Guest guest Posted August 25, 2004 Report Share Posted August 25, 2004 >HUBLI INCIDENTS > >TALK BY > >Shri D.H.Shankara Murthy, BJP MLC from Karnataka. > >THIS BOOK > >The one point that the now well known "HUBLI NATIONAL FLAG" episode >drives home is this. > >Patriotism does not allow stipulating pre-conditions. On the >contrary, unconditional surrender of individual interest to the >national interest is the highlight of patriotism. > >VIGIL invited Shri D.H.Shankara Murthy, a BJP MLC from Karnataka, >who was in the thick of the struggle throughout, to share his views >in a public programme organized by the forum at Madras on >30.08.1994. He, in his exposition, recreates the events bringing out >the resoluteness of our compatriots of Hubli in the following pages. > >The Hubli message is sure to erase every iota of cynicism all >around. We in the VIGIL hope that this booklet would prove to be an >effective tool to that end. > >Shri D.H.Shankara Murthy > >HUBLI is in the news, after the events of 15th August 1994. >Divergent views are expressed about what exactly happened there on >that day. Some people say that the Bharatiya Janata Party is trying >to exploit the happenings on that day for political gains and rouse >the passions of the people. Some others say that the party is trying >to divide the society and make an issue out of a non-issue by taking >the law into its own hands. > >They tend to ask why six precious lives had to be lost in that place >for hoisting the national flag. What is the purpose of hoisting the >national flag at the particular maidan in Hubli? Why did the BJP do >it? Did the BJP do it to gain power? > >Without knowing the history or the background of the whole issue, >one should not jump to conclusions. > >Hubli is the second largest city in Karnataka. It is now a Municipal >Corporation - the Hubli-Dharwar Corporation. The maidan where the >event took place is little more than an acre in area and is situated >in a prime locality where six or seven major roads converge and >where there is always hectic activity. > >The Kittoor Rani Chennamma maidan, now called by some people as the >Idgah maidan has its own history. I would like to draw your >attention to its historical background first, then to the legal >background and thirdly to the history of that land. > >THE HISTORICAL BACKGROUND > >Long back this land belonged to the Basil Mission of Switzerland . >At that time, Hubli was part of the then Bombay Presidency and was >administered by the Governor of Bombay. The city was growing and the >Municipality wanted to have some land for its people to >hold 'jatras' and other public activities. So the Hubli Municipality >acquired this land from the Basil Mission. It became a public place. >Vegetables are sold there in the evenings and from time to time the >people of Hubli held jatras and the political parties also held >public meetings there. As late as the 8th of August 1994, the police >held an exhibition on that land when stolen properties recovered by >them were exhibited. Whenever a political party holds a meeting at >the maidan it hoists its party flag and there have been no >objections to that. That land has always been used for such >purposes. At times some stray cattle and pigs also sleep there. > >THE LEGAL BACKGROUND > >There is an association by name Anjuman-E-lslam which claims lease >hold right on the land. It says that the then Municipality of Hubli >had leased out the land to it for 999 years at the rate of one rupee >per year by way of lease rent. In 1971 this Society obtained a >license from the Hubli Corporation for building a shopping complex >on that piece of land. > >Some of the citizens of Hubli formed themselves into a committee and >filed a Public Interest Litigation in the Munsiff court at Hubli >under suit No.359/1972 against this move on the plea that the >municipality had acquired this land for a particular purpose, namely >to enable the public to use the land for jatras and other activities >and hence that land could not be given away to any person or >organisation. It was also pleaded that the agreement between the >then Municipality and the Anjuman-E-lslam was illegal, and >therefore, it should be quashed. > >The committee further pleaded that the Anjuman-E-lslam should not be >allowed to construct any building on that land. > >In the said suit, Anjuman-E-lslam of Hubli contended that the maidan >had been given to them on lease for 999 years at the rate of Re.1/- >per annum on 14.5.1930 and that they had become the owners of that >maidan by virtue of the land being listed as Wakf property. > >After recording the evidence and hearing both the, parties, it was >decreed by the Munsiff Court on 7.12.1973 that the said maidan was >not Wakf property and that the Anjuman-E-lslam was not in possession >of the said maidan by way of lease. The Court also decreed that the >resolution of 1921 permitting the use of the site by the Anjuman >society for purposes of prayer be allowed but directed that the site >be opened for public use. Thus the verdict of the Court is very >clear. It held that the order passed by the then Government of >Mysore was illegal, ultravires, void and ineffectual. > >Against the judgement and decree of the Munsiff Court, the Anjuman-E- >lslam preferred a regular appeal No.40/1974 in the court of the >Additional Civil Judge, Hubli. The learned Civil Judge confirmed the >judgement and decree of the Munsiff Court on 12.10.1982 on similar >lines. > >Thereafter the Anjuman-E-lslam as well as the Wakf Board preferred a >Regular Second Appeal before the High Court of Karnataka under >Appeal Nos.754/1982 and 1/1983 and challenged both the judgement and >decree passed by the Munsiff Court and the Appellate Court by urging >mainly the following contentions: > >1. The citizens of Hubli have no right to move the court below in >a representative capacity. > >2. The suit tiled is time barred. > >3. The property in question has become the property of Wakf Board. > >The High Court of Karnataka, Bangalore on 18.6.92 dismissed both the >appeals filed by Anjuman-E-lslam and Wakf Board by holding that: > >i) The plaintiffs have the locus standi to institute the case. > >ii) The suit filed by the citizens of Hubli is not time barred >and that the findings arrived at by the Courts below are based on >sound principles of law. > >iii) The property does not belong to Wakf or Anjuman-E-lslam. > >Three salient points become clear from the judgement of High Court >of Karnataka. > >The land belongs to the Corporation of Hubli-Dharwar. So it shall >continue to be public property. Even though the Corporation has a >right over it, it cannot dispose of it as it likes. Suppose the >Corporation, by a majority resolution, were to decide to give away >the land to a person or sell it or construct any building on that >land, it would be held invalid, as it has to follow the procedure of >public notice and to invite the highest bid. The status quo on the >maidan has to be maintained that the maidan is for public use only. >But the ownership of the maidan lies with the Corporation. > >Secondly, the Muslims of Hubli have a right to offer prayers twice a >year on that land. > >Thirdly, the structure which has already come up as the shopping >complex has to be removed. > >While the Additional Civil Judge of Hubli had given 45 days for the >demolition of the structure on the maidan, the Karnataka High Court >decreed that it had to be removed within 15 days. > >It also declared that if the Anjuman-E-lslam society refused to >demolish the structure within the said time , the petitioner would >have the right to demolish it with the help of the police and the >cost of the demolition would be collected from the defendant. > >SUPREME COURT TOO... > >The Anjuman society then went in appeal to the Supreme Court against >the order of the Karnataka High Court. > >The Supreme Court at first refused permission for an appeal stating >that there was no ground for it . On the insistence of the Anjuman >society appealing for accepting its Special Leave Petition (SLP) >fearing the demolition of the structure built by it, the Supreme >Court ordered a stay on one of the operative points of the Karnataka >High Court, namely, the demolition of the structure, till it >disposed of the SLP. But it did not touch the other two operative >parts of the High court judgement, namely, the ownership of the >maidan and the Muslims' right to offer prayers there. > >This meant that the land belonged to the Corporation and was a >public property and that the Muslims could offer prayers there twice >a year. Whatever structure the Anjuman society had built, could not >be demolished till the Supreme Court disposed of the SLP. > >The courts have clearly decreed that there is no dispute. If anyone >says there is a dispute, he is committing a contempt of court. The >legal position that the land belongs to the people and is a public >place is very clear. This is the legal background of the place. > >WHY HOIST THE NATIONAL FLAG ? > >In 1990 certain anti-national elements in Jammu and Kashmir State >rendered several lakhs of Indians homeless and made them become >refugees in their own Motherland. These hapless brethren of ours >continue to be refugees and have languished for the past 4 years in >the forests near Jammu without proper shelter and protection. This >situation has been created by anti-national elements with the >intention of severing Kashmir from India . Unfortunately, even to >this day no serious attempt has been made by the powers that be to >ameliorate the sufferings of these Indians or to effectively curb >the anti-nationals in that State. These anti-nationals hoisted the >national flag of Pakistan in Lal Chowk of Srinagar, thus posing a >challenge to Indians and to the unity and integrity of Bharat. These >anti-nationals also dared any Indian to remove the Pakistani flag >and hoist the national flag in that very place. That was in 1991. > >Dr.Murli Manohar Joshi, the then President of the Bharatiya Janata >Party accepted the challenge of these anti-nationals, And to make >the Indian people aware of the gravest situation prevailing in the >state of Jammu and Kashmir, he toured length and breadth of our >motherland and proceeded to Srinagar to hoist the national flag and >to uphold the dignity of our country. In the beginning he was >prevented by the Government and later having realized that Dr.Murli >Manohar Joshi could not be prevented from hoisting the national flag >at Lal Chowk in Srinagar, the Government of India allowed him to >hoist the national flag there on 26.1.1992. > >Dr.Murli Manohar Joshi had given a call earlier to all Indians to >hoist the national flag at all possible places in the country on >that day. In pursuance of the said call, the citizens of Hubli >decided to hoist the national flag at Kittoor Rani Chennamma maidan, >now called by some people as the Idgah Maidan. At that point of >time, the then Congress Chief Minister of State of Karnataka >Sri.S.Bangarappa issued instructions to the police to thwart the >attempts of the citizens of Hubli to hoist the national flag in the >maidan on the specious argument that it may hurt the feelings of >minorities. Hoisting the national flag at any public place in our >country is not a crime nor can one presume that it will hurt the >feelings of the minorities. On 26.1.1992 when the national flag was >hoisted in the maidan, the police, at the instance of the then Chief >Minister of Karnataka Sri.S.Bangarappa, removed the flag, tore it to >pieces and even had some unruly people dance over that. > >NATIONAL HONOURS PROTECTION ACT > >An act was passed in 1971 titled the National Honours Protection >act. As per the provisions of this act, a public place is any place >within the reach of the public. The act also stipulates that if >anyone prevents the hoisting of the national flag in any public >place on Independence day or Republic day, he is liable to be >punished with imprisonment up to 3 years. > >Until January 26,1992 there was no dispute about the National flag >and the maidan in Hubli. The two were not related. A legal battle >was going on in the Courts only. But after January 26, 1992 when the >police brought down the national flag, the citizens of Hubli formed >a committee -The Rashtra Dhwaja Rakshana Samiti- resolving to hoist >the national flag there on August 15 since it was a public place. >The Government once again objected to that and deployed police in >good number to prevent the hoisting of the national flag. But our >party cadre was present there. An old lady with her grand daughter >sneaked into the maidan with a stick in hand. She draped the >national flag on to her stick and fixed it on the maidan. She also >began singing the national anthem. The police rushed there, dragged >the old lady away, removed the flag, and tore it to pieces. The >little grand daughter of the old lady was literally thrown out of >the maidan. This happened on August 15,1992. > >Then came January 26, 1993. Again the people of Hubli decided to >hoist the national flag at the maidan and they were able to do it >despite the heavy police bandobust. But some of our young people >were beaten up by the police and as usual the police seized the flag >and threw it away. > >Again on August 15, 1993, the Government declared that it would not >allow the hoisting of the national flag at the maidan at any cost. >They deployed the military, the Border Security Force and the >Mahratta regiment too. There was also the usual police pickets. > >As a legislator I raised a question in the Karnataka Legislative >Council as to how much the government had spent to prevent the >people of Hubli from hoisting the national flag at the Hubli maidan. >You might be surprised to know that the answer was that the >Government had spent Rs.3.4 crores to prevent the people of Hubli >from hoisting the national flag and to remove the flag which was >hoisted by the people of that town. > >Came January 26, 1994. The government became more adamant this time. >It camped a huge police force and also clamped down curfew. No one >was allowed to come out of their houses. Thousands of our workers >were arrested and innocent people were harassed and beaten up. Many >of them were jailed for two or three days so as to prevent them from >hoisting the national flag. Even the 75 year old retired Director >General of Police of Karnataka, Mr.Veerabadrayya, who went to hoist >the flag at Hubli Maidan was arrested and incarcerated in the >Beigaum jail. > >Sri.L.K.Advani who had come to Karnataka on his tour came to know of >these events in greater detail. He was shocked. He said that since >it was a public place the hoisting of the flag cannot be stopped. He >also went through all the records before giving this call to the >people at a public meeting. > >When Mr.Sikhandar Bakht, Leader of the Opposition, Rajyasabha, came >to Hubli he heard about this and said that it was tyrannical of the >government to prevent the hoisting of the national flag and that he >would come himself that year to hoist the national flag. > >When Ms.Uma Bharati of the BJP came to Hubli and heard about the >episode, she gave a call to the people to go and hoist the flag. "If >you like, I shall come myself and hoist the flag" she declared. > >We, therefore started to prepare for the event systematically. You >might be surprised to know that several days prior to August 15, >public appeals were made to the effect that neither BJP nor the >samithi is very particular as to hoisting the flag by themselves. >They would be happy and extend co-operation even if the national >duty is performed by any person including the office-bearers of the >Anjuman society or government authorities. Subsequently a delegation >went to the Governor of Karnataka Mr.Khurshid Alam Khan and >submitted a memorandum to him stating that the attitude of the State >Government was improper, illegal, unconstitutional and anti- >national. The delegation urged him to come and hoist the flag at the >maidan on behalf of the people of Hubli along with the President of >the Anjuman-E-lslam. When there was no response, we requested >Mr.Veerappa Moily, the Chief Minister of Karnataka to hoist the flag >but in vain. We asked several other authorities. But none came >forward to hoist the national flag at the Hubli maidan on August >15,1994. > >The British often used to say when the Independence movement gained >momentum, that India was a poor country and that many things were to >be done. It was , therefore, the burden of the White man to rule the >people and therefore why should you fight for Independence? Fight >for your food, water, education. This was the specious argument of >the British. This is the same argument that is being put forth >today. Why should the BJP make the hoisting of the national flag a >prestige issue? Many of our people have laid down their lives for >the Vande Mataram, for Bharat. The same situation prevails at the >Hubli maidan today, 50 years after Independence. So naturally we >were trying to persuade the government, the Chief Minister, and >others on this matter. We also began mobilizing the people. We >declared that the time had come to hoist the flag at the Hubli >maidan at any cost, even at the cost of our lives. > >WHAT HAPPENED ON 15-08-1994? > >We started mobilising the people as I mentioned earlier. We >conducted padayatras throughout Karnataka. BJP leaders went round >the state and addressed public meetings to explain the significance >and the necessity of hoisting the national flag at Hubli maidan on >the ensuing August 15th 1994. > >Thousands of young people and college students throughout Karnataka >came forward and offered to participate. But the Karnataka >government took a decision not to allow anyone to enter Hubli from >August 12 onwards until Independence day They started arresting us >in our home towns. But several people gave the slip and reached >Hubli. I was also wanted by the police. Somehow I reached Hubli. >Thousands of BJP workers were arrested. To arrest our workers the >police adopted even un-ethical means. For example, in Shimoga the >DSP announced that he was going to assemble a peace committee. But >my friends who were taken in by the ruse and who went to the peace >committee were all taken into preventive custody. > >On August 15,1994, Mr.Sikhandar Bakht who had an appointment with >the Governor of Karnataka and also meet the press was arrested even >before he could step out of the aircraft at Bangalore airport. The >police arrested him and also those of our cadre who went to the >airport to receive Mr.Bakht. > >The government declared that it would not allow Ms.Uma Bharathi to >enter Hubli .The government had clamped a curfew on that city two >days before the event. > >And yet 6,000 BJP workers entered Hubli and they were given shelter >in about 2,000 to 2,500 houses. People gave them food. We told them >that we were from the RSS and BJP and asked them if they would >accommodate us. I am happy to say that there was not a single >refusal to shelter us. > >Ms.Uma Bharathi also reached Hubli giving the slip to the police. >She even addressed a press conference in Hubli and the police were >surprised the next day to see her photograph appearing in the >newspapers. > >We had our own strategies for hoisting the flag. We publicly >announced that thousands of us will surface in the maidan at 11.30 >in the morning in spite of the curfew and para-military forces, >Mahratta regiment, Rapid Action Force etc. and hoist the flag at the >maidan at 12 noon. Posters were pasted and hand bills distributed. > >Of course, it was a war of wits. The challenge was whether the BJP >could hoist the national flag on that day at the maidan. The >Government used all foul means to see that the programme of >unfurling the national flag in the maidan on Independence Day was >foiled. The Government media was misused and a falsehood was >propagated that the maidan was Wakf property and if the national >flag was hoisted there, there would be bloodshed and so on and so >forth. > >The Government used the police force to arrest the activists of BJP >and to prevent them from reaching Hubli as planned. > >We had trained 90 of our young men to break the police cordon, enter >the maidan and hoist the national flag. As already mentioned the >maidan is in the heart of the city of Hubli . All surrounding >buildings were searched by the police and made "sterile". But we >managed to gain entry and bring 90 youths two days prior to the >event and housed them in the surrounding buildings. For two days the >youths lived only on bread and water. Since it was a shopping area, >there were no toilet facilities and we provided them with plastic >bags for their ablutions. > >At 6.20 a.m. on August 15, from one corner a group of 20 youth >managed to come out of the buildings and began raising the >slogan, "Bharat Mata Ki Jai". The police swooped on them and beat >them up. Many were injured. The next batch of 20 youths immediately >rushed out of the buildings from another corner and entered the >maidan carrying the national flag and forged ahead shouting "Vande >Mataram". It was precisely at 6.47 a.m that the national flag was >hoisted at the maidan by two of our workers. They were also beaten >up mercilessly and taken into custody. Subsequently the police DIG >went round the buildings with his force, searched them and seized >two of our video cameras. > >But one of our photographers who was 300 metres away in a building >on its third floor fixed the camera and took some photographs of the >happenings in the maidan. Unfortunately they are hazy but we do >have the photographs. One can see what exactly happened in the >photograph. Our friend Ramesh was running, carrying the national >flag atop in the maidan . We succeeded in hoisting the national flag. > >POLICE FIRING > >No cases have been fled against the arrested persons till today, >why?. It is because if a case is filed, the court would say that >these persons will have to,, be punished for defying the curfew. In >that case the government has to admit that it was incapable of >enforcing the curfew. > >We had hoisted the national flag. So we decided to celebrate the >Vijay Utsav on the same day at 11.30 a.m by going to different parts >of Hubli, in groups. One group was to be led by our state President >and another was to be addressed by the State Secretary. The third >was to be addressed by Mr.Yaduyurappa and myself and the fourth by >Ms.Uma Bharati. > >Though the curfew continued to be in force in the city, thousands of >people came exactly at 11.30 a.m, not knowing that the flag had >already been hoisted. Wherever we addressed them, we told them that >the flag was hoisted and that they should disperse now. People were >very happy and started dispersing. Suddenly one policeman came out >from a police van and started to beat me and Mr.Yaduyurappa. I do >not know what provoked them to make the lathi charge, though we >explained to the police that we were not going to the maidan. They >dragged us to the van and took us to the hospital. Ms Uma Bharati >was also arrested. After the meetings were over, people began to >disperse, About 60 to 80 of them were returning to their houses from >a meeting place which is in a middle class locality called >Deshpande nagar which is 2 kms away from the maidan. A few ladies >and children were standing outside their homes. Suddenly a KSRTC bus >carrying policemen came there and stopped. Policemen got >out of it and started firing indiscriminately. No reasons were given >for opening fire and no obligatory warning was given before the >shooting. Four persons were killed on the spot and nearly 20 were >injured. This happened 2 kilometers away from the maidan. Women and >children were injured and a small boy who was playing with his >sister was killed in front of his house. > >Now the question is," Why should the police resort to firing >resulting in the killings? ". The incidents happened around 12.20 >p.m. The police opened fire, killed and dragged away four of them >who had died in the firing. > >The injured were taken to the Karnataka Medical College Hospital. >People assembled in front of the hospital around 4.30 p.m. to see >the dead and the injured. There too the police started firing. As an >inpatient of the hospital I heard the sound of firing by the police. >One person was killed in that round of firing. > >Five people were killed needlessly on August 15th and now the >government has the audacity to say that we wanted to hoist the flag >at the maidan to create a tamasha which resulted in the death of >five persons and hence were responsible for the incidents. > >But what is the truth? Who killed these people? Was there any >provocation? Was there any tension? There are certain stipulations >before the police can open fire. The police have to first lathi >charge, then burst teargas shells , then announce over the >megaphones that if people do not clear off, they would have to >resort to firing. The police did not follow these procedures. They >simply alighted from the bus and began opening fire all of a sudden. >First four persons died and later one more died in front of the >hospital. > >The .whole of Karnataka observed a bandh on August 17 to voice their >protest against the killings of innocent people in Hubli on the 15th >of August. The BJP organised public meetings to condemn the police >firing and killing. After one such meeting the people were going >back home when suddenly a sound of firing was heard; One person >died. The Union Minister Rajesh Pilot says that it was an accident. >Would anybody believe it? The meeting was over and people were going >back. There was no shouting and yet one person was killed by the >police. I hope all of you understand the gravity of the situation . > >I hold the Karnataka Chief Minister Mr.Veerappa Moily to be >responsible for all this. This then is the truth of the events at >Hubli on August 15,1994. > >The flag hoisting at Hubli is not an election oriented issue and we >do not want to turn it into a vote bank exercise. On the other hand, >the Congress and other political parties are trying to make it an >election issue by telling the Muslims that they will not be safe in >the hands of the BJP. Let us say for argument's sake that the maidan >belongs to the Muslims. Why should anyone say that the national flag >should not be hoisted on this maidan simply because of that. We are >thus trying to push the Muslims away from the national mainstream >telling them that they have nothing to do with India, that they have >nothing to do with the Tri-colour, that they have nothing to do with >the 'Vande Mataram', that they have nothing to do with 'Jana Gana >Mana', that they have nothing to do with our constitution. These >then are the wider implications of saying that the national flag >should not be hoisted at the maidan even assuming that it belongs to >the Muslim trust. > >THE MESSAGE > >The message of Hubli is that the unity and integrity of this country >shall not be compromised. Ours is one country; one people; one >nation, one culture. > > > > >------------------------------- >This message was sent using IMP, the Internet Messaging Program. > > _______________ Express yourself instantly with MSN Messenger! Download today - it's FREE! hthttp://messenger.msn.click-url.com/go/onm00200471ave/direct/01/ Quote Link to comment Share on other sites More sharing options...
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