Blankets (500) in the villages of Gwalpara Distt. Assam
"Terrorism and Justice"
at Khalsa College, Mal Road, Delhi
on April 27, 2008
By All India Milli Council
Condemnation of Politics of Fear: While strongly deploring terrorism, All India Milli Council (AIMC) condemns the politics of fear and expresses concern over the growing fear, insecurity and uncertainty in the wake of the reports of detention, ill-treatment, harassment, torture, custodial death and police 'fake' encounter of persons belonging to minorities and other weaker sections of the Indian society. At the same time it also deplores any attack targeting civilians and any other indiscriminate attack, but maintains that ordinary criminal laws sufficiently enable the authorities to deal with these crimes.
Release of TADA/ POTA Detainees: AIMC urges the UPA Government at the Centre to drop all cases under erstwhile laws TADA and POTA and immediately release all individuals held without charges under its provisions unless in those cases where it decides, expeditiously, to transfer them to ordinary courts to face ordinary criminal charges and even in such cases, continued detention should be the exception rather than the rule, and trials must meet international standards of fairness, and time spent in detention should be counted towards time served; trial, conviction and sentences imposed in cases already completed must be reviewed in light of the provisions and requirements of ordinary criminal laws and of international standards of fairness.
Review of POTA Cases: While appreciating the UPA to fulfill on September 21, 2004 soon after coming to power one of its key election pledges to repeal POTA and amend existing laws in recognition that POTA had been used to target political opponents, minorities and marginalised sections of the Indian society, AIMC demands to see whether its commitment to complete, within a year, its review of cases pending under POTA has been fully fulfilled or not; and also deal firmly with the situation arising out of a number of state governments, including Gujarat, contending that state prosecutors had the powers to reject the review committees' recommendations to drop POTA charges in key cases.
Representation of Minorities in Police/ Investigating Agencies: AIMC urges the government to improve the general conditions in the prisons as per the international standards and demands the government to give appropriate representation to different minorities in police and investigating agencies.
Committee to Probe Police Encounters: AIMC demands the government to ensure the guidelines issued by the National Human Rights Commission (NHRC) on December 2, 2003 in the encounter killings are being honoured fully by the law enforcing agencies; dependants of fake encounters must be provided with compensation and jobs, and institute an enquiry committee comprising legal luminaries representing different communities to prepare a comprehensive report on the police encounters in the wake of the reports of the alleged fake cases, and if encounters are found to be fake, entrust the case to the People Movement of India (PMI), an NGO, to move a PIL in the Supreme Court.
Apology for Harassing Innocent Persons: AIMC demands the government to first get a clean chit from health experts, including doctors and psychologists in case of innocent persons released after detention and pay compensation for loss of dignity and image as well as mental and physical agonies and character assassination, and then declare them innocent and apologise through a public announcement in newspapers and gazettes.
Stopping Practice of Harassing Detainees' Family Members: AIMC urges the government to stop practice of harassing and detaining family members, especially women when an individual is under trial.
Govt Ratification of UN Convention against Torture: AIMC urges the government to ratify UN Convention against Torture and enact national law against torture.
Expediting Process of Finalising Cases: AIMC demands the government to expedite the process of finalizing cases shortly because justice delayed is resulting into justice denied.
Withdrawal of UP/ MP Bar Associations Resolutions: AIMC urges the lawyers to play the roles of counsels instead of becoming themselves judges and asks the bar associations in different parts of Uttar Pradesh and Madhya Pradesh to withdraw the resolutions prohibiting lawyers to counsel for the accused related to the cases of terrorism, including the alleged activists of the banned SIMI.
Overseeing Smooth Functioning of SIT by Centre: AIMC urges the central government to oversee the smooth functioning of Special Investigative Team (SIT) formed under the Supreme Court orders and stop immediately misleading of SIT by the state government and its machineries and remove incredible police officers.
Cases of Disappearing Persons, Illegal Cremations and Unidentified Graves: AIMC demands the government to probe the reports of a large number of disappearing persons, illegal cremations of Sikhs in Punjab and unidentified graves of Muslims, particularly in Uri area of Jammu and Kashmir and also Gujarat in order to conceal the crime and prevent individual identification.
Constitution of a Commission on Terrorism and Justice: AIMC demands the Central Government to constitute a Commission, headed by a retired Supreme Court Chief Justice and comprising retired SC and High Court judges, to look into the matter connected with terrorism and justice for last ten years within a stipulated time by holding public hearings in different parts of the country.
One-sided Reports in Media: AIMC urges media, both print and electronic, to play an independent and objective role of the fourth pillar of India's Democracy because most of the reports that appear with regard to the alleged activists of banned SIMI or other groups are only police versions.
Entrusting PMI to Collect Data on Detention/ Harassment: AIMC requests the PMI to collect information on the detention, harassment, torture, custodial death and police 'fake' encounter of persons belonging to minorities and other weaker sections and get it published in its periodical and elsewhere and look into one-sided reports appearing in the media on the basis of police versions, and also work as a pressure group towards the elimination of all kinds of violence against them.
Justice A M Ahmadi's Inaugural Address
Dr M Manzoor Alam's Keynote Address
Document on Terrorism and Justice
Jogabai, Jamia Nagar, (Okhla) New Delhi-110025
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