No Bend in the River

“When you reach the end of your rope”, goes an old saying, “tie a knot in it and hang on.” For last three and half years, people of Malegaon have clung to the last knot in their ropes but there seems to be no bend in the river upon which there are hanging on. There is no bend in the river. The torrential flow of stream runs in the same direction with the same old pace. Occasionally, tiny bubbles of hope are followed by hopelessness. Bubbles emerge to disappear into oblivion. Bubbles of hope are like a mirage in a barren desert which keeps deceiving the desert travellers.

September 8, 2006 Malegaon blasts are a watershed in the history of Indian Muslims. It was for the very first time that Muslims were specifically targeted on a mass scale: 31 deaths and 300 injured. We could nothing practical to prevent the arrests that followed. We screamed. The democratic scream was loud enough to be heard at 10 Janpath. There was a sense of relief in public when the investigation was transferred to Central Bureau of Investigation (CBI) from ATS in December 2006. Frankly speaking, our sense of relief was based on a fallacy we failed to recognise. The ATS was allowed to file the chargesheet just a day before the case was transferred to CBI. The intent of State and Central government was hidden in this one single act. Congress-led State and Central governments connived to fool Indian Muslims but we failed to understand the judicial puzzle. There was no need for celebration but yet we celebrated transfer of the case. Politicians in Mumbai and Delhi must have laughed at this sheer madness. They must have felt happy that Indian Muslims had mortgaged their common sense in exchange of one single announcement.

There was only one Muslim, a former top cop, who warned against the mad movement for transfer of the case to CBI. His voice, like Maulana Azad, was subdued.

We should have taken a hard look at matters of judiciary but we were swayed by the so-called “victory.” There was no legal mind who could explain to us the judicial entrapment thrown by Central government with the active help of state government. By law, CBI could only file an investigative report in the form of a supplementary chargesheet because the matter was in a court of law. There was no single lawyer who could ask: Will CBI file a contrary chargesheet? Can a supplementary chargesheet be contrary to the original chargesheet? Is there any penal code which specifically states that a supplementary chargesheet fundamentally differs from the actual chargesheet?

CBI has finally done the expected: It has put the judicial stamp of approval on the investigation carried by the ATS. ATS took less than 120 days to file the chargesheet comprising of 3000 pages while CBI has taken at least 1200 days just to submit a supplementary chargesheet of merely 75 pages! Perhaps CBI should be renamed as CBS (Central Bureau of Sub-editing!) That brings to us to an interesting question: Which investigating agency is better as far as productivity and judicial delay are concerned? ATS was a far better agency than CBI. CBI sat quietly on the investigations for more than 3 years. Had the case not been transferred to CBI, the judiciary matter must have progressed.

The judicial battle started very late by Kul Jamati Tanzeem (KJT) is going to be a long one. It should be driven by mere judicial merit rather than any religious rhetoric. The focus of the judicial debate must focus on the innocence of all the accused rather than the blame-game on the investigating officers. Rajwardhan, the then Rural SP, may have been involved in pressurizing Abrar into wrongful confession but there is no actionable evidence against him. The same is true of the accusations made against Sadhvi and company.

Judgements are not based on individual conviction. It is based on the subject-matter and evidence laid down in a court of law. Therefore, unless KJT has actionable evidence against Rajwardhan and Sadhvi in 2006 blasts, it should keep quiet and focus on the innocence of the accused the ongoing judicial delay.

Hundreds of innocent Muslims have been framed by intelligence agencies in terror-related charges across the country. At least 20 Muslims have been acquitted in Hyderabad. This raises an important question: Cant intelligent agencies held accountable as suggested by Vice-President Hamid Ansari recently at an Intelligence seminar?

Justice and equality are our rights enshrined in Indian Constitution and we must strive hard to achieve them.

Sonia Gandhi’s Congress party has not done enough to give justice to Indian Muslims. An investigating agency like CBI may walk away without any accountability but political establishment has to bear the burden of wrongdoing.

The volcano of anger, of injustice is building up in Malegaon.

Can Sonia Gandhi step in to right the wrong?

Sunday Inquilab, March 7, 2010

Ruchika and Media Campaign

Commenting on the famous Mughal-e-Azam song ‘Jab raat hai aisi matwali phir subah ka aalam kya hoga’, M.J. Akbar once wrote,

“I have rarely come across a more startling and poignant metaphor for power.” Elaborating the metaphor he concluded, “Everyone in power is permitted the luxury of just one night, and no one ever believes that the night will come to an end. Deceivers promise a dawn filled with wine, when the truth is that dawn will bring a drug that will put the miracle to sleep. And you will wake up with nothing around you except loss; the mind swooning with the memory of what was, and the mouth bitter with the ash of what might have been.”

S.P. Singh Rathore, former DGP of Haryana and the accused in Ruchika Girhotra molestation case, belongs to Mughal-e-Azam generation and therefore it is safe to assume that he must have watched the epic film. Rathore was 19 when the film was released in 1960 and broke all the records. 30 years later, Rathore forgot the metaphor for power and molested 14-year old lawn tennis player Ruchika in 1990. For the next 19 years, Rathore was so blinded by power that he used all the available means to harass Ruchika’s family and to delay the verdict. It took more than 400 hearings with 40 adjournments to decide that Rathore was indeed guilty of ‘molestation’. (Guinness book of World Records must make a separate chapter on India: Judicial delay. Each year, it will find new records!)

Mainstream media has been totally consumed by Ruchika case. The media is running a campaign titled ‘Justice for Ruchika’. As the principles of journalism stand, it’s not for the media to crusade. The job of the media is just to report facts and not sensationalise it. Witch-hunt of S.P. Singh Rathore is not the job of media. Witch-hunt has never been part of good journalism. Witch-hunt is the duty of law-enforcement agencies and not journalists.

In the recent past, media has run successful campaigns for victims. One such name is Jesica Lall who was shot dead in 1999 by Manu Sharma, son of a Haryana Politician. Manu Sharma was acquitted by lower court in 2006. There was uproar in the media over his acquittal. A powerful media campaign ‘Justice for Jesica’ ensued. Finally Delhi High Court awarded Sharma life imprisonment based on the evidence.

One can argue for media campaign in favour of victims. But a close scrutiny of media’s behavioural pattern reveals it has vested interest in such campaigns. Such media campaigns have only been selective like ‘Justice for Ruchika’ and ‘Justice for Jesica’ although the list of such victims is long. Ishrat Jahan instantly comes to mind. Despite the different nature of the case, nobody can deny the fact that Ishrat Jahan was murdered in fake encounter. S.P. Tamang report, which has been stayed by High Court, has termed the entire operation as “planned” and cold-blooded murder.”

There was no media campaign for Ishrat Jahan. There was no slogan ‘Justice for Ishrat’.
Sohrabuddin Sheikh and Kausar Bi also deserved a media campaign for justice. Their extra-judicial killing is a much larger issue than Ruchika’s case. It’s a different matter that the accused D.G. Vanzara is behind the bars – thanks to Gujarat’s government’s “confession” in Supreme Court.

There was no media campaign for Sohrabuddin Sheikh and Kausar Bi . There was no slogan ‘Justice for Sohrabuddin and Kausar’.

Khawja Yunus case surpasses all limits. 7 years after his mysterious disappearance from police custody, trial is yet to be completed and all the 16 accused are free. There is no doubt that Khawja Yunus was murdered in police custody.

There was no media campaign for Khawja Yunus. There was no slogan ‘Justice for Khawja Yunus’.

Isn’t it strange that Narendra Modi-led BJP government is Gujarat has “confessed” to extra-judicial killings of Sohrabuddin Sheikh and Kausar Bi while the behaviour of Congress-led Maharashtra government in Khawja Yunus has been that of an old confused lady?

Strictly speaking, media should not crusade for any cause. And if it does so, there should not be any selective campaign as it has been argued. There should be no double standards. It is a fact that there was no media campaign when the victim happened to be a Muslim as discussed with three examples above.

The Rajput smile of S.P. Singh Rathore has infected the mainstream media. We hope that media will detoxify it before it becomes a disease! Rathore may have learnt to smile from Jawaharlal Nehru when one is in adversity but he would do well to remember this: Nehru did not smile when he lost China war; nor did he forget the power metaphor of Mughal-e-Azam.

Sunday Inquilab, January 17, 2009

A Judicial Ray of Hope

Shaikh Dastagir, a victim of September 8, 2006 Qabristan blasts

Ashwani Kumar, director of Central Bureau of Investigation, and his committed team of sleuths have suddenly discovered that power is not absolute in a secular democracy. Power comes with responsibility and subject to checks and balances by the short arm of legislators and by the long arm of judiciary. CBI sleuths were so confident of power that they went on to sleep for three long years before being woken up by a judicial bite. Isn’t it amazing that CBI took three years just to utter one sentence – which everybody in Malegaon knows – that accused of Malegaon 2006 blasts are innocent. Had it not been the deep and effective judicial bite of Justice J.N. Patel, CBI would have slept till eternity!

The response of judiciary was quick; Bombay High Court came out with its terse judgment in three months. There was no political response for three long years. Should one assume that the two arms of a democratic republic are in complete disharmony? Should one equate Manmohan Singh-led UPA with notorious CBI? Where PC Chidambaram’s golden-rule of democracy is which he very keen taught to Muslims at Deoband? Prime Minister Manmohan Singh, National Security Advisor and Home Minister must admonish CBI in two words: perform or perish.

Before being bitten by the judicial jaw, CBI had an opportunity to prove and reaffirm nationwide belief that it is indeed country’s most trusted and prestigious investigating agency. CBI had a golden chance to capitalize on the so-called “public outcry” which rose from Malegaon. It had a golden opportunity to score over ATS. But unfortunately it treaded the path of ATS which has a dead end. It followed the misleading footprints of a “communal” (that’s how SM Mushrif describes KP Raghuvanshi in his new book: Who Killed Karkare?) officer like KP Raghuvanshi. CBI inquiry may have been a ray of hope to some in Malegaon but it has proved to be eyewash.

The demand for CBI inquiry was not because of “public outcry” as the public prosecutor has claimed in the high court. It was a personal outcry borne with the desire to fill Muslim leadership vacuum. The lone voice filled the empty spaces in newspapers’ columns and each one of us accepted it as a gospel. It was S.M. Mushrif alone who publicly castigated and criticised this insane decision to demand a CBI inquiry on October 10, 2006 at KC College auditorium. CBI inquiry converted an easy puzzle into a complicated riddle.

The formation of Kul Jamati Tanzeem (KJT) did not help; it, in fact, made matters worse. KJT wanted to spearhead a democratic movement in order to release the accused but yet it forgot a golden-rule of democracy: to take help of secular activists. It aggressively portrayed itself as a Muslim organization which proved suicidal. It is precisely for this reason that KJT refused to cooperate and share its report with Teesta Setalvad and Justice Kolshe Patil. The inflated egos of its members must have further inflated when it submitted its so-called “report” to CBI. Is CBI a court of law? Was CBI legally bound to follow the report? Has KJT got any legal credentials that country’s premier investigating agency will follow its diktat?

CBI sleuths must have mocked at this blind and insane decision. The decision to handover the report was a collective mockery of people of Malegaon. KJT is guilty of connivance; it presented all the “evidence” to CBI the way a fresh bowl of soup is given to guests!

Centre and State government have been playing the role of hide and seek. Both are morally and politically responsible to pressurize the concerned agencies to speed up the pace of investigation. Home Minister PC Chidambaram need not become a judge to discover that justice is one of the foremost problems of Indian Muslims. He would do well to remember what American editor and reformer Frederick Douglass was fond of saying,

“I would unite with anybody to do right and with nobody to do wrong.”

Frederick once wrote:

“Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe.”

Judges have performed their duty. Politicians have not.

Sunday Inquilab, November 22, 2009

An Open Letter to KP Raghuvanshi

Dear Mr. Raghuvanshi,

Greetings!

Congratulations for accepting the post of new ATS chief. You have once again proved that you are a brave heart and indeed an iron man of Maharashtra police. You have agreed to become ATS chief at a time when our senior police officers are wary of taking up any post associated with terror! How can senior police officers decline the post of ATS chief citing ‘personal reasons’? Perhaps they have been “terrorized” by the fall of an equally noble officer, Hemant Karkare. The reluctance of law-keepers is an irony in itself. In this irony lies your bravery.

The good news must have lightened up your fortnight holiday. Why should it not? Tough cops like you deserve a standing ovation. What more, now your post has been elevated to the rank of additional director-general. We are in a state of double-bliss!

You must be happy and proud that you have regained an old post. You were the first occupant of the ATS office. With Karkare’s death, you have once again got an opportunity to occupy ATS office. Life has completed a full circle.

We are very happy that you have been credited for “successfully” investigating July 2006 train blasts in Mumbai and the subsequent cemetery blasts in Malegaon. We congratulate you for “cracking up” these two cases but we will not hold a felicitation for you. We would like to felicitate you in Malegaon only when it is proved in a court of law that all the accused in Malegaon case are the real culprits. We, like you, have faith in India’s judicial system despite its flaws.

We are happy that it was you who had spoken firmly on Nanded blasts of April 2006 in which a youth manufacturing a bomb died inside the house of the local Bajrang Dal and Vishwa Hindu Parishad activist. It was you who had conducted brain-mapping and narco-analysis test. It was you who had said openly that the same group of terrorists is responsible for the bomb blasts at the Parbhani mosque in April 2003 in which 25 persons were injured. It was you who had said that Nanded incident could have “frightening repercussions”. It was you who very frankly acknowledged that this was not an isolated incident but also part of an “organised pattern.” Unfortunately, the organised pattern was reflected on September 29, 2008 in the form of a bomb blast at Malegaon’s Bhiku Chowk. Your fears were true but alas each one of us could do nothing to stop it.

Hemant Karkare exposed the “organised pattern” in Malegaon. His greatness does not lay in the arrest of Sadhvi Pragya Singh Thakur but his ability to turn his “enemies” into “well-wishers” even after his death. It was his determination that brought out the Muslim community from the cocooned shelf of fear-psychosis.

Your appointment may once again draw flak from a section of Muslims in Maharashtra. We are aware that many Muslims have questioned your integrity. You have been accused of being “communal” and “biased.” It’s the time for you to turn the tables. You have a golden opportunity to prove your secular credentials. You must have heard of the famous English proverb: opportunity knocks but does not linger. You can still win over Muslims by your substantive acts rather than reassurances. We don’t hold the view that all police officers are communal, but there is no denying the fact that a minuscule minority is dirtying the pond of intelligence. It is your job to identify such dirty fishes and throw them away!

Some Muslims may raise the issue that you had invited Colonel Purohit and Major General Ramesh Uphadyay, both accused in 2008 Malegaon blast, for a lecture on intelligence for the ATS in 2003. We give you the benefit of doubt that you may not have been aware of their true intentions. All will be forgotten if your team can successfully prove them guilty in a court of law.
It was you who had rightly asked a question: Why are no questions being raised by fact-finding teams about the arms hauls in Malegaon and Aurangabad and the identity of the accused who have been arrested? This indeed is a right question. We will be very happy if you can seal the arms haul case with judicial seal. We would like to believe that it was a big haul but there is one question we would like to ask: What is the origin of such a big haul? Did it come across the border? Or did it originate in India itself? There are many questions which every sane Indian need to ponder over.

We wish you all the best and hope that your second inning will be more interesting and remarkable than the first. Each one of us, including your team, need to take a pledge to fight terrorism together because a bomb does not discriminate between a Hindu and a Muslim.

Hemant Karkare has left footprints in the sand. We hope you would follow in his footprints before it gets washed away in the tidal wave.

Yours humbly,

An ordinary citizen of India

Sunday Inquilab, June 14, 2009

Cricket and cocktail terrorism

Pakistan's cocktail terrorism: Can Pak look into the mirror?

Murray Walker, the renowned British sports commentator who had once said – you can cut the tension with a cricket stump – should be thinking to retract his verbatim. Murray had probably said this in a South Asian context knowing well that cricket, the white man’s British burden, can unburden South Asian tension especially between India and Pakistan. Till March 3, his statement was considered a witty and convincing idiom in the dictionary of cricket commentary. The Lahore terrorist attack on the Sri Lankan cricket team will change the language of cricket commentary forever.

The audacious broad daylight attack on Sri Lankan cricketers marks the beginning of cocktail terrorism in South Asia. The so-called ‘Jihad’ merged with modern day accessories popularised by Hollywood culture: sneakers, backpacks, big guns etc. The attack was the Pakistan’s Mumbai moment. The Mumbai syndrome has finally travelled to the place from where it had actually originated. The syndrome has spread like epidemic among a few home-grown bedbugs that have begun the task of eating up Pakistan; making it hollow from the inside.

Pakistan has suffered the fate of United States of America. It has been struck by the men with whom it had mushroomed and sympathised for years. The bad boys in the backyard have gone out of control. The parallel with United States is strikingly similar. The world’s lone superpower has a history of sympathising with ‘bad boys’ all across the world.

In 1970s and 80s, United States, armed and funded Muslim militants fighting against 1979 Russian invasion of Afghanistan; popularly known as Afghan Jihad. The American money and arms were directed and channalised through Saudi Arabia and Pakistan’s notorious intelligence agency ISI. Osama bin Laden is the American product of Afghan Jihad. The concept of jihad was legitimised and widely propagated as long as it suited America’s foreign policy. Afghan jihad was merely an extended exercise to contain America’s only rival: Russia. America’s love for mujahideen diminished the moment Russia withdrew from Afghanistan in 1989. The point worth-noting here is this: Muslims still call this war as jihad while in American lexicon this was merely a cold-war exercise!

America’s understanding of the word ‘jihad’ improved with the 9/11. The men who allegedly flew planes into World Trade Centre followed a tradition long supported by the America. This was the first time that Americans experienced the biting of the feeding hand. Pakistan is undergoing the same phase for quite sometime now.

Cricket is a unifying game; the antithesis of the word ‘Partition’, an Afro-Asian phenomenon. Pakistan was always famous for the two things: Cricket and hospitality. These two assets were some of the positive elements that bound Pakistan to the rest of the world. A single attack has eroded the credibility of both. Jinnah (the Qaud-e-Azam) would have wept over this; Asif Ali Zardari does not even have tears. Pakistan is not a failed state; it has been paralysed by its leaders. It neither became an ideal Islamic state nor a model secular nation. Isn’t it a classical paradox of the Indian subcontinent? Pakistan has always dangled between autocratic theocracy and corrupt democracy.

Pakistan was born on the basis of a divisive idea called Partition. Partition has been the fate of this Indian blood brother separated at birth. 1947 was merely the beginning whose end is not in sight. 1971 saw the second partition of Pakistan which resulted into the birth of a new nation called Bangladesh. Pakistan has witnessed many partitions after the creation of Bangladesh. The third quite partition took place in North West Frontier Post where tribalism is the order of the day. The fourth partition began among murmur and metamorphosed into an uproar when Pakistan entered into an agreement with Taliban in Swat valley. If the first four partitions were physical, the fifth partition is ideological in nature. It is taking place inside Pakistan; implemented by the men carrying Kalashnikovs on their shoulders.

The crisis of failed leadership has plagued Pakistan for years. Pakistanis are fed up of new promises of the old faces. Corrupt leaders have provided vacuum for not only fundamentalists but also Army Generals. General Pervez Musharraf was tolerated for 8 long years because patriotism comes easily to army uniforms. The current political dispensation is not led by pious men. Pakistan is the world’s only country headed by “two former convicts.” It was the crisis of failed leadership that forced Fatima Bhutto to remark that “Pakistan remains a rich and diverse country held hostage to a government chock full of ill-equipped and unqualified carpetbaggers.”

The Lahore attack will have far-reaching consequences notably in South Asia which is witnessing a stream of violence. A cursory glance on the map of South Asia will make one’s blood freeze. Sri Lanka is engaged in a dangerous war against LTTE; an organisation dubbed as “terrorist” by United States but yet long supported by India. Bangladesh has just awakened to the horrors of an army rebellion unparalleled in the history of South Asia. Nepal has been a victim of Maoist violence. India faces a real threat to its internal security from Naxals who control at least 140 Indian districts. Pakistan – which should have become a land of the pure – has become a nightmare for men of purity. It has become “an international migraine” to borrow Madeline Albright’s words.

The body of South Asian does not merely suffer from a minor injury. It suffers from the cancer of violence which threatens to paralyse the entire body. The US and UN – famous for administering injection of reform – have done very little to restore the confidence of people in South Asia.

Coming back to cricket, one question that has baffled security experts and analysts is this: why did terrorists choose Sri Lankan cricket team which took a bold initiative of touring Pakistan amidst grave threat? Sri Lankan cricket team had gone to Pakistan perhaps to prove that law and order still reign supreme in a feudal country. They have been permanently proved wrong by a bunch of ‘bad boys’.

So why did terrorists target a cricket team?

The answer is truly European. The terrorists were perhaps inspired by the 18th century Irish poet called Oscar Wilde who breathed his last in the year 1900. Oscar Wilde didn’t like the idea of playing cricket because of the “indecent” cricket postures. He had once said,

“I never play cricket. It requires one to assume such indecent postures.”

Both Oscar Wilde and the terrorists who fired at the Sri Lankan cricket team shared the same point of view. The former employed his wit to express it while the latter believed in the weapon.

Sunday Inquilab, March 8, 2009

26/11 and Urdu press

Muslims kids participate in an anti-terror rally
Contrary to the popular myth that the Urdu press is a monolithic entity, it represents a diverse range of issues, opinions, points and counter-points. The tragedy of 26/11 proved to be a litmus test. On a careful analysis, it becomes abundantly clear that Urdu press accommodated views that could not find space even in the mainstream media. It is altogether a different debate whether the issues raised were right or wrong. It is in the intrinsic nature of good journalism to accommodate all kinds of views.

Urdu newspapers were the first to denounce the terrorists that struck Mumbai on the fateful night of November 26. The very next day, most Urdu newspapers carried front-page editorials. Leading Mumbai daily Inquilab carried a small piece titled, 'Who are these beasts? Let's defeat them together'. And, 'Who are these smiling faces that have deserted Mumbai' was the title of a front-page piece in Urdu Times. Delhi-based weekly Jadeed Markaz had a simple and self-evident headline: 'Pakistani terrorists attack India'.

Some newspapers demanded accountability from the government and politicians while others were against the political bashing. Inquilab came down heavily on politicians especially over "the politics of dead bodies". "It is time," it said, "that people question the establishment as to why our security is so weak. Why are we so helpless against terrorists? What is our policy against terrorists?" It blasted politicians for wagging their tongues. "For God's sake, hold your tongue," it warned, "We are not desperate to hear your statements but rather we want some concrete action." Rashtriya Sahara too criticised politicians. "In this tough battle our brave soldiers sacrificed their lives but yet the behaviour of political class has shamed us that even in worst times, politicians can't unite."

Jadeed Markaz said that the trend to abuse the present system is very dangerous. "It is not a good omen for the country's democratic system," it cautioned. "This environment against the politicians," it said, "has been created by people belonging to big corporate houses, those who frequent night clubs and expensive hotels, those who call themselves as 'elite'… There was no Preity Zinta to light candles at Cama hospital and CST because those died there obviously did not belong to the elite club."

The peace march at the Gateway of India and later at CST was given prominent coverage and like its English counterpart the Urdu press was overtly nationalist. Inquilab ran a front-page headline, 'Announcement of war against politicians and establishment'.

It beautifully captured the mood of the people by reproducing the slogans of the day.

Urdu Times had a similar headline. The peace march by Muslims was also highlighted particularly the placards which read, 'Pakistan be declared a terrorist state'.

Hemant Karkare was not only given a hero's farewell but his death has been widely speculated. A section of the Urdu press has advocated the theory floating on the net that he was killed by Sangh Parivar and Mossad for his exposé of the Malegaon bomb blast!

Rashtriya Sahara carried a series of pieces on the conspiracy theory. One read, "If the questions being raised, circumstances and incidents indicate that this is a cooked up story then the reader's decision will prevail." Jadeed Markaz is also sceptical. "It can't be said that attackers of Hemant Karkare belong to Sangh Parivar but it is quite possible that any mad man could have attacked him as a result of the recent provocations by Sangh leaders." Urdu Times ran articles by Amaresh Mishra, a known Sangh Parivar critic, who believes in RSS-Mossad conspiracy theory! "The alliance has gone out of control," he wrote.

Inquilab stayed away from these conspiracy theories but pointed out some loopholes in the official version. It carried a reference report which says the terrorists who killed Karkare were speaking Marathi. "These terrible events leave innumerable questions; out of which many questions will never be answered. The same thing happened with 9/11." The paper urges Muslims to act rather than be a "mute spectator". "It's time for action and to become part of the system. For how long we will stick to our glorious past? Saazish kay muqabley mein kavish hi kaam aa sakti hai. (Hard work and striving can be more fruitful than a conspiracy)." It severely criticised AR Antulay's observation that Karkare was not killed by the terrorists.

26/11 has evolved Urdu journalism: this was the first time that leading newspapers devoted many special pages to a tragedy. News was not just covered from the 'Muslim point of view' as is widely believed, but from the human angle as well. This can be gauged from the fact that none of them highlighted or sensationalised the fact that almost 40 per cent of the terror victims were Muslims.
Sunday DNA, December 21, 2008

Malegaon blast probe is still the issue

Malegaon blast victim still await justice. Will Mr. Raghuvanshi oblige?

The world's largest democracy is going through one of the most critical phases of its 61-year old life. We should call it India's mid-life crisis; a period of dramatic self-doubt where one tragedy is being matched or answered by a greater tragedy. It seems that competition – one of the main features of marketing – has begun to apply even in the gory field of terrorism. We are being pushed into the dirty pit of terrorism in a cyclical motion. Terrorism has begun to apply the rules of communication. Communication is a two-way process. Terrorism is increasingly following in the footsteps of communication; where 'our terror' is being answered by 'their terror' or vice versa. This phenomenon is alternatively known as 'tit-for-tat terrorism.' It is in this framework that Malegaon September 2008 blast must be looked into.

The Malegaon blast probe which made headlines all across the world was earth-shattering. Before the probe could completely unearth all the faces involved in the blast; another terror storm rocked the nation's psyche and Malegaon probe was suddenly put on hold. The worst aspect of 26/11 may be that it consumed the faces involved in Malegaon blast probe but Malegaon can not be put on the back burner. The shocking revelations of Malegaon blast can not be easily erased from peoples' memories; be it Hindu or Muslim. 26/11 may have overshadowed Malegaon, but it can never be forgotten because it has now been associated with the Mumbai carnage.

Does that sound strange that Malegaon probe has been associated with 26/11?

No. The two fateful events had one similar character: ATS chief Hemant Karkare. And whenever, people would recall 26/11, they will surely remember Hemant Karkare. And the name Hemant Karkare has become synonymous with Malegaon blast probe. There emerges a triangle whose dots will always be connected to each other.

Hemant Karkare's loss has proved to be a severe blow to the Malegaon investigation. The main character of the script is no more. Can a script be completed without the main character? It might be possible that a film can never be sustained with the death of its protagonist but in real life things are different. Karkare has left behind footprints on the sand. Now it is the job of the directors (read politicians) to guide the new actor (read K.P. Raghuvanshi); to make sure that he follows the footprints left by his predecessor.

The new actor must remember that footprints on sand don't last long.

The director (Ashok Chavan), his assistant (Chagun Bhujbhal) and the new actor know and understand that Malegaon script has already been drafted. The new players just need to complete the script. Any change or delay in the completion of the script will be detrimental. Audiences are desperately waiting to witness the climax of the story.

The people of Malegaon are not very happy with the track record of K.P. Raghuvanshi; he was the ATS chief when September 8, 2006 blasts took place. But still, we have no grudge against him; our readers will recall that Nanded blast was being investigated by Mr. Raghuvanshi himself. The ATS investigation in Nanded blast was far better than the investigation carried by CBI later. In fact, Mr. Raghuvanshi should be given a free hand to complete the Malegaon probe as early as possible.

With Karkare's departure, the once media-savvy ATS has suddenly become media-shy. People of Malegaon want ATS chief to assert himself in order to restore the faith of the people. He has not made any remark or addressed a single press conference on the issue of Malegaon probe till now. His long silence is open to misinterpretation. He must speak up his mind in order to put rumour mills to sleep.

It's your turn to speak up, Mr. Raghuvanshi!

Will you please oblige?

MCOCA and Malegaon blast accused

Advocates of Mobocracy: Members of Hindu Rashtriya Sena protest outside a Nasik court where the accused were produced on November 15.

The ongoing twist-and-turn in the investigation of the Malegaon bomb blast of September 29 is stranger than a John Grisham novel. At this point of time, it may be difficult to say with certainty in which direction the investigation will lead to, but there are enough inputs and indicators to make an assessment.

Going by the various media reports, it seems that Anti-Terrorist Squad (ATS) has got nothing incriminating against the accused so far; the kind of evidence that will stand in a court of law. As one report in Hindustan Times says,

The hard evidence in the form of materials used in making and planting of the bomb, witnesses and other corroborative and supporting evidence is still missing.

The ATS has reportedly seized arms, cell phones, electronic timers, pen drive, telephone diary and some documents from the accused. The latest arrest of priest Dayanand Pandey makes the case murkier and high-profile as he had some "political contacts." Pandey has reportedly changed his number 4 times in the last 20 days. None of this is incriminating in law unless it is proved that the above mentioned items were used in the blast.

Narco test or truth serum as it is known is not a scientifically-proved and legally-approved method of investigation. Also narco tests are not fool-proof. A person of a military background like Lt. Col. Purohit can easily mislead the investigators. There is no guarantee that a person will only speak the truth in a so-called 'truth serum' test. Also evidence extracted under the test is not admissible in court.

The sincerity of any investigating agency should not be measured on the basis of leaks it willingly provides to the media but its approach in the application of law on the accused. All the accused arrested so far have been booked under Indian Penal Code (IPC), Unlawful Activities Prevention Act and several sections of the Explosives Act. A careful reading of these statutes will reveal that one can easily get bail under these Acts. On the contrary, it is very difficult to get bail in Maharashtra Control of Organised Crime Act (MCOCA).

In MCOCA, confessional statement of the accused is considered as "substantive evidence" and it is enough to punish the accused. In IPC and other statutes confessional statement is not considered "substantive evidence." I am not a great admirer of the draconian MCOCA but still one wonders why the ATS is not imposing MCOCA on the Malegaon bomb blast accused as it had done in the earlier blast of 2006.

To impose MCOCA, there should be at least one previous criminal chargesheet against the accused. Jagdish Mhatra, who was arrested from Dombivali in Mumbai, fulfills this legal requirement since a criminal chargesheet had been filed against him in a case of murder and extortion in 1996-97. One previous criminal chargesheet against any of the accused is enough to bring all the accused under the ambit of MCOCA.

Despite this, ATS is still "considering" and yet to apply MCOCA on the Malegaon blast accused. The same ATS had applied MCOCA on the 2006 blast accused immediately. People of Malegaon are curious to find out why this time the ATS is delaying the implementation of MCOCA.

The ATS claims to have 400 minutes of taped-conversation between Sadhvi and Ramji, the alleged bomb-planter. In a recent judgement, Supreme Court has categorically stated that the taped-conversation is admissible under MCOCA. In simple words it means the ATS can easily convict the accused on the basis of the taped-conversation if they choose to apply MCOCA.

Isn't it good news for the ATS? Why delay then?

Malegaon Bomb Blast: The Smell of Blood is Still in My Head

Azmi Farzan: The youngest victim of Malegaon bomb blast

The deadly bomb blast which ripped apart the bodies of believers on September 29 has left a deep scar on the psyche of the town. Without losing any time, I was at Bhikku chowk, the epicentre of the blast, which resembled more like a battlefield than an ordinary chowk in a Muslim neighbourhood. The members of leaderless Muslim community were busy helping the injured in their own individual way. A few emotional Muslims protested against the police claim that it was a cylinder blast. It hurts me deeply that a stone-pelting incident can alter the destiny of my community. Clashes between Muslims and Police followed. Police first-lathi-charged and then opened fire. People fell like a pack of cards.

From Bhikku chowk I rushed towards Noor hospital like a madman searching for sanity. Police bullets seem to have an ingrained bias against Muslims. Bullets chase Muslims till death. As I entered the hospital to inquire about the injured, I could hear the gunshots being fired outside (in Mushawerat chowk). With each shot, I trembled with rage and fear. Each shot increased my heartbeats. The palpitation was so seismic that I feared that my heart would jump out and leave me dead. On one hand Dr. Saeed Faizee, Dr. Sohail and Dr. Faisal continuously worked to restore the faith of Muslim community, outside the naked dance of official bias was at play. Where was the humanity of the people?

The scene at Faran hospital – where the majority of the injured (58) were brought – was chaotic. Curios onlookers and some family members of the injured were caught in the mêlée outside the Faran hospital. As I entered the hospital the smell of fresh blood became unbearable. It is still in my head. The injured were being treated by Dr. Saeed Farani and his dedicated team of doctors. The entire hospital was in collective mourning. The cry of a toddler will haunt me for the rest of my life. It could have been my nephew or anybody else’s. A bared burnt back of a bearded old man almost brought me to the brink of cry. But then the call of my métier restrained me. I made sure that tears didn’t spill out of my eyes. In the operation theatre, I saw an open surgery being performed on one of the injured. The ruptured veins of his left foot were a terrible sight to behold. I could stop there while beholding the sanguine scene or gently pass out. The sight of the three dead bodies neatly lined one after another froze my soul. I felt as if I was in the awesome presence of death. As I clicked their pictures, a thought crossed my mind: Is it fair for a journalist to take pictures of the victims mowed down by flying balls, nails and bullets? It was a call of the conscience. In the spilt of a second, I decided to go ahead. I thought I was Muslim as well as a journalist. The job of a journalist is not to write but to communicate. The Muslim in me thought that I must communicate to the world that my own community has been hit in its own backyard. Not once, but twice.

When the guns fell silent, I returned to Bhikku chowk at 3am. Uninformed media persons were orchestrating the official line that the bomb blast site is below the building where Students Islamic Movement of India (SIMI) once had its office. But nobody bothered to say that the bomb blast site is rather in front of a Police chowky as well. These are matters of perception.

Why was Bhikku chowk chosen for the blast site? Bhikku chowk represents a strong Muslim identity where Muslims from all diverse sects and walks of life gather for a cup of tea or socializing after traweeh prayers in Ramadan. The attack was on Muslim identity. Why can’t the security agencies accept that there is in essence a turf-war going on between communalists of different faiths in the form of bomb blasts? It is unfortunate that in this war Police often seem to be on the side of the majority community. It is a bitter truth albeit uncomfortable.

Next day, home minister RR Patil uttered the usual platitude of repeated bombings of recent past. “It was an attack on national integration.” I am sorry, Mr. Patil. Bhikku chowk is not the place for bridging the gulf that has divided two communities. It is a traditional Muslim ghetto. The attack was on Malegaon’s Muslim identity and not on national integration. There were eyebrows raised when I bluntly asked him ‘How many people have died in the police firing.’ He paused for a moment; Nikhil Gupta, Nasik SP, bent and whispered something. “Nobody has died in the police firing. Police had fired 58 rounds in the air so no one was injured,” Patil claimed. This goes against the public perception and a doctor’s claim in Malegaon. According to Dr. Saeed Farani at least 3 persons have been injured in the police firing. The actual figure is obviously higher but nobody is willing to say because the town is reeling under fear.

Each Muslim mother in Malegaon is praying lest her son becomes a “suspect.”

Things will never be the same in this forsaken corner of Maharashtra but this much is certain: Indian Muslims will not allow India to become another Pakistan.

Media, Muslims and Mujahideen

A bomb does not discriminate between a Hindu or a Muslim (File Photo)

Now that the Delhi Police has “cracked” the bomb blasts, I can make my own confessions. Suspicion is not a fundamental right enshrined in Indian Constitution but it is an unalienable right in a flourishing democracy. Suspicion is the fundamental premise on which the edifice of our intelligentsia stands. Therefore, intelligence agencies cannot be denied the right to suspect. The same right to suspect cannot be denied to ordinary Indians. Equality is the hallmark of a true democracy.

The journalist in me has a problem when an official declaration, a chronological monologue, is treated as the gospel. It is not the job of a journalist to arrive at conclusions. The job of a journalist is to stand outside the circle and communicate nuances and niceties taking place inside the circle. When a journalist jumps into the circle, he becomes part of the story. Proximity breeds bias. Bias breeds bigotry. A true journalist can be anything but he can never be a bigot.

Journalistic bigotry is dangerous for it plays a vital role in shaping public opinion. Each such story leaves an imprint on public consciousness. In each blast, media, the fourth estate, behaves like fourth mistake. The needle of suspicion automatically swings towards Muslims whether it is Mecca Masjid blast or Malegaon blasts in which devout Muslims were specifically targeted inside their mosques. Every time there is a blast, Muslims find themselves in the no man's land. They are caught in the crossfire between intelligence agencies and terrorists. Neither of them will trust Muslims. The day-today Muslim problem is bread and butter rather than the bomb.

Each blast is viewed from the green lens of Islam although saffron lens is equally making India red. One of the reasons for these blasts is to put the entire Muslim community in the defensive mode by systematically manipulating Islam. The trick is like a psychological warfare before the beginning of actual war.

It is true that a minuscule minority among Muslims has become radical. It is equally true that a minuscule minority among Hindus has gone on the extreme. SIMI, RSS and Bajrang Dal, are competing identities, each one claiming to represent their respective community. It is competitive extremism at work which can be summed up in one-line: My version of extremism is better than yours! Media plays safe when RSS and Bajrang Dal are involved in bomb blasts while it indulges in triumphant journalism when SIMI comes under the scanner. The reason for this differential approach is commercial: No businessman would want to antagonize the majority Hindu readers. Media, therefore, claims to be nationalistic but it only practices majoritarian nationalism.

From a journalistic point of view, I have a problem when Police changes the names of ‘alleged’ (it is one adjective which we in the media have abused and used at will) masterminds overnight. First it was Abdus Subhan Qureishi (alias Tauqeer), now it is Atif, the “terrorist” who has been gunned down.

The journalist in me finds it hard to digest that Mufti Abul Bashar, the alleged mastermind of Ahmedabad blasts, is linked to Delhi blasts. If Bashar is really connected to Delhi blasts, the bomb blasts should never have taken place since he was in police custody when the blasts took place. How can Bashar, a poor madrasa-educated person mastermind Ahmedabad blast with such precision? When did Indian Madrasas start producing tech-savvy Muslims? Indian government would love that to happen! There won’t be any need for Central madrasa board for modernization then!

Police says that the educated Muslims are involved in the blasts yet they arrest who will not be termed ‘educated’ by worldly standards. Mufti Bashar is just one example. A section of the mainstream media is extremely behaving like the nautch girl of Indian intelligent agencies. Instead of investigating the police claims, media is promoting self-contradictory journalism.

The journalist in me has a problem when a TV correspondent spits out the intelligence feed that there was a meeting of SIMI in 2001 where 200 youth were recruited to wreak havoc across India. What was our intelligence agency doing for the last 8 years?

Muslim accused are being branded as terrorists before the proper investigation and filing of the chargesheet. The actual trial by a court of law is yet to begin but the trial by media has already passed its judgement. Sample this:

“Mohammed Saif, the terrorist (emphasis added) who was arrested after Friday’s encounter, even possessed a fake voter card.” (TOI, September 21, page 1, Delhi edition)

Isn’t it a perfect example of Judgemental journalism?

Meanwhile Muslims live under siege and fear. State, said Mahatma Gandhi, is nothing but organized violence. Friday’s encounter of Jamia Nagar in Delhi raises some disturbing questions. Local Muslims have termed it as “dubious.” They have reasons to believe so. As a Delhi friend put it, “No one saw cross firing yesterday. Only the police claim it happened. Did you read in any report that anyone actually saw cross-firing?” She added, “How come the two so-called terrorists managed to flee? There was only one exit.” She asked, “If they knew they were going for a possible encounter, why wasn’t the building or the area properly covered by the police?”

Her conclusion was chilling and disturbed me:

“But the point is that they can kill anyone anywhere. Tomorrow my brother might be the target and on flimsiest of grounds with no chance of proving the innocence. You are guilty just because they say so.”

“It makes me bloody angry.”

Indian Muslims live with fear, security, discrimination and terror tag. A bunch of the so-called ‘Muslims’ have hijacked their Faith. I detest when somebody says those who planted the bombs were Muslims. Indian Mujahideen, a faceless body, has launched a faceless jihad for the sake of Indian Muslims. A true jihad can never be faceless. If one peers through Islamic history, he will come to know that a jihad is a battle which is fought under the banner of recognition and not anonymity.

I see a problem when a country of more than one billion people can’t arrest a loose bunch of murderers who want to convert India into a slaughterhouse.

Indian intelligence agencies have some much input yet they produce zero output.

India’s 160 million Muslims have a problem: fear. And nobody is willing to even listen to them. They are the in-betweens of India’s fight against terrorism. They want to be part of the solution and not part of the problem. India needs to integrate them. A Muslim friend put it bluntly, “Rabindranath Tagore’s poem ‘Where the mind is without fear’ no longer adorns my wall.”