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Need for high level judicial inquiry into death of Judge B. H. Loya

From: Concerned Citizens <constitutionalconduct@gmail.com>

December 2, 2017

Dear friends in the media,

Please find below an appeal to the Chief Justice of India and the Chief Justice of the Bombay High Court to institute a “high level judicial enquiry” into the controversial circumstances surrounding the death of Judge Brijgopal Harkishan Loya. The appeal cites the report on Admiral (Retd.) L.Ramdas’ request in this regard as also the opinions of Justice (Retd.) B.H.Marlapalle, formerly of the Bombay High Court and Justice (Retd.) A.P.Shah, former Chief Justice of the Delhi High Court on the need for a probe or enquiry.

Amongst the 32  signatories listed in the appeal are at least 10 officers who retired either as Secretaries to the Government of India or from posts in that rank, 4 former Ambassadors from the Indian Foreign Service, a former Chief Information Commissioner of a State Government, 2 former Chief Secretaries of State Governments, at least 4 officers of the rank of Additional Chief Secretaries and several others who retired at the rank of Secretary to State Governments or above. Almost all these officers were also signatories to an open letter written on June 10 this year in which they asserted that they had no political affiliations as a group but were bound only to the credo of impartiality, neutrality and commitment to the Constitution of India.

We will be grateful if you cover our appeal in print, digital/ social media or visual media.

December 2, 2017

The Honourable Chief Justice of India

The Honourable Chief Justice of the Bombay High Court

 

Honourable Chief Justices,

Please find attached a report about the request made by Admiral (Retd.) L.Ramdas to yourselves that a high level judicial enquiry be initiated into the controversial circumstances of the death of Judge Brijgopal Harkishan Loya. Justice (Retd.) B.H.Marlapalle, former judge of the Bombay High Court, and Justice (Retd.) A.P.Shah, former Chief Justice of the Delhi High Court, have also expressed the opinion that a probe or enquiry is needed.

We, the undersigned retired civil servants, would like to place on record our support for the request made by Admiral (Retd.) L.Ramdas to institute a “high level judicial inquiry” into this matter and urge you to take appropriate action for all the reasons mentioned in his representation. 

Yours faithfully,

1.    S.P. Ambrose, IAS (Retd.), former Additional Secretary, Ministry of Shipping and Transport, GoI.

2.    Ishrat Aziz, IFS (Retd.), former Ambassador to Brazil

3.    G.Balagopal, IAS (Retd.), former Resident Representative, UNICEF, North Korea

4.    Sundar Burra, IAS (Retd.), former Secretary, Govt. of Maharashtra

5.    Kalyani Chaudhuri, IAS (Retd.), former Additional Chief Secretary, Govt. of West Bengal

6.    Vibha Puri Das, IAS (Retd.), former Secretary, Ministry of Tribal Affairs,GoI

7.    Keshav Desiraju, IAS (Retd.), former Health Secretary, GoI

8.     M.G.Devasahayam, IAS (Retd.), former Secretary to Govt. of Haryana   

9.    Sushil Dubey, IFS (Retd.), former Ambassador to Sweden

10. K.P.Fabian, IFS (Retd.), former Ambassador to Italy

11. Meena Gupta, IAS (Retd.), former Secretary, Ministry of Environment and Forests, GoI

12. Deepa Hari, IRS (Resigned)

13. Dr. Sajjad Hassan, IAS (Retd.), former Commissioner (Planning), Govt. of Manipur

14. K. John Koshy, IAS (Retd.), former State Chief Information Commissioner, West Bengal

15. Ajai Kumar, Indian Forest Service (Resigned), former Director, Ministry of Agriculture, GoI

16. Arun Kumar, IAS (Retd.), former Chairman, National Pharmaceutical Pricing Authority

17. Harsh Mander, IAS (Retd.), Govt. of Madhya Pradesh

18. Aditi Mehta, IAS (Retd.), former Additional Chief Secretary, Govt. of Rajasthan

19. Sunil Mitra, IAS (Retd.), former Secretary, Ministry of Finance, GoI

20. Deb Mukharji, IFS (Retd.), former Ambassador to Nepal

21. Anup Mukerji, IAS (Retd.), former Chief Secretary, Govt. of Bihar

22. Alok Perti, IAS (Retd.) former Secretary, Ministry of Coal, GoI

23. N.K. Raghupathy, IAS (Retd.), former Chairman, Staff Selection Commission, GoI

24. Aruna Roy, IAS (Resigned)

25. Manab Roy, IAS (Retd.), former Additional Chief Secretary, Govt. of West Bengal 

26. Umrao Salodia, IAS (Retd.), former Chairman, Rajasthan State Road Transport Corporation, Govt. of Rajasthan

27. Deepak Sanan, IAS (Retd.), former Principal Adviser (AR) to the Chief Minister of the Govt. of Himachal Pradesh

28. E.A.S. Sarma, IAS, (Retd.), former Secretary, Department of Economic Affairs, Ministry of Finance, GoI

29. Dr.N.C.Saxena, IAS (Retd.), former Secretary, Planning Commission, GoI

30. Ardhendu Sen, IAS (Retd.), former Chief Secretary, Govt. of West Bengal

31. Dr. Raju Sharma, IAS (Retd.), former Member, Board of Revenue, Govt. of Uttar Pradesh

32. Jawhar Sircar, IAS (Retd.), former Secretary, Ministry of Culture, GoI, and CEO, Prasar Bharati

Report on Admir…s’ request pdf.pdf

Regarding Admiral (Retd.) L.Ramdas’ request

Former Navy Chief Admiral L. Ramdas has requested that a “high level judicial inquiry” into “mysterious circumstances” of the death of Brijgopal Harkishan Loya , the Special CBI Judge presiding over the trial of BJP President Amit Shah and several Gujarat Police Officers in the Sohrabuddin fake encounter case. In a letter addressed to Chief Justice of India Dipak Misra, Admiral L. Ramdas has requested that a “hig h level judicial inquiry” be immediately initiated.

Former Bombay High Court Judge, Justice (Retd.) B.H. Marlapalle, also has sought an SIT probe into the Judge’s death.

Former Chief Justice of Delhi High Court, Justice A.P. Shah had also recently spoken o ut about the allegations, opining that not enquiring into the allegations made by the family “would send a very wrong signal to the judiciary, particularly the lower cadre”. He had also expressed concerns over allegations of corruption, as Judge Loya was a llegedly offered a bribe of Rs. 100 crore.

Full text of Admiral L. Ramdas’s letter.

Dear Hon Chief Justice of India,

NEED FOR A SPECIAL JUDICIAL ENQUIRY TO INVESTIGATE INTO THE SUDDEN DEATH OF JUSTICE LOYA

All Democracies exist and survive on three main pi llars – namely the Executive, Legislature and the Judiciary. Freedom from British rule, was won after a prolonged struggle and The Indian Constitution was evolved after nearly two and a half years of debate in the Constituent Assembly, and passed on 29 Nov ember 1949 and India became a Republic on 26 January 1950. Our Constitution became effective. This one and only holy book which matters, subscribes to the above concept of our Democracy, wherein all our citizens are considered to be equal in the eyes of th e law.

This is all the more important when a CBI judge, Justice Loya, specially appointed by the CJI of the Mumbai High Court to investigate the murder of Sohrabbudin , dies under mysterious circumstances while on a visit to Nagpur. The silence of the two judges who apparently persuaded the late Judge Loya to travel to Nagpur, and accompanied him, is disturbing to say the least. The inaction of the judiciary about this sequence of events thus far is indeed surprising. This is all the more puzzling in the co ntext of the recent revelations by family members of the late Justice Loya, who have raised certain questions, apprehending foul play in the circumstances leading to his sudden death.

A judicial probe at this point, at least to respond to the queries raise d by the family, and to uphold the image of the judiciary in the eyes of the people of India, is absolutely necessary. As a former Chief of the Indian Navy, I feel strongly that it is critically important to clear any doubts about this entire incident. The refore , in the larger interests of the nation and its people, and above all in upholding the Constitution of India and the image of our entire legal system, a high level judicial enquiry be initiated immediately .

http://www.countercurrents.org/2017/11/28/admiral – ramdas – requests – judicial – enquiry – into – judge – loyas – mysterious – death/


Lalita Ramdas

We either win this war to save our land, or we will be exterminated, because we have nowhere to run to.Ken Saro Wiwa–

`LARA’ – Ramu Farm,
Village Bhaimala,
PO Kamarle,
Alibag-402209
Raigad Dist, Maharashtra, INDIA

Phone: +91-2141-248711
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From The Indian Express
We the people

Babri demolition, 1992, involves us all. It was an attack on idea and promise enshrined in India’s Constitution.

Babri Masjid demolition, Babri masjid case, Prakash karat,“I was part of the political leadership that could see that concerted attempts were being made to pose a challenge to the “secular consensus” by the BJP.”

From the vantage point of the 25th anniversary of the Babri Masjid demolition, I can only marvel at the gargantuan shift in the fundamentals of the nation. Beginning from somewhere in the middle 1980s, I have seen the striking change in political developments significantly altering the spirit and the structures on which Indian nationalism had been founded. The political conjuncture of the years, 1989-92, constitutes a moment of rupture in contemporary Indian history. At one end, it saw the complete collapse of the “consensus” which was considered to be enshrined in secularism, socialism and a plural democratic polity.

And on the other end, we saw the triumphant rise of a Hindu right which has culminated as the most dominant force in the political discourse of present-day India. Beginning in the late 1980s, Indian politics has seen the sudden rise of the Bharatiya Janata Party (BJP) and the ascendance of a Hindu nationalist ideology. Moving from two to 85 parliamentary seats between 1984 and 1989, the Hindu right-wing party was catapulted onto the national political map, where it remained as the ruling party at the national level until May 2004. In a majority since 2014, it has posed the most comprehensive challenge to the secular-socialist fabric in India’s post-Independence history.

I was part of the political leadership that could see that concerted attempts were being made to pose a challenge to the “secular consensus” by the BJP and its ideological affiliates from the Sangh Parivar. I distinctly remember that in the National Integration Council meeting held days before the unfortunate demolition, L.K. Advaniji had assured the members that nothing shall happen to the mosque. In view of the massive communal-sectarian mobilisation all over north and western India, some of us had no reason to believe his words. In fact, we urged the Central government to send the army to Ayodhya-Faizabad. However, the then Central government apparently went by the assurance of BJP veterans and thus a 400 year-old mosque was demolished 25 years ago in 1992.

This event also initiated a new phase of sectarian violence and the targeting of the minorities, especially Muslims, in several cities across India. As the then chief minister of Bihar, I knew my priorities, and the combined strength of the people, administration and political will made sure that no episode of violence was reported in the state. However, the demolition constituted the first event that unequivocally conveyed that it was not simply an onslaught on a mosque but on the very idea of the rule of law upheld by a republican constitution.

In order to have a comprehensive understanding of why the Sangh Parivar and its outfits decided to go for mass mobilisation in the name of the Ram temple at Ayodhya, we need to look at August 1990 as the watershed moment for the backward and vulnerable sections of Indian society. The implementation of the Mandal Commission recommendations in 1990, providing for affirmative action for OBCs and the violent battles fought around the same, aimed at permanently altering the narrative of Indian politics. We could see the consolidation around this event, and a wide range of political parties articulating the concerns of Dalits and backward castes emerged as significant players in Indian politics. The assertion of backward classes rattled the Sangh Parivar which took inspiration from the exclusivist Manuvadi paradigm of M.S. Golwalkar conveyed through his book Bunch of Thoughts.

They knew at the core of their hearts that the subaltern consolidation across India in the wake of the Mandal commission’s implementation shall provide them with no space in the political arena. Thus, orchestrated campaigns like the shila pujan were a desperate attempt to counter the challenge posed by the awakening of the poor and the downtrodden. The mobilisation had nothing to do with Lord Ram, the Maryada Purushottam, but was meant to thwart the consolidation of the backward classes post-Mandal and stay relevant in politics by mixing faith with politics. They were partially successful when, following the destruction of the Babri mosque (1992), the Bombay riots (1993) and the establishment of a BJP-led coalition government (1998) soon followed.

However, India in 2017, after two decades and-a-half appears significantly changed from the India of 1992. During the ‘90s, we saw that the majoritarian mobilisation stood in strong contrast to the democratic churning of diverse, erstwhile marginalised groups on the political map. It was also observed that extremist forces, despite their capacity to wreck the social equilibrium on emotive issues, remained peripheral to India’s basic socio-political fabric firmly grounded on a well-entrenched pluralistic ethos. Though the 1992 Babri masjid demolition was illustrative of attempts to divide Indians on a singular identity, that is, religion, the political forces that spearheaded the campaign for Hindu consolidation remained peripheral in India, which was reflected in the loss of the BJP in the 2004 general elections and the subsequent victory of the United Progressive Alliance (UPA) in 2009.

What is most worrying about present-day India is that there is a marked shift in the political discourse, where there is not only greater acceptability of the idea of a “majoritarian homogenous cultural nationhood” but also the relegation of minorities and other vulnerable groups to the status of “non-citizens”. The brazen forms of majoritarian violence being unleashed on the people and communities on the margins through mob lynchings, cow vigilantism and religious assertions by the majority, are reflective of the transition India has undergone from the 1990s to the post-2014 political landscape.

This transition is also reflected in the political discourse. The entire discussion over the demolition of the Babri masjid has been repositioned as merely a dispute between two communities and a title suit over the land where the Babri masjid once stood. As somebody who has lived through these turbulent phases of history, I believe we must not hyphenate the Babri masjid demolition with Muslims alone. It was an attack on the very idea of “We the people”, the opening lines of our Preamble.

We are standing at a juncture in Indian democracy that might head towards the severe erosion of its pluralist character if we do not re-build a consensus all over again — that differences in opinion, faith, values, beliefs, and attitudes have to be accommodated and appreciated rather than suppressed. Twenty-five years later, the demolished medieval mosque seeks an answer from all of us: Will the India of Bapu’s dreams remain, or will it succumb to pressures from the ideology that assassinated him?

The writer is national president of the Rashtriya Janata Dal and former chief minister of Bihar.

 

UN Treaty on the Prohibition of Nuclear Wepons

SANSAD News-release November 26, 2017

Canada Should Sign the Nuclear Ban Treaty

A screening of the new documentary on the devastating effects of nuclear weapons testing in Kazakhstan and the US, “Where the Wind Blew” was held at SFU Harbour Centre, Vancouver on November 24. The film was introduced by Dr. Jennifer Simons, founder and President of The Simons Foundation and followed by a panel of experts comprising Alimzhan Akhmetov, founder and director of the Centre for International Security and Policy, Astana, Kazakhstan, Paul Taylor, former Canadian Ambassador and Permanent Representative to the United Nations and the Conference on Disarmament in Geneva, and M. V. Ramana, Simons Chair in Disarmament, Global and Human Security at the Liu Institute for Global Issues, UBC. The event was organized by The Simons Foundation and the Institute for the Humanities, SFU, and was supported by SANSAD.

The following call to the Government of Canada to sign the Nuclear Ban Treaty was presented by Chin Banerjee, President of SANSAD and endorsed by people gathered for this event:

VANCOUVER DECLARATION ON THE NUCLEAR BAN TREATY

A Call on Canada to sign the UN Treaty on the Prohibition of Nuclear Weapons

We, the undersigned citizens of Canada gathered in Vancouver, BC on November 24 to discuss the devastating consequences of the testing, development and use of nuclear weapons at this time when the world is facing the most urgent threat from the deliberate or accidental employment of these weapons, call on the Government of Canada to sign the UN Treaty on the Prohibition of Nuclear Weapons.

The Ban Treaty has been agreed upon by the majority of the world’s nations and opened for signature on September 20th, 2017 despite the opposition of all nuclear-weapons possessing states and their military allies.  We understand that, though neither possessing nor developing nuclear weapons, Canada has opposed the treaty because of its military alliances, compromising its long-held goal, shared with the global community, of a world without nuclear weaponsWe urge Canada to sign the treaty to add its voice to the considerable moral force of the treaty against the catastrophic humanitarian and environmental consequences of the continued development and potential use of these weapons of mass destruction.

 

We believe moral force is a great power in defense of humanity. By signing the Ban treaty Canada will not only strengthen this force in the world but also show its commitment to the elimination of nuclear weapons and in good faith work to end NATO’s reliance on nuclear weapons and in order that NATO conforms both with the NPT and the Ban Treaty. Canada will then be able to join and lead other signatories in the further goal of a nuclear-weapons free world.

—thirty—

South Asian Network for Secularism and Democracy, sansad.org

Ambedkar’s search for liberty, equality and fraternity

The house on Primrose Hill
Ananya Vajpeyi OCTOBER 13, 2017

AMBEDKAR

13THAMBEDKAR
The search for freedom can take many forms that need not be overtly ‘political’. | Photo Credit: T. Singaravelou
Underlying Ambedkar’s crusade to annihilate caste was a fundamental desire for freedom

On October 14, 1956, Dr. B.R. Ambedkar converted to Buddhism during a massive public ceremony held in Nagpur, at a place thereafter named Deeksha Bhoomi. He took Buddhist vows in order to reject his Hindu birth at the very bottom of the caste order, and because, as he declared: “I like the religion that teaches liberty, equality and fraternity.” More than 400,000 people, most of them born Dalit, underwent the conversion, along with him, on that historic day 61 years ago.

The blue plaque
In the London borough of Camden, on Primrose Hill, No. 10 King Henry’s Street is a townhouse that bears a round blue plaque, announcing its historical significance: “Dr. Bhimrao Ramji Ambedkar, 1891-1956, Indian crusader for social justice, lived here 1921-22”. On an evening in late September as I stood on the sidewalk looking at the building – bought by the government of Maharashtra in 2015, but yet to be opened to the public as a museum – I thought about what that house represented.

Ambedkar lived there as a boarder during his final years as a graduate student. He was over 30, married since he was 17, with a young wife and a small son back home in Bombay. He and his wife had lost two children in infancy. He had resigned his position as the Military Secretary to the Maharaja of Baroda, breaking a bond of 10 years of service in exchange for a scholarship to study abroad from 1913 to 1917. This displeased both the Baroda Maharaja as well as other powerful persons in Bombay, but Ambedkar was determined to complete his studies overseas, even at his own expense.

From 1918 to 1920 he taught political economy at Sydenham College, and saved money to return to England. He was now racing to complete a doctorate at the London School of Economics — his second PhD after the one he got at Columbia University in New York — as well as a law degree at Gray’s Inn, London, before he ran out of time and funds.

According to his biographer Dhananjay Keer, Ambedkar lived a frugal, penurious life in those years, braving hunger, poverty and loneliness to gain extraordinary educational qualifications. He read voraciously from morning to night at the British Museum Library, the India Office Library and the University of London Library. He was forced to borrow money from his Parsi friend Naval Bhathena. After he had earned his American and British degrees, he proceeded to Bonn, in Germany, to study even further. Only when he had exhausted his savings in 1923 did he head back to India, where his double career in law and politics began in earnest.

The thought of the hardship that Ambedkar withstood to equip himself with impressive academic titles brought me back to the very same house again the next morning. It struck me that the house memorialises not just another passage in Ambedkar’s early life, but rather, his profound desire for freedom. He wanted freedom from caste, from humiliation, from racism, from colonialism — from every kind of discrimination whether in India, America or England, that he had experienced throughout his life.

Knowledge sets you free
“Sa vidya ya vimuktaye,” runs an ancient Sanskrit verse fragment that Indian schools and universities sometimes use as their motto – “whatever liberates, that is knowledge”. I have always understood Ambedkar’s revolt against caste as a quest for equality and justice. I perceived his drive to become more educated than his privileged, upper caste, nationalist elite contemporaries as an effort to overcome the stigma of his ‘untouchable’ birth. But for the first time I saw that underlying his crusade to annihilate caste, including through hard-won personal achievements, was a fundamental desire for freedom.

The search for freedom can take many forms that need not be overtly ‘political’. In a piece in The New York Times on September 15, the Arab writer Mansoor Adayfi, a former detainee at Guantánamo, describes how prisoners longed to catch a glimpse of the sea all around them, that they were debarred from seeing. Adayfi’s essay is moving in how it conveys the human longing for freedom, which seems to run even deeper than our cultural identities and political circumstances, to be hardwired into our very souls.

After years of denying prisoners the sight of the sea, camp authorities took down the barriers for fear of a hurricane approaching Cuba. For a few precious days, there was an eruption of art, poetry and creative expression among the inmates. On seeing the reactions of his fellow prisoners, many of them Afghans who had never seen the sea, Adayfi understood that “the sea means freedom no one can control or own, freedom for everyone. Each of us found a way to escape to the sea.”

Freedom song
Closer home, the Tamil novelist Perumal Murugan, hounded by right-wing critics for writing about his own Gounder community, has penned a number of poems. Some of these are addressed to the local deity, Madhorubagan (Ardhanaarishwara, a half-male, half-female fusion of Shiva and Parvati). Others are themed on the five elements (pancha-bhuta) as also the landscapes, flora and fauna of his native Kongu Nadu, a part of the broader Tamil region. His use of the dialect of this area heightens the authentic flavour of his poetry. The palm tree (Palmyra or Toddy Palm, panai maram in Tamil) is for him emblematic of home and roots.

In a decision revealing a keen and canny aesthetic imagination, Murugan has gifted his poems to the Carnatic vocalist T.M. Krishna, who has been tuning and releasing them of late. The singer gives a voice to his writer friend who has had to endure censorship and intimidation to the extent of committing “authorial suicide” for a period of time.

Together they protest the repeated attack on the freedom of expression — the deadly threat that took the life of Gauri Lankesh. Krishna’s gesture of solidarity beautifully breaks the silence, amplifying Murugan’s call for free speech and his assertion of the right to dissent in a democracy.

In the course of an on-going engagement with Krishna’s music and ideas, I have been following Murugan’s poetry in translation. His viruttams (shlokas in Tamil) express anguish to his beloved deity Madhorubagan, asking for protection and acceptance. His kirtanas to the elements celebrate the very land and language that have inspired and nurtured him. He takes comfort in nature and verse as he experiences alienation and injustice from his fellow caste-members and their bellicose backers in the Hindu Right.

One of Murugan’s most vivid compositions is a kirtana to the wind, “Kaatru”. Krishna has set this to the winged raga Nalinakaanti, conveying the swift, airborne quality of the subject. The poem is about the unbridled force of the wind, that can never be tamed or controlled, that goes where it pleases, touches whom it likes, wipes away boundaries and divisions, tears down walls and obstructions, and sweeps across the earth unimpeded. Murugan’s words, carried aloft on Krishna’s tune, make the wind a metaphor for the freedom that is denied to him as a writer in an illiberal dispensation.

The wind is nothing other than life’s breath – without breath, as without freedom, there is only death. “You are a being of untold freedom,” writes Murugan, sings Krishna. The yearning of the censored and banned artist Perumal Murugan – of every person whose freedom is snatched away, regardless of her story or situation – flows perfectly in Krishna’s voice, imbued with his special note of compassion. You can hear the unmistakable timbre of empathy that Krishna brings to bear on art and politics alike.

Like knowledge for Ambedkar, like the sea for Adayfi, like the wind for Murugan, the longing for freedom is synonymous with our very existence as feeling, thinking human beings. We must seek that freedom, and to survive, we must find it, whatever the impediments in our path. To deny us freedom is to deny us life. At the house on Primrose Hill, I could see through the window a banner hanging inside. It carried Ambedkar’s declaration explaining why he chose Buddhism over Hinduism: “I like the religion that teaches liberty, equality and fraternity.” Freedom is first on his list.

Ananya Vajpeyi is currently a Visiting Fellow at the Centre for Research in the Arts, Social Sciences and Humanities at Cambridge University
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