Complaint Against Praveen Togadia
From:-
Teesta Setalvad Co-Editor Communalism Combat & Secretary,
Citizens for Justice and Peace "Nirant" Juhu Tara Road,
Mumbai 400 049To,
The Senior Inspector of Police,
Uttam Chopane,
Dadar Police StationSubject: - 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 Combat—May 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
heading—Uttering 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 Watan—National Campaign in Defence of Democracy.
Sincerely,
Teesta Setalvad,
Secretary Citizens for Justice and Peace
Co-Editor Communalism Combat
Togadia’s entire speech