---------- Forwarded message ----------
From: Kannabiran KG <[email protected]>
Date: Mon, Oct 12, 2009 at 10:49 AM
Subject: [humanrights-movement:2042] BALAGOPAL
To: [email protected]



--
K.G. KANNABIRAN
National President, PUCLDear friends,
 Balagopal was very close to me My close association started in 1983
when he was elected to the APCLC as its General Secretary and we were
together until 1993 when after around fifteen years I insisted that I
should be permitted to step down Our meetings used to be almost daily
during the ten year period .In 1994 I was elected President of PUCL
and we were operating in the same sphere and we used to meet often and
exchange notes. After his entry into APCLC we continued to fight human
rights violations with more determination. He was possessed of a fine
mind that commanded his pen. He assisted me, to commence with in the
Warrangal Enquiry Commission against police excesses. By the time he
had acquired a law degree from Bangalore and Babiah managed his
attendance. It was in Warrangal that I bought his first black coat
that would enable him to sit beside me and assist me. I later moved
for his enrolment as advocate and  he helped me in the ‘ Bangalore
Conspiracy case agaist Naxalites  and that ended in a total acquital.
When Deen Dhar Anjuman was banned under the Unlawful Activities Act
1967 we appeared before the tribunal constituted under the ACT We had
the sittings at Hyderabad Bangalore and Delhi. And the matter is
pending in the High Court

He was mauled and beaten by the police quite a few times and these
never demoralized him. I distinctly remember when the First Chairman
Ranganath Misra along with Justice Fathima Beevi held their sitting in
Hyderabad , they visited Warrangal for one day. When the Commission
was holding the sittings in one room in the other in the presence of
people present there Balagopal who was present was pummeled in the
other room and the press reported the fact and Chairman was hesitant
of taking cognizance of the fact. In the evening I talked over the
phone about the incident and he was not willing to proceed against the
police. He was going to Nalgonda the next day and I told him that I
will be at Nalgonda the next day and when I was asked to sit next to
the Members there was protest and I went down from the elevated
platform I was surrounded and fisted in the presence of the Chair
person and the other member . He saw this but was helpless and left in
a huff  Any way in the full dressed enquiry in the guest house  at
Hyderabad on four encounters  they held that  three encounters were
homicides required investigation and prosecution and in one incident
they held we could not prove. The State Government never complied with
the REPORT.We have been challebging  the encounter killings at various
levels . In 1997 we secured a judgment which recognized that these
killings were homicides and needs examination Later a full bench
reversed this decision  with some wishy washy reasoning and so it was
referred to a larger bench of five judges  In the larger Bench we ared
and placed our views along with other colleagues and they returned a
unanimous verdict that the need to be investigated after the crime is
reported and that is pending in the Supreme Court.. In all these
matters we were aooearing together.

He was the only poor peoples lawyer and acquired a considerable file
What is important is that poor people also could engage competent
lawyers, perhaps as competent and perhaps much more committed than the
lawyers for the affluent. This tradition receives a set back by his
sudden death.

We had initiated the trend of looking at law and the Constitution
quite radically and Balagopal carried this trend forward and argued in
a way that would embarass  the sensitive among the judges . This
jurisprudence of insurgence we brought on to the Agenda received a set
back on his untimely death . I have grown old and weary and he died an
untimely death.

He built up a credibility which assures respect from judges. He was a
person of tremendous physical and moral courage. He remained untouched
by stage encounters  because of his moral stature and the fearlessness
that it brings in its train. I weep for Balagopal --he is dead.

A long time back, when I was busy with the Commission of Enquiry
chaired by Vash ishta Bhargava in 1978-79 Comrade Sundarayya used to
visit me in the evenings. I used to discuss with him politics of the
communist movement. One day I told him that the days are nearing for
him to draw a balance sheet of his life and how did he propose to do
that . He was old and after talking about the split in the movement he
told me that several brilliant young people were shot and tears
welling in his eyes continued “and for the people to produce even one
such leader it might even take a hundred yearThat would be the scale
of set backs”. That statement comes to my mind . To find another like
Balagopal it might take another ten decades. He was a good friend
though he is a  quarter century younger. A brilliant Candle
extinguished before its time.
 kgk

Plot 300, Street 6, E. Marredpalli
Secunderabad 500 026, AP
Phone: 040-27730632





-- 



You cannot build anything on the foundations of caste. You cannot
build up a nation, you cannot build up a morality. Anything that you
will build on the foundations of caste will crack and will never be a
whole.
-AMBEDKAR



http://venukm.blogspot.com

http://www.shelfari.com/kmvenuannur

http://kmvenuannur.livejournal.com

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