Defensive violence is not illegal

P A Sebastian, founder president of International Association of People’s Lawyers, says Vishnu and Vikram believe in an ideology that shuns offensive violence but accepts its defensive avatar The founder president of International Association of People’s Lawyers (IAPL), P A Sebastian, is angry at the state’s attitude of branding every voice of dissent as that of a Naxalite and every protest against its authority as anti-national. The IAPL has been at the forefront in fighting cases in defence of several alleged Naxalites like Arun Ferreira, Vernon Gonsalves, Vishnu and Murali. On Tuesday, the Anti-terrorism Squad (ATS) arrested its lawyer K D Rao for his alleged Naxal links. In an interview to Mumbai Mirror, Sebastian speaks of how the state machinery has now turned against IAPL for having stood for the democratic rights of Ferreira and others. Excerpts: IAPL has been defending several arrested individuals who the police claim are Naxalites. The question is not whether they are Naxalites or not. The question is: do they have any democratic rights? All are equal before law. There is no special law for a Naxalite, as there is no special law for RSS. Similarly, law does not differentiate between Vikram, Vishnu or Sonia Gandhi. You can’t arrest someone just because they belong to a particular group or party. You can’t arbitrarily arrest people and torture them for their ideological leanings. Are you saying that Vishnu, Vikram, Murali and Ferreira are not Naxalites. Anyone who raises a voice of dissent against the state, anyone who fights for the rights of the poor and deprived in this country is branded as a Naxalite. They are arrested and tortured to send a signal to the people to deter them from questioning state’s authority and reveal its failures. Over 83 per cent of people in India earn less than Rs 20 a day. Tribals, who have been living in the jungles since time immemorial, have been branded as encroachers as jungles are state property. Forest officials and police harass them. There is an explosive situation in the country and the Indian state is sitting on powder keg. Vikram, Vishnu, Rao and others have been fighting for the rights of these people and so the state wants to terrorise them and anyone who raises a voice of dissent. And to fight this dissent, this term called “Naxalite” has been invented. They are political workers, not Naxalites. K D Rao has been part of IAPL for sometime and has argued in defence of Arun Ferreira. Why do you think he was picked up? If you look at the case in which he has been arrested, you will understand. The case dates back to 2001 in which a policeman was killed in the witness box while Rao was cross-questioning him. What has Rao got to do with his killing? Since then, police have not been able to arrest anyone. Suddenly after six years, they have picked up Rao. What were they doing until now? Rao was not hiding anywhere. It is all because IAPL has stood up for people like Ferreira who have fought against state oppression. The state is victimising us. They have even been keeping a watch on our movements. On Sunday night, when ATS officials raided Vikram’s house in Andheri, Susan (Vikram’s wife), who works with us, called me up. The inspector told Susan there was no use calling me up as I was not keeping well and had just come out from Bombay Hospital. Now, this is a fact that I had not told anyone. How did ATS come to know of it? You are calling them political workers, but how do you justify violence in this political revolution? There is difference between offensive violence and defensive violence. Vishnu and Vikram are people who believe in an ideology that shuns offensive violence but accepts defensive violence. Defensive violence is not illegal. There is nothing in the Constitution that says you can’t protect yourself, even if it requires the use of a weapon to kill someone. The state only cries “violence, violence”. It never gives the context in which a particular violence has taken place. It’s the state that has been using offensive violence against the oppressed.

Controversy over arrest of alleged naxals

The arrest of two men, alleged to have Naxal links, by the Maharashtra Anti-Terror Squad has sparked off a controversy.

ATS officials claim that they have evidence to show that the two men, Sridhar Vishnu and Vernon Gonsalves, were planning to carry out blasts in the city.

Gonsalves is a former economics professor at Ruparel and KC Colleges in Mumbai.

In the 1980s, he spent 10 years working with labour unions in Chandrapur in the Vidharbha region. For the last one year, Gonsalves has been in Mumbai recovering from a leg surgery.

His family claims that the allegations are false and that he was never a member of the Naxal movement.

But what could have gone against him, they say, is the fact that for nine years, from 1984 to 1993, he worked for tribals in the Naxal-affected Chandrapur district.

The police, however, say that Gonsalves is the Secretary of the Maharsahtra unit of the People’s War Group, a banned outfit.

Both the men, the police allege, were planning to carry out blasts in the city and have been charged under the Arms Act and the Explosives Act.

”From both the accused, firearms were recovered with live bullets, one hand grenade, detonators and high explosive gelatin,” said Dr PS Pasricha, DGP, Maharashtra.

But both Vishnu and Gonsalves have challenged these claims. They insist that the arms were planted at Vishnu’s residence in Govandi, while the police were searching his home.

”The police have falsely fabricated that he was arrested from somewhere else. Would somebody be carrying all that they have said in person? It just does not make sense. Its obvious it was set up,” said Mahrukh Adenwala, Defence Advocate.

In May this year, the arrest by the Nagpur police of social worker Arun Ferreira had sparked off a similar controversy.

Based on a pen drive and documents seized, the police alleged that Ferreira was a serious threat to Mumbai.

And these latest arrests will revive the debate over whether these are false or genuine arrests.

http://www.ndtv.com

Top Naxalite leader held in Malkangiri

Wednesday August 22 2007 10:49 IST

MALKANGIRI: In a major breakthrough, the Special Operation Group (SOG) on Tuesday arrested Naxal Motu Dalam ‘deputy commander’ Nabeen from Tandabai village under MV-79 police limits.

Malkangiri SP S K Gajbhiye said acting on a tip-off, the SOG jawans raided the house of the Naxal leader and apprehended him. He was involved in a series of incidents in Malkangiri and Koraput during the last one decade.

The SP said Nabeen was involved in the looting of the Koraput armoury, blasting of former minister Arabinda Dhali’s residence in Malkangiri, murder of Motu police station inspector and attack on MV-79 police station.

On August 16, the SOG also arrested two Maoists from Parajaguda village under Balimela police station of Malkangiri district while five others escaped during a combing operation on Monday. They were later identified as Mati Deva and Padia Makami.

The police had seized some incriminating documents and rubber stamps from them. During the interrogation, the Maoists had admitted their involvement in the murder of one Mukund Madhi sometime back

http://www.newindpress.com