From the Tamil Nation Monthly, 15
August 1991
Tamil Nation has called for the immediate
release of Mr.Subramaniam Sivanayagam, who has been
detained without trial under the Indian National
SecurityAct. Mr.Sivanayagam has functioned as the
Editor of the Tamil Nation since its start in
September last year.
On July 18, at about 9.30 p.m., a policeparty
visited Mr.Sivanayagam's simple two room flat in
Besant Nagar. He lived there with his wife and two
daughters. The police officials informed
Mr.Sivanayagam that he was being taken in for
questioning. They said nothing about the National
Security Act. Mr. Sivanayagam accompanied the
police officers in the belief that he would be back
home, later that night. He did not even take a
change of clothes.
Mr.Sivanayagam whose health had been of
increasing concern during recent months, and who
needs regular medication, was forced to spend the
night in the Mylapore Police Station. Mr.Kuhadasan
who assisted Mr.Sivanayagam in his work at the
Tamil Nation was also taken into custody.
Neither of them were released even on the
following day. Instead, on the July 19,
Mr.Sivanayagam was taken from Mylapore to the Adyar
Police Station again in the night, this time at
about 9 p.m..
On July 20, for the first time, he was taken
before the Saidpet Magistrates Court at about 4
p.m. and from there to the Central Jail. July 21
was a public holiday and a bail application was
filed in the Magistrates Court on July 22.
Mr. Sivanayagam, manacled, being taken to Madras
Court House
It appears that it was whilst the bail
application was pending, that the authorities
belatedly decided to act under the National
Security Act - an Act which enables an individual
to be detained without charges being framed for a
maximum period of 12 months.
What are the grounds on which the Indian
authorities have decided to incarcerate a
journalist with Mr.Sivanayagam's unsullied
reputation for integrity and honesty, and separate
him from his wife and children? If the decision was
made on the ground of 'national security' when was
it made? Was it made after the bail application was
filed or before?
Strangely, a police press note issued on
Saturday July 19 made no mention of 'national
security'. The press note which was published in
the Madras Hindu stated that two Sri Lankan Tamils,
Sivanayagam and Kuhadasan, were arrested from
separate houses for reportedly staying without
valid documents.
The note added: "Following a search in the two
premises, police recovered Rs.16,000 in cash, 300
US Dollars and eight copies of Tamil Nation - an
English newspaper published clandestinely here in
contravention of the Press and Registration of
Books Act and announcing that the newspaper was
published in London - besides connected
material."
Let us examine each of these allegations with
care and ask ourselves whether that which the
Indian authorities allege stands up to reason.
It cannot be the case for the Indian authorities
that a man may be taken from his home, late at
night and detained in a police station because he
had three miserable US $100 notes in his flat - a
gift which a recent visitor had given
Mr.Sivanayagam in recognition of his outstanding
and fearless contributions as a journalist.
But is it the position that Mr.Sivanayagam
should be arrested because he was an over stayer?
But then, it is well known that thousands of Tamils
from Sri Lanka have been permitted to stay 'without
valid documents'.
Again, surely, the Indian authorities have been
well aware for a number of years that Mr.
Sivanayagam was a Tamil from Sri Lanka without
valid documents. After all, what sort of documents
do the Indian authorities expect from a journalist
who fled with his wife and two children from the
wrath of the Sri Lankan Government? It was only the
other day, that Mr.Sivanayagam cheerfully joked on
the phone that he was a well known Kallathoni - so
well known that he even had a registered telephone!
But behind the joke was the grim reality that this
honest human, who is today in his late fifties,
left his home in Jaffna in 1983, in a boat, with
his wife and children to Tamil Nadu where he hoped
that he may live with a measure of dignity and some
security.
Or is it the case for the Indian authorities
that Mr.Sivanayagam was arrested because he had not
complied with the latest request of the Tamil Nadu
government that Sri Lankan Tamil refugees should
register themselves with the State authorities?
The purpose of such registration was presumably
to identify those who were Sri Lankan Tamils.
Unless this recent measure was intended to harass
and intimidate, then surely it could not have been
the intention that Tamils who were known to the
state authorities to be from Sri Lanka, should
register again. Mr. Sivanayagam was such a well
known figure, that it is laughable that he should
be arrested and held in custody without bail,
because he had not complied with the latest of a
number of requests to register.
Or is it the suggestion that Mr.Sivanayagam
should be arrested because he was editing a
'clandestine' publication. But what was
'clandestine' about the Tamil Nation? It was
printed and edited in Madras quite openly. It was
published in the United Kingdom - againquiteopenly.
Mr.Sivanayagam as the Editor, interacted openly
with a large cross section of persons from all
walks of life in Madras. It was not so long ago, on
March 28, that the prestigious Madras Hindu
reported on a Seminar organised by the Centre for
South-East Asian Studies, the Madras University,
the Madras Chapter for the Society for Indian Ocean
Studies and the Island Trust, Coimbatore.
Mr.Sivanayagam played a prominent role at the
Seminar and the Hindu reported his contribution in
the following terms:
"Mr.S.Sivanayagam, Editor, Tamil Nation, said
India's foreign policy under Mrs.Gandhi had a mind
of its own and Colombo was always kept on its toes.
If the present situation on the island continued,
the Sri Lanka government might reach a point where
it could push itself into a deadend,politically,
economically, and militarily, leading to anarchy.
Out of this chaos might emerge a solution that
could satisfy the Tamil aspirations and give the
LTTE an official recognition that India had so far
denied. He regretted that between 1984 and now,
India's policy towards Tamil militancy had been one
of drift and ad hoc approaches."
This was the Editor, who, the police press note
would have the public believe, was engaged in a
'clandestine' publication! The publication was so
'clandestine' that the Madras Hindu, the Centre for
South-East Asian Studies, the Madras University,
the Madras Chapter for the Society for Indian Ocean
Studies and the Island Trust, Coimbatore were all
into the 'secret'!
There was nothing secretive about the Tamil
Nation and there was nothing secretive about the
stand that Mr.Sivanayagam took as Editor
oftheTamilNation.Mr. Sivanayagam was a journalist
who was widely respected for his fearless
independence and his commitment to the cause of the
people of Tamil Eelam. His declaration in the June
15 issue of the Tamil Nation was a
typicalassertionofthat independence and that
commitment: "Tamil Nation is nobody's mouthpiece
and is proud of its individuality and independence.
If an Indian newspaper supports the Palestinian
cause, it does not become a PLO mouthpiece does
it?"
The conclusionappears inescapable that the
reasons given by the Indian authorities for the
detention of Mr.Sivanayagam, without trial, do not
stand up to the test of reason. What is more, the
Indian authorities, have by their actions, denied
Mr.Sivanayagam his fundamental right to freedom of
speech and due process.
Tamil Nation is not unmindful of India's
national security concerns but believes that such
concerns should not lead to actions which flout the
rule of law. Tamil Nation urges Prime Minister
Narasimha Rao to intervene and secure the release
of a journalist who is innocent of any wrong doing
except that of asserting his right to freedom of
expression.
|