Complaint
Against Praveen Togadia
From:-
Teesta Setalvad Co-Editor Communalism Combat & Secretary,
Citizens for Justice and Peace "Nirant" Juhu Tara Road,
Mumbai 400 049
To,
The Senior Inspector of Police,
Uttam Chopane,
Dadar Police Station
Subject: - Complaint against
Shri. Praveen Togadia under Sections 153A, 153B, sections 295A and 298
and 505 of the Indian Penal Code
1) On March 16, 2003, Shri
Praveen Togadia, international general secretary of the Vishwa Hindu
Parishad (VHP) addressed meeting of the Rashtriya Vichar Man ch at Dadar,
Mumbai that falls under your esteemed police station's jurisdiction.
Our organization that is concerned with combating theforces of communalism,
be it of the majority or the minority monitored this meeting and has
Videotaped Shri Togadia's entire speech. We would be happy to provide
a copy of
this CD to you if necessary during your investigations.
We have also published the
entire text of the speech in the latest
issue of our magazine, Communalism CombatMay 2003. I enclose the
printed pages of this speech. There can be no doubt in the minds of
any or all that the purposes behind a speech of this character attracts
the sections in the Indian Penal Code that deal with hate speech and
therefore demand immediate investigation and action. Therefore this
complaint that we urge you to register as an FIR with the Dadar police
station. In this, he said among other things :
"Once the attacks and
the assaults of Islam started, there were no
limit to the atrocities we suffered. Rivers, not streams, of Hindu
blood started flowing. Our temples were destroyed and crushed. Yet we
showed a tolerant attitude. One Shivaji Maharaj as his fort at Raigad
symbolises, rose in protest by trampling on the chest of Aurangzeb.
The second major Hindu resistance trampling on the chest of Muslims
was the attack by the Samarajaya of the Vijaynagar empire against Islamic
invasions. And the third time in our history when we resisted was under
the militant inspiration of Guru Gobind Singh by Maharaja Ranjit Singh.
These three dynastic resistances were undoubtedly achieved by trampling
on Muslims chests but, tell me, did any of these glorious victors ask
for beards to be shaved, or caps to be given up? Show me one example
where a mosque was broken down or a Muslim killed? Don't then ask me
what will happen to minorities in a Hindu rashtra; ask what will happen
in Imam Bukhari's kind of evil reign.
In the world today, there
are 52 Muslim countries. Imam Bukhari
and Shahabuddin, please show me if in the past 50 years there has been
even one non-Muslim head of government there. We, in the pure land of
Shivaji's birth and rule, made Abdul Rehman Antulay a chief minister.
We made Abdul Gafoor chief minister in Bihar. And this, when Muslims
are barely 15 per cent of the population.
In Jammu and Kashmir, where
Hindus are 30 per cent of the
population, has there been one non-Muslim head of the government in
the last 50 years? Why should we bear the brunt of these questions on
secularism? Have we got sole property rights and responsibilities towards
secularism? Mahatma Gandhi had and he is gone now. We are not his heirs,
we are the heirs of Shivaji Maharaj. And are proud of it. And if you
want secularism, you, Imam Bukhari, don't ask this question to Praveen
Togadia. Ask it there, in Mecca, and ask why temples of Lord Ram cannot
be built there.
If the existence of the Babri
Masjid at Ayodhya is the greatest
symbol of your secularism, for me the best symbol of secularism is a
grand temple to Lord Ram in Mecca. Will you get it built? And if a Ram
Mandir cannot be built in Mecca, how can any mosque stand erect on the
soil of Bharat? But we do not do this, we not believe in creating disputes.
But that should not be mistaken for impotency. You broke 30,000 of our
temples. And yet you go on discussing, was there a temple below the
mosque or not? Yes or no, we broke it and then your tears starting flowing.
Imagine when my Somnath was
broken what sort of tears must have flowed from my ancestors' eyes.
When every corner of Bharat, temples were broken how my ancestors must
have wept. Should 85 crores of people have to worry how 15 crores think
and feel, have I taken a contract for their protection? Or should not
the 15 crores worry about what would happen if all 85 crores would become
Praveen Togadia?
I will give you an example
of this subjugation in way of thinking. I
was returning from Bhopal and a prominent minister traveling in the
same train asked me during our half-hour long discussion: "It is
all very well what you say. But what will you do with 15 crore
Muslims?" "Are you a Thakur?" I thundered at him and
he got
scared. "Being a Thakur you ask what to do with these 15 crore
of
people?" Or should not those 15 crores think about the feelings
of
85 crore Indians. This perverted and subjugated way of thinking is so
deep-rooted after 1,000 years of oppression. Even if we were in danger
of being murdered, we may not have the courage to speak. This is what
this subjugation has done to us.
Show me one country in the
world where the minority can attack
the majority. Can a masjid be ever broken in Pakistan? Or, can a
church be broken in England? Would anyone have the -guts to set
fire to a train in Pakistan? Would any Muslim living in England have
the courage to set fire to a train on the London subway? Show me one
country in the world where the minority can attack the majority. "
2) Among other things and abuses hurled at those Indians who believe
in the Indian Constitution and Secularism, Shri Togadia also hurled
intemperate and provocative abuse at a particular community and it's
faith. He said, "Only two kinds of people will remain here: one
kind who respect and admire the culture of Bharat, who are willing to
die for their country; the other kind who live here but have no respect
or admiration for Bharat. They may have faith in the kabrastan, they
may have faith in Europistan.
For your sake, for the sake
of future generations, we are not willing to tolerate the death and
destruction of Bharatiya faith and culture. They tell us that at the
place of birth of Lord Ram we cannot have a temple
(break in the
cassette)
The innocent faces of victims
of terrorism on television tells its
own story. My good friends from America, you who are secular,
I want to present a model of secularism, a symbol of secularism
for you in America. Will you tolerate a masjid in honour of Bin
Laden built at the site of the destroyed World Trade Centre? Will
ever America allow this? If a masjid in Bin Laden's name cannot be built
in America, how can a masjid in Babur's name stand on the place which
is the birth place of Lord Ram?
But they want such a masjid
to keep standing. Oh, Narasimha
Raoji, you could not save the Babri Masjid. If we do not want it to
be saved, how can you save it? On December 6, 1992, I was also
in Ayodhya with the Ramsevaks from Gujarat. I watched TV that
evening and saw Narasimha Rao in tears. He was promising
Muslims that he would rebuild the Babri Masjid at the same spot.
Oh, my Muslim brothers, remember
Narasimha Rao could not save Babri Masjid. He promised to rebuild it.
Has he done it? No, he has not. Narasimha Rao could not do it. Sonia
Gandhi is your beloved. If she were to promise rebuilding of the masjid,
will she do it? What is Mulayam Singh to you? Is he promising this to
you? Oh, Muslims, name one leader to me who can promise this to you?
Is anyone promising this?
Muslims, you are orphans,
you are alone. You are being given the
illusion that people are with you. The kind of abuse we had to suffer
after Gujarat, both the BJP and the VHP. I issued a challenge to Sonia
Gandhi publicly. There have been riots before also in Gujarat. I challenged
Sonia Gandhi, saying that there must be one Congress worker at least
in every village in Gujarat. Name a single village where during communal
violence a Congress person has saved the life of Muslims.
In Karnavati (the sangh parivar's preferred name for Ahmedabad), there
must be at least 10,000 Congress workers. Ahsan Jaffri was phoning all
Congress workers desperately. How many Congress workers came to protect
him? Not even one. Oh, Muslim brothers, if the Congress can give me
the name of even five villages in Gujarat where congress workers saved
Muslims or protected Muslims, I will give you the name of hundred villages
where Congress workers have worked under the bhagwa jhandha (saffron
flag) of the VHP.
Who will come to protect
you? Babur and Ghazni? If Ghazni comes, we will crush him beneath our
feet. Now on this dharti (country),the politics of reconciliation embodied
in Mahatma Gandhi and Jawaharlal Nehru no longer survives. We dictate
the politics in this land now. This is the land of the pure Ganga and
Jamuna.
And you place bombs here
and there? You know as a Hindu, when a Hindu dies, he is cremated by
the flames of agni. If I can perform the last rites for my father as
a Hindu son, if I step into the
battle field in defense of Hindu dharma, to save Hindu dharma, I can
set fire to this entire dharti. Sometimes they say that Vivekanand's
vision of Hinduism was great. I also believe that because I admire him.
But Praveen Togadia's Hinduism is not true Hinduism.
Arre Bhai, who are you to decide this? In Bharat, Hindus are not
made to read the Ramayana. I am a cancer surgeon and yet I can
give discourse on the Bhagwad (Gita). There is a story of Nar and
Narayan and rakshasas who do so much penance that the gods are pleased.
This is our tradition. Arre bhai, during the Mahabharat, did god ask
Arjun not to fight, did God talk to Arjun about Ahimsa? What had Krishna
Bhagwan said? Fight. Not only that. You know people are not too happy
when I speak only a little. So I will elaborate.
Remember Bhagwan Krishna. He told Arjun to kill Karna. This is
what Kyshtriya blood is made up of. Karna was killed. Did anyone tell
Krishna, that he had followed a path of adharma? Do you know how we
even killed Bheeshma using tricks, how we killed Duryodhana, pounding
him with a mace. I remember all that with a my proud Hindu heart. This
is my proud Hindu heritage. And for the victory of the Hindu faith,
if we have to fight from behind the trees that protected Lord Ram, we
will do it. I can give you many examples from the Mahabharat. I have
deeply studied Hindu texts for the last10 or 12 years. I firmly believe
that if we do not look at the threat posed to us seriously, a hundred
years later, our coming generations will not know the heritage of Krishna
and Ram.
I want to ask my Muslim brothers if they want us to accept the legacy
and rule of Bin Laden. If the Bin Laden formula works and the Shariat
tradition makes this country into an Islamic rashtra what will happen?
I have read the Quran and Hadith. If this happens and the majority of
our country becomes Muslims, what will happen to us?
Imagine that a Bin Laden
emerges. What will happen to us? To our women? "Accept Islam, or
we will cut you up." And Hindu women will be distributed among
them. There is a real danger of this happening. So, to protect our further
generations from this fate, we have step into the battle field with
a do or die attitude (Hum kafan bandh ke nikle hain)."
3) The above statements are a grave threat to the peace, unity and integrity
of India. In the light of the Gujarat carnage which left
tens of thousands of people (a majority of them Muslims) homeless, more
than a thousand butchered to death and innumerable women raped, these
statements violate S. 153-A, 153-B, 295A and 298, 505(1) and (2) of
the Indian Penal Code. The VHP as an organistion continues to take credit
for the mindless violence on innocents in Gujarat, and also justifies
it further.
4) Shri Togadia also gave
an interview to the MID-DAY newspaper that is also attached to this
FIR. In this interview in a publication that is distributed in Greater
Mumbai and Thane also, he made objectionable statements. These include:
"Back to Bombay. Are you here to talk only to the Hindus of Bombay?
Or, also to the Muslims, Christians and other communities? I address
total people, everybody. In fact, at tomorrow's presentation, I am specifically
addressing the Muslim community. And what do you wish to say to them?
That we have to accept that we have a problem. Problems that lie in
Islam's ideology, and the Hindu civilisation. We need to address problems
of why thousands of our temples were destroyed. But that possibly happened
400 years ago. What can the current generation of Muslims do about it?
No, I am talking about today, 150 temples have been destroyed in the
Kashmir valley. I am talking of the ethnic cleansing of Kashmiri Hindus
in the valley that is currently happening. Yesterday's bomb blast in
Mumbai is not 400 years old. But sir, we yet don't know who is responsible
for the Mulund blast. The enquiry has only just begun. How are you assuming
the Muslims did it? In almost all terrorist attacks, the culprits identified
are Muslims. Whether it is from Pakistan or from Bharat. Tell me, who
attacked India's Parliament?
Who attacked Akshardham?
Who was responsible for Godhra?
So given that, certainly for the Bombay blast, I would assume
they were jehadi Muslims. Yes, but they could well be Pakistani
ISI agents. Do you see no difference between an Indian Muslim
and a Pakistani Muslim? Look, I am not saying all Muslims are
against India, that each and every Muslim is a fundamentalist.
But tell me, whenever we are seeing a terrorist, why is he a
Muslim only? So, it is the duty of the Muslim society. Yes, but
can an Indian Muslim take the fall for what Muslims from the
rest of the world do? OK, agreed we don't have evidence of one
particular incident in Mumbai, but you are not accepting so many
chronological incidents of the past. You are forgetting that the
Kashmiri Muslims, who are in the majority in that state, have
become terrorists. Yeah, but what must the Bombay Muslim do
about that? The jihadi philosophy of all Muslims is the same,
whether they are from Bosnia or Kashmir or Mumbai or
Coimbatore. It is the same intolerant, uncivilised, anti-democratic,
anti-pluralistic, jihadi policy that is creating problems for
humanity. So you cannot see Mumbai in isolation
you have to see
it in reference to global terrorism.
But isn't it possible that a majority of the Muslims in India have no
role to play in terrorism? I mean, don't you consider that could be
a possibility? Do you think terrorists who attacked our Parliament could
do so without local support?"
6) Earlier, soon after the
electoral victory in Gujarat, at a meeting
in Mumbai covered by The Hindustan Times, December 23, Shri
Togadia had, among other things, said:
"Buoyed by BJP's resounding victory in Gujarat, the VHP on Monday
said it will chart out a strategy to install a "Hindu rule"
in the country at the meeting of its highest policy making body slated
to be held in Pune from December 25. "The process of forming a
Hindu rule in the country has begun with Gujarat and VHP will take the
Gujarat experiment to every nook and corner of the country in a democratic
manner", VHP international general secretary Praveen Togadia told
a press conference here. Stating that "our fight is not against
Congress and we are not with BJP," Togadia said those who wish
to join us in formation of the second "Hindu rule" in this
country are free to join. The VHP leader referred to "Hindavi Swaraj",
formed by Maratha warrior king Chhatrapati Shivaji as the first Hindu
rule in the state. The second "Hindu rule" will crush jehadi
fundamentalist forces which have resorted to terror tactics in the country,"
Togadia said.
7) S. 153-A of the Indian
Penal Code states
(1) Whoever- a) by words,
either spoken or written , or by signs or by visible representation
or otherwise, promotes, or attempts to promote on grounds of religion,
race, place of birth, residence, language , caste or community or any
other ground whatsoever , disharmony or feeling of enmity , hatred or
ill-will between different religious, racial, language or regional groups
castes or communities, or b) commits any act which is prejudicial to
the maintenance of harmony between different religious , racial , language,
or regional groups or castes or communities and which disturbs or is
likely to disturb the public tranquility, c)
.. shall be punished
with imprisonment which may extend to three years, or with fine or with
both.
8). S. 153-B of the IPC states
(1) Whoever, by words either
spoken or written or by signs or by
visible representations or otherwise, -
(a) makes or publishes any
imputation that any class of person cannot, by reason of their being
members of any religious, racial,
language or regional group or caste or community, bear true faith
and allegiance to the Constitution of India as by law established
or uphold the sovereignty and integrity of India, or
(b) asserts, counsels, advises,
propagates or publishes that any
class of person shall, by reason of their being members of any
religious, racial, language or regional group or caste or community,
be denied or deprived of their rights as citizens of India, or
(c) makes or publishes any
assertion, counsel, plea or appeal
concerning the obligation of any class of persons, by reason of
their being members of any religions. Racial, language or regional group
or caste or community, and such assertion, counsel, plea or appeal causes
or is likely to cause disharmony or feelings of enmity or hatred or
ill-will between such members and other persons, shall be punished with
imprisonment which may extend to three years, or with fine, or with
both.
9) Relevant portions of Section 295-A are: Deliberate and Malicious
Acts intended to Outrage Religious Feelings of any class by insulting
its religion or religious beliefs: "Whoever, with deliberate and
malicious intention of outraging the religious feelings of any class
of citizens of India, by words, either spoken or written, or by signs
or by visible representations or otherwise, insults or attempts to insult
the religion or the religious beliefs of that class, shall be punished
with imprisonment of either description for a term which may extend
to three years, or with fine, or with both."
10) Relevant portions of Section 298 are also explicit under the
headingUttering Words etc with Deliberate Intent to Wound
Religious Feelings. " Whoever, with the deliberate intention of
wounding the religious feelings of any person, utters any word or
makes any sound in the hearing of that person or makes any
gesture in the sight of that person or places any object in the
sight of that person, shall be punished with imprisonment of
either description for a term which may extend to one year, or
with fine, or with both.
11) Relevant extract of Section 505 reads as under:
" (1) Whoever makes,
publishes or circulates any statement
rumours or reports,
(a)
..
(b) with intent to cause
or which is likely to cause fear or alarm to
public or to any section of public whereby any person may be induced
to commit an offence against the state or against the public tranquility,
or.
(c) with intent to incite
or which is likely to incite any class or
community of persons to commit any offence against any other
class or community: shall be punished with imprisonment which
may extent to three years or with fine or with both.
(2). Whoever makes, publishes or circulates any statements or
report containing rumours or alarming news with intent to create or
promote or which is likely to create or promote, on grounds of
religion,
feeling of enmity, hatred or ill will between different
religious, racial, language or regional groups or castes or
communities shall be punished with imprisonment which may extent to
three years or with fine or with both."
12)As per the above statements of Shri Togadia, the minority
community in various parts of India is likely to feel more insecure
and threatened by these statements. Besides, such statements are bound
to generate communal disharmony or feelings of ill will,
enmity and hatred between different religious groups. It is also an
act which is prejudicial to the maintenance of harmony between
different religious groups and is likely to disturb the public
tranquility.
The above statements also
amounts to threats and intimidation of
violence of the most heinous kind as witnessed during the Gujarat
carnage last year with sinister intent that such violence could be
repeated with preparation by the VHP and it's associates elsewhere.
The statement also imputes and threatens and asserts that Muslims be
denied or deprived of their rights as citizens of India. It lastly amounts
to an assertion regarding brutal violence and open perpetration of it
which is likely to cause disharmony or feeling of ill will between Muslims
and others. The statement also is likely to provoke some Hindus to commit
offences against Muslims and also amounts to alarming news which is
likely to lead to all the above.
13)There is every reason to believe that such a highly provocative
statement when made by a person like Shri Togadia, that defy the
law, when unchecked by institutions of democracy, can incite and
influence the members of the organisation and the community which the
BJP represents. Shri Togadia, having a long standing experience of public
life obviously made the statements with the objectives set out in the
above paragraph and there is definite involvement of mens rea in the
statements.
14)As per the 1991 census
the Muslims constitute 12.12% of the
population of India. The Hindus constitute 82.00%. Muslims constitute
a minority religious community in most of the States.
15)Such wide scale, alarming
and false threat to the Muslims
minority, leads to an apprehension that such statements could create
and contribute to an atmosphere of causing communal carnage elsewhere
in the country, and that the minority Muslim community could face widespread
persecution.
16) It is well known that the post-godhra carnage took place on 28th
February 2002, the day on which Vishwa Hindu Parishad called for "Gujarat
Bandh." Which was supported by the BJP. It is also well-knownfact
that the BJP leaders and followers have been named in some of the FIRs
filed by the victims of the carnage. Thus, when Shri Togadia, who now
proudly claims credit for the carnage, as leader of an organisation
with countrywide membership, and being a member of such an organization
that claims to have millions of followers, moreover with close links
to the BJP, makes the statements referred to above, they cannot be treated
as empty boasts but have to be taken serious note of.
17)As declared by the Supreme Court of India, secu larism is part
of the basic structure of our Constitution and these statements of
Mr. Togadia attack the very fabric of our Constitution.
18)I am making this complaint in my capacity of citizen of India and
under my fundamental duty to uphold the Constitution of India as laid
down under Article 52 of the Constitution. The offence is likely to
have an all India impact and as such falls also within your
jurisdiction.
19)Shri Togadia has committed an offence under S. 153A, S. 153 B ,sections
295A and 298 and S. 505(1) and (2) of the Indian Penal Code.Hence, cognizance
should be taken of this complaint by treating it as an FIR, the matter
be investigated into, and necessary action including arrest and prosecution
be taken forthwith against Shri Praveen Togadia.
20)Please keep the undersigned informed about the developments and let
me know immediately about the steps you propose to take against Shri
Togadia. We have already applied for sanction of the necessary authorities
but you are also requested to apply for the necessary sanction.
Copies for the applications
for sanction are enclosed for your ready reference. I am secretary of
Citizens for Justice and Peace, a member of the People's Union for Human
Rights and also co-convenor of We The People-Ham WatanNational
Campaign in Defence of Democracy.
Sincerely,
Teesta Setalvad,
Secretary Citizens for Justice and Peace
Co-Editor Communalism Combat