Telangana turmoil: Toying with the judiciary

Lack of faith in elected representatives and administrative machinery has seen people increasingly turning to judiciary to get things done. Well... faith in judiciary is good, but it doesn’t mean its understaffed machinery should be dragged into all matters — the latest row over Telangana statehood being the best example.

A Hyderabad court has directed the police to file a case against Union ministers P Chidambaram and Sushilkumar Shinde for making crucial announcements regarding the formation of Telangana, and subsequently failing to keep them.

The petitioner had moved the court saying the ministers should be booked under Section 420 of the Indian Penal Code (IPC) for “cheating”. Now let us see what the law says.

Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Hello, where does this apply in the context of Telangana?

While one can understand the emotion behind the petition, the rationality of admitting a political policy decision should be considered more carefully. If politicians, whether holding public office or not, are to be booked and punished for not keeping their promises, there would hardly be anyone who can stay out of jail.

Considering the amount of lofty promises that politicians make regarding bringing development, introducing welfare measures, providing good governance and weeding out corruption (ROFL here..), cases against political class alone will be sufficient enough to create a separate wing of judiciary.

Crores of cases are pending in our courts – some of them dragging on for decades. Tens of thousands are languishing in overcrowded jails awaiting trial. Scores of them have spent more time behind bars than what the maximum punishment for their crime would have been.

Despite the crushing workload, curiously, there is always time for trivial cases like complaints against random movie stars for ‘indecent’ performances at stage shows, ‘obscene’ posters and ‘objectionable’ opinions.

One can’t help but wonder if the legal luminaries who drafted our laws did not have the foresight to include separate laws to protect the moral fabric of the society. May be, in the ongoing process of legal reforms, we should introduce laws on soul too!

A wise man once said “there is nothing permanent except change”. In realpolitik, policies and decisions keep changing to adapt with changing circumstances. This evolution is inevitable in the course of decision-making and progress.

If change of stance is a criminal offence, there would be no scope for the politics of alliances in India. When a party switches its support, it is never done with the approval of every single member and those who voted for it — therefore it would amount to fraud.

The legal system is in place to address grievances and provide justice. When it is abused for publicity and other vested interests, it is this original purpose which is being defeated. And we don’t need that... Do we?

(This article was published as the editorial column in Postnoon on January 30, 2013.)

Let’s pitch in to keep the City of Pearls shining

The saying ‘All good things must come to an end’ appears to be proving true in the case of Hyderabad. The capital of a resource-rich state has become the hub for the dark side of human nature.
The economy is in doldrums; the government in paralysis; and the judiciary — the last hope for the public — has fallen prey to corruption: dark clouds of despair cover our skies.
The latest wave of Telangana agitation — that began in 2009 yet inconclusive in realising its objective — has resulted in scaring away investors from the state. The beating that the infrastructure took and the crores spent in maintaining law and order have added to the State’s woes.
Last year’s 45-day general strike (Sakala Janula Samme) caused losses of thousands of crores, disrupted academic calendar and dampened the spirit of the people. Maintenance of infrastructure is not rocket science but basic planning with common sense.
Considering the chaos the City is going through since the start of the monsoons, one realises little headway has been made there. While civic agencies contend all is well, water-logged roads and traffic gridlocks that last for hours tell a different story.
Under attack on different fronts, the Kiran Kumar Reddy government has been spending all its energy on the bypolls to demonstrate to the powers that be in Delhi that the CM is on top of the affairs of the state. He definitely is on top, but has little ground under his feet. If there is anything that is in plenty in the State it is scams.
There is not a single sphere of administration that is free from corruption at the highest levels and in massive scale. The recent multi-crore cash-for-bail incident has thrown light on how legal ‘technicalities’ emerge that allow the rich and connected to stay out of jail.
The otherwise lengthy court proceedings, that condemn people as under-trials for periods several times the maximum possible sentence, are tweaked to suit the convenience of these VIPs.
Not only is our tax money looted, but we end up financing financing the looters’ ‘special class’ facilities in jail also! With a minister in jail and several others on the verge of joining him, one can’t help but remember a headline this paper carried a few months back — ‘Next Cabinet meeting in Chanchalguda’.
The agency that ensures the safety of lives and property of the public, the police, is in total disarray. With the DGP’s appointment set aside by the Central Administrative Tribunal and another top official on the run, the idea of going to the cops sounds like a joke.
However, one can’t blame all the woes of Hyderabad on men in khadar, khaki, and black and white. The blatant violation of every rule, disregard for fellow denizens that one sees in every sphere of life is the cement that holds the bricks laid by the big boys.
When caste and community loyalties, and irrational sentiments handout massive victories to parties that are neck-deep in corruption and disruptive activities, one can’t just blame the system. We are responsible in creating the monsters that exploit, humiliate and terrorise us. The first step to solving a problem is admitting that one exists.
Whether it is for a day or a five-year term, the government must carry out its primary duty — governance. The CM must quell crippling dissidence and take his colleagues on board to ensure that the numerous welfare schemes reach the beneficiaries.
The State capital, which is set to hold an international conclave on biodiversity in a few months, is in need of a facelift. The work of civic agencies should be coordinated better to avoid hassles to public and wastage of money. The denizens too should pitch in by following rules and procedures so that the City of Pearls doesn’t lose its sheen.
(This article was published as the editorial column in Postnoon on June 20, 2012)

Think twice before you pull that trigger

When 75-year-old Sriramulu Patel was woken by the incessant barking of his dog, he knew something was amiss. The septuagenarian took his licenced revolver and went to check the source of disturbance. Barely did he open the door, a man tried to push past him into the house.
Patel fired twice and the intruder collapsed on the floor. After dragging him inside, Patel called the police.
The burglar survived the gunshot wounds and was taken into custody after being discharged from hospital. He was booked under Section 457 and 511 of the Indian Penal Code for ‘trespassing with the intention of committing a crime’.
So far, the police have refrained from filing charges against Patel as their preliminary investigation revealed that the act was in self-defence.
However, legal luminaries beg to differ. M Ranga Reddy and Justice Iyaapu Panduranga Rao, former High Court judges opine that Patel should be charged under relevant sections of the IPC. They are of the opinion that it should be the courts, which should judge Patel’s actions and no the police.
The whole episode calls our attention to the injury or death caused while exercising the right to self-defence. The Constitution provides us with the right to life. Naturally we have the right to defend it when someone threatens it.
When the threat materialises in the form of a physical confrontation, it is only natural that resistance to it will result in use of force — injury or death of assailant is always a possibility.
The question is; where do you draw the line between a desperate action to survive and intentional attempt to murder? Burglars or assailants don’t give notice before they strike. Under usual circumstances, the civilian gun-wielder has only a few seconds to react before pulling the trigger.
Therefore, following the legal procedure, of shouting out a warning followed by firing in the air and then, as a last resort, firing below the knees, is practically impossible.
One also has to take into consideration that the assailant/burglar is likely to be a hardened criminal with no qualms to kill you. He is likely to be better than you in close-quarters combat and use of knives/firearms — the worst part is that there is no way you can know.
Since most such incidents occur at night when visibility levels are low, judging the level of threat posed by the assailant becomes even trickier. The only option before the victim of an attack is to target the attacker with the intent to cause maximum damage.
All rules, though created with the best of intentions, can be bent and the laws providing for the right to self-defence are no exception to this.
Ours is a country (in)famous for ‘staged encounters’. Every year there are more exposes of the police, armed forces and intelligence agencies faking circumstantial evidence for illegal executions.
If those killing in self-defence are allowed to walk free even without the botheration of registering a case, it is only a matter of time before the rich and the well-connected start fabricating circumstantial evidence and bumping off their opponents.
Due course of law must be followed when injury or death is caused by an act of self-defence. Instead of taking the incident at face value, the investigative agencies must conduct an objective and thorough probe. Then it should be left to the courts to consider the merit of the case and arrive at a decision.

(This article was published as the editorial column in Postnoon on March 7, 2012)

Freedom from fear forever… really?

Sounds familiar, seen it somewhere? Yes, it’s the motto of the Hyderabad police.
The newspaper photographs and television news clips of senior police officers launching awareness and crime control schemes come to my mind. Let me tell you the story of my brief late night ‘encounter’ with the guardians of the City.
That day the movie got over at 11pm and my forage in the kitchen and the fridge to pacify my growling tummy yielded nothing. I roped in my bachelor neighbour to try our luck and see if some trolley vendor is still serving ‘fast food’.
Halfway we ran into a group of friends returning after a movie and we were soon immersed in our informal review on the sidewalk. Oblivious we were to the lingering suspicious eyes of a two-man bike patrol that slowed to observe us before speeding off.
An approaching police siren broke the silence of the night air and our conversation. “The cops are rushing to help someone in distress…” my friend contributed with his educated guess.
Even before he could finish his sentence a patrol jeep comes around the corner and screeches to a halt before us and half-a-dozen men in uniform emerge to form a semi-circle around us.
“What are you doing here? Don’t you *^&#* know it’s forbidden to venture out after 11pm?” thunders their leader.
After a few moments of petrified silence my friend musters courage to ask what wrong we have done to deserve such harsh treatment.
Bleep bleep… Another generous dose of Hyderabadi gaali that would shame the filth in Musi followed.
I offered my enlightened awareness of the rights of a citizen and asked them which law prohibited us from walking the streets at odd hours.
Immediately a firm hand fell on my shoulder and the cop pulled me towards their vehicle. “Why don’t we head to the thaana, where I can explain your rights to you in OUR style?” suggested the policeman, flashing a wicked smile as he exchanged glances with his colleagues. They nodded in agreement.
Sensing trouble, another friend offered an apology for our ‘ignorant and rude’ behavior and ‘admitted’ we shouldn’t have been out on the streets at this time and pleaded with them to let us go.
The cops muttered something to each other and told us to get out of sight and off the streets before they change their mind.
We scampered to the safety of our homes, still sweating from the ordeal but happy that we could decline the invitation to the thaana.
Every youngster in Hyderabad has a similar tale to narrate — tales of getting verbally or/and physically abused by the police.
If people have to stay off the streets at night to make them safe, what are cops for?
The action of enforcing an illegal and arbitrary ban on venturing out at night speaks volumes about incompetence of the Force in identifying and eliminating criminals.
We pay taxes that go into the upkeep of the law enforcement machinery so that we don’t have to fear to walk on the streets even at the dead of the night. It’s an irony that the same agency that is supposed to ensure that freedom to us ends up denying it.
Freedom from fear forever… Yeah right… tell me about it!