EDITORIAL
Friends
At the outset wishing all our readers and the nation a GREAT & PEACEFUL NEW YEAR full of sustained growth with equity.
Looking back over the last month’s happening, there was this touching article – close to 1000 words – in 'The Hindu' by one of the most respected judicial luminaries, Justice V R Krishna Iyer, on the reported statement by the Attorney General Goolam Essaji Vahanvati in the Supreme Court, to the bench headed by Chief Justice S H Kapadia himself. Responding to the writ petition questioning the appointment of C.V.C., the Attorney General made this extra-ordinary oral statement on behalf of the central government, “If the criterion of impeccable integrity has to be included, then every judicial appointment can be subject to scrutiny. Every judicial appointment will be challenged”.
It is only fair that Justice Iyer felt deeply outraged at this impudent utterance from the top legal spokesman of the Union government and by extension, of the country. His sadness and pain was very loaded, when he wrote “This is scandalous, a shock and a shame”. “Let the nation awake to this implicit slander”. With deep disappointment he questions “Does that statesman, Dr. Manmohan Singh, support vicariously this dubious statement by the attorney general? Why does the Bar Council of India remain silent when a covert aspersion on the institution of the (highest) judiciary comes up in the open court?” Very searching questions indeed. Yes, it calls for explanations from the highest seat of power in the country. Its indeed sad that even media had nothing to say. Even our competent Law Minister is quite. Surprisingly, the column, “Letters to the Editor” had no response from “VOX POPULI”, even for over a week, while there were letters galore on Radia Tapes, WikiLeaks, JPC and others including, degrading to women ‘triple talaqs’, and those funny fatwas. What do we call this, media apathy? or readers apathy? on an issue of such significance. Or could it be that our level of sensitivity is such that we cannot understand its significance?!
So, the issue of CVC-PJ. Thomas, is coming to haunt the UPA government, in particular the Prime Minister Singh and the Home Minister Chidambaram, who forced him on an unsuspecting nation, despite the opposition from Sushma Swaraj, the opposition leader. Ever since his appointment some 2 months ago neither PM/HM combine nor the CVC PJ Thomas must have had peaceful nights. With a kind of unenviable baggage that PJ Thomas carried from Kerala to Telecom to CVC, he became a bit of hot potato and the UPA government in New Delhi was keen to dump him. It is true that it was of their own making. But they could not visualise the probable load of the liability, with Telecom Raja no more remaining Raja.
Right now they are in a royal mess, with Supreme Court being very unhappy with the appointment of PJ Thomas and doubting the very basis of his objective functioning. Having appointed, the union government cannot sack the CVC without reference to Supreme Court. And it can only be done on the ground of “proved misbehaviour and incapacity”. Yes President Pratibha Patil can sack him, but only on grounds as enunciated in the law. Right now, from both angle, government can only draw blank. So, how these two of the best brains, of our mother India, could make the government walk into such a tight corner? Simply, over-confidence or could it be arrogance! So the only course left to the government was to ‘ask him to resign’ and the news is “he has refused to step down”. The other day apex court asked the CVC “why are you continuing”, despite there being a pending charge sheet? and issued notice to both the union government and the CVC. While Attorney General accepted the notice on behalf of the union government, he declined to accept the notice on behalf of the CVC. So suddenly, the CVC Thomas has become an untouchable, that the central government not only does not want to defend him, but also do not want to accept even a notice on his behalf. Isn’t that extra-ordinary? Yes, CVC may hire his own top lawyer to defend him at the cost of public money, but it looks, clearly there are sharp differences between the government and the CVC, and this indeed could complicate matters. However it is reported that Thomas has offered to resign provided all charges on Palmolein Oil import case is dropped. Under the circumstances of its own making, the union government shall find it very hard to accede to this proposal of PJ Thomas as a ‘quid pro quo’ for his resignation. It only proves the adage “there can’t be smoke without the fire”. Yes indeed, the government in New Delhi is in a sorry mess. As a national daily puts “it deserves no one’s sympathy for having behaved so arrogantly by riding rough shod over all concerns of propriety and good sense when it first forced Thomas as CVC”. Rightly put.
The report “Jairam denies ill intent as Pawar pleads with PM” has only brought to limelight the nexus of big money and politics. Yes, the controversial Lavasa project has indeed turned into a bit of political spat. While one can suspect a bit of activism in Jairam Ramesh , the minister of environment, none can fault his integrity, the same cannot be said of big bully Pawar. Sharad Pawar, probably the most powerful politician in Maharashtra, is known to be a friend of big money and his record in public life has left many questions unanswered, since his days as Chief Minister of Maharshtra. Right enough he has admitted his role in roping-in big time construction giant HCC into Lavasa project development. What he has not publicly admitted is the introduction of his daughter and his son-in-law into the value addition of the project. Some kind of a ‘sweat money’ equity holding?! Thus the hackle that Pawar is raising, is pure and simple self centered, whereas the concern of Jairam Ramesh is certainly not similarly driven with self interest. While country shall not be poorer if Sharad Pawar leaves the political arena or gives up ministership, country needs committed individuals like Jairam Ramesh. We only hope that his commitment to the cause of environment does not reduce him to be a mere activist. There are enough complaints regarding Lavasa project, dirtied by political vested interest. Anna Hazare, the anti corruption activist, has already written to President Prathibha Patil for large scale sleaze in the dealings of the project, while Medha Patkar has gone to town crying hoarse for the displaced tribals. Thus, if Jairam is asking questions, he is only doing his job. We should let him do his job.
Coming to Jairam Ramesh again, there is another issue of SUVs. He had recently called, sports utility vehicles (SUV), as ‘criminal’ and Socially Useless Vehicles, while speaking at a conference on ‘Fifth Sustainability Summit’ of CII. There is a point in what he is saying. It is true that these SUVs are fuel guzzlers and are owned by moneyed people and hence they do not deserve subsidised diesel meant for farmers. Automaker BMW of Germany has taken a strong exception to this reported statement, saying that minister’s remark can affect the growth of auto industry. While refuting the charge of knocking auto industry, he did reiterate that there is need for creating an incentive structure from a fiscal point of view particularly which rewards those industries that promote the objective of sustainable development, that promote energy conservation, water conservation so also protection and preservation of natural resources. Yes, it does reflect the seriousness with which Mr Ramesh handles his job. Two Cheers, Jai Ho! Jairam Ramesh.
If over 60 years, the problem of Israel and Palestine has remained a burning issue, there must be some profound reasons, which may not be overtly seen. Israel is a tiny spec surrounded by some of the wealthiest and therefore powerful Muslim Arab nations and yet had lived precariously browbeating the entire Muslim world. Of course, its trusted ally, the U.S. always stood by it. But it is also an open secret, that whole Muslim world is divided when it comes to rescue the Palestinian cause. This division has kept the Jewish state’s bellicosity alive for all the years and is still continuing.
We have read in the past, about the alleged clearance that Saudi Arabia gave to Israel to fly past its territory to get at Iran, which of course they have denied in all ‘seriousness’. Now comes the WikiLeak dynamite. In one of its communication to the U.S., it has allegedly stated “cut off the head of the snake”, referring to Iran, and its nuclear ambitions. According to this leak of classified US diplomatic cables by WikiLeak, “Countries in the Middle East feel more threatened from Iran rather than Israel.” Isn’t truth sometime stranger than fiction?! And Iran is the friend of Hizbollahs in Palestine!
There was this small report on the glamour page of a Mumbai newspaper regarding the release of a music album “Tees Maar Khan” in a train. Akshay Kumar and Katrina Kaif were the lead pair with Farah Khan. Akshay Kumar & Farah Khan were recounting their experience on train travel of earlier years. Akshay was reportedly traveling in a train from Mumbai to Delhi, some 22 years ago, when he was only 13 years of age. The story was, in Mumbai he had shopped, worth Rs. 650/- (supposedly big money then). On the way, Chambal dacoits got into the train and looted. He lost his shopping and reportedly reached Delhi barefoot. Was he scoring some media points by saying something to the gallery? or could it be true that Chambal dacoits also looted the footwear of a 13 year old? How bad these dacoits were!!! Then the story of Farah Khan was even more strange, who recounted her Mumbai local train-travel and how sometime she was traveling ticket-less because she was ‘in a blinding hurry’. She has reportedly stated that she was a student at St. Xavier’s College in Dhobi Talao near V.T. and was traveling from Santa Cruz to Marine Drive (Both are suburban stations in Mumbai’s Western Railway). It is common knowledge that college students do not buy daily tickets to travel in train. They buy season tickets of generally 3 months or monthly, depending upon the pocket-money situation of the student. It is indeed difficult to believe that she could have traveled on daily ticket. Again scoring some media points?! We can’t really accuse these lady and gentleman from celluloid world, of bluffing! After all they are biggies, and our media men/women, lap up everything they say! So what, if they are telling 'cock and bull?!' Yeh Mera India!
After being quite for sometime, Karnataka governor H R Bhardwaj is at it again. He is at his best when pricking B S Yediyurappa & Co. He had gone quite after that ‘confidence vote’ fiasco. But got the opportunity to ‘rehab’ himself as the ‘custodian’ of ethics in Bangalore, after the land scam involving Yediyurappa & his family members, besides some ministers. Now the government of B S Yediyurappa has ordered a judicial probe. Gowda family led by son Kumaraswamy has filed complaint with Lokayukta to unearth the truth. Whether it is right or wrong, let both of them go ahead with their investigation and come to the truth of the case. Lokayukta has already acted with a case against the minister Katta Subramanya Naidu, and the minister has resigned. So the investigation is going ahead, as expected. Thus where is the role for His Excellency, the Governor!? But the Congressman that he is, it is difficult for him to keep quite, especially if it’s a BJP led government. That is H R Bhardwaj for you. However, there appears to be some scope for the press advisors of B S Yediyurappa, the CM. It is well known that the government at the centre is in the midst of many gargantuan scams worth lakhs of crores of rupees. But the constitutional head at Delhi, where the central government functions, the President is not asking any questions! Does it give you some food for thought Mr BSY?!
So, if you think its only in Karnataka you have this land scam, think again. Land grabbing or left-right-allotment is not the prerogative of BJP ruled Karnataka only. Lavasa city outside Pune, Adarsh Society in up-market South Mumbai were the toast of media early last month. Now it’s the turn of Tamil Nadu. As if Spectrum special was not enough, comes the news “Now, land allotment scam in Tamil Nadu”. Reportedly, under the “Governments Discretionary Quota” (GDQ), the government of Muthuvelu Karunanidhi has allotted plots and houses of TNHB (Tamil Nadu Housing Board), in prime locality to favoured ones. Starting from Madras High Court judges to just about anybody who has clout in CM’s office, belonging to both DMK and Congress party. So keep smiling. When it comes to state largesse and misuse of power for personal gain, all political parties are same. This is Yeh Mera India.
There was this small report regarding ‘Action against principal who expelled Ruchika’. So late in the day, its very funny that CBSE thought of action after almost 20 years, and the victim having left this world over 17 years ago. If the school has taken a unilateral action against a student, who was a victim of high handedness from the powerful policeman with political connections, it is easy to believe that the school principal must have been pressured to do so, simply to harass the family of Ruchika. For CBSE to wake up so late in the day, is shameful. It could be a game plan of CBI, who managed to close the case, which led to Supreme Court, without applying its mind, granting this policeman, Rathore, the bail. By raking up the issue of school, CBI is only keeping the impression alive that it is doing its best. But the fact of the matter is that, what truly led to the suicide by Ruchika, was the arrest of her brother in a fake case and parading him naked in public. That was the proverbial last straw which really abetted and drove Ruchika to commit suicide. Here, it needs to be remembered that soon after the suicide, her brother was unilaterally released by the police. The latest report in the media where one Vijay Dheer, a neighbour of Ruchika’s family has nailed the claims of CBI in its closure report. “I was witness to the entire sequence of events when he (Ruchika’s brother) was hand-cuffed and paraded naked by police. I told CBI during my testimony about the atrocities committed by Haryana Police”. According to Dheer, CBI questioned him for around 7 hours during its investigations but did not incorporate his witness in its closure report. Thus, the covert complicity of CBI was overtly clear, which helped Rathore get bail in Supreme Court. Here it is important to note that the timing of filing of closure report was planned to coincide with the final hearing of bail application, for the judges to take note, to influence the out come. Thus can we imagine, to what length CBI can go to protect a politically connected powerful policeman despite there being a very strong case against him? It’s a shame. Now it’s the same CBI investigating and conducting raid on the residences of telecom scam accused. Can it be to hoodwink the Indian public?
There was this talk about winter session of parliament being a huge wash out and cost the exchequer over Rs: 170/- crores. The stand off between the opposition and the government over the setting up of JPC (Joint Parliamentary Committee) has, in a way, exposed the governments vulnerability. The government has steadfastly stonewalled all demand for JPC. But what they should realise is, more reluctance government shows, more the people shall believe that it has something to hide. The other day Prime Minister Manmohan Singh offered to appear before Public Accounts Committee of the Parliament to present his case on 2G Spectrum. If the entire opposition, not just the main opposition BJP, demands the setting up of JPC and UPA does not want to set up, then Prime Minister need to tell why he does not want JPC. Its only the spoke persons of the party who are airing the official party position. When we say party position, in the context of Congress party, it represents the party President’s position. Could it be that there is more to it than what eyes can see? For instance look at these two controversial statements reported in the media. Digvijay Singh, a Party General Secretary had recently mouthed his inanities on policeman Karkare’s death and we have seen how he had to go-round and round-to explain what he meant and the rubbish that accompanied those negations. But the disclosures of Rahul Gandhi’s mindless utterance to U.S. Ambassador on Hindu radical groups and LeT, was only contradicted by party functionaries and Rahul did not have to endure the misfortune of Digvijay Singh. After all Rahul Gandhi is the great grandson of the 1st Prime Minister of India, grandson of another former Prime Minister so also the son of a former Prime Minister father and Congress president mother. His credentials are ‘impeccable’. He is no ordinary mortal like Digvijay Singh. So what he is 'Diggiraja'? This is Congress for you.
Despite incontrovertible evidence to the contrary, former Chief Justice of India, K.G. Balakrishnan, stands out like a sore thumb in the case of “letter naming Raja”. As the media reading public are aware, it was around mid-2009, that a report had appeared in the press regarding the attempt of a lawyer, Chandramohan to influence the sitting judge Justice Raghupathi to favourably consider the bail plea of a father and son, accused in a murder case, as they were friends of union minister Raja. Although at that time, Justice Gokhale, the then Chief Justice of Madras High Court had not contradicted the statement of the then Chief Justice of India, this time round, as the sitting judge of apex court, he went hammer and tong, exposing completely in writing, the lame argument of Justice K G Balakrishnan. Yes the present chairman of NHRC stands exposed of silence, when silence was not golden. But why did he do it? Shouldn’t the nation know the truth?
So the effect of 2G scam is all over the country, especially in Delhi and in Chennai. CBI is going ‘all out’ to do whatever it can, to reportedly unearth all beneficiaries or safe keepers, of parts of the ill-gotten wealth from 2G scam. CBI has reportedly raided houses of Raja and his associates, Kanimozhi and her mother Rajathi Ammal, one of M. Karunanidhi’s three wives. An NGO founder Gasper Raj, a friend of Kanimozhi is under lens, so also Rathinam an auditor of Rajathi Ammal. Reportedly this Rathinam figures in the currently infamous Radia tapes. Then there are others like Kamaraj, a ‘Nakeeran’ editor, whose wife allegedly held senior position in Radia’s PR firm Vaishnavi Communications. Former TRAI chief Pradip Baijal is also under scanner, who reportedly had a crucial say in 2G spectrum allocation. After retiring as TRAI chairman he is in big time professional association with Radia,. If above are the main actors, there were extras too. Hawala man Mahesh Jain and his brother Daulat Jain, Raja’s Charted Accountant, Ganapathi Subramanium, Sadiq Basha a real estate promoter. Thus, it is very clear that lot of work is being done by CBI to fix beneficiaries of the biggest national loot, since independence.
But a question uppermost in the minds of general public is, that CBI was brought-in so late, that too under intense pressure for JPC in Parliament. Wouldn’t it be quite likely, that ‘Dramatis Personae’ in this whole affair, has already covered the track for most part, before CBI ‘raided’?! Of course, ‘tell tales’ may always be found, but the “solid evidence” of the loot! While it should be hoped that the looters of national wealth, in this mother of all scams, are booked, this delay on the part of the UPA government, in taking timely appropriate corrective action, would after all, end up as a damp squibb? ‘A case of too little too late’! If that happens, it would be a sad day for India.
If it is the poor children in government schools, that are affected, so be it, we will keep doing, what is best for us. This is the attitude of most government officials responsible for the welfare of children, especially in government schools. They generally do not give a damn. It was in October last year, around 50 children from the Municipal schools in North Mumbai had fallen sick after consuming flavoured milk supplied to them by the Mumbai Municipal Corporation. Authorities sent milk samples to a nearby government laboratory for testing and found that the milk is unfit for human consumption. But somebody at Sachivalaya, the Maharashtra Secretariat, thought otherwise. They again sent the sample to their ‘accredited’ laboratory, who certified the flavoured milk as ‘good’. So they started again. You know why? There is some good money. Somebody is trying to make some undeserved fast and big bucks. The government in Mumbai approved a contract for the supply of this flavoured milk for two years, across the state, for Rs. 203 crores. And comes the news “Flavoured milk leaves bitter taste, yet again”. The latest report being, on 10th Dec. 8 students from a civic school in Ghatkopar were hospitalised after consuming the milk supplied on the very first day itself, after it was suspended the previous month for similar reason. So the logic is, damn the poor children, but we shall continue to make money. This is Yeh Mera India.
Ever since economist Dr Mohd. Younus catapulted into the global arena with the Nobel Foundation recognising him for the difference he made to the poor in his Bangladesh, the micro-credit became serious subject of thought and action. At the outset we need to realise that micro-credit in its pristine form allows poor and disadvantaged people to take control of their own lives, make something of themselves and improve the lot of their families. But what happened in India, was a search for profit in the helplessness of the poor. “Micro lenders are no better than the money lenders” said former governor of RBI Y U Reddy. Its patently ‘Yes’ and ‘No’. You can’t paint everybody with the same brush. Money lenders are sharks, they do not lend without security or guarantors, whereas Micro lenders kept giving repeatedly in the short run without any security or guarantee. But recovery pattern of both appear to be same with interest burden of money lenders being very heavy. But the basic philosophy of exploiting poverty is an absolute no. While money lenders can be termed as enemies of the society, these micro lenders is certainly an improvement on money lenders. But here again the whole model of micro finance has to change. They only push credit without any credibility or repayment ability. If the thinking is, that you can use force and intimidation to recover, then its illegal and criminal. NPA is a normal phenomena with any lending financial intermediary. But all such institutions exercise utmost care that money is not lent wrongly or used wrongly. It is true that there have been massive failure at repayment to these micro lenders. But then it was their own making. They advanced indiscriminately. They ‘rushed where angels feared to tread’. That was all. If they are facing the music, they are fully responsible for this state. But two things which need to be told and they are, Micro financiers are doing wonderful job, but they should not be profit driven – both in terms of percentage of interest they are charging to borrowers, so also in uncontrolled lending to increase revenue at all cost. The other is, on the part of the borrowers. They should realise that interest just doesn’t walk, after sometime, it gallops. Left to itself, interest can kill, and that is exactly what is happening. They must perforce introduce discipline into their financial life. They should curb their desire to spend someone else’s money. There are no free lunches. When both these stake holders do their job in the larger interest of growth with equity, surely success will attend in the long run.
It’s been long overdue. “Supreme Court admits petition challenging creamy layer criteria for quota” was a news in the print media. A constitution bench of apex court had on April 10, while upholding the 27% quota for OBC students in state run educational institutions had stipulated that students belonging to ‘creamy layer’ have to be kept out of the quota. According to the original, minimum income, fixed for creamy layer among OBC, was Rs. 2,50,000/- per annum. The apex court stipulation has clearly hurt the interest of students belonging to this creamy layers. Hence, central government in its wisdom decided to increase the minimum income to Rs. 4.50 lakhs, for the purpose of this creamy layer, to become eligible in reservations. Understandably, there are many who would be hurt by this unilateral decision of the central government and hence have knocked the door of apex court. Once again this is the reflection of India’s state policy of ‘crying with the poor but siding the rich’.
We had commented in the last issue regarding the likely impeachment of Justice Soumitra Sen of Calcutta High Court and if Justice Sen, is not resigning then he is having some friends in right place to save him from disgrace. Right enough, his lawyer has started finding ‘loop holes’ in the case. Justice Sen does not deny that there was embezzlement. Nor probably he thinks that embezzlement is not a crime. So he is fully aware that he has committed a crime. But committed the crime as lawyer and not as a judge, and therefore cannot be impeached by the parliament, is his considered stand. So also the misappropriated amount of RS. 33,22,800/- is mentioned as ‘large amount’ in the report, without being specific, is his another stand. Isn’t this the tragedy of this country that we still have justices who are a disgrace to this honourable profession, and at the same time trying to slip out on flimsy legal fine points?!
It is indeed one of the saddest day for the Indian ‘independent’ judiciary. The life sentence given to celebrated human rights activist and health activist Dr Binayak Sen on allegedly fabricated case is an absolute travesty of Justice. Both the Chattisgarh government and its police apparatus stands exposed of complicity in completely negating justice to Dr Sen. “Convicting Dr Sen shows that sections of judiciary are willing to act as instruments of state’s policy to silence dissent. This will undermine the people’s faith in lower sections of the judiciary”, reportedly stated, Senior Supreme Court lawyer Prashant Bhushan. According to media report, the prosecution tried to link an e-mail sent by Ilina Sen to one Fernandes in ISI. Although good part of the world knows what ISI stands for, in this case despite Dr Sen’s explanation that this indeed was Indian Social Institute and Fernandes there was Walter Fernandes, its former incharge, prosecution apparently closed its mind on the ‘evidence’. Besides, its very unlikely that Inter Services Intelligence, the Pak ISI, could ever have a Christian Fernandese in its roll. There apparently was no solid grounds against Dr Sen, except that he had carried three letters from a jailed Moist Narayan Sanyal to Piyush Guha, a Kolkatta businessman. On the basis of just these 3 letters, to pronounce somebody as guilty of sedition is an unparalleled interpretation of law of the land. According to legal luminaries apex court has held ‘the charge of sedition can be upheld only if the prosecution proves that the accused attempted to incite violence or public disorder! Concurred Prashant Bhushan “It is clear that this case does not meet that standard”. Could it be, that the government in Chattisgarh had made up its mind to fix Dr Sen?! Yes this exposes the so-called independent judiciary. This could well be an aspect of Banana Republic.
‘Something is rotten in Allahabad High Court’ remark by Supreme Court judges Justices Markandeya Katju and Gyansudha Mishra is not a revelation that came a day too early. The problem of ‘uncle judges’ was known earlier too, but its only now that apex court decided to say it openly to the chagrin of the High Court in Allahbad. So they moved the Supreme Court for expunging the ‘rotten’ remark. But Supreme Court justices to their credit put their foot down and refused to expunge, for the remark to remain in files for posterity.
Now confirming the correctness of the remark, there have been reports in the media, that there indeed were close relatives of judges practicing in Allahabad High Court. It published names of at least nine judges of the same court and in its Lucknow bench where sons, brothers and in at least one case father of a sitting judge are practicing law. Without any shadow of doubt this situation can affect the quality of justice delivered by the concerned judges. It is surprising how the Chief Justice of Allahabad court was not seized of the situation there. At least now he will be pushed to take some action. As Chief Justice of India, the latest appointee S H Kapadia has reportedly transferred some 30 judges for exactly similar reasons, from different high courts.
In this context it is important to reproduce the comment of Justice Katju, “thanks to ‘uncle judges’ some people had gone on to become multi-millionaires with huge bank balances and living in huge houses and driving luxury cars”.
Under the circumstances, why such acts of nepotism are not considered a misconduct, both on the part of the judge and his lawyer relative is a point to be taken.
CWG scam, followed by CAG report on 2G spectrum, besides other scandals, the corruption scene has indeed become deeply worrying. We have taken it up under Focus. We have tried to dwell on the issue from different angles. Hope readers would find it worth their time. Do revert with your thoughts.
At the outset wishing all our readers and the nation a GREAT & PEACEFUL NEW YEAR full of sustained growth with equity.
Looking back over the last month’s happening, there was this touching article – close to 1000 words – in 'The Hindu' by one of the most respected judicial luminaries, Justice V R Krishna Iyer, on the reported statement by the Attorney General Goolam Essaji Vahanvati in the Supreme Court, to the bench headed by Chief Justice S H Kapadia himself. Responding to the writ petition questioning the appointment of C.V.C., the Attorney General made this extra-ordinary oral statement on behalf of the central government, “If the criterion of impeccable integrity has to be included, then every judicial appointment can be subject to scrutiny. Every judicial appointment will be challenged”.
It is only fair that Justice Iyer felt deeply outraged at this impudent utterance from the top legal spokesman of the Union government and by extension, of the country. His sadness and pain was very loaded, when he wrote “This is scandalous, a shock and a shame”. “Let the nation awake to this implicit slander”. With deep disappointment he questions “Does that statesman, Dr. Manmohan Singh, support vicariously this dubious statement by the attorney general? Why does the Bar Council of India remain silent when a covert aspersion on the institution of the (highest) judiciary comes up in the open court?” Very searching questions indeed. Yes, it calls for explanations from the highest seat of power in the country. Its indeed sad that even media had nothing to say. Even our competent Law Minister is quite. Surprisingly, the column, “Letters to the Editor” had no response from “VOX POPULI”, even for over a week, while there were letters galore on Radia Tapes, WikiLeaks, JPC and others including, degrading to women ‘triple talaqs’, and those funny fatwas. What do we call this, media apathy? or readers apathy? on an issue of such significance. Or could it be that our level of sensitivity is such that we cannot understand its significance?!
So, the issue of CVC-PJ. Thomas, is coming to haunt the UPA government, in particular the Prime Minister Singh and the Home Minister Chidambaram, who forced him on an unsuspecting nation, despite the opposition from Sushma Swaraj, the opposition leader. Ever since his appointment some 2 months ago neither PM/HM combine nor the CVC PJ Thomas must have had peaceful nights. With a kind of unenviable baggage that PJ Thomas carried from Kerala to Telecom to CVC, he became a bit of hot potato and the UPA government in New Delhi was keen to dump him. It is true that it was of their own making. But they could not visualise the probable load of the liability, with Telecom Raja no more remaining Raja.
Right now they are in a royal mess, with Supreme Court being very unhappy with the appointment of PJ Thomas and doubting the very basis of his objective functioning. Having appointed, the union government cannot sack the CVC without reference to Supreme Court. And it can only be done on the ground of “proved misbehaviour and incapacity”. Yes President Pratibha Patil can sack him, but only on grounds as enunciated in the law. Right now, from both angle, government can only draw blank. So, how these two of the best brains, of our mother India, could make the government walk into such a tight corner? Simply, over-confidence or could it be arrogance! So the only course left to the government was to ‘ask him to resign’ and the news is “he has refused to step down”. The other day apex court asked the CVC “why are you continuing”, despite there being a pending charge sheet? and issued notice to both the union government and the CVC. While Attorney General accepted the notice on behalf of the union government, he declined to accept the notice on behalf of the CVC. So suddenly, the CVC Thomas has become an untouchable, that the central government not only does not want to defend him, but also do not want to accept even a notice on his behalf. Isn’t that extra-ordinary? Yes, CVC may hire his own top lawyer to defend him at the cost of public money, but it looks, clearly there are sharp differences between the government and the CVC, and this indeed could complicate matters. However it is reported that Thomas has offered to resign provided all charges on Palmolein Oil import case is dropped. Under the circumstances of its own making, the union government shall find it very hard to accede to this proposal of PJ Thomas as a ‘quid pro quo’ for his resignation. It only proves the adage “there can’t be smoke without the fire”. Yes indeed, the government in New Delhi is in a sorry mess. As a national daily puts “it deserves no one’s sympathy for having behaved so arrogantly by riding rough shod over all concerns of propriety and good sense when it first forced Thomas as CVC”. Rightly put.
The report “Jairam denies ill intent as Pawar pleads with PM” has only brought to limelight the nexus of big money and politics. Yes, the controversial Lavasa project has indeed turned into a bit of political spat. While one can suspect a bit of activism in Jairam Ramesh , the minister of environment, none can fault his integrity, the same cannot be said of big bully Pawar. Sharad Pawar, probably the most powerful politician in Maharashtra, is known to be a friend of big money and his record in public life has left many questions unanswered, since his days as Chief Minister of Maharshtra. Right enough he has admitted his role in roping-in big time construction giant HCC into Lavasa project development. What he has not publicly admitted is the introduction of his daughter and his son-in-law into the value addition of the project. Some kind of a ‘sweat money’ equity holding?! Thus the hackle that Pawar is raising, is pure and simple self centered, whereas the concern of Jairam Ramesh is certainly not similarly driven with self interest. While country shall not be poorer if Sharad Pawar leaves the political arena or gives up ministership, country needs committed individuals like Jairam Ramesh. We only hope that his commitment to the cause of environment does not reduce him to be a mere activist. There are enough complaints regarding Lavasa project, dirtied by political vested interest. Anna Hazare, the anti corruption activist, has already written to President Prathibha Patil for large scale sleaze in the dealings of the project, while Medha Patkar has gone to town crying hoarse for the displaced tribals. Thus, if Jairam is asking questions, he is only doing his job. We should let him do his job.
Coming to Jairam Ramesh again, there is another issue of SUVs. He had recently called, sports utility vehicles (SUV), as ‘criminal’ and Socially Useless Vehicles, while speaking at a conference on ‘Fifth Sustainability Summit’ of CII. There is a point in what he is saying. It is true that these SUVs are fuel guzzlers and are owned by moneyed people and hence they do not deserve subsidised diesel meant for farmers. Automaker BMW of Germany has taken a strong exception to this reported statement, saying that minister’s remark can affect the growth of auto industry. While refuting the charge of knocking auto industry, he did reiterate that there is need for creating an incentive structure from a fiscal point of view particularly which rewards those industries that promote the objective of sustainable development, that promote energy conservation, water conservation so also protection and preservation of natural resources. Yes, it does reflect the seriousness with which Mr Ramesh handles his job. Two Cheers, Jai Ho! Jairam Ramesh.
If over 60 years, the problem of Israel and Palestine has remained a burning issue, there must be some profound reasons, which may not be overtly seen. Israel is a tiny spec surrounded by some of the wealthiest and therefore powerful Muslim Arab nations and yet had lived precariously browbeating the entire Muslim world. Of course, its trusted ally, the U.S. always stood by it. But it is also an open secret, that whole Muslim world is divided when it comes to rescue the Palestinian cause. This division has kept the Jewish state’s bellicosity alive for all the years and is still continuing.
We have read in the past, about the alleged clearance that Saudi Arabia gave to Israel to fly past its territory to get at Iran, which of course they have denied in all ‘seriousness’. Now comes the WikiLeak dynamite. In one of its communication to the U.S., it has allegedly stated “cut off the head of the snake”, referring to Iran, and its nuclear ambitions. According to this leak of classified US diplomatic cables by WikiLeak, “Countries in the Middle East feel more threatened from Iran rather than Israel.” Isn’t truth sometime stranger than fiction?! And Iran is the friend of Hizbollahs in Palestine!
There was this small report on the glamour page of a Mumbai newspaper regarding the release of a music album “Tees Maar Khan” in a train. Akshay Kumar and Katrina Kaif were the lead pair with Farah Khan. Akshay Kumar & Farah Khan were recounting their experience on train travel of earlier years. Akshay was reportedly traveling in a train from Mumbai to Delhi, some 22 years ago, when he was only 13 years of age. The story was, in Mumbai he had shopped, worth Rs. 650/- (supposedly big money then). On the way, Chambal dacoits got into the train and looted. He lost his shopping and reportedly reached Delhi barefoot. Was he scoring some media points by saying something to the gallery? or could it be true that Chambal dacoits also looted the footwear of a 13 year old? How bad these dacoits were!!! Then the story of Farah Khan was even more strange, who recounted her Mumbai local train-travel and how sometime she was traveling ticket-less because she was ‘in a blinding hurry’. She has reportedly stated that she was a student at St. Xavier’s College in Dhobi Talao near V.T. and was traveling from Santa Cruz to Marine Drive (Both are suburban stations in Mumbai’s Western Railway). It is common knowledge that college students do not buy daily tickets to travel in train. They buy season tickets of generally 3 months or monthly, depending upon the pocket-money situation of the student. It is indeed difficult to believe that she could have traveled on daily ticket. Again scoring some media points?! We can’t really accuse these lady and gentleman from celluloid world, of bluffing! After all they are biggies, and our media men/women, lap up everything they say! So what, if they are telling 'cock and bull?!' Yeh Mera India!
After being quite for sometime, Karnataka governor H R Bhardwaj is at it again. He is at his best when pricking B S Yediyurappa & Co. He had gone quite after that ‘confidence vote’ fiasco. But got the opportunity to ‘rehab’ himself as the ‘custodian’ of ethics in Bangalore, after the land scam involving Yediyurappa & his family members, besides some ministers. Now the government of B S Yediyurappa has ordered a judicial probe. Gowda family led by son Kumaraswamy has filed complaint with Lokayukta to unearth the truth. Whether it is right or wrong, let both of them go ahead with their investigation and come to the truth of the case. Lokayukta has already acted with a case against the minister Katta Subramanya Naidu, and the minister has resigned. So the investigation is going ahead, as expected. Thus where is the role for His Excellency, the Governor!? But the Congressman that he is, it is difficult for him to keep quite, especially if it’s a BJP led government. That is H R Bhardwaj for you. However, there appears to be some scope for the press advisors of B S Yediyurappa, the CM. It is well known that the government at the centre is in the midst of many gargantuan scams worth lakhs of crores of rupees. But the constitutional head at Delhi, where the central government functions, the President is not asking any questions! Does it give you some food for thought Mr BSY?!
So, if you think its only in Karnataka you have this land scam, think again. Land grabbing or left-right-allotment is not the prerogative of BJP ruled Karnataka only. Lavasa city outside Pune, Adarsh Society in up-market South Mumbai were the toast of media early last month. Now it’s the turn of Tamil Nadu. As if Spectrum special was not enough, comes the news “Now, land allotment scam in Tamil Nadu”. Reportedly, under the “Governments Discretionary Quota” (GDQ), the government of Muthuvelu Karunanidhi has allotted plots and houses of TNHB (Tamil Nadu Housing Board), in prime locality to favoured ones. Starting from Madras High Court judges to just about anybody who has clout in CM’s office, belonging to both DMK and Congress party. So keep smiling. When it comes to state largesse and misuse of power for personal gain, all political parties are same. This is Yeh Mera India.
There was this small report regarding ‘Action against principal who expelled Ruchika’. So late in the day, its very funny that CBSE thought of action after almost 20 years, and the victim having left this world over 17 years ago. If the school has taken a unilateral action against a student, who was a victim of high handedness from the powerful policeman with political connections, it is easy to believe that the school principal must have been pressured to do so, simply to harass the family of Ruchika. For CBSE to wake up so late in the day, is shameful. It could be a game plan of CBI, who managed to close the case, which led to Supreme Court, without applying its mind, granting this policeman, Rathore, the bail. By raking up the issue of school, CBI is only keeping the impression alive that it is doing its best. But the fact of the matter is that, what truly led to the suicide by Ruchika, was the arrest of her brother in a fake case and parading him naked in public. That was the proverbial last straw which really abetted and drove Ruchika to commit suicide. Here, it needs to be remembered that soon after the suicide, her brother was unilaterally released by the police. The latest report in the media where one Vijay Dheer, a neighbour of Ruchika’s family has nailed the claims of CBI in its closure report. “I was witness to the entire sequence of events when he (Ruchika’s brother) was hand-cuffed and paraded naked by police. I told CBI during my testimony about the atrocities committed by Haryana Police”. According to Dheer, CBI questioned him for around 7 hours during its investigations but did not incorporate his witness in its closure report. Thus, the covert complicity of CBI was overtly clear, which helped Rathore get bail in Supreme Court. Here it is important to note that the timing of filing of closure report was planned to coincide with the final hearing of bail application, for the judges to take note, to influence the out come. Thus can we imagine, to what length CBI can go to protect a politically connected powerful policeman despite there being a very strong case against him? It’s a shame. Now it’s the same CBI investigating and conducting raid on the residences of telecom scam accused. Can it be to hoodwink the Indian public?
There was this talk about winter session of parliament being a huge wash out and cost the exchequer over Rs: 170/- crores. The stand off between the opposition and the government over the setting up of JPC (Joint Parliamentary Committee) has, in a way, exposed the governments vulnerability. The government has steadfastly stonewalled all demand for JPC. But what they should realise is, more reluctance government shows, more the people shall believe that it has something to hide. The other day Prime Minister Manmohan Singh offered to appear before Public Accounts Committee of the Parliament to present his case on 2G Spectrum. If the entire opposition, not just the main opposition BJP, demands the setting up of JPC and UPA does not want to set up, then Prime Minister need to tell why he does not want JPC. Its only the spoke persons of the party who are airing the official party position. When we say party position, in the context of Congress party, it represents the party President’s position. Could it be that there is more to it than what eyes can see? For instance look at these two controversial statements reported in the media. Digvijay Singh, a Party General Secretary had recently mouthed his inanities on policeman Karkare’s death and we have seen how he had to go-round and round-to explain what he meant and the rubbish that accompanied those negations. But the disclosures of Rahul Gandhi’s mindless utterance to U.S. Ambassador on Hindu radical groups and LeT, was only contradicted by party functionaries and Rahul did not have to endure the misfortune of Digvijay Singh. After all Rahul Gandhi is the great grandson of the 1st Prime Minister of India, grandson of another former Prime Minister so also the son of a former Prime Minister father and Congress president mother. His credentials are ‘impeccable’. He is no ordinary mortal like Digvijay Singh. So what he is 'Diggiraja'? This is Congress for you.
Despite incontrovertible evidence to the contrary, former Chief Justice of India, K.G. Balakrishnan, stands out like a sore thumb in the case of “letter naming Raja”. As the media reading public are aware, it was around mid-2009, that a report had appeared in the press regarding the attempt of a lawyer, Chandramohan to influence the sitting judge Justice Raghupathi to favourably consider the bail plea of a father and son, accused in a murder case, as they were friends of union minister Raja. Although at that time, Justice Gokhale, the then Chief Justice of Madras High Court had not contradicted the statement of the then Chief Justice of India, this time round, as the sitting judge of apex court, he went hammer and tong, exposing completely in writing, the lame argument of Justice K G Balakrishnan. Yes the present chairman of NHRC stands exposed of silence, when silence was not golden. But why did he do it? Shouldn’t the nation know the truth?
So the effect of 2G scam is all over the country, especially in Delhi and in Chennai. CBI is going ‘all out’ to do whatever it can, to reportedly unearth all beneficiaries or safe keepers, of parts of the ill-gotten wealth from 2G scam. CBI has reportedly raided houses of Raja and his associates, Kanimozhi and her mother Rajathi Ammal, one of M. Karunanidhi’s three wives. An NGO founder Gasper Raj, a friend of Kanimozhi is under lens, so also Rathinam an auditor of Rajathi Ammal. Reportedly this Rathinam figures in the currently infamous Radia tapes. Then there are others like Kamaraj, a ‘Nakeeran’ editor, whose wife allegedly held senior position in Radia’s PR firm Vaishnavi Communications. Former TRAI chief Pradip Baijal is also under scanner, who reportedly had a crucial say in 2G spectrum allocation. After retiring as TRAI chairman he is in big time professional association with Radia,. If above are the main actors, there were extras too. Hawala man Mahesh Jain and his brother Daulat Jain, Raja’s Charted Accountant, Ganapathi Subramanium, Sadiq Basha a real estate promoter. Thus, it is very clear that lot of work is being done by CBI to fix beneficiaries of the biggest national loot, since independence.
But a question uppermost in the minds of general public is, that CBI was brought-in so late, that too under intense pressure for JPC in Parliament. Wouldn’t it be quite likely, that ‘Dramatis Personae’ in this whole affair, has already covered the track for most part, before CBI ‘raided’?! Of course, ‘tell tales’ may always be found, but the “solid evidence” of the loot! While it should be hoped that the looters of national wealth, in this mother of all scams, are booked, this delay on the part of the UPA government, in taking timely appropriate corrective action, would after all, end up as a damp squibb? ‘A case of too little too late’! If that happens, it would be a sad day for India.
If it is the poor children in government schools, that are affected, so be it, we will keep doing, what is best for us. This is the attitude of most government officials responsible for the welfare of children, especially in government schools. They generally do not give a damn. It was in October last year, around 50 children from the Municipal schools in North Mumbai had fallen sick after consuming flavoured milk supplied to them by the Mumbai Municipal Corporation. Authorities sent milk samples to a nearby government laboratory for testing and found that the milk is unfit for human consumption. But somebody at Sachivalaya, the Maharashtra Secretariat, thought otherwise. They again sent the sample to their ‘accredited’ laboratory, who certified the flavoured milk as ‘good’. So they started again. You know why? There is some good money. Somebody is trying to make some undeserved fast and big bucks. The government in Mumbai approved a contract for the supply of this flavoured milk for two years, across the state, for Rs. 203 crores. And comes the news “Flavoured milk leaves bitter taste, yet again”. The latest report being, on 10th Dec. 8 students from a civic school in Ghatkopar were hospitalised after consuming the milk supplied on the very first day itself, after it was suspended the previous month for similar reason. So the logic is, damn the poor children, but we shall continue to make money. This is Yeh Mera India.
Ever since economist Dr Mohd. Younus catapulted into the global arena with the Nobel Foundation recognising him for the difference he made to the poor in his Bangladesh, the micro-credit became serious subject of thought and action. At the outset we need to realise that micro-credit in its pristine form allows poor and disadvantaged people to take control of their own lives, make something of themselves and improve the lot of their families. But what happened in India, was a search for profit in the helplessness of the poor. “Micro lenders are no better than the money lenders” said former governor of RBI Y U Reddy. Its patently ‘Yes’ and ‘No’. You can’t paint everybody with the same brush. Money lenders are sharks, they do not lend without security or guarantors, whereas Micro lenders kept giving repeatedly in the short run without any security or guarantee. But recovery pattern of both appear to be same with interest burden of money lenders being very heavy. But the basic philosophy of exploiting poverty is an absolute no. While money lenders can be termed as enemies of the society, these micro lenders is certainly an improvement on money lenders. But here again the whole model of micro finance has to change. They only push credit without any credibility or repayment ability. If the thinking is, that you can use force and intimidation to recover, then its illegal and criminal. NPA is a normal phenomena with any lending financial intermediary. But all such institutions exercise utmost care that money is not lent wrongly or used wrongly. It is true that there have been massive failure at repayment to these micro lenders. But then it was their own making. They advanced indiscriminately. They ‘rushed where angels feared to tread’. That was all. If they are facing the music, they are fully responsible for this state. But two things which need to be told and they are, Micro financiers are doing wonderful job, but they should not be profit driven – both in terms of percentage of interest they are charging to borrowers, so also in uncontrolled lending to increase revenue at all cost. The other is, on the part of the borrowers. They should realise that interest just doesn’t walk, after sometime, it gallops. Left to itself, interest can kill, and that is exactly what is happening. They must perforce introduce discipline into their financial life. They should curb their desire to spend someone else’s money. There are no free lunches. When both these stake holders do their job in the larger interest of growth with equity, surely success will attend in the long run.
It’s been long overdue. “Supreme Court admits petition challenging creamy layer criteria for quota” was a news in the print media. A constitution bench of apex court had on April 10, while upholding the 27% quota for OBC students in state run educational institutions had stipulated that students belonging to ‘creamy layer’ have to be kept out of the quota. According to the original, minimum income, fixed for creamy layer among OBC, was Rs. 2,50,000/- per annum. The apex court stipulation has clearly hurt the interest of students belonging to this creamy layers. Hence, central government in its wisdom decided to increase the minimum income to Rs. 4.50 lakhs, for the purpose of this creamy layer, to become eligible in reservations. Understandably, there are many who would be hurt by this unilateral decision of the central government and hence have knocked the door of apex court. Once again this is the reflection of India’s state policy of ‘crying with the poor but siding the rich’.
We had commented in the last issue regarding the likely impeachment of Justice Soumitra Sen of Calcutta High Court and if Justice Sen, is not resigning then he is having some friends in right place to save him from disgrace. Right enough, his lawyer has started finding ‘loop holes’ in the case. Justice Sen does not deny that there was embezzlement. Nor probably he thinks that embezzlement is not a crime. So he is fully aware that he has committed a crime. But committed the crime as lawyer and not as a judge, and therefore cannot be impeached by the parliament, is his considered stand. So also the misappropriated amount of RS. 33,22,800/- is mentioned as ‘large amount’ in the report, without being specific, is his another stand. Isn’t this the tragedy of this country that we still have justices who are a disgrace to this honourable profession, and at the same time trying to slip out on flimsy legal fine points?!
It is indeed one of the saddest day for the Indian ‘independent’ judiciary. The life sentence given to celebrated human rights activist and health activist Dr Binayak Sen on allegedly fabricated case is an absolute travesty of Justice. Both the Chattisgarh government and its police apparatus stands exposed of complicity in completely negating justice to Dr Sen. “Convicting Dr Sen shows that sections of judiciary are willing to act as instruments of state’s policy to silence dissent. This will undermine the people’s faith in lower sections of the judiciary”, reportedly stated, Senior Supreme Court lawyer Prashant Bhushan. According to media report, the prosecution tried to link an e-mail sent by Ilina Sen to one Fernandes in ISI. Although good part of the world knows what ISI stands for, in this case despite Dr Sen’s explanation that this indeed was Indian Social Institute and Fernandes there was Walter Fernandes, its former incharge, prosecution apparently closed its mind on the ‘evidence’. Besides, its very unlikely that Inter Services Intelligence, the Pak ISI, could ever have a Christian Fernandese in its roll. There apparently was no solid grounds against Dr Sen, except that he had carried three letters from a jailed Moist Narayan Sanyal to Piyush Guha, a Kolkatta businessman. On the basis of just these 3 letters, to pronounce somebody as guilty of sedition is an unparalleled interpretation of law of the land. According to legal luminaries apex court has held ‘the charge of sedition can be upheld only if the prosecution proves that the accused attempted to incite violence or public disorder! Concurred Prashant Bhushan “It is clear that this case does not meet that standard”. Could it be, that the government in Chattisgarh had made up its mind to fix Dr Sen?! Yes this exposes the so-called independent judiciary. This could well be an aspect of Banana Republic.
‘Something is rotten in Allahabad High Court’ remark by Supreme Court judges Justices Markandeya Katju and Gyansudha Mishra is not a revelation that came a day too early. The problem of ‘uncle judges’ was known earlier too, but its only now that apex court decided to say it openly to the chagrin of the High Court in Allahbad. So they moved the Supreme Court for expunging the ‘rotten’ remark. But Supreme Court justices to their credit put their foot down and refused to expunge, for the remark to remain in files for posterity.
Now confirming the correctness of the remark, there have been reports in the media, that there indeed were close relatives of judges practicing in Allahabad High Court. It published names of at least nine judges of the same court and in its Lucknow bench where sons, brothers and in at least one case father of a sitting judge are practicing law. Without any shadow of doubt this situation can affect the quality of justice delivered by the concerned judges. It is surprising how the Chief Justice of Allahabad court was not seized of the situation there. At least now he will be pushed to take some action. As Chief Justice of India, the latest appointee S H Kapadia has reportedly transferred some 30 judges for exactly similar reasons, from different high courts.
In this context it is important to reproduce the comment of Justice Katju, “thanks to ‘uncle judges’ some people had gone on to become multi-millionaires with huge bank balances and living in huge houses and driving luxury cars”.
Under the circumstances, why such acts of nepotism are not considered a misconduct, both on the part of the judge and his lawyer relative is a point to be taken.
CWG scam, followed by CAG report on 2G spectrum, besides other scandals, the corruption scene has indeed become deeply worrying. We have taken it up under Focus. We have tried to dwell on the issue from different angles. Hope readers would find it worth their time. Do revert with your thoughts.
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