‘A Mere Coincidence?’: Why BJP Ally JD(U) Remained Absent From the Bihar Assembly

It was perhaps for the first time in the history of the Bihar assembly that the ruling party’s legislators didn’t turn up, forcing the BJP speaker, Vijay Kumar Sinha, to adjourn the assembly proceedings.

Patna: In an unprecedented move, legislators of the Bharatiya Janata Party’s (BJP) ally – Janata Dal (United) – remained absent from the Bihar assembly in the second half of the session on June 28, Tuesday, triggering speculations whether all is well within the National Democratic Alliance (NDA).

It was perhaps for the first time in the history of the Bihar assembly that the ruling party’s legislators didn’t turn up, forcing the BJP speaker, Vijay Kumar Sinha, to adjourn the assembly proceedings.

However, JD(U) termed this as merely a coincidence.

Sudarshan Kumar, JD(U) MLA, told The Wire, “I was in the assembly till lunch break. I left for my assembly area soon after lunch time to attend a funeral. I don’t know if such a thing happened.”

Another JD(U) MLA and minister Sunil Kumar told The Wire, “I was in the assembly till 2 pm. There were few more JD(U) MLAs as well. I can remember two to three fellow legislators [who were present there]. At around 2:20 pm I was called at the Council for passing an amendment.”

“When I came back at around 3 pm, the House had already been suspended. There was no call for boycott from my party. I left the assembly because of a proposed amendment at the Council. That’s it,” he said,

JD(U) MLA Dr. Sanjiv said, “It can be just a coincidence that all the JD(U) MLAs and ministers were not present in the assembly. I was not present due to an urgent meeting.”

The five-day monsoon session – which began on June 24 – saw Opposition leaders protesting against the Union government’s armed forces recruitment scheme, Agnipath.

Opposition MLAs on June 28 demanded an adjournment motion against the Agnipath scheme. However, speaker Sinha turned down their demand and the Opposition decided to boycott the session after the second half.

Leader of Opposition and Rashtriya Janata Dal (RLD) chief, Tejashwi Yadav, told the reporters, “We have demanded a debate on the Agnipath scheme but the speaker turned it down saying it is the central government’s scheme, so no debate can happen in the assembly. The speaker should be impartial.”

Eevn on the final day of the monsoon session on Thursday, June 30, uproar over Agnipath by the Opposition caused adjournment of the Bihar assembly within minutes of commencement of proceedings.

Also read: Bihar: RJD Poaches Four AIMIM MLAs, Becomes Single-Largest Party Again

Why JD(U) ‘boycotted’ the assembly

According to party sources, the JD(U) leaders skipped the post-lunch session on June 28 to boycott a debate proposed by the BJP on the “best legislator.” However, some sources also claimed that denial of discussion on the Agnipath scheme too had played some role.

On June 27, Monday, the BJP had proposed to discuss who was the “best legislator” in the Bihar assembly. However, chief minister Nitish Kumar expressed reservations over the proposed debate, saying that the “best legislator” can be selected by forming a committee. Therefore, there’s no need for such a discussion in the assembly.

On June 28, speaker Sinha had scheduled a debate on the election of the best legislator after lunch break, however all the JD(U) MLAs skipped the post-lunch session.

The Opposition – RJD, Congress and the Left – had already walked out of the assembly over the Agnipath scheme.

In the second half of the session, only 35 BJP MLAs were present, due to which the speaker had to adjourn the assembly.

Expressing disappointment over JD(U)’s absence in the assembly, speaker Sinha said, “I don’t know why most of the JD(U) members were not present. The issue which was to be debated, it was not going to harm any party.”

A JD(U) source said on June 27 that the speaker sought the support of the members by announcing separate chambers for MLAs in each block and district offices, which was objectionable and was an intrusion into the government’s jurisdiction.

“Though objections to the announcement of the best legislator’s selection was seen as the major reason for boycott of the assembly, the role of the Agnipath scheme cannot be denied. We got information that JD(U) had sent feelers to the speaker to allow discussion on the scheme but it was denied,” senior journalist Dipak Mishra told The Wire.

JD(U)’s stand on Agnipath scheme

The party has been critical of the Agnipath scheme since the day it was announced by the Narendra Modi-led government. The announcement of the new military recruitment scheme had sparked protests and violence across Bihar among other states. Several trains were set on fire. BJP offices were vandalised and its leaders chased.

So, it appears that the undeclared boycott of the assembly by JD(U) legislators was also a result of the speaker’s rejection of their demand to discuss the Agnipath scheme.

On June 16, JD(U)’s national president and MP Rajiv Ranjan (Lalan) Singh had tweeted, “Due to the announcement of the Agnipath scheme, the fear of dissatisfaction, despair and bleak future (unemployment) is clearly visible in the minds of the youth and students of the country, including Bihar. The central government should immediately reconsider this scheme because it is also related to the defense and security of the country.”

An old feud

This is not the first time when chief minister Nitish Kumar and speaker Vijay Kumar Sinha had disagreements over an issue in the Bihar assembly.

In March this year, the two shared a heated exchange of words over the investigation of the Lakhisarai case. During the question hour, Nitish had accused Sinha – who is the BJP MLA from Lakhisarai – of “unconstitutional conduct.”

Mishra said, “The relationship between Nitish Kumar and Vijay Kumar Sinha is still sour. It’s visible in the assembly that both are uncomfortable with each other.”

From Uddhav Thackeray’s Man on Ground to a Rebel, What’s Next for Eknath Shinde

From moving to Surat with Sena rebels to announcing his chief ministership, Shinde has been making the first moves. However, he still has to fight legally against his disqualification.

Mumbai: At every step, Eknath Shinde continued to be ahead. From deciding to launch his sudden rebellion against the outgoing Maha Vikas Aghadi (MVA) government on June 21, to finally announcing that he would be the new chief minister of Maharashtra, Shinde always made the first move. The former chief minister and Shiv Sena party chief, Uddhav Thackeray, was merely responding to his moves.

Shinde first moved to Surat, along with 16 MLAs, all considered to be his close confidantes. Arrangements were made for their stay and the local Bharatiya Janata Party (BJP) leaders were seen making frequent visits. This, even when the BJP leaders both in Maharashtra and in Delhi claimed that they had no role in Shinde’s dissidence. When the situation began to tense up, they were all flown to Assam, another BJP-led state.

In Guwahati, the state chief minister Himanta Biswa Sarma visited Shinde at the five-star hotel, Radisson Blu. By then, the number of rebelling MLAs had grown to over 40. The number further rose, and Shinde claimed that his camp had the support of 55 MLAs, which included Sena, other smaller parties and a few independent MLAs.

While congratulating Shinde on the new position, Nationalist Congress Party chief Sharad Pawar on June 30 commented on the BJP’s claims that it had nothing to do with the Maharashtra political crisis. In a press conference, he told reporters, “I congratulate Eknath Shinde on his new responsibility. He showed the power of taking such a large number of MLAs to Guwahati. He inspired people to quit Shiv Sena. I don’t know if it happened earlier. But it didn’t happen without preparation. Otherwise, Surat, Guwahati can’t happen so quickly.”

Around the same time, the Supreme Court had on June 29 refused to intervene against the governor’s decision to call for a floor test and Thackeray subsequently quit as the state chief minister. Meanwhile, Shinde and his camp had already moved to Goa, another BJP-run state. Thackeray’s resignation was meted with celebrations in the BJP and among Shinde’s faction, too.

On June 30, Shinde finally returned to Mumbai after 10 days and addressed the press with former state chief minister Devendra Fadnavis on his side. It was announced that Shinde will be the state chief minister and Fadnavis, along with the BJP’s 105 MLAs, will extend support from outside.

Within hours, the senior party leaders in Delhi announced that Fadnavis has shown “large heartedness” and now is a part of the new government. While Shinde is the new chief minister, Fadnavis is the state deputy chief minister. This is perhaps the first time that a chief minister has stepped down to become a deputy chief minister.

The suspense that was built over the past week and a half in the state politics now becomes clearer. This move was to sideline Thackeray in his own party. Thackeray, who emerged as a capable administrator during the COVID-19 pandemic, saw his ministers leave his side one by one. In the end, the Sena chief was left with mere 16 MLAs by his side.

What about the anti-defection law?

Shinde, an old Sena leader, who rose in ranks over the past three decades, was considered to be Thackeray’s man on the ground. From party roadshows to public events, Shinde was the man that Thackeray relied on. Shinde, who first became a corporator in 1997, holds a strong control over Thane, an adjacent district to Mumbai and also a district with Sena’s prominent presence.

Shinde has maintained that he is the “real Sena” and he never abandoned the party. He claimed to have only objected to Thackeray’s decision to join hands with the Congress and NCP. And with most MLAs by his side, Shinde claimed he is “the” party leader.

In order to claim his control over the party name and symbol, Shinde and other rebels will have to move before the Election Commission. Thackeray, his close confidantes claim, will counter “tooth and nail”. “These MLAs were elected following the party head Uddhav Thackeray’s decision to hand over the party seat. Their candidature was decided by Thackeray ji, he continues to be the one that runs the real Shiv Sena party,” said a senior party leader.

Thackeray’s camp has also claimed that Shinde’s “whip” (which is considered a binding direction on the party) is not valid. Bharat Gogawale, who was appointed as a “chief whip” by the Shinde camp is not an “official appointee,” Raut had maintained before media earlier.

Propping Shinde as the state head just months before the Brihanmumbai Municipal Corporation (BMC) and Thane Municipal Corporation (TMC) elections would have a serious bearing on brand ‘Thackeray’ in the city. With Thackeray appearing fragile in his party, the real threat would be to reign control over the Sena corporators in the city.

Shinde, a leader belonging to a powerful Maratha-dominated community, which is a majority in the state, is also seen as the right candidate to face the Maratha leadership of the Congress and NCP.

If Shinde were to part ways or float his own party, or is compelled to stay – depending on the Election Commission’s decision – it is likely that the Sena corporators too might be swayed towards him. This is something that Thackeray can’t afford at any cost if he wants to ensure his political relevance.

With over two-thirds of the total Sena MLAs by his side, Shinde and his faction might manage to dodge the anti-defection proceedings, against which the Shinde camp has obtained protection from the Supreme Court until July 12. Now with the change in government, the application before the Supreme Court could well be infructuous, says V. Venkatesan, editor of The Leaflet and author of the book Constitutional Conundrums: Challenges to India’s Democratic Process. If Thackeray and his camp wish, they will have to file a fresh petition now.

It is no more about the pending anti-defection proceedings. Now that Shinde has continued to maintain that he is the “real” Sena, it would have to be proved before the assembly speaker as to who is the real Sena here, Venkatesan adds. “With Shinde claiming “I am the real Shiv Sena” and that two-thirds numbers are with me; this makes Thackeray group a rebelling camp. The speaker will have to now deal with two separate defection applications,” Venkatesan further explains.

Legally, everything might not be lost for Thackeray yet. Venkatesan feels that Thackeray remains the real Sena, strictly by law. “The law says the party that gave party tickets during the last elections is the original party. And in this case, it is Thackeray. In the Election Commission’s record too, it is Thackeray. The burden, hence, lies on Shinde to prove his claim in order to not suffer disqualification,” Venkatesan says. If Shinde shows that he is merging with another group, he can skirt disqualification and if he doesn’t, he suffers disqualification.

Under the anti-defection law, if interpreted properly, Shinde still has to fight legally against his disqualification. But for now, Thackeray’s stand is unclear. Whether he chooses to go with Shinde or chooses to take a legal path, this will be clearer only in the days to come.

‘Further Incarceration a Death Knell’: Varavara Rao Moves SC for Permanent Medical Bail

The matter is listed for hearing on July 11.

New Delhi: Elgar Parishad accused P. Varavara Rao has moved the Supreme Court for permanent medical bail after his plea was rejected by the Bombay high court on April 13. The matter is listed for hearing on July 11.

In his petition, Rao submitted to the court that “any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

Rao, who has been out on bail since March 6, 2021 in his hometown in Hyderabad, urged that he be considered for permanent medical bail. The bail he secured in March 2021 has been extended multiple times given his health, and the medical procedures he had to undergo.

The April 13 order by the Bombay high court rejected his prayer for permanent bail, but extended time up to three months for him to surrender. He is due to surrender in July.

Against this backdrop, a vacation bench of Supreme Court Justices Surya Kant and J.B. Pardiwala was told by senior advocate Anand Grover that Rao is an 83-year-old man suffering from various comorbidities.

“All I am asking is that the plea be listed on reopening of the court,” Grover told the bench while mentioning the plea for urgent listing.

“Upon being orally mentioned by the learned senior counsel appearing for the petitioner seeking urgent listing of the matter, the registry is directed to list this matter on July 11, 2022, before an appropriate Bench,” the vacation bench ordered.

Rao in his appeal filed through advocate Nupur Kumar against the Bombay high court order of April 13 said, “The Petitioner, is an 83-year-old renowned Telugu poet and orator, who has undergone over two years of incarceration as an under-trial, and is currently enlarged on bail on medical grounds by the Bombay high court respectfully submits that any further incarceration would ring the death knell for him as advancing age and deteriorating health are a fatal combination.”

Rao said that he had challenged the high court order as he was not granted an extension of bail, despite his “advanced age and precarious and deteriorating health condition”, and had been denied the prayer to shift to Hyderabad, his hometown.

He was arrested on August 28, 2018, from his home in Hyderabad and is an under-trial in the Elgar Parishad case for which first information report (FIR) was lodged by the Pune Police at Vishrambagh Police Station on January 8, 2018, under various sections of Indian Penal Code (IPC) and several provisions of Unlawful Activities (Prevention) Act [UAPA].

Initially, Rao said that he was put under house arrest pursuant to the order of the apex court and ultimately on November 17, 2018, he was taken into police custody and later shifted to Taloja Jail.

On February 22, 2021, the Bombay high court granted him bail on medical grounds and was released from jail on March 6, 2021.

Giving extensive details of his health conditions including suffering in the jail, Rao said that the order of the Bombay high court dated February 22, 2021 had contemplated that the petitioner could be on medical bail for an extended period, and even permanently, on medical grounds depending on his medical condition supported by medical examination reports.

Also read: There Is No Case. Release the Bhima Koregaon 16 and Compensate Them

“The Judges in the impugned judgment and order committed a serious error in proceeding on the footing that because the earlier order had granted bail for a limited period of time, namely six months, it (the earlier bench) was not prepared to grant the bail for an unlimited period of time,” the appeal said.

It added that after the grant of bail by the order on February 22, 2021, the Petitioner’s health deteriorated and he had developed an umbilical hernia for which he had to undergo surgery.

He also needs to be operated for cataract in both his eyes, which he has not undertaken as the cost in Mumbai is prohibitive, it said, adding that the Petitioner has also been suffering from increasing neurological symptoms, that is, slowness of movement, hand tremors, stooping posture, amongst other symptoms.

Rao in his appeal said, “It is submitted that in the totality of circumstances, the trial will take not less than 10 years. In fact, one of the accused in the case, Father Stan Swamy, who was suffering from similar ailments as the Petitioner, passed away even before the trial could start.”

He submitted that the Petitioner has a right to health and medical treatment under Article 21 (Right to Protection of Life and personal liberty) of the constitution and the same would be violated if he was subjected to incarceration at Taloja jail.

On April 13, the high court had rejected the plea but had extended the time for the 83-year-old activist to surrender before the Taloja prison authorities by three months, to enable him to undergo cataract surgery.

It had also dismissed Rao’s application seeking that he be permitted to stay in Hyderabad instead of Mumbai, while out on bail.

“Seriousness and severity of the crime would remain till such time the accused is pronounced not guilty of the crime alleged to have been committed by him…,” the high court had observed, according to LiveLaw.

The high court had said it had found substance in several claims made by Rao’s counsel on lack of medical facilities in the Taloja prison, located in neighbouring Navi Mumbai, and poor hygiene conditions there.

The court had, therefore, directed the Maharashtra Inspector General of prisons to submit a “candid” report on the state of such facilities at the “Taloja prison in particular,” and also in all prisons across the state.

The case pertains to alleged inflammatory speeches made at the Elgar Parishad conclave held in Pune on December 31, 2017, which, the police claimed, triggered violence the next day near the Koregaon-Bhima war memorial located on the outskirts of the western Maharashtra city.

The Pune police had also claimed the conclave was organised by people with alleged Maoist links.

Later, the National Investigation Agency (NIA) took over the probe into the case.

(With PTI inputs)

Watch | Assam Floods: What Causes This Yearly Catastropher?

Every year, floods in the Brahmaputra river reach Assam, affecting the majority of the state’s population.

The floods have once again wreaked havoc in Assam. Every year, floods in the Brahmaputra river reach Assam, affecting the majority of the state’s population. So far this year, 151 people (as of June 30, 2022) have died as a result of floods. Victims accuse the government of doing very little and late in reaching out to the affected.

What is the cause of this yearly catastrophe in Assam? Watch The Wire‘s report.

‘They Give Me Hope for the Future’: Jammu Holds Its First Pride Parade

As members of the LGBTQ community continue to face harassment, they are demanding their right to education and striving to raise awareness.

Arnavi was just nine years of age when she came realised that she is a transgender person. All of her family members, except her mother, boycotted her or ignored her.

She is now 26 and has come a long way. After getting a fine arts degree at Jammu university without any support from her family or the government, she has taken on the role of an ambassador, raising awareness about the rights of the LGBTQ community in Jammu.

Speaking to The Wire, she says she has hoped for years that a pride parade would take place in Jammu. On June 26, her dream came true. For the first time, the Pride Parade was held in Jammu, organised by Climate Front, a local NGO.

June is pride month and many states in India held pride parades to celebrate the LGBTQ community and raise awareness about issues.

“The activists have done a fantastic job in creating awareness about the rights of the LGBTQ community,” Arnavi said, speaking about the first parade in Jammu.

Supporters and members of the LGBTQ community participate in Jammu’s first-ever pride parade, June 26, 2022. Photo: By arrangement

Pride parades, pride marches or pride festivals act as a celebration of the LGBTQ community but are also a form of protest to raise demands like legalising same-sex marriage. While pride celebrations take place throughout the year, some take place in June – to remember the 1969 Stonewall riots in New York City, which served as a turning point in contemporary LGBTQ social movements. The marches aim to foster a sense of community and pay respect to the movement’s past. Around the first anniversary of Stonewall, protest and pride marches were staged in Chicago, Los Angeles, New York City, and San Francisco in 1970. The gatherings expanded across the globe.

Hundreds of activists, journalists, and lawyers took part in the pride parade in Jammu and extended their full support and solidarity to the LGBT community. The renowned journalist and editor-in-chief of Kashmir Times, Anuradha Bhasin was also part of the parade. While talking to The Wire, Bhasin said, “The constitution of India guarantees rights to all citizens irrespective of caste, colour, creed and gender. When it comes to gender, it doesn’t mean men and women only. It means other genders as well. The transgender community has been ignored, discriminated against, and not treated with dignity.”

“The positive sign is that the younger generation has organised this pride parade. It will take time to change the mindsets of people in the society,” she said.

After the parade, she tweeted, “Jammu’s first LGBT pride parade. Glad to be there. Proud of the young citizens of my city who organised it. They give me hope.”

No job policy for transpersons

In the erstwhile state of Jammu and Kashmir, there were 477 transgender people as per the 2011 Census. But only 98 of them had registered with the Department of Social Welfare. However, there is no official or unofficial written documentation that describes their lifestyles, or how they became an established group.

They have a very limited number of job options in Jammu and Kashmir.

Arnavi, who is probably the first artist in Jammu from the transgender community, says that she didn’t get any scholarship from Jammu university while pursuing her degree. “Lack of educational opportunities also suppresses us,” she says.

Over the past few years, the community, which was already ostracised and a victim of abuse, was pushed deeper into misery by the communication blackout in the region and the COVID-19 pandemic. Members of the community launched protests in the city last month to raise their voice against mistreatment and lack of opportunities. They were allegedly beaten up by the police.

Anmol Ohri, the founding director of Climate Front, the NGO that organised the pride parade, told The Wire that the problem lies in society. “When we fail as a society to accept them, what do we expect from others? He adds that when members of the LGBTQ community don’t have full educational rights here, who can they give them jobs? We all want the implementation of the Transgender Bill, through which they can get full rights,” he said.

Another transwoman, Anupali (*name changed), participated in the parade. She did not want her identity to be revealed to her family members or acquaintances, so she wore a mask to conceal her face.

“Even our parents don’t treat us well. Many among us were forced to leave our homes by family members. The Almighty has also created us and we are just humans. From family to society, there is rejection. Through the pride parade, perceptions among the people will change,” Anupali said.

Jammu held its first-ever pride parade on June 26, 2022. Photo: By arrangement

Parental negligence 

Many transgender children are forced to quit school because of bullying or harassment. One of the most common sources of bullying is family members. A transgender person is typically seen as a “danger to family honour”. Because of this, the majority of transgender people are asked to leave their ancestral homes. Most of the time, their siblings and even parents deny them their property rights.

Arnavi says she was ignored by her family at first and whenever she went out of the home, people in her vicinity often passed vulgar comments.

Sushail Raina*, who is a student of law, and the founder of ‘Queers from Jammu’ told The Wire that the Supreme Court in its landmark NALSA judgment created the ‘third gender’ status for hijras or transgender persons.

The order gave people the right to self-identification of their gender as male, female or third gender.

Raina said earlier, transgender people were forced to describe themselves as either male or female. But after the judgment, they could proudly identify themselves. “But apart from this, what made this judgment so special was that it laid down the framework to guarantee the transgender community a whole spectrum of basic human rights,” Sushail adds.

Nazir Ahmed, a social activist, says like any other person, members of the LGBTQ community deserve love and affection and not rejection. Nazir has seen many transgender persons become destitute and says the government needs to ensure this does not happen anymore.

Sushail argues that the Supreme Court has directed the government of India to treat the members of the “third gender” as an economically and socially backward class.

“It was also stipulated that government should make proper policies for the transgender community in the light of Articles 15(2) and 16(4) to ensure equality of opportunity in education and employment. As per the judgment, the third gender would be categorised as part of the other backward classes (OBC), to confer them the benefit of reservation about government jobs and educational institutions,” he added

The court also made the important observation that a “conflict between one’s birth gender and identity is not essentially a pathological condition”.

“So, rather than adopting a ‘treatment of the abnormality’, the focus should be on ‘resolving distress over a mismatch’,” he told The Wire.

Another transgender person who was also part of the pride parade told The Wire on the condition of anonymity that they were mocked by friends, family and strangers because of their sexual identity while growing up.

“My relatives were hostile, and my neighbours would frequently make fun of me. I was the only member of my family who had never received a wedding invitation. Because of my identity, my family stopped talking to me, and some of my relatives would leave social gatherings if they spotted me approaching them on the street,” they added.

A rainbow flag is seen at Jammu’s first-ever pride parade, June 26, 2022. Photo: By arrangement

An initiative for safer places

The stakeholders of the Climate Front are planning to create a safe place for the transgender community in Jammu. “We have seen that the conditions of other marginalised communities have improved because of access to education and raising of awareness. The same can be done with the LGBTQ community. We always talk about gender equality, but there is little action. By creating a safe space, we hope to take the first step,” Anmol told The Wire.

Sushail told The Wire that this step would also be in line with the Supreme Court’s directives. The court emphasised that discrimination based on sexual orientation is unconstitutional, considering it is a natural phenomenon as proven by scientific and biological facts.

“It also directed the government to create public awareness regarding LGBT rights and to eliminate the stigma surrounding the LGBT people. It elaborated upon the issues surrounding mental health, dignity, privacy, right to self-determination,” he said.

Anom said the Supreme Court’s orders and the laws that have been put in place need to be implemented on the ground.

*Names of some persons have been changed to protect their identities.

Mubashir Naik is an independent journalist based in Jammu and Kashmir and tweets at @sule_khaak.

Eknath Shinde Takes Oath as Maha CM, Fadnavis as Deputy CM at BJP Brass’s ‘Request’

While earlier reports had it that Fadnavis would be the next CM, the BJP leader had said it will be the Shiv Sena rebel who will take oath in the position.

New Delhi: Eknath Shinde took oath as the Maharashtra chief minister and Devendra Fadnavis as his deputy on Thursday, June 30.

Governor Bhagat Singh Koshyari administered the oath of office to them at Raj Bhavan in south Mumbai shortly after 7.30 pm.

Shinde began by paying tributes to late Shiv Sena leaders Bal Thackeray and Anand Dighe. His supporters shouted slogans hailing Thackeray and Dighe as he finished taking the oath.

Fadnavis, who had largely been pegged to take oath as Maharashtra chief minister, had said that it would not be him but Eknath Shinde who will take oath as the state’s chief minister. Bharatiya Janata Party’s national leadership has, meanwhile, asked Fadnavis to be deputy chief minister – which the latter has ostensibly agreed to be.

Just as drama over Fadnavis announcing Shinde as chief minister subsided, BJP chief J.P. Nadda said in an address that he would like to personally request Fadnavis to take the mantle of the deputy chief minister.

That Fadnavis had acquiesced to this request was signified by a tweet – released within minutes of Nadda’s address – by Union home minister Amit Shah, announcing Fadnavis’s decision to participate actively in the government.

He praised Fadnavis for his “large heartedness” and said that on Nadda’s insistence, Fadnavis will be a part of the government. Earlier in the evening Fadnavis had claimed that BJP would only be supporting the party from outside.

Shiv Sena’s Eknath Shinde’s rebellion propelled the fall of the Mahavikas Aghadi coalition government.

Fadnavis announced in a joint press conference with Shinde that the latter will take oath at 7.30 pm today.

“Fadnavis could have become CM, going by the numbers, but he showed a big heart and I thank him,” Shinde said at the joint press conference.

The Bharatiya Janata Party is therefore likely to support the rebel Sena faction which will form the government. The BJP had earlier said that it has the support of a total of 170 MLAs, including those from Shinde’s rebel faction.

Shinde, who arrived in Mumbai from Goa on Thursday afternoon, met Fadnavis at the latter’s official residence in south Mumbai to discuss formation of the next government in Maharashtra. Both of them headed to the Raj Bhavan along with several BJP leaders then.

Shinde and Fadnavis have submitted letters of supporting MLAs to Governor B.S. Koshyari to stake claim for government formation.

A day ago, Uddhav Thackeray’s resignation from his position as chief minister of Maharashtra within minutes of the Supreme Court refusing to stay the governor’s orders for a floor test, had cleared the way for the Fadnavis-Shinde duo to stake claim.

The Mumbai police made heavy security arrangements, emptying roads so that Shinde’s cavalcade faced no hindrance while going to ‘Sagar’, Fadnavis’s official bungalow at Malabar Hill in south Mumbai.

Joint Commissioner of Police (law and order) Vishwas Nangre Patil led the cavalcade himself, reported PTI.

Note: This article is being updated as developments take place.

As Congress Flounders in the Run Up to 2024, a Reminder of the Miracle It Once Pulled Off

Jayshree Sundar, a top-notch advertising executive, had never handled a political account till she was hired by Congress in January 2004. She and her team went on to help script the party’s spectacular victory against Atal Bihari Vajpayee’s BJP in the Lok Sabha elections that year.

If one had to pick a single stand-out factor in the Congress’s unexpected success in the 2004 Lok Sabha election, what would that be?

The answer should be a no-brainer. It was the coinage of the brilliant line, “Congress ka haath aam aadmi ke saath (The hand of the Congress is with the common man).” The slogan placed the Congress party firmly on the side of the common man at a time when its principal rival, the Atal Bihari Vajpayee-led Bharatiya Janata Party (BJP), had become an ambassador for ‘India Shining’.

India Shining was nationalistic, in perfect alignment with the pro-corporate image of the BJP, and most importantly, it suggested that the country had liberated itself from the grinding poverty that had been its fate in the more than half a century since its independence in 1947.

File picture of Atal Bihari Vajpayee. Credit: PTI

The stunning revelation in the book, Don’t Forget 2004: Advertising Secrets of an Impossible Election Victory, written by Jayshree M Sundar, is that the game-changer slogan was not a product of the Congress’s sharp strategic thinking but emerged from brainstorming sessions that Sundar, at the time the head of the Delhi office of the international advertising agency, Leo Burnett, held with her team.

The irony doesn’t end here. Sundar is on record in the book that she and her team were political novices. She is unfamiliar with the Congress set-up, except perhaps for passing glimpses of Congress leaders on television.

The first exploratory call from the Congress office is from someone called Shamim on January 6, 2004. She doesn’t know Shamim, whom she refers to simply as Shamim, with no second name. When Shamin says that he’s calling from Salman Khurshid’s office, Sundar’s first reaction is “The ex-minister? That Salman Khurshid?”

Shamim Akhtar, by the way, is a fixture at Salman Khurshid’s home and office; no journalist or political junkie worth her salt can claim not to know him.

After her first meeting with Khurshid, Sundar’s takeaway is that he seems like a nice man, “like one of us.” She says, “I guess we had a different impression of politicians.”

Returning to her office, Sundar tells her team, “I know this political party arena is alien as compared to our regular world of FMCG [fast-moving consumer goods], Durables, Services and so on… How many of you are familiar with this world? Follow it? Interested in it?”

Sundar is not surprised to find that the bulk of her team, predominantly young and inexperienced, is either only moderately or not at all interested in politics. She admits to herself that she herself falls in the “moderate knowledge category of people.”

Also read: What’s Really Wrong With the Congress

Yet it is this novice team that won the Congress’s election campaign account. And it is this team that rode the roller coaster to the end of the Congress campaign – and watched the underdog beat the formidable Vajpayee package, consisting of his charisma, the BJP’s endless resources and the media’s unhidden adulation of the then prime minister.

Vajpayee’s popularity was sky-high. The BJP, in fact, trailed him by several percentage points in most surveys and opinion polls. The collective wisdom of pundits though was that the Vajpayee magic was enough to see the BJP through. As against this, the Congress was staring at defeat, having spent the eight years prior to 2004 in the wilderness and going into the election with the very tentative and reclusive Sonia Gandhi. She had no previous experience and her foreign origin made her job that much more difficult.

Development of a winning strategy 

Sundar’s team had its own daunting, first-time challenges. Given only a week to present their pitch, they decide to deal with the Congress as they would with any consumer brand. As she recalls early on in the book, she has worked on “blades and razors, hard liquor and male innerwear among many others…”

She tells her team, “We have all worked on things we don’t understand fully  – we have to be professional and treat it like a brand…” But Congress is not a shaving cream or men’s underwear. It’s an iconic political party with more than a century of existence and a distinct ideology. Sure enough, there is resistance from some team members. Sundar drops her account planner from the campaign, inferring from his body language that he probably supports the BJP.

Over the following week, the team plunges into research, scouring mountains of newspaper back issues to zero in on the BJP’s strengths and weaknesses. The strengths are evident enough: a supremely confident prime minister, and his party’s India Shining campaign which has the well-off rooting for the BJP and on which an estimated Rs 300 crore has already been spent.

The weakness is just one: India Shining does not address the woes of the vast majority of India’s people who, contrary to BJP’s propaganda, are still desperately poor with no avenues for gainful employment. India Shining has nothing to offer to farmers, middle-class investors and women at large.

“There is a class of people for whom India is not shining,” her team concludes. It’s a discovery that will form the core of the agency’s strategy for winning the Congress account.

Sundar confabulates with her team and decides to commission a quick survey of the ‘left-out’ class of people, a kind of vox populi that would bring to life actual voices from the ground. The footage is stunning: Most people interviewed have not heard of India Shining and they say almost in unison that over the past five years their lives have changed for the worse: “Bahut bekar ho gaya hai (It has become worse).”  The vox populi is the star of the agency’s presentation and it’s a winner with the Congress.

Political novices at work 

The interesting thing here is that Congress is as surprised by the findings as Sundar’s team was when they put them together. Clearly, Congress had no idea of the desperation on the ground and had to be awakened to the truth by an advertising agency with zero knowledge of party politics.

Indeed, Sundar’s lack of grounding in politics shows up from time to time in the book. She counts Haryana as one of the three states the Congress lost in the 2003 assembly polls. But the Congress actually swept the Haryana election which was held in 2005 after its Lok Sabha victory.

In another place, she refers to Congress strategy meetings held in the “Lodhi Estate bungalow of a Mumbai-based Minister of Parliament.” She obviously meant a Member of Parliament. Besides, no minister in Vajpayee’s council of ministers (the opposition will not have had a central minister) is likely to have handed his house to the Congress for the latter to plan its moves against the BJP-led National Democratic Alliance (NDA).

Yet these could be minor quibbles considering Sundar’s team came up with a masterstroke in the Aam Aadmi slogan.

 The day before their scheduled pitch, Sundar’s team review the package they have put together. The team decides that any ad campaign aiming to demolish India Shining must pose counter questions.

From this emerges the powerful line, “Mujhe kya mila? (What did I get?).” The government did X, Y, Z things but ‘Mujhe kya mila?’  Soon ‘Mujhe kya mila’, which is seen as too individualistic is amended to “Aam Aadmi ko kya mila?”

Says Sundar: “Thus is born the slogan ‘Aam Aadmi ke saath’. And the symbol of the Congress party being the hand gets integrated into the line, ‘Congress ka haath aam aadmi ke saath’ (The hand of the Congress is with the common man).”

The slogan is a winner and in time would resonate on the ground, with critics and admirers alike complimenting Congress on its brainwave. Yet Congress itself is far from impressed. The Congress team, tasked with picking one among a dozen bidders for its ad campaign, likes Sundar’s presentation. The vox populi in particular stirs its interest. But the party barely acknowledges the Aam Admi slogan, and indeed, appears happy to junk it to save costs.

After Sundar’s agency wins the pitch and the next rounds of talks begin, a major impediment proves to be the budget. The Congress team suggests axing the first phase of the ad campaign whose selling point, its bedrock, is the Aam Aadmi slogan.

Also read: Kicking Out the Gandhis is Not a Panacea for the Congress as Experts Seem to Suggest

Sundar is distraught and decides to fight back. As she writes: “As I watch I see a decision veering towards cutting off Phase I of the campaign, ‘Aam Aadmi ko kya mila?’ I brace myself to take on the fight. Under no circumstances am I going to allow this to happen.”

Aam aadmi ko kya mila is the headline thought, leading to the sign-off: Congress ka haath aam aadmi ke saath. … In my mind, this part of the campaign has been created to counter phrases with a massive currency like ‘feel good factor’ and ‘India Shining’. India Shining (Lekin) Aaam Aadmi ko kya mila? This is the connection that we want Indians to make.”

This discussion takes place at 10 Janpath where previously Sundar’s team has met Sonia Gandhi. This time Rahul Gandhi, who sporadically shows up at meetings, is present and signals that the slogan will be retained. The budget is finally approved in full and the push for this comes from Priyanka Gandhi, who like her brother, is an on-again, off-again presence at meetings.

Congress president, Sonia Gandhi. Credit: PTI/File Photo

Congress president Sonia Gandhi. Credit: PTI/File Photo

Sundar’s team races through the next two months putting together posters, films,  radio and TV spots and print media campaigns targeting the Congress’s base –  farmers, unemployed youth, middle-class investors and women. Each ad carries the winner tagline – ‘Congress ka haath, Aam aadmi ke saath’.

Execution of the strategy 

Sundar’s book shows that she and her team are constantly surprised. The Congress code words are alien to them. One of them is ‘10, Janpath’, another ‘is ‘them’.  Who is “them,” she asks before it dawns on her that them is Sonia Gandhi’s children, Rahul and Priyanka. At their first meeting with the Gandhis, Sundar’s team gets ticked off by a crony for trying to place a laptop on Indira Gandhi’s priceless writing table.

The book has lovely nuggets on Sonia. She understands India and its people more deeply than conveyed by her shy appearance and accented English. At one point in Sundar’s team’s presentation, Sonia corrects a visual depicting a Dalit home. A home that size would be a landowner’s; Sundar is instructed to change the picture. Sonia, who is central to the campaign, is not easy to capture on camera. She looks rigid, unsmiling. Finally, daughter Priyanka engages her in conversation that makes her smile. In the set of slides Sundar’s team quickly assembles, Sonia looks radiant.

The book talks of Sonia’s indefatigable energy; she’s out most days early morning to night holding rallies – which as subsequent analysis will show is clearly a major contributing factor in halting the Congress’ predicted decline.

For the reader, there are several curious things about the Congress’s 2004 campaign, starting with its selection of an ad agency that knows nothing about politics, even less about the Congress. This is amazing given the Congress’s reputation as a party wedded to cronyism.

Also read: ‘Out With the Gandhis’ a Cry of Despair; With No Obvious Replacement, Cure May Be Worse than Disease

Sundar affirms that though the Congress’s lack of speed was perplexing, especially in view of the rival BJP’s high-energy sledgehammer approach, the team she dealt with – Salman Khurshid, Jairam Ramesh, Motilal Vora in the main – is thoroughly professional.

More unbelievably, Congress agrees to Sundar’s pre-condition that her agency be paid in advance and by cheque. Every single payment is accounted for. If there are bundles of cash stashed away somewhere, as one would expect of any party in election time, more so the Congress thought to be mired in black wealth, this is not where it is deployed

Can Congress revive itself? 

This brings us to the title of the book: ‘Don’t forget 2004′. The Congress party averted a near-certain defeat in 2004, but did it really register a thumping win? Secondly, and more importantly, can it repeat 2004 in 2024 with Narendra Modi and Amit Shah steamrolling every opposition in sight? It doesn’t help the party that its own leadership is without a clear strategy and is plagued by dissidence.

Re-reading the title, ‘Don’t forget 2004,’ one thought comes to mind. In 2004, Sonia Gandhi was all the Congress had, a blessing in retrospect, considering the disastrous later track record of her children. Rahul Gandhi has proved to be all bluster, a mere Twitter mogul incapable of staying the course. Priyanka Gandhi Vadra’s debut as a leader in Uttar Pradesh saw the Congress vote share crash to a mere 2%.

Is a repeat of 2004 even possible for Congress? Yes on one condition: Remove Modi, Shah and the Gandhi siblings from the political scene, and the Congress might be able to bounce back. The Congress is as handicapped by Modi-Shah’s colossal presence in governance and politics as it is by the brother-sister pair’s inertia. Forget reversing the Congress’s decline, they manage to lose well preserved Congress bastions, a situation made worse by internal dissidence and defections to the BJP.

File images of Prime Minister Narendra Modi and Union home minister Amit Shah. Photo: Reuters.

Sundar presents 2004 as a stupendous victory for the Congress which it was not. In a December 2004 essay for the Economic and Political Weekly, ‘The elusive mandate of 2004,’ Yogendra Yadav then with the Centre for the Study of Developing Societies (CSDS), argued that the 2004 verdict was not a decisive mandate for the UPA (The United Progressive Alliance consisting of the Congress and its allies)

To quote Yadav: “The final all-India seats and vote share for the major parties show how difficult it is to claim that the Congress and its allies had secured a mandate to rule. While the Congress improved its tally to 145, an improvement of 31 seats over its worst-ever performance in the 1999 elections, its vote share actually fell by 1.9 percentage points between the two elections.”

Also read: Congress’s Chintan Shivir Was a Step in the Right Direction

Taking only the seats the Congress contested, it registered a marginal improvement of 1.3 per centage points –from 33.3% in 1999 to 34.6% in 2004.

Yadav said: “If the UPA managed to overtake the NDA in popular vote share, it is largely because its allies brought it fresh support. That is why much of the focus of political commentators on the reasons for the rise of popularity of the Congress was misplaced; they were seeking to explain something that had not happened.”

What did happen was a “real decline” in the popular vote share of the NDA. In the 1999 Lok Sabha election, the NDA which went on to form a government secured a vote share of 40.8%. That declined to 35.9% in 2004, a fall of nearly five percentage points. The BJP on its own dropped 44 seats to finish at 138 compared to 182 in 1999.

This is where Sundar can probably claim some, not all, credit. Sundar and her team correctly assessed that India Shining was going to be a liability for the Vajpayee-led NDA.  They came up with an intelligent counter in ‘Aam aadmi ko kya mila?’ and convinced the Congress to run it in conjunction with ‘Congress ka haath aam aadmi ke saath’.

But a slogan alone could not have sufficed to lift the Congress, even if only minimally, from the morass it was in. The message the slogan carried needed to be propagated and this task was done by Sonia Gandhi more effectively than anyone could have believed at the time – from putting together an alliance to holding rallies and mass contact programmes, she was far and away the best thing the Congress had in its repository.

It is in 2009 that the Congress-led UPA really made its mark, winning a second successive victory under prime minister Manmohan Singh whose stewardship of the economy won him international acclaim. This blended splendidly with the government’s pro-poor policies and its rights-based legislations.

In contrast, the BJP was in the doldrums, sulking and badly behaved after two consecutive defeats in 2004 and 2009. By 2010, the BJP had become the enfant terrible of Indian politics. Inside the party there was a civil war raging and even supporters were fast giving up on it.

In a 2010 essay written for Seminar magazine, the pro-BJP commentator Swapan Dasgupta called it a “dying party.” He also said a former Cabinet minister was overheard in the Central Hall of Parliament questioning the wisdom of persisting with a dying party.

But all that had changed by 2013. A lot of it owed to the Congress’s trouble with its allies and the mounting corruption charges against it. But one factor more than all others destroyed the Congress, rendering it weak and vulnerable. The factor was Narendra Modi, assisted by his Machiavellian Man Friday, Amit Shah. The two men watched as Delhi’s streets were roiled by protests. Many of the charges were unproven but an image had taken hold in the public mind that the Congress was a corrupt party with a history of greed and avarice and now headed by a foreign woman.

The rest is of course history. To return to the question, can Congress repeat 2004? Not by a long shot. Dissidence and poor electoral performance aside, it is today like a headless chicken. It has no base to draw its voters from the matriarch who continues to be the Congress’s best bet, and she is unwell. Her reluctant heir will neither lead nor allow anyone else to lead. The Congress party needs a new, dynamic leadership but where is that?

Vidya Subrahmaniam is a senior journalist, formerly with The Hindu and The Hindu Centre for Politics and Public Policy. 

Punjab Assembly Passes Resolution Against Agnipath Scheme

“This policy is likely to create dissatisfaction among the youth who wish to serve the armed forces of the nation for a lifetime,” said the chief minister, while reading the resolution.

New Delhi: In a symbolic move, the Punjab Assembly on Thursday, June 30 passed a resolution against the Union government’s Agnipath defence recruitment scheme.

Two Bharatiya Janata Party (BJP) legislators, Ashwani Sharma and Jangi Lal Mahajan, opposed the resolution.

The resolution was moved in the House by chief minister Bhagwant Mann.

Participating in the discussion on the resolution, Mann said he will soon raise the issue of Agnipath scheme with the prime minister and the Union home minister.

According to news reports, Punjab is the only state to have passed a resolution against the scheme in its state assembly.

Vehemently opposing the Agnipath scheme, Mann said this scheme was against the country’s youth.

Leader of Opposition and Congress legislator Partap Singh Bajwa also demanded that the Agnipath scheme should be withdrawn.

Akali MLA Manpreet Singh Ayali supported the resolution and demanded the scheme’s roll back.

The resolution reads, “The unilateral announcement of the Agnipath scheme by the Government of India has witnessed widespread reactions in all states, including Punjab.”

“The scheme also has the propensity to weaken the long-standing esprit de corps of the armed forces. Through this resolution, this House recommends to the state government to take up the matter with the Centre so that the Agnipath scheme is rolled back immediately,” it read.

Also read: Why the Government’s ‘Plans’ for Demobilised Agniveers Don’t Inspire Trust

“The Punjab Vidhan Sabha strongly feels that the scheme where youth will be employed only for a period of four years and only up to 25% will be retained, is neither in the best interests of national security nor of the youth of this country.”

“This policy is likely to create dissatisfaction among the youth who wish to serve the armed forces of the nation for a lifetime,” said the chief minister, while reading the resolution.

“The youth of Punjab consider serving in the Indian Armed Forces as a matter of pride and honour and are renowned for their valour and courage. This scheme has crushed the dreams of many youths of Punjab who have been aspiring to join the Armed Forces as regular soldiers,” he said.

Protests had erupted in various parts of the country after the Union government unveiled the Agnipath scheme to recruit youngsters aged between 17-and-a-half and 21 years in the Indian Army, Navy and Air Force, largely on a four-year contractual basis. It later relaxed the upper age limit for this year’s recruitment to 23.

Mann had on Tuesday, June 28 said in the assembly that his government will bring a resolution against the Agnipath scheme, asserting that the Union government’s military recruitment initiative will destroy the basic fabric of the Indian Army.

Earlier, he endorsed the suggestion of Leader of Opposition, Partap Singh Bajwa, of bringing a resolution against the scheme.

(With PTI inputs)

Manipur: Eight Killed, Over 70 Feared Missing in Noney District as Massive Landslide Blocks River’s Flow

The Noney deputy commissioner has advised travellers to avoid National Highway-37 due to multiple road blockages.

New Delhi: At least eight people were killed and over 70 were missing after a massive landslide occurred at a railway construction site in Manipur’s Noney district, officials said on Thursday, June 30.

The incident took place at Tupul yard railway construction camp on June 29, Wednesday night.

According to PTI, eight bodies have been retrieved so far, including those of seven Territorial Army personnel, the officials said, adding, rescue operations are underway. Around 72 people are feared trapped under the debris, which includes 43 from the Territorial Army, they said.

The massive debris has blocked the Ijei river, creating a reservoir that may inundate low-lying areas.

An advisory issued by Noney deputy commissioner said, “Due to the unfortunate landslide which occurred at Tupul yard railway construction camp, where casualties are being reported and dozens buried alive, the flow of the Ijei River has also been obstructed by the debris, creating a dam-like storage condition which if breached will wreak havoc to the low-lying areas of Noney district headquarters…”

“…as the condition is still developing and the future is unknown, the general public is hereby advised to take their own precautions, and especially ensure children do not come out near the river. Whoever can evacuate are also advised to evacuate. Public are further advised to stay alert and be prepared for any assistance in case of rain condition deteriorate further,” it added.

It also advised travellers to avoid National Highway-37 due to multiple road blockages.

Officials told the newspaper that as many as 13 people were rescued by 5:30 am and that the injured are being treated at the Noney Army Medical unit. They added that the evacuation of the critically injured personnel is also in progress.

Meanwhile, Union home minister Amit Shah spoke to Manipur chief minister N. Biren Singh and railway minister Ashwini Vaishnaw over the incident.

Shah said a team of the National Disaster Response Force (NDRF) has reached the landslide site while two more teams are on their way.

“Spoke to CM Shri @NBirenSingh and Shri @AshwiniVaishnaw in the wake of a landslide near the Tupul railway station in Manipur. Rescue operations are in full swing. A team of NDRF has already reached the spot and joined the rescue operations. 2 more teams are on their way to Tupul,” Shah tweeted.

The chief minister has called an emergency meeting to assess the situation.

“Called an emergency meeting to assess the situation of the landslide in Tupul today. The search and rescue operation is already underway. Let’s keep them in our prayers today. Ambulances along with doctors have also been dispatched to assist in the operation,” Singh tweeted.

(With PTI inputs)

Delhi Police Prejudiced in Zubair Case; Arrest, Denial of Bail ‘Worrying’: Justice Deepak Gupta

“I’m a bit worried and confused why he has been taken into custody at all. The incident happened in March 2018, four years have lapsed and there is no indication his tweet led to any dispute between two communities.”

One of the illustrious former judges of the Supreme Court has said he cannot understand why Mohammed Zubair was arrested and, equally, why he was not immediately granted bail by the court.

Asked by The Wire if Mohammed Zubair is the victim of prejudicial handling by the Delhi police, Justice Deepak Gupta said: “Definitely, there is no doubt about it”.

In a 20-minute interview to Karan Thapar for The Wire, Justice Gupta first spoke about Zubair’s arrest.

He said: “I’m a bit worried and confused why he has been taken into custody at all. The incident happened in March 2018, four years have lapsed and there is no indication his tweet led to any dispute between two communities.”

Zubair has been arrested under Sections 153A and 295A for promoting enmity and outraging religious feelings.

Justice Gupta equally importantly added: “I am more worried by the fact the Court refused to grant him bail. The judge should have asked the police if you didn’t arrest him for four years and nothing untoward happened during that time why do you need to take him into custody now?”

Justice Gupta agreed that his comments meant he could not understand either why Zubair had been arrested or denied immediate bail.

Commenting on the fact that Zubair was arrested for a tweet posted in 2018, which carried a shot from a Hindi film Kissi Se Na Kehna, which was cleared by the Censor Board and repeatedly shown on TV, Justice Gupta said: “We are turning into an intolerant society.” He said “I have seen the tweet and at best it can be said to be not proper but it’s not offensive.”

Speaking about other tweets by Zubair which the police, according to news report, are enquiring into, some of which are satirical riffs or direct quotes from people like Adityanath or former Tripura Chief Minister Biplab Deb, Justice Gupta said: “You can’t arrest to collect evidence but only when a case is made out against him”.

He added: “And (even) then why should there be an arrest in every case.” He agreed this felt like a fishing exercise.

Speaking directly about the police handling of the Zubair case Justice Gupta said: “Somehow I feel he’s being targeted” adding “something (is) amiss”.

Comparing the treatment of Mohammed Zubair with that of Nupur Sharma and Naveen Jindal, all three of whom have been charged with Sections 153A and 295A, but only Zubair  has been arrested and not the other two, though weeks have lapsed since they were charged, Justice Gupta was asked if this is another indication of police prejudice and answered: “definitely” adding “there’s no doubt about it”.

Justice Gupta told The Wire “If we have to survive as a democracy we must secure freedom of speech”. Justice Gupta said the courts should look into the question of compensation for such (wrongful) arrests and that compensation should be “on such a scale” the police thinks twice before they repeat their behaviour.

However, Justice Gupta did not think a formal enquiry into the police handling of Zubair would make any difference because such enquiries go on for a long time and tend to be ignored.

Watch the full interview here.

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