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Indian Supreme Court: Anti-government statements not sedition

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Today most governments are increasingly intolerant of the public criticism of their misgovernance, deception and corruption. The critics are attacked and even jailed – India claiming to be the largest secular democracy in the world suffers badly on that count.

Many critics face notorious seduction charges and are in jail because of their conviction to defend what they believe in. The situation has reached such a level of fear in the minds of people that they are scared of telling anything considered to be the truth in nation where its founding father Mahatma Gandhi taught the values of truth.

In India sedition is being used as state terror techniques to instill a fear and stop the critics form speaking the truth. Those who speak the truth are either killed or taken to jail. Many critics of Hindutva ideology have been murdered in Karnataka, and elsewhere and those who sell beef or eat it are beaten to death. 

This vulture phenomenon is the new Indian culture of intolerance. Ever since the BJP came to power under RSS leader N. Modi, the insanity of intolerance has grown multifaceted. While the government promotes ‘Ghar wapsi’  to convert Muslims, Jews, Sikhs, jains and Christians into  Hinduism/Hindutva, Muslims cannot propagate for their faith or convert Hindus into Islam even if  the Hindus persist for joining the Islamic community. Cases are filed if a Hindu becomes part of Muslim community.

So much of hatred is being pumped into national consciousness by the regime agencies.

At long last, the Supreme Court of India has come out to clear the mess due to sedition threat through a historic verdict.

Indian courts are dumped with false sedition cases.

The Supreme Court on October 08 said that all authorities across the country would be bound by the Kedar Nath judgment of the apex court, which limits the scope of filing sedition cases under the provisions of Indian Penal Code. A bench of Justices Dipak Misra and Uday Lalit gave the direction after Prashant Bhushan appeared on the behalf of the petitioners –NGO Common Cause and S. P. Udayakumar (an anti-nuclear activist in Kudankulam Tamil Nadu, against whom sedition charges have been made and arrested on several occasions) – and said that there has been an increase in the number of sedition cases being filed.

Eminent lawyer Bhushan argued before the bench that the law of sedition is being grossly misused, misapplied and abused by the authorities and that the authorities are not following the judgment in Kedar Nath which states that Section 124A (sedition) is only applicable where there is violence or incitement to violence in the alleged act of sedition.

Taking note of this submission, the bench in a brief order, said “we are of the considered opinion that the authorities while dealing with the offences under Section 124A of the Indian Penal Code shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs. State of Bihar case.  Except saying so, we do not intend to deal with any other issue as we are of the considered opinion that it is not necessary to do so. The writ petition is accordingly disposed off.”

The petitioners were concerned at the increasing number of ‘sedition’ cases being filed across the country, the latest being the slapping of a charge against Amnesty International India for organizing a debate on Kashmir and against Kannada actor-turned-politician, Ramya for her ‘Pakistan is not hell remark,’ and challenged this provision in the Indian Penal Code. They said there has been an increase in the number of cases of sedition against intellectuals, activists and students.

The petition was for the Supreme Court to address the misuse and misapplication of IPC Section 124A (sedition law) by the Centre and various state governments, which has led to routine persecution of students, journalists and intellectuals engaged in social activism. It submitted that these charges are framed with a view to instill a fear and to scuttle dissent and are in complete violation of the scope of sedition law as laid down by constitution bench judgment of Supreme Court in Kedar Nath.

In the petition, a prayer was made for the issuance of an appropriate writ, order or direction making it compulsory for the concerned authority to produce a reasoned order from the director general of police or the commissioner of police, as the case maybe, certifying that the “seditious act” would either lead to the incitement of violence or had the tendency or the intention to create public disorder – before an FIR is filed or an arrest is made on the charges of sedition against any individual.

In the various cases that have been filed in recent years, the charges of sedition against the accused have failed to stand up to judicial scrutiny. The petitioner therefore sought strict compliance with the constitution bench judgment of the Supreme Court in Kedar Nath in which the scope of sedition as a penal offence was laid down and it was held that the gist of the offence of sedition is “incitement to violence” or the “tendency or the intention to create public disorder”. It was submitted that those actions, which do not involve violence or the tendency to create public disorder – such as the organisation of debates/discussions, drawing of cartoons and criticism of the government – do not constitute sedition.

Section 124A of the IPC states “whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprisonment for life to which fine may be added or with imprisonment which may extend to three years.”

The petitioners regretted that more than 50 years since the Kedar Nath judgment, Section 124A of the IPC was being allowed to be used irrespective of whether the alleged act or words are, in fact, seditious acts, or constituting a “tendency to cause public disorder or incitement to violence”.

In carrying out arrests and slapping charges, the police and the governments have rarely, if ever, respected this restriction. Successive governments have blatantly used Section 124A to stifle the voice of dissent and to further their political goals. Quoting statistics, they said, according to the National Crime Records Bureau (NCRB) report of 2014, as many as 47 sedition cases were reported across nine Indian states in 2014 alone. Many of these cases did not involve violence or incitement to violence, which is a pre-requisite for a sedition charge. It was submitted that as per NCRB figures, a total of 58 people were arrested in connection with these cases, but the government managed only one conviction.

It said that in 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR), which sets forth internationally recognised standards for the protection of freedom of expression. However, misuse of sedition law under Section 124A and the arbitrary slapping of charges continue to restrict speech in ways that are inconsistent with the ICCPR. In the Kedar Nath judgment, the apex court unequivocally narrowed the scope of Section 124A, but it continues to be misused, thereby making it imperative for this court to issue necessary directions and guidelines to uphold its decision in Kedar Nath which is also compatible with India’s international obligations.

The petitioner acknowledges that words which directly provoke violence, or which directly threaten the maintenance of public order, may deserve censure. However, that is not what the misapplication of sedition law seeks to achieve. The present practice of misapplication of sedition law violates the Kedar Nath judgment. It further aims to crush all opposition to the ruling political party. The regular use of the law continues to have a chilling effect on the freedom of speech and expression in the country. It was submitted that though a small number of sedition cases lead to actual conviction; it causes harassment of individuals till the time judgment comes, which in various cases takes several years.

Meanwhile, individuals charged with sedition have to live without their passport, are barred from government jobs and must produce themselves in court at all times as and when required. A person who is charged also has to spend money on legal fees. The charges have rarely stuck in most of the cases, but the process itself becomes the punishment. The petitioners prayed for a review of all pending sedition cases and for criminal complaints for sedition made before a judicial magistrate with a view to curb the misuse and misapplication of the sedition law.

Observation

Indian government and its core media, especially the TV channels always make it a point to threaten those who speak against the policies of Indian government, particularly on foreign policy matters and Indian attitude towards Kashmiris, with sedition charges.

The historic judgment of the Apex Court on the subject has made it amply clear about the rights of Indian citizens to be watchful the government actions and criticize the actions if they are not found correct.

People have the right to question the policies and principles of Indian government, elected by the people who offer the mandate to rule the nation on their behalf for a term as such the government should enact laws to strengthen the democratic and secular fabric of India and not to try to curtail the freedoms of speech. .

Many Indian human rights people have been warned against opposing militarization of Kashmir and genocides of Kashmir Muslims in Jammu Kashmir and threatened in open in debates with seditions charges and such threats meant to bully and silence the critics of state terrorism. Even Hindus are scared of taking about Indo-Pakistan relations in a positive sense for that reason. TV channels a parade the anti-Islamic, anti-Muslims, and anti-Kashmir, anti-Pakistan guys to jointly attack all of them and make Hindus happy.

Ultra fanaticism belongs exclusively to Israel and India. Their strategic boss USA is slightly better.

Dr. Zakir Hussein – a known Islamic scholar who propagates his vision of Islam is now in jail on “serious” sedition charges. One is not sure if he would be killed in jail in some fake encounter for his firm Islamic faith in Hindutva India. Hopefully he would be released soon after the judgment.

In view of the breathtaking judgment of the Supreme Court on sedition, the federal and state governments should initiate actions if anybody either in the government or media or anybody else MP or MLA, threatens the critics with sedition charges.

India should have zero tolerance to violations of basic human rights.

The Hindutva forces should sop injecting venom into national consciousness by spreading false propagandas just for votes in the forth coming polls.

Polls come and go but unity of India and accommodation of thoughts of minorities should be taken care of by the state.

If the Hindutva forces continue to create divisions in India along communal lines, it is better if the Supreme Court, if it cannot streamline Indian politics making it non-communal as India is a great nation of several religions, languages and nationalities and cultures, could consider canceling elections for the next 10 years and ban hate communal speeches form the public platforms and in meetings. 

Communal hate politics, just like fake entertainers enjoying Padma awards – meant for sincere people of meritorious, selfless services to the nation, as their birth right, has ruined Indian prestige greatly.

Majority fanaticism is ill conceived by the regime but the phenomenon is looked down upon by the world community

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South Asia

Is PTM Genuine to its Cause?

Syed Nasir Hassan

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Pashtun Tahafuz Movement (PTM) v/s Sate is a fiery tale which none can anticipate how it will end. Sparked from the extra judicial murder of model aspirant Naqeeb Ulllah Mahsud on January 13, 2018, the movement continue to get a constant hype on the political spectrum of Pakistan. Initially named Mahsud Tahafuz Movement turned into Pashtun Tahafuz Movement when the case was put forward to the court and Rao Anwar was arrested. However, things got transformed as PTM started taking a constant nudge with the state. From the protest in front of press club in Islamabad, in 2018 to different rallies across country things shifted vigorously. PTM’s defiance is mainly pointed at criticizing the military institution and falsely blaming the institution for their plight. But the question rises that is PTM another mainstream political movement subjected for the elites rather than addressing the actual issue? And are they trying to internationally politicize the issue in order to demoralize the efforts of Pakistan?

On April 29, 2019, DG ISPR Maj Gen. Asif Ghafoor, military spokesperson, addressed PTM leadership and apprised them that the time has come when legal actions is mandatory to be taken against them. He further claimed that the financial records makes the existence of PTM skeptical as they are directly being funded by the foreign factions from neighboring countries  for their protests and rallies.  He was also of the view that PTM is being used by the foreign factions to instigate instability when Pakistan has achieved relative peace. However, the fact should not be neglected that the Government of Pakistan and military establishment acknowledges the demands put forward by the leadership of Pashtun Tahafuz Movement. At various points both, government and military, tried to engage with them in a collaborative manner. Recently on April 16, 2019, Senate Special Committee met the PTM leadership along with the MNA Mohsin Dawar. Even before, when the movement was in its early phase military was the first one to engage with them. When a request was put forward by the PTM leaders to meet military in order to express their grievances, it was agreed. Meeting was held between PTM delegation of 15 members and DG, ISPR Maj Gen Asif Ghafoor on Feb 08, 2018, in which apart from primary demand of justice for Naqeeb Mahsud there were other 4 demands. The military showed consensus on all of them. But the duality of the PTM should not be unremembered as on one side it engages with the government and the military but at the same time the constant barraging on the state and its institutes continues through social media. Things got more complicated as the tone of PTM got discordant day by day. The relentless spewing of hate and impudent comments against the state and its institution clearly show as on whose side PTM is. Movement is kind of drifting away from the true cause when the anti-state and separatist slogans and hymns are openly vocalized in the rallies and are now directed to demoralize the standards of army rather than demanding the rights.

With constant efforts from both government and military the PTM appears reluctant to develop a consensus. Keeping this whole saga in mind One might consider that either PTM leaders are not well negotiator or they don’t want to negotiate and the picture is much larger then it seems.

In 2018, a commission was also formed to facilitate PTM which included high ranks from the military and reputable civilians. State was persistence in facilitating the PTM grievances. DG ISPR also highlighted in his briefing that in order to remove landmines, a team was formed and is currently putting every effort at their disposal. The team had cleared 45 percent of the area and in pursuit of the task 101 Jawans had lost their lives. State constantly acknowledges the demands of PTM but PTM and its virtual diaspora have failed to acknowledge the efforts made by the state.

Pashtun makes up to 15% of the total population of Pakistan. What will happen if this number of population, a province indeed is brought in confrontation with the state? It will be enough to vandalize the socioeconomic fabric of Pakistan. Pashtuns of Pakistan have always been delicate segment of Pakistan as they were in the crossfire between Pakistan’s efforts against eradicating terrorism. It makes them soft target and vulnerable to be used by animosities against Pakistan. The point to ponder is that despite the efforts, and acknowledgement of their grievances by the state why this matter is getting more intense whereas the fact should not be forgotten that both parties are on same line in terms of addressing the problem. The only way this can be resolved is when the PTM stop being patsy against Pakistan and show real concern to give solace to the Pashtun community rather than exploiting their grievances

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RSS: Grim Reality under the Secular Veil of India

Syed Nasir Hassan

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Religious extremism is not something novel to mankind. Between 132-136 CE, Romans faced the confrontation with the Jews. A Jew extremist, Simon Bar Kokhba, led the revolt against Romans known as Kokhba Revolution. He succeeded in establishing a Jew state which lasted for just three years, ultimately falling again in to Roman hands.

Under constitutional veil almost every other nation has some sort of religious or ethno extremist factions in their ranks with mass support. India too, which claims to be a true secular model in the subcontinent has their own version of extremist militia and what is worth worrying is that it is well organized and well structured.

RSS or Rashtriya Swayamsevak Sangh is an extremist Hindu vigilante militia which is being nurtured by many political hands. It came into existence in 1925 by Keshav Baliram Hedgewar – a Hindu nationalist. Initially it was established to retaliate against the British raj and Muslims and unite Hindus to devise a Hindu Rashtra (Hindu nation) but in post-independence scenario it became a blot on the secular veil of India. Indian Constitution makes it a secular country but RSS finds it against the norms of Hindustan. It is not the RSS which shifted its discourse but it was India which became a secular state by constitution. Even before the inception of RSS various Hindu nationalist emphasized on the existence of solely Hindu nation. Vinayak Damodar Savarkar,the founder of Hindu nationalist ideology Hindutva (an ideology which aims to form hegemony of Hindus) stated that there is a dire need of a solely Hindu nation.

RSS was banned three times in its post-independence continuity. First it was banned in 1948 after the assassination of Mahatma Gandhi by a Hindu nationalist. The interesting fact is the man named Nathuram Godse, who murdered Gandhi, was not an active RSS member at that time but was once. In 1975 RSS came into scrutiny again when Indra Gandhi banned extremist organizations and imposed emergency across the country, and then in 1992 when dispute over Babri masjid erupted and it got demolished.

But what is making the organization function with full momentum? The organization has a fully functional website where one can recruit itself in the organization. Its proper hierarchical order makes it worth worrying as there is a National leader and then there are Regional leaders to oversee the local dealings. It also conducts daily quasi military exercises in parks and open spaces. On many occasions, the members of RSS were involved in the lynching of Muslims and lower casts Hindus. RSS’s Cow protection squad was constantly involved in various incidents during Modi’s reign.

Indian Prime minister, Narendra Modi, during an interview revealed that the personality and the discipline he has, RSS played a major role in shaping it. He also said that he became part of the organization at very young age. RSS also played major role in the putting the throne of Delhi under the Modi’s feet and is again playing a major role in running his election campaign for upcoming elections.

The institutionalized structure of the RSS makes it unique as it has a Cow protection squad, women wing, Labor union and a farmer union to outreach mass population. On its website, they claim that they have more than 50,000 shakhas, a Hindi word for branches, in villages and different cities across the country. Utar-pardesh, a city with largest population in India and major electoral club in the lower house; it is reported that there are 8000 shakahs only in UP which are there obviously to influence the elections and win majority in the house.

Embedded hate against Muslims and other minorities is not something new, in fact, it is in the core beliefs of the organization. M.S Golwalkar, the second Sarsanghchalak (head of RSS) wrote a book named Bunch of Thoughts which comprised of the lectures he had given to shakhas over the country. In his book he wrote that internal elements pose far greater threat to national security than outside aggressor. Golwalkar than identified three major “Internal Threats: i) Muslims; ii) Christians; iii) Communists. Not just this, in an article published in THE HINDU on November 26,2006 it was revealed that the murder of Mahatma Gandhi was somehow celebrated by the RSS. Moreover, giving reference to the secret documents which he had seen the writer divulged that Golwalker had called a meeting on December 6, 1947, where RSS workers of Govardhan, a town not very far from Delhi. As per the police report regarding the meeting, assassination of the leading persons of the Congress was discussed to create terror and panic among the public and to get hold over them. Just after two days. Golwalkar again addressed several thousand RSS volunteers at the Rohtak Road Camp, Delhi. The police reporter notified that the RSS leader had clearly said that Sangh would not rest content until it finishes Pakistan and if anyone was a hindrance in their way they would not spare them either whether it was Nehru’s regime or any other.

Having such militant Hindu organizations flexibly working without any state censorship and proliferating into Indian society is a threat to Indian secular dream. Aimed at making India a purely Hindu state such far-right groups in subcontinent will make exclusive societies rather than inclusive. Intra-state tensions will continue to mount. Which will create the so-called nonpolitical groups like RSS propagating into the Indian society through political interference and can make India’s future bleak. With such intra-state terror groups Indian vision for secular and inclusive India will remain a chimera.

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IMF bailout package and public opinion

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The 22nd bailout package for Pakistan at its final stages. There exists a mix of public opinion on this package, some are in favor and some differ. Both lobbies have own reasons and strong justifications, which makes a common man even more confused.

PM Imran Khan was criticizing previous governments for seeking IMF bailout packages in the past and expressed that he will not go to IMF, and may prefer suicide over begging. In the early few months of his Government, he was hesitant to go to the IMF and tried his best to seek help from friendly countries alternatively. Some of the friendly countries extended helping hands too, which includes Saudi Arabia, UAE, and China.

But the economic situation was so serious and dangerous that the country was at the edge of collapse or default. Still some of his advisors of the opinion that there exist other options instead of going to IMF. The deal under consideration is US Dollars 6 billion over a period of 39 months. It means less than 2 billion a year, which it really too little. If we control our imports of luxury items and un-necessary item, we may reduce our import bill by US Dollars 5 Billion easily. Or with a little bite of our efforts, we may be able to increase our exports by US Dollars 5 Billion easily. Some experts are thinking only for US Dollars 2 billion a year, we should not accept the harsh terms and conditions of IMF.

In the 7 decades history of Pakistan, 21 prgrammes of IMF were not good enough to make Pakistan a sustainable economy. Why one should expect, this 22nd will do something good. During the previous 21 programmes, Pakistan was a very close non-NATO ally of USA. Pakistan was on the right side of the US, a partner in Cold War Era, Front Line State in War on Terror. Politically, Pakistan was one of the favorite nations of the US and secured all possible support.  But today the situation may be rather different, as, after the Abbottabad Incident and Salala Incident in 2011, Western World has almost written-off Pakistan. USA has signed Major Defense Partner (MDP) agreement with India. The USA has created the Indo-Pacific Alliance with India, Japan, and Australia, to counter China, where Pakistan is engaged with China under BRI/ CPEC.

Against the tradition, people of Pakistan have voted Imran Khan, who so ever was given ticket of PTI, the public has voted him or her blindly in good faith & trust to Imran Khan. A few of his candidates might not be having very high capabilities or very good reputation, but, the public has trusted Imran Khan blindly. Imran Khan is the third most popular leader in Pakistan, after Jinnah the father of nation, and Zulfiqar Ali Bhutto, the Former Prime Minister of Pakistan in 1970s.

Unfortunately, he failed to form his own team and was depending on a team lobbying for IMF, World Bank or Western World. They have encircled him and kept on lobbying for their agenda. They finally pushed him to a stage, where he agreed to accept IMF. Close to him, sources think, he was never convinced but was made to accept. We are afraid, if this lobby can isolate him from nationalists and patriots, may succeed in the implementation of their agenda.

PM Imran Khan, is honest, hardworking and people loving leader. He loves Pakistan and common citizens of Pakistan. He really wanted to bring a change in the Society, where common man’s welfare is a top agenda. He is sincere with the nation and wanted to establish a total comprehensive welfare state. Unfortunately, he was lobbied wrongly and opted for IMF.

People of Pakistan have blindly trusted in Imran Khan and possess very high expectations from him. I know, Imran Khan understands it very well. He is an honest, brave and visionary leader and I believe he will not disappoint his voters.

Hope PM Imran Khan may educate people of Pakistan about the details of the IMF package and try to convince the masses. The welfare of common man and all other promises made with the nation before elections may be explained to masses, this is required urgently before he loses credibility and popularity among the masses.

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