[Reader-list] Fwd: [pudr-info] Condemn Arrest of Dr. G.N. Saibaba

[Nagraj Adve]

---------- Forwarded message ----------
From: PUDR Delhi <pudrdelhi at gmail.com>
Date: 10 May 2014 10:56
Subject: [pudr-info] Condemn Arrest of Dr. G.N. Saibaba
To: activist at pudr.org
Cc: pudr-info at pudr.org, CDRO <cdro at pudr.org>


*People's Union for Democratic Rights*


*Condemn Arrest of Dr. G.N. Saibaba*

10 May 2014

PUDR condemns the abduction and arrest of G.N. Saibaba by men in mufti in
broad daylight, on 9th afternoon. Dr. Saibaba, an Assistant Professor of
English in Ram Lal Anand College was returning home around 1 p.m. after
participating in the University's examination evaluation work in North
Campus when his car was stopped and he was blindfolded and whisked away by
plain clothed personnel of the Maharashtra Police. According to latest
reports, he has been taken to Nagpur already.

In a blatant lie, DIG (Gadchiroli), Ravindra Kadam, said to the media that
Dr. Saibaba was arrested in the morning. In total violation of procedures,
the plain clothed men who abducted Dr. Saibaba gave no copy of the arrest
warrant to his wife and instead informed her anonymously over phone. It
must be remembered that Dr. Saibaba's residence has already been raided and
he was questioned four times in the past six months in connection with his
alleged links with Maoists. It must also be remembered that Dr. Saibaba
suffers from 90% disability and is confined to the use of a wheelchair.

Dr. Saibaba is presently arrested in the case in which Prashant Rahi and
Hemant Mishra have earlier been arrested. This case is registered at the
Aheri police station in Gadchiroli district (FIR No. 3017/2013) under
sections of the Unlawful Activities Prevention Act (UAPA). PUDR has
documented and highlighted numerous instances of gross violations of
individual rights that are endemic to the operation of laws such as the
UAPA. At the societal level, the UAPA permits banning of political opinion
as per the whims of the governments in power. This in turn becomes the
basis to target the individual or the group that the governments perceive
as undesirable and to hit them with legislated violence. The doors to
justice and judicial remedy become so highly restricted that those targeted
languish in jails for years on end.

In the present case too, the entire charge against those accused rests on
the vagueness of the UAPA provisions and the arbitrary power to impose ban
on political organisations. Prashant Rahi and Hemant Mishra already
arrested in this case have been charged under UAPA sections 13 (unlawful
activity), 18 (conspiracy in terrorist acts), 20 (member of terrorist
gang), 38 (membership of terrorist organization) and 39 (support given to
terrorist organization). The reason why the UAPA is deployed is that the
accusations brought forth would not stand ground if the same were made
under the normal laws of the land with normal procedures and normal rules
of evidence.

The enhanced punishments under the UAPA and the carefully crafted jingoism
of terrorism on the one hand conceals the socio-economic and political
reality faced by those whose live on the margins of prosperous India. On
the other hand, it helps to perpetuate a helpless sense of fear in people
at large from an imagined ruthless and inhuman enemy. This then permits a
willing public ready to deny the basic rights to large sections in exchange
for imagined safety and security.

The shocking reality of the world of UAPA yet continues to haunt us. It
appears again and again as a misuse here, an injustice there and yet
another... The way out of this labyrinth is to reject this law that
attempts to redesign our democracy in its own authoritarian shape.

We therefore demand that the UAPA provisions being used to incarcerate Dr.
G.N. Saibaba be removed forthwith. There is no reasonable defence available
with the police to keep Dr. Saibaba in custody: he has been available for
and has cooperated with police investigation whenever such need has arisen
in the past, he is confined to a wheelchair with very limited mobility.
These are pressing reasons that he be released from custody.

PUDR appeals once again to all citizens to grasp the rapid corrosion to
democratic norms and institutions being caused by the continued use of
UAPA, to oppose every application of UAPA and to demand is total repeal.

D. Manjit and Asish Gupta

(Secretaries)

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