New Delhi: Making a strong protest against "targeting" of Muslim youth, a convention here on Saturday demanded repeal of Unlawful Activities (Prevention) Act, 1967 and lifting of ban on Students Islamic Movement of India (SIMI). The convention also demanded compensation for all persons acquitted of terrorism charges, prosecution of official responsible for their prosecution and a comprehensive review of all pending terrorism cases by a sitting Supreme Court judge.
Inaugurating the convention, Justice Rajinder Singh Sachchar, former chief justice of Delhi High Court, termed UAPA and sedition laws undemocratic and demanded their repeal.
"No democratic country should have UAPA and sedition laws which hit at the basic freedoms of life, liberty, expression and association. Repeated ban on SIMI is a direct assault on freedom of association", he said.
Recalling Maulana Azad, Justice Sachchar said that he prided in being a Muslim and an Indian. "Muslims are equal citizens of this great country and their patriotism cannot be questioned. They are entitled to have pride in being Muslims and Indians and cannot be subjected to any suspicion or explanation", he said.
Opposing the continued ban on SIMI, Ejaz Ahmad Aslam, Secretary, Jamaate Islami Hind said that it was completely unjustified and illegal. He said, "Appeals against the ban on SIMI are pending in the Supreme Court for more than 10 years now. In the circumstances, continued ban on SIMI was atrocious as the government has not shown any interest in getting the appeals heard by the Supreme Court".
Ravi Nair, Executive Director, South Asia Human Rights Documentation Centre, demanded that intelligence agencies, especially Intelligence Bureau, must be organised by a statute clearly stating their mandate accountability for ensuring rule of law.
He said, "Intelligence Bureau should be governed by a statute ensuring parliamentary control and their accounts should be subjected to audit by the Comptroller and Auditor General of India (India)"
Terming UAPA a blot bigger than TADA and POTA on the country's reputation, Dr. Mohammad Manzoor Alam demanded its repeal. He said that the Unlawful Activities (Prevention) Amendment Bill, 2011, currently pending in the parliament, should be withdrawn "as the first step".
Demanding that SIMI be allowed to function within constitutional and democratic framework of the country, the resolution adopted at the convention said," The continuous ban on the Students Islamic Movement of India (SIMI) since 2001 is unjustified, illegal and unconstitutional. Similarly, the declaration of SIMI as “terrorist organization” is also without basis. The ban on SIMI must be lifted immediately and its name should be removed from the schedule of “terrorist organisations” of the UAPA."
Many victims narrated their stories in the conventions. They said that police in such cases files extraordinarily bulky chargesheets and cites hundreds of witnesses and make every effort to delay trial in these cases. They also alleged that police implicates such persons in multiple case so that such persons are not able come out of jail for years together.
All India Milli Council released an around 500-page report entitled “Scapegoats” documenting stories of people who were acquitted by courts. Milli Council also realeased a list of 300 cases where Muslim youth have been implicated.
Mohammad Aamir Khan, who was framed in 1998 in 21 blasts by Delhi, Uttar Pradesh and Haryana police, said that police deliberately frames innocent persons in multiple cases with a design.
He said, “Police implicated me in 21 bomb blasts which was more than the number of years of my age. I was only 18 and I had to remain in jail for 14 years before my acquittal in 18 cases while my appeals against 2 cases are still pending in Delhi High Court.”
Decrying police and intelligence agencies for launching witch-hunt and foisting false cases on innocent Muslim youth, the convention demanded that hearing in terrorist offences must be held on day-to-day basis. The resolution demanded stopping of “harassment, illegal detention and torture of innocent Muslim youth” and punishment for guilty police officials. The resolution also opposed arresting powers to the proposed National Counter Terrorism Centre.
Resolution
1. This national convention condemns systematic campaign aimed at demoralizing Muslim youth and others. This national convention resolves to ensure protection of Muslim youth and those belonging to other minorities and weaker sections as a whole---socially, morally, economically, legally etc as enshrined in the Constitution of India.
2. All unjust and undemocratic laws impinging upon right to life, liberty, expression and association must be repealed forthwith. Laws on sedition must be repealed immediately.
3. Unlawful Activities (Prevention) Act, 1967 (UAPA) is a black law. Its presence in the statute book is blot on the country- bigger than TADA and POTA. Its draconian provisions and their abuse against Muslims, Tribals and other weaker sections of society has attained menacing proportions. UAPA must be repealed immediately.
The Convention calls upon the government to withdraw Unlawful Activities (Prevention) Bill, 2011, immediately, as the first step.
The Convention emphasizes that all anti-terror and other drastic legislations should only be emergency legislations and should not be put on the statute books permanently. They must be subjected to periodic review.
4. The continuous ban on the Students Islamic Movement of India (SIMI) since 2001 is unjustified, illegal and unconstitutional. Similarly, the declaration of SIMI as “terrorist organization” is also without basis. The ban on SIMI must be lifted immediately and its name should be removed from the schedule of “terrorist organisations” of the UAPA. SIMI must be allowed to function within the constitutional and democratic framework of the country.
5. Harassment, illegal detention and torture of innocent Muslim youth and those belonging to other communities in the name of fighting terrorism must be stopped. All police and intelligence officials involved in foisting false cases must be prosecuted and punished expeditiously.
6. Intelligence agencies must have a statutory act ensuring parliamentary control and accountability including audit control by the Comptroller and Auditor General of India (CAG). Further, no intelligence agency, including proposed National Counter Terrorism Centre (NCTC), should be given powers to arrest.
7. All pending cases involving alleged terrorist offences must be subjected to a comprehensive review by a sitting judge of the Supreme Court. The commission should also include cases of harassment, illegal detention and false implication.
8. Prosecution of all cases under now-defunct TADA and POTA must be closed.
9. All pending cases involving alleged terrorist offences must be expeditiously disposed of by ordering their hearing on day-to-day basis.
10. Compensation should be awarded mandatorily to all persons acquitted of terrorist offences.
11. A comprehensive law providing for reparation for victims and punishment for wrongful prosecutions must be enacted.
This convention decides to launch a campaign named “Movement for Justice” for taking forward the above demands and to secure justice, social, political and economic, for all.
