Vol. XXXVIII, No. 5 ISSN-0970-8693 MAY 2018 Rs. 20

Rajindar Sachar, Former President Rajindar Sachar, former President of PUCL, is No More! of PUCL, is No More! (1) It is with profound sadness that PUCL announces the demise of Shri Rajindar Sachar, former President of PUCL and a former Chief Justice ARTICLES, REPORTS & DOCUMENTS: of Delhi and Sikkim High Courts, in a Delhi hospital on Friday, 20th April, India Needs Draupadi and Not Savitri - 2018. Sacharji, as he was fondly called, was active until a few days Rajindar Sachar (2); Loss of a sane voice before his death, at the age of 94 – writing his regular columns in troubled times - Sanjay Parikh (3); commenting on contemporary events and calling upon all rights activists Tribute to Justice Sachar - Prabhakar and defenders to beware of creeping fascism in India's political process Sinha (4); In Memory of Rajinder Sachar and to relentlessly fight for democracy and human rights. Sacharji, who - Salutes to a Legal Giant, Passionate had witnessed the horrors of partition first hand, being born in Lahore, Democrat, Genial Humanist, Friend of (now in Pakistan), repeatedly called attention to urgency of fighting the Poor! - Dr. V. Suresh (4); Reminiscences: The Cycling Judge against the rapid spread of hate politics, communal intolerance and Sahab – Kavita Srivastava (6); majoritarian violence unleashed by Hindutva forces aligned with the Remembering an Indian Human Rights ruling NDA dispensation, especially after they came to power in the Hero - Pushkar Raj (9); Justice Rajindar Centre in May, 2014. A true democrat, over the last 3 decades Sacharji Sachar 1923-2018: Our Finest Has lent not just his voice but also his presence in the site of innumerable Gone - Qurban Ali (10); India Needs More campaigns and protests against injustice, violence and Personalities like Justice Sachar - maladministration across India, and also in other countries. His Ashish Joshi (13); Obituary: Sachar diminutive physical frame belied the reality of an intellectual giant, a Saheb: A unique personality with legal colossus and a towering humanist. Sacharji represented an old socialist vision - Prem Singh (15); Former Civil Servants Slam Modi's world political culture – no compromises on issues of injustice, 'Belated Promises' on Kathua, Unnao discrimination, rights violations and constitutional abuses, but eve when Rape Cases (16); we fight battles to assert the primacy of democratic values and vision, not to lose sight of the human content in relationships and in the type of PRESS STATEMENTS, LETTERS AND NEWS: society we build. For him, political values and ethics were not divorced Justice Rajinder Sachar passes away from life, not elements of tactics and strategies, to be discarded on the (4); Condolence Messages for Justice font of situations and exigencies. Sacharji was the epitome of Sachar (13); PUCL Karnataka: Press seamlessly integrating the personal with the political in a manner that Release on PFI ban in Jharkhand (18); that all the human and democratic values we cherish, became part of Press Statement of Greater Chennai th both our persona as also our politics and work. Unit, PUCL (19); Joint Press Note on 25 Sacharji leaves behind a rich legacy of writings and speeches. We plan March 2018, Imphal (19). to curate the best of his writings to both inform and educate as also Annual Subscription: PUCL Bulletin inspire younger generation as they get engaged with democratic (w.e.f. January 01, 2017) INDIA struggles to assert our basic human and fundamental rights to make our PUCL Members Rs. 200 society more egalitarian, caring, concerned and democratic. Non-Members Rs. 240 In view of the rich diversity of obituary references chronicling the varied Libraries, Institutions Rs. 300 contributions of Sacharji, we are carrying a number of selected pieces in OVERSEAS this issue of the PUCL Bulletin which is dedicated to his memory. PUCL Members US$50 Amongst his numerous contributions to PUCL, was his regular Non-Members US$100 contribution to the Bulletin as a member of the PUCL Bulletin Editorial Libraries, Institutions US$120 Committee. We record his invaluable contribution and guidance of the Bulletin over the last few decades. We also carry in this issue the last articles received from him. Long live Sacharji!! Your mortal separation was inevitable. But you will continue to live in our hearts and minds, inspiring us to continue your legacy. Dr. V. Suresh, General Secretary, PUCL & Editor, PUCL Bulletin

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PUCL BULLETIN, MAY 2018 1 India Needs Draupadi and Not Savitri Rajindar Sachar

Everyone knows that Indians are calling himself as Pandavas. I resignation of the government if sensitive about their religion. would have been happy if he was human right violations are to be Before the elections they are very giving promise that in present India avoided – and this has been proved particular about doing such actions there will never be bullets used for by subsequent events in India, as is which they think will result in maintaining law. In that connection I shown by official figures released favorable verdict. This analysis is may remind him that if police firing by Government of India that at least proved authentic by Rahul Gandhi d o e s t a k e p l a c e , s e r i o u s over 50,000 people have been saying openly that not only he consequences will follow. killed by the police firings – this respects old traditions but he Bringing religion is unacceptable in happened because correct human intends to go further and show our republic. Death by police firing right standards were not accepted respect by making his programme raises a very important question as and followed, namely the automatic based on these traditions. to the responsibility of State or the resignation of State government in This he showed as reported by Central governments. I may in this such an eventuality. This will show press during Gujarat elections connection point out that the ignoring violation by the state of visiting many temples, what even Socialist party of J.P. and Dr. Lohia people's rights can and will always press had no choice but to high light had proposed a policy regarding lead to the calamitous situation as this fact. Some of Nehru's admirers police firing in independent India. It has happened in the past. regretted that Nehru views on was a straight one namely that in a I do not know why Rahul thinks that keeping religion outside politics free democratic country like India, Pandavas are to be supported as was being abandoned and now any police firing leading to the against Kauravas whom he calls being revived by his own family. k i l l i n g o f c i t i z e n s m u s t neech. In support of this Rahul Gandhi is a u t o m a t i c a l l y l e a d t o t h e In the matter of gambling both of openly saying he would go by the r e s i g n a t i o n o f t h e S t a t e them were agreed. So the blame is conduct of Pandvas and the government. The leaders should equal. It is only during the play, that opposition is Kauravas. He has promise that in Independent India, the Pandavas had lost their given no instance of his polices or no State government or Central balance when they chose to put his programme of action as Government should have legal Draupadi on stake. Pandavas as against his opponent sanction to open fire on the crowds. Even when Draupadi was crying for whom he accused as being And if a situation reaches that stage h e l p , t h e P a n d a v a s k e p t Kauravas. i t s h o w s t h e c o m p l e t e shamefully silent. The explanation But a little reflection would show incompetency of State government can only be that both Pandavas and that before leaving the other group which should lead immediately to Kauravas agreed on behaving as if who created this situation as to be the resignation of the government. Draupadi is not their equal, but a judged by correct criteria. In fact, Socialist Party had to face mere chattel of man. Reference to religions from this situation early in free India. The Draupadi, of course, never forgot it traditions for himself saying that be party was expected to do well, and showed that she will not keep followed Pandavas. Kauravas were considering the sacrifices and contact with Pandavas unless she “neech”; as they did not show contribution to freedom struggle was given the blood of Duryodhan respect for women and no respects and especially to the most being killed. Draupadi, sought the for womanhood. But the question i m p o r t a n t p h a s e o f 1 9 4 2 only option namely, the killing of that the needs to ask himself is how movement. Duryodhan. But even upto now did this situation arise. Both The Socialist Party was even then most of the people consider that Pandavas and Kauravas agreed on able to form a government in only keeping silent was the only correct gambling, so no one gets the the then State of Travancore with answer. These people do not treat blames. Chief Minister Thanu Pillai. Some women as equal to men; that is why Pandavas in gambling even put time later there was agitation in the cry of Draupadi remains silent in Draupadi on the stake. They did not Travancore and police firing took the shameful discrimination as even lift their finger when Draupadi place leading to the death of some treating them as a personal chattel. was being disrobed crying to be demonstrators. Immediately Dr. Of course now luckily people will saved from this insult. Not only they Lohia and many others like us not tolerate such a shameful action but the elders like Bhisma demanded resignation of our by men. The only way this attitude Pithamaha and Daronacharya kept government of Thanu Pillai. I am can be changed is by accepting cowardly silent even when she was still of the view that in free India women's demand that they should being disrobed, and asking for help. police killing of the demonstrators have initially one third MLA - MPs Now examine what Rahul meant by by police must automatically lead to (to start with) in the parliament and

PUCL BULLETIN, MAY 2018 2 legislature. I warn the women again quite a large number of Indian men announce boldly the women coaxing them to wall for the will vote with women. resolve that they will have a legislation. I may say that only Let the demand for women be that separate identity. India does not Parliaments legislation or State they will no longer suffer any insult need Savitri, India needs Draupadi. Legislators can do it. In this fight for to their womanhood. This step will This alone will give respect to justices they should be hope that be a fitting reply. This will also womanhood. Dated: 24/03/2018 q

Loss of a sane voice in troubled times Sanjay Parikh, Vice-President, PUCL and Advocate, Supreme Court It is often difficult to write about a immediately replied, what is wrong of Muslims speaks about his person with whom you were close here? We sat there and he enjoyed concerns. The Report is not only for several decades. So many sipping tea sitting on the bench. In about a community but how people thoughts come to your mind, some one meeting, when all of us were in that situation, irrespective of are chronological, bound by time feeling oppressed because of heat religion, have to be dealt with under and events, but many are those, as even fans were not working, the Constitution by a welfare State. w h i c h a r e e t e r n a l , w h i c h Justice Sachar though sweating When asked to speak about his constituted that person - his but at ease, was willing to go ahead report he very candidly declined as sensitivities, concerns, simplicity, with the proceedings. he felt that it was not proper to love and compassion, to which you He was the president of the justify his report after he ceased to were a witness. Justice Rajindar People's Union for Civil Liberties be the chairman of the High Sachar's life can be easily f r o m 1 9 8 6 t o 1 9 9 5 . T h i s Powered Committee and it was for encompassed by his achievements organization which Jaya Prakash the Government in power to as a judge and later his immense Narayan started, was closest to his implement it and for the people to contribution in public life. The loss heart. Not a day would go without judge. Instances such as this we have suffered, the void it has his enquiring about its activities as exemplified his remarkable created, is immense. A man who well as about its members. He will objectivity and maturity. was thinking and speaking about have his firm views on what position I met Justice Sachar for the first the concerns of the people and the PUCL should take on important time along with my senior, Justice nationpersistently and also national and social issues, but only S. Rangarajan. They were good penning down his ideas on every after listening to everybody. He friends. Justice Rangarajan had crucial issue, is no more. Many told preferred introducing himself as a earned a great reputation for being me in personal conversations that worker of PUCL rather than his a fearless and bright judge in the they have lost a mentor, a guide, a being a retired Chief Justice of the Delhi High Court during the fatherly figure, a visionary, a man Delhi High Court or the UN Special emergency. He quashed the who was like a protective Rapporteur on Housing. detention of Kuldip Nayar who was umbrellaover them -always Born in 1923 at Lahore (now part of imprisoned during the emergency available at the time of crisis. No Pakistan), he had many heart- for showing courage as an movement, no meeting on human rending stories to tell about independent journalist. Justice rights and social issues was partition. His ideas on political Rangarajan suffered and was complete without his presence. governance were clear and transferred to Gauhati as a Many a times he would sit on the profound. He had been a part of measure of punishment. That is an ground in solidarity with the freedom movement since his interesting but different story. farmers, ousters of development childhood: his father Bhimsen Justice Rangarajanjoined the projects and trade union workers at Sachar was a freedom fighter who Supreme Court Bar as a senior Jantar Mantar. He told me often that became the first Chief Minister of advocate in the earlier part of 1982, he finds himself more comfortable Punjab (1952) but was detained after retirement as Chairman of the and at home when he is with the during emergency. His close MRTP Commission. When I started people listening to their problems. I association with Ram Manohar to work with Justice Rangarajan in remember once we were going on a Lohia and other veterans during 1982, I heard heaps of praises from fact finding mission in Jharkhand that time had shaped his ideas. His Justice Rangarajan for Justice and had to cover a long distance. thoughts on all crucial issues were Sachar. On the way he asked the driver to therefore, very clear as they arose Very soon in 1985, after retirement stop the car and told me, “yaar chai from his love for the people, the as Chief Justice of the Delhi High ke talab lagi hai (dear I feel like nation and a firm belief and faith Court, Justice Sachar joined the having tea)”. I looked around and that everyone, irrespective of Supreme Court Bar and from those found a small dhaba having a religion and caste, has to be treated days, my association with him and wooden bench. I said whether we equally, without any discrimination. daily interactionshas been could stop elsewhere. He His remarkable report on the status constant. Those days were

PUCL BULLETIN, MAY 2018 3 different and the nuanced level of and are referred to in all-important thing: whenever he went outside discussion between two great judgments, including in the recent and returned to Delhi, he would persons was worth listening to. Right to Privacy decision of the immediately call me 'Sanjay, tere Justice Sachar would often Constitution Bench. He was keen pass haziri laga raha hoon ki wapis provoke Justice Rangarajan on that all PUCL cases of significant aa gaya hoon (Sanjay, I am some issue by saying, 'Ranga, you importance be collated into a book, marking my attendance that I have are wrong' and then would follow which was accomplished and in come back)'. Each time, this the dialogue in which no jurist or 2017, the book 'Taking Human sentence touched my heart. philosopher would be spared. The Rights Forward: PUCL judgments" Day before yesterday, I went to see discussion remaining inconclusive was published by Vani Prakashan, him in the ICU. Though in immense was the best part of it. Delhi. He in particular was sad that pain with oxygen mask and feeding Justice Rangarajan left Delhi to after Supreme Court gave tubes, he smiled, looked at me and settle down in a village in Tamil judgment on declaration of assets, held my hand in his hands, warm Nadu in 1988. Thereafter, I started all the political parties ganged up with love. He could not speak but I to work even closer with Justice together and unanimously opposed understood what he was trying to Sachar and our association was the judgment and brought an tell me, 'mark my attendance' but very enriching. He introduced me to ordinance, though the Supreme for not coming back but for several people's movements and in Court later struck down the said leaving…forever! particular, the PUCL. We did many ordinance. He was, in his last days, I find a desert today: of selfishness, remarkable cases together in the very sad about the decline in divisions, greed, hatred, which is Supreme Court: from mandatory judiciary, growing tension among spreading rapidly everyday. It is so declaration of assets and criminal the communities and erosion of distressing, so painful; it leaves one antecedents by MPs/MLAs, NOTA, values in public life. alone. In this chaos, he was the challenge of the draconian POTA, There are many deeply touching voice of sanity, which we have lost. t e l e p h o n e t a p p i n g , p o l i c e personal encounters but this is not A great loss indeed! encounters, challenge to domicile the time to discuss them. I intend to Courtesy: The above article was requirement for Rajya Sabha, etc. write on them separately, may be published in Livelaw: PUCL judgments have been when we decide to publish a book http://www.livelaw.in/remembering- cardinal in civil rights jurisprudence on him. But I must say at least one justice-rajindar-sachar-loss-sane- voice-troubled-times/ @ 22Apr2018 q Justice Rajindar Sachar Passes Away Published at April 20, 2018 12:41 pm protection of human rights, Justice on Kashmir. Rising Kashmir News, New Delhi Sachar was a former Chief Justice Sources told Rising Kashmir that Noted jurist and champion of of Delhi and Sikkim High Courts. time for his cremation will take human rights Justice (retired) He vociferously promoted the place at 5:30 Pm at Lodhi Road Rajindar Sachar passed away in cause of human rights and poor crematorium. Delhi short while ago. He was 94. and had special love for Kashmir. In solidarity, Rising Kashmir has learnt that he Justice Sachar was also head of Sanjeev Kumar, Coordinator, passed away at a private hospital. People's Union of Civil Liberty Delhi Forum q A distinguished advocate for the (PUCL). He authored many reports

1. Justice Sachar, who was Chief Justice from August 6, 1985, to December 22, 1985, was associated with the People's Union for Civil Liberties (PUCL) since his retirement to till death 2. His father Bhim Sen Sachar was the Chief Minister of Punjab. 3. He enrolled as an Advocate in April, 1952, and began practicing at the Supreme Court from December, 1960. He was appointed as an Additional Judge of Delhi High Court in February, 1970, and was confirmed as a Permanent Judge in July, 1972. He was appointed as Chief Justice in August 1985. 4. He was the first Chief Justice of Sikkim High Court. He retired as Chief Justice of Delhi High Court. 5. He was the Chairperson of a Committee set up by the previous UPA government to look into the social, economic and educational status of Muslims in India. Rajindar Sachar Committee was commissioned in 2005 by former Indian Prime Minister Manmohan Singh. On 17 November 2006 he presented the report, entitled "Report on Social, Economic and Educational Status of the Muslim Community of India", to Prime Minister Manmohan Singh

PUCL BULLETIN, MAY 2018 4 Tribute to Justice Sachar Prabhakar Sinha, Former President, PUCL Sachar Saheb is one of the finest human beings I have come across in life. His commitment to human rights and the downtrodden was exemplary and something to be emulated .His democratic temper was unparalleled. One could disagree with him without fearing the loss of his affection, goodwill and courteous treatment. I had the privilege of working as a Secretary and a Vice President when he was the President. It was a great experience to feel free to express one's honest opinion even if it was different from his, without the fear of losing his affection or goodwill. He was a great democrat and human rights activist. His loss to the human rights movements and the other causes he was engaged in serving is irreparable. - Prabhakar Sinha q

In Memory of Rajindar Sachar ... Salutes to a Legal Giant, Passionate Democrat, Genial Humanist, Friend of the Poor! Dr. V. Suresh, General Secretary, PUCL National On Friday, 20th April, 2018, by noon, ways in which Sacharji had touched limitations and being strategic news broke out that Rajindar them in their lives. about launching the campaigns. Sachar – Sacharji to scores of A unique aspect contained in most During the anti – TADA and POTA rights activists – had passed away messages was not a lament for the campaigns, or when working on the in a hospital at the ripe old age of passing away of Sacharji; but a anti-sedition campaigns, behind 94. Within minutes, literally celebration of the strength, the the public events, Sacharji showed speaking, within less than an hour, positiveness, the never-say-die us why he has been so successful. we saw a deluge of email and spirit, the warmth of camaraderie He drove himself as hard as he did Whatsapp messages, Press a n d h u m a n c o n c e r n , t h e us – asking us to meticulously Reports and phone calls from commitment to democracy, check the law, the latest court people all across the country, all of idealism for a better world and decisions, both national and whom had hundreds of emotions, determination to make that happen international; Sacharji was a reminiscences and experiences to – all of which Sacharji depicted in thorough planner - he insisted we share, of working with Sacharji - of his small, frail 5 feet persona!! It collect background data and battles fought, over many decades was truly amazing, and in a way materials irrespective of whether to protect rights, promote liberties, humbling, for us to see what they were for or against a preserve the constitution. Sacharji symbolised – an undying proposition; all these diverse The vast outpouring of messages commitment to building a more information was processed before remembering Sacharji , from all h u m a n e , f a i r, e q u i t a b l e , determining a strategy – whether it corners of India, has been an sustainable democratic India and was a legal proceeding or a popular unique experience. From Dalit world. campaign. groups to Adivasi movements to Sacharji was a quintessential I personally remember his organisations of Islamic and fighter against injustice anywhere – thoroughness in planning, Christian Minority groups, from be it in small situations, as within meticulousness in collecting academics to activists, from dam families or communities or in meta background data and information displaced people to development systems like within states and in a and understanding of political p r o j e c t r e f u g e e s , f r o m country like India – there was no context when he was invited to the organisations of refugees and fight too small to take up. There was International Tribunal on Sri Lanka displaced people from Sri Lanka, no compromise in fighting for war excesses in Dublin, Ireland. Afghanistan, and numerous other democratic ethics, values and Despite being in his late eighties, countries, living in India and outside practices – irrespective of who one he tirelessly worked, read, to NGOs working with the most is fighting against. But it was in the researched and discussed about marginalised communities, from preparation for the battle to regain the war launched on the Sri Lankan t h e p o l i t i c a l l y p e r s e c u t e d or assert human rights, that Tamils of Northern Sri Lanka and individuals, groups and parties to Sacharji demonstrated that his the role of the international the activists of mass movements, idealism was born out of pragmatic community, including India in not and from diverse set of people from considerations of a scientific review preventing what were clearly war the legal community – former of the situation, context and crimes and crimes against judges, lawyers, law students – players, having a practical humanity. people spoke about the myriad consideration of our strengths and A concern of Sacharji in recent

PUCL BULLETIN, MAY 2018 5 years was the real possibility of the human being should be – being a ask if the state unit had any institutionalisation of a fascist state concerned citizen means being comment of objection to his in India, especially after the present able to feel the pains and pangs of accepting the invitation to speak. ruling dispensation came about in the dispossessed and the He also would offer some time of the Centre. In article after article, marginalised, but equally to have his during the visit to meet with local Sacharji wrote relentlessly about the gumption and the commitment PUCL members for discussions. the need for all democratic forces to to fight to ensure such injustices do Having endured immense violence collectively work together to fight not happen; to be constantly and witnessed the huge human against fascist forces, against the involved in shaping politics in India, cost of hate politics during partition dangers of hate campaigns and the based on democratic norms and of India and Pakistan, Sacharji lynch mobs, about the falsification notions, and to be ever conscious always, always kept telling us not to of history and the ugly possibility of creping fascist tendencies and lose the sense of compassion, that all this would have irreparable politics; about the need to be concern and humanness. damage to our democratic vigilant in 2018 about hate politics The entire PUCL family, and indeed institutions, including the Indian and the politics of deliberately the larger human rights community, Constitution. But through all this, he stoking political violence. The most has lost a close friend, a mentor never lost hope; or his sense of important lesson Sacharji, teaches and guide. We however have also optimism that despite the darkest of us all, is that while we fight and been lucky to have interacted long forces, there will emerge people's struggle for secularism and enough to imbibe many of the most power which will fight to retain our pluralism, a constitutional way of valuable things about life which no constitutional values. life and democracy, we should book can ever teach – which is to be History will record his manifaceted never ourselves become so committed to create a more contributions to the protection of political that we lose our core humane, fair, equitable world. It is human rights which e defined human concerns and values. This our turn now to spark the fire in the broadly going beyond the limits of is what made Sacharji, unique. next generation, by sharing all that conservative civil liberties Sacharji was deeply committed to Sacharji taught us and giving them frameworks. His Report as head of organisational propriety. Never, the positiveness, the optimism, the the Commission to enquire into ever, did he claim greater privilege strength and commitment to make status of minorities and Muslims in than any other member. Whether it a new India. India, is a historical document was participating in discussions or Through this message we would which can never ever be forgotten. standing in queue during lunch, he like to share with Sacharji's family Likewise his contribution to the always waited his turn; in fact he our condolences and also share evolution of election laws would get angry if he was given with them our sense of grief in the especially the case where right of prominence out of turn. His humility mortal passing away of Sacharji. voter to know about candidates was touching. If he drafted a But for us, he will also be immortal was interpreted to be aprt of the statement for circulation, he made it in the vision, the values and ethics right to speech and expression and a point to tell us, “please correct he helped expose us to and to a basic fundamental right, has and decide as is appropriate. You imbibe. That will forever guide us. changed the context of election don't need to accept the statement On behalf of the entire PUCL laws and processes. because I wrote it”. Ifhe ever visited Family, Sachar will be remembered as any state unit at the invitation of any Dr. V. Suresh, General Secretary, being the epitome of what a good group, he made it a point to call up PUCL q the state PUCL office bearer and Reminiscences: The Cycling Judge Sahab, the Great Human Rights Stalwart of South Asia, Justice Rajindar Sachar Kavita Srivastava, National Secretary, PUCL image of Justice Sachar in the city 1976-1977 when he got the name of being a high and mighty judge of Jodhpur, where he was a judge of of the cycling judge sahab. His sahab. the Rajasthan High court, was that ways were very uncharacteristic of Before he came to Rajasthan of the cycling judge. 5 feet high, feudal Rajasthan, recalled the late Justice Sachar had the privilege of stylishly dressed in a sherwani or senior counsel Marudhar Mridul, being the first judge (the acting achkan and chudidar and a topi he when we were in Jodhpur trying to chief justice) of the Sikkim High moved around the city cycling. He revive the PUCL in Rajasthan in Court in May 1975 soon after the also cycled almost on a daily basis 1997. He was a true socialist even a c e s s i o n o f S i k k i m , t h e in his formal court clothes to the when he was a judge and was not independent princely country in the High Court. That was way back in allured by the glamour and charm east to the union of India. It was in PUCL BULLETIN, MAY 2018 6 this period that emergency was journalist and editor Sh. Kuldip tipped so many people right till the imposed. He shared with us about a Nayar was also thrown into Jail. exit gate that we also understood flight that he could never forget. He When Justice Sachar's wife passed why they loved him. said that he was flying back to away we had gone to grieve the Sachar sahab was more than just of Gangtok from Delhi in the early loss, when he told us that Kuldip the PUCL. His most famous identity hours of the 26th of June that he Nayar sahab had married his sister since 2005 was that of the Sachar heard from a fellow passenger the and his own wife was Kuldip committee, examining the Socio CM of West Bengal Siddharth Nayar's sister. It was a Watta Satta economic conditions of the Shanker Ray that emergency had wedding (simultaneous marriage Muslims in India. Although he been imposed in country since the between two pairs of brothers and always corrected the use of the middle of the night and that the sister a very common practice in term Sachar committee and said President had signed the A f g h a n i s t a n , t h e P u n j a b , that it was a team of six members ordinance. It was unbelievable, he Rajasthan and Gujarat ). and him that did the work. I met him said that such a severe and drastic Getting back to the dark days of the frequently during the year 2005- step could be taken by the Prime emergency for Sachar sahab, it 2006, at his office on Sansad Marg Minister. But what subsequently was a battle being fought by his circle. Out of the 20 months that the followed was unimaginable. Since family personally as well as committee sat in that office he must the newspapers were available politically. Justice Sachar in the have traveled atleast 200 days mostly twice a week in Gangtok, middle of this got transferred to the covering State after state. The and that too with censorship, he did Delhi High Court in June 1976. report was out promptly without any not get to know about the arrest of He rose to become the Chief extension. On the last day, I had his own father the famous Bhim gone to collect my signed copy from Sen Sachar the former chief Justice of the Delhi High Court. After retirement in 1985 he joined the great man, he told me, that he minister of the Punjab. A delegation hated when commissions sat of eminent people led by Shri Bhim the PUCL and he took over the reigns of the PUCL as President for endlessly seeking extensions. He Sen Sachar, had met the Prime was very pleased that he and his Minister Ms. Indira Gandhi stating two terms from 1987 to 1991. The PUCL was his platform for Human team were able to keep time. The their opposition to the throttling of report was the first its kind. A bench dissent, mass arrests of leaders Rights till he died. Rarely was an occasion when he missed a mark, a policy document which and the gaging of the people and mapped for the first time the the media. Justice Sachar told us meeting. Was very active at all levels. From planning details of fact declining socio economic condition that he later learnt that the a n d t h e s t r u c t u r e s o f delegation led by his father had had finding missions to elections of the office bearers. discrimination. Even today it a very polite conversation with the remains a very significant Prime Minister, but soon after that One of his last meetings was the document. His lament was that the he was picked up from home and PUCL executive meeting in Jaipur UPA Government did not set up the thrown into the jail. Interestingly he last year, 2017, on the 1st and 2nd Equal Opportunities Commission was sent to the same jail in Patiala of July. Despite his age he moved although a lot of work had which he had inaugurated as a around independently. He had been.done by them as Sachar chief minister. Justice Sachar says stayed two nights at the Marriott committee and given to the that a couple of days after his Hotel. When we went to pick him up Government. father's arrest he learnt from his to drop him off at the airport an young son over the phone that entourage of staff stood to see him His fight against sectarianism and Dadaji had been taken away by the off. He paid his bill by card, which communalism was amazing. He police. It had taken them two days impressed us a lot. Yours truly has almost emerged as a Messiah. to get in touch with him. Such were no card. I asked him whether he Wherever he would go, the the trunk lines of yesteryears. He had difficulties in remembering the Community of secular people and then flew out of Sikkim, reached pin number, he said he had a tall we are proud of being called that, Delhi and subsequently went to memory being a young 94 year old. would reach the hotel, well in Patiala. He stopped the guards He was pleased that he had been advance to whichever meeting from saluting as he said he was on very well looked after. Curious I planned. I saw this with my own a private visit to meet his father who asked them whether they feared eyes in Raipur, Jaipur, Gujarat, had been imprisoned. His father that a guest so senior in age was Lucknow, Ajmer, Udaipur , Jodhpur, told him that as a judge he must do living by himself. They said they Bhopal and Hyderabad where I had h i s d u t y a n d u p h o l d t h e had provided all the help Justice the opportunity to be with him. The Constitution in everything he did. Sachar needed for his personal profiling of Muslims as terrorists was something which affected the His own brother in law the famous care. And of course as was Sachar Sahab's style, he generously community, deeply injured it's body

PUCL BULLETIN, MAY 2018 7 it's soul. They came to talk to and malnutrition in 70 years of our 15th August would see both Kuldip Sachar sahab as to how they could existence. An agenda that the new Nagar and Justice Sachar, light prevent this profiling. During the nation when it came into being candles on the Wagah border with 2017 visit to Jaipur he wanted to ought to have had as its priority. He the Pakistani friends with their understand directly from the always contributed to our struggles. candles on the other side. He Muslim community what they were He was also always ready to shoot always appreciated our work in going through due to the spate of letters for any cause of justice. Rajasthan which has been working killings in the name of gau raksha, Despite going in and out of hospital. consistently on the release of the constant hate speeches against One of his last cases in the Pakistani prisoners in Rajasthan Muslims and their political S u p r e m e C o u r t w e r e h i s jails and simultaneously the marginalisation. It came as a shock arguments in the Rajbala Vs GOH release of Indian Prisoners to him when most of the middle and GOI in which he expressed particularly from Rajasthan from class, as well business class shocked at an exclusionist policy of the jails in Pakistan. Muslims who had gathered for the education for elections in In the PUCL we would disagree meeting shared the sense of deep Panchayati Raj Institutions. While vehemently with Justice Sachar. injury to their soul as they were on the SC put its stamp on the But his affection remained their way of becoming completely exclusionist policy. Justice Sachar unchanged, he never held it against disenfranchised as citizens. He was far from giving up. He told us us. I could present a long list of our immediately shared his idea of why that he would also argue against disagreements and arguments. we should begin an inter the Rajasthan law, once the SLP One such issue was regarding the community dialogue as most would come up for hearing. right to Self determination of the Hindus were not a part of the hate 8 years ago in 2010 he was the Kashmiri people. He told me that he project and felt that they must know was willing to fight against every what Muslims were going through moving person behind the revival of the socialist party of Ram Manohar atrocity, bullet, pellet, arrest but the and we could not allow the hindutva right to self determination was politics to tear the social fabric of Lohia and Jai Prakash Narayan. I frequently pulled his leg that he was difficult for him to accept. He said inter community trust in this he had had several discussions fashion. becoming politically ambitious as an octogenarian and at such a late with a diversity of politicians When the PUCL members and the stage in his life. Far, far from it being including former CM Sheikh organisation was attacked in the a self promotional exercise, it was Abdullah, Human rights thinkers name of Maoism and Dr. Binayak clearly the revival of a platform with like Balraj Puri and other stalwart Sen, Ajay TG, Seema Azad and other diehard Socialists with the lawyers in Kashmir including the others were incarcerated against reality and an understanding that present President of the bar in false charges, one after the other, socialism had disappeared from Srinagar who was arrested in the he wrote several letters and m o s t p a r t i e s w h o c a l l e d early nineties, when the PUCL went participated in our protests. As themselves the followers of Lohia. several times to the valley including recently as last year extremely Instead had become hackneyed with Justice Tarkunde and he said pained that Saibaba had been mainstream parties with no agenda that he could only think of solutions convicted and had been subjected for social justice. As stated clearly within the Union of India to inhuman treatment during his in the first press release put out in framework. He said that you can incarceration disturbed him and he 2010 that the socialist party of India write that my position is going back wrote letters for his release. Even was being launched with the to all that was promised to the during Singur and Nandigram he objective to fight the neo colonial Kashmiris by the UOI at the time of wrote to the CPIM government. He Indian Economy, Polity and culture accession, complete autonomy but was in full support of the people the in order to establish a socialist an argument for an Independent movement in Bhangur against the order. Kashmir is difficult for me to accept, power grid, that when the he said. We told him that atleast we movement representatives came He traveled the length and breadth needed to discuss these diverse and met him he promised to do of the country rebuilding this party. positions within the PUCL which something. An ardent supporter of He was active with the idea till the much later he agreed to. He could the NBA and the NAPM, he would end. not come to the meeting organised walk an extra mile to support it's One of the issues closest to his in November, 2017 for this purpose cause. He also participated in the heart was peace between India and and his absence was deeply felt. protests organised by the Right to Pakistan. He was always interested One of my last meetings with him Food Campaign and he said that he in platforms that came up for this was when the members of the was shocked that our country had purpose. For several years Punjab Documentation and not resolved the question of hunger together the midnight of 14th and Advocacy group which brought to

PUCL BULLETIN, MAY 2018 8 t h e f o r e e v i d e n c e o f t h e in his house. Meeting him at his the Delhi High Court website: disappearance of more than 8000 house was always special, apart Justice Rajindar Sachar, LL.B - Sikhs in the Punjab between 1987 from the variety of snacks that we Born on 22.12.1923. Educated at and 1993, wanted him to support were fed, it was always a pleasure D.A.V. High School, Lahore, the exercise. He was very to meet his daughter Madhu who Government College Lahore and forthcoming and talked about the took great care of him, his grand Law College, Lahore. Enrolled as PUCL FFT which he led as son, who is a budding writer which an Advocate on 22.4.1952 at Simla President of the PUCL to the made the grandfather so proud and on 8.12.1960 in Supreme Punjab. But he also shared his along with other family members Court. Practised on all types of civil, concerns about the obstructions in who doted on him. criminal and revenue cases. the trial of some of the cases that 2018 saw him being frequently Appointed as Additional Judge of were underway despite the having hospitalised. I too was busy with my the Delhi High Court w.e.f. monitored the investigations. He own hospital duties towards 12.2.1970 for a period of two years. wanted to talk to the lawyer in the Neelabh, his sad demise and the Reappointed for two years w.e.f. High court who was dealing with the bereavement thereafter. I regret not 12.2.1972. Appointed permanent challenge to the trial in High Court. looking up Justice Sachar. I Judge of Delhi High Court w.e.f. But the lawyer was not available. procrastinated going and now 5.7.72. Appointed Acting Chief He told us that he would speak to regret as time doesnot wait for Justice of the Sikkim High Court him and get back to us. He said he anyone. The grand old man, the with effect from 16-05-1975. wanted to support the PDAP in its cycling judge, the stalwart human Transferred to Rajasthan High present exercise but also wanted to rights jurist, the secularist, the Court as Judge with effect from 10- strategise on the ongoing cases. It humanist, the peace activist, the 05-1976. Retransferred to Delhi was important to get convictions in socialist may have departed but will High Court on 09-07-1977. the ongoing cases. live in our hearts always. Appointed Chief Justice of the Delhi This was a meeting that took place A Timeline of Justice Sachar from High Court on 06-08-1985. Retired on 22.12.1985. q Remembering an Indian Human Rights Hero Pushkar Raj, former General Secretary, PUCL National Justice Rajindar Sachar, who died democratic state. The report the Rajiv Gandhi government was in Delhi last week at the age of 94, deflated the Congress assertion tapping the phones of several was a respected civil liberties and that it was the protector of the politicians, he successfully argued human-rights activist. He worked minorities while exposing as false in the Supreme Court in 1995 that it tirelessly for movements across the the BJP rhetoric of Muslim was a gross violation of individual country and became a voice of appeasement at the expense of privacy, which led to the formulation justice for India's minorities and Hindus. The report also raised of guidelines for the surveillance of oppressed. awareness among educated citizens. He relentlessly fought Justice Sachar, as he was Muslims, igniting a debate and against oppressive laws like the popularly known, delivered a paving the way for community Terrorist and Disruptive Activities momentous report in 2006 on the advocacy for equity in the ( P r e v e n t i o n ) A c t a n d t h e status of Muslims in contemporary democratic system. Prevention of Terrorism Act, which I n d i a . T h e r e p o r t w a s However, before the 'Sachar report' he said were used to suppress commissioned by the Congress made him a household name, he minorities and inhibit people's government to ascertain the social, was a prominent civil liberties movement. economic and political status of the champion in his own right, having As a rights advocate, he firmly country's approximately 180 million joined the People's Union for Civil believed that the confidence of Muslims directly. Liberties (PUCL) and become its minorities in the impartiality of the The statistics-rich, 403-page report president (1986-95) after his government is the acid test of shattered many myths about the retirement as the chief justice of whether India is a truly just state. Muslim minority, showing that the Delhi High Court. He was appalled He spoke out strongly against the community fared worse than other by the 1984 anti-Sikh riots in Delhi victimization of minorities in recent groups, according to social, and the government's attempt to times, especially in the name of e c o n o m i c a n d p o l i t i c a l shield the guilty. He diligently cow protection, pointing out that it development indicators. It a s s i s t e d t h e l e g a l t e a m was preposterous to target recommended greater allocation of representing the activists that Muslims while the majority of the resources and legal protection to brought the perpetrators to book. beef export business is controlled them as equal citizens of a When it was reported in 1991 that by Hindus. He took a special PUCL BULLETIN, MAY 2018 9 interest in Jammu and Kashmir and provision, which allows citizens to services, declining Manmohan criticised the government of India's reject all unworthy candidates. Singh government's offer of the policies, which have led to human- Female empowerment was close to Padma Vibhushan award. rights violations, but rejected his heart. He considered women to Sachar did not seem to be troubled violence as a solution, emphasizing be oppressed and said they are by his imminent death, likening it to the importance of dialogue and denied their rightful share of power the changing of the seasons. As I friendship between India and in society and wanted them to be conversed with him a few weeks Pakistan. assertive in their demand for one- back at his home, he kept his Another major concern for him was third of seats in legislatures. moonlight smile as if recalling the death penalty in a country He was simple, graceful and gentle, Walter Landor's lines: where the poor cannot afford legal and made himself easily accessible I strove with none, for none was fees and are therefore more likely to human rights activists in need of worth my strife. to be victims of it. Filing a public legal advice across the country. Justice I loved, and, next to interest litigation in the Supreme Despite his age, he traveled widely justice, human right; Court, he argued against it, but the to show solidarity with victims of I warmed both hands before the court declined to interfere, state highhandedness, be it a fire of Life; maintaining that it was a demolition drive against the It sinks, and I am ready to depart. parliamentary matter. He later homeless or police firing on At a time when the human-rights presented a petition to Parliament peaceful agitators. movement in the country is on the calling for its repeal. He assigned more importance to defensive, the passing of Justice Sachar considered criminals in his association with the PUCL than Sachar creates a void. However, politics a serious threat to his judicial status, asserting that his passion for justice will guide democracy and argued that civil liberties movements energize thousands of human-rights workers citizens have a right to know if India's democracy. who had the opportunity to walk candidates are offenders prior to D e s p i t e h i s s t a t u s a n d with him. They will draw inspiration elections, which led to electoral accomplishments, he was self- from him, reliving with zeal his reforms in 2004. A similar initiative effacing, free of ego and grounded ideals, which will be a natural he was involved in was the NOTA by his humanity. He accepted tribute to a great soul. (none of the above) ballot box nothing in exchange for his http://www.atimes.com/remembering- an-indian-human-rights-hero/ Justice Rajindar Sachar 1923-2018: Our Finest Has Gone Qurban Ali* Veteran Socialist leader noted jurist did not really care---unlike Delhi's National movement and joined and champion of human rights famous---whether he was invited to Congress Socialist Party. After the Justice (retired) Rajindar Sachar speak or not, if he supported the partition of the country he came to passed away in Delhi on 20th April cause he was there in the Delhi and joined Socialist party. 2018. He was 94. A distinguished audience, listening attentively. For In May 1949, the Socialist Party advocate for the protection of many of us he was the person we under Rammanohar Lohia's human rights, and poor, Justice turned to when the times seemed leadership held a demonstration in Sachar was a former Chief Justice very bleak and dark, just to hear front of the Nepal embassy in New of Delhi and Sikkim High Courts. He Justice Sachar tell us that it will get Delhi to protest against the vociferously promoted the cause of better. The wisdom of experience autocratic and repressive regime of human rights and was also head of and age gave his voice authority, the Rana government in the People's Union of Civil Liberty and lifted spirits when little else Himalayan kingdom. There was (PUCL). He authored many reports would”. violence and the police used on Kashmir. Rajindar Sachar was born on 22nd teargas shells to disperse the mob. Paying emotional tribute on the sad December 1923 at Lahore in Lohia was arrested for violating demise of late Justice Rajindar undivided India.His father Lala Section 144 CRPC. Young Rajindar Sachar, senior journalist Seema Bhim Sen Sachar was a well- Sachar was also arrested with Mustafa wrote “One of our finest known Congress leader and later Lohia and remained in jail for a has gone. Justice Rajindar Sachar become Chief Minister of month and a half. According to has left us, fairly suddenly without Punjab.He educated at D.A.V. High Sachar sahib “It was during that too much notice except that School in Lahore, then went on to imprisonment that Nehru and Indira delivered by age. A mentor, a friend, Government College Lahore and sent a basket of mangoes to Lohia. a man whose doors were always Law College, Lahore. During his Sardar Patel was very angry and open he will be sorely missed. He students days he was attached to wrote to Nehru expressing his

PUCL BULLETIN, MAY 2018 10 annoyance over sending mangoes chair a committee that reviewed the authors of a report issued on 22 to a person who had violated the Companies Act and the Monopolies April 1990 on behalf of the People's law. Nehru in his quiet way told him and Restrictive Trade Practices Union for Civil Liberties and others that politics and personal Act, submitting an encyclopaedic entitled "Report on Kashmir relationships should not be mixed report on the subject in August Situation". In January 1992 Sachar up”. It was a first movement and 1978. Sachar's committee was one of the signatories to an arrest in free India where Socialist recommended a major overhaul of appeal to all Punjabis asking them offered civil disobedience”. the corporate reporting system, to ensure that the forthcoming On 22 April 1952 Rajindar Sachar and particularly of the approach to elections were free and were seen enrolled as an advocate at Simla. reporting on social impacts. In May to be free. They asked the people to On 8 December 1960 he became 1984 Rajindar Sachar reviewed the ensure there was no violence, an advocate in the Supreme Court Industrial Disputes Act, including coercion or unfair practices that of India, engaging in a wide variety the backlog of cases. His report would prevent the people from of cases concerning civil, criminal was scathing. He said "A more electing the government of their and revenue issues. But at the horrendous and despairing choice. Rajindar Sachar was same time he was actively situation can hardly be imagined... appointed to a high-level Advisory associated with the Socialist Party the load at present in the various Committee chaired by Chief Justice led by Lohia.In 1963 a breakaway Labour Courts and Industrial Aziz Mushabber Ahmadi to review group of legislators left the Tribunals is so disproportionate to the Protection of Human Rights Act, Congress party and formed the what can conceivably be borne ... 1993 and determine whether independent "Prajatantra Party". that the arrears can only go on s t r u c t u r a l c h a n g e s a n d Sachar helped this group prepare increasing if the present state of amendments were needed. The memoranda levelling charges of affairs is not improved... It is harsh committee prepared a draft corruption and mal-administration and unjust to both the employers amendment Bill incorporating its against Pratap Singh Kairon, Chief and employees if the cases recommendations. These included Minister of Punjab. Justice Sudhi continue to remain undecided for changes to the membership of the Ranjan Das was appointed to look years". N a t i o n a l H u m a n R i g h t s into the charges, and in June 1964 In November 1984, Justice Sachar C o m m i s s i o n , c h a n g e s t o found Kairon guilty on eight counts. issued notice to the police on a writ procedures to reduce delays in On 12 February 1970 Rajindar petition filed by Public Union for following up recommendations and Sachar was appointed Additional Democratic Rights on the basis of a broadening of the commission's Judge of the Delhi High Court for a evidence collected from 1984 Sikh scope. The recommendations were two-year term, and on 12 February riot victims, asking FIRs to be submitted the Home Affairs ministry 1972 he was reappointed for registered against leaders named on 7 March 2000. another two years. On 5 July 1972 in affidavits of victims. However, in In April 2003, as counsel for the he was appointed a permanent the next hearing the case was People's Union for Civil Liberties Judge of the High Court. He was removed from the Court of Mr. (PUCL), Sachar argued before the acting chief justice of the Sikkim Sachar and brought before two Supreme Court of India that the High court from 16 May 1975 until other Judges, who impressed Prevention of Terrorist Activities Act 10 May 1976, when he was made a petitioners to withdraw their petition (POTA) should be quashed since it judge in the Rajasthan High Court. in the national interest, which they violated fundamental rights. On 24 The transfer from Sikkim to declined, then dismissed the November 2002 the police arrested Rajasthan was made without petition. t w e n t y s i x p e o p l e i n t h e Sachar's consent during the As an Indian lawyer and a former Dharmapuri district of Tamil Nadu, Emergency (June 1975 – March Chief Justice of the Delhi High and on 10 January 2003 they were 1977) when elections and civil Court Sachar sahib was a member placed under POTA by the liberties were suspended. Sachar of United Nations Sub-Commission government on the grounds that was one of the judges that refused on the Promotion and Protection of they were members of the Radical to follow the bidding of the Human Rights. He has served as a Youth League of the Communist Emergency establishment, and counsel for the People's Union for Party of India (Marxist–Leninist). who were transferred as a form of Civil Liberties. He chaired the On 26 August 2004, still being held punishment. After the restoral of Sachar Committee, constituted by without trial, the detainees began a democracy, on 9 July 1977 he was the Government of India, which hunger strike. Sachar led a team of transferred back to the Delhi High submitted a report on the social, human rights activists who visited Court. economic and educational status of them in jail on 15 September 2004 In June 1977 Justice Sachar was Muslims in India. and persuaded them to end the appointed by the government to Rajindar Sachar was one of the hunger strike. POTA was repealed

PUCL BULLETIN, MAY 2018 11 on 10 November 2004. However, r i s k e d b e i n g a c c u s e d o f willingness to walk the extra mile at all the POTA provisions were "appeasing" them. any time of the day or night to help a incorporated in the Unlawful T h e S a c h a r C o m m i t t e e person in need or for a cause; or for Activities (Prevention) Act. In recommendations aimed to his consistency in advocating October 2009 Sachar called for promote inclusion of the diverse peace in South Asia; or for his abolition of these laws. communities in India and their fearlessness in taking on the He said "Terrorism is there, I admit, equal treatment. It emphasised communalists; or for his strong but in the name of terror probe, initiatives that were general rather support for gender equality and many innocent people are taken than specific to any one community. justice. into custody without registering a It was a landmark in the debate on By the end Justice Sachar was charge and are being detained for the Muslim question in India. The visibly frail, a little bent with age, long period". speed of implementation would and clearly with many off days that Rajindar Sachar, who had formerly naturally depend on political factors he made sure none of us really been a United Nations special including the extent of backlash knew about. This would not prevent rapporteur on the Right to from Hindutva groups. The Sachar him from attending meetings, Adequate Housing, headed a Committee Report recommended signing statements and organising mission that investigated housing setting up an institutional structure fact finding reports till his last days. rights in Kenya for the Housing and f o r a n E q u a l O p p o r t u n i t y One never heard him complain Land Rights Committee of the Commission. about his health. One never heard Habitat International Coalition. In In March 2003 Sachar was a even a note of pessimism in his its report issued in March 2000 the signatory to a statement that voice. One never heard him talk mission found that the Kenyan condemned the US-led invasion of about his ailments or his problems. government had failed to meet its Iraq, calling it "unprovoked, He was always there for everyone international obligations regarding unjustified and violative of else, for India and her people.In protection of its citizens' housing international law and the United these years one did, however, hear rights. The report described Nations Charter". Other signatories some pessimism in his voice.A misallocation of public land, included Shanti Bhushan, Pavani 'what will happen to our country' evictions and land-grabbing by Parameswara Rao, Rajeev tone, with worries that he would corrupt politicians and bureaucrats. Dhavan, Kapil Sibal and Prashant share occasionally. Excerpts from In March 2005 Justice Rajindar Bhushan. an article he wrote for The Citizen in Sachar was appointed to a He was a Judge who set an December 2017: committee to study the condition of example. That after retirement Justice Sachar's admiration for the Muslim community in India and Judges did not need to go into Ram Manohar Lohia spanned his to prepare a comprehensive report holes, and in fact were required to life, never diminishing. But he never on their social, economic and play a major role in keeping India on allowed that to come in his way of educational status. On 17 the Constitutional track. He spoke relationships with those who were November 2006 he presented the fearlessly, boldly, did not look for perhaps, very critical of his mentor. report, entitled "Report on Social, favours from the establishment As he said, “your view is yours, Economic and Educational Status regardless of who was in power, mine is mine.”And would then tell of the Muslim Community of India", and as a result rubbed all the wrong us stories about the differences to Prime Minister Manmohan way saying when we used to laugh, between Jawaharlal Nehru and Singh. The report showed the “well I am with the people and that's Lohia that never came in the way of growing social and economic all that matters.” mutual respect. insecurity that had been imposed One does not really know where to There are not many left now who on Muslims since independence begin, or for that matter end this say it like you did Justice Sachar, sixty years earlier. It found that the tribute. Does one remember him for without mincing words, or looking Muslim population, estimated at the Sachar report on the status of over your shoulder, or bothering over 138 million in 2001, were the Muslim community in India that how the chattering classes would under-represented in the civil created a storm as it was an honest react. You looked for no favours, no service, police, military and in and starkly revealing document; or positions, no awards. Respect Sir, politics. Muslims were more likely for his stand on civil liberties for all; Always!!! to be poor, illiterate, unhealthy and or for his criticism of established *Note: Mr. Qurban Ali is a widely to have trouble with the law than political parties; or for his love for respected senior journalist who worked other Indians. Muslims were the Indian Constitution that was with BBC and with Rajaya Sabha TV as accused of being against the Indian always so visible; or for his gentle anchor and commentator. He presently works in the Urdu Channel of Zee TV. state, of being terrorists, and enquiries when he knew an He is a veteran Socialist and close politicians who tried to help them individual was troubled; or for his friend of Sacharji. q

PUCL BULLETIN, MAY 2018 12 Condolence Message on behalf of the 'Indian Renaissance Institute' and 'The Radical Humanist' 'Indian Renaissance Institute' and 'The Radical Humanist' are deeply grieved over the said demise of Justice Rajindar Sachar. From the very beginning of his life, whether as a socialist activist or a judge, he relentlessly pursued to promote the causes of downtrodden, marginalized sections and minorities. He was a great source of strength to the objectives espoused by the Indian Renaissance Institute. He was a regular contributor to our monthly journal –'The Radical Humanist'. In his passing away the entire family of the radical humanists and several freedom living citizens have lost a dear friend, philosopher and guide. Our heartfelt condolences to all the bereaved members of the family of Justice Sachar. Ramesh Awasthi, Chairperson, Indian Renaissance Institute; Mahipal Singh, Editor,The Radical Humanist. 23rd April, 2018 q

Salutes to Justice Sachar I am deeply shocked to hear the sad demise of Justice Rajindar Sachar, after a brief illness. He was always advising and commanding me with love. Justice Sachar was former President of the PUCL (1986 to 1995). PUCL has lost a noble and committed campaigner and leader of human rights. May his soul Rest in Peace. Babita Garg from National PUCL Office q RIP Justice Sachar We are deeply saddened by the recent passing of former Chief Justice of the Delhi High Court Rajindar Sachar. Justice Sachar was the chair of the seven member high-level committee that came to be known by his name, the Sachar Committee, which reported on the social, economic, and educational status of Muslims in India. He was also President of the People's Union for Civil Liberties (PUCL), a human rights organization. Justice Sachar was unwavering in his commitment to protecting the human rights of marginalized communities. Centre for the Study of Society and Secularism takes inspiration from Justice Sachar's work in our attempt to contribute in improving the conditions of vulnerable communities. Irfan Engineer q The news about Sacharji's demise was very sad indeed. We lost Sachar Saheb forever, who care for humanist values have lost a guide, philosopher and ideal. We never forgot on his contribution to the fight for civil liberties and human rights May his soul rest in peace. Manju S. Mohan, Archis Mohan and Anagha Mohan q We, myself and Sheelu, President of TN Women's Collective today (20-04-2018) in our TV programme in Win News TV (Tamil) at 8 a.m. expressed our Heartfelt Condolence to our great Human Rights fighter Justice Rajendra Sachar , by narrating his pioneering role in the Sachar Committee on Muslim Status and for his leading role in the Dublin (Ireland) Tribunal enquiring into war crimres and crimes against humanity suffered by Eelam Tamils in the 2009 war in northern Sri Lanka. We highlighted his commitment to human rights in which he was arrested in 2011 for participating in Delhi with the campaign of `India against Corruption', at the ripe age of 87 years!. We salute Sachar's his guiding Role in PUCL. T.S.S.Mani, National Council Member, PUCL Tamilnadu. q Thanks for the information. It is indeed sad to know such a committed and friend to the poor and marginalised is no more with us ... Hearty condolence to family and friends!! May his soul Rest in Peace !! Leena SCN q

Sir, Very sad to note that we have lost a good humanitarian and a great advocate of human rights. Rarely we find such gems. Plz convey my heartfelt condolences to the family. P. Narasimhan Ashok, Former Principal, Doon Valley Public School, Nalagarh, Himachal Pradesh q India Needs More Personalities like Justice Sachar Ashish Joshi* “Architect of the landmark Sachar report on status of Muslims, Justice Sachar relentlessly fought against human rights abuse”.

India will miss Justice Rajindar I came to know about Justice ministry, I was handed the report of Sachar. He was a person who Sachar on December 6, 2006, a high-level committee on the spoke his mind on issues that were when I joined the Ministry of social, economic and educational and are still integral to the idea of Minority Affairs under the Central status of the Muslim community in India. government. On my joining the India. My job was to cull out the PUCL BULLETIN, MAY 2018 13 report's recommendations. The tuning the definition of the eponymous Sachar report – he report, since, has popularly come to beneficiaries, expanding the must be the most recognisable be known as the 'Sachar report', range of modalities and name in the community after taking after Justice Sachar, who evolving a forward looking and Maulana Azad and Jawaharlal was the committee's chairperson. integral approach to affirmative Nehru – “Justice Sachar's forte was This landmark report brought to action.” c h a l l e n g i n g t h e t h r e a t t o fore the economic and educational T h e S a c h a r c o m m i t t e e ' s democratic processes. He showed backwardness of the largest recommendation for setting up an the way in the emergency. As he minority community in India. EOC for citizens was truly unique in showed the way often as a leading The report bears the well-defined its effort to address the range of counsel of the People's Union for imprint of the thoughts of Justice inequalities affecting the lives of Civil Rights in scores of enquiries, Sachar, and his approach in Muslims. Justice Sachar stressed people's tribunals and field dealing with the Muslim question. that equality of opportunity may or studies.” Dayal said that he had One of the primary concepts may not lead to equality of known Sachar since the days of defining the report is encapsulated outcomes. But the concept in itself Emergency. “I remember his in the following statement: “In any suggests the need for a level possibly last act of kindness to me- country, the faith and confidence of playing field and fair competition a set of photocopies he got made the minorities in the functioning of which some participants will form his collection of the works of the State in an impartial manner is successfully get through, even if Vivekananda in which the great an acid test of its being a just State.” some others do not. sage had denounced narrow The last time I met Justice Sachar Equality of opportunity, in principle, mindedness and communalism. I was at a function organised by the is compatible with inequality of salute the memory of a giant, brave Institute of Objective Studies at the outcomes, in offering an equal beyond his short, slim sherwani Jamia Millia Islamia. It was in the chance to be unequal. Lessons clad persona who shunned the month of January, in 2015. He was from the functioning of the EOC and limelight.” at the function to release a research other similar organisations in other Justice Sachar was worried about report titled 'Access to Urban Basic countries demonstrate the utility of the declining standards of public Services in the Muslim Localities of having such an institution in place. discourse. He believed that political Delhi'. Especially if such an institution is discourse and debate must take Justice Sachar was not pleased tailored to the specific socio- place within a framework of basic t h a t t h e c o m m i t t e e ' s economic, judicial and institutional decorum and decency. There could recommendation on an Equal context of the country in which it be banter and competitive digs by Opportunity Commission (EOC) functions. rival political parties challenging had still not been implemented. I During his long and diverse career, each other. But the political class told him that we, in the ministry, had Justice Sachar had earned the must steer clear of the temptation of done our bit and submitted a draft reputation of being a staunch levelling fake charges at each cabinet note in 2008. The need for champion of human rights. He took other. To substantiate his an EOC has been succinctly a stand and spoke out against argument, Justice Sachar often summarised in the following ideas: innumerable cases of human right mentioned this incident of banter “Equality is a foundational violations. between British politicians William value of our Republic. This is Human rights activist and former Gladstone and Benjamin Disraeli. secured by the Constitution journalist John Dayal who knew Both politicians of great skills, through Fundamental Rights Justice Sachar well had this to say Disraeli once said of his rival, “If and Directive Principles of on my request to share his thoughts Gladstone fell in the Thames, that State Policy and is widely about the rights activist: would be a misfortune. But if shared in public life. Yet stark “For most of us whose call are someone fished him out again, that inequalities mark our social in civil society or call ourselves would be a calamity.” reality for the present human rights activists, Justice Sachar would also cite generation and prospects of Rajindar Sachar was a mentor, e x a m p l e s o f t h e u n e v e n the future generations. Worse, a pathfinder and a technical relationship between Nehru and these inequalities often expert whose grasp of the Ram Manohar Lohia. It's well coincide with boundaries of forensic law and social known that after coming back from social groups and communities processes helped bring a grip Germany, Lohia worked in the making inter-group inequalities on developments that put a central Congress office alongside more visible than before. stress on democracy and Nehru, who was then president of Hence there is a need to secularism. He held both very the Congress party. Lohia was address inequalities and dear, having seen the Partition Nehru's most bitter opponent at the supplement the existing at close quarters.” time the Socialist Party quit policies of reservations by fine Dayal observed that though most of Congress in 1946. But their India remembers him for the PUCL BULLETIN, MAY 2018 14 personal relations never changed. role of judiciary in a democracy. In A firm adherent of the principles When Lohia was arrested in 1949 one of his articles, he wrote: that he believed in, Justice Sachar for being part of a protest, Nehru “Wherever there is a written was acutely aware that it is only at sent him a basket of mangoes in Constitution, the Supreme law our own peril that we abandon the jail. The gesture so annoyed Sardar is the law of the Constitution core constitutional values of liberty, Patel that he wrote to Nehru that and for even the Parliament to equality, fraternity, secularism, rule while the government had arrested accept that its powers are of law and justice. The very Lohia, Nehru was sending him l i m i t e d b y t h e w r i t t e n embodiment of what we imagine mangoes. Nehru politely reminded Constitution is not in any the rule of law to be, Justice Sachar Patel that politicians should not mix manner to derogate from its was the perfect combination of personal relations with politics. sovereignty but only to accept intellect, integrity, humanity and Prominent among the judges who that its sovereignty like the humility. were critical of the Emergency, sovereignty of the executive India needs more personalities like Justice Sachar called the dictatorial and the judiciary is limited by Justice Sachar. censorship a “permanent scar on the written Constitution. In *Ashish Joshi is a civil servant. He the soul of India,” adding that “the India we have had the was the nodal officer for highest judiciary's role in the established principle that King, implementation of the perpetuation of the emergency though an absolute sovereign recommendations of Sachar Committee report and PM's New 15 remains a blot”. As punishment for must yet function within Point Programme for Welfare of the his defiance, he was transferred Dharma, which is another way Minorities, Ministry of Minority Affairs from Sikkim to Rajasthan. of proclaiming the principle of {2006-2011}. Views are personal. Justice Sachar was clear about the the supremacy of law.” Courtesy: The Wire 21st April, 2018 q Obituary Sachar Saheb: A Unique Personality with Socialist Vision Prem Singh*

He had forbidden us to call him appeared continuously after his could be the reason that associates 'Justice Sachar'. So I began to call demise in newspapers, magazines, who profusely praise his work him Sachar Saheb. Four days after portals and condolence meetings. happen not to mention his political his death, I sit down to write this In these tributes he is remembered affiliations? Why this omission? tribute. The personality of Sachar as a capable and successful lawyer In the event of his illness in the Saheb was like a masterpiece, epic and the Chief Justice of the Delhi recent past, Sachar Saheb wrote in its dimensions. A classic High Court who made unabated his last article 'India Needs personality in this absurd period! In efforts and waged constant Draupadi and Not Savitri', which a tribute like this, written for the struggles in order to protect civil was published in the English media, there is little scope to rights, human rights, constitutional weekly Janata on 1 April 2018. Just remember him in that ethereal and democratic institutions and the a few days prior to this article, he form. It could be only an attempt to interests of deprived and wrote 'No Conflict Between Hindi understand his thoughts, concerns, oppressed sections of the society. and State Regional Languages' on anxieties and work in a pragmatic Sachar Saheb's name had become March 3. The subjects of these two perspective. more well known during the last 10- articles relate significantly to Dr. Sachar Saheb passed away on 20 12 years due to the Sachar Lohia's contemplation. Sachar April 2018. He would have been 95 Committee Report and its Saheb's writings and work are often years old this 22 December. My recommendations. While paying perceived to be rooted and inspired friend Ravikiran Jain, president him tributes, most people - friends, by Dr. Lohia's political philosophy PUCL, used to say with much colleagues and admirers - do not and struggle. It would be pertinent assurance that Sachar Saheb will forget to mention and discuss this to mention here that in most of his live to be a hundred. Considering unique contribution by Sachar articles and statements, the earlier his strong desire to live, it seemed Saheb. ones as well as the last two, Sachar very likely. Before the last bout of In my knowledge, hardly any Saheb referred to socialist leaders, illness, he was capable enough to written or verbal tribute to Sachar Dr. Lohia in particular. His deep take care of his health on his own Saheb has discussed his role in commitment to the cause of PUCL whenever he fell ill. But for the last contemporary political thought and had its genesis in the fact that JP three months, it seemed that he has political activism. (An exception to had established it. made up his mind that it was time this trend is the tribute by Tanveer Sachar Saheb became a member for the abandonment of the body. Fazal, published in 'The Wire'). It of Socialist Party from the time of its Now he will live among us through cannot be said that journalists and formation in 1948. He was also the memories, thoughts and work. scholars are unaware of his political secretary of Delhi Pradesh unit. He Tributes to Sachar Saheb have ideology and activism. Then, what played an active role in the

PUCL BULLETIN, MAY 2018 15 programs organised by the party. In the nomination to the last day of the establishment of the private sector May1949, while participating in a election campaign. In politics like then the constitutional and demonstration in front of the Nepali life, Sachar Saheb was trustful and democratic institutions too will be Embassy in Delhi, he was arrested a believer. However, many, destroyed. Secularism and along with Dr. Lohia and stayed in including socialists, with whom he democracy cannot be saved by jail for one month and a half. In interacted were not always abandoning the value of socialism 2008-09, several senior and young trustworthy. Like Kishan Patnaik, contained in the Constitution. Blind socialist leaders/activists from he also had a naive belief that the adherence to neo-liberal policies across the country, including NGO people can be a part of p r o m o t e s c o m m u n a l i s m , Sachar Saheb, held meetings in transformative politics! superstitions and idiocy on the one d i f f e r e n t c i t i e s f o r t h e Sachar Saheb had immense faith in hand, whereas on the other hand it reestablishment of the Socialist socialism, secularism, democracy, promotes blind nationalism. This Party. Consequently, in May 2011, civil rights, individual's freedom and understanding and analysis of the the Socialist Party was reinstated the nonviolent mode of protest Socialist Party is inconvenient for as Socialist Party (India) in against injustice. Behind Sachar most secular intellectuals and Hyderabad. Since then, Sachar Saheb's multi-faceted role was his leaders. They take leave of all their Saheb had worked tirelessly for the deep faith in democratic socialism own responsibility by merely expansion of Socialist Party and socialist vision. The report and placing the blame on the RSS for despite his senior position and age. recommendations of the Sachar 'fascism'. In doing so they free the In sunshine, rains, storm and cold, Committee should also be neo-liberalist/neo-imperialist he used to walk in the streets with understood from this perspective. forces to wreak havoc on the the party workers and participate in W i t h o u t c o n s i d e r i n g t h i s working masses of the country. demonstrations/meetings/conventi perspective of his life, there is no First Bhai, and now Sachar Saheb. ons organised by the party. He meaning in praising his personality. Within a fortnight, two stalwarts of used to call the workers all over the What then is the reason that many socialism have passed away. This country to get information about journalists and scholars who pay is not the loss of the Socialist Party party activities. Any party worker homage to his memory, forget to only. It is an irreparable loss to the could meet him at home at any time mention the shade of his political politics of values instilled and without prior information. In the inclination? The main reason for nurtured from the freedom previous assembly elections in this omission seems that Sachar movement, the Constitution of India Delhi, the Socialist Party had Saheb was against the present and the socialist movement. The fielded a candidate from the Okhla neo-liberal policies of the struggle will continue, with this legislative constituency. Sachar governments, on which there is resolution the Socialist Party Saheb's house falls in the same almost a general consensus in the salutes its revolutionary leader. area. He addressed street civil society. The Socialist Party *The author teaches Hindi at Delhi meetings for the candidate and (India), of which Sachar Saheb was University and is president of Socialist distributed pamphlets walking a founding member, has repeatedly Party (India. through crowded streets. During stated through its policy document https://countercurrents.org/2018/04/25 my candidature from East Delhi, he and resolutions that if the public /sachar-saheb-a-unique-personality- with-socialist-vision/ q was active throughout, from filing of s e c t o r i s d e s t r o y e d f o r

Note: March-April, 2018 saw a series of horrifying incidents of rape and murder of young girls, across India. The rape and killing of a yung 8 year old nomadic tribal girl in Kathua, Jammu and a 17 year old girl allegedly by a ruling party BJP MLA in Unnao in UP shook the nation. We will be carrying more articles analysing these events in future issues. We carry this important appeal by a set of civil servants in view of the importance of the statement. Former Civil Servants Slam Modi's 'Belated Promises' on Kathua, Unnao Rape Cases1 "Given your supremacy within the party and the centralised control you and your party president exercise, you more than anyone else have to be held responsible for this terrifying state of affairs." The Wire, 16th April, 2018 Holding him responsible for the “terrifying state of affairs”, 49 retired civil servants, in an open letter, urged Prime Minister Narendra Modi to reach out to the families of the Kathua and Unnao rape victims to “seek their forgiveness”. “We have had enough of these belated remonstrations and promises to bring justice when the communal cauldron is forever kept boiling by forces nested within the Sangh parivar,” they added. We are a group of retired civil viciousness that the ruling We had hoped that as someone servants who came together last establishment had insidiously s w o r n t o u p h o l d i n g t h e year to express our concern at the induced. We spoke then as we do Constitution, the government that decline in the secular, democratic, now: as citizens who have no you head and the party to which you and liberal values enshrined in our affiliations with any political party belong would wake up to this constitution. We did so to join other nor adherence to any political alarming decline, take the lead in voices of protest against the ideology other than the values stemming the rot and reassure frightening climate of hate, fear and enshrined in our Constitution. everyone, especially the minorities

PUCL BULLETIN, MAY 2018 16 and vulnerable sections of society, of majoritarian belligerence and Prime Minister, these two incidents that they need not fear for their life aggression promoted by the Sangh are not just ordinary crimes where, and liberty. This hope has been parivar which emboldened rabid with the passage of time, the destroyed. communal elements to pursue their wounds inflicted on our social Instead, the unspeakable horror of perverse agenda. They knew that fabric, on our body politic and the the Kathua and the Unnao their behaviour would be endorsed moral fibre of our society will heal i n c i d e n t s s h o w s t h a t t h e by the politically powerful and those and it will soon be business as g o v e r n m e n t h a s f a i l e d i n who have made their careers by usual. This is a moment of performing the most basic of the polarising Hindus and Muslims existential crisis, a turning point – responsibilities given to it by the across a sectarian divide. the way the government responds people. We, in turn, have failed as a In Unnao in UP, it is the reliance on now will determine whether we as a nation which took pride in its the worst kinds of patriarchal feudal nation and as a republic have the ethical, spiritual and cultural mafia dons to capture votes and capacity to overcome the crisis of heritage and as a society which political power that gives such c o n s t i t u t i o n a l v a l u e s , o f treasured its civilisational values of persons the freedom to rape and governance and the ethical order tolerance, compassion and fellow murder and extort as a way of within which we function. feeling. By giving sustenance to the asserting their own personal power. And to this end we call upon you to brutality of one human being But even more reprehensible than do the following: against another in the name of such abuse of power, it is the ● Reach out to the families of Hindus we have failed as human response of the state government the victims in Unnao and beings. in hounding the victim of rape and Kathua and seek their The bestiality and the barbarity her family instead of the alleged forgiveness on behalf of all involved in the rape and murder of perpetrator that shows how of us. an eight year old child shows the perverted governance practices ● Fast-track the prosecution depths of depravity that we have h a v e b e c o m e . T h a t t h e of the perpetrators in the sunk into. In post-independence government of UP finally acted only Kathua case and request India, this is our darkest hour and when it was compelled to do so by for a court directed SIT in we find the response of our the high court shows the hypocrisy the Unnao case, without government, the leaders of our and half-heartedness of its intent. further ado. political parties inadequate and In both cases, Prime Minister, it is ● In the memory of these feeble. At this juncture, we see no your party which is in power. Given innocent children and all light at the end of the tunnel and we your supremacy within the party other victims of hate crime, hang our heads in shame. Our and the centralised control you and renew a pledge to offer sense of shame is all the more your party president exercise, you, special protection to acute because our younger more than anyone else, have to be Muslims, to Dalits, to colleagues who are still in service, held responsible for this terrifying members of other minority especially those working in the state of affairs. Instead of owning communities, to women districts and are required by law to up and making reparations, and children so that they care for and protect the weak and however, you had until yesterday need not fear for their life the vulnerable, also seem to have chosen to remain silent, breaking and liberty and any threat failed in their duty. your silence only when public t o t h e s e w i l l b e Prime Minister, we write to you not outrage both in India and extinguished with the full just to express our collective sense internationally reached a point force of State authority. of shame and not just to give voice when you could no longer ignore it. ● Take steps to remove from to our anguish or lament and mourn And even then, while you have government anyone who the death of our civilisational values condemned the act and expressed has been associated with – but to express our rage. Rage a sense of shame, you have not h a t e c r i m e s a n d over the agenda of division and condemned the communal hate speeches. h a t e y o u r p a r t y a n d i t s pathology behind the act nor shown ● Call for an all party meeting innumerable, often untraceable the resolve to change the social, to deliberate on ways in offshoots that spring up from time to political and administrative which the phenomenon of time, have insidiously introduced conditions under which such hate crime can be tackled into the grammar of our politics, our communal hate is bred. We have socially, politically and social and cultural life and even our had enough of these belated administratively. daily discourse. It is that which remonstrations and promises to It is possible that even this may be provides the social sanction and bring justice when the communal too little too late but it will restore legitimacy for the incidents in cauldron is forever kept boiling by some sense of order and give hope Kathua and Unnao. forces nested within the Sangh that the free fall into anarchy can be In Kathua in Jammu, it is the culture Parivar. arrested. We live in hope.

PUCL BULLETIN, MAY 2018 17 Signed: 1. SP Ambrose, IAS (Retd). Former Additional Secretary, Ministry of Shipping and Transport, GoI; 2. Vappala Balachandran, IPS (Retd). Former Special Secretary, Cabinet Secretariat, GoI; 3. Chandrashekhar Balakrishnan. IAS (Retd). Former Secretary, Ministry of Coal, GoI; 4. Pradip Bhattacharya, IAS (Retd). Former Additional Chief Secretary, Development & Planning and Administrative Training Institute, Govt. of West Bengal; 5. Meeran C Borwankar, IPS (Retd). Former DGP, Bureau of Police Research and Development, GoI; 6. Sundar Burra, IAS (Retd). Former Secretary, Govt. of Maharashtra; 7. Javid Chowdhury, IAS (Retd). Former Health Secretary, GoI; 8. Anna Dani, IAS (Retd). Former Additional Chief Secretary, Govt. of Maharashtra; 9. Surjit K. Das. IAS (Retd). Former Chief Secretary, Govt. of Uttarakhand; 10. Vibha Puri Das. IAS (Retd) Former Secretary, Ministry of Tribal Affairs, GoI; 11. Nareshwar Dayal. IFS (Retd). Former Secretary, Ministry of External Affairs and High Commissioner to the United Kingdom; 12. Keshav Desiraju, IAS (Retd). Former Health Secretary, GoI; 13. M.G. Devasahayam, IAS (Retd). Former Secretary, Govt. of Haryana; 14. Sushil Dubey, IFS (Retd). Former Ambassador to Sweden; 15. K.P. Fabian, IFS (Retd). Former Ambassador to Italy; 16. Meena Gupta, IAS (Retd). Former Secretary, Ministry of Environment & Forests, GoI; 17. Ravi Vira Gupta, IAS (Retd). Former Deputy Governor, Reserve Bank of India; 18. Wajahat Habibullah, IAS (Retd). Former Secretary, GoI and Chief Information Commissioner; 19. Sajjad Hassan, IAS (Retd). Former Commissioner (Planning), Govt. of Manipur; 20. M.A. Ibrahimi, IAS (Retd). Former Chief Secretary (rank) Bihar; 21. Ajai Kumar, Indian Forest Service (Retd). Former Director, Ministry of Agriculture, GoI; 22. Arun Kumar, IAS ( R e t d ) . F o r m e r C h a i r m a n , N a t i o n a l P h a r m a c e u t i c a l P r i c i n g A u t h o r i t y , G o I 23. Harsh Mander, IAS (Retd). Govt. of Madhya Pradesh; 24. Aditi Mehta, IAS (Retd). Former Additional Chief Secretary, Govt. of Rajasthan; 25. Sunil Mitra, IAS (Retd). Former Secretary, Ministry of Finance, GoI; 26. Sobha Nambisan, IAS (Retd). Former Principal Secretary (Planning), Govt. of Karnataka; 27. Amitabha Pande, IAS (Retd). Former Secretary, Inter-State Council, GoI; 28. Niranjan Pant,IA&AS (Retd). Former Deputy Comptroller & Auditor General of India; 29. P. R. Parthasarathy, IPS (Retd). Former Director, Anti- Corruption Bureau, Govt. of Maharashtra; 30. Alok Perti, IAS (Retd) Former Secretary, Ministry of Coal, GoI; 31. N.K. Raghupathy, IAS (Retd). Former Chairman, Staff Selection Commission, GoI; 32. M.Y. Rao, IAS (Retd).; 33. Sujatha Rao, IAS (Retd). Former Secretary, Ministry of Health, GoI; 34. Julio Ribeiro, IPS (Retd). Former Adviser to Governor of Punjab & Ambassador to Romania; 35. Aruna Roy, IAS (Resigned); 36. Manabendra N. Roy, IAS (Retd). Former Additional Chief Secretary, Govt. of West Bengal; 37. Umrao Salodia, IAS (Retd). Former Chairman, Rajasthan Road Transport Corporation, Govt. of Rajasthan; 38. Deepak Sanan, IAS (Retd). Former Principal Adviser (AR) to Chief Minister, Govt. of Himachal Pradesh; 39. E. A.S. Sarma, IAS (Retd). Former Secretary, Department of Economic Affairs, Ministry of Finance, GoI; 40. N.C. Saxena, IAS (Retd). Former Secretary, Planning Commission, GoI; 41. Ardhendu Sen, IAS (Retd). Former Chief Secretary, Govt. of West Bengal; 42. Abhijit Sengupta, IAS (Retd). Secretary, Ministry of Culture, GoI; 43. Aftab Seth, IFS (Retd). Former Ambassador to Japan; 44. Navrekha Sharma, IFS (Retd). Former Ambassador to Indonesia; 45. Har Mander Singh, IAS (Retd). Former Director General, ESI Corporation, GoI; 46. Jawhar Sircar, IAS (Retd). Former Secretary, Ministry of Culture, GoI, & CEO, Prasar Bharati; 47. K.S. Subramanian, IPS (Retd). Former Director General, State Institute of Public Administration & Rural Development, Govt. of Tripura; 48. Geetha Thoopal, IRAS (Retd). Former General Manager, Metro Railway, Kolkata; 49. Ramani Venkatesan, IAS (Retd).Former Director General, YASHADA, Govt. of Maharashtra 1https://thewire.in/politics/narendra-modi-open-letter-kathua-unnao @ 20Apr2018 q

PUCL Karnataka: Press release on 03.04.2018 Press Release on PFI Ban in Jharkhand

Popular Front of India (PFI) is an The state should have identified question of whether there is organization of citizens of India. such members associated with anything wrong with highlighting Members of PFI are guaranteed ISIS and initiated legal action lynchings that took place in their right to freedom of expression against them, instead of banning Jamtara, Latehar, Ramgarh and and association under Constitution PFI as an organisation. It is evident Seraikela. What is wrong in filing of India. PFI has units in all states. that the banning of the organisation case against police atrocities? The state and central governments is entirely communally and What is wrong in demanding justice have the responsibility to protect politically motivated and biased. and compensation to the victim their rights and respond to their PFI has been a large organization families? The impunity of the demands, rather than silencing with thousands of members from majority community in cases of their voices. Unfortunately, in a minorities and other weaker lynching is supported by the police, complete abdication of its duty to sections of the society. They have and PFI has been working tirelessly protect and uphold fundamental been engaged in mobilizing and to expose this nexus. PFI has been rights of all citizens, Jharkhand educating communities on their raising such issues as human rights state government has banned PFI, rights and entitlements, promoting violation and demanding action alleging some of its members literacy, education and demanding through rallies and protests without influenced by ISIS. It is an their share of resources in health any violence. Any action against unfortunate development and services, education, employment, P F I r e e k s o f s t a t e h i g h - unconstitutional action, and there is welfare and social security as handedness, and its tacit support no evidence suggesting that PFI matter of right guaranteed by for perpetrators of communal itself identifies with or condones the constitution of India. violence. Hence, the ban on activities of ISIS in any manner PFI has in recent times been J h a r k h a n d P F I i s i l l e g a l , whatsoever. PUCL Karnataka particularly active in seeking justice unconstitutional, and constitutes c o n d e m n s b a n n i n g s t a t e for communal atrocities through violation of freedom of expression Jharkhand PFI unit. legal interventions. This begs the and freedom of association. It is an PUCL BULLETIN, MAY 2018 18 organized attempt by the ruling BJP constitutional head of the state of urges the Honorable Governor of government to misuse the J h a r k h a n d t o p r o t e c t t h e the Jharkhand to revoke the ban on constitutional systems and fundamental rights and democratic PFI in the state. structures. rights of minorities living in the Y J Rajendra, President; Venkataraju, Therefore, it is time for Governor as state. Thus PUCL – Karnataka G e n e r a l S e c r e t a r y ; R V Chandrashekar, Treasurer – PUCL Karnataka. q Press Statement of PUCL Tamil Nadu 07.04. 2018, Chennai Press Statement On 3rd April 2018, Prakash of This ghastly attack was recorded in unnecessary or disproportionate Saligramam, Chennai was driving a nearby CCTV cameras and went force has its roots in the conception two-wheeler without wearing a viral in social media. and construction of the police as an helmet and carrying two pillion Peoples Union of Civil Liberties instrument of state or executive riders, his mother and sister. (PUCL) strongly condemns this power to control and discipline Mambalam Traffic Police personnel inhuman act of the police personnel citizens. Hence it is necessary to intercepted the bike. Arguments for taking the law into their own revisit this basic contradiction in a ensued as Prakash was asked to hands. We request the Tamilnadu democratic polity to satisfactorily pay a fine. The enraged cops soon Police authorities to immediately address the deeper causes of this began to brutally beat them in suspend the police officials p h e n o m e n o n , s o t h a t public. A cop forcibly held Prakash involved in the incident and to programmatic actions such as to a pole, while another twisted his initiate disciplinary proceedings training to sensitize the members of left arm and a third tries to break the against the offenders as a deterrent police organizations in their relation youth's arm. Prakash's mother to such incidents taking place in the to people at large are effective in pleaded with the police to release future. transforming these relations. him but in vain. She was also However, the problem of police K. Sudhir, President, Greater manhandled and pushed around. brutality including the use of Chennai Unit, PUCL q Joint Press Note on 25th March 2018, Imphal Mapithel Dam Downstream Affected Peoples (MDDAP) Mapithel Dam Downstream Affected Village Level Committee (MDDAVLC) & Citizen's Concern for Dams and Development (CCDD) The Mapithel Dam Downstream released when there is no incentives as mitigation measures. Affected Peoples (MDDAP), immediate danger of flooding or The Mapithel Dam has created a Mapithel Dam Downstream dam overflow. new generation of “Dam Widows” Affected Village Level Committee The announcement has come at a induced by a megaproject funded (MDDAVLC) and Citizen's Concern time when the negative impacts of by Japanese International for Dams and Development the impounding of water by the Cooperation Agency (JICA) andthe (CCDD) strongly object to the M a p i t h e l D a m a r e b e i n g State and the Central Governments arbitrary informal information increasingly felt by dozens of of India in order to bring disseminated by the IFCD villages both upstream and development to the people of department of the Manipur downstream since January 2015. Manipur. The project has been Government late in the evening of Apart from flooding the blocking of delayed for multiple reasons for the 24th March 2018 (Saturday) to Thoubal River by the Mapithel Dam past almost thirty years. In the some local youth clubs of the has generated adverse impacts like meantime the project has failed to affected villages, immediately loss of livelihood in both the fulfill any of its objectives. The loss downstream of the Mapithel Dam upstream and the downstream of livelihood and land by the dam that water will be released from the villages. Downstream villages, in has resulted in the enforced dam on Monday, 26th March 2018. particular have been reeling with migration of dozens of men from No formal written notice was issued familyand social disorganisation the downstream villages to look for specifying the time of release, the and fragmentation due to the work in remote lands including quantum of water to be released livelihood loss, in absence of any neighbouring country, Myanmar and why the water should be alternative arrangement or leaving behind increasing numbers

PUCL National Office has now shifted to 332 (Ground Floor), Patpar Ganj, (Opposite Anand Lok Aptts., Gate No. 2), Mayur Vihar Phase-l, New Delhi-110091. (Ph. No. 011-22750014)

PUCL BULLETIN, MAY 2018 19 Postal Regn. No.: DL(E)-01/5151/2018-2020 Posting : 1-2 May 2018 at New Delhi PSO Date of Pub.: 27-28 April, 2018 of women headed households and Government of Manipur. drop out school children. This step taken by the Government This step taken by the Government of Manipur is a criminally inhuman of Manipur is a criminally inhuman disregard of human safety, disregard of human safety, including the safety of women and including the safety of women and children and their properties, children and their properties, downstream of the dam. It is a total downstream of the dam. It is a total and blatant abuse of authority. The and blatant abuse of authority. The informal announcement gives less informal announcement gives less than 36hours for the villagers to than 36hours for the villagers to clear the area. Therefore, we clear the area. Therefore, we strongly condemn this action being strongly condemn this action being taken up by the government taken up by the government through IFCD. We call for an Founder : Jaya Prakash Narayan through IFCD. We call for an immediate withdrawal of this President : Ravi Kiran Jain immediate withdrawal of this informal notification. Any human informal notification. Any human and property loss caused by the General Secretary : V. Suresh and property loss caused by the sudden release of the water Treasurer : Surendra Kumar sudden release of the water including loss of human life will be Vice-Presidents : Binayak Sen, G. Saraswathi (Ms.), N.D. Pancholi, including loss of human life will be the sole responsibility of the P.B. D’sa, Radhakant Saxena, the sole responsibility of the Government of Manipur. q Sanjay Parikh. Secretaries : Kavita Srivastava (Ms.), Nishant Akhilesh, Rohit Prajapati, PUCL Announces the Publication of the Compilation of Sudha Bharadwaj (Ms.), Vandana Misra (Ms.), YJ Rajendra Judgements of the Supreme Court in PILs filed by the PUCL Organising Secretaries : Ajay T.G., Arjun Sheoran, Nishat Hussain (Ms.), Taking Human Rights Forward Ramashray Pd. Singh. 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, MAY 2018 20