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Three attack Prashant Bhushan for Kashmir remarks
Attack on Prashant Bhushan is Condemnable (PUCL)
Violence is not the way to express your point of view in democracy (National Alliance of People’s Movements)
Police Intimidation of Rohit Prajapati, Environmental, Human Rights and Trade Union Activist of Gujarat
PUCL Condemns Raid at the House of Kavita Srivastava at Jaipur
Undemocratic and arbitrary (The Hindu)
ibnlive.in.com, Oct 12, 2011 at 06:25pm IST
Three attack Prashant Bhushan for Kashmir remarks
CNN-IBN
New Delhi: Senior lawyer and Team Anna member Prashant Bhushan was beaten up by three people inside his chamber in the Supreme Court on Wednesday. Bhushan was assaulted by the trio belonging to a little known outfit Bhagat Singh Kranti Sena, which claimed that the lawyer was beaten up because of his comments on the removal of the Armed Forces Special Powers Act from the Kashmir Valley.
Three activists belonging to the Bhagat Singh Kranti Sena barged into Bhushan’s chamber on Wednesday afternoon claiming that they had an appointment with him and brutally assaulted him.
The attackers pulled the lawyer out of the chair, slapped, dragged and repeatedly punched him. Even after Bhushan fell down the attackers kept on hitting him with their legs. Bhushan’s shirt was torn and his spectacles fell when he was roughed up.
One of the attackers has been arrested while the other two managed to escape. He has been identified as Inder Verma belonging to Nangloi in New Delhi.
Verma claimed that he and his associates had only come to seek Bhushan’s explanation on the comments but they were attacked by the lawyer’s aides.
Bhushan, who has been taken to the Ram Manohar Lohia Hospital, was attacked while he was giving an interview to a news channel.
The outfit has taken responsibility for attacking Bhushan.
"We are taking responsibility for beating Prashant Bhushan for his statement against national integrity," Tajinder Pal Singh Bagga of Bhagat Singh Kranti Sena said.
The outfit also updated its Facebook page claiming responsibility for the attack.
"We hit Prashant Bhushan hard in his chamber in Supreme Court. If u will try to break my nation, I will break ur heads," the Facebook status update said.
Delhi Police has filed an FIR against the arrested person and are investigating the case.
The attacks also raises questions about the security of the lawyers’ chambers.
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Peoples Unions For Civil Liberties
Attack on Prashant Bhushan is Condemnable
PUCL strongly condemns attack on Prashant Bhushan in his chamber in the Supreme Court today. It is an despicable act by those who have no faith in freedom of speech and expression enshrined in our constitution . PUCL believes that these elements have got encouraged recently due to soft handling of them in past by various state governments - irrespective of political party in power- in certain parts of the country. It is precisely because of this that these intolerant elements have assumed threatening proportions. PUCL demands that the central government must take strict actions against these elements and set an example of them so as to prevent repeat of such incidents in future.
Pushkar Raj
National General Secretary, PUCL
PUCL National Office:
270 A, Ground Floor, Patpar Ganj, Mayur Vihar I, Delhi 110091
Ph. 011 22750014, 09810656100
www.pucl.org
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National Alliance of People’s Movements
Violence is not the way to express your point of view in democracy
New Delhi, October 12 : The attack on Prashant Bhushan, a senior advocate and rights activists is extremely condemnable and only shows the growing intolerance and contempt for any differing opinion in a democratic country. Violence is not the way to express one’s point of view in democracy.
"Bhagat Singh Kranti Sena" which owned the attack proclaims itself as “a team of guys who are crazy for nation, those who can do anything for Nation. A task force against traitors, anti-nationals & corrupts. A team of people, those who are ready to take any action to teach anti-nationals & traitors.†It is extremely condemnable that a group using the name of Bhagat Singh and in the name of patriotism resorts to such action. We condemn such a heinous attack. In the name nationalism and patriotism such acts can’t be tolerated and those responsible for the act must be brought to book and strict action taken against them.
Millions of young people propelled by the duty towards the nation came on the street during the anti-corruption agitation, where Prashant Bhushan played a key role, but they respected the principles of non-violence, peace and freedom. We urge every one of them that patriotism doesn’t mean vanquishing of those who differ from us. India is a country with diversity of opinions and with myriad complexities and in a democracy we need to respect the difference and differing opinions.
Prashant Bhushan is well known and respected by social movements and civil society for his public work for more than two decades now. Apart from cases involving irregularities in government procedures in the Bofors scam and the 2G Spectrum allotment, he has appeared in numerous cases involving Sardar Sarovar Dam, Vedanta University Land Acquisition, Bhopal Gas Accident and many other cases which have been brought to him from time to time, at his own expense with no charges to people. His efforts through Campaign for Judicial Accountability and Reforms (CJAR) have brought judicial accountability, corruption within judiciary and need for large scale reforms under public glare. Further, Prashant’s constant effort in trying to raise his voice against Operation Green Hunt and rights violations in North East and Jammu Kashmir has also raised hackles in certain quarters. This attack on him is a result of such acts of courage by Prashant over the years.
Political dialogue to address the needs, concerns and aspirations of people in any region on any issue is the basis of a democratic society, and use of force and violence by State or non-state actors must not be used to suppress dissent and protest.
Kuldip Nayyar, Justice (Retd.) Rajinder Sachar, Medha Patkar, Aruna Roy, Sandeep Pandey, Maj Gen (Retd) Sudhir Vombatkere, Prafulla Samantara, P Chennaiah, Arundhati Dhuru, Nikhil Dey, Sister Celia, Gabriele Dietrich, Rajendra Ravi, Ramakrishna Raju, Mukta Srivastava, Shankar Singh, Anand Mazgaonkar, Vimal Bhai, Ajit Jha, Madhuresh Kumar
National Office: Room No. 29-30, 1st floor, ‘A’ Wing, Haji Habib Bldg, -Naigaon Cross Road, Dadar (E), Mumbai 400 014;
Ph: 022 24150529
Date: 11th October 2011
Police Intimidation of Rohit Prajapati, Environmental, Human Rights and Trade Union Activist of Gujarat
Is it a crime to raise peoples’ issues? - Rohit Prajapati
Letter to the Police Commissioner of Vadodara - Kindly provide me the reasons for the repeated questioning by police, whether there are any allegations or charges, and if so, what these are and if there is an investigation of any kind, I would like to know the nature of the investigation. – Rohit Prajapati
On Sunday, Oct 9th 2011, at around 12.30 p.m., two policemen in plainclothes (Ajaysinh Gajendrasinh, ASI from LIB branch and Maheshbhai Prajapati, ASI at JP Police Station, Tandalja, Vadodara, Gujarat) visited my house. They asked for my phone number, name of my organization, and about my present ongoing activities. Having nothing to conceal, since our activities are public, I provided the requested information. Within 5 minutes of their departure two more policemen in uniform appeared and demanded two passport size photographs. I responded that I could provide the photographs only if there was a written request. Within 15 minutes we got a phone call from (Phone No. 2358132) Mr. Maheshbhai Prajapati requesting me to provide the two passport size photographs. I repeated that I would require the request in writing. The letter was provided within 10 minutes (letter no. 5098/2011from JP police station, signed by the station PI). Accordingly I promptly provided 2 passport size photographs.
This was not a case of one day of sudden activity by the police, but the latest in a series of such enquiries that have been going on for some 2 years – police have visited both our home and the offices of Jyoti Karmachari Mandal (JKM). The first visit to Jyoti Karmachari Mandal was on March 7, 2010, followed by a police visit to our home the next day. The first visit to our home occurred in our absence, and the police questioned our minor son, who was present at home at that time. The next visit from the police occurred on 20th April, 2010. There were 2 officers (Mr. Dinesh Chaudhari, PI, State IB, along with a colleague). They remained for nearly an hour asking about details of my background, contacts, activities etc. After a few days they returned to collect copies of my passport. A few months later a team of the Special Operations Group (SOG) came to my home in the late evening. Six or seven members of the SOG team barged into my house and straight away went upstairs. We objected to their entry and demanded to know their identity and the reason for their “visit†. After that several of the team left, while three remained to question me. We pointed out that the same kind of extensive (relevant as well as irrelevant) questions had been asked and information collected by the police on earlier occasions, to which they replied that this occasion was different because they were from the SOG. The SOG members too took copies of my passport. The next police visit was on the afternoon of 3rd October 2011, involving Mr. Dineshsinh Chauhan (PI, State IB), Mr. Sureshbhai B. (PI, State IB) and Mr. Pappubhai (IO, State IB). They spent about 45 minutes getting “updates†on my activities. One of the matters they questioned me about was my complaint about the residential complex coming up next to industrial hazardous solid waste sites in Ahmedabad (Vatva & Naroda). They demanded to know why I was raising objections against the State Government’s move to amend the law prohibiting residential construction within 500 metres of hazardous waste sites (to permit construction within 100 metres of such sites). Mr. Chauhan gave me his e-mail ID and I even provided him further information by e-mail. Inspite of this once again on 09-10-2011 police officials came for further investigation as mentioned above.
In the several visits and questioning by the police, no specific reason has ever been given for the questioning; the police have always insisted that these were “merely routine†enquiries. So far, I have cooperated with the police and provided whatever information or documents they have asked for, including things like bank account details. My activities in association with the People’s Union for Civil Liberties, Jyoti Karmachari Mandal and Paryavaran Suraksha Samiti (Environment Protection organisation, a radical environmentalist group operating in Gujarat) organizations have been completely open, legal and public (and in the public interest). I have never had any reason to conceal any information related to these activities. However, in the light of repeated visits by the police, with demands for the same information provided earlier and already available with them, it is now difficult not to conclude that these repeated visits have any other purpose than intimidation and harassment. In today’s Gujarat, it appears that anybody who questions the correctness of government policy or actions, or is seen in any way to obstruct the purposes of the government, is becoming a target for intimidation and harassment. Yesterday I have written to the Police Commissioner requesting to know the reason for the repeated questioning by police, whether there are any allegations or charges, and if so, what these are and if there is an investigation of any kind, I would like to know the nature of the investigation.
In this connection, I feel I should provide a summary of my public activities, and present my assessment of why this harassment is being organised.
My Recent Activities
As I have written above, I am involved in three organisations – PUCL, JKM, and PSS. As a Trotskyist, I have been an internationalist, and have collaborated with comrades in the Fourth International over trade union, environment and other issues. In 2002, during the pogrom like atmosphere created by Hindutva fanatics, I along with other friends played some role in fighting that. As a matter of principle, we decided to stay on in Tandalja, resisting the attempt to turn it into a purely Muslim ghetto. We campaigned for the restoration of peace. We brought out, through PUCL, a comprehensive report of the Gujarat Carnage. We campaigned over the Best Bakery case. We also collaborated in bringing out the first collected documentation in English about the Gujarat Carnage, The Genocidal Pogrom in Gujarat: Anatomy of Indian Fascism. Though I am also involved in a new organisation, Radical Socialist, my chosen areas of work have been, in the last half a decade or more, the three organisations already named.
My work as a trade unionist and my work as an environmental activist have been intertwined. We believe in the need for environmentally aware trade unionism, as well as a class approach to the question of environment protection. As a result, for a decade and a half, we have been developing environmental agenda connected to industrial pollution.
We have consistently been raising the issue of industrial pollution in Gujarat and exposed the industry-Gujarat Government nexus that touts ‘treatment facilities’ as a solution to the problems of hazardous solid waste, effluent, surface & groundwater contamination. Our position has been founded on the facts & figures obtained under RTI. Gujarat Pollution Control Board officials admitted that a lot still has to be achieved in pollution control.
As treatment facilities were / are not able to meet the Gujarat Pollution Control Board‘s (GPCB) norms a moratorium on starting of new industries or expansion of existing industries was declared for the Ankleshwar area on 7-7-2007, and now Ministry of Environment and Forests has extended it up to 31-3-2012. Later on, on 13-1-2010 a moratorium was declared for other areas like Vatva, Bhavnagar, Junagadh, Vapi, etc. The moratorium was ubsequently lifted for the Vapi, Bhavnagar, Junagadh area. PSS objected to the lifting of moratorium for Vapi because treatment facilities of Vapi are still not able to meet the GPCB norms. Today the moratorium for Vatva, Ankleshwar is extended till 31-3-2011. This has stalled the projected huge investment in these areas of Gujarat. However, we believe that as responsible citizens, we are not and cannot be concerned only with the quantum of investment, but with what is being invested, what the goal of the investment is, and how it affects the masses of working people.
On 4-1-2007 Government of Gujarat granted permission to incinerate the hazardous waste of Union Carbide, Bhopal at Ankleshwar. We opposed it and also filed an intervention application in the Jabalpur High Court. Ultimately Government of Gujarat was forced to withdraw its permission by letter dated 4-10-2008 and now case is pending in the Supreme Court.
A direct outcome of our persistent efforts since 1994 has been GPCB / Government having to act against Hema Chemicals which was responsible for illegal dumping of hazardous chromium waste. As per the direction of the Supreme Court Monitoring Committee the company has been ordered to pay Rs. 17 crores as first instalment towards remediation of the site. GPCB was constrained to order the confiscation of passport of Hema Chemicals’ owner, and prohibiting him from disposing of his property etc. The owner’s name has been flashed across all international airports in India so that he does not leave the country.
We had also launched a complaint against residential & commercial complexes coming up in the vicinity of hazardous solid waste sites in Ahmedabad (Vatva & Naroda) in violation of GPCB notification on industrial hazardous solid waste and The Hazardous Waste (Management & Handling) Rules, 1989.
Now we are given to understand that Forest & Environment Department and Urban Development and Urban Housing Department of Government of Gujarat have decided to modify the CPCB & GPCB guideline and norms – which require 500 meters distance from TSDFs & CETPs for the residential complexes – and reduce it to 100 meters to legalize illegal residential complexes. The original guideline was issued with the intention of preventing risk to the health and safety of the people. The revision obviously looks at the profit margin of unscrupulous promoters, not the innocent buyers who will suffer in future.
The decision to continue to enforce the 500 meters distance stipulation for future clearly shows that this norm is not wrong and that is why Government of Gujarat is now modifying it to 100 meters only for post-facto regularization of illegal residential complexes which came up in violation of the CPCB & GPCB guideline and norms. This is going to be a disastrous action on the part of the concerned authorities as far as the health and safety of the people is concerned.
It is clear that such a decision can only be due to immense pressure from the rich and powerful.
It cannot have been a suo moto decision. Instead of taking firm action and enforcing the regulations, these departments are succumbing to pressure from all sides from powerful rich people who want to legalize their illegal residential complexes.
Any post facto relaxation in the present environmental guidelines and norms is nothing but manipulation of present environmental norms to legalize illegal construction activities in order to favour powerful rich people who can pressurize the Government to act against the interests of ordinary people. We opposed the proposed dilution of norms and letters were written to Government of Gujarat and also to Ministry of Environment and Forest to intervene in the matter to prevent such illegal modification.
Vapi Industries Association (VIA), United Phosphorus Limited (UPL), and Avik Pharmaceutical Ltd. have filed a defamation case to the tune of Rs. 25 Crores against ‘The Times of India’ and Rohit Prajapati in the Vapi Court, District Valsad, Gujarat with reference to a news item which appeared in ‘The Times of India’ on 5th June 2010 [Vapi: caught in a toxic chokehold, The Times of India, 4th June 2010.
http://articles.timesofindia.indiatimes.com/2010-06-05/pollution/28278983_1_cpcb-comprehensive-environmental-pollution-index-gpcb
On 17th September 2011, I filed an RTI application with the Chief Minister’s office, seeking information regarding the ‘Sadbahvna Mission’. The RTI application sought to know how much money was spent on this programme, who were the sponsors, and under which policy or rules this programme was conceived and carried out.
There is sufficient reason to apprehend that individuals and interest groups affected by our efforts may resort to legal, extra-legal and other means against some of us. We want to alert you to that possibility and request quick action in case of any such eventuality. I have already been subjected to repeated questioning by police both in our office and at home, amounting to intimidation and harassment.
I would therefore appeal to friends and activists in trade unions, in human rights movements and in environment protection movements, as well as in other sectors of social movements, to take note of these developments and to extend solidarity with us.
Rohit Prajapati
Environmental and Trade Union Activist
Member of People’s Union for Civil Liberties, Jyoti Karmachari Mandal & Paryavaran Suraksha Samiti
Copy of the letter send to the Police Commissioner of Vadodara
Rohit Prajapati
37, Patrakar Colony, Tandalja Road, Post: Akota, Vadodara 390 020
Phone No: +91-265-2320399
Email No: rohit.prajapati@gmail.com
By Fax, Email & Speed Post
10th October 2011
To,
The Commissioner of Police, Vadodara
Police Bhavan, Indira Avenue, Jail Road, Vadodara – 390 001
Reference: Various and sudden visits by persons claiming to be police officers or persons belonging to LIB, IB and SOG divisions of police force during last 2 years and latest visit on 09/10/2011.
Subject: Kindly provide me the reasons for the repeated questioning by police, whether there are any allegations or charges, and if so, what these are and if there is an investigation of any kind, I would like to know the nature of the investigation.
Sir,
I, Rohit Prajapati, the undersigned, am associated with various voluntary organizations and am a social activist concerned with various issues including environmental protection and the menace of pollution. As a part of my mission I have taken up and raised a number of matters and issues concerning environmental pollution.
In view of the aforementioned I thought it fit to bring to your kind notice the following facts which seriously threaten my rights as an ordinary human being and citizen of this country:
During last 2 years, some 5 or 6 times persons claiming to be police personnel have suddenly visited my residence and office and made oral / verbal inquiries regarding my personal life, including matters related to my social being. Being a law abiding citizen, I have always extended cooperation in these enquiries.
However, during the last 2 or 3 of the several visits, the concerned individuals claiming to belong to the SOG conducted their enquiries in an aggressive manner and tone. As a law abiding citizen I have continued to extend all cooperation and hitherto never thought to refer the matter to you, because I believed that this might essentially be an unavoidable circumstance of my mission, since my work might be causing inconvenience to Government and persons in positions of power.
However, during the most recent visit on 09/10/2011, after the “routine†repeated inquiry was over, i.e. after I had replied to all questions, the police personnel asked for two copies of my photograph, which I thought was unreasonable and therefore asked for their request in writing; on receiving a letter bearing no. 5098, issued under the signature of the PI of JP Police Station, I did supply the photographs as demanded by them.
As a citizen, I am concerned about the treatment being meted out to me through secret inquiries, as I am not aware of any ongoing inquiry, or of any cause or reason for such an inquiry.
The process of inquiry has already caused considerable inconvenience to me. While I respect the fact that security agencies may at times be required to carry out certain investigations, I am unable to see what is prompting this rash of enquiries in this case, and feel compelled to bring to your notice the incidents and events. Law abiding citizens engaged in lawful, constitutionally sanctioned and guaranteed activities are not ordinarily subjected to repeated “routine†police enquiries and surveillance.
I am optimistic that my communication to you may play a role in correcting and regulating the administration of inquiries by your department such that innocent citizens are not unnecessarily harassed for engaging in lawful activities considered essential to the proper functioning of a democratic state.
I am sure you will take serious note of the aforesaid matter, which has caused absolutely unwarranted pain to me and my family, and therefore take some corrective and remedial steps to prevent any unjustifiable use of power and force.
I am an activist who has agitated by remaining within the four corners of the law, and has never indulged in any illegal activities.
The aforementioned type of actions carried out by persons from your department amount to intrusion into my fundamental rights of privacy. Your department’s actions amount to violation of my fundamental rights to privacy and dignity. Because of health reasons my movements have become very limited, as I have been advised substantial rest, and such intrusions into my home are having adverse effects on my health.
Kindly provide me the reasons for the repeated questioning by police, whether there are any allegations or charges, and if so, what these are and if there is an investigation of any kind, I would like to know the nature of the investigation.
I shall be thankful if you supply this information to me as a conscientious public servant, so that I shall not be compelled to take recourse to the RTI law.
Rohit Prajapati
[Rohit Prajapati]
The People’s Union for Civil Liberties (PUCL)
3 October 2011
PUCL Condemns Raid at the House of Kavita Srivastava at Jaipur
The People’s Union for Civil Liberties (PUCL) strongly condemns the outrageous and uncalled for act of raid at the residence of Kavita Srivastava, PUCL national secretary in Jaipur early morning today (3 October 2011). The raid was conducted by the Chhattisgarh Police with active assistance of Rajasthan Police, supposedly searching for a maoist. The raid is a scandalous act of maligning, intimidation and harassment to muzzle dissent at the behest of the government of Rajasthan which is out to victimise human rights activists who expose its misdeeds of atrocities against Muslim minorities and poor. The arrival of police with a truck load of them is nothing but to create fear amongst the family members of Kavita Srivastava and others. There is no doubt that the raids were a well thought out design to go after the human rights activists aimed at silencing them through the misuse of law and official machinery. In all its manifestations the present raid is in the series of acts of blatant vindictiveness aimed at sending a message to the larger human rights community that the present central and state governments have no faith in and respect for the value of dissent and protest as a cardinal principles as enshrined in our constitution. It is clear that Kavita Srivastava has been targeted primarily because of her role in pointing out Chhattisgarh government’s violation of human rights, Rajasthan government’s mindless use of force against Muslim minorities and centre’s anti-poor policies. PUCL appeals to the larger human rights community and freedom loving people of the country to come forward strongly to resist the unabashed crusade of the government against the human rights defenders in the country. PUCL also demands that the National Human Rights Commission must take a serious view of the matter and as per its commitment to protect the human rights defenders ensure that no further harassment is meted out to Kavita Srivastava and her family.
Prabhkar Sinha, President PUCL
Rajinder Sachar, former President PUCL
Pushkar Raj , General Secretary PUCL
Mahipal Singh, Secretary PUCL
Chitranjan Singh, Secretary PUCL
V. Suresh , Secretary PUCL
PUCL National Office:
270 A, Ground Floor, Patpar Ganj, Mayur Vihar I, Delhi 110091
Ph. 011 22750014, 09810656100
www.pucl.org
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“Undemocratic and arbitraryâ€
Special Correspondent
It’s a message to her not to take up causes against the state, say activists
Leaders of various organisations on Monday condemned the “arbitrary†and “illegitimate†raid on Right to Food Campaign steering committee convener and PUCL general secretary Kavita Srivastava, who has challenged in the Supreme Court the Union government’s poverty line on Right to Food.
Activists Jean Dreze, Binayak Sen, Aruna Roy, Medha Patkar, Nikhil Dey and Annie Raja charged that the raid was an act of harassment and witch-hunting of human rights workers. The ulterior motive was sending a message to all activists not to take up issues against the state.
Those associated with the Right to Food Campaign and the People’s Union for Civil Liberties said it was harassment under cover of fighting Naxalism. They said the Rajasthan police raided Ms. Srivastava’s house claiming to be looking for a “dreaded†Naxalite, and in her absence, they harassed her 82-year-old father and two domestic helpers.
The statement said the raid was conducted at the behest of the Chhattisgarh police on a warrant that carried only Ms. Srivastava’s address and the word “abhiyukt [accused].â€
The activists said Ms. Srivastava had been a tireless defender of human rights for many years and was earlier harassed for opposing the “criminal activities†of the Chhattisgarh government such as “detentions, encounter killings, and foisting false cases under the garb of fighting Naxalism.â€
Demanding an unconditional apology from the Rajasthan and Chhattisgarh governments, the activists warned that such “undemocratic and arbitrary†actions would not silence human rights defenders and instead amplify their voices against injustice and “state repression.â€
In a separate statement, the National Alliance of People’s Movements (NAPM) charged that the action was aimed at ‘terrorising and harassing’ her and ‘sending a message’ that the Chhattisgarh government would not tolerate her work as PUCL activist in challenging the Salwa Judum, Operation Green Hunt and taking up the cases of political prisoners like Dr. Binayak Sen, Kopa Kunjam (both are out on bail), Kartam Joga and others.
