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The Left at crossroads
Shift in India’s Afghan policy |
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The rot deepens
Towards new beginnings
Daddy’s girl!
Towards effective crime investigation
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The Left at crossroads
TO say that the political Left in the country is at crossroads would be an understatement. Following the Left Front’s comprehensive rout in the West Bengal Assembly election, notwithstanding V.S. Achuthanandan’s heroics in Kerala, leaders of the Left have been quick to concede the need for introspection’. But while the CPI’s A.B. Bardhan has at least been candid in admitting that ‘arrogance’ of power led to the rout, CPM general secretary Prakash Karat sought to give a different spin this week. Pointing out that the Left Front had polled 41 per cent of the votes in Bengal this time, he warned against any attempt to write the obituary of the Left. In any case, said Comrade Karat with a brave face, electoral politics was just one part of the party’s agenda. Political struggles and agitations, he added ominously, were still open to the party. While one does not really expect the Left to publicly admit how hopelessly out of touch they had grown with life and people outside their party offices, the Indian Left needs to re-invent new ways of doing business and politics. They have already initiated the process, hobnobbing with the BJP, the AIADMK and other political parties they would once have considered untouchable. But they need to do more. The irony of the unexpectedly good performance in Kerala would not have escaped the comrades. While the Left has been opposed to a ‘personality cult’, even Comrade Karat was forced to admit that Achuthanandan played a major role in turning its fortunes around. There are other, more serious, issues that the Left needs to re-assess, among them the relationship between the party and the government. Other parties too are often forced to reconcile the conflicting interests of the party and government. But none of them is as intrusive, overbearing and authoritarian as the communist parties. With differences between the Congress and the BJP getting blurred by the day, there is certainly space for the Left to make its presence felt. That is, as long as ostrich-like, they do not bury their head in the sand and refuse to acknowledge wrong policies and priorities.
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Shift in India’s Afghan policy
Prime Minister Manmohan Singh’s recent visit to Kabul was more significant that his earlier one owing to four main factors. One, it came immediately after the killing of Al-Qaida chief Osama bin Laden in Pakistan’s garrison town Abbottabad, leading to strained relations between the US and its “key ally” in the war on terror. Two, the international community has expressed its readiness to encourage Afghanistan President Hamid Karzai to induct in his government the Taliban factions (the good Taliban) willing to give up the path of violence as advocated by last year’s 60-nation London conference. Three, there is new willingness to allow India to play a more significant role in the reconstruction of Afghanistan in view of Pakistan having been exposed as an undependable nation in the fight against global terrorism. Four, India cannot afford to ignore the fact of China increasing its presence in Afghanistan, which may ultimately benefit Pakistan. Yet, Dr Manmohan Singh avoided targeting Pakistan while expressing his views on the need for the countries in the region to work together to eliminate the scourge of terrorism. He also made it clear that there was no likelihood of India undertaking a US-style exercise to flush out the terrorists in Pakistan on India’s wanted list. He reiterated India’s assurance to Afghanistan to help it in all possible ways to rebuild its infrastructure. Kabul will now get another $500 million development assistance from India, taking New Delhi’s aid to Kabul to $2 billion. India has no intention of involving itself militarily in Afghanistan. It will, however, continue to train the Afghan police, as desired by the Karzai government. What is more significant than all this is that India is ready to accept the reality of the “good” Taliban as part of the government in Kabul. This is a clear policy shift, but unavoidable under the circumstances. This may help blunt the Pakistani propaganda that India is opposed to any reconciliation effort to normalise the situation in Afghanistan. In fact, it is difficult to go against the international view that the Taliban movement can be weakened by dividing it and then taking on the hardcore groups head on. What is also needed is a drive to ensure that there is no outside intervention (from Pakistan) in the affairs of Afghanistan. |
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The rot deepens
Mass copying in state-level examinations is so common in Punjab that it has virtually ceased to surprise. PCS selections have got debased. However, cheating is still rare in UPSC, IIT and IIM examinations. That is why reports of unfair practices adopted in a joint test for admission to the Indian Institutes of Technology have come as a shock. That this has happened at a private engineering college in Bathinda is a pointer to the poor regulation of the mushrooming professional colleges and universities. To cash in on the craze for professional education, engineering, management, nursing and B. Ed. colleges are being set up largely as commercial ventures by persons of questionable qualifications and morals. When the aim is just to make money, irregularities are inevitable. It does not matter then what kind of teachers and principals are hired. Cheating in an examination can be arranged. Question papers can be made available before an examination for a price. Infrastructure provided may not be adequate but affiliations of reputed institutions and inspections by their teams can be managed. It is true the number of institutes like the IITs, which ensure a bright future for their students, is limited and many talented students fail to get admission despite hard work. In the scramble for limited seats, parents and students tend to use all means, including money power, to achieve success. It, therefore, comes as a relief that the lure of money could not stop the IITs’ team that caught the principal and two teachers of the Bathinda college for helping some favourite examinees. The IITs have given them exemplary punishment and blacklisted their college. It is hard to say if any university or authority in Punjab would have acted that firmly in a similar case. Politicians here immediately jump to the rescue of anyone influential in trouble. Officials not doing their bidding are dumped. A Punjab minister has got transferred an inconvenient but upright IAS officer who tried to stop the rot in Punjab’s education. |
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Trust yourself. You know more than you think you do. — Benjamin Spock
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Towards new beginnings
THE just concluded mini general elections come as a salutary reminder of the health of India’s raucous democracy. It works. This is a huge and precious certificate at a time and when so much of the world around us is full of troubles. We tend to be blasé about this asset, and some take too many liberties with it for personal gain, breeding unwarranted cynicism and gloom. This negativism about ourselves and faith in our future keeps us from realising our full potential sooner The latest results have delivered a body blow to the Left, especially in West Bengal where 34 years of rule and latter-day misrule has been justly punished. This is more than mere anti-incumbency. The ideological rigidity of the Marxists and local aggrandisement, with the gradual conflation of party and state, have brought nemesis. The feisty Mamata Bannerjee met fire with fire and must now show both magnanimity and wisdom in taking the state forward after years of slumber. Nor should she seek a pound of flesh at the Centre as that could prove counterproductive. In Tamil Nadu, blatant corruption and naked family rule have earned popular disgust. The Congress has fared badly for keeping company with the DMK and being willing to be blackmailed by it. Kerala has seen the usual see-saw with the UDF squeaking in narrowly. It too needs positive government and development. The one triumph of the Congress has been in Assam where terror and mindless agitation have been rejected. This is now a time for reconciliation and bold development, strides in cooperation with its northeastern partners and in fostering wider regional cooperation. Assam is the sheet anchor of and dynamo that can charge the entire Northeast. It has to perform that function for its own progress. Like the Left, the BJP, barring some by-election victories, has done poorly. Its overweening rhetoric has not found favour with the people. Both the Left and the Parivar are a house divided and need to introspect. Over the next few years it is entirely possible that the political spectrum will undergo change. Extremist elements at both ends are likely to move to the lunatic fringe, advocating fanaticism and violence, leaving the moderate elements to become nuclei of social democrat and liberal conservative parties. They will gain adherents from the Congress Parivar which could morph into a centrist liberal democratic party. Underpinning this would be a host of regional parties formed as a result of the constant upwelling of the underclass from below. This process could take another 20-30 years to play out even as these new formations form alliances and coalitions with the national players. This may seem an idealistic hope, but is more likely to occur than not. Meanwhile, the Congress has the opportunity to learn and reform and get over a tendency to procrastinate (promising jam tomorrow). As many as 125 years after its foundation, it must renew itself as the leading party of reform, fraternity and strategic leadership in a fast changing world. It is well placed as a centrist party to build a grand coalition as in 1992 for charting the future. Social reform is going to be even more important than economic reform though both obviously must march hand in hand. It has boldly to combat the nostalgia for the past by many breeds and brands and alliances of Luddites who still believe that the land was, is and shall remain India’s only salvation and whose understanding of the environment is static rather than dynamic. A great opportunity for external leadership comes with the ludicrous farce played out in Abbottabad over the taking out of Osama bin Laden. Pakistan outdid itself in double speak with the punch line coming from its foreign secretary who declaimed within days of the event that Osama bin Laden’s death was now history and it was time to “move on” — but from what to where? Pakistan’s inability to confront reality from the day of its birth has caused it to “move on” from one fantasy to another at the cost of its soul. Its so-called “ideology” is in shreds, with none able to define its concept of Islam, identity, education, khaki democracy, federalism, or on-off constitutionalism. “Who was responsible for the birth of Al-Qaida?” asks Yousuf Raza Gilani. Pakistan’s double speak is closely matched by that of the US and other Western mentors, who funded Pakistan to create and recreate the Al-Qaida and Taliban monsters and build a nuclear arsenal through global pilferage and proliferation. The earlier and more recent Kerry-Lugar Amendments against nuclearisation and misuse of American military assistance by Pakistan have been observed in the breach only to be rewarded. The enormous “collateral damage” to India — far greater than anything the US has suffered — has been glossed over with gratuitous homilies urging it to make further “concessions” on Kashmir, Afghanistan and otherwise to Pakistan, which “ideologically” regards India as a hate object and prime enemy. Mr Gilani protests too much. Yet this is no time to gloat over Pakistan’s misfortunes but once more to hold out a hand of friendship and solidarity by promoting the recently resumed peace process through frank dialogue, cross-border interactions and commerce. Any breakdown or, worse, break up of Pakistan would not be in India’s interest. The preceding recital of Pakistan’s many defaults is not intended to put it in the dog-house or stoke sentiments of revenge. It is, however, necessary to put the record straight so that everybody knows that this is not a sign of bravado or despair but of mature statesmanship aimed a recreating a new South Asian and wider regional future. The US can assist by cutting military aid to Pakistan with the warning that a rogue army and the ISI must be firmly placed under civilian control. Further, if “Islamabad” objects, it should know that it will lose part or all of its civil aid as well. The Pakistan economy is on drip and military blackmail by a “frontline” ally-that-is-not-an-ally would soon be shown up as an empty threat. Would this be humane? Yes, more humane than allowing Pakistan’s military-mullah-feudal combine to operate lethally behind the equivalent of a national human shield to stifle both civil society and
democracy.
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Daddy’s girl!
As I neared the traffic signal the green light turned red forcing me to bring the car to a screeching halt. To while away time and with nothing better to do, I glanced around at the people waiting impatiently to race off. Suddenly my eyes fell on the person to my left. He was on a motorbike with a child in front, not more than five years old. The young girl sat facing the man, her father I presumed. She was smartly dressed in a yellow summer dress except, but her short and curly hair were unruly and directionless, messed up by the two-wheeler ride. The man indulgently looked at the girl and was rewarded with a toothless smile. Without saying a word he started untangling her black-brown hair with his fingers. Personally I felt he did a good job at it, but he seemed dissatisfied with the result. Like a magician he produced a small comb out of the thin air. Painstakingly he began combing her hair, not leaving even a single strand untouched. The girl, unmindful of the man’s effort, kept herself busy by fiddling with the buttons of his shirt. The whole scene transported me to my childhood days when with the entry of a new member in the family, my baby sister, it had fallen upon dad to take care of me. My dad used to wake me up, dress, feed breakfast and finally drop me off to school. However, the most important part of getting me ready was doing my hair. Although my long flowing mane was a matter of pride for my parents, mornings were ridden with panic to get my plaits right. Strict convent rules meant I could neither leave my hair open nor make pony tails. So my dad was left with no option but to learn to make plaits! Sitting on the bed with folded legs dad would divide the hair into two equal parts with the precision of a mathematician. He would then go ahead and braid them, ensuring that no hair was left out. Finally, once complete, ribbons were tied on the plaits like a victory flag atop a mountain peak. Surprisingly, with due practice dad picked up the art of making my plait, which was a daunting task even for my mom. In fact, he became so good at it that I insisted he continue long after the responsibility of getting me ready was handed back to mom. A soft smile played on my lips remembering the days of immaturity and how dad put up with my tantrums, giving importance to all those things that mattered to me. Suddenly loud persistent honks by irritated drivers jolted me out of my reverie. I hurriedly waved at the girl before the motorbike speed off towards its destination. As the girl waved back I realised that daughters have a special place in their father’s heart. We are all daddy’s girls and shall remain so
forever!
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Towards effective crime investigation Crime is a fact of the human species, a fact of that species alone, but it is above all the secret aspect, impenetrable and hidden. Crime hides and by far the most terrifying things are those which elude us. — Georges Bataille
Investigation seeks to look beyond what meets the eye while crime investigation envisages and makes incumbent upon the seeker to dwell deeper into the skin of the mystery or issue at hand. While doing so, professionals are bound by certain legitimate, ethical and procedural instrumentalities under the due process of law. It may seem to hinder the undesirable fast-forward mode of investigation to show quick results. However, it goes a long way in establishing the culpability of the accused beyond all shadows of doubt to prove the guilt to the hilt, thus enhancing the credentials of the investigating agency in the eyes of the judiciary. In India, crime investigation is primarily vested with the police under section 156(1) of the Criminal Procedure Code as also by order of a magistrate vide section 156(3), who is empowered to take cognisance of an offence under Section 190. The Central Bureau of Investigation was initially handling economic offences involving frauds etc, but later it has been entrusted with other sensitive cases having serious ramifications in criminality. The National Investigation Agency was created in 2008 to exclusively tackle crimes of terror.
Crucial tasks Investigation into crime warrants the police hurrying to the scene; protecting the site; informing concerned quarters on actionable information given out of the situation; sending for emergency services like ambulances; summoning the forensic experts and detectives; beginning to look for and collection of evidence; carrying out searches and effecting seizures; making witnesses join in; apprehending suspects followed by sequentially and chronologically documenting the entire process of investigation by writing case diaries and preparing judicial papers; and establishing the correct and unmistakable identity of the accused. These are some of the tasks that need immediate attention of the investigators, besides employing modern technologies, like cell phone interruption, clandestine recording, surveillance, etc. Adhering to the internationally acceptable best practices is the crux of all that is modern, in the present-day scenarios of mutual interest and sustenance between nations. Crime having local and international ramifications has to be met with same standards, principles, norms and practices. The principle of optimum standard of proof has to be followed at all costs. Being a little extra vigilant will be good not only for the investigation but trial too. Robert Peel, Father of police reforms in the UK, says, “It is common, we suppose, to all men, who find themselves involved in some unexpected and — as they think — undeserved difficulty or danger, to exhale the first impulses of vexation in reproaches against those, whose folly or wickedness have led to their embarrassment.”
There may be circumstances, where tangible, direct or forensic evidence may not be found. Hence collecting enough circumstantial evidence to corroborate the commission of crime at the hands of suspect will always be met with appreciation and concern by the courts as against a flawed manufacturing of padded layers of guilt on the accused. Investigation is a multi-directional activity that sees, foresees, imagines, suspects, but doesn’t think loud enough, since the dire straits of procedures restrict, and rightly so. A good investigator should keep the prosecution story in mind and also pre-suppose the defense side during the trial that will follow but it is desirable and advisable not to be unfair to the suspect or the accused, in trying to “fix him well.” Denying the suspect his ‘Right to silence’; ‘ insulation against double jeopardy’; ‘right of private defense’; ‘acts done as sudden and grave provocation’; and above all, matters of privacy, including intrusion should not be lost sight of by the investigators. The Constitution of India guarantees every person right against self-incrimination under Article 20(3). The ‘Right to silence’ is well established and forcible intrusion into one’s mind. It made the Supreme Court of India declare the narco-analysis, brain-mapping and lie-detector tests as violation of such a right.
Classical example The investigation should clearly bring out the occasion-cause-effect chain, into building up the corpus delicti. If a criminal act is incidental enough, not preceded with preparation, leading to its execution, followed by a transparent and unquestionable subsequent conduct, then trying to prove the guilt on the suspect may never succeed during the trial. The classical example to support and sustain this view point is of the experiment, when the baby-monkey was put under her feet by the mother-monkey, to gain some height, in a water filled glass jar, when the levels started reaching her nose and she began to apprehend and confront her own death right in her face. Thus, a criminal’s predicament, mental disposition, plus any provable and scientific and biological inclination towards committing crime, should be also taken into consideration in assessing and assuming his culpability besides mens rea.
Comprehensive database As for crime control, K. Koshy, former Director-General of Police, Bureau of Police Research and Development, says that a comprehensive database on wide ranging subjects like details of residents, criminal backgrounds, data on crime, stolen and abandoned vehicles, drug cases, money transaction and movements of persons can help in not only preventing and controlling but investigating crime. The Village Crime Notebook, as envisaged by the Punjab Police Rules, if maintained properly and linked online with databases like Unique ID number, bank transactions, hotel occupation, BC Rolls, hue and cry notices, stolen vehicles and automobile registration details, accidents, if done on real-time basis, can detect patterns and track movement of criminals and suspicious persons, can help prevent common crimes and economic offences. The best example of this is the use of data mining techniques involving the COPLINK project in the US. Proactive policing as in the New York City Police Department suggests proper locking and securing houses and buildings, burglar alarms, architectural and town planning designs to make crimes more difficult. If the Patrol Officer is sensitive to any unusual things in the area and probes it, many an untoward incident can be prevented. A classic example is the Broken Window approach suggested by James Q. Wilson and George L. Kelling. Prevention will largely depend on how civil society enjoins upon itself and follows self-discipline and the rule of law. Placing trust in the law enforcement agencies is of paramount importance. Otherwise, vigilante actions are sure to follow, howsoever bottled up or repressed a community may be. In the sixties, the Police Youth Club system was introduced in the US, proactively targeting the potential offenders who exhibited signs of rebellion, even while being in school, to divert their energies to more creative activities like sports, games and social service. The Regional Employ-Ability Challenge (REACH) Project supported by the European Union and kids projects in Durham, UK, are other examples.
Important clues Integration and availability of huge databases from public domains like payment of toll on highways, telephone call records, list of train and airplane reservations, hotel occupancy, purchase of vulnerable material like explosives, Ammonium Nitrate, etc and software to analyse and link these seemingly unconnected data can help the professionals more scientifically in the task of crime control. In the Parliament Attack case, cell phone calls analysis provided the most important clues. Mafias of various shades and sizes exist the entire world over and their favourite indulgences include narcotics, currency, artifacts, body-shopping etc. Natural geographical features and political conditions make possible things like ‘Golden Triangles’ and ‘Silk-Routes’. Likewise, you can grow opium in Afghanistan; smuggle narcotics through Malaysia, Myanmar and Nepal; or even dump fake currency in India printed in Pakistan via Nepal, Indonesia and Malaysia. An investigator has to be compassionate. He should have wide contacts and clear objectives besides ability to collect documents, preserve evidence, effect recoveries and assists in prosecution. He should take care to record witness statement and undo the suspects alibi. More important, he should be an expert in building up corpus dilecti. Investigators and crime-busters will have to start big that can be made small, but not always start with small, that cannot be made big, as it happened in the Arushi murder case.
The writer is the Inspector-General of Police, Criminal Investigation Department, Haryana.
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The myths
Participative policing
Quality investigation
Limitations
The name of the writer of the article “The myth and reality about the Global Indian,” published on the Op-ed page on May 16, is Vipul Grover. His name had inadvertently got left out — Ed
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