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"This is not a hand (Congress
symbol), it is the power of the lotus (BJP symbol). It will cut
the head of... Jai Shri Ram," a PTI report quoted Varun Gandhi
(29) as telling an election meeting in Pilibhit, his attack
directed at the Muslims. At another meeting, the PTI report said,
he said: "If anyone raises a finger towards Hindus or if someone
thinks that Hindus are weak and leaderless, if someone thinks that
these leaders lick our boots for votes, if anyone raises a finger
towards Hindus, then I swear on Gita that I will cut that hand."
Varun Gandhi’s hate-Muslim speech makes his BJP squirm
Express News Service: Lucknow, Tue Mar 17 2009, 02:04 hrs
Mr Varun Gandhi, BJP M.P. was all smiles when he emerged from the
courts which had acquitted him in the second hate speech case.
Expressing confidence in the Indian Constitution and India's Legal
System he said 'truth has prevailed'. Only a few days ago another
court in UP had acquitted him of the first hate speech case. It
may be added that when extracts of the speeches he had allegedly
delivered during election campaign in 2009 had appeared in a
section of the press, the then Mayawati government had promptly
filed cases against him and ordered his arrest and had to spend
some time behind bars before bail was ultimately granted to him
then.
It is interesting to recall how BJP, had then reacted to his
alleged hate speeches. Officially it was stated then that the BJP
party squirmed when his controversial speeches had made headlines,
with one of its spokesperson claiming that Varun's outburst "did
not reflect BJP's traditional culture". It it was a different
matter that the then party president Mr Rajnath Singh had gone to
visit him in jail supposedly to show solidarity.
Coming back to the case and looking at the legal proceedings, one
finds that there are many gaps, which have allowed this acquittal
to happen. In fact, the role of the Akhilesh Yadav led government
in the whole case has also come under scanner. Few months back
newspapers carried out a report wherein it was mentioned that Akhilesh led government was contemplating withdrawal of cases
against the young M.P. As this report - which was never confirmed
nor rejected - raised an uproar in the state, no formal withdrawal
of cases was done. A fact which has been noted by activists is
that once it was known that state government was not keen to
follow the case witnesses started turning hostile..
Another point concerns the issue of voice sample. The forensic
report had stated that unless and until they get a voice sample
they would not be able to confirm it whether the said speeches
were made by Mr Varun or not. It is really surprising that despite
repeated instructions by the honourable court Mr Gandhi had not
agreed to submit his voice sample to the police which would have
validated the prosecution's charge against him. According to him
his speeches had been edited by local channels to make it seem
like he was promoting communal hatred. Interestingly the
broadcasters were unable to furnish the original, unedited footage
to the police. 51 witnesses produced by the prosecution did not
indict him for delivering speeches to provoke communal hatred.The
same witnesses were used for the second case. The courts also did
not deem it necessary to call reporters of the TV channels as well
as the print media, which had carried report about the
controversial speeches.
A statement issued by 'Rihai Manch' - A forum for the release of
innocent Muslims imprisoned in the name of Terrorism' , Lucknow,
(email- rihaimanchindia@gmail.com) has thrown light on the way the
witnesses in the case turned hostile - en masse. According to them
it cannot be called mere coincidence that during hearings in the
said cases held on 24 th November and 29 th November, total 18
witnesses turned hostile, The press release further underlined
that when Mr Gandhi refused to give voice samples to the public
prosecutor, he neither apprised the courts of Mr Gandhi's refusal
nor deemed it necessary to emphasise the point and ensure that it
was done.According to them it rather vindicates the fact that the
state government was keen to release Mr Varun Gandhi and not to
punish him.
'Rihai Manch' also questioned the role of the judiciary in the
whole case. It added when advocate Asad Hayat, associated with the
Manch put forward a prayer before the CJM court in Pilibhit on 25
th February that since Mr Varun Gandhi's said speeches had hurt
his religious feelings therefore the channels who had shown his
speeches be called as witnesses. The petition also requested to
the honourable courts to ensure Mr Varun Gandhi's voice sample be
taken and if he does not comply then consider it adverse inference
in his case and declare that it was his speech only. The court did
not admit the petition and because of the insistence of public
prosecutor rejected it on 27 th February.
Mr Asad Hayat then put a revision application in the highcourt and
also petitioned the CJM's court a second time that since an
application is pending before the highcourt in connection with
rejection of his case on 27 th February, it is requested that the
CJM's court does not decide on the matter till the highcourt gives
its decision. Here also because of the resistance put forward by
the public prosecutor, the CJM court rejected his application on 4
th March and finally gave its verdict on 5 th March.
One does not know what will happen next. With more than eleven
communal riots in a period of less than a year, under a government
which has received fullsome support from the minorities, Akhilesh
Yadav led government has exhibited its ineptness in handling
communal elements. If justice is to be done in the hatespeech case
it is incumbent that the state government challenge this decision
by moving a fresh application in the high courts. Looking at the
fact that there is a world of difference between what the
Samajwadi Party claims and does, the possibility seems really dim.
Subhash Gatade is a Writer and social activist based in New delhi.
Subhash also edits a Hindi Journal Sandhan. His most recent book
is "Godse’s Children: Hindutva Terror in India". He is associated
with 'New Socialist Initiative' Email. : subhash.gatade@gmail.com
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