Binayak: he must be given bail now . Why ?‏

Written on  14 May 2009

 To The Editor

 Indian Express

 Your edit ‘Two years on’(May 14) on Binayak Sen smacks of undue pressure on the Supreme Court when you say “he must be given bail now.” Has the Express crossed the Laxman rekha in disregarding the due process of law when Sen has been charged with serious offences? Is this not a direct interference by a newspaper in the administration of justice? 

 It must be remembered that Sen was arrested under the Chattisgarh Special Public Security Act, and the Unlawful Activities (Prevention) Act, . He has been accused of passing letters from the Maoist leader to operatives outside the jail, possession of materials that show allegiance to the outlawed group and helping rent an apartment for some of its members. These are indeed quite serious charges. Why then should a newspaper of your stature seem to put undue pressure on the judiciary by such editorials. Whether bail to Sen or not is left to the honourable judges to decide. The hearing should logically culminate into a verdict. This is what the law-abiding citizens of this nation expect from courts.

  Sen is no common undertrial – there are cases of undertrial languishing in jails for 14 years and above – and Sen has just been in jail for two years. You seem to be carried away by the character certificate of 22 Nobel laureates, a host of Indian MPs on which youpresume Sen not guilty and if this becomes a norm every culprit will bring in character certificates to influence the judiciary. This is strange coming as it does from a newspaper of your repute. Sen’s bail petition is coming for hearing this Friday. What was the need to> champion Sen’s cause with such undue haste?

 It is well known that Naxals have killed thousands of innocent policemen and civilians through brutal warfare. They are enemies of the state. Strangely you admit in your editorial that Sen’s supporters are accusing the Chattisgarh government of resorting to draconian methods. This itself proves that Sen and his supporters are sympathizers of Naxal movements. Yet, for some mysterious reason you agree with their viewpoint thereby casting aspersions on the government’s unrelenting fight against the Naxals. 

 Media trial in this country has become a Roman circus. But this is probably the first case where a newspaper has moved beyond reason to direct the Supreme Court “he must be given bail now.”  Is it not a calculated attempt by some leading TV channels and newspapers airing favourable stories/editorials against powerful law-breakers exactly two or three days before the case is slated for hearing. It was never ever expected from a newspaper of your repute.

V K Saxena

President

National Council for Civil Liberties 

Binayak Sen : Judgement on judgement by Media.

Written on 31-12-2010

 Posted on Blog 22-6-2010

Raipur court in a landmark judgement sentenced Binayak Sen for life term for his association with Naxals, which has ended once for all, all speculation of his innocence, as projected by some self-proclaimed human right activists & selected media group.

 Article of Mr. Pravin Mishra "Captivation the conscience" Ahmedabad Mirror (31-12-2010)is based on his sentiments. Projecting Sen as nation's conscience is highly objectionable. It seems Pravin has not gone through the judgement of and wrote this article without knowing that courts go by evidence not by sentiments.   

It must be remembered that Sen was arrested for seditious activities such as passing letters from the Maoist leader to operatives outside the jail, possession of materials that show allegiance to the outlawed group, helping rent an apartment for some of its members & helping in opening bank accounts. Above all, Sen met Sanyal, a well-known Naxalite, 32 times in jail in 2months i.e. alomost every alternate day either as his relative or as a friend. This fact has not been denied by Sen himself. Leaving apart all other charges, this act alone proves that Sen was deep into Naxalism & was working as a conduit under the garb of social activists. Still media was putting undue pressure on the judiciary through favorable editorials before the verdict.

It is well known that Naxals are enemies of the state involved in killing thousands of innocent policemen and civilians. Still Sen was projected, for some mysterious reason, a great human right activists, thereby casting aspersions on the judiciary by calling the judgement erroneous & or lacking judicial conviction. 

This is for the first time a powerful law-breaker has been punished, I am sure in future many more such sympathizers of Naxals will face the trial.

V K Saxena 

President

National Council for Civil Liberties

These can happen only in India

Released in November 2010. 

Media getting judgemental on Binayak Sen.

Written on 12Jan.2011 

Posted on Blog on 13June2011

Pritish Nandy's article "Lets not use the S word" (AT 12th January)is based on his suspicion that BJP govt. in Chattisgardh directed Raipur court to prosecute Binayak Sen as if the courts of Chattisgardh are working directly under it. Nandy is a well-known journalist with sound legal knowledge. He should know that Raipur court in a landmark judgement sentenced Binayak Sen for life term for his association with Naxals, which has ended once for all, all speculation of his innocence, as projected by some self-proclaimed human right activists & selected media group.

   

It must be remembered that Sen was arrested for seditious activities such as passing letters from the Maoist leader to operatives outside the jail, helping rent an apartment for some of its members & helping in opening bank accounts. Above all, Sen met Sanyal, a well-known Naxalite, 32 times in jail in 2 months i.e. alomost every alternate day. These facts are on record & have not been denied by Sen himself during cross examination. Leaving apart all other charges, this act alone i.e. Sen met Sanyal 32 times ,proves that Sen was deep into Naxalism & was working as a conduit under the garb of social activists. Nandy forgot that once even Supreme court denied him bail.

When Maoist blew up a bus in Dantiwada, killing 50 people, Law Minister Veerappa Moily said "unrealistic judicial activism is one of the main reason for increased naxalism in the country".Still media is putting undue pressure on the judiciary through favorable editorials. He cannot get away lightly on account of being a doctor or a human right activists.Sen was no uncommon under trial when few journalists seems to be carried away by the character certificate of few noble laureates, a host of Indian MP's on which they presumed Sen not guilty.

 

Naxal scourge has spread and afflicts seven states on Indian union. The enemy today that threatens our unity and integrity is within our midst. A challenge like the one from Naxals from outside the country could have been taken head-on. However, given the reach and spread of human rights activists in scuttling concrete action against the menace, the time has now come to show a determined face so that Naxals/maoist do not stage another one of their gory depredation.Maoist/Naxals have challenged the sovereignty of the country, thanks to the overt and covert support from so called human rights activists.

 

Naxals are enemies of the state involved in killing thousands of innocent policemen and civilians. Still Sen was projected, for some mysterious reason, a great human right activists, thereby casting aspersions on the judiciary. Let us hope the higher judiciary will not take a note of a relentless media criticism of the judgement.   

Most of the activists rise to fame have been through fake struggles & media management. After this judgement these so called social workers, who made the most in exploiting sentiments of poor & illiterate in the past, are now running for cover.

This is for the first time a powerful law-breaker has been punished, I am sure in future many more such sympathizers of Naxals will face the trial and columnist like Nandy will refrain from projecting a convict as a great social activist.   

V K Saxena 

President

 National Council for Civil Liberties

401 Vraj Avenue, C - 2 Swastik Society,Navrangpura, Ahmedabad - 380 009

Phone +91-79-26560979, Fax +91-79-26401892 

web: www.ncclindia.org e-mail: nccl27@hotmail.comex

Terrorism - Butts of abominable terror and Bhatts in unpardonable error

                                                            Date:  07/06/2011

Shri. A.P. Singh

Director,

Central Bureau of Investiagetion. (CBI)

Lodhi complex.

New Delhi.

Question 1: Does the behaviour of Mahesh & Rahul Bhatts directly and indirectly help Pakistan based terror to spread in India?

Question 2: Are the famous Mahesh & Rahul Bhatts easy conduits for conspirators and terror planners?

Dear Mr. Singh’;

In the Headlines Today TV debate on May 24 renowned Indian filmmaker Mahesh Bhatt was asked whether the Pakistani spy agency Inter-Services Intelligence (ISI) should be declared a terror organization following David Coleman Headley's startling revelation in a Chicago court that ISI had provided support to terror group Lashkar-e-Taiba (LeT) in carrying out the deadly 2008 Mumbai terror attack. Surprisingly Bhatt’s answer was a convoluted one which in essence meant that nothing should be done to ISI and should be given a chance . He refrained from giving a categorical answer to so obvious a question.

The evidence against ISI has been piling up rapidly and the world knows how dangerous the ISI has become. Yet a usually garrulous Bhatt refused to be drawn into giving a straight answer despite the fact that Headley had met even his son Rahul Bhatt while he was in Mumbai on a recce and Rahul is said to have hobnobbed with him freely. Rahul’s cell no was found in Headly’s hand written private diary in which nos of others important terrorist & ISI officials were mentioned. 

Despite the father being evasive and seemingly going against the country’s interest in his open love for Pakistan, Rahul Bhatt in a statement published in Times of India, Ahmedabad on 26^th May, said, "The son has to pay for his father's crime. That's the cost of being the son of Mahesh Bhatt, who is pro-Pakistan and has been promoting that country”. 

What does Rahul mean by “his father’s crime?” The people of India must be taken into confidence and all links of Mahesh Bhatt needs to be probed thoroughly even whether he is working as an agent of Pakistan. His love for Pakistan has now become a legend and he has been blatantly promoting Pakistan artistes in India and one of them - Rahat Fateh Ali Khan was held at Delhi airport on February 13 for carrying undeclared amount of foreign currency. The ramifications are many and it is the duty of the CBI to probe the leads without any political hindrance.

It is insensitive and sinister of Rahul to say that Headley made him famous. "I became infamous first and famous later because of him. Today, if I am considered a celebrity fitness instructor, it is because of that case.'' Even after this damaging statement why is the CBI not taking up the inquiry suo moto?

In Rahat case too, Mahesh Bhatt was hooting for cultural exchanges with Pakistan to continue in the “larger interest of the people of the entire region.” To what purpose when Pakistan wants India dead?  For reasons known to him, Bhatt has been promoting maximum Pakistani artistes in india and his relationship with Pakistanis is not something innocuous but goes beyond the call of film industry which requires a probe to rule out the chance that he is not acting as an enemy within? Or could he be working under the garb of Indian film industry as an agent of ISI?

Even Salman Rushdie after the Abbottabad incident when bin Laden was killed by the Americans said that Pakistan should be declared as a terror state. Then why is Mahesh Bhatt hiding behind false niceties? If anything, he seems to be more communal than anyone if his activities are anything to go by.

On 27 May 2011, Hindustan Times and other newspapers reported that Headley had cautioned Rahul Bhatt not to go to South Mumbai on 26/11.  Why would he do that, if it was not to protect a friend?  Headley has even said during enquiries that he had planned to take Rahul Bhatt to the tribal areas of Pakistan and recruit him as an agent of ISI in India.  All these means that the bonhomie was thick and Rahul had vibed well for the initial angling of Headley in that direction.  It is also possible that he had discussed these things with his father Mahesh Bhatt and had his moral support as the senior Bhatt has the distinction of being very sympathetic to the cause of Pakistan.

The nation has witnessed in the recent past that it has become an unfailing practice with celebrities caught in the act of illegal actions to dismiss the issue as one of the harassment by the Government & authorities. We have also seen enough of the brazen ways of the celebrities in collecting support to themselves amongst their ilk in order to pressurize, stun and numb the democratic course of law. Errant cricketers, film artists and cultural ambassadors have all trodden this path by which they attempt to overwhelm the process of justice with their fame, name, riches & public aura. If this were to be in the USA, Bhatts would have been under custody by now, answering tough questions on their thoughts and roles in directly or indirectly promoting terrorist actions.  

In matters as sensitive as these, the celebrities have to show caution in their words and actions.  But due to the blatant failure of caution from their side, the agents of ISI and divisive forces from Pakistan have taken advantage under their celebrity shadow. 

I appeal to you to kindly see this issue in its proper prospective. I appeal to you to strengthen the moral standing of the people in the enforcement agencies & to come down heavily on those who indulge themselves in unpatriotic chauvinism. I also appeal to you through this letter/notice to recognize the seriousness of this matter & investigate the whole issue in the larger national interest to unearth the conspiracy, if any.  

Your goodself will agree that Bhatts owe an answer to the nation through CBI or under a PIL that could be filed in the Supreme Court, if, no tangible action is taken to unmask these people.

V K Saxena 

President

 National Council for Civil Liberties 

Ahmedabad - 380 009 

web: www.ncclindia.org

e-mail: nccl27@hotmail.com

BLOG: vksaxena-nationfirst.blogspot.com

     

ANNA YE TUNE KYA KIYA ??

Written on 11/04/2011

                     The 1.21 billion people nation felt united like in the days of Gandhi ji when Anna went 'ann na' at the spooky named Jantar Mantar in the capital, demanding for a legislative bill against corruption.  The nation handed over the hardest soft power to the frail Gandhian and believed that he will root out corruption which is deep-rooted in our society.  Little did anyone know that in five days, one of the biggest movements of modern India will meekly wind up with the formation of a committee that has two innocuous sides - one side that is enslaved to dynastic rule and the other side that has an in-built dynastic dimension. The Government side is headed by a wily politician who specializes is laying winding paths like 'jalebis' even for simple straightforward destinations and amongst the members are the Home Minister and Law Minister,  The Non-Governmental side is comprised of a dynasty of father and son and Anna himself in addition to others. For all the 1.21 billion people, it is shame that we cannot look beyond dynasties, families and spineless faithful even when we have to draft an epoch-making law to thwart corruption.  I am sure this will wash off as yet another hyped affair.  And those who had taken a brief break from demanding bribes will have already begun their work with an inflated price.

                      While most members of the Committee look either senile or clueless or complacent or harmless at the outset, Prashant Bhushan is the epicenter of concerns, because he is the one who is not senile or clueless or complacent or harmless. He is facing 'contempt of court' and is not discharged from the Apex Court on the matter, as yet.  His ideologies are vastly sympathetic to Maoists and has visibly shared platforms with the likes of Medha Patkar who has advocated the cause of Naxal movement & is known anti-development in India

                     The father-son dynastic duo on this anti-corruption committee is the anti-climactic tragi-comedy of Anna's making.  If there is such a thing called the 'call of the conscience, Prashanth Bhushan should step down from the responsibility.  Social causes are not family causes and social affairs not family affairs.  If at the end of this grandly orchestrated national task emerges 'anarchy' and constitutional impropriety, the laughing hyenas of the corrupt corridors of Governance will bleed us all.  If we cannot escape from dynasties, we are sure to 'die nasty'.

V K Saxena 

President 

National Council for Civil Liberties 

NCCL welcomes S.C. order on NBA‏

Written on 17/05/2011.

It is often said better late than never and therefore it comes as no surprise that the Supreme Court should speak the truth about Medha Patekar led Narmada Bachao Andolan for misleading the judiciary on the issue of land acquisition for Omkareshwar dam Project in Madhya Pradesh (PTI report, May 12, 2011). The apex court has gone one step further in asking all courts across the country to be cautious in examining NBA petitions. "It is desirable that in future, the courts must view any presentation by the NBA with caution and care and in case it has any doubt, refuse to entertain the NBA," the apex court has said. 

The National Council for Civil Liberties (NCCL) has been saying this right from the beginning that NBA is a fake organization and has been exposing it for the past 11 years pointing out that the NBA and Medha Patkar have been foreign friendly, foreign supported, and inimical to the progress of state and the country. NCCL’s struggle had begun in right earnest when it took up cudgels on behalf of Gujarat’s lifeline, the Narmada dam, as it was subjected to intense attack from Medha’s illogical crusade. Under the smokescreen of providing just compensation to the tribals, Medha was getting vicarious pleasure of seeing Gujarat’s lifeline coming close to being aborted so that the state slides back to perpetual backwardness and poverty. Her action was against established norms of civil decency as she was clearly involved  and with many political groups preferring to turn a blind eye to her shenanigans  in activities contrary to our national interests. This was what the NCCL had been saying from Day One that these NGOs, flush with foreign funds, are hell-bent upon bringing disrepute to this nation by harming the progress of Gujarat.

In the backdrop of the apex court observation it would be proper for Gujarat Government orders an inquiry into the veracity of all affidavits filed so far by NBA in the Supreme Court and lower courts against the SSP. The sooner this is done the better it would be as anti-national activities by many a NGO still continue to thrive. Gujarat was subjected to ridicule that had a bearing on its economic progress by charges of partnership flung by these NGO’s like NBA of Medha.

NCCL has fought through social, technical, legal and non-violent means to oppose & expose Patkar’s tirade & I am deeply happy that the S.C. after a thorough investigation has brought to light the truth about NBA which NCCL was telling from the last several years. I feel this important judgment will go a long way to curb the anti-development activities of many such NGO’s.

V K SAXENA

PRESIDENT

National Council for Civil Liberties,