08 December 2009

The Babri Masjid demolition was symptom of a larger breakdown


The Babri Masjid demolition was symptom of a larger breakdown but Indians have rejected agendas of hate

by Mahesh Rangarajan
Mail Today, 7 December 2009

THE RUMPUS over the report of the MS Liberhan commission will occupy centre- stage in the coming weeks. Much of the debate has focused on what the Sangh Parivar and its associate outfits did or did not do on that fateful day. There has been equal emphasis and rightly so on how the then Congress government in New Delhi failed to act in time to prevent the demolition.

But these issues, vital as they are, do not help answer a pricklier question. What is it about the political contours of India in the decade prior to the demolition that led to the virtually unchallenged assault not so much on a mosque but on the very idea of the rule of law in this open manner? Ayodhya on 6th December 1992 was a challenge to the idea of India as a country founded on respect for law as a means to settle disputes.

In common with other extremist movements and currents of whatever creed or community, stripe of colour, the movement sought to remake political India. The movement to demolish the mosque — make no mistake that is what it was — succeeded in its first task.

It played, most of all its prime spokesman LK Advani did, on the sense of “Hindu hurt” and “Hindu pride”. The rath yatra of 1990 involved more than a fringe and struck a chord in many with no previous sympathies with his party or faction.

‘Hum Mandir wahin banayenge’, the twin slogan of a temple and on that very spot, gave the Hindutva idea a wider base than any symbol in its decades long past

Backdrop

Many factors fuelled its rise. Terrorism in Punjab gave Congress the handle to play on Hindu sentiment.

Insurgency in Kashmir seemed poised to prise the Valley away from India.

Economic crises of 1989- 91 set the stage for middle class angst with the older economic order. The defeat of the Soviets in Afghanistan also looked like signal that religion based politics was the wave of the future.

Yet, in the first set of byelections held after the demolition, a new combine of Mulayam and Kanshi Ram trounced the party. A year after the tragic event, the coalition of the Backward Class and Dalit parties actually came to power.

Party workers chanted another slogan and no one could stop them from doing so. ‘ Mile Mulayam Kanshi Ram, Hava main ud jaye Jai Shri Ram.’ The joint forces of the two leaders of the lower social orders would rout those rallying behind the temple movement. The latter, it might be pointed out, dissipated in energy and focus after the demolition.

It was almost as if in being a success, it sowed the seeds of its own downfall.

There is little doubt it was the failure of centrist politics that enabled the Vishwa Hindu Parishad and then its political partner to mount such a successful mobilisation. Few of the major parties come out in flying colours.

The Congress government facilitated the cause at every key stage, right from opening the locks of the masjid till the foundation ceremony in November 1989. Its challenger VP Singh, despite his old roots in the Lal Bahadur Shastri era, preferred to ally with rather than oppose in a principled manner the politics of Advani.

And, as a prescient observer noted at the time, the meeting of the National Integration Council in Madras in November 1992 did little to strengthen the PM’s hands. It simply said it stood by whatever he felt was necessary. In other words they washed their hands of the case and let him face the music. It may have been good party politics but it did not serve the country.

Congress

Yet, it is the decade of the Eighties, a time of Congress dominance in the polity, that saw the ground slip under the pluralist cause. Not just once and not merely in one arena of political life, the country’s oldest party played the communal card. Indians might divide but if enough could vote for it, the party saw no reason not to play the role of agent and handmaiden to sectarianism.

This was in contrast to its record in the past. The early years of independence now under increasing historical scrutiny saw leaders divided on a host of issues unify in containing sectarian currents that could undermine a fragile unity. Both Nehru and Patel were one on using state machinery to ban Hindu extremist groups after Gandhiji’s assassination.

It was Home Minister Sardar Patel and not Nehru who saw to it that the dispute at Ayodhya was frozen and locks placed on the structure. It was the breaking of the locks on magisterial order in 1986 that was a symbol of the Congress’ wafer thin commitment to pluralism.

The magistrate claimed ‘ heavens will not fall’. He was right. It was hell that broke loose.

The backdrop to the opening of the locks lay in a steady and unremitting retreat of the forces of law and order when riots and massacres occurred especially in north India. Aligarh, Moradabad, Hashimpura and Maliana set the stage for Delhi 1984 and the post demolition massacres.

In this, there was a sharp contrast with the long Nehru and early Indira periods.

It is true that the Congress since its return to power in 2004 and well before that has taken note of this record. Distancing itself from the Rao period is easy, given that he does not figure in its pantheon of icons. And there is little reason to doubt the demolition was for him a colossal failure.

But to go further and make pluralism more than mere slogan, justice is a must. Justice has to come in the form of criminal proceedings against those who broke the law. In this respect, the Liberhan report does little to show the way.

Harmony

It also requires deeper attention to the kinds of social fissures and educational droughts that underlie tensions. The Sachar Report did a first class job in pointing the way forward in the latter regard.

Unlike in the time the demolition took place, the larger situation bodes well for such sustained efforts at giving peace a firm foundation.

The appeal of militant Islamism is on the wane in the Valley; terrorism in Punjab has given way to the routine of party based democracy. Even the special powers of the armed forces are being scrutinised afresh with curbs on the anvil. Identity politics has given way to daal and roti based issues.

The demolition was a symptom of a larger breakdown of the political order.

It is a tribute to the maturity of the Indian voter that hate agendas have been short lived and unable to effect larger changes in the body politic. But the task of creating the basis for harmony is still an unfinished one. It is a pity that the Liberhan Commission did not do more to aid this historic endeavour.

The writer teaches history in Delhi University

07 December 2009

Concerned Citizens of Gujarat for Prosecution of architect of demolition of Babri

Justice delayed is justice denied. However, even after this long wait those indicted by the Commission’s findings are , duly prosecuted and punished, it will be a great , though belated service to our wounded nation and it’s torn secular fabric.

Movement for Secular Democracy
C/o Narmad- Meghani Library, Natraj Railway Crossing, Meethakhali, Ahmedabad- 380006
Ph.No- 079 26404418

Date- 5-12-09
MEMORANDUM

Subject- Concerned Citizens of Gujarat for Prosecution of architect of demolition Of Babri

To,
Mr. Manmohan Singh,
The Prime Minister of India,
New Delhi.

Sir,

After 17 long years and over 4000 hearings Justice Liberhan has submitted his report on the demolition of Babri Masjid and it has been placed on the table of the House of the Parliament The report has named 68 important figures responsible for the demolition. It is a matter of concern that as there is no specific measures mentioned in the Action Taken Report(ATR) which was placed before the house of Parliament has encouraged the architects of demolition of Babri to vilify the atmosphere of the country taking advantage of the non prosecution.

The central thrust of the report expose the shameless betrayal and desecration of the Constitution and it’s basic Principles by the major ruling parties and cannot be ignored or put aside by legal squabbling and finding some loop holes here and there.

As they say justice delayed is justice denied. However, even after this long wait those indicted by the Commission’s findings are , duly prosecuted and punished, it will be a great , though belated service to our wounded nation and it’s torn secular fabric.

We the concerned citizens of Gujarat urge you to take immediate steps in this regard and hand over the case to CBI and open Fast track Courts with out delay to bring a logical end to years long judicial feud.

Thanking You

Yours

Prakash N. Shah,

Convener,
Movement for Secular Democracy

Date- 5-12-09
The Signatures of the concerned leading citizens

Mr. Chunibhai Vaidya
Ms. Ilaben Pathak
Ms. Mallika Sarabhai
Mr. Girish Patel
Mr. Mukul Sinha
Dr. J. Bandukwala
Mr. Gautam Thaker
Mr. Rajni Dave
Mr. Indukumar Jani
Mr. Uttam Parmar
Fr. Cedrik Prakash
Mr. Harinesh Pandya
Mr. Digant Oza
Mr. Manishi Jani
Mr. Dhiru Mistry
Mr. Mansoor Saleri
Mr. Rohit Shukla
Mr. Jagdish Shah
Ms. Saroop Dhruv
Mr. Hiren Gandhi
Mr. Chinu Shrinivasan
Mr. Dankesh Oza
Mr. Mahadev Vidrohi
Mr. Dilip Chandulal
Mr. Johannes Manjrekar
Mr. Bharat Mehta
Ms. Renu Khanna
Mr. Poonjabhai A. Patel
Mr. Ratilal Desai
Mr. Chandrakant Nai
Mr. Ratilal Dave
Mr. Chandrakant M. Trivedi
Mr. Omprakash Giri
Mr. Bharatsinh Zala
Mr. Ganpatbhai Rathod
Mr. Amrish Patel
Mr. Prafull Desai
Mr. Rahul Mehta
Mr. Pravin Pandya
Mr. Ashok Gupta
Mr. Soukat Ali Indori
Mr. Ishaq Chinwala
Mr. Vinod Pandya
Mr. Babubhai Desai
Mr. Kishorebhai Desai
Mr. Jagdish Patel
Ms. Damayantiben Parekh
Ms. Meenakshi Joshi
Mr. Jayesh Patel
Mr. Tapan Dasgupta
Mr. Mukesh Semwal
Ms. Bharti Parmar
Mr. Bhavik Raja
Mr. Satyendra Singh
Mr. Dwarikanath Rath


Copy -
Mr. P.Chidambaram,
Union Home Minister of India, New Delhi.

06 December 2009

A New Political Party of the Hindu Right Announced


Kalyan Singh claimed that in future, he would work for strengthening the BJP, for Hindutva and for the construction of the Ram temple at Ayodhya

Kalyan  to float own party
The Indian Express 5 December 2009
Express news service - Saturday , Dec 05, 2009 at 0329 hrs Lucknow:

With the BJP leadership cold to his overtures, former Uttar Pradesh chief minister Kalyan Singh has decided to float a new political party which will “espouse the ideology of Hindutva, cultural nationalism, social justice, social harmony and development”.Singh said this on Thursday after a meeting with his supporters from central and eastern UP. On November 28, he had organised a similar meeting for supporters from Western UP in Delhi.

“The name and other details of the party will be decided later,” Singh said. “After the registration of the party with the Election Commission, I will go for a darshan of Ram Lalla at Ayodhya. The dates will be announced a week in advance so that all those who wish to accompany me may do so.”

At the fag end of 1999, after resigning from the BJP, Singh had floated the Rashtriya Kranti Party. This outfit was merged with the BJP in December 2003, after his patch-up with the party ahead of the 2004 Lok Sabha polls. Last January, Singh left the BJP a second time after accusing it of repeatedly humiliating him.

On November 15, while announcing that he was parting ways with the SP, he said quitting the BJP was his “biggest mistake”.

He claimed that in future, he would work for strengthening the BJP, for Hindutva and for the construction of the Ram temple at Ayodhya.

The BJP’s top leadership, however, is not enthused about accepting Singh in its fold in view of its past experience with him.

Remembering Ayodhya at 29, Ferozshah Road on 6th December New Delhi

Release
Remembering Ayodhya at 29, Ferozshah Road
on 6th December New Delhi

· Hum Sab Ayoudhya Exhibition
· Release of Ayodhya Poster
· Release of 2010 Anti-communal Calender
· Release of Ayodhya-A collection of articles
· Film Screening Naseem dir. Saeed Mirza
· Music Madangopal Singh

Join Us

Remembering Ayodhya

December 6th, 2009, Sunday, 3 PM onwards

SAHMAT invites you to an interactive afternoon with key journalist and photographer eyewitnesses to the Babri Masjid demolition. Also present will be historians who have been in the forefront of the debates around Ayodhya. SAHMAT’s interventions on the Ayodhya issue have been ongoing and a major part of its activities. SAHMAT is re-issuing its classic Ayodhya poster/broadsheet from 1993 as well as remounting Hum Sab Ayodhya, its famous exhibition from 1993, attacked by the Sangh Parivar, which became the center of an 8 year court case. A new collection of essays written during that period and edited by Sukumar Muralidharan, will be released. SAHMAT’s 2010 calendar highlighting 21 years of its anti-communal actions will also be released. Films will be screened and there will be singing and poetry too. In the aftermath of the release of the long-awaited Liberhan report there will be a discussion on its import. All the books on the historical and archaeological debates around Ayodhya will be on display and also for sale.

We invite you to join us.

29 Ferozeshah Road, New Delhi, near Rabindra Bhavan, Mandi House. Tel: 2338 1276, 2307 0787

05 December 2009

Ayodhya 1992: Who are the guilty? - Editorial Communalism Compat

Justice Liberhan seems over-eager to give the then Prime Minister Narasimha Rao (and the Congress party?) a clean cheat. "In 1992, the central government had been blinded and handicapped by the inaction of its own agent (governor) in the state and by the unfathomable trust the Supreme Court placed in the paper declarations of the sangh parivar". But he is not so sparing with other agents of State

Editorial Communalism Compat
December 2009


What can one say about the wisdom of a judge who damages his own case before his verdict concerning others! After 17 long years and eight crore rupees of public money Justice Manmohan Singh Liberhan has delivered to the country an over 1,000 page  report on the 1992 Babri Masjid demolition that is full of howlers. According to the Liberhan Commission report, Mahatma Gandhi was assassinated on January 31, 1948. Names of the same persons are spelt differently in different places; designations too are  mixed up on occasions. Looks like the learned judge could not be bothered with reading his own report before placing it before the nation.
Not surprisingly, those indicted, and rightly so, have latched on to the howlers to dismiss the entire report as lacking credibility. But though Justice Liberhan’s callousness is indefensible, his report remains an evidence-backed damnation of those who took the Indian Republic to the brink in December 1992. Not only was the Babri Mosque demolished in full public view on December 6, it also created the communal climate that made possible the pogrom against Mumbai’s Muslims in December 1992-January 1993 and the Muslims of Gujarat 10 years later.
Reading the report is like watching a horror film with an unfolding evil plot, step-by-step. Until 1983 when the VHP decided to jump on to the bandwagon, the Babri Masjid-Ramjanmabhoomi dispute remained a local issue that agitated some residents of Ayodhya… and Faizabad district at most. By 1989, however, a multitude of ordinary Hindus from across the country had been transformed into a frenzied mob that converged on Ayodhya again and again with a single object: construction of a Ram Mandir on the very spot where the Babri Masjid had stood for a few hundred years. Mission demolition on December 6, 1992 was the logical culmination and climax of a hate-driven agenda.
If the criminal intent of the various constituents of the sangh parivar and its ally the Shiv Sena was public knowledge the contribution of the report lies in establishing in great detail how a malevolent intent was translated into malicious action in such a short period as the institutions of State sworn to protect constitutional values and provisions – Union government, Parliament, the Supreme Court of India, the governor of Uttar Pradesh – stood as "helpless" spectators while corresponding institutions and individuals with similar obligations at the state level – chief minister Kalyan Singh, his cabinet, senior to top level civil servants and police officers – acted instead as the private army of a campaign brimming with contempt for the rule of law. If the Liberhan report provides us overwhelming evidence of the acts of commission of those guilty of the criminal act, far more damning is the evidence it marshals against those whose acts of omission made it possible.
It has been the plea of the BJP and the RSS ever since December 1992 that mosque demolition was never on their agenda. To puncture this claim, Justice Liberhan asks a simple question: why then were tens of thousands of kar sevaks mobilised to descend in Ayodhya repeatedly, indoctrinated with incendiary slogans till a very large number of individuals had turned into a hate-filled frenzied mob, straining at the leash? Justice Liberhan does not buy the innocence plea.
From the evidence gathered before the commission it was more than apparent well before December 6 that the plan for that day was anything but a "symbolic kar seva". What’s more, the report points out that much of this information was already in the public domain. By December 2, if not earlier, it was so easy to anticipate the climax of this dance of the macabre on December 6. Why then did the Union government, the Allahabad High Court, the Congress-appointed governor of UP, the Supreme Court of India not intervene?
Justice Liberhan seems over-eager to give the then Prime Minister Narasimha Rao (and the Congress party?) a clean cheat. "In 1992, the central government had been blinded and handicapped by the inaction of its own agent (governor) in the state and by the unfathomable trust the Supreme Court placed in the paper declarations of the sangh parivar". But he is not so sparing with other agents of State. Here are his parting words: "the intransigent stance of the High Court of Uttar Pradesh, the obdurate attitude of the governor (of UP), the inexplicable irresponsibility of the Supreme Court’s observer (sent to Ayodhya) and the short-sightedness of the Supreme Court itself are fascinating and complex stories, the depths of which I must not plumb... (But) historians, journalists and jurists may – and should – explore these dimensions and tell these untold stories for the benefit of the current and unborn generations".
In short, the Liberhan Commission tells us that our constitutional edifice today stands on shaky pillars – legislature, executive, judiciary – of State. Unless the System addresses the rot within and secures its porous borders from pretentious infiltrators, there’s little hope of meeting the challenge from without.
We reproduce in this issue excerpts from the Liberhan Commission’s Report with a few obvious corrections and clarifications.


 

Ayodhya 1992
Excerpts from the Report of the
Liberhan Ayodhya Commission of Inquiry
Editorial

Chapter 1
Introduction (pdf)

Chapter 4

Chapter 5
The Administration (pdf)

Chapter 14
Conclusions (pdf)

Chapter 15

Independent Report on Mass Graves in Indian-administered Kashmir

Evudences for 2,700 unknown, unmarked, and mass graves, containing 2,943+ bodies, across 55 villages in Bandipora, Baramulla, and Kupwara districts of Kashmir, based on applied research conducted between November 2006-November 2009

by International People’s Tribunal on Human Rights and Justice in Kashmir (IPTK)
At a press conference on Wednesday, December 02, 2009, in Srinagar, Kashmir.
Report, photographs, video clips available at: www.kashmirprocess.org
For pdf report Click here

Findings
The graveyards investigated by IPTK entomb bodies of those murdered in encounter and fake encounter killings between 1990-2009. These graves include bodies of extrajudicial, summary, and arbitrary executions, as well as massacres committed by the Indian military and paramilitary forces.
Of these graves, 2,373 (87.9 percent) were unnamed. Of these graves, 154 contained two bodies each and 23 contained more than two cadavers. Within these 23 graves, the number of bodies ranged from 3 to 17.
A mass grave may be identified as containing more than one, and usually unidentified, human cadaver. Scholars refer to mass graves as resulting from crimes against humanity, war crimes, or genocide. If the intent of a mass grave is to execute death with impunity, with intent to kill more than one, and to forge an unremitting representation of death, then, to that extent, the graves in Bandipora, Baramulla, and Kupwara are part of a collective burial by India’s military and paramilitary, creating a landscape of "mass burial."
Post-death, the bodies of the victims were routinely handled by military and paramilitary personnel, including the local police. The bodies were then brought to the "secret graveyards" primarily by personnel of the Jammu and Kashmir Police. The graves were constructed by local gravediggers and caretakers, buried individually when possible, and specifically not en mass, in keeping with Islamic religious sensibilities.
The graves, with few exceptions, hold bodies of men. Violence against civilian men has expanded spaces for enacting violence against women. Women have been forced to disproportionately assume the task of caregiving to disintegrated families and undertake the work of seeking justice following disappearances and deaths. These graveyards have been placed next to fields, schools, and homes, largely on community land, and their affect on the local community is daunting.
The Indian Armed Forces and the Jammu and Kashmir Police routinely claim the dead buried in unknown and unmarked graves to be "foreign militants/terrorists." They claim that the dead were unidentified foreign or Kashmiri militants killed while infiltrating across the border areas into Kashmir or travelling from Kashmir into Pakistan to seek arms training. Official state discourse conflates cross-border militancy with present nonviolent struggles by local Kashmiri groups for political and territorial self-determination, portraying local resistance as "terrorist" activity.
Exhumation and identification have not occurred in sizeable cases. Where they have been undertaken, in various instances, "encounter" killings across Kashmir have, in fact, been authenticated as "fake encounter" killings. In instances where, post-burial, bodies have been identified, two methods have been used prevalently. These are 1. Exhumation; and 2. Identification through the use of photographs.
The report also examines 50 alleged "encounter" killings by Indian security forces in numerous districts in Kashmir. Of these persons, 39 were of Muslim descent; 4 were of Hindu descent; 7 were not determined. Of these cases, 49 were labelled militants/foreign insurgents by security forces and one body that was drowned. Of these, following investigations, 47 were found killed in fake encounters and one was identifiable as a local militant.
IPTK has been able to study only partial areas within 3 of 10 districts in Kashmir, and our findings and very preliminary evidence point to the severity of existing conditions. If independent investigations were to be undertaken in all 10 districts, it is reasonable to assume that the 8,000+ enforced disappearances since 1989 would correlate with the number of bodies in unknown, unmarked, and mass graves.
Allegations
The methodical and planned use of killing and violence in Indian-administered Kashmir constitutes crimes against humanity in the context of an ongoing conflict. The Indian state’s governance of Indian-administered Kashmir requires the use of discipline and death as techniques of social control. Discipline is affected through military presence, surveillance, punishment, and fear. Death is disbursed through "extrajudicial" means and those authorized by law. These techniques of rule are used to kill, and create fear of not just death but of murder.
Mass and intensified extrajudicial killings have been part of a sustained and widespread offensive by the military and paramilitary institutions of the Indian state against civilians of Jammu and Kashmir. IPTK asks that the evidence put forward in this report be examined, verified, and reframed as relevant by credible, independent, and international bodies, and that international institutions ask that the Government of India comply with such investigations.
We note that the international community and institutions have not examined the supposition of crimes against humanity in Indian-administered Jammu and Kashmir. We note that the United Nations and its member states have remained ineffective in containing and halting the adverse consequences of the Indians state’s militarization in Kashmir.
We ask that evidence from unknown, unmarked, and mass graves in Indian-administered Jammu and Kashmir be used to seek justice, through the sentencing of criminals and other judicial and social processes. As well, the existence of these graves, and how they came to be, may be understood as indicative of the effects and issue of militarization, and the issues pertaining to militarization itself must be addressed seriously and expeditiously.
The violences of militarization in Indian-administered Kashmir, between 1989-2009, have resulted in 70,000+ deaths, including through extrajudicial or "fake encounter" executions, custodial brutality, and other means. In the enduring conflict, 6, 67,000 military and paramilitary personnel continue to act with impunity to regulate movement, law, and order across Kashmir. The Indian state itself, through its legal, political, and military actions, has demonstrated the existence of a state of continuing conflict within Indian-administered Jammu and Kashmir.
Queries may be directed to:
 Khurram Parvez
 E-mail: kparvez@kashmirprocess.org
 Phone: +91.194.2482820
 Mobile: +91.9419013553

BURIED EVIDENCE is authored by Angana P. Chatterji, Parvez Imroz, Gautam Navlakha, Zahir-Ud-Din, Mihir Desai, and Khurram Parvez.
[Dr. Angana P. Chatterji is Convener IPTK and Professor, Anthropology, California Institute of Integral Studies.
 Advocate Parvez Imroz is Convener IPTK and Founder, Jammu and Kashmir Coalition of Civil Society.
 Gautam Navlakha is Convener IPTK and Editorial Consultant, Economic and Political Weekly.
 Zahir-Ud-Din is Convener IPTK and Vice-President, Jammu and Kashmir Coalition of Civil Society.
 is Legal Counsel IPTK and Lawyer, Mumbai High Court and Supreme Court of India.
 is Liaison IPTK and Programme Coordinator, Jammu and Kashmir Coalition of Civil Society.]

03 December 2009

"Replace 26/11 Trial Judge" - International Association of People’s Lawyers


It was unfair and uncalled for that Adv.Kazmi was removed from the case and asked to leave the court premises. Was he a criminal who posed a threat to the judge and the court? Kasab’s trial is a public trial which necessarily means a trial to which the general public have access. Arbitrariness is not one of the virtues of the Indian justice system
International Association of People’s Lawyers
 Oudergracht, 3511 AP Utrecht,
 Netherlands.
2nd December 2009
26 / 11 trial judge, Tahilyani, be replaced
What transpired on 26th, 27th and 28th November 2009 in the court of Additional Judge Mr. Tahilyani of Bombay Session Court hearing what is commonly called the “26 / 11 trial” has not gone well with the basic principles of the criminal justice system which India inherited from the British.
The Article 22 of the Constitution is categorical that no accused “shall be denied the right to consult, and to be defended by a legal practitioner of his choice”. The peculiarity of this case, however, made it impossible for Ajmal Kasab to exercise this right and to have a legal practitioner to defend him, let alone a legal practitioner of his own choice. Hence, the state intervened, as is the practice, and provided him with a legal counsel. And that is how Abbas Kazmi came to defend Kasab.
As a defence counsel, Kazmi had an independent status. He could not have been dismissed on the ground that he opposed the prosecution’s application to short-cut the trial by tendering evidence of prosecution witnesses on affidavit. This episode has vitiated the trial of Ajmal Kasab. Justice should not only be done, but also be seen to have been done.
It was unfair and uncalled for that Kazmi was removed from the case and asked to leave the court premises. Was he a criminal who posed a threat to the judge and the court? Kasab’s trial is a public trial which necessarily means a trial to which the general public have access. Arbitrariness is not one of the virtues of the Indian justice system.
Several of the 340 affidavits submitted by the prosecution in the court constituted evidence not only in appearance, but also in substance. They did not fall under Section 296 of Criminal Procedure Code. Abbas Kazmi has a legal and moral obligation to raise the issue and debate it in the open court. How could this disqualify him to be a defence counsel?
What happened in Mumbai on 26th November 2008 had arrested the attention of the world. The trial and verdict of Kasab’s case will come under the watchful eyes of the international media. This has serious implications for the Indian judicial system. It is in the interest of justice and fairness and the good name of the Indian judicial system that Judge Tahilyani is replaced with a new judge. This is not just one of the million cases pending in India. This is a unique case. It calls for special attention and treatment.
P.A. Sebastian,
 Chairperson – International Association of People’s Lawyers.