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Verdict?
Not guilty DMK’s
tantrums |
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Libya
leaves N-path
POTA
remains self-defeating
The
“middle” connoisseurs
Competition
hits Indian carpet trade DELHI DURBAR
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Verdict? Not guilty FORMER Prime Minister Narasimha Rao has been cleared of the charge of having cheated NRI pickle-maker Lakhubhai Pathak. Controversial godman Chandraswami and his right-hand man K. N. Agarwal too were acquitted by a Delhi court. The judiciary decides cases on the basis of evidence presented before it. In the present case the judge found Lakhubhai's testimony inconsistent. However, the fact remains that Mr Narasimha Rao was put in the dock in other cases of corruption during his controversial term in office as Prime Minister. Records will show that a special court had found him guilty in what came to be known as the JMM bribery case. It goes without saying that no person, including a politician or a bureaucrat, should be presumed guilty unless declared by the court. It is not that the judiciary is not examining the evidence carefully in cases involving politicians and bureaucrats. Another former Union minister Sukh Ram was convicted by a Delhi court in the multi-crore telecom scam. BSP leader Mayawati, BJP member Dilip Singh Judeo, Mr Ajit Jogi of the Congress and RJD leader Laloo Prasad Yadav are among the politicians who are either being investigated or tried for acts of corruption. Once the CBI completes investigation in the Satyendra Dubey murder case, the names of a few more political fish may come tumbling out. However, the fight can be won only if the media and members of the public together launch a relentless campaign against corruption. A verdict of not guilty should not be taken as a licence for doing things that are questionable before law or amount to a misuse of power. The politicians in power particularly need to ensure that not only their conduct is above board but also they appear to be honest and men of integrity. Their credibility is important for their image among the people. |
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DMK’s tantrums THE resignation of two DMK representatives from the Union Council of Ministers — Mr T. R. Baalu and Mr A. Raja — was not entirely unexpected. The development itself will have no bearing on national politics or the stability of the Atal Bihari Vajpayee government. This is because the DMK has pledged to extend its issue-based support to the Vajpayee government. In the last two years, the DMK-BJP relations have not been cordial. The DMK leaders feel that the Centre has not been acting tough with Tamil Nadu Chief Minister J. Jayalalithaa on several issues, including MDMK leader Vaiko’s arrest under POTA and Mr Karunanidhi’s own arrest in June 2001. They are also worried over Ms Jayalalithaa’s apparent drift towards the Hindutva pole and supporting the BJP on issues such as anti-conversion law, ban on cow slaughter, the Ayodhya issue and Mrs Sonia Gandhi’s foreign origin. The DMK leaders resent the fact that their demands for the repeal of POTA, a lasting solution to the Cauvery tangle and acceptance of Tamil as an official language at the Centre did not evoke the expected response from the Centre. More important is the DMK’s relations with the BJP’s Tamil Nadu unit. The latter has been engaged in a verbal duel with the former for quite some time over issues like POTA. The Tamil Nadu BJP has also charged Mr Karunanidhi with courting the Congress. It would be difficult for one to draw any inference on the likely political realignments in the state. The Congress, which has lost power in three states recently, would like to rope in the DMK to strengthen its base in the state in the run-up to the Lok Sabha elections. Mr Pranab Mukherjee’s overtures to the DMK which he described as the Congress’ “oldest ally” should be viewed in this light. Clearly, no national party can hope to strengthen its base in Tamil Nadu without the support of the DMK or the AIADMK. Similarly, no state government can afford to antagonise the Centre if it is serious on development. Ms Jayalalithaa’s soft corner for the BJP is a case in point. |
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Libya leaves N-path LIBYAN leader Col Muammar Qadhafi’s decision to abandon his nuclear weapons programme is not a sudden development. It is a result of a secret diplomatic drive continuing for some time. During the quiet negotiations with the US-UK duo Libya had been promised substantial economic rewards, which will be there soon. American oil companies will come back to Libya with the lifting of the US sanctions which may be announced after a formal agreement is reached on scrapping the Libyan weapons of mass destruction programme. The International Atomic Energy Agency will be on the job of inspecting the Libyan nuclear sites from next week. The development, which has been made public after the capture of Iraqi dictator Saddam Hussein, is a major victory for the American carrot and stick policy. But Colonel Qadhafi had read the writing on the wall much before the US-led allied invasion of Iraq began. He not only sent a team of officials to London to buy peace with the US and the UK early this year, but also accepted his country’s responsibility for the bombing of a Pan Am airliner over Lockerbie, Scotland. This enabled Libya to escape UN sanctions. Now the American curbs will also go, leaving Libya free to concentrate on its economic advancement. With the Saddam regime gone and Libya forgetting its dream of possessing a nuclear weapon, the message should be clear to Iran and Syria. Iran already seems to be in a conciliatory mood on the nuclear issue and Syria can no longer afford to offer resistance. Their rulers should learn a lesson from the Libyan leader, whose survival strategy is working well. It is not their problem if the region’s public is turning more and more anti-America. |
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Thought for the day You know everybody is ignorant, only on different subjects.
— Will Rogers |
POTA remains self-defeating THE two-judge judgement upholding the validity of the Prevention of Terrorism Act, 2002 (POTA), will understandably cause disappointment. The verdict negatived the submission that legislative competence to pass POTA rests in the State (Public Order Entry) and not in Parliament by reading down the State Entry, notwithstanding the earlier constitutional Bench judgements holding that the security of the State (alleged justification for POTA) also was a facet of the public order so much so that the Kashmir situation prevailing in the aftermath of the Pakistan tribal invasion in J&K in 1947 was considered covered by public order and thus the J&K Assembly was held competent to legislate. The court, however, put terrorism under a residuary power, not defined in the Constitution. The challenge to Section 14 in that it gives unbridled powers to the investigating officer to force even lawyers and journalists to disclose their confidential information on the pain of being proceeded against under POTA has been rejected by observing broadly that it is a settled principle that lawyers and journalists have no privilege even with regard to the confidentiality of information, notwithstanding the fact that though there is a conflict of opinion in the US, substantial opinion is in favour of the journalists’ privileges. But with regard to the lawyers’ privilege, the House of Lords (1995) has held that the legal professionals’ privilege is a fundamental condition on which the administration of justice rests and there can be no exception to the absolute nature of their privilege. The journalists’ inclusion shows how they were led up the garden path when the government announced by making ineffective a small amendment that the journalists were no longer covered under POTA. Will the journalists react now? The challenge to Section 18, which gives the government the power of including a terrorist organisation on its own belief without giving a prior hearing to it, has been negatived by holding that as organisation can apply subsequently to the Central Government to remove its name, and this is a sufficient safeguard and a post-decisional hearing satisfies the rule of natural justice. But this is in direct conflict with an earlier case (1994) dealing with the Unlawful Activities Act (1967) which empowers the government to declare any association unlawful if its activities tend to disrupt the integrity of India, but with a safeguard that the order does not take effect until it is upheld in appeal by a High Court. But under POTA there is no regular appeal. The remedy before the Review Committee is illusory, because its jurisdiction is limited to considering the matter in the light of the principles applicable to a judicial review — which means that the committee will not be competent to examine the case either on merits or law. Thus, there is no full right of appeal on facts and law, and it is a settled law that in such a case post-decisional hearing will be illusory and a violation of natural justice and order will be void. The other illegality is that the Review Committee may be headed by a retired judge, whose earlier decisions might have been struck down in the case of an election tribunal; even worse is that the judge would be in a minority and the majority would be non-judicial members. This goes counter to the earlier judgement where the court held that unless the Administrative Tribunal was headed by a High Court judge and the majority of the members were judicial, the provision will be unconstitutional. It is ironic that while in the case of government servants, the administrative tribunal must have judicial pre-dominance, under POTA, where the fundamental right of a citizen under Articles 14, 19 and 21 are concerned, the tribunal consisting of majority of non-judicial members should be held to be valid. Another serious infirmity under POTA is of keeping back the identity of a witness, thus denying the fundamental right of cross-examination of the accused has been upheld, though it has sought to soften the blow by holding that the identity will be withheld only in exceptional cases, and for weighty reasons to be recorded in writing. The court accepts that keeping secret the identity of a witness is a deviation from the usual mode of trial. It also approvingly refers to the decision of the Inter-American Court of Human Rights and the recommendation of the Law Commission of New Zealand affirming that keeping the identity of a witness secret will seriously prejudice the accused and deny his right to a fair trial. Yet the court yielded to the panicky view of the executive that in the fight against terrorism even the fundamental right of cross-examination could be circumscribed. The Central Government need not be jubilant at the verdict. Though constitutionality has been upheld, it has at the same time to be fairly conceded that the court has used judicial innovation to read down many provisions which will make it difficult for the government to misuse its provisions. Thus, Sections 21 and 22, under which the Tamil Nadu Government detained Mr Vaiko, its political opponent, have been liberally interpreted by holding that the support per se or mere expression of sympathy or arrangement of a meeting which is not intended and does not have the affect of furthering the activities of any terrorist organisation or with the commission of a terrorist act is not within the purview of POTA. The provision of bail, which on its language prohibited asking for it in the first year and would have been struck down, has been saved by adding a word “not” to the section because without doing so in the language of the court “the provision will lead to an absurdity or become meaningless”. Interpreted this way, the accused can be granted bail even in the first year of detention, subject to certain strict provisions, and thereafter under the ordinary law, thus keeping a check on the partisan use of POTA. The Central Government seems to have gone on a victory dance and its spokesperson has described this decision as a slap on the face of the Opposition and tending to suggest as if the court has upheld the need for POTA. Nothing is further from the truth. On the contrary, the court specifically noticed the argument of misuse of law but restrained itself by saying, “that the court cannot go into and examine the ‘need’ of POTA. It is a matter of policy” for the government. The Central Government, however, needs to be reminded that the need or the legality of POTA was doubted by successive National Human Rights Commissions headed by retired Chief Justices of India, which also included retired judges of the Supreme Court and High Courts. Though strictly in terms of the binding effect, the views of two sitting judges of the Supreme Court will naturally prevail, but the fact that eight or 10 Supreme Court judges (though retired) have adversely commented on the need or the legality of POTA cannot be brushed aside. One would have thought that the Central Government would use this opportunity and relaxation in Indo-Pak relations to withdraw POTA, which by any standards is a draconian law unworthy of a civilised nation. Let the government heed the warning words of the judgement, “If human rights are violated in the process of combating terrorism, it will be self-defeating.”
The writer is a retired Chief Justice of the Delhi High Court |
The “middle” connoisseurs WHEN
my first “middle” appeared in The Tribune way back in 1992 (Bomb in a basket: July 28), I was on cloud nine. Eager to be appreciated and congratulated, I sat glued to the telephone but no one called till I left for the office. The first thing in the office, I sent for my PA (personal assistant). “You are looking very happy, sir. Anything good?”, he remarked. “Yes, did you see my “middle” in today’s Tribune?”, I countered, hoping to hear from him a word of praise. “What’s that, sir?”, he asked with an innocent look. That punctured my inflated ego. Obviously, he belonged to the class of readers ignorant of, and having no interest in, the “middles”. As The Tribune set me gradually on the “middle” path, I started getting my share of bouquets and brickbats from friends, critics and enemies. On the appearance of “The Blue Book and the honeybees” (November 18, 2000), a friend of mine called to congratulate and added by way of advice: “The punch line could have been more telling.” On another occasion, a companion on the morning walk spoke volumes in praise of the piece (The lure of the IAS!, September 2, 2002) and added: “A lecturer holds the post of lectureship and not lecturership.” I had used the latter word in the article. On return from the walk, I looked up several dictionaries. He was right. I thanked him profusely. Both of them belonged to the class of well-meaning critics. “The mystery remains” was carried by The Tribune in its issue of March 6, 2002. A reader wrote (Editor’s Mail, March 13, 2002) that such “middle” writers as I wasted space for the newspaper. He further advised us to “address the genuine concerns/problems of the people” or “to write something which brings a positive change in the minds of the people, thereby promoting the sense of belonging to the nation.” I took his advice in my stride. “The bygone mango days” appeared on August 8, 2003. An architect professional called on me to convey that he enjoyed reading the piece. Then, he explained: “There are, in fact, three types of “middle” readers — the pedantic, the romantic and the jealous.” “It’s the second category, the romantics”, he continued, “who fantasise and fall in love with beauteous ‘middles’. They are their real connoisseurs.” “Did you ever enjoy any of my “middles” in the above said manner?”, I asked him expectantly. He swirled his eyes and laughed away the question! |
Competition hits Indian carpet trade
IT’S like carrying coals to Newcastle. India, one of the biggest carpet manufacturers in the world, now finds itself reeling under a deluge of Belgian and American machine-made synthetic carpets. And because they are cheap and duplicate hand-woven carpets being made here, it is amazing how many Indians are buying them, virtually killing the industry. The fate of the 20-lakh weavers and their families who have kept this trade alive is predictable. Reduced orders and shortage of work have forced them to close many of the 150,000 looms that dotted the Mirzapur-Bhadohi landscape in UP just a decade ago. Many unemployed weavers are now plying rickshaws on the streets of Mirzapur. Javed Mohammed Ali, a weaver-turned-rickshawpuller, says: “My forefathers were all weavers. First, the child labour controversy resulted in several crores worth of orders being cancelled. Mirzapur has yet to recover from that. Then reduced exports and local sales have meant many weavers are now being forced to work in the stone quarries located nearby.” Gunjan Chaddha, a carpet expert working with Kaleen Carpets, points out, “It’s not just two and three star hotels which have moved to synthetic carpets but also our top-of-the-line hotels. This is very sad because machine-made carpets are made out of polyproplene. “Polyproplene is one of the worst fibres in the world,” Chaddha explained. “It has a shelf life of not more than 4-5 years. Unlike wool that acts as a natural thermal insulator in the cold weather, polyproplene does not absorb moisture. Woollen carpets help purify air by absorbing pollutants. Unlike wool, synthetic fibre cannot stand up to abrasion and heavy duty traffic. Yet the Indian hospitality industry, homes, IT offices and other commercial centres are all making this switchover.” The implications for the Indian carpet industry are serious. Floor-to-floor carpeting for one hotel means an order that runs into several lakhs of rupees. Unfortunately, not just the domestic industry has switched over. Even the average consumer does not think twice about buying a foreign carpet. Mr Madan Kaul, Vice-Chairman of the Carpet Export Promotion Council (CEPC), rues the day foreign carpets landed on Indian stores. “Every second home in Belgium is manufacturing carpets, “Mr Kaul explained. “Earlier, they used to send them in bulk to the Soviet Union. With the disintegration of the USSR, they are now shipping them in bulk to India. Cheap Chinese carpets are coming here via Nepal, and Afghan refugees are also bringing large volumes of carpets from Iran. Bhadohi-based Surendra Kumar Baranwal, Chairman of Moti Lal & Brothers, points out, “We are not afraid of competition, but unfortunately the Indian government has failed to provide us with any support. Although we are a cottage industry, we are treated as an industry, and denied a preferential policy as far as receiving export credit is concerned. “The Chinese government has withdrawn all duty drawbacks for their carpet exporters,” he continued. “The result is their exports are growing by leaps and bounds. Our exports should have crossed the Rs 5,000 crore annual figure, but continue to flounder at Rs 3,000 crore a year. Similarly, domestic sales should have been over Rs 3000 crore, but are present at Rs 300 crore per year. The reason is that most local buyers are buying foreign and not Indian carpets.” The biggest lament of the entire carpet trade is that the Indian government should have encouraged local consumers to buy Indian rugs. This would have acted as a cushion for exporters, and also helped lakhs of weavers to stay afloat. But this was not done. When people buy an Indian carpet, they often purchase a work of art. But today competition has affected quality. Also, quick changes in fashion make particular varieties obsolete. Persian design has given way to Nepali and Tibetan carpets with their own unique designs. They are cheaper, and have become popular. Mr Vijay Thakur, President of the CEPC, disagrees. He believes there can be no competition between hand-woven and machine-made carpets since each fulfils a different requirement. “Indian carpet production continues to be set in a feudal mindset which is not in sync with the modern age, ” he observes. “Competition has become the norm today. Manufacturers, weavers and exporters need to adapt themselves to the changing scenario in order to keep pace with the times.” However, the industry can only be revived if the government comes with a complete package to help bail it out. It would be a sad day for the art of Indian weaving if it is allowed to die in this manner. — Grassroots Feature Network |
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DELHI
DURBAR THE Army, it is said, moves on its stomach. So does the army of dissidents. Sumptuous meals were the order of day at Punjab Bhavan where the dissidents camped till last week. The Amarinder Singh camp too did not lag behind in food diplomacy. Apart from royal food in Kapurthala House, it also had a treat at Hotel Ashok where some of the dissidents stayed. Following a meeting with Sonia Gandhi, it was time for prominent dissident and former Union minister Sukhbans Kaur Bhinder to treat the dissidents at Surajkund. The reason, as Bhinder put it: “I cannot treat them at a five star-hotel.”
Whose photo on calendar? The infighting in the Punjab Congress has placed the Punjab Public Relations Department in a quandary. It is the time to print the official calendar and the government diary. Whose photo should adorn the official calendar was the question that kept PR officials on the edge. With no word on that issue till now from Congress president Sonia Gandhi, the department has to make a calculated guess to be on the right side of the political bosses.
Flight that was not It could not have been a worse attempt to launch an airline in India than what was tried by the second airline from the United Arab Emirates, the El Etihad. A select gathering was called for the “launch” of the airline, which is headed by Sheikh Ahmed bin Saif Al Nahyan, a member of a royal family of the Emirates. However on reaching the city’s posh hotel, newspersons learnt that there was no press briefing, but just a private lunch organised for the royal family member, who was in town with his team to negotiate with officials of the Civil Aviation Ministry. It turned out that the UAE Embassy at the last-minute thought of having a press conference without informing the Sheikh. The matters got worse as officials of a private domestic airline gave instructions to the hotel staff to ensure that no journalist was able to reach the venue of the lunch. The PR consultants hired for the job explained that the media-shy Sheikh had refused to hold the press conference. The El Etihad flight, which was hoping to soar into the Indian skies, it seems got grounded at the last minute due to a “technical fault”.
Congress woes continue The Congress party just refuses to reform. Having barely recovered from the unseemly mess created by defiant dissident legislators from Punjab, the party is now witnessing an equally bitter tug of war in its Mumbai Regional Congress Committee (MRCC). In the true Congress style, MRCC chief Gurudas Kamat, who is busy preparing for Congress President Sonia Gandhi’s public rally at Shivaji Park on December 27, is being pulled down by his detractors. They are trying to persuade the Central leadership in Delhi that the rally be cancelled as it was originally meant to celebrate the party’s victory in the recent Assembly elections. The unstated reason, of course, is that Kamat would hog all the credit in case the rally is a success. But senior Congress leader Shivraj Patil is apparently insisting that the show must go on. His unstated reason is that his son is among those involved in the arrangements and, if all goes well, his budding political career would get a boost. Contributed by R. Suryamurthy, Anita Katyal and Girja Shankar Kaura |
This divine illusion (maya) of Mine, caused by the qualities, is hard to pierce; they who come to Me, cross over this illusion. — Lord Shri Krishna Without God’s Name, life ceases to exist. — Guru Nanak If you can find out the nature of Maya, the universal illusion, it will fly away from you just as a thief runs away when detected. — Shri Ramakrishna How can the devotees really have any caste? Children are all equal. — Sarada Devi Freedom is the goal. It is freedom alone that is desirable. That is what men struggle after. — Swami Vivekananda In his life, Jesus Christ is an example, showing us how to live; in his death, he is a sacrifice, satisfying for our sins; in his resurrection, a conqueror; in his ascension, a king; in his intercession, a high priest. — Luther |
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