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Ishrat Jahan

IAMC Weekly News Roundup – April 2nd, 2012

by newsdigest on April 2, 2012

In this issue of IAMC News Roundup

Announcements

Communal Harmony

News Headlines

Opinions & Editorials

Announcements

Indian American Group strongly condemns Bihar government’s stand on Forbesganj firing, reiterates demand for justice for victims

Wednesday April 4, 2012

Indian American Muslim Council (http://www.iamc.com) an advocacy group dedicated to safeguarding India’s pluralist and tolerant ethos today condemned Bihar government’s characterization of Forbesganj police firings as a “minor incident” that did not merit CBI inquiry. The Bihar Government made this deeply insensitive assertion in its affidavit filed in the Supreme Court in response to the notice seeking the state’s response for a CBI inquiry into the last year’s Forbesganj police firing incident.

On June 3rd, 2011, four civilians including a pregnant lady and 10-month old child were killed, and nine more were seriously injured when police opened fire on unarmed and peaceful demonstrators at Forbesganj. The demonstrators were protesting against the acquisition of village land by a factory owned by local BJP politician. “Despite clear evidence of police atrocities, the Bihar government has failed to prosecute the guilty police officers and ignored calls for justice and compensation to the victims,” noted Mr. Ahsan Khan, Vice President of IAMC. “By terming the Forbesganj firing as a minor incident, the Bihar government has brazenly marginalized the murder of its citizens,” Mr. Khan added.

Eye-witness accounts and videos taken at the firing site revealed gruesome police atrocities including a police constable repeatedly stomping on an injured protestor hit by a police bullet, and police chasing protestors into their homes before opening fire on them. The incident occurred in the presence of senior police and administrative officers, including the Superintendent of Police who gave the firing orders. No action has been taken to date against the offending police and administrative officers present at the incident.

IAMC calls upon the Bihar Government to immediately accept the demands for a CBI inquiry into the Forbesganj firings, and to take all necessary steps to provide just compensation to the victims.

Indian American Muslim Council is the largest advocacy organization of Indian Muslims in the United States with 10 chapters across the nation.

For more information please visit our new website at www.iamc.com.

RELATED LINKS:

Forbesganj killings minor incident: Bihar Govt. tells Supreme Court
http://twocircles.net/2012apr02/forbesganj_killings_%E2%80%98minor_incident%E2%80%99_bihar_govt_tells_supreme_court.html

Forbesganj firing Supreme Court issues notice to Bihar Govt
http://twocircles.net/2011oct10/forbesganj_firing_supreme_court_issues_notice_bihar_govt.html

ANHAD Report on the police firing in Forbesganj
http://twocircles.net/2011jun11/anhad_report_police_firing_forbesganj.html

Forbesganj firing: Bihar rejects NCM suggestions
http://www.indianexpress.com/news/forbesganj-firing-bihar-rejects-ncm-suggestions/896320/0

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Communal Harmony

Punjab Intellectuals Call For Communal Harmony (Apr 1, 2012, Countercurrents)

We, the pro-people intellectual & social activists of Punjab strongly oppose the attempts by all types of communal fascist forces in Punjab, to sow the seeds of hatred and create communal disharmony amongst different sections of society, on the issue of commuting the death sentence awarded to Balwant Singh Rajoana by a Chandigarh court in the murder case of Beant Singh Ex-CM Punjab & his body guards.

After the death sentence of co-accused Jagtar Singh Hawara in this case was commuted to life imprisonment by Punjab & Haryana High Court, on his appeal, and a large number of democratic and justice loving people called for similar treatment to Balwant Singh Rajoana, there was no legal hitch in deferring the execution of his death sentence by the Central Govt till the decision of mercy petitions filed on his behalf by the President of India. By doing so the painful violent events of 28th March, when a state-wide Bandh was held in Punjab, would have been avoided. But unfortunately it was not done. As a result, the people of Punjab have been thrust in a dangerous situation.

We call upon the people of Punjab, to maintain communal harmony & social cohesion in this trying situation. There are black forces, who are bent upon frustrating the struggles of the people for their lives and livelihood; struggles against social and economic inequalities; struggles against indiscriminate exploitation & expropriation of India’s natural resources and labor power by Indian & foreign capitalists; struggles against thrusting the vast majority of Indian people in extreme poverty, disease, hunger, unemployment, illiteracy and sever state repression. These black forces want to break the unity of the people and entangle them in fratricide. Such anti-people forces must be shunned and defeated. Avoiding all types of provocations, let us move towards strengthening the bonds of mutual love, commonness, harmony and fraternity.

http://countercurrents.org/cc010412.htm

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US City Council passes resolution condemning 2002 Gujarat riots (Mar 29, 2012, Times of India)

A US City Council has passed a resolution condemning the 2002 post-Godhra riots in Gujarat and expressed concern over the “denial” of justice for the victims. The resolution, passed this week by the City Council of Harvey, Illinois, expressed solidarity with the victims, including those who died in the Godhra train fire on February 27, 2002.

“The Harvey City Council condemns the Gujarat pogrom of 2002 as a gross violation of human rights and a failure of the law and order machinery in the state of Gujarat,” the resolution stated, expressing concern over “denial of justice” to the surviving victims “despite worldwide condemnation”.

The resolution also said there have been very few arrests and even fewer convictions arising out of the cases registered during and after the “mass killings”. City Mayor Eric Kellogg presided over the meeting, which was attended by four other voting council members, and members of the public.

“There are times when events in far-flung parts of the world not only move our hearts, but strengthen our resolve to always stand up for truth and justice. The horrific massacres that took place in the Indian state of Gujarat in 2002 is one such event,” Kellogg said. He said the fact that such an incident took place in the birth place of Mahatma Gandhi, was “especially shameful”.

Kellogg hailed the Indian-American community in Harvey for their contributions in the field of relief, charity and social services, and resolved to raise funds for the victims of the Gujarat riots. The passage of the resolution has been welcomed by the Indian American Muslim Council (IAMC). With a population of over 30,000, Harvey is considered as a suburb of Chicago.

http://timesofindia.indiatimes.com/articleshow/12454275.cms

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Both Nanavati sons are govt lawyers! (Mar 30, 2012, Times of India)

It is all in the family for the Nanavatis. The two sons of Justice G T Nanavati – Maulik and Dhaval – fight cases for the Gujarat government and Ahmedabad Municipal Corporation (AMC), respectively, in the Central Administrative Tribunal (CAT), Gujarat high court and Supreme Court.

The legal fees that both get from Gujarat taxpapers’ money have been cited as a conflict of interest for Justice Nanavati, who heads the Nanavati-Mehta Inquiry Commission probing the 2002 Gujarat riots and has been given an extension for the 18th time. The latest extension granted on Thursday more or less ensures that the likely submission of the report happens only after the Gujarat assembly elections due in December 2012. Maulik was appointed as additional public prosecutor (APP) in 2005, three years after his father started the riots inquiry.

Another three years later, the AMC empanelled Dhaval as the lawyer-on-record for several cases in the Gujarat HC. Earlier, he was empanelled as a Central government lawyer when Justice Nanavati was probing the anti-Sikh riots of 1984. Senior lawyer Girish Patel is firm that this was a clear case of conflict of interest.

“On one side is a judge who has to decide on the involvement of the chief minister in the Godhra riots, on the other are his two sons who get paid handsome legal fees by the government Modi heads. There is reasonable apprehension of bias as this goes against constitutional morality, judicial propriety and professional integrity.” Law minister Dilip Sanghani denied conflict of interest in the matter. In any case, he said, their appointments were made before he became law minister.

http://timesofindia.indiatimes.com/articleshow/12462858.cms

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Now Modi govt gets it from CAG for Rs 16,707 cr scam (Mar 30, 2012, Rediff)

The Narendra Modi government in Gujarat came under the scanner of the Comptroller and Auditor General, which slammed it while detecting massive financial irregularities crossing over Rs 16,706.99 crore (Rs 167.07 billion) in its latest report which the Modi administration deliberately tried to dodge and ultimately tabled it on Friday in the House – the last day of the assembly session.

When the report was tabled in the House, the entire Opposition was suspended from the proceedings in order to avoid discussion on the irregularities for which the statutory auditor has indicted the administration.

“Nowhere in the history of Gujarat has the CAG ever made such strong observations thereby establishing that the Modi government was indulging in unfair and corrupt means. As per the norm, the CAG report is supposed to be tabled at the beginning of the Budget session,” said state Leader of Opposition Shaktisinh Gohil.

http://www.rediff.com/news/slide-show/slide-show-1-cag-slams-modi-govt-for-huge-financial-irregularities/20120330.htm

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Gujarat govt targeting me and my brother: suspended IAS officer (Mar 27, 2012, The Hindu)

In a veiled attack on Chief Minister Narendra Modi, suspended IAS officer Pradeep Sharma said on Tuesday that in Gujarat power lies with only one man and claimed that he and his brother, an IPS officer, were being “targeted” by the state government. “In Gujarat, power lies in hands of one person only. There is no decentralised power, which is very dangerous,” Mr. Sharma, brother of IPS officer Kuldeep Sharma who has openly spoken against the chief minister and the state government over various issues, said without naming Mr. Modi.

Mr. Sharma is presently out on bail after being arrested in as many as eight cases of corruption against him during his tenure as Kutch collector. All cases are being probed by state CID. “I and my brother are being targeted by the state government,” he alleged after coming out of court which rejected an application by state CID seeking his custody for interrogation in one of these cases. The CID’s plea was turned down the sessions judge N T Acharya saying that the agency cannot seek custody after more than a year of registering an FIR.

“We will break but never bow down to such diktat,” the suspended IAS officer, who had recently got bail after being in police custody for over one year, said. Mr. Sharma said that he had done nothing wrong, as being alleged by the state government. “What I have done is for development. My 31-year career has been spotless and all of a sudden there are as many as eight cases of corruption against me. This clearly shows the bias against me by the government,” he said.

Mr. Sharma has been accused of allotting land meant for 2001 earthquake affected at throw away prices to businessmen. He has also been accused of taking favours from industries which got set up in Kutch district after the quake in 2001.

http://www.thehindu.com/news/national/article3250971.ece

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Sohrabuddin encounter accused still a member of Guj assembly (Mar 28, 2012, DNA India)

Former Gujarat minister of state for home, Amit Shah, who is an accused in the Sohrabuddin Sheikh fake encounter case, will continue to be a member of Gujarat assembly despite his long absence from the house. It was widely believed that Shah, who has stayed outside Gujarat after the Supreme Court barred him from entering the state, would cease to be a member of the assembly because of his long absence. According to constitutional norms, any MLA who remains absent for 60 consecutive days from the assembly, ceases to be a member and is, thereafter, considered suspended.

Shah was arrested on July 25, 2010 in connection with the Sohrabbuddin case, one day after he resigned as minister of state for home. Since then, he has not attended the assembly during the last four sessions of the house, including the current budget session. However, fortunately for him, the number of continuous days that he has been absent from the house adds up to only 56 which saves him by a whisker. Clearing the air, assembly secretary DM Patel said that as per constitutional provisions, an MLA cannot be absent for 60 consecutive days.

“The rules say ‘days’, not ‘sittings’ of the assembly. There have been around 62-63 sittings during the last four sessions of the assembly but Shah has been absent for only 56 days. Hence, he would not be suspended in the current session. The house doesn’t function on Saturdays and Sundays during assembly sessions,” Patel said.

http://www.dnaindia.com/print710.php?cid=1668486

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Did Hindu radicals hire Muslims for Malegaon blast? (Mar 25, 2012, Times of India)

A fresh twist appears likely in the 2006 Malegaon blast investigations as the NIA (National Investigation Agency), now investigating the case, is beginning to suspect that Hindu fundamentalists might have used Muslim hands to execute the blast. While a claim to the effect that Hindutva radicals behind the terrorist attack may have used Muslim hirelings was made by Swami Aseemand, inputs gathered by investigators appears to have led the agency to wonder whether what appeared to be an outlandish theory has some basis. Four bombs exploded on September 8, 2006 in the powerloom township of Malegaon in Maharashtra’s Nashik district. The blasts claimed 37 lives and injured over a 100 people.

The Maharashtra Anti-Terrorism Squad (ATS), which investigated the case arrested nine Muslim men with alleged SIMI links, and had filed a 2,200 page chargesheet against them on December 22, 2006. The case was later transferred to the CBI which subsequently more or less replicated the chargesheet of the state police, holding the jailed persons responsible for the alleged blast. The arrests of Hindutva radicals in other terror cases where Muslims were the target upended the version of ATS, especially after Aseemanand “confessed” to his NIA interrogators that the attack was carried out by Abhivan Bharat as part of their plot to avenge the series of jehadi terror attacks aimed against Hindus. In November 2011, the accused were released on bail, with the government veering around to the view that they were innocent and victims of inept investigation. Prosecution did not oppose bail petitions.

The Centre transferred the Malegaon blast case to the NIA last year in the wake of Aseemanand’s confession. Although the accused, a Hindutva extremist engaged in opposing missionaries in Gujarat and elsewhere, has since retracted his “confession”, inputs gathered by the investigators suggest that Swami’s claim could not be just a red herring. “Aseemanand had confessed before a magistrate not once but twice that the group had been using Muslim hands for attacks. We are actively pursuing this line of investigation,” said a senior official.

Importantly, ATS stands by its chargesheet, later endorsed by the CBI, against the accused who are now on bail. It had based its charge on the forensic evidence against Shabbir Batterywala. The ATS charge sheet mentions that the traces of RDX found at the blast spot had matched the traces of explosives found in the soil samples from Batterywala’s godown in Malegaon. Although NIA is not similarly sure about the “Muslim hand” theory, it believes that the demography of Muslim dominated Malegaon town would have made it difficult for a Hindu, that too one from outside, to plant a bomb near a mosque. “It is also a communally sensitive town. It is possible that Muslim mercenaries may have been used to plant the bomb to avoid suspicion,” another NIA official said.

Aseemanand had made a mention of Muslim hands being used in the blasts while talking about Ajmer blast. He said: “Sunil (Joshi) told me that the blast in Ajmer (Ajmer Sharif dargah) had been conducted by his men. He told me that he was also there. I asked him who all were there with him. He told me there were two Muslim boys with him. When I asked him where he got Muslim boys from, he said they were sent to him by (RSS leader) Indresh Kumar.” The 2006 Malegaon case has had many twists and turns. A day before Maharashtra ATS filed its chargesheet in the case the state government transferred the case to CBI. The agency in its charge sheet seconded the findings of the ATS. However, after Aseemanand’s confession, the case was reopened by CBI. In a matter of months, the case was again sent to NIA.

http://articles.timesofindia.indiatimes.com/2012-03-25/india/31236159_1_malegaon-blast-ajmer-blast-aseemanand

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Stop harassment of innocent Muslim youths: Muslim leaders to Govt. (Apr 1, 2012, Twocircles.net)

Coming out bold and united perhaps first time on the issue, top Muslim leaders on Saturday asked the governments, police and intelligence agencies to stop harassment, illegal detention and torture of innocent Muslim youths in the name of fighting terrorism. They also demanded prosecution and punishment of all police and intelligence officials who have been involved in falsely implicating Muslim youths in terror cases. The community leaders passed unanimous resolution on the aforesaid demands and other related issues at the National Convention on Muslim Youth Protection on 31st March 2012 at Mavalankar Hall, New Delhi. The convention was inaugurated by Justice Rajendar Sachar. The convention was attended by eminent dignitaries from different walks of life, including legal experts and human rights activists and representatives from organizations and institutions of minorities.

The convention was organised by All India Milli Council and supported by all major Muslim organisations including All India Muslim Majlis Mushawarat, Jamaat-e-Islami Hind, Jamiat Ulama-I-Hind, Welfare Party of India, Coordination Committee for Indian Muslims and Markazi Jamiat Ulema. At the convention were discussed various related issues like draconian law such UAPA, ban on SIMI and compensation to the youths acquitted of terror charges. Terming UAPA a blot bigger than TADA and POTA on the country’s reputation, Dr. Mohammad Manzoor Alam, General Secretary, All India Milli Council, demanded its repeal. Addressing the convention, former MP and diplomat Syed Shahabuddin stressed on a structure to fight against such atrocities. “We need an all-India set-up to fight against such kind of atrocities,” he said and demanded compensation for victims. “We will have to demand ransom not only compensation for those youths who have been acquitted from the court of law.” Defending against state atrocities is a question of humanity not for Muslim only, he added.

Maulana Kalbe Sadique, Vice President, All India Muslim Personal Law Board, said: “The government must know that Allah never forgives oppression and cruelty and doesn’t like the oppressors.” He appealed to Indian Muslims to get united on the name of oneness of God. Mohammad Amir Khan, the person who was recently acquitted after 14 years in jail in various terror cases, moved the audience when he narrated his heart-rending story. “It is good sign that the people are discussing on this topic now, but when I was arrested 14 years ago then no one was ready to listen to anything. Everyone had boycotted me and my family,” he said. Amir strongly condemned the lethargic attitude of Muslim leaders and organizations on the issue. “After my arrest my late father had visited several Muslim leaders but nobody helped us. My father has died 10 years ago and I couldn’t see his face last time,” he said. Narrating his sad tale, Amir said: “I was kidnapped and the cases, more than my age in number, were fabricated against me. They made me naked, poured petrol in my private parts, gave electric shocks, removed my nails and did a lot more shameful and painful acts which I can’t narrate here.”

“Why our Muslim organizations didn’t fulfill their duty? Why they believed police versions and media reports? If it is hard to reach me then they could have reached to my parents. This is not only my question but it is question of hundreds of people who have been falsely implicated in such cases and still living behind bars. There are people in jail who even can’t afford a soap of Rs 10. Nobody is here to look after their family,” Amir said. He also lambasted Muslim groups for not coming up to offer any financial help to such victims. “We are demanding compensation from the government. It is okay but the question is, what is our duty? Why aren’t Muslim organizations constituting a cell to compensate those people who are suffering?” He announced he is going to write a book on his life.

Dr. SQR Ilyas, General Secretary, Welfare Party of India, raised the issue of ban on SIMI (Students Islamic Movement of India) and said if the community had stood then against the ban in 2001, the situation would not have reached to such state. “We are facing state terrorism. The government has initiated a war against its own people. This style has been started after 9/11 when the SIMI was banned by the NDA government. The ban is still continuing. When the SIMI was first time banned then Muslim organizations were silent. The practice of false implication of Muslim youths will continue until the ban on SIMI is lifted. The government must lift ban from SIMI immediately,” demanded Ilyas.

http://twocircles.net/2012apr01/stop_harassment_innocent_muslim_youths_muslim_leaders_govt.html

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Sangareddy: Police repeated their dubious role during riots (Mar 31, 2012, Twocircles.net)

Sangareddy town of Andhra Pradesh on Thursday evening witnessed what other parts of the country have been witnessing during communal riots since Independence: The Police didn’t stop the riots who remained on rampaging spree for several hours. Friday morning saw properties worth several crores of rupees of a particular community looted and destroyed. It is said that Muslims lost properties worth nearly 1.34 crore rupees in Sangareddy town of Medak district – 58 shops, 34 vehicles were burned down during the riots. And even a mosque Masjid-e-Noumani was damaged by the miscreants. The riots broke out on Thursday night when Muslims were protesting against a BJP leader who had uploaded vulgar image of holy Kaba on his facebook page.

The town remained peaceful on Friday after the curfew was imposed, but there were several restrictions faced by Muslims during Friday prayers. Curfew has been extended in view of the Ram Navami celebrations on Sunday. Police have registered 8 cases but haven’t yet arrested any rioters. Muslims in the town alleged that police showed biased attitude in dealing with rioters. Ghulam Haqqani, an auto repair garage owner in the Sangareddy town told TCN, “In the evening on Thursday news about BJP leader disrespecting Kaba Shariff started spreading, some Muslim youths assembled at a police station near old bus stop and protested demanding arrest of BJP leader. Some BJP activists after getting to know about the protest assembled at the old bus stop road and clashes broke out between the two groups. Police concentrated in stopping the Muslim youth and turned a blind eye to the right wing Hindu groups who torched Muslim businesses and vehicles.”

About difficulties people are facing due to curfew, Haqqani said “We are confined to our houses; we can’t open our business. Even we had problem in performing Friday prayers yesterday. Police should lift curfew now, as everything is peaceful and normal here now.” He even said that, “Amount of loss showed by the government is disputable as the amount of actual loss is many folds higher than 1.34 crore.” The inefficiency of the police to stop the rioters can be easily observed as the riots which started in the late evening continued till 1 am in the night. On Friday deputy chief minister Damodar Raj Narsimha, Home Minister Sabita Indra Reddy, heavy industries minister Geeta Reddy, local MLA T.J. Prakash Reddy, district collector Suresh Kumar, and SP B.J. Victor, visited the town and assured the riot victims of compensation and strict punishment for the people involved in destructing their property.

The locals complained to the home minister about the bias and inefficiency shown by the police. They reiterated to the Deputy chief Minster that if police had taken tough action against the miscreants, the riots would have not spread and looting could have been stopped. Meanwhile, Hyderabad has remained peaceful on Friday. Police had done an extensive security arrangement in the old city area during the Friday prayers. The situation in Hyderabad became sensitive in the night time when a local Muslim organization protested near Charminar police station alleging Sanjay Thakur, a Bajrang Dal activist has uploaded offensive images of holy city of Mecca, but police later dispersed the mob and controlled the situation. Additional security has been called in all the communal sensitive towns and districts specially in Telangana region keeping in mind Ram Navami celebration and rallies planned by BJP in all the major towns and cities specially in Hyderabad.

http://twocircles.net/2012mar31/sangareddy_police_repeated_their_dubious_role_during_riots.html

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‘Gujarat cops guilty in hooch tragedy’ (Mar 31, 2012, DNA India)

‘It is never the activity of a single rascal that destroys society; it is always the inactivity on a part of us that destroys a system.’ Citing these words, the Hooch Commission Report-2009 has raised doubts about the integrity of the police department and has stated, ‘Unless there is passive consent or connivance of the police, the illegal and nefarious activities of bootleggers cannot flourish.’ The commission has pointed out that the city police have failed to pin-point the police officials responsible for the 2009 hooch tragedy, who are hand-in-glove with the bootleggers, and is not ready to believe that only two cops were involved in the tragedy, both of whom are in police custody.

The special investigation team of the detection of crime branch has found that the two junior most cops of Kagdapith, Baldev Rabari and Ranjitsinh Dabhi, have a nexus with the bootleggers and they were arrested. Reacting to the revelation of only two names, the commission has also said that only the criminal involvement of these two cops and no ranking officerabove them, is not acceptable to a man of ordinary discretion. The commission also holds higher level officers responsible for the tragedy.

It has clearly mentioned that bootlegging activities in the city are carried out with the support of the police department. The nexus between the cops and bootleggers has been identified as a ‘solid chain’ by the commission. The commission has mentioned that it is obvious that the police personnel in all probability would have facilitated bootleggers to carry out their antisocial activities of bootlegging in return for a hefty hafta (handsome bribe). The commission has found that unless stern action is taken against the errant policemen and officers, the whole system will collapse. ‘Strong signals and a clarion call must reach out to the minds of police personnel that no one can save them if their nexus with the bootleggers is exposed or if they are found negligent in their duties,’ the report said.

http://www.dnaindia.com/print710.php?cid=1669799

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Woman alleges rape by cop inside Police station (Apr 1, 2012, Times of India)

A middle-aged housewife has been allegedly raped by a policeman inside a police station compound in Jhansi district. The incident took place on Tuesday and the victim reached the Garaotha police station the next day to file a complaint but to no avail. It was only after the victim approached Jhansi SSP Satish Ganesh that an FIR was lodged in the case. In the backdrop of the alleged rape is a case of burglary that took place at the government accommodation of the accused cop two months ago. Investigations into the burglary case had led the cops to the house of the rape victim from where the cop’s stolen clothes and some other household goods were recovered. Later, the rape victim reportedly repaid Rs 18,000 that was also stolen in the incident.

In the police records, the rape victim’s son was named as the accused but he could not be arrested as he has been untraceable since. It was on the pretext of helping the housewife get her son out of the burglary case that the accused cop met her on March 24, 2012, and invited her to his residential quarter. The victim reached the house of the accused on March 27 when the accused allegedly raped her. The rape victim had reportedly told police that she had visited the accused cop a few times before as well. About the sequence of events before and after the alleged rape, the victim told the police that she had gone to offer prayers at Anjani Mata Temple in Garaotha area on March 24. While she was on her way back, the accused cop, Ram Pratap Misra, asked the victim to come over to his quarter situated within the compound of the Garaotha police station.

The rape victim said she called up the cop on his cellphone on Tuesday evening to find out if he was there and reached his quarter around 10pm where she was raped. The victim allegedly reached the police station immediately to lodge an FIR but was shown the door. Ganesh told TOI a case had been registered on the basis of the complaint. “Action will follow if the constable is found guilty. As a precautionary measure, the constable has been removed from his post and attached to the police lines. The case is being investigated by a DySP rank officer to ensure that the objectivity of the investigation is maintained properly,” the SSP said.

http://articles.timesofindia.indiatimes.com/2012-04-01/lucknow/31269941_1_burglary-case-police-station-cop

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Opinions and Editorials

Telangana movements turn towards Hindutva – By Kaneez Fathima (Mar 27, 2012, Twocircles.net)

After 1969 Telangana Movement, second phase of Telangana movement started in the last days of the year 2009. This movement was basically dominated by the students with real aspirations and willingness; there was no political aim. The only aim was to achieve separate Telangana state. Though Telangana Rashtra Samiti (TRS) was formed for the sole purpose of achieving separate Telangana state and the chief architect of which is Prof. Jayashankar. Seeing students spreading the movement solely without any support from any political party, K Chandrasekhar Rao became active in this movement by sitting on a fast-unto-death. With this common people also started participating in the movement from all kinds of background irrespective of caste, class and religion. In the initial stages itself Prof. Jayashankar had said that, “unless and until I am alive, I will not allow any injustice to the Muslim community in Telangana state. Telangana movement is incomplete without Muslims; separate Telangana cannot be formed without the contribution of Muslim community.”

Though almost all the parties had orally declared that they will support the Telangana bill if presented in the assembly, but at this point of time all the parties took back their position including TDP and Congress. Moreover, congress government at the centre initially issued a statement in favour of separate Telangana, but immediately withdrew its statement. The regional opposition party TDP also took anti-Telangana stand. Due to these reasons, BJP & RSS took the advantage of the prevailing conditions and entered into this movement. Then onwards this movement slowly moved towards Hindutva. People pressurized the political parties and their candidates who were in favour of Telangana to resign from their positions and build pressure on the central government to form separate Telangana state. Thus, all the MLAs of TRS, candidates of other parties resigned from their positions. In the year 2010, by-elections were held for all those vacant positions. That time BJP candidate contested from Nizamabad constituency. But the fact is that without the Muslim votes, BJP would not have won the seat. Even though Muslim community underwent the pain of Gujarat genocide because of BJP, still they not only campaigned but whole heartedly voted for BJP candidate only for a single aim of achieving separate Telangana state. That itself proved that Muslims are the real secularists by nature.

But by the time by-elections came up in 2012, the conditions of whole Telangana movement changed drastically. From the time of BJP entry into the movement, RSS started propagating Hindutva ideology and spread hatred among the non-Muslim community in the Telangana region especially in Hyderabad. The major example is the Hyderabad riots in the year 2010 on the eve of and on the name of Ram Navami and Hanuman Jayanti leave alone several small incidents of hatred. The spread of Hindutva ideology and hatred against Muslim community reached its peak level during the by-elections in A.P. especially in the Telangana region. When the name for Mahboobnagar constituency was decided, Kodandram Reddy suggested withdrawing Ibrahim’s name because he wanted to field Srinivas Goud as he is closely associated with Reddy. This was to gain benefits politically. However, KCR thought of larger political gain. He wanted to target two aims with a single arrow. So, on one side he wanted to show sympathy towards Muslims to gain their votes for all the seats and on the other side he wanted to show congress that TRS is not with BJP. For this reason he neglected Mahboobnagar campaign. Thus, he fielded a Muslim candidate for namesake to appease Muslims and challenged BJP that it cannot win the particular seat. In clear terms we can say that KCR offered Mahboobnagar seat to BJP.

As chairman of Telangana political JAC, the role of Kodandram Reddy was to give a call of support to TRS candidate. But as said earlier, he wanted to field his own candidate and on the other side as BJP candidate was a REDDY, he declared that he is taking a unilateral position by saying that this is the fight for Telangana so vote for whoever you want. So, a person who claims to be secular and rights activist has gone to such a biased and communal position. Telangana NGOs JAC openly declared support and campaigned for BJP candidate, because Srinivas Goud belongss to TNGOs JAC and he was denied Mahboobnagar seat by TRS. BJP during its campaign had declared that Mahboobnagar election is Indo-Pak cricket match and we should defeat Razakars, such statements were not condemned by anyone. This alone proves that TRS party, T-JAC, its members, various other JACs, Forums and all the so-called secularists and democrats have soft corner towards Hindutva. Not only this, during the MLC elections, another Muslim candidate from Hyderabad, Mahmood Ali, Minority wing President who is a sincere and senior member of TRS lost MLC seat just by three votes and these three people who did not give their vote to him were from the TRS itself. Even that time, KCR did not take any action against those three persons. The sad affair of Indian society is that Muslims have to prove their secularism again and again at different times. Is this the responsibility of only Muslims? If Muslims have to prove their secularism, they also expect non-Muslims to be secular towards them. Instead larger section of non-Muslims can remain communal and spread the same; there is no one to question them! Blame is always on Muslims.

When Muslims can vote a BJP candidate, then why can’t non-Muslims vote a Muslim candidate? Is this their secularism? Where are the so-called democrats and secularists? Would these so called secularists and democrats have spared Muslims, if they had not voted BJP in Nizamabad? Would they have not labeled Muslims as anti-telanganites? Why is such double standard maintained by the politicians, secularists, democrats, civil society etc towards Muslim community? Now, it is high time for Muslims to think over Telangana movement. Because it is no more a democratic and sincere movement. Everyone is in the race of personal benefits in the name of Telangana. The so-called democrats and secularists’ double standard faces have been exposed and the real faces are in front of us. Now, it is time to recognize these faces and choose our own way. Even after such black mailing and back stabbing Muslims, neither KCR nor Kodandram Reddy feel ashamed. Instead, they are celebrating this defeat and Hindutva victory as people’s victory. In one sentence we can say that Telangana movement failed in the LITMUS test of secularism and democracy and turned completely into Hindutva fascism. Muslims confidence has been shaken. Now it is time for KCR to take the responsibility of Mahboobnagar election defeat. Not only this, KCR should resign from the Presidentship of TRS and Kodandram Reddy should resign from Chairmanship of Telangana Political JAC. Then only the movement will move ahead otherwise, people especially Muslim community will give them the right answer.

http://twocircles.net/2012mar27/telangana_movements_turn_towards_hindutva.html

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UID/Aadhar: A Threat To Indian Democracy – By Taha Mehmood (Apr 1, 2012, Countercurrents)

UIDAI is lying to a billion Indians. And the plain truth is that people running the show at UIDAI are aware of the humongous scale of social catastrophe, which a project like UID could unleash in India. Behind the mask of a cool and confident exterior, some UIDAI officials seems to be constantly grappling with feelings of immense insecurity and uncertainty. We can get a sense of their feelings by closely reading the draft National Identification Authority of India Bill 2010 . In the coming years India will see hundreds of thousands of cases related to its citizens impersonating other citizens of the country to get a portion of ten trillion rupees direct-cash-transfer subsidy scheme. Cases of Indian citizens intentionally appropriating identities of persons dead or alive, real or imaginary could become common just as during license quota-permit raj it was common to forge a license, produce a company out of thin air. Just as during every election tens of thousands of Indian citizens discover to their utter dismay either they do not exist on the voter list or someone impersonating them has cast their votes. On any given day tens of hundreds of unauthorized people could possibly be roaming around India knocking on doors of unsuspecting citizens collecting personal biometric information on behalf of UIDAI. After all in a vast country like India how can a citizen prove whether a person who claims to work for UIDAI is actually working for that organization? Remember UIDAI has subcontracted its entire enrolment process to private companies unlike other data gathering exercises like the census, which usually works with a government or government-affiliated workforce. By the year three of its data collection exercise UIDAI wants to hire fifteen thousand enrollment stations all across India. So how can one ascertain the identity of a group of persons if five men donning some grave uniform, carrying some official looking documents start banging the doors of a plush housing society at Malabar Hill claiming that a UID updating camp is on in the area and you need to submit all your personal and private details once again.

Hundreds of private agents acting as enrollers, data-collectors, data-transporters will have a potential to make a quick buck by selling UID data to market players. These enrollers could intentionally disclose, transmit, copy or disseminate private biometric data in electronic form very easily. The ease of translation of digital data is a fantastic gift of our modern age. The Central Identities Data Repository (CIDF) the main memory of UIDAI is going to be the site for much contestation between operators belonging to private players. CIDF does not even exist now but plans are underway to create its infrastructure. Ernst and Young, the global accounting firm that has been cautioned in many countries around the world for fudging confidential data is currently giving advice to UIDAI to procure the best available technology for the cheapest price. CIDF operators will have a mix of highly dedicated private and public sector employees, but who can prevent these people to access or secure an access or download, copy or extract data and store it in any device before releasing it in the market. Current information about biometric details, bank account numbers, telephone number of potential customers has a huge market demand. Registrars working at enrollment stations are supposed to courier data loaded on memory sticks to CIDF from all across India. UIDAI will give 50 rupees per enrollment but who can insure that data will not be lost or downloaded, copied or destroyed during the transfer process? There is of course no provision to account for loss of data during transfer via memory sticks. The culture of sub-contracted work introduced by UIDAI will unleash breakneck competition in the market and empanelled firms will use any trick in the book to downplay each other for lucrative UID contracts. We already saw the evidence of fierce corporate battles in the run up to initial disbursement of contracts. After all UIDAI will certainly reward those firms with more responsibility who have done efficient work. Firms, which do not perform will be eased out. But how can UIDAI prevent an anonymous sub-contracted employee of a firm to introduce a virus in a system, which features database collected by a rival firm, to create more value for its original employer.

In such a situation sub-contracted workers could possibly damage data, disrupt or cause disruption of the access or deny access or provide some assistance in accessing data stored at CIDF or could potentially destroy or delete or alter some crucial, sensitive, biometric information related of a group of citizens belonging to a certain place. The potential to creatively contaminate digital data will increase stupendously. Furthermore citizens of India could have to deal with new forms of postmodern anxieties as one day some of them may realize that they do not exist in UIDAI database. All or some of biometric details of Indians could be modified. A UID operator will certainly not trust anybody else except the data, which he sees on his screen. The dataset appearing on the screen of UID operators all across India will introduce a new frame of interpreting reality. The UIDAI on its part cannot punish anybody but can only take those people who have been caught to a court of law. That legal system in India is inefficient needs not to be told. It could possibly take years before the guilty could be punished. Additionally during the process of getting an Aadhar number through the much-touted Know Your Resident process how can UIDAI know that an introducer is not collaborating with someone, who is not a genuine citizen for an inducement of some money by giving biometric information that does not belong to that person. In case a company is found liable of offences UIDAI proposes to severely punish those found guilty. This is certainly laudable. But Indian law treats company as a legal person ( I still cannot understand this absurd fundamental legal fiction how can anyone treat a firm as a legal person). But for the sake of argument how can UIDAI prevent a legal person to change its identity, in other words, say for instance, a company x is found guilty of improper practices and is debarred from carrying business with UIDAI, what prompts individuals who run that company to dissolve that firm legally therefore dissolving the legal identity of that firm and create a new firm, a new legal identity in the name of their close family members and apply for empanelment for UIDAI. The UIDAI has provisions to punish the director, manager, secretary or any officers of a company if such a company violates any provision of the law. However, there’s a small but significant rider here, the punishment will only take place if and only if, it could be proved in a court of law that the offence committed by an employee of the company is in consent or connivance of the top management. In other words under the NIDAI law if the state can prove the members of a firm conspires to cheat UIDAI they can be punished. By the time the guilty are brought to book the private confidential biometric information belonging to millions of Indian could be circulating in the market. The NIDAI bill has no provision for punishing, apprehending, or debarring those people who buy, sell, trade, barter, exchange biometric information. Even if there were such provisions I wonder what effect could have in India. The Indian state does not allow over the counter purchase of arms and armaments. On paper at least one needs to be a license holder to trade in arms but does it prevent anyone to deal in arms or to use arms for killing or coercion purposes. Of course none of the scenarios, which I have listed above exist. Therefore these are at best figments of my paranoid imagination. And of course my version of what could happen in India is an extrapolation of clauses of punishments and offences listed under the proposed National Identification Bill of India 2010.

But I wonder why would the legal team of UIDAI put such provisions had they not anticipated the ways in which private confidential biometric data of Indian citizens could be tampered with. And if they do not anticipate any such crime to take place, why would they put provisions of severe punishment ranging up to three years of imprisonment. Why do Indians want to appear stupid by not having any debate on consequences of a project like UID in India . The parliamentary committee on finance, on grounds that it was contradictory and ambiguous, summarily rejected the NIDAI bill. Now perhaps the UIDAI legal team is working hard to prepare an even more thorough bill. The lack of a legal cover however does not prevent the UIDAI to pursue its illegal agenda. Currently an illegal exercise of biometric data collection is on in India. But not everyone is taking part in it. A friend recently told me a anecdote about what happened when one day some UIDAI officials went to the house of a retired Supreme Court judge of India in Delhi. I record below my impressions of the anecdote. (Retd) Supreme Court judge: Who are you? UIDAI official: Sir I have come from UIDAI. (Retd) Supreme Court judge: What do you want? UIDAI official: Sir I want your biometric data. (Retd) Supreme Court judge: Why? UIDAI official: Sir we are collecting data to give UID numbers. (Retd) Supreme Court judge: Okay. What do you want me to do? UIDAI official: Sir we want your fingerprints for this exercise. (Retd) Supreme Court judge: WHAT!!! (he is furious) What utter nonsense!! Fingerprints are for under-trials and convicts. UIDAI official: But Sir! UIDAI is a Government of India exercise. It is as per rules. (Retd) Supreme Court judge: What rules! Show me the damned rules. UIDAI official: Sir you might not remember but ever since you retired they have appended the Citizenship act. Now all of us have to give our fingerprints. (Retd) Supreme Court judge: Really!! Show me the rules and take my fingerprints. UIDAI official: Okay sir. (The UIDAI official goes to get the rule book but never returns because no such rule exists in constitution of India which says that one has to give ones fingerprint to a UIDAI official) If the draft NIDAI bill partially represents the collective fears UIDAI handlers, the UIDAI’s Communication and Awareness report represents their hopeless dreams. In February 2010 the UIDAI got together a team of corporate propaganda managers, also known as ‘communications experts’ in trade jargon to sell the idea of UIDAI to India. …

The Indian state’s view is that it wants financial inclusion for all. Yet it wants to enroll only 600 million Indians, possibly leaving out 400 million because they are ones with weakest trail of documentary history. The state does not know who are the poor people of India therefore it has created UIDAI to ensure that everyone especially the poor are correctly identified. The fact of the matter is that no technology exists in the world, which can correctly identify a person as he claims to be and work at the scale of a large population. It is true small populations could be identified correctly, for instance patients of a hospital, or a small prison population. But currently no state has a technology to correctly identify all its citizens. In most countries citizenship itself is highly contested socio-legal category. The system, which UIDAI is currently putting in place, is beset with faulty technology. Such a system, as UIDAI documents show, has a potential to either falsely accept a fake claimant as genuine or genuinely reject an original claimant as false. The percentages, it is true, for such a thing to happen are small. But when we translate even a small percentage figure like 4 to Indian population, it means 40 million people could face unwanted problems related to UIDAI on a daily basis. If this is going to be an everyday scenario the percentages cease to be small. Forty million people getting affected from systemic faults on a daily basis is not a small problem in any state, anywhere in the world. The second and highly disturbing aspect of giving a UID number to 600 million Indians is the process itself. The current process stupidly allows itself to become vulnerable to injuries caused by the ease with biometric data traveling in memory sticks could be copied, downloaded, tampered with and destroyed. And finally the floating liquid biometric data can potentially act as a huge asset for communal forces in India in planning, profiling, detailing and executing pogroms and genocides or minor communal conflicts for immediate electoral, political or economic gain. The deafening silence of the far right, which is usually extremely critical of federal programs, about UIDAI scheme is perhaps a good pointer to start thinking about consequences of ignoring UIDAI in India.

http://countercurrents.org/mehmood010412.htm

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Is Media “Safe” In India? – By Adil Akhzer (Apr 1, 2012, Countercurrents)

The recent arrest (February 14) of one of the eminent Indian journalists Syed Kazmi and also a midnight police raid (March 11) of Frontline magazine Delhi Bureau chief, John Cherian, which police later framed as a “case of misunderstanding” has forced many within the journalist fraternity to ponder as to whether they are safe in a democratic country like India? No one can deny the fact that media in India is working under a free sky, and unlike China and other countries where there are restrictions on what media can report, Indian media has never come under any kind of pressure. However, the latest incident where Kazmi, an accredited journalist, a father of three, and formerly a public television broadcaster, who was arrested for his alleged role in the “Sticky bomb” case on the Israeli diplomatic car and for which the Delhi Police has failed to provide any authentic proof of his involvement- is clearly an indication that media is not free anymore and now any time, any journalist can be picked up and framed with any charge by the police, depending upon the situation.

The arrest of Kazmi, which is still shrouded in mystery, has not helped the investigating agencies to crack the car blast case. It is interesting to look the circumstances under which Kazmi was arrested, which in itself looks like a scene out of a Bollywood potboiler. According to reports, Kazmi was picked up from the India Islamic Cultural Centre in New Delhi at about 11.30 am on February 14, subsequently he was taken to the office of the Special Cell of the Delhi police. However, officially his arrest has been shown in the records as 8.30 pm. Later in the night, officers of the Special Cell raided Kazmi’s house and seized his laptop, Press Information Bureau card, passport, driving license and some other documents. The police also seized his Alto car that and the two-wheeler that they claim was used for the reccee of the Israeli target. Citing this arbitrariness, Kazmi’s son revealed an even more important thing. He said, “I was forced to sign on the arrest memo at 2.30 am. We asked them to wait till morning, but they threatened us”. So is it not right to say that Kazmi has been a victim at the hands of Delhi Police. If the police can arrest, an established and prominent journalist in the capital, can’t they arrest an ordinary scribe at any time, if they want and put fictitious charges on him?

It has already been reported that after Kazmi’s arrest, so far Delhi police has not been able to produce any kind of substantial evidence linking him to the aiding and abetting of the “sticky bomb” conspiracy. More interestingly, it is curious to know that the police are tight lipped on the matter on the real culprits behind the attack. One can guess the things by this simple situation: if you are a journalist and you would call Delhi Police PRO who is in charge of the media, he will not be able to say or utter anything related to this case. It is indeed a matter of alarm that the repeated protests by the various media organisations at national and international level against Kazmi’s arrest have not yielded any result. “Investigations can continue but he should be released on bail since he is cooperating with the investigations. We do not want the police to indulge in a media trial. If there is any need for information to be given, it should only be through an official press note,” a statement issued by the largest journalist body in the country, the Delhi Union of Journalists. The union’s statement also hinted at foul play in Kazmi’s arrest when it said, “Possibly Kazmi’s close association with the Iranian media outlets is being used by the police to implicate him”. Though the statement was issued keeping Kazmi in mind, the bigger concern on the journalist fraternity’s mind is that Kazmi’s arrest can have repercussions on other scribes too. A journalist would definitely now think twice whether he/she should work for any international outlet or not, because the message from the Indian authorities is clear – that you can be used by the government like a puppet and no one would really care about you.

It is not easy to forget the case of Ifthikar Geelani back in 2001 when he was arrested under the Official Secrets Act, and though he was set free, it indicated one thing clearly and categorically- if the government wants, it can arrest anybody at any time and can slap you with any fictitious charge within days and you will be thrown behind the bars. India is a democratic country where media is treated as the fourth pillar of democracy and it has already exposed involvement of many senior bureaucrats and ministers in various scams and corruption cases, forcing the government to act against the tainted minters, but it is not wrong to say that now the situation and times have changed. Now if you are a journalist, no matter for which agency you are working local, national or international, there is a possibility that a “case” can be framed against you and then he/she can be attacked, tortured, harassed and finally be set free. Pertinently, Kazmi’s arrest is also giving sleeping nights to another category of researchers and journalists- the ones who had recently visited Syria to cover the referendum on a new constitution. They feel that now the government is constantly monitoring their activities. They are wondering as to whether the Indian government is acting under any kind of international pressure? If the answer is yes, then the time has come for the government to act against those forces, because if they don’t act now, it would ultimately create a dissent in our democracy.

http://countercurrents.org/akhzer010412.htm

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To fix BPL, nix CPL – By P. Sainath (Mar 26, 2012, The Hindu)

One Tendulkar makes the big scores. The other wrecks the averages. The Planning Commission clearly prefers Suresh to Sachin. Using Professor Tendulkar’s methodology, it declares that there’s been another massive fall in poverty. Yes, another (“more dramatic in the rural areas”). “Record Fall in Poverty” reads one headline. The record is in how many times you’ve seen the same headline over the years. And how many times poverty has collapsed, only to bounce back when the math is done differently. And so, a mere 29.9 per cent of India’s population is now below the official poverty line (BPL). The figure was 37.2 per cent in 2004-05. The “line” is another story in itself, of course. But on the surface, rural poverty has declined by eight percentage points to log in at 33.8 per cent. That’s down from 41.8 per cent in 2004-05. And urban poverty fell by 4.8 percentage points from 25.7 to 20.9 per cent in the same period. Millions have been dragged above the poverty line, without knowing it. Media amnesia fogs the “lowest-ever” figures, though. These are not the “lowest-ever.” “Kill me, I say,” said Prof. Madhu Dandavate in 1996, chuckling. “I just doubled poverty in your country today.” What that fine old gentleman had really done, as deputy chairperson of the Planning Commission, was to jettison the bogus methodology peddled by that body before he came to head it the same year. Even minor changes in methodology or poverty line can produce dramatically differing estimates.

The fraud he undid was “an exercise” bringing poverty down to 19 per cent in 1993-94. And that, from 25.5 per cent in 1987-88. These were the “preliminary results of a Planning Commission exercise based on National Sample Survey data” (Economic & Political Weekly, January 27, 1996). Now if these figures were true, then poverty has risen ever since. And remember, highlighting that historic fall was an honest Finance Minister. The never-tell-a-lie Dr. Manmohan Singh. One business daily ran a hilarious “exclusive” on this at the time. Poverty falls to record low of 19 per cent, “government officials say.” This was the best news since Independence. But the modest officials remained anonymous, knowing how stupid they’d look. In the present era, they hold press conferences to flaunt their fraud. The “lowest ever at 19 per cent” fraud was buried in the ruins of the April 1996 polls. So was the government of the day. The “estimate” was not heard of again. Now we have the 29.9 per cent avatar. Surely that’s a rise of 10.9 percentage points in 16 years? Or just another methodological fiddle. However, the new Planning Commission numbers have achieved one thing. They’ve united most of Parliament on the issue. Members from all parties have blasted the “estimates” and called for explanations.

There’s also the Tendulkar report’s own fiddles. As Dr. Madhura Swaminathan points out, the committee dumped the calorie norms of “2,100 kcal per day for urban areas and 2,400 kcal for rural areas.” It switched to “a single norm of 1,800 kcal per day.” And did so citing an “FAO norm.” As Dr. Swaminathan observed: “the standards set by the Food and Agriculture Organisation for energy requirements are for “minimum dietary energy requirements” or MDER. That is, “the amount of energy needed for light or sedentary activity.” And she cites an FAO example of such activity. “…a male office worker in urban areas who only occasionally engages in physically demanding activities during or outside working hours.” As Dr. Swaminathan asks: “Can we assume that a head load worker who carries heavy sacks through the day is engaged in light activity?” – The Hindu, February 5, 2010. The media rarely mention that there are other methodologies for measuring poverty on offer. Also set in motion by this same government. The National Commission for Enterprises in the Unorganised Sector (NCEUS) saw BPL Indians as making up 77 per cent of the population. The N.C. Saxena-headed BPL Expert group placed it at around 50 per cent. Like the Tendulkar Committee, these two were also set up by government. While differing wildly, all three pegged rural poverty at a higher level than government did. Meanwhile, we will have many more committees on the same issue until one of them gives this government the report it wants. The one it can get away with. (The many inquiries on farm suicides exemplify this.)

That the Planning Commission thought they could slip the present bunkum by sets a new benchmark for – and marriage of – arrogance and incompetence. First, they sparked outrage with their affidavit in the Supreme Court. There they defended a BPL cut-off line of Rs.26 a day (rural) and Rs.32 (urban). Now they hope to get by with numbers of Rs.22.42 a day (rural) and Rs.28.35 a day (urban). The same year the government and planning commission shot themselves in both feet in 1996, a leading Delhi think tank joined in. It came up with the “biggest ever study” done on poverty in the country. This covered over 30,000 households and queried respondents across more than 300 parameters. So said its famous chief at a meeting in Bhopal. This stunned the journalists in the audience. Till then, they had been doing what most journalists do at most seminars. Sleeping in a peaceful, non-confrontational manner. The veteran beside me came alive, startled. “Did he mean they asked those households over 300 questions? My God! Thirty years in this line and the biggest interview I ever did had nine. That was with my boss’s best friend. And my last question was ‘may I go now’?” We did suggest to the famous economist that battered with 300 questions, his respondents were more likely to die of fatigue than of poverty. A senior aide of the think tank chief took the mike to explain why we were wrong. We sent two investigators to each household, he said. Which made sense, of course: one to hold the respondent down physically, twisting his arm, while the other asked him 300 questions.

Now to the queue of BPL, APL, IPL, et al., may I add my own modest contribution? This is the CPL, or Corporate Plunder Line. This embraces the corporate world and other very well-off or “high net worth individuals.” We have no money for a universal PDS. Or even for a shrunken food security bill. We’ve cut thousands of crores from net spending on rural employment. We lag horribly in human development indicators, hunger indexes and nutritional surveys. Food prices keep rising and decent jobs get fewer. Yet, BPL numbers keep shrinking. The CPL numbers, however, keep expanding. The CPL concept is anchored in the “Statement of Revenue Foregone” section of successive union budgets. Since 2005-06, for instance, the union government has written off close to Rs.4 lakh crore in corporate income tax. Over Rs.50,000 crore of that in the present budget. The very one in which it slashes thousands of crores from the MNREGS. Throw in concessions on customs and excise duties and the corporate karza maafi in this year’s budget sneaks up to nearly Rs.5 lakh crore. True, there are things covered in excise and customs that also affect larger sections, like fuel, for instance. But mostly, they benefit the corporate world and the very rich. In just this budget and the last one, we’ve written off Rs.1 lakh crore for diamonds, gold and jewellery in customs duties. That sort of money buys a lot of food security. But CPL trumps BPL every time. The same is true of write-offs on things like machinery. In theory, there’s a lot that should benefit everybody: like the equipment hospitals import. In practice, most Indians will never enter the five-star hospitals that cash in on these benefits. The total write-off on these three heads in eight years since 2005-06: Rs. 25.7 lakh crore. (See Table). That’s over half a trillion U.S. dollars. Not far from 15 times the size of your 2G scam. Or over twice the Coal Scam, the latest addition to the CPL. Look at the table and think about BPL estimates working on cut-offs of Rs.22.42 a day rural and Rs.28.35 urban. To fix BPL, nix CPL.

http://www.thehindu.com/opinion/columns/sainath/article3223573.ece

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Lethal Mines Continue To Kill Minors – By Zafar Iqbal (Mar 30, 2012, Countercurrents)

Two brothers loved to visit the quiet pasture with their goats and sheep. However, they were unaware that this enjoyable hobby would be fatal for them. Suddenly, they slipped in the mud and were trapped by a hidden landmine which went off with a deadly bang. They were killed on the spot. The incident occurred when the world celebrated the 20 th anniversary of the International Campaign to Ban Landmines. The victims were playing in a remote village across the line of control (Lo C), the disputed border dividing Kashmir between India and Pakistan. Both countries have been accused of the mass production and excessive use of landmines. They also refuse to join the international treaty which binds states never to use, develop, produce, stockpile or transfer antipersonnel landmines. This year the international community is celebrating “Lend your leg for a mine-free world” campaign to mark its commitment to achieve a mine-free world. Campaigners are asking people to join them on the 4 th of April, a U.N. Day for Mine Action and Mine Awareness. On this day people all over the world are asked to roll up their trouser legs to show solidarity with the survivors of landmines and other explosive remnants of military conflicts.

The strife for the abolition of landmines has witnessed a significant progress in the past two decades. The most prominent example of these efforts is the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction. The resulting treaty calls each member state to destroy its stocks of anti-personnel mines within four years of membership, and to clear all active antipersonnel landmines within 10 years. Today, 159 states have joined the Ottawa Treaty, also known as the Anti-Personnel Mine Ban Convention. This means that eighty percent of all countries have banned landmines. Most of them no longer produce them, and millions of mines have been cleared from conflict zones like Cambodia, Iraq, Egypt, Angola, Mozambique, Bosnia, Croatia, Serbia, Cyprus, Lebanon, Sudan and Afghanistan. After the Mine Ban Convention more than 42 million anti-personnel mines have been destroyed by the member states. Over 10,000 landmines and unexploded ordnance (UXOs) have been neutralised in Sri Lanka after the recent peace developments. Around a million people in Libya have been secured from the threat of deadly landmines and UXOs. Across the world, about 100,000 mines are defused annually.

However, the struggle for the existence of a world without mines is not yet over because they still threaten thousands of people in various regions. Around 37 countries have not signed the Treaty. It is unfortunate that some of the major countries still remain outside of the Treaty. These include China, Russia, the USA, as well as Somalia, Myanmar, United Arab Emirates, Cuba, Egypt, India, Pakistan, Israel and Iraq. Their lack of commitment to the Treaty jeopardises global humanitarian efforts for the eradication of fatal landmines and other related devices. Landmine accidents are one of the most appalling problems of the contemporary world. Landmine Action, a UK campaign group, estimates that every year, there are up to 20,000 casualties caused by landmines, which is around 1,500 incidents a month, or 40 a day. Other estimates say that there are 135 million landmines and UXOs spread over 70 countries. In other words, a landmine goes off every 26 minutes somewhere in the world, killing or maiming someone. The UN predicts that even if no new mines are planted from now on, it would take about 1,100 years to defuse the millions of mines planted across the globe. Demining is a very challenging and dangerous job. One the one hand, it risks the lives of experts involved in the process. For instance, only in India 797 soldiers have become victims in clearance operations since 2002. On the other hand, the financial cost of minefield clearance is mind-blowing. The estimated cost of defusing a mine is $1,300 which is considerably higher than the production cost. The UNICEF estimates the land mine manufacturing cost is $3-$10 per unit. Moreover, the number of amputees in the world has increased to 2, 50,000 people. Rehabilitation of these victims would cost $750 million.

Globally speaking, Africa is the most severely affected region where twenty-two countries face the landmine problem. Fifteen countries in Asia, 11 in Europe and 8 in the Americas are affected by the landmines. Afghanistan is one of the most heavily mined countries in the world with 640,000 mines laid in since 1970s. The Institute of War and War Reporting reveals that every month landmines cause 50 casualties in this war-torn country. Its neighbours Pakistan and India are considered two of the major producers of anti-personnel landmines. The excessive use of landmines and other devices has been reported in Andhra Pradesh, Assam, Bihar, Chhattisgarh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Uttar Pradesh, Uttarakhand and West Bengal and other Indian states, including Jammu and Kashmir. Pakistan is a large producer of landmines and exports them to Sri Lanka, Afghanistan, Bangladesh, Eritrea, Ethiopia, Somalia, and other countries. It also uses landmines in its Baluchistan province and Taliban dominated northern parts.

At present, both India and Pakistan have also heavily laid mines during the 2001-2 army build up on their international borders and along the Line of Control in disputed Jammu and Kashmir. However, after the normalization, these landlines have not been cleared off and pose danger to civilians, mainly women and children. In particular, along the LoC civilians repeatedly suffer from these treacherous landmines. Hundreds of people have lost their limbs in various areas near the LoC in the past two decades in both parts of Kashmir. Civilian victims suffer from psychological and physical trauma caused by landmines. “My life has become a hell. I have lost my vital body parts and am not able to walk, eat and see,” says Aziz, a resident of a border village. Living in utter poverty, he cannot afford to purchase the artificial limbs. There are many more victims of landmines that have the same tale of grief, frustration and ordeal. These landmines related tragedies in various parts of the world call for concrete actions and coordinated efforts of the governments and civil society to eliminate deadly landmines. Today, there is a dire need to accelerate humanitarian efforts to strengthen the Mine Ban Community. Promoting risk education and using efficient technological solutions for the clearance of landmines and UXOs can save people.

http://countercurrents.org/iqbal300312.htm

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Renewables option – By Praful Bidwai (Mar 10, 2012, Frontline)

Prime Minister Manmohan Singh has stooped low by alleging that the large-scale protests against the Kudankulam nuclear power station in Tamil Nadu, sustained impressively for six months, are inspired and financed by American and Scandinavian non-governmental organisations. Invoking the “foreign hand” to vilify those who question official projects means denying that Indian citizens have the ability to think for themselves. This is particularly offensive coming from a leader who wants to hitch India’s energy future to imported nuclear reactors and whose own economic policy has long borne an indelible foreign imprint. In reality, the only foreigners in Kudankulam have been the Russian engineers invited by the Nuclear Power Corporation. The people’s organisations leading the agitation are serving defamation notices upon the Ministers who levelled malicious accusations against them instead of engaging them and convincing them of the project’s safety. Equally pernicious is the Prime Minister’s allegation that “the thinking segment of our population certainly is supportive of nuclear energy”. Recent statements by some Indian intellectuals, such as the historians Romila Thapar and Mushirul Hasan, the economists Amit Bhaduri, Jean Dreze and Deepak Nayyar, the political scientist Rajeev Bhargav, the ambassador Nirupam Sen, the artists Krishan Khanna and Vivan Sundaram, and P. Balaram, Director, Indian Institute of Science, belie this claim. In fact, after Fukushima, there is a close congruence between popular perceptions and the intelligentsia’s concerns about nuclear hazards. The slander campaign against the Kudankulam activists is clearly a prelude to a crackdown to thrust the nuclear plant down their throats. But Manmohan Singh should know that this will not quell the growing, determined popular opposition to nuclear power in Maharashtra, Gujarat, Andhra Pradesh, Haryana, Madhya Pradesh, Odisha and indeed Kudankulam itself.

Using brute force to impose nuclear power plants on an unwilling population has dire implications not just for India’s energy sector but for democracy, our greatest post-Independence achievement. It will usher in a police state, an authoritarian “nuclear state” that rides roughshod over people’s rights and promotes a dangerously callous technocracy, as writer Robert Jungk famously warned. India’s nuclear zealots seem to have no compunction in outlawing dissent in pursuit of their obsession. This is a frightening prospect, which should make Indian policymakers pause and think. If indeed they want to improve access to electricity, denied to two-fifths of the population, and equitably promote a low-carbon, safe and climate-friendly energy economy, then a historic opportunity now presents itself in the renewable energy revolution that is sweeping the globe. Renewable energy today accounts for one-fifth of the world’s power capacity and delivers 18 per cent of global electricity and primary energy supply, besides 24 per cent of heat supply. Grid-connected solar photovoltaics (or PV, which is the direct conversion of sunlight into electricity) have been growing annually by 53 per cent and wind power by 32 per cent. Deployment of other renewables such as solar thermal, biomass, tidal and geothermal energy is also growing rapidly. The renewables revolution seems unstoppable and developing countries are playing an important role in driving it. New investment in renewables has defied the general global investment downturn since 2008. Investment rose to $150 billion in 2009 and further jumped to $243 billion in 2010, up 134 per cent since 2007 and almost five times higher than in 2004.

By contrast, the number of nuclear reactors worldwide peaked at 444 in 2002 and is now down to under 400 (counting those shut down in Germany and Japan). Their contribution to global electricity supply, once 17 per cent, has fallen to under 13 per cent. They account for only 2 per cent of the world’s final energy consumption (less than 1 per cent in India) compared with 18 per cent for renewable energy worldwide. More than 150 nuclear reactors are set to retire in the next two decades, and only about 60 are planned to replace them. The so-called nuclear renaissance that George W. Bush wanted to instigate has not materialised. No new reactor order has matured in the United States since 1973. Western Europe has not had a single new reactor commissioned since Chernobyl (1986). Areva’s European Pressurised Reactors, or EPRs (also meant to be installed at Jaitapur in Maharashtra), under construction in Finland and France, have run into grave trouble with regulators. They are over four years behind schedule, 95 per cent over budget, and mired in legal disputes. Renewable energy is growing by leaps and bounds because it is flexible, modular, and increasingly competitive, thanks to rapidly falling costs. It takes only months, often weeks, to install a PV facility or wind turbine, in contrast to 10 to 13 years for nuclear reactors. The timeline is crucial from the climate viewpoint. World emissions must peak by 2020 if global warming is not to exceed 2 C. Not to be discounted is the abundance of renewable energy resources, enough to meet the world’s energy needs 3,000 times over. Renewable energy is amenable to decentralised and stand-alone applications as well as to grid-based systems. The first characteristic is particularly relevant to India, where tens of thousands of villages remain deprived of electricity and where home-lighting systems could transform the quality of life. Renewable energy fits in snugly with energy efficiency improvement, and the two uniquely complement each other.

In India, “new” renewable energy (wind, PV, solar thermal, small hydro, and so on) deployment, barely a decade old, is growing annually at 3,500 megawatt and already exceeds the capacity of nuclear reactors fourfold and generates twice as much energy as they do. Wind generation is in true costs already cheaper than coal-based power. The cost of PV is decreasing dramatically. At the latest 130 MW auction under the National Solar Mission, the lowest generation-cost figure quoted was Rs.7.49 a kilowatt-hour, less than half of the EPR’s power. Global costs are even lower at 12-15 U.S. cents/kWh, and falling. They are expected to halve within the next few years and become grid-competitive with fossil fuels. The opportunity this offers to sun-blessed India cannot be exaggerated. Renewable energy sources have lower life cycle carbon dioxide emissions than not just gas and coal but also nuclear power. Although nuclear fission does not directly produce greenhouse gases, the entire nuclear fuel cycle, from uranium mining to fuel fabrication and transportation, to reactor construction, and fuel reprocessing and waste storage, has a sizeable carbon footprint. The CO {-2} emissions of renewable energy sources range from as low as 3 to 7 grams a kWh (wind) to 8.5 gm to 11 gm (concentrated solar power), and 19 to 59 gm (PV, although these are expected to fall). The figure for nuclear power ranges from 68 gm to 180 gm. India has a unique opportunity to join and lead the renewables revolution. India stands at a cusp. It has not yet been locked into centralised grid-based generation and can develop a new energy system that uses decentralised applications and “smart” two-way grids, which allow consumers to sell power from PV or windmills to the grid when there is a surplus. Unlike in the West, where renewable energy must adapt to already developed centralised grids, India can build a far more flexible electric system that is appropriate to its distributed consumption pattern spread across six lakh villages, thousands of small towns and power-starved slums in cities.

Indian energy planners have persistently exaggerated power demand and underestimated the potential of renewable energy. For instance, the official estimate of onshore wind potential was until recently as low as 49,000 MW (49 gigawatts); it has just been revised to 102 GW. This is huge, more than one-half of India’s total installed power capacity (180 GW). But it ignores both the low land-footprint of wind turbines and recent technological improvements that allow wind to be harvested at heights such as 80, 100 or 120 metres instead of the assumed 50 m. More updated estimates, including one by U.S.-based Indian researchers and published by Lawrence Berkeley National Laboratory, range from a staggering 750 GW to over 2,000 GW. Even if the lowest-cost resources were to be tapped at the most favourable wind sites, they would still yield 200 GW, probably taking India’s total installed power capacity beyond adequate levels. These are not the only renewable energy sources to be tapped. There is renewable biomass, which alone can meet all our energy needs through biodigesters and combined generation with solar thermal power. Not to be ignored is the potential held out by improved high-efficiency stoves that use different kinds of waste and reduce indoor pollution, a major killer of women and children. India can join the renewables revolution and benefit if it aggressively promotes such energy through a renewable purchase obligation on distribution companies, institutes feed-in tariffs (to offset initial fossil-renewable energy cost differentials), and encourages local manufacture while adapting programmes to the needs of the underprivileged. Equity is pivotal here. The technological superiority, economic viability and ecological sustainability of renewable energy are largely settled matters. That battle has already been won. The crucial issue is who will control renewable energy. It cannot be left to corporations alone. The poor must have the first claim to affordable renewable energy, and local communities must have a say in its development and use. That is the way forward.

http://www.flonnet.com/fl2905/stories/20120323290510600.htm

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IAMC Weekly News Roundup – January 9th, 2012

by newsdigest on January 9, 2012

In this issue of IAMC News Roundup

Communal Harmony

News Headlines

Opinions & Editorials

Communal Harmony

Carrom strikes communal amity in Shahpur pockets (Jan 8, 2012, Times of India)

When the streetlights illuminated eight-odd carrom boards in Shahpur along with halogen lights, the people in the crowd who were cheering up their favourite players were not Hindus or Muslims, but lovers of the game. They were witnessing a unique event where prominent players from both the communities got together to mark a new age of friendship in communally-sensitive areas. It was a unique initiative by city police officials to bring together youngsters from both the communities. The city police organized a carrom tournament on Friday and blood donation camp on Saturday in association with local community leaders.

Talking about the initiative, Ajay Tomar, joint commissioner of police, Sector I, told TOI that carrom is an extremely popular night-time game for the residents of Shahpur and thus police decided to use the game as an instrument in the peace process. “Many youths and carrom players entered the local tournaments and we got 16 top-notch players from both the communities who clashed in a high-voltage meet on Friday night. Large crowds have gathered on Friday but this time, police were not monitoring them, but were enjoying the game mingling with them,” said Tomar.

He added that the tournament brought together people from both the communities. “We found quality of the game to be very high. They have potential to go to state and national level tournaments. We have assured them of all help if they make a mark in such events or want to participate and doesn’t have resources,” said Tomar.

The next day saw a blood donation camp being organized at various places notorious for bloodshed. “Why shed blood when you can donate it? – was the motto of the camp organized by city police officials where along with local residents, police personnel also donated their blood. More than 150 persons attended the event. Local leaders were very supportive and asked for more such activities in the future that can bring together the communities which, otherwise are at loggerheads,” said a Shahpur police official.

http://timesofindia.indiatimes.com/articleshow/11408176.cms

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Ensure ‘noticeably fair’ probe into Zakia’s complaint: Bhatt to Raghavan (Jan 7, 2012, Indian Express)

Suspended IPS officer Sanjiv Bhatt has written another letter to R K Raghavan, who heads the Supreme Court-appointed Special Investigation Team for the 2002 riots, requesting him to carry out a “noticeably fair and impartial” probe against Chief Minister Narendra Modi and 62 others. This comes a day after former Chief Minister Suresh Mehta wrote to Raghavan to similar effect.

In the letter, Bhatt says, “It seems that the SIT, for some inexplicable reason, is continuing to intentionally disregard very important aspects of the investigation into the complaint of Zakia Nasim Ahesan Jafri, dated June 8, 2006. Nothing illustrates this better than the deliberate reluctance of the SIT to examine witnesses who would be able to provide very vital information about the meeting held at the residence of the Chief Minister Mr Narendra Modi on the late night of February 27, 2002.”

Referring to the evidence which the SIT should probe into in connection with Jafri’s complaint, he writes, “…you are requested to effectively shield your officers from all possible allurements or pressures being mounted by the high and mighty criminals who are firmly ensconced in the Government of Gujarat, and ensure that the SIT carries out a noticeably fair and impartial probe into the complaint…”

“This, to my mind, is the barest minimum that you should be doing even at this stage, by way of an honest and sincere attempt to redeem and justify the tremendous faith reposed in you by the Honourable Supreme Court of India,” Bhatt adds.

http://www.indianexpress.com/story-print/896901/

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‘Modi govt orchestrated Akshardham attack, riots’ (Jan 5, 2012, Indian Express)

Congress stalwart Shankersinh Vaghela today accused the Narendra Modi government of orchestrating the terrorist attack on Akshardham Temple in Gandhinagar and communal events in the recent history of Gujarat, including the Godhara train carnage.

“Hamna na communal ghatno ni pachal koi nahi pan haal na saatdhisho no haath che. Aa ghatnao jem ke Godhra ane Akhardham tenma emnu je karelo che mato ni rajneeti mate (Communal events of recent past have been orchestrated by those in power at present. Events like Godhara carnage and Akshardham attack (in 2002) were orchestrated by them for vote-bank politics,” Vaghela said at the start of the party’s Sardar Sandesh Yatra at Veraval in Junagadh district.

Many other senior Congress leaders, including Leader of Opposition Shaktisinh Gohil, state party unit president Arjun Modhwadia and Narhari Amin, also took a dig at the BJP and Modi for allegedly playing politics in the name of religion.

“Somnath temple, which was destroyed by invader Ghazni, was restored by Sardar Vallabhbhai Patel, a Congress man. Now Modi and former CM Keshubhai Patel have come on board to play politics. It is difficult to understand how come they call themselves Chote Sardar,” said Gohil, who empahsised, “Sardar Patel, who had nothing to do with politics of vote, cannot be in any manner linked to the BJP.”

He also accused the government of befooling locals like fishermen. “Projects and compensations of several crores have been announced by the government for this community. But they are waiting for compensation till date,” said Gohil.

http://www.indianexpress.com/story-print/896022/

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CBI questions Amit Shah in Tulsiram Prajapati case (Jan 3, 2012, Times of India)

Gujarat’s former junior home minister Amit Shah has been questioned by CBI in the Tulsiram Prajapati fake encounter case. Shah was earlier arrested by the probe agency on charges of masterminding the Sohrabuddin Sheikh fake encounter. The questioning was carried out under a veil of secrecy at Delhi last week. After being arrested in the Sohrabuddin case, Shah has been directed by the Supreme Court not to enter Gujarat. CBI officials met him in Delhi.

Shah, said CBI sources, was questioned on his numerous telephonic conversations with two IPS officers linked to the Tulsiram shooting in December 2006. Shah’s mobile phone records show that he was in constant touch with deputy inspector general (DIG) of police, D G Vanzara and superintendent of police, Rajkumar Pandian. Both have already been arrested in Sohrabuddin case. Shah has denied all the charges and has told the CBI that he had spoken to the two IPS officers in connection with absconding robber Kirit Dhoom. Pandian, who was back then posted in the ATS, was supervising interception of Kirit’s calls. Shah denied that he had any knowledge about the Tulsiram encounter prior to the incident.

CBI also questioned Shah why he had transferred Vanzara just 13 days before the Tulsiram encounter. Vanzara was then transferred from ATS to the post of DIG (border range) in Kutch. Tulsiram was gunned in the fake encounter in Banaskantha which falls under the Border Range DIG’s jurisdiction. Shah has claimed that the transfer was an administrative move and was in no way connected to the Tulsiram encounter. The CBI team probing this case will reach Gandhingar on Tuesday. “Some more people will be summoned after this for questioning. Some other cops, who are already behind bars, will be questioned in jail,” said CBI sources.

http://timesofindia.indiatimes.com/articleshow/11345223.cms

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SIT nails Gujarat government’s lie on Ishrat ‘encounter’ (Jan 4, 2012, India Today)

Contradicting every claim made in the Ahmedabad crime branch’s first FIR, which was filed immediately after the Ishrat Jahan encounter in 2004, a 22-page report by the special investigation team (SIT) revealed that Ishrat and her three companions were not only gunned down in a fake encounter, but the killing was a “wellplanned, brutally executed murder”. On December 1, 2011, the Gujarat High Court declared that the SIT had discovered that the murder of the Mumbai teenager and her companions – Javed Shaikh, Zeeshan Johan and Amjad Ali – was executed in a “not genuine” encounter by the notorious Ahmedabad crime branch, with the defamed D. G. Vanzara at the helm of affairs.

The division bench, comprising justices Abhilasha Kumari, also declared that the fake encounter would be probed by the CBI. The SIT was assigned to hand over the probe within two weeks to the central probe agency. Additional DGP and SIT chairman R. R. Verma on December 15 handed over the 22- page FIR to the CBI, following which the agency filed a fresh FIR in Mumbai against 20 Gujarat Police officers. The SIT report clearly revealed how the crime branch officers killed Ishrat and her friends and then carried out a coverup operation through a concocted story.

The state police had noted that Ishrat, Javed, Amjad and Zeeshan had arrived in Ahmedabad early on June 15, 2004, to assassinate chief minister Narendra police claimed they had been killed in “retaliatory fire”. But the SIT concluded that police inspector N. K. Amin ordered the firing without provocation. The blue Indica carrying Ishrat and her friends could have been stopped merely by blocking the road, it added.

According to the crime branch FIR, Amin followed the car for almost 21 km before ordering a constable to open fire. When the car’s occupants started indiscriminate firing, retaliatory fire by the crime branch officers killed all the four passengers. But the SIT found many loopholes in this version – from the constable succeeding in hitting the target the first time to the bullet holes on the car being inconsistent with the crime branch story. The police had claimed to have acted upon intelligence inputs that some LeT operatives were planning Modi’s assassination but the SIT’s investigations found no substance in these claims.

http://indiatoday.intoday.in/story/ishrat-jahan-fake-encounter-sit-report-gujarat-government/1/167164.html

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Malegaon blast: NIA opposes Sadhvi Pragya’s bail (Jan 7, 2012, IBN)

The National Investigation Agency (NIA) has opposed the bail plea of Sadhvi Pragya Thakur, saying she has a direct role in the 2008 Malegaon Blasts.

Her motorcycle was allegedly used to plant the bomb. The agency also says there is strong incriminating evidence against her. The case will now be heard on January 21.

Sadhvi Pragya is the main accused in the 2008 Malegaon blast that killed 6 people and injured 100 others. In October 2011, the Supreme Court had rejected her bail application.

http://ibnlive.in.com/news/malegaon-blast-nia-opposes-sadhvi-pragyas-bail/218733-3.html

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Khaki terror compensation: Saga of mistakes ends on error (Jan 6, 2012, Twocircles.net)

The Andhra Pradesh government’s program to provide compensation to the Muslim youths ended in a photo-op session. Despite protests from several acquitted youths whose names were not in the government list, the state government went ahead and concluded the program in such a hurry, that looks like that compensation issue must have been a huge liability on them. In response to the huge cry from many Muslim organizations to review the list and include some more names, district collector of Hyderabad Mr. Natrajan Gulzar released a new review list but in this list no additional name was included, rather one more Muslim youth was excluded from the list. Mohd Rayeesuddin’s name was there in the earlier list, but now it was excluded and the reason given is he has a case pending against him. TCN spoke to Rayeesuddin about it. He said, “Govt has played a dirty joke against me and my family, first my name was included, now it is being excluded in the new list made by the collector. The reason given is my name is there in the charge sheet of the case of DGP office encounter, in which N.K. Ameen, a Gujarat police officer gunned down a Hyderabadi youth in front of the DGP office. My name is also included in the charge sheet under sec 307, and Narender Ameen is booked under sec 302, but Ameen is in Gujarat prison for the Shorabuddin fake encounter case, so until he is not prosecuted my case won’t start, so till the case won’t end I am not eligible for compensation”.

But amidst all these controversies, the government went ahead with the programme at 4 p.m today. The program was convened by Mohd Ilyas Razvi, managing director of APMFC, and it was presided by Mohd Ali Rafat, head of minority welfare department while minister for minority affairs Mohd Ahmedullah was the chief guest. But what is interesting is that the invitation which was given to the press included the names of 5 ministers from the state as the chief guests, but no minister except the minority affairs turned up for the program. However, many MLAs of MIM were also present on the occasion. The program started by the presidential address of Mohd Ali Rafat. He said today’s program is the acknowledgement of the mistakes done by the police. He said the amount provided by the government can’t compensate their grievances properly but still it will give them the lost status in the society. He further said the A.P police are not going to exactly providing the character certificate, but it will be a proof that the respectable youths were not involved in any criminal cases.

Then Akbaruddin Owaisi, Opposition Leader (of MIM) in Andhra Assembly spoke. He said that government have accepted their wrong, now the wrong doers must be punished. He welcomed chief minister’s initiative for providing compensation, but criticized the Govt for not providing compensation to all the acquitted youths. He demanded that case which is still open of acquitted youths should be closed down immediately. He said pending cases against some youths in different issues should not become a hindrance to provide compensation to the youths who have suffered a lot. To the acquitted youths, he said this compensation can’t undo the wrong done with you, but it is a proof that you were innocent. Lastly while ending his speech he gave all the credit of this initiative of the government to his party MIM. Mohd Ahmedullah, minister for minority affairs was the last speaker. He spoke for just few minutes because of his limited and broken Urdu (his mother tongue is Telugu). He said A.P congress government is the first government in the whole country to take such kind of noble initiative. He said blasts have happened in many places and innocent Muslims were arrested in different cases but no government till now has repent and acknowledged there mistakes like the A.P government has done.

Next the cheque giving ceremony started. Only fifteen youths were provided cheques by the hand of Akbaruddin Owaisi and Mohd Ahmedullah. The rest were to get their cheques separately by the minority ministry officials. When some of the youths while receiving compensation cheque tried to tell their grievances to the minister, that their charge sheets are still open and those guilty police officers are threatening them not to speak, they were silenced by the minister saying that they will discuss this later. The character certificate which was promised to be given at the program was not given. Rather it was announced that interested youths can collect it tomorrow from MWD office. Shoaib Jagirdar and Syed Imraan Khan are both uncle and nephew. While Shoaib belongs to Maharashtra and Imraan belongs to Hyderabad. They were the first to get detained by the government in this case, both have spent nearly two years in jail, both were acquitted by the court later. But their names were not in list of acquitted persons to get the compensation and character certificate. They both were present at the venue. They put their grievances before Akbaruddin Owaisi who in turn said, he can’t do anything till the cases are pending against them, and asked them to meet him after two days, so he can see what he can do.

TCN spoke to both of them. Imraan said before implicating him in Mecca Masjid bomb blast case police put one more false case on both of them of making a fake passport. He said that case is still pending so they can’t receive the compensation. Shoaib said in his whole life he has not applied for the passport, like the other cases put by the police this is also fake, but police have not even submitted its charge sheet in the court to make it more delay for us and we can’t get eligible for compensation and good character certificate. Program ended with chaos in the hall when the left out youths started telling their grievances to the government officials and the politicians, but no one paid heave to them as soon as the photo-op session was finished politicians and the Govt officials left the venue. One can judge the seriousness of this program by this fact that even the banner put by the government officials on the stage, carried wrong spelling of Mecca Masjid, a reminder that the saga of mistakes and errors ended on another mistake.

http://twocircles.net/2012jan06/khaki_terror_compensation_saga_mistakes_ends_error.html

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6 Sri Ram Sene members held for hoisting Pak flag (Jan 5, 2012, Rediff)

The Karnataka police have arrested six members of the youth wing of the Sri Ram Sene in connection with the hoisting of a Pakistani flag at the Sindgi town in Bijapur. It was alleged that some miscreants had hoisted a Pakistan flag over the Tahsildar’s office. As a result of this incident, there was violence in this area on January 1.

There was large scale damage as a result of the violence that erupted. A bandh call too was given by the Sri Ram Sene and also the Bajrang Dal. Superintendent of Police D C Rajappa has confirmed that all the arrested were the members of the student wing of Sri Ram Sene.

The accused have been identified as Rajesh Siddaramaiah Matha, Arun Vagmore, Parashu Rama Vagmore, Sunil Madivalappa Agasar, Eshwar Navi and Mallana Gowda Vijaya Kumar Patil. It is alleged that the incident was a conspiracy of Sri Ram Sene, which wanted to create communal tension in the town.

http://www.rediff.com/news/report/karnataka-6-sri-ram-sene-members-held-for-hoisting-pak-flag/20120105.htm

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‘MP cow slaughter law may be misused’ (Jan 5, 2012, Indian Express)

Madhya Pradesh’s amended legislation that allows raiding of any premises on the assumption that cow slaughter is likely to take place, or beef is likely to be stored or transported, could be misused, feel jurists, minorities and political parties. Besides increasing the maximum jail term for offences under the MP Govansh Vadh Pratishedh Vidhayak to seven years, the new law allows a head constable or senior police officials, or anyone authorised by a competent authority “to enter and inspect any premises within the local limits of his jurisdiction, where he has reasons to believe that an offence has been, is being or is likely to be committed and shall take necessary action (search and seizure).”

Former Supreme Court judge Justice Faizanuddin said, “Mere suspicion can’t be a basis for action, there has to be some material evidence.” He said the provision is not in contravention with the existing law, but there has to be checks and balances. “Minorities will be targeted just the way any anti-terror law is used to point fingers at Muslims,” he added. However, former SC judge Justice Ripusudan Dayal said that every law can be misused, but only the affected can challenge the provision. “You can’t strike down a law for merely having such a provision,” Dayal said.

Congress MLA Arif Aqueel, the dissenting voice when the law was being passed in the Assembly, said it would be used to target Muslims. “They should have brought a legislation to deal with proper disposal of skin and meat,” he said. Former Congress Home Minister Satyadev Katare said the power to inspect and act should not have been given to lower constabulary who are likely to misuse it at the ruling party’s instance. While spokesperson of MP Catholic Church Fr Anand Muttungal said the law would be misused just like the anti-conversion law, CPM state general secretary Badal Saroj termed it as fascist.

“The state does not have a laboratory that can tell the difference between cow meat and buffalo meat,” Saroj said, alleging that police officials and bureaucracy are already communal and the new legislation will give them unbridled powers to target the Muslims. Calling the BJP ‘hypocrites’, he said the party supported the 1992 presidential bid of G G Swell, former deputy speaker of the Lok Sabha and an MP from Shillong, who was vocal about his beef eating habits.

http://www.indianexpress.com/story-print/895789/

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NRHM irregularities: CBI registers 5 new cases (Jan 4, 2012, The Hindu)

The Central Bureau of Investigation has registered five new cases, including one against the former Family Welfare Minister of Uttar Pradesh, Babu Singh Kushwaha, pertaining to alleged irregularities in the implementation of the National Rural Health Mission (NRHM) funds, leading to a loss of Rs.28 crore to the exchequer. The investigating agency seized valuables, cash and documents during the searches conducted at 60 places in Delhi, U.P, Haryana and Madhya Pradesh. Pursuant to the Allahabad High Court directions, the CBI, on November 19 last year, registered five preliminary enquiries in connection with alleged irregularities in utilising NRHM funds to the tune of Rs.10,000 crore allocated to the State government since 2005-06. Two of these enquiries have now culminated in registration of five cases.

Mr. Kushwaha, who joined the Bharatiya Janata Party on Tuesday, has been named an accused in the first case related to upgrade of 134 district hospitals for Rs.13.4 crore by the Construction & Design Services (C&DS), a unit of the U.P. Jal Nigam. Some papers that were part of the 1,500-page document submitted to the CBI on December 30 by BJP national secretary Kirit Somaiya have also been included in the case. According to the CBI, investigations so far revealed that the work was given to a company named Surgicoin on forged documents and the materials installed at the hospitals were found to be of an inferior quality. The former Director-General (Family Welfare), S.P. Ram, and C&DS general manager P.K. Jain have also been named in the case.

“Searches were conducted at the residential and official premises of the accused, including two places belonging to Mr. Kushwaha and one of his associates in Gwalior. Three kg of gold and Rs.1.1 crore in cash were found in the bank locker of P.K. Jain. A 300-member team conducted searches on the Ghaziabad premises of Surgicoin,” said a spokesperson. Four other cases were registered in connection with alleged irregularities in awarding contracts for procurement of medicine and medicinal equipment and expenses on publicity material by the former Director-General (Family Welfare). The procurements were done through State-owned public sector units at “exorbitant rates,” four to five times more than the prevailing market rates.

In one such case, the agency found that the contract for purchasing medical equipment worth Rs.4.42 crore was awarded to Guru Kripa (Moradabad) and Kapil Medical Agency (Moradabad) in a “pre-decided” manner. The CBI claimed that it led to a loss of Rs.1.5 crore to the exchequer. In another case, tenders for procurement of publicity material were awarded at “exorbitant prices” to Sidhi Traders (Moradabad) for Rs.13.7 crore, causing a loss of Rs.8 crore to the exchequer. In the fourth case, a contract for purchase of medical kits was awarded at exorbitant rates to Surgicoin (Ghaziabad) for Rs.31.59 crore. “It led to a loss of Rs.10 crore,” said a CBI official. In the fifth case pertaining to purchase of computers by the State Health Society through Shreeton India Limited, the PSU had allegedly paid advance money to one Radhey Shyam Enterprises and Axis Marketing even before tender was invited by them. It purportedly caused a loss of Rs.2.93 crore.

While the five cases were registered on January 2, the three other preliminary enquiries are still under way. The CBI has been directed to complete the enquiries in four months. The CBI had quizzed Mr. Kushwaha and the former Health Minister, Anant Kumar Mishra, in connection with the mysterious death of Deputy Chief Medical Officer Y.S. Sachan – an accused in the murder of CMO’s Vinod Arya in October 2010 and his successor B. P. Singh in April last year – inside a Lucknow jail, soon after he was arrested by the police in connection with the NRHM scam. According to the CBI, Dr. Sachan apparently committed suicide.

http://www.thehindu.com/news/national/article2773923.ece

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ED summons Ramdev aide Balkrishna for foriegn exchange violation (Jan 3, 2012, Indian Express)

Widening its probe into the finances of yoga guru Ramdev, the Enforcement Directorate has summoned his aide Balkrishna in connection with a foreign exchange violation case registered against their trusts. The agency, according to sources, has asked Balkrishna or an authorised representative on his behalf to be present before agency officials here on January 10. The representative also has been asked to bring along documents and letters related to the firms run by Ramdev’s trusts.

The Directorate had registered a case on the basis of a report from the RBI for “export outstanding” of a few crores by the trusts run by Ramdev and inputs by some banks which were instrumental in channelising transactions of these firms. Also under the scanner of the agency is the Little Cumbrae Island, off the fishing town of Largs in Scotland, which serves as Ramdev’s base overseas and also as a wellness centre.

The agency is ascertaining the status of transactions that were done by these trusts while exporting consignments of Ayurvedic medicines to foreign countries. According to sources, the ED is probing receipt of payments with regard to sale of these consignments and ascertaining if these were in consonance with forex rules laid down by RBI.

http://www.indianexpress.com/story-print/895276/

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Opinions and Editorials

SIT – Fair or Unfair – By Sayema Sahar (Jan 7, 2012, Twocircles.net)

Any clean chit to Gujarat Chief Minister Narendra Modi in 2002 riot cases would be a “big worry” for democracy and criminal justice system of the country, former CM Suresh Mehta said on Thursday, in a letter to R K Raghavan, Chairman of the Supreme Court-appointed Special Investigation Team (SIT) probing some of the post-Godhra riot cases. He also said a clean chit to the BJP stalwart will also be a critical reflection on the agency. Further to Mehta’s letter, Gujarat IPS officer Sanjiv Bhatt, on 6th January 2012, has also written to the SIT chief alleging that the agency is not conducting a fair investigation.

Mr. Bhatt had earlier on Dec 9, 2011, written a letter to the SIT chief R K Raghavan urging him to record his testimony before a magistrate under Section 164 of the CrPC since he feared “distortion” of his earlier recorded statements on the riots. This request and as many as 5 other letters of Bhatt to SIT went unanswered. Not just this, officer Bhatt went ahead alleging certain SIT officials of twisting his statement and leaking it to the media. Is SIT really proceeding with fair investigation? The Honorable Supreme Court while appointing the SIT, had observed, “Communal harmony is the hallmark of democracy… If in the name of religion people are killed, that is a slur and blot on democracy.”

The very inception of SIT at the Supreme Court, therefore was to conduct an independent and fair investigation, for which it was assigned extraordinary powers. SIT was enabled to provide full protection to witnesses and to monitor the trials, ensuring that the conduct of the courts was judicious. SIT, however, has miserably failed to protect the witnesses of the carnage from threats and intimidation. The utterly brazen manner in which the SIT chief ignored the repeated request and plea of one of the key witnesses Sanjiv Bhatt to beef up his security, speaks volumes about the attitude of the agency. A major faction of aware society is of the opinion that SIT has entirely failed in its responsibility to the apex court. It has failed in its duty to oversee a professional and non-partisan investigation in Gujarat. Right from the start there was marked hostility towards those eyewitnesses and survivors whose petition in the apex court had led to the constitution of the SIT in the first place.

The approach of the investigating officers, deputed by SIT, was more like a defense counsel, towards the witnesses while recording their statements and least like an impartial investigating agency. Representatives from the civil society had urged the SIT chief, to record statements of key witnesses, before a judicial magistrate, to reduce the chances of a witness turning hostile. The SIT chief however saw no merit in the suggestion. Witnesses have also complained against the senior officers who are spearheading the entire investigation, that they were never available to hear their complaints. This is not all as far the credibility and fairness of SIT goes. SIT saw no merit in the affidavits of eyewitnesses and survivors, which was admitted in the apex court.

These affidavits and testimonies were completely ignored by the ‘impartial investigating agency’ obviously these affidavits could not find a mention in the charge sheet filed by SIT. Further ahead SIT’s deliberate reluctance to investigate the documentary evidence, including phone call records, mobile van records, control room registers and fire brigade registers only goes on to say that they are NOT BEING FAIR TO THE TRUST OF THE APEX COURT in the team. The Supreme Court of India had ordered the SIT “to take steps as required in Law”. The question whether the team is living up or would live up to the order of the Highest Court of the land, however remains unanswered. The victims of the ‘blood bath’ of 2002 however are losing their trust in this so called impartial investigating agency.

http://twocircles.net/2012jan07/sit_%E2%80%93_fair_or_unfair.html

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End Of The Marquee – By Anuradha Raman (Jan 16, 2012, Outlook)

Suddenly, there is a lot of New Year cheer in the air. The corporates don’t want to sound gloomy. Prime Minister Manmohan Singh has urged Indians to eschew negativity. And with elections in the air, members of Parliament across the board are wary of striking the wrong note. Which is why they have moved on after putting off the agonising decision on the Lokpal bill for another day. In this climate, where do Anna Hazare and his band of generals stand? Will the movement survive the overwhelming mood of hope? The Delhi chill seemed to have found its way into the reception of Anna’s announcement of a three-day fast. Only a few thousands turned out in support at Mumbai’s MMRDA grounds on December 27, while the Ramlila Maidan in Delhi, thronged by lakhs just four months ago, wore an equally desolate look. Uneasiness with the Lokpal bill, evident both within the Congress and its allies, played itself out in a dramatic midnight twist in the Rajya Sabha. The Trinamool Congress had given a hint of its commitment to the bill when the standing committee deliberated the issue. “We have to see whether the provisions of the Lokpal bill are constitutionally feasible,” one of its MPs had said. There was an encore performance at the all-party meeting called by the prime minister on December 14, when almost all political parties advised caution. Of course, all of them, with the sole exception of the Shiv Sena, wanted a strong Lokpal bill.

As the MPs held forth, and as it became evident that a requiem for the Lokpal bill was imminent, the organisers of the movement against corruption called off Anna’s fast after a day. Anna’s health too became a matter of concern and his rallying cry of ‘jail bharo’ too fell silent. Public enthusiasm had ebbed and the bill had been successfully scuttled. Had Team Anna’s movement come undone? The core committee will be meeting in the next few days both to introspect on what went wrong and on the course ahead. “Several factors were responsible for the thin attendance,” says Arvind Kejriwal. The choice of venue, the role of the state government in scuttling the movement are being touted as some of the reasons. Prashant Bhushan is more candid when he says, “Perhaps our preoccupation with the political parties to discuss the legal consequences of the bill led to the neglect of our volunteers. Unlike August, where we had spent considerable time mobilising people, organising referendums in key constituencies, this time around, we were not able to engage with them. We need to go back to ensure that the energy levels of our volunteers are utilised.” “We will be meeting soon,” says Kejriwal, “after Annaji recovers, and decide on our future course of action.”

Some of the proposals likely to come up at the core committee’s meeting are: Should the movement turn overtly political and ask Anna to campaign in the states that will be going to the polls? If so, should the discussion remain focussed on the Lokpal bill or include a basket of issues? There is some confusion here. Says Arvind Kejriwal: “Core committee members have expressed views ranging from staying away from the poll-bound states to keeping the issue of Jan Lokpal alive. We will take a call when Anna recovers.” Alternatively, should the team stay away from the poll-bound states? Should Anna, health permitting, address a rally in each of the poll-bound states? Or, should the task be left to Kejriwal and other members? Should a CD (showing how the UPA government betrayed the corruption cause) be circulated in the states where elections are going to be held? Also to be considered is the proposal of going to the Deoband seminary in an attempt to make the movement more inclusive and to counter the often-hurled charge of being pro-Hindutva. But in doing so, is there the risk of being alienated from the more moderate sections of society?

Each of these proposals comes with its attendant problems. As sources point out, if Team Anna goes to polls, whom will they rail against? “Each of the political parties has played its part in scuttling the bill,” says a team member. “To attack only the Congress would mean Team Anna doesn’t have issues with the BJP, SP, BSP and RJD, not to mention the TMC.” Besides, those spearheading the anti-corruption campaign are only too aware that campaigning against the Congress in states like Uttarakhand (the BJP government there has cleared a Jan Lokpal-like bill) and Punjab (where the government is supportive of it) may be pointless since the governments in power are battling anti-incumbency. Then again, in the keenly-watched Uttar Pradesh elections, campaigning against the Congress could be perilous since Team Anna will then be charged with siding with the BJP.

Says core committee member Prashant Bhushan, “We do not want to enter into a campaign, but we are being forced to do so in the light of what the Congress and the others did. Willy nilly, you have to hurt them electorally. We have to hurt them where it hurts the most, but is this (Lokpal) the only issue we should talk about? That needs to be debated by the core committee.” Anna’s absence is also telling on the committee, as it finds itself unable to move a step forward without his nod. So, is there reason for some cheer for those who spearheaded the campaign against corruption? The manner in which political parties came together to scuttle the bill in the Rajya Sabha was clearly a letdown. Even the position taken by some TV channels and newspapers is a matter of concern. Cynicism will stay and the actions of political parties and the government is likely to reinforce this in 2012.

http://www.outlookindia.com/article.aspx?279450

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The corrupt rule the roost – By Arun Kumar (Jan 7, 2012, The Hindu)

The Lokpal Bill failed to become law in 2011. The Lok Sabha passed it after some acrimony, but the Rajya Sabha did not even vote on it. Three views emerged during the debate inside and outside Parliament. First, it is a weak Bill not worth passing in its present form. Secondly, it is better to have some sort of Lokpal even if it is not what it ought to be. Lastly, the Bill would create a monstrous institution that will undermine Indian democracy, especially as it would affect the functioning of legislators and the Prime Minister. Many parliamentarians (publicly and/or privately) understandably supported the third view, given that either they themselves or some of their party colleagues face charges of corruption. They argue that Indian democracy is one of the best in the world: so why disturb it by creating a new institution that would have powers over the people’s representatives. While this argument has some merit, perhaps their real worry relates to the possible truncation of their capacity to wheel and deal. Do they not see that the public is angry with the politicians because it believes they undermine democracy? A Chief Minister resigns over corruption charges, but installs his wife as Chief Minister. Many who are accused of corruption have become Chief Ministers or Ministers. Politicians often make public statements, only to deny them later, showing utter disregard for public opinion. The public has reacted by increasingly becoming contemptuous of them.

The middle position prevailed in the Lok Sabha but not in the Rajya Sabha. The argument is that it is better to have some kind of Lokpal than none. A middle path is favoured over extreme positions. However, can the position midway between two incorrect positions be automatically considered correct, or even that which is midway between an incorrect and a correct position be a correct one? It was argued, for instance, that even if the Central Bureau of Investigation remains under government control it may be granted more autonomy. The moot question is whether such a CBI can be effective. Some people suggest that the absence of constitutional status would weaken the Lokpal. It is true that constitutional status rather than statutory status is better. But how would that by itself make the Lokpal effective? It is argued that a government that is unhappy with a Lokpal can remove the body, as happened in the case of the Punjab and Haryana Lokayukta, or have the Bill modified through a simple majority in Parliament. However, in today’s environment this would be difficult since anti-corruption movements are stronger than earlier. The moot question is: how would constitutional status help curb corruption if the Lokpal itself is weak because of the inadequate provisions in the Bill? India has several constitutional authorities, such as the Comptroller and Auditor General and the Central Vigilance Commissioner, to check malpractices. Yet, illegality has only grown.

Is it the case that because the Election Commission is a constitutional body it is successful? Elections to five States have been announced. In this season to fight corruption, the Commission has announced steps to reduce the role of black money in elections. Income tax officers will be posted to monitor expenditure, bank accounts will have to be opened by candidates to route funds, and so on. These seem timely since much black money is used in elections, resulting in the forging of ties between politicians and the corrupt. Most candidates spend way above the election expenditure limit since they buy votes, hire workers, travel, organise meetings, and so on. The politicians accepting funds know that a quid pro quo is involved. There are also the wealthy fighting elections using their own unaccounted funds. They pay off the party leadership to get nominations. They may not be obliged to others but their motive is not selfless service, rather the furthering of their business interests. Election Commissions have tried to curb the role of black money in elections, but the politicians have proved cleverer and circumvented it all. T.N. Seshan as Chief Election Commissioner cracked the whip, but many politicians have said in private that he only succeeded in driving spending underground. There are reports of large cash movements during election-time. It is good that this would be monitored, but will that be effective? One election organiser of a candidate in the last parliamentary elections admitted that money came in sacks. Apparently, counting machines were installed in safe houses where cash was counted and distributed.

In the last two decades, no Election Commissioner has been accused of being corrupt, though there have been accusations of bias. Yet, the Commission has not been successful in checking malpractices that result in the compromised getting elected – who then claim legitimacy and propagate corruption with impunity. Instances of booth-capturing have declined, but new forms of grabbing votes have emerged. There are election expenditure limits but these are hardly kept. Parties and candidates are supposed to get their accounts audited, but how can unrecorded transactions be audited? The failure of a constitutional body like the Election Commission to check the growing scale of corrupt practices has important lessons for the reform of the existing watchdog institutions and the Lokpal. India has a multitude of watchdog institutions, constitutional and statutory. What is their experience? The CAG audits government departments to track malpractices, but those in power have found ways to get around it. Intelligence agencies (the Intelligence Bureau, the Directorate of Revenue Intelligence and so on) keep tabs on important people and their wheeling and dealing and hold vast amounts of information, but illegality has only grown. There are the CVC, the CBI and various police agencies. Government departments have their vigilance wings. There are agencies to protect the environment, but the powerful violate environmental laws with impunity. There are regulatory authorities (such as the Securities and Exchange Board of India and the Telecom Regulatory Authority of India) to check private business activity, but they could not prevent the 2G scam or insider trading in the stock markets. The Reserve Bank of India regulates financial institutions, but it has been found wanting, as in the Harshad Mehta scam, the failure of cooperative banks, and so on.

The Information Commission oversees the Right to Information. It has shown some success, but increasingly the whistle-blowers are being eliminated and its success has remained limited to the highly literate. The media have exposed innumerable cases of corruption, but now sections of them are entangled in the vice of paid news. Some media stars have been found to be hobnobbing with the powerful and the compromised. The judiciary is an independent constitutional body, yet the number of cases of alleged corruption against judges is increasing. Cases are piling up in courts, and the number of pending cases has crossed four crore. This has resulted in miscarriage of justice in many instances. … Democracy has become formalistic. Legislatures should check corruption but it would not be so if the elected are beholden to the corrupt or are themselves corrupt. The problem is political; it cannot be resolved through technical fixes or by having more laws – these are anyway being circumvented. A weak democracy presents a no-win situation: if a democracy is weak, the corrupt get elected and misuse their autonomy; if the legislators’ autonomy is curbed, democracy weakens. Only a conscious public, not rules and laws, can deliver autonomous and incorruptible legislators.That is why today there is a need for political movements that can change the national consciousness, a task being addressed by the movement against corruption and for Lokpal. So, the question is, can there be strong watchdogs in a weak democracy?

http://www.thehindu.com/todays-paper/tp-opinion/article2782015.ece

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Strange Notion of Communal Harmony: Madhya Pradesh’s law banning cow slaughter is discriminatory and arbitrary – Editorial (Jan 14, 2012, Economic &Political Weekly)

The Madhya Pradesh (MP) government has put forward a strange reason for amending the Gau-Vansh Vadh Pratishedh (Sanshodhan) Act or cow slaughter law to introduce far more stringent provisions than the earlier Prohibition of Cow Slaughter Act 2004. It believes that this is in the interest of communal harmony in the state. The amended Act provides for harsh punishment and grants the police extremely arbitrary powers. It essentially criminalises the eating habits of millions of citizens, especially Muslims, Christians, dalits, and a large number of Hindus too. The punishment now for cow (and calf) slaughter will carry a minimum of one year and maximum seven years’ imprisonment along with a fine of Rs 5,000. Even storing or transporting beef will now be punishable with a minimum term of six months, which can be extended up to three years. The most contentious provision in the law is that a “competent authority” has been empowered to “enter and inspect any premises” where he has “reason to believe that an offence under this Act has been, is being, or is likely to be committed”, and take necessary action. More importantly, the onus is on the accused to prove his or her innocence. Given the way the police and the legal system function, such a provision is more than likely to be abused as it allows scope for wide interpretation. Add to this the fact that the present MP government has a history of targeting the state’ s religious minorities, one can see that far from helping communal harmony, the law is likely to inflame passions.

But it is not just from the point of view of minority rights that this Act seems discriminatory. Those protesting against Karnataka’s Prevention of Slaughter and Preservation of Cattle Bill, 2010 (which also has stringent provisions) have pointed out how it is anti-farmer and anti-poor. Farmers, including those who do not eat beef themselves, usually sell old cows to the butcher in order to buy new cattle stock. This not only provides meat to many families who find beef an affordable source of protein but also services the indigenous leather industry that supports a large workforce. In fact, dalit organisations in Karnataka (where there is also a BJP government) have been in the forefront of the protest against this bill becoming law. They have consistently pointed out that in the face of rising food prices, banning cow slaughter and thus beef would be akin to violating the fundamental rights of the dalits. The Karnataka Bill also goes further than the earlier law by prohibiting the slaughter of she-buffaloes, their calves, bulls and male and female buffaloes. On the other hand, the existing Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 stipulates conditions for killing calves (including those of female buffaloes) and cows. Only buffaloes, bulls and bullocks that are 12 years old or more, or not fit for breeding or milking, are permitted to be slaughtered under the 1964 law.

In the long and ever simmering debate on cow slaughter and beef eating, the lines have always been drawn between the religious minorities, dalits and lower caste Hindus on one side and the (mostly, though not always) upper caste Hindus on the other. History has been repeatedly roped in to prove either side’s contention. Historians like R S Sharma and D N Jha have thrown the weight of their research in support of those who say that beef eating was routine in the Vedic period. It was the later and growing nod to caste consciousness that termed meat eating, particularly beef eating, as unclean.

States like Gujarat, Karnataka, Jharkhand and Himachal Pradesh already have laws against cow slaughter, while Orissa and Andhra Pradesh permit the killing of cattle other than cows if the animals are not fit for any other purpose. There are minimal restrictions in other states and none in West Bengal and Kerala. While the right wing and Hindutva parties make no bones about their assertion that a total ban on cow slaughter is their aim, the Congress too has time and again played the cow protection card especially in the north. Yet in Karnataka, the non-BJP opposition has come out strongly against the new bill on cow slaughter even though this is an issue that most political parties prefer to shy away from. Above all, what the changes in the law in BJP-ruled states like MP and Karnataka bring out is the BJP governments’ lack of concern for anyone who does not endorse the party’s set of beliefs. By criminalising people’s choice in something as personal as what they choose to eat, these governments are demonstrating their total lack of respect for diversity and their cavalier disregard of rights guaranteed to everyone, including the minorities, in a democratic system such as the one that prevails in India.

http://epw.in/epw/uploads/articles/16992.pdf

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Aadhaar: time to disown the idea – By R. Ramakumar (Dec 16, 2011, The Hindu)

“…The Committee categorically convey their unacceptability of the National Identification Authority of India Bill, 2010…The Committee would, thus, urge the Government to reconsider and review the UID scheme.…” This was the conclusion of Parliament’s Standing Committee on Finance (SCoF), which examined the Bill to convert the Unique Identification Authority of India (UIDAI) into a statutory authority. With this categorical rebuff, the SCoF dealt a body blow to the Aadhaar project, which is being implemented from September 2010 without Parliament’s approval. Technically speaking, the SCoF report asked the government to bring forth fresh legislation before Parliament. However, a careful examination of the report shows that it does not just reject the Bill, it also raises serious questions about the idea of Aadhaar itself. In fact, the report so comprehensively questions the idea that any effort to introduce fresh legislation would require, as a prerequisite, a re-look at the foundational principles on which the project was conceived. There are broadly five important arguments in the SCoF report. First, it contains scathing criticism of the government for beginning Aadhaar enrolment without Parliament’s approval for the Bill. Currently, UIDAI enjoys only executive authority, and no statutory authority. The justification that the government presented before the SCoF was as follows: the powers of the executive are co-extensive with the legislative powers of the government, and this allows the government to exercise executive powers in spheres not regulated by legislation. The government also cited the Attorney-General’s advice, which noted that “executive power operates independently” of Parliament and that “there is nothing in law that prevents the [UIDAI] from functioning under the Executive Authorisation.” The SoF rejects this position, and states that the government’s legal justification “does not satisfy the Committee.” The legal position upheld by the SCoF is that co-extensiveness of powers does not permit the executive to do what it pleases; when constitutional rights and protections are potentially violated, the powers of the executive remain circumscribed by those of the legislature.

Secondly, the SCoF raises serious questions about the enrolment process followed for Aadhaar numbers. The issue of Aadhaar numbers “is riddled with serious lacunae,” and this problem can be traced to conceptualisation “with no clarity of purpose” and implementation in “a directionless way with a lot of confusion.” For instance, the Ministry of Finance felt that there was “lack of coordination” across the six agencies collecting personal information, leading to “duplication of efforts and expenditure.” The Ministry of Home raised “serious security concerns” over the introducer model used to enrol persons without any proof of residence. The report concludes that the enrolment process “compromises the security and confidentiality of information of Aadhaar number holders,” and has “far reaching consequences for national security.” The reason: “the possibility of possession of Aadhaar numbers by illegal residents through false affidavits/introducer system.” Thirdly, the SCoF comes down heavily on the government for proceeding with the project without “enactment of a national data protection law,” which is a “pre-requisite for any law that deals with large-scale collection of information from individuals and its linkages across separate databases.”

In its submission to the SCoF, the government had taken a dismissive view of the right to privacy of individuals. It noted that “collection of information without a privacy law in place does not violate the right to privacy of the individual.” The SCoF rejects this view, and notes that in the absence of legislation for data protection, “it would be difficult to deal with the issues like access and misuse of personal information, surveillance, profiling, linking and matching of databases and securing confidentiality of information.” Fourthly, the report strongly disapproves of “the hasty manner” in which the project was cleared. It concludes that a “comprehensive feasibility study…ought to have been done before approving such an expensive scheme.” This conclusion follows the government’s admission to the SCoF that “no committee has been constituted to study the financial implications of the UID scheme,” and that “comparative costs of the Aadhaar number and various existing ID documents are also not available.” The total cost of the Aadhaar project would run into multiples of ten thousand crore of rupees. For just Phase 1 and 2, where 10 crore residents were to be enrolled, the allocation was Rs. 3,170 crore. For Phase 3, where another 10 crore residents are to be enrolled, the allocation is Rs. 8,861 crore. In a rough extrapolation, for 120 crore residents the total cost would then be over Rs. 72,000 crore. Is the Comptroller and Auditor General listening?

Fifthly, the report tears apart the faith placed on biometrics to prove the unique identity of individuals. It notes that “the scheme is full of uncertainty in technology” and is built upon “untested, unreliable technology.” It criticises the UIDAI for disregarding (a) the warnings of its Biometrics Standards Committee about high error rates in fingerprint collection; (b) the inability of Proof of Concept studies to promise low error rates when 1.2 billion persons are enrolled; and (c) the reservations within the government on “the necessity of collection of IRIS image.” The report concludes that, given the limitations of biometrics, “it is unlikely that the proposed objectives of the UID scheme could be achieved.” The SCoF report cites the experience from the United Kingdom, where a similar ID scheme was shelved. It dismisses the government’s contention that “comparison between developed countries…versus India…is not a reasonable one.” It states that “there are lessons from the global experience to be learnt,” which the government has “ignored completely.” It cites issues of cost overruns, fallacies of technology and risks to the safety of citizens, and notes: “as these findings are very much relevant and applicable to the UID scheme, they should have been seriously considered.” The SCoF report has invited sharp reactions from the business press and pro-business lobbies. One report argued that, after the Foreign Direct Investment-in-retail fiasco, it is “another Indian reform massacre;” for another, it is a “setback to the government’s attempts to revive faltering economic reforms;” and for yet another, the title was “UPA reforms agenda hit again.”

These predictable reactions only reaffirm the widely held belief that Aadhaar is an integral component of the neo-liberal reform programme of UPA-2. In fact, the SCoF deserves praise for standing up to pressure from powerful quarters, and not allowing the moment to be hijacked by vested interests. Ironically, till last week, the same SCoF had come in for profuse praise from none other than Nandan Nilekani himself. He had said in August 2011: “I have had the occasion to…make a presentation on more than one occasion to the Standing Committee…let me tell you they do an extraordinarily thorough job. I am very, very impressed with the quality of questions, the homework, the due diligence, the seriousness that they view these things with. And it is very bipartisan, you can’t make out who is from which party because they all ask on the issue. So when you have such an excellent system of law-making…Let us respect that, let us give them the opportunity to call all the experts for and against and let them come out with something. They are the appropriate people, they are our representatives.” The “representatives” have now spoken. For the government, the most dignified way ahead is to pay heed to the SCoF’s views and suspend the Aadhaar project immediately. Each conclusion in the report should be discussed threadbare in the public domain. Biometrics should be withdrawn from government projects as a proof of identity. Alternative, and cheaper, measures to provide people with valid identity proofs should be explored. However, it would be a travesty of democratic principles if the government disregards the SCoF report and pushes the project in through the backdoor.

http://www.thehindu.com/opinion/lead/article2717949.ece

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Quota alone cannot rid Muslims of their woes – By Aditya Menon (Jan 4, 2012, India Today)

The Mandalisation of Uttar Pradesh politics appears to have come full circle, with the Congress attempting to use quotas to undercut the original beneficiaries of reservation based politics. The introduction of sub-quotas within the 27 per cent reservation for Other Backward Classes (OBCs), particularly the inclusion of backward sections among religious minorities, appears to be the grand old party’s trump card in the forthcoming assembly elections in Uttar Pradesh. On Sunday, Sriprakash Jaiswal, Union Coal minister and three time MP from Kanpur, provided further evidence of the Congress’s attempts at beating OBC chieftains Mulayam Singh Yadav and Lalu Prasad Yadav at their own game. He said that the 4.5 per cent subquota that the Union Cabinet had cleared last month might be increased in accordance with the figures of the caste census, an exercise that the government reluctantly undertook in 2011 after being pressured by the two Yadav leaders. Jaiswal’s statement follows closely on the heels of the Congress rally in Saharanpur during which the two General Secretaries who are spearheading the party’s campaign in UP – Rahul Gandhi and Digvijaya Singh – promised the minorities six to eight per cent reservation in government jobs.

These could well be attempts at damage control as many Muslims considered the 4.5 per cent quota as too little, too late. The main problem here would appear to be the lack of sincerity on the part of the Congress. The party was being too clever by half by extending the paltry quota to all the religious minorities – clearly an attempt at wooing the backward sections among the Sikhs in poll-bound Punjab, in addition to Uttar Pradesh’s Muslims. This was completely unnecessary, as the lack of adequate representation in government jobs and educational institutions is a problem specific to the Muslim community and not other religious minorities like Sikhs, Christians, Jains or Parsis. The government should have ideally addressed the needs of the Muslim community through the Equal Opportunities Commission that the Sachar committee report had recommended. The report, which has become a key aspect of the political discourse in the Muslim community across the country, had recommended the setting up of such a body that would look into complaints of bias or the denial of equal opportunities to any deprived community, on the lines of the UK Race Relations Act, 1976. The consistent thrust of the committee was to suggest policies that provide redress to the Muslim community, within the framework of fighting backwardness in general. This effort at ‘mainstreaming’, however, is at odds with the dictates of vote bank politics, which naturally lead to quotas. Even if one were to accept that the government is sincere in helping Muslims, and that it would somehow prevent the 4.5 per cent seats being gobbled up by people from other religious minorities, the move will address the community’s backwardness only partially. The impact of reservation in government jobs and public-funded institutes of higher education would be limited for the simple reason that the bottleneck lies much lower.

Only 17 per cent of Muslims above the age of 17 have completed their matriculation, indicating an alarmingly high school dropout rate in the community. One in every four Muslims between six and 14 years of age has either never attended school or has dropped out – the highest percentage among all the socioreligious communities (SRCs) in the country. The Sachar report clearly states that school education is the main hurdle for Muslims. The report adds that once that is crossed, a Muslim is almost as likely as any other to complete his or her graduation. There are several other aspects to Muslim deprivation that a quota cannot address. For instance, the access to credit is substantially less when compared to other SRCs. The share of Muslims in the total outstanding amount in banks is a paltry 4.7 per cent, indicating a lesser share in the loans sanctioned. Compare this with the exceptionally high 6.5 per cent for other minorities, who are less than half of the Muslims’ share of population. If this doesn’t provide enough reason for the government to separate the Muslims from other religious minorities then it must examine the success of some of the other minority-based schemes. The Sachar report reveals that it is the non- Muslim minorities that have benefited out of the Reserve Bank of India’s efforts to extend banking and credit facilities for religious minorities in accordance with the Prime Minister’s 15 point programme, while the Muslims have been marginalised.

In Uttar Pradesh for instance, the average priority sector advances per account is about Rs.30,000 for Muslims, a little over half of the figure for other minorities. These are matters that cannot be resolved by quotas, but a body that addresses lack of opportunities for Muslims and possibly even cases of bias against them – something precisely like an equal opportunities commission. While it is important to understand that reservations are not a panacea for all the woes of a community, the reality of Indian politics is that they have been the preferred method of addressing social and economic inequalities. Therefore, the introduction of sub-quotas is justified and in fact desirable. This is particularly relevant in UP where the lion’s share of the OBC quota is grabbed by caste groups like Yadavs, Kurmis and Lodhs who are forward among the backwards. Some of the indicators of even general category Muslims are lower than that of Hindu OBCs, so there is absolutely no reason why the backward among Muslims should remain deprived of a sub-quota.

The Congress must take this process a step further by honouring its promise of a subquota for Most Backward Castes within the OBC quota, in line with the formula of former Bihar chief minister Karpoori Thakur. Like the Muslims, the MBCs are a large socio-political group in Uttar Pradesh that is yet to express open support for any one political party. The recent expulsion of MBC leader Babu Singh Kushwaha from the Bahujan Samaj Party is an indicator of the erosion of the ruling party’s MBC base. The effective use of this formula by Bihar’s present incumbent Nitish Kumar is a model worth emulating for the Congress which is seeking to turn around its fortunes in the state. Nitish has even created a Mahadalit category to isolate the relatively elite Passi Dalits from the rest. This could easily be used against the Jatavs in UP, who are the caste of chief minister Mayawati and have gained most out of the reservation for Scheduled Castes. The Karpoori formula might be an even better option as it also accounted for the poor among Upper Castes. If Mandalisation is a reality, then quotas ought to be structured in such a way that they benefit those who truly need them.

http://indiatoday.intoday.in/story/sub-quotas-system-uttar-pradesh-polls-congress-party/1/167096.html

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IAMC Weekly News Roundup – December 12th, 2011

December 12, 2011

In this issue of IAMC News Roundup News Headlines Need directions for affidavit on Modi’s role: Bhatt Investigator of Sohrabuddin, Prajapati killing cases now gets Ishrat encounter Jaipur serial blasts: 14 alleged SIMI activists acquitted Punish those who demolished Babri Masjid: Rajasthan Muslim Forum Pragya fails to appear in court yet again High Court notice [...]

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IAMC Weekly News Roundup – November 28th, 2011

November 28, 2011

In this issue of IAMC News Roundup Communal Harmony Quran with Bhagavad Gita in a communal harmony class News Headlines Nanavati panel reluctant to expose Modi, says Mallika Sarabhai Examine Narendra Modi’s role in fake encounter: Ishrat’s kin 21 cops involved in Ishrat encounter Jamia teachers welcome SIT report on Ishrat; demand fair probe into [...]

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IAMC Weekly News Roundup – November 21st, 2011

November 21, 2011

In this issue of IAMC News Roundup Communal Harmony Measure in place to observe communal harmony week News Headlines Hindu radicals disguised as Muslims planted Malegaon bombs? Justice is yet to be fully delivered in the post-Godhra riots Gujarat riots: SIT concealing evidences to protect politicians, say victims There’s threat to life, but it’s not [...]

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SIT asked to submit final report on Ishrat case by November 18 (Oct 8, 2011, The Hindu)

October 10, 2011

The Gujarat High Court on Friday asked the Special Investigation Team, probing the Ishrat Jahan encounter case, to submit its final report by November 18, and fixed the next hearing for November 21. When the SIT submitted an interim report, a Division Bench of Justices Jayant Patel and Abhilasha Kumari expressed satisfaction over the progress [...]

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IAMC Weekly News Roundup – October 10th, 2011

October 10, 2011

In this issue of IAMC News Roundup News Headlines Cops want to destroy papers in Sanjiv Bhatt’s possession: Teesta Setalvad Bhatt’s arrest: US groups write to Prez, PM; warn to launch global campaign Narendra Modi to blame if Sanjeev Bhatt is harmed: Abhishek Manu Singhvi Gulbarg victims move court to seek direction to SIT to [...]

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