DHARNA BY DISABLED PERSONS - UNPRECEDENTED RESPONSE

THE unprecedented response that the April 20 dharna received gives an inkling of the shape that the movement of disabled persons for justice and right to a dignified life is going to take in the near future. The turnout in the national capital’s Parliament Street in response to the call given by the National Platform for the Rights of the Disabled, was massive. Proving all projected estimates wrong over 4000 disabled persons turned up for the dharna. They were undaunted by Delhi’s scorching heat and the multitude of obstacles that they had to encounter and cross to make it to Delhi. Surged by enthusiasm the hundreds that had gathered at Atul Grove Road marched to Parliament street raising slogans and giving vent to their anger against an insensitive and callous administration that refuses to recognise their problems let alone addressing them.

Earlier, a nine-member delegation led by Brinda Karat, CPI(M) Polit Bureau member and Rajya Sabha MP, met the prime minister and submitted a memorandum enlisting the demands. It was for the first time that the prime minister was meeting a delegation of disabled persons at Parliament House. It is pertinent here to note that only one gate of the Parliament House complex, Gate No 9, is disabled friendly. A disabled person can access parliament only through this gate. Later, in the evening a delegation also met the minister for social justice and empowerment, Mukul Wasnik. Both of them said the government is sympathetic towards the issues raised in the Memorandum and was also considering change in laws and also bringing in a new law to replace the outdated Persons With Disabilities Act, 1995. The issue was also raised in parliament by CPI (M) MPs.

There were people on wheel chairs, there were persons who crawled on their four limbs, there were others who walked the distance with the aid of their crutches, there were persons who needed assistance and had to be guided all along and there were a few who had to be transported in a vehicle. Persons with hearing and speech disabilities, persons with visual disabilities, persons with motion related disabilities, people with stunted physical growth, representatives of persons with intellectual disabilities and their caregivers, all were there determined and unflinching in their resolve. They were agitating on the demands for a universal identity card, employment opportunities, amendment to the RTE Act to include the disabled, replacement of the PWD Act of 1995 with a new law and harmonising all other laws in tune with the United Nations Convention on Persons with Disabilities, 2008.

Leading the march were Brinda Karat and leading members of the National Platform Kanti Ganguly, Sailen Chaudhury, P Mohanan and O Vijayan, Namburajan, G Ramulu, and Subash Gupta. Participating organisations included the Paschim Banga Pratibandhi Sammelini, the Differently Abled Welfare Federation, the Karnataka Rajya Angavikalara Mattu Palakara Okkota, Tamilnadu Association for the Rights of all Types of Disabled and Caregivers, Jharkhand Viklang Manch, and the Vibhinna Prathiba Vanthula Hakkula Vedika, Andhra Pradesh. There were contingents also from Haryana, Gujarat, Rajasthan etc. Then there were participants from organisations which were not associated with the platform like the Human Rights Law Network, the Aarth-Aasta, the National Association of the Deaf, the Deafway Foundation etc.

What was most shocking was the insensitivity of the railways. This is amply reflected in various obstacles put before the West Bengal contingent before they could finally make it to Delhi. Initially, the railways refused to give a special train at concessional rates, despite the disabled being entitled to concessions. Later on after the matter was pursued vigorously, the railways decided to run a special train between Howrah and Delhi. The train which was scheduled to reach Delhi at around 1.30 am on April 20 finally reached at around 10.30 am. This was not all. The railways left no stone unturned to ensure that the disabled passengers faced a very difficult time. Despite the train making long unscheduled stops all along the route, water in the washrooms were not replenished, putting the passengers to discomfort. It is only after reaching Lucknow that too after being forced by the passengers that the railway authorities filled water. On their return journey too, even though the train was parked at Anand Vihar station for more than eight hours water was not filled. After the agitated disabled passengers raised a hue and cry, the authorities promised to fill water at Ghaziabad. But it was done only a few stations later long after Ghaziabad had passed. When the matter was raised in the Rajya Sabha by Brinda Karat an infuriated minister for railways, Mamata Banerjee instead of assuaging the feelings of the disabled passengers turned intemperate and accused them of misutilising the water provided in the washrooms.

Kanti Ganguly, leader of the Sammelini and minister in the West Bengal government, addressing the dharna accused the union railway minister for attempting to settle political scores. He detailed the hurdles and troubles that the disabled persons encountered even while traveling by a so-called special train. The “special” treatment meted out to these passengers by the railways came in for universal condemnation by the participants. He vowed alongwith the participants from the Paschim Banga Rajya Prathibandi Sammelni to not take it lying down and fight back.

Speaking at the dharna, Brinda Karat drew attention to the lack of sensitivity to the issues concerning the disabled. She cautioned that no society can consider itself democratic unless it is able to provide equal opportunities to all its citizens, including persons with disabilities. Congratulating the participants she maintained that it is only because the disabled have organised and have started asserting themselves that the movement for their rights has gained momentum. She called upon the democratic forces to include disability issues as part of their agenda.

Others who spoke were P Mohanan from Kerala, Pankaj Das from West Bengal, Sumati from Andhra Pradesh, Aparna from Tamilnadu, Menna Kumari from Jharkhand and Rajiv Raturi from the Human Resources Law Network. Sign language interpreter from the Deafway Foundation, Gaganpreet Kaur translated the proceedings into sign language for the benefit of those with hearing disability.

Source: People’s Democracy dated 23-05-2010

PRICES OF ALL ESSENTIAL COMMIDITES INCREASED ABNORMALLY DURING 1ST YEAR OF 2ND UPA GOVERNMENT

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UPA GOVERNMENT WORKS FOR THE RICHER

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MARSHAL MURMU AND A POEM DEDICATED TO HIM FOR SAVING HIS TEACHER FROM MAOIST BUTCHERS

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INDIA IS UNFIT FOR MOTHERS

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ON TO NATIONAL SOLIDARITY CAMPAIGN WITH WEST BENGAL PEOPLE - M K Pandhe

ONE of the crucial decisions of the 13th CITU conference held at Chandigarh was about organising a one week solidarity campaign all over India from April 18 to 24. During the week, all unions affiliated to the CITU will organise various forms of actions, culminating in rallies all over India on April 24 to condemn the Trinamul-Maoist combine’s heinous attacks on the cadres of the Left and democratic movement in West Bengal.

Speaking fervently at the conference, delegates from West Bengal vividly described the murderous attacks on innocent activists of the Left parties and mass organisations in the state. Delegates from all over the country applauded when West Bengal delegates pointed out how heroically the working class and the people there are resisting the offensive.

Most of those brutally murdered came from the downtrodden sections of society, and were involved in struggles to protect the common people’s interests from the UPA government’s anti-people policies. Assassinating the cadre fighting for the toiling people’s legitimate rights has only emboldened the capitalist sharks in the country to intensify their wicked attacks on the masses. Though the Trinamul and so-called Maoists talk in the name of the people, in practice they have been hitting the basic interests of the people. People in West Bengal are realising the game behind these atrocities but the people of other states must know about the true character of the game Ms Mamata Banerjee and these pseudo-revolutionaries playing. The purpose of the CITU’s campaign is to make the working class and other people of India understand the nature of the cruel alliance built against the Left Front in West Bengal. Its sole purpose is to overthrow the Left Front government and establish an anarchic rule on behalf of the ruling classes.

AN OUTPOST OF DEMOCRATY

West Bengal is the frontline outpost of democratic movement in India. Here the Left Front is running the administration for 33 years, which has become eyesore to our capitalists. Foreign powers too are keen about destabilising the Left Front government since it is implementing alternative policies not suitable to their depredations in India. Imperialist agencies in India are clandestinely helping the anti-Left forces to strengthen their machinations against the Left Front government. Moral and material help from imperialist agencies to our electronic and print media as well as the anti-Left political forces has been a big factor in their campaign against the Left Front government in West Bengal.

If the attacks on the Left Front government here by the reactionary forces inside and outside succeed, it will only embolden them to engineer an all round attack against the Left and democratic movement all over India. Thus the proposed solidarity campaign is a campaign to protect the future of our movement not only in West Bengal but in the whole country. The working people need to continually keep in mind this important aspect of the struggle.

In its last general council meeting, the CITU had decided to observe a day in October 2009 to express solidarity with the toiling millions of West Bengal and expose before the people of India the vile nature of their war on the Left Front government. CITU state committees successfully carried out the action, with the workers and other people responding well to it.

The CITU conference urgently felt the need to continue the campaign because the conspiracy against the Left Front government has intensified and murderous attacks against the Left cadre increased as Ms Banerjee has become desperate to occupy the CM’s chair in Writers Building. With her one point programme against the Left Front, she is making all out attempts to align with any one who is prepared to support her unprincipled design and personal ambition. Her concept of mahajot is nothing but an opportunist alliance for her aggrandisement.

UNPRINCIPLED ALLIANCE

The CITU conference clearly noted that the Trinamul supremo had no coherent policy or principle, and has aligned with all types of parties. She had no compunction to allow BJP to grow in West Bengal and carry forward its communal agenda. She was/is happy as a minister in the NDA as well as UPA government. She once characterised the Congress as the CPI(M)’s B Team but subsequently forged an alliance with the same party. In Nandigram agitation she joined hands with all forces opposing the Left. She continued her agitation even after the Left Front government announced that the Nandigram chemical hub would not be developed if the people did not want it.

Her alliance with the so called Maoists is another example of her opportunist politics. She kept mum as the railway minister when they blew up rail tracks. She took no time to condemn the CPI(M) for the sabotage though it later transpired that it was the handiwork of her Maoist cohorts. She prefers to keep mum when arrested Maoist leaders admit that Trinamul supplied them arms and logistic support. From extreme left to extreme right, Trinamul supremo can make any force her ally provided it opposes the Left Front government. She shamelessly supported the divisive Darjeeling agitation for a separate Gorkhaland and had no qualm to encourage Kamatapuri agitation simply because it was against the Left Front government. She had never condemned the killing of the Left cadre whose number is swelling everyday. She, however, demanded withdrawal of the central security forces sent to West Bengal to deal with the Maoist depredations in parts of the state.

People saw her quixotic style of functioning when she expressed her desire to remove red colour from the Indian Railways network. Even her supporters ridiculed the idea.

As railway minister, Ms Banerjee’s performance is much below the mark. The largest number of rail accidents has occurred since she took charge of the ministry. Her attendance in the ministry is minimal; most of the time she is found in West Bengal, leading agitations against the Left Front government.

While Ms Banerjee approved the women’s reservation bill in the cabinet meeting, she opposed it in parliament, which has exposed her duplicity in the country. As a cabinet minister, she should have honoured the government’s decision to oppose the murderous Maoist politics, but she is openly supporting their depredations. That the UPA government tolerates her utter duplicity in policy matters, exposes its hollowness. Several railway officials privately talk against her handling of the ministry, but the Manmohan Singh government is allowing her maverick behaviour due to its own opportunism.

EXPOSING THE DANGEROUS GAME

The CITU’s solidarity campaign will explain to the people the dangerous game the Congress-Trinamul-SUCI-Maoist gang-up is playing against the Left Front government. The killing of the Left cadre only exposes their desperation to somehow or other topple the state government.

The Left Front campaign is continuing cautiously but effectively. With the alternative policy framework of the Left, it is in effect a struggle against an unprincipled opportunist alliance, the policies of globalisation and the imperialist penetration in India.

With the solidarity actions by the toiling masses all over India, the Left Front and all those supporting it will successfully foil the reactionary attempts to unseat the Left Front from the Writers Building at Kolkata. The CITU’s April 18-24 campaign will be a humble contribution to the heroic struggle of the West Bengal people to defend the glorious traditions of their state. The West Bengal state committee of the CITU is to publish a documented booklet to help all CITU unions in this nationwide campaign.

With no concrete policy to serve the people of West Bengal, the Trinamul and its allies cannot have a grip on the people’s psyche. Dissention within the party has cropped up due to Ms Banerjee’s authoritarian style of running the party apparatus. Many sections who supported Trinamul have now started speaking against her reckless moves. Despite the offer of two cabinet posts, she chose to take only one as no partyman can be equal to her. Demagogic speeches cannot heal the wounds this has created in the minds of the affected persons.

Several Congressmen have in private expressed opposition to the alliance with Trinamul due to the humiliation the Trinamul supremo imposed on the Congress. Many of them have not taken the murder of a Congress leader by Trinamul goons kindly. Nor are they appreciative of the Trinamul’s opposition to every development project in West Bengal. The opportunist alliance is on a shaky ground and the Left would expose its real character.

The Maoist collaborators of Trinamul Congress are misusing the name of great Mao Ze Dong who led the historic Chinese revolution. Mao never advocated individual killing of poor and innocent persons. He led millions of peasants in a revolutionary struggle against the domination of imperialists and their Chinese collaborators. He never asked his cadre to extort money from the people. But the forces working here in Mao’s sacred name are resorting to extortion and individual annihilation, helping the ruling classes against the Left forces in India who are fighting the UPA government’s anti-people, pro-US policies. The Maoists’ opportunist support to Trinamul Congress against the Left in West Bengal proves their ideological bankruptcy; it was also seen in their open support to Shibu Soren in the last elections. This “infantile disorder” only helps the ruling classes and hits at Lhe left and democratic movement which is fighting for the establishment of a socialist society in India.

MAOIST BANKRUPTCY

The CITU has decided to explain in its campaign the ideological bankruptcy of the Maoists and their unprincipled alliance with Trinamul Congress, thus helping the Indian and foreign reactionaries’ attacks on the Left and democratic movement here. It is necessary to expose how right reactionaries and left extremists are making a common cause against the genuine Left in the country.

One must note that some left extremists have already expressed their opposition to the policy of individual annihilation and the killing of persons from the poorest strata of society. One has to grasp the importance of a struggle against the erroneous and infantile ideology of the so called Maoists who are helping the Trinamul, though in the long run they are bound to fail.

The Maoist attacks on CITU activists are not confined to West Bengal. In the Kalta iron ore mine in Orissa, they kidnapped a CITU leader, Thomas Munda, on January 25, brutally murdered him, and threw his body five km away. To the contractors’ glee, Maoists are threatening the CITU members to leave the union in the Orissa iron ore mining belt.

In Chhattisgarh too, the Maoists murdered Shakti Dey in Bastar area on October 9, 2009. He was mercilessly killed in presence of his family members.

Killing of persons having no arms to defend themselves is a sign of cowardice. The self-proclaimed human rights activists do not say a word about the human rights of such unarmed persons who these armed thugs are brutally murdering!

The Left Front and its supporters in West Bengal are fighting a grim battle against heavy odds. The task of winning over the people who did not vote the Left Front in the last parliamentary polls, is no doubt a difficult task. But the cadre are determined to launch a powerful campaign to explain the pro-people policies of the Left Front and convince the people about their crucial role in keeping the Left Front government in saddle in West Bengal.

The CPI (M) has heroically faced semi-fascist terror in West Bengal during 1972-77 and lost over a thousand of its activists; several thousands of its cadre were evicted from their places of residence. But the people of West Bengal rallied behind the Left Front, brought it to the government and maintained that government for about 33 years. Since independence, no other party or combination has run a state’s administration for so long a time.

The CPI (M) has self-critically examined the reasons for the setback in the last parliamentary polls and decided to take corrective measures to improve the administrative apparatus to serve the people more effectively despite the limitations imposed by the present bourgeois system.

Undaunted by the heinous attacks by the Trinamul-Maoist combine, the West Bengal Left Front has carried out a powerful campaign to explain its pro-people policies and expose the nefarious reactionary machinations backed by imperialism. To these forces, the Left Front governments in West Bengal, Kerala and Tripura are an impediment to the policies of globalisation dictated by the World Bank and IMF.

During the CITU conference, delegates wholeheartedly cheered when they heard about the SFI’s successes in Jadavpur University (West Bengal) and the CITU’s success in Farrakka NTPC elections. The Left Front is rightly confident that it would win over the people who went away from it during the last parliamentary elections and nip in the bud the Trinamul’s fond hopes of entering the Writers Building by hook or by crook. The glorious historical traditions of West Bengal are bound to inspire the people to rise to the occasion and defeat the conspiracies to unseat the Left Front in the coming period.

Source: People’s Democracy dated 11-04-2010

PAINTER SUBHA PRASANNO BHATTACHARJEE FIGHTS FOR INSANE MAOIST-TMC RAPISTS, EXTORTIONISTS AND BUTCHERS BUT SILENT ON VICTIMISATION OF A TEEN AGER AT TH

GOONS OF CONGRESS PARTY RANSACK ITS OWN STATE COMMITTEE OFFICE IN KOLKATA ON 27-04-2010

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EVEN PHOTOGRAPHS OF KARL MARX, LENIN, STALIN, MAO ZE DONG AND RED FLAGS ARE NOT SPARED BY PERVERTED MAOISTS

SLANDER AGAINST NIRUPAM SEN, WEST BENGAL MINISTER

Shri Debabrata Bandyopadhyay is a trusted Advisor to the eccentric and obstructionist Trinamul Congress Supremo Mamata Banerjee. He is also a former Secretary of Revenue and erstwhile Secretary of Rural Development in the Government of India.

In a recent piece titled, "Citizens Beware! Killer Convicts at Large!" in the Mainstream magazine dated December 4-10, 2009 he has thrown mud on CPI (M) functionaries by building a monument of falsehood about "conviction", "release on parole" and "destruction of records".

In doing so and by using expressions such as "black mamba", "killer convicts", "nasty killer" to describe a serving and elected minister and other public functionaries, the author only further sullies his already discredited image.

What is striking is the absolute lack of editorial due diligence in publishing this malicious piece written by the former bureaucrat. Any editor worth her/his salt would have taken pains to check the veracity of the claims as well as been tempted to use editorial standards to vet some of the abominable language used. But alas, so consumed is the editor in buying the spurious monument of lies, there is none of that necessary editorial work.

Bandyopadhyay's entire article is a pack of lies, wrapped in a monument of malice intended to deliberately attack and demonize serving ministers and senior leaders of the ruling Communist Party of India (Marxist).

The context that provides the author to make such a willful character assassination and deliberate falsification of facts is the ‘Sainbari’ incident on 17th March 1970, where two brothers - sympathisers of the Congress party named Moloy Sain and Pronob Sain were killed.

These murders were made the pretext to falsely implicate the entire leadership of the CPI (M) in Burdwan district. It must be noted that this was done when West Bengal was under President's rule and the Congress party was going all out to target the CPI (M) and its cadres.

The argument of Bandyopadhyay's article is that:

1. 50/60 armed hooligans under the leadership of “Benoy Konar” attacked the residence of Sains in Burdwan with “foul mood” and murdered two Sain brothers named Moloy Sain and Pronob Sain.

2. 17 of the miscreants were responsible for the murder of the Sain brothers.

3. The author does not care to mention their names.

4. Eight of them, were "convicted" and life imprisonment was imposed upon them by the District and Sessions Judge of Burdwan in 1971.

5. Of the eight thus convicted- he names Benoy Konar (who is current Central Committee member of the CPI [M]), Politburo Member and West Bengal industries minister Nirupam Sen, Manik Roy (mentioned as "absconding"), Amal Haldar and Paltoo Bandyopadhyay.

6. The "convicts went on appeal before the Calcutta High Court twice.

7. On both occasions their appeal was rejected.

8. The convicts did not "curiously" prefer to appeal before the Supreme Court and instead "waited for an opportunity to get them out of the prison by foul means".

9. Later, when the CPI (M) came to power, "all the convicts of the Sain murder case were released on “unconditional and unlimited parole”.

10. The "records of the case" were "pilfered" from the "archives of the Calcutta High Court through their [the CPI (M)'s] committed members of the "Coordination Committee" among the employees of the High Court" and were destroyed.

11. The Registrar General, Calcutta High Court had "shockingly" reported to the Supreme Court that the High Court had no paper relating to the Sainbari case.

12. The "convicts" have been "enjoying unrestricted and unconditional parole for the last 32 years".

13. One Joydeep Mukherjee has filed a writ petition before the Supreme Court to find out how the "convicts" have been "enjoying unrestricted and unconditional parole for the last 32 years".

Thus framing his case for the article's headline that "killer convicts are at large", Bandyopadhyay then goes on to construct an elaborate pack of cards bringing the Singur and Nandigram "incidents" into the picture as he makes scurrilous after scandalous claim about the persons in question.

FACTS OF THE CASE AND ORDER

1. The 2nd United Front Government led by Ajoy Mukhopadhyay was dismissed by Governor Dharam Veera on 16-03-1970.

2. A 24-Hour Bangla Bandh was called by the CPI (M) and other Left Parties on the next day 17-03-1970.

3. In each and every locality in West Bengal the “Bandh” was being observed peacefully and the cadres of Leftist Parties took out processions and organized mass meetings against the dismissal of the State Government.

4. A similar peaceful procession was taken out in at Talmaruin area of Burdwan Town on that day by CPI (M) workers.

5. It was attacked by antisocial elements of Congress Party with bombs, lethal weapons and as a result one Gourhari Dey was injured seriously.
6. In the clash followed, 2 Sain brothers named Moloy Sain and Pronab Sain and one private tutor were killed.
7. At 12:30 PM on the same day, one Dilip Kumar Bhattacharya s/o Bomkesh Bhattacharjee of Ahiritola Lane, P.S. & Dist. Burdwan lodged an FIR with the Burdwan Police Station. The FIR was drafted by the District Congress President Nurul Islam in the Congress Party Office in consultation with Panchu Gopal Mukherjee, S.P. of Burdwan, Shankari Chatterjee, Officer-in-Charge, Burdwan Police Station and Rabindranath Ghosh, S.I. of Burdwan Police Station.
All the above three police officers had taken a pledge to wipe out CPI (M) from Burdwan District. Bijoyesh Ganguly was mentioned as witness.
8. The manufactured FIR mentioned clearly the following:
a. A peaceful ‘Bandh’ was being observed at the call of a political party but its armed cadres were giving provocative slogans.
b. At about 8-00 am an armed procession of about 1500/2000 people were proceeding through Pratapeswar-Shibtola in the town where the residence of Sain brothers was situated.

c. The processionists broke open the residence of the Sain Brothers, set it to fire and in the ensuing clash two Sain Brothers named Moloy Sain, Pronob Sain and family private tutor Jiten Roy were killed.

9. On the basis of the said FIR the Burdwan Police Station started P.S Case no 50 dt. 17.3.70 under sections 148/149/307/302/336/380 of I.P.C. against the following persons and took up investigation of the case.

(1) Ajit Kumar Mukherjee @ Tila (2) Kalyan Dutta Mondal (3) Pabitra Bhattacharjee (4) Madhu (5) Anwar Hossain (6) Akbar Hossain (7) Tapas Mukherjee (8) Vivek (9) Bulu (10) Amal Banerjee (11) Bablu Banerjee (12) Saikat Sain (13) Gandhi (14) Budo (15) Mahadeb Bhattacharjee (16) Swadhin Chatterjee (17) Mridul Sen (18) Salil Bhattacharjee (19) Subhas Chatterjee (20) Dilip Dubey (21) Ajoy Chatterjee (22) Bablu Dutta (23) Pradip Ghosh (24) Baidyanath Samanta (25) Sujit Ghosh (26) Subodh Chowdhury, (27) Amiya Dawn of Shaktigarh, Freedom Fighter Subodh Chowdhury and in the name of others totaling to 72 and 1500 unknown people.

In the original FIR there was no mention of the names of the then MLA Benoy Konar, Gokulananda Roy, Municipal Councillor Mojammel Hossain, Ramnarayan Goswami @ Kudo, Abdul Rashid, Swapan Banerjee and others.

10. Shri Tarun Dutta was the District Magistrate of Burdwan.

11. Later the officiating Chief Minister Shri Sidhartha Shankar Roy had been to Burdwan a number of times. He met the mother of Sain brothers Smt. Mrignayana Devi and made a wide-spread false and malicious propaganda that she was forced to eat boiled rice mixed with blood of her two slain sons on the fateful day. He had also introduced her to Smt. Indira Gandhi.

12. The notorious Governor Dharam Veera also visited Burdwan to give it wide publicity.

13. All the anti-Leftist Forces and a section of perverted media in the country had spread concocted stories of CPI (M) brutality and made it an all India issue.

14. After completion of the investigation the D.D.I., Asansol submitted a charge sheet against 111 persons including Benoy Konar and others on 8.2.71 under various sections of the Penal code including sections 326/302/440/836/114/149/336 of I.P.C. before the S.D.J.M Burdwan.

15. The Investigating Officer requested the Court to release 34 innocent persons who were arrested indiscriminately by him.
16. Out of these 111 accused persons, 56 persons were in jail as Under Trial Prisoners.

17. In this case " STATE V AJIT MUKHERJEE AND 83 OTHERS” also known as the “SAINBARI CASE” there was mention of 78 persons as public witnesses.

18. After submission of the Charge Sheet some more arrests were made.

19. During the running of the trial at Burdwan, the advocate Bhabadish Roy defending the accused, Freedom Fighter Shibshankar Chowdhury (Kalo Da), Purnananda Batabyal, Pancha Bagdi, Ram Mudi, Arun Devbhuti, Nitya Paul, Anwar, Brinta (Bagha), Arun Dutta, Shanti Bhanja and many other CPI (M) leaders & cadres were killed by criminals of Congress Party in Burdwan Town. A total reign of terror was created by the Congress hoodlums and butchers in connivance with Superintendent of Police Panchu Gopal Mukherjee and other police officials in the town.

20. Most of the CPI (M) leaders and cadres living in Burdwan town had fled and took shelter elsewhere.

21. The accused persons, therefore, made a prayer before the Sessions Judge, Burdwan for the transfer of the case outside the Burdwan town on safety and security reasons.

22. The Learned Sessions judge rejected the prayer of the accused persons.

23. Thereafter the accused persons moved the Hon'ble High Court, Calcutta. On 21.2.71 the Hon'ble High Court transferred the case to Alipore and the S.D.J.M Alipore committed the case to the court of Sessions on 13.6.74.

24. Some of the accused persons died in the meantime and some were absconding. So, the Third Court of Additional Sessions Judge Gitesh Ranjan Bhattacharjee framed Charges against 83 accused persons on 13.8.77 including Benoy Konar, Dilip Dubey, Ramnarayan Goswami, Ashok Bhusan Chakraborty, Mridul Sen, Sukanta Konar, Nirupam Sen, Rajat Banerjee, Amiya Saha, Swapan Banerjee under sections 148/149/302/149/436 of IPC and read out their names. All the accused persons pleaded innocence.

25. The names of Amal Haldar and Manik Roy were mentioned neither in the original FIR nor in the charge sheet framed by The Third Court of Additional Sessions Judge on 13-08-1977.

26. In the meantime, the Left Front Government came to power on 21st June, 1977. Immediately after installation, it declared the following policies on the basis of “Forgive and Forget”:

a. No revenge will be taken against those criminals and murderers of the Congress Party who had butchered more than 1200 CPI (M) leaders and cadres in West Bengal between 1971 and1977 and created a reign of terror during this period.

b. All political prisoners irrespective of affiliation would be released unconditionally.

27. On 20.9.77 the Learned Public Prosecutor, therefore, filed an application u/s 321 Cr.P.C seeking the court's consent for withdrawal from the prosecution of the accused persons.

28. On 30-09-1977 Shri Gitesh Ranjan Bhattacharjee heard the case and ordered to withdraw cases against only 4 accused persons.

29. All the other accused persons appealed to the Calcutta High Court. Maintaining the order of 30-09-1977 the Calcutta High Courted directed the State Government to submit afresh a petition before the Third Court of Additional Sessions Judge for withdrawal of the case. Shri Asit Ganguly defended the accused persons.

30. On 29-11-1977 the Public Prosecutor filed an application afresh u/s 321 Cr.P.C before the Third Court of Additional Sessions Judge for withdrawal from the prosecution of the accused persons with the consent of the court on following grounds.

a. There was an occurrence on the relevant date and relevant time in the house of the Sains, but the accused persons did not participate in that occurrence. That most of the accused belonged to one political party and most of the witnesses belonged to a rival political party, and that the accused persons had been falsely implicated in the case. That the investigation had not been fair and impartial and that the rival political party directed the course of the investigation and the evidence collected by the investigation agency was grossly tainted.

b. As two major political parties were involved in the case, if instant prosecution was carried to its logical end, it is almost certain that feelings or acrimony and hatred would be engineered between the local workers of the said two political parties, and that the current (then) situation in Burdwan town is quite peaceful and the trial is bound to disturb the peaceful atmosphere that is prevailing in the town.

c. The then State government (of the Left Front) had effected a policy of "Forgive and Forget" which was directed at putting an end to all political and ideological bitterness of the past.

d. The entire trial is based on the FIR lodged by one Dilip Bhattacharjee. But he himself has declared in writing that he did not know who had committed the murder. He was not a witness to the incident. He had neither written the statement of the FIR nor did he himself submit the same to the concerned police station. The FIR was drafted by the District Congress President Nurul Islam. He had put his signature on the same without going through it. Mr. Islam himself had also submitted it to the police station. The written declaration of Shri Bhattacharjee was enclosed marked Annex-A.

Witness No. 43 Itika Dutta of Suratmahal Lane of Town Hall Para of Burdwan had submitted in writing that during the incident on 17-03-1977 she was out of Burdwan. The Investigating Officer had manufactured a false statement under section 161 Cr.Pc. without meeting her.

The brother of two slain Sain brothers Bijoy Sain submitted in writing that along with two others he was confined to a room during the incident and so did not know what actually had happened.

Bijoy Sain, his sister Swarnalata Josh and brother-in-law Amalkanta Josh had in writing pleaded for withdrawal of the case in view of the prevailing peaceful atmosphere in the town.

e. The Investigating Officer had recorded the statement of Swapan Mukherjee on 08-04-1970, Nurul Islam on 08-04-1970 and Bijoyesh Ganguly on 23-04-1970 as witnesses to the incident but surprisingly their names were not mentioned in the original FIR. Even they had not put their signature on the FIR as witnesses.

The Public Prosecutor submitted that on the basis of such weak documentary evidences and witnesses, it was not possible for him to continue the case against so many people. So, he wanted to withdraw the case.

In the meantime, Hon’ble Judge Gitesh Ranjan Bhattacharjee got transferred to the Calcutta High Court as its judge. So, the Additional Sessions Judge R.K. Kar examined the grounds of withdrawal by looking at similar judicial precedents and on the basis of principles laid down by the Supreme Court in considering such grounds observed that:

a. There was a case of recantation of testimony by the person who filed the FIR.

b. He was unsure of the numbers mentioned in the charge sheet and that following the incident.

c. Leaders of the rival political party had colluded with the investigating officer in getting statements recorded from various witnesses.

d. There were several discrepancies with the statements given by the witnesses.

e. The manner the FIR was filed and in the way the investigation was done.

f. These facts and circumstances supported the Public Prosecutor's submission.

g. The investigation had not been impartial.

h. He would not be able to lead cogent and convincing evidence to warrant a conviction of the accused was not without basis.

i. The general political atmosphere in Burdwan Town at that time, featuring political murders and attacks on rival political parties, the general inaction of the police during the incident - either to halt the miscreants' attack on the Sain house as a retaliation to an alleged bomb attack on them or to apprehend them after the incident.

j. Other precedents on incidents arising out of rivalry between different associations and dismissal of charges owing to the need to continue to maintain harmony post such incidents.

k. In the light of prevalence of relative calm and peace eight years since the Sainbari incident, the judge mentioned that the Public Prosecutor's submission of withdrawal on such grounds deserved consideration.

l. However on the third ground of the Left Front government's policy of "forgive and forget", the judge clearly mentioned that "the policy of Government is no consideration for giving consent for withdrawal" citing other precedents.

m. In sum, the judge considered the other grounds enough to not find sufficient reason to withhold consent for withdrawal. Thus, the 83 accused persons were acquitted of the offences under Cr. PC section 321(b) passing the following order on 06-05-1978.

“CHARGES HAVING BEEN FRAMED AGAINST ACCUSED PERSONS OF THE INSTANT SESSION TRIAL CASE THEY ARE, THEREFORE, ACQUITTED OF THE OFFENCES UNDER SECTION 321 (b) CR.PC.”

If anyone goes minutely through the proceedings of the court, he will come across the following facts.

The "convicts" went on appeal against their "sentence" to the High Court and that eventually they were released on "parole" are thus completely false and flows from the rather flowing imagination of the said author.

It also appears very clearly that the numbers 8 and 17 are discretely chosen to make a scurrilous point.

Amal Haldar's name for example is not part of the 83 accused in the "State vs Ajit Mukherjee..." case.

· How could someone who has not been convicted appeal for "parole"?

· And from where did Bandyopadhyay make his claim that eight persons were convicted and sentenced to "life imprisonment"?

· And why would anyone who has not been "convicted" appeal to the Supreme Court to overturn a judgment of "conviction" if that never happened?

· These are questions that deserve legitimate answers from the obviously deranged former bureaucrat.

· That Bandyopadhyay's later assertions on the CPI (M) using its "power" to grant "parole" to the "convicted" and that the records of the case archive were destroyed are nonsense is proved from the "State vs Ajit Mukherjee..." case records.

· Curiously, Bandyopadhyay also makes other assertions that the Registrar General, Calcutta High Court had "shockingly" reported to the Supreme Court that the High Court had no paper relating to the Sainbari case, when no appeal to the non-existing conviction was ever filed in the High Court!

· The author continues in his nonsensical vein claiming that the "CPI (M) government had granted unconditional and unlimited parole" and hopes that the "Supreme Court gave an order revoking the parole of the convicts".

· It is mentioned in the article that one Joydeep Mukherjee has filed a writ petition before the Supreme Court to find out how the "convicts" have been "enjoying unrestricted and unconditional parole for the last 32 years".

· As established before, these are all false premises and one wonders how the Supreme Court could admit the petition which is certainly a false affidavit - a sure case of contempt of Court.

In fact, the order in the "State vs Ajit Mukherjee and 83 others case" - passed by the Third Court of Additional Sessions Judge, Alipore dated 30 September 1977 and another dated 6 May 1978 - eventually acquitted the 83 accused persons from the charges framed against them.

So, the entire contention of the article written by D. Bandyopadhyay is concocted, manufactured and distorted. It is nothing but a fairy tale and nonsense. It is completely false and flows from the rather flowing imagination of the said author.

The deranged writer D. Bandyopadhyay is a trusted advisor of the leader of the chief party in the opposition in the state is a testament to the state of affairs that exists in the anti-Left Front alliance in West Bengal.

Considering the track record of the leader in question - in the sheer mindlessness, in the nonsensical obstructionism, in the poverty of logic and reason in the Trinamul's politics, it is not a surprise that she keeps such abominable company to advise her. He and other perverts are the “Think Tank” of Mamata Banerjee. It can be easily realized how they are going to destroy the future of West Bengal.

The perverted former bureaucrat D. Bandyopadhyay is the most appropriate successor of “Goebles and Hitler”. If both of them were alive, they would have hung their heads in shame watching their successor surpassing their limits of distortion of facts and perversions. The use of most derogatory words such as “convict on parole”, “public menace”, "killer convicts” “black mamba” “Khokan Sen”, “District level operator” "nasty killer" etc. by this uncultured former bureaucrat speaks of his unsound mind and manner of his bringing up.

It is, therefore, expected that the Supreme Court of India takes drastic steps against the perverted Maoist intellectual D. Bandyopadhyay for distortion of court proceedings and against Joydeep Mukherjee for filing a false affidavit before the Apex Court.

As a matter of fact, the free roaming of these types of perverts and deranged intellectuals is not only dangerous for the society but also for the country.

A section of print media in West Bengal such as “The Statesman”, “Dainik Bartaman”, “Ananda Bazar Patrika”, “Dainik Pratidin”, Dainik Sangbad”, “Mainstream”, “Dainik Ekdin” “The Telegraph” have been emitting venom against the CPI (M), its leaders and the Left Front Government in West Bengal. These print media on the pay roll of finance capital and imperialists are bent upon maligning and weakening the working class and democratic movement in the country. A few perverted anti-national insane intellectuals use these media for suiting their political agenda. The former IAS bureaucrat D. Bandyopadhyay is one of them.