16-01-2021 The Asian Independent

12 16-01-2021 to 31-01-2021 NEWS
www.theasianindependent.co.uk
Defending Human Rights is not terrorism!
At an online event titled I
cannot be framed 110 human
rights organisations, including
Peoples Union of Civil
Liberties (PUCL) and Citizens
for Justice and Peace(CJP),
came together to stand in solidarity
with Father Stan Swamy
and 15 other accused in the
Bhima Koregaon case. They
came together to mark the hundred
days of Father Stan
Swamy’s incarceration and hail
the efforts and struggle of all
Human Rights Defenders.
The demands of the programme
were to:
Release Father Stan Swamy
and the 15 others arrested and
falsely accused in the Bhima
Koregaon case immediately
Arrest the real perpetrators
of the violence that took place
on January 1, 2018
Repeal the Unlawful
Activities (Prevention) Act
The event was moderated by
Professor Apoorvaanad, who
has fearlessly written on the
issues of Indian democracy and
rising communalism. It started
with a spirited performance by
members of India’s indigenous
communities playing a variety
of drums and other traditional
instruments. This was followed
by activist and world-renowned
classical dancer Mallika
Sarabhai’s dance recital based
on Maya Angelou’s poem, Still,
I rise.
Xavier Dias, an activist,
humanitarian, and writer, who
has worked closely with Father
Stan in Chaibasa district said
that Father Stan’s detention is
unfortunate but it gives every
individual hope to prepare to
pay the same price. He compelled
all the participants and
listeners to rise and fight
against the brutal affairs of the
State.
Henri Tiphagne one of the
key activists in India advocating
with the United Nations and
other International Human
Rights Agencies introduced
Mary Lawlor, who took up the
mandate of Special Rapport on
the situation of the defenders
on May 1, 2020 and is also the
founder of Frontline Defenders.
Lawlor said, “India is a state
which doesn’t properly protect
human rights defenders. I am
appalled by the treatment of
human rights defenders such as
Father Stan Swamy who
embodies solidarity.” She also
cited UAPA as a draconian law
that designates individuals as
terrorists and fails to provide
legal certainty. She asserted,
“Defending human rights is not
terrorism.”
She added, “In November
2020, I sent a letter to Indian
government raising concerns
about arrest. Governments are
given a 60-day period during
which they are expected to
reply but I am still to receive a
response from the Indian
authorities.”
Elizabeth Soren, the Adivasi
leader of a group representing
domestic workers also
launched a sipper to honour the
jailed Jesuit priest. Badges calling
for the repeal of UAPA,
release of all political prisoners
was also launched during the
event provided by Citizens for
Justice and Peace through its
Secretary Ms. Teesta Setalvad.
Senior Counsel Mihir Desai,
a highly respected human
rights lawyer who is also
defending Fr. Stan Swamy in
the case in the Bombay High
Court and who also appears in
human rights cases before the
Supreme Court, gave a background
and current status of
Father Stan’s case before the
court, in addition to the Bhima
Koregaon case under which all
prominent lawyers, activists,
academicians and lawyers have
been apprehended. He showcased
how the frivolous
charges were not dropped
despite adequate hard evidence,
by comparing it to another case
where in a complete contradiction,
serious charges were
ignored despite witness testimonies
and records of meetings.
Advocate Desai said,
“This is a country where the
Zakia Jafri case was not
allowed to make much headway,
but the Bhima Koregaon
case is going strong.”
He explained how the narrative
of the police have changed
over the months from registering
cases against the right-wing
groups for inciting violence at
Elgar Parishad to now placing
the blame on the speeches
delivered by the undertrials that
were allegedly sponsored by
Allahabad HC stays arrest of
man for remarks against Yogi
Prayagraj (Uttar Pradesh)
.The Allahabad High Court has
stayed the arrest of a man who,
while taking part in a protest
against the alleged Hathras
gang-rape case, had reportedly
said that the 'Chief Minister of
UP is a man of thick skin'.
A division bench comprising
Justice Anjani Kumar Mishra
and Justice Shekhar Kumar
Yadav, while hearing a writ
petition filed by Neeraj Kishor
Mishra of Kasganj district,
directed the state government
to file its reply in four weeks
and directed to list this case
after six weeks.
The allegation made in the
first information report (FIR)
was that the man had made the
comment during the protests,
accusing the police of being
inactive. It is further alleged
that during the protest, the petitioner
had said that 'the Chief
Minister of UP is a man of thick
skin.'
The FIR further said that the
petitioner was a history-sheeter
and his arm licence had already
been cancelled.
The FIR was lodged against
the petitioner on December 11,
2020 under sections 153-B (2)
(imputations, assertions prejudicial
to national integration),
505 (2) (statements creating or
promoting enmity, hatred or illwill
between classes) of Indian
Penal Code (IPC) at the Patiyali
police station of Kasganj district.
During the court proceedings,
the counsel for the petitioner
submitted that in a democratic
country, agitation
against a ruling party is the
constitutional right of leaders
of opposition and, therefore,
agitation of the petitioner, on
the issue of rape of a girl of
'Balmiki Samaj' cannot be
termed as hatred or ill-will
between different religious
racial, hence, no offence under
Section 153 -B (2) and Section
505 (2) I.P.C. is made out.
While observing that 'the
matter requires consideration',
the court stayed the arrest of the
petitioner but made it clear that
it has not stayed the investigation,
hence it would go on.
Maoists. Advocate Desai said,
“One of the first cases was filed
against Milind Ekbote and
Sambhaji Bhide in the Bhima
Koregaon case. But suddenly
they changed the story and
blamed the speeches made at
Elgar Parishad instigated the
violence,” and pointed out,
“After the government changed
in Maharashtra, the case was
taken away from the state
police and given to the NIA.”
He ended on a positive note
stating that even though getting
bail under UAPA is difficult,
we must all be inspired from
the Farmers’ struggle and continue
to fight.
His speech was followed by
the performance of the vibrant
Bagaicha Cultural Group that
sang for Father, “Oh Stan baba
keeps struggling, keep fighting
for Adivasis, we too shall struggle”.
Father Swamy has been
instrumental in setting up this
group. Dayamani Barla, a fellow
comrade of Father Stan and
a well-known Adivasi activist
from Jharkhand who has been
at the forefront of several
movements on Adivasis for
their right to jal (water), jangal
(forest), zameen (land), said
that the 83-year-old priest has
inspired all Adivasis to fight for
their rights and raise their voices
against injustices. She also
fondly remembered how Father
Stan asked her to call him his
elder brother (dada) and not
Father.
Another courageous
women’s and Adivasi rights
activist, Aloka Kujur, who has
known Father Stan for 25 years
lauded his efforts and struggles.
“His spirit was akin to taking
forward the human values that
Birsa Munda fought for. He
took up the crucial issues of the
large number of Adivasi undertrials,
the deplorable conditions
in prisons in the state and
approached authorities and the
Court as well,” she said.
General Secretary of PUCL,
Chhattisgarh Shalini Gera and
lawyer Susan Abraham who’s
husband Vernon Fernandes has
been falsely accused in the case
and is in jail presently, talked
about all the accused in the
Bhima Koregaon case, providing
some background of how
all of them were arrested and
under what circumstances.
They include Anand
Teltumbde, Arun Ferriera,
Gautam Navlakha, Hanny
Babu, Rona Wilson, Shoma
Sen, Sudha Bharadwaj, Dr.
Varavara Rao, Sudhir Dhawale,
Surendra Gadling, Mahesh
Raut, Kabir Kala Manch artists
(Ramesh Gaichor, Sagar
Gorkhe and Jyoti Jagtap),
Vernon and Father Stan.
Kabir Kala Manch, a cultural
organisation that was formed
in Pune in the wake of the
Gujarat riots in 1992 also performed
a song saluting the
effort of all defenders. The
event drew to a close with
Virginius Xaxa and Sister
Dorothy Fernandes’ speech.
Virginius, a visiting Professor
at the Institute for Human
Development (IHD), New
Delhi and writer on themes of
tribal societies and politics said
that Father Stan is not against
the State and only desires to
fight for oppressed Adivasis in
India.
Sister Dorothy, who belongs
to the Congregation of the
Presentation Sister and is also
the Chairperson of the
Women’s Commission of the
Archdiocese of Patna recited,
“Well done my good and faithful
servant, I will put you in
charge of many things, come
and share your masters’ happiness”
for Father Stan as a message
from Jesus.
ED arrests 2 Chinese nationals
in money laundering case
New Delhi. The
Enforcement
Directorate (ED)
has arrested two
Chinese nationals in
connection with its
money laundering
probe that it registered
last year in
August, officials
said on Sunday.
An ED official related
to probe told
IANS, "ED arrested Luo
Sang aka Charlie Peng and
Carter Lee arrested on
Friday under Prevention of
Money Laundering Act
(PMLA)."
The official said that Peng and
Lee are accused of running a
huge hawala operation for
Chinese companies through
hundreds of shell companies.
The official said that they were
produced before a court on
Saturday and sent to ED custody
for 14 days.
The agency has
registered a case
of money laundering
against them
in August last year after the
Income Tax department had
carried out raids and claimed
Peng and other Chinese nationals
were running a huge hawala
operation.
They were also accused of running
an espionage racket. The
Delhi Police has also registered
a case against them.