Subject: LEGAL NOTICE TO SH. DIGVIJAY SINGH

Subject: LEGAL NOTICE TO SH. DIGVIJAY SINGH

Monika Arora 337, Lawyers Chambers

Advocate Delhi High Court

Supreme Court of India New Delhi



Regd. Post/AD

Dated: 14.12.2010

Sh. Digvijay Singh,

(Ex-Chief Minister of Madhya Pradesh)

General Secretary

All India Congress Committee,

24, Akbar Road

New Delhi 110001



LEGAL NOTICE



Upon instructions from, for and on behalf of my clients Sh. Indu Bhushan S/o Sh. Bhola Nath, R/o 9/18-A, Vijay Nagar, Double Story, Delhi and Sh. Ripu Daman Bhardwaj, S/o Sh. Anand Bhardwaj, R/o B-45, Retreat Apartment, 20 I.P. Extension, Patparganj, Delhi-110092, I am constrained to sent you this legal notice:



1. That my clients have read the statements of YOU NOTICEE which had appeared on 11.12.2010, 12.12.2010 and 13.12.2010 in various Indian Newspapers including Pioneer, Dainik Jagran, Hindu, Times of India, Hindustan Times, Punjab Kesri and other National Newspapers in which you have raked up the controversy over slain Mumbai ATS Chief Hemant Karkare’s death by suggesting the involvement of Hindu Extremists.



These statements have also been prominently noticed in nearly the entire visual media as well.



2. That on Saturday 11.12.2010, YOU NOTICEE had claimed that ATS Chief Hemant Karkare had called you up hours before the most unfortunate 26/11 terror strikes in Mumbai saying that he feared for his safety from Hindu Extremists. Your assertion and the timing of it shocked all right thinking people. That on Saturday itself, YOU NOTICEE effected by design made a u-turn in your statement saying that it was you who called up Hemant Karkare and not the other way round.



3. That according to the statements of YOU NOTICEE which got published in several Hindi and English Newspapers YOU NOTICEE had information that some people were questioning Late Sh. Hemant Karkare’s integrity and that he was little depressed about this.



4. That on December 12, 2010, Sunday, a shattered Smt. Kavita Karkare, ATS Chief Hemant Karkare’s widow by way of reaction to your irresponsible unpatriotic statements spoke to media persons and stated that your statements regarding involvement of Hindu Extremist Organizations in the killing of her husband Hemant Karkare was a big lie and she even advised you to stop playing vote bank politics.



5. That she further stated that “Hindu Organizations had nothing to do with my husband’s death. He died while battling Pakistani terrorists and in the process he sacrificed his life for the country. Singh’s statement is baseless. I don’t agree with his claims about my husband. He is making use of my late husband’s name for political reasons. He has not spoken even once to the families of the police officers Martyred in 26/11 attack”.



She further pleaded that “such statements will mislead people and benefit Pakistan. Mockery of my husband’s sacrifice for political gain should stop”.



She further said that “when my husband was investigating the Malegaon blast and was looking for Hindu Accused, there were reactions from Hindu Organizations. Similarly, when earlier he was looking for Muslim accused, there were reactions from that community and further said such reactions were natural”.



6. The widow of ATS Chief Hemant Karkare further charged YOU NOTICEE of playing vote-bank politics and she further denied any conversation had taken place between her husband and YOU NOTICEE as claimed by you. That according to the reports published in media, even the Mumbai Police has stated that the call records of Hemant Karkare prove otherwise.



7. That apart from the widow of the slain Mumbai ATS Chief Hemant Karkare, your irresponsible anti-patriotic statements invited strong reactions and opposition from the political parties including the BJP, the Shiv Sena and others as also various Hindu Organizations and well meaning national minded persons.



8. That your aforesaid baseless statements have given a serious blow to the country’s fight against terror and investigation into the 26/11 terrorist attack case. By your conduct and act, YOU NOTICEE has torpedoed the stand over the 26/11 terrorist attack. Those employing terror machine against our nation are overjoyed at your stand as YOU NOTICEE have given the terrorists and anti-national forces a formidable weapon to weaken our fight against terror. The stand of the Government and the series of dossiers sent by it to Pakistan and others have suffered staggering blow due to your unwholesome actions. It is indeed a painful situation that you chose to sacrifice prime national interest for petty vote bank politics.



The terrorists from across the border and their patrons are going to be encouraged in their sinister designs by statements given by YOU NOTICEE. Your conduct will give leverage to anti-Indian and terrorist elements like Taliban, Let and the ISI who have been repeatedly stating that they were being framed in 26/11 terrorist attack in Mumbai.



In a sense, YOU NOTICEE has acted as the spokesperson of these anti-India outfits by espousing their cause. Thus your statements have emboldened the terrorists and anti-India forces.



9. That it is not the first time that you have engaged in deliberate spread of hatred and poison against Hindus, Hindu Organizations as also Hindu Community at large with a view to generate a vote bank for your party with the minority community. In September 2008 you raised the issue of Saffron Terror and you had also written about it to the Prime Minister Manmohan Singh. In doing so you outraged the essence of Hinduism. Your actions generated deep anguish in the Hindu minds. That your statement had earned criticism from various quarters and a show-cause notice from the Election Commission of India was also issued to YOU NOTICEE.



Further use of the word Hindu Terror invited response from the spokesman of your own Congress Party, Sh. Janardhan Dwivedi clarifying that “terrorism does not have any color other than black”.



10. That your ill-designed, irresponsible remarks that are bereft of any basis whatsoever are actuated by malice against the Hindus and their religion. These are a deliberate attempt to defame, derogate, insult and lower the esteem and reputation of the Hindu Community in general and aimed at appeasing the Muslim Community in particular in order to get their vote and support in your Political career as well as elections.



11. That YOU NOTICEE has deliberately made a number of such unpatriotic, anti-Hindu statements in the past also:



i. YOU NOTICEE had termed the Batla House encounter as a fake encounter and questioned the credibility of the slain Martyr Inspector Mohan Chand Sharma and also went to meet the families of the terrorists in Azamgarh.



ii. YOU NOTICEE was at logger heads with the Home Minster Sh. P. Chidambaram on Counter-Maoist strategy and opposed the use of force against them and said Maoists could not be equated with terrorists.



iii. YOU NOTICEE accused Hindu Organizations of being involved in the Jhabua nuns’s rape case. A Jhabua court issued a warrant against YOU NOTICEE for your alleged remarks which was cancelled after you appeared in person in the court and furnished a surety bond of Rs.5000.



12. That YOU NOTICEE has indulged in vote-bank politics by deliberately denigrating the Hindu community. In the process, YOU NOTICEE even acted to the detriment of national security. That a number of political parties have questioned your silence for over two years before you disclosed about your alleged private conversation with Hemant Karkare just before the 26/11 terror attack in Mumbai in 2008. That it has also been questioned that you were neither Union Home Minister nor Union Home Secretary to whom Hemant Karkare could have expressed apprehension about fear to his life.



13. That it has been stated by some that you are frustrated at being marginalized in your own party and have been advised not to take revenge against the nation and against those who lost their lives in terror attacks and also against the country’s communal harmony.



That it has also been stated by some that the Ministers of the Congress led UPA government have been facing corruption charges from all directions and hence you are trying to divert the attention of the entire country by coming up with such frivolous and sensational allegations.



That however it seems that there is a tacit understanding and support to you from the ruling Congress Party which has not given any statement against your anti-national, unpatriotic and mischievous statements aimed at creating communal disharmony between various religions and classes of the society.



14. That by deliberately misstating and distorting the facts, YOU NOTICEE is extending assistance to anti-India terror machines in Pakistan. Your actions weaken India’s case against terrorism and are affront to all nationalistic forces in general and Hindus in particular.



15. That in the past a senior leader of the Congress Party, AR Antulay had also made out of anti-Hindu design such irresponsible statements which were condemned by various political parties and Hindu Organizations.



16. That there is a strong objection to the unfortunate and shameful manner in which you have been targeting and defaming Hindus as a community and coining and using words like Hindu Terror, Saffron Terror, Hindu Extremists, Hindu Terrorist Organization etc. That you have been engaged in this nefarious activity in a sustained manner in order to advance your vote-bank politics.



17. That Article 25 of the Constitution of India gives all persons right to freedom of religion including freedom of conscience and free profession, practice and propagation of religion which is subject to public order, morality and health.



The aforesaid freedom guaranteed to all persons does not include right to insult and repudiate other religions.



That Article 21 of the Constitution of India gives to all persons the most cherished Right to Life which is right to live with dignity and not just animal existence and hence includes right to reputation as has been reiterated in a catena of judgments by the Hon’ble Supreme Court of India. That this right to reputation has been most brazenly violated by YOU NOTICEE.



18. That by using the aforesaid defamatory, derogatory, insulting words and by making malicious, baseless statements against the Hindu community and nationalistic forces, YOU NOTICEE are deliberately creating a negative and wrong impression about the Hindu Religion which is one of the most ancient religion of the world.



That the Hindu religion is not only a religion but a way of life. The basic principles of Hinduism include Vasudhaiva Kutumbakam (the world is one family) and Ekam Sad Vipra Bahudha Vadyanti (All paths lead to the same God).



That by using the derogatory word “terror” as a suffix to this ancient religion practiced by millions of people throughout the world and especially in India, YOU NOTICEE are not only deliberately misrepresenting but also repudiating and defaming this great religion which is known for its tolerance, magnanimity and peaceful coexistence with other religions of the world including Islam, Christianity, etc. That Hinduism believes that all paths lead to one God and hence ensures equal treatment even to those who follow different paths of worship.



That Hinduism does not preach, violence and hatred against non-Hindus.



That by linking the word Hindu with terrorism, you are branding every person who professes and propagates Hindu religion as an agent and exporter of terror, thereby defaming and derogating an entire community.



19. That if certain fringe elements who happen to be Hindus resorts to violent and aggressive activities then those offenders should be dealt with in accordance with the established law of the land. That due to the terror activities of certain people, it is wrong to brand an entire religion or an ideology or a philosophy to be engaged in terrorist activities.



20. That the aforementioned statements used in connection with the Hindu Religion are extremely derogatory, defamatory and insulting to the Hindus.



21. That YOU NOTICEE have been in public life for a long time and have held various posts of responsibility including being the Chief Minister of Madhya Pradesh and also presently the General Secretary of All India Congress Committee, the party leading the Coalition Government at the Centre.



That despite being in public life for long time and holding a constitutional post, the offence of YOU NOTICEE becomes graver in your intentionally, deliberately and maliciously making the abovementioned statements/charges knowing fully well that they have the tendency to severely hurt the emotions of the people professing the aforesaid religion.



22. That United Nations General Assembly has condemned terrorist acts using the following political description of terrorism:



“Criminal acts intended or calculated to provoke a state of terror in the general public, a group of persons of particular persons for political purposes are in any circumstance unjustifiable, whatever the considerations of a political, philosophical, ideological, racial, ethnic, religious or any other nature that may be invoked to justify them.”



That even the United Nations has defined terrorism as a criminal act with the intention to provoke terror among the masses in general irrespective of any religion.



That by making the aforesaid statements regarding a case which is of national importance and in which the Mumbai ATS Chief was killed by the terrorists and which is being investigated, you have unlawfully, unethically, immorally, maliciously tried to influence the ongoing investigation into the matter.

YOU NOTICEE have intentionally, deliberately and maliciously by distorting facts and with reckless indifference tried to outrage the religious feelings of the Hindus who follow this great religion and get inspired from the ethos, morals, values and principles of this ancient religion.



23. That YOU NOTICEE have thus wantonly indulged in an unlawful and criminal act by connecting and associating Hindu Religion with terrorism and thereby have tried to provoke people at large intending and knowing that it may cause rioting.



24. That YOU NOTICEE have done an act which has the potential of creating and promoting enmity between different groups on the ground of religion and thus have done an act prejudicial to maintenance of communal harmony and public order.



25. That YOU NOTICEE have deliberately and maliciously intended to outrage religious feelings of Hindus by insulting their religion and wounded their religious beliefs.



26. That the above said acts of YOU NOTICEE constitute offences punishable under the provisions of Sections 153, 153A, 295A, 298, 505(2) of Indian Penal Code (IPC) as well as under various other provisions of law.

In the aforesaid premise, you are hereby called upon to tender an unconditional apology to the nation, the families of the patriots who became Martyrs fighting the cross-border terrorists and also the Hindu Community and to withdraw the aforesaid reckless and irresponsible statements with an undertaking not to use such derogatory and offending words in future, failing which I, on behalf of my clients, will be constrained to initiate appropriate legal action against you at your own risk, cost and consequences.

Copy of the notice is being kept in my office for further reference.



Monika Arora