[In fact:
<<(M)ere membership of a banned organization cannot incriminate a person
unless he is proved to have resorted to acts of violence or incited people
to imminent violence, or does an act intended to create disorder or
disturbance of public peace by resort to imminent violence.>>
(Excerpted from: 'Arup Bhuyan vs. State of Assam; decision dated 3-2-2011
of Supreme Court in Criminal Appeal No.889 of 2007 – held applicable.' p.
1-2 at <
https://www.supremecourtofindia.nic.in/pdf/SupremeCourtReport/2011_v4_pii.pdf
>.)

But the Hindutva gang want people they detest be just silenced, by whatever
- howsoever ridiculous, means, by whomsoever - state or non-state actors.
That's the long and short of their whatever arguments (sic).

That's what drives one to file a police complaint against Girish Karnad as
the epicentre of Maoist activities in Karnataka!
That's what needs be clearly acknowledged.

<<Take just a few examples. Public prosecutor Ujjwala Pawar pronounced in
court that Arun Ferreira — one of the five activists she tried to arrest —
had held photo exhibitions about mob lynchings, which created
“anti-government opinion among young minds”. Ferreira tried to convince
“young leaders”, she said, to meet Varavara Rao, another of the activists.
Besides, she also claimed, the activists had formed an “anti-fascist front”
aiming to overthrow the government.
As Pawar herself must know, holding photo exhibitions — even of mob
lynchings — is not a crime. Creating anti-government opinion is not a crime
(if it was, everyone who complains about potholes, for example, would break
the law). Persuading “young leaders” to meet someone — whatever that may
mean, whoever that is — is not a crime. And if this “anti-fascist front”
really exists, Pawar is actually calling this government fascist. Not only
should she explain that, but by being anti-fascist, this “front” is
standing up for India and its constitution.
But as Pawar herself also has to know, none of these arguments will hold up
in any reasonable court. So why does she make them?
For the same reason the prosecution produced piles of made-up and flimsy
“evidence”, and innumerable insinuations, while prosecuting Binayak Sen.
Yes, none of it would have persuaded any reasonable court. But this one in
Chhattisgarh was enough in awe of the political powers-that-be in that
state that it passed a judgement — sentencing Sen to life imprisonment —
that makes as little sense as the “evidence”. That, some three years after
his arrest. Nearly eight years later, the case still languishes. The
torturous judicial process itself, more than the sentence that came down,
is the punishment the state sought to mete out to Sen.
And that’s the goal now, with the Pune police’s efforts: to harrass these
activists by entangling them in court.
And in that pursuit, they are helped along no end by every one of us stupid
enough to think having sympathies, even Maoist ones, is a crime.>>]

http://forceindia.net/guest-column/all-that-is-not-a-crime/

All That is Not a Crime
There is no law against sympathising with an ideology, even Maoist

Dilip DSouza

A few months after the 9/11 attacks, I attended a press conference of some
kind in Bombay, I can’t remember what. Towards the end, an intrepid
journalist put up his hand and yelled: “They are displaying posters of
Osama bin Laden! When are you going to arrest them?”

I wasn’t sure who he meant by “they”, nor even who he meant by “you” — the
conference had been called by two retired judges — but I was intrigued by
this demand. So when I got a chance, I made my way through the room to his
side and asked: “What do you want them arrested for, again?”

“For displaying posters of Osama!”

“Got it,” I said. I had heard him correctly the first time. “But tell me,
what’s the crime here?”

“Displaying Osama’s posters!” he spluttered.

“But what’s the crime in that?”

Unable to splutter any more, he looked at me, bewildered and incredulous
that someone might actually challenge his demand.

“There’s a law!” he said finally. “Give me your number. I’ll call you
tomorrow with what it is, exactly.”

I gave him my number and made sure to take his as well. A few days later,
there was nothing from him, so I called. He repeated his promise to tell me
“tomorrow”. As you can guess, most of 17 years later, he hasn’t called.

Why? Because there is no such law. There is no law against displaying a
poster of anyone, Osama included. I mean, I’m sure the man finds Osama
and/or his images repellent — so do I — but not even such distaste makes
merely putting up a poster of Osama a criminal act. Nobody who knows the
law would, in their right mind, seek to arrest someone for doing so.

In fact, I believe it’s not even about knowing the law. It’s about knowing
the spirit and meaning of democracy — the form of government that, for
better or worse, for every imperfection in theory and practice, we Indians
have chosen. In a democracy, you cannot have a law that makes displaying an
image a crime. It’s that simple.

In much the same way as that journalist did over Osama images, plenty of
people loudly demand punishment for those who have “Maoist sympathies”.
This call found renewed vigour, of course, at the end of August, when the
Pune police raided the homes of activists and lawyers across the country,
and sought to take five into custody. This is not the place to dissect the
reasons the cops proffered for this action, to the extent they were able to
proffer any. Instead, I want to first focus on the substantial approval
their actions found among citizenry of a certain persuasion. You know whom
I mean: folks who like to wave about epithets like “sickularist”, “libtard”
and “urban Naxal”. For these people, the epithet is enough. Using it
absolves them of any fidelity to logic, reason, or indeed the law itself.
So it’s no wonder they graduate from what they think is abuse to what they
think is a crime to be punished, and in the process offer me plenty of
moments similar to the one with the journalist who never called.

“Maoist sympathizers”, they say, lip curling. “Must be arrested.”

Not during a press conference, but through a couple of days in late August,
I had arguments on Twitter with a few people — just like with the
journalist who never called. “Dream up” whatever names you like, I said in
a tweet — “‘urban naxal’, ‘half-Maoist’ and ‘sickularist’”. Those are just
words, after all, and if people want to fling them about that’s their
prerogative. But “even if you have ‘Maoist sympathies’, what is your crime?”

Here’s a sample of the handwaving that resulted, via tweets, direct
messages and even email:

* “Having maoist sympathies [is] not a great idea.”

* “Supporting Maoists may not be a direct crime, but enabling them to
unleash violence against the state certainly is.”

* “Sedition.”

* “Being a naxal is a crime and … maoists need to be terminated asap.”

* “Being a maoist sympathiser is ughh.”

In other words, the only actual crime anyone cited in response to my query
was “sedition” (no, “ughh” isn’t a crime either). And even there, there’s
no understanding of how sedition is defined in our laws and what our courts
have said about it. Quite apart, that is, from the argument over whether
sedition should be a crime in the first place. The point, at the risk of
overemphasizing it? Having “Maoist sympathies” is no crime, just like
having “capitalist sympathies” or “BJP sympathies” or “Hindutva sympathies”
is no crime. The Supreme Court of this country itself has made this clear.
While granting bail to Binayak Sen in April 2011, the two-judge bench
observed:

“[Sen] may be a [Maoist] sympathiser, but it (does) not make him guilty of
sedition. The worst that can be said is that he was found in possession of
general documents (sympathetic to Naxalism), but how can it be said that
such possession would attract the charge of sedition? If someone has an
autobiography of Gandhi … will he be called a Gandhian?”

Now showing up the foolishness of a gaggle of Twitter jockeys is one thing,
of course. The real problem is that essentially this argument about
“sympathies” — along, as it happens, with displaying images — is what is
officially being used by the Pune police.

Take just a few examples. Public prosecutor Ujjwala Pawar pronounced in
court that Arun Ferreira — one of the five activists she tried to arrest —
had held photo exhibitions about mob lynchings, which created
“anti-government opinion among young minds”. Ferreira tried to convince
“young leaders”, she said, to meet Varavara Rao, another of the activists.
Besides, she also claimed, the activists had formed an “anti-fascist front”
aiming to overthrow the government.

As Pawar herself must know, holding photo exhibitions — even of mob
lynchings — is not a crime. Creating anti-government opinion is not a crime
(if it was, everyone who complains about potholes, for example, would break
the law). Persuading “young leaders” to meet someone — whatever that may
mean, whoever that is — is not a crime. And if this “anti-fascist front”
really exists, Pawar is actually calling this government fascist. Not only
should she explain that, but by being anti-fascist, this “front” is
standing up for India and its constitution.

But as Pawar herself also has to know, none of these arguments will hold up
in any reasonable court. So why does she make them?

For the same reason the prosecution produced piles of made-up and flimsy
“evidence”, and innumerable insinuations, while prosecuting Binayak Sen.
Yes, none of it would have persuaded any reasonable court. But this one in
Chhattisgarh was enough in awe of the political powers-that-be in that
state that it passed a judgement — sentencing Sen to life imprisonment —
that makes as little sense as the “evidence”. That, some three years after
his arrest. Nearly eight years later, the case still languishes. The
torturous judicial process itself, more than the sentence that came down,
is the punishment the state sought to mete out to Sen.

And that’s the goal now, with the Pune police’s efforts: to harrass these
activists by entangling them in court.

And in that pursuit, they are helped along no end by every one of us stupid
enough to think having sympathies, even Maoist ones, is a crime.

- By Dilip D'Souza - [email protected]
-- 
Peace Is Doable

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