May  2003 
Year 9    No.87

Update

The taming of Togadia

The week–long incarceration of the hate–spewing VHP leader by the Rajasthan government, and his subsequent release on bail, on condition that he keeps his tongue in check, shows that firm punitive action by governments can put hate–mongers in their place 

Last month, the Rajasthan government took a long over due decision to ban the distribution of trishuls. Such actions and the militant mobilisation by the VHP–Bajrang Dal that accompanied them were used to engender terror and promote violence against sections of Indians. Days later, on April 13, 2003, the government kept up it’s resolve to deal with communal forces firmly when they arrested Praveen Togadia, international general secretary of the VHP, who openly defied the ban and distributed trishuls at Ajmer.

A weak–kneed sangh parivar faltered, given the lukewarm response from its cadre as the fire–breathing icon of Hindutva remained in jail for eight days. On April 21, Togadia was released on bail, which was conditional to his not committing the offences he had been arrested for. Not surprisingly, subsequent public mutterings by the VHP leader have been tame compared to his earlier outpourings (see cover story of the month).

In it’s FIR registered against Togadia, the Rajasthan government charged him with cognisable offences committed under section 153A and B and section 295 IPC (sections related to hate speech and causing intra-community ill–feeling and disharmony), as well as section 121(A) of the IPC.

Typically, the application of this section, which relates to a conspiracy ‘to overawe by means of criminal force or the show of criminal force, the central government or any state government’, has been the deliberate focus of a disinformation campaign by the sangh. There have been deliberate attempts to confuse the application of this sub-section with sections 124 (A) of the IPC that relates to sedition (which applies to an offence against the central government) and section 121 which pertains to waging war against the Government of India. These have not been applied in Togadia’s case.

In recent years, the VHP and Bajrang Dal have continued with their agenda of constantly hurling abuses at sections of Indians who belong to certain faiths, arms training and arming of civil society through trishul distribution ceremonies and in general spreading terror with total impunity. Since February this year, repeated attempts have been made by the VHP, the Bajrang Dal and the Shiv Sena Commando Force to disturb communal peace in Rajasthan by indulging in vicious forms of hate speech and malicious propaganda. Fortunately, in most of cases, the government and the administration have acted swiftly. (See CC, April 2003). Chief minister Ashok Gehlot’s latest efforts to enforce the rule of law were greeted with enthusiastic support from varied quarters. Prominent businessmen, men and women from different professions, social action groups and mass organisations have congratulated him for the long overdue action.

Meanwhile, on the day of the VHP called bandh protesting Togadia’s arrest, shops belonging to the MKSS in Rajasthan were attacked for defying the ban and keeping their shops open. The Mazdoor Kisan Kirana Stores — fair price shops run by the MKSS in Jawaja, Surajpura, Todgarh and Bhim were kept open. While Bhim was relatively quiet (partly because of firm action taken against Kalu Ram Sankla, self–styled president of the Shiv Sena Commando Force), and Todgarh was quiet too, Jawaja and Surajpura got the brunt of their wounded pride.

In late February, Sankla held a ‘dharma sabha’ in Bhim, the purpose of which was actually to publicly distribute swords and farsas (an axe–like weapon) accompanied by filthy hate speech. When the MKSS protested against the hate speech , and demanded strong action, he was booked first under section 153 A and later under NSA. 

On April 15, the MKSS shops in Jawaja and Surajpura opened as usual. When they were ordered to pull their shutters down in support of the bandh to protest against Togadia’s arrest in Ajmer, MKSS activists refused to comply. The MKSS workers were then abused and threatened by a small mob of 50- odd lumpen elements led by BJP leaders Sita Singh, Ajmer Zilla Parishad member, Mool Singh, aspirant for the MLA ticket and Prabhu Singh, Panchayat Samiti member Jawaja. They shouted communal abuses at all the MKSS comrades, in particular against Chunni Singh. The SHO and the police who were present tried to persuade the MKSS to shut their shop for the sake of peace and maintaining "law and order"!

When the mob found they could not really prevent the opening of the shop, they went to Surajpura and broke the counter, stole money and goods, and left. Meanwhile, a complaint was lodged with senior police officers. In a short while the ASP Beawar, apprehended the crowd and arrested about 25 persons. The MKSS registered FIRs against the five leaders, including a demand for booking them u/s 153 A of the IPC.

There were attempts by communal elements to keep tension brewing since then, with the bazaar being forcibly closed for three days and threats being meted out to other shopkeepers too. Five of the 25 booked under section 151 of the IPC, were rearrested on April 17, 2003 after all were let out on bail.

Since his arrest and subsequent conditional release, the speeches of Togadia have been marked by comparative restraint. His first appearance after being released was in Bapunagar, Ahmedabad where he warned that the VHP would concentrate its activities in Assam and West Bengal where "infiltration" was rampant.

Meanwhile, at the initiative of Shabana Azmi and some others, a group of Rajya Sabha MPs have written to chief minister Buddhadev Bhattacharya, urging firm action against trishul diksha programmes, arms training camps and the hate campaigns accompanying these activities of the VHP, Bajrang Dal and Durga Vahini in West Bengal.