Dear Karthik, To my mind, this is the weakest spot. The only weak spot, to my mind. Just a ciched shibboleth.
Independent India has a long long tradition. Almost since its very inception. When its relationship with the US was pretty problematic. India is fighting war against its own people in the North-East, and then Kashmir, since very early days. (When did the US do it last?) The Preventive Detention Act is on the statute since 1950. Emergency was clamped back in 1975. We have the (most draconian, applicable to specially marked out territories) AFSPA, since way back in 1958. We have the UAPA 2008 now. But then, before that the TADA, back in 1985, leading to the POTO/POTA. The states have a plethora of such draconian laws. Quite a few much predating the 26/11. This is just an illustration of non-application of mind. This tradition far predates 26/11 (2001) or neo-liberal drive in 1991. May not sound fashionable. But such are the hard facts. Sukla On 10/12/09, Karthik Ramanathan <[email protected]> wrote: > Dear Sukla, > > Thanks for this. It is heartening to see struggles on the ground in India > and this letter is no exception. Of particular importance to me is the > sentence : > > " This is an American model which the central government and > the home minister P.Chidambaram are bent upon enforcing throughout the > country. The government, we strongly feel, is trying to crush the Lalgarh > movement with the purpose of handing over the natural resources of the > Jangal Mahal region to foreign MNCs and domestic big capital." > > This is really heartening because to me, this seems part of a sign that the > People's movements in India are now increasingly and directly confronting > the imperialist US enemy and their MNC's, on whose behalf the clowns in > Kolkata and New Delhi, are running the show (anti-imperialist rhetoric of > the CPIM notwithstanding). > > - Karthik > > --- On Sun, 10/11/09, Sukla Sen <[email protected]> wrote: > >> From: Sukla Sen <[email protected]> >> Subject: [foil] Teror in West Bengal: Rising Protest >> To: "Free Binayak Sen" <[email protected]>, "foil-l" >> <[email protected]>, "greenyouth" <[email protected]> >> Date: Sunday, October 11, 2009, 3:30 AM >> * * >> >> *C**OORDINATION OF **I**NDIVIDUALS AND **O**RGANISATIONS* >> >> *( Led by Mahasweta Devi)* >> >> *Office : 18 Surya Sen Street, Kolkata – 700012* >> >> *Phone : 9330939011* >> >> * >> ___________________________________________________________________________________________________________ >> * >> >> * * >> >> * * >> >> *Open Letter to the Chief Minister, Government of West >> Bengal* >> >> * * >> >> >> >> >> >> To, >> >> The Chief Minister, >> >> Government of West Bengal, Kolkata >> >> >> Date: >> 6 October 2009 >> >> >> >> >> >> >> >> *Subject: Memorandum concerning the arrest of Sri >> Chhatradhar Mahato and the >> deliberate creation of a fear psychosis among the people by >> the WB >> administration* >> >> >> >> >> >> >> >> Sir, >> >> >> >> We, on behalf of many individuals and organizations, would >> like to draw your >> attention to certain disturbing developments with regard to >> the arrest of >> Sri Chhatradhar Mahato and its aftermath. >> >> >> >> We are constrained to mention that the government seemingly >> does not exist >> in West Bengal; only a few police officials and >> bureaucrats, not the elected >> representatives, are now running the show. >> >> >> >> Perhaps you are aware of the fact that we have already >> registered our strong >> protest against the arrest of Sri Mahato, who has been >> spearheading the >> people’s movement against police atrocities in Jangal >> Mahal. We have >> reasons to believe that he has been falsely implicated in >> criminal cases and >> booked under UAPA — one of the most draconian laws in >> post-1947 India. >> >> >> >> Moreover, not only we, but various journalists’ forums, >> both national and >> international, have also lodged their protest against the >> manner in which >> Sri Mahato was arrested. The method of arrest has not only >> violated the >> Supreme Court’s directives pertaining to the methods of >> any arrest without >> arrest memo (Justice D.K.Basu Vs Government of West >> Bengal), but also >> trampled underfoot section 50A(inserted in 2006) of the >> Criminal Procedure >> Code, and Article 22 of the Constitution of India. Those >> policemen who went >> to arrest Sri Mahato in the guise of scribes acted as >> imposters and deserve >> punishment under the law. >> >> >> >> We would also like to point out that the CID has also >> violated all the norms >> and principles of Anti - Torture Conventions, which are >> part and parcel of >> the international laws and to which India is also a >> signatory. For instance, >> in such conventions, it is strictly prohibited to treat any >> prisoner in any >> degrading, cruel or inhuman manner. In this case, Sri >> Mahato was brought >> from Midnapur to Bhabani Bhawan, Kolkata(CID, HQ) with his >> face and eyes >> being covered with black turban. Shifting an accused in >> such a manner (i.e., >> without allowing him to see in course of hours of journey >> in order to create >> mental pressure on him) is a complete violation of such >> principles as >> stipulated in such conventions, and such actions by the CID >> have rendered >> unauthorized punishment being meted out to Sri >> Mahato, and is thus fully >> reprehensible. >> >> >> >> Secondly, media reports also reveal that Sri Mahato has >> been subjected to >> uninterrupted, continuous interrogation. If these reports >> are true, then it >> is a clear case of violation of such Anti - Torture >> Conventions by the >> law-enforcing agencies by forcing him to pass sleepless >> nights, depriving >> him of adequate rest, subjecting him to interrogation for >> hours together >> without any break. >> >> >> >> We are also astonished to note that CID has been holding >> press conferences >> regarding “the disclosure of information” claimed to >> have been made by Sri >> Mahato. A number of objections can be raised. This practice >> is unfair and >> discriminately used against the accused, which has no right >> to counter or >> defend him. As you know, any statement made before the >> police by the accused >> has no legal value. Such practice vitiates the atmosphere >> of free and fair >> procedure of justice. Hence such selective disclosure of >> information to the >> media with the high chance of obtaining them through >> coercive methods is >> launched with the intention of creating hate campaign >> against the people’s >> movement and the leadership of Lalgarh. Such practice is >> not evident in the >> case of the Vedic Village incident, or in other >> sensitive/publicized >> episodes. Such half-truths, distortions and lies give >> sustenance to the >> media to give media trial. We urge you to stop this >> practice immediately. >> >> >> >> On top of all this, the relentless veiled threat and >> intimidation given by >> the home secretary and the chief secretary to the >> democratic people of West >> Bengal, in particular to a vast section of the people who >> lent support to >> the Lalgarh movement, is equally reprehensible and a matter >> of universal >> condemnation. >> >> >> >> Let us point out some of the arguments in their >> statements: >> >> >> >> A. To help the PCAPA is an offence. We hold >> that to help any democratic >> movement in any form is not an offence at all. Rather it is >> our fundamental >> right guaranteed by the Constitution of India. >> >> >> >> B. Attempt to show that the PCAPA and >> the Maoist Party are the same or >> deeply interconnected, and so any help given to the PCAPA >> is meant to help >> the Maoist Party, and hence comes under the UAPA. >> First, we hold that this >> attempt is intended to malign and demonize the people’s >> movement of the >> region. Second, the UAPA cannot be used in a retrospective >> manner as it is >> clearly stipulated in Section 38 of the said Act. Third, >> even if assuming, >> but not admitting, the fact that the PCAPA and the Maoist >> Party are >> interlinked, it is no legal offence to have links between >> the two, since the >> Maoist party was not banned in West Bengal till July of >> this year. Thus even >> if any tangible evidence exists regarding the connection >> between the two, >> that does not ultimately attract any penal offence. Had it >> been such, then >> Sri Mahato could have been arrested earlier. Please note >> that he held >> discussions with the government, with the Chief Electoral >> Officer in June >> itself. Thus, all such charge framed against him are false >> and an outcome of >> after-thought. >> >> >> >> C. We have already stressed that your >> administration have been trying, >> through the bureaucrats and senior police officials, to >> create a fear >> psychosis among the democratic people through intimidation >> and threats. >> Intimidation by anybody is an offence, particularly that >> too by a government >> official, that deserves punishment. The administration >> cannot be the moral >> guardian of what each citizen can do, read or write, or on >> whose side should >> he/she take or not. By indulging in such things, the >> administration has been >> trying to exercise control over our thought process itself. >> These are >> fascistic in nature and should have no place in democracy. >> >> >> >> D. To silent the dissenting voices of WB, Sri >> Prasun Chatterjee and Sri >> Raja Sokrel were arrested on the night of 5th Oct’ 09 and >> are falsely >> implicated under UAPA. This proves our apprehension, what >> we had been >> telling in no uncertain terms, that this draconian law will >> be misused. We >> demand that this law, which is succession of Rowlatt Act, >> TADA and POTA, >> should be scrapped immediately. We also demand >> unconditional release of Sri >> Chhatradhar Mahato, Sri Prasun Chatterjee, Sri Raja Sokrel, >> and all others >> arrested under this draconian law. >> >> >> >> This is an American model which the central government and >> the home minister >> P.Chidambaram are bent upon enforcing throughout the >> country. The >> government, we strongly feel, is trying to crush the >> Lalgarh movement with >> the purpose of handing over the natural resources of the >> Jangal Mahal region >> to foreign MNCs and domestic big capital. >> >> >> >> We strongly condemn and oppose this move. >> >> >> >> We urge you to withdraw the forces from the Jangal Mahal >> area, initiate a >> dialogue with the PCAPA and others, and withdraw the UAPA >> and set >> Chhatradhar Mahato and other political prisoners free. >> >> >> >> Regards, >> >> >> >> >> >> >> >> (Sukhendu Bhattacharyya) >> >> >> >> (On behalf of all individuals and organizations) >> _______________________________________________ >> Foil-l mailing list >> [email protected] >> http://insaf.net/mailman/listinfo/foil-l_insaf.net >> > > > > --~--~---------~--~----~------------~-------~--~----~ You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. 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