investigating agencies should be penalised for framing fake cases: Prashant Bhushan

Pointing out to the prolonged incarceration of Saibaba and others in the case without any bail or parole, Supreme Court Advocate and known civil rights defender, Prashant Bhushan said “Bail is rule and jail is an exception but still they are constantly denied that right”.

Calling attention to the stringent nature of UAPA, where trial itself is a punishment, he added, “It’s hard to get bail in UAPA cases, almost impossible “.

Talking about the merit of the Saibaba case, he added “I think if we go to the Merit of the case, it won’t be able to keep Sai and other comrades inside jail”.

Noting the foul play in the constitution of the bench that suspended the order, he said “the judges were not part of Criminal roster, but unfortunately SC formed such a bench”. On the question of setting accountability in the case, he added, “Our effort must be directed towards investigating agencies and they should be penalised because of framing fake cases.”

A seminar was organized by CASR (Campaign Against State Repression) in Delhi yesterday.

Here is the press release-

General secretary of CPI, D Raja said ” dissent is the essence of democracy which has been given to us by the constitution”. Talking about the tagging and witch-hunt of activists like Saibaba, he added, “If you criticise the government then you will be dubbed as urban maoist, ant-national.” Talking about the spectre of Maoism that is used to attack the pro people voices, he said, “Left-wing extremism fights against the government of the day in the interest of people but Right wing extremism is the most dangerous thing nowadays, it should be addressed”.

Talking about the attack on activists and arbitrariness of the state’s actions, KD Mishra (father of Hem Mishra) said ” people who are in the government they drive the system from their own principles.” Speaking on the nature of special sitting of Supreme Court that suspended the acquittal order, he said “We find this rarely that within 24 hours SC formulated a special bench to continue their incarceration.” Talking about the need to resist the state repression in a United way, he added; “If we can’t resist in an organised way, their will be no way out.”

“It’s not easy to meet with my son. He lives in Anda cell, which is a cell within a cell”, he added while talking about the difficulty in meeting his son.

Talking about the excitement of Saibaba after receiving the news of acquittal, Activist and partner of GN Saibaba Vasantha said, “Sai distributed all the goods to other prisoners except important files and books. And when we reached to the court with security money, court rejected to accept that.” The said distribution of his belongings also depicts his pro people nature even at such moments. Elaborating the reason behind Saibaba’s witch hunt, she pointed out that it is Saibaba!s work against land grab and loot by corporates that has made him a target. She went on to add that “In Delhi or any where in this country, illegal land grabbing must be stopped.” Pointing out the duality in the notion of supposed ‘law and order’, she added “rapists, anarchic elements are roaming freely but Sai, who is physically disabled has been denied bail regularly.” Drawing attention to the custodial death of Pandu Narote, who died due to deliberate medical negligence by the state, she said “Pandu Narote was constantly appealing to the jail authorities for proper check ups. But due to deliberate negligence, he died”

Professor at Delhi University, PK Vijayan talked about the larger politics behind conspiracy cases like BK conspiracy case and said ” Bhima Koregaon prisoners or Saibaba are just symptoms.” Pointing out the unabated loot of resources of Indian masses by the foreign capital, he drew attention to an international conference of 2011 where an international journalist said, ” it is their land but the minerals are for all. ”

Cultural Team, Kalam Kala Sangram performed songs of resistance, hitting hard at state repression on pro people forces.

Professor at Dayal Singh College, N sachin Moderated the second session. He said that CASR was formed, by people and organisations having different ideological positions, to struggle for the release of political prisoners.

Solidarity messages from India and Abroad were screened. Screening of messages in solidarity of GN Saibaba and Others included messages of Academic and civil rights defender Professor G Haragopal, various students organisation of the USA, London based Artist and Architect Sofia Karam, Jerico movement for release of American political prisoners and Executive Director of ‘Scholars at Risk’ were screened.

Pointing out to the swiftness with which acquittal was suspended by SC, Professor Saroj Giri of Delhi University said, “After the acquittal of GN Saibaba, whole state machinery got organised and suspended the decision of HC.” Talking about the stance of Judiciary in cases like that of Saibaba, he added “This matter is far beyond 2 judges who suspended the acquittal. If some other judges were there, the outcome would not have changed”

Sucheta De, Central committee member of CPI-ML (Liberation), drawing the attention to the slogan ‘kis kis ko qaid karoge’, she questioned how many people will the government incarcerate if people keep rising. She added that Saibaba’s case must be seen in connection with the Bhima Koregaon Case and Delhi Riots case and demand for release of all political prisoners should be raised. She asserted her party’s position on Saibaba’s case and political prisoners in general. Hitting at the loot of people’s resources by foreign capital, she added “During Independence struggle, we were struggling against Company Raj’s loot and still, we are struggling against corporate loot by foreign capital”.

All the speakers and the public present, unanimously demanded the release of GN Saibaba, Hem Mishra, Prashant Rahi, Mahesh Tirki and Vijay Tirki immediately and unconditionally. They also paid their respect to martyr Pandu Narote.

The next hearing in GN Saibaba’s case is scheduled on 8th of December. The suspension of Bombay High Courts acquittal order has been criticised by various lawyers, retired judges of High Court and Supreme Court, Intellectuals and democratic forces in India and Abroad.

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