‘Jammu Bandh’ For Defending Rape/Murder Accused Flops

The call for ‘Jammu Bandh’ by the Bar Association on Wednesday to protest against the filing of chargesheet in the Kathua rape and murder case evoked little response in the region. Some lawyers came out on the streets and tried to disrupt business activity in the city but life continued normally. Disassociating itself from the strike, the Jammu Chamber of Commerce and Industry called the ‘bandh’ ‘unjustified’.

Rajesh Gupta, President of JCCI said the strike is not justified because two main issues being raised by the bar association - Rohingya settlers and Kathua murder case - are sub-judice and, therefore, cannot be agitated upon on the road.

Some lawyers, politicians and members of civil society, supported by right-wing Hindutva forces have been agitating in support of the rape and murder accused with the ‘nefarious plan’ of evicting members of the Bakerwal community from the Jammu province. The investigation of the barbaric rape of the 8-year-old girl and her subsequent murder has been monitored by the High Court. Yet lawyers have resolved to oppose the investigation demanding that the case be transferred to the Central Bureau of Investigation (CBI).

 “The plan of the advocates of Bar Association is only to delay the process and save the accused,” said Talib Hussain, an activist and lawyer who belongs to the Bakerwal community.

Sources said that the lawyers along with politicians are trying to galvanize the support of the locals in favor of CBI probe.

Meanwhile, the charge sheet filed by Crime Branch clearly reveals the underlying conspiracy behind the rape and murder. “Sanji Ram (the main conspirator) decided to put a plan to dislodge the Bakarwal  Community from Rassana area (Kathua district), which had been brewing in his mind for quite some time, into operation and in pursuance to that he made accused Deepak Khajuria, an SPO in Police Department and JCL [a juvenile] as part of conspiracy and assigned them the task separately and individually,” states the chargesheet. Sanji Ram along with few protesting lawyers is also the member of Hindu Ekta Manch, which with the ruling Bhartiya Janta Party had recently carried out a protest to demand the release of the SPO Khajuria.

So far, eight people have been arrested in connection with the gruesome crime. Four of them are police officials who were earlier associated with the investigation.

Anuradha Bhasin Jamwal, political analyst and executive editor of English daily Kashmir Times, told Newsclick, “The whole discourse shows the extent of communalisation of society. It also reveals the sexist bias. When the case has reached a level where even the chargesheet has been submitted, then to campaign against it raises legal questions. The due process of law is going on. You can be dissatisfied by it if there is a ‘suspicion of doubt’. As far as I have studied the case I don’t find any reason to doubt so far”.

“If you ask them what’s wrong with the process, they will say that only one community has been targeted. Law works according to the evidence not according to the demography. The investigating agency has been doing the work very systematically. Even if there is any doubt, you can argue the case. After their conviction, there can be an appeal again. There are already remedies available within the legal system. This whole campaign and protests are illegal, unethical, immoral and also undemocratic,” Bhasin Jamwal added.

Moreover, the lawyers along with the fringe groups are spearheading a bigoted, communal and Islamophobic campaign of “demographic change” in the province. The demands by the lawyers are not just limited to the Kathua rape victim’s case but the demographic change in the Jammu province.

Talking about another demand put forward by the lawyers, Bhasin said, “There was one meeting which was held in mid-Feb. In the meeting the personal issues of victimization and harassment of the tribal community came up. The tribals are mostly landless people and the forest law has not been updated and also there is no tribal policy. So, in this context, CM Mehbooba Mufti had said that till there is no tribal policy in place, no man will be evicted without the knowlegde of the Tribals Affairs Department. There was a context in which this was said but it was all blown out of proportion. This clearly reflects their communal ideas and thinking”.

Jammu, being a pluralistic society is engulfed by the communal hatred spread by the right wing forces who are bent on dividing the state on communal lines and are using ‘discrimination’ theories to talk about the demographic change, which according to them is a conspiracy to snatch the lands from Hindus. The same alteration of demography claim has been used for Rohingyas settlements.

Today, at the protest, slogans such ‘Rohingyas, Go Away!’ were raised.  Talking about this and the involvement of BJP leaders in the recent rallies, Bhasin said, “The creation of Hindu Ekta Manch and the rallies where people were carrying Tri-colors clearly reflects what’s brewing in their mind. It’s the BJP team doing this. BJP is playing the card of communalising the region as elections are nearby. What’s shocking is that the Congress has not taken any stand. They are themselves divided over the issue.”