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Letter to DGP

admin — Wed, 19 Nov 2008 12:17:24 +0000

JAN SANGHARSH MANCH

104, Maharanapratap Complex, Ellisbridge, Ahmedabad- 380006.

Dated: 14.11.2008

To,

The Director General of Police,

State of Gujarat,

Police Bhavan, Gandhinagar.

Subject: The Proposed meeting of the Hindu Janjagruti Samiti, proposed to be held on 16.11.2008.

Sir,

Our organization has come to learn from a pamphlet circulated in Ahmedabad by Hindu Janjagruti Samiti (HJS) that HJS has plans to hold a “Hindu Dharma Jagruti Sabha” on 16th November, 2008 in the premises of the Maninagar Vyayam Vidhyalaya, LG corner, Maninagar (West) at 5pm.

On enquiry, our organization has learnt that the Maharashtra Government was considering a proposal to ban Hindu Janjagruti Samiti for their alleged connection with the bomb blast at Thane etc. While it is not for us to decide the involvement of HJS with any terrorist activity, we thought it necessary to draw your kind attention to the holding of the meeting of HJS at Ahmedabad on 16th November, 2008 and make necessary inquiry before permitting such a meeting to take place. Our primary concern is that the holding of the proposed meeting should not aggravate the communal strife and create any law and order problem in Gujarat.

This is for your kind information and necessary action.

Yours faithfully,

Amrish N Patel,

On behalf of Jan Sangharsh Manch

Stuck in godhra tracks

admin — Mon, 27 Oct 2008 17:15:51 +0000

Although the removal of POTA charges from the Godhra train carnage case following a Supreme Court verdict has brought relief for the accused, the case is still stuck where it was six years ago after the Sabarmati Express train was set ablaze at the Godhra railway station on February 27, 2002.

Trial in the case, in which 133 persons were made accused, is yet to start. As many as 17 absconders are yet to be nabbed and bail applications of most of the 82 accused are still pending in the Supreme Court. Also, the five accused who died in judicial custody will never know what the court had in store for them.

“So many related cases have sprung out of the Godhra case that the original case itself has seen no progress at all. The position of the accused is the same as it was in 2002 when most of them were arrested,” says advocate S H Iyer, who represents some of the accused in the case.

The case has been shuttling between different courts. Hearing in the case was first held before the Sessions Court, Godhra. Then the case was sent to the designated POTA court in Ahmedabad. After that, the case was sent to the Gujarat High Court, and from there to the Supreme Court.

On March 7, 2003, the Gujarat Government had set up a Special POTA Court in Ahmedabad, and the Godhra case was rechristened as POTA case no. 1. Around the same time, a State Level Committee (SLC), a mandatory body under POTA, was formed to hear representations made by the accused. But before the SLC could pronounce its decision, POTA was repealed by the Central Government on October 21, 2004. This resulted in the dissolution of the SLC.

During this period, a Vadodara court acquitted 21 persons in the Best Bakery Case, in which 14 people were burnt alive. Following the public outcry against the decision, the National Human Rights Commission filed an application before the Supreme Court, pleading that the Best Bakery Case along with other riot cases including the Godhra case be tried outside Gujarat. On November 21, 2003, the Supreme Court stayed the trial of the Godhra case.

Meanwhile, a Central Review Committee (CRC) on POTA, formed under the POTA Repeal Act to look into instances of misuse of the POTA, decided that there was ‘no scope of application of POTA’ in the Godhra case. The Special POTA Court, Ahmedabad, passed an order saying the committee’s decision was not binding on it and that the trial could go on. This was challenged by Mohammad Hussan Kaloata, a Godhra accused in the High Court, where the court ruled that the CRC’s decisions were binding on the lower court but the case could be withdrawn only after the public prosecutor filed an application to that effect under Section 321 of the CrPC. Kaloata went ahead and appealed to the Supreme Court which upheld the validity of the CRC recommendations.

Reacting to the Supreme Court verdict, Iyer said, “As for the accused, this is the only important development that has happened for them in the past six years. Now that POTA charges have gone, they can hope of getting bail. All their bail petitions are pending before the Supreme Court and those who have not applied can go directly to the Supreme Court, as the court has itself said in a related Godhra matter.”

The CRC decisions have also been challenged in the Gujarat High Court by two persons whose relatives were among those killed in the Godhra train burning incident. However, the High Court has so far not stayed the application of the CRC’s order. The case is pending and an order is expected next month.

For the accused though, a longer journey lies ahead. The case cannot be closed till a trial is held and which can happen only after the Special Investigation Team, formed by the Supreme Court, which is investigating the riot cases including Godhra, submits its report. Also, if the CRC’s decision is struck down by the High Court, it will lead to more litigation. While after six years in judicial custody, bail maybe imminent for the Godhra accused, the final chapter in the case is yet to be written

Centre, Gujarat court HC ire for not releasing SSA grants

admin — Mon, 27 Oct 2008 17:13:32 +0000

Issues showcause notices on petition filed by Mandal Naya Gujarat Sewa Mandal

The Gujarat High Court on Friday issued show-cause notices to the Ministry of Human Resource Development, the Primary Education Department of the Gujarat Government and the municipal school board of the Ahmedabad Municipal Corporation (AMC).

Justice Jayant Patel has asked the three parties to show as to why the petition filed by Naya Gujarat Sewa Mandal through its chairman Habibkhan Pathan for release of grant under the Sarva Shiksha Abhiyan (SSA) should not be admitted. They have been asked to file their replies by November 17.

Representing the petitioner, advocates Mukul Sinha and S H Iyer submitted in the court that the SSA was launched by the Central government with a view to fulfill the fundamental right of primary education to every child. The scheme is implemented by the local authority with the grant provided by the Centre to all the states.

They pointed out that benefits of the scheme were, however, not available to the children belonging to the Muslim community living in slums of Ahmedabad. According to a survey conducted by the Naya Gujarat Sewa Mandal, over 2,500 Muslim children in the age group of 6 to 14 in Danilimda and Chandola lake areas of the city had never gone to school or were drop outs and were working in garages, tea stalls, or as footpath vendors. The petitioners said they had submitted an application to the concerned authorities with a list of 490 such children for starting a school under the SSA.

Though the school was sanctioned, the authorities did not release the grant. The school became functional in June 2008 in anticipation of grants and the Mandal continued to pay salaries to the staff. On September 10, the local authorities sent him a message refusing to pay the grant on the ground that the children studying in the school were different from those in the list.

The change of students took place because the Chandola Lake was filled with Narmada water, necessitating the shifting of 1,500 hutments elsewhere. The advocates submitted before the court that the dream of children getting primary education would not materialise if the grant was not released immediately. In its absence, these children would again be forced to work either as child labourer or indulge in criminal activities.

Sessions Court Convicts Officers of Lubi Electricals

admin — Mon, 27 Oct 2008 17:11:37 +0000

SESSIONS COURT AWARDS LIFE SENTENCE TO THE LABOUR OFFICER JAGDISH THAKOR AND THREE OTHERS OF LUBI ELECTRICALS FOR KILLING A WORKER AGITATING FOR MINIMUM WAGE.

The additional Sessions Judge Shri R.H. sharma convicted the labour officer Shri Jagdish Babubhai Thakor , his son Mukesh Jagdish Thakor, Shri Mahipal Chauhan, security guard and Rajubhai Madrasi for offences punishable under section 302 and sentenced them to suffer rigorous imprssonment for life. They were also ordered to pay the fine of Rs.35,000 each and further convicted the Labour Officer Shri Jagdish Thakor and his son Mukesh Thakor and directed to pay Rs.3 lacs towards compensation to the wife and children of the deceased Shri M.B. Rathod.

The additional Sessions Judge heavily came down on the laxity shown by the investigating officers during investigation and ordered the director General of Police to take suitable actions against the delinquent investigating officers who had intentionally shown laxity during investigation . It was specifically held by the learned judge that the laxity on the part of the police officers was for causing inconsistency in the evidence to help the accused. It was also held that the police had permitted the accused persons to make their guns disappear. The court also held that the prosecuting agency also failed to perform their legal duty.

The additional sessions judge lamented that the present case pushed the time to the fifteenth century where the labourers were considered as slaves and were likely to be eliminated in case they raised their voice for their rights. All that the workers demanded was the minimum wages for their livelihood which was obviously not liked by the management of Lubi Electricals Company. In the facts of the case, the accused therefore did not deserve any leniency. Therefore, had to suffer rigorous imprisonment for life. The cross complaint against 29 workmen under section 307 of I.P.C was dismissed and all the workmen were exonerated of the charges leveled against them.

Shri N.N. Prajapati, Asistant Public Prosecutor appeared for the State whereas Shri Hiralal Gupta appeared along with the prosecution on behalf of the worker.

High Court Indicts Purshottam Solanki

admin — Mon, 27 Oct 2008 17:10:14 +0000

THE HIGH COURT INDICTS THE MINISTER OF PORTS AND FISHERIES FOR GIVING ILLEGAL CONTRACT FOR FISHING ON EXTRANEOUS GROUNDS

In a significant judgement and order, the division bench of the High Court of Gujarat comprising Ms Justice R.M. Doshit and Mr.Justice S.D. dave squarely held the minister Mr. Purshottam Solanki guilty of granting contracts of fishing lease to certain societies giving them undue favour for extraneous considerations.

The Hon’ble division bench squarely held the concerned minister had usurped the power vested in the competent authority and instead of the competent authority granting the lease as per the written policy of the government, the minister himself granted the fishing lease without asking for the tender.

It was the case of the petitioners Shri Ishaq Mohammad Maradia and another petitioner Shri N.K. Sahani that they were waiting for the tender notice for the fishing lease which was expected to be issued in the month of June 2008. The petitioners who were all engaged in the business of fish trade, however were shocked to find out that the minister had himself intervened and had instructed the Commissioner of fisheries not to grant any fishing lease as per the policy without first consulting him. The minister thereafter contacted certain cooperative societies as well as individuals directly and awarded the fishing contract of around 50 reservoir of areas over 200 hectares each. The lease were granted for prices far below the upset price fixed in the previous contract.

The petitioners suspecting foul play had moved the high court alleging that the contracts were wholly illegal, in violation of the government policy which provided for granting lease only by tender and based on absolutely extraneous consideration. The minister was also added as party respondent. The minister however did not file any reply though the State government contested the petition. The division bench however rejected the defense of the government that the lease were granted to help the poor fishermen to earn their livelihood and held that the minister was squarely guilty of acting arbitrarily for extraneous considerations. The high court therefore quashed and set aside the contract of the lease granted to the respondent societies and directed that the competent authority should follow the process set out in the government policy for granting fishing lease.

Advocates Dr. Mukul Sinha and Mrs. Utpala Bora appeared for the petitioners.

Sarva Shiksha Abhiyan - Press Note

admin — Fri, 24 Oct 2008 22:55:37 +0000

HIGH COURT NOTICE TO CENTRE, STATE AND MUNCIPAL SCHOOL BOARD FOR NOT RELEASING GRANT UNDER `SARVA SHIKSHA ABHIYAN’ SCHEME.

Mr. Justice Jayant Patel of Gujarat High Court issued notice today to the (1) Union of India – Ministry of Human Resources,(2) State of Gujarat – Department of Primary education and (3) Municipal School Board of Ahmedabad Municipal Corporation to show cause as to why the petition filed by Naya Gujarat Sewa Mandal through its Chairman Dr. Habibkhan Pathan praying for release of grant to the school under Sarva Shiksha Abhiyan should not be admitted. The notice is made returnable on 17-11-2008.

Appearing for the petitioner, advocates Dr.Mukul Sinha and Shri S.H. Iyer submitted to the court that the Government of India with a view to achieve the laudable objects of fundamental Right of Primary Education to all the children of the country in the age group of 6 to 14 years guaranteed by the newly inserted Article 21-A to the Constitution of India, floated a scheme namely Sarva Shiksha Abhiyan. The primary aim of this scheme is to bring back the children who due to their socio-economic conditions were either unable to go to the schools or were drop outs and ensure primary education to all such children of the country by the end of 2010. The scheme is to be implemented by the local authority with the grant paid by the centre to all the states.

In Gujarat, particularly in the district of Ahmedabad, unfortunately, the benefits of the laudable scheme are not extended to the children of Muslim community living in the slums. The petitioner Naya Gujarat Sewa Mandal carried out a survey and found that in the area of Danilimda Chandola lake alone there were more than 2500 children in the age group of 6 to 14 years who had either never gone to the schools or were drop outs and were working in garages, tea stalls, or as footpath vendors. The petitioner submitted an application to the authority with the list of 490 such children for starting school under Sarva Shiksha Abhiyan. While the authority sanctioned the school, however, did not release the grant. The petitioner started the school in June 2008 anticipating grant and continued to incur expenditure on payment of salary to the teachers and other expenses. Ultimately by communication dated 10-9-2008 the local authority refused to pay the grant on the ground that the children found in the school were different than those named in the list. The petitioner replied that the Chandola lake was filled with Narmada water and consequently, around 1500 hutments were shifted elsewhere and therefore, the petitioner had included new children from amongst 2500 children.

The advocates urged the court that if the grant was not released, the dream of the children, particularly of those belonging to the Muslim community to get primary education guaranteed by Article 21-A of the Constitution of India, would be shattered and they would be once again forced to work either as child labour or indulge in criminal activities. The consequential effect in long run would be on the entire society which shall be burdened with the large number of criminals.

Pota sounds benign compared to Modi’s Gujcoc

admin — Fri, 24 Oct 2008 22:49:41 +0000

There may be many a slip before the Gujarat Control of Organised Crime (Gujcoc) (Amended) Bill, 2003, passed in the State Assembly on Wednesday, becomes an Act, especially with the new government at the Centre promising to repeal Pota.

Framed on the lines of the Maharashtra Control of Organised Crime Act (MCOCA), 1999, it may be the Modi government’s riposte to the Centre, but the birth pangs began showing when President Kalam directed the deletions of all sections pertaining to communication interception, when the NDA was still in power at the Centre.

Unlike MCOCA, whose raison d’etre is explained as tackling organised crime "fuelled by illegal wealth generated by contract killing, extortion, smuggling in contrabands, illegal trade in narcotics, kidnappings for ransom, collection of protection money and money laundering, etc," Gujcoc does not bother to explain what comprises organised crime.

It does even bother explaining why Gujarat, which the Modi government recently claimed, had a low crime rate, required such a stringent law now.

Very bluntly, the Bill begins with "to make special provisions for prevention and control of, and for coping with criminal activity by organised crime syndicate or gang, and for matters connected therewith or incidental thereto."

Sections pertaining to interception were also scrapped from MCOCA following a petition in the Mumbai High Court in the case involving film financier Bharat Shah. The Gujcoc Bill in its new ‘avatar’, too, is without these sections.

Further, in sections referring to harbouring of criminals and holding property acquired from the said crime, Pota appears more compassionate than Gujcoc!

For example, while the minimum imprisonment for harbouring a terrorist under Pota was three years, in the case of Gujcoc it is five years for harbouring a member of an organised crime syndicate. Besides, while Pota distinguishes between voluntary and forcible harbouring, Gujcoc has done away with it.

Pota also clarifies (which Gujcoc does not) that the sub-section on harbourers shall not apply to any case in which the harbouring is done by the husband or wife of the offender.

Pota says "Whoever knowingly holds any property derived or obtained from commission of any terrorist act or has been acquired through the terrorist funds shall be punishable…", whereas Gujcoc does not mention the term ‘knowingly’.

Gujcoc reads much like Pota, with only ‘terrorism’ and ‘terrorist organisation’ being replaced by ‘organised crime’ and ‘organised crime syndicate’.

Post deletions of 12 sections pertaining to interception of communication and its treatment as evidence, Gujcoc’s section 27, like Pota, allows a confessional statement by an accused before an officer not below the rank of superintendent of police, to be admitted in court for trial, but is being severely opposed. Says Gujarat High Court lawyer, Mukul Sinha, "the fact that they were eager to enact this law shows that it might be misused, just like Pota."

To differentiate their scope, Inspector-General of police of the Anti-Terrorist Squad (ATS), Vipul Vijoy Singh says, "people involved in terrorist activities usually advocate some ideology and are not mercenary, while the motive in organised crime is money, but now underworld dons like Dawood Ibrahim have begun supporting terrorist organisations."

Vadodara-based rights activist, Rohit Prajapati refers to the attitude of the Gujarat government during the 2002 riots and says, "I have a strong feeling that in the name of countering "terrorism" the state is becoming a terrorist state by looking for indiscriminate power in its hands."

According to him, the Gujcoc Bill will "legalise the state terrorism."

Taken From The Times of India (Source)

Dismissed Godhra cops get relief from High Court

admin — Fri, 24 Oct 2008 06:29:55 +0000

HC admits petition challenging their dismissal for negligence

Justice K S Jhaveri of the Gujarat High Court has admitted a petition challenging the dismissal of five police personnel on charges of negligence of duty as members of the mobile police squad of the Sabarmati Express on February 27, 2002.

The five policemen are Jabir Shaikh, Kishor Pattani, Kishor Devani, Rasikbhai Rajabhai and Gulabsinh Devusinh.

In the dismissal order following the suspension and the departmental inquiry, the state Government alleged that these policemen had to travel by the Sabarmati Express as part of the mobile police squad. They, however, boarded the Shanti Express from Dahod due to which there was no police protection available to the karsevaks travelling by the Sabarmati Express the same day. The government took the view that the burning of the Sabarmati train could have been prevented had the policemen travelled in the Sabarmati Express.

Arguing on behalf of the policemen, senior advocate Mukul Sinha submitted that as part of the mobile police squad, they had travelled from Ahmedabad to Dahod the earlier day and had reached Dahod on the midnight of February26, 2002. But the Sabarmati Express was running late and instead of arriving at its scheduled time around midnight at Dahod, the train was indefinitely delayed.

As per their regular practice they travelled back by the Shanti Express since they were required to report for duty the next day at 6.00 pm at Ahmedabad.

Sinha argued that there was absolutely no instruction or information given to the five policemen regarding the travel of the karsevaks by the Sabarmati Express or any apprehended danger to the karsevaks.

Sinha also submitted that no senior officer had given them any message regarding this and therefore they could not be held responsible for alleged negligence over some event of which they had no information.

He argued that no evidence whatsoever was found in the enquiry to establish the deliberate burning of the S-6 coach of the Sabarmati Express by any person as a result of any conspiracy.

Taken from Indian Express (Source)

Ye Kaisi Aazadi Hai!

admin — Thu, 23 Oct 2008 18:21:18 +0000

At the stroke of the midnight hour, when the world sleeps, India will awake to life and freedom. Yes! India has woken up to freedom, but for whom? After 61 years of Independence, around 400 million unorganised workers struggle to survive without any tangible right, though they substantially contribute to the national income. No employment regulation, no pension, no maternity benefits, no accident compensation, no provision to get even the minimum wages or health care. Instead, crumbs of social assistance schemes are thrown at them by the state as charity.
Ye Kaisi Aazadi Hai? asks Jagjit Singh, the acclaimed singer, joining the campaigners of Social Security Now, a network of trade unions, civil society organisations, peoples movements and concerned individuals fighting for securing Social Security Rights for the countless, voiceless unorganised workers. Written by renowned poet Nida Fazli, and filmed by Pravin Mishra, the song invites you to join in on the demand for Social Security as a Right for unorganised workers! This is your song. Please send the link to all the concerned Indians.

With no more Pota trials, where does Nanavati-Mehta report stand?

admin — Thu, 23 Oct 2008 00:48:45 +0000

Was the burning of S-6 coach of Sabarmati Express at the Godhra railway station on February 27, 2002 a ‘pre planned act’ and ‘a part of a larger conspiracy’ as concluded by the Nanavati-Mehta Commission in part one of its report? Or was it just a ‘simple case of unlawful assembly’ as held by the Central Review Committee on Pota on May 16, 2005?

The order of the Supreme Court on Wednesday, upholding the constitutionality of the Pota Repeal Act and reaffirming that the decisions of the Pota review committee are valid, has again raised serious questions about the conclusions reached by the Justice Nanavati headed Commission of Inquiry.

The Commission’s conclusions are

primarily based on the police chargesheet and confessions of the accused arrested under Pota, all which have no legal sanctity now.

“It means two things. First that the Pota charges be dropped, and secondly, all the evidence collected under Pota is now of no use. The whole conspiracy case has been built on the evidence collected under Pota. Now, all of that no longer stand,” said Mukul Sinha, advocate representing the Jan Sangharsh Manch (JSM).

Furthermore, the decisions of the Pota review committee, which is binding on all subordinate courts where Pota cases are going on, was completely overlooked by the Nanvati Commission.

In fact, the order of the Central Review Committee on Pota was placed before the Nanavati Commission as an exhibit by the JSM, one of the parties appearing before it, and is part of the record. For reasons not disclosed, the Commission did not even once mention the order of the review committee in its 168-page report.

The review committee’s decision had categorically not accepted the police case where it was said the conspiracy was planned the night before the attack on the train at a guest house near the Godhra railway station.

It had said, “Regarding the conspiracy alleged to have been hatched during the night of February 26, 2002 at the Aman Guest House, this theory does not seem to be probable on the case of prosecution itself.”

While the Godhra accused can still be tried for criminal conspiracy under Section 120-B of the Indian Penal Code, under which they were booked in the first chargesheet filed on May 22, 2002, all the evidence collected in support of the conspiracy theory has been done under Pota.

The police case of conspiracy is primarily based on the confessions of one Jabir Behra recorded under the provisions of Pota.

However, Behra retracted his confession later, a fact noted by the Commission but not given any credence.

The Nanavati Commission, on the other hand, had completely bypassed this binding conclusion of a statutory body, and had on the line of the police investigation decided that the conspiracy was plotted at the Aman Guest House.

(Source)

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