PEOPLE’S HEARING ON FABRICATED CASES
September 28-29, Constitution Club of India, New Delhi
INTERIM RECOMMENDATIONS BY THE JURY
The role of the Indian state in fabricating cases of sedition and terrorism to implicate tens of thousands of innocent citizens across India has been thoroughly exposed in testimony after testimony presented at the People’s Hearing on Fabricated Cases.
It has been established beyond doubt that the Indian police and investigative agencies have for years run a systematic campaign to brutalize citizens by way of punishing them for defending their homeland, farms and communities, or for simply belonging to a certain community that is labeled as a whole as being involved in terrorism.
That the Indian judiciary has for the large part been complicit in giving the police a free pass in this evil endeavor has only extended the ambit of misery that has incarcerated innocents for years, devastating lives and families.
It is clear that the nefarious activities of the police and the state in general need to be checked and held accountable for their illegal fabrication of cases.
It is now recommended by the jury of the People’s Hearing that the civil society groups, activists, and solidarity groups that work with the victims of fabricated cases and their families begin documenting in detail each such case around the country so that a single resource base is created to aid concerted action as well as to spread awareness.
It is recommended that the various civil action groups that are engaged in the human rights campaigns take a lead in preparing such exhaustive documentation.
It is recommended that the campaigns explore the establishment of a legal support mechanism for the victims of fabricated cases so that they are supported throughout the life of their cases in pursuing a legal defense. Also, the campaigns need to explore the possibility of bringing class actions suits and criminal law suits before the higher courts to plug the loopholes in the criminal jurisprudence system that lead to the fabrications.
It is requested that the National Human Rights Commission and the state human rights commissions be pressured to create special cells devoted exclusively to dealing with fabricated cases on sedition and terrorism.
It is recommended that the government be pressured to bring action against police officers who are established to have forged evidences and fabricated such cases of terrorism and sedition against innocent citizens.
It is also recommended that the campaigns work towards taking the issue of fabricated cases of sedition and terrorism to international civil rights forums, and evaluate the application of the various international protocols that relate to the practice of war.
It is recommended that campaigns be launched to seek the repeal of the dubious seditious and terror laws that are grossly misused and abused by security agencies to implicate innocent people in fabricated cases.
It is recommended that the civil action groups for human rights establish a framework for healthcare related protocols that allow for a role of the ICRC and the Indian Red Cross as well as evolve a code of medical neutrality in armed conflict.
It is recommended that a campaign be launched into holding the state to account for the disappearances of individuals as well as the extrajudicial killings in fake encounters. Campaigns also need to build a strong action against custodial deaths.
Justice Rajinder Sachar
Dr. Ram Puniyani
Dr. Binayak Sen