Thursday, May 16, 2013

How Varun Gandhi silenced the system - Tehelka expose

NB: When Indira Gandhi imposed an Emergency in 1975, Sanjay Gandhi became the de-facto commander of her goon squads in a very short time. He was the person who launched the vasectomy campaign, as well as the brutal slum clearances that led to the bulldozing of workers dwellings in Turkman Gate. Sanjay was the most hated and dictatorial figure during that time. He made no secret of his contempt for the Constitution and for lawful practices. He was the outstanding manifestation of the criminalization of the polity. This was further proven by the fact that several of Sanjay Gandhi’s henchmen (Sanjay himself died in an air crash in 1980) were associated with the Delhi carnage of 1984

It is worth noting that the RSS/BJP  have not only taken Sanjay Gandhi's descendant into their fold, they have elevated him to high office. It is also worth remembering that the BJP’s voters transferred their support to the Congress in the 1985 Lok Sabha elections. (Why else did the BJP win only 2 seats?). The Sanghi’s should examine their consciences when they talk about 1984 – if they disapprove of the carnage of Sikhs, why have they appropriated the strongest living emblem of the Emergency and of 1984? Congratulations to Tehelka for this extremely important expose.

Varun is now perhaps unique in the history of the Indian legal system. He had three cases against him with 88 prosecution witnesses. Every single one of them has turned hostile. Just this is enough to raise suspicions. Surely, the higher courts need to take note of it. It’s not just Varun’s reputation that is at stake, but the whole idea of credible courts. 

If the perpetrators of the 1984 anti-Sikh riots had been brought to book, perhaps the carnage of 2002 would have been less vile and rampant, if not stemmed altogether. The political patronage given to the perpetrators of 1984 gave rise to people like Babu Bajrangi and Maya Kodnani. If Varun had been meted proportionate punishment in time, perhaps Akbaruddin Owaisi would have learnt to hold his tongue. 

This is a story about a terrible travesty. , 33, has recently been in the news for two reasons. First, he has been exonerated of all charges in the hate speeches he allegedly made in the run-up to the 2009 Lok Sabha election. Second, he has been made the national general secretary of the BJP, the youngest politician ever to be elevated to this post. Now, an explosive TEHELKA sting investigation shows he is not entitled to either. 

TEHELKA’s investigation proves that not only did Varun make the venomous speeches he is accused of, he has compounded the original wrong by brazenly subverting the entire judicial process to get his name cleared. He has also indulged in anti-party activities, deliberately making his own party candidate lose an Assembly election in  in 2012 so that a Samajwadi Party (SP) leader sympathetic to him could win and help him fix the cases against him.
The subversion of justice has been so blatant that all 88 witnesses in the cases have turned hostile. This is perhaps unprecedented in any criminal case in the world. Many of these witnesses have been caught on TEHELKA’s hidden cameras admitting they were coerced or bribed into changing their testimonies. They speak of how  Superintendent of Police Amit Verma and other police officers threatened witnesses. In one instance, a witness claims he received a call directly from Varun’s office. The witnesses also speak of how the judicial process was turned completely on its head; how their testimonies were taken in the absence of the judge; how their statements were crafted by the lawyers and their thumb impressions or signatures taken; of how they were not cross-examined, often not even summoned to present their testimonies.
Startlingly, these accounts are strongly corroborated by key BJP and SP leaders caught on TEHELKA’s cameras. (In fact, BJP leader Parmeshwari Dayal Gangwar— district vice-president of Pilibhit — gives the most devastating account of Varun’s actions.)
The investigation also found that Public Prosecutor MP Verma — tasked with upholding the law of the land and bringing the guilty to justice — and the court itself were suspiciously negligent in following due process in bringing the high-profile leader to justice.
For instance, 18 witnesses were examined in a span of just two days. They all turned hostile, but neither the public prosecutor nor the court raised any flags. They failed to object even when other witnesses gave blatantly contradictory statements. Further, when Varun refused to give a voice sample — crucial evidence for the prosecution’s case — the public prosecutor agreed to it without any objection. Several important witnesses were not even produced in the court because the public prosecutor himself filed an application saying there was no need for them to do so.
As an example of cynical political expediency — a willingness to bend every institution of democracy — the story could not get starker. Or darker. What also makes this story particularly significant is that it lays bare how easily systems are subverted by the powerful in this country.
Before the evidence, the backdrop: Varun Gandhi’s controversial political journey began in 2009 when he decided to stand for his first Lok Sabha election from Pilibhit in Uttar Pradesh on a BJP ticket. As a Nehru-Gandhi scion, Varun should have been one of the natural inheritors of what is perhaps the world’s most illustrious political legacy. But his mother Maneka Gandhi’s famous spat with Prime Minister Indira Gandhi had meant political anonymity for him.
In March 2009, that anonymity was rudely broken when visual footage of Varun spewing venom at Muslims in his election rallies erupted on national television. The country was astounded. Here was Jawaharlal Nehru’s great-grandson in a role absolutely antithetical to the idea of India his great grandfather had played such a pivotal role in establishing.
Millions watched as these hate speeches — captured by several people on their phones and cameras — were played on loop on television channels. At the Election Commission’s insistence, two cases were filed against Varun for inciting hatred and creating communal disharmony. He was arrested on 28 March 2009 and stayed behind bars for 20 days.
Another case was registered against him for the violence that took place during his surrender at the Pilibhit court. He was charged for rioting, damaging public property and attempt to murder. Yet, though thousands had heard his speeches at the rallies and millions had watched it on television, on 4 May 2013, the Sessions Court of Pilibhit acquitted him of all the charges in these three cases, on the grounds of insufficient evidence.
The illegal and immoral lengths Varun went to, to get these exonerations, have all been caught in TEHELKA’s sting investigation... See more
More on the subversion of justice: