<p>&nbsp;</p>

<p>The sessions court in Gurgaon on 18 March 2017 sentenced 13 workers of Maruti Suzuki to life imprisonment for murder. Twelve of these are the erstwhile leading executive body of the Maruti Suzuki Workers&#39; Union&nbsp; (MSWU). Eighteen others were sentenced from three to five years for rioting and causing grievous injury. The workers are victims of a monstrous frame-up mounted by the automaker, the police and judicial authorities, with the full complicity of India&rsquo;s principal ruling parties.</p>

<p>&nbsp;</p>

<p>The MSWU was established in 2011 by majority workers at Maruti Suzuki&rsquo;s Manesar car assembly plant, Haryana, in opposition to a stooge union that had connived with the company in their brutal exploitation. The Maruti-Suzuki management with active support of the state government of Haryana first denied them union registration.&nbsp;In 2011, under the leadership of MSWU, Manesar assembly plant workers mounted a series of struggles against the denial of their union registration and in opposition to low wages, brutal working conditions and the widespread use of contract and temporary labour.&nbsp;</p>

<p>&nbsp;</p>

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<h5>Manesar assembly plant workers mounted a series of struggles against the denial of their union registration and in opposition to low wages, brutal working conditions and the widespread use of contract and temporary labour</h5>
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<p>Under the pressure of sustained struggles, the government finally acceded to union registration in early 2012. However, the Maruti-Suzuki management refused to either recognise the union or negotiate with them. The non-cooperation of the management did not deter the workers. In fact, the determined struggles of MSWU galvanised support from workers across the Gurgaon-Manesar industrial belt.&nbsp;</p>

<p>&nbsp;</p>

<p>On 18 July 2012, a dispute broke out over a suspended worker. Evidently, one of the managers hurled a casteist remark on the same worker. There were altercations. A fire broke out in Manesar plant that resulted in the death of a company human resources manager.&nbsp; Cases against the workers were filed. To many, this looked like a vendetta against the most militant workers and an excuse to get rid of the union.</p>

<p>&nbsp;</p>

<p>The company not only lodged a police complaint but also supplied a list of &ldquo;suspects&rdquo;. Based on the information, police arrested 148 militant workers, including all MSWU leaders. They charged them with conspiracy and killing of the company official.&nbsp;</p>

<p>&nbsp;</p>

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<h5>Our objections stem from the observation that the prosecution failed to establish even circumstantial evidence to show that any of those convicted caused the violence that took place, leave alone the death.</h5>
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<p>After a four-and-a-half year trial, the court gave the ruling, which many, including me, think is based on flimsy evidence. Our objections stem from the observation that the prosecution failed to establish even circumstantial evidence to show that any of those convicted caused the violence that took place, leave alone the death. The ruling also goes against the forensic evidence and post-mortem report that was placed before the court. More importantly, officers of the company, who were produced before the court as prosecution witnesses denied they were present at the time of the incident. Some of them even admitted that they were acting under Maruti-Suzuki management direction.</p>

<p>&nbsp;</p>

<p>Though the police filed a common charge against 148 workers, eventually, 117 of the arrested workers have been acquitted of all charges. The acquittal of eighty per cent of the accused workers shows that mass terrorisation of workers was one of the main motives of police action in this case. More importantly, it also shows that the courts were wrong in denying them bail. These workers were forced to spend 31 months in prison for no fault of their own. During that period, many of the workers were subjected to torture, in an attempt to extract forced confessions. Their fundamental right to life and liberty was attacked, yet no one is going to be punished for this mistake.</p>

<p>&nbsp;</p>

<p>Plants in Pricol (Coimbatore), Graziano (Surajpur) and Regency Ceramics (Yanam) and the Maruti incident all share a common feature. In all these cases, workers who actively participated in union activities have been charged with murder. While governments, generally, show little interest in attending to violations of existing labour regulations by employers, retribution against workers has been severe and swift. It is an indication of the class nature of justice in the country. &nbsp;</p>

<p>&nbsp;</p>

<p>In May 2013, the Punjab and Haryana High Court denied bail to Maruti workers with the argument that if bail is given, foreign investors are not likely to invest in India out of fear of labour unrest. It is unfortunate that citizens&#39; right to justice were subservient to foreign investors&#39; confidence. This is a clear example of the degradation of criminal justice system and its failure to stick to the first principles of justice.&nbsp;</p>

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<h5>It is unfortunate that citizens&#39; right to justice were subservient to foreign investors&#39; confidence</h5>
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<p>&nbsp;</p>

<p>It should be a matter of grave concern for every Indian that while the leaders of some of the most henious pogroms in independent India have not been even touched by the criminal justice system, workers of Maruti Suzuki have been sentenced to life imprisonment on flimsy evidence. Another development is the use of private armed guards by employers to threaten workers. According to the workers of Honda scooter plant in Alwar, Rajasthan, their strike last year was broken by the management with the help of armed thugs, who had assaulted them inside the plant, and also in the city in full public view. Maruti Suzuki workers have also alleged that on the day of violence large number of hired bouncers were roaming inside the plant and threatening workers.</p>

<p>&nbsp;</p>

<p>Working class movement is a great bulwark of democracy in any society. People without property could exercise various democratic rights, including voting rights, only after sustained campaigns by working class organisations. Working class politics tries to build solidarity among people across regional, linguistic, religious and caste divisions.&nbsp;</p>

<p>&nbsp;</p>

<p>Maruti Suzuki workers have braved through sinister schemes of management, government, and police, and are standing firm in their commitment. Their commitment to people&#39;s democratic rights, secular culture and unity needs to be contrasted with the violence of communal forces. &nbsp;</p>

<p>&nbsp;</p>

<p>It should be clear to everyone that the future of the workers is the future of democracy in India. And now that these young men have been sentenced to life, it is the democracy in India that stands on trial.&nbsp;</p>

<p>&nbsp;</p>


There is not even circumstantial evidence to show that any of those convicted caused either violence or death in the Maruti plant

The sessions court in Gurgaon on 18 March 2017 sentenced 13 workers of Maruti Suzuki to life imprisonment for murder. Twelve of these are the erstwhile leading executive body of the Maruti Suzuki Workers' Union (MSWU). Eighteen others were sentenced from three to five years for rioting and causing grievous injury. The workers are victims of a monstrous frame-up mounted by the automaker, the police and judicial authorities, with the full complicity of India’s principal ruling parties. The MSWU was established in 2011 by majority workers at Maruti Suzuki’s Manesar car assembly plant, Haryana, in opposition to a stooge union that had connived with the company in their brutal exploitation. The Maruti-Suzuki management with active support of the state government of Haryana first denied them union registration. In 2011, under the leadership of MSWU, Manesar assembly plant workers mounted a series of struggles against the denial of their union registration and in opposition to low wages, brutal working conditions and the widespread use of contract and temporary labour. Manesar assembly plant workers mounted a series of struggles against the denial of their union registration and in opposition to low wages, brutal working conditions and the widespread use of contract and temporary labour × Under the pressure of sustained struggles, the government finally acceded to union registration in early 2012. However, the Maruti-Suzuki management refused to either recognise the union or negotiate with them. The non-cooperation of the management did not deter the workers. In fact, the determined struggles of MSWU galvanised support from workers across the Gurgaon-Manesar industrial belt. On 18 July 2012, a dispute broke out over a suspended worker. Evidently, one of the managers hurled a casteist remark on the same worker. There were altercations. A fire broke out in Manesar plant that resulted in the death of a company human resources manager. Cases against the workers were filed. To many, this looked like a vendetta against the most militant workers and an excuse to get rid of the union. The company not only lodged a police complaint but also supplied a list of “suspects”. Based on the information, police arrested 148 militant workers, including all MSWU leaders. They charged them with conspiracy and killing of the company official. Our objections stem from the observation that the prosecution failed to establish even circumstantial evidence to show that any of those convicted caused the violence that took place, leave alone the death. × After a four-and-a-half year trial, the court gave the ruling, which many, including me, think is based on flimsy evidence. Our objections stem from the observation that the prosecution failed to establish even circumstantial evidence to show that any of those convicted caused the violence that took place, leave alone the death. The ruling also goes against the forensic evidence and post-mortem report that was placed before the court. More importantly, officers of the company, who were produced before the court as prosecution witnesses denied they were present at the time of the incident. Some of them even admitted that they were acting under Maruti-Suzuki management direction. Though the police filed a common charge against 148 workers, eventually, 117 of the arrested workers have been acquitted of all charges. The acquittal of eighty per cent of the accused workers shows that mass terrorisation of workers was one of the main motives of police action in this case. More importantly, it also shows that the courts were wrong in denying them bail. These workers were forced to spend 31 months in prison for no fault of their own. During that period, many of the workers were subjected to torture, in an attempt to extract forced confessions. Their fundamental right to life and liberty was attacked, yet no one is going to be punished for this mistake. Plants in Pricol (Coimbatore), Graziano (Surajpur) and Regency Ceramics (Yanam) and the Maruti incident all share a common feature. In all these cases, workers who actively participated in union activities have been charged with murder. While governments, generally, show little interest in attending to violations of existing labour regulations by employers, retribution against workers has been severe and swift. It is an indication of the class nature of justice in the country. In May 2013, the Punjab and Haryana High Court denied bail to Maruti workers with the argument that if bail is given, foreign investors are not likely to invest in India out of fear of labour unrest. It is unfortunate that citizens' right to justice were subservient to foreign investors' confidence. This is a clear example of the degradation of criminal justice system and its failure to stick to the first principles of justice. It is unfortunate that citizens' right to justice were subservient to foreign investors' confidence × It should be a matter of grave concern for every Indian that while the leaders of some of the most henious pogroms in independent India have not been even touched by the criminal justice system, workers of Maruti Suzuki have been sentenced to life imprisonment on flimsy evidence. Another development is the use of private armed guards by employers to threaten workers. According to the workers of Honda scooter plant in Alwar, Rajasthan, their strike last year was broken by the management with the help of armed thugs, who had assaulted them inside the plant, and also in the city in full public view. Maruti Suzuki workers have also alleged that on the day of violence large number of hired bouncers were roaming inside the plant and threatening workers. Working class movement is a great bulwark of democracy in any society. People without property could exercise various democratic rights, including voting rights, only after sustained campaigns by working class organisations. Working class politics tries to build solidarity among people across regional, linguistic, religious and caste divisions. Maruti Suzuki workers have braved through sinister schemes of management, government, and police, and are standing firm in their commitment. Their commitment to people's democratic rights, secular culture and unity needs to be contrasted with the violence of communal forces. It should be clear to everyone that the future of the workers is the future of democracy in India. And now that these young men have been sentenced to life, it is the democracy in India that stands on trial.

Maruti Suzuki case: Violence or vendetta?

<p>Eight alleged activists of SIMI (Students Islamic Movement of India) were killed on the morning of 31 Oct 2016. The night before, a constable in Bhopal Central prison was also killed. According to Madhya Pradesh (MP) police, the eight SIMI men had killed the constable while escaping from the prison. The police cornered the eight escapees ten kilometers away within hours. All eight of them were killed in the ensuing encounter.&nbsp;</p>

<p>Within hours of the public statements by MP police and ministers, two video recordings, one of them by the Sarpanch of a village neighbouring the encounter site, were being circulated in the social media. These clippings show police shooting at what appear to be dead bodies in jeans and shoes. On 3 November, audio recordings of what is believed to be exchanges between police control room and the police force involved in the encounter came out in the public domain. A talk of &#39;farzee action&#39; (fake action) and &#39;tamam kar do&#39; (finish off) can be heard in these recordings. MP government has ordered an enquiry on the jailbreak, but till recently was refusing to institute a separate enquiry for encounter killing. According to latest reports, it has agreed for a judicial enquiry.&nbsp;</p>

<p>&nbsp;</p>

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<h5>A talk of &#39;farzee action&#39; (fake action) and &#39;tamam kar do&#39; (finish off) can be heard in these recordings.</h5>
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<p>&nbsp;A number of questions have been raised about the jailbreak and encounter. How could prisoners locked in different parts of the prison get together for the jailbreak? How could eight inmates scale a 30 feet wall? How could they evade the surveillance of watch towers and security cameras? MP ministers have claimed that they made keys out of toothbrushes, which seems far fetched. If nothing else, the escape of men accused of terrorism charges from a high-security prison indicates gross negligence. MP administration appears to be giving contradictory statements about whether escapees had firearms when killed.&nbsp;</p>

<p>Moreover, it would be highly amateurish of claimed hardened terrorists to remain together for hours after the escape. According to video footage, at the time of their killing, the escapees do not appear to be threatening the police personnel. Catching them live could have given important clues to their contacts outside who, the police claims provided prisoners with clothes and weapons. If the audio clip is authentic, it seems MP police was intent upon killing them, rather than following the law, or apprehending important sources of anti-terror intelligence.&nbsp;&nbsp;&nbsp;</p>

<p>&nbsp;</p>

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<p>&nbsp;For any understanding of the sequence of events and their evaluation, it is essential to distinguish between different sets of events, separating unsubstantiated claims and assumptions from known facts. The jailbreak and murder of a prison guard are separate from the encounter killing. Even if it is found that SIMI activists did murder the guard while escaping, this is no ground for killing them. Law of the land is clear on this point.&nbsp;</p>

<p>The police, which has been given constitutional responsibility to protect citizens from crime, can kill only in self-defence, or when there is an immediate threat to people at large. No police personnel received even minor injury during the supposed shootout with prison escapees, and the place they were cornered had not habitation. What were the real reasons behind killing them?&nbsp;</p>

<p>Indian police force is notorious for custodial torture and fake encounters. Two years back five under trial Muslim prisoners were killed in a similar encounter at Aleir near Hyderabad by the Telangana police. The 22 May 1987 Hashimpura massacre in which 42 Muslim youths from Hashimpura were shot by Provincial Armed Constabulary (PAC) and their bodies were dumped in water canals.&nbsp;</p>

<p>&nbsp;</p>

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<h5>Two years back five under trial Muslim prisoners were killed in a similar encounter at Aleir near Hyderabad by the Telangana police.</h5>
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<p>According to a newspaper report (The Hindu, July 15, 2013), there were 555 fake encounter cases during the four year period from 2009-13. Such large-scale extra-judicial killings are a blot on Indian democracy.&nbsp;</p>

<p>Health of any democracy is indicated by the respect shown to every&nbsp; citizen&#39;s legal, political and social rights. It is well known that mostly the poor working class people belonging to lower castes and minorities face the brunt of police brutality in India.&nbsp;</p>

<p>&nbsp;The political dimension of the Bhopal encounter too can not be neglected. The BJP has been ruling MP since 2003, and lately, the state has become an open Hindutva laboratory.&nbsp; According to a newspaper report (Indian Express, 17 October 2016), even police are scared of the ire of RSS functionaries, after state government filed charges against police officers for arresting an RSS pracharak. In 2014, Dalits in Shivpuri district were arrested for converting to Islam, without taking permission from the administration. A number of communal riots have rocked small towns of the state.&nbsp;</p>

<p>&nbsp;</p>

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<h5>In 2014, Dalits in Shivpuri district were arrested for converting to Islam, without taking permission from the administration</h5>
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<p>Charges of terrorism have emerged a convenient political stick to beat the Muslim community with. While condemning the questions raised by human rights group on the recent Bhopal encounter, state&#39;s chief minister has claimed in a public speech that terror suspects are fed chicken biryani in prison while waiting for trials. The claim is obviously a lie, but its political purpose is to link the minority community with terrorism.&nbsp;</p>

<p>Minorities living in India have suffered decades of human rights violations at the hands of the government and security forces. Despite being around a quarter of the population, the Dalits, tribals and Muslims make up for most of India&#39;s prison population, most of whom are in prison without a conviction. Muslims, in particular, have to deal with the stigma of being regularly labeled as a terrorist or terrorist sympathiser; this is what makes it particularly easy for authorities to get away with oppressing them. Such is often the case when it comes to fake encounters.</p>

<p>While encounter killings and minority targeting are old practices in India, the creeping shadow of fascism can not be neglected. Fascism is a politics of targeted threat and violence. It demands blind allegiance and feeds upon social anxieties to generate politics of hatred. It is antithetical to any notion of democracy. Yet, its distinguishing feature is precisely the mass support it is able to garner.&nbsp;</p>

<p>&nbsp;</p>

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<h5>While encounter killings and minority targeting are old practices in India, the creeping shadow of fascism can not be neglected.</h5>
</blockquote>
</div>

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<p>&nbsp;</p>

<p>In India, Hindutva fascism is trying to mobilise Hindus by targeting minorities as their enemies. It is shamelessly threatening others who do not agree with its politics as anti-national. It is using &#39;surgical strikes&#39; against Pakistan, and&nbsp; encounter killings of SIMI members to project the BJP as the only party of muscular strength that can save India. While in reality, its policies are leading the country towards war and greater internal violence.&nbsp;</p>

<p>History has shown that societies which get sucked into the fascist trap are able to come out of it only after wholesale disasters. The only antidote to fascism is mass democratic consciousness and actions, which mean people fighting collectively, not against imaginary enemies, but real problems of poverty, exploitation and caste , gender, religious discrimination and oppression.&nbsp;</p>

<p><em>Disclaimes: The author writes here in a personal capacity.&nbsp;</em></p>


Minorities in India have suffered decades of human rights violations at the hands of the government and security forces

Eight alleged activists of SIMI (Students Islamic Movement of India) were killed on the morning of 31 Oct 2016. The night before, a constable in Bhopal Central prison was also killed. According to Madhya Pradesh (MP) police, the eight SIMI men had killed the constable while escaping from the prison. The police cornered the eight escapees ten kilometers away within hours. All eight of them were killed in the ensuing encounter. Within hours of the public statements by MP police and ministers, two video recordings, one of them by the Sarpanch of a village neighbouring the encounter site, were being circulated in the social media. These clippings show police shooting at what appear to be dead bodies in jeans and shoes. On 3 November, audio recordings of what is believed to be exchanges between police control room and the police force involved in the encounter came out in the public domain. A talk of 'farzee action' (fake action) and 'tamam kar do' (finish off) can be heard in these recordings. MP government has ordered an enquiry on the jailbreak, but till recently was refusing to institute a separate enquiry for encounter killing. According to latest reports, it has agreed for a judicial enquiry. A talk of 'farzee action' (fake action) and 'tamam kar do' (finish off) can be heard in these recordings. × A number of questions have been raised about the jailbreak and encounter. How could prisoners locked in different parts of the prison get together for the jailbreak? How could eight inmates scale a 30 feet wall? How could they evade the surveillance of watch towers and security cameras? MP ministers have claimed that they made keys out of toothbrushes, which seems far fetched. If nothing else, the escape of men accused of terrorism charges from a high-security prison indicates gross negligence. MP administration appears to be giving contradictory statements about whether escapees had firearms when killed. Moreover, it would be highly amateurish of claimed hardened terrorists to remain together for hours after the escape. According to video footage, at the time of their killing, the escapees do not appear to be threatening the police personnel. Catching them live could have given important clues to their contacts outside who, the police claims provided prisoners with clothes and weapons. If the audio clip is authentic, it seems MP police was intent upon killing them, rather than following the law, or apprehending important sources of anti-terror intelligence. It seems MP police was intent upon killing them, rather than following the law, or apprehending important sources of anti-terror intelligence × For any understanding of the sequence of events and their evaluation, it is essential to distinguish between different sets of events, separating unsubstantiated claims and assumptions from known facts. The jailbreak and murder of a prison guard are separate from the encounter killing. Even if it is found that SIMI activists did murder the guard while escaping, this is no ground for killing them. Law of the land is clear on this point. The police, which has been given constitutional responsibility to protect citizens from crime, can kill only in self-defence, or when there is an immediate threat to people at large. No police personnel received even minor injury during the supposed shootout with prison escapees, and the place they were cornered had not habitation. What were the real reasons behind killing them? Indian police force is notorious for custodial torture and fake encounters. Two years back five under trial Muslim prisoners were killed in a similar encounter at Aleir near Hyderabad by the Telangana police. The 22 May 1987 Hashimpura massacre in which 42 Muslim youths from Hashimpura were shot by Provincial Armed Constabulary (PAC) and their bodies were dumped in water canals. Two years back five under trial Muslim prisoners were killed in a similar encounter at Aleir near Hyderabad by the Telangana police. × According to a newspaper report (The Hindu, July 15, 2013), there were 555 fake encounter cases during the four year period from 2009-13. Such large-scale extra-judicial killings are a blot on Indian democracy. Health of any democracy is indicated by the respect shown to every citizen's legal, political and social rights. It is well known that mostly the poor working class people belonging to lower castes and minorities face the brunt of police brutality in India. The political dimension of the Bhopal encounter too can not be neglected. The BJP has been ruling MP since 2003, and lately, the state has become an open Hindutva laboratory. According to a newspaper report (Indian Express, 17 October 2016), even police are scared of the ire of RSS functionaries, after state government filed charges against police officers for arresting an RSS pracharak. In 2014, Dalits in Shivpuri district were arrested for converting to Islam, without taking permission from the administration. A number of communal riots have rocked small towns of the state. In 2014, Dalits in Shivpuri district were arrested for converting to Islam, without taking permission from the administration × Charges of terrorism have emerged a convenient political stick to beat the Muslim community with. While condemning the questions raised by human rights group on the recent Bhopal encounter, state's chief minister has claimed in a public speech that terror suspects are fed chicken biryani in prison while waiting for trials. The claim is obviously a lie, but its political purpose is to link the minority community with terrorism. Minorities living in India have suffered decades of human rights violations at the hands of the government and security forces. Despite being around a quarter of the population, the Dalits, tribals and Muslims make up for most of India's prison population, most of whom are in prison without a conviction. Muslims, in particular, have to deal with the stigma of being regularly labeled as a terrorist or terrorist sympathiser; this is what makes it particularly easy for authorities to get away with oppressing them. Such is often the case when it comes to fake encounters. While encounter killings and minority targeting are old practices in India, the creeping shadow of fascism can not be neglected. Fascism is a politics of targeted threat and violence. It demands blind allegiance and feeds upon social anxieties to generate politics of hatred. It is antithetical to any notion of democracy. Yet, its distinguishing feature is precisely the mass support it is able to garner. While encounter killings and minority targeting are old practices in India, the creeping shadow of fascism can not be neglected. × In India, Hindutva fascism is trying to mobilise Hindus by targeting minorities as their enemies. It is shamelessly threatening others who do not agree with its politics as anti-national. It is using 'surgical strikes' against Pakistan, and encounter killings of SIMI members to project the BJP as the only party of muscular strength that can save India. While in reality, its policies are leading the country towards war and greater internal violence. History has shown that societies which get sucked into the fascist trap are able to come out of it only after wholesale disasters. The only antidote to fascism is mass democratic consciousness and actions, which mean people fighting collectively, not against imaginary enemies, but real problems of poverty, exploitation and caste , gender, religious discrimination and oppression. Disclaimes: The author writes here in a personal capacity.

Unanswered questions about the 'encounter' of SIMI activists and the politics of Hindutva

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Zee News Rajasthan

Editor

Srinivas Rao Battini

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Rajasthan News in Hindi: In-depth coverage of Rajasthan Crime, Political News, Education, Rajasthan Weather Update and Latest Rajasthan News on Zee News Rajasthan.