---------- Forwarded message ---------- From: ram puniyani <[EMAIL PROTECTED]>
*PRELIMINARY JURY FINDINGS AND RECOMMENDATIONS* > > *of the * > > * * > > *PEOPLE'S TRIBUNAL* > > *on* > > *"State action in the name of countering Terrorism & Conversions"* > > ** > > > > held in Jaipur on *7-8 November, 2008* > > Jaipur, > > 9th November, 2008 > > > > The two day hearing organised by more than two dozens human rights and > social organisations at Rajasthan Samagra Sewa Sangh concluded on the > evening of the 8th of November. It had the participation of over two hundred > women, men and children. > > > > The Jury of the Tribunal was chaired by *Justice S. N. Bhargava*, former > Chief Justice of Sikkim High Court and former Chairperson of the State Human > Rights Commission, *Prashant Bhushan*, Senior Counsel, Supreme Court of > India, *Dr. Ram Punyani*, formerly Prof IIT, Mumbai, *Dr. Sandeep Pandey*, > Magasaysay Award winner and Convenor of the NAPM, *Neelabh Mishra*, Editor > Outlook Masik and Dr. *Yoginder Sikand*, Writer on Indian Muslim Issues. > > > > More than 40 persons deposed in front of the jury. They included survivors > (the seriously injured) of the May 13th Jaipur serial Bomb Blast), innocent > Muslims who were kept for several days in illegal custody in the name of > investigation of the bomb blast, Survivors of the Ethnic cleansing of the > Bengali Speaking migrants in the name of illegal Bangladeshi migrants, > Father's > and Pastors who had bore the brunt of State supported Hindu Right wing > violence. Several Lawyers, Journalists, Activists, teachers and children > also deposed adding evidence of the violations on the minorities. > > > > The Jury after listening to the survivors, their advocates and social > workers for over two days they reached arrived at the following preliminary > findings > > > > 1. *SETTING UP COMMITTEE FOR THE MONITORING OF THE INJURED OF THE MAY > 13 SERIAL BOMB BLAST OF JAIPUR* > > * * > > According to us the members of the jury there are widespread > complaints about the distribution of compensation to the blast > victims. There were also complaints about the nature of relief > received and the quantum of compensation given to those who were > injured. > > > > It is recommended that those who have been injured must not only be > compensated for injury but also for loss of livelihood during their period > of injury and disablement. A monitoring committee should be created to > monitor the health condition of these injured along with the distribution of > compensation which should include the fund for education for children, > livelihood, social security of the old and medical fund. > > > > A white paper should be issued by the government about receipt and > expenditure of all money received and spent by the government with respect > to the blasts. > > > > 1. *VIOLATION OF THE LAW AND ETHNIC PROFILING OF THE MUSLIMS BY THE > RAJASTHAN POLICE AND THE MEDIA IN THE NAME OF INVESTIGATION OF THE JAIPUR > BOMB BLAST.* > > * * > > * ETHNIC CLEANSING OF THE BENGALI SPEAKING MUSLIM MIGRANTS.* > > * * > > * DEMANDING THE SETTING UP A HIGH POWERED INQUIRY COMMISSION OF > AT LEAST 3 RETIRED JUDGES OF THE SUPREME COURT TO EXAMINE > THE INVESTIGATION OF THE BOMB BLAST CASES* > > > > The police authorities investigating the terror offences appear to > be violating all the laws of the land and directions of the > Supreme Court during the conduct of the investigations. In particular, > many persons have been detained for days or weeks, > without > showing them to be arrested and without producing them before any > Magistrate. > They have been sometimes tortured and humiliated by the police officers. > They have not been allowed to meet their relatives and lawyers, who have > often not even been informed of their detention. The investigation > of the blasts by the police also appears to be communally motivated > and only persons belonging to the Muslim community have been the > target of the investigations. The names of HUJI and SIMI have been > bandied about by the police as the perpetrators of the blasts without any > evidence. A number of former members of SIMI have been arrested and > detained without any basis or evidence against them. The media > has also been uncritically repeating and amplifying the baseless > allegations and innuendoes of the police mentioning persons and > organizations belonging to the Muslim community, thus resulting in > ethnic profiling and feeding into the Islamophobia being sought to be > created > and reinforced in the minds of the Hindu community by the Hindutva > organizations. > In Jaipur this has resulted in the vilification of the entire Bengali > Muslim community who have been victimized by the Hindutva organizations in > complicity with the police. Thousands of them have after the blasts been > picked up and forcibly transported to New Jalpaiguri and then > Bangladesh without any due process of law and without giving > them an opportunity to show their Indian Citizenship. This has > resulted in the ethnic cleansing of Jaipur. > > > > We feel that in the light of similar evidence that has been coming from > other parts of the country about the targeting of innocent persons, > particularly from the Muslim community by the police for various blasts > taking place in the country, it has become necessary for the government to > set up a High powered Inquiry Commission of at least 3 retired Judges of the > Supreme Court to examine whether the police investigations into the various > serial blasts which have taken place across the country this year are being > done honestly and whether members of a particular community are being > victimized in the investigations. This has become necessary because of a > strong and widespread feeling of victimization among the Muslim community of > the country which is leading to a strong sense of alienation, despair and > anger. Unless this is addressed and redressed it may have disastrous > consequences for the country. > > > > *3. SETTING UP OF A POLICE COMPLAINTS AUTHORITY* > > > > It has become particularly urgent to set up police complaints > authorities at the district and State levels as directed > by the Supreme Court in the police reforms judgement. > > > > 1. *STRENGTHENING OF THE HUMAN RIGHTS COMMISSIONS * > > > > The National and State Human Rights Commissions need to be > strengthened by giving them adequate powers, providing them > with their own dedicated police machinery and also by > broadbasing and making transparent, the selection of their > members. > > > > 1. *ADEQUATE REPRESENATION OF MINORITIES IN THE STATE POLICE SERVICES* > > > > The time has also come to ensure by law that every State police > service should have adequate representation from the Minority > communities in the State. > > * * > > 1. *BIASED MEDIA REPORTAGE OF THE BLAST INVESTIGATION* > > * * > > The role of the media in the reportage of the blast investigations has by > and large been extremely biased. They have been uncritically purveying and > amplifying unsubstantiated and motivated leaks and plants by the police, > which has led to the destruction of the lives and reputations of many > innocent persons. It also seriously prejudices their fair trial. It has also > led to communal profiling and vilification of the Muslim community as > terrorists. The Press Council should lay down clear guidelines regarding > such reportage and should be given powers to enforce those guidelines. > > > > 1. *JUDICIARY OUGHT TO PROACTIVELY PREVENT THE VIOLATION OF THE LAW BY > THE POLICE* > > > > The judiciary has also not been taking steps to ensure that the > police during these investigations act within the law and do not > indulge in extra judicial detention, torture and victimization of innocent > persons. They need to be proactive in ensuring this and taking action > against errant police officers. In particular, all proceedings > related to such offences need to be taken up and disposed with > utmost expedition. > > > > 1. *STATE SUPPORT TO HINDUTVA RIGHT WING FORCES TO INDULGE IN VIOLENCE > AND HATE OF MINORITIES* > > > > We find that various Hindutva organizations which have been > indulging in violent crimes of mob violence and of provoking enmity and > hatred among communities are being allowed to do this with impunity and have > not been brought to book. This is resulting in the strengthening of their > hold over the establishment of the country and their clout in civil society. > It has become imperative for the authorities, particularly the police and > the judiciary to take strong action against them and their members for > their illegal activities. > > > > * 9. THE COMMUNAL ACTIONS OF CORPORATE HOUSES* > > > > It is unfortunate that Corporate leaders like Infosys have resorted > to firing innocent > > persons who were detained by the police despite the fact that no > chargeswere finally brought against them. This practice is totally > unfair and illegal and must be stopped immediately. > > > > * 10. BAR ASSOCATIONS ACTING AGAINST THE PRINCIPLES OF NATURAL > JUSTICE* > > > > We find that Bar Associations have been passing resolutions directing > lawyers not to represent those accused of terror offences. This is not only > against the principles of Natural Justice, but is also contempt of Court. > Strong action needs to be taken against the office bearers of such bar > Associations by the Courts. > > > > > > *People's Union for Civil Liberties, Rajasthan (PUCL), Rajasthan Smagra > Sewa Sangh, Jamaat e Islami Hind, Rajasthan Samta Sainik Dal, Centre for > Dalit Rights, All India Peace and Solidarity Organization (Rajasthan), > Jaipur Christian Fellowship & Rajasthan Christian Association, National > Muslim Women's Welfare Society, Jaipur, Sohard Resource Centre for Peace and > Harmony through the Arts, Academy for Socio Legal Studies, Sadbhav Manch, > IRADA, Bhai Chara Foundation, Rajasthan, National Federation of Indian > Women, Human Development Society and Milli Council* > > *Contact Persons:* Prem Krishan Sharma (9414055811), Kavita Srivastava > (9351562965), Sawai Singh:(0141-2552878), Prof Salim 9829098734, Tek Chand > Rahul- 9414238153, P. L Mimroth O Harold Singh (9314871749), J K Sharma > (9314888785), Father Coelho (9414072244), Nishat Hussein (9829334500), Sabir > Khan (9314513830), Prakash Chaturvedi (9414073997), Than Singh (2593533), > Prof M Hasan (9829296086), Ved Vyas (9414054400), Nisha Siddhu (9414443607), > Rashid and Inftikar ( 9828017168) > > > > Kavita Srivastava (General Secretary) PUCL Rajasthan Address for correspondence : 76, Shanti Niketan Colony, Kisan Marg, Barkat Nagar, Jaipur-302015 Tel. 0141-2594131 mobile: 9351562965 --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [EMAIL PROTECTED] For more options, visit this group at http://groups.google.com/group/greenyouth?hl=en-GB -~----------~----~----~----~------~----~------~--~---
