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The Judge who stood up No religion teaches killings |
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Sex scandal at Moga Another blot on Punjab police’s image The arrests of two top Punjab police officers in connection with the Moga sex scandal were expected but the manner in which the case has been handled exposes a politician-police nexus and systemic malfunctioning. Normally, the matter would have ended with immediate action on the merits of the case against whoever was guilty.
Road to development
Progress!
Turkish invasion can fragment Iraq Malaysian elections a battle over public policy Defence notes
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The Judge who stood up The
passing away of Justice Hans Raj Khanna is a great loss for all those championing the cause of civil liberties and independence of the judiciary. During his long stint as Judge in the Supreme Court, the Delhi High Court and the Punjab and Haryana High Court, he delivered several memorable judgements. Known for unimpeachable integrity and character, he was a profile of courage. In the Habeas Corpus case (1975), he boldly differed with his four brother judges in the Supreme Court and ruled that the state could not be given unrestricted powers of detention. “Detention without trial is an anathema to all those who love personal liberty”, he observed without fear of the Emergency Raj. This cost him the post of Chief Justice of India. And when he was superseded, he simply resigned. The New York Times commented thus: “If India ever finds its way back to the freedom and democracy… someone will surely erect a monument to Justice Khanna”. Equally noteworthy is his stand in the famous Kesavananda Bharati case (1973). In the 13-member Bench, six judges — Justices S.M. Sikri (CJI), J.M. Shelat, K.S. Hegde, P. Jagmohan Reddy, A.N. Grover and S. Mukherjea — ruled that Parliament’s power was limited because of implied and inherent limitations of the Constitution, including those tagged to the Fundamental Rights. Six others — Justices A.N. Ray, D.G. Palekar, K.K. Mathew, S.N. Dwivedi, M.H. Beg and Y.N. Chandrachud — opined that there were no limitations at all on Parliament’s power to amend the Constitution. Justice Khanna, however, took neither side and held that because Parliament had the power “only to amend” the Constitution, it must leave the basic structure of the Constitution intact. Subsequently, this case generated so much debate that in Indira Gandhi’s election case two years later, he clarified that while the Fundamental Rights were part of the basic structure, property rights were not. The Kesavananda Bharati majority verdict with Justice Khanna’s ruling is still surviving the onslaughts by both Parliament and the executive. He was widely respected by the legal fraternity, the academia and the media for his professional acumen and intellectual honesty. He was a man of principle. He promptly resigned as the Union Law Minister in 1977 once he realised that continuing in the post would amount to compromising his principles. The best way to honour him is by standing up for individual freedom and the independence of the judiciary.
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No religion teaches killings The
declaration issued against terrorism on Monday by a large gathering of Islamic scholars at Darul Uloom Deoband, UP, is a welcome development. Its significance lies in the fact that it has the stamp of approval of different streams of Islamic thought. Those who gathered at Deoband, South Asia’s oldest Islamic seminary, to participate in an anti-terrorism conference were of the view that terrorism had nothing to do with Islam, which stood for “peace” and “mercy for all humanity”. In their opinion, killing of innocent people in the name of religion can never have sanction of Islam. Terrorists, who try to justify their destructive activities invoking the Islamic concept of jihad, deserve condemnation in the strongest possible terms in their view. Actually, no religion teaches killing of the innocent. All religions stand for peace and human brotherhood. Yet terrorists have succeeded in using the name of religion to cause havoc all over the world. The problem called Islamic terrorism has become a matter of great concern for most of the world, particularly because of the Taliban’s activities in Afghanistan, which provided sanctuary to Al-Qaida. Many madarsas in Pakistan have been serving as the recruiting centres for terrorist outfits causing death and destruction in Jammu and Kashmir and the rest of India. It would have been better if those behind the Deoband declaration had shown courage to attack the monster of terrorism immediately after it raised its head. Their open denunciation of the activities of the forces trying to hijack the agenda of Islam could have saved a considerable number of human lives. It is true that today many innocent Muslims are also suffering because of counter-terrorism operations or unwittingly becoming the object of hatred of fanatics of other communities. Let us hope the condemnation of terrorism from the Deoband platform, even at this late hour, will help in fighting the menace. The politics of religious hatred should be replaced by the politics of religious harmony and respect for all religions.
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Sex scandal at Moga The
arrests of two top Punjab police officers in connection with the Moga sex scandal were expected but the manner in which the case has been handled exposes a politician-police nexus and systemic malfunctioning. Normally, the matter would have ended with immediate action on the merits of the case against whoever was guilty. But given the involvement of some politicians and senior officers in the sex scandal, attempts were made to shield the accused. The culprits would have gone scot-free had the Punjab and Haryana High Court not taken suo moto notice of news reports and handed over the case to the CBI. The state government’s role has been simply disgraceful. Forgetting its duty, it went in appeal against the high court order only to get a rebuff from the Supreme Court. Worse, the two officers were not even suspended. Apart from the waste of public money, the government interference in the process of law delayed the case. When in opposition, the Akali Dal (Badal) had often demanded a CBI inquiry into matters much less serious. However, as the ruling party it could not accept the CBI probing the extortion racket at Moga. A former Akali minister’s son figured among the accused. It is no secret that the police is used by ruling politicians to protect loyalists and fix opponents. There is need for sweeping reforms in the Punjab Police and restore public confidence in the force. On the directions of the Supreme Court, Punjab has, after much dithering, introduced some police reforms, but these are much less than what the apex court had intended. The police has not been insulated from political influence. The proposed fixed tenure for police officers is less than what has been suggested. Not long ago, a government survey had ranked the Punjab police as the most corrupt in the state. If anything has been done to check financial and moral corruption is not yet visible.
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Any customer can have a car painted any colour that he wants so long as it is black. — Henry Ford
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Road to development
Uttar
Pradesh, known for its caste-based politics, has been witnessing an interesting use of tactics to woo voters. With an eye on the 2009 parliamentary elections, the ruling BSP and the Congress, surprisingly, seem to have found merit in focusing on development-related issues despite caste and community remaining important factors in their strategy. Perhaps, there is realisation that parochial and emotional issues alone are not enough to win the coming battle of the ballot in the politically most important state of the country. Credit must go to Chief Minister Mayawati for bringing UP’s economic growth under sharp focus. While she has been demanding liberal allocation of funds from the Centre for development projects soon after capturing power in last year’s assembly elections, she used the occasion of her birthday (January 15) to force the Congress to think beyond its reported plan to hijack the BSP’s Dalit agenda. Of the schemes announced to mark the wily Chief Minister’s birthday, the Ganga Expressway project and the idea of setting up a 4000 MW power project at Lalitpur with the involvement of the NTPC deserve special mention. The Noida-Balia Ganga Expressway, once it becomes a reality, can transform the face of the state. Beginning at one end of UP and ending at the other end, it will reduce the journey time from Delhi to different important cities and towns in the state considerably. Officially, it is claimed that the journey from the national capital to Allahabad and Varanasi will not take more than six hours and seven hours, respectively. This amounts to bringing about a revolution in road transport. It is bound to give a fillip to industrial development in UP. It, of course, depends on how sincerely the implementation aspect is taken up. The Centre has approved of the idea in its own way. It is to begin work soon for four expressways covering important cities in different states, including the one from Delhi to Meerut. The Congress-led UPA government is believed to have become wiser after Ms Mayawati’s Ganga Expressway project. The Mayawati government’s Lalitpur project is designed to enhance power availability considerably. The endemic shortage of electricity has been the bane of UP. This single factor has been coming in the way of the state’s industrialisation more than anything else. Let us hope it does not become a victim of politics like the Reliance power project planned at Dadri, Ghaziabad. Funds for the projects should not be a constraint as these will be implemented with the help of the private sector. People in general are sick of emotional issues. Any effort leading to large-scale creation of jobs is bound to bring political dividends to the party in power. With a view to preventing the BSP from claiming the entire credit for growth efforts in UP, the Congress-led Central government has expressed its willingness to do all it can for the purpose. Prime Minister Manmohan Singh informed Ms Mayawati during their meeting in New Delhi on February 18 that the UPA government would not be found wanting in promoting the cause of UP’s development. The allocation for the state in the 11th Five Year Plan is going to be 3.5 times higher than that in the 10th Plan. This is not all that the Centre has in the works for UP. A special group has been constituted to prepare a roadmap for the state’s industrial advancement. A liberal financial allocation has been made under the various schemes initiated by the Central government. The Centre is also working on a special development programme for the Bundelkhand region, reeling under severe drought conditions for four years. Last month Ms Mayawati had accused the Centre as well as the previous Mulayam Singh government of being indifferent to the plight of the people of Bundelkhand. The region has special significance for the BSP because of the largest concentration of the Scheduled Castes there. The state government has announced a number of schemes for Bundelkhand with the annual budget, presented on February 12, focussed on helping the people in distress there. The Congress, too, recently launched its drive for recapturing its traditional vote banks by focusing on the plight of the Bundelkhand region. It alleged during its “Hisaab Maango” campaign that the situation deteriorated in Bundelkhand after the formation of the BSP government in UP. Reports of starvation deaths have been received from the region though the Mayawati government refuses to accept it outright. Recently when Ms Mayawati talked of UP’s trifurcation, one of the new states she wanted to be carved out was Bundelkhand. This was the best way to ensure the development of all regions of the state, as she argued. The idea was, however, not liked by most sections of society in the state. That is why she has been keeping quiet since then. She might have shed light on the bright idea primarily to harm the BSP’s major challenger in UP, the SP of Mr Mulayam Singh Yadav, whose support base is scattered all over the state. But no one who gives primacy to economic development could openly oppose it. In fact, the BSP is better placed to take up development issues. It does not have to bother about caste and community factors as much as its adversaries like the SP because of Ms Mayawati’s committed following. But her problem is that she now has her eyes fixed on the prime ministership of the country. That is why she is spending considerable time on expanding her support base in other states. She has shifted her attention back to UP mainly because of pressure from the Congress, which sees a serious threat to its electoral prospects from the BSP’s expansion beyond UP. The Congress finds itself in a tricky situation. It is afraid of aligning with the BSP or the SP as these two parties have prospered because of the Congress having suffered massive erosion in its Dalit and minority (read Muslim) vote banks. Today it is believed to be building bridges of understanding with the SP and trying to take advantage of the BSP government’s failures in Bundelkhand and elsewhere. Whether the war of words between the Congress and the BSP will come to an end after her meeting with Mrs Sonia Gandhi and Dr Manmohan Singh remains to seen. If the two parties, one ruling at the Centre and the other in the state, compete in the area of economic growth, UP can benefit from this considerably. Except for the western part of the state, very little industrial activity is seen in UP. Private jobs are negligible in eastern and central UP. When people talk of employment opportunities they have only the public sector in their mind. The sooner caste and community-centric politics gives way to healthy politics aimed at economic development, the better it will be for UP, as also the rest of the
country.
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Progress!
I
had my first stint as a doctor in a rural dispensary in Punjab. Just at the outskirts of the village where roads led to different directions was a tiny tea-stall. In its simplicity lay its charm. Ram Parsad, the owner, exuded warmth and affection that he passed into whatever he prepared. I was simply bowled over by the manner in which he prepared milky tea. It always reminded me of my late mother. May be because of this I developed an inexplicable fascination for the tea he served. For me breakfast meant two king-size “aloo paranthas” (his wife’s speciality) and a glass of tea. When smoke arose from the village houses before sunset I knew it was time for evening tea. Sipping milky tea laced with plenty of sugar along with rusks or biscuits made of atta from a local bakery had a charm of its own. In summers I used to haunt the spot for cool and refreshing lassi, on rainy days for piping hot and sumptuous pakoras with tea. Not that I was the only one to have developed a fancy to Ram Parsad’s tea, aloo paranthas et al. Hundreds of truck drivers who passed by that road did too. The makeshift tea-stall was a must stop for them. I enjoyed the rustic humour they indulged in sipping steaming hot tea or cool lassi seated on jute charpoys. So much water has flowed beneath the bridge. Now I am well settled in Delhi running a fairly successful practice. During winter holidays the family made a trip to my native town in Punjab. I thought of showing my children Ram Parsad’s tea-stall that was not less than a second home to me some time back. Hence en route our town we halted on the National Highway. So many factories had come up and high-rise buildings too. To my surprise there stood a pizza hut at that very spot where once a tea-stall buzzed with activity. I asked the man on the counter about Ram Parsad who pointed to a debilitated old man with crow’s feet deeply set on the face. On being reminded about the “government doctor” (that is how I was known) he gave me a fatherly hug. I was keen to have the old time milky tea that had drawn me to the place. “Tea-stall........?”, he mumbled. With moist eyes and husky voice he managed to say that most of his farmer brothers had migrated to cities or “phoren lands” selling their land. Came in the builders and big companies. Pointing to rows and rows of multistoreyed flats, he complained, “They want pij..j..a.. not rusks I served. So..........”. He forcibly gave pizzas to children for which he refused to accept any payment. While kids relished pizzas I got engrossed in pondering over the change from the tea-stall to the pizza
hut.
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Turkish invasion can fragment Iraq Iraq
is disintegrating faster than ever. The Turkish army invaded the north of the country last week and is still there. Iraqi Kurdistan is becoming like Gaza where Israel can send in its tanks and helicopters at will. The US, so sensitive to any threat to Iraqi sovereignty from Iran or Syria, has blandly consented to the Turkish attack on the one part of Iraq which was at peace. The Turkish government piously claims that its army is in pursuit of PKK Turkish Kurd guerrillas, but it is unlikely to inflict serious damage on them as they hide in long-prepared bunkers and deep ravines of the Kurdish mountains. What the Turkish incursion is doing is weakening the Kurdistan Regional Government, the autonomous Kurdish zone, the creation of which is one of the few concrete achievements of the US and British invasion of Iraq five years ago. One of the most extraordinary developments in the Iraqi war has been the success with which the White House has been able to persuade so much of the political and media establishment in the US that, by means of “the Surge”, an extra 30,000 US troops, it is on the verge of political and military success in Iraq. All that is needed now, argue US generals, is political reconciliation between the Iraqi communities. Few demands could be more hypocritical. American success in reducing the level of violence over the last year has happened precisely because Iraqis are so divided. The Sunni Arabs of Iraq were the heart of the rebellion against the American occupation. In fighting the US forces, they were highly successful. But in 2006, after the bombing of the Shia shrine at Samarra, Baghdad and central Iraq was wracked by a savage civil war between Shia and Sunni. In some months the bodies of 3,000 civilians were found, and many others lie buried in the desert or disappeared into the river. I do not know an Iraqi family that did not lose a relative, and usually more than one. The Shia won this civil war. By the end of 2006 they held threequarters of Baghdad. The Sunni rebels, fighting the Mehdi Army Shia militia and the Shia, dominated the Iraqi army and police, and also under pressure from al Qa’ida, decided to end their war with US forces. They formed al-Sahwa, the Awakening movement, which is now allied to and paid for by the US. In effect Iraq now has an 80,000 strong Sunni militia which does not hide its contempt for the Iraqi government, which it claims is dominated by Iranian controlled militias. The former anti-American guerrillas have largely joined al-Sahwa. The Shia majority, for its part, is determined not to let the Sunni win back their control of the Iraqi state. Power is more fragmented than ever. This all may sound like good news for America. For the moment its casualties are down. Fewer Iraqi civilians are being slaughtered. But the Sunni have not fallen in love with the occupation. The fundamental weakness of the US position in Iraq remains its lack of reliable allies outside Kurdistan. At one moment, British officers used to lecture their American counterparts, much to their irritation, about the British Army’s rich experience of successful counter-insurgency warfare in Malaya and Northern Ireland. “That showed a fundamental misunderstanding of Iraq on our part,” a former British officer in Basra told me in exasperation. “In Malaya the guerrillas all came from the minority Chinese community and in Northern Ireland from the minority Roman Catholics. Basra was exactly the opposite. The majority supported our enemies. We had no friends there.” This lack of allies may not be so immediately obvious in Baghdad and central Iraq because both Shia and Sunni are willing and at times eager to make tactical alliances with US forces. But in the long term neither Sunni nor Shia Arab want the Americans to stay in Iraq. Hitherto the only reliable American allies have been the Kurds, who are now discovering that Washington is not going to protect them against Turkey. Very little is holding Iraq together. The government is marooned in the Green Zone. Having declared the Surge a great success, the US military commanders need just as many troops to maintain a semblance of control now as they did before the Surge. The mainly Shia police force regards al-Sahwa as anti-government guerrillas wearing new uniforms. The Turkish invasion should have given the government in Baghdad a chance to defend Iraq’s territorial integrity and burnish its patriotic credentials. Instead the prime minister Nouri al-Maliki has chosen this moment to have his regular medical check up in London, a visit which his colleagues say is simply an excuse to escape Baghdad. Behind him he has left a country which is visibly falling apart. By arrangement with
The Independent |
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Malaysian elections a battle over public policy KUALA LUMPUR: For over half a century, Malaysia has stood out in Southeast Asia as one of the few regional countries with a dependable formula for economic development. Its economic growth has been phenomenal. Malaysian infrastructure – roads, communication networks, electricity and water supply systems – are world class. These are constantly being improved. Notwithstanding being an Islamic republic, the multicultural and multireligious base of the Malay society has often been lauded. Quintessentially, there had been a mix of moderation with a harsh state apparatus. Malaysia won its independence from the British yoke in 1957 and had its initial pangs of freedom and democracy. Singapore got separated and there were bloody race riots in 1969. These frightened the leadership as well as the public. A formula to establish long term stability was worked out. This tacit agreement gave the majority ethnic Malays, with 60 per cent of the population, dominant political power and the benefits of affirmative action policies, while the ethnic Chinese, representing 25 per cent, were given unfettered opportunities to further their commercial talents. But eight per cent Indians, mostly Tamils, were ignored in that equation. Most of them had come as indentured labour in 19th century. This affirmative action preferred the original inhabitants of this Peninsula, the Malays or Bhumiputras. They all along got favoured treatment; government jobs, industry or business. Much of it they deserved as they were to be lifted up from abysmal poverty and illiteracy. But the allegation is that the system was over exploited; no new business or industry could come up without their partnership. And soon a powerful class of Malays emerged that became extra rich and politically powerful without putting in much labour. Corruption now seeping in all sectors threatens to dissipate the gains of the past hard work. At stake is not only an efficient administration, but the economic progress. This unequal treatment has created several classes not only among the Malays but even among the people of Chinese or Indian origin, bringing the very social fabric under severe strain. There are strident voices among those who are exploited and those feel their pie would now be taken away by the have-nots. At the political plane, the ruling coalition Barisan Nasional, that has governed since independence in 1957, maintains it represents all major races and can keep peace and stability. It is dominated by the United Malays National Organisation (UMNO) that portrays opposition parties as racially divided and a threat to stability. This coalition has been securing massive mandate making the country reel under one particular political grouping and with its attendant problems of misuse of power, arrogance and corruption. The chasm between the rulers and ruled is widening and disturbing. Indians under the banner of the Hindu Rights Action Force (Hindraf), a rights group of ethnic Indians, has been leading protests to draw attention to their plight and discriminatory treatment. Under Malaysian laws and practices, the protests are not much appreciated and the state has draconian laws like our TADA and POTA. There are dissenting voices elsewhere too. There are serious issues of civil liberties, transparency, price rise and corruption. Media unlike in other liberal democracies is often under tight control. This for nothing that the Prime Minister Badawi admits, “What the government says, the public does not believe. What others say they believe. Please believe us we are your government and we do not lie”. It is under these circumstances that the government has called for an early election on March 8 this year instead of mid 2009. The elections boil down to a battle over public policy and reputations. There may be no threat to the present coalition still emerging victorious. But nothing of the past performance was expected that had yielded 90 per cent seats. There may be surprising political casualties. The threat could come from various quarters. The present section of the rulers of Indian origin in the MCI party may lose much of their shine. Hardliners as well as the party of the former deputy Prime Minister Anwar Ibrahim who is debarred till April this year from contesting could pose a threat. The electorate is unhappy over rising prices, racial tensions and street crime. The big question is: would the Malaysians really get a strong opposition to make democracy more vibrant? The present coalition since 1969, most observers note, is set to win this year too. Yet Malaysia’s election in all probability could broaden the course of economic and social policy to benefit more people and be a more liberal dispensation.
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Defence notes A missile warning system, this time being developed in association with the European consortium EADS, is to be tested soon. DRDO’s Defence Avionics Research Establishment (DARE) is developing this missile with EADS for the Indian Air Force (IAF). EADS officials, who were present at the recently concluded DefExpo 2008, disclosed that the deliveries for the missile system were already complete and the integration tests for DARE's multi-sensor self protection suite was in place. The tests are expected to be conducted over the next four months. Overhaul needed Chief of Air Staff Air Chief Marshal Fali Homi Major recently said that there was an immediate need to overhaul the country's air force. In an interview with a defence magazine, he said that except for the newly acquired Su-30 MKIs, IAF needs to replace and augment nearly 100 per cent of its fighter, transport and helicopter fleet. Most aircraft were around 20 years old or more, and would need replacement even after their useful lives are extended by around 10 years or so, with new onboard avionics and missiles. This is because the airframes and engines would still remain the same. New army medical college A new medical college, Army College of Medical Sciences (ACMS) at Delhi Cantonment is to commence its first MBBS course in the next academic session. ACMS, affiliated with the Guru Gobind Singh Indraprasth University, Delhi, has been established under the aegis of the Army Welfare Education Society (AWES). This college is for children of Army personnel, including Short Service Comission officers who have served the force for ten years. Children of officers from Army Medical and Dental Corps presently serving in the Air Force or Navy but have served the Army for 10 years, and are members of Army Officers Benevolent Fund, will also be eligible to apply. Similarly, wards of Military Nursing Services and Army Postal Services who have served in the Army for ten years are also eligible. Admissions to 100 seats will be based on a common entrance test to be conducted by Guru Gobind Indraprasth University. After completing the course, the candidates will have to join the Army as short service commission officers in the Army Medical Corps. Naval defence Leading European Naval Defence Systems organisation, DCNS, has announced the setting up of their Indian subsidiary. The subsidiary, to be called DCNS India, will be established in Mumbai and will become operational in mid-2008. The subsidiary will be oriented towards design, service to naval shipyards, and sourcing of components and materials in the Indian industry. This company will work for current projects such as the Scorpene submarines, and for future
programmes.
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