 |
|
Deranged
system Harvest of
hatred |
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
Breach
of trust
Cooperate
to end terrorism
Gelling
with pen
Sixty years of J&K’s
accession to India The
mafia is the biggest business in Italy Delhi Durbar
|
Deranged system THE Supreme Court’s directive on the immediate release of all mentally ill undertrials languishing for years in various mental asylums is most welcome. It ruled that if the prisoners’ confinement exceeded the maximum punishment they would have undergone if convicted, the criminal trials against them should be closed and they must be released. The ruling needs to be enforced immediately because, as the court noted, the asylums are too ill-equipped to house 377 mentally ill undertrials. It wanted the authorities to, first, get these inmates examined medically before releasing them. Significantly, it ordered that those who had not been charged with heinous offences, which could be punished with life term or death penalty, and were undergoing custodial psychiatric treatment for more than five years should be released on bail by the trial court concerned. Here, again, a fitness certificate from the doctor would be required. While there are no two opinions about Wednesday’s ruling, in the interest of fairness, equity and justice, even those inmates who are not mentally ill and yet languishing in jails without trial or even a charge-sheet for a long time need to be released. Keeping prisoners in crowded jails without trial is not only a violation of human rights but also against the principle of natural justice. There should be no objection from any quarter for an undertrial’s release if he has already completed the maximum sentence he would have got for a particular offence committed by him. Unfortunately, the criminal justice system seems to have collapsed. Despite several recommendations by expert panels over the years, little is being done to improve the conditions in jails. If prisons are considered correctional homes aimed at reforming the inmates, why are the authorities not providing proper facilities to them like airy rooms, clean toilets and healthy food? Union Home Minister Shivraj Patil is yet to implement his two-year-old proposal to amend the Criminal Procedure Code and allow some amnesty in the form of remission of sentence for those who have served more than half their prison term for which they had been charged. Surely, things will improve only when the problem of overcrowding is tackled on a priority basis.
|
|
Harvest of hatred ALTHOUGH the Coimbatore serial blasts case of 1998 involved major offences, including criminal conspiracy, multiple murders and use of deadly explosives, the Special Court avoided pronouncing any capital punishment on Wednesday and Thursday. Instead, many of the convicts have been given multiple life imprisonments while several foot soldiers have escaped with lesser sentences. After all, the heinous terror act left 58 dead and more than 250 injured. What is to be noted is that many of the accused like Kerala-based PDP chief Abdul Naser Madhani, who was himself a victim of terrorism having lost a leg in a bomb attack, have been acquitted for want of sufficient evidence. Even many of those who have been convicted have been released as they had already been in jail for periods longer than the terms to which they were sentenced. But those who masterminded the serial blasts targeted at BJP leader L K Advani have not been spared. They include the founder of the outlawed Islamic extremist group Al-Umma, S A Basha. While Basha was sentenced to one life term and one three-year term for causing communal disharmony, the biggest multiple sentence was given to Abdul Ojir, who was awarded four life imprisonments, seven nine-year terms, 10 sentences of seven years each and two three-year terms. This speaks volumes about the severity of his involvement.That they were not given capital punishment should be seen as an act of mercy. The unruly behaviour of Basha and others in the court is a clear indicator that they have no regrets about what they did. Instead, they tried to give a communal colour to their conviction. Since those convicted were Muslims, they shouted that their community was being singled out. They could not have known that exactly on the day they were being sentenced, a Kanpur court had pronounced its verdict in the 1992 Kanpur riot case in which 11 persons were killed. In that case, the Additional District Judge held 15 persons guilty and sentenced them to life imprisonment. All of them happened to be Hindus. It is such blood-thirsty vendetta killers that the judiciary targets, not any caste or community.
|
|
Breach of trust CENTRAL Information Commissioner Wajahat Habibullah has rightly taken cognisance of the alleged misuse of funds meant for the Prime Minister’s National Relief Fund by the Coal India Limited (CIL). There is merit in his observation that the Prime Minister’s Office should take remedial action against the CIL because the issue is one of misuse of funds meant for the PM’s relief fund by a public authority. It is surprising how India’s largest public sector coal company held back for a decade over Rs 10 crore raised from its employees’ salaries for the PM’s relief fund. All those responsible for this episode need to be punished. According to a PMO report, of the Rs 40.65 crore collected by the CIL from 1999 onwards, only Rs 30 crore has been handed over to the relief fund. The PM’s relief fund enjoys a high degree of credibility in the country. Individuals, employees, and organisations come forward to contribute liberally to this fund with the hope that their donations would be put to proper use. This fund played an important role in providing succour to the families of the Kargil martyrs (1999) and the victims of the Orissa cyclone (2001), the Gujarat earthquake (2001), the tsunami (2004), and the Jammu and Kashmir earthquake (2005). The CIL employees, too, had raised funds for these causes in good faith. The CIC has also directed the CIL authorities to stop harassing Mujibur Rehman, an employee of the coal company. His only fault was that he used the Right to Information Act to expose the mishandling of the funds by the CIL. It was on his complaint that the CIC had asked the PMO to probe the case. A hospital technician, Rehman has already been transferred twice. As he has done his duty in public interest, the government should protect him and put an end to his victimisation. Meanwhile, the ends of justice will be met only if all those responsible for the scam are brought to book.
|
|
I think no virtue goes with size. — Ralph Waldo Emerson
|
Cooperate to end terrorism
After
the Karachi bloodbath on October 19 the global condemnation of the terrorists’ act and commiseration for Pakistan and Ms Benazir Bhutto was on the expected lines. The Indian response, however, stood out for sympathy along with the suggestion for working jointly against terrorism. It was a long-term sufferers’ farsighted response. The whole of South Asia — India, Nepal, Bangladesh, Sri Lanka, the Maldives, Afghanistan and Pakistan — is currently going through internal unrest and upheavals due to ethnic conflicts, insurgency movements, religious fundamentalism or just cussed political polarisation that encourage and use terrorism. We also know that the terrorists’ activities in South Asia have a long history of crossing national boundaries leading to inter-state tensions and, sometimes wars. In South Asia, despite committing themselves to the “SAARC Regional Convention on the Suppression of Terrorism-1987”, the 11th SAARC Summit Declaration in Kathmandu on January 6, 2002, and the Additional Protocol to the SAARC Regional Convention on the Suppression of Terrorism, January 6, 2004, which recognised the importance of updating the convention to meet the obligations devolving in terms of Security Council Resolutions 1373 and 1456, there has been no commitment and, therefore, progress in countering terrorism. Terrorists’ organistions like Al-Qaeda, the Lashkar-e-Taiba, the HUJI, ULFA and the LTTE have developed the ability to finance their activities through charities, drug trade and gun-running. The nexus between drug smuggling and terrorism and the organised flow of arms from the East and the West into South Asian nations by seas and across porous land borders resulting in increased terrorist activities is self-evident. The terrorist situation in South Asia has also deteriorated due to political double-speak, shortsightedness and lack of consensus. Some nations carry the belief that some terrorists can be someone else’s freedom-fighters. Others have used terrorism as an asymmetric war — a weapon of the small to bleed bigger nations. All such notions are puerile! Any pre-meditated and unlawful act of violence against innocent people or non-combatants, irrespective of its cause and motive, is nothing but terrorism. It encourages and breeds more terrorism. We realise this only when we suffer. I have been saying for a long time that “Terrorism is a double-edged weapon. It is like a wicked dog, which often bites the hand that feeds it.” Also that “a proxy or sub-conventional war through terrorists’ activities can easily escalate into a conventional war.” It should now be obvious to everyone that terrorists’ activities are responsible for causing insecurity and instability in the region. It is time we realised that regional security and stability were also a national interest; it is in the interest of every nation. The most important requirement to counter terrorism is for all nations to raise the level of trust and confidence and take voluntary action against terrorists’ activities on their soil rather than respond to complaints from neighbours. Cooperative regional efforts only can produce genuine security improvements, particularly in securing borders and disrupting terrorist financing and movements. We need to work together as genuine counter-terrorism partners. Terrorist activities anywhere will stop only when their fuel runs out. There is a need to defeat the menace in all its manifestations. For that we require regional cooperation and a grand strategy, but essentially of local operatives and doctrines. Some suggestions: One, at the ideological level, this war is between terrorist groups, which do not believe in the values of democracy, and ethnic and religious tolerance. The counter-terrorism grand strategy followed in many countries is far too militarist and operationally focused. It does not cover the ideological milieu adequately. A pure military approach, given the fragility of the institutional framework in operational areas and volatility of developments, can easily descend into anarchy. The “ideologues” should be included in the strategy and the operational fight against terrorism. Two, we need to devise collaborative strategies at the highest level but a uniform top-down strategy cannot be applied everywhere. Counter-terrorism operational strategies and action plans should be worked out for each region and each location. It must take into cognizance the important indigenous and local factors to neutralise terror networks. All terrorist groups have their own characteristics, methodology and footprints. Many of them cooperate with each other for self-interests. It is important that each country facing the problem analyses these factors independently and then we pool this information. Three, a counter-terrorism strategy and cooperation should deal with all aspects of international terrorism: its linkages with transnational organised crime, illicit drugs, money laundering, illegal arms trafficking, and proliferation of nuclear, chemical, biological and other potentially deadly materials and their means of delivery. It should also seek a firm commitment and action to meet cross-border terrorist threats. Four, we have to use all elements of national power; not just military but political, economic and other kinds of persuasion and pressures too. For this, we need both hard and soft power: hard power to crack down effectively on the armed terrorists, and soft power to deal humanely with different societies, their culture, traditions and ethos. The intellectual and psychological dimensions of the threat are as important as its physical dimension. Youth organisations, educational networks, women’s empowerment and local development initiatives should all play a role, with the government as a supportive partner. Here are some important elements of that collective strategy and action plan. Establishment of a regional counter-terrorism centre with experts from different countries to work under a common umbrella to provide professional guidance and secretarial support to the SAARC political leadership and to monitor the implementation of their resolutions in letter and spirit. Greater liaison and coordination for counter-terrorism operations must be ensured. There should be a common data-base at the regional level, multilateral/bilateral intelligence sharing, and a mechanism for joint interrogation of terrorist leaders and important suspects. There must be trust and transparency of action against terrorist sanctuaries in a foreign territory and against countries sponsoring terrorism. Effective action against terrorist funding, gun-running and narcotics production and smuggling is also required. Legal assistance must be provided to each other in matters relating to investigations and prosecution. There is need for capacity building for combating terrorism by intelligence units, the police, the para-military forces and the military in each other’s schools of instruction and thus learning from varied experience. Counter-terrorism in South Asia needs a comprehensive strategy that encompasses political, economic, social, perceptual, psychological, operational and diplomatic issues at regional and national levels. There has to be a holistic approach to all these dimensions. The military response has to be country-specific with local players. The key success factor is the commitment by South Asian nations to work together. The governments of the region need to cooperate, build trusted networks, seek active informed support from their people, provide responsive, effective and legitimate governance, and engage closely with the international community. Only then can we eliminate terrorism, prevent instability and avoid conflict in the region. Do we have the courage to cooperate and genuinely work together, or shall we continue to suffer Karachi-like bloodbaths? Let political leaders of our region decide.n The writer, a former Chief of Army Staff, is President, ORF Institute of Security Studies, New Delhi
|
Gelling with pen He
had long waited for the day. The day when he signed to the world that he was a grown-up too. This red-letter day in all of his 10 years was broadcast in letters blue and bold. He couldn’t get over it… he was finally being allowed to not only brandish but also write with a pen in class. Now no more wistful looks at seniors penning their work with a seriousness that, he claimed, could only come with a blue tip in your hand. He lost no time in bidding goodbye to the dull HBs. They were never his friends anyways, “broke off” when he most needed them and lacked the flair to spice up and lend more colour to his work. That the pen is mightier than the pencil, he had never doubted. His new-felt euphoria saw him go in for three sleek gel pens and a new geometry box. The old pencil box was not zany enough to store his precious-than-life possessions. He had made a strong case for a new bag too but his ma had said a firm no. That particular “no” meant he was stretching her too far. Moreover, it was too soon to forget that he had already had his way when he chose the gel pens over fountain pens. Ma had to be told without offending her in-our-days-it-was-like-that sensibilities that these were the days of gel pens and no one messed around anymore with ancient fountains… at least not the new adults. No sooner did his romance with the pens became official, he began coming up with one excuse or the other for a rendezvous with them at the marketplace. There were so many to choose from, with each better than the other. Though his ma would prefer he select just one of them, his heart rested on one too many. Invariably, the matter would settle at three. Why, the others in the class had at least half a dozen of them, he reasoned. “I want only three… one for English, the second whose ink doesn’t spread for Hindi and the third for both Hindi and English.” Ma never really understood the logic, but she preferred to preserve her sanity by just nodding. Even many gel pens later, his passion for the beauties capable of brainy work remains unabated. Since the day he laid hands on them, he has discovered novel ways of increasing their number. For anybody’s birthday in the house, he soulfully parts with one of his pens. He’s mastered the art of gifting a used pen with such an air of innocence and importance that the receiver feels eternally indebted to him. Only, even before the ink on the gift-wrap has dried, the receiver or ma learns that the debt has to be cleared… with a new gel pen, yet again. The latest deal he wants inked goes thus: could he acquire three good-quality gel pens if he scored more than 80 per cent? The ma’s again left with little choice but to simply
nod.
|
Sixty years of J&K’s accession to India
Today
the relationship between India and the state of Jammu and Kashmir completes sixty years. It was on this day, October 26, 1947, that the ruler of the state, Maharaja Hari Singh, signed the Instrument of Accession with the government of India in Jammu. Although many questions and controversies have been raised from time to time about the legality of the accession, the fact remains that the Instrument of Accession is a legal document duly endorsed by the Governor General of India, Lord Mountbatten the very next day, October 27, 1947. The constituent assembly of Jammu and Kashmir also endorsed the accession. The constitution of Jammu and Kashmir, while ratifying the accession, declared that it was final and irrevocable. The Instrument of Accession was signed in the presence of V.P. Menon, Field Marshal Manekshaw and Dr Karan Singh, the son and successor of Maharaja Hari Singh. While Pakistan has always disputed the legality of the Instrument of Accession, eminent jurist Ram Jethmalani had dared the government of Pakistan, as recently as in the year 2000, when he was the law minister of the country, to challenge the Instrument in international court of law. The Government of Pakistan never reacted to his statement. The Instrument of Accession signed between Maharaja Hari Singh and the Government of India reads: “I Shriman Inder Mahander Rajrajeswar Maharajadhiraj Shri Hari Singhji Jammu and Kashmir Naresh tatha Tibbetadi Deshadhipathi, Ruler of Jammu and Kashmir (princely state), in the exercise of my sovereignty in and over my said State do hereby execute this, my Instrument of Accession and I hereby declare that I accede to the Dominion of India with the intent that the Governor General of India, the Dominion Legislature, the Federal Court and any other Dominion Authority established for the purposes of the Dominion shall, by virtue of this, my Instrument of Accession, but subject always to the terms thereof, and for the purposes only of the Dominion, exercise in relation to the State of Jammu and Kashmir (hereinafter referred to as “this State”) such functions as may be vested in them by or under the Government of India Act, 1935, as in force in the Dominion of India, on the 15th day of August, 1947”. Sometimes the issue is confused with the Instrument of Merger. It is argued that the state has only acceded to India and not merged with it. There is a clear difference between the two. The Instrument of Merger was for smaller principalities as they had to merge with bigger states and not accede directly with the Indian union. And the bigger states like Jammu and Kashmir could later accede to India after signing Instruments of Merger with various other smaller states and principalities. The accession of Jammu and Kashmir with India was not just a territorial agreement. In fact, it reaffirmed the commitment of nationalist leaders like Gandhi, Nehru and Patel in a secular Indian state. Jammu and Kashmir was and continues to be the only Muslim majority state in the country. And to ensure that the state retained its character, special privileges were provided, like Article 370 of the Indian constitution, by the Government of India. Even today Jammu and Kashmir stands as a great symbol of Indian secularism, where the character and identity of the people have been retained, despite so many provocations. Compare this to Tibet, where China is doing everything possible to dilute the distinctive Tibetan identity. After Pakistan attempted to invade J&K, Pandit Jawaharlal Nehru took the issue to the United Nations, something he has often been criticised for. But India had a strong case against Pakistan. Nehru went to the United Nations, apparently at the advice of Lord Mountabatten, with the belief that India would get justice. Maharaja Hari Singh had signed the Instrument of Accession with India and it had legal right over the whole of Jammu and Kashmir territory. But Pakistan continues to occupy a huge area, still known in India as Pakistan Occupied Kashmir. Had Nehru not gone to the United Nations at that time, he would have been criticised for that since India had a valid case. However, it was the United Nations which let down India. Instead of asking Pakistan to vacate the occupied areas, it called for a referendum in Jammu and Kashmir to ascertain the wishes of the people there. But there were certain conditions like withdrawal of troops and invaders from areas occupied by Pakistan. And Pakistan never fulfilled a single commitment to facilitate the process of a plebiscite. Although India was committed to the United Nations to hold a referendum in J&K, quite a number of developments which took place afterwards rendered the UN resolutions redundant and insignificant. Regular elections were held in Jammu and Kashmir in which people participated in great numbers. Presuming that some of the elections were not fair, as is always argued against India, the elections to the state assembly held in 1977 during the Janata government at the centre has been judged fair even by international agencies. These elections are important because Sheikh Abdullah, father of Farooq Abdullah, had returned to the political mainstream after pursuing a secessionist agenda for about two decades. He was overwhelmingly voted to power by the people of Jammu and Kashmir in those elections. This was preceded by the Simla Agreement between Prime Minister Indira Gandhi and Zulfiqar Ali Bhutto in 1972 under which all the bilateral issues were to be resolved mutually by the two countries. In fact there was no direct war between India and Paksitan after the Simla Agreement, although Pakistan has regularly tried to wage clandestine and subtle wars against India by way of insurgency and the Kargil intrusion. The critics of Jammu and Kashmir's accession with India may argue that the people of Kashmir, predominantly Muslims, would never have acceded to Hindu majority India. But according to the Government of India Act 1935, it was not the people, but the ruler of the state who was to decide the future course of action. May be the ruler of the state was in a double mind about acceding to India, but it was Pakistan that forced and expedited his decision to accede to India after Pakistan sent in tribal raiders into Kashmir. But India ensured all legal procedures were followed before the Instrument of Accession was signed and the troops were flown to Kashmir to oust the tribal raiders. Of late India and Pakistan have been seen to be moving close to arriving at some practical and long term solution on Kashmir. However, the political uncertainty in Pakistan has led to the delay in the progress on these negotiations. The situation seems to be no better in India, particularly after the way the Left has been bullying the Prime Minister. Only a strong will devoid of archetypal and strongly-stated positions can lead towards some way out. Otherwise the two countries may continue to spend billions and billions on an issue that should have been settled between them long ago.
|
|
The mafia is the biggest business in Italy The
mafia is now the biggest business in Italy, with organised crime netting mob bosses more than £ 63 billion a year, or 7 per cent of the country’s gross domestic product, from drugs, extortion and prostitution. Last year, the turnover raked in by criminal gangs surpassed that of the Italian oil company ENI by £ 2.78 billion and was almost twice that of Fiat, said a report by the small-business group Confesercenti. Because of a lack of firm evidence, the report did not estimate the mafia’s annual income from drugs, which could be as high as £ 40 billion. Despite high-profile arrests of such notorious bosses as Bernardo Provenzano, the nation’s four main criminal organisations n the Cosa Nostra in Sicily, the Sacra Corona Unita in Puglia, the Camorra in Naples and the ‘Ndrangheta in Calabria are still branching out into previously legitimate industries, such as food, researchers found. Italy’s huge number of small, family-owned firms is particularly at risk of having to pay a pizzo, or protection money, to the mafia. About 80 per cent of Sicilian businesses cough up a pizzo of as much as £ 350 a month, despite another business group on the island warning recently that it would expel any member who paid protection. Tano Grasso, the head of Italy’s anti-racketeering commission, said the mafia made £ 21 billion from extortion last year, with 160,000 businesses, mostly in southern Italy, paying up. As a result, only one in 10 foreign investors set up companies in the south, he said. Theft, racketeering and contraband goods brought in another £ 15 billion, Mr Grosso said, while pirated handbags and DVDs accounted for £ 5 billion and the food industry netted £ 5.2 billion. In Naples, the Camorra runs 2,500 illegal bakeries, while the Cosa Nostra and the ‘Ndrangheta have been quick to spot the profits to be made from illegal fishing, especially of endangered bluefin tuna, Mr Grosso said. The Confesercenti report paints a bleak picture of a country where the burgeoning power of the mafiosi has led to the infiltration of big business as well. “Companies listed on the stock market with headquarters in Milan and Turin are among the victims, not just small shops in the Naples suburbs,” it says. The mafia is particularly active in public works, where gangs control many of the workmen on construction sites. The report alleges that Impregilo, Italy’s biggest engineering group, Condotte SpA, a water pipeline company, and Italcementi, Europe’s largest cement group, all pay off the mafia. Spokesmen for all three companies denied the charges. Loan sharking is another mafia favourite, trapping 150,000 entrepreneurs each year. When ordered to repay loans at a rate of 10 per cent per month, most are unable to do so and file for bankruptcy. According to Confesercenti, 165,000 companies and 50,000 hotels went bust for this reason between 2004 and 2006. Businesses and shops are subjected to 1,300 mafia-related attacks every day and it is the daily drip-drip of protection payments that keeps the mafia going, the report adds. The document singles out the admission of Vincenzo Novari, the boss of the Italian mobile phone company 3 Italia. Reception on 3 Italia handsets is notoriously patchy in the far south and Mr Novari explained the problem, saying: “In some parts of the south the company has not been able to build antennas because [the mafia] demand a pizzo – and I don’t want to pay it.” By arrangement with
The Independent
|
|
Delhi Durbar Gujarat Chief Minister Narendra Modi, who will be striving for a third five-year term on the trot for the BJP, is doing everything to bring to the fore what he believes to be the multi-faceted development and inclusive growth witnessed in the state. The state government has come out with a glossy compilation of various initiatives and programmes undertaken by the Modi regime in the areas of good governance, wealth creation, human resources and “wellness” over the past few years. The document aims to provide a quick overview of the best practices adopted by Gujarat in the sphere of inclusive social and economic development and the key outcomes thereof. The document aims to provide a reference for simulation and further innovation of similar initiatives in India and globaly. Ernst & Young, which has carried out this compilation exercise, observed in a disclaimer that the content of the document is not intended to serve as any investment, legal, regulatory, financial or any other type of advice,or substitute for the readers’ own research. In his public appearances recently Modi has been highly averse to answering any questions about the 2002 communal flare up in Gujarat or even expressing regret.
Dollar power Growing tension between the UPA and the Left parties over the nuclear deal seems to have reduced the relations between the ruling coalition and the supporting ally to a single issue confrontation. As the committee met to discuss a way out of the impasse, the question on everyone’s lips was, would the Communists withdraw support? When the question was put to a senior Left leader, he said “that is a million dollar question”, which tickled the scribes. He added hastily: “I was only using the proverb. It is sad that even the English language has come under American hegemony.”
Hilly terrain The leadership sweepstakes for both the BJP and the Congress in Himachal Pradesh have some similarity with the pre-election scenario in Uttarakhand where assembly polls were held early this year. Like the neighbouring hilly state, the BJP has two senior leaders in the forefront in HP and the party will decide the leadership issue between the two if it comes to power. The Congress is led in the state by a senior leader who is one of the longest serving Chief Ministers in the country. Fortunately for the Congress, the infighting is not as acute as it was in the last polls.
String harmony A nationwide ‘veena arpana’ was set in motion in Rashtrapati Bhawan last Sunday with a Rudra veena recital by Ustad Azad Ali Khan, coinciding with Vijay Dasami. At the same time veena players in their thousands all over the country, representing hindustani and carnatic music traditions, offered veena arpana ”. Such syncronised veena arpanas will be offered annually on the Republic Day, Independence Day, Gandhi Jayanti, the New Year, Vijaya Dasami and Id. This is in response to a call by the Veena Foundation in the national capital to celebrate the ancient veena tradition and perpetuate its place of pride in Indian music. Contributed by S. Satyanarayanan, R. Suryamurthy and Prashant Sood
|
| HOME PAGE | |
Punjab | Haryana | Jammu & Kashmir |
Himachal Pradesh | Regional Briefs |
Nation | Opinions | | Business | Sports | World | Mailbag | Chandigarh | Ludhiana | Delhi | | Calendar | Weather | Archive | Subscribe | Suggestion | E-mail | |
