Girls led into life of 'sacred' sex slavery

Rampant HIV/Aids adds to misery of India's temple prostitutes forced to attend to Hindu high priests. Peter Foster reports from Dhanwada

It is a tradition as old as India itself - lowly, village girls from "untouchable" families being dedicated to serve as temple prostitutes for Hindu high priests and Brahmin elders.

Dalit girls as young as 10 forgo conventional marriage to a single man in exchange for a life of service to the local deity, performing rituals and puja (prayers) for their village.

At puberty they are "married" to the temple amid ritual and celebration before spending their "wedding night" with the priest or upper-caste elder - a prelude to a life of sexual slavery.

However in modern India the jogini (lady-saints) are facing a new and lethal difficulty in their already-troubled lives - the rise of HIV/Aids in the sub-continent.

India will shortly overtake South Africa as the country with the most HIV sufferers in the world.

In the villages of Andhra Pradesh the scale of the problem is starting to reveal itself.

Research for the Christian Aid charity has found that, despite the practice being officially outlawed in 1986, about 40 per cent of Andhra Pradesh's 42,000 joginis are HIV positive.

As victims of such backward, rural practices, the jogini tradition exemplifies the social and cultural obstacles facing those trying to prevent India's Aids problem from reaching African levels.

Grace Nirmala, a Dalit-born social worker from Hyderabad works educating fellow Dalits on their basic rights.

She explained that, as the lowest-born, the joginis are unable to protect themselves.

"These women have many sexual partners.

" They cannot refuse the men and they cannot ask them to use condoms - and the men certainly aren't going to volunteer to use them," she said. India already has more than five million people infected with HIV, which is still less than 0.5 per cent of the population.

But a World Bank report this year gave warning that if condom use did not improve Aids infection rates would be running at three million per year within a decade.

By 2033, the report estimated, Aids could be India's biggest killer, outpacing malaria and other water-borne diseases and diarrheal infections.

When Mrs Nirmala arrives in the village of Dhanwada, 100 miles south of Hyderabad, 10 joginis gather in the gaudily-painted temple to the goddess Yallamma to welcome her.

Among them is 19-year-old Chinaguddi, a bashful but beautiful young woman dressed in a flowing, blue sari. She was only 12 years old when she was dedicated to Yallamma.

Her story, according to Mrs Nirmala, is typical. Chinaguddi never went to school, has a sick mother who cannot work and a father who died when she was young and so is ripe for exploitation.

"The people in the village respect me," she says falteringly. "They ask me to come and perform some puja for them because I am jogini and have been dedicated to Yallamma."

Chinaguddi does not remember fear or choice. Her dedication was an event that occurred beyond her control. "My mother has asthma and is too weak for working, so this is my life," she says simply.

Joginis live with their families and continue to serve the temple until their looks fade. Like the brothel madams of European tradition, elder joginis support and counsel the next generation.

Everyone in the village knows Chinaguddi is a jogini and, according to practice, upper-caste men will approach her mother with gifts of money and food, for permission to have a "friendship" with her.

Asked if she feels angry at her situation, Chinaguddi expresses regret but accepts that, as a dalit with multiple sexual partners and a family who rely on her, she has little choice.

"Sometimes I ask why mother did this to me. Why I cannot have a normal marriage and go and live in a husband's village," she says.

"But what can I do? Who will marry me now? I am a jogini."

Al-Qaeda — the second coming

Jason Burke

In a major investigation, an expert on terror reveals the outfit is evolving into a potent new threat.

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Five and a half years after 9/11, Osama bin Laden is linked, rightly or wrongly, to violence across half the globe. For Al-Qaeda, there is no shortage of new faces to fill the ranks FOR HIS 40th birthday, Osama bin Laden's followers gave their leader a white stallion. Osama,a keen horseman despite back problems, rode for hours through the dusty farmland and hills around his base north of Jalalabad, the eastern Afghan city. On Saturday, the leader of Al-Qaeda turned 50. It is unlikely that the gesture was repeated. Almost all the men who gave their chief the stallion are now dead, the base has been dismantled and a similar ride would be to risk detection, identification, and a pinpoint missile strike. Yet though he may lack horses and veteran associates, Osama is far from finished. Indeed, nine years after his declaration of war on the West and five and a half years after the attacks of September 11, 2001, he is as present as ever on the world stage, linked, rightly or wrongly, to violence across half the globe. This weekend there is talk of an Al-Qaeda connection to the recent spate of particularly bloody bombings in Iraq. The trial of Khaled Sheikh Mohammed, the terror group's associate who originally planned the 9/11 strikes, is due to start in Guantanamo Bay and will spark massive media interest. In the U.K. a series of trials of alleged Islamic militants, some accused of having links to Osama's closest collaborators, continue. In Afghanistan, where British casualties mount every week, Taliban militants boast of the forces they have gathered for a "spring offensive." The continuing evolution of the phenomenon of "Al-Qaeda" continues to surprise — and deeply worry — those charged with keeping us safe. An investigation by The Observer, involving hours of face-to-face interviews with current and former government and military officials, experts and intelligence analysts in Afghanistan, Britain, France, Germany, and Morocco, as well as sources contacted in a dozen other countries including the United States and Pakistan, reveals why — and discloses the frightening reality of the changing threat. The camp is high in the mountains, near the Afghan city of Khost, at the end of a dirt track on the border with Pakistan. It is not much to look at — a few mud buildings and some tents that are barely visible on the satellite photographs that Western intelligence experts spend hours poring over. It does not even have a name. But it is the symbol of a newly resurgent Al-Qaeda "hard core" or "headquarters" that is, according to analysts, "more dangerous than ever." For the camp is a training centre, run by a mixed team of Afghan, Arab, and Pakistani instructors, fundraisers, and ideologues. It is only one of half-a-dozen such installations set up in the past 18 months. It is in these camps that dozens of British citizens are thought to have been trained and then sent into Afghanistan to fight in recent months. The men, all of whom come from families with strong links to Pakistan, are said to number between 20 and 30 although details are scant. Security services have traced the individuals to the camps — most of which are on the Pakistani side of the border — but then lost the trail. The men have either died in combat, are still fighting American, British or other NATO nations' forces in the country or are "on their way home," say sources in the U.S., the U.K., and southwest Asia. "We just hope they are dead," one source admitted. "It's best that they blow themselves up over there than over here." The men, like the camp, are part of a new wave of Al-Qaeda activism that has astonished security services. As well as the British recruits suspected of having died in Afghanistan, our investigation revealed that: Britain is universally considered to be the nation "most threatened by a major terrorist strike" outside the Middle East or southwest Asia because of its strong support for American foreign policies, relative accessibility compared to the U.S., and strong historic connections to Pakistan which allows hundreds of thousands of British subjects to travel virtually unmonitored every year. Though only a tiny minority is involved in militancy, the ease of access to the country for Urdu-speaking Britons is a huge advantage to those bent on violence. Al-Qaeda has re-established its "nerve centre" in the lawless tribal areas of western Pakistan. The country is now considered the "centre of gravity" of Al-Qaeda by security services and the "critical battlefield" in the years to come. Contrary to the British Government's public claim, every source spoken to by this reporter, official or otherwise, in Britain and elsewhere believes the Iraq war has exacerbated the threat to the U.K. specifically and to the West generally. "It is a huge part of the problem," one senior British government counter-terrorism specialist said. However, contrary to exaggerated reports, the number of Westerners who have gone to Iraq to fight is said to be "a handful." Major co-ordinated attacks on the critical infrastructure of Western nations, such as the Channel Tunnel or passenger jets, are "within the capability and ambition" of militants close to the Al-Qaeda leadership and acting independently and are being actively planned. All sources consulted believe Osama to be alive. However, his death would "make little operational difference," analysts say, possibly damaging "the organisation" but not "the movement." All thought the struggle against Islamic terrorism was growing and would last "many decades." Western government analysts now usually split Al-Qaeda into three elements. The first is a "hard core" of well-known leaders such as Osama and Ayman al-Zawahiri, his Egyptian-born associate, in Afghanistan. Security officials believe key decisions and operations take place on a new "middle management" level dedicated to training volunteers who make their way to Pakistan and to co-ordinating both propaganda and bomb attacks around the world. "Al-Qaeda as an operational, technically capable network, with chains of command leading back to Pakistan from many places, is very much alive and well and continuing to plot," said one security source. "This is very, very surprising given the damage they have suffered but they are a very resilient organisation." Although the mid-level management frequently suffers losses as key figures are arrested or killed — "the job with the shortest life expectancy in the world must be Al-Qaeda's director of external communications," said one U.K. official — there is no shortage of new faces to fill the ranks. "We are seeing an entirely new generation of militant," said one U.S. source. The second element is the "network of networks," defined as the series of groups affiliated to the Al-Qaeda hard core in Iraq, elsewhere in the Middle East and, increasingly, in some North African countries. These "franchises" have links to individuals inside Western European countries, particularly the Algerian-based Groupe Salafiste de Predication et le Combat, and are seen as a potentially major threat. Analysts see a "clear convergence, practically and ideologically, among militant groups globally" with greater co-ordination between them. "There is subcontracting of functions," said one Casablanca-based expert. "Groups in Morocco were tasked with logistics for groups elsewhere, in Spain for example. So, like multinational companies, Al-Qaeda `delocalises' key functions — and constructs cosmopolitan leadership teams." Ideology The third element of "Al-Qaeda Mk2," say security officials, is ideology. This has mobilised thousands of young Muslims from a wide variety of backgrounds around the world in the last five years. Analysts now say their radicalisation is occurring far faster, aided by the Internet. "We are talking about a group of guys deciding to do something in West Yorkshire, Paris, Casablanca or Montreal," said one Western intelligence official. "It's still amateur." Group thinking plays a major role. "In reinforcing each other's view of the world, there is a shift in the perception of what is acceptable and normal," said one senior counter-terrorism official. It is not the poorest people who are drawn to militancy either. The standard profile is male, mid-twenties, often with a degree, and with parents who have migrated, often from southwest Asia or North Africa to the West. There are also an increasing number of converts. But though, according to one London official, "there is not a single person who has posed a major threat here in recent years who was not radicalised primarily in the U.K.," the "X factor" which changes angry young men into terrorist killers does comes from overseas, British and French government analysts have concluded. "For a few years it looked like the core of Al-Qaeda had been destroyed as a genuine physical presence by the war of 2001 and all that remained were its ideas, powerful though they were," said one senior Western European security source. "Yet we have seen the core element returning as a major force. They can provide the critical legitimacy and direction that volunteers need." Analysts point to journeys made by the leader of the July 7, 2006 London bomb plotters, Mohammed Siddique Khan, to Pakistan, where he is believed to have met senior Al-Qaeda figures. In a speech last November the director-general of MI5 (British intelligence), Dame Eliza Manningham-Buller, said terrorist plots in Britain "often have links back to Al-Qaeda in Pakistan," adding that "through those links Al-Qaeda gives guidance and training to its largely British foot soldiers here on an extensive and growing scale." The fact that videos featuring the logo of Al-Sabah, the Al-Qaeda production house, now emerge within days of an event rather than taking weeks as they once did, has reinforced the idea that the "Al-Qaeda hard core" has been able to rebuild in the havens it has established in the rugged hills of northwest Pakistan. It is the continually evolving interaction between the three main elements that make it so resilient. The problem, say all the sources, is not going to go away soon. "Some talk about a generational struggle, something taking around 30 years but I think that is too optimistic," said a senior U.K. source. Ten years ago, when Osama rode his horse across the Afghan hills, few outside specialised circles had even heard of him. Now he is one of the best-known individuals on the planet. And therein may lie, for him at least, the best birthday present of all. — © Guardian Newspapers Limited 2006 (Jason Burke is one of the world's leading experts on terrorism. His latest book, On the Road to Kandahar, is published by Allen Lane.) © Copyright 2000 - 2006 The Hindu

Hindu-Jewish summit!

By Zafarul-Islam Khan
The Milli Gazette
24 February 2007

One of Israel's two chief rabbis, that is Yona Metzger, religious head of the Ashkenazis, that is the European, that is Khazar, that is non-Semite Jews, paid a high profile visit to India during 5-7 February while friends of the Jewsih state here celebrated the 15th anniversary of the establishment of diplomatic relations with Israel which was the only wish of the RSS delegation which met Narasimha Rao soon he became prime minister in 1991.

Ashkenazis are the people who established Israel and still control it while the oriental Jews, Sephardim, are second class citizens and the Israeli Arabs are third class citizens of the state which boasts to be the only democracy in the Middle East.

In Delhi, the Ashkenazi chief rabbi met top Hindu leaders including leaders of the RSS and BJP in what was termed as "Jewish-Hindu summit." It led to a 9-point "Declaration of Mutual Understanding and Cooperation from the First Jewish-Hindu Leadership Summit" (text: http://www.wfn.org/2007/02/msg00073.html).

The declaration primarily acknowledges the “shared values” of the two traditions, as well as “the common challenges.” The summit, the delegation hoped, will lead to "ongoing bilateral meetings on shared values and common concerns.” The declaration noted that both the religions do not seek to proselytize and “condemn all activities that go against the sanctity of this mutual respect.” The declaration further said that both religions have "gone through the painful experiences of persecution, oppression and destruction. Therefore, they realize the need to educate the present and succeeding generations about their past, in order that they will make right efforts to promote religious harmony."

The summit declaration, which failed to say anything about the occupation of Palestine, expulsion of the majority of the Palestinians from their homeland and continued denial of their national, political, social and religious rights, also resolved to constitute a "Standing Committee on Hindu-Jewish Relations." The declaration was signed from the Hindu side by Swami Dayanand Saraswati, head of Dharma Acharya Sabha, who is close to the RSS.

The so-called "summit" was organised by an obscure organisation called "World Council of Religious Leaders" which is headed by Bawa Jain who found it necessary to allay "apprehensions that the meeting aimed to forge an alliance against Islam and Christianity." Jain revealed the reason behind this bonhomie: "Since Jews were a powerful community in the US, their association with Hindus would help to strengthen Indo-US relations."

The Israeli side, on the other hand, betrayed its aim from this strange alliance. “Several Hindu leaders expressed their dismay at Muslim violence," said Chief Rabbi Yona Metzger. "They told me that both Judaism and Hinduism were the mothers from which all other religions suckled. But sometimes the offsprings bite the breast that feeds them," he told Jerusalem Post (6 Feb.). While Rabbi David Rosen, international director of inter-religious affairs at the American Jewish Committee said that, “Although, Muslim extremism was not singled out, it was at the forefront of many participants' minds." Speaking on the occasion, Swami Dayanand Saraswati said, "Hindu-Jewish dialogue will act as a benchmark for others to follow and emulate." The Israeli Foreign Ministry Spokesman called it an "historic event.”

Chief Rabbi Metzger made a touching reference to the lasting contribution made by the BJP leader LK Advani in furthering the friendship and co-operation between India and Israel. Israeli Ambassador David Danieli was also present during the dinner at Advani’s official residence while the (Jewish) Indian officer, Lt. Gen. (retd) JFR Jacob, was part of the Jewish delegation. The tainted Kanchi Shankaracharya Swami Jayendra Saraswati too was involved with the Hindu side represented by some thirty prominent Hindu leaders.

The Chief Rabbi said, "It is seldom that I go to somebody's residence to participate in a reception. Our custom does not allow this. But, here, I came to Shri L.K. Advani's residence, as if I were going to my own home. It is a debt that we owe to the leader. As India's Internal Minister, he was the first Indian top official to visit Israel. He played a major and sustained role in furthering and cementing the relations between the two countries. We immensely value this gesture. Our people are greatly indebted to India."

It was unfortunate that some Indian Muslim leaders and scholars chose to meet the visiting chief rabbi and that too in the house of BJP leader LK Advani during whose time, as home minister, Indo-Israeli relations were transformed into "strategic relationship" to the point of exchanging intelligence and allowing the Israeli espionage and sabotage agency, Mossad, to openly operate in India. Until the Palestinian issue is solved to the satisfaction of the victims of the Israeli aggression no normal and cordial relations are possible with Jews who for fourteen centuries found patronage and refuge in Muslim countries from European persecution, and had their "golden period" under Islam according to their own (pre-Israel) confession. They held highest positions under Muslims in Egypt, Syria and Spain. All that goodwill was squandered by their gross injustice to the people of Palestine and insistence to stay in the Middle East as the catspaw of the western imperialism.

Source: Print Edition The Milli Gazette, 1-15 March 2007, p. 1 (editorial)

Report of the fact finding committee on the bomb blast at Mecca Masjid and subsequent police firing

21 May 2006, Press Statement

The Milli Gazette

A fact finding committee was constituted by the organizations mentioned at the end of this report to collect facts about the bomb blast at Mecca Masjid on 18 May 2007 at Hyderabad and the subsequent police firing.The committee visited the Mecca Masjid on 20 May 2007, enquired with the eye-witnesses to the occurrence in the Masjid and later with the injured at Owaisi Hospital and arrived at the following conclusions:

· The committee strongly condemns the heinous act of bomb blast at Mecca Masjid killing five and injuring about 35 people.
· The committee equally condemns the police firing on innocent people killing nine and injuring several others without any provocation.
· The committee is of the opinion that the bomb blast at Mecca Masjid during the Friday prayers was aimed only at terrorizing Muslim people and to shatter their confidence.
· The committee feels that the police firing was also aimed at terrorizing Muslim people and to crush even a small attempt of agitation from the Muslims.

The police firing was done at a place which is about 200 meters from the Masjid which show that the police were aiming at people who were proceeding towards Masjid or going away from the Masjid.

According to the version of the injured in the police firing, the firing was aimed at people who had no concern with the incident. One was fired at while he was proceeding towards his house by that side and another, 17-year-old boy was fired at while he was going into the Asra Hospital to donate his blood for one of his relatives. Yet another was fired at while he was trying to lift a fallen man due to bullet injuries. These are classic examples of how the police fired indiscriminately. According to the police version, which appeared in the press, they fired at the mob which was about to attack a petrol pump and a wine shop. In fact there were no signs of any attack. The petrol pump was closed on three sides with an opening the road on one side which is well-guarded. If the shutters of the wine shop were down, it will be easily protected. It is ridiculous for the police to claim that they had to kill nine people and injure about 25 people in order to save a petrol pump and a wine shop. It appears that the police value property more than human lives.

More condemnable than the above incident is the police opening fire into the Masjid putting the rifle on the iron rails of the Masjid from the road side. An eye witness to this ghastly behavior of police is none other than Mr. Mohammad Ghouse, a former corporator from that area. When the people were trying to rush out after the blast the police aimed its firing at such terror stricken people. The manner in which the police opened fire, one aiming inside the Masjid and the other firing indiscriminately from a place away from the Masjid show that the police aimed at terrorizing Muslims.

The police firing started after about an hour of the blast. People must have been by that time agitated and anxious to know about the condition of their relatives who had gone to offer prayers. The police did not warn them. Even if the mob had become uncontrolled, the police should have used rubber bullets. All the injuries are from bullets only. There are no traces of any injury of a rubber bullet which shows that the police simply fired at the mob. Till date there is no evidence of who gave the permission to open fire.

The government till date is not in a position to give the exact number of deaths due to bomb blast and police firing. According to information gathered by the committee, the deaths due to police firing are more than the deaths due to the bomb blast. This fact alone speaks volumes.

According to the version given by the police, the bomb blast is of the handiwork of two Islamic organizations which operate from outside India. In fact, the police has released a Muslim name who is said to be the mastermind of the blast. According to facts revealed by a medical officer of Asra Hospital who treated the injured, some nails, door hinges, and briefcase handle were removed from the bodies of the injured. This establishes that the bomb used in the blast was a crude one made with indigenous technology. The injuries received during the blast and the foreign objects recovered from the bodies of the injured do not establish any connection with either RDX or TNT. The naming of the two Islamic organizations as responsible for the blast without any acceptable clue reveal the mind of the investigating agency either to mislead the public or to divert their attention. By identifying the probable accused and the organizations without any preliminary evidence show the attempts of the police to close all other areas of suspicion. The investigating agency can come up with the names of the organizations which are responsible for the blast only after eliminating all other organizations which can be suspected in such crimes.

The committee feels that both the bomb blast and the subsequent police firing are aimed at terrorizing Muslims and trampling minimum agitation from that side.

The state government should take the responsibility for the whole incident. Even after the warnings by the central government about possible terrorist attacks in states including Andhra Pradesh, the police did not take any necessary precautions to guard sensitive places like places of worship. It seems there will be regular check at Mecca Masjid especially on Fridays by the concerned police. Surprisingly there was no regular check on that Friday. Sufficient force was also not deployed when about 10,000 people gathered at the time of prayers. It is unfortunate to know that the government is appreciating the police for controlling the situation instead of taking action against the police who are responsible either for the lapse regarding arrangements at the Masjid or for indiscriminate killing people without any provocation.

This is the first time in the history of Hyderabad city or the for the matter of India where a bomb blew up while thousands of people were offering prayers in a mosque. It is a very serious matter and of concern for all to know the persons responsible for it. No investigating agency can simply wash off its hands by naming some terrorist organization. When such incidents are likely to happen again, it is the duty of the investigating agency to clear all possible suspicions and arrive at a definite conclusion. Even after the lapse of four days no such traces are evident in the investigation. It is surprising to know that one more cellphone was recovered on 20 May 2007 from the pond of the Mosque. In such incidents there should be no let up from any side.

The committee makes the following demands:
The committee holds the chief minister of Andhra Pradesh morally responsible for the bomb blast and administratively responsible for the police firing. Hence the committee demands the resignation of the chief minister. In addition to the indiscriminate firing by the police, there were innumerable lapses from the police side to protect the lives of innocent people. No responsible police officer is forthcoming to own up responsibility for the police firing. Hence the committee demands the immediate suspension of the Director General of Police and other high officers who had immediately rushed to the place of incident and were responsible for the firing. Prosecution should be launched against those policemen who opened fire at innocent people either killing them or causing injuries. The investigation should be immediately handed over to CBI.

The Organizations which participated in the fact-finding:
1 Bojja Tharakam (AP state President, Republican Party Of India)
2 Lateef Mohd Khan G. Secretary Civil Liberties Monitoring committee
3 Varvara Rao VERASAM
4 D.Suresh Kumar Secretary. APCLC
5 Prabahakar PKM
6 Abhinova. KNPS
7 Radha APCMS
8 Mujahid Hashmi AMA
9 Leo Augastine
10 E.Gri yaduvo Praja party

(Received on 21 May 2007 from Hyderabad’s Civil Liberties Monitoring Committee - clmci@hotmail.com)

Best Bakery Case: Courts cannot allow bullshitting with justice

A comment on the Indian Supreme Court judgement on the Best Bakery Case By Basil Fernando

May 2007, The Milli Gazette

...bullshitters, although they represent themselves as being engaged simply in conveying information, are not engaged in that enterprise at all. Instead, and most essentially, they are fakers and phonies who are attempting by what they say to manipulate the opinions and the attitudes of those to whom they speak. What they care about primarily, therefore, is whether what they say is effective in accomplishing this manipulation. Correspondingly, they are more or less indifferent to whether what they say is true or whether it is false. - Harry G Frankfurt, On Truth, (Alfred A Knopf, New York; 2006).

The Supreme Court of India's 2004 judgment in what is popularly known as the Best Bakery case is a great intervention to deal with the manipulation of information, a common feature of criminal trials in many countries where basic elements of criminal justice--police investigation, prosecution and judicial decision making--have become dysfunctional to varying degrees. The historical importance of the judgment lies in that India's apex court decided it could not sit and watch the bullshitting of the three institutions responsible for the administration of justice. The court rightly noted that, "The present appeals have several unusual features and some of them pose very serious questions of far reaching consequences." These consequences relate to the issues of witness protection, improper conduct of trial by the public prosecutor, the role of the investigating agency and the judiciary being a 'passive recorder'.

Far from an exercise in bullshitting, a criminal trial involves questions of great importance for the individuals involved as well as the whole society. For the individual complainant, witness or accused, the trial is a matter of justice. If information is manipulated during the trial, resulting in a distortion of what has actually happened, injustice is served. For society, the trial is a test of faith in the justice system. If the system is seen to deal with crimes through the manipulation of information rather than a committed statemerent of facts, the credibility of the system is undermined. Moreover, manipulative habits enter into the process of criminal investigation, prosecution as well as judicial intervention. The trial in such cases becomes nothing but a game, a parody. When this process of criminal trials is commonly understood in society, unscrupulous individuals will take to crime. Organized crime then becomes an important and decisive factor in societies, to the extent that attempts to reform both the process and the institutions are hampered. Ordinary citizens gradually lose faith in the judicial process. From what we have witnessed in many countries around Asia, this leads persons to make use of extralegal avenues to settle their grievances. It is inevitable that the criminal justice system breaks down under these circumstances, and it is no easy task to restore it again.

It is this process of bullshitting--manipulation of information--that the Supreme Court tried to confront in the Best Bakery case, which stems from one of the greatest tragedies in the recent history of India. It began with an incident of a fire, which was manipulated to create the impression that there was a deliberate attack on the Hindus by Muslims. This manipulated information was used to ignite an organized political campaign, which included committing horrific crimes with the support of organized criminal elements. The ensuing violence in the state of Gujarat led to the death of over 2000 Muslims, as well as serious damage to the property of many others. This well-crafted crime soon came to the attention of the Indian and international community. The entire state of Gujarat came under severe worldwide condemnation.

This condemnation led to the second stage of information manipulation, which took place through subtle and secret forms of interfering with the investigation into the violence, followed later by interference into the prosecution as well. The entire criminal investigation procedure indicated an attempt to influence the outcome of the trials through ensuring an absence of evidence. As the Supreme Court remarked in its judgment, 'witnesses are the eyes and ears of a court'. If witnesses are prevented--through direct or indirect police action--from providing relevant information, the court is deprived of an essential component of the criminal justice procedure. Many persons who could have given details of what happened during the Gujarat pogrom were not interviewed and nor was all the material evidence gathered.

In fact, many witnesses were too intimidated to come forward. Among those who had come forward, some--such as Zahira, key witness in the Best Bakery case--retracted their initial statements. There was no witness protection mechanism in place by either the police investigators or the prosecution. Instead, the message sent to the witnesses was that they would be taking grave risks by speaking out.

The public prosecutors in Gujarat, as in many Asian countries, took this manipulated situation as an unavoidable circumstance and pleaded that the prosecution defects were due to the absence of evidence; what could they do if witnesses did not come forward to give evidence? They seem to have overlooked the principles of justice that allow prosecutors to question investigators about their submitted reports and to spotlight any flaws. The prosecutors also had an obligation to look into witness protection, especially after witnesses turned hostile. It was their responsibility to ask whether witnesses were told they would receive state protection or if practical measures were taken to protect those witnesses who did come forward. Prosecution officials genuinely committed to searching for the truth could do much to ensure that justice is served, including asking for the trial to be transferred to a more secure location and seeking the assistance of medical professionals in dealing with traumatized victims. If the prosecution is part of the process of manipulation however, it is enough to simply blame the witnesses and investigators.

In a similar manner, courts of law can also avoid responsibility by buying into the no evidence game. On the surface this can come across as impartiality, which is one of the basic requirements of the judiciary. To silently witness the investigation and prosecution's neglect of their basic duties cannot however, be claimed as impartiality. Instead, it indicates cynical partiality towards falsehood. To use the final power of the courts to declare the accused innocent on the basis of an inherently manipulated process is radically different from the basic function of the judiciary. It is unfortunate that political power often leaves the judiciary a silent partner to its crimes in many Asian countries. The courts before which the Gujarat massacres were tried were such partners.

India's Supreme Court could have easily taken part in this manipulation of information. It could have taken refuge under legal technicalities, such as a delay in the filing of appeals. Or, it could have reverted to the no evidence argument. Such decisions would cause little surprise, given the number of cases decided by apex courts throughout Asia in this manner. The Supreme Court of India however, firmly established that excusing the manipulation of information is not what courts are for, be they trial courts or apex courts. The Supreme Court took on the duty of a trial judge to actively participate in the trial before him. This involved questioning the retraction of witnesses, the absence of cross examination on the part of prosecutors and the faulty police investigation. Such questioning would make the court an intelligent umpire at the trial rather than a disinterested or passive recorder. Any disinterest or passivity is in fact only a façade; a judge cannot be truthfully unaware of the manipulated information that is being placed before the court. If the court wants to prevent an erroneous result, it will interfere with such manipulation.

The Supreme Court judgment in the Best Bakery case is of profound importance because the reality it tries to counter is common not only in India, but in many parts of Asia. Deliberately flawed trials conducted by the very institutions meant to ensure fair trial is a major threat not only to justice, but also to human security. The bullshitting of these institutions must be exposed by all concerned with justice as well as organized crime. While in many countries there is much talk and a few brave promises on defeating organized crime, in fact the issue has yet to be seriously addressed. It is simpler than usually imagined. The solution to crime does not lie in the streets. It lies in the justice process; in saving the criminal investigation process, the prosecution process and the subsequent trials from acquired habits--often institutionalized--in manipulating information.

Asian Human Rights Commission (AHRC)
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

Malegaon: more lies of the Anti-Terrorism Squad exposed

Pholsawngi's hundreds of Muslim and Hindu villagers stood up to vouch for Imam of Mosque, Maulana Mohammad Zahid's innocence from the allegations to fix bomb in Mushawarat Chowk of Malegaon By Abdul Haleem Siddiqui

Yavatmal, Dec 12: The conspiracy to implicate Muslim youth in Malegaon blasts case was unveiled when three hundreds worshipers of Pholsawangi village's mosque witnessed that "Maulana Zahid sahab was not only present among with us on 8th September but he also led all prayers up to the night of "Shab-e Bara'at". Morevoer, these 300 worshipers of the Pholsawangi Jama Masjid signed the affidavit of Kul Jamaati Tanzeem Malegaon (All Jamaat Malegaon Organisatin). The affidavit's copy was received at Urdu Times office today. The signature campaign by Pholsawangi's villagers came after Police alleged that Maulana Zahid is the person who fixed the bomb in the motorcycle on Friday, 8 September, at Mushawarat Junction in Malegaon. Maharshtra DGP Pasricha confirmed this police claim at his press conference at Mumbai on 27th October where he had said that "Noorul Huda and Raees Ahmad planted the bombs at two places in the graveyard, while the Mushwarat Junction's bomb was fixed by Mohammad Zahid Abdul Majid." Eight thousand villagers of Pholsawngi expressed their utter surprise at the statement of DGP Pasricha. The villagers said that they have "never found him anywhere anytime other than in the Masjid. How can he take part in such a dangerous act". Police allegation is not convincing as the distance between Pholsawngi to Malegaon is 520 kms and the journey between the two towns can only be covered in 12 to 14 hours by car/bus.

Maulana Zahid's 20-year-old wife Salma lives 6 kms away from Pusad (Dist. Yavatmal ). She filed an affidavit with the Pusad magistrate that Maulana was present in Pholsawangi on 8th September. She wrote in the affidavit that "we were married 14 months back. I was residing with him in the room of Mosque-cum-madarasa compound at ward no. 5. He never went outside the village. He didn't take a single pie dowry at the time of marriage and even marriage ceremony was held simply. And my husband's relatives didn't participate in the marriage because he didn't invite anybody.

" Salma not only failed to manage an advocate to fight this case due to poverty but she also could not travel to Mumbai to meet him after his arrest. Salma mentioned her penury and all details in her letter to Ulama and advocates of Kul Jamaati Malegaon Tanzeem (KJMT). At her appeal, KJMT sent a fact-finding team to this village to probe the case. The team comprised of Ulama, journalists and advocates. Today, this team announced the report and said that it has collected proofs of Maulana Zahid's innocence. The report includes affidavits of various important personalities which will be presented to the court if needed. the fact-finding team's members, Advocate Nihal and Advocate Momin Mujeeb said that a number of Hindu villagers too are witnesses of Maulana Zahid's presence in the Pholsawangi village on the blast day. The whole village considers him like an angel, they said.

Source: Urdu Times Daily, Mumbai, 13 December, 2006Translated Urdu by Anwarulhaq Baig

Cops killed Kausar Bi, admits Gujarat

New Delhi, April 30: In a shocking revelation, the Gujarat Government on Monday admitted before the Supreme Court that Kausar Bi, wife of fake encounter victim Sohrabuddin Sheikh, has been killed and her body burnt.

"She has been killed," Gujarat Government counsel K T S Tulsi and Hemantika Wahi told a Bench headed by Justice Tarun Chatterjee during the mentioning hours.

An Action Taken Report on the investigation, submitted in a sealed cover to the Court, said that the mortal remains of Kausar Bi was burnt.

The fact about the killing of the woman was disclosed during the custodial interrogation of the three IPS officers arrested in connection with the fake encounter of Sheikh on November 22-23, 2005.