MONTH-IN-PERSPECTIVE

NEW DELHI: Every good thing has to come to an end. So is the prime ministership for Dr Manmohan Singh. Come June 2014, there will be a new dispensation in the corridors of power at the portals of parliament. So the incumbent CEO, the prime minister of the government at New Delhi, will call it quits. The honeymoon, which was, kind of bestowed on Dr Singh, shall be curtains down. Thus, fare-well speeches have already begun for Dr Singh.
 Speaking on one such occasion at the Planning Commission he is reported to have said “India’s Growth story is a Work-in-Progress”. Indeed, it is a story of never ending work-in-progress! 66 years, of independent India’s ‘tryst with the destiny’ has been a story of a long, winding, with continuous ups and downs, journey of glorious uncertainties. How long into the future, it shall be a story of work-in-progress? is a question begging for answer. Of course, Dr Singh was frank in admitting that “there is lot of distance still to be covered”.
Around the same time, as he was speaking at the Planning Commission, the World Bank or the IBRD, the International Bank of Reconstruction & Development, announced that, after U.S. and China India is the third largest economy. For the first time India replaced Japan. Great!! But does this call for celebration! To answer this query we Indians need to see ‘Satyameva Jayathe’ of Aamir Khan, the show man per excellence, for his incisive T.V. serial, both I & II, which travelled to remote parts of India to find the truth of our 'tryst with destiny.'      

Obviously N. Srinivasan (NS) the out of office BCCI boss also boss of Madras Cements, which owns IPL franchise Chennai Super Kings, was asking for it. Despite court appointing Shivlal Yadav and Sunil Gavaskar to run BCCI and its current IPL No:7. N.S has been persisting with his request to let him continue with the president ship of BCCI until his term gets over sometime in 2014, indicating there may be something he needs to cover in the meanwhile. Court was simply not amused. But in a setback to NS, the Supreme Court on May 16, directed a probe against Srinivasan himself and those 12 prominent players, including Dhoni, in the IPL betting and spot fixing scandal. Earlier BCCI had proposed to conduct its own probe by its panel, which court had turned down and asked Justice Mudgal to investigate further, what he had reported earlier. With the power vested with Justice Mudgal committee, it would be difficult to save himself, if there is, as suspected, evidence of wrong doing by Srinivas and some of the prominent cricketers. It is a development good for the country’s sports in general and cricket in particular. Hope, the message goes across to make BCCI accountable in the broader picture.
 
Whatever the truth of the matter, the RIL gas pricing imbroglio is on a spin. At one stage RIL is threatening to increase its price unilaterally and reportedly Lt Governor of Delhi, who runs the Delhi government, in the absence of an elected government in place, has submitted under affidavit that the then govt. of Arvind Kejriwal of Aam Aadmi Party has not given any direction to file FIR against RIL, Mukesh Ambani and Former Petroleum Minister Veerappa Moili.
While the court, acting on the FIR, has asked the Centre & Reliance Industries to co-operate with the Delhi Govt’s. Anti Corruption Bureau, it has issued the notice to the Delhi govt. seeking their reply. Strangely Delhi govt. has negatively responded saying there has been no direction by the then govt.
Justice Manmohan Singh of Delhi High Court has rather reacted sharply “Matters are listed here by the Registry, not by judges. I take strong umbrage. What nonsense is this. I can summon the Lt. Governor for putting this submission on affidavit. You can say government of India is fixing matters”, was the response of justice Manmohan. It appears L.G is trying to influence the course of the case. It is appropriate that court takes a very serious note of such tactics from the Delhi Lt. Governor. It is an issue of national resources owned by Indians in general and nobody should usurp and help usurp its benefit by an individual or a group of individuals like a company. And comes an unprecedented development. Reportedly, the Supreme Court has allowed the RIL, one of the party to the case, to take their Price Fixing issue to London for arbitration.
This is a strange development which need o be explained in a public space for the informed debate on the subject. Hope it happens.

More often than not, this Yoga exponent Ramdev is in the news for all wrong reasons. With BJP smelling power, he is suddenly more vocal and irrational. He thought his honeymoon remark on Rahul Gandhi is a smart observation and people will lap it up. In the event most people riled him for his, not only stupid, but insensitive remark. While trying to show Rahul Gandhi in poor light, he painted a whole community rather badly. There has to be a legal course to fix him under SC/ST protection provisions. Some even called him saint. That’s a joke. While we are about it, comes another insane bounty with justification to boot. If Ramdev was stupid, this Bhagwan Singh Chohan, a BJP member of Parliament from Punjab has reportedly offered Rs 1 crore for Ramdev’s head “I am ready to pay Rs 1 crore to the person who will bring Ramdev’s head to me,” he is reported to have remarked while burning Yoga guru’s effigy for his controversial remark. As law will attend to Ramdev’s utterances, so should it reprimand this M.P. It is indeed a poor reflection of socio-political interlocution in public space in the emerging India. There can be no justification for either of the above boorish yaps.    

Responding to a petition by an NGO, the Supreme Court has recently passed an order, fixing a deadline of one year, from the date of framing charge for the completion of trial involving MLAs, MLCs and M.Ps. Our legal system being what it is, with every advocate inventing newer ways of dilatory tactics, of delaying the court proceedings, by asking for adjournment for all kinds of reasons, for any length of time. It has been a phase of interminable freedom to the powerful politicians from the clutches of the law. These politicians with the help of their lawyer friends take the law and judiciary of the land, for a long ride. The latest intervention, happily, shall fix the responsibility of both, lower courts and the lawyers, representing their MPs and MLAs, to strictly abide by the time frame and thus has empowered the trial court to refuse routine adjournment. Hope it should serve the ends of justice.    

Sometime even the judiciary too acts with jerks and starts. Suddenly the Supreme Court has realized in its wisdom “A corrupt government servant is a corrupt servant”, and there cannot be any discrimination with senior bureaucrats with Joint Secretary and above requiring the government’s prior sanction before the CBI investigation and trial in the corruption cases.
Better late than never. At long last the long arm of law is catching up with those babus who were high and mighty with their political connections. Yes, the highest court of the land has, after all, decided to take the call, to put in their place, these 'invincible' babus, inspite of their political masters. The fact of the matter is, this lacunae of senior bureaucrats’ prosecution requiring government sanction has always been there. Despite intermittent intervention by concerned individuals and groups and even judiciary at lower level, the government of the day went out of its way, to grant protection to these erring senior babus. Obviously it was an arrangement of mutual benefit, between the political class and its senior administrative helpers in the bureaucracy, so that loot continues unchecked and unaccounted.
Hopefully with the new man at the top, this section 6A of Delhi Special Police Establishment Act, that mandates the CBI to take prior sanction before probing corruption of senior babus and again before taking them to court, has become null and void, after this ruling, and shall not comeback with some other contrived versions.  

Performance of AAP, must have dejected even the most optimistic, not withstanding their 4 seats win in Punjab. Ever since, it’s fantastic debut in Delhi election, the controversy of one kind or the other, rightly or wrongly kept on haunting it. Were this controversies wrongly managed? Is a question lost in the ever increasing criticism of Arvind Kejriwal’s handling of issues. Whether it is the quitting of Delhi government in 49 days, when they could have lingered much longer. Or his agitationist tendency. Or even his latest move of going to jail, have all invited criticism, ridicule and derision. Of course, there were even some miniscule section who admired him. But then this miniscule was too small to influence any course correction, either in the general thinking or even with Kejriwal himself. The ‘forever fighter’ in him is slowly but surely making him a pariah. Whether his apology for the error of judgment in quitting the Delhi government, shall have any impact on the future of AAP is a matter to be seen, around next election to Delhi, as and when it will happen. But the damage was done, as the result and the overall voting to AAP indicated around the country. It just got 2% votes. So there is a need for a comprehensive stock-taking by the AAP leadership. Sooner they do it the better.

There was this extremely disturbing report of six convicts in Akshardham temple attack case, being acquitted. Supreme Court, on the day ‘Election 2014’ result was declared, acquitted all six convicts including three on death row for the attack on Akshardham temple. This acquittal was sadly due to the failure of the police to sustain the alleged charges of all six convicts. It was in 2002, post Gujarat pogrom that Akshardham temple was attacked by Pakistani terrorists killing over 2 dozen devotees. All six terrorists were killed in the retaliatory attack. But, the police in Ahmadabad in their wisdom thought, that there were local supporters of these Pakistani terrorists, and hence rounded up six of them, on all kinds of charges. Three of the six were given death sentence. For 11 long years all of them languished in jail. Police could not prove the veracity of their charges in Supreme Court.
While the nation should celebrate the victory of justice, what is of deepest concern is the ham-handed police conduct in all parts of India to detain, arrest and frame –innocents - as accused through the apparent process of law and jail them, including the ‘rarest of rare’ death sentence, all on trumped up charges.
Surely the highest court of the land has applied itself fully to come to this judgment. But, what about the high court and initial trial courts? Why have they failed to see the truth?
Is it because, accused are poor, vulnerable and powerless? There are any number of convicts who do not have the where-withal to challenge the lower courts’ orders.
In such circumstances, a long jail term or death sentence could be a criminal miscarriage of justice. Law & judiciary have the greatest responsibility on its shoulders and they have to perforce, live it. Wonder if Apex Court would take the call to correct this apparent anomaly.

UTTAR PRADESH: There was this cover page head line in ‘THE WEEK’, “Who’s afraid of Namo?” followed by another line on the same cover. ‘The Priyanka missile hits the BJP where it hurts most, Modi?'  With ‘wisdom’ pieces from yours ‘faithfully’ M L Fotedar and Sam Pitroda
Frankly what was the journalistic purpose of this hype was not clear. Although the message was not lost. They were only telling the Congress and its president, that THE WEEK is batting for them and the dynasty is fine in Indian politics. There was nothing that can be called missile. It could be that they had only Priyanka that Congress had in its armoury to hit at BJP. She did her job to the best of her ability. But to what effect? is a question still rambling for an answer. Surely it is not as big as THE WEEK made it out to be. Of course, there were mudslingings from both sides of the divide. Both Congress and BJP are past masters in making controversial remark and then try to defend the indefensible. But Vadra’s land dealings, which made him a billionaire, except emotionally charging BJP that it is attacking her family, she could never explain the bonafide of his latest riches. The fact remains that Robert Vadra benefitted himself, and by extension his wife Priyanka and family enormously, in short few years through the politics of contact in Congress ruled states. And what is Robert Vadra’s antecedent and qualifications even to make a decent earning?    
   
 In the season of bad mouthing, there is competitive belligerence. If Yoga man Ramdev made uncharitable pun of Rahul Gandhi, Rahul’s sister was no less in being arrogant. Priyanka Gandhi (PG) had reportedly snubbed Smrithi Irani by questioning her existence, while campaigning for her brother Rahul Gandhi. Rahul Gandhi of Congress was fighting Smrithi Irani of BJP besides others in Amethi. Priyanka like most Congress men think that Amethi is the pocket borough of Gandhis and hence had wondered “Irani who?” referring to BJP candidate.
It displayed PGs ignorance and arrogance. Ignorance because, Smrithi Irani is not only an official national spokesperson of BJP but also a fairly known T.V. actress. As a spokesperson, she represents her party pretty well. Whether one agrees to what she says or not. She is knowledgeable and articulate. The same may not be the case of 2 Gs (Rahul & Priyanka). She is in public life due to her own capability and she has earned it. But what about these 2 Gs. Except their relationship to the Gandhi name, which is actually Ghandy from Firoz Ghandy, what else they can show off? Hence for Priyanka Gandhi to ask “Irani who?” is certainly exposes her arrogance, over confidence and ignorance.

That this man called Azam Khan, who is notorious as a minister in the UP government is also a kind of joke in this democratic country called India. His boss, Mulayam Singh, had the visions of being possible Prime Minister candidate in the recently concluded Election 2014. It is another matter that his party was fairly snuffed out by the Modi wave that swept the country. Due to sectarian inclination of this Mulayam Singh the minister Azam Khan has also become powerful exploiting his minority identity.
Most Indians are in the know of this ‘Missing Seven Buffaloes’ story of this Khan, and how in a matter of 36 hours, the police force under the supervision of district police chief and District Magistrate ensured the ‘recovery’ of these 7 missing buffaloes and the arrest of ‘culprits’. It was an emergency. Alacrity with which police acted was a matter of ‘praise’ for the police and in their ‘action packed drama’, the authorities even suspended 3 police men for 'dereliction' of duty. After all these 7 buffaloes were the prized possession of the temparental minister. Mind you, he did not complain but his ‘anger’ caused the ‘heat’ at Etawah district headquarters. Which promptly acted. It was some four months ago, and all non affected were sleeping peacefully, since, only the powerless were the victims of this buffalo saga. And comes the news that on 23rd May, the police in Etawah arrested seven automobiles thieves, one of whom confessed to the stealing of Azam Khan’s buffaloes, and police realised to their acute embarrassment that the earlier culprits were in fact innocents and the buffaloes recovered were not the stolen ones. Wah bhai wah! What can this be described as? Shouldn’t this District Magistrate and his police superintendent, be summarily dismissed and jailed for this flagrant misuse of power of the state?

GUJARAT: There is a growing perception that established political parties cannot bring about change. And it is becoming increasingly clear that there is truth in such thinking. Election 2014, has come and gone. As we are writing this, results are yet to be announced. Over 8000 candidates, all over India have tried their luck to be one of the 543 Members of Loksabha.
A good number among them are good and mean well. Probably they all have tried to do some good to the people without their selfish agenda. Such people are there in all parties. But party agenda has not much helped them in translating their visions into reality.
But there are also enough people, who are criminals’ thugs and robbers of public resources through their strong arm tactics. Then people live by brow beating law abiding aam aadmi, Terrorizing helpless, vulnerable people by pocketing the system, has been their way of life. Porbundar, the land of Mahatma, the land which gave the world, the apostle of peace, believe it or not, is going to be represented by a criminal goon.
BJP is represented by Vithal Radadia, who courted controversy by brandishing gun when stopped at toll booth for payment. He was the local Congress MP and joins BJP and wins the last Loksabha election. Now he is back again as BJP candidate. Opposing him is the Congress supported NCP candidate, reportedly, from a pure criminal stock. So one way or the other, it is going to be a criminal, representing the land of pristine purity of Gandhi Legacy.
 This is BJP and Congress for you.

MAHARASHTRA: If in Delhi, Apex Court has pulled up the government for the special treatment of senior babus for their non accountability in corruption cases, in Mumbai, reportedly, the cosy citadel of film actor Salman Khan is being rocked. Since the government of Home Minister R R Patil after 12 years has decided, under whatever pressure, to start afresh, the case of ‘Hit & Run’ on the actor. There have been witnesses coming up to prove the case.
Reportedly, 3 key witnesses have in a sessions court, identified the actor. They have apparently seen him getting down from the vehicle which ran over persons sleeping on the roadside footpath on Sept 28, 2002.
For the last several years, the police in Mumbai, apparently under the instructions of their seniors in the government were shoddily going about the case. However, it was at the instance of a session judge that charge of culpable homicide was added. One person was killed and four were injured in the accident which police had booked as ‘rash and negligent driving’, as normally they do for all powerful and moneyed offenders. As we have seen on innumerable instances, interpretations of the law changes, depending upon your paying capacity. Hope this time round, the noose tightens for the actor who thought that politics and money can help you all the time, evade the law of the land.

KARNATAKA: Bangalore has not made any newsworthy reportage for a long time. When govt of BSY was in power, Karnataka was in the news for mostly wrong reasons. However, the new government of Siddaramayya did make news for that 30 kg rice for Rs. 30/-, which most beneficiaries were only selling it in the open market for Rs 300 or more. But here comes news that is not only disturbing but is also deeply worrying.
It is the story of non-performance or serious lack of performance of a Government of Karnataka undertaking. According to CAG, Karnataka Road Development Corporation Ltd (KRDCL) was given the target of completing 404.67K.m. of road building for the period of 5years, from 2008 to 2013. But the government corporation completed only 86.47kms. In other words, against the target of 80 K.ms per year, it could do only 20K.ms. So this was a case of monumental failure. The CEO of this Corporation should be sacked immediately. If failure to perform is a reason enough to sack the CEO, there were several irregularities too. According to the CAG, both in calling tenders and in awarding contracts rules were not followed. They were arbitrarily done like design change after awarding contracts, and the deliberate delay in acquiring land. This, observed the watchdog, caused immense cost overruns. These are well known tricks of the authorities concerned to award larger compensation than the rates quoted to loot the system for the benefit of the persons authorized to award contracts. CAG also found laxity in fixing concession period for toll collection under PPP arrangement of road constructions, in which state suffered huge loss of revenue and private parties were unduly benefitted by crores of rupees. These are very serious issues of robbing the national resources, but unfortunately, these audit report of CAG rarely see accountability in the quid-pro-quo or ‘you scratch my back & I scratch yours’ principle, between the politician-babu nexus. This is Yeh Mera India.

WORLD: As usual more often than not, Pakistan is in the wrong news. Latest being that of two Indian scribes, one from PTI and other from The Hindu, were asked to leave Pakistan in a week’s time from the date of notice. While, the action is entirely regrettable and unfortunate, as MEA responds, it is a reflection of intolerance by the entrenched ISI and army higher-ups, who would rather want a simmering relationship than see improvement in the love-hate relationship between India and its Western neighbour. According to report coming from Islamabad, the domestic dynamics within the political class and army, do not like Indian press persons writing about the issues within Pakistan as per writers perspectives which is increasingly seen as anti-Pakistani or anti-Pakistani establishments. Just because a country allows one to stay  within its borders these journos cannot whitewash what they can see and report. If they interview persons, with whom government or army is not comfortable with, the views of those who are opposed to the government, it cannot be published. This may be a difficult proposal. These situations can be appropriately handled by guidelines to these journos rather than sending them away from the country. By their thoughtless action, Pakistan has closed a possible door or window, which was open or ajar, for any open-ended initiative for bettering our – improving - not improving – improving – not improving - blow hot – blow cold ‘friendship’. When will Pakistan grow-up?

A London date lined report informed “British kids innocently poison teacher’s coffee”.
Of course, the teacher, one Emma Place from Clapam Terrace Community Primary School, was saved in time by another student, who warned her, not to drink the coffee. The police, who were called, felt that kids aged 10, probably did not realize the seriousness of what they were doing. But the ‘Independent’ reported that they could have been arrested and charged with the offence, since the age of criminal responsibility in Britain is 10 years.
If Britain, in their wisdom, think that 10 years could be the age of criminal responsibility there is no reason, why such a wisdom has not dawned on Indian judiciary. Judiciary in India has steadfastly refused to reduce the age of minor from 18 to even 16, for the purpose of criminal responsibility, where the crime committed by these juveniles is most dastardly, heinous and calculatively cold.
There is a serious need to do some rethink and national debate on this issue of age of minors especially for violent crimes. The most worrying part of the scene is adults using boys just under 18 to commit murders and get away as juveniles under the present act. It is time judiciary and society wake up to the hard reality facing them.

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