IMC-USA Weekly News Digest – November 16th, 2009

by on November 15, 2009

In this issue

Communal Harmony

News Headlines

Opinions & Editorials

Communal Harmony

Fine example of communal harmony (Nov 10, 2009, Times of India)

It is indeed a welcome sight to see Hindus bidding adieu to Haj
pilgrims heading to Saudi Arabia. In an era, when politicians are
sowing the seeds of hatred on the basis of religion, a fine example of
cultural camaraderie and Ganga Jamuna tehzib is being witnessed in
Sangam City as numerous Hindus are seen greeting their Muslim friends
and neighbours who are going to perform Haj. A unique feature of this
year’s Haj is that several young men are also going to the annual
pilgrimage, which is generally performed by people when they reach the
twilight years. Hindu friends of these youngsters are visiting their
houses and greeting them. It is really heartening and an example for
others to follow. It is a general trend that friends, relatives and
neighbours visit the house of the persons who are going to perform Haj.
This year, several hajis from the city are boarding the flights from
Varanasi. The pilgrims are heading for Varanasi from the city in phases
and according to the schedule of the flights which have started from
November 3 and continue till November 18. Close relatives and friends
are thronging the house of the people who are going to perform Haj.
Hindu friends are making arrangements of taxis that would take the
pilgrims from Allahabad to Varanasi. Some Hindu youngsters are even
accompanying the young Muslim pilgrims to Varanasi.

It is a
general perception that people in the old age go to perform Haj when
they are free from the worldly duties but this time many young people
are heading for Haj. A newly married couple is among the pilgrims. The
groom’s mother is also accompanying the couple. Adil Iqbal, who got
married in March, said that Allah had been kind to him that he is going
to perform Haj so soon after marriage. "I am taking my wife to promote
better understanding and co-operation in our relationship. It was my
dream right from the childhood to perform Haj and I am happy that my
dream is being fulfilled," he said. Athar Kalam (32) is going to
perform Haj with his younger sister and father and mother. He said, "I
am thankful that Allah has given me the opportunity to perform Haj at
this young age. He said that more young people should go to Haj when
they are in good financial and physical health." Syed Shamim Ahmad
Gauhar, sajjad nashin of Khanqa Abu-al-Aloiya said that it is an
appreciable trend that young people are going to perform haj. According
to Islamic tenets, if a person has the required amount of money and
good health and is adult, then he is eligible for performing Haj.

Jawwad
Haider Rizvi of Madarsa Anwar-ul-Uloom said that it is generally
perceived in the sub-continent that people perform Haj in old age. But
in Islam, if the person has the required money and good health to
perform Haj, then he should go for the pilgrimage. The matter of
marriage and construction of houses should not come as a hindrance to
stop one from the pilgrimage. As many as 586 pilgrims are from
Allahabad and 100 from the adjacent district of Kaushambi.

http://timesofindia.indiatimes.com/articleshow/5216840.cms

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Dont disrupt communal harmony over language: Governor (Nov 11, 2009, PTI)

Against the backdrop of the assault on Samajwadi MLA Abu Azmi by MNS
legislators for not taking oath in Marathi, Maharashtra Governor S C
Jamir today said any attempt to disrupt communal harmony on grounds of
language would be dealt with firmly. Jamir also said the State
Government would preserve glory, prestige and honour of Marathi
language.

"The Government is committed to maintain the communal
as well as linguistic harmony in the state. Any attempt to disturb this
social equilibrium and communal harmony on the grounds of caste, creed
or language will be dealt with firmly," he said addressing a joint
session of the state Legislature here.

Jamir’s remarks assume
significance in the context of the attack on Azmi inside the Assembly
on Monday for taking oath in Hindi and not in Marathi. Four MNS
legislators have since been suspended from the Assembly.

http://www.ptinews.com/news/372544_Don-t-disrupt-communal-harmony-over-language–Governor

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News Headlines

Modi ignored Jafris plea for help: Rupa Mody (Nov 11, 2009, Indian Express)

Chief Minister Narendra Modi had not responded to the pleas for help
from Congress MP Ehsan Jafri before the massacre began at Gulberg
Society in 2002, Rupa Mody, who lost her son in the killings, told the
specially designated trial court in Ahmedabad on Tuesday. Her
deposition tallies with the one given before the court by another
eyewitness to the massacre, Imtiaz Pathan. Rupa had lost her
eight-year-old son Azhar in the Gulberg Society massacre and her story
had later inspired the Hindi movie, Parzania. The movie was not
screened in Gujarat following widespread opposition by the saffron
brigade in the state.

Rupa told the court that on February 28,
2002 when Gulberg Society residents were attacked by a communal mob,
Jafri had told her about his telephonic conversation with Narendra Modi
requesting him for protection. Jafri had also told Rupa that he did not
get appropriate answer from the CM, she stated in the court. Rupa
identified some of the accused in the case allegedly involved in the
carnage and instigating the mob. She further told the court that 2-3
months after the incident, the then police inspector of Meghaninagar
police station, KG Erda, also one of the accused in the case, had made
her sign an affidavit in his favour in connivance with two other
accused, Dr Atul Vaidhya and Bharat Teli.

She said the three had
assured her that they will help her in finding out her missing son.
According to Rupa, she also had a telephonic conversation with the then
Police Commissioner of Ahmedabad City, P C Pande and that she had
requested him to provide police protection. She said the Commissioner
had even asked her about the number of the people stranded in the
society but no help was sent. Rupa said the attack actually intensified
immediately after her conversation with Pande. She said with no state
help coming their way, Jafri decided to surrender himself before the
mob to save the lives of those who had taken shelter inside his house.
Rupa said that her son was with her at Jafri’s residence till she was
hit by a burning rag and fell unconscious. When she regained
consciousness, her son was missing. Special Public Prosecutor R K Shah
and his assistant Nayana Bhatt examined Rupa. She was cross-examined by
defence lawyer Mitesh Amin.

http://www.indianexpress.com/story-print/540054/

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Goa bombers tried to leave Muslim imprint (Nov 8, 2009, Indian Express)

Investigators believe that the Sanatan Sanstha men who were killed
while allegedly planting bombs in Goa during Diwali celebrations last
month were hoping to fan communal tensions by misleading the police
through items they wanted to leave behind at the site: a shopping bag
from a shop in ‘Khan Market’, Delhi, a bottle of traditional perfume
popular among Muslims and an empty bag of branded Basmati rice on which
all the words were in Urdu. The items were recovered by police from the
site of the crude bomb blast in Margao on October 16 in which two
Sanatan members, Malgounda Patil and Yogesh Naik, were killed. It was
found after investigations and the subsequent arrest of two men
suspected to be linked to Patil and Naik that they were allegedly
carrying these items to leave them behind at the blast site and signal
a Muslim hand.

"The material was enough to spark communal trouble
in Margao and extremist elements from outside would have found it easy
to aggravate it," said an officer who spoke on the condition of
anonymity. Margao, Goa’s main commercial city, is represented by Chief
Minister Digambar Kamat in the state Assembly and has a large Muslim
population. Kamat, incidentally, was near the site of the blast, taking
part in the Diwali celebrations but was not hurt. The alleged plan to
indicate the bomb blast to be the handiwork of Muslim groups had echoes
of the Malegaon bomb blast last year, the officer said. Members of
Hindu extremist group Abhinav Bharat, who have been accused for that
blast, had parked the motorbike packed with the bomb below the defunct
first-floor office of the outlawed Students Islamic Movement of India
(SIMI).

Patil and Naik are accused of planting three bombs at the
crowded Diwali celebrations in Margao and another at a celebration in
Sancaole town 20 km away. Of these, only one of the bombs in Margao
exploded, prematurely police say. While Patil died within hours, Naik
succumbed to his injuries in hospital days later. Patil worked as an
administrator at the Ramnathi headquarters of Sanatan while Naik, a
teacher at a school for mentally challenged students, supplied milk to
the organisation and circulated its mouthpiece Sanatan Prabhat.
Subsequently, the Special Investigating Team constituted by the Goa
police to probe the blast arrested Vinay Talekar and Vinayak Patil,
alleging that they were linked to the conspiracy. Sanatan has denied it
had anything to do with the blast.

http://www.indianexpress.com/story-print/538736/

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Abu Azmi slapped by MNS MLA for taking oath in Hindi (Nov 9, 2009, Indian Express)

In an unprecedented incident, MNS MLAs on Monday attacked Samajwadi
Party legislator Abu Azmi inside the state assembly for taking oath in
Hindi and not in Marathi marking a violent debut for Raj Thackeray’s
party in the House. Stung by what Chief Minister Ashok Chavan called as
"goondagardi" (hooliganism) by Maharashtra Navnirman Sena never
witnessed in the House, the Assembly acted tough and passed a
resolution suspending four MNS members from the House for four years
within hours after the chaos. The MLAs were also accused of misbehaving
with a woman MLA. The resolution moved by parliamentary affairs
minister Harshvardhan Patil to suspend Shishir Shinde, Ramesh Vanjale,
Ram Kadam and Vasant Geete was approved by voice vote.

Stating
that hooliganism will not be tolerated, Chavan also did not rule out
action against MNS chief Raj Thackeray saying this will be taken if the
video footage of his reported comments outside the Assembly showed he
had instigated his party MLAs. The three-year-old MNS, which returned
13 members to the House, all first timers, unleashed chaos during the
oath taking by the new MLAs in a turbulent start to the maiden session
of the 12th state Assembly. The proceedings in the backdrop of the
so-called diktat by Raj Thackeray that all members must take oath in
Marathi or face consequences went on smoothly until Azmi’s turn came
when he was manhandled by MNS members who pushed and punched him for
insisting that he will take oath only in Hindi.

Ram Kadam
allegedly slapped and hit Azmi on the chest and shoulders while Ramesh
Vanjale snatched the microphone and uprooted the podium as a result of
which the paper from which he was reading out his oath fell. As Azmi
began reading out the oath in Hindi, the MNS members tried to shout him
down and asked him to switch over to Marathi. When Azmi remained
defiant, they menacingly advanced towards him. The SP leader, who
picked the paper up and continued reading out the oath, was seen
engaged in a heated argument with the MNS legislators as the House was
drowned in din leading to a 30-minute adjournment. As Azmi was being
roughed up, some MNS members were seen carrying banners and shouting
pro-Marathi slogans. MNS MLAs surrounded Azmi from all sides when the
House had hardly been adjourned. Ashok Chavan and energy minister Ajit
Pawar rushed to calm the frayed tempers.

Speaking to reporters
outside the House, an unfazed Azmi defended his decision of taking oath
in Hindi and said he had done nothing to warrant such action by the MNS
MLAs. But an unrepentant Ram Kadam justified his action saying Azmi’s
insistence on taking oath in Hindi betrayed his lack of respect for
Marathi language and people. The incident evoked widespread
condemnation across the political spectrum with demands being made for
stern action against the erring MNS MLAS.

Ashok Chavan said
Constitution of India allowed members to take oath in any language. The
four suspended members will not be allowed to enter the premises of the
Assembly in Mumbai and Nagpur, he said. Buoyed by the impressive
Assembly debut of his party, Raj had recently announced his legislators
would ensure that all MLAs took oath in Marathi taking the politics of
regional chauvnism straight to the Assembly. "If any MLA does not take
oath in Marathi, the House will see what happens," Raj had threatened.
Raj issued a reminder today, asking all 287 MLAs in the House to take
oath in Marathi.

http://www.indianexpress.com/story-print/539149/

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Case of treason filed against MNS chief (Nov 12, 2009, Times of India)

Following a ruckus in the Maharashtra assembly, a case of insult to
Hindi language and treason has been filed against Maharashtra Navnirman
Sena (MNS) chief Raj Thackeray with the CJM court. Hamid Raja Khan, a
lawyer practicing with the district court has filed the case under
section 295A, 298, 153A and 121 of Indian Penal Code (IPC) seeking
legal action against the MNS leader for insulting Hindi language on the
floor of the House.

The complaint alleges that Raj Thackeray
asked his legislators not to take the oath of office in Hindi, which is
an act similar to treason. The lawyer has urged the court to prosecute
the firebrand leader and his MNS functionaries for indulging in
activities that tantamount to treachery. The case will come up for
hearing on November 16. Demanding withdrawal of the political party
status conferred to MNS by the Election Commission of India, the lawyer
also sought punishment for all the members of MNS including four
legislators facing four year suspension from Maharashtra assembly for
misconduct on the floor of the House.

The conduct of the
legislators on the directive of their leader Raj Thackeray was not in
consonance with the fundamentals of the Constitution of India and it
appears that they are running a well planned conspiracy to break the
country on the lines of regionalism and language, asserted the young
lawyer.

http://timesofindia.indiatimes.com/articleshow/5224341.cms

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Kodas empire crumbles; money trail runs deep (Nov 10, 2009, IBN)

Former Jharkhand Chief Minister Madhu Koda continues to claim that
he is "innocent and is being framed" but it seems words may be his only
defence. With each passing day things have got worse for Koda. CNN-IBN
has access to documents which reveal that the Enforcement Directorate
(ED) is set to file charges against Koda and his former colleagues.
Koda will be charged under Section 420 and 120-B of the IPC, both
related to cheating and committing fraud. He will also be booked under
Prevention of Money Laundering Act.

Koda’s colleagues Kamlesh
Singh, Bandhu Tirkey and Sanjay Chaudhary will also be booked under
similar charges. The focus though, is on Binod Sinha who is a friend
and key aide to Koda. Sinha is being charged of investing Rs 200 crore
in real estate. He reportedly deposited as much as Rs 20 crore on
several occasions in a Jamshedpur bank with the following account
number: 006810114844001. Sinha allegedly floated 14 companies in India
and two companies in Dubai in collaboration with Sanjay Chaudhary. The
cost of the much talked about mine in Liberia – $17 lakh – was all paid
for in cash by Koda.

Till 2007, Koda was only investing in real
estate. During this time he was a minister but his fascination with
mines started in 2007 when he became the Chief Minister of Jharkhand.
Among others, Koda’s aide Tirkey reportedly bought flats in Delhi’s
Vasant Vihar for Rs 8 crore. The Income Tax department sleuths
questioned Koda at his residence in Ranchi, after having discontinued
it in the wake of his illness on November 3. Koda has also been
summoned by the ED on November 15. With evidence against him and his
associates increasing by the day, his arrest seems to be imminent. But
will he go down alone or will there be other big names as well who were
his partners in crime?

http://ibnlive.in.com/news/kodas-empire-crumbles-money-trail-runs-deep/104975-37.html

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Akali Dal approaches NHRC on 1984 riot cases (Nov 5, 2009, Express India)

A delegation of the Shiromani Akali Dal led by Punjab Chief Minister
Sukhbir Singh Badal met Chairman of the National Human Rights
Commission (NHRC) in New Delhi, urging their intervention in the
prolonged 1984 anti-Sikh riots cases. Talking to reporters, Badal said
that the Congress-led government has failed to bring to justice those
responsible for attacks on Sikhs after the assassination of Prime
Minister Indira Gandhi 25 years ago. "In spite of Central Bureau of
Investigation (CBI) proceeding against Congress leaders Sajjan Kumar
and Jagdish Tytler, none of them has yet been brought to book," he
added.

"Even after 25 years not a single culprit has been put
behind bars. Even Nanavati report recommended registration of case
against Sajjan Kumar, it’s taken CBI four years till date. Challans
have not been put in court. The CBI has requested the government of
India permission to prosecute but the government of India is not giving
permission. Why? Because everyone knows in 1984 riots who was behind it
and they want to shield the culprits," said Badal.

He urged the
NHRC to ask the Central government to speed up the trial of criminal
cases against the accused, as recommended by the Nanavati Commission.
"We requested the Human Rights Commission to actively pursue these
cases and be a part of this in court so that actual views can be put
forward by them also as well as by various lawyers," said Badal. Over
3,000 Sikhs were killed in the riots in various cities following the
assassination of Indira Gandhi by the Sikh guards on Oct 31, 1984.

http://www.expressindia.com/story_print.php?storyId=537648

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Top Maoist leader claims responsibility for killing of jawans (Nov 9, 2009, Deccan Herald)

Claiming responsibility for the gunning down of four Eastern
Frontier Rifle jawans, the CPI (Maoists) on Sunday night dared the West
Bengal and Central governments to deploy as much forces as they wanted
in the trouble-torn West Midnapore district. "We have killed the four
jawans as they tortured innocent school children who had taken out a
rally in the area on Saturday demanding the educational institutions be
vacated by joint security forces and their classes resume at the
earliest," Maoist leader Koteshar Rao alias Kishanji told reporters
from an undisclosed destination.

"We will win the war. Let the
Centre deploy as much forces as they want," the top Maoist leader shot
back. To a question if the attack was a challenge posed by the Maoists
to West Bengal Chief Minister Buddhadeb Bhattacharjee who left the
district just two hours back, Kishanji retorted "But we have long
before challenged the central and state governments, and as I have just
said, the war is on."

Four EFR jawans were killed in a surprise
assault by Maoists while they were patrolling near Gidhni Bazaar in the
Jhargram sub-division of West Midnapore district today, barely hours
after Bhattacharjee left after a two-day visit. The ultras also took
away the arms of the four slain jawans.

http://www.deccanherald.com/content/35000/top-maoist-leader-claims-responsibility.html

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SIT summons 19 cops in Ishrat case (Nov 7, 2009, Times of India)

The special investigation team (SIT) appointed by the Gujarat High
Court to probe the Ishrat Jahan encounter case has issued summons to 19
police officials. These officials include police inspectors as well as
superintendents of police and will have to record their statements with
the SIT. The HC recently handed over investigations of the
controversial encounter to SIT which is being headed by additional
director general of police Pramod Kumar, inspector general of police
Mohan Jha and deputy IG JK Bhatt.

The three police officers
along with their team recently visited Mumbra in Mumbai where Ishrat
Jahan lived and also went to Javed Pillai’s house in Pune. Ishrat and
Javed along with two others were termed as LeT terrorists from Pakistan
and killed in the encounter in 2004. A team of Gujarat police officials
has recorded statements of family members of Ishrat and Javed to know
how long they stayed in their hometowns and when were they last seen in
these cities. The team also probed where the duo had purchased the car
in which they were gunned down by Ahmedabad crime branch officials.

The
cops present at the encounter site near Kotarpur water works will be
allowed to narrate their side of story before the SIT. Some of the cops
involved in the encounter are already behind bars in connection with
the Sohrabuddin Sheikh fake encounter case. But, they have not yet been
questioned in this regard. Moreover, the SIT’s term for investigation
concludes on November 30. Sources have said that only 25 per cent of
the investigations are over. They also added that the team might seek a
couple of months more in order to complete the probe.

When the HC
ordered SIT to take over the probe of Ishrat Jahan encounter case,
during the same time judicial magistrate of metro court SP Tamang had
tabled an inquiry report, branding the encounter as fake. The report
had sent shock waves through out the police department and the state
government. Tamang has also raised several questions in his report on
the role played by the then police commissioner KR Kaushik in the
encounter.

http://timesofindia.indiatimes.com/articleshow/5204660.cms

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Riots an outcome of govt failure (Nov 14, 2009, Times of India)

On the backdrop of the recent religious strife in Sangli and Miraj,
special inspector-general of police Suresh Khopade on Friday said
communal riots were an outcome of administrative failure. Khopade, who
pioneered the concept of mohalla peace committees to maintain communal
harmony, was speaking at a function organised by the Pune Union of
Working Journalists. The committees were first set up in the then
riot-prone Bhiwandi township in Thane district in 1988. The model was
subsequently implemented across the state.

Speaking to the
media on Friday, Khopade said politicians have a role in the occurrence
of riots. Criticising the working of the police department, he stated:
"In the present scenario, the police department merely tries to control
communal tension. Hardly any steps are taken to restrict the spread of
the strife to other areas. Besides, the police also have to initiate
measures to maintain peace and law and order." Khopade observed that
the mohalla committee concept was not being implemented seriously.
"While working in Bhiwandi, I conducted an empirical study of communal
riots in the city from 1960 to 1984. Based on the findings, I tried to
built a strong mohalla network by introducing mohalla committees. The
step was taken to avoid communal tension and establish a free dialogue
between the police and the residents."

Elaborating on the
model, he said, "People from diverse backgrounds from one locality came
together to form the mohalla committee. This created a platform to
discuss issues across the table, which lead to the promotion of
communal harmony." The experiment proved successful, the IPS officer
said, and calm was maintained at Bhiwandi even as many cities in the
country witnessed bloody riots following the demolition of the Babri
Masjid in 1992. Khopade also called for newer methods by the police to
increase the dialogue between the common people and law enforcers.

http://timesofindia.indiatimes.com/articleshow/5228162.cms

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No terror angle in love jihad: Probe (Nov 14, 2009, The Tribune)

The hyped case of "love jihad" turned out to be a case only of love
with no trace of any jihad involved in the relationship between a boy
and a girl belonging to different religions.

The BJP government
in Karnataka showed considerable energy in probing the "love jihad"
angle behind the affair between the Hindu girl and a Muslim boy, but
failed to gather any evidence to say the affair between the two was
part of a conspiracy orchestrated by Islamic jihadists to convert
non-Muslim women to Islam by entangling them in love affairs.

The
state government, in its report submitted to the high court today,
conceded that there was no evidence to say that this newest variety of
jihad existed in the state. Shailja, a Hindu girl from Chamarajnagar
district of Karnataka, whose marriage with Ajgarh, a Muslim boy from
Kerala, had prompted the high court here to ask the state government to
probe if it was an instance of love jihad, told the court she had
married Ajgarh voluntarily and would want to stay with him. The court
granted her the right.

http://www.tribuneindia.com/2009/20091114/nation.htm#9

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Opinions and Editorials

The Goonda Raj – Editorial (Nov 10, 2009, Nav Hind Times)

The assault on the Samajwadi Party MLA, Mr Abu Azmi in the
Maharashtra assembly by Maharashtra Navnirman Sena (MNS) members for
taking the oath in Hindi shows the growing power of the lunatic fringe
in Indian politics. These lunatics are last to respect any norms in
parliamentary or even human behaviour; they perceive themselves to be
normal only when they are out of their mind. The assembly by a majority
resolution has suspended four MNS members – Messrs Shishir Shinde, Ram
Kadam, Ramesh Wanzale and Vasant Gite – for four years for assaulting
Mr Azmi. But no action has been taken against them for their
intimidating, aggressive and criminal behaviour of which not only Mr
Azmi is a sufferer but a woman member is also a victim. Physical attack
constitutes a criminal act and it attracts penalties.

Action also
must be taken against the MNS chief, Mr Raj Thackeray who prides
himself in taking liberties with freedom of expression and provoking
and inflaming communal passions every now and then. For more than three
years Mr Thackeray has been uttering incendiaries against North Indians
and spreading chauvinism. He issued diktat to legislators to take oath
in Marathi or face consequences, thus provoking his legislators to
attack anyone who defies the diktat. But the government of Maharashtra
has not taken action ever to restrain him. We can hardly be sure that
the Congress will not move a resolution after some time revoking the
suspension of the four MNS members. The audacity of the suspended
members could be judged from the fact that they compared their
suspension with the suspension of Indira Gandhi. If the government
wants to show it is serious it should work to see that they are
expelled from the House. This would send a strong message.

Mr
Raj Thackeray must understand that subverting the Constitution which
allows members to take oath in any language-and Hindi is the national
language-and using muscle power will not help him entice but a minority
of the Marathi manoos. He should take lessons from the fate of his
uncle Mr Balasaheb Thackeray. He cannot ignore that over the years the
demographic character of Mumbai has undergone changes. Out of 1.5 crore
population, North Indians make up 30 per cent. If the percentage of
South Indians and Gujarati/Marwaris living in Mumbai is added to it
then almost 82 per cent people living in Mumbai are outsiders and only
18 per cent of the population are original natives of Maharashtra. In
this background the claim of Mr Thackeray that Hindi is not used in
Maharashtra is simply ridiculous.

Mr Thackeray must not be stupid
to pretend being taller than the Indian Constitution. His actions and
utterances have been in blatant violation of the norms and provisions
of the Constitution. What a coincidence the day his legislators were
spitting venom against Hindi and North Indians, the deputy chief
minister of Bihar, Mr Sushil Kumar Modi was honouring meritorious
Marathi students at a function organised by the Mumbai Chapter of Bihar
Foundation. All of us must act fast and strongly but nonviolently
before MNS actions invite revenge attacks on Marathi speaking migrants
in other states.

http://www.navhindtimes.in/opinions/4922-the-goonda-raj-

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Whats in an oath? – By Rajeev Dhavan (Nov 12, 2009, Indian Express)

The unnecessary controversy over Abu Asim Azmi taking his oath in
the Maharashtra assembly has eclipsed the issue of taking action
against the goondaism that brutally disrupted proceedings in the House.
Should such action go unpunished? And, remain uncorrected? Are such
blemishes in India’s parliamentary democracy to remain? There can be
little doubt that such action constitutes a breach of privilege. The
cameras recorded the entire embarrassment of events. They can identify
exactly who is responsible for what. No democracy can survive to
maturity if this kind of nonsense holds it to ransom. The correct
course of action is for the Speaker to issue breach of privilege
notices to those who directly participated in this breach, as well as
those who conspired to make it happen. This means notices should go to
Raj Thackeray to ask him of his complicity in the conspiracy. If he
says he was not part of the conspiracy to disrupt the assembly, he
would knock himself down a peg or two on this issue. If he admits his
involvement, he must be punished along with the others, albeit by token
suspension for the legislators and censure for the non-assembly
conspirators. At this stage, to punish by imprisonment would make
martyrs of such persons. But, issuing process of breach of privilege is
a must. Indian legislative democracy has been bruised too often. The
fact that indisciplined elements may react with further disruptions is
precisely the reason for issuing process promptly and dealing with the
disrupters and conspirators wisely.

No institution, meeting or
game can survive without the imposition of such discipline. Erring
football stars are sent off the field. Cricketers are fined and banned.
Court proceedings take place with dignity and free expression,
precisely because of the law of contempt does not permit such
disruption in the face of the court. It cannot take place at cabinet
meetings – or any meeting for that matter. There is a time and place
for protest. The legislative assembly is not a place for disruptive
protest with impunity. Democracy works through governance by
institutions. If the institutions collapse or become unworkable,
democracy will also slowly collapse. I now turn to the oath. The Third
Schedule of the Constitution prescribes such an oath for all ministers,
all legislators, judges of the high courts and Supreme Court, the
comptroller and auditor general. The president’s oath is separately
prescribed (Article 60), as also of the vice-president (article 69) and
the governor (Article 159). There was always a Hindi version of the
Constitution. But if there is any doubt, the 58th amendment mandates
the president to publish an authoritative text of the Constitution and
every constitutional amendment of it in Hindi (Article 394A). If
someone wants to take their oath in Hindi, they are doing no more than
following authoritative text of the Constitution itself!

It
should not be necessary to go into the language policy of the
Constitution. The Constituent Assembly wrestled with this question with
a fear that separatist language demands could prove divisive. Mahatma
Gandhi, who wrote evocatively in Hindi, English and Gujarati, put Hindi
on the agenda. The Congress adopted a Hindustani (a mixture of Hindi
and Urdu) policy in its meeting. When in 1946, R.V. Dhulekar insisted
that the assembly’s rules be in Hindi, denying non-Hindi speakers the
right to remain in the assembly, his intervention was cut short and a
committee’s compromise of Hindi and English was accepted. With
foresight, Ambedkar foresaw Hindustani being "Sanskritised" by Hindu
writers and "Arabicised" by Muslim writers. The debate on Hindi and
English was fast and furious to a point where tempers got frayed.
While, initially, Nehru did not want a provision on language in the
Constitution, and discussion on the future language to be used in
Parliament and state legislatures was postponed, Munshi and Gopalaswami
Ayyangar made proposals. In the debate over 300 amendments were made
over Hindi, Hindustani, English and the state languages.

The
initial constitutional compromise was to continue English for 15 years
- to be replaced by Hindi as the official language, with the states
being given freedom to develop their own language (Article 343). A
National Language Commission would further these goals. Meanwhile, the
states were reorganised in 1956 and 1966 on linguistic grounds. There
are detailed provisions for both state languages (Articles 345 and 346)
and special provisions for minority language within states in the
Constitution (Articles 347, 349). Linguistic claims and minorities were
to be protected (Article 29, 30 and 350B). The Eighth Schedule of the
Constitution now recognises 22 languages which are to be developed and
preserved. Hindi was to be developed drawing from Sanskrit and other
state languages (Article 351). While parts of the Constitution are also
a dustbin for expressing concerns, the language policy was pragmatic
with a preference for Hindi and with protection for not just state
languages, but those of the minority too. Hindi speakers in Maharashtra
cannot be denied a constitutional choice. The practice of various
assemblies in India has concentrated on the content rather than the
linguistic form of the oath. The important value attached to the oath
is to defend the Constitution and accept the rule of the Constitution
as not just the rule of law but also the rule of the heart. It is
reported that in Madhya Pradesh and Punjab members have taken their
oath in Sanskrit. In Chhattisgarh, MLAs took the oath in their own
dialect.

In West Bengal, so proud of Bengali, oaths have been
taken in various other languages, including Nepali. In Andhra Pradesh,
MLAs have taken their oaths in Hindi and Urdu. Sometimes "oath-taking"
in a particular language becomes a symbolic political statement. In
Punjab, BJP MLA Lakshmi Kanta Chawla took his oath in Sanskrit – an odd
favourite from time to time. In 2008 in Jammu and Kashmir, 11 members
of the BJP insisted on oath taking in Dogri whilst Abdul Rashid took
his oath in Kashmiri. Most important to our present controversy is the
fact that the Maharashtra Ekikaran Sangam members in Karnataka took
their oath in Marathi. So, a Marathi speaker can take the oath in
Marathi in some other state, but in the latest fracas a linguistic
minority speaker was denied the right take his oath in a language of
his choice in Maharashtra! What is even more ironical is that even in
the Maharashtra assembly, two BJP members took their oath in Sanskrit
(Girish Bapat, Girish Mahajan). Congress members took their oath in
Hindi (Amin Patel, Ramesh Singh Thakur) and English (Baba Siddique). It
is said the Samajwadi Party MLA, Abu Asim Azmi, drew attention to
himself and his choice of language. Suppose he did, so what? India is a
multi-lingual country whose Constitution affords linguistic choice as a
constitutional right. To make a plea for a language is permissible. To
do so with violence in the state legislature with disruptive and
divisive aims and ends is not.

http://www.indianexpress.com/story-print/540431/

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RSS tightens its grip on the BJP – Editorial (Nov 9, 2009, Express Buzz)

The myth about the RSS being a cultural organisation, which does not
interfere in the affairs of the other Sangh Parivar constituents, has
now been busted for good. Mohan Bhagwat’s declaration that the next
president of the BJP will not be from Delhi and that "someone other"
than Arun Jaitley, Sushma Swaraj, Venkaiah Naidu and Ananth Kumar will
be chosen confirms the stranglehold of the Nagpur patriarchs on the
supposedly autonomous BJP. Not only has the sarsanghchalak spelled out
who will be and who will not be the next party chief, a spokesman of
the RSS, Ram Madhav, has also specified the timeline for the
organisational changes.

According to him, Rajnath Singh will have
to go by the end of the year to pave way for the installation of the
new president in January. Then, L K Advani will have to step down from
the position of the opposition leader in the Lok Sabha in February.
Rarely before has an apparent outsider been so specific about the
retirements and appointments of a political party. But the RSS is
probably in a hurry because the BJP’s present sorry condition,
underlined yet again by B S Yeddyurappa’s tearful television
appearance, has left the paterfamilias with no option but to intervene
purposefully.

What was noteworthy about the prescription was the
pointed exclusion of anyone from Delhi along with the two leaders from
Hyderabad and Bangalore. Arguably, the belief in Nagpur is that these
four have been too long under the tutelage of Atal Behari Vajpayee and
Advani to be amenable to directives from the head of the parivar.
Besides, the fact that large cities tend to give a wide perspective to
its residents may have guided the RSS. Its choice of Rajnath Singh
after Advani’s ouster in 2005 showed its preference for a ‘provincial’
person, which is how Jaswant Singh described the present party
president.

It will be interesting to see whether the BJP follows
these dictates in toto or whether there are any voices of dissent. But
even if the changes take place in total silence, the BJP’s abject
subjugation will not enhance its prestige. On the other hand, any show
of defiance can lead to a splintering of the party. While Advani’s
advanced age may leave him with no alternative but to quietly bow out
of public life, whether Jaitley and the others will be equally
submissive is yet unclear.

http://www.expressbuzz.com/edition/print.aspx?artid=vQKKCn6mMts=

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Mining A Sad State Of Affairs – By Ashok Malik (Nov 21, 2009, Tehelka)

Money and politics are scarcely strangers. Why, then, was the
rebellion of the Reddy brothers in the Karnataka BJP so different? They
were not the first freebooters to attempt to buy political influence.
However, while other businessmen traditionally did this from the
outside, the Reddys sought to force regime change and remove the chief
minister himself. An uneasy truce has been reached, but nobody expects
it to last. Business motivations have shaped the BJP’s politics
elsewhere, too. It is widely believed that the party’s decision-making
in Haryana – where it refused to ally with any regional strongman and
seemed determined to give the Congress a walkover – was inspired by
real estate operators who are Ashoka Road regulars. These lobbies and
individuals are not new to the BJP. Until April 2006, the political arm
controlled the business appendage. Today, the tail wags the dog.

It
is important to see this heightened vulnerability as unique to the BJP
rather than a general trend engulfing all mainstream parties. In turn,
this is a direct result of the emaciation of the BJP central
leadership. Once it lost political credibility and mass appeal, the
surrender to carpetbaggers was inevitable. If this had been, say, 1999,
the Reddy brothers would not have shoved Atal Bihari Vajpayee around.
This is, however, 2009, and Rajnath Singh is another matter. An analogy
might help. In the 1990s, the judiciary gradually began to upstage the
executive and become larger than life. To some degree, this was a
reflection of the activism of individual judges. In a greater sense,
the rise of the judiciary was correlated to the ascension of confused
coalition governments and the propensity of a compromised executive to
duck hard issues.

A similar process is playing itself out in the
BJP. The politicians, however, are losing out not to an upright
judiciary but to downright piracy. It is worth noting that the same
Reddybacked political adventurism is also threatening the Congress in
Andhra Pradesh, where it wants to impose YS Jagan Reddy as chief
minister. However, the Congress brass has been able to stave off the
challenge. This indicates that the problem is less money-power and more
the state of the BJP. There is, however, a second and sometimes
intersecting trend. States with a well defined tradition of business
(Maharashtra, Gujarat, Tamil Nadu) or of dominant politics (the
cow-belt provinces) have a comfortable and structured equation between
polity and boardroom. Each knows how far the other can go. The problem
arises in states that are changing character, evolving from backwaters
to choppy seas of brash, rough-and-ready entrepreneurism. Here,
businessmen and their political proxies as well as politicians and
their business proxies are engaged in a turf war.

The best
example of this is Andhra Pradesh. Greedy politicians from communities
on the make have developed a Telugu school of crony capitalism. The
Telugu Desam did this, and so has the Congress. Indeed, many of the
infrastructure companies from the state are seen as money laundering
agencies for corrupt politicians. The Bellary iron ore mafia is,
really, an extension of this phenomenon. America experienced a similar
period in the second half of the 19th century. Fuelled by a post-Civil
War boom, the "Gilded Age", as it came to be called, threw up
astonishingly rich robber barons and sleaze-ball politicians. By the
early 20th century, capitalism had begun to mature and a more open,
rules-based democracy was taking root. Rest assured, this will happen
in Andhra Pradesh and Karnataka. Rest assured, too, that BS Yeddyurappa
will have ceased to be chief minister long before that.

http://www.tehelka.com/story_main43.asp?filename=Ne211109proscons.asp

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Abuse of parole – Editorial (Nov 12, 2009, The Tribune)

The two-month parole granted to Siddharth Vashisth alias Manu
Sharma, serving life sentence in New Delhi’s Tihar jail for killing
model Jessica Lall in 1999, raked up a controversy and has raised
serious questions of propriety. Evidently, he got relief thanks to his
powerful political connections. He may have surrendered to jail on
Tuesday 12 days before his parole was to end, but this does not dilute
his offence and the indiscretion of the authorities.

Reports
about his involvement in a brawl in a Delhi five-star hotel bar on
Monday night showed that he was back to his old ways. He seemed to
forget that he was convicted for murder after he shot dead Jessica Lall
at a bar for refusing to serve him a drink late in the night. In fact,
Monday’s incident would not have come to the fore had he not quarrelled
with the New Delhi Police Commissioner’s son in the hotel.

As
it appears, the Delhi Government was less than scrupulous in following
the jail manual to bail out Manu Sharma. Chief Minister Sheila Dixit
may have said that "all rules were followed" in this case but the
grounds on which he was granted parole were specious and unconvincing.
Surprisingly, no official had bothered to verify whether his mother was
"seriously ill". TV channels had nailed down this claim on Tuesday by
showing a beaming Shakti Rani Sharma addressing a Press conference for
a cricket match in Chandigarh.

Worse, parole for a life convict
to help him review his business interests is ludicrous. This is a
mockery of justice and is inimical to our constitutional rights and
freedoms. There will be no rule of law and the Constitution will be a
dud if life convicts are given parole in this manner. In fact, the
Supreme Court had rejected Manu Sharma’s plea for bail in November
2007. To prevent the brazen abuse of parole, there is an imperative
need for making the rules more stringent.

http://www.tribuneindia.com/2009/20091112/edit.htm#3

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Dinakaran must quit – Editorial (Nov 11, 2009, The Tribune)

Even as Justice P.D. Dinakaran’s continuance as the Chief Justice of
the Karnataka High Court has become untenable following charges of land
grabbing, acquisition of wealth beyond known means and abuse of office
levelled against him, the advocates’ conduct in the High Court premises
in Bangalore on Monday was highly deplorable. They not only forced
Justice Dinakaran to abandon a hearing but also locked in two judges
who continued to sit in their courtrooms. Later, they allegedly
assaulted a television crew member. Clearly, the advocates have no
right to take the law into their own hands and disrupt the court
proceedings. If lawyers behave like this, they can hardly be expected
to uphold the dignity and decorum of the court and help ensure smooth
dispensation of justice.

Be that as it may, Justice Dinakaran
should have learnt a lesson or two from the episode by now and resigned
gracefully from his post. Significantly, the District Collector of
Thiruvallur has, in a report to the Tamil Nadu government which was
duly forwarded to the Supreme Court collegium for its consideration,
confirmed that Justice Dinakaran has indeed encroached upon the land at
Kaverirajapuram.

Though the Chief Justice of India has sought
comments from the Survey of India regarding the charges of encroachment
against Justice Dinakaran, the latter has lost the moral authority to
continue as the Chief Justice of the High Court. Even if he delivers
very worthy judgements, these will lack sanctity because he is under a
cloud and in the eyes of the people he is a tainted judge. In the
circumstances, the CJI would do well to advise him to quit office
forthwith as it is a question of protecting the image and reputation of
the judiciary and the majesty of law. Eminent jurists Fali S. Nariman
and Ram Jethmalani have also spoken identically, maintaining that
Justice Dinakaran should not be elevated to the Supreme Court even if
the collegium exonerates him of the charges.

http://www.tribuneindia.com/2009/20091111/edit.htm#3

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Related posts:

  1. IMC-USA Weekly News Digest – February 16th, 2009
  2. IMC-USA Weekly News Digest – March 16th, 2009
  3. IMC-USA Weekly News Digest – November 30th, 2009
  4. IMC-USA Weekly News Digest – November 2nd, 2009
  5. IMC-USA Weekly News Digest – November 9th, 2009

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