‘Days Become Like a Ladder’: Gulfisha Fatima’s Letters From Prison

Fatima applied for bail before the Delhi high court in mid 2022. The court is yet to deliver its verdict on her plea.

April 9, 2024 marks four years since Gulfisha Fatima, an MBA graduate, student activist and history enthusiast, was arrested by the Delhi Police. Fatima was active during the nationwide protests against the Citizenship (Amendment) Act, and was arrested by the police on charges relating to the communal violence in North-East Delhi in February 2020. While several rights activists were arrested on similar charges – in cases seen as a way to silence dissenters while letting those who instigated violence go scot-free – Muslim student activists like Fatima are still in jail. Their bail petitions have gone unheard and undecided for years. Fatima applied for bail before the Delhi high court in mid 2022. The court is yet to deliver its verdict on her plea.

Below are excerpts from letters Fatima has written to her friends while in prison, and artwork she has created while incarcerated. Some editorial notes and translations have been added in square brackets. Names she mentions in her letters have been removed to protect the privacy of those she has referred to.

Read her poetry here.

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July 29, 2021

Many times, days become like ladder. I feel as if I am only climbing climbing steps one by one yet unable to reach at corner of destination.

… All radio channels are unavailable owing to variation in weather. Now-a-days I am absorbed in reading chargesheet during khuli-band ginti. [Khuli ginti is when lock up is opened, which is from 6 am-12 pm and 3 pm-6 pm; bandh ginti is when prisoners are in lock up inside their barracks and cells.] AR [A little girl inside prison with her mother, Gul is very attached to this child] has become the most cutest baby of the world. From canteen, I had purchased thin small rubber bands for her. Often I make her pony tail with which she looks like an angel. She even sits in D.S. Room along with me on my lap. [Since initially the police refused to give print-outs of the 20,000 page chargesheet, as per court order, computer access was provided in the Deputy Superintendent’s office for the purpose of reading the chargesheet.] She used to say, “Mujhe bail nahi chahiye naa [I don’t want bail].” When I rebuked her, then she began to say, “Mujhe bhi bail chahiye [I also want bail].”

Last night, on 28-7-2021, I saw more than half very very bright shining moon behind white gray, blue clouds around 1o’clock from the barrack window. Very attractive loving calm incomplete moon it was for me yesterday. I thought you must be watching this moon from somewhere 🙂

September 21, 2021

Moon has become good friend or confidant of mine these days. I can see moon, may be it is full moon. It is battling with clouds. Harsh darkness seems to be trying to cover it with the wing of clouds. It is very stubborn, in spite of being under the formidable darkness, dares to smile and shine. It is the moon which is lashed every night by the cruel blood sucker night, nevertheless, it emerges next night in its capacity until it is disappeared forcefully. Only for one night take rest, accumulate strength, muster courage, then do come back. Because it is addicted to “RESILIENCE”. I think this is the true mechanism of universe. I also want to have such will power.

A painting by Gulfisha Fatima.

September 23, 2021

So in your last letter, you complained that I don’t tell much in my letter as to how I pass the days. In response to your complaint, just want to share about one night how I passed it…heart was crying silently, simultaneously yelling under the cover of skin. I felt as if I did not have blood, bones, lungs, ribs nothing but harsh scary darkness had replaced them. That night can be described as “A CYCLONE OF TORMENT” which was developed by the pain of separation from family and friends, pain of their memory, pain of their love, pain of harassment, pain of incarceration, pain of not feeling alive, pain of hiding pain from them, pain of having nothing under control, pain of not being able to touch them, pain of seeing innocent women and men crying, pain of blunt humiliation, pain of not watching moon and sky clearly without grills and bars, pain of crushing desire and emotion, pain of saying bye, pain of bearing the pain etc.

Well, still days pass. Alhamdulillah, I am becoming more courageous, strong, defiant, optimistic…to combat with uncertainty. THE THING WHICH DOES NOT KILL US MAKES US STRONGER.

January 11, 2022

As Corona’s other mutant Omicron is rearing its head, 3-4 members of staff have been found positive. Ladies are getting nervous over court functioning with turbulent confusion. So many questions they ask to me! “Tum to akhbaar padhti ho, court kab khulenge? Lockdown kab khulega, Kejriwal kya keh raha hai… [You read the newspaper, when will courts open? When will the lockdown lift, what is chief minister Arvind Kejriwal saying…]” etc. In the evening (censored) told me that when she goes out of jail, she would find a place, most probably mountains, and scream until exhausted to release negative energy from her body. You know I also have been wishing to scream hysterically since my arrest or even from before.

January 24, 2022

In the evening, (censored) had told me that her lawyer informed her that she would leave jail tonight. After bandh ginti, my ears were waiting to hear the announcement on the speaker. “(Censored) apne rihai waste jald se jald chakkar pahunche.” The moment her name was announced, I hurled a short scream into the air. A while later, I started eating banana thinking that she would be out by now. All at once, I heard my name – Goolfisha. Avoiding and assuming it as a hallucination, I kept sitting and eating banana. Then again “Goolfisha”. It was (censored) standing at the barrack gate, (censored) wearing a mask which I had given to her, written AZAADI on that. She had told me that she would wear the mask at the time of her release. She couldn’t say much, her eyes were glistened, just said, “See you soon outside…take care of yourself.” We kissed each others hands through the gate and got separated.

January 28, 2022

I had a dream in which one of our barrack-mate and I were planning to visit a monument. Then we quickly decide and reach there and that monument resembled Red Fort or Jama Masjid or a tomb of Lodhi Garden. Doors were closed, so I climbed up the wall, leaving J [Gul’s barrack-mate] down. Suddenly, with a blow of air, I fell down the other side of the wall. There were many ladies there who told me it was jail. Then I put myself in a corner and began to stare at those huge walls a while later. It was an asylum not jail.

A painting by Gulfisha Fatima.

February 7, 2022

(Censored) didi went out on 5th Feb. Having been acquitted by high court after 13 and a half years, she left for home in the noon during band ginti time. I was in MI Room, so got to meet her, she was very nervous and perplexed. I could see sweat on her forehead and neck, then helped her lift her samaan. Meanwhile, I asked, “Kaisa lag raha hai [How are you feeling]?” “Bahut dar lag raha hai, pata nahi kahan rahungi, bachche apne paas rakhenge ya nahi kyonki wo mujhe doshi maante hain [I’m very worried, don’t know where I’ll stay, whether they keep the children because they think I’m guilty].” She had thousands of thoughts, worries and emotions while striding out her feet in deodhy. [Deodhy is the entrance area of the prison where all security checks take place. Registration of new inmates and final release formalities of those leaving also happen here.] I and (censored) hugged her tightly. First time, on somebody’s release, I wanted to cry vehemently. What about those years she had spent here despite being an innocent? It should be government’s moral duty to compensate her with something. For example, job, accommodation, an amount of money etc. required.

March 2022

When I went to court last time, I passed my journey appreciating those semal trees – “They are extremely beautifully fascinating, I want to climb on that tree to feel them.” Thank you for sending me its photo.

After my bail rejection, at least 4-5 days were very depressing for Ammi Abbu. Even I was unable to speak to them with my usual cool temperament…I could say nothing. Ammi also was trying to hide her despair by pretending to have sore throat…My sleep cycle is disturbed in this changing weather. I have stopped going for yoga class as I wake up late and sleep late. It is 2.30am while I am writing this paragraph.

April 14, 2022,  2:15 am

Since the commencement of Ramzan, I have been observing fast daily without any break yet. At night I do not sleep at all. As you know if I sleep then I can’t wake up and eat mid-night meal for Sehri. So I go for sleep from 5 am to 12 pm. As Eid is coming closer, I am getting anxious. What will I celebrate on the eve of Eid? Growing violence in the country, emerging vivid hatred in a collective form.

I have literally been pissed off for last months due to despair prevailing around the world….Will we ever be able to live in a peaceful world? Perhaps death can bring peace to a soul, because after death we say “Rest in Peace” RIP.

कब ठहरेगा दर्द ए दिल, कब रात सहर होगी

सुनते थे वो आएंगे, सुनते थे सहर होगी

कब महकेगी फसलें गुल, कब बहकेगा मयखाना

कब सुबह सुख़न होगी, कब शामे नज़र होगी

कब तक अभी राह देखें, ए कामटे जानाना

कब हशर मुअय्यन है तुझको तो खबर होगी…

…This year fasts for three religions – Navratri-Hindu, Ramzaan-Muslims, fast-Christians – came together, yet we are not together unfortunately. Alas! Interestingly, in jail most people respect and observe fast of every religion. Hasina observed Navratri fast, Nancy observed Roza, Nusullah observed Navratri, Madhuri Ramzaan. It shows there is still hope and love which can alleviate the humanitarian crisis.

May 5, 2022

During Ramzan for one day, all ladies observing fast had been allowed to gather at chakkar [a common area inside prison in front of the Deputy Superintendent’s office] for iftaar party organised by jail administration. Superintendent Ma’am along with other administrative members and staff also joined us…I could not believe the sight in front of my eyes. Apart from them, other non-Muslim inmates were very humble and cooperative while offering their service. It was really a holy evening where my dead hope for a inclusive society came to life again.

….Well, I have heard about Faiz, but he shall always remain in our hearts and spirits. You know in my most melancholic moments, particularly in the mournful nights, he accompanies me, sharing strength and solidarity with the balm of his beautiful poetry. I feel he wrote these 2 ashaars for us – girls 🙂

दरे ज़िंदा बुलवाये गये फिर से जुनूवाले

दारिद: दामनो वाले, परिशा गैसुओं वाले

सितम की दास्ता कुश्त: दिलों का माजरा कहिये

जो जेरे लब ना कहते ये वो सब कुछ बरमला कहिये

— फरे दमानो वाले

….These days I have not been so well due to which remain in bed 2-3 days, BP goes down sharply randomly. This restlessness caused some poetry, I hope you would like it. Ever since the third year of imprisonment started, my hopes of release have been declining despite useless efforts to stay hopeful. Therefore, I try to occupy my time with reading and AR to dispel despair surrounding from all sides.

A painting by Gulfisha Fatima.

July 20, 2022

Today while coming back from multi-purpose hall after rehearsal, I got to get drenched in the rain and you know it was bandh ginti timing. Tomorrow we are to play a nukkad natak to mark “Azaadi ka Amrit Mahotsav”….We are excited for tomorrow 🙂

These days I don’t feel like reading newspaper just to avoid brunt of negativity and anger. But on DD News, one news programme comes at 9 O’clock –  2 टूक. Oh my God, anchor invites party spokespersons to debate, but what happens interestingly, anchor does not behave as an anchor, rather turns into a party spokesperson…hehehe. Then you clearly see the travesty of 4th pillar. In my eyes, this fourth pillar has transformed into 4th leg of Sahab’s chair.

I have cut short my sleeping hours to get a job in Padho Padhao [an adult education programme inside prison were educated prisoners teach basic literacy to prisoners who cannot read or write] which I really enjoy. Aur thank God, I have been able to offer namaaz regularly even in hell hot like days specifically horrible nights. In those days, namaaz/meditation provided me with great calmness to endure that brutality of heat and humidity. When it goes out of control, I usually sing this beautifully mournful song – “Yeh kya jagah hai doston, yeh kaunsa dayaar hai.

…Your letters are the source of accumulating strength to survive here repeatedly. Your letters always being your smell and imagination and presence. While drops of rain were touching my face toward sky, I was feeling you standing by me holding my hand tightly.

August 29, 2022

Frankly + unabashedly telling you that this entire week has been sharply devastating in every manner. Such vast disastrous helplessness made me mentally injured. My spirit has turned into a burning volcano mountain out of which restlessness is causing ruthlessness in me. The exact breaking point is becoming zenith of my rigidness which abstains from shedding tears, therefore I find myself not capable of crying as well. 

September 4, 2022

I am completely shattered…suffering from most vulnerable period of the entire imprisonment. Well, however I will have to fight for a life. Life itself is an all time challenge. Each breath is a test of tolerance and patience.

…After sometime, I will also try to recover numbness. Mostly, circumstances change you, rather than you can change circumstances. Everything appears to be out of our control or limited reach. How future unfolds, nobody can predict. I hope this adverse time will end someday and we will be able to live a life which would wash away all the stains of black days.

September 8, 2022

Even before reading your letter, I had seen the mesmerising yellow flower photograph, to me nature per se has been a testimony of Allah/super power. Nowadays night still may offer little solace for a destitute spirit to heal but days are mercilessly thorny in full capacity. In day time, I feel as if I were tied with shackles around my body which causes a sense of strangulation. In order to get rid of such bizarre feeling, sporadically I do random physical exercise. Around 2.30 pm, I was having a tumultuous urge to scream, lying on bed alone in the cell with no light. Anyhow, I resisted myself from doing so thinking neighbours living in opposite cell would get disturbed…4.30 pm I received your letter and came across your concern related to yell. Instantly this couplet came from my heart:

ये कैसे मुमकिन है हमनशीनों के

दिल को दिल की ख़बर ना पहुँचे

…Although I know that the world has always been dramatic and dynamic to it’s subject, yet being a human, I also complain to Allah “Why you chose me to struggle so much?”, then after sometime I find myself convinced that not only I but millions or billions of people are also facing similar or worse imprisonment throughout the world. N di [an older prisoner Fatima is friends with] says we are not swimming along with the stream of captivity, in fact, are floating as a dead body or object on the surface of ruthless river of waiting.

I think this uneven trajectory will end somewhere sooner or later… The last whole month I have been able to see the golden shining moon, even crescent moon which unbelievably eases the knots of stagnant stress. Thank you so much for being with me in the most dark days of life. Thank you to everyone who stands for humanity.

February 14, 2023

…I read an article on Grammy award winner Shervin Hajipour from Iran. He penned down and sang a song in relation with women led protest against hijab. I was thrilled to the meaning of lyrics of that song as originally it is a farsi song. It’s title is “Baraye” which means “for/because of”… the song says – for the sake of dancing in the street, for breaking the taboo of kissing in public, for my sister, your sister, our sisters, for yearning for an ordinary life, for our non-stop tears, for this forced road to paradise for women, life and freedom. He is just 25 year old guy and was arrested by Iranian government for posting this song on social media, though later released on bail, but this song went viral and became a symbol of struggle.

May 7, 2023

Despite the abject dearth of suitable words elucidating the upheaval in the heart, an irresistible urge is compelling me to write. I had made a resolution not to write to anybody anything until HC pronounced some order in response to my bail application, yet I find myself incapable of crushing the incessant desire to speak to you…as I write to you I feel as if I am talking to you and you are listening patiently as you always do. The longer the period of incarceration is stretching, the shorter my temperament is getting.

..now-a-days I have wild dreams. I was flying in an airplane, suddenly it lost control and fell in the sea..on hearing this news, instead of getting puzzled or nervous, I was delighted at this news thinking that at least I was getting a natural death which would vanish all suffering. As water touched my nose, I felt difficulty in inhalation and exhalation. In this state, wriggling like a fish, I said to the person sitting next to me – “Marna toh bohut muskil kaam hena [Dying is hard work, no]?” Next moment, my heart stopped beating and I jerked awake, though I was alive but not happy.

A painting by Gulfisha Fatima.

June 2, 2023

I have been following the news of the wrestlers protesting against Brij Bhushan. To my great grief, I wonder how oblivious the state can become to the voice of “Beti Bachao”….While reading about Manipur violence aftermath, I was on the verge of breaking down. Since family members can’t go back to violence hit area to identify the bodies of the dead, this mere visualization in the head squeezed my heart. Now-a-days I have n number of reasons to think what sort of characteristics a human being should possess to be called a human.

December 20, 2023

…I still believe that Allah has smoothened my jail journey on this harsh uneven road of captivity by conferring on me sublime fortitude so far and will continue to do so in future as well in the same way or other.

Waise, I don’t take too much stress for bail and all, but yes, I am seriously concerned about my mental health – the problem of forgetfulness has reached the level where a subtle gap remains between forgetfulness and foolishness. Today over e-mulaqaat, abbu told me that having returned from court, your ammi cried saying “Usse kuch bimari ho gayi hai zaroor [She has definitely got some illness]”. So abbu asked me about my sickness. For a moment, I was not in the position to answer his query. Notwithstanding it wasn’t long before I changed the topic and got him indulged in usual domestic affairs. But to be honest, it took a toll on me.

January 7, 2024

On the eve of New Year, I danced and shouted a lot, just to fulfil your wish 🙂

March 14, 2024

For me to observe fast these days is not as easy as it was before. I can’t write so much, but sending you 3 paintings to safeguard until I come out.

Love you so much and my love to all who support the idea of a strong opposition in a country which is hailed as “mother of democracy” by someone who in fact, has killed the spirit of the mother of democracy. Kair ek sher unke liye jinhone mujhe kissi ki bandi nahi banne diya par jail ki bandi bana diya…hehehe 😀

वो करम उंगलियों पे गिनते हैं

जिनके ज़ुल्म का कोई हिसाब नहीं

Umar Khalid Withdraws Bail Plea in Supreme Court, Citing ‘Change of Circumstances’

Khalid, who has been in jail since September 2020, through his lawyer Kapil Sibal, said that he will ‘try his luck’ in a lower court.

New Delhi: Student activist and Jawaharlal Nehru University (JNU) scholar Umar Khalid on Wednesday (February 14) withdrew his bail plea in the Supreme Court, in connection with the Delhi riots larger conspiracy case.

Through his lawyer Kapil Sibal, he submitted that “he will try his luck” at a lower court, citing a “change in circumstances”.

“Bail matter we wish to withdraw. There has been a change in circumstances, we will try our luck in the trial court,” Khalid’s lawyer Kapil Sibal was quoted as saying to the court by LiveLaw.

The apex court bench of Justices Bela Trivedi and Pankaj Mithal dismissed Khalid’s petition as withdrawn.

Without elaborating on the “change in circumstances”, Khalid’s father S.Q.R. Ilyas, while speaking to The Wire, cited the long adjournments in the bail plea.

“Since May 2023, there have been several adjournments. We were assessing that this is a lengthy procedure and the circumstances have changed. So, we decided to move the trial court again, and hope for an early judgment. So we will try our luck there now,” he said.

Khalid was arrested in September 2020, under the Unlawful Activities (Prevention) Act (UAPA), in connection with a case related to the North-East Delhi communal violence that erupted in February that year.

He made the submission on Wednesday, while the bench was hearing his special leave petition, challenging the Delhi high court’s decision to deny him bail in October 2022.

The high court bench, comprising Justices Sidharth Mridul and Rajnesh Bhatnagar, while rejecting his bail plea, had held that the prosecution’s case and the chargesheet make for a prima facie case against Khalid, who is accused of criminal conspiracy under the UAPA.

Sibal told the court that he will argue the separate writ petition filed by Khalid challenging the constitutionality of the UAPA provisions.

Also read: ‘Witness May Have Been Tutored’, ‘Callous Probe’: How the 2020 Delhi Riots Cases Have Evolved

Khalid, who has been lodged in jail since September 14, 2020, has been incarcerated without any substantive bail hearings. Along with UAPA, he has been charged with sedition and 18 other sections of the Indian Penal Code, including murder and attempt to murder.

Two months after his arrest, the Delhi high court took cognizance of the chargesheet filed against him under FIR59/2020, along with JNU scholar Sharjeel Imam, who is accused of conspiring and instigating the riots that took place in February that year in Northeast Delhi.

Earlier in October 2020, Khalid was also charged under FIR 101/2020 that related to vandalism and arson during the riots in Khajuri Khas.

In April 2021, Khalid was granted bail by a sessions court in Delhi, filed under FIR 101/2020, but continued to be incarcerated due to the charges against him under FIR 59/2020.

Under FIR 59/2020, Khalid has been charged for various offences, including rioting, murder and unlawful assembly as well as sections of the UAPA and the Arms Act, 1959. He is also facing charges under sedition, and promoting enmity between groups.

After eight months of hearings, in March 2022, a Delhi sessions court denied him bail. Khalid appealed this decision in the Delhi high court the following month.

The high court subsequently ordered that the bail plea be heard regularly from May 23, so that the hearings close before the the Delhi high court breaks for summer vacation.

The hearings were then adjourned on June 4, 2022, as the court went for summer vacation till July 4.

On October 18, 2022, the Delhi high court rejected his bail plea.

A month later, on November 18, Khalid moved the Karkardooma court seeking a two-week interim bail to attend his sister’s marriage ceremony.

On December 3, 2022 the Karkardooma court acquitted Khalid in a ‘stone pelting’ case related to the Delhi riots, but continued to detain him in connection with the ‘larger conspiracy’ around the riots. On December 12 of that year, he was granted interim bail.

Also read: Umar Khalid, the Historian: His Continued Imprisonment Is a Loss to the Academic World

On April 6, 2023, Khalid filed a Special Leave Petition in the Supreme Court, appealing against the Delhi high court’s October 2022 order, denying him bail, which he has now withdrawn on Wednesday.

On May 18, 2023, a Supreme Court bench, comprising Justices A.S. Bopanna and Hima Kohli, issued a notice to the Delhi government and sought a response to Khalid’s petition within six weeks.

However, since then Khalid’s bail plea has been rescheduled 14 times.

Delhi Riots ‘Conspiracy’ Case: Bail Pleas of Sharjeel Imam, Others To Be Heard Afresh

A special bench headed by Justice Siddharth Mridul had reserved its order in the cases. The judge has now been elevated as the chief justice of the Manipur high court.

New Delhi: The bail pleas of Sharjeel Imam, Khalid Saifi and other persons accused in the Delhi riots “larger conspiracy” case will be heard afresh by the Delhi high court next year.

A special bench headed by Justice Siddharth Mridul, who has now been elevated as the chief justice of the Manipur high court, had reserved its order in three cases – including the bail pleas of Imam, Saifi, Gulfisha Fatima, Meeran Haider, Shadab Ahmed, Athar Khan, Shifa ur Rehman and Salim Khan; and the Delhi police’s appeal to cancel the bail granted to accused Ishrat Jahan.

These cases will be heard afresh by a division bench of Justice Suresh Kumar Kait and Justice Shailender Kaur, which set the start of hearing the appeals between January and February 2024, according to LiveLaw.

The accused, many of whom are activists and students, are facing serious charges under the Delhi police’s FIR 59 of 2020, including those under the Unlawful Activities (Prevention) Act. The case pertains to the riots that broke out in February 2023, which the Delhi police claim was part of a larger conspiracy to defame the Narendra Modi government.

Watch | Umar Khalid Granted Interim Bail To Attend Sister’s Wedding

The former JNU student was arrested in a case related to the northeast Delhi riots of 2020.

On December 12, a court granted Umar Khalid, a former student at Jawaharlal Nehru University, interim bail for one week to attend his sister’s wedding. Khalid was arrested in a case related to the northeast Delhi riots of 2020. For further details, watch the video by The Wire‘s Yaqut Ali.

Court Pulls up Delhi Police for Presenting ‘Irrelevant’ Witnesses in 2020 Riots Case

Despite giving repeated directions to the prosecutor and the investigating officer to check if everything is well with the records in a number of cases in the past, such steps were not taken, the court said.

New Delhi: A trial court on Monday, November 14, pulled up the Delhi Police for presenting “irrelevant” witnesses before it in a 2020 riots case.

Despite giving repeated directions to the prosecutor and the investigating officer to check if everything is well with the records in a number of cases in the past, such steps were not taken, the court said.

Giving a “last warning to wake up”, it asked the prosecutor and the investigating officer to ensure relevance of witnesses in the case.

The court made these observations while examining a prosecution witness, Manoj Kumar, in the case of rioting registered by the Khajuri Khas police station against Noor Mohammad and Nabi Mohammad.

During the proceedings, the counsel for the accused said there was no mention of the complaint of Kumar in the charge-sheet framed in the matter.

The court was told that though several complaints were clubbed with the present case, charges were framed only in respect of two complaints from Dalip and Shiv Kumar Raghav.

Also read: Delhi Riots: ‘Delayed Deployment of Additional Forces Escalated Violence,’ Says Fact-Finding Panel

According to a report by LiveLaw, the investigating officer and special public prosecutor conceded that the charges were not framed in respect of the complaint made by Kumar, or even by another witness, who was summoned for another hearing on Tuesday.

“It has been also pointed out that in the charges, wrong date of incident has been mentioned,” the court said in the order.

“I have perused the record… It has been conceded that charges were not framed in respect of the complaint made by the witness present today [November 14] or even by the witness who has been summoned for tomorrow [November 15],” the judge said.

Saying that there was no purpose in examining Kumar, the court discharged him unexamined.

The case will be next heard on November 29.

As per the report, the first information report, which was filed on the complaint of Dalip Singh, said that on February 24, 2020, his automobiles service centre was attacked by a mob. He alleged that the mob also set on fire 15 motorcycles, robbed his mobile phone and also looted cash.

(With inputs from PTI)

How a Witness Was Hidden From Accused, Defence Counsels in a 2020 Delhi Violence Case

Advocate Mehmood Pracha said no order preceded the `unprecedented’ development: the court was divided into two halves with a curtain.

New Delhi: In a rare occurrence, the sole witness in a 2020 North-East Delhi communal violence-related murder case was on Thursday produced in a Delhi court room after it had been divided into two halves with a curtain. As a result, neither the defence counsels, who stood in one half of the court room, nor the public prosecutors and the police personnel, who stood in the other half, were able to see the witness.

Another curtain was put around the enclosure where the accused stood.

Advocate Mehmood Pracha, who appeared for two of the six accused in the case under FIR No. 61/2020 of Karawal Nagar police station, told The Wire, “This was the first witness in so many of the Delhi riots cases who has been produced in this fashion and whose statement has been recorded in this fashion.”

“There is no provision in law under which a witness can be produced in this manner from behind the curtains,” he added.

“Some of the defence counsels mentioned in the court that this was an unprecedented thing and so it must be recorded in the proceedings,” he said, adding that an order is likely to be passed in the matter. He further said that nothing was mentioned in the court on why the witness was produced in this manner.

Pracha said the witness, Ajit Tomar, was the sole eyewitness in three murder cases. “One of the cases is 54/2020, the other is 59/2020 and the third is 61/2020. He is also the sole eyewitness in all these three cases. He was produced in the court of additional sessions judge Virender Bhatt in case No. 61/2020 today [February 24, 2020],” he said.

The case under FIR no. 61/2020 pertains to the death of one Dinesh, who was admitted in GTB Hospital with a firearm injury. Following his death, a case of murder was registered on February 27, 2020 at the Karawal Nagar police station. The charge-sheet in the case was filed on June 16, 2020.

`No precedent for use of curtains in this manner’

The senior criminal lawyer said he was not aware of any precedent of such use of curtains in a court either in Delhi or in any other part of the country. “There is a court order in this regard. However, there is a provision in Unlawful Activities Prevention Act (UAPA) for this. But that too has to pass a specific order. But there is absolutely no provision in law, even in UAPA cases, to pass this order. There have been some very rare cases in the past where the witnesses have been hidden but nowhere in the country has an entire court been divided into two halves with a curtain in this manner.”

Pracha said in this case too, nothing like this happened earlier during the proceedings. Also, he said, there was no intimation to any of the defence counsels that anything of this sort – dividing of the court with curtains and hiding the witness – will happen. “There was no application, there was no hearing, there was no order to this effect.”

From a constitutional point of view, he said, “This is something very unprecedented and this goes to the root of free and fair trial because I (as a defence counsel) do not know who was on the other side of the curtain.”

Delhi Riots: Court Imposes Fine After Prosecutor Fails To Appear for 10 Months, Seeks Inquiry

A day prior to this, another court hearing the riots cases expressed concern over the delay in disposal of riots cases due to the non-appearance of Special Public Prosecutors.

New Delhi: Noting that the prosecutor has not appeared in a Delhi riots case for the last ten months, a court here imposed a fine on the State and directed the police commissioner to conduct an inquiry to fix the responsibility for the imposition of costs on him and ordered it be deducted from the salary of the person responsible.

Chief Metropolitan Magistrate (CMM) Arun Kumar Garg imposed a fine of Rs 3,000 after an adjournment request was made during a hearing in a riots case due to the unavailability of the Special Public Prosecutor (SPP). The court was slated to hear the arguments on charges.

The judge, while allowing the request for adjournment, said the SPP has not appeared even once since the date of filing of the charge sheet in the case on January 30, 2021.

Request for adjournment is allowed subject to cost of Rs 3,000 to be deposited by the State in the court, he stated in an order dated December 10.

“This court is not oblivious of the fact that the burden of the cost shall fall on the public exchequer and hence I deem it appropriate to direct Commissioner of Police Delhi to conduct an inquiry for fixing the responsibility for imposition of the cost and to order to deduction of same from the salary of the person responsible”, the judge added.

Also read: In First Delhi Riots Conviction, Man Found Guilty of Setting Fire to Muslim Woman’s Home

CMM Garg further directed the copy of the court’s order to be sent to the deputy commissioner of police (northeast district) as well as the police commissioner with a direction to ensure the presence of the prosecutor.

A day prior to this, another court hearing the riots cases expressed concern over the delay in disposal of riots cases due to the non-appearance of Special Public Prosecutors and directed the Delhi Police to appoint more prosecutors to represent the State.

“This is the state of affairs with regards to these riot cases, which are very sensitive in nature and for which this special court was set up. These cases were assigned to a panel of special PPs formed by the police so as to ensure proper and effective prosecution”, Additional Sessions Judge Virender Bhat had said.

He added that the special PPs to whom the cases are assigned do not appear in the court in several cases on account of which cases have to be adjourned without conducting any proceedings thereby resulting in the delay of their disposal.

(PTI)

Police Case ‘Sketchy’ But Judge Cites Sharjeel Imam’s Tone, Tenor, Thoughts to Deny Bail

“Once the legally impermissible foundation of imaginative thinking and disclosure statements… are removed, the prosecution version on this count appears to be crumbling like a house of cards,” the judge said. But he denied bail any way.

JNU student Sharjeel Imam was denied bail on Friday, October 22, after the additional sessions judge of a Delhi court observed that the “tone and tenor of the speech” which he delivered on December 13, 2019 was “incendiary” and tended to have “a debilitating effect upon public tranquility, communal peace and harmony of the society”.

The judge reached his conclusion despite noting that the evidence to support the police theory that persons instigated by his speech had indulged in acts of rioting, mischief, attacks on the police, etc., was scanty and sketchy.

“Neither any eye witness has been cited by prosecution nor there is any other evidence on record to suggest that co-accused got instigated and committed the alleged act of rioting etc upon hearing the speech of applicant/accused Sharjeel Imam. Further, there is no evidence corroborating the version of prosecution that alleged rioteers/co-accused were a part of the audience addressed by applicant/accused Sharjeel Imam on 13.12.2019,” the judge, Anuj Agrawal, noted in Paragraph 10 of his order.

Continuing further, he said: “Upon specific inquiry by this court, Ld. Special Public Prosecutor fairly conceded that at this stage, there is no material available with the prosecution to the effect that applicant/accused and other co-accused persons were members of any common social platform viz WhatsApp etc so as to fasten the liability of acts of co-accused upon present applicant with aid of section 109 IPC.  The essential link between the speech dated 13.12.2019 and the subsequent acts of co-accused is conspicuously missing in the instant case”.

In Paragraph 11, the judge added:

“The theory as propounded by investigating agency leaves gaping holes which leaves an incomplete picture unless the gaps are filled by resorting to surmises and conjectures or by essentially relying upon the disclosure statement of applicant/accused Sharjeel Imam and co-accused. In either case, it is not legally permissible to build the edifice of the prosecution version upon the foundation of imagination or upon inadmissible confession before a police officer.

“Once the legally impermissible foundation of imaginative thinking and disclosure statement of accused/co-accused are removed, the prosecution version on this count appears to be crumbling like a house of cards. Though Ld. Special Public Prosecutor argued that said disclosure statements are relevant under section 8 of Indian Evidence Act, however, the said argument appears to be nothing but a desperate attempt on his part to save the day for prosecution.”

Also read: Court Denies Bail to Sharjeel Imam, Says ‘Tone and Tenor of Speech Tend To Have Debilitating Effect’

The judge, interestingly, did not even conclude that the allegations against Imam for offences under Sections 124A (sedition) and 153A (promoting enmity between different groups on grounds of religion) were prima facie valid. Among the sections which the police invoked against Imam, only these two remained after the judge found other sections of IPC and sections of Prevention of Damage to Public Property Act and Arms Act against Imam inapplicable in the absence of any clear link between the speech and the ensuing violence.

In Paragraph 15, the judge conceded that in view of the settled position of law, the issue of whether Sharjeel’s speech would fall within the ambit of Section 124A IPC or not required a deeper analysis at an appropriate stage.  “However, suffice it would be to observe [sic] that a cursory and plain reading of the speech dated 13.12.2019 reveals that the same is clearly on communal/divisive lines.”

Obviously, the judge was hinting that even if Section 124A IPC was not applicable, Imam may be guilty of violating Section 153A IPC. However, he overlooked the fact that settled law is against his conclusion that Section 153A IPC could be invoked against Imam, if his speech were to be examined both as a whole and in parts.

In his December 13, 2019 speech, Imam had only appealed to his community to oppose the Citizenship (Amendment )Act and the National Registry of Citizens. Though he called for a chakka jam (blocking traffic on the roads), he did not promote enmity between people of two different religions, which would have invited the application of Section 153A of IPC. No doubt, he wanted people of his community to protest against the government which introduced the controversial and discriminatory laws, but he did not blame another community for these laws. Hence, there can be no question of his promoting enmity.

In a catena of cases, higher courts have held that Section 153A IPC can apply only when the accused has sought to promote enmity between people of two different faiths.  Judge Anuj Agarwal’s conclusion, therefore, was inconsistent with the facts of the case.

Significantly, judge Agarwal began hos order with a quote from Swami Vivekananda: “We are what our thoughts have made us; so take care about what you think; words are secondary; thoughts live; they travel far.”

The inappropriateness of relying on a quote from Swami Vivekananda, which had no connection with the facts of the case, apart from the absence of any legal significance, loomed large as the judge gave the impression that the failure of the police to establish a clear link between Imam’s speech and the ensuing violence could be condoned.

Assuming that judge may be correct in relying on what Swami Vivekananda might have said in a different context in order to justify his denial of bail to Imam, one wonders how the judge read Imam’s mind, even though the prosecution itself had not made any such claim.  Telepathy?  If so, the judge could have at least explained what was bad about Imam’s “thoughts” – as opposed to his words which were expressed in his December 13, 2019 speech – which, according to him, were legally prosecutable.   Leaving it to be inferred by the public is legally unsustainable as well as capable of making the entire order appear ridiculous.

Umar Khalid Likens Delhi Riots Chargesheet to ‘TV Script’, Says Police Claims Have No Basis

In passionate arguments, senior advocate Trideep Pais said that while the chargesheet tries to present the former JNU student as communal, “it is the officer who drafted the report and his mind was communal”.

New Delhi: Activist Umar Khalid’s lawyer Trideep Pais on Friday likened the chargesheet filed against his client in the Delhi riots conspiracy case to a TV script, saying there is no basis for any statements that it makes.

Pais made these statements before a Delhi court presided over by additional sessions judge Amitabh Rawat, who is hearing Khalid’s bail plea.

In passionate arguments, the senior advocate said that while the chargesheet tries to present Khalid as communal, “it is the officer who drafted the report and his mind was communal”, according to the Indian Express.

According to LiveLaw, the lawyer said that the hyperbolic allegations in the chargesheet “read like a 9 pm news script of one of those shouting news channels” and are reflective of the “fertile imagination” of the investigating officer.

At a previous hearing, Pais had argued that the Delhi police did not have a case against Khalid and that their entire case was based on truncated video clips of a speech that the former JNU student made in Amravati, Maharashtra.

According to the Indian Express, Pais began his arguments by saying that “witness statements are being fabricated” against Khalid and that one of the protected witness was either speaking under press or with a forked tongue. The protected witness has made different and inconsistent statements in another FIR, Pais said, saying the court cannot take him seriously.

He said the inconsistent statements do not meet the test under the Unlawful Activities (Prevention) Act (UAPA).

The lawyer said parts of the chargesheet were born out of the “fertile imagination of the police officer who drafted it”, giving the example of the chargesheet describing Khalid as “a veteran of sedition”.

“Is this how chargesheets are written? It seems like a script of some news channel. Where did they get this from?” the lawyer said, according to the Indian Express. The chargesheet also described Khalid as the ‘harbinger’ of ‘Bharat Tere Tukde Honge’ slogan, to which Pais said the 2016 sedition case registered against Khalid does not allege that he used the slogan.

“As you go along, you will see there is no basis for any statement… When you procure a statement … against me…  which is unreliable… you don’t give proof because there isn’t, because you are lying. What I have shown is that there is a white lie,” Pais said.

Regarding allegations that Khalid kept a safe distance from Delhi because he knew “Delhi will be thrown into the fire”, Pais sarcastically asked if the police had the ability to read minds, even referring to Voldemort, the antagonist in the Harry Potter book series.

He said portions of the chargesheet have been added to shape public opinion, saying repeated references to the accused being “communal” was meant to drill this point home. “But it has no basis,” Pais submitted, according to the Indian Express.

Pais read out the excerpt which stated that there was a “unmistakable hallmark of a maturing Umar Khalid” and added, “Ye biography likh raha hai mera? (Is he writing my biography?) How can such rubbish be written.”

The lawyer also took on allegations in the chargesheet that the accused persons used gender, media and secularism “to mask” the true intention of the anti-CAA protests. The police have attempted to give a communal narrative to the protests, but this is not the case, he stated.

“Have women said that they were exploited? Or that women cannot have right to protest? I’m not even saying that police is giving it a wrong twist. But is women protesting wrong? Or are they incapable of protesting? Does the movement of any sort be driven only by men?” Pais asked.

“Of course there’s a nationwide protest against CAA. Which statement establishes that everything was identifiable from a particular community? No! It was a secular protest. It’s almost as if having a secular opposition to CAA is wrong,” the lawyer told the court, according to LiveLaw.

The police are attempting to show Khalid as a leader of an “imaginative movement” which contributed to the violence in Delhi, the lawyer said, but there is no basis to support these claims.

Pais read out another portion which said that Khalid “was following the template passed on to him in legacy by his father and the second being the ultra left ideological space”. He accused the police of writing “just about anything”, comparing it to the Family Man web series, which is about an intelligence agent.

“This is the kind of stuff which is read and peddled, the creation of public opinion in order to substitute the lack of evidence to carry out your objective of unfairly prosecute people when you have no material to do so,” Pais submitted, according to the Indian Express.

Pais could not conclude his arguments and the court will continue to hear the bail plea on Monday.

The Delhi police’s investigation linking the Delhi riots with the CAA protests has faced criticism from several quarters. The police have been criticised for arresting activists and students for the conspiracy but not acting against BJP leaders like Kapil Mishra, who gave an incendiary speech just hours before the outbreak of violence.

Courts have also criticised the investigation on some of the riot cases, with a Delhi court on Thursday observed that when history will look back at the worst communal riots since partition in Delhi, “it is the failure of [the] investigating agency to conduct a proper investigation by using the latest scientific methods that will surely torment the sentinels of democracy”.

Backstory: Why Umar Khalid Is in Jail and Other Tales Spun by Media Disinformation

A weekly column from The Wire’s ombudsperson.

In the mid-1970s, when I enrolled as a student in the Indian Institute of Mass Communication (IIMC), New Delhi, we were not taught about sources, at least not formally.

I remember, stock phrases such as “mass media” being “agents of social change”, from communications-for-“development” stalwart Wilbur Schramm, who was a guru for the IIMC in those days. But there was nothing, zilch, about the importance of that fountainhead of all journalism – the “source” – upon which every report gets to be shaped and from which it draws its credibility. It was only after I began my professional life that I began to intuitively understand the importance of the source and why it is one of the inalienable rights of journalists to protect their sources.

The source is a person/institution with information that is of public value. Deep Throat, in the Watergate story, remained a shadowy figure for close to three decades until this former FBI functionary decided to reveal his identity as the source of the reports the Washington Post’s Bob Woodward and Carl Bernstein had filed on the attempted Watergate interception. Their stories ultimately led to the resignation of a US president for the first and, so far, only time in history.  He later revealed that he had decided to let sunlight in into the dark chamber of the Richard Nixon presidency because he was “disenchanted with its ‘switchblade mentality’”. 

Similarly, a crucial element in Chitra Subramaniam’s Bofors investigation was a bureaucrat in the Swedish government she called ‘Sting’, who felt that there was something in the Bofors-India gun deal that did not add up and he decided to make his suspicions public. 

There are sources and sources and not all them have classified information. They may just have been at Ground Zero when an earthquake took place, or walked 700 kilometres back to their homes from the city they were working in, after a lockdown was announced with a four-hour notice. Such people, too, can be invaluable repositories of crucial information that is of great public interest. 

The digital age has complicated this compact between journalists and their sources in significant ways. The right to source protection now has to necessarily extend to digital data and meta-data.  In addition, the possibility of data surveillance by governments and their investigative agencies has emerged an ever-present threat – and the Pegasus scandal flags this (Watch | Pegasus Project: Why Was Former DNA Journalist Deepak Gidwani on the Snoop List?’). 

Yet another fear that has raised its head in the era of online media is that of manipulated digital information being passed off as a credible source. This is done most often through videos, which through clever editing that cunningly melds bona fide information with fake content, or introduce significant elisions to change meaning and context, appear authentic.  

One of the early instances of such malicious action was when doctored video footage was used to frame JNU students for supposed “anti-national” slogans on the campus in February 2016. In one of the videos, widely circulated through news channels like Zee News, Republic TV and IndiaTV, Umar Khalid – then a doctoral student in JNU – was heard supposedly pronouncing the slogan ‘Bharat tere tukde honge‘.

Kanhaiya Kumar, Umar Khalid and Anirban Bhattacharya. Photo: PTI

Since then the term “tukde tukde gang” has been consistently deployed by channels of this kind and of course Hindutva groups to vilify dissenters and human rights defenders. 

Having gone through such an experience once, Khalid – at present in Delhi’s Tihar jail under UAPA charges for allegedly helping to foment the violence that engulfed northeast Delhi in February 2020 – has a keen idea of the inner workings of media manipulation. The unassailable defence his lawyer mounted in a Delhi court earlier this week on how television footage was used to drag him into this case (Delhi Riots Conspiracy Case ‘Cooked Up’, Was ‘Framed by Media’: Umar Khalid’) indicates this very clearly.

The matter revolved around a speech that Khalid had given on February 17, 2020, in Amravati which, in the police version of events, was allegedly “seditious”. But where did the police get their version from?  From videos put out by two TV channels, Republic TV and News 18. Where did Republic TV and News 18 get their videos from? From a tweet put out by Amit Malviya, national “in-charge” of the BJP’s Information and Technology department.

The tweeted version of the speech was cleverly edited to make it sound “seditious”, in the loosely defined way to which our criminal justice system seems partial. In actuality Khalid had, far from giving a call for violence in that speech, had actually conveyed a message of unity of the people and love. 

Khalid’s lawyer summed it well:

“Your material is a YouTube video which is copied from a tweet. The journalist did not even have the responsibility to go there. It’s not a journalistic ethic. This is death of journalism.”

To term this as the “death of journalism” is by no means an exaggeration. There is nothing journalistic about video footage that was not shot by the channels themselves, but procured from a person who is ideologically and professionally committed to the BJP’s brand of politics. It constitutes yet another instance of how many “government directed” TV channels, by passing off skewed newsfeed as authentic, professionally produced content, are conning their viewers and debasing their journalistic credentials.

If there is one thing this case underlines it is the need for journalists, if they wish to be called professionals, to put all information received from their sources through certain key tests. The date the information they procure, for instance, can be crucial in arriving at an assessment of its genuineness. They would also do well to cross-check and access multiple sources before putting out a particular version as the correct one. Most crucial of all however – and this is emerges very strongly in the present case – is to establish the authorship of the material and whether it is independence and credible. 

In this case, the BJP’s IT Cell may well be a cornucopia of stories for media organisations wishing to fly the Modi banner in their newsrooms, but no one can accuse it of conforming, even accidentally, to journalistic principles.

Getting Afghanistan right

The international media will be a major site on which the Taliban will wage its perception battles and this makes it incumbent upon the media across the world to get their coverage of Afghanistan right at a time of great trauma, distress, loss and uncertainty for the Afghan people.

The first and most important principle for media professionals at this critical juncture, I would argue, is to centre in their work the welfare, well-being, and freedom of expression and information of the people of Afghanistan. Afghans deserve to get credible information and access reportage that reflects the true picture of what is happening in their country. Much of Indian coverage of Afghanistan uses the prism of specifically Indian national interest – or at least what is construed as our national interest. This, I would argue, is not helpful in achieving the right tonality in a fast developing news scenario.

Also watch | ‘Taliban the New Ghani, ISIS the New Taliban’: TOLO TV Head Speaks for Engaging New Regime

This “nation first” approach in not unique to India. For at least the last three decades Afghanistan has been viewed through the neo-imperialist lens by the western media. The US in particular, in its two-decade project to subdue and shape Afghanistan to its will, had invested heavily in the mediatisation of this project, and to a large extent the manner in which the world has come to interpret Afghanistan came to be crucially dependent on US media coverage. All coverage of this kind needs critical re-examination or else fresh reporting will only amplify the misinformation and outright falsities propagated by the multi-trillion US military industrial complex.

The second principle is about understanding what the Taliban represents. It is easy to dismiss them as a barbaric horde intent on destroying civilisation as we know it, but stereotypes are singularly unhelpful in this context. More useful would be to understand what the Taliban stood for in their earlier avatar, and what they continue to stand for in the present times. Extreme interpretations of the Sharia law, aided by the Kalashnikov in order to perpetuate every day brutality, have been a Talibani trademark. Today, there are reports to suggest that the Kalashnikovs of yore have been traded in for the M4 carbines and M16 rifles left behind by the US military and Afghan army units, but we will have to see just how interpretations of the Sharia will be used to subjugate the populace. 

A member of Taliban forces keeps watch at a checkpost in Kabul, Afghanistan August 17, 2021. Photo: Reuters/Stringer

How women will be treated under a Taliban order is also a matter of much conjecture and requires a careful handling. A well drafted petition by a group of Muslim women touched upon this by noting that those who are tempted to celebrate the Taliban takeover should be alerted to two important aspects: the “dangerous erasure of the lived experiences of women and minorities in Afghanistan” and the “absence of a public narrative for restorative justice” in the country.

At the same time, the women behind this statement rejected the “alarmist and Islamophobic narratives of media outlets that reproduce tired tropes suggesting that Muslim women everywhere are oppressed and require ‘saviours’.” At the same time, they express their deep anxiety that “advances made in the arena of gender and sexual rights, particularly in relation to bodily integrity, autonomy, education and work, will be eroded by the new regime” and add, “The struggle against narratives that serve the interests of imperialism cannot be used to deflect attention from legitimate concerns about the oppression of women and minorities.”

The fourth and crucial aspect concerns the safety of media professionals operating out of Afghanistan. Many within the country are continuing to report and comment against great odds and the ever-present fear of assassination. Sonali Dhawan, who along with colleague Steven Butler, coordinator of the Committee to Protect Journalists’ Asia program, have been monitoring the situation, had this to say on the safety of journalists presently operating out of Afghanistan:

 “The precipitous withdrawal of U.S. forces from Afghanistan has led to a complete collapse of the government and security forces, leaving journalists at severe risk of violence. There are simply no avenues for journalists to seek protection from authorities and they are essentially relying on their own community, their neighbors, and family members for protection at this point. As much as there is a need for journalists to get out of the country and CPJ is doing its best to do that work, journalists who want to remain in the country must be allowed to freely report on the extent of a humanitarian crisis that is about to occur.”

The fear is real and we in India had an early taste of it when one of our most talented news photographers, Danish Siddiqui, was killed by Taliban fighters on July 16, much before the US withdrawal (‘Danish Siddiqui Was Left Behind as Afghan Soldiers Retreated, New Reuters Report Says’).

His photographs and their captions were a prophecy of impending upheaval, media targeting and catastrophe.

Guha’s gold

Pradeep Guha’s long career within the folds of the Indian media in their various avatars ended with his death recently. It began with print – most notably through an almost three-decade association with Bennett Coleman and Company Limited (BCCL), publishers of The Times of India – and ended with film production. The deluge of obituaries on him rightly noted his genius for monetising media content in ways previously undreamt of, even if it meant draining journalism as a source of public good. The Wire piece, ‘How Pradeep Guha Revamped the Times Group and Turned it Into a Commercial Behemoth’, notes how he made Bennett Coleman into a big, cash-rich company and added that while “journalists felt that the editorial side had been undermined, there was nothing they could do about it”. 

Guha’s Midas touch is often evoked without irony although that fable is deeply ironical – it was, after all, about how gold has this habit of turning toxic. Like Midas, the gold that Guha helped to create for his employers often turned to dross. Yet, so unstoppable was this process of marketisation, so invested were managements in the pursuit of profit over the journalism of integrity, that editor after editor quietly clambered on to the juggernaut. 

This was not just about the creation of new media “products”, it was about mainstreaming globalisation and neo-liberal economics. Media czars like Guha helped to create a “new middle class” which adopted marketised social values and lifestyles.

Leela Fernandes, author of India’s New Middle Class Democratic Politics in an Era of Economic Reform, quotes Guha, then the executive director of the Times of India, on how advertising came to be invested with more importance than editorial content:

“Undoubtedly, then, the advertiser is my target audience, no question about it. It’s the way commercially successful publishers have managed their businesses abroad. But that does not mean that we do not respect our readers. It’s just that we market our product to those readers which our advertisers want. And these readers are then packaged and sold to our advertisers…”

Today this logic extends far beyond market entrepreneurs of the old kind. Politics, fuelled by corporate support, have created numerous multi-media conglomerates in this country, and they who pay the piper call the media tune.

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Readers write in…

The Afghanistan fiasco

Chandigarh-based Aditya Dhillon describes himself as a “concerned citizen”:

Make no mistake, US President Joe’s Biden’s spirited defence of the catastrophic withdrawal of US personnel from Afghanistan, building on his predecessor’s attempt to negotiate with a terroristic organisation, has followed a long history of hasty US interventionism and withdrawal.

When he addressed the media after the US withdrawal, he did the bare minimum. His condolences for the Afghan people rang hollow and he then swiftly proceeded to bash the Afghan government and its people for refusing to fight back. Meanwhile he continued to foist the narrative of repeated US aid and attempted processes of democratisation.

There are grounds to argue that the leadership of the Afghan government was utterly inept and cowardly. But what cannot be ignored is the callousness of the US government in evaluating its own failures. It seems it is incapable of realising the gravity of the situation in Afghanistan or it refuses to do so for the sake of political expediency. The US went to Afghanistan not in the name of democracy or humanitarianism. Afghanistan had been under the yoke of Taliban rule since at least 1996, when US forces invaded the country — and that too solely as retaliation against one of the worst terror attacks in recent history. Eradicating the Al-Qaeda leadership, believed to have been fostered by the Taliban, and striking at the nexus of terror networks in the country, was the prime objective at that point.

Democratisation and the institutionalisation of the democratic processes became necessary objectives in order to justify their continued presence. Yes, the US did complete a large part of its objective of eradicating the Al-Qaeda leadership, including prime target Osama Bin Laden, and it did push back the Taliban. It also fostered a progressive, if severely limited space, for various oppressed groups under the previous regime, including women as well as ethnic minorities. 

However, despite this, one needs to hold the US government accountable for its utter failure to institutionalise the democratic infrastructure. Merely investing billions of dollars in a country without trying to form mutually inclusive bilateral relationships based on the cultural, economic and political institutions of Afghanistan, was not going to magically democratise the country.

The narrative of the ‘incredulous’ collapse of the Afghan army, spread by the powers that be, painfully hides the failures of the US government in building a sustainable model for the Afghan army as well the sheer misgovernance and political naivete of the Afghan leadership. The haste with which the US retreated also adds another dimension to the international discourse centred on the centuries-old partisan conflict between perceived imperialistic and non-imperialistic forces. A recent New York Times opinion piece by Bret Stephens argues that even if the US had to retreat, it should have implemented a better retreat plan; and if with 2,500 personnel it was able to strategically ensure some semblance of peace in the region, should it not have reconsidered the Donald Trump deal?  

India’s situation in this scenario is perilous to say the least. Our government is now potentially exposed to conflict in two theatres. At the same time, the Pakistan regime now has a new proxy theatre on which to base its anti-India operations. India should also not bear the disproportionate costs of the looming humanitarian crisis. India has had a commendable history of resolving international crises, whether it was in the Congo or Korea, although it has also had memorable failures such as during the Hungarian uprising and during the deployment of the peacekeeping force in Sri Lanka. 

The Indian government should use its position in the UN Security Council to push for an internationalist policy while keeping national goals in mind. If anything we cannot and should not repeat the mistakes of other international powers. For once, the US must be held accountable for the Afghanistan fiasco and made to clean up its own mess.

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Anti-national?

Nandkishor Banubakode has strong views on The Wire:

He writes: “Your paper is biased and spreads an anti-national spirit.”

Write to ombudsperson@cms.thewire.in