[Reader-list] Fact Finding Report on assault of Prof Waghmare

[Asit Das]

Fact Finding Report on assault of Prof Waghmare following WhatsApp post
Posted by :kamayani On : April 21, 2017
0

*from kraktivist blog*









Date of Visit: 25th March 2017

This is a report of an eight-member fact finding
<http://en.wikipedia.org/wiki/Fact-finding> team constituted by the Joint
Action Committee for Social Justice, Mumbai
<http://en.wikipedia.org/wiki/Mumbai> to inquire into the assault on Prof
Sunil Waghmare, head of Commerce department
<http://maps.google.com/maps?ll=38.8943,-77.0161333333&spn=0.01,0.01&q=38.8943,-77.0161333333%20(United%20States%20Department%20of%20Commerce)&t=h>
of
KMC college in Khopoli <http://en.wikipedia.org/wiki/Khopoli> (district
Raigad, Maharashtra). The series of events related to this incident took
place between 15th and 17th March, 2017.



Following media reports, the factfinding team visited Khopoli on 25th
March, 2017 and met local activists, eyewitnesses, the complainant Prof
Nagargoje, the principal of KMC college, the Investigating Officer of the
case, as well as the lawyer who filed the bail application on behalf of
Prof Waghmare.

On 27th March, Prof Sunil Waghmare was also met and interviewed for his
version of events. Members of the fact finding team: Harshali and Suvarna
(Samata Vidyarthi Aaghadi), Janani (independent), Sharad Gaikwad
(Republican Panthers), Ushakiran ((Republican Panthers), Michael (Research
Scholar at IIT Bombay
<http://maps.google.com/maps?ll=19.1336361111,72.9153583333&spn=0.01,0.01&q=19.1336361111,72.9153583333%20(Indian%20Institute%20of%20Technology%20Bombay)&t=h>,
Paankhi Agrawal and Salim Saboowala (Committee for Protection of Democratic
Rights).

THE INCIDENT ‘

The following is a description of the events as they unfolded, beginning
from the time a WhatsApp message was posted, upto the time of arrest of
Prof Waghmare. This has been prepared on basis of the information provided
by various persons whom the fact-finding team met and interviewed, and a
verification of all documents, screenshots and letters mentioned.

The KMC College Whatsapp Group was created 4 years ago and had 34 members
comprising the professors and principal of the college. Khopoli Municipal
Council (KMC) college of Arts, Science and Commerce is managed by the
Khalapur Taluka Shikshan Prasarak Mandal (KTSPM). Prof Amol Nagargoje of
the Chemistry department is the administrator of the WhatsApp group.
Members have been known to share forwards and jokes on the group, and this
team came across several messages posted in the past on the group
containing jokes, forwards, wishes, political messages, etc. from its
members, as told to us by members of the WhatsApp group.

15th March 2017 – the message is posted: On the night of 15th March 2017,
when forwards relating to Shivaji Jayanti were being shared, Prof Waghmare
forwarded a message that he had received on a different Whatsapp group,
that he had seen from a friend’s facebook page. When the Professor
<http://en.wikipedia.org/wiki/Professor> was interviewed, he clarified that
he had not composed the comment. This forwarded message contained the
following comment: (reproduced and translated below)

*“Aamhi maantoy mhanun … maanaycha tari kaay??? . . . Tumcha baap tari don
vela janmala hota kaay?????”*

*‘Just because we are believing… should we continue to believe? . . . Was
your father born twice?????’ *

The post refers to the various dates on which Shivaji’s birthday is
commemorated. This message was posted at 23:41 hours on 15th March 2017,
and evoked no response at the time from the members.

16th March 2017

On the next day, at 11.30am, the college Principal has met Prof Waghmare
and has asked him about the comment, and asked him to apologize for the
same. Prof Waghmare has clarified that this was posted only as a forward,
that no offense was meant, and that he would apologize if anyone was
offended. Being someone who respects Shivaji, he clarified that he had not
intended any offense to him. With this, the conversation has ended. At this
point, the Principal, who was met at a corridor, has said “your comment has
gone outside.”

The WhatsApp chat of the day is as follows: 10.52 am, Professor Nagargoje
posts a message to all 34 members stating that the message sent by Prof
Waghmare is not in line with the the objectives of the group, and that the
group is meant only for official communication. It may be observed here
that such a warning has not been given in the past ever on the group by the
admin or anybody else, to any of forwards by any of the other members,
however irrelevant, as told to us by members of the WhatsApp group spoken
to.

This was a first-time warning of the kind.

12.05 pm, Prof Gandal
<http://en.wikipedia.org/wiki/List_of_Mazinger_characters>: “Nagargoje sir
group delete kar”

2.29pm, Nagargoje: “Dear all prof I am resolving(sic) this group”

The above message shows that the principal is aware of the communication as
well as has participated in the group upto this point. This contradicts
with the principal’s statement to this team. When asked, “Are you a member
of the WhatsApp group?” He did not reply in yes or no, but said that he was
not active. Other members of the group, though, confirmed that he was a
member.

After this, when late afternoon, Prof Waghmare opened WhatsApp to check
messages again, he found that all other members had been removed. At this
point, only 3 members have remained: the principal, Prof Nagargoje and Prof
Waghmare himself. Thus the group was still alive and had not been
deleted.This contradicts with Prof Nagargoje’s statements to media and in
his FIR where he says he deleted the WhatsApp group after a comment was
posted by Prof Waghmare, following a warning given by him as admin.

*17th March 2017 – public thrashing by a mob on Prof Waghmare, and his
arrest*

On 17th March 2017, Prof Waghmare had completed his supervision duties from
8 am to 10.30am. After this, when he ran into Prof Nagargoje, he clarified
with him about the post, explaining that the post should not be made into a
big issue, and that he had not intended to offend anyone. Following this,
he attended a meeting of the Employees Society at 11 am. This meeting has
lasted for about 15-20 minutes. During the meeting, Prof Waghmare received
a phone call from Mr. Dattatray Masurkar, current member and former
President of the KTSPM Sanstha (or Management Committee) asking “Did you
post a wrong message about Shivaji Maharaj
<http://en.wikipedia.org/wiki/Shivaji>?”. Prof Waghmare responded and kept
the phone. After this conversation when the meeting ended, he goes on to
the library next.

By about noon, there is commotion in the college near the Principal’s
cabin.By this time the Principal had left the college. The non-teaching
staff are angry, and are talking about closing down their work because they
have heard that Shivaji Maharaj was insulted by Prof Waghmare. At this
point, Prof Waghmare receives a call asking him to come down to the
management cabin, which is located next to the Principal’s office within
the campus. Mr. Surve, Vice President of the Society, is also there.

A crowd of about 20 persons is gathered in the room. Many others, about
100-300 people are gathered outside. Mr. Surve asks Prof Waghmare, “What is
this comment about? What have you posted?” Prof Waghmare starts offering an
explanation. However, with the anger rising, the people are not listening
to his defense.

People present in this room are:

• Mr Surve,

• Mr Kishore Patil, President of the Management Committee or the Sanstha
funding the college, (seen sitting in the middle in video clips),

• Mr. Ramkrishna Tawde, a member of the Sanstha

• Vijay Tendulkar <http://en.wikipedia.org/wiki/Vijay_Tendulkar>, a member
of the Sanstha

• A few local journalists

• Members of the non-teaching staff, including 2 ladies

• A number of youths identifying themselves as ‘ShivPremis’

Someone in the crowd asks Prof Waghmare, “How can you make a comment like
this? We celebrate Shivaji Maharaj through so many jayanthis. How can you
insult him?” Prof Waghmare tries responding to them, tries answering again.
At this point, more young men come into the room. One of them first starts
slapping Prof Waghmare. More commotion breaks out. A video clip of what
happens at this time is attached along with this report(link). Ramkrishna
Tawde and others ask Prof Waghmare to get up from the chair and are seen
(in the video clips) ordering him to sit on the floor in the corner.
Injured, and with his head spinning because of the slaps, the Professor is
seen sitting on the floor. He has injuries on his back, his left leg, both
his ears, and an injury on his head, which remains swollen for several days
after. Losing consciousness from the beatings, Prof Waghmare covers his
head and finally falls flat.

Someone from the college rings up the police, which arrives in a van.
Another video clip shows the half unconscious Professor being lifted off
the floor by the police. Unable to walk, he falls, and is picked up again
by the police and amidst loud chants of “Jai Shivaji, Jai Bhavani” by a
crowd of hundreds of people he is taken into the police van. He is then
pushed into the van where he falls flat again, unable to sit up. Prof
Waghmare is taken to a nearby hospital, Dr Ambedkar Government Hospital,
Khopoli for his treatment and then to the police station, where again, a
mob is gathered. According to local activists and local media reports, the
police had received memoranda from Nagarsevaks of Shiv Sena and other
political outfits, seeking a complaint against Prof Waghmare. The police
then summoned Prof Nagargoje, the admin of the group, to the station to
lodge an FIR, since this incident was triggered through a WhatsApp post, as
told to us by Prof Nagargoje. The FIR is filed under section 295 A –*
“Deliberate
and malicious acts, intended to outrage religious feelings or any class by
insulting its religion or religious beliefs.*”

*Suspension for 6 months:*

Prof Waghmare has been suspended on the same day of the incident, 17th
March 2017, through an emergency meeting of the Management Committee
(Khalapur Taluka Shikshan Prasarak Mandal) which was held in order to
decide upon this. In the suspension order, the charges mentioned are: ‘a)
misconduct, b) moral turpitude, etc. c) Miss use of social media
(What’sApp)’, along with a disciplinary enquiry, for a period of six months
starting 17/03/2017 to 16/09/2017.

Prof Waghmare spent the night in the police lock up at Khopoli station. The
next day in his bail hearing, it was argued by defense that 295 A was not
tenable. He was granted bail on the condition that his mobile phone has
been given up to the police for inspection (‘recovery’).

*Interview with the Principal of KMC colleg*e

Dr. Narendra Pawar has been the principal of KMC college since August 2012.
According to the principal he became aware of the matter on 16th March, a
day after the WhatsApp post was made, when two professors came to him
complaining about Prof Waghmare’s post, that it had hurt their sentiments
and that he should apologise. The principal said that he was also of the
view that Prof Waghmare should not have posted the message on the WhatsApp
group since it is meant only for academic purposes, such as sharing
circulars, GRs, etc. It may be noted here that when asked if he was a
member of the Whatsapp group, the Principal said that he was not active and
didn’t know. However, interviews with other members of the group confirm
that he was indeed a member, and his comments to Prof Waghmare show that he
was aware of the issue.

According to the principal, on 17th, he was in college till 11.15 am, after
which he left for Mumbai to attend an educational function and a meeting at
Mantralaya. According to him, till the time he was in college, there was no
sign of the impending disturbance or the mob.

The version of events that he shared is as follows:

• A mob of around 100 people came near his office. The mob consisted of
only outsiders and no student or staff was involved in it. He said he
thinks the mob consisted of members of Shiv Sena, MNS, Maratha Seva Sangh,
Sambhaji Brigade. • He was informed about the mob by clerical staff, to
which he instructed them to lock up all confidential papers in his cabin
for the safety of documents.

• According to the principal, Prof Waghmare was not hit but was manhandled.

• Importantly, according to the principal, the CCTVs could not capture the
entire course of the incident. This he said was due to sudden loss of
electricity supply, and failure of the generator.

The Principal said that the management had to suspend Prof Waghmare under
pressure from the mob. He also said that the proper procedures for
suspension are yet to be undertaken. A committee needs to be set up by the
Management which will issue a report on basis of which the decision will be
taken. For removal of an SC professior, there are protocols with regard to
the constitution and functioning of this committee, e.g. at least one
member as to be a SC faculty and one is usually a retired judge. The
Principal said that he was advising the management on how to follow all
protocol in order to undertake this inquiry and to legalize the suspension.

*Relationship between principal and Prof. Waghmare:*

*A. Principal’s version is as follows:*

When asked about his past relationship with Prof Waghmare, principal said
that they have ‘differences that come naturally due to age difference’.
“Prof Waghmare is younger… he is more immature.” He said Prof Waghmare had
several family problems, that he was poor. That his family lived in the
village. He also alluded that Prof Waghmare was involved in problems with
some women professors in the college, though he did not elaborate on this
when asked further. He said that Prof Waghmare has some neurological
problem due to which his face became distorted, but which was getting
better with treatment.

At one point, he said that Prof. Waghmare would take leave and inform
subsequently through WhatsApp message and not inform him in person or
through a phone call. He said this was not correct, and referred to
Whatsapp as ‘illegal media’ for leave-taking or such official
communication. He acknowledged that Prof Waghmare was a good teacher, well
qualified (UGC NET pass) and academically sound. He said that he had
recommended Prof Waghmare to several international conferences. When we
interjected to ask for names/locations of a few of the conferences, he
quickly clarified that these conferences were in Pune, etc. – places within
Maharashtra, but of international repute.

When asked about the general atmosphere of the college, he said that ‘the
college celebrates jayanti (birth anniversary) of many great people such as
Chhatrapati Shivaji, Dr Ambedkar and Savitribai Phule’. He particularly
emphasized his role in ensuring that eminent speakers were called to speak
with the students on occasion of Ambedkar Jayanti and Savitribai Phule
Jayanti. When asked what he intends to do further, he replied that the
incident had already taken up a lot of his time and regular college work
was pending and accumulating. He said that he now aimed at maintaining
peace in college as advised by college management and police. He said that
he discouraged anyone in college to talk about it. Importantly, he
clarified that he had no intention on pressing for charges on the incident
of the beating up of his colleague outside his cabin.

*B. Prof Waghmare’s version is as follows*:

He joined KMC College on 6 November 2009, and is presently Head of
Department Commerce as well as Professor. Born into the ‘Maang’ (SC)
community, he has described his experience of casteism in complaint letters
previously lodged with the management. In a written statement to the police
on the incident, he has stated that the principal has often reminded him of
‘being a beneficiary of reservations’.

In this letter, he has also stated that the principal had prepared
documentation in order to remove Prof Waghmare from the post of Vice
Principal, which he succeeded on 10 March 2014. He alleges that the
principal has also made numerous attempts to have him removed from his
current post as Head of Department, Commerce. That the principal had
encouraged a female colleague to lodge a fake complaint against Prof
Waghmare, with the intention of using said complaint for his removal. In
the letter, Prof Waghmare further states that he has been served numerous
showcause notices and memoranda over the past few years by the principal,
and has faced continuous harassment perpetrated by the principal.The
contents of this letter, thus, set the context in which the attack of 17th
March 2017 has taken place.

*Interview with Prof Nagargoje, the sole complainant in FIR*

He is with the department of Chemistry of this college since past five
years and is a permanent faculty member. He is from the Nomadic Tribes
category.

The KMC Whatsapp group was formed by him. He said that he had nothing
personal against Prof Waghmare. He insisted that as admin of the whatsapp
group, the police had summoned him to the station and asked him to lodge an
FIR Fact against Prof Waghmare. For all further questions, he kept
insisting that the questions must be directed to the Principal. When asked
for his version of events, he said the following: that he didn’t know about
the attack on Prof Waghmare until 3 pm on 17th . That the police had asked
him to lodge FIR in his name since he was the admin of the WhatsApp group
on which the controversial message was posted. That he had tried calling
the principal, but his call was not taken, and that he got through to him
only after the FIR was lodged.”

*Interview with police*

The fact-finding team visited the Khopoli police station on the evening of
25th March 2017. The Investigating Officer, Thakur, was unwilling to
provide information on the case. The police insisted that no violence took
place, despite the existence of various video clips showing the incident.
It was also believed that the police station had received letters from
various local political organizations or petitions seeking an FIR against
Prof. Waghmare. However, this could not be verified by our team.

When asked about whether they had received such letters, the police denied
and declined to give such information. The police insisted that we access
these through filing RTIs. When asked about whether a case would be filed
for the beating up of Prof Waghmare, they replied that he had given a
statement in writing saying that he would not be filing any such complaint.
That because of the existence of such a written statement, they would not
accept any FIR from him even if he were to come at a later point attempting
to lodge a complaint against his assailants.

FINDINGS

   1. *Whatsapp Message was not composed by Prof Waghmare*:

Prof Waghmare’s post is a forward of a post made on facebook. While it is
true that he forwarded such a message which he had received, the wordings
in the comment were not composed by him. In the flurry of non-academic
posts that have been shared regularly on the college whatsapp group, the
question is why was Prof Waghmare isolated, targeted, publicly beaten,
arrested and finally suspended over a WhatsApp message? Who is responsible
for circulating this message to outsider groups, and what was the intent?

2*. Role of Principal:*

There are many questions over the Principal’s role in the entire episode –
especially on studying his relationship with Prof Waghmare over the last 8
years, his membership of the WhatsApp group in question, as well as on his
failure to initiate any action on a mob which has entered the college
premises and beaten up a colleague, and finally on facilitating a
suspension of a professor of an SC community.

*3. Tampering with evidence:*

The absence of the CCTV footage exactly on the day of the attack is
suspicious at the very least.

*4. Role of police:*

Instead of a case on the assailants of Prof Waghmare, the police have
encouraged the attackers and summoned Prof Nagargoje to file a case against
Prof Waghmare. By refusing to take any action against the perpetrators of
the attack on Prof Waghmare, the police has failed in acting as an
independent law and order machinery. Comments on the socio-political
context of Khopoli: On the day of the visit, local and political activists
who were met shared their views of the sociopolitical context of
Khopoli-Karjat belt. According to them, the belt of Khopoli, Pen,
Sudhagadh, Panvel was a stronghold of several political outfits. The groups
said to be active here included the Rashtriya Swayamsevak Sangh, Vishwa
Hindu Parishad, Bajrang Dal, Shiv Sena and the Sanatan Sanstha. A few also
said that many RSS leaders who oversee the Sangh’s work in Maharashtra and
Goa belonged to this area. The belt has been witness to several of the
recent Maratha Morchas as well.

DEMANDS

   1.

   The FIR against Prof Waghmare (section 295A) is malicious, has no basis
   and must be quashed.
   2.

   The suspension of Prof Waghmare is wrongful and must be immediately
   reversed, so that he may resume teaching. His safety must be ensured.
   3.

   A case under the SC/ST (Prevention of Atrocities) Act must be registered
   against the Principal, based on the statement provided by Prof Waghmare as
   well as previous complaints given by the SC/ST professors in the past. He
   must be terminated and proceedings initiated against him immediately.
   4.

   Independent investigation must be conducted into the violence that was
   unleashed on Prof Waghmare on the morning of 17/3/2017. 5. Action should be
   taken against the authorities who went to the place but were reduced to
   witnesses to the violence for failing to file a case under the SC/ST
   (Prevention of Atrocities) Act against the perpetrators of violence on Prof
   Waghmare. Compensation must be provided to Prof Waghmare as per the
   provisions of the Act.