[Reader-list] Update on Seema Azad Case- Protest on June 26th- Emergency Day

[asit das]

Update on Seema Azad Case- Protest on June 26th- Emergency Day

Kavita Srivastava-
This is short note to give you a quick update in the Seema Azad case.
At a few hours notice a meeting was called on the 13th of June, 2012 at the
Gandhi Peace Foundation against the conviction by a trial court sentencing
 the Seema Azad and her husband Vishwa Vijay to life imprisonment. the
meeting was called to share the travesty of justice in the flawed judgement
condemning Ms Seema Azad and her husband Vishwa Vijay for life in prison on
ridiculous grounds. Seema Azad the organising secretary of
PUCL<http://www.pucl.org/>,
Uttar Pradesh is a cultural and literary activist based in
Allahabad<http://maps.google.com/maps?ll=25.45,81.84&spn=1.0,1.0&q=25.45,81.84%20%28Allahabad%29&t=h>.
She was the editor of Dastak, a monthly magazine.


 The Delhi<http://maps.google.com/maps?ll=28.61,77.23&spn=1.0,1.0&q=28.61,77.23%20%28Delhi%29&t=h>meeting
was attended by more than 35 persons who  included Justice Rajinder
Sachar <http://en.wikipedia.org/wiki/Rajinder_Sachar>, ex chief justice of
the Delhi and Sikkim high Court, and former president of the PUCL,  Ravi
Kiran Jain <http://en.wikipedia.org/wiki/Jainism>, Vice President PUCL and
Senior Counsel Supreme Court & Allahabad High
Court<http://maps.google.com/maps?ll=25.4530555556,81.8205555556&spn=0.01,0.01&q=25.4530555556,81.8205555556%20%28Allahabad%20High%20Court%29&t=h>and
was her lawyer for Seema; Shri Anand
Swaroop Varma, Editor of Teesri Duniya and writer; Neelabh, poet and
writer, Harish Dhawan of the PUDR, Chhittranjan Singh, Mahipal singh and
Kavita Srivastava from the PUCL, Harsh Dhobal from HRLN, Madhuresh from
NAPM, Roma and AShok Chowdhary from the National Forum for forest workers
and forest people, journalist Bhasha Singh, Literary critic Ajay
Singh<http://en.wikipedia.org/wiki/Ajay_Singh>,
Adiyog from Lucknow, ND Pancholi from PUCL Delhi, Mahtab from the FPHRD
along with several other activists, lawyers and literary persons.
The meeting began with Mr. Chittranjan Singh welcoming all and stating the
two fold agenda of the meeting, which was mainly sharing of the critique of
the judgement and planning the campaign activities.
Mr. Ravi Kiran jain presented the critique. the 70 page judgement, showed
no evidence. According to Mr Jain the case at no stage went never went
beyond the FIR. Infact the incriminating piece of evidence that the police
had tried to show,  were mainly books and pamphlets and other “Maoist”
literature that they were supposed to be carrying and had on their body at
the time of their arrest on the 6th of February, 2012, Mr, Jain clarified
that under no circumstance any of this could be counted as evidence, as the
police had broken the seals of the packets without taking the magistrates
permission and therefore tampering and planting of material could not be
ruled out.
Secondly, the police had taken Seema’s remand illegally after the
completion of ninety days, which is not permissible. During this two day
remand they  had taken her to her house, where they showed the recovery of
two mobiles and some more literature. Apart from the fact that the remand
itself was illegal and had been challenged in the Allahabad High Court
where a recall application was pending. The proper search was not carried
out as according to
CrPC<http://en.wikipedia.org/wiki/Criminal_Procedure_Code%2C_1973_%28India%29>rules
and therefore planting of material was possible. .
Apart from this there was no other shred of evidence, although the
prosecution tried to string together Seema’s case with one other case made
out in Gorakhpur and 2 cases of Kanpur,  where according to the police they
picked up several maoists, who were actively involved with the CPI
(maoist)<http://peoplesmarch.googlepages.com/>party. They tried to
show how they had seized the same literature and there
were some confessions of some other prisoners which showed that they were
Maoists.  Which goes against the Indian jurisprudence where confession in
front of police is not addmissable as evidence.
It was shocking to read that Seema had been convicted for sec 13
(punishment for indulging in unlawful), 18( punishment for conspiracy), 20
(being a member of a terrorist gang), 38 (membership of a terrorist gang),
and 39 (providing support to a terrorist organisation ) of the
UAPA<http://en.wikipedia.org/wiki/Unlawful_Activities_%28Prevention%29_Act>amended
2004 and 2008, and u/s 120, 121 and 121(A) of the IPC.
 It also came as a rude shock to all that that Seema had been sentenced to
10 year rigorous imprisonment in most of the above sections along with
fines of 5000 to 10 thousand rupees. except in 13 where is it was 5 years
rigorous imprisonment. She was also sentenced to life u/s 121, waging war
against state.
For those who are not aware rigorous imprisonment means working in either
the factory of the jail or in the kitchen
Mr Ravi Kiran Jain shared with all that the criminal appeal would be filed
in the Allahabad High Court very soon. although they have sixty days but
they would not wait in this case.
Mr Anand Swaroop Varma and Neelabh Ashk shared the possible campaign that
we could undertake.
 It was decided  that

   1. 15th June : Press conference exposing the travesty of justice
   condemning Seema to life, will be addressed by Justice Sachar, Ravi Kiran
   Jain, Anand Swaroop Varma and Neelabh Ashk will address, Ravi kiran jain
   will present the legal critique.
   2. 26th June: Emergency Day : PUCL Convention against the judgement in
   the Seema Azad case, all groups will be invited to participate . Along with
   condemning the judgement a campaign for the release of Seema Azad will also
   be planned. A poster will also be released for this purpose.  A critique of
   the judgement will be presented which will be prepared by Ravi Kiran Jain,
   Harish Dhawan, Neelabh Mishra and Anand Swaroop in English and Hindi and
   will not be longer than 5-6 pages.
   3. 25th June : Delhi activists to protest outside UP Bhawan.
   4. The entire judgement will be translated in english, which is being
   coordinated by Harish Dhawan.
   5. It was also planned that Allahabad and Lucknow must have protests,
   probably several groups are already planning this. Also a letter to
   Akhilesh Yadava against this conviction.