Amid the din of Mumbai attack on November 26, 2008, Manmohan Singh government succeeded in getting bipartisan support for National Investigation Agency Bill and Unlawful Activities (prevention amendment) Bill. The way two bills have been passed without much debate and safeguards for minorities speaks a lot about militancy of the majority rule. Congress and BJP voices merged to pass draconian laws over and above the fundamental rights granted to citizens in the Indian constitution. The impression was given as if there were virtually no laws to prevent terrorists.
In spite of about a dozen radars in the distance of 500 nautical miles between Karachi and Mumbai, the Indian Navy and Maharashtra law enforcement could not wake up from politically-induced slumber, how can new laws ensure that these will prevent future terrorist strikes?
If the laws strengthen the same set of people, it is not hard to predict where it is going to be used and when it will become completely inoperative.
The kind of hurry shown to get the new law passed, points out that it will be exercised only on terrorists of certain kinds, whereas others will be allowed to preach hatred, disaffection and smearing against the people they don’t like. But what kind of terrorists? The only clue is that who threaten India’s sovereignty. In that case, terrorist are vaguely defined someone who are suspected to invade India. But the new law is silent on another kind of terrorists who use ‘terrorism’ in the name of India’s sovereignty; the kind of terrorism fallen cop Hemant Karkare was investigating. Their activities include the lobbying of bombs, destroying train and massacring minorities with ‘false flag’ covert operations. Radicals of this type assert that their violence is to safeguard the sovereignty of their country. BJP, RSS and Shiv Sena all stood behind Sadhvi, Swami and Col. Prohit to defend them as soldier of Bhart Mata.
The way Bal Thackeray’s inflammatory statement has been ignored is a pointer towards the intention of the lawmakers. The new law may make Indian constitution useless for certain groups of Indian citizens. Thackeray’s statement in his editorial that mini-Pakistans should be destroyed first amounted to demonizing Indians who happen to be Muslims. Indian Muslims not only condemned Mumbai attacks but also expressed their loyalty to defend India. But they will always remain suspect in the eyes of stalwarts in BJP and Congress. Tytlers, Thackerays and Modis will have free play of their hatred in the meanwhile. . If India is a secular democracy, why some Hindus are allowed rabble rousing? Should not the new law have made provisions to deal with such people? As a matter of fact, there is no dearth of laws, but the majority militancy always takes a back seat.
In the midst of strained relations between India and Pakistan, media outlets have been showing irresponsible, provocative and contemptible behavior in covering the aftermath of Mumbai attacks. For instance Zee T.V meant for oversea Indians is most slipshod in choosing language that is an insult to journalistic ethics. Such coverage fails to inform appropriately and acts only to add fuel to the fire. The corporate media crosses all boundaries to serve politicians’ illegitimate, corrupt and hateful plans. Full length Editorials and Opinion pages were written to misinterpret suggestion of Union Minister A.R. Auntalay. They ascribed unthinkable motives, conspiracy theories and treacherous designs to the Minister’s statement. Corporate media simply reflected majority militancy giving a severe setback to India’s secular credentials. Auntulay’s episode has given early signs of how Unlawful Activities (Prevention) amendment (UAPA)and National Investigation Agency (NIA)will be used in times to come. If Hemant Karkare was not killed in the terrorists’ attack, wasn’t he on the hit list of Shiv Sena? Congress should have been proud of Auntulay for acting as a voice of conscience for the party. But to enlist support of BJP for new laws, Congress chose to endorse saffron agenda. Wasn’t it BJP only that bailed out Manmohan Singh’s government from Indo-US nuclear debacle?
Criminal Justice in Contrast
Congress I leader Jagdish Tytler continues to enjoy his party’s support in avoiding his direct involvement in anti-Sikh violence in 1984. CBI tried to close his case for the lack of witnesses who have also been identified in various inquiry commissions. But witnesses proved CBI wrong. On the direction of the court, CBI had to record statements of Surinder Singh New York and Jasbir Singh in San Francisco. More than 3000 murder victims have been waiting for justice for 24 years.
H.S. Sabharwal was a professor in Madhav College Ujjain in Madhaya Pradesh. On August 26, 2006 he was murdered in broad day light in the presence of police and students by ABVP leaders. BJP government refused to arrest the criminals and started intimidating witnesses and Proessor’s son, Himanshu Sabharwal. Some witnesses turned hostile due to threats to their life. Himanshu approached Supreme Court of India for shifting his case from Madhya Pradesh to some other state. The court transferred his case to Nagpur in Maharashtra. Professor’s son is still fighting to get ABVP leaders punished.
Bal Thackeray’s name figures in Srikrishna Commission report for inciting anti-Muslim violence in 1993. But after that Shiv Sena came in power in Maharashtra. The Srikrishna report was shelved permanently. Bal Thackeray continues to escape any scrutiny of Indian Law.
BSP MLA from Auraiyya in UP Shekhar Tiwari was arrested for murdering Engineer Manoj Gupta on December 23, 2008 who had refused to donate hefty amount for state chief Minister’s birthday. BSP MLA and his supports indulged in his severe beating that led to his death. MLA and his supporters were arrested without any delay. National Security Act was invoked against him. CM Ms. Mayawati has agreed to CBI investigations also if it was ordered in similar cases. The arrest of her own party’s MLA immediately after the murder stands out in the backdrop of unscrupulous protection to criminals by Congress and BJP.
