Who are free?
The question of justice and rights is debated by Tihar Jail inmate Kobad Ghandy and additional director general of police R. K. Vij
In his article Ghandy had referred to the ignominies and hardship he suffered during his internment at Tihar Jail in New Delhi over the last six years:
"The rulebook and numerous judgments say even convicts (let alone undertrials) should be treated with dignity — but that is only for the books. Crushing the self-respect of the inmate is part of the criminal justice system — not of course if you are tycoon, film star or don…
R. K. Vij (left) and Kobad Ghandy
"Based on a fake confession — not even signed by me, allegedly made in police custody in Telangana, in a language I could neither read nor understand (Telugu), which I even denied having made in court — 10 to 15 cases have been clamped on me…
"In reality, freedom has no meaning if not associated with humanity and justice...”
Referring to the atrocities and killings committed by the Maoists, Vij states, "It’s baffling that a person who doesn’t seem to believe in the country’s parliamentary democracy and its representative institutions, who espouses an ideology that reposes faith in arbitrary dispensation of justice, draws attention to faults in the criminal justice system…
"Ghandy has tried to highlight atrocities inflicted by upper castes on the depressed classes. There are many instances of such treatment in our country, but Ghandy has conveniently ignored the fact that most of the men hacked to death by Maoist cadres belong to the scheduled tribes – one of the poorest classes of our society…
"Ghandy is concerned about ‘no consideration… made for age and health’ of Tihar inmates. His discomfort at the ‘humiliating search… disallowing interaction with relatives and lawyers’ inside gaol is understandable. However, he has missed out on enlightening readers about the dispensation of justice in the jan adalats organized by Maoists in public to punish so-called counter revolutionaries. Antithetical to the canons of common law, Maoists not only investigate the allegations themselves but also punish suspects mercilessly. Most are butchered with their hands tied behind their backs in front of their families — irrespective of age and health…
"Ghandy now, at his own liberty, wants to absolve himself of the sins of the cadres…
"More such ‘revolutionaries’ need to be brought to justice so that lesser mortals can breathe fresh air, free from fear and liberated from the clutches of the imposed ideology….
"Ghandy is right. Only some are free.”
Parsiana asked Ghandy to respond to the allegations made by Vij. Ghandy did not receive our letter of August 26, 2015 and replied when a copy was sent on October 31.
Ghandy’s response:
"Why fear debate?”
"R. K. Vij in his reply to my article (IE, August 15) did not take up any of the points I raised on the questions of freedom. My main point was that it should not be viewed in the abstract but linked to the questions of humanity and justice. It would have been good if he debated this central point. But, instead he went off at a tangent with personal attacks…
"Mr Vij, like all other senior police officers, merely repeated the slander of my being a Maoist party leader. That I am a member of the CPI [Communist Party of India (Maoist)] is the main accusation against me in the courts by the police, which I have denied. And after painting a false picture of me he asks why I am silent on killings of civilians by Maoists.
"The topic was different: neither did I discuss these killings, which are no doubt condemnable, nor that of (Narendra) Dhabolkar, (Govind) Pansare and (Dr M. M.) Kalburgi, nor that of police mass rapes, fake encounters and burning of hundreds of villages in Bastar. Anyhow, as Mr Vij has raised it, it must be remembered that even the deaths due to violence on both sides is insignificant compared to those dying of hunger, disease and poverty. The real issue is not violence but the path of development that will give justice and self-respect to all. The moot question is should the path advance the interests of the mining conglomerates at the cost of lives and habitat of the tribals, or should the path put the interests of the tribals and environment at the forefront?
"As a senior policeman, his militarist blinkers do not allow him to see the developmental issue. While some governments and officials have sought to discuss the issue by calling for a ceasefire, it is such senior policemen that prevent this and promote the militarist line... The suffering of the villagers and the ordinary sepoys in the field is hardly their concern.
"Another grudge he seems to reflect is as to why I should have the liberty to write while I am in jail. He forgets I am an undertrial and have that right as any citizen. But, why is he so afraid of debate? He should appreciate that in this high risk ward every right is being denied me, including proper medical treatment (even though I am 69 with serious ailments), yet I am trying to utilize my time fruitfully. This is no easy task when one is dumped together with the most lumpen and ruthless bladebaz. No Mr Vij, as long as my health permits, I will keep thinking, assessing, reflecting not only on the current situation, but also on my past…
"Mr Vij needs to reflect whether what he is doing in Bastar is honorable! Just yesterday The Hindu reported that three young villagers were killed in a fake encounter in Bastar.”