INDIA

Over a crackling phone line, 50-year-old journalist Manjit Mahanta’s voice carries the strain of the last few days. I speak with him on January 11, the day he was granted ‘absolute bail’, within a month of being slapped by a sedition charge by the state police of Assam. He is the latest in a string of allegations levelled upon journalists by state forces, which carries with it the weight and the criminal implications of sedition under the notorious National Security Act—the same law that put Manipuri journalist Kishorchandra Wangkhem in jail for 12 months in November 2018.

While journalists across the country are increasingly finding themselves in a more vulnerable positions in light of recent events, the ones in the Northeast often miss national attention when it comes to the threats and dangers that surround them. In a 2018 report published by Reporters Without Borders, India is the fifth most deadly country for journalists, with Afghanistan, Syria, Yemen, Mexico and the United States for company.

Mahanta’s case comes at a strained time due to the Citizenship (Amendment) Bill 2019, which has seen protests across the NE region. The bill's purpose is to amend the Citizenship Act 1955 to make illegal immigrants who are Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, eligible for Indian citizenship. However, it excludes the Muslim communities from Bangladesh, Pakistan and Afghanistan. The bill, Mahanta tells me, "goes against the grain of not just Assam, but also the secular characteristic of the Indian Constitution".

As he fights the case with two prominent Assamese activists Akhil Gogoi and Hiren Gohain, Mahanta tells VICE what transpired last month, and experiencing the unlawful power play of state forces for the second time since he was arrested in 1990.

Could you tell me about the events of the last few weeks?
We started a Forum Against Citizenship Act Amendment Bill two years ago and have been continuously fighting and holding press conferences and demonstrations all over the state. Recently, on January 7, after the Joint Parliamentary Committee tabled this report to Lok Sabha, we organised a public protest meeting on Dhikkar Divas, or Condemnation Day. Altogether, some 1,500-2,000 people from all opposition political parties, youth organisations, student organisations, conscious citizens, artists and literature world turned up. Dr Hiren Gogoi is the chairperson of the Forum and I was one of the conveners.
On the 7th, we spoke about this harassment and negligence to the people of Assam. We said that if the government continues this process of neglecting the people of Assam and their demands, then some day, they might ask for independence but in a democratic, non-violent way. We're not asking people to take arms, or join ULFA, or any kind of armed groups.
On the 10th, we got a message: I was number one in their FIR, followed by Akhil Gogoi and Dr Hiren Gohain. [The police had] filed the FIR and registered a suo-moto case in Latasil Police Station in Guwahati. They alleged that we are instigating people for separation. That was not the reality.
The same day in the evening, people came out to the streets and protested this move. Till this moment, we haven't received any intimation from the police. But we have sources in the government and they're saying that the cops are sitting there with video clippings of that particular meeting and preparing a ground report to arrest us under the National Security Act (NSA). Our lawyers filed a case in the Guwahati High Court on January 11 against the fabricated case filed by the police authority. On same day, the court granted ‘absolute bail’ to me as there was no prima-facie evidence against me in the FIR, and ‘bail’ to other two persons directing the government to submit case diary against Dr Gohain and Akhil Gogoi on January 22.
The court has also directed us to give statements to investigating officer of Assam Police within seven days and accordingly, we have given our statements. The case is pending in court.

What has the reaction of people in the state been to the spiralling series of developments?
People are still protesting against the bill in different parts of Assam and Northeast India. In Tripura, six people were injured on January 8. There was a notice bandh called by All Assam Students’ Union and North East Students’ Organisation. So, the entire NE has supported the bandh. This kind of agitation will continue till our last breath. Lately, four BJP MLAs have openly criticised the government’s move to impose it against the will of the people of Assam.

What does this mean for the sedition charges against the three of you?
All we meant was that if we are pushed too far, the state is going to come to the brink of asking for independence, but that will be done entirely in a democratic way. I would like to make that clear to the government of India. But they're now trying to manipulate the whole issue. They think that if we can be put behind bars, then people will calm down. But people are coming to the streets on their own. We're not asking them to.

Have there been similar charges of sedition levelled upon other journalists who are criticising the government in their broadcast/publications over the last few years?
This kind of attitude has existed for many years. In fact, it started when Late Hiteshwar Saikia was the Chief Minister. But now, we have seen a lot of bribing of media persons. They are trying to give the message to journalists: ”Write whatever we want you to write.” While there are some journalists who are currently having 'good days' under the current regime, a majority of them are fighting against such activities.

Has this bribing of media ever been reported?
Yes, it has been reported in some channels and newspapers. I've been a journalist for almost 30 years. I have seen this many times.

Over the last few years, threats to journalists and journalism have escalated.
I feel like the current government is not just anti-people, but also anti-India. They're doing everything against the Indian Constitution. The Prime Minister hasn't faced a single press conference. How can a PM can avoid the fourth pillar of the democracy?

Can you tell me your observations on the different kinds of tools being used to curb free speech and press freedom?
It's very easy, especially in NE states. All states have their armed groups here. So it's easy to blame journalists by saying that they're connected with this falana (random) group, or supporting some extremist groups, or some rebel groups. If you're raise your voice against the government, then they need to come up with these types of things [to counteract].

Earlier, you mentioned that your name is number one on the FIR. Why is that so?
I don't know. Serial number “1” was mine. In number “2” it was Akhil Gogoi and “3” was Dr. Hiren Gohain. I'm very outspoken. Maybe that's why? Maybe they have been trying to put me and people like Dr Hiren Gohain, a leader of the masses, Akhil Gogoi behind bars till the next General Elections?
For your information, I was also arrested by the government, in 1990.

What for?
That was the Saikia government. I was arrested under Terrorist and Disruptive Activities (Prevention) Act (TADA), which doesn't exist any longer. I was behind bars for three months. I was tortured by the Indian Army. They gave me electric shocks. They beat me up. Thank God, at that time, the High Court interfered and they asked the Army and the government of Assam to produce me before the court. But it was a false allegation because there was no case against me.
I was a senior reporter. I was reporting on the military and the ULFA. The government tried to paint a picture that I have close links with those groups. I was never, however, asked to appear before the court after that. It was a government decision because of my hard-hitting and factual writing.

Were you out reporting at the moment of arrest?
I was on my way home from my office at around 9.30-10 PM. Then the next morning, they took me to the army camp. When they were taking me, all that the police said was that I have been arrested. I showed them my identity card, but they threw it away saying there's no need to furnish that. That they have all the information already.

How common is it for a journalist to be picked up like this in Assam?
It's not very common, but there are some cases like what happened with senior journalist Ajit Bhuyan under the NSA three-four times, and the late journalist Parag Kumar Das was also arrested under NSA. So, it's there. Many other journalists have gotten arrested in false, fabricated cases in the past.

Have you ever faced any other form of intimidation?
Unidentified threatening calls and trolling on social media are always there. All because of the stories I used to do with newspapers and/or television media.

Did any of it scare you?
After a point, the calls stopped because I used to go public with these scare tactics. I’m habituated to all this. I think it is a part of my profession. If you speak up against misrules, one is expected to receive threatening calls or somebody will try to malign your character. This is very normal in the present Indian context.
I have been threatened with direct consequences too; this one time, I was asked not to get out of my home, otherwise they will fire at me. But it doesn’t scare me because those who make threat calls, cannot do anything. Jo kutta bhaukta hain, woh kaat ta nahi hain (The dog that barks doesn’t bite). I know that.

On January 22, 2019, the Assam government and the defence lawyers submitted their own copies of audio-visual recordings of the meeting that transpired on January 7. Even though he has been granted absolute bail, Mahanta is still fighting the case. The next hearing has been scheduled for February 6, 2018.

Interviewees are solely responsible for their statements and do not reflect the views of VICE India.

This is Part IV of the four-part deep dive. Read the introductory overview, Part I, II and III.

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