November 19, 2012

WOMEN ARRESTED IN MUMBAI FOR COMPLAINING ON FACEBOOK

[On Sunday, the police in Palghar, in Thane district, on the outskirts of Mumbai, arrested Shaheen Dhadha after she posted a status update on Facebook that questioned the shutdown, also known as a bandh. A local daily, the Mumbai Mirror, reported that Ms. Dhadha, 21, had written, "People like Thackeray are born and die daily and one should not observe a bandh for that." The police also arrested her friend who "liked" the post, whom NDTV identified by her first name, Renu.]

Image courtesy: The Hindu

MUMBAI- For over 30 hours following the death of the Shiv Sena leader Bal Thackeray on Saturday, stores throughout Mumbai closed their shutters and taxis and autorickshaws stayed off the streets. While analysts throughout Mumbai debated whether the citywide shutdown following the death of Mr. Thackeray was inspired by fear or respect, one 21-year-old woman and her friend were arrested for raising a similar question.

On Sunday, the police in Palghar, in Thane district, on the outskirts of Mumbai, arrested Shaheen Dhadha after she posted a status update on Facebook that questioned the shutdown, also known as a bandh. A local daily, the Mumbai Mirror, reported that Ms. Dhadha, 21, had written, "People like Thackeray are born and die daily and one should not observe a bandh for that." The police also arrested her friend who "liked" the post, whom NDTV identified by her first name, Renu.
The women were arrested under Section 505 of the Indian Penal Code for "statements creating or promoting enmity, hatred or ill will between classes." Srikant Pingle, station house in charge of the Palghar police, told India Ink that the local Shiv Sena chief, whom he identified as "Mr. Bhushan," filed the complaint against Ms. Dhadha because her comment on Facebook hurt Shiv Sena's sentiments. Mr. Pingle declined to comment further on the details of the arrests.
Sudhir Gupta, the defense counsel for the two women, told NDTV, "Their posts don't incite violence. It can't be said they have made any derogatory remarks. They don't belong to any political ideology."
In a phone conversation with India Ink, a police officer of the Palghar station, who identified himself only as Gavali, said that the arrest took place on Sunday night and that the pair had been taken to court on Monday.
The two women, who were sentenced to 14 days in jail by the court, received bail after a bond of 15,000 rupees ($270) was paid, reported NDTV.
The Times of India reported that a mob of 2,000 Shiv Sena workers vandalized her uncle's orthopedic clinic in Palghar. Repeated calls made to the Dhada orthopedic hospital in Thane went unanswered, while Harshal Pradhan, a Shiv Sena spokesman, said that he was unaware of the incident.
A police officer at the Palghar Police Station, who spoke on condition of anonymity, said that no one has been arrested in the attack on the clinic.
Pranesh Prakash, program manager with the Center for Internet and Society, said the arrests of the two women were a violation of free speech and the misapplication of the law. "There were thousands of people on Facebook, Twitter and in person who were saying the exact same kinds of things that this girl is alleged to have said," said Mr. Prakash. "And the fact that only she and one other person who liked that comment have been arrested shows a clear arbitrariness in the application of the law."
In an open letter addressed to the chief minister of Maharashtra, the former Supreme Court Judge Markandey Katju defended the two women, saying, "To my mind it is absurd to say that protesting against a bandh hurts religious sentiments." He further said that the arrest appears to be a criminal act as it is a crime to wrongfully arrest or wrongfully confine someone who has committed no crime.
On social networking sites, people came out in support of Ms. Dhadha and her friend. The Facebook group "Ban Shiv Sena" had about 36,400 "likes" as of Monday afternoon, while the party's official Facebook page had just under 2,700. On Twitter, several commenters expressed solidarity with the two women, including Milind Deora, the government minister of state, communications and information technology, who said, "To learn who rules over you, simply find out who you are not allowed to criticize ~ Voltaire."
In Maharashtra, Shiv Sena has a history of banning books, movies and other popular culture that are critical of the political party. In 2010, Rohinton Mistry's book, "Such a Long Journey," was withdrawn from the syllabus of Mumbai University after Shiv Sena officials complained that the book insulted Bal Thackeray. Ironically, in a January 2007 interview with Shekhar Gupta, the editor in chief of The Indian Express, Mr. Thackeray said that what differentiated him from the mafia is that journalists and others were free to disagree with him and criticize him.

The New York Times

[The president’s provocative statement came shortly after Afghan and American officials began negotiating a bilateral security agreementthat is intended to define the U.S. military role in Afghanistan after most combat troops leave the country in 2014. ]


KABUL —Afghan President Hamid Karzai has ordered his aides to institute the “full Afghanization” of the U.S.-run prison at Bagram Air Base, charging that American forces are continuing to detain Afghans despite a bilateral agreement in March to transfer all prisoners to Afghan authorities.

In a statement tweeted in Pashto language from the presidential palace late Sunday after Karzai met with his top security officials, the president complained that some prisoners ordered released by Afghan courts are still being held by U.S. forces.

"These acts are completely against the agreement that has been signed between Afghanistan and the U.S. president," the statement said.

It said the Afghan defense minister, the attorney general and the Afghan national police general in charge of Bagram prison should "take all required actions for full Afghanization of Bagram prison affairs and its complete transfer of authority to Afghans."

No date or timeframe for the takeover was mentioned in the statement, but Afghan officials said that a two-month grace period had now ended for the Obama administration to find an alternative to detaining prisoners without trial.

The president’s provocative statement came shortly after Afghan and American officials began negotiating a bilateral security agreement that is intended to define the U.S. military role in Afghanistan after most combat troops leave the country in 2014.

There was no immediate reaction from U.S. officials here, but several Afghan observers said Monday that Karzai was trying to put public pressure on the U.S. so it would make more concessions to him in the final security agreement, while also trying to show his nationalistic credentials to his domestic audience.

“This agreement is more important for us than for the United States, but some of the president’s comments make it more difficult,” said Khalid Pashtoon, a lawmaker from Kandahar who has been promoting the bilateral agreement. He said Karzai basically favors a comprehensive, solid security accord, but that he wants to exact as many conditions as he can during the negotiating process.

Daoud Sultanzoi, a former lawmaker from Ghazni, offered a similar assessment, saying Karzai “wants to prove he’s a patriot,” and that he is convinced the United States needs to remain in Afghanistan for its own interests, thus allowing him to press for more concessions.

The two governments signed a broad strategic partnership accord in May that included the detainee transfer agreement, but U.S. officials have resisted handing over prisons under their control, partly because they do not believe Afghans are ready to assume the responsibility for running them.

Afghan and U.S. officials have also disagreed on the issue of detention without trial. Washington wants the Afghan government to continue holding certain prisoners it views as dangerous, even if there is not enough evidence to try them.

Aimal Faizi, the chief spokesman for Karzai, told reporters Monday that detention without trial is illegal in Afghanistan, and that there are more than 50 Afghan prisoners still being held in U.S. custody at Bagram, about 40 miles northeast of Kabul, even though they have been ordered released by Afghan courts.

One Afghan analyst said Monday that Afghan courts had released a number of prisoners in the past several years who had been later linked to Taliban activities or terror attacks.

Karzai has raised several other objections that could potentially undermine the current negotiations or the entire bilateral agreement on the U.S. security role after 2014. He opposes giving U.S. forces immunity from Afghan prosecution if they kill Afghan citizens, which will be a critical issue in the talks now underway.

Afghan and American officials have agreed the negotiations can take up to a year. For the United States, it is especially important to avoid a repeat of its exit from Iraq, in which the two countries were unable to agree on the rules that would have allowed a small U.S. military assistance force to remain after combat ended.

In Afghanistan, both U.S. and Afghan military officials have said they would like to see an American force of up to 20,000 remain in place after most American troops here withdraw, in order to shore up the Afghan army and security forces with training, logistical support and special operations.