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Open letter - Prison on Kashmir issue and Muslim matter has broken Kanhaiya

Alwihda Info | Par Hem Raj Jain - 5 Mars 2016

Bengaluru, India

All India Students’ Federation, JNU Students’ Union and All India Students’ Association

Sub:- (i)- Issue not merely freedom of speech / expression but such freedom in University Campuses (ii)- It seems ~ 3 weeks of Jail on Kashmir issue / Muslim matter has broken the spirit of Kanhaiya.

---- The issue is not merely freedom of speech (which is available to any Indian citizen) but such freedom in University Campuses. The sedition charges slapped on Students of Jawaharlal Nehru University (JNU) by Union of India and subsequent incidences / developments have raised an important issue that if following points / issue will not be discussed / expressed in University Campuses then where ?:-

(1)- Prime Minister Modi is involved in JNU controversy as is evident from the fact that Delhi Police Commissioner Bassi went to PMO in the morning on February, 17 and after that Delhi Police, despite order of Supreme Court of India (SCI), again allowed Hindutva goons (including and mainly advocates) to beat, journalist, students, faculty and even under trial JNU Students’ Union President Kanhaiya. The pro - Hindutva Modi is doing it for the simple reason that he finds it politically profitable as Muslim factor is involved (due to Pakistan, Muslim Kashmiri separatists, Muslim Afzal Guru, Islamic Jihadi terrorism etc )

(2)- Patriotism and Nationalism of citizens (real sovereigns) are not supposed to be questioned in any democracy. The State slapping sedition charges on citizens tantamount to be more loyal than the king.

(3)- The SCI has ruled (a law under Article 141 and 144 of the Constitution) that unless a person is directly involved in violence sedition charge cannot be invoked. Though element of violence was not involved still government booked JNU students under sedition charges. Whereas government is not slapping sedition charges on hundreds of thousands of Jats (Hindus) in Haryana (only an alleged inciter has been booked) who were agitating for reservation and have indulged in wide spread violence, immense damage to government and private properties, rape etc. Even in Jadavpur University these slogans were raised by students but sedition charges were not invoked.

(4)- Moreover since when such so-called anti-national slogans have become a crime in India especially when such slogans are regularly raised (especially on every Friday after Namaz) in J&K (Kashmir valley) ? Unless Union of India thinks that J&K is not a part of India. These are legally objectionable blatant discrimination under article 14 of the constitution against accused JNU students, if sedition law is interpreted according to Delhi Police.

(5)- Capital punishment (especially to those who do not kill someone personally as was the case with Afzal Guru) has been questioned by many all over the world even by constitutional authorities in India regarding Afzal Guru. But the way Kanhaiya became apologetic about Afzal matter in press-talk after March, 3 speech and in March, 4 interview to India-Today, it is evident that Jail has broken Kanhayia.

(6)- For healthy intellectual culture of the Universities free expression, debate, inquiry etc are necessary. Hence Police should be allowed to enter campuses only on such request from Vice Chancellors of Universities (on the basis of finding of internal mechanism of the University) otherwise creativity and academic freedom of the Universities will be finished. Here VC of Jadavpur University has shown the way whereas VC of JNU failed miserably.

(7)- If suggestion of Union Minister Venkaiah Naidu (that University students should keep away from politics) is heeded then University students should not be allowed to vote (because voting is a politically informed decision).

(8)- All these problems are due to ‘martial deficiency of India’ (which did not retrieve POK militarily though Pakistan much smaller than India tried so many times and which damages India’s title on J&K due to acquiescence and inordinate delay giving advantage of adverse possession to Pakistan). Hence earlier people of J&K (mainly Kashmiri Muslims) were suffering [where Indian Military (instead of taking-on Pak military for retrieving POK) is showing its ‘bravery’ by training its guns on Indian citizens (the people of J&K), with the support of AFSPA etc. Even rapes in large numbers of Kashmiri Muslim women by security forces have been reported in media] but now JNU is suffering. But Union of India wants that nobody should discuss it or question it not especially in the campus of JNU.

(9)- What is most surprising is that Kanhaiya has not spoken a single word about moving High Court for quashing FIR about sedition charges against not only himself but against all the accused students of JNU in this sedition matter.

It is hoped Kanhaiya will retrieve himself without any further delay and will keep the spirit high of the JNU students (and their supporters all over the world) who have been fighting for freedom of speech / expression in University Campuses.


Hem Raj Jain

(Author of ‘Betrayal of Americanism’)

Bengaluru, India

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