In Ulta Pradesh, the Adityanath Government is Throwing Law to the Winds

The new jurisprudence which has arisen in the soil of Uttar Pradesh pays little attention to the illegality of penalising protesters.

My mind is boggling considering what is going on in Ulta Pradesh (sorry, Uttar Pradesh) lately. I was 20 years a lawyer and 20 years a judge, so I thought I was well versed in the principles of law, but now I am learning a new jurisprudence which can only be found in Lewis Carroll’s Alice in Wonderland

The Queen of Hearts in that renowned work shouts at prisoners, “Off with their heads“, and when someone dares to ask what about a trial, she says:

“Trial later, first off with their heads.”

Similarly, the shahenshahs of UP (I dare not call them modern Neros, for fear of defamation suits) who seem to have sprouted by the dozens lately in connection with the anti-Citizenship Amendment Act protests in the state, have been imposing heavy penalties, sealing shops, and confiscating properties left and right, all without holding a trial, which will come later (if at all), and without sanction of any statute.

Thus, the poet Imran Pratapgarhi was slapped with a Rs 1.05 crore fine in connection with the anti-CAA protest at the Eidgah in Moradabad by the shahenshah of Moradabad, district magistrate Rakesh Singh. This fine has been calculated on the basis of the daily cost of deployment of the police and paramilitary forces at the Eidgah protest site.

The DM said his permission had not been taken before holding the protest. But Article 19(1)(b) of the constitution states:

“All citizens shall have the right to assemble peaceably and without arms”.

And no permission of the DM is required to exercise this fundamental right. 

Of course, in view of Article 19(3), a law can be made placing reasonable restrictions on this right in the interest of sovereignty of the state or public order, but there was no allegation of violation of the sovereignty of the state or public order by the anti-CAA protest at the Eidgah in Moradabad.

The shahenshah of Muzaffarnagar (the district magistrate) ordered the sealing of over 67 shops belonging to alleged anti CAA protesters, but one wonders under what law, and how these shopkeepers were identified, and whether they were given any opportunity of hearing. In an earlier article I had warned that such lawless acts, if not stopped, would be the beginning of a fascist era in India.

Also watch: Ground Report of Police Brutality in UP: Stories of Fear From Muzaffarnagar and Meerut

The soil of UP seems to be breeding many such shahenshahs, and now the latest one, K.P. Singh, additional district magistrate (East), in a Tughlaqi farman, has ordered a sum of Rs 63 lakhs to be recovered within 30 days from 28 anti-CAA protesters for damage to public property during the protest at Parivartan Chowk, Hazratganj, Lucknow in December 2019. 

Among these 28 are S.R. Darapuri, a 77-year-old retired IPS officer and Md Shoeb, a 73-year-old activist who claim they were under house arrest at the time of the incident. Another activist, Sadaf Jafar, who was arrested and badly treated by the police, claims she had nothing to do with the violence.

The basic objection to these high handed acts of the executive authorities is that they could not have legally been done without court orders, and the court could not have passed such orders without a regular trial, in which the accused were given full opportunity of hearing, through counsel if they so wished.

No doubt fines can be imposed under Section 147 of the Indian Penal Code, as well as under the Prevention of Damage to Public Properties Act, 1984, for damage to public property, but these are penal statutes, and for penal offences a trial as laid down in the Code of Criminal Procedure must be held before imposing any penalty on the accused.

This is whether the state is seeking to impose a fine, confiscate property or seal shops, and these penalties, too, can only be imposed by the court, not the executive authorities.

But the new jurisprudence which has arisen in the soil of Ulta Pradesh does not require all this.

After all, we are living in Wonderland.

Justice Markandey Katju is a former judge of the Indian Supreme Court.

Watch | Ground Report of Police Brutality in UP: Stories of Fear From Muzaffarnagar and Meerut

A journey into the heart of the protests and the injustices that have been at play since.

The echoes of anti-CAA protests were heard across the country in the last days of December 2019.

In western Uttar Pradesh, people had participated in such protests in large numbers. In Meerut and Muzaffarnagar, among many places, the Uttar Pradesh police made serious allegations against ordinary people.

We visited these areas a month and 10 days after the incident to find out what happened to the protesters.

Hear the words of the people.

‘History Was Accelerated in the Wake of BJP’s 2019 Victory’: The Wire Interviews Christophe Jaffrelot

The eminent political scientist speaks on the seismic changes of the last six months that have nearly brought Indian democracy to a halt.

 New Delhi: The six months that have passed since Narendra Modi assumed power for the second time as prime minister of India have seen developments that look destined to have an impact on Indian democracy that will be felt in the years to come.

India has quaked with widespread protests against the controversial Citizenship Amendment Act and the possibility of a nationwide National Register of Citizens

The demonstrations, in which large sections have hit the streets in the last few weeks, were preceded by the Modi government stripping Jammu and Kashmir of its constitutional autonomy, and the Supreme Court delivering a verdict in which disputed land in Ayodhya, on which Babri masjid once stood, was given to Hindu parties. 

Ironically, the apex court held that the act of demolishing the Babri masjid in 1992 was illegal but still thought it fit to hand over ownership of the rights of the land to Hindu organisations because of their belief that a Hindu temple existed there before the mosque did.

Photo: Twitter/@jaffrelotc

The Wire spoke to eminent political scientist Christophe Jaffrelot on these seismic changes that, according to many, have brought Indian democracy to a halt.

Jaffrelot has been researching and writing on the politics of South Asia for the last two decades. He has authored multiple books on the politics of Hindu nationalism and caste-based mobilisations in India. He recently co-edited Majoritarian State: How Hindu Nationalism is Changing India and is writing his next book on the 1975 Emergency. 

He is currently professor of South Asian politics and history at Sciences Po, Paris, and King’s India Institute, London. He is also the research director at the Centre National De La Recherche Scientifique (French National Centre for Scientific Research) in Paris.

In this wide-ranging interview, he analyses recent political developments in India, offers insight on Hindu nationalism under the leadership of Modi, the evolution of the Rashtriya Swayamsevak Sangh over the decades, and links current Indian politics with the global spurt of right-wing populism. 

While the first part of the interview deals with the current developments in India, the second focuses on the evolution of Hindutva nationalism

India is witnessing nation-wide protests against the Citizenship Amendment Act (CAA) and the proposed National Register of Citizens (NRC). Such a scale of protests is unprecedented in India’s recent memory.  

Indeed, we had not seen such a popular protest since the Anna Hazare movement 10 years ago. In fact, some of those who had demonstrated then may well be on the streets again – except, of course, those belonging to the Sangh parivar, who played such an important role in the Hazare movement, and except Anna Hazare himself.

Protest against the CAA and NRC in Kota, Rajasthan. Photo: PTI

What strikes me is the over representation of young Indians – girls as well as boys – in this movement, something we may also explain by the economic crisis as the youth is the primary casualty of joblessness.

And this feature calls to mind another comparison, with the mass demonstrations initiated by Mahatma Gandhi during the Freedom movement – non violence and civil disobedience were already the mottos at that time, and were already difficult to implement and maintain…     

Many observers feel that the CAA is a paradigmatic shift in India’s legislative history, given the fact that it allows the government to determine citizenship on the basis of religious identities. What do you think of it?

In most countries, including mine, France, there are two definitions of the nation in competition.

One that is territorial and one that is ethnic. According to the former, all those who reside in the frontiers of the nation-state are eligible to citizenship. According to the later, you may be born out of these borders, if you belong to the dominant ethnic group (defined by race, religion, language…) you’re potentially a national of this country.

The idea of India that is enshrined in the 1950 constitution and that found expression in the 1955 Citizenship Act does not refer to religion, simply because it is based on humanist, universalistic values.

Also read: ‘Not Hindu Nationalism, But Society That Has Changed’: Christophe Jaffrelot

Hindu nationalists do not share these views because they define India on the basis of ethno-religious categories. In that sense, yes, there is a paradigmatic shift in the making because non-Muslims coming from Bangladesh, Pakistan and Afghanistan will be seen as refugees and would be in a position to apply to citizenship; whereas Muslims will be seen as illegal migrants and may become stateless.        

What do you make of the unprecedented police crackdowns on university spaces?

You probably refer to the way policemen shot unarmed demonstrators in the street and forced their way to university campuses and even hospitals. I do not know how unprecedented that is. I have just finished a book on the Emergency with my co-author Pratinav Anil, and we have been struck by the intensity of police repression of the JP Movement that took place just before the declaration of the state of Emergency, not to mention what happened after June 26, 1975 in Kashmiri Gate or elsewhere. 

The geography of police repression – like during the Emergency – needs to be taken into account too: Uttar Pradesh, parts of Karnataka and Delhi were more badly affected than other parts of the country. This is a reflection of the lack of autonomy of the police vis-à-vis their political masters. Those who ask for a reform of the police will be vindicated by the lack of professionalism that some law and order enforcing forces have displayed over the last few months.      

Anti-CAA protests at Mangaluru. Photo: PTI

The proposed National Register of Citizens (NRC) is set within an anti-immigrant narrative. Do you draw any parallels with European nations, where such a narrative has been there for some years now?

In Europe, the proponents of the ethno-nationalist discourses that I’ve just mentioned are articulating a similar anti-migrant narrative.

Viktor Orban, in Hungary, is a case in point. In Poland, the ruling party is also promoting a Catholic definition of the nation at the expense of multiculturalism. But these forms of xenophobia is also evident from West European countries, including France and UK – where this anti-foreigners discourse is the subtext of Brexit to a large extent.

Extreme right parties, whose European MPs had been invited to visit Jammu and Kashmir recently, cash in on the fear of the Other – and primarily the Muslim – for political purposes.

The politics of fear helps them to build electoral majorities, even when migrants are in small numbers. As Arjun Appadurai has shown few years ago, “the fear of small numbers” is a powerful one!                  

Also read: Goodbye Citizenship, Hello ‘Statizenship’

Stifling dissent in India, which has often taken pride in its liberal democratic set-up, is on the rise. Some observers say that Indian government has adopted a proto-fascist approach, while some are of the opinion that its authoritarianism can’t be equated with fascism.

Fascism is totalitarian, not authoritarian only. In a fascist regime, there’s no meaningful elections, elections the rulers can lose – be it at the national level or at the state level. But this is the most obvious difference with the Indian situation. There are others, that I underlined in my first book on the Sangh Parivar, 25 years ago, where I distinguished Hindu nationalism from fascism on two grounds. 

Firstly, RSS had never cultivated any personality cult: sarsanghchalaks come and go, but the organisation continues to grow, in contrast to European fascist movements which could only survive when the founder had a son or a daughter – and sometimes not even then.  

Secondly, European fascists have been obsessed by state power, whereas RSS is more interested in conquering society, via the shakha network and the myriad of the organisations comprising of the Sangh parivar – a modus operandum that endows the movement with greater resilience.

RSS chief Mohan Bhagwat with HCL founder and chairman Shiv Nadar (2nd from left) in Nagpur on October 8, 2019. Photo: PTI

Clearly, the Hindutva movement has changed on both grounds, but to what extent, I do not know and we will know only after BJP will have to reinvent itself in the post-Narendra Modi era.              

If responses of the Modi government’s functionaries are seen on the CAA-NRC issue, it seems they have reduced the debate into a semantic battle with those against the controversial laws. In fact, they have been able to create a positive narrative for every measure they have taken in the recent past.

For instance, the Modi government justified its decision to revoke Jammu and Kashmir’s constitutional autonomy as necessary for the region’s development. Similarly, for CAA, it has said it is opening up India for persecuted minorities. What do you have to say?

Such a rhetoric is not surprising. What is more surprising is the way the mainstream media (and even foreign countries) accepted it.

First, human development indicators show that J&K is doing better than most of the other Indian states, something that is largely due to the land reform that the state had achieved and, to some extent, to the fact that Muslims tend to register lower infant mortality rates, especially among girls.

The way the government of India feels for persecuted minorities needs to be qualified too: if compassion was the driving force behind its policy, the Hindu Tamil migrants from Sri Lanka should benefit from the CAA too, like the Ahmadis and the Hazaras (or other Shias) from Pakistan.

Both lists – the list of the eligible minorities and the list of the countries they are supposed to come from – are contradicting the official discourse based on compassion, a sentiment everybody should cultivate more to across the globe by the way: the list of countries should have included Sri Lanka excluded and the list of religion should have included Muslim minorities.           

In Modi’s second term, the Union government has virtually revoked Article 370 by reading it down. Then the Supreme Court too handed the disputed land to Hindu organisations in the Ayodhya title suit verdict. And now CAA and NRC. These are issues that the Sangh parivar has long advocated. How do you see these developments?

It is true that history got accelerated in the wake of the BJP’s second electoral victory.

You may explain it in two ways: first, governments can more easily make big decisions immediately after they received a mandate from the voters – and there is no doubt that most of the changes you are mentioning were electoral promises of BJP.

Secondly, the economic slowdown is turning out to be so severe that, as I anticipated five years ago, identity politics has to gain momentum for mitigating people’s disenchantment and for distracting them from real issues: this kind of ‘scapegoats politics’ is as old as politics itself!   

Also read: Inequality, Not Poverty, is Behind the Global Rise of Identity Politics

Specifically, what is your reading of the Supreme Court’s Ayodhya title suit verdict? How would these developments impact Indian politics?

We tend to consider lawyers as above society, as spared by the contingencies of political developments because they are supposed to apply constitutional principles which, by definition, are relatively a-temporal. But they live with their times.

They are influenced by the changing mindset of their milieu. And the Ayodhya story offers a great illustration of the ways Supreme Court’s verdicts are context-driven. 

In December 1992, the P.V Narasimha Rao government had requested the president of the Republic to seek the opinion of the court on the question of “whether a Hindu temple or any other religious structure existed prior to the construction of the Ramjanmabhoomi-Babri Masjid”.

After two years of reflection, the Supreme Court had responded that this question was “superfluous and unnecessary and does not require to be answered”.

A lawyer reacts as he displays a religious flag during celebrations after Supreme Court’s verdict on Ayodhya land dispute, outside the court in New Delhi on November 9, 2019. Photo: Reuters/Adnan Abidi

Fifteen years later, in spite of the fact that no new archaeological information has been added to the case, the Supreme Court lawyers have been in a position to say that a Ram Mandir had to be built where there was one before. More importantly, the court argued that the religious sentiments of the Hindus had to be paid attention to – something the Allahabad high court had already said in 2010.

Such a formula is problematic because it suggests that the religious sentiments of the minorities, by contrast, can be ignored (in spite of the fact that the Supreme Court, in 2019 acknowledged that the demolition of the Babri Masjid was illegal). It is also problematic because it shows that religious sentiments prevail over the provisions of the Constitution according to which all citizens are equal, irrespective of their religion.

Recent developments, including the silence of the Supreme Court about J&K, reflect a similar form of judicial majoritarianism – or even judicial populism.

Indian Muslim feel deeply alienated in current times. Are new layers of citizenship being created by the ruling regime, say, on the lines of Arabs in Israel or Ahmadiyyas or Hazaras in Pakistan?

The CAA, indeed, prepares the ground for a de jure second class of citizenship: the descendants of two migrants who come from the same village in Bangladesh may have a different fate according to their religion; the non-Muslim will be considered as a refugee and will be eligible to citizenship whereas the Muslim will be seen as an illegal migrant and may end in a camp.

But Muslims have been at the receiving end de facto for years, as evident from their over representation in jail – that is a reflection of the police’s bias: this over representation disappears if one considers those who have been convicted because the proportion of Muslims among those whose case has been examined by the judiciary is not much higher than the percentage of Muslims in society.

And we see innocent Muslims released after years in jail, the moment judges pay attention to them.

This is only one entry point in this conundrum: Muslims are now poorer and less educated than Dalits (who have benefited fully from positive discrimination), they suffer more and more from ghettoisation, and the number of Muslim MPs and MLAs is shrinking, etc.  

Read the second part of the interview here.

Failing to Prove Rioting Charges, Muzaffarnagar Police Invoke JJ Act Against CAA Protestors

Police claim that the protestors used children for “illegal activity”, though the FIR did not mention the presence of children.

New Delhi: After cases registered against those detained for alleged violence during anti-Citizenship (Amendment) Act protests by Muzaffarnagar police began failing legal scrutiny, the cops have added additional charges under the Juvenile Justice (Care and Protection of Children) Act, saying the protestors used children for “illegal activity”, according to the Indian Express.

Almost a month after the Muzaffarnagar police booked 107 people under charges that included attempt to murder and rioting during the protests against CAA in December, many have been granted bail by courts because of lack of evidence.

To prevent more people from getting bail, the police are now invoking Section 83 (2) of the JJ Act against at least 33 persons who were named in the FIR lodged on December 21, according to the newspaper. The FIR also names 3,000 unknown accused. If found guilty under this section, a person can be imprisoned for seven years.

According to the Indian Express, 33 of the people who were named in the FIR have been granted bail, including 14 who were charged under the JJ Act. The FIR which the police claimed was based on testimonies of police personnel deployed at the protest site, did not mention children being used for “illegal activity”.

The FIR stated:

“The accused person, present at the Madina Chowk. indulged in rioting. created an atmosphere of terror, forcing everyone to shut their shops. They also destroyed public property and indulged in arson. Police officers were also injured and taken for medical examination. The accused was also involved in stone-pelting with intention to harm police deployed at the spot.”

On January 17, additional sessions judge Sanjay Kumar Pachauri ordered the release of two accused persons, relying on Supreme Court judgments stating that protection of life and personal liberty is an important factor when deciding on bail.

Also Read: In Bijnor, Children Give Harrowing Accounts of Beating by UP Police After CAA Protest

Muzaffarnagar police invoked the additional charge under the JJ Act after 19 people were released on bail, the Indian Express reported, either by police or court, due to lack of evidence or after the withdrawal of charges of grievous offences. “In the case of five accused, police themselves granted bail under Section 169 of the Code of Criminal Procedure which is invoked when ‘evidence is deficient’. Ten were released by the sessions court after police were only able to prove that they had prima facie violated prohibitory orders, and were not involved in rioting or attempt to murder,” the newspaper reported.

In many areas of Uttar Pradesh, police have been accused of arresting people, mostly Muslims, who were not present at the sites of protest. They have also been accused of using excessive force against protestors. In Lucknow, a local court granted bail to Congress activist Sadaf Jafar and former IPS officer S.R. Darapuri after the police did not submit any evidence to support their claim that the duo was involved in the violence reported during CAA protests.

The Muzaffarnagar police’s move to invoke sections of the JJ Act comes just days after the National Commission for the Protection of Child Rights (NCPCR) wrote to all director generals of police (DGPs) asking them to take note of the ‘misuse of children in protests’ and take necessary action. Child rights activists have slammed the government body for failing to take note of reports of alleged illegal detention of minors, adding that the presence of children at protests gain “exposure to constitutional values of equality, secularism and democracy, love and respect for all”.

According to other reports, police in other parts of Uttar Pradesh are planning to follow suit and file charges under the JJ Act for the presence of children at protests. Bijnor police claimed that children were “forced” to be at the protest.

Watch | ‘During Anti-CAA Protests, UP Police Fired Shots at Most People Above the Waist’

A fact-finding report been prepared by under a campaign, ‘Citizen Satyagraha’ has made stunning revelations.

Students from around 30 universities across the country released a fact-finding report in Delhi on Wednesday on the behaviour of the police during anti-CAA demonstrations in Uttar Pradesh.

The team visited 15 violence-affected districts of Uttar Pradesh. In this video, The Wire’s Vishal Jaiswal speaks with Manish Sharma, social worker associated with the fact-finding team.

The report has been prepared by the team under a campaign named ‘Citizen Satyagraha’.

Watch | Interview: ‘Modi Government Will Have to Bow to People’s Demands’, Says Mohammad Shoaib

The Wire’s Vishal Jaiswal speaks to the president of Rihai Manch, who was detained in Lucknow before a massive protest against the Citizenship Amendment Act.

Mohammad Shoaib, president and senior advocate of the human rights organisation, Rihai Manch, who was detained in Lucknow before a massive protest in Uttar Pradesh against the Citizenship Amendment Act on December 19, was released on bail recently after spending a month in jail. In this interview, The Wire‘s Vishal Jaiswal speaks to Mohammad Shoaib about his time in jail.

Rihai Manch Chief Says RSS, BJP Conspired to Turn Peaceful Protests Violent in UP

The Manch’s general secretary said that the Yogi Adityanath government was trying to dodge any accountability by falsely prosecuting innocent people.

New Delhi: Addressing a press conference in the national capital on Tuesday after his release from the Lucknow district prison, senior lawyer and president of the Rihai Manch, Mohammad Shoaib alleged that peaceful agitations against the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) on December 19, 2019, were disrupted by RSS and BJP members and turned violent.

“We have reason to believe that it was a well thought out conspiracy,” Shoaib added.

Advocate Shoaib, who was granted bail by a Lucknow court last week, stepped out of jail after almost a month on Sunday. He has been charged in connection with violence in the state capital during the anti-CAA and NRC protests on December 19. According to a report in The Hindu, he was one of over 1,240 persons arrested by the police over violence during protests in Uttar Pradesh.

Speaking to the media, he said, “I was also arrested during the Emergency and back then I was hailed as a freedom fighter but today I am portrayed as a rioter and conspirator.” He also alleged that, at the behest of the administration and the political class, newspapers were also regularly publishing false news to discredit the work done by the Manch and its members.

Also read: ‘Reign of Terror’: Fact-Finding Team Returns From UP With Accounts of Targeted Police Violence

Apart from Shoaib, another prominent member of the Manch, Robin Verma was arrested and put in jail for several weeks. According to a press statement by the Manch, Robin was badly beaten up while in custody and was repeatedly interrogated about the whereabouts of Rajeev Yadav, the general secretary of Rihai Manch.

“The Circle Office (Police) abused him and his family members and threatened them with cases so their lives would be ruined forever. The way the police was calling out these people shows that the police is hell-bent on targeting individuals who would advocate for the rights and welfare of the common people,” read the statement explaining the ordeal faced by Verma and his family.

Addressing media persons, Yadav alleged that the Yogi Adityanath-led government was trying to dodge any accountability by falsely prosecuting innocent people. He also claimed that the phones of many people who had been arrested and detained, including members of the Manch, had been tapped.

“Profiling of people through their protest expressed on social media and the online activities, even those who had just submitted memorandums opposing the CAA and NRC were interrogated as if they are conspirators behind the violence,” he added.

Speaking at the event. eminent lawyer Prashant Bhushan said, “The movement against the CAA and NRC is second freedom struggle and this is a fight against those who do not believe in the constitution of India.” He further said that the fight would go on and no one could stop it. “The current regime will have to face serious repercussions of it,” he added.

Also read: In Firozabad, UP Govt Accused of Using Illegitimate and Unchecked Force

Meanwhile, on Monday the UP police booked women protestors in Lucknow demonstrating against CAA-NRC at the city’s Ghanta Ghar for rioting, unlawful assembly, disobedience, etc. As per a report in a national daily, three FIRs have been filed and the accused include daughters of the renowned Urdu poet Munawwar Rana.

The FIRs are against 135 unidentified and two dozen named persons. So far, no arrests have been made. However, at least two people have been put under house arrest, which includes Samajwadi Party students’ leader Puja Shukla.

Just last week, a people’s tribunal jury had observed that “the state of affairs in UP shows a complete collapse of the rule of law. In fact, the very state administration that is charged with protecting the rule of law is perpetrating violence upon its own people”.

Watch | People’s Tribunal Jury Statement on UP Police Brutality on Anti-CAA Protestors 

The jury said it was “deeply worried and dismayed”.

On hearing victims’ testimonies and the fact-finding teams’ reports, a jury formed by the People’s Tribunal on State Action in UP said it was “deeply worried and dismayed” at the behaviour of Uttar Pradesh police when it came to dealing with protesters demonstrating against the CAA.

“It is convinced that the entire state machinery, led from the top, acted with grave prejudice and perpetrated violence targeting one particular community, the state’s Muslim population, and the social activists leading the movement,” a statement from the jury said.

Allahabad HC Takes Suo Motu Cognisance of Crackdown on CAA Protests

Bombay high court advocate Ajay Kumar referred to reports in two newspapers about alleged atrocities against madrasa students in Muzaffarnagar.

Allahabad: The Allahabad high court on Tuesday issued a notice to the Uttar Pradesh government on an email by a Mumbai-based lawyer alleging that the crackdown in the state during anti-citizenship law protests was antithetical to core constitutional values.

In a letter to Chief Justice Govind Mathur, Bombay high court advocate Ajay Kumar referred to reports in two newspapers about alleged atrocities against madrasa students in Muzaffarnagar by police during crackdown on those protesting against the contentious citizenship law.

A prayer was made in the email to have a judicial enquiry in the matter.

Also read: CAA: Congress Activist Sadaf Jafar, Former IPS Officer Darapuri Released From Jail

After going through the contents of the letter and the news reports annexed with it, the bench, comprising the chief justice and Justice Vivek Varma, said: “We considered it appropriate to treat the letter as a petition for writ.”

The court directed the registry of the high court to register the email as public interest litigation (PIL).

During the hearing, senior advocate S.F.A. Naqvi placed the news reports before the bench.

The court directed the registry to take the news reports on record and appointed Naqvi and advocate Ramesh Kumar as amicus curiae in the case.

It has fixed January 16 as the next date of hearing.

Watch | RJ Sayema Explains – and Sings – Faiz’s ‘Hum Dekhenge’

IIT Kanpur has formed a panel to decide whether the spirit of the poem is ‘anti-Hindu’.

Radio Mirchi’s RJ Sayema translates and explains Faiz Ahmen Faiz’s poem Hum Dekhenge in this video.

The poem which has grown into a protest staple with a tune of its own, was sung by students of IIT Kanpur, at a December 17 march organised in solidarity with the students of Jamia Millia Islamia, upon whom police had unleashed violence on December 15. This later snowballed into a controversy big enough for the institution to form a panel to decide whether the spirit of the poem is ‘anti-Hindu’.