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EDITORIALS

Courageous visit
PM’s readiness to go the whole hog on Kashmir
P
RIME MINISTER Manmohan Singh’s successful visit to Srinagar is a body blow to the militants who did everything possible to prevent it. It should be said to his credit that the Prime Minister kept his word despite the gravest threat the militants posed to his security.

Farewell, Shobini!
Not just isolated suicide
I
n a way, the plight of sportsmen is worse than that of extras in a film. For a few seconds they play the king, only to lead a life of penury and deprivation after that. The suicide by Shobini Rajan, a rower from Kerala who is winner of over 30 medals in national and international events, is symptomatic of the malaise that is gnawing at the heart of Indian sports.

Deferred development
Report just highlights what everyone knows
I
t could have been titled "Lack of Human Development Report". The Human Development Report 2004 on Punjab gives facts and figures to show what was generally
felt - that the state of affairs in the once prosperous and leading state of India is dismal.




 

EARLIER ARTICLES

THE TRIBUNE SPECIALS
50 YEARS OF INDEPENDENCE

TERCENTENARY CELEBRATIONS
ARTICLE

The Bush second term
What will India do if US gives F-16s to Pakistan?
F
ew countries are as cautious and pragmatic in their conduct of foreign policy as the People’s Republic of China. The Chinese have learnt the art of refraining from passing gratuitous comments on issues that do not directly affect their national interests.

MIDDLE

About life and death
by Trilochan Singh Trewn
M
y colleague Virendra Singh Dhanda was an outstanding, upright officer with a keen sense of business. He was looking after procurement of equipment, including large number of cranes, lathes, boring machine, drilling machines milling machines, milles of pipes etc of various sizes for a Rs 2000 crore project in east coast of India.

OPED

HUDA’s callous attitude
SC should intervene in public interest
by Subhash C. Jain
T
he Haryana Urban Development Authority’s failure to allot land to the applicants even after six months from the last date calls for intervention by the Supreme Court. On October 31, 2004, The Tribune has reported that 1.70 lakh applicants have been left in the lurch by HUDA. The people are “clueless” as to why the draw has been called off.


From Pakistan
Wanted militant refuses to surrender
PESHAWAR:
Wanted militant Abdullah Mehsud and one of Pakistan’s top military commanders met last week in an effort to bring peace to the troubled South Waziristan tribal region. Talking to Dawn from an undisclosed location, Abdullah confirmed earlier reports of his meeting with the Corps Commander, Peshawar,
Lt-Gen Safdar Hussain, at Jandola Fort in South Waziristan on Nov 8.

 REFLECTIONS

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Courageous visit
PM’s readiness to go the whole hog on Kashmir

PRIME MINISTER Manmohan Singh’s successful visit to Srinagar is a body blow to the militants who did everything possible to prevent it. It should be said to his credit that the Prime Minister kept his word despite the gravest threat the militants posed to his security. The militants mistakenly thought that by stepping up violence and killing innocents on the eve of his maiden visit, they could scare the wits out of the PM’s party. Since they did not succeed, they took a vantage position overlooking the Sher-e-Kashmir stadium and engaged in a prolonged gunfire with the security forces. The idea was to force the Prime Minister to cancel the programme at the eleventh hour so that they could announce to the whole world that the writ of the government did not run in Srinagar. But Dr Singh stood his ground and went through all his programmes in a calm and quiet manner.

However, the significance of the Prime Minister’s visit is not so much that he defied the militants’ threat as the positive message he conveyed to the people of Jammu and Kashmir. He made it clear to them that no matter what the militants did, nothing would stand between the common people and his government. Dr Singh has reiterated his position that the government was ready to talk to any section of the people provided it stood for establishment of peace and tranquility in the tension-torn state. His determination to carry forward the peace initiative his predecessor launched was transparent when he ordered a cut in the deployment of troops in J&K and saw to it that it commenced the day he arrived in the Valley.

It is noteworthy that India took this major initiative though the terrorists, mostly from across the border, continue to pose a threat to peace in the state. The Prime Minister did not go to Srinagar empty-handed as is borne out by the Rs 25,000-crore economic package for the state he announced on the occasion. He has set at rest speculation about withdrawal of troops from Siachen, which will have to wait till the border is properly demarcated. However, there is no mistaking that there will be no letup in India’s bid to normalise its relations with Pakistan.


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Farewell, Shobini!
Not just isolated suicide

In a way, the plight of sportsmen is worse than that of extras in a film. For a few seconds they play the king, only to lead a life of penury and deprivation after that. The suicide by Shobini Rajan, a rower from Kerala who is winner of over 30 medals in national and international events, is symptomatic of the malaise that is gnawing at the heart of Indian sports. The poor rower went from the bureaucratic pillar to post in search of the government job which was promised to her and was very much her due but in vain. She was not even given the Rs 2.5 lakh due to her from the sports council. No one bothered that she was suffering from a back ailment which could have destroyed her career. She needed this money to get adequate treatment as also to take care of her starving family. None came to her rescue and she thought it better to end her life than live without hope. Could there be a more telling comment on the state of affairs?

Day in and day out, promising young men and women toil hard to earn glory for their country or State. Leave alone making sports a lucrative career option, we are not even able to assure a decent job for them. And yet we lament that the nation of one billion is as good as non-existent on the sporting map. With so many Shobini Rajans in so many States, which parent is going to encourage his ward to take to sports whole-heartedly?

If Rajan found solace in death, the plight of a state-level boxer, Hari Lal of Punjab, is no better. He has been working as a cobbler to make ends meet. It sounds so phoney when so-called sports promoters talk of grandiose plans to popularise various games! Millions of rupees earmarked for games are going down the drain just because we are unwilling to take even minimal care of our players. Cricket may be an exception but elsewhere the scenario is extremely bleak and sports authorities simply callous.

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Deferred development
Report just highlights what everyone knows

It could have been titled "Lack of Human Development Report". The Human Development Report 2004 on Punjab gives facts and figures to show what was generally felt - that the state of affairs in the once prosperous and leading state of India is dismal. The sex ratio is skewed, agriculture growth rate is declining, unemployment rising, healthcare is poor and the literacy rate nothing to write home about. At almost 70 per cent, it is higher than the national average of 65 per cent, but this should be of no comfort, since this means that 30 per cent of the people in the state are unlettered. The report has been prepared with the help of the Planning Commission and the UNDP, and unfortunately it is based on old data rather than the one obtained in 2001 census, which would have provided the latest information. However, it has served the purpose of bringing into the spotlight some unpalatable facts, the underlying trends of which are unlikely to have changed significantly in the interim period. The presentation and interpretation of data in the report is useful, and its observations regarding the lack of implementation of the Panchayati Raj institutions, lack of participation of the people in various government initiatives and the inequitable distribution of state-provided social services ring true.

If something can be held fundamentally responsible for the present state of affairs, it is the lack of political will and vision, compounded by bureaucratic inertia. What the latest report says is nothing new. A number of good reports have been available to the state, including those of the Punjab Public Expenditure Reforms Commission (2002), Expert Group Report on Power Sector Reform (2003), the World Bank and the Johl Committee. However, there has been no discernable effort to learn the lessons and implement their recommendations. In fact, after a report is presented, there are ripples for a few days, and then it is back to the bad old ways. This should not be the case. The government needs to urgently implement administrative reforms and take political decisions keeping the long-term interests of Punjab in mind, lest this once-model state falls further lower in the human development index. 
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Thought for the day

Reality says you need not, and must not, conform to and follow any other mind on earth. — Vernon Howard

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The Bush second term
What will India do if US gives F-16s to Pakistan?
by G. Parthasarathy

Few countries are as cautious and pragmatic in their conduct of foreign policy as the People’s Republic of China. The Chinese have learnt the art of refraining from passing gratuitous comments on issues that do not directly affect their national interests. They also recognise that their economic and larger strategic interests require them not to oppose the US in the UN, or issue critical statements even on crucial issues like the American military intervention in Iraq. Their sole interest is to ultimately establish a credible military deterrence capability against the Americans, even as they keep up an astounding pace of economic growth that is enabling them to become the manufacturing hub of the world. There is much that India and particularly our Communists can learn from their Chinese comrades about pragmatism and realism in the conduct of foreign policy. The Chinese Communist Party has also put Marxist ideological doctrines on the backburner, while adopting industrial and labour policies that accelerate economic growth and foreign investment.

Given such unique pragmatism in the pursuit of their national interests by the Chinese, one was surprised to see how they reacted to the events leading the reelection of George W Bush on November 2. After having scrupulously avoided any comment on the American Presidential race, former Chinese Foreign Minister Qian Qichen, who still wields considerable influence in China, came out with a rather interesting statement just before election day. It was time when many political observers (and some Indian astrologers) felt that given the unpopularity of Bush’s military intervention in Iraq, Senator Kerry was headed for victory. On November 1, Qian criticised Bush for what he said was the latter’s “catastrophic” and “unilateralist” foreign policy. On the same day the Communist Party mouthpiece the “People’s Daily” accused Bush of “arrogance” and “complete failure” in diplomacy. The Chinese criticism of Bush for being “unilateralist” is somewhat amusing given the fact that China invaded fellow Communist neighbour Vietnam “unilaterally” (but with tacit American support) in 1979, merely to teach Vietnam a “lesson”.

Being supreme pragmatists, the Chinese promptly changed their tune when Bush was reelected. On November 5 the Chinese proclaimed: “We in China appreciate the Bush Administration’s determination to build a constructive relationship with us. We look forward to the reelected U.S. Government and ours, working together to promote the development of constructive and cooperative relations between the two Asia-Pacific giants”. What is significant is the cynical manner in which the Chinese assessment of George W Bush changed within four days, merely because he did not lose the U.S. Presidential elections as the Chinese had earlier anticipated! Even more cynical is the fact that despite the Chinese claiming that they are for a “multipolar” world order, they tell the US that the two countries should cooperate as the two “Asia- Pacific giants”. In effect, despite all its lip service to “Panchsheel” China is seeking a bipolar world order that it dominates along with the US. As China feels that along with the US it is one of the two “giants” in the Asia-Pacific Region, it obviously envisages a lesser and subordinate role for powers like Japan and Russia. The Middle Kingdom evidently still believes that the “barbarians” in its neighbourhood should deferentially kowtow to it.!!

Unlike China, both Japan and Russia have been consistent in their approach to the recent U.S. Presidential elections. Prime Minister Koizumi has found the Bush Administration’s approach to trade and issues of peace and security in the Asia-Pacific reassuring. He made no secret of his preference for a Bush second term. Likewise, President Putin in Russia made his preference for Bush apparent well before the elections of November 2. Putin realised that while Bush was ready to cooperate in dealing with Chechen terrorists as a part of his overall “War on Terrorism,” the Democrats were given to sermonising to him on “human rights” and “democracy”. Responding to the Bush victory, Putin described Bush as a “predictable partner”. He pointedly added that the Bush victory indicated that the American people have not given in to threats of international terrorism. There have been mixed reactions to the Bush victory in Europe. The victory has obviously thrilled Tony Blair who is looking at early elections in the UK. Leaders like Sylvio Berlusconi in Italy feel vindicated. President Chirac in France and Chancellor Schroeder in Germany have spoken of the need to put past differences behind, but are obviously uneasy. ASEAN countries like Thailand, Singapore and the Philippines have been pleased by the Bush reelection.

While it would appear that there has been a mix of positive, cynical and negative responses for the Bush second term, his reelection has spread consternation in the Islamic world. Apart from Iran, that indicated that it preferred a Bush second term to a Kerry Presidency, the Arab world, with perhaps the exception of a few Gulf Emirates like Kuwait has reacted with horror. Within the US, its seven million Muslims openly campaigned against Bush, even though there were virtually no differences between Bush and Kerry on support for Israel. More recently, influential religious leaders in Saudi Arabia have voiced their opposition to the American military presence in Iraq, though the Saudi royalty appears to be playing on both sides of the fence.

The Bush Administration’s foreign policy priorities appear to be well defined. The highest priority would be to restore peace and hold elections in January 2005 in Iraq, while seeking to build Iraqi forces to take over security duties, as the Americans begin a phased withdrawal. This is, however easier said than done, given the extent of anti-American sentiments across Iraq. Simultaneously, there will be greater attention to the Palestinian issue in a post-Arafat era. Significant diplomatic effort is also going to be devoted to issues of nuclear nonproliferation in Iran and North Korea. One hopes that Americans will realise the serious threats to global and regional security and stability if they seek military options in Iran. Finally, no effort will be spared by George Bush Jr. to “get” Osama bin Laden, irrespective of whether he is in Afghanistan or Pakistan. Carrots and sticks will be used to persuade General Musharraf to cooperate. But how will New Delhi react if the “carrots” for Pakistan include nuclear capable F 16 aircraft? We could well be then faced with a situation in which Pakistan has nuclear weapons carrying aircraft supplied by the USA and nuclear tipped missiles supplied by China and North Korea.

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About life and death
by Trilochan Singh Trewn

My colleague Virendra Singh Dhanda was an outstanding, upright officer with a keen sense of business. He was looking after procurement of equipment, including large number of cranes, lathes, boring machine, drilling machines milling machines, milles of pipes etc of various sizes for a Rs 2000 crore project in east coast of India.

During weekdays a large number of senior executives from Kirloskars, Voltas, Heavy Engine Corporation and Bharat Heavy Electricals etc used to visit him. Their technical discussions used to continue till late in the evening. My own duties were light and I was able to leave office on time. Mr Dhanda was a much sought after person because of his important public dealings.

On that fateful day Mr Dhanda knocked on my office door sharply at 5 p.m. and told me that he was much relieved to see no waiting visitor that day and he was pushing off home to greet his waiting wife before sunset for a change. I too joined him up to the car park, not imagining that it was going to be my last meeting with him.

At about 5 the next morning the Director-General of the project rang up informing me about the sudden demise of Mr Dhanda due to a massive heart attack. He died in a newly built hospital at about 11.30 the previous night in the presence of his wife. This unbelievable news shook me. My wife and I rushed to the reception desk of the new hospital. A half asleep chowkidar narrated to me that there was a lot of weeping till four in the morning and now relations and friends were not in the emergency ward. “If you still insist to see him, go to the morgue,” he said. We turned to the morgue room under construction. There was no one there. All adjoining rooms were devoid of any human being and we were desperate to have last darshan of our departed friend.

It was still partially dark when my wife pulled my shoulder and pointed her finger towards a bundle straight ahead covered by white sheet in a verandah. A solitary slab of ice on the body was slowly melting, creating small pools of water close by. In this open space he was prone to intruding wild life from adjoining hills.

There was no sign of any human being near the lifeless body of a celebrated and meritorious person to see whom chief executives from all over India used to arrive sometimes by special flights. Street dogs were seen close by.

Asking my wife to stay near the body I rushed across the verandah and managed to get an attendant to stand near the body till the morning duty man arrived.

Quietly, I pondered whether it was a case of neglect or kirk of man’s destiny.

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HUDA’s callous attitude
SC should intervene in public interest
by Subhash C. Jain

The Haryana Urban Development Authority office in Panchkula
The Haryana Urban Development Authority office in Panchkula

The Haryana Urban Development Authority’s failure to allot land to the applicants even after six months from the last date calls for intervention by the Supreme Court. On October 31, 2004, The Tribune has reported that 1.70 lakh applicants have been left in the lurch by HUDA. The people are “clueless” as to why the draw has been called off.

The report indicates a scam involving Rs 1,300 crore of public money which was collected by HUDA. The Tribune carried another report on November 3, 2004 about Garden Villa plots. Allegations about postponement of the draw were also reiterated with more facts. The matter is serious as the land has reportedly been distributed to some “influential colonisers” who have cornered several acres land and selling the same in the form of plots, built-up flats and floors at very high premium. The prices have shot up several times making it impossible for most people to afford a residential house.

Against this background, the common man cannot remain a silent spectator. Nor can the courts of law be helpless when the applicants are clinching their fists but can do little except move the courts to rescue them.

As proclaimed by HUDA, this organisation is responsible for meeting the land requirements for “varied human activities” and for modern town planning. It was incumbent on the part of HUDA to rebut the allegations, failing which the conclusion is inescapable that the charges are true.

The courts have intervened in several cases where they saw the evidence of misuse or abuse of power by government agencies and even bailed out people out of clutches of the private colonisers, for instance, in the Skipper case. Some other cases readily come to mind — Sheila Kaul vs Shiv Sagar Tiwari, Capt Satish Sharma’s case (though the decision was reversed in this case), and B.L. Wadhera’s case (where former Prime Minister Chandra Shekhar was arraigned). In the latter case, where Gram Panchayat land in Haryana was gifted to a charitable trust and was not being utilised for the purposes contemplated in the relevant law but for personal leisure and pleasure, the land was again given back to the Panchayat. It was held in this case that the Supreme Court could not be silent spectator in such a situation.

In a recent case, it was reported that Bhadson Gram Panchyat was trying to prevent the Panchayat land, costing several crores involving 101 bighas of land, from being swindled and allotted to certain influential industrialists. Earlier, a portion of this land was allotted in 1996 to the custodian department which was held by High Court as without jurisdiction. In the Skipper case, the purchasers of flats at Jhandewalan Tower (New Delhi) were ordered by the Supreme Court to be reimbursed with interest where the respondent company perpetrated a fraud on the victim, invoking its inherent jurisdiction under Article 142 to do complete justice in the facts of the case.

The allotment of land at concessional rates by the Delhi Development Authority to Escort Heart Research Institute does not seem to have reached the Supreme Court. But the matter is pending in public interest litigation in the Delhi High Court where several other hospitals have been arraigned and asked to explain their failure to perform their duties as charitable institutions by giving proper treatment to the poor patients.

In Jayalalithaa’s case, the Supreme Court was faced with a fait accompli but decided that a taxpayer can challenge the misuse or improper use of public property by anyone, including the ruling party, where taxpayers’ money had been spent to build such property. The question in such cases arises as to whether the courts would not act fast enough to uphold the rule of law by doing their best to avoid instances of fait accompli being presented and by acting suo motu.

In one case, the Supreme Court appreciated the petitioner for bringing to light manipulations done by a university in the appointment of a professor. In another case, the court observed that all actions of the state or its authorities and officials must be carried out in accordance with the Constitution and within the limits set by law. The courts can determine not only the constitutionality of the law but also the procedural part of administrative action. The court is also empowered to impose costs personally against an officer responsible for delay in discharging his duty.

In another case, the court took judicial notice of unwillingness and inability on the part of municipal authorities all over India to stop illegal construction or to demolish the same and directed the Central Government to express its views in the matter so that it could consider a suggestion made in the public interest litigation that a law should be enacted for automatic vesting of illegal constructions in the concerned state.

In the Taj Corridor case, the Supreme Court directed the CBI to register an FIR against some officers of the Uttar Pradesh Government, who were responsible for irregularities in sanctioning and carrying out of the said project. The instant case is not a case in which an individual private dispute is involved. There are many applicants who are interested in the allotment of land which vests in the government but which is in the nature of a public trust.

The courts have frowned upon the exercise of uncontrolled or untrammeled discretionary power. The government is not vested with any power to allot land to colonisers for making money and unjustly enriching themselves at the applicants’ cost. An infraction of duty by any statutory or executive authority, to say the least, is an unpardonable act. It not only calls for visitation by a court with exemplary punishment of those guilty but also restoring people’s confidence in the executive machinery by a suitable remedy appropriate in the facts of the case so that no government, howsoever powerful, could take the people for granted.

The powers of the Supreme Court under Article 32 of the Constitution are plenary in nature. It is in the matter of enforcement of fundamental rights that the court has the right to give relief to a claimant. The Supreme Court has, therefore, in a number of cases imposed exemplary damages as a deterrent. The state government has not yet disputed that favourable treatment has been accorded to the colonisers. It is not known whether any one of them was even an applicant. In these circumstances, there could be a violation of the equality clause of the Constitution.

The writer is a former Secretary to the Government of India, Ministry of Law and Justice

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From Pakistan
Wanted militant refuses to surrender

PESHAWAR: Wanted militant Abdullah Mehsud and one of Pakistan’s top military commanders met last week in an effort to bring peace to the troubled South Waziristan tribal region.

Talking to Dawn from an undisclosed location, Abdullah confirmed earlier reports of his meeting with the Corps Commander, Peshawar, Lt-Gen Safdar Hussain, at Jandola Fort in South Waziristan on Nov 8.

However, the 29-year-old elusive tribal militant accused the Army of going back on their words and attacking his native village in a bid to catch him. Rejecting the government’s demand for his surrender, the one-legged militant commander vowed to fight till the end. Dawn

Of Generals & politicians

LAHORE: In Pakistan, both politicians and generals commit blunders; yet, there is hell of difference between the two breeds. The former admit their mistakes and pay the price, while latter, on the contrary, neither admit their acts of omission nor do they pay the price.

This was stated by former federal minister and senior politician Begum Abida Hussain in an exclusive interview with The Nation, a day before Eid. While comparing the two classes of rulers, she opined that both are no exception to acts of omission and commission, but unlike politicians, the generals tend to escape responsibility from their ‘slip-ups’ and put the same on the shoulders of politicians. — The Nation

PM to unfold govt’s agenda

LAHORE: Prime Minister Shaukat Aziz would address the nation on Friday to unfold vision and agenda of his government. He was speaking to a select gathering at the Governor’s House after exchanging Eid greetings with Governor Khalid Maqbool.

Mr Aziz said according to his independent assessment, sales this Eid were around 15 to 20 per cent higher than the previous year’s indicating that the purchasing power of the people had increased. Mr Aziz said there was no personal agenda to advance. “We have to work and we cannot bluff the people with empty slogans,” he said.
Dawn

Remission for 600 prisoners

KARACHI: Home Minister Rauf Siddiqi said that around 600 prisoners were released from different jails in the Sindh province on Eid day with the help of philanthropists and the Governor of Sindh.

He pointed out that the philanthropists paid Rs 5 lakh fine for these prisoners. The prisoners’ imprisonment was ended with remission of three months on Eidul Fitr but they were unable to pay the minor fine, the minister said, adding that this process will continue in the future also with help of the concerned citizens. The Nation

Sikh pilgrims coming

LAHORE: More than 3,000 Indian Sikh pilgrims will arrive here on November 21 by three special trains to participate in the 535th birth anniversary celebrations of Baba Guru Nanak, founder of Sikh religion. They will first reach Hassanabdal to visit Gurdawara Panja Sahib.

During their stay there they will perform religious rituals and visit sacred places of their religion. The Nation

Risk of breathing problems

ISLAMABAD: Studies on health issues have suggested the government to develop health strategies to cope with the increasing risk of acute respiratory problems in Pakistan.

A recent national action plan for the prevention and control of non-communicable diseases in Pakistan had suggested the government to research into quantifying the magnitude and determinants of diseases attributed to indoor and outdoor air pollution responsible for the respiratory problems in the country in both urban and rural areas, it pointed out.

Respiratory problems are responsible for four of the top 10 leading causes of death in the world like lower respiratory tract infections, chronic obstructive pulmonary diseases, tuberculosis and lung cancer. — Dawn

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Just as the body cannot exist without blood, so the soul needs the matchless and pure strength of faith.

— Mahatma Gandhi

Our senses show us the mortal world. Love helps to make it immortal.

— The Upanishads

There are many ways of realising the true objective of life. Some of us do through devotion, by praying and believing and singing the praises of the Lord. They are lifted up above the waves of passion for the Lord and know the joys of living Him.

— The Bhagvad Gita

Those who possess wealth must invest it in doing public sewa, otherwise they will have to turn away disappointed, like the rich man who came to Christ but would not act upon his advice.

— Guru Nanak

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