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Arresting Togadia

Interview- Ashok Gehlot and Neelabh Mishra

Times Of India
03 May, 2003



Though many civil society groups and individuals have welcomed your action against the trishul distribution ceremonies, the RSS-VHP-BJP combine has criticised it as a ban on religious activity and as an attempt to divert attention from your non-performance in an election year. What do you have to say on this?

Let me first make it clear that the Rajasthan government has not banned any religious symbol — much less Lord Shiva’s trishul. Indeed, we’ve banned nothing. We have merely regulated, under the Arms Act, the distribution and carrying of sharp weapons with more than one blade. In the name of distributing trishuls, the VHP was arming its cadres in thousands with triple-blade sharp daggers that could kill or cause grave injury. With this regulation in place now, anyone procuring, carrying, displaying or distributing such weapons would have to obtain a licence from the appropriate authority. Lord Shiva’s iconic trishuls, which are traditionally blunt in design, are not covered by our notification. They would, as before, continue to adorn temples, shrines and religious ceremonies.

Let me also clarify that there is no restriction in the state against any religious meeting or dharma sabha. Action will only be taken in the case of public functions or meetings where weapons covered by the Arms Act are distributed or inflammatory communal speeches made. As far as elections are concerned, we would fight them on the basis of our performance.

But why did your action against trishul distribution come so late in the day and so suddenly?

It was not sudden. I had been, since October 2001, regularly writing to the prime minister and the home minister about this. Since the VHP was carrying out its trishul programme all over the country, I considered it a national problem and wanted the Central government to intervene. I also raised the matter at a meeting of the National Integration Council last year, and with Union home minister L K Advani at the chief ministers’ conference earlier this year. Since no action from the Centre was forthcoming and the law and order situation in Rajasthan was increasingly threatened by the pheno-menal rise in the number of trishul distribution programmes in the wake of Gujarat, we had no option but to act, what with the VHP talking of turning Rajasthan into another Gujarat. We just couldn’t let that happen.

Mr Advani has been quoted in the press as having told you at the chief ministers’ conference that while the VHP’s trishul drive was ‘thoughtless’, any action against it would be ‘foolish’. He also said that you were being selective with facts when you claimed that he’d concurred with you on the design of the VHP trishul?

If I was selective with facts, why didn’t Mr Advani contradict me when I made the statement two months ago? As for his advice that a ban on VHP’s trishul drive would be foolish — if he has been quoted correctly on this — I want to go on record that he gave me no such advice. In fact, I never sought his advice on any action the Rajasthan government intended to take. At the conference, I had merely requested action from the Centre. As for my informal conversation with Mr Advani, I don’t think it would be proper for me to divulge it unless the other side forces my hand.

Was the arrest of Mr Togadia absolutely necessary?

Yes, he broke the law of the land, inflamed communal passions and threatened the peace. Ever since the NDA government assumed office, such people have behaved as though they are above the law. But no one is above the law.

But was it correct to charge him under Section 121(A) — conspiracy to overawe the state with a show of force?

I can’t comment on that because it’s the job of the local police to define a crime that is committed and book it under the appropriate legal provisions. It’s the job of the judiciary to pass a judgment on this.

Senior VHP leaders have said that Mr Togadia was arrested at the behest of Sonia Gandhi.

She came to know about it through the press as did everybody else outside the appropriate circles in the state government.

Does your action signal a sort of policy for other Congress state governments as well?

Other state governments should decide on the basis of the law and order situation on the ground in their respective states.

Are you fearful of a backlash?

By not responding to the VHP-BJP bandh call or the latter’s attempts to incite communal violence in the wake of Mr Togadia’s arrest, the people of Rajasthan have shown that they don’t, by and large, approve of the politics of violence and communal hatred. Even Vasundhara Raje Scindia’s parivartan yatra is not getting much response in the state.