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Hyderabad conclave shames India’s record 
Jagmohan Singh in Hyderabad

 

The People’s Tribunal at Hyderabad exposes how in the last decade, Indian nation state has made profiling of minorities, particularly Muslims, a key instrument of its so-called strategy to fight terrorism. India's best and the brightest were among the jury before which the victims deposed. A WSN Exclusive.

 

HYDERABAD:  “If you can do something, please get my son back. He is in jail for the last seven years.  No trial, no justice. Just jail.  They tell me that it is some case under POTA.  I do not know what it means. All those years, I have not been able to know what it is.  I do a measly job for Rs. 300 in a month on which I and my daughters cannot survive and I make a living by begging.  Can you strike down what is called POTA? Can you please get my son back?”  Amidst hiccups and sobs, this wail of Bibi Khatun, the middle-aged widowed mother of three sons –Shamsher Khan, Siddique Khan and Nasir Khan, detained under POTA in Godhra, Gujarat, put every one to tears at the plenary session of the People’s Tribunal at Hyderabad last week.  Social and community activist Asghar Ali Engineer, sitting as part of the jury, could not hide his tears listening to the testimony.    

Young Muslims have been arrested from West Bengal, Maharashtra, Orissa, Assam, Gujarat, on the border and shown to be detained in Lucknow, so as to buttress the argument that the capital of Uttar Pradesh is the terror capital of India, said Mohammad Shoaib, the lawyer from Uttar Pradesh who was forcefully not allowed to defend Muslims, because the members of the Bar Association of this city owing allegiance to Vishwa Hindu Parishad and Bajrang Dal had passed unanimous resolutions baying for the blood of those who would defend “enemies of India”. 

The nondescript auditorium of the Urdu Daily newspaper Siyasat, in the heart of the old city of Hyderabad was the scene of emotions and facts crying for justice.  Emotions and facts that normally do not see the light of the day.  Sentiments of pain and anguish have no meaning for a heartless state. They don’t mean much for the media, unless of course you are an Arushi where an entire spin of conjecture is possible to report.  Otherwise harsh and cold facts do not make good copy, nor does it make sensational headlines on television.   

The audience comprised of victims, their families and friends, reporters who write about causes and concerns, rather than dishing out the press release of the police department, jurists and human rights activists –the kind of people that are left in this country to pour over the worries and anxieties of the common man, the rest are engaged in pursuing the nouveau-riche dream of money and more money, a bigger house, a bigger car and a bigger holiday. 

The galaxy of legal luminaries from jurists to civil liberties activities from all over the country comprised the jury and provided the temporary succour and solace to the victims and their families.  Their very presence provided that feeling, as the dark alley through which they have had to go knows no support.    

As expected, the media was there in large numbers –print and satellite.  And exactly as expected, not much was reported in the papers.  

True facts are not sufficient material for the modern day journalist, editors and media owners who are engaged in a dialogue with only those with whom they share their interests and biases.  Others don’t matter.  

Prior to the beginning of the public trial, participants at the meet witnessed a small photo exhibition on journalist Iftikhar Gilani, who had to spend harrowing months in Tihar jail, on trumped up charges.   

With the Supreme Court adjudicating upon the ban on SIMI, the otherwise “bold” media did not want to take a risk.  It could not afford to annoy the highest court of the land.  It would much rather suppress facts, downplay the whole function as a non-happening, as something which is only a state-dubbed “support for terrorists by so-called human rights activists”. 

The media like the state has mastered the art of “turning a blind eye”. The shriller the cry, the more muted the response.  The beating up of lawyers, who are otherwise called friends of the court, the inhuman torture in a country whose law ministry and home officials regularly depose before UN sub-commissions that “there is no torture in India”, the media trial of Muslim professionals on the basis of conjecture and whim of the sub-inspector of the police station in whose jurisdiction a violent act has happened –all this is not news for the media and the burgeoning new class of Indians for whom every thing is measured in terms of Sensex, Gold prices, land acquisition and inflation parameters. 

The message at the people’s meet was loud and clear. Advocate Shoaib Mohammad said that he would rather be a martyr than give up the right to defend those accused, who are invariably Muslims.  

Inspite of the terror let loose by governments of Maharashtra, Rajasthan and Madhya Pradesh in pressurizing victims and their families against deposition, over 40 individuals deposed before the jury with detailed accounts and thorough documentation.  Speaking for the various human rights organizations that had made the People’s Tribunal possible, Colin Gonsalves said that “from the Delhi of November 1984 to Mumbai to Gujarat, minorities have seen death and destruction on an unprecedented scale”. “For humanity to survive and for justice to prevail, “it is important that we speak up without fear, with hope that someday somebody will listen”. 

The interim report of the Tribunal has emphasized that a large number of innocent young Muslims have been or are being victimized by the police on charges of terrorism in gross violation of law. The police, intelligence agencies and even judiciary are constantly compromising civil liberties and constitutional rights all over India. Innocent people are being arrested, illegally detained, tortured and forced to confess complicity in terrorist acts with which they have no connection whatsoever. It seems that the Indian state has become an apparatus that willfully ignores the basic human rights of minorities in the country.  

At the conclusion of the tribunal hearings, the organizers reiterated that we need to remove the shadow of fear and distrust.

"Lot of boys have not come because the police went to their houses and said terrorized them against deposition” said Zaheeruddin Ali Khan, Managing Editor, Siasat.
"There is a growing communalisation of minds in India. It is not confined just to the police, but in the judiciary, bureaucracy, there is a hatred building up against the minorities," said Shabnam Hashmi, a social activist.

Leading lawyer Prashant Bhushan said the media had forgotten its basic duty of subjecting the police statements to scrutiny to find out the truth. “Unfortunately the media too uncritically publicises the charges and allegations levelled by the police” he said.  

Civil rights leader K G Kannabiran said that suppressing the minority community would not put an end to terror. "The police committed excesses against rural youths in the State branding those extremists and killed many of them in fake encounters. But Naxalism has survived," he pointed out.

Retired justice Sardar Ali Khan observed that an "undeclared Emergency" had been imposed on the Muslim community. "People from the community are being tortured in the name of investigation. They must be compensated for the trauma they have undergone," he said. 

The People’s Tribunal at Hyderabad set the path to ensure that the shrinking space for democracy in the country gets a breather and a new lease of life.

 27 August, 2008
 

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Vignettes from People's Tribunal on the Atrocities against Minorities in the name of
Fighting Terrorism, 22-24 August, Hyderabad

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