11 June, 2020

Dear friends in the media,

On March 22, 2020, 95 retired civil servants belonging to the Constitutional Conduct Group wrote an Open Letter “In defence of Harsh Mander” regarding the mischaracterization of his speech at Jamia Millia Islamia on December 16, 2019. In the letter (attached), we had said: “ …Harsh Mander, as a public-spirited citizen of India, had filed a petition before the Honourable Supreme Court in connection with the registering of F.I.R.s against certain political leaders for using hate speech and inciting violence that resulted in the deaths of more than 50 people in Delhi.” Instead of responding to those specific allegations, the Solicitor General of India alleged that Harsh had both incited violence and been contemptuous of the Supreme Court (SC) in that speech.

In our letter, we had pointed out how a selectively edited video was used in the affidavit of the Deputy Commissioner of Police filed before the SC. We argued that if the full video had been presented, it would have proved that neither had he incited violence nor had he been contemptuous of the SC. Citing excerpts from the speech, we said that it had to be read in context, in sequence and in full to appreciate its true exhortations. The following extract makes clear his philosophy: “ We have learnt from Gandhi ji how to respond to violence and injustice. We will fight with non-violence. Anyone who instigates you toward violence or hatred, they are not your friends.” Regarding the allegation that he was contemptuous of the SC, it is clear that it is baseless because all he did was to say:” Which is the place in which this fight will eventually be decided? That is in our hearts, in my heart, in your heart, we have to give a response – if they want to fill our hearts with hate, if we respond with hate, hatred will become deeper”. (Unedited video record of speech at https://youtu.be/yXS2MvqXNsM  and transcripts in English and Hindi attached.)

We have learnt that the Delhi Police has filed a charge sheet (also attached) in the Dayalbagh Ankit Sharma murder case. The early paras indicate the continued position of the Delhi police, claiming that his Jamia speech on December 16 was a hate speech instigating people to violence and against the SC. They write that he used a facade of peace but it was a hate speech! The other two charged with hate speech here are Sharjeel and Azad. This indicates the story that they are trying to build up for the larger conspiracy. It is likely that they will become co-accused in this way in many or all the riot cases, in addition to the conspiracy case.

We are writing to you to please consider whether you can bring to the notice of the general public the continued misrepresentation and mischaracterization of his speech at Jamia Millia on December 16, 2019, and the possible misuse of law against a champion of non-violence and believer in the rule of law. In the meanwhile, those political leaders who publicly used hate speech and incited violence roam free with impunity.

SATYAMEVA JAYATE

Yours sincerely,

Constitutional Conduct Group (with 94 signatures as below)

Attachments

https://constitutionalconduct.files.wordpress.com/2020/06/transcript-of-harsh-mander-jmi-speech.pdf

https://constitutionalconduct.files.wordpress.com/2020/06/ccg-letter_harsh-mander_march-2020.pdf

https://constitutionalconduct.files.wordpress.com/2020/06/charge-sheet-65.20-dayalpur-corrected.pdf