Wednesday, May 29, 2013

Religious minorities in Gujarat can breathe a small sigh of relief

Religious minorities in Gujarat can breathe a small sigh of relief

Scholarship scheme opposed by Modi's Government to go ahead, but his political ambitions still pose threat to non-Hindus.
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By Fr Cedric Prakash
In a landmark decision on May 6, the Supreme Court of India declined to overturn a Gujarat High Court judgment upholding the constitutional validity of the central government’s scholarship scheme for deserving students of minority religions in Gujarat.

The central government launched this scholarship scheme in 2008 for five minority communities (Muslim, Sikh, Christian, Buddhist and Parsi) through which it funded 75 percent of the allotted amount, with the balance expected to be borne by the state government. This scheme is meant for children whose parents do not have annual incomes above 100,000 rupees, and each of the student beneficiaries was expected to get about 850 rupees a year for their studies.

The Gujarat government, however, refused to implement this scheme in the state. A Public Interest Litigation case was filed in the Gujarat High Court in 2011, and in February the Gujarat High Court in a majority decision rejected the contention of the Narendra Modi government that the scheme was discriminatory in nature. It also directed the government to implement it. Unhappy with this verdict, Modi’s government then appealed to the Supreme Court, which also turned it down.

In an official notification in some Gujarati papers on May 21, the Gujarat government finally announced the implementation of the scheme, which is expected to benefit at least 200,000 students – most of them Muslims – and perhaps a few Christians.

That the Gujarat government has acted only after the intervention and direction of the Supreme Court speaks volumes about their attitude towards the minorities of the state.
For almost five years, poor children from minority communities have been denied what is rightfully theirs. By choosing not to grant these scholarships, the Modi government has clearly shown that they can easily throw constitutional propriety to the winds and exclude minorities (particularly the poor) from benefiting from schemes that are meant to help their growth and development.

Ever since Modi came to power in the state, the minorities of Gujarat have neither felt safe nor secure. The Gujarat carnage of 2002 is a case in point of how the Muslims in the state were not only brutalized and killed but also pushed to the margins and ghettoized.

The Freedom of Religion Law, which Modi promulgated in 2003 (in keeping with his election promise of 2002), is clearly aimed at preventing people from embracing a religion of their choice.

The deaths over the years have emphatically demonstrated that the state will not hesitate to conveniently (and without reason) kill youth from a minority community, thus demonizing the entire community and simultaneously succeeding in garnering the “goodwill” of a section of the majority community.

Even today the police in Gujarat constantly visit Catholic churches demanding that they be allowed to inspect the Baptism registers on some pretext or other. Modi invites investments projecting Gujarat as a progressive and "vibrant" state. But Modi’s “vibrant” Gujarat obviously has no place for the minorities of the state.

Now with Modi nursing prime ministerial ambitions, his campaign managers are in overdrive, ensuring that he undertakes some “cosmetic exercises” in an attempt to show that he is “inclusive”. Some Muslims and Christians have easily fallen into his manipulative trap providing the necessary photo-ops that show Modi talking or shaking hands with them. These pictures are then splashed all over with the hope that they become a “visa” for the big prize.

The bitter truth, however, is that Modi will never be able to treat minorities as equals. It was telling indeed that on Easter Sunday (March 31) this year, Praveen Togadia and his ilk of the Vishwa Hindu Parishad (VHP, or world Hindu council), proudly proclaimed that by 2015, Gujarat would be declared a “Hindu state.” The significant aspect of this proclamation was that it was made at a mass rally in Modi’s constituency of Maninagar. That Modi has no guts to challenge this statement and put Togadia behind bars, is a clear indication of his affiliation to VHP and other Hindu groups that work to make India a Hindu nation.

In view of the above, the secular citizens of the country have a task chalked out for them – to come out in large numbers to oppose Modi’s ideology of bigotry and divisiveness in order to preserve and promote India’s deep-rooted and long tradition of inclusiveness and pluralism.

The minorities of India and the secular ethos of the country would be in grave danger if Modi ever assumes the highest office.

Fortunately, the people of India know better.

Father Cedric Prakash is a Jesuit priest and Director of PRASHANT (tranquility), a centre for Human Rights, Justice and Peace based in Ahmedabad in Gujarat state


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Tuesday, May 28, 2013

The continuing tragedy of the adivasis by Ramachandra Guha (The HINDU 28th May 2013)

The continuing tragedy of the adivasis

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The killings of Mahendra Karma and his colleagues call not for retributive violence but for a deeper reflection on the discontent among the tribals of central India and their dispossession

In the summer of 2006, I had a long conversation with Mahendra Karma, the Chhattisgarh Congress leader who was killed in a terror attack by the Naxalites last week. I was not alone — with me were five other members of a citizens’ group studying the tragic fallout of the civil war in the State’s Dantewada district. This war pitted the Naxalites on the one side against a vigilante army promoted by Mr. Karma on the other. In a strange, not to say bizarre, example of bipartisan co-operation, the vigilantes (who went by the name of Salwa Judum) were supported by both Mr. Karma (then Leader of the Opposition in the State Assembly) and the BJP Chief Minister of Chhattisgarh, Raman Singh.
‘Liberated zone’
From the 1980s, Naxalites had been active in the region, asking for higher wages for tribals, harassing traders and forest contractors, and attacking policemen. In the first decade of this century their presence dramatically increased. Dantewada was now identified by Maoist ideologues as the most likely part of India where they could create a ‘liberated zone.’ Dozens of Telugu-speaking Naxalites crossed into Chhattisgarh, working assiduously to accomplish this aim.
The Naxalites are wedded to the cult of the gun. Their worship of violence is extreme. They are a grave threat to democracy and democratic values. How should the democratically elected State government of Chhattisgarh have tackled their challenge? It should have done so through a two-pronged strategy: (i) smart police work, identifying the areas where the Naxalites were active and isolating their leaders; (ii) sincerely implementing the constitutional provisions guaranteeing the land and tribal forest rights of the adivasis, and improving the delivery of health and education services to them.
The Chhattisgarh government did neither. On the one side, it granted a slew of leases to industrialists, over-riding the protests of gram panchayats and handing over large tracts of tribal land to mining companies. On the other side, it promoted a vigilante army, distributing guns to young men owing allegiance to Mahendra Karma or his associates. These goons then roamed the countryside, in search of Naxalites real or fictitious. In a series of shocking incidents, they burnt homes (sometimes entire villages), raped women, and looted granaries of those adivasis who refused to join them.
In response, the Naxalites escalated their activities. They killed Salwa Judum leaders, murdered real or alleged informers, and mounted a series of daring attacks on police and paramilitary units. The combined depredations of the Naxalites and Salwa Judum created a regime of terror and despair across the district. An estimated 150,000 adivasis fled their native villages. A large number sought refuge along the roads of the Dantewada district. Here they lived, in ramshackle tents, away from their lands, their cattle, their homes and their shrines. An equally large number fled into the neighbouring State of Andhra Pradesh, living likewise destitute and tragic lives.
It was to study this situation at first hand that our team visited Chhattisgarh in 2006. We travelled across the Dantewada district, speaking to vigilantes, Naxalites and, most of all, ordinary tribals. We met adivasis who had been persecuted by the Naxalites, and other adivasis who had been tormented by the Salwa Judum vigilantes. The situation of the community was poignantly captured by one tribal, who said: “Ek taraf Naxaliyon, doosri taraf Salwa Judum, aur hum beech mein, pis gayé” (placed between the Maoists and the vigilantes, we adivasis are being squeezed from both sides).
We also visited the State capital, Raipur, speaking to senior officials of the State government. They privately told us that Salwa Judum was a horrible mistake, but added that no politician was willing to admit this. Then we spent an hour in the company of the movement’s originator, Mahendra Karma. He told us that he was fighting a dharma yudh, a holy war. We asked whether the outcome of this war was worth it. We told him of what we had seen, of the homes burnt and the women abused by the men acting in his name and claiming that he was their leader. He answered that in a great movement small mistakes are sometimes made. (The exact words he used were: “Badé andolanon mein kabhi kabhi aisé choté apradh hoté hain.”)
I was immediately reminded of a politician in another country, George W. Bush. In his holy war, too, there was no thought to the collateral damage that innocent civilians would suffer. Admittedly, the jihadis that Bush was fighting were as bloodthirsty and amoral as the Naxalites. But did a democratic government have to reproduce this amorality and this bloodthirstiness? Should it not fight extremism by saner methods? The tortures, the renditions, the displacement of thousands upon thousands of civilians — in all these respects, Dantewada seemed to me to be a micro version of Iraq or Afghanistan.
Palpable indifference
From Raipur we went to Delhi, where we met the Prime Minister, the Home Minister, and the National Security Adviser. Their indifference to the unfolding tragedy was palpable. So, in 2007, we filed a Public Interest Litigation in the Supreme Court asking for the disbandment of Salwa Judum. Four years later, the Court issued an order chastising the Chhattisgarh government for creating “a miasmic environment of dehumanisation of youngsters of the deprived sections of the population, in which guns are given to them rather than books, to stand as guards, for the rapine, plunder and loot in our forests.” By arming poor and largely illiterate adivasis, the State government had, said the Supreme Court, installed “a regime of gross violation of human rights in a manner, and by adopting the same modes, as [have] done Maoist/Naxalite extremists.”
The strictures of the Supreme Court were disregarded by the State government, which recast Salwa Judum under another name and form, and by the Central government, which continued to put the interest of mining magnates above those of the suffering adivasis of the land.
The killings of Mahendra Karma and his colleagues are the latest casualties in a bloody war that began a decade ago in Dantewada. What will the State and Central governments now do? The knee-jerk reaction, doubtless encouraged by editorial writers and TV anchors in Delhi, will be to call for the Army, and perhaps the Air Force too, to launch an all-out war on the Naxalites, regardless of the consequences for civilians. One hopes wiser counsels will prevail. The times call not for further retributive violence, but for a deeper reflection on the discontent among, and dispossession of, the adivasis of central India, who are in all respects the most desperately disadvantaged of the Republic’s citizens, far worse off than Dalits even.
In the winter of 2006, after my experiences in Dantewada, I gave a public lecture in Bhubaneshwar. The State’s Chief Minister, Naveen Patnaik, was in the audience. I urged that the rash of mining leases being proposed by the State government on tribal land be stopped. As it happened, foreign and Indian mining companies were invited into the State, without any attempt to make adivasis stakeholders in these projects. The consequence is that Orissa, a State once completely free of Naxalites, has seen them acquiring considerable influence in several districts of the State.
The social scientist Ajay Dandekar, who has done extensive research on the subject, observes that the rise of extremist violence is a consequence of “the complete mismanagement of democracy and governance in the tribal areas.” The latest bout of violence, he says, should come as a wake-up call to those “who place still some hope in the rule of law and constitutional governance.”
I entirely concur with Dandekar when he writes that “if even now the policy makers are willing to take the issues of justice to the tribals head-on the extremists will definitely be dealt a bodyblow in the process and their own legitimacy would stand questioned.” A first step here would be for the top leadership of the present government to reach out directly to the adivasis. The Prime Minister and the Chairperson of the UPA should together tour through the strife-torn areas of Chhattisgarh, Jharkhand, and Orissa, promising the full implementation of the Forest Rights Act, a temporary ban on mining projects in Fifth Schedule Areas, and a revival of the powers of gram panchayats. That would be a far more effective strike against Naxalites than sending in fighter planes or massed battalions.
(Ramachandra Guha’s books include India after Gandhi. He can be contacted at

Thursday, May 23, 2013

Appeal to Citizens of Mumbai and India (A Matter of Conscience)

Appeal to Citizens of Mumbai and India (A Matter of Conscience)

May 23, 2013
Dear Friends.

Firstly I would urge all those who read this mail, to send a few words in response. It is unbearable to receive no replies at all...

For some time now, the unprofessional conduct of our investigating agencies in general but especially in cases related to investigations on "terror" have been surfacing, albeit in a sporadic manner. Intrepid journalist Ashish Khetan with his indomitable courage and commitment to precision and detail has unearthed an Investigation that raises serious questions about the unprofessional and rank biased conduct of the Maharashtra ATS. Senior officers with close patronage to politicians have been found guilty of the most unspeakable abuses.  We do urge that you have a look. The scenario is quite worrisome and frightening. I enclose the articles below. 

For those interested in exploring the issue further, do visit his web portal, GULAIL. And for those interested in reading his Letter Petition to the Bombay High Court, do write in... 
Yesterday at the Mumbai event more than 25 media persons (print and television were present. Reports have appeared only in The Hindu, Mumbai Mirror and ADC. Inquilab, Rashtriya Sahara, Urdu Times prominent front page coverage. Though reporters from the TOI, Indian Express, DNA, Mid-Day, Hindustan Times were present -- no reports appeared. HT had however carried two stories abut the Delhi event last Saturday. (Some articles are attached)

A word for other friends from all walks of life, citizens of Mumbai, who till a decade back actively engaged in issues of conscience. Few were present at the meeting yesterday. What worries us is the sense of despair and alienation that must be felt by the sections who are at the receiving end of this treatment by sections of the establishment - be it Muslims today, Dalit activists tomorrow or adivasis all the time .... Have we lost our soul? Or do we see this as a problem that does not affect us ? If citizens of our city are treated this way by a police that feels it is unaccountable, this could spell danger and doom for civilized co-existence.

Quite apart from the rank un-professionalism and bias that this Expose by ASHISH KHETAN/GULAIL reveals, the sense of despair and alienation that such relentless treatment must ensure is also something that should concern us all. I do recall doing a similar expose of the 1993 Blast investigations when the Crime Branch office and the Mahim Police station were locales for the most unspeakable torture and treatment of family members of some accused and other alleged accused..Even women and children had not been spared..... 

Twenty years down the line, little has changed; if at all things have gotten much much worse. 
Yours, In Faith and Hope
From stenography to journalism—Ashish Khetan
Special Correspondent
Damning evidence against ATS operations
While the rest of the crime reporters were busy taking down what the police or Anti-Terrorism Squad (ATS) was putting out in Mumbai, journalist Ashish Khetan formerly with Tehelka, says he struck out on his own to go beyond the official versions of “terrorists”and terror cases. His year-long investigation into three major cases of bomb blasts has exposed horrific truths about the way in which the ATS, the Maharashtra police and police from other states have functioned with impunity and virtually condemned and tortured 21 young men because they were Muslims.
Khetan’s investigative journalism portal aptly named Gulail (or slingshot in English) has “ unearthed internal documents from more than half a dozen anti-terror agencies that show that the State has been knowingly prosecuting innocent Muslims for terror cases and keeping the evidence of their innocence from the courts.”
At a press conference on Wednesday to present his investigation and screen a film with candid interviews of accused Muslim men, Mr Khetan also said he had sent a letter petition to the Bombay high court with nearly 400 pages of evidence in the form of official investigation and interrogation reports of the accused men and other documents which clearly indicate huge discrepancies. The petition said that his research into the July 11, 2006, train blasts, the Malegaon 2006 blasts and the Pune German Bakery blasts of February 2010 show that the ATS has deliberately created bogus evidence, extracted false confessions by the most inhuman torture, planted explosives in the houses of the young men and implicated innocent youth. In the name of internal security, the ATS and other agencies were misleading the courts, Khetan said.
Senior police officials have been named by the young men in their interviews, where they speak of torture and abuse and pressure to turn approver for large sums of money. A senior police officer even expressed his helplessness and said it was important for them to find some accused since they were unable to crack the case. There are different versions of the same case notably Malegaon 2006 where the NIA has just filed a chargesheet. Seven of the nine men arrested earlier were released on bail in 2011.
Khetan said he wasn’t out to prove anyone’s guilt but expose the farcical criminal investigation which also reflected deepset anti Muslim prejudice. What is serious is that one of these men Himayat Baig has been given the death sentence for the Pune German Bakery blasts when clearly police had found evidence of another man’s involvement. The case of Qateel Sheikh who died in a high security Pune prison just before he was to testify in a Delhi court is not longer a mystery going by what Khetan’s documents show. The ATS arrested Himayat Baig from Udgir and claimed he had carried out the German Bakery blast. However, a year later the Delhi police arrested Qatil Siddiqui and Interrogation Reports obtained by Khetan show he is linked to the Pune blast. These reports were not produced in the court which finally gave Baig the death sentence. Police then tweaked reports to show Sheikh’s involvement in another case.
Presenting all the facts, Khetan has asked the high court to order an independent commission of inquiry into the conduct of the investigating officers, action against officers guilty of violations and relief for the victims of such operations.

State ATS falsely implicated many Muslim youths in 7/11 train blast: Ashish Khetan
Thursday, May 23, 2013
By Zuber Ansari
Making serious allegations against Maharashtra Anti Terrorism Squad (ATS) and the National Investigation Agency (NIA), Ashish Khetan, a senior journalist working with various media houses has said that many Muslim youths have been falsely implicated by these agencies in several blast cases.

He also alleged that three IPS officers, including two former city police commissioners, A.N. Roy and K.P. Raghuvanshi, had tortured many youth and forced them into confessing to crimes by threatening their parents and family members.  

Screening a video at the Indian Merchants Chamber (IMC) on Wednesday, in which he claimed that in at least three cases of terror, the July 11, 2006 Mumbai local train blasts, the 2006 Malegaon blasts and the Pune Best Bakery case of February 2010, the Maharashtra ATS had deliberately created bogus evidence, extracted false confessions by the most inhuman torture, planted explosives in the houses, to implicate innocent Muslim youth.

The video documentary reveals that torture, which included water-boarding, narcotic injections and illegal detention, was used as means of extracting false confessions and forcing innocents to turn approvers.

In the video, one Dr Tariq Ansari from Kurla, who was detained in the 7/11 blast case, is shown saying, “They picked me up from my Kurla residence and took me to Nagpada office of the ATS. There, A N Roy started beating me with his shoes and later offered me Rs.25 lakh to confess. Later, some ATS officers asked me to confess if I wanted to see my family members including my brothers alive.”

Another victim, who is an IT professional, is seen in the video saying, “We were taken to Bangalore Forensic Laboratory were one Mrs. Malini, who was the Director of the laboratory started torturing us physically and asked me to confess because she was under pressure from ATS, and if I did not do so then she would kill me with some medicine.”

It was the then ATS chief, Hemant Karkare, who changed the view towards Muslim youth and proved that Hindus could also be involved in blasts, after arresting many persons who belonged to Hindu outfits, added Khetan. 

We have already forwarded letters to the National Human Rights Commission and Minority Commission to look into the matter and are soon going to file a petition in this regard. “My intention is not to pass a verdict of guilt against certain accused. But it is only to highlight the blatant discrepancies and contradictions in terror investigations,” claimed Khetan.

Agencies tinkered with evidence in terror cases, claims scribe
Mumbai Mirror Bureau TWEETS @_mumbaimirror
 In a letter to the Chief Justice of India, investigative reporter Ashish Khetan has stated that different investigating agencies across India produced different versions of same terror cases and altered the evidence to suit their version.
At least in 3 cases prosecuted by ATS Maharashtra—July 11, 2006 Mumbai local train blasts, 2006 Malegaon blasts and Pune German Bakery case of February 2010—ATS deliberately created bogus evidence, extracted false confessions, planted explosives in the houses of the accused and implicated innocent youth, read the letter.
Khetan has uploaded the interaction he had with some of accused in the 7/11blastcaseonhiswebsite, Interestingly, these interviews were conducted in the court premises. Khetan said the ATS officials often tried to bribe the accused.
    “The interview was conducted in the court premises with a spy camera. Accused Ehtasham Siddiqui, Majid Mohammed, Kamal Ansari and Naved Khan have alleged that they were lured by ATS officials to become approvers. They were offered Rs 25 lakh,” said Khetan.
    In the interview, the accused claimedthatthecopsofferedthemjobs but they declined. Khetan was also informed that the then ATS chief K P Raghuvanshi asked the accused to help police convict others. “The accused signed the confession when they were threatened of dire consequences,” he said. On the website, he has also categorically pointed out various loopholes in the investigation.
    Meanwhile, in the letter to the CJI, Khetan has stated that in the 7/11 case, a chargesheet was filed against 13 suspects belonging to Students Islamic Movement of India (SIMI). As many as 15 others were named as absconding on December 1, 2006. The accused included various professionals.
    In2008,however,fresharrestswere made and Indian Mujahideen (IM) claimed responsibility for all attacks between 2005 and 2008. It led to the arrest of Sadiq Sheikh by Crime Branch, the letter stated. The confessions by Sheikhandothersclearlyshowthatthe people earlier prosecuted by the ATS had no connection with the local train bombings of 2006.
    “These confessions contain a meticulously detailed description of more than eight terror strikes that Sheikh andhisaccompliceshadallegedlyplotted and executed since 2003. But curiously,Sheikhandhisaccompliceswere chargesheeted in only those blast cases in which the investigation was still not completed. Hyderabad blasts of 2007, Ahmedabad and Surat blasts of 2008 and Delhi blasts of 2008 were some of the cases in which the IM members were chargesheeted,” said the letter.
    “Revelations regarding any blast before 2007 were ignored because those cases were claimed to have been solved. Sheikh and a few others were discharged in 2009, as ATS claimed they did not have enough evidence against them,” said Khetan.
'महाराष्ट्र पुलिस बनाती है आतंकी'
नवभारत टाइम्स | May 23, 2013, 05.30AM IST
रिपोर्टर॥ मुंबई।।
देश में हुए कई सीरियल बम ब्लास्ट की जांच करने वाली महाराष्ट्र एटीएस एक खास वर्ग के लोगों को निशाना बनाती है। इन लोगों की भूमिका किसी भी बम ब्लास्ट में प्रत्यक्ष या अप्रत्यक्ष रूप से नहीं है। दबाव की वजह से एटीएस देश भर से निर्दोष लोगों को पकड़कर कोर्ट में पेश कर देती है। इतना ही नहींबम बलास्ट में शामिल होने की बात कबूल करवाने के लिए एटीएस निर्दोष नौजवानों को जेल की सजापैसों और मुंबई में फ्लैट दिलाने का लालच भी देती है। पकडे़ गए आरोपियों की पत्नियों के साथ यौन उत्पीड़न की धमकी भी दी जाती है। यह खुलासा बुधवार को इंडियन मर्चेंट चेंबर में एक कॉन्फ्रेंस में वरिष्ठ पत्रकार आशीष खेतान ने किया।
गुनाह कबूल करवाने का दबाव
आशीष खेतान ने मीडिया के सामने पेश किए गए दर्जनों विडियो क्लिप में एटीएस द्वारा कि  गए आतंकी हमलों की जांच का खुलासा किया है। उन्होंने जुलाई 2006 में हुए लोकल ट्रेन बम ब्लास्ट मामले में पकडे़ गए 13 आरोपियों में से 9 आरोपियों के स्ंिटग ऑपरेशन दिखाएजिसमें आरोपियों ने उस समय के पूर्व कमिश्नर एनरॉयएटीएस चीफ केपीरघुवंशीपुलिस अधिकारी नवल बजाज और एटीएस जांच अधिकारी दिनेश कदम की भूमिका पर सवाल खडे़ किए। इन फुटेज में आरोपी युवक बताते हैं कि उन्हें एटीएस द्वारा हर दिन दो बार पुलिस स्टेशन में टॉर्चर किया जाता था। उनके गुप्तांगों में एक किस्म के तेल का इंजेक्शन लगाया जाता है।

कतिल मरा नहींमारा गया
फरवरी, 2010 को पुणे की जर्मन बेकरी ब्लास्ट में एटीएस द्वारा पक ड़े गए आरोपी कतिल सिद्दीकी और हिमायत बेग को खेतान ने निर्दोष बताया। खेतान के मुताबिकहिमायत बेग को निर्दोष साबित करने वाला एकमात्र गवाह कतिल सिद्दीकी ही था। विशेष अदालत में गवाही की एक रात उसकी ऑर्थर रोड जेल की अति सुरक्षित मानी जाने वाली अंडा सेल में मौत हो गई। कतिल मरा नहींमारा गयाक्योंकि एटीएस पर हिमायत बेग को दोषी ठहराने का दबाव था।
एक गुनाह के दो आरोपी
में हुए मालेगांव बम ब्लास्ट मामले में महाराष्ट्र एटीएस के चीफ केपीरघुवंशी ने कुछ मुसलमान युवकों को स्वयं अरेस्ट किया था। एटीएस ने इस मामले में मोअली और आसिफ खान को अरेस्ट कियाजबकि एनआईए ने हिंदू संगठन से जुड़े लोगों को। खेतान का आरोप है कि एक ही गुनाह के लिए पुलिस ने दो अलग-अलग आरोपियों को क्यों प्लांट कियाइस संबंध में जब एनबीटी ने नवल बजाज और केपीरघुवंशी से उनका पक्ष जानना चाहातो बजाज का सेल फोन इन कमिंग बंद और रघुवंशी का स्विच्ड ऑफ मिला।