Zakaf Foundation of India, an NGO, headed by Dr. Syed Zafar Mahmood, IRS, former OSD of Justice Rajendar Sachchar Committee, has petitioned to Election Commission of India to de-recognize Samajwadi Party as a political party for violation of constitutional obligations. ZFI also wanted general masses to support the demand. The letter to ECI in full:
ZFI/ND/MuzDPs/2013-14. 09 January 2014
The Chief Election Commissioner of India
Sub: Request for cancellation of Samajwadi Party's
registration u/s 29A of Representation of the People
In violation of section 29A(5) of the Representation of the People Act 1951, since Sept 2013 in Muzaffarnagar and Shamli districts, the Government of Samajwadi Party in Uttar Pradesh and the party itself has deliberately and miserably failed to bear true faith and allegiance to (a) the Constitution of India as by law establishedand (b) the constitutional principles of socialism, secularism and democracy and (c) has failed to uphold the unity of India. The Samajwadi Party & its government in UP have failed to protect the life and property of a large number of citizens. Theyhave not taken the required welfare measures for tens of thousands of displaced people. Human interests of more than 50,000 persons have been ignored and sacrificed at the alter ofprotecting the party's political advantage in the upcoming Lok Sabha elections. Consequently, these poor souls have been pushed into deprivation, poverty, ignorance, disease and inequality of opportunity. For them even every educational opportunity has been lost. Because of displacement their religious freedom has been badly curtailed. They had to forgo the celebration of their religious, cultural and family festivals like Eid-al-Azha, Moharram, Birthday of Prophet (pbuh). The dates of these festivals went by while these victims have been staying in the refugee camps. The constitutionally guaranteed opportunity to seek justice has been denied to them. They are victims of religious intolerance. Their places of worship have been desecrated and damaged. They are not able to vote because of displacement from their homes. Their fundamental rights have been denied to them. They cannot participate freely and fully in the life of their society. This has badly hit their right to participate in political collectivism which is the hallmark of democracy. Thus they have no say in the decisions that affect their lives.
2. Therefore, we would request that the registration of Samajwadi Party under section 29A of the Representation of People Act may please be cancelled.
3. In this regard, Sir, it is useful to recapitulate the meanings of Socialism, Secularism and Democracy. As per the Hon'ble Supreme Court, socialism means "welfare measures for the citizens. It is a facet of democracy,"(Three-judge Bench headed by Chief Justice, PIL filed by Kolkatta-based NGO Good Governance India Foundation, 2009).
4. Much earlier, in the “Economic Review” of 15 August 1958, Pandit Nehru wrote an article. He observed:"We talk of the good of society. Is this something apart from and transcending the good of the individuals comprising it? If the individual is ignored and sacrificed for what is considered the good of the society, is that the right objective to have?”
5. Supreme Court judgments have reaffirmed on many occasions that socialism aims to end poverty, ignorance, disease and inequality of opportunity' (Secretary HSEB v. Suresh) and that it aims at providing all opportunities for pursuing the educational activity' (DS Nakar v. Union of India).
6. Prof Rajiv Dhawan'c celebrated analysis of constitutional secularism disaggregads Indian secularism into three components: (a) 'Religious freedom'covering religious beliefs, rituals and practices; (b) 'Celebratory neutrality' entails state assistance in the celebration of all faiths; and (c) 'Reformatory justice' involves regulating and reforming religious institutions and practices, setting aside some core practices that are beyond regulation.
7. The. Hon'ble Supreme Court held in the Bommai judgement (AIR 1994 SC 1918): Religious tolerance and equal treatment of all religious groups and protection of their life and property and their places of worship are an essential part of secularism enshrined in our constitution. Secularism is essential for the unity of the country.
8. Likewise, we are aware that Democracy is a form of government in which all the eligible people choose leaders by voting. It is an organization or situation in which everyone is treated equally and has equal rights. The basic feature of democracy is the capacity of all voters to participate freely and fully in the life of their society. With its emphasis on notions of social contract and the collective will of all the voters, democracy can also be characterized as a form of political collectivism because it is defined as a form of government in which all eligible citizens have an equal say in the decisions that affect their lives.
9. Since Sept 2013 the Samajwadi Party government of Uttar Pradesh has miserably failed in the Muzaffarnagar and Shamli districts on all the above mentioned fronts. On 8 Jan 2014 the UP Minister in-charge of Muzaffarnagar & Shamli left for abroad for a study tour. And, same day, the President of Samajwadi Party left for his village to celebrate, dance and sing in the winter festivities with invited film stars while since Sept 2013 he didn't go even once to the relief camps in Muzaffarnagar and Shamli to be helpful to them. For this purpose kindly peruse the following reports which are only a specimen of the print and electronic media reports of the happenings since Sept. 2013. Also, kindly look at the videos at zakatIndia.org where the victims have narrated the cruelties that they went through.
1. UP: SP MLAs party, go on 'study tour'; riot victims suffer, face FIRs
IBN Live, 09 Dec 2014
2. Muzaffarnagar riot-victims refuse to vacate Shamli camp (The Hindu, 05 January 2014)
3. Muzaffarnagar riots: Arrest warrant against camp organizer
(Zee News, 05 January 2014)
4. Shamli authorities start evacuation from relief camps
(Zee News, 03 January 2014)
5. Muzaffarnagar horror: Kids die of cold in relief camps
(NDTV, 03 Dec 2013)
6. One night at a relief camp in Shamli
(NDTV, 14 Dec 2013)
7. 11 children have died in relief camps, says Muzaffarnagar DM
Times of India (PTI) 14 Dec 2013
8. Three youngsters rape minor girl in Shamli
(IBN Live, 22 Dec 2013)
9. Relief camps in riot-hit UP districts in appalling condition: NHRC
(IBN live, 22 Oct 2013)
10. Muzaffarnagar riot victims refuse to vacate Shamli camp
(Deccan Herald, 09 Jan 2014)
11. Muzaffarnagar riot victims refuse to vacate Shamli camp
(post.jagran.com, 9 January 2014)
12. Muzaffarnagar riots: nearly 6000 names, 294 arrested; no arrests in rape cases yet
(NDTV, 01 January 2914)
13. Muzaffarnagar : Months after riots gangraoed women await justice
(IBN Live, 02 January 2914)
14. UP turns its back on Muzaffarnagar gangrape victims
(Hindustan Times, 04 Dec 2014)
15. Riot victim at Muzaffarnagar relief camp raped by two youths
(Times of India, 03 Nov 2013)
16. 'They gang-raped my daughters in front of my eyes'; Muzaffarnagar riots victims too afraid to report to police
(Daily Bhaskar, 16 Sept 2013)
17. A Village in Muzaffarnagar Recounts Rapes and Murder
By Pomposh Raina (New York Times, September 30, 2013
18. The silence of Muzaffarnagar
(Asian Age, Shiv Viswanath, 31 Dec 2013)
We would, therefore, earnestly urge you to kindly cancel, with immediate effect, the registration of Samajwadi Party under section 29A of the Representation of People Act.
Looking forward with regards,
For Zakat Foundation of India