Crime and (no) Punishment
Ram Puniyani

Posted July 25, 2000

Currently we are witnessing strange events. Since the ruling D.F. govt. (Congress and Nationalist Congress) in Maharashtra decided to prosecute Shiv Sena Supremo Mr. Bal Thackeray for his two editorials in Saamna, which were inflammatory and provoked communal animosity and hatred between the communities, the Shiv Sena leadership, including Mr. Thackeray himself are openly issuing threats that the whole Mumbai, Maharashtra and even whole of India will burn if The supremo is arrested. Number of intimidating actions which have threatened the normal life have taken place. In all the language of Shiv Sena the points being emphasised is that this is an act of revenge and they will not let it happen. The central govt. is being pressurised to dismiss the DF govt. as it is inviting trouble to the peace of the state. At the same time a public interest litigation (PIL) is pending in the court which is demanding that action be taken against the guilty indicted in the Shri Krishna Commission report. Meanwhile a minor event, which escaped the notice of most of us was that Mr. Abu Asim Azami was jailed couple of months ago, his prosecution orders are also in the process. The response of Mr. Azami is total contrast to the response of Mr. Thackeray and his cohorts. Mr. Azami said that he believes in the process of law, even though, according to him, he has not made any provocative statement calling for legal action, he is willing to face any legal process as per the law of the land. Also he appealed to his followers to maintain peace and calm.

Thackeray and Communal Violence:

What is surprising on the first appearance is the fact is that Mr. Thackeray and his followers are making further provocative statements, which themselves are damaging to the peace and harmony amongst the communities. None of them has talked about respect for law and the legal process, while repeatedly asserting that this is an act of vendetta.

Immediately in the aftermath of Post- Babri riots many a citizens had filed a PIL calling for action against the venom spewed by the Saamna editorials. These editorial the more infamous of which exhorted 'Hindus' to be aggressive (Hinduni Ata Akramak Whayala Have-Samana Jan. 1, 1993) was a blatant violation of democratic freedom, played a major role in instigating the rioters. "On 1st January 1993 there was an article in Saamna under the caption' Hindunni Akramak Vhayala Have',(Hindus should become aggressive now) openly inciting Hindus to violence." ( Shri Krishna Commission Report Volume 1 page 13) Saamna during all this period was full of insulting references to minority community (Muslims) calling them as landya (A derogatory word for Muslims). Surprise is not that action, though delayed, is being taken against it, but that Mr. Thackeray managed to escape the usual process of law so far.

His interview given to Anita Pratap of Time magazine crossed all the limits of decency, communal amity and plural values, which we have been nurturing so proudly. In this interview he said that he wants to teach Muslims a lesson as they want to practice Sharia (Isalmic law) in his motherland, that if they are leaving Mumbai it is fine, if not they should be kicked out and that it is Nation of Hindus, Hindu Rashtra and also that if Muslims have behaved like Jews in Germany, they will be subjected to siliar treatment here also.

Shri Krishna Commission:

As we all remember in the aftermath of the most ghastly riots, ShriKrishna Commission was appointed to unravel the truth. While the commission was at work after the 93 elections Shiv Sena-BJP govt. came to power and on the ground that nothing comes out of such commissions which are very slow, it was abolished. Due to popular pressure the Prime Minister asked the Shiv Sena BJP govt. to revive the commission. At long last when the report was ready and submitted, the govt. wanted to put it under the carpet on the pretext that it will revive old wounds. When again under the public protests it was forced to release the same, the govt. rejected the findings of the commission on the ground that the commission's report is biased as judge Shri Krishna is anti-Hindu.

The Shields:

All these efforts to prevent the completion of the work of commission, than to reject its findings were mainly prompted by the 'inner' understanding that the crime has been committed by the Shiv Sena leadership. A crime, which is difficult to conceal. They know their actions can never be condoned by the constitutional norms. And these were more than proved in the findings of the commission. This commission debunked the theory that the anti- Muslim violence was a spontaneous reaction of Hindus as a reaction to the Muslims burning of Bane family and murder of two Mathadi workers. "There were attacks going on in the 12 December 1992 to 15 December 1993 period against Muslims and their properties...Several stabbing incidents carried out by professional criminals with the intention of whipping up communal frenzy in which the majority of the victims happened to be Hindus... the communal passions of the Hindus were aroused to a feverish pitch by the inciting writings, particularly in Samna and Navakal." [Volume 1, page 21-22]
 It put the blame squarely on the Shiv Sena and more so Mr. Thackeray for instigating and sustaining the riots.  The commissions report says "the irresponsible act of Hindutva Parties in celebrating and gloating over demolition of Babri structure was like twisting a knife in the wound and heightened the anguished ire of the Muslims. (vol 1 Pg 4)

Maha Arti was invented and started to mobilise Hindus, and they whipped up the communal tension.  Many a times Maha Artis were followed by communal violence and exodus of Muslim families of the area. Between 26-12-92 to 5-1-93,  33 Maha Artis were organised. Schedule of Maha Arti was announced in Shiv Sena mouthpiece 'Saamna'. In this phase Shiv Sainiks procured the electoral lists and marked the Muslim households and establishments in different areas. Justice Shri Krishna points out: "The Maha Artis were started from 26th December 1992 and kept adding to the communal tension and endangering the fragile peace, which had been established. Some (were used to deliver) communally inciting speeches and the crowds dispersing from (them) indulged in damage, looting and arson of Muslim establishments in the vicinity." (Volume 1,page 13)
The most indicting finding of the commission has been "From the conversation which could be heard [by Yuvraj Mohite, Mahanagar Reporter, at Thackray house during the riots], it is clear that Thackeray was directing Shiv Sainiks, Shakha Pramukhs and other activists of Shiv Sena to attack the Muslims, to ensure that they give tit for tat and ensure that 'not a single landya would survive to give the evidence' [vol.ii, Page 173-174]

Shiv Sena : Hindutva Affiliate:

Though Shiv Sena began as outfit demanding jobs for son of the soil, its first targets were Communist trade Unionists who were fairly powerful that time. After having 'taken care' of the trade unionists (in collusion with the management and the ruling Congress party), it turned its attention to Lungiwallahs, (South Indians especailly Malayalees), than Gujarathis and then Uttar Bharatiyas in turn, finally it was  deflated in the wake of Mandal Commission implementation when it opposed the same. To revive its sagging political  hold it latched on to the Hindutva band wagon and allied with BJP to unleash the reign of minority bashing, which is on even currently.

Indian Constitution, Democracy and Hindutva:

Shiv Sena's Chief openly admires Hitler and has contempt for democracy like most of the followers of Hindutva politics secretly and openly have. It is not surprising that they not only openly flaunt the laws of the land (In the prelude to Babri demolition they openly asserted that the verdict of Saints is more important to them than the decision of courts) but when confronted with the legal implications of their crimes they resort to rousing the passions and open threats rather than respecting the law. In a way this attitude of Shiv Sena, Bal Thacheray and the followers of Sangh Parivar (Hindutva ideology ) is not surprising as their very concepts are opposed to the values of democracy. One hopes that the Govt. does not buckle under the threats and intimidation's and abandon the path of 'punish the guilty', the minimum which the democratic norms demand.