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Peoples Tribunal Demands The Repeal Of UAPA

Press Release

21 July, 2014
Countercurrents.org

A two day’s People’s Tribunal was held on cases mainly under Unlawful Activities (Prevention) Act in Kozhikode. The programme was organized by SOLIDARITY YOUTH MOVEMENT on July 14th and 15th. The tribunal heard a range of cases under which people have been booked mainly under UAPA. The accused, family members of the accused as well as lawyers presented the facts, documents as well as their experiences to the tribunal. On the basis of these presentations and after perusing the police and court documents, the tribunal made some recommendations.

The cases heard by the Tribunal are following:

1. Mavelikara Maoist Case: On 29th December 2012, police have picked seven people including two minor girls from a lodge in Mavelikara for their alleged Maoist links. Later police released two minor and registered the arrest of five people under Unlawful Activities (Prevention) Act 1967. Police alleges that Rajesh, Bahuleyan, Shiyas, Devarajan and Gopalan, members of a banned organization, Communist Party of India (Maoist), kidnapped two minor girls Ami and Savera and took room in a lodge in Mavelikara and tried to make them members in the student wing of the above said banned organization and conspired to do unlawful activities. NIA has taken over the case.

2. Hubli Conspiracy Case as against Yahiya Kammukkutti: Yahiya is accused number nine in Hubli conspiracy case. Police accused that, being a member of the banned organization SIMI, he allegedly attended a meeting conducted in Castlerock (Karnataka-Goa border) which was attended by around thirty members including SafdarNagori, leader of the banned organization in 2007. Yahiya allegedly spoke about Jihadi activities and was allegedly involved in a conspiracy meeting to conduct blast in some important institutions like Kaiga Thermal power plant, Infosis, Del etc in Karnataka. He has been in Dharward Jail asan under trial for last five years. Even though, apex courts has ordered several times to finish the trial expeditiously, the trial court continues to hear the case at a snail pace.

3. Kalamasseri Bus Burning Case (as against SufiyaMaudany):SufiyaMaudanyis accused number 10th in Kalamasseri bus burning case. The incident is said to be happened on September 9, 2005. A bus belonged to Tamil Nadu Transport Corporation was burnt near Kalamasseri on that day allegedly in retaliation to the continued detention of Abdul NasarMaudany in Coimbatore jail. The case was handed over to NIA. The trial is not yet started.

4. Wayanadu Maoist Case: On February 18, 2013, Pulpalli police arrested ShantoLal, Vinod VS and Usman accusing of propagating Maoist ideologies and publically seeking support for the banned terrorist organization.

5. Panayikulam SIMI Case: On August 15, 2006, 18 people from Panayikkulamwas picked by the police accusing of conducting a secret meeting under the banned organization SIMI. After completing a primary level inquiry, police released 13 people and registered case against five people. Later, the police included earlier freed 13 people in the accused list and one became approver. But the organizers denied the police version of secret meeting. It is claimed that the programme was held as a public speech on the Role of Muslims in Indian Freedom Fight. which was organized by a well-known local cultural group called Islamic Youth Movement.

6. 2008 Banglore Blast Case as against Abdul NaserMaudany, SakariyaMohammed Shemeer, Manaf and Sharafudeen: Banglore bomb blast occurred at in Banglore on 25 July 2008. A series of low intensity bombs exploded at various places in which one woman got killed. Among the 32 accused, 26 people are Malayalees including Abdul NaserMaudany. Maudanyhas been in jailfor the last four years as under-trial. Despite of his critical health condition, his bail applications were continuously being rejected.

7. K KShahina’s Case: This prominent journalist in Kerala was being accused of threatening two prosecution witnesses against Abdul Nasser Maudanyin 2008 Banglore blast case.Shahina had interviewed the two witnessesRafeeq and Yogananda in Kodagu, Karnataka, for Tehelka. The report published in Tehelka stated that the witnesses had spoken to Shahina contradicting the police version.

8. DHRM, Varkala Case: Some members of the Dalit Human Rights Movements were accused in a murder that took place in Varkala in Thiruvananthapuram in 2009. This was followed by widespread news against the organisation in the media which even tried to portray it as a terrorist group.

The tribunal consists of a range of prominent personalities who have a track record in working on UAPA cases in different level. The tribunal includes:

1. Dr. ManeeshaSethi: Asst. Professor at Centre for the Study of Comparative Religions and Civilizations, JamiaMillia University, New Delhi. She is the President of Jamia Teachers Solidarity Forum, a group which exposed the truth behind Butla House Fake Encounter.

2. Ajit Sahi: a well-known journalistwho has come across with the fact behind many fabricated cases against Muslims. He also exposed state terrorism behind Mavoist hunt in Chhattisgarh.

3. Justice PKShamsudeen: Retd High Court Judge Kerala

4. AdvMadhusoodanan : a prominent lawyer practicing in the High Court of Kerala. He has been fighting many UAPA cases across the State.

5. Adv P Chandrasekharan : a senior advocate in practicing law in Kerala High Court and a Human Right Activist. He was the president of PUCL Kerala Chapter.

6. Adv PA Pauran : He is the president of PUCL Kerala Chapter. He is practicing law in Manjeri Court.

7. KP Sethunath : He is a well known political and economic critic. He is currently working as Kochi bureau chief of Deccan Chronicle.

8. KPSasi :a well known film maker and social activist. He directed more than fifty documentaries on a wide range of issues. His last documentary FABRICATED, which speacks about the fabrication of false cases on innocents, portraying Abdul Naser Maudany as the symbol, was a major hit as it is first of its kind.

9. C Dawood :writer and Managing Editor of Medione Channel.

Apart from the tribunal there was an expert panel consists of MehmoodPracha, a prominent lawyer fighting more than seventy terror cases across the country including the cases of Mirza Himayat Beg who is convicted to death sentence by sessions court of Pune in German Bakery Bomb Blast case, Journalist Muhammed Ahmed Quasimi’s Case of Israeli Diplomat Car Bomb Blast case, etc.

And Fr. Cedric Prakash is a human rights activist and a Jesuit priest based in the city of Ahmedabad in western India. He is the director of Prashant, the Ahmedabad-based Jesuit Centre for Human Rights, Justice and Peace. He was named Chevalier of the Legion of Honor, one of the highest French civilian awards, acknowledging his commitment to the defence and the promotion of Human Rights in India.

The following are the recommendations:

Demands and Recommendations of the People’s Tribunal in the hearing on cases under UAPA at Calicut on 14-15 June 2014 organized by Solidarity Youth Movement Kerala.

1. We hereby recommend that the Draconian Law namely ‘The Unlawful acticities ( Prevention Act) 1967’ (UAPA) be repealed for the following reasons:

a) It violates the basic human reights, democratic rights and funamental rights provided by the constitution of India to its citizens;

b) This draconizn law Is widely being misused all over India;

c) UAPA has been extensively misused against Human Right Activists, Social Activists, members of Minority Community,The marginalized, Dalits, Adivasis and Creating communal disharmony widening disparities and discontent amoung the people, denying the right to dissent, at same time making them criminals.

2. Declare any act of phobia created on the basis of Religion, Race, Tribe, caste or Community as Illigal and Punishable, to legileste to Imprison those who violate this Law.

3. Provide Adequate Componsation to those who had been acquitted in UAPA related cases and wrongfully detained in Jail or were in Police Custody.

4. We call upon all bar Associations/ Bar Counsils to direct all Advocates on their rolls not to keep away from defending the accused in UAPA related cases for the reason that they have been treated as terrorists.

5. We call upon the concerned Governments to Prosecuteall Police Officers and Officials who have been responsible for Fabricated Cases against innocent Persons terming them as Terrorists, maoistsor Insurgents and recover the compensation paid to the victims of false Imprisonment or Illegal detention from them.

6. We call upon the Governments the Charge reports should be laid before the respective Courts within 90 days from the date of the arrest or the detention of the accused and in the event of failure to do so, the accused should be released on bail unless they are acquited or discharged in the meantime.

7. We call upon the governments, that all Central Intelligence agemcies and all Investigating agencies Public Auditing of their accounts bemade compulsory.

8. We call upon the Governmnent to publish a ‘WHITE PAPER’ on all the cases registered under UAPA the ‘ACTION TAKEN REPORT’ thereon.

 




 

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