:: SECULAR INDIA ::..

National Executive member & Joint Secretary of All India Christian Council, Shri Samson Christian states in his press release that in Gujarat of Gandhiji, minority christian community residing in the name of â€˜Shabari Kumbh-2006â€™ taking shelter of made story in the name of religion. Regarding the situation National Executive Member and Joint Secretary Shri Samson Christian, General Secretary Dr. Abraham Mathai known activist for human rights and film director Shri Mahesh Bhatt, Editor of â€˜Communalism Combatâ€™ magazine Teesta Shetalvad, Advocate Shri Majid Memon of Supreme Court and the Ex-Minister Shri Girish Parmar visited Chief Ministerâ€™s office of Maharashtra on 07/02/2006 at Mumbai and met Shri R.R.Patil, Deputy Chief Minister & Home Minister and made presentation regarding arising situation due to Shabari Kumbh-2006. In the presence of delegation, the Home Minister took information on phone from D.G.P. of state and gave story suggestions to range I.G. of Nandurbar, Nasik and Dhulia Districts of Maharashtra State saying â€œ Apply section Cr.P.C.144 in these Gujarat boarder districts immediately, make government for rapid action force and if any untoward incident of even minor friction will arise, whenever may be, will not be spreadâ€ The Home Minister gave full assurance to delegation for all necessary steps.

Regarding â€˜Shabari Kumbh-2006â€™ All India Christian Council made 8 demands on 16/01/2006. Heading this demands, the National Human Rights Commission has given notices to The Home Secretary and D.G.P. of Gujarat State asking to take quick action and submit the action taken report to the commission with four weeks and warned that if the authorities would fail, the commission would take necessary steps.

The organization filed a Special Criminal Application No. 202/2006 in The Honâ€™ble High Court of Gujarat on 06/02/2006, notices have been given to Home Secretary and Secretary for Environment & Forest of Central Government, Collector and D.S.P. of Dangs and has given interim order in regard of this petition stating that there should not be forcible recon version, no using reserved forest area ,24 hours power supply, application of section Cr.P.C. 144, make adequate police arrangements at all places of worship and deploy more police force in the district and further procedure will take place on 23/02/2006 regarding steps taken, but state Govt. has mistaken it and making misguiding propaganda for own interest.
It is reminding â€˜Godhara Carnageâ€™ and as though it will be repeated, in that way C.D. has been made against minority Christian community and it is preached and propaganda is being carried out to create hate against Christians in the minds of majority. Inflammatory matter have been placed against minority christian religion and people on different websites with a view to create hatred and get success to create riots and fear in all adivasi areas of the country and this is a fatal plot. By taking note of situation and necessary proofs Asian Human Rights Commission, Hong Kong has made â€˜Urgent Appeal Programmeâ€™ before world-people on 07/02/06 and issued â€˜Early Warning Urgent Appealâ€™ and has awaken the world-people by drawing their attention.

Inspite of all above given situations, All India Christian Council makes public appeal to all Indian Christians not to take law in their hands, help the state authority by maintaining peace.

Date : 09/02/2006 Yours Sincerely
Place : Ahmedabad
Sd/-
Samson Christian
Contact :- National Executive Member
Samson Christian-9824262626 & Joint Secretary
Office Phone: 079-25384709/25380236 All India Christian Council

Shri. R.R. Patil 7th Feb 2006
Honourable Deputy C.M & Home Minister
Government of Maharashtra
Mumbai.

All India Christian Council seeks your intervention to protect tribal Christians in Nandurbar, Nasik, & Dhule districts during and after Shabri Kumbh

Appeals for enforcement of Section 144 of CrPC in the above districts as a preventive measure.

Respected Sir,

The well being of the tribal Christians of Dangs in Gujarat & Nandurbar, Nasik and Dhule in Maharashtra have been at the centre stage of the All India Christian Council ever since we have heard that a massive first time â€œShabri Kumbh Festivalâ€ is being organized in Dangs district of Gujarat from 11th February to 13th February 2006. Since we have reasons to believe that the State of Gujarat has collaborated with the Sangh Parivar Organisation in a systematic campaign to divide the Dangi tribals on religious and communal lines and pit them against each other, we fear that the event such as the violence of 1998 may also reoccur on the border districts of Maharashtra too.

The lines between the RSS and the government machinery appears to have completely collapsed in Gujarat. In fact the Collector had no qualms in defining and justifying communal mobilization happening under his nose as religious and cultural awakening, thus unabashedly adopting the rhetoric and idiom of the Hindutva forces. Several Lacs of â€˜hate pamphletsâ€™ against the Christians too have been printed and distributed(including VCDâ€™s) in and around the surrounding districts of Dangs that give an indication of the imminent possibility of violence. An estimate of 5 lac people including sadhus and sants from all over the country are expected to converge on the district. The RSS Chief K. Sudershan, VHP Chief Pravin Togadia and Sadhvi Ritambhara are some of the hate preachers expected to take part in this event and the only agenda of the Shabri Kumbh is the â€˜ghar vapsiâ€™ or forceful reconversion of the tribal Christians and Tribal Animists into the Hindu faith. Another serious fallout of this forceful conversions of these Tribals would be that will unwillingly be entrapped in the ambit of casteism. Shabri Kumbh is a new invention. It is being said, Hindu religion is in danger due to the foreigners, the Ravan equivalents, the Christians and Muslims, and the Kumbh is being held to protect the Hindu faith.. The underlying message is to promote Anti Christians and anti Muslim sentiments.As per reliable sources on the ground there is a possibility of the violence against tribals being shifted to the border districts of Maharashtra in a deliberate attempt to embarrass the Secular Front government in the State.

Sir, it may be recalled that not very long ago in December 1998 when a rally held by Hindutva fundamentalists in the Dangs district of Gujarat, there was an all out attack on tribal Christians and their places of worship and educational institutions and almost 35 churches were broken down and several hundreds were injured. Swami Ashimahananda of the Vanvasi Kalyan Parishad, one of the main organizers of this event, makes no bones of taking credit for inspiring the 1998 attacks on Christians in Dang and has vowed to end all Christian Social activities in the Dangs that actually empower the tribals. The education process run by Christian organizations is a threat to the designs of upper caste/ upper class. So Christian missions need to be thrown out from these areas.

Going by reports, the groundwork seems to be chillingly far more than the efforts preceding the previous rally. The only difference is the scale this time and it has the patronage of the State Government which is spending several crores for the same in the garb of â€œtribal developmentâ€. The district administration and public development funds are being openly misused for a programme that serves the narrow and dangerous political objectives of non-state organizations of the Sangh.

Sir, our appeal to the Government of Gujarat has fallen on deaf ears as , it is a known fact that the State of Gujarat stands today totally polarized on communal lines and that includes the administration and the Police. The All India Christian Council had no other option but to approach the Gujarat High Court which has issued directives to the State to ensure protection of the tribals and a few of them are listed below..
1) To apply section 144 of the CrPC in the border areas
2) All Churches and Christian Institutions to be provided adequate security.
3) All weapons to be deposited with the District Administration.
4) Adequate Para Military forces to be deployed.
5) 24hrs electricity to be provided in the District and the State shall provide generators in case of Power cuts.
6) State shall take appropriate action against provocative speeches made. etc.

As the Gujarat High Court has taken cognizance of the seriousness of the matter and having issued notices to the State Government, the Sangh Parivar in all likelihood would direct the possible attacks in the border regions of Maharashtra. The Christian Council appeals to the Secular Front Government of Maharashtra to come against the dangerous sectarian objectives of the Sangh Parivar and combat, this imminent attack against the tribals in the Maharashtra region and secure their safety or else the tribal regions of this area already dispossessed and pauperised, will flow with the blood of sectarian hatred.. We appeal to people like you who cherish secular democracy in our land and more so the State Government who is duty bound to protect its citizens to expeditiously and resolutely respond to this alarming concern.

Today the Tribal Christians of Dangs and surrounding districts in Maharashtra are in a state of fear of an imminent attack and in view of the same we appeal to you to enforce Section 144 which would reduce the chances of mass mobilisation and in addition provide adequate security to the Christian institutions in the said districts. The adivasis of the district are too poor and ignorant to protect themselves in case of an attack. It would truly be a tragedy if history were to repeat itself ,despite sufficient warning.

Sd/- Sd/- Sd/-
Dr. Abraham Mathai Samson Christian Mahesh Bhatt
(General Secretary) (Joint Secretary& Incharge of Gujarat) (Film Director & Noted
Cell:9820061184 Human Rights Activist)

Sd/- Sd/- Sd/-
Teesta Setalvad Adv.Majeed Memon Girishbhai Parmar
(Editor- Communalism Combat) (Supreme Court Lawyer) (Former Gujarat Minister)

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION NO. 202 OF 2006

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SAMSON C. CHRISTIAN, NATIONAL EXECUTIVE MEMBER&2- Applicant (s)

Verses
STATE OF GUJARAT & 6 â€“ RESPONDENT (s)

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Appearance :

MR. R.D. RAVAL, for Applicant (s) : 1 â€“ 3
MR. A.D. OZA, PUBLIC PROSECUTOR for Respondent (s) : 1,
None for Respondent (s) : 2 - 7

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CORUM : HONOURABLE MR. JUSTICE C.K. BUCH

Date : 06/02/2006

ORAL ORDER

Heard ld. Counsel Ms. Aparna Bhat for ld. Counsel Mr. R.D.Raval for the petitioners and ld. PP Mr. A.D. Oza for the state.

Notice to respondent Nos. 1 to 6 returnable on 23-02-2006. Ld. PP Mr. A.D. Oza appears and waives service of notice for respondent Nos. 1 to 4.

Respondent No.s 5 & 6 be served through the Speed Post and also by Direct Service.

At present, the Court is not inclined to issue notice to respondent No. 7- State of Maharashtra at this stage.

Though the grievance of ld. PP Mr. Oza is that it would not be possible for the government to respondent the allegations made in the petition within a short period of notice that has been given, the Court is inclined to pass some orders after hearing ld. Counsel Ms. Bhat in view of the urgency that has been pointed out before the Court by way of an interim arrangement and State Government may respondent to the averments made in the petition as this stage.

The apprehension expressed by the petitioners is a large scale violence may create a fear in the mind of people following Christianity and missionaries working voluntarily in the area of District Dang where Shabari Kumbh Mela ( hereinafter referred to as Mela for Short) is being organized. It is the say of the petitioner that the state government is directly or indirectly supporting the Mela Organizers and they apprehended that the organizers are out to see that the persons following the Christianity are being forced to convert themselves again into Hinduism. It may be under inducement or by threat. Therefore, certain relief should be granted to the petitioner as prayed, is the submission of ld. Counsel Ms. Bhat. It is prayed by the petitioner that if the court feels, the state should be directed to proclaim that Mela be treated as cancelled.

However, in view of the submissions made by ld. PP. Oza and other submissions made by ld. Counsel Ms. Bhat, it would not be either proper or just to the Court to pass the order adverse to the organizers of the Mela. Irrespective of the assurance given by ld. PP Mr. Oza for the state, it would be necessary for the Court to observe that the State, as assured by ld. PP Mr. Oza , shall take care of law and order situation by deploying maximum police force and other forces available to protect the peace and harmony in the area, which according to ld. PP Mr. Oza, that exercise has already been undertaken. According to ld. PP Mr. Oza, the organizers have been asked to abide by certain stringent by the state, but from the law and order point of view, if the petitioner prays that the state Government and electricity supply machinery to see that electricity supply in all sensitive area is supplied with continuous flow during the night hours, then it would be in the ultimate interest of the people residing in the area and miscreants may not try to take advantage of the situation. One of the condition imposed by the state is that they shall have to fix generators so that in the event of exigency, the electricity supply can be provided to the area under control and administration of Mela Organizers. State machinery may instruct the Electricity supply organization i.e. GEB to see that electricity supply remains smooth during night hours in that area. If instructions are already given by the State Government, then duplication issuance of such instructions is not required.

According to ld. PP Oza, DGP and DSP of District Dang have assured the government as well as people residing in entire district of Dang that they have made necessary arrangements to maintain law and order in appropriate manner and safety and security arrangements are already made. The Central Government is also informed about the steps taken by the State machinery. It is clarified that it will be the Stateâ€™s obligation to see that law and order is properly maintained and nobody is adversely affected by any one which may create any disturbance by any of the groups viz. either interested in organizing the Mela or by the group intending to disturb the peaceful organization of Mela. The State machinery should come out with a strict implementation of law and order regulating measures in the area during Mela period. The State also should see that no activity of forcible conversion of any religion takes place.

At this stage, I would like to quote relevant part of one letter dated 02/02/2006 received by the Chief Secretary, State of Gujarat from Mr. V.K. Duggal, Secretary, Home Department, New Delhi, wherein the Secretary, Govt. of India has said as under :-

â€œ I am glad to know that DG( P ) proposes to deploy four companies of RAF presently available at Ahmedabad at Mela site. Deployment of RAF would not any only add teeth to the security arrangements but also provide a sense of security to the minorities.â€

From the said letter, it also reveals that about six suggestions made by the Home Secretary, Govt. of India, as reflected in the said letter, have also been implemented by the State Government, as stated by ld. PP Mr. Oza. Mr. Oza has further stated that necessary notification under section 144 of Cr.P.C. has been issued on 24/01/2006 by which the license holders of fire-arms are asked to deposit their fire-arms by the District Magistrate & Collector.

If need be, State Government may think to give special protection to the places of worship of each religion in the area to avoid conflict. The Government has already instructed that Mela should not be organized in any reserved forest, but according to ld. PP Mr. Oza, private land owners of the land have spread their agricultural fields and actual habitants are erected and have been erected on private land.

Now, the respondents shall respond to the averments made in this petition and the documents attached to it on the next date of hearing.

Office of the PP may be provided with the copy the petition with all relevant documents so that ld. PP can give para wise remarks from the concerned respondents.

Necessary further orders shall be passed after going through the response that may be given State Government and Central Government.

D.S. Permitted.
Sd/-
( C.K. BUCH, J )