advocate, Supreme Court
Dr. Ram Puniyani- Writer, Retired Professor, IIT Mumbai
Prof. Rooprekha Varma-Former Vice Chancellor, Lucknow University
Mr Lalit Surjan-Editor, Deshbandhu
Mr Kingshuk Nag-Editor, Times of India
Depositions and statements recorded in over 40 cases from across the country
Interim observations:
The testimonies showed that a large number of innocent young Muslims have been
and are being victimized by the police on the charge of being involved in
various terrorist acts across the country. This is particularly so in
Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, though not
limited to these States.
In most of the cases, the persons picked up are not shown to be arrested by the
police until many days after their arrest in gross violation of the law. Their
families are also not informed about their arrest. In many cases, they have
been tortured in Police custody and made to "confess" and sign blank papers.
The police has been often humiliating Muslim detenues on the ground of their
religion. The testimonies show widespread communalization of the police across
states in the country.
In most of these cases, the Courts are routinely allowing police remand and not
granting bail, merely on the police statements that they are required for
further investigation. They do not examine whether there is any evidence
against the accused. Unfortunately, the media too uncritically publicizes the
charge and allegations leveled by the police. This has resulted in the
destruction of the lives and reputations of a large number of persons so picked
up by the police who have later been found to be innocent.
When the police chargesheets the victims, the trials go on almost interminably
during which poor victims are virtually defenceless since they are often not
even able to get lawyers. In some cases, Bar Associations have been preventing
lawyers from appearing on behalf of persons accused by the police of such
terror offences. However, though this is gross contempt of Court, the Courts
have not taken action against such Bar Associations and lawyers who are
coercing other lawyers in this manner.
Even when the victims are acquitted or discharged on being found innocent, they
are not compensated for the destruction of their lives and reputations. Even
when the case against the victims is found to be totally cooked up, no action
is being taken to hold the concerned police officials accountable. This has led
to an impunity among the police officials as a result of which they are
casually and callously picking up and victimizing innocent persons,
particularly Muslims, sometimes to extract money from them.
It was been reported by the victims that those citizens who are picked up by
the police officers for interrogation and are subject to repeated harassment
and torture, are implicated in false cases even after release or acquittal and
are further subjected to mental and physical torture.
Unfortunately, the Courts are going along with this behaviour of the police and
are virtually ignoring allegations of torture in police custody. Hardly anyone
is being held accountable for the torture and third degree methods that are
being routinely practiced in police and even in judicial custody.
Unfortunately, the Human Rights Commissions which should have taken suo moto
cognizance of such victimization and violation of human rights of these people
have by and large been treating even complaints about this with casual
indifference. They either do not take up such cases on the ground that they are
the subject matter of court proceedings or just ask for a routine police report
without getting any independent investigation done on such serious charges of
human right violations.
This victimization and demonisation of Muslims in the guise of investigation of
terror offences, is having a very serious psychological impact on the minds of
not only the families of the victims but also other members of the community.
It is leading to a very strong sense of insecurity and alienation which may
lead to frightful consequences for the nation.
Interim Recommendations
State Human Rights Commission and National Human Rights Commission and State
Minority Commission should take up such matters seriously and should come to
independent finding itself and awarding adequate compensation in suitable
Cases. It should not wait for somebody to approach the commission but should
take action Suo-moto . They should utilize their own agency to find out the
truth. The malafide prosecution of innocent persons is also a serious violation
of Human Rights which must be vigourously pursued by the Human rights
Commissions.
The courts must not routinely grant police or judicial custody but must examine
at that stage whether there is any credible evidence against the accused. The
Courts should keep in mind that no reliance should be placed on the alleged
confession of the accused even for consideration of bail/remand.
Whenever any person is released by the police for want of evidence against him
the Courts should award adequate compensation for the destruction of his life
and reputation. In such cases the courts should examine if the prosecution was
malafide, and if it is so found, the police officials involved must be held
accountable and the compensation payable to the victim must be recovered from
the officers concerned.
Cr.P.C should be amended to make it obligatory on the Courts to award adequate
compensation to the innocent victim who is discharged or acquitted due to lack
of evidence or was falsely implicated.
There ought to be separate department/wing for investigation who should be
given specialized training on modern scientific basis, in line with the
recommendations of the National Police Commission, duly endorsed by the Supreme
Court. Independent police complaints authorities must be immediately set up at
all levels in line with the Supreme Court's judgment in the Police Reforms
case.
The trial courts be provided with a medical officer who can immediately examine
any accused complaining of torture in Police or judicial custody. The courts
must immediately, on any complaint being made, order such examination and take
stringent action if the allegation is found true. The number of Trial courts
must be greatly increased to ensure speedy conclusions of Trials.
Investigations must also be concluded within the shortest possible time and
extensions of time must not be routinely given. An adequate cadre of competent
defence lawyers must be created to defend those accused who cannot afford their
own lawyers. An independent statutory office of public prosecutors must be
created.
The Police during interrogation or investigation cannot get blank papers
signed by the accused; Police officers found indulging in such practice must be
severely punished. Narco analysis is a psychologically and physically third
degree method of investigation which is not even scientifically proven. It must
not be allowed on persons particularly without consent.
Persons including officials of Bar Associations seeking to prevent lawyers from
representing accused persons must be hauled up for Contempt of Court for
interfering with the adminstration of Justice.
Special sensitization programmes should be organized for the Judiciary and
Police regarding Human Rights.
The Governments should provide adequate compensation to the relatives of the
person who died due to police firing at Mecca Masjid. No discrimination should
be made based on religion or caste or place of residence. Employment should
also be provided to the dependents of the deceased.
The Media, both Print as well Electronic should be very careful not to
publicize mere allegations or claims of the police which can irreparably damage
reputations of innocent persons without subjecting them to basic scrutiny.
In cases where all the bread earners of a family have been arrested by the
police, the families of the victims, especially minor children and desolate
women are rendered penniless and helpless and are driven to starvation. In such
cases, until and unless the accused are convicted by courts, the State must
provide regular financial help to the extent that the education of children is
not disrupted and the family is not starved.
India must immediately sign the International Criminal Court Treaty known as
the Rome Statute which has been signed by most countries.
anhad.delhi@ gmail.com
