*PEOPLE'S UNION FOR CIVIL LIBERTIES*
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29th September 2022
*Operation Octopus: Undermining Democracy*
*PUCL condemns the Mass Raids, the Arrests of PFI leadership and cadre and
the Ban on the PFI*
The PUCL is deeply concerned about the implications for democracy and the
constitutional rights of freedom of speech and association in the light of
the ongoing `Operation Octopus’ which is being carried out against the
Popular Front of India (PFI) and its affiliates, across the country as a
joint operation of the CRPF, the home ministry, ATS, NIA, ED, RAW, State
police, and other agencies. It has consisted of mass raids being carried
out in two rounds, in more than 16 states of India over hundreds of
locations and with over 300 arrests. The raids, which have been conducted
as a media spectacle showcasing massive state power, bodes ill for a
constitutional democracy based on rule of law, pushing the Muslim community
further into fear, intimidation, alienation, and silence.
*Undermining Federalism*
At the outset it should be noted that there are serious implications
related to federalism in the way raids have been carried out and arrests
made by the Central Agencies. The local police of non BJP states such as
Tamil Nadu and Rajasthan were kept out of the operation. In fact, the TN
police were in the dark about the raid and the arrests until the very end.
Despite law and order being a state subject, the Centre arbitrarily used
the NIA trampling the powers of the state government and undermining the
Constitution
These raids were followed by a notification of the Ministry of Home Affairs
dated 27th September under the Unlawful Activities Prevention Act, 1967,
which declares PFI ‘the PFI and its affiliates the Rehab India Foundation
(RIF), Campus Front of India (CFI), All India Imams Council (AIIC),
National Confederation of Human Rights Organization (NCHRO), National
Women’s Front, Junior Front, Empower India Foundation and Rehab Foundation,
Kerala as an “unlawful association” and hence banned.
*Setting the Stage for a ban on PFI : Might of the Indian State on Display*
In a massive show of force, the Ministry of Home Affairs, Government of
India initiated and coordinated between 22nd and 27th September, raids in
more than a hundred locations in 16 states and arrested 106 people on day
one; The second round of Operation Octopus was carried out by the State
police in 8 states, mostly ruled by the BJP. Officially it has been stated
that more than 170 workers were arrested, with almost 30 in Delhi. However,
according to the PFI, over three to four hundred of its cadre have been
picked up with almost the entire top leadership at the central and state
level of the PFI and the Social and Democratic Party of India (SDPI) being
taken into custody. Many of the arrestees include professors, practicing
lawyers, and community level organizers.
According to the press note put out by National Investigation Agency (NIA)
on its website dated 22nd Sept, 2022, “…. these searches were conducted at
the houses and offices of the top PFI leaders and members in connection
with 5 cases (RC 14/2022/NIA/DLI, RC 41/2022/NIA/DLI , RC 42/2022/NIA/DLI,
RC 2/2022/NIA/KOC, RC 3/2022/NIA/HYD) registered by the NIA following
continued inputs and evidence that the PFI leaders and cadres were involved
in funding of terrorism and terrorist activities, organising training camps
for providing armed training and radicalising people to join banned
organisations. RC 3/2022/NIA/HYD, was initially registered as FIR
no.141/2022 on 04/07/2022 at Nizamabad PS, Telangana against over 25 PFI
cadres”.
*The Raids: A means to instil fear in the Muslim Community*
The disproportionate nature of the response to the PFI was visibly seen in
the ongoing mass raids undertaken all over India. Mostly late into the
night busloads of armed CRPF suddenly set up blockades in Muslim dominated
residential localities, closing access to streets where the raid was to
happen, they were under siege for several hours. The idea was to intimidate
and terrorize the entire Muslim community, by the display of weaponry and
security gear. The police also promulgated sec 144 in some areas, like in
Jamia Nagar, Delhi, where it is in force till Mid November 2022. This, in
effect, ensures that protests and other democratic expressions of opinion
are curtailed.
Past record of the FIRs not bearing critical scrutiny.: The example of the
Bihar Arms Training case of the PFI
In July of 2022, the Bihar police registered two FIRs naming 26 Muslims
under “anti-national and terror activities” charges of the IPC in Phulwari
Sharif in Bihar. The arrests were carried out just before the visit of
Prime Minister Narendra Modi to Patna. The case is now with the NIA. One of
the FIRs accused a member of the Popular Front of India (PFI) of “running
arms training in the garb of martial arts.” The other FIR named one Muslim
youth who was “mentally ill”, accusing him of “running an anti-India
WhatsApp group”. The police also alleged that they found a PFI document
claiming that India would become an Islamic nation by 2047.
The fact finding conducted by the Bihar state PUCL branch found that “prima
facie no arms training, terror activities or radicalising youth was being
undertaken in Phulwari Sharif area of Patna district.” The report also
deplored the vilification by the media of the Muslims living in Phulwari
Sharif. For instance the Hindi daily, Dainik Bhaskar which repeatedly
called “Phulwari Sharif”, the sacred garden as “Aatank ki Phulwari” the
garden of Terror. They concluded that the Bihar police’s charges were
baseless. The false narrative of terror was built up by the media in
support of the Bihar Police’s fabrication of the FIR and false arrests.
*The unconstitutional ban on the PFI: Examination of the Notification*
If the FIR’s do point to cognizable offences, the resort to a ban by
notification is disproportionate and arbitrary in nature. This sweeping
response takes within its ken all activities of the PFI and its affiliates
regardless of whether those activities fall within the framework of the
Indian Constitution. The right approach in a constitutional democracy is to
respect a plurality of forms of speech and association, including
organisations and voices which express disagreeable opinions.
• The notification for example states that, ‘they have been pursuing a
secret agenda to radicalize a particular section of the society working
towards undermining the concept of democracy.’ A democratic state’s
response to perceived radicalization cannot be in the language of ban,
which is a means of betraying the very values of the Constitution which we
are claiming to uphold.
• It is not the PUCL’s case that criminal acts should not be punished. Our
emphasis is that the due process should be administered in an unbiased,
non-discriminatory, fair and firm manner. In the incidents of the murders
of specific individuals named in the Notification, viz., Sh. Sanjith
(Kerala, November, 2021) or Sh. Praveen Nettaru (Karnataka, 2022), the due
process of law should be followed and the guilty (whether they happen to be
PFI members or not) should be punished in accordance with law. To link
these murders as a justification for a ban is perverse and an arbitrary
state response.
*The consequences of the ban*
The UAPA is a law which criminalizes guilt by association. Ordinary Muslims
can now be arrested under sec. 10 of the UAPA on the grounds that he or she
is a ‘person who is and continues to be a member of the association’ or
that he or she ‘contributes to or receives or solicits money for the
purpose of such association’. This is not an idle speculation but borne
out by the two decades long history behind the ban on a range of Muslim
organisations from SIMI onwards resulting in many innocent Muslims youth
and leaders being surveilled, criminalised, detained and arrested under
UAPA in the name of being members of either SIMI, the Indian Mujahidin or
Daesh (IS) based on flimsy evidence.
The world’s largest democracy should not resort to the politics of banning
when it comes to organisations and viewpoints which it considers as
‘anti-national’. Instead India should demonstrate that as a functioning
democracy there is no discrimination on grounds of religion. That is the
only sustainable way of preserving ‘unity, integrity and fraternity amongst
Indians’. The unity of India depends upon how Indian state and society
ensure that the promise of a plural and inclusive nation is delivered to
all its citizens. Bans are no solution.
*The PUCL demands that*
• The ban be revoked, and a dialogue be established
with the PFI.
• All the arrested persons be released.
• Desist from an arbitrary utilization of the power of
arrest to target Muslim youth on grounds of
membership or support of PFI and its affiliates
• Repeal the unconstitutional Unlawful Activities
Prevention Act and also the NIA Act, in toto. In
the interim, the NIA Act should be amended to
ensure that the concerned State Government is
consulted, and consent obtained before the NIA and
MHA, Government of India chooses to
launch a raid or arrest a resident in the concerned
state.
29th September, 2022 V. Suresh, General Secretary
PUCL
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