Burmese Journalist Charged in India

Burmese Journalist Charged in India

By Tony Broadmoor

January 15, 2003—A West Bengal court filed a hijacking charge against Mizzima News Service Editor Soe Myint yesterday, a penalty that carries possible life imprisonment, despite calls from prominent Indian politicians, social activists and journalists to drop all charges. The reopening of the case after twelve years also has observers questioning just how far New Delhi is willing to go in order to appease the Burmese regime.

The charge stems from a November 1990 incident, when Soe Myint and another Burmese student activist took control of a Thai Airways flight bound for Rangoon from Bangkok and redirected the plane to Calcutta in hopes of bringing international attention to Burma’s democracy movement. No weapons were used during the event.

Soe Myint told The Irrawaddy today from Calcutta that he was disappointed with Tuesday’s decision, and that he had not broken any Indian laws but was simply trying to highlight Burma’s democracy movement. "If I want to escape from India, I can right now. But I will not try and escape," Soe Myint defiantly said today. "I will stay here and fight in court."

Criminal conspiracy, intimidation and wrongful confinement charges were dropped yesterday.

And Nandita Haksar, Soe Myint’s attorney, says that the public prosecutor also has the authority to withdraw the remaining charge and should in the interest of justice. "No public interest will be served in sending Soe Myint to jail after 12 years of the event," Haksar told reporters on Monday.

West Bengal Law Minister Nisith Adhikary, however, disagreed, saying that charges could not be withdrawn without the sanction of the central government.

Thin Thin Aung, Soe Myint’s wife, says that it is too difficult to predict whether the charges will be dismissed before the case goes to trial on April 2, but that it hinges on the communist party of Bengal standing up to the ruling BJP party in New Delhi. "The West Bengal State government is willing to dismiss the charge," said Thin Thin Aung today from New Delhi. "But maybe they are scared because of possible repercussions from the BJP."

The Indian government has categorically denied that the Burmese regime has influenced its decision to reopen the case in any way. West Bengal Public Prosecutor Probodh Roy said this week that: "I have to propose that charges be framed against the accused before the court. I can assure at least one thing—we never consider any law above the patriotic cause and democratic cause of the people."

In the joint petition sent by the group of politicians and activists, they called for leniency from the Indian government in dealing with the case, saying: "It would be a violation of all democratic norms to try this young man after more than 12 years."

Rights groups have been lobbying the Indian government to drop the charges since Soe Myint was mysteriously rearrested in April of last year. Observes have connected the reopening of the case to New Delhi’s rapprochement with Rangoon, namely due to the conspicuous timing of the April arrest, which came shortly after then Indian Foreign Minister Jaswant Singh’s return from Burma.

"The Indian government was getting a lot of complaints about me [from the Burmese government] and the Singh visit was one of these," Soe Myint told The Irrawaddy back in September concerning his April arrest.

Haksar also says that the reflection of the warming relations between Burma and India can be seen in the pressure being placed on Burmese journalists in India. "This is serious," said Haksar in September.