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4<br />

...<br />

Kanhaiya Windfall<br />

for CPI, the<br />

Left or India?<br />

Saeed Naqvi<br />

Kanhaiya Kumar’s genius as a public speaker<br />

is self evident from his first speech in JNU<br />

on February 11 and the one he made on the<br />

campus after returning from Tihar Jail on March<br />

3. The CPI feels it has a legitimate right to hitch its<br />

wagon to this new star.<br />

The JNU affair has infact opened up many<br />

possibilities. Some of these possibilities may be<br />

imaginary. The Communist Party of India, the original one, suddenly<br />

has stars in its eyes. It hopes Kanhaiya Kumar will boost it to its<br />

original glory, before the party split in 1964. The CPI became its rump.<br />

CPM became the senior party which proceeded to rule West Bengal<br />

and Tripura for over three decades without a break. Intermittently,<br />

in Kerala too.<br />

Kanhaiya contested, and won the JNU Union President’s election<br />

as CPI youth wing All India Student’s Federation (AISF) candidate.<br />

Naturally the parent party, otherwise limp and wan, finds its morale<br />

boosted.<br />

Visit Ajoy Bhawan, its headquarters, and there is a comradely<br />

swagger in everyone’s walk. Overnight, they are feeling superior to<br />

their cousins, the CPM, who have otherwise dwarfed them all these<br />

years but who alas, have no SFI (CPM’s youth wing) star on the JNU<br />

firmament. Kanhaiya’s persona has brought about CPM’s unexpected<br />

status reversal vis-a-vis the CPI.<br />

Even in their abysmal decline, the CPM atleast has nine members<br />

in Lok Sabha; CPI has only one. How then has a windfall like Kanhaiya<br />

come CPI’s way? According to Hindu belief, the party must have done<br />

some good in its past life.<br />

Ironically, Kanhaiya is not a creature of Ajoy Bhawan. He got<br />

his Marxism from his parentage. Begusarai in Bihar, where his<br />

family live was called “Little Moscow”. Senior communist leaders<br />

Chandrashekhar Singh and Indradip Sinha were legends in the<br />

region.<br />

Infact, when the Indian communist movement split nationally, the<br />

Bihar unit remained intact. Under its Secretary General, Jagannath<br />

Sarkar, the CPI was so powerful that its alliance with Indira Gandhi<br />

in New Delhi made Jayaprakash Narayan initiate his movement in<br />

Bihar.<br />

The leftist culture from which Kanhaiya comes, is not necessarily<br />

linked to the CPI in the rigid doctrinaire sense. He came up on the<br />

strength of his leadership skills and oratory and won the union<br />

election without the support of any CPI infrastructure, which is non<br />

existent in the campus.<br />

He was able to forge a wide coalition which included Omar Khaled,<br />

Anirban Bhattacharya and others recently charged with sedition.<br />

Kanhaiya, Omar and Anirban are all comfortable under a broad<br />

left umbrella. But if the parent bodies – CPI and Marxists-Leninists<br />

begin to claim them as their respective wards, there will be difficulties.<br />

CPI and CPM do not dispute the Afzal Guru hanging, but the<br />

CPML does. There is a whole lot of confusion as to who shouted which<br />

slogans at the function to observe Guru’s hanging on February 9.<br />

Bollywood should consider a Roshomon II, where the truth remains<br />

tantalizingly elusive.<br />

It was just as well that Kanhaiya’s release was celebrated<br />

nationwide thanks to the change of heart of some TV channels. But<br />

this is only a release on bail for six months. Moreover, bail has been<br />

granted as a kind of largesse handed out by the High Court to somebody<br />

whose guilt is presumed. The JNU faculty has been advised to keep<br />

the students on the straight and narrow, something, presumably they<br />

were not doing so far. This is the tone of the judgment.<br />

The CPI would like Kanhaiya’s focus to be on the campuses the<br />

ABVP is trying to unsettle. “If we bring in the S.A.R. Geelani’s arrest,<br />

the focus will get diverted to Kashmir and other issue” says a senior<br />

CPI leader.<br />

The CPML, which has traction on the campus, has a different take<br />

on Kashmir, Afzal Guru and therefore on Geelani. In any case the<br />

parent party’s hold on Omar and Anirban is, at best, tenuous because<br />

the two have had serious difference with the leadership.<br />

At this moment Omar and Anirban have no formal affiliation with<br />

a national party. Who then is fighting for their bail. Senior lawyers<br />

like Kapil Sibal, Rajeev Dhawan and Indira Jaising got involved in<br />

the Kanhaiya matter because that is where the BJP lawyers diverted<br />

the focus by their undisguised hooliganism in court.<br />

This leaves, Omar and Anirban without real political godfathers.<br />

Bright young lawyers, holding the brief for these two, are waiting<br />

for the police to frame charges. But the two are in danger of being<br />

forgotten during the fortnight in judicial custody because the media is<br />

capricious and has its mood swings conditioned by ratings.<br />

The only one who can help them remain in focus is Kanhaiya. He<br />

knows that without his cohorts he too will lose steam.<br />

The general assumption is that the RSS is driving the “nationalism”<br />

debate. It is a difficult debate to negotiate in a sound byte format. On<br />

the other side of this polarised turf, Left, Dalit and Muslim convergence<br />

cannot give comfort to the Hindutva establishment.<br />

The left is propagating the line that the Gujarat police model has<br />

been replicated in Delhi. This strengthens the AAP line that the police<br />

takes dictation from the Union government and does not allow it to<br />

function. The Left and AAP have not necessarily been on the same<br />

page so far. Is this another novelty emerging?<br />

Editorial<br />

narratives and discourses<br />

First of all, I want to introduce myself. I am<br />

an ordinary citizen of India who works hard<br />

to earn his salary and gives part of that<br />

salary as #tax so that students like you whose<br />

family income is about Rs 3,000 per month can get<br />

education for Rs 250 in an institution like Jawahar<br />

Lal Nehru University (JNU). Since, I am paying for<br />

your education from my hard earned money, so,I<br />

have every right to ask you few questions.<br />

1. You belong to a family whose income as per<br />

your statement is about Rs 3,000 per month and I<br />

am happy that you got benefit of availing facility<br />

of prestigious institution like JNU. I would have<br />

expected that you should work hardest of all in your<br />

studies and bring laurels to your family so that you<br />

add up to the family income from meagre amount<br />

of Rs 3,000 to Rs 3 Lakhs per month by pursuing<br />

career in field of your choice. But I am afraid you<br />

hardly did so.<br />

2. I don’t want to say that you have no right<br />

to participate in student politics and following<br />

ideology of your choice. But study should have been<br />

definitely your first priority.<br />

But anyways, you became president of Jawahar<br />

Lal Nehru University Students Union after<br />

successfully contesting the elections. I have no<br />

problems with that.<br />

As leader of students, you have every right to<br />

highlight their problems and work for their welfare.<br />

But my problem starts when you started crossing<br />

your #LaxmanRekha.<br />

You must be aware of the fact that Indian<br />

Parliament, the symbol of Indian democracy was<br />

attacked by Pakistan backed terrorists on December<br />

13, 2001 in which our brave security men sacrificed<br />

their precious lives and our elected representatives<br />

had narrow escape.<br />

On investigation of this attack, Afzal Guru<br />

hailing from Jammu and Kashmir was found to<br />

be key person responsible for this attack who was<br />

arrested, tried under court of law, was found guilty<br />

and after rejection of multiple mercy petitions was<br />

hanged by the then UPA Government.<br />

On February 9,2016, you were one of the<br />

organisers of an event in the campus of JNU in<br />

which the Death Anniversary of this terrorist Afzal<br />

Guru was being celebrated and Pro Azadi Salogns<br />

were chanted in that event. You yourself chanted<br />

those salogns is under investigation and truth will<br />

come out but since you were one of the organisers of<br />

that Antinational event, you can’t absolve yourself<br />

from the responsibility of that event.<br />

Mr Kanhaiya Kumar, I am not spending my hard<br />

earned money to enable you to participate in these<br />

Antinational Activities but only for your education<br />

so that you can support your family whose monthly<br />

income is Rs 3,000.<br />

This action of yours proves that my hard earned<br />

money is being wasted on wrong persons like you<br />

who are preferring politics over academics.<br />

3. After uproar on this Antinational Event, you<br />

were arrested under charges of Sedition and matter<br />

is subjudice, I don’t want to comment on that.<br />

Today, you were released from Tihar jail on interim<br />

conditional bail for six months and still you are not<br />

acquitted.<br />

After being released from the jail, I have<br />

every right to object to your irresponsible<br />

behaviour since I am sponsoring your education,<br />

that I want to tell you without mincing my words.<br />

4. In your speech televised live by news channels<br />

of India non stop for 50 minutes in their Prime time<br />

, you alleged that you have no freedom or Azadi in<br />

this country.<br />

What more freedom do you want than the fact<br />

that a speech full of disrespect for the democratically<br />

Tax Paying Indian Citizen’s<br />

elected government of India in which I was one of<br />

the voters and mocking Prime minister of India with<br />

derogatory words was televised live and unedited in<br />

the entire country.<br />

By the way, who gave you right to use this<br />

language for duly elected government? You were<br />

not abusing government or its leader but you were<br />

abusing democracy and constitution of India.<br />

5. Mr Kanhaiya Kumar, do you understand the<br />

meaning of mandate of 2014 elections? After a gap<br />

of 30 years, people of India gave ruling party 282<br />

MPs and last time it happened in 1984 when you<br />

were not even born in this world.<br />

You say that 69% people voted against this<br />

government.. You want to say that present<br />

Government and present PM won because of<br />

rigging.. By saying so, you are questioning the basic<br />

democracy of this country that empowers common<br />

man like me and you. In multi party democracy,<br />

party getting more seats wins and it’s not necessary<br />

that Vote share of winning party is more than<br />

50%. By saying so, you are insulting whole of<br />

India including those who voted for the present<br />

Government and its leader. Since you hate the PM<br />

of this country because of your political affiliation<br />

to o ideology opposite to that of ruling party, you<br />

are questioning the whole democratic process of<br />

elections in India. Shame on you.<br />

You are threatening to throw this government<br />

out from its roots because it doesn’t suit your<br />

political ideology, how dare you threaten duly<br />

elected government with full majority.<br />

6. In your speech, you said that you want freedom<br />

not from India but from within India.<br />

You want freedom from #Corruption<br />

Mr Kanhaiya Kumar, have you heard any<br />

whisper of Corruption or Scam in India after May<br />

26,2014 when Mr Narendra Modi took the oath of<br />

Prime Minister of this country. And still you want<br />

to throw out this government..... Why?<br />

Where were you sleeping prior to 2014 when 2G<br />

Scams, Commonwealth Scams, Coal Scams were<br />

going on under previous government.Then you<br />

never raised the Salogn of freedom of Corruption.<br />

Had you got tongue tie then?<br />

7. Rest of freedoms you are talking about like<br />

freedom from casteism, manuvad etc etc have been<br />

going on since centuries and have not cropped up<br />

suddenly after 26 May, 2014. So,why do you want to<br />

throw out the present Government. Will throwing<br />

out this government remove all evils from India and<br />

give you freedom from everything in India you are<br />

demanding?<br />

8.Mr Kanhaiya Kumar, you think that by<br />

mocking democratically elected PM of this country,<br />

you will become hero overnight. A person who works<br />

tirelessly for this country 18 to 20 hours a day, faces<br />

all types of abuses but still doesn’t care about them<br />

09 Mar to 15 Mar 2016<br />

open letter to Kanhaiya Kumar<br />

<br />

By Parmod Kumar<br />

New Delhi, March 3 (IANS) The Delhi High<br />

Court’s remarks on nationalism and love<br />

for the nation while granting bail to JNU<br />

student leader Kanhaiya Kumar were denounced<br />

on Thursday by senior legal experts.<br />

Judge Pratibha Rani’s observations are a part<br />

of a judicial trend which needs to be curbed right<br />

away, leading advocates said, with one dubbing<br />

them “totally uncalled for, unwarranted and<br />

unfortunate”.<br />

Senior lawyers said the judge appeared to be<br />

broadly espousing the official line on the events<br />

at the Jawaharlal Nehru University (JNU) where<br />

Kanhaiya Kumar was arrested on February 12 on<br />

charges of sedition.<br />

He was accused of raising anti-India slogans<br />

at a meeting organised to mark the execution of<br />

parliament attack convict Afzal Guru, a militant<br />

from Jammu and Kashmir. Kanhaiya Kumar has<br />

repeatedly denied the charge.<br />

The high court judge, while granting six-month<br />

interim bail to Kanhaiya Kumar, reminded him<br />

about his fundamental duties, love for the country,<br />

nationalism and the sacrifices soldiers were making<br />

and the demoralising affect that anti-India slogans<br />

had on the families of martyrs.<br />

Pointing out that the observations had been<br />

lapped up by government circles and rightwing<br />

groups, activist-lawyer Prashant Bhushan told<br />

IANS: “It is a political rather than a legal judgment.<br />

“The judge has no business to expound on<br />

nationalism or anti-nationalism which is not an<br />

offence under the law.”<br />

He added: “Nationalism is not defined anywhere<br />

and is not a ground on which freedom of speech can<br />

be restricted.<br />

“By expounding on this issue, the judge seems<br />

to have played into the hands of those who are<br />

using this as a political weapon to drum up fascist<br />

hysteria in this country.”<br />

Echoing Bhushan’s sentiments, Supreme Court<br />

Bar Association president and senior counsel<br />

because he loves this country more than anything<br />

else, Mr Kanhaiya Kumar, do you think you are<br />

#worth mocking him?<br />

You are a student who is getting subsidised<br />

education on my money has got no right to mock<br />

duly elected PM of India who is not just leader of<br />

India but today he is a world leader. No one has<br />

given you this right Mr Kanhaiya Kumar.<br />

9.Mr Kanhaiya Kumar, you must be aware of<br />

this proverb “Ghar ki Murgi Dal Brabar”. You have<br />

got enough freedom in this country. Infact you have<br />

got too much freedom that you are not able to digest.<br />

If you want to know the value of freedom, just peep<br />

into neighbouring country Pakistan where you<br />

will find Malala Yusuf who was brutally attacked<br />

by terrorists because she advocated right to get<br />

education and later she was awarded with Nobel<br />

peace prize along With Mr Kailash Satyarthi. She<br />

will tell you value of freedom. And in a country<br />

where a student with monthly family income of Rs<br />

3000 is a scholar in renowned university, you are<br />

questioning freedom in that country, shame on you.<br />

10. Mr Kanhaiya Kumar, you must be aware<br />

of the fact that our country under the present<br />

Government has become fastest growing economy<br />

surpassing China but still you want to throw out<br />

this government. Why?<br />

A government, where Railway Minister responds<br />

to every single tweet with prompt action, but you<br />

want to throw this government out. Why?<br />

A government, whose external affairs Minister<br />

has saved every Indian in crisis abroad with her<br />

intervention, you want that government out of<br />

power. Why?<br />

A government, whose power Minister is working<br />

day and night to provide electrification in the whole<br />

country 24 hours a day, you want to dethrone that<br />

government. Why?<br />

A government, where network of national<br />

highways is spreading like storm, you don’t want to<br />

see that government in power. Why?<br />

Where farmer is getting insurance of crops so<br />

that he doesn’t need to commit suicide, you don’t<br />

want to see that government continuing in power.<br />

Why?<br />

Government whose thrust is on E-governence so<br />

that no scope of Corruption by middlemen is left,<br />

you want that government to go. Why?<br />

Mr Kanhaiya Kumar, you need to answer<br />

this. Why do you want to destabilise the majority<br />

government in this country?<br />

Are you not puppet in the hands of those forces<br />

who hate the Prime Minister of the country?<br />

Why are you hell bent upon vitiating atmosphere<br />

in this country that wants to become next<br />

superpower? Mr Kanhaiya Kumar, I spent my hard<br />

earned money for your education only and not for<br />

enabling you to play dirty politics in my country.<br />

There is saying that “Ek gandi machhli poore<br />

talaab ko ganda kar deti hai”...Don’t become that<br />

“Gandi Machhli” and don’t try to misguide youths<br />

of my nation.I spent my money on you to make you<br />

scholar and not politician.<br />

Mr Kanhaiya Kumar, please mend your ways<br />

otherwise I will request government to stop wasting<br />

my money on institutions like JNU. If this happens,<br />

only people like you will be responsible for that.<br />

In that case, students from poor and downtrodden<br />

families will be the worst sufferers.<br />

Mr Kanhaiya Kumar, you may get party ticket<br />

tomorrow from any party to contest elections But<br />

please don’t spoil career of other deserving students.<br />

May God grant enough wisdom to you in time<br />

to come.<br />

Yours<br />

Ordinary Indian Tax Payer<br />

‘Judges must confine to law, not venture into politics’<br />

Dushyant Dave described the observations as<br />

“totally uncalled for, unwarranted and unfortunate”.<br />

He added: “Judges must stay away from political<br />

debate.”<br />

Saying Kanhaiya Kumar deserved unconditional<br />

bail, Dave said: “Nationalism is not a part of judges’<br />

function to write about. They must confine to law<br />

and not emotive issues.”<br />

Former Delhi High Court judge Rupinder Singh<br />

Sodhi said that making loose observations was an<br />

unfortunate trend that the judiciary was adopting.<br />

“I think this trend has to stop now and immediately.”<br />

Justice Sodhi, also a senior lawyer in the<br />

Supreme Court, says granting interim bail had no<br />

legal precedent.<br />

“All bails are interim in nature and can be<br />

cancelled at any time. Ordinarily, an interim bail is<br />

granted to fulfil an extreme social obligation which<br />

the court can always accommodate. As a rule, bail<br />

can either be granted or dismissed.”<br />

Another leading lawyer who did not wish to be<br />

identified by name said that while attempting to<br />

define nationalism in a pluralistic society, the judge<br />

seemed to have overstepped her judicial limits.<br />

“Her observations are symptomatic of all that<br />

ails Indian judiciary and deserve to be expunged.”<br />

(Parmod Kumar can be contacted at saneel2010@<br />

gmail.com)

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