'Patently false': JNU faculty rips into the Bar Council report justifying the Patiala House attack
Full text of the statement by the Jawaharal Nehru
University faculty
In a shockingly partisan statement that blatantly
misrepresents events, the Bar Council of India has issued a report that justifies the well documented attacks by a
mob of lawyers on Jawaharlal Nehru University students, teachers and media at
Patiala House Courts over two days (February 15 and 17, 2016) as “a reaction to
the incidents, which are grave in nature and very dangerous for the country”.
The Bar Council of India Joint Secretary Ashok Kumar Pandey
claimed that a large number of JNU teachers and students and others had arrived
at the court in three to four buses and raised slogans and used “provocative
words”. This led to the untoward incident in which “both the sides took part,”
said the report, adding that “any true citizen or a lawyer of India” was
supposed to react strongly to the “anti-India” slogans.
We, the undersigned faculty members of Jawaharlal Nehru
University, wish to set the record straight. Nine of us reached Patiala House
Court No 4 between 1 and 1.15 pm on 15th February 2016 to attend the hearing on
Kanhaiya Kumar’s bail plea. The sole objective of our presence there was that
when Kanhaiya Kumar was produced he would see the faces of his teachers in the
courtroom. At that time, a few students and other teachers of JNU, and some
members of CPI, the parent organisation of Kanhaiya’s student group, were
already waiting silently outside, similarly wanting him to see friendly and
familiar faces when he was produced. There were about 15 to 20 of them, hardly
enough to fill four cars, let alone one bus.
Initially, we (signatories to this letter) waited on the
benches outside the courtroom, along with a few journalists. After the lunch
break the court clerk and stenographer invited us to come into the courtroom
and we were seated there even when a few lawyers, an under-trial and a
policemen, etc walked in and out of the room. We were not asked by anybody at
that point to leave. About fifteen minutes later, about ten to twelve men
dressed in lawyer’s clothes rushed in, shouting at us to get out.
These lawyers
were led by a man whom we later recognised from the media coverage the next day
as Mr Vikram Singh Chauhan. At that time we did not know who any of them were.
They crowded the small room and abused us, saying that JNU teachers were
anti-national and “deshdrohis”, that we were all “Pakistanis” and asking
us ‘what kind of antinational education do you give your students’?
We tried to reason with them not to be abusive, and said
that we had a right to be in the courtroom, but they continued to heckle us as
“Pakistanis”, and told us that the seats were for lawyers alone. The police
kept on just watching and did not intervene to stop them. Some of us even got
up and told them that they could take our chairs and we would just stand, but
they started physically trying to push us out of the courtroom. Our younger
male colleague, Dr Rohit, who was standing at the back, was grabbed by his
collar and dragged towards the centre of the courtroom. Chauhan said “maar
do isko” and began raining blows on Rohit.
Women faculty close to him tried
to stop him physically, but the lawyers continued hurling abuses, and some of
us were pushed and jostled and touched inappropriately in the process. The
attempt was clearly to intimidate and harass us into leaving the courtroom, and
indeed Patiala Court premises. The police and court staff kept on watching and
did not intervene to stop them.
Profs Neera Kongari, Rohit, Himanshu and Janaki Nair were
pushed outside the courtroom. Most of the men dressed in lawyers’ clothes
rushed out after them. Extremely abusive language was used by the lawyers.
Those of us who remained inside could hear sounds of men
shouting from outside, and fearing that we would be subject to even greater
physical violence, five women faculty – Profs. Ayesha Kidwai, Madhu Sahni,
Nivedita Menon, Susan Viswanathan, and Chitra Harshvardhan – once again sat
down. A larger contingent of policemen entered the courtroom and asked us to
vacate the courtroom. Some of the aggressive lawyers came back in and although
we requested the police to hold them back, they did not even ask these lawyers
to leave. Instead they were allowed to enter and leave the courtroom as they
wished.
We asked the police to bring us orders from the magistrate asking us to
clear the courtroom and demanded to be escorted out of the building. We were
told that the magistrate had given verbal orders to the police to clear the
courtroom, but we insisted that we be given police protection throughout.
When
a contingent of policewomen arrived, it took the police 10 minutes to find a way
to escort us out of the courtroom as the doorways and the courtyard was blocked
by shouting lawyers. The police were forced to find another exit and led us to
another ground floor exit but that was blocked too by shouting and screaming
lawyers. We were led then up the stairs and at least two other stairwells were
tried but we were led away as the police was unsure that they could get us out
safely.
Other lawyers who passed us on the corridor kept up the
threatening tone, saying we should all be sent to Pakistan. Finally, a safe
exit into the ground floor shed where the notary publics sit, was found. The
police escorted us to the gate and bundled five of us into autorickshaws as
they feared that we would be assaulted even if were to walk to our cars parked in
the parking lot.
JNU faculty who had been pushed outside the courtroom were
completely silent, and they noted that the lawyers led by Chauhan, when finally
obstructed by the police, sent in two women lawyers who also shouted abuse at
the JNU faculty assembled in the courtroom. A few minutes later all the lawyers
rushed out of the courtroom saying “nikal gaye” and began beating up
every young person assuming they were JNU students, including a very young
couple.
Later media coverage confirmed that students and the media
people, as well as a CPI member, were assaulted by the mob outside.
Kanhaiya Kumar was not produced in court on that day, and
when he was produced on the 17th, only one JNU faculty member was present, Prof
Himanshu; in fact we were asked by Kanhaiya’s lawyers to stay away so that our
presence would not create the opportunity for further violence. It was on that
day, when no faculty was present, and only the same handful of JNU students and
CPI activists, that Kanhaiya was physically assaulted and the media terrorised
and beaten up for the second time by the same lawyers in full view of a passive
police force.
So the claim of provocative slogans from “3 to 4 busloads”
of JNU people rousing lawyers to physical assault is patently false.
The Bar Council report surprisingly fails to mention two
crucial bits of evidence:
- The WhatsApp message in Hindi that was circulated over February 14-15, that clearly mobilised for the attack. The message, snapshots of which are freely available in the media, calls upon all recipients to assemble in large numbers at Patiala House on Monday 15th to “peacefully and legally” “produce befitting consequences” (anjaam tak pahunchana) for the traitors who have been conspiring in Ganga Dhaba (JNU) and,
- The sting operation by India Today that reveals Vikram Singh Chauhan and others boasting about their violent assaults on Kanhiaya and others.
IT is shocking that the Bar
Council of India should produce such a patently false account of events that
exactly matches the claims of Vikram Singh Chauhan and BJP MLA OP Sharma who
led the violent mob. Even more appalling is the fact that a body that
represents practising lawyers should justify physical violence on the grounds
that anti-India slogans were raised, which is any case, a blatant lie.
Is the legal community now going
to subvert due process and rule of law and take matters into their own hands
whenever they feel their sentiments are hurt? This is particularly paradoxical
given Vikram Singh Chauhan’s recent interview to The Hindu (February
27, 2016) in which he says the media has “already found him guilty”, for it
seems BCI not only justifies Kanhaiya’s being “found guilty” by self-proclaimed
nationalist lawyers, even before he is produced in court, but also their attack
on him on the basis of their perception.
Chitra Harshvardhan
Himanshu
Ayesha Kidwai
Neera Kongari
Nivedita Menon
Janaki Nair
Rohit
Madhu Sahni
Susan Visvanathan
Himanshu
Ayesha Kidwai
Neera Kongari
Nivedita Menon
Janaki Nair
Rohit
Madhu Sahni
Susan Visvanathan
