From: dawar@gradient.cis.upenn.edu
Newsgroups: soc.culture.indian
Subject: Justice Narula Speaks in New York
Summary: on the arrest of Justice Bains, TADA and human rights.
Keywords: Justice Bains, Human Rights, Punjab
Date: 22 Jul 92 05:09:10 GMT


BULLETIN			 Number 25, July 17, 1992.
Committee for the Release of Justice Ajit Singh Bains.

Issued by Dr. Jeffrey Goodman - Canadian Coordinator
	  76 Rusholme Rd., Toronto, Ontario M6J 3H5
	  Tele/Fax Number: (416) 537-8142

JUSTICE NARULA SPEAKS IN NEW YORK
Reiterates Demand for Release of Justice Bains and Repeal of TADA

  On July 14, Justice R.S. Narula, retired Chief Justice of the Punjab and
Haryana High Court addressed a meeting at Columbia University organized by
the Indian Progressive Study Group, New York.  He spoke at length about the
detention of Justice Ajit Singh Bains, which he called a question "relating
to the liberty of a man who has himself been in a very high judicial
position, his only fault being speaking for others, speaking against
repression, asking for action against guilty personnel and crying out for
the people who are being killed and tortured."

  Recalling that Justice Narula himself had been the one to recommend
Justice Bains' appointment to the Punjab and Haryana High Court, he
described Justice Bains as a man of integrity and strong character, who had
been selected "not only for his eminence in the bar, or because of his
capability, but his reputation for unquestioned integrity and his commitment
to the fundamental rights enshrined in the Constitution." Describing how the
cases that were most likely to attract political pressure were usually
entrusted to Justice Bains, he said "I liked a man who would stand up and
not be afraid of the consequences of speaking the truth." He emphasized the
importance of these qualities in an environment where the independence of
the judiciary is constantly under attack.  He said that the increasing
number of purely political appointments in the judiciary since the
Emergency, have led to "rot" in the judicial system, which can no longer
withstand political pressure.

  Justice Narula stressed that the violation of human rights is a problem
all over India, not only in Punjab or a few states.  He mentioned his
personal experience in the instance of Assam, where the arrest of Neloy
Datta Roy and other prominent persons who were investigating allegations of
atrocities has led to a situation in which nobody is willing to come forward
to give evidence of human rights abuses.  He ascribed the situation all over
the country, in part to the attitude of the Congress(I) which was that
"whoever says anything which is not suitable [to the party] is
anti-national, is a secessionist, is a gaddaar."

  Addressing the accusation that is often made against human rights
organisations that they do not condemn killings by terrorists, but only the
atrocities committed by the state, Justice Narula pointed out that
"criminals have always been killing people."  Mechanisms exist to deal with
such criminals.  In fact, it is the role of the government to prosecute
them.  On the other hand, when the state itself commits criminal acts, there
is no mechanism in place to check that, and that is where the need for human
rights organisations arises.  Justice Narula noted with satisfaction that
all the prominent human rights and civil liberties organisations in India
have come together on the demand for the release of Justice Ajit Singh
Bains.  He cited this as a positive development for the human rights
movement in India.  He also noted the work being carried out outside India,
in this regard, by the Association of Indian Progressive Study Groups
(AIPSG).

  Speaking on behalf of the Association, Anuj Dawar cited the series of
initiatives taken up, by the AIPSG, focusing on the defence of human rights
and the right to conscience in India at the present time.  These activities
have acquired great momentum since the arrest of Justice Bains and the
international outcry that has followed it.  Recent initiatives include the
publication of a series of documents, including three open letters by
Hardial Bains, a working paper on the "State of Human Rights after the Cold
War" and most recently an essay on "State Terrorism and Human Rights"
written by Justice Ajit Singh Bains from jail.  The AIPSG is also conducting
a signature campaign on an appeal demanding the immediate release of Justice
Bains, the repeal of TADA and similar black laws, the release of all those
being held under these laws and the recognition of the fundamental right to
conscience as an inviolable right.  The meeting concluded with a resolve to
carry on work in this direction.