In the life span of thirty years, Shahid Azmi has immensely contributed to the democratic rights of the undertrial prisoners in India. He was assassinated on February 11, 2010, at his office in Mumbai. It has been eight years since he was killed, but, Shahid’s contribution still lingers in our souls. Through the transcription and translation of Shahid’s lecture, FoEJ Media revisits the life he had lived.
Who Is a Terrorist?
In this lecture, I am going to talk about the allegations of terrorism and what should be our legal action in this regard. Before coming to this topic, it should be clarified who this terrorist is. At least in the background of India, who is this terrorist?
In the last four years, I have got some opportunities where I have represented some arrested accused in cases of terrorism. I am going to talk about what I have understood from that. What is terrorism? What is a terrorist act? This has been defined in many laws from America to India. But who is a terrorist? Who is a terrorist and who is an insurgent?
Before this, I would like to present you a profile of those who are under arrest under the terms of terrorist and insurgent. In history, in Islamic history or any other history, it has never happened that at one time so many terrorists were arrested in the world and were jailed together. In the name of Islam, the number of terrorists who are under arrest all over the world have never been arrested in such a short period of time. America is under arrest. England is under arrest. Canada is under arrest. Afghanistan is under arrest. Israel is under arrest. Pakistan is under arrest. India is under arrest.
If one day a person takes a train from Assam to Bombay and when he picks up the newspaper of Assam, four people from four districts are arrested in the name of Islamic terrorism. Some people are arrested in Bihar. Some people are arrested in Uttar Pradesh. How many people have been arrested from Marathwada so far? How many people have been arrested in the last three years? The list we have is that 11 people have been arrested from Marathwada, five from Aurangabad, five from Manjalgaon, two from Manjalgaon, three from Beed and one from Parli.
What I meant to say was that thousands of people have been arrested in the name of terrorism for no reason. There has never been a period like this in history. In such a period, the Ummah has closed its eyes, closed its ears and closed its tongue and has been silent like this. This has never happened in history.
A Pattern of Arrests
Now look at the profile of some terrorists. Three years ago, a boy was arrested from Mumbra, a satellite town in Bombay. He was accused that as soon as he came back from training in Pakistan, the police reached his house and arrested him. They interrogated him. Who sent you to Pakistan? Till then, he receives a phone call. He picks up the phone. The police ask whose phone it is. He says this is the phone of the person who sent me to Pakistan for training. The police say call him here. Call him lovingly. Do not let him know that we are here. Let him come. When he comes, they arrest him.
The senior inspector who arrests him says do not touch me, I am the man of this commissioner. Go and talk to the commissioner. The police officer calls the commissioner at the same time and reassures him that the man who sent an innocent boy for training is the commissioner’s man. He is released. This boy is sent to jail. He stays in jail for three years.
On 23rd November, Star TV published a letter of a terrorist who attacked the Red Fort. He writes, I have been working for the central intelligence agencies of India for many years. Our way of working was that I was sent to a Muslim area. I was told to take a house near a mosque. After taking a house near the mosque, I was told to start praying and befriending Muslim youth. After befriending Muslim youth, I used to incite them for jihad. I used to send some people for training. When they returned, I used to arrest them. These agencies used to reward me.
This is another profile of a terrorist. When he himself was arrested in the Red Fort attack, he made it clear that he had no chance of escaping. This is the third profile, which is called a guest Mujahideen. These are Pakistanis who come from other countries to carry out terrorist activities in India. In the same Red Fort case, another boy was arrested who was told that he was from Pakistan. During his defence, he told me that this officer from RAW had called him from Pakistan to India and asked him to do a job for which he would get money. I had been working in Pakistan as an agent in India for many years.
I came to his house and borrowed money from his mother. It was written leave and license. I made a leave and license agreement and stayed in his house. This is that leave and license agreement.
The court calls the officer from RAW. His testimony begins. During the testimony, the judge asks him what he does. He tells the judge that he has no right to ask this question. I do some confidential work in the Cabinet Secretariat. Everyone in the world knows that the Cabinet Secretariat and the intelligence agencies work together. The judge presents his Cabinet Secretariat identity card to the court. He also presents the leave and license agreement and admits that he did not give his house on rent. I was outside and my mother gave it.
This is the fourth profile of terrorism. And there is a constant profile, a very common profile which you have been seeing since 1989. A few young men reach one place. A team of other young men comes there. The intention is that we will give them weapons at this time. And just at that time, a police car comes and arrests them and they leave. This is repeatedly seen. This is how Jalil Ansari is arrested. Many people are arrested in this way. All the people of the 1997 bomb blast case are arrested in this way. Whenever there is a series of weapons, people are arrested in this way.
The people who were arrested in Marathwada in the Aurangabad Arms Haul case were also arrested in this way. That weapon was coming and we went to take the weapon. We were arrested in this way. This is the repeated way. This is not a way, it has become a pattern. And the person who gives the weapon is never arrested.
Look at the case of Haren Pandya in Gujarat. The Maulana centre of conspiracy which is closely related to Narendra Modi is not arrested in this way. The rest of the people are arrested in this way. The place from where the rest of the people are arrested is also present but a few seconds before they leave from there. Till today the government is looking for them to arrest the rest of the people.
Is this terrorism? Is this terrorism?
Anti-Terror Laws
From 1967 a new section was started which is called the Unlawful Activities Prevention Act 1967. Under this the central government had the power to ban any movement or organization and declare it as unlawful. From 1971 a new section was started. Jamaat-e-Islami was banned. Majlis was banned for a small waqf. In this way many movements and organizations were banned.
The central government used to declare an organization as unlawful when it felt that this ban would not be continued. A central tribunal would remove this ban during its appointment and put a National Security Act on those members and for two years they used to go to jail. This had a dangerous appearance under the name of MISA in 1977.
After 1984 a new section was started. Under this for the first time in India a law was made which is equal to the constitution. This is believed in legal circles. Criminal jurisprudence allows this. But before the Terrorist and Disruptive Activities Act of 1985, a Terrorist Areas Affected Act was made which was not so important. But the Terrorist and Disruptive Activities Act, known as TADA, was made in 1985.
In this, any statement given in front of an SP or DCP could be used as proof in court. Only without that statement any person could be sentenced to death. This is the law which for the first time violated Articles 20, 21, 22 of the Constitution of India. A right of silence has been given. A criminal has a right of silence that he should not give any evidence against himself. But such a law was made where his statement was enough to be used. Many political protests took place. Politics took place with Muslims. 80,000 Muslim youth were arrested. Not only Muslim youth but also old people were arrested.
Silence and Responsibility
You have many rights in the Constitution. You have many rights in the Acts. You have many safeguards. But no one dared to raise this issue.
