Vol. XXXVIII, No. 6 ISSN-0970-8693 JUNE 2018 Rs. 20

Future Context of Rights Future Context of Rights Protection in India Protection in India (1) The months of March and April, 2018 witnessed many events of human rights concerns which raise more questions about the future context of ARTICLES, REPORTS & DOCUMENTS: rights protection in India, than provide any substantial answer to Brief Life Sketch of Justice Rajindar Sachar (4); demand for justice. A major focus of attention was on proceedings in the Justice Rajindar Sachar – A Great Humanist - Supreme Court where a number of key litigations were either being N.D. Pancholi (4); Justice Rajinder Sachar - An concluded or in which key judgments were delivered, with overtones for Unbeaten Fighter of Human Rights - Gautam Thaker (6); Obituary: Justice Rajinder Sachar - the future. After several years of spirited opposition by civil society Pannalal Surana (7); Rajinder Sachar groups to the UID and the Aadhaar project and animated discussion remembered - Ashwani Bakshi (8); The Sachar throughout the country, final arguments concluded in the Supreme Saheb I Knew - Tanweer Fazal (9); `Project 39A` of Court after marathon hearings. But in the meantime, the Central the National Law University, Delhi (12); Undo the Wrong - An ordinance to overturn the SC order Government through its various agencies offering public services, had on SC/ST Atrocities - Faizan Mustafa (13); Media pushed through the Aadhaar scheme using a mix of tactics: enticements Freedom and State Control: Yet another attempt on the ground of benefits to be gained if one enrolled in the Aadhaar to Muzzle and Gag the Press (14); Fake News will scheme mixed with threats of bank accounts being barred or mobile Now Cost Journalists Accreditation: I&B Ministry (16); Is it politically relevant today to services being withdrawn if one did not enrol. Many issues of crucial ask whether Nehru visited Bhagat Sing in Jail?- human rights importance were raised during the final arguments. The Ram Puniyani (19). final judgment once delivered, will hopefully address the different concerns raised. PRESS STATEMENTS, LETTERS AND NEWS: During this same period the SC delivered judgment in the PIL regarding Press Statement: PUCL Condemns the TN Govt. & Police for killing of Innocent People in Tuticorin! the suspicious death of Judge Loya, who was hearing the Sohrabuddin (2); PUCL TN & Puducherry: PUCL Statement on encounter case in a Mumbai trial court and who died in mysterious Sterlite Protest Firing (3); PUCL Punjab: Meeting in circumstances on December 1st 2014. In a proceedings which witnessed Memory of Justice Rajinder Sachar (7); PUCL West strident arguments and raised tempers, the SC eventually dismissed the Bengal: Remembrance in memory of Justice Rajindar Sacher (10); Announcement of the PUCL PIL. However, the judgment, far from laying to rest issues raised in the National Executive meeting (10); Statement case, actually left open several other crucial issues which needs public Protesting the Extra-Judicial Killings in Uttar discussion and debate. We hope to revert to these issues in a later Pradesh (11); Please write and send in Articles for the PUCL (15); Minutes of PUCL Members Meeting issue. A 5-judge SC Bench also heard the issue of whether the rejection held at BUJ (16); PUCL Gujarat: Letter to the by the Vice-President of India of the resolution moved by more than 60 Governor and the NHRC (18). MPs to impeach the sitting Chief Justice of India, was valid or not. Although eventually, the PIL moved by some MPs was withdrawn, the Annual Subscription: PUCL Bulletin entire proceedings have raised numerous issues of Constitutional (w.e.f. January 01, 2017) INDIA procedures and proprieties, which to needs public discussion. It is PUCL Members Rs. 200 Non-Members Rs. 240 during this same period that the Central Government returned the Libraries, Institutions Rs. 300 unanimous resolution of the SC Collegium to elevate Justice KM Joseph OVERSEAS to the Supreme Court. It is widely recognised that the decision of the PUCL Members US$50 Central Government was actuated more by malice due to the fact that Non-Members US$100 Justice Joseph, as CJ of Uttarakhand High Court, had set aside the Libraries, Institutions US$120 decision of the Central Government to dissolve the then State Government, than legal grounds as all the reasons cited by the Central Government had been considered by the Collegium. At the time of writing this piece, though the SC Collegium had unanimously resolved once again to reiterate the recommendation to elevate Justice Joseph to the SC, the same has not been conveyed to the Central Government.

433

PUCL BULLETIN, JUNE 2018 1 Electioneering to the Karnataka evictions of people from their and human rights activists to Assembly which concluded with the homes and habitats in the name of continually raise these issues for elections on 12th May, 2018 industries and development public discussion and by mobilising witnessed personalised attacks schemes, anti-farmer policies and people to demand that political descending to objectionable levels, widespread farmer suicides, parties openly declare their position led by none less than the Prime systematic dismantling, assault on these issues vitally affecting Minister himself. While it is normal and delegitimisation of institutions people. We hope to focus on these during electioneering to stridently e s p e c i a l l y b y t h e C e n t r a l issues in future issues of the attack one another, the level of G o v e r n m e n t , i n c l u d i n g o f Bulletin and invite our readers and personal invectives and brazen call educational institutions like JNU, members to join the discussion and to identity based political HCU etc, environmental conflicts debate. mobilisation is perhaps a portent to and ecological disasters induced In this issue, we carry the other state Assembly elections due by open support to industries by remainder of articles which poured in 2018 in Rajasthan, MP and Governments, both State and in to offer condolences to the C h h a t t i s g a r h a n d i n t h e C e n t r a l , r i s i n g p r i c e s , memory of Rajinder Sachar, our Parliamentary elections due in unemployment and numerous former National President. It is a 2019. The near absence of other issues affecting right to life, tribute to his widespread impact discussion on issues of crucial livelihood, liberty of citizens are and influence that so many people human rights importance including hardly ever raised and discussed want to express themselves about politics of hate and lynchings, by political parties. his contribution. politics of state terrorism and It is in this background that the V.Suresh, Editor, PUCL Bulletin planned encounters, forced responsibility falls upon us citizens q

Press Statement: 23rd May 2018 PUCL Condemns the TN Government & Police for the Jalianwala Bagh Style Killing of Innocent People in Tuticorin! PUCL strongly condemns the cold i m m e d i a t e c l o s u r e o f a l l have provoked reaction from some blooded and targeted killing by construction activities undertaken sections of the gathering resulting Tamil Nadu police of over 13 to expand the Sterlite Plant and to in stone throwing. Without giving persons on Tuesday, 22nd May, close down the plant itself. Knowing the statutory warning of the 2018 in Tuticorin (aka Thoothukudi) fully well that local sentiments possibility of shooting, and violating in South Tamil Nadu. Many of those throughout the District, and not just the Police Standing Orders and killed were part of a continuing Tuticorin town itself, was against Guidelines to handle situations of unarmed, democratic protest by the continuation of the Sterlite mob agitations, the Police instead thousands of local people in and plant, the District Administration fired into the crowd, aiming to kill. around the Sterlite plant on the and the Police, ought to have taken The guidelines state that the police outskirts of Tuticorin town, steps to defuse the situation by should first shoot warning shots in demanding the closure of the engaging in discussions and the air, and then only below the s e v e r e l y p o l l u t i n g a n d dialogues with the protesting group knees, were brazenly flouted. environmentally hazardous Sterlite well in advance of the 22nd; in any Numerous video recordings as also copper smelting plant, part of the case, on 22nd May, they could have eye witness accounts state that the Vedanta group, and one of the invited a small representative Police used professional Police largest such plants in the world. gathering of leaders to meet the Sharpshooters, standing atop What is especially deplorable is the District Collector to submit their police vehicles, in mufti, to shoot tactics adopted by the Tamil Nadu representation. directly at people leading the police and the Government leading What however occurred on 22nd march, aiming to kill them. This to the unconscionable and May, 2018, was a complete much is also made clear by the fact unconstitutional firing aimed to kill travesty of constitutional rule and a that most of those killed seemed to protestors. It was public total breakdown of the rule of law have bullet wounds in the top torso knowledge that the Anti-Sterlite and orderly governance. The or part of the body above the waist. Movement, spearheading the authorities allowed the gathering of This is not only atrocious but also a People's campaign against the thousands of people outside the matter of great concern that the TN Sterlite copper plant, had called Collector's Office. It is reported that Police target killing of unarmed, upon people to gather on 22nd the police resorted to severe and peacefully agitating protestors. The May, the 100th day of the protests, unprovoked lathi charge on the Tamil Nadu Police could not have and march to the Tuticorin unarmed gathering without giving committed such acts without the Collector's Office demanding any prior warning. This is said to tacit or unspoken permission from

PUCL BULLETIN, JUNE 2018 2 the TN State Government. alongwith the Administration and against the entire chain of The police shooting reminds us of Police, have decided that they are command, responsible for the Jalianwala Bagh massacre not bound by Constitutional overseeing the entire incident. during the independence struggle. niceties, fundamental rights The PUCL calls upon concerned It's a shame that in independent principles, Rule of Law guidelines citizens and human rights minded India too such police killings is and that they can and will break the groups throughout India to raise allowed to take place. law with impunity. After all, in their voices against the abuse of What concerns us greatly is that the numerous occasions before the law and killing in cold blood of over people say that they heard more police and state authorities have 13 citizens by the TN Police. PUCL than 40 to 50 rounds of gunfire gotten away with brazenly breaking also calls upon other citizens and rained upon them by the Police. Yet the law with impunity, that they human rights groups to extend the number of dead is only 13. Our need not fear yet another occasion solidarity with the Anti-Sterlite worry is if there are still more local when they will also similarly escape protestors of Tuticorin and support people seriously injured who are the clutches of the law. It is them in all ways including by hiding because of fear of police important that the police and other solidarity visits to Tuticorin to study brutality and reprisal. It s important officials are made accountable to for themselves what happened. that the Administration take the the law. PUCL would like to reiterate that it assistance of credible eminent What concerns us more is that the is only through an enlightened and people who enjoy the confidence of Police have allegedly fired rubber vigilant citizenry that we can local people to reach out with the bullets at groups of family members safeguard our rights and seek offer of assistance and help. today, 23rd May, 2018, who had accountability from the state and its PUCL is constrained to point out come to the Government Hospital officials. certain disquieting trends in the to collect the bodies of their family In this very grim scenario of the loss manner by which the present members killed in the police firing. of over 13 lives in police firing on AIADMK Government is handling We condemn the firing and the 22nd May, it is interesting to note situations of mass protests. As insensitive response of the officials that a Division Bench of the Madras happened in the Marina protests of to the situation of grim tragedy High Court has granted Interim January 2016 or the Neduvasal and suffered by local people. Orders staying further construction Kadiramangalam agitations P U C L d e m a n d s t h a t t h e of the expansion plant of Sterlite against Methane extraction in the Government give strict orders to Industries in Tuticorin, which has Pudukottai and Thanjavur area, the the police and administration to been a bone of contention and police this time too allowed for a stop taking storm arm actions which sparked off the current large number of people to gather against local people. PUCL also protest. This timely intervention by together before launching a major demands that all those police and the Judiciary provides a semblance unprovoked attack on unarmed administration officials present in of hope and is a measure of protesting people, with the sole aim the scene of the firing on 22nd May, reassurance to the people of of creating such mass fear through 2018 be identified and suspended Tuticorin that justice will prevail in injuries and deaths, that it would be f o r t h w i t h , p e n d i n g p o l i c e the end! a lesson to any other group daring investigation into their role. The Ravi Kiran Jain, President; to protest against the government Government should take action not V. Suresh, General Secretary, in the future. Very clearly the merely against the subordinate PUCL National q Political Executive / State, police and revenue officials but

PUCL TN & Puducherry: Press Statement: 22.05.18 PUCL Statement on Sterlite Protest Firing Sterlite Copper Plant in Tuticorin was also used. Moreover, the make a mockery of democracy. h a s b e e n p o l l u t i n g t h e Police brutally killed 10 people by PUCL demands that necessary environment, creating havoc on opening firing. PUCL strongly action be taken on the person who health and causing dangerous condemns these killings. ordered for firing and necessary diseases. Hence, people of the Government of Tamil Nadu had inquiry initiated on the Collector. area have been protesting for many caused unnecessary deaths by Moreover, PUCL demands for an years demanding the closure of avoiding the procedures to be inquiry headed by a High Court plant. In continuation, today, on followed for firing, including the Judge and Government of Tamil 22.05.2018, to insist on their warning given to people. Nadu to take follow up action, with demands, thousands of people Also, Police snatched cameras to in a time frame on the inquiry. went on a procession to Tuticorin prevent journalists to take videos Gana. Kurinji, President, PUCL Collectorate. The people were and photos of the incidents. PUCL Tamilnadu & Puducherry q lathicharged by Police and teargas warns that this kind of approach will PUCL BULLETIN, JUNE 2018 3 Brief Life Sketch of Justice Rajindar Sachar (22nd December 1923 -20th April, 2018) Shri Rajindar Sachar was born on appointed as a judge of the Delhi involved with PUCL till the end. 22nd December, 1923 at Lahore (in High Court. In 1973, he headed the From 1990 to 1994, he was present-day Pakistan). He was the one-man Inquiry Committee on the m e m b e r o f t h e U N S u b - son of Shri Bhim Sen Sachar, a Boeing 377 Air Crash in which Commission on Prevention of veteran freedom fighter who Mohan Kumar Mangalam, the Discrimination and Protection of became the first Chief Minister of Union Minister for Steel, had died. Minorities. During that period, he Punjab (India) immediately after He was the first Chief Justice of was also appointed as a member the first general elections were held Sikkim High Court when Sikkim from India to SAARC Consultative in 1952. His father was also became a part of India and a High Conference on the Rights of the Governor of Andhra Pradesh from Court was set up there. In 1977, he Child, held at Colombo, Sri Lanka. 1956-61 and thereafter, High chaired the High Powered Expert In 1993, he was appointed by the Commissioner for India to Sri Committee set up by the UN Commission on Human Rights Lanka from 1964-1966. Shri Bhim Government of India to review the in a two-year study on the issue of Sen Sachar strongly opposed Companies Act and the MRTP Act, promotion and realization of the 'emergency' imposed by Indira both of which were amended on the right to adequate housing. He Gandhi in June 1975 and suffered basis of his recommendations. He remained in the Commission till imprisonment for this. became the Chief Justice of Delhi August 1995, when he presented Justice Sachar started his law High Court in August, 1985 and his final report on the Right to practice in the Punjab High Court, retired from that office on 22nd Adequate Housing to UN Sub at Shimla. He shifted practice to December 1985. Commission on Prevention of Chandigarh when the High Court After his retirement as a judge, he Discrimination and Protection of was shifted there. He was joined the Supreme Court as a Minorities at its 47th Session held at President of the Punjab & Haryana Senior Advocate and was in active Geneva. He headed a committee High Court Bar Association from practice till 2017. During this which submitted a report on Social, 1967-68. He was a successful period, he also involved himself Economic and Educational Status advocate, who had earned a good actively in social movements of the Muslim Community of India in name and reputation for himself. fighting for protection of human 2006, widely known as “the Sachar From early days of his life, he was rights and civil liberties. He was Committee Report”. He was the closely associated with Dr. Ram President of People's Union for trustee of Servants of People Manohar Lohia and Madhu Limaye Civil Liberties (PUCL) from 1986 to Society and Gandhi Smarak Nidhi. - two prominent socialist leaders, 1995. He appeared and argued His articles on all current topics amongst others. He actively several important cases for PUCL- regularly appeared in prominent participated in the socialist m a n d a t o r y d e c l a r a t i o n o f national newspapers. He was movement and remained wedded assets/criminal antecedents of married to Mrs. Raj, sister of Shri to socialist ideology till the end of MPs/MLAs, 'None Of The Above' Kuldip Nayar. She had passed his life. But he had no inhibition (NOTA) option in elections as right away in 2011. He is survived by his associating himself with other of the voters, telephone tapping son Sanjiv and daughter Madhavi, political groups and individuals for and domicile requirement in Rajya and grandchildren. His Personal espousing the causes which were Sabha, among others. Nurturing Secretary Niranjan Kaushik served dear to him. His friends and and strengthening civil liberty him with dedication till the end. admirers encompassed all sections movement in the country was his At the age of 94, his active life met of society. . life long passion and propelled with its end on 20th April 2018 at New In February 1970, he was this zeal he remained actively Delhi. q

Justice Rajindar Sachar – A Great Humanist N.D. Pancholi The news of Justice Sachar's s o c i a l i s t a n d t r a d e u n i o n socialist leader, with whom Justice demise on 20th April, 2018 came as movement. He combined activism Sachar was closely associated, a great shock. He was titan among with his legal practice. He went to fought many legal battles with the human rights champions and a jail many times on public issues - governments on the issue of pillar of strength to secular even at a time when his father late unlawful arrests during public democratic movement in the Shri Bhimsen Sachar was the Chief agitations. These cases of Madhu country. In the early period of his life Minister of combined Punjab. Limaye are famously known as he was actively involved in the Late Madhu Limaye, the veteran 'Habeas Corpus cases' in legal PUCL BULLETIN, JUNE 2018 4 jurisprudence concerning the issue submitted its report in 1981 in eight reports are to his credit including of life and liberty of a person. The volumes with far reaching Meerut Maliana killings of first case was when Madhu Limaye recommendations. By that time innocents in 1987. He was actively was arrested on 7th January 1959 at Smt. Indira Gandhi had returned to involved in protesting against the Hissar during agitation on the issue power and was not willing to publish state atrocities in Punjab, Kashmir of rising food prices. Habeas the report inspite of public and at other places. Corpus Petition was filed before the demands. Citizens For Democracy When Jagmohan was made Punjab High court and it was (CFD) filed a writ petition in the Governor of J&K in January, 1990 argued by Justice Sachar. Court Delhi High court in 1982 seeking there were serious reports of found the arrest as unlawful and m a n d a m u s d i r e c t i n g t h e human rights violations, a PUCL- ordered the release of Madhu government to publish the report. CFD team went to Kashmir in Limaye. Important legal principles, This petition was listed before the March 1990 to make investigation. impacting on the liberty of a person, bench of Justice Sachar and it was Justice Sachar was part of the team e m e r g e d w h i c h w e n t o n due to his pressure that the which consisted of Justice V.M. broadening with passage of time. government was made to publish Tarkunde, T.S. Ahuja, Balraj Puri, I came to know Justice Sachar the report. That report contains Inder Mohan, Ranjan Dwivedi and during emergency days of 1975- very important recommendations. myself. That report was eye-opener 1977 when he was judge in the However many political parties as to what was happening in Delhi High court. However there have come and gone in forming the Kashmir, while the national media was no direct contact with him but governments, but none of them till was giving only one side of the his father, Shri Bhimsen Sachar, now has cared to implement its story. Justice Sachar went several was actively involved in the recommendations. The police times to Kashmir in connection with Citizens For Democracy (CFD) continue to be misused by the party allegations of human rights which was founded by Jayprakash in power. But at least the report is violations. I had the privilege to Narayan in April 1974 and in which I available which has enabled some a c c o m p a n y h i m o n m a n y was also closely associated. I was groups and individuals to approach occasions. He was very strong and in trade union movement at that the Supreme Court which is seized vocal against the use of Indian time and had many occasions to of the matter. army on the people of Kashmir. He watch Justice Sachar hearing PUCL-PUDR had investigated the was also strong votary of cases in court. He was not a violence against the Sikhs in maintaining the sanctity of article traditional judge and tried to November 1984 and had brought 370 of the Constitution of India. subordinate the letter of law to the out its report “Who are the Guilty”. However on the question of self substance of law. As a judge he PUDR filed a writ petition in the determination he differed with bent the law to meet the High court seeking judicial others who supported such requirements of justice. His investigation into the violence and demand. And in my opinion rightly judgments in labour matters are action against the guilty. Justice so, because in my opinion it would illuminating, largely in favour of Sachar immediately issued notice not be proper for neutral outsiders exploited workmen. So is the case to the government. But soon the to take sides –between those who with landlord-tenant litigation bench was changed and that case would stand for self-determination where victimized tenants got relief. taken away from him. The writ and those who are opposed to it. He believed that only object and petition was dismissed by the other How can we say that all Kashmiris purpose of law was to ensure judge. want self-determination? How can justice between man and man, and When government wanted to we say that there is no coercion or between man and the mighty dismantle the refugee camps p r e s s u r e o f t h e I s l a m i c Government. If he read any news of constructed for protection of the fundamentalist groups on the police atrocity in any newspaper, he Sikhs in 1985, Justice Sachar took people to sway the expression of would suo motu issue notice to the suo-motu action and restricted the their free will towards creation of an police. government from doing so. Islamic fundamentalist theocratic National Police Commission, After his retirement in 1985, he state by using the spacious k n o w n w a s D h a r a m v i r a immediately joined People's Union principle of self determination? His Commission, was constituted in for Civil Liberties (PUCL) and view was that solution should be 1978 on the public outcry calling for devoted wholeheartedly in the civil found by mutual dialogue between police reforms, as the conduct of liberty movement. He became its the government and all the police during the 'emergency' (June President and he, as part of a PUCL stakeholders. 1975 - March 1977) was horrifying. investigation team, went to inquire Justice Sachar nurtured and It was the first and only commission into police firing at Arwal village of strengthened P.U.C.L. with constituted after independence Gaya district of Bihar in April 1986 extraordinary zeal and courage. He with a view to suggest reforms in where around two dozens persons expanded the concept of rule of law the police administration. It were killed. Many investigative

PUCL BULLETIN, JUNE 2018 5 and emphasized the importance of the voice of sanity which guided the Sachar is no more, the great values the independence of judiciary. He activists to confront the forces of for which he worked and fought rallied the forces of secularism communalism at crucial times. would last forever. q amidst communal hatred. His was We wish that, though justice Justice Rajinder Sachar An Unbeaten Fighter of Human Rights Gautam Thaker* While Rajindar Sachar was the organized in Ahmedabad either by Saheb had told that “time has come National President of PUCL before the PUCL or by Indian Radical when all should work harmoniously two decades, rare memories of Humanist Association, Sachchar and together. Support of all of you is having worked closely with him for Saheb definitely attended and thus essential in the matters of cases the cause of Human Rights and enhanced our morale and and counter-cases filed against Civil Liberties clearly emerge on the enthusiasm. one another”. This kind of concern memory line even to-day, after his Since we were at the opposite sides expressed by him had really demise. Perhaps most of to-day's on Narmada Dam issue, I touched to us, at that point of time. citizens tend to recognize him frequently persuaded to him that The U.P.A. Govt. had entrusted merely as an authority to draft a our support was confined to the Chairmanship of High Power report during the tenure of the cause of Irrigation and Drinking Committee to inquire into social, U.P.A. Govt. on the social, Waters needs and rehabilitation of educational and economic economical and educational oustees only. We had affectionately conditions of the Muslims in the condition of Muslim community. But (!) heated discussions. At times, he country, to Justice Sachchar. With before presenting this Report, he explained to me, admonishing as to strenuous efforts, he had prepared was well-known as a sincere leader how the main aim could be a 403 pages long report in which he of the Human Rights. As a National defeated by the rulers by misusing had suggested that educational President of PUCL, on this front, he waters after allocating it to the facility to the Muslim community contributed a lot in the interest of industries. He also suggested should be qualitative and free of the have-nots, victims and ailing holding dialogues with the senior cost. He also suggested that majority which suffered at the leaders of “Save Narmada colleges like I.T.I. and Polytechnic hands of the ruling regimes. Movement” (Narmada Bachaavo should be set up in Muslim areas. Whenever any case of violation of Andolan). After all, this year, the He also suggested that share of civil liberties and human rights was ruling regime has made wastage of Muslims in employment should be reported from any part of the Narmada Waters, which has raised and credit facilities including country, Sachchar Saheb shall proved that the rulers have made banking should be extended to immediately rush there. Ensuring use of Narmada Waters for them. He had asserted that there immediate arrangements for legal pocketing “Votes”. In the end, should be better utilization of Wakf assistance and providing solace to foresight of Sachchar Saheb has properties or resources and basic the victims, bringing to light at the proved to be right or correct. amenities should be made national level, issues of human He showed deep concern for the available to all including Hindus rights violation, was done by activists sincerely working for the and Muslims in every city and Sachchar Saheb who was next only poor people, and always remained village. Govt. schools and Health to Justice V.M. Tarkunde. prepared to offer legal or other Centres should also be set up. After Contribution made by Sachchar forms of assistance in the time of making study of such a situation, he Saheb on Human Rights front was difficulties faced by these activists. drew a conclusion that by every remarkable. All throughout his life, His house was a shelter-place for social and economic parameter, he struggled for constitutional and the activist leaders injured in the Mulsim is trailing behind the democratic rights of not only the battle-field, where all came across scheduled caste and scheduled minority but that of all the backward for applying ointment and tribe and hence for redressal of classes of India. I have had a rare bandaging with a commitment for grievances of prejudice against privilege of working with a noble re-thinking and administering M u s l i m s , h e h a d a l s o man, concerned with the issues justice. At the time of cases filed recommended to set up “Equal facing the people, for over two and against leaders of Narmada Opportunity Commission.” a half decades now. Having talked Bachaavo Andolan also, while With fond remembrances and once or twice in a month, he talking to me as well as with the tributes to such a stalwart certainly gave guidance and renowned environment expert colleague! directions on the crucial issues. engineer Mahesh Pandya, *Gautam Thaker, General Whenever a conference was sometime before a year, Sachchar Secretary, PUCL Gujarat q PUCL BULLETIN, JUNE 2018 6 Obituary: Justice Rajinder Sachar Pannalal Surana Son of a great freedom fighter and police arrested him and booked him Supreme Court ruled that if MPs first Chief Minister of the undivided under draconian laws so that he and MLAs are convicted of any State of Punjab, Bhimsen Sachar, was not able to get bail. Sacharji offence and sentenced to Rajinder Sachar had imbibed the and his PUCL colleagues fought imprisonment for not less than two values of our national freedom many legal battles right up to the years, they would lose their struggle. He was deeply impressed Supreme Court and finally won his membership of the legislative body. by the thoughts of Dr Ram Manohar release as a free man. At the Further, such persons are debarred Lohia. instance of Sacharji, PUCL had from contesting elections for the While he was practicing at the bar, extended legal aid to those who next six years. h e a l s o p a r t i c i p a t e d i n were alleged to be involved in Sacharji had been campaigning organisational and agitational Naxalite activities. Sacharji against the provision in the activities of the Socialist Party. personally and PUCL as an Companies Act which permit the Being impressed by his great legal organisation are committed to corporate houses to donate huge acumen, Rajinder Sachar was peaceful methods of public amounts to political parties of their invited to serve as a judge of the activities. They wanted to help choice. He also advocated that a High Court. His long career as those innocent men and women s y s t e m o f P r o p o r t i o n a l judge and later as Chief Justice of who were falsely implicated and Representation (PR) be adopted in the Delhi High Court was marked must be given credit for securing place of the 'first past the post' b y m a n y p a t h b r e a k i n g liberty of so many honest social system. Sacharji had participated judgements. workers. in the day-long Dharna at Jantar On retirement, Sachar again Another field of Sacharji's special Mantar by Socialist Party (India) on plunged into social work. He joined interest was Electoral Reforms. He 10th August 2016. the People's Union of Civil Liberties succeeded in securing 'None Of Sacharji had extended support to founded by the late Jayaprakash The Above' (NOTA) option for many popular movements like Narayan. He took up many issues. voters who find that none of the NAPM and programs to popularise Most noteworthy among them is contesting candidates appear to Panchayati Raj. that of the arrest and harassment of qualify for their vote. Justice Rajender Sachar will be Dr Vinayak Sen, a medical doctor It was found that some MPs and remembered for long for his sterling with a brilliant academic career, MLAs continued to enjoy all their services to strengthening Indian who had gone to the rural areas of rights and privileges even after democracy. Chhattisgarh State to render getting convicted by the Courts. On Courtsey JANATA, May 6, 2018 medical aid to the Adivasis. The a move initiated by the PUCL, the

PUCL Punjab: Meeting in Memory of Justice Rajinder Sachar Homage Meeting was held at 4.30 PUCL Activities at National & State Justice to Up Hold Dignity of the pm on 17th May, 2018 at the Levels. Justice Sachar would call Human Labour. Justice for All & that People's Convention Centre, him self as Worker of the PUCL & too Free of Cost or at Low Cost was Sector 36 B, Chandigarh. Rajender Socialist Party. PUCL was started Motto of the Socialist Lifestyle for M o h a n K a s h y a p , G e n e r a l by JP (Jaya Prakash Narain) Comrade Sachar; who tried his Secretary of the PUCL Punjab, against the Totalitarian & Best to Help Marginalised, Haryana & Chandigarh Chapter; Dictatorship of the then Prime Downtrodden & the Poor People. while speaking on the Occasion Minister Indira Gandhi. Comrade Comrade Sachar tried all his life to said that the Demise of Fatherly R a j i n d a r S a c h a r w i l l b e Find True Advocate's for the Poor Humble Comrade Rajindar Sachar remembered by all of us as - He People to Fight the Highly Paid was a Shocking Personal Loss to used to call himself "The Socialist Advocates of the Government & Every Member of the Punjab, First & Justice Sachar Afterwards". Advocates of the Criminal Devil's. Haryana & Chandigarh Chapter of Loss of Comrade Sachar is like a Public Interest Litigation (PIL) for the PUCL. Late Justice Sachar was Grid Failure of the Power House Justice Sachar was a Judicial Tool President of the People's Union for that Use to Illuminate Millions of to Try & Deliver Collective Justice Civil Liberties from 1986 to 1995 Unknown Human Brains in Urban & for the Public Good. Sachchar and this Organisation was Closest Rural India. Champion of Human Sahab jadon bhi kadi Punjab ch to his Humanely Soul; not a day Resource's, Civil Liberties & aande see tan hamesha kahnde would go without his asking about Human Rights; Justice Sachar was see ki Punjab ch aa ke o har ek an Institution of Dedicated Social PUCL BULLETIN, JUNE 2018 7 naujawan munde wal dekh ke Village the Panchayat's of India. He on his Views on the Role & Position mahsoos karde ne ki har punjaabi was a Strong Campaigner of of PUCL must take on National & munde vich Saheed Bhagat Singh "Chaar Khambaa Raaj” - Four Pillar Social Issues .. But .. Only after hi oanhan noon dikde ne. About the Decentralisation of Power's - that Listening to Every Stake Holder. Women Rights Justice Sachar is: Pillar No. 1 is Union Govt. Pillar Comrade Justice Sachar was the demanded One Third MLA's, MP's No. 2 is Provincial Govt's. Pillar No. Voice of Human Sanity, Which we (To Start With) in the State 3 is District Council's. Pillar No. 4 is have Just lost; the Great Loss L e g i s l a t i v e A s s e m b l i e s , Village Panchayat's As worker of Indeed. Let's not forget him in the Parliament, Municipal Councils & the PUCL Justice Sachar was firm Present Turbulent Times. Thank you All q Punjab PUCL: Rajinder Sachar Remembered Legal luminaries and activists paid readover by his lawyer son Sh. Amit especially the young lawyers in rich tributes to the great humanist, Sethi, remembered how Mr.Sachar addition to reading law books also jurist and public intellectual Justice used to move around in the city on a start reading other literature as law Rajinder Sachar in a memorial bicycle and always used to side has application on society and meeting organized by Punjab, with the victims of State operation without knowing the society and our Haryana and Chandigarh units of and the down trodden inside as well surrounding we can not interpret Indian Association of Lawyers (IAL) as outside the Court.He said that and implement it correctly. Sh. – an organization with which he had Mr.Sachar was always in favour of Rajinder Mohan Kashyap, General long association and was also one good relations between India and Secretary PUCL, Punjab, Haryana of its Vice-Presidents. The Pakistan and he used to go to Indo- and Chandigarh said that Sh. memorial meeting held at People's Pak Border at Wagha every year on Sachar was the President of PUCL Convention Centre in Chandigarh 14th August along with Sh. Kuldeep from 1986 to1995 and this on 17-05-2018 was attended by Nayyar and others to lit the lamp of organization was closest to his Senior Lawyers and other friendship. humanly soul and not a day would members of Punjab & Haryana Sh. R.L.Batta, Senior Advocate of go without him asking about the High Court Bar Association, retired Punjab and Haryana High Court activities of PUCL from its High Court Judges and social and President of Punjab, Haryana functionaries in different parts of a c t i v i s t s . T h e p r o m i n e n t and Chandigarh unit of PUCL also the country. Mr. Kashyap recalled participants were, the President of shared memories of his association that Sh. Sachar would like to be Indian Association of Lawyers, with Sh. Sachar since he became called himself a socialist first and former Advocate General, Punjab part of socialist movement and justice later.He said that with the and noted criminal Lawyer Sh. thereafter as an activist of PUCL. death of Sh. Sachar we have lost a R.S.Cheema, former Advocate Mr.Batta said that Sh. Rajinder strong voice of sanity. General of Punjab and Haryana Sachar was a great votary of Besides the above, others who Ch. Harbhagwan Singh, Senior human rights and spend his whole spokeon the occasion and paid Advocates and old colleagues of life fighting for the constitutional, tribute to Sh. Sachar were S/Sh. Sh. Sachar, S.M.J.S. Sethi and legal and human rights of citizens of Justice J.C.Verma, J.S.Toor, R.L.Batta, former Judge of Punjab the country especially the weaker Advocate, R.S. Bains, Advocate, and Haryana High Court and sections of the society. Arjun Sheoran, Advocate, Sh. A.S. Rajasthan High Court Sh. Ch.Harbhagwan Singh, another Paul, Dr.Joginder Dayal and Sh. J.C.Verma, Vice-President of Senior-most member of Punjab Ashok Nirdosh. Where the Dr. Indian Association of Lawyers Sh. and Haryana High Court Bar Joginder Dayal, member National Sarjit Singh and senior advocate Association said that Sh. Executive of CPI underlined Justice Sh. A.P.S. Deol. RajinderSachar was a great man, a Rajinder Sachar's contribution in While paying tribute to Sh. Sachar, g r e a t f r i e n d a n d a g r e a t bringing to lime light the social and Sh. M.J.S.Sethi – one of the Senior- humanbeing. He called Sh. Sachar economical plight on Muslims in most members of Punjab and a socialist by heart and made India through his report being a H a r y a n a H i g h C o u r t B a r special mention of his simplicity memberof the government Association shared memories of and the attitude of encouraging appointed commission on the his association with Sh. Sachar young lawyers when he was a issue, Sh. Ashok Nirdosh said that when he was practicing in the High Judge. Justice Sachar always wanted to Court before 1970. Mr.Sethi, who Mr. Gurinder Pal Singh, former be in the fore front of all the mass was though present but could not Chairman of Punjab and Haryana campaigns and activities on the speak due to his old age and Bar Council said that true tribute to issues of justice and human rights instead his written speech was Sh. Sachar would be if we and despite his old age and health

PUCL BULLETIN, JUNE 2018 8 related problems. Sikkim where he came to be known that today not only Indian In his concluding remarks, Sh. as cycling judge as he used to go to democracy but all the principles R.S.Cheema said that Justice the Court on a bicycle. Mr. Cheema and values of our constitution, Sachar was always known for further said that though Justice which are a product of Indian taking principled stand on issues Sachar's death has created avoid, freedom struggle, are in danger. concerning the society and the however, it is the duty of all of us to Mr.Cheema further said that if we country. It was justice Sachar who fill that void. He said that we all want to keep the memories and being a Judge of Delhi High Court whether lawyers, professors or ideas of Mr.Sachar alive then we took notice of PUDR report on Delhi judges will have to become activists will have to take this pledge that we anti-sikh rights and issued notice to and as we have to read something all will create a little activist within the Government. Before that he else also in addition to our own ourselves. had opposed emergency on legal subject books, we have to do also Ashwani Bakshi Secretary, Indian grounds. As a punishment he was something else in addition to our Association of Lawyers (IAL). q transferred to Rajasthan from professional duties. He pointed out

The Sachar Saheb I Knew Tanweer Fazal Justice Rajindar Sachar passed of heart failure. Never could I ministers and chief ministers would away on Friday. He was 94, so one proceed beyond a few sentences. invariably be complemented with could say that it was a life well lived, Similarly, it is difficult to write about public hearings. People travelled and that everything is eventually Sachar saheb too. But, perhaps I from remote towns and districts to perishable in this world. What could have matured now. share their grievances with the be better than to be able to live by My close association with Sachar committee. There were special your ideals, and when you die, to saheb began in the Prime s e s s i o n s w i t h w o m e n have a ring of admirers to Minister's High Level Committee representatives, NGO workers and remember you. These words of (set up in 2005 to prepare a report community leaders. These were consolation, of solace, do provide on the social, economic, and learning occasions for all of us, succour to the bereaved. Yet, there educational conditions of the when official truths, carefully is a void that Sachar saheb leaves. Muslim community of India), where calibrated data and the 'glories' of This sense of emptiness is I was a researcher, and he, the governments would be confronted compounded by the times we live chairperson. Whether it was the by the reality and its perception on in, when the values of trust and politics that we shared or his the ground. Sachar saheb ensured conviction are plummeting, both in interest in the subject that I was that the dignity of the ordinary public and in private spheres. researching for the committee or a person never diminished in the Sachar saheb in his small frame combination of both, I was meetings in which high officials of was far more towering when it summoned far more frequently the government were also present. came to living by the principles he than my colleagues to his chamber. For me, there was a lesson to be cherished. And yet, he would rarely He would seek my opinion on the learnt as to how one should impose them on others. interpretation of tables that were conduct oneself while holding a Obituaries are difficult to write, furnished to him by the research responsible position and a high especially of those who have team, but more than that, our public office. Despite the insistence moved you, influenced you, discussion would be about a range of the host governments, Sachar perhaps which is why you try to run of issues: history, the horrors of saheb never agreed to have a red away from attributing mortality to Partition, state of politics and also beacon on his vehicle, a status them. Obituaries are also a closure, religion. As it turned out, most often pronouncement that very few an acceptance that ultimately the I chose to be an avid listener, given would decline. A standing swan has flown away, alone. I have the depth of his knowledge on instruction from the committee was attempted to write tributes earlier, these subjects. Those concerns that the chairperson would stay too, when one of the tallest were so close to his heart, and he only in state guest houses, no communist leaders of the Naxalite spoke with such passion that he matter how shabby they were in movement passed away; when our would often lapse into Punjabi, comparison to seven-star hotels. leader at Jawaharlal Nehru forgetting that a Bihari was sitting in This was the code of ethics that he U n i v e r s i t y w a s k i l l e d b y front of him. had set for himself—never were Shahabuddin's (an RJD leader) The committee toured the length these forced on others, the gunmen in Siwan in Bihar; when a and breadth of the country, and on members, the researchers or the friend much younger than me died his direction, closed door meetings subordinate staff. with bureaucrats, police officers, PUCL BULLETIN, JUNE 2018 9 He was perhaps conscious that the S a c h a r s a h e b r e m a i n e d him. A couple of years later, when report was being awaited by the undaunted. He defended the the central government conferred people, and the task at hand had to decision to seek the headcount of on him the Padma Vibhushan, the be completed in time. Usually in the defence forces on grounds that country's second-highest civilian government-appointed committees as it drew from public exchequer, it award, he politely declined. and commissions, given the perks, was accountable. Sachar saheb's optimism knew no status and importance that come It was not that indignities were not bounds. In politics, he had attached to it, there is a tendency to thrown at him. For accepting to immense confidence. He looked prolong its tenure. This very often head a government-appointed with dismay as the Anna Hazare suits both the governments of the committee, many thought that he anti-corruption movement swayed day as well as those in these had fallen for sarkari lure. During a his colleagues of the socialist bodies. If truth is uncomfortable, meeting, one chief minister (no stream, one after the other. As one better leave it buried. But Sachar prizes for guessing who), on being of them announced the coming of saheb, from the very beginning, probed over the skewed figures of 'new politics' and predicted the end had made it clear that no extension minority development from his of ideology, Sachar saheb could would be sought. Ultimately, the state, chose to give it back to foresee the onset of fascism. In c o m m i t t e e c o m p l e t e d t h e Sachar saheb: 'Agli baar phir jab spite of his advancing age, he mammoth exercise in record time, kisi committee mein aapka number founded the Socialist Party, and with only one four-month extension lag jayega, phir aayiega'. (Come devotedly campaigned for it. Like a to incorporate the information from next time, when you are once again young party enthusiast, he was the 2004–05 round of National m a d e a h e a d o f a n o t h e r constantly on the lookout to rope in Sample Survey. committee). The bureaucrats new people. I have a feeling, he had Though not a specialist, Sachar laughed with their chief minister, set his eyes on me as well. He saheb brought immense wisdom, a adding insult to injury. For a person would personally call me to ensure sense of uprightness and fortitude who was himself the son of a p a r t i c i p a t i o n i n t h e p a r t y to the exercise. This helped the governor and chief minister, who programmes. His politics was committee stay together and had been the chief justice of a high however, not inanimate and focused even in difficult times. The court, served on national and mechanical but fashioned out of committee was accused of international tribunals and panels, humane and life-affirming values. communalising the armed forces and one who had chosen not to run Every Eid and Baqr Eid, he would b y s e e k i n g r e l i g i o u s l y after positions, to be mocked at like make it a point to greet all of us, a d i s a g g r e g a t e d d a t a o f this was hitting a little too low. It practice that he continued till his e m p l o y m e n t . T h e h u g e angered the committee, but Sachar end. Farewell Sachar saheb. This controversy that followed helped saheb kept his calm—he simply Eid, you will be missed. the chief opposition, the BJP, go repeated the question, conveying Courtsey: Janata, 29 April 2018 q hammer and tongs against it, but to the CM that nothing would deter PUCL West Bengal: Remembrance in Memory of Justice Rajindar Sacher On 28th April, 2018, the West Senior members & friends took significant service rendered by the; Bengal State PUCL convened a active part in the meeting and some Justice Sachar as Human Rights Condolence meeting to pay respect of them Dr. Binayak Sen, Dr. Sajal Activist for the society. to the departed sole of Justice Sose, Dr. Tushar Chakraborty, Amlan Bhattacharjee, Convenor, Rajindar Sachar at its Kolkata M e h a r E n g i n e e r , A m l a n PUCL West Bengal. Office. Bhattacharjee recalled the

Announcement of the PUCL National Executive meeting on 30th June & 1st July 2018 PUCL National Executive meeting will be held on 30th June and 1st July 2018 (Saturday-Sunday) at Supreme Enclave, Mayur Vihar, Phase 1, Delhi. So, we request you to make travel arrangements to reach Delhi in time for the start of the meeting on 30th June, 2018. Lodging arrangements are being made in Gandhi Peace Foundation where 3-seater rooms are available, for those who need lodging. All those who plan to come on 30th June 218 itself and need room arrangements are requested to confirm to the National Office ([email protected]) and National General Secretary ([email protected] ) as soon as possible, otherwise we will not be able to accommodate requests for rooms made at the last moment. Please also note that this meeting is only for select invitees - viz., the Presidents and General Secretaries of state units, apart from National Office Bearers. So kindly do not send substitutes for the meeting. V. Suresh, National General Secretary, PUCL

PUCL BULLETIN, JUNE 2018 10 Statement Protesting the Extra-Judicial Killings in Uttar Pradesh The undersigned have been pattern to what clearly appear killings must be deprecated. involved with a few publishing to be extra judicial killings. For They are not recognised as projects to do with the theme of one, to a man, they are all from legal by our criminal justice state impunity, in India and more extremely poor families and administration system. They generally in South Asia. These secondly, they have all been amount to State sponsored projects have yielded several killed in ways that suggests a terrorism.” books to date. Historians, clearly executed plan of action. In addition, when such killings sociologists, economists, lawyers, The Wire notes in this regard: take place, the law of the land and civil rights and women's rights “They were all undertrials in a requires that they be probed activists across the country have number of cases. Just before and guidelines for doing so contributed to these volumes. each encounter, the police have been defined by the The research focused on India received a tip off about their National Human Rights meticulously document specific location. They are either on a Commission (in its letter to the instances of rights violations, bike or a car. As soon as the G o v e r n m e n t o f A n d h r a including the right to life and liberty, police tries to stop them on the P r a d e s h , D . O . l e t t e r over the years, and under all road, they start firing. In No.4/7/2008-PRP&P dated political regimes. They call retaliatory fire, the accused 12th May, 2010) and by the attention to how officers of the receive bullet injuries and are Supreme Court (in People's Indian State, embers of its Police declared dead on arrival at the Union for Civil Liberties Vs. force, para-military forces, sections hospital.” State of Maharashtra (2015 of the Indian army and non-state Mr. Yogi has made the connections CriLJ 610). However the police vigilante groups acting on behalf b e t w e e n M u s l i m s a n d not only ignore such guidelines and with complete state complicity criminality publicly, and but actually triumphantly have subjected diverse populations indicated that 'cleansing' the proclaim their expertise as to untold violence, from Manipur to land of such 'criminals' was a encounter specialists. A police Punjab and from Kashmir to task he took seriously: “Police officer (from the district of Chhattisgarh. They also provide in UP will now respond to a S h a m l i , U P ) w h e r e a n analytical and political frameworks bullet with a bullet. Unlike the encounter was carried out in to comprehend the extent, previous government, I have the last few weeks was actually patterns, regularity and depth of given full authority to the force paraded in a chariot, as an state impunity in the Indian context. to deal with criminals in the acclaimed hero who had As authors and editors of these m o s t a p p r o p r i a t e w a y carried out the chief Minister's volumes, we would like to express possible.” mandate. our strong criticism and protest at 3. Mr. Yogi's statement is in Issues the latest instance of state blatant violation of important 1. The charge of extra-judicial impunity: the extra-judicial killings Supreme Court judgements killings against the government that have taken place in Uttar that have repeatedly called to of Uttar Pradesh was taken Pradesh over the last 10 months account 'trigger-happy' police note of by the National Human (from March 2017 until end- personnel. For example, In the Rights Commission. On February 2018). Om Prakash and Ors. Vs. State November 22, 2017, citing a Background of Jharkhand through the statement by Mr. Adityanath 1. Since the BJP government Secretary, Department of Yogi that “criminals will be jailed under the Chief Ministership of Home, Ranchi-1 and Anr. or killed in encounters”, the Mr. Adityanath Yogi assumed [(2012) 12 SCC 72] case, the NHRC issued notice to the UP office, 420 encounters have Court noted: chief secretary calling for a taken place, leaving 15 people 'It is not the duty of the police detailed report in the matter but dead. Of these 10 were killed officers to kill the accused to date, it has received no reply. over 48 days leading up to merely because he is a It made a related observation in September 14, 2017 when Mr. dreaded criminal. Undoubtedly, February 2018 stating that the Yogi proclaimed in a press the police have to arrest the police are misusing their conference that the encounters accused and put them up for powers. had successfully cleansed the trial. This Court has repeatedly 2. In December 2017, with barely land of criminals, and showed admonished trigger happy any debate, the UP state the police acting from the front. police personnel, who liquidate assembly passed the Uttar 2. Muslims are a majority of the criminals and project the Pradesh Control of Organised dead, and there appears to be a incident as an encounter. Such Crime Act (UPCOCA). Like

PUCL BULLETIN, JUNE 2018 11 other such laws, this one too paid informers, who are government of Uttar Pradesh has draconian aspects that are themselves in trouble with the respond to the NHRC's queries easily used to detail those who law and therefor coerced by the and also institute enquiries into do not have the ability and police into spying on their the killings, as per the r e s o u r c e s t o d e f e n d neighbours. If this charge is guidelines set forth in various themselves. While there exist indeed true, it is covert judgments of the Supreme stringent provisions in existing vigilantism resorted to by the Court and the guidelines laws, enhanced by central laws p o l i c e a n d h i g h l y defined by the NHRC. like the Unlawful Activities condemnable. 5. We call upon the NHRC to (Prevention) Act (UAPA), 1967, Our Concerns and Demands pursue its probe into the so- to deal with what police 1. We condemn in the strongest called encounter deaths. consider crime and criminality possible terms the spate of 6. We call upon all citizens to of a high order, states insist on extra-judicial killings in Uttar condemn such acts set in drafting and passing new laws Pradesh impunity. to give themselves additional 2. W e i n s i s t t h a t p u b l i c 7. We demand justice for all powers to deal with crime, or c e l e b r a t i o n s o f p o l i c e victims and due compensation, terror, all of which are often vigilantism are stopped and as inscribed in specific laws used against hapless individual those who are celebrated as and rulings. citizens. 'encounter specialists' brought Uma Chakravarti, Urvashi 3. A disturbing trend in this to justice, in keeping with the Butalia, V. Geetha, Navsharan context is the manner in which laws of the land. singh and others. the police appear to go about 3. We call for a halt to the Link: the business of identifying harassment and intimidation of https://countercurrents.org/2018/0 potential and actual 'criminals' - the families of the dead. 3/03/statement-protesting-extra- by the setting up of a system of 4. W e d e m a n d t h a t t h e judicial-killings-uttar-pradesh/ q

21.5.2018 `Project 39A` of the National Law University, Delhi Dedicated to study of Criminal Justice System Dr. Anoop Surendranath, Executive criminal justice system need penalty has seen us publish annual Director of the Centre on the Death research and intervention to death penalty statistics, develop Penalty of the National Law address the barriers that impede creative strategies using literary University, Delhi has decided to the effective access to justice. and cultural resources and engage rename itself as `Project 39A' ( “Our journey as the Centre on the with a wide range of audiences. www.project39a.com). The change Death Penalty from August 2014 “The decision by the University to is not just in name, but symbolises a has been one of immense learning. back such an endeavour is in the change in the essential thrust of the All three areas of our work - highest traditions of the role of r e s e a r c h b o d y w h i c h h a s research, litigation and public universities in societies such as contributed immensely to the outreach - have posed unique ours. Given the polarising nature of Campaign against Death Penalty in challenges in terms of ethics, the death penalty, it hasn't been India through its wide ranging and strategy and access. Beginning easy for the University to support comprehensive research on death with the Death Penalty India Report, our work. It speaks volumes of the penalty issues. our research efforts have also leadership at the University that, In a communication to PUCL, Dr. looked at trial court death penalty apart from the unwavering support Anoop Surendranath writes: sentencing (report forthcoming in we have received, there has been “Project 39A draws inspiration from August 2018), mental health of constant encouragement to Article 39-A in the Constitution on death row prisoners (report b r o a d e n a n d d e e p e n o u r equal justice and signals the forthcoming in October 2018) and engagement with the criminal broadening of our engagement with an opinion study with 60 former justice system. the criminal justice system in India. Supreme Court judges (Matters of “This transition to Project 39A While retaining the intensity of our Judgment). We are now also opens up interesting avenues of engagement with the death involved with the pro bono legal enquiry into critical areas of the penalty, Project 39A will also see us representation of nearly 65 death criminal justice system in India and explore issues of forensics, torture, row prisoners across India through we do hope that we can look forensic psychiatry and legal aid. our litigation efforts. Our public forward to your continued support”. This broader approach reflects our outreach efforts on the death We wish the newly named Centre belief that multiple aspects of the PUCL BULLETIN, JUNE 2018 12 all the best in its work of research Death Penalty India Reports: Statistics, 2016-17 and engagement with the Criminal https://issuu.com/p39a/docs/dp https://issuu.com/p39a/docs Justice System in India. ir_volume_1 /deathpenaltyreport_annuals Dr. V. Suresh, General Secretary, https://issuu.com/p39a/docs tats2017_ PUCL National /dpir_volume_2 UN Documents: Moving Away Our readers may like to access the Matters of Judgment: from Death Penalty: Reports of the Centre on Death https://issuu.com/p39a/ https://issuu.com/unitednati Penalty / Project 39A at the docs/combined231117 onshumanrights/docs/moving- following URL's. Death Penalty in India: Annual away-from-the-death-penalty q An Invitation to Our Readers A number of events have occurred in the last few months which raise issues of fundamental importance to human rights and democracy, role of the judiciary, responsibility of citizens and political parties and in general about the state of human rights in contemporary India. We may mention in this context the ruling of the Supreme Court on the functioning of the SC/ST (Prevention of Atrocities) Act, 1987 which triggered major nationwide protests by groups fighting for Dalit rights and social justice, the judgment of the SC on the PIL pertaining to investigation of Judge Loya, the way the Karnataka elections took place and numerous similar issues of great importance. Considering the importance of these issues we once again invite our readers to send in analytical articles outlining their views, critiques and perspectives. Articles should be between 800-1250 words in length and should be sent to and We carry below an article reflecting on the SC ruling in the SC/ST (POA) Act. We will be carrying some more articles in the next issue. - V. Suresh, Editor, PUCL Bulletin

Undo the Wrong An ordinance to overturn the Supreme Court order on SC/ST Atrocities Act is much needed1 Faizan Mustafa, Indian Express, April 19, 2018 The controversial judgment on the the review petition, reminded the two-judge bench rather than SC/ST Atrocities Act has yet again Modi government that it had terming the judgment of another brought to the foreground the conceded during the regular two-judge bench as per incuriam, faultlines of our democracy. A hearing that the Act is being should have ideally referred the cornered government, anticipating abused. The bench denied that its matter to the Chief Justice of India political repercussions, has moved judgment has diluted the Act and for the constitution of a three-judge the apex court for a review of the reiterated that the judgment merely bench. j u d g m e n t . I n i t s w r i t t e n ensures compliance with due The perception that the Modi submissions, it has stated that the process and protects the liberties of government is anti-Dalit is fast judgment has created disharmony the people. In 2014, more than 50 g a i n i n g g r o u n d — i n a n in society and violated the principle per cent seats reserved for Dalits unprecedented move, five Dalit of “separation of powers”. A few were won by the BJP. In the likely MPs from the BJP have written BJP state governments, which had scenario of the Court rejecting the letters to the prime minister promptly implemented the apex review, minister Ram Vilas Paswan expressing their anguish on the court order, have now withdrawn has hinted that the Modi marked deterioration in the their circulars and decided to file government may bring in an condition of Dalits in the last four review petitions. Kerala too has ordinance. years. In the worst case scenario of filed a separate review petition. It is nobody's case that the court the Court refusing to review the Prime Minister Narendra Modi has should recall its judgment because order, the government should assured that dilution of the special of public sentiment. But the court promulgate an ordinance. Legally provisions will not be permitted. should also keep in mind that it has speaking, the government can There is a concerted effort to reach consistently maintained that bring in the ordinance even now. out to Dalits and appropriate “separation of powers” is the “basic But can Parliament overturn a Ambedkar, though the fact remains structure” of the Constitution. The verdict of the Supreme Court? The that the BJP-ruled states are the judiciary is not supposed to answer is yes. Parliament, in worst in terms of atrocities against overtake legislative functions exercise of its plenary powers, can Dalits. through the so-called “guidelines”, undo any judgment or order of the The bench of Justice A K Goel and particularly on subjects where there court. Justice U U Lalit, while admitting is no legislative gap. Moreover, a In fact, in its first seven months, the PUCL BULLETIN, JUNE 2018 13 Modi government equalled Indira decree.” allow its imagination to boggle but Gandhi's dubious record of The validating law must answer the must carry the legal fiction to its promulgating an ordinance every tests: Whether the subject of the logical extent and give full effect in 28 days. After the then President validating law is within the it”. Here, arrest was made by an Pranab Mukherjee's advice, breaks competence of the concerned excise officer, later by a were applied on the so-called legislature; whether the validating retrospective law, fiction was ordinance raj. But now there is a law has removed the defect pointed created adding words “or police just cause and an appropriate out by the court and; whether the officer” after excise officer. occasion to use this extraordinary validating law is consistent with Jawaharlal Nehru had brought in the power. The Modi government itself fundamental rights. Of course, first constitutional amendment to had brought in an ordinance Parliament cannot overturn a undo the seven-judge bench followed by an Act to overturn the judgment by a mere declaration. It decision against reservation in Supreme Court's judgment on the has to do more, that is, it must Champakam Dorairajan (1951). enemy property law. The UPA, too, remove the basis of the judgment. The Congress government in 1995 had brought in an ordinance in To overturn the SC/ST judgment, amended the Constitution by the 2012 to overturn the Vodafone the ordinance should clearly state 77th amendment to undo the judgment. Innumerable cases can that the so-called abuse of law has Mandal judgment in Indra Sawhney be cited where judgments were not been proved by any authentic ( 1 9 9 2 ) o n r e s e r v a t i o n i n overturned through ordinance. But research and reasons of high rate “promotions”. due to our prejudices, we merely of acquittal were overlooked by the Let the BJP government renew its remember the 1986 law enacted to court. In Utkal Contractors (1987), commitment to Dalits by doing overturn Shah Bano without the Supreme Court explicitly held something more concrete than realising that the new law in reality that rendering judicial judgment merely emphasising “Ramji” as proved to be a boon for Muslim ineffective through legislative Ambedkar's middle name. Let it women, as it gives much greater powers by removing the basis of also promulgate ordinances to protection to them than is available judgment is a well-known pattern of overturn apex court judgments on to divorcees of other communities. all validating laws. “Such an promotions and department rather The device of validating an ordinance cannot be termed as than university being taken as the ordinance/statute is used to adopt encroachment of judicial power,” unit to reserve posts. Let us hope the law to meet the exigency of the Supreme Court said. the Court will not prove Arun Jaitley situations arising out of judgments. What to say of facts, Parliament right, who had said on the floor of Thus, any problematic judgment or may even create fictions. In Parliament that “judiciary is mandamus of court can be undone Fakrusab Babusab Karanandi destroying Parliament brick by by the validating law. Such (1976), the apex court observed brick”. validating statutes generally state that “it is now settled law that when 1http://indianexpress.com/article/opinion “ n o t w i t h s t a n d i n g a n y t h i n g a legal fiction is enacted by the /columns/supreme-court-sc-st-atrocities- contained in any judgment, order or Legislature, the Court should not act-dalit-bjp-5142984/ @ 22.4.2018 q Media Freedom and State Control: Yet another attempt to Muzzle and Gag the Press Note: Unnoticed in the din of daily news of hate violence, communal clashes, caste atrocities and other acts of state excesses relentlessly taking place across India, an action of the Central Government to gag the media and the subsequent protests by professional media bodies and the intervention of Prime Minister Narendra Modi to direct withdrawal of the circular, went unnoticed. In view of the importance of the circular as yet another assault on the freedom and independence of the press, we are carrying reports of the issuance of the Circular as also the later decision to withdraw it. Fake news order: Editors Guild condemns I&B Ministry's 'Arbitrary Manner'1 Indian Express, New Delhi, April 3, 2018 A day after the Union Information to inform that the Press release on Political parties have also reacted and Broadcasting (I&B) Ministry Fake news regulation issued to the ministry's move, terming it as issued a press release on “fake yesterday i.e., 02 April 2018 stands a plan to gag the media. news”, the Editors Guild of India on withdrawn.” The press release Here is the full text of a statement Tuesday condemned the measure, issued on Monday evening stated issued by the Editors Guild on even as the release was withdrawn that journalists who “created” or Tuesday: by the ministry after Prime Minister “propagated” fake news will stand Narendra Modi's intervention to lose their accreditation with the “The Editors Guild of India today. In a “clarification” issued on Press Council of India and News strongly condemns the Tuesday, the ministry said, “This is Broadcasters Association (NBA). arbitrary manner contemplated by the Union Information and

PUCL BULLETIN, JUNE 2018 14 Broadcasting (I&B) Ministry in a manner that gives rise to themselves. Moreover, news ostensibly to penalise any doubts over the independence organisations are not the only j o u r n a l i s t o r m e d i a of the institution and its ability source of generation of fake organisation publishing fake to play neutral umpire. The news with the country awash news. By notifying that the I & B Guild's nominees to the with digital platforms of all hues Ministry will initiate such Council were disallowed on and opinions that operate proceedings, the Government technical grounds. Also, the without constraints and have was arrogating for itself the role recent reconstitution of the the potential to cause far more of policing the media. It would Central Press Accreditation damage”. have opened the door for C o m m i t t e e h a s r a i s e d “The Guild has always stood frivolous complaints to harass questions over the non- for observing the highest journalists and organisations to transparent processes being journalistic standards and is fall in line”. followed by the I & B Ministry as willing to work with the Central “The Guild acknowledges the Guild's application was G o v e r n m e n t , s t a t e the intervention of the Prime ignored”. governments and media Minister's Office to withdraw “The Guild also points out bodies to define what can be the I & B Ministry's notification that 'fake news' is a process constituted as 'fake news' and but remains deeply disturbed t h a t c a n n o t b e l e f t t o take action against those found that faith continues to be governments to initiate action guilty of propagating such reposed on the Press Council when, on many occasions, the news without compromising on of India to deliver justice on governments and the parties in t h e i n d e p e n d e n c e a n d such issues. The recent power – both at the Centre and freedom of the media”. reconstitution of the Press states – are charged with http://indianexpress.com/article/india/fake- Council of India has been done propagating fake news news-order-editors-guild-condemns-i-b- ministry-smriti-irani-5122011/ @ 02Apr q

General Secretary Letter on 06th April 2018: Please write and send in Articles for the PUCL Bulletin! Dear friends, You all may have noticed that in the last few years we are carrying articles written specifically for the Bulletin and not as reprints of their articles written elsewhere. I had also written to many of you earlier to submit articles for publishing in the 'Bulletin. I specifically request the following: 1. Suggest themes for different monthly issues of the Bulletin. For example June 5 is World Environment Day; so June issue can focus on environment issues. We are not making all monthly issues thematic based. On an average out of 12 monthly issues in a year, we try to collate articles aroudn themes on 3 to 4 times a year. This is so that there ia a variety of articles and also so that we can ensure that we carry articles on Fact Findign teams and other itnernal reports. I am happy to say that as on date, there are no pending Reports of state units which have not been published, to the best of my knowledge. 2. Suggest different writers and subjects they can write on for the Bulletin. This could be included in different issues depending on space available. But it wil help to build up an ARTICLE BANK from which we can add articles to monthly issues. 3. I request our office bearers (both national and state) and members to submit articles, Sumamries of important human rights related cases, reports about conferences and meetings they attended which is worth sharing with others, Reading list of books and articles on human rights etc., list of films of human rights cocnerns with URL in the case of web films etc can be shared. I am sure with the rich experience base of our members, we can make the Bulletin a vibrant space for discussion and debate. Please, please do contribute. 4. Suggestions to change the format of PUCL Bulletin. A long pending task is to start a PUCL Bulletin in Hindi. Every meeting there is a lot of complaints and cribs - bit some people have to come forward to anchor this and take the responsibility of putting together the Hindi Bulletin. This is something I personally cannot help in. So it depends on other members to step in. We have to reconstitute the Editorial Committee. Please do share ideas on how to go forward on this so we can discuss and decide in the next National Executive meeting. I look forward to more inspired and continued support from our colleagues. A more vibrant PUCL will help to charge all our members to face the onslought which is already upon us. So friends please do take the time and effort to respond. regards, Suresh

PUCL BULLETIN, JUNE 2018 15 Fake News will Now Cost Journalists Accreditation: I&B ministry1 Express News Service, 03rd April 2018 New Delhi: In a bid to stop the the fake news will, if accredited, If the news is found to be fake, the dissemination of fake news, the have the accreditation suspended accreditation of the journalists Information and Broadcasting till such time the determination involved in creating or propagating Ministry on Monday amended regarding the fake news is made by it will be suspended for six months guidelines which seek to suspend the regulating agencies.” for the first violation. The the accreditation of a journalist if They also say that any complaint accreditation will be suspended for found guilty. Officials claimed that about fake news would be referred one year for a second violation, and the initiative had been taken to the Press Council of India if it cancelled permanently for a third following instances of fake news pertains to the print media, or to the violation. appearing on media platforms. News Broadcasters Association if it 1http://www.newindianexpress.com/na As per the new guidelines, “Once relates to the electronic media, to tion/2018/apr/03/fake-news-will-now- the complaint is registered for determine whether or not the news cost-journalists-accreditation-ib- determination of fake news, the is fake. These agencies will ministry-1796191.html @ 02Apr2018 q correspondent or journalist complete the determination within whoever created or photographed 15 days.

PUCL Maharashtra Adhoc Committee Meeting Minutes: Sent by Lara Jesani on 15th May, 2018 by email. Minutes of PUCL Members Meeting held at BUJ on 12th May 2018 Attendees: 23 persons attended, report as well as recordings of and suburbs. Next Public Meeting email IDs and phone numbers session. He will share the links would be on Judicial Accountability, attached with excel sheet already made available to admin in the second quarter of June. There were few points on agenda: team, so they can prepare report 6. PUCL Constitution in English 1. Venue for next meeting: It was and forward it to PUCL National a n d H i n d i , K n o w P U C L , discussed that we need to hold Executive for publishing in PUCL Membership Form and PUCL meetings at some place central, so Bulletin. Bulletin - May 2018 are attached it becomes easier for people to 4. Outreach required to be done at to this mail. Please note some attend, like Dadar - near station. Maharashtra level to activate essential PUCL Co-ordinates: Some Options proposed in Dadar - centres and increase memberships P U C L W e b s i t e - a. Chabildas school room from other parts of Maharashtra http://www.pucl.org - Monthly b. Shramik - John will follow up on how to PUCL Bulletins, reports, press c. NAPM office contact various previous releases, PUCL documents d. Modak School, which Tejas m e m b e r s o f P U C L a t (including all above docs), details reported where BRM has Maharashtra level, whose only are all available on this public meetings postal addresses are available. website. Request everyone to 2. Group should be formed for A suggestion put forth that access this website for all admin responsibilities in rotation for return post cards be sent along information and keep themselves 3 months - with an appeal letter in an updated. envelope, with blanks to be a. Co-ordinate meetings and P U C L F a c e b o o k P a g e - filled for email address, latest https://www.facebook.com/peopl send meeting invites to all p h o n e n u m b e r s a n d b. Manage email account of willingness to participate in es.union.for.civil.liberties/ PUCL Maharashtra PUCL activities, so it can be P U C L M a h a r a s h t r a C o - c. Coordinate with Alex to update updated in records. ordinates: PUCL Maharashtra and keep membership records, - Outreach needs to be carried e m a i l a d d r e s s f o r o ff i c i a l once updated list provided by out at Maharashtra level, to c o m m u n i c a t i o n - Alex, the same needs to be start with Nagpur, Aurangabad, [email protected] forwarded to PUCL National for Wardha, Pune. All PUCL (managed by Admin group) updating e-list for PUCL members to outreach with PUCL Maharashtra Members Bulletin friends and organisations G o o g l e g r o u p - p u c l - d. Manage minutes of the across Maharashtra and also [email protected] meetings identify contacts. Invites e. Follow up on responsibilities (principally managed by John) should also be sent to people PUCL Maharashtra Members taken by various groups and from other cities to participate th WhatsApp Group - If you are not on individuals. in the next meeting on 7 June. st it please forward numbers to Tejas, 3. Report of 21 April public 5. Public meetings: We should meeting: John has put together John, Lara (Currently PUCL alternate between south Bombay Maharashtra does not have

PUCL BULLETIN, JUNE 2018 16 separate social media pages on various movements and Bombay level and also Facebook, twitter and is using the causes outreach at Maharashtra level, PUCL portal for promoting its e. Need to consolidate and participate in various actions events.) bring out on issues which we as PUCL, actively ask people 7. Various issues to be addressed should take to younger people. to join in, hold public meetings by PUCL, suggestions were: There is need to intervene every month. a Judicial Watch amongst youth. b. It was suggested that in b State of Civil Liberties in i. Young people are yet to be education we need to study Maharashtra tamed like adults and make policy interventions c. Sexual Violence ii. Do not read newspaper or c. There was suggestion that d. Education listen to TV news, need we should come out with small i. RTE interventions in social media booklet which talks about “Why ii. Privatization of higher iii. Need to encourage culture PUCL required in Maharashtra to speak up at this juncture”. 4-5 pages and education circulate it. iii. SC/ST student iv. Moral policing of dress code etc. d. We need to personally call scholarships up people on phone who have e. Bombay DP v. Issues to be taken are i.e. death penalty, Reservation, registered their membership to f. Farmers Issue Privatization ensure better participation g. Freedom of expression f. There was suggestion about e. Suggestions that next public h . R e s e r v a t i o n s f o r holding session/workshop in meeting be held in Andheri, we marginalized (to be taken to Sessions that are being held by should invite people from youth) Asian Development Bank in outside Bombay to attend the I Privatization of water: June public meeting irrigation, drinking g. Point was introduced f. Suggestions for public j. Bullet trains whether PUCL should restrict meeting: k There are legislations which itself to Civil Liberties and not i. Judicial accountability (by p r o h i b i t p e o p l e f r o m other issues. mid June) challenging superiors in i. We need to figure out where ii. Freedom of expression: authority? all we can participate as Food, Dress code, Sexual l. Death penalty amendment in PUCL orientation POCSO needs to be spoken ii. What kind of stand PUCL iii. Death penalty against, we were to draft and takes on international issues g. We should form a legal group issue statement, this in facts iii. What all comes under which looks at all campaigns to endangers the victim further. m a n d a t e o f P U C L : plan if legal strategy required. Need to campaign around this P r e v i o u s l y t h e r e w a s h. Suggestion can we invite issue discussion on Civil Liberties s o m e o n e f r o m P U C L - m. Repeal Sedition law is and Democratic Rights Rajasthan to talk to us about another campaign which h. When we talk about freedom t h e i r f u n c t i o n i n g a n d needs to be supported, they of expression need to connect experiences? are proposing to have individual freedom with Social i. Status of Civil Liberties in conference around July freedom, freedom to dress, Maharashtra , will take about i. So far, many interviews are have food of preference, travel, year to come up with recorded, with timeline relationships. PUCL Karnataka comprehensive document. ii. Justice A P Shah is interested took up issues of Hijra, how j. There was also concern in challenging this law they made invisible and their expressed that how do we iii. PUCL needs to collaborate rights as civil liberties issue keep diversity and unity with 8. Several types of Interventions i. Suggestion that Social media differences. that can be made by PUCL were platform should also be used. k. Announcement: On Tuesday also discussed Social media is umbrella terms 1 5 t h M a y 2 0 1 8 , 4 p m a. Legal interventions used for tweeter, whatsapp, demonstration in support of PUCL has made major legal facebook, helps to reach many Palestine people, all appealed interventions in the past, some but can be ignored too. It to join. Venue changed to : of them include: facilitates communication but Amar Jawan Memorial, Next to POTA, Phone Tapping, Right to can ne not take note of too. CSTM Subway No. 1, Opposite food, elected representations 9. What should be focus of PUCL in Cannon Foodstall. Opp. with criminal records getting the coming months - B o m b a y M u n i c i p a l disqualified etc. a. There was suggestion that Corporation, Mumbai b. Policy level changes for next three months we 10. Following responsibilities were c. Specific cases s h o u l d c o n c e n t r a t e o n taken and groups formed basis d. Express solidarity with consolidating membership at issues decided to be focused on in

PUCL BULLETIN, JUNE 2018 17 the next quarter: e. 'Why PUCL in 13. Next PUCL members meeting Each subgroup should coordinate Maharashtra' booklet: John on 7th June 2018 at 7 pm. its working and keep admin group and Sunil Venue in Dadar will be intimated informed about their plans. f. Sexual Violence group not a f t e r r e p o r t i n g o n a. Admin group for next three yet formed due to lack of options/availability by Sandhya, months i.e. upto 11th August volunteers, to be taken up at Tejas. 2018 : Lara, Sita, Kranti next meeting. Agenda for next meeting: b. Next public meeting on 11. We will have meeting every first a. Call people from other cities Judicial Accountability: Thursday of every month : next th b . D e c i d e o n P U C L Kranti, Dolphy, Mihir Joshi, meeting 7 June 2018 at 7 pm ; Maharashtra level outreach Mihir Desai Suggestion made that meeting be and preparation i. When – tentatively second kept on Saturday, since some c. Finalize on public meeting on half of June 2018 people have to travel from far and it Judicial Accountability ii. Where – to be decided is not possible to reach even Dadar d. All committees/sub groups iii. What all it should include, on weekdays – to be discussed at will report progress done so far. who would be called? – If next meeting. 14. Since V Suresh Gen. Secretary possible, Indira Jaisingh to be 12. There was discussion on the PUCL National is visiting TISS, called, other details to be mandate of the ad hoc committee Mumbai, meeting scheduled with decided, Speakers should be and how long it should remain; him on Tuesday, 15th May 2018 at able to speak in Hindi suggestion made that it should 6.30 PM, to be attended by all. Any iv. Prepare concept note, remain for the time being and until clarifications re PUCL activities, invite, schedule, social media memberships consolidated. Two P U C L N a t i o n a l , m a n d a t e , material way process of communication with communication, procedure etzsc. c. Status of Civil Liberties in National Executive. Currently Ad- can be discussed by members. Maharashtra / Freedom of hoc Committee constituted in Brinelle has organized venue for Expression: Firoz, Geeta, public meeting held on 12th August meeting in TISS – School of Sita, Hussain, Tejas (group 2017 consists of - Mihir Desai Social Work Board Room, 2nd combined on account of 3 (Convener), Rajni Bakshi, Sandhya Floor, School of Social Work common members) Gokhale, Dolphy D'souza, Sitaram Building near Dean's Office in Shelar, Alex D'mello and Lara Main (OLD) Campus, TISS, V.N. d . E d u c a t i o n : B r i n e l l , Jesani. Chayanika, Sunil Purav Marg, Deonar, Mumbai. Submitted by Lara Jesani on behalf of the Ad Hoc Committee. q PUCL Gujarat: Letter to the Governor and the NHRC 9th May 2018 your recent visit to Ahmedabad, In the circumstances, we request The Chairman, National Human glaring situation of State Human you to kindly mediate in this matter Rights Commission, Rights Commission without the key and impress upon the concerned to Manav Adhikar Bhavan, 'C' Block, functionaries such as the Chairman ensure early appointment to the GPO Complex, INA, Delhi or the Registrar. crucial posts of Chairman and the In such a state of affairs, we are Registrar of the State HRC in Respected Sir, afraid that the purpose or aim of Gujarat. Please find herewith a copy of letter setting up of State Human Rights Thanking you, addressed by PUCL, Gujarat Unit, Commission will be defeated. There Yours faithfully, to H.E. the Governor of Gujarat, will not be proper monitoring for Sd./- regarding non-appointment of top defending or upholding human G a u t a m T h a k e r, G e n e r a l functionaries to head the Gujarat rights and civil liberties without full- Secretary, PUCL (Gujarat) State Human Rights Commission. fledged functioning of the State Sir, you must have noticed during Body. Encl : As stated. COPY 7th May 2018 Gujarat State Human Rights Chairman of the State Human H.E. the Governor of Gujarat, Commission is functioning in Rights Commission. For non- Gujarat State, Gujarat which contributes its mite appointment of the post of Rajbhavan, Gandhinagar for preservation of people's Human Chairman, concerned citizens Rights and the Civil Liberties. experience delay in securing justice Respected Kohlijee, But you will be surprised to note or relief in the event of violations of Subject: Gujarat State Human that for over last five months, no one human rights and civil liberties. Rights Commission has been appointed as the Moreover, posts of other members

PUCL BULLETIN, JUNE 2018 18 of the Commission are lying vacant. appropriate directions may be cause necessary appointments to More importantly, the crucial post of issued to fill up all these posts and be made as requested above. the Registrar has also not been especially that of the Chairman and Thanking you, filled up so far. During recent visit of the Registrar of the State Human Yours faithfully, the N.H.R.C. it had also felt Rights Commission on an urgent Sd./- surprised to know about such a basis. Gautam Thaker, General state of affairs. We hope that you will take personal Secretary, PUCL (Gujarat) q Hence, it is humbly requested that interest in this important matter and

Note: The electioneering for the 12th May, 2018 elections to the Karnataka Assembly saw political invectives and sloganeering descending to unbelievable depths. While it has become normal for personalised attacks to take place using the cover of electioneering, problem arises when history is distorted, false and fake references are used and conscious attempt made to malign historical figures, for the implication is not just fake information, but shaping of a false imagination. One such issue which stood out is the rhetorical question posed by Prime Minsiter Modi during one of his rallies in Karnataka about the lack of response of Jawaharlal Nehru to the incarceration and fast-unti-death launched by Bhagat Singh. We carry an incisive article on the subject by noted historian Ram Punyani. We thank him for sending us a copy of the article. ... Editor Is it politically relevant today to ask whether Nehru visited Bhagat Sing in Jail? Ram Puniyani

In the recently held Karnataka Nehru's meeting the jailed elevate Savarkar to the level to elections (May, 2018), Narendra revolutionaries, inquiring on them. which he did not belong. While Modi made statements which are Motilal Nehru had even formed a Bhagat was in jail, pending death not true, and which are made to committee to demand the humane penalty, he was requested by his raise the emotive pitch against his treatment for the revolutionaries on family to seek clemency, which opponents. In a blatant lie, in a rally f a s t u n t o d e a t h . I n h i s Bhagat refused. On the contrary he in Bidar, he asked “When Shaheed autobiography, 'Towards Freedom', wrote to the British Government Bhagat Singh, Batukeshwar Dutt, Jawaharlal Nehru gives a very that since he and his comrades Veer Savarkar, greats like them touching account of his meeting have been sentenced to death for were jailed fighting for the country's Bhagat Singh, Jatin Das and other waging war against the empire, he independence, did any Congress young men, “I happened to be in should be made to face the firing leader went to meet them?...” One Lahore when the hunger strike was squad not just death by hanging. is surprised as to how this can be an already a month old. I was given On the contrary Savarkar, after electoral issue today? The central permission to visit some of the being sentenced for his role in the tactic of BJP and communal prisoners in the prison, and I case of murder of a British officer; organizations is to bypass the availed myself of this. I saw Bhagat totally changed his stance in jail. issues related to people's needs Singh for the first time, and From an anti British role he wrote and to distract the attention towards Jatindranath Das and a few others. series of apology letters, he one's related to emotive issues. They were all very weak and surrendered to British and Issues which can put his opponents bedridden, and it was hardly promised them to be of their help in in a bad light have been regularly possible to talk to them much. future! He did remain loyal to British resorted to by Modi. For creating Bhagat Singh had an attractive, after his release from jail. this Modi can go to the extent of intellectual face, remarkably calm As a matter of fact Congress in saying untruths with great amount and peaceful. There seemed to be recognition of Savarkar's initial role of confidence. In this statement- no anger in it. He looked and talked was trying to put pressure on British question raised; he is speaking a lie with great gentleness, but then I Government for his release, but on one side and is also trying to suppose that anyone who has been Savarkar was already writing glorify his icon Savarkar on the fasting for a month will look spiritual petition after petition to British to other. and gentle. Jatin Das looked milder release him. From 1920 INC was As a matter of fact, INC, while it had still, soft and gentle like a young girl. asking for his unconditional differences with the revolutionaries He was in considerable pain when I like Bhagat Singh, they respected saw him. He died later, as a result of release, but due to reasons best the high level of commitment and fasting, on the sixty-first day of the known to him Savarkar preferred to dedication of these young men. hunger strike.” give a written undertaking, which in There are reports in the Tribune The other aspect of the statement a way was the total surrender. “I about Nehru visiting the jail to meet by Modi is to equate Savarkar with hereby acknowledge that I had a Bhagat Sing and his comrades, t h e d e d i c a t e d y o u n g fair trial and just sentence. I heartily The reports in Tribune on August 9 revolutionaries like Bhagat Singh. abhor methods of violence resorted and 10 of 1929, tell us about This seems to be a clever ploy to to in days gone by and I feel myself

PUCL BULLETIN, JUNE 2018 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 June, 2018 at New Delhi PSO Date of Pub.: 27-28 May, 2018 duty bound to uphold law and opposite of the politics of Muslim constitution (British, added) to the nationalism being brought up by best of my powers and am willing to Muslim league. This is what also make the 'reform' a success in so contributed to partition tragedy. far as I may be allowed to do so in So Mr. Modi on one hand speaks a future” (from facsimile of lie about Congress leaders ignoring Savarkar's letter to British those struggling for freedom. On authorities). There are many such the other he puts Savarkar in the letters and British did grant him same category as Bhagat Singh. clemency. Congress was trying to get This act of his seeking pardon from Savarkar released. Bhagat Singh British was a betrayal of freedom remained firm on his ideology and movement; his followers present it path of resistance against British as a tactical ploy to get released so power. For his principles he that he can struggle against British undertook a hunger strike in jail. Founder : Jaya Prakash Narayan rule. As matter of fact after his Savarkar on the other side buckled President : Ravi Kiran Jain release Savarkar, floated the under the jail conditions and General Secretary : V. Suresh concept of Hindu nationalism, surrendered to the British. The Treasurer : Surendra Kumar brought to fore the word Hindutva, methods like that of Goebbels Vice-Presidents : Binayak Sen, (total Hinduness) and stated that methods being resorted by Modi G. Saraswathi (Ms.), N.D. Pancholi, there are two nations in the country, need to be opposed. P.B. D’sa, Radhakant Saxena, Hindu national and Muslim nation! Source: Email from Ram Punyani q Sanjay Parikh. This was precisely the equal and Secretaries : Kavita Srivastava (Ms.), Nishant Akhilesh, Rohit Prajapati, Sudha Bharadwaj (Ms.), PUCL Announces the Publication of the Compilation of Vandana Misra (Ms.), YJ Rajendra Organising Secretaries : Ajay T.G., Judgements of the Supreme Court in PILs filed by the PUCL Arjun Sheoran, Nishat Hussain (Ms.), Ramashray Pd. Singh. Taking Human Rights Forward People's Union For Civil Liberties (PUCL) Judgments

V. Suresh, General Secretary, PUCL, on behalf of People's Union for Civil Liberties; Printed at: Royal Offset, 489, Patparganj Indl. Area, Delhi-92; Published at: 270-A, Patpar Ganj, Opp.Anand Lok Apartments, Mayur Vihar-I, Delhi 110091; Editor: V. Suresh.

Contribution Rs. 295/- per copy (plus postage extra) Copies may be obtained from the following address: PUCL National office, 332, GF, Patpar Ganj, Opp. Anand Lok Appartments(Gate No.2) Mayur Vihar-I, Delhi - 110 091 Tel.: 011- 22750014

PUCL BULLETIN, JUNE 2018 20