‘Constructive politics regarding people need of the hour, but religion is taking centre stage,’ says human rights lawyer Asim Sarode

Mahatma Gandhi first coined this term for Indigo farmers at Champaran, telling them to become fearless to exercise their rights. And later, during the anti-emergency movement in the 1970s, Jayprakash Narayan again gave a call of ‘Nirbhay Bano’ to the Tarun Shanti Sena (youth peace force). While noticing insufficient registration of dissent through political parties since 2014, we have been conducting meetings of like-minded people since 2017. Recently, the movement decided to emulate Nirbhay Bano and has held over 50 public meetings across the state so far to give a platform to people to express their dissent. It is not just a social movement. We took a clear political stand and told people to vote against the present Narendra Modi-led fascist BJP government, and to vote for MVA in the state as an option. We definitely reserve our rights to ask MVA questions if they come to power, but the immediate need is to remove BJP from power. While religion related issues are taking centre stage, which has made a large number of people unhappy, our efforts are to propagate real issues about human lives, and motivate people to follow the ideology of democratic principles, and a participatory and transparent decision-making process to ensure constructive politics for the nation’s progress.

—Last month, senior journalist Nikhil Wagle, a part of Nirbhay Bano, was attacked in Pune…

When you tell people the hard truth, supporters of the insecure dictatorial regime stop using their brains and that’s why they attack. The attack was covered in the press and we could see the faces of the attackers in the video. The police registered an offence but with lame and milder sections of IPC without including section 307 (attempt to murder). The attack was made with an intention to kill us. We will file a petition stating that proper provisions of IPC were not applied by the Police. Moreover, we will also move the High Court seeking quashing of the FIR against Wagle as section 153A (promoting enmity between groups) was wrongly charged by Pune police. The SC has made it clear that a group with a weak mind and emotion cannot decide if a statement is creating a rift or spreading hatred between different groups.

—Former DU Professor GN Saibaba was acquitted by HC, and several people think justice was also delayed due to the judicial process. What do you think?

The GN Saibaba case is a prominent example of miscarriage of justice. The tendency to inflict pre-trial punishment is on the rise, which is taking us backwards, instead of progress in the judiciary system. In several instances, people are punished without following due procedure. It is a definite human rights violation. There is a perception among the legal fraternity that some judges are sitting on benches due to political influence, or their decisions are influenced by religion and certain ideology. We should also appreciate upright judges who are trying to instil’ and protect constitutional principles.

—You also rendered legal help to Amol Shinde, who is among those arrested in the Parliament security breach incident. Why did you think it was required?

It was a strong and courageous professional decision I took as a lawyer. It is the duty and responsibility of the government and the Prime Minister to understand why the youth reacted in such a manner. They also require consolation, mental support and assurance from the government about issues of unemployment. This could have been a better handling of the situation than criminalising it. They should be punished for their offence, but exaggerated and disproportionate implementation of UAPA and other laws against them was not required. The youths are angry as unemployment has gone unaddressed. Police are not letting us meet Shinde, and his family is vulnerable as they are not allowing family to interact with him either.

—The Supreme Court recently asked Assembly Speaker Rahul Narwekar about his findings on Sena judgement being contradictory to the verdict of the Constitution bench. What do you have to say as one of the lawyers in the matter?
The SC judgement of May 11 last year was self explanatory. The Speaker gave an unconstitutional verdict in the Sena case, and held that none can be disqualified as it was an intra-party dispute. The SC should not waste its time by posing questions to the Speaker as it is obvious that the Speaker seems to have passed a judgement under deceitful political agreement. If it was not a case of disqualification, then he had no right to take a decision, and could have sent the case back to SC. Now the SC should take a decision using powers under Article 142, and decide the issue to give complete justice and uphold Constitutional morality so it should not merely remain an academic discussion.

—You are also an active supporter of Andhashraddha Nirmulan Samiti. Do you think the Anti Superstition law enacted a decade ago has achieved its purpose

Anti-superstition law requires much indepth police training. Religious figures and installations inside police stations should be removed and scientific temperament needs to be instilled. An enabling atmosphere should be created to ensure proper implementation of law. Such social legislations are to change behavioural patterns. The SC in Ramdev Baba case expressed displeasure that connected laws such as Drugs and Magic Remedies (objectionable advertisements) Act, 1954 among other laws, are also not being properly implemented.