Reforming the Cockatoo Bureau of Investigation, aka CBI

Of all the acronyms that Indian public associate with investigation, CBI (Central Bureau of Investigation) is the most common. However, if its functioning is anything to go by, the motto ‘Industry, Impartiality, Integrity’ would be one of the longest-running jokes in the history of the country.

Over the decades, the agency that was originally established to tackle corruption and serious crimes meriting attention of the Central government has been turned into a tool of political coercion and vendetta. Any political leader, business house and organisation that fell foul of the ruling establishment have learned this the hard way.

Once the era of coalitions began at the Centre, the CBI has been used extensively for arm-twisting allies and opponents. There is hardly any major party that has not borne the brunt of this. One day you find the CBI filing cases, chargesheets and talking about ‘clinching evidence’ against a political leader, but once he/she yields to the demands of the Centre the process reverts to snail’s pace.

The investigative agency’s diligent efforts played a crucial role in the success of the ‘carrot and stick’ policy that has made Lalu Prasad Yadav of RJD, Mayawati of BSP, Jayalalithaa of AIADMK and Mulayam Singh Yadav of the SP die-hard supporters of the Congress-led government at the Centre.

“It’s not easy to fight with the government. It has a thousand hands and can use the CBI and put one in jail,” said Mulayam recently. A disproportionate assets case against him and his son has been under investigation by the CBI since 2007 — and he has been a loyal UPA fan ever since.

The exemption to the CBI from the Right to Information (RTI) Act has made it virtually impossible for any independent verification of the legality in its manner of functioning.

Angered by the CBI allowing the PMO and law ministry to make changes to its investigation report on the infamous ‘Coalgate’ scam, the Supreme Court admonished the country’s premier investigating agency for acting shamelessly as a ‘caged parrot’ that repeats after its master — the Central government.

At least two former CBI directors have conceded in interviews that the agency was subject to political influence. Former CBI chief Joginder Singh has gone on the record to say that he was forced out after refusing to be the government’s stick in the Fodder Scam. And the current chief Ranjit Sinha, too, has admitted that autonomy does not exist for the agency.

Embarrassed by the stinging observations of the Supreme Court, the government has formed a group of ministers (GoM) to draft a law to free the caged parrot. One can’t help but be cynical considering the huge number of GoMs and EGoMs and their dismal record of delivering the goods.

An investigating agency that can function independent of political control is the need of the hour.

Unless the Aegean Stables of the CBI is not cleansed of the political filth accumulated over the decades, there is no hope for this country.

(This article was published as the editorial column in Postnoon on May 15, 2013.)

Cowering kitty, roaring dragon

The ghosts of 1962 are back. With China’s People’s Liberation Army entering and digging in almost 20 km inside Indian territory, our reaction shows that not much has changed despite in 50 years despite our tall claims of packing enough deterrent military punch.

If then it was a myopic Jawaharlal Nehru with his utopian ‘Hindi-Chini Bhai-Bhai’ trust in the aggressively expanding giant neighbour, now it is another statesman prime minister, Manmohan Singh, and his team who have been caught off guard by the Chinese military manoeuvre.

At the time of India’s second round of nuclear tests, the then defence minister George Fernandes had rather undiplomatically, but candidly, said that the nukes were aimed at the country’s most dangerous enemy — China.

With the establishment touting India’s nuclear arsenal and long range missiles, the public may feel the country has enough capability to stop any Chinese adventurism. However, even a quick scan of last decade’s news reports on military preparedness would show that such an impression is merely an illusion.

The armed forces are woefully short of officers and low on morale due to unending line of massive corruption cases involving top level officers. The army is under-equipped and lacks modern artillery pieces and equipment for high-altitude warfare. If former army chief VK Singh’s letter to the government is anything to go by, there isn’t enough ammunition to fight a war.

The navy too doesn’t fare much better. Half of its ageing submarine fleet is always under repair and the relic of an aircraft carrier is virtually kept afloat by faith — on rare occasions when it hits the blue waters between ‘refurbishments, upgrades, repairs and improvements'.

Though Su-30 MKIs and Jaguars add some punch to the air force, lack of infrastructure and adequately protected bases near the border reduce them to defensive roles. The Chinese side is well connected by high-quality road networks, and their air-defence capabilities are nearly impenetrable to the rest of the fleet.

So, with military action guaranteed to deliver another round of humiliation, India is at an unenviable position where it will have to lap up whatever breadcrumbs the Chinese will throw at it and walk away.

What is deplorable is that successive governments and military bosses have dragged their feet on achieving minimum deterrence capability and 50 years after the humiliation of 1962, we are pretty much in the same position.

The reactions of our government are palpably weak-willed, divided and confused — and it is obvious to any keen observer that it is dealing from a position of weakness and hoping for a face-saver rather than problem-solver.

In China, a new leadership has taken over. They would use this crisis to improve their domestic standing and to curry favour with the military. This incursion tactic is also a not-so-subtle message to India that its newfound bonhomie with China’s ‘hostile’ neighbours such as Vietnam, South Korea, Philippines and Japan, and of course, the United States, will have serious repercussions.

Tiger can take on the dragon. However, what we have now is a kitten, whose feeding bowl says ‘Tiger’. Tough luck boys, try better next time.

(This article was published as the editorial column in Postnoon on May 1, 2013.)

Sexual predators have our support — mindsets matter

The Lok Sabha has given its approval to the Criminal Law (Amendment) Bill, 2013 that prescribes stringent punishment to sex offenders; however, the voices of prominent parliamentarians show how the mindsets have hardly changed.

JD(U) leader Sharad Yadav’s ‘humorous’ reminder, “Who among us have not followed girls,” may have evoked peels of laughter in the House, but there is nothing funny about it. Even while passing a law to protect women, he has indirectly supported stalking.

I am sure thousands of women across the country who are stalked do not agree with the JD(U) leader. There are frequent reports of stalkers attacking women for spurning their advances or refusing proposals of marriage. May be the likes of Sharad Yadav should see the faces of those women disfigured in acid attacks by jilted Romeos before coming up with these funny one-liners.

Samajwadi Party chief Mulayam Singh Yadav was also equally worried about the law being misused or abused to settle personal scores. He also fears that co-education will have to be abolished to protect boys from legal trouble. SP parliamentarian Shailendra Kumar expressed his worries about the provocative dressing of female actors in television serials and movies.

For all the thunder over the ‘controversial’ law, hardly one-third of the members were present in the House.

If these satraps think that the good old way of life should continue, they are also supporting institutions like khap panchayats that order physical and sexual abuse of women as modes of punishment. The recent incident of Punjab cops thrashing a woman who approached them to complain about eve-teasers speaks volumes about what is ailing our system.

Every time there is a sexual assault, cops, politicians and ‘spiritual leaders’ don’t waste time in blaming the victim. How can there be any hope for women of this country when those in charge of creating and maintaining the machinery that is supposed to protect have a mindset that approves and justifies the actions of the perpetrators of sexual violence?

In this great land (Bharat included), assault on women start from the foetal stage itself. If she survives sex determination and selective abortion centres, she enters a world where predators don’t differentiate between children and adults. Throughout her life she is forced to restrict her freedoms for fear of sexual assaults. With every incident of reported sexual violence, her movements are further restricted and this, in turn, curtails her opportunities and makes her more dependent on the patriarchal male (father/brother/husband/son).

No matter how many laws we make, unless we are willing to change our mindset about the inalienable rights of our women, they will never fulfil their objectives.

(This article was published as the editorial column in Postnoon on March 20, 2013.)

We can’t bank on their honesty

The CobraPost expose of open money laundering done by three top private sector banks (ICICI, HDFC and Axis Bank) has caught everyone off guard. The finance minister immediately came out with a statement that two of the three bosses have ‘assured’ him that their organisations weren’t running any such operation.

May be the nation should believe him and stomach the assurances on faith. However, anyone with the most miniscule of common sense would know that so many executives won’t go on maverick missions without clearance from their bosses. The extent of knowledge and expertise that has gone into creating these ‘schemes’ for money laundering show that these aren’t overnight developments.

Years of planning and organisation have gone into it. Next time those private bank bosses flaunt their success statistics we know where the ‘critical inputs’ come from. This is a wake-up call for the government, banking sector regulators, law enforcement agencies and the nation.

Pak bad, Uddhav good for Ajmer Shrine Diwan?

As a reward to his ‘patriotic’ boycott of visiting Pakistan Prime Minister Raja Pervez Ashraf, a Shiv Sena delegation honoured Ajmer Dargah diwan Zainul Abedin Ali Khan. After receiving a sword and a shawl as token of respect, the holy man reportedly spoke to Uddhav Thackeray on phone and invited him to the Dargah.

What puzzles me is that someone who claimed moral high ground to protest a single atrocity of Pakistan has no qualms in hobnobbing with a right-wing outfit that has used hatred and violence throughout its growth. Wonder what migrants from his state who were beaten up by Shiv Sena, and later MNS, goons for hurting job prospects of Marathi manoos.

Uddhav-Diwan bonhomie brings up some disturbing examples of politics of religion.

It is an open secret that several human gods and goddesses and their ‘charitable’ business are the biggest centres of money laundering. There have been several incidents of powerful godmen, who ran their empires for decades with total impunity from laws of the land, suddenly becoming targets for criminal investigations when they fall out with their political benefactors.

People who issues fatwas at the drop of a hat and instigate mobs to burn vehicles for insult to their religion in the US maintain deafening silence of barbaric social evils prevalent in the community under the guise of personal law — abuse of women being the most prominent. However, they find friends in politicians of all hues who endorse their ‘leadership’ in return for en masse votes.

Then there are the self-proclaimed ‘super patriots’ who will drive master artists to exile for insulting gods by making their nude paintings. No... they are not aware of thousands of sculptures that have been in existence for centuries that show gods in the nude. Their splinter organisations disrupt fashion shows for denigrating women by parading them in skimpy clothes. However, when it comes to dealing with sexual violence against women, they go into denial mode. 

Oops... my bad. The RSS chief Mohan Bhagwat did say rapes occur in the country. Rapes take place in India and not in Bharat, the saffron knight said. May be the rapes that take place in villages are part of an ISI conspiracy.

Our leaders were ‘shocked and outraged’ when Yasin Malik shared dais with Hafiz Sayeed in Pakistan, but why is there no similar anger or reaction when Sikh terrorists are conferred honours and declared martyrs by top religious bodies. Beant Singh’s killers have been on the death row for ever now but we don’t see any hurried hush-hush hanging.

To conclude let’s go to, ironically, God’s Own Country. A prominent Christian denomination’s top leader couldn’t stop speaking out in support of PJ Kurien, who is in the eye of a storm over the latest revelations by the Suryanelli rape case victim. There were also media reports of the victim’s church asking the family to stop coming to the church. Kerala’s swearing-by-god Congress and swearing-by-Marx CPI(M) try to outdo each other in pleasing religious leaders to secure vote banks.

We might call ourselves secular and democratic in the Constitution’s preamble. However, the toxic cocktail of politics and religion has reduced adherence to its principles to mere lip service, and we stand failed as a nation.

(This article was published as the editorial column in Postnoon on March 13, 2013.)

AFSPA: Sharmila’s chains shackle our conscience

What happens when the State, that is duty-bound to provide justice to its people, turns oppressor? None would know better than Manipur’s Irom Chanu Sharmila who has been on a fast for the last 12 years demanding repeal of Armed Forces Special Powers Act (AFSPA) that provides unfettered power for the military in “disturbed areas”.

Irom Sharmila is not the first person in the country to go on an indefinite fast for a cause. While the country was outraged by a two-week fast by Anna Hazare, the silent battle of this lionheart has barely found any comparable reactions.

In addition to the virtual house arrest, crippling restrictions, intrusive monitoring and forced nasal feeding, Sharmila is forced to go through the charade of “annual booking” under IPC Section 309 — for attempting to commit suicide.

While appearing before a Delhi Court, where charges under this section have been framed against her, Sharmila said, “I do not want to commit suicide. Mine is only a non-violent protest. It is my demand to live as a human being.” Now, is that too much for an Indian citizen to ask for?

In 2004, Prime Minister Manmohan Singh said the Centre would “sympathetically consider” arguments against AFSPA and appointed a committee headed by Justice Jeevan Reddy to submit a report on feasibility of replacing it by a “more humane Act.” The panel submitted its report in mid-2005 — one guesses that even after eight years the proposals are being ‘sympathetically considered’.

The military is vociferous in its defence of AFSPA, saying that lack of immunity from prosecution will blunt its operational edge in battling militancy. According to provisions of AFSPA, military personnel cannot be prosecuted for their actions in a disturbed area that requires implementation of AFSPA. The Central government, which takes a call on declaring an area requiring operation of AFSPA, cannot be challenged on its judgement in a court of law.

However, it is opposed by civil society organisations and human rights groups as it is allegedly abused for torture, ‘disappearances’ and fake ‘encounter’ killings. Literally every international organisation that is working in the area of human rights, including the United Nations, have criticised the AFSPA and has called for its removal.

In March 2012, UN Special Rapporteur Cristof Heyns, after a 12-day fact-finding mission in the disturbed areas, concluded that ASPA is a symbol of excessive state power and “has no role to play in a democracy”. Here, it would be noteworthy to mention that India has NOT ratified the UN Convention Against Torture and the International Convention for the Protection of All persons from Enforced Disappearance.

There is no doubting that military needs special legal provisions/concessions to act effectively against militancy/terrorism, but these should come along with safeguards that provide credible accountability.

Numerous examples in history illustrate clearly that alienation of local population never helped any military campaign. The security forces should be trained not only in tactics but also in sensitivity. Those who abuse their immunity should be severely punished via internal disciplinary procedures. Unless faith of people is restored through effective and meaningful measures, AFSPA will continue to be a fountainhead for militancy and a blot on our commitment to enforcement of universal human rights.

Irom Sharmila can be shackled, but her ideas can’t be. Let not shrill calls of jingoism drown out the screams of our own.

(This article was published as the editorial column in Postnoon on March 6, 2013.)

Sethusamudram Project: Reason should reign over religion

The proposed Sethusamudram project is back in the eye of the storm after its opponents have gone ballistic in their objection, with the issue rocking the Parliament.

The BJP is leading the charge on behalf of various Hindu groups who claim that the submerged land formation is what’s left of the bridge built under the supervision of Lord Ram to facilitate his invasion of Lanka. The saffron brigade is stubborn in its stand that damage to the ‘holy’ bridge is unacceptable, and their credo has backers in legal luminaries like Subramanian Swami — who are capable of keeping the project tangled in judicial knots forever.

The project faces stiff opposition from local fishing community, who say the present alignment would destroy marine life and corals. There are also concerns raised by some experts about creating an artificial breach in a natural barrier capable of buffering tsunami waves, thereby preventing extensive damage to the entire southern coast.

A government-appointed committee headed by Rajendra K Pachauri recently released its report terming the proposed project unviable from ecological and economic aspects — but the Centre has decided to reject it and go ahead.

Some say Sethusamudram Canal will provide India with the benefits akin to those provided by Panama Canal or Suez Canal — though the reality is that neither the distance reduced, amount of traffic, nor time saved is anywhere in that scale. It must also be noted that the 12 metre-deep channel cannot be used by ships above 30,000 tonnes. This would rule out most big container ships, let alone massive crude carriers. And when one considers the massive dredging costs, part of which will be recurring, things look less promising.

However, some are of the opinion that the advantage of reduced distance is dwarfed by strategic concerns. It would ensure better security for cargo and more effective monitoring by security agencies. The added benefit would be that smaller ports in Kerala and Tamil Nadu will see more business, and in turn, revenues.

In 2007, after filing an affidavit in the Supreme Court, the Archaeological Survey of India (ASI) came under heavy criticism for questioning the authenticity of Ram-built-it-theory. The officials, rather candidly, pointed out that mythology cannot be the basis of government policy. All hell broke loose in the land of the holy cow: the officials were suspended, ‘objectionable’ passages removed and the then law minister HR Bharadwaj smoothened ruffled feathers by accepting the historical and cultural relevance of Ram.

We have the dubious distinction of the highest level of judiciary entertaining cases where God is made a party... such periods in Europe are now known as Dark Ages.

Since we are a nation where people take offence at the drop of the hat, the mythological angle should be left out in the case of Sethusamudram project. Hardly any opinion can be made on any topic under the sun without offending someone or the other. And soon cases will follow for “offending the sentiments” of X community, Y caste, Z interest group and XYZ people who want their 15 minutes of fame by getting their names published in news reports for filing cases.

Allowing development issues to be hijacked by political and communal elements with vested interests would not only create divisions, but also open floodgates of questionable methods to stall anything and everything.

Reason, and not religion, alone should decide public policy.

(This article was published as the editorial column in Postnoon on February 27, 2013.)

Coffins to choppers: No end to scam plague

Even as an Italian investigation is bringing out damning information on the VVIP helicopter deal, the Indian response has been divided. Defence minister and patron saint of clean politics ‘St Antony’ has realised (though a few years late) that “something happened somewhere”, which also threatens the image he has painstakingly built for himself — thereby meriting cancellation of the deal.

However, external affairs minister Salman Khurshid is not keen to “overreact” because it would affect our “defence preparedness”. But the venerable mantri doesn’t elaborate what role helicopters transporting VVIPs are going to contribute to defence preparedness.

Khurshid has stressed that Letters Rogatory, which request a foreign government’s or government institution’s cooperation for an investigation, will allow India to get to the bottom of the alleged scam. However, the charade of investigation into the Bofors scam has amply demonstrated to us how the government can sabotage such processes from within.

Though Khurshid vouches for the capabilities of Augusta Westland helicopters, the claim is difficult to stomach when it has emerged that performance requirements were tweaked to benefit the company.

AK Antony is clean and honest, but has always demonstrated to be spineless when it comes to dealing with filth in his team. His terms as chief minister of Kerala saw some of the biggest scams and criminal activities of party leaders, coalition partners and ministers (of course, all alleged and never proven). Even when a senior Cabinet colleague was under investigation for sexual misconduct (Ice cream Parlour Sex Scandal), Antony would not ask him to stay out of ministry till he is cleared. The minister has been acquitted by all trial courts and the Supreme Court. There are plenty more, but this one is the crown jewel.

The inevitable presence of middlemen and ‘consultant’ companies (where many top military officials find employment after their service) in defence deals is a clear demonstration of the lack of willingness of the government to put national interests first. From coffins to choppers, rations to munitions, those tasked with protecting the country (service personnel, bureaucrats and political leaders) are looting it or facilitating the plunder.

The anger and tirade of the defence minister will play to domestic galleries but need not translate into actions of consequence, especially when the investigations involve other countries. Their judicial process follows due procedure of law and usually does not cater to requirements of “public conscience”.

Unless there is conviction and policy decision that national interests will come first, these investigations will take the usual long and winding road to nowhere, bleed the exchequer and finally peter out.

There was a time when military had a good standing in the public eye, but it is no longer the case. There are stains that need to be removed and creases that have to be smoothened before the uniform can return to its former glory.

(This article was published as the editorial column in Postnoon on February 20, 2013.)

Time to streamline anti-Naxal ops

Two Central ministries, ministry of defence (MoD) and ministry of home affairs (MHA), are engaged in a nasty war of words over an incident involving Indian Air Force personnel during an anti-Maoist operation in Chhattisgarh.

An IAF Mi-17 that was providing logistical support to the police was brought down by Naxal fire. The MHA lashed out at the “cowardice” of the IAF personnel who, reportedly chose to abandon the machine and the wounded man where the chopper landed and flee to the nearest camp. The rescue party and reinforcements reached the spot three hours later.

The IAF also came under fire because its personnel did not bother to leave behind its commandos to guard the chopper and the injured cop — leaving the machine and its load of weapons unguarded in the Naxal-infested territory for three long hours.

The Air Force, in its defence, said the blame lay on the state’s police which did not ‘sanitise’ the area near their camp.

While the blame game continues and respective departmental inquiries are on, the uncomfortable issue of (and the ambiguity regarding) the role of the armed forces in anti-Naxal operations has raised its head.

The MoD had earlier declared that its personnel (read IAF) can return fire if fired upon by the Maoists guerrillas. It has not emerged clearly why the armed helicopter, with highly trained commandos on board, could not respond to the attack and went down.

The IAF personnel, before scramming, left an LMG and a pistol with the wounded policeman — how noble!

May be, in that condition, he was supposed to do a Rambo and mow down any possible Naxal assault team.

Now, imagine a scenario if the chopper crew had decided to hold their position. No matter what their training, the sheer numerical superiority of a Naxal party would have overwhelmed them. The result would be that other IAF teams would tend to get trigger-happy, raising the possibilities of civilian casualties. In an area where human intelligence is minimal and terrain preventing easy distinguishing of Naxal patrols and foraging tribals, this would have serious consequences.

There is also the issue of setting up Army camps and training sessions in Naxal strongholds. True, a sovereign country will not be dictated by presence of guerrilla groups when it comes to training and deployment of its forces. Though there has been no untoward incident so far, there is a high probability of the Army getting dragged into the conflict.

The Naxals are no fools to attack army personnel or camps and bring on themselves the wrath of a well-trained and heavily-armed force. However, if a communication gap or a case of mistaken identity results in such an attack – and casualties – things are going to get ugly.

The Army would get involved in the direct action and soon the conflict would snowball into a full-fledged civil war. And when such a conflict takes place it always tends to take a heavy toll on lives (uniformed and civilian) and scars the region’s psyche — and that is something nobody wants.

The government agencies should shake off their lethargy and revisit standard operating procedures (SOPs) so that the forces (police and the military) are in a better position to deal with delicate situations like the one faced by the IAF personnel in Chhattisgarh.

(This article was published as the editorial column in Postnoon on February 6, 2013.)

Why mullahs and morons fear Kashmir's all-girl band

In another clear indicator of ‘cultural terrorism’ ruling the roost, the Kashmir all-girl band has decided to pull the plug on themselves a day after the Grand Mufti Bashiruddin Ahmad termed singing as un-Islamic and told them to abandon it.

Though a wide range of eminent person, beginning with Kashmir Chief Minister Omar Abdullah, came out in their support and asked them to rock on ignoring the ‘morons’, the scared girls have decided to call it a day.

While condemning singing, the mullah seems to have forgotten the liberal Sufi-inspired culture of Kashmir and the tolerance of Kashmiriyat. Ever since the Valley began to see the rise of West Asia-funded Wahhabis, the core cultural values of Kashmir has witnessed a decline — usually staring at the business end of a Kalashnikov.

The band, Pragaash (light), symbolises everything the mad mullahs, their Pakistani and West Asian benefactors and the militant groups fear — return of hope and normalcy to the region.

There are some major concerns that arise for those who fan unrest and live reaping its benefits: How can fundamentalists claim the support of a population when teenagers are chilling out with music and not attending terrorist-training camps across the border? What answer will the domestic stooges give their paymasters across the border? When there is peace, stability and semblance of governance in the state, why would youth want to support irrational shutdowns and raise slogans in praise of Pakistan?

These moron mullahs who are never short of ridiculous fatwas may have silenced a few scared teens, but it is not the end. All their diktats, guns, threats and violence put together are not powerful enough to break human spirit.

The clouds of extremism may cover the sunshine of aspirations of the people for a while, but ultimately it will be the radiance of Kashmiriyat that prevails.

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.)

Gadkari’s exit: Blow to BJP, boost for Modi

Every effort of embattled BJP chief Nitin Gadkari to wiggle out of the Purti quagmire has backfired and the proverbial final nail on the coffin was stuck by the I-T raids on the company stakeholders’ offices. As the negative publicity brought by its appointee became too big to be pushed under the carpet, even the all powerful RSS could not help him.
Rajnath Singh’s return could not be more spectacular. Gadkari’s term at the helm was a disaster. Revolt after revolt broke out in the party’s state units — its Karnataka situation is the worst scenario.

It was not long ago that the party’s national leadership was forced to kneel down before the Bellary brothers and revoke all disciplinary actions against them and their confidants. Late realisation of its mistake and the subsequent tough posturing before BS Yeddyurappa have resulted in its sole government in the south hanging to power by a wafer-thin majority. The Lingayat strongman enjoys considerable support among the party’s cadres and has the ability to spoil it for the saffron party.

And more than anyone else, one person stands to gain the most — Gujarat Chief Minister Narendra Modi.

Modi’s chance of being the party’s prime ministerial candidate got a major boost with Gadkari out of the way. Modi and Gadkari had clashed several times in the past with the pracharak CM skipping the party’s national executive meetings in protest.

The harbinger of Gadkari’s dwindling elbow room was the May conclave where the party body had to drop Modi-baiter and Gadkari loyalist Sanjay Joshi.

With an outspoken Hindutva hawk like Rajnath Singh at the helm of the party, Modi will look like a moderate (though he is anything but one). Singh’s elevation also spares Modi of worries about strengthening the party before laying siege to Delhi — the former has proven his mettle with excellent organisational skills during his previous stints.

Modi has also greatly benefitted from Rahul Gandhi’s elevation to the number two slot in the Congress. While junior’s tearjerker speech might have sent the nation reaching for tissue paper boxes, the ‘anointment’ has effectively ruled out the possibility of any leader of calibre rising to the top in near future.

Every time Rahul has tried to take on Modi politically, his rhetoric failed to scratch Modi’s image, let alone dent it. Sonia’s last best shot — maut ka saudagar (merchant of death) — boomeranged and Modi emerged stronger than ever. The recent state elections underscored the Gujarat’s CM’s upper hand in this unequal fight.

Modi’s success has been in forcing his most vehement critics to come out with praise for him through good governance. Congress leaders, civil society activists and even leading Muslim figures have turned fans.

With booming business opportunities in Gujarat proving to be too lucrative to be ignored, most countries which blacklisted him in the wake of 2002 riots have quietly backtracked, the UK being the latest to join this list. In the US too, the number of voices calling for going soft on Modi is increasing by the day.

Though kin of victims of 2002 massacres in Gujarat continue to wage their legal battles, a series of clean chits by courts have boosted Modi’s credentials.

Gadkari was a weight that was dragging the BJP down (no pun intended), and freed of that, the main Opposition party is in a better position to put its house in order and pose a credible challenge to the ruling combine in the 2014 General Elections.

(This article was published as the editorial column in Postnoon on January 23, 2013.)

Only generals stand to gain from an Indo-Pak war

There is much tension in the air since the Pakistani cross-border raid at the Line of Control (LoC) killed two Indian soldiers. Media is full of emotionally-charged statements.

A bunch of news anchors have literally declared war on Pakistan and calls from the likes of Sushma Swaraj to bring “10 Pakistani heads” only add to the existing tensions.

Calls by a section of media for surgical strikes and war make it sound like a cakewalk. Pakistan military is no pushover and is competent enough to give us a bloody nose if any hastily-planned cross-border adventure is initiated.

Their forces are well-entrenched and are trained to stave off attacks from its eastern neighbour. American military aid in return for support role in the ‘war on terror’ has added some lethal firepower to Pakistan’s forces — not to mention the massive supply of military hardware it keeps receiving from China.

There is no doubt that Indian armed forces enjoy numerical superiority and possess better equipment. However, there is no guarantee of keeping the battles theatre-specific and short of the threshold that would provoke use of nuclear weapons.

More than anyone else (even more that news anchors who deliver what ‘THE NATION WANTS TO KNOW’ at top decibel) it is the generals of India and Pakistan who desperately need a war.

The image of Pakistan’s military has taken a serious beating in the last few years. An American SEAL team sneaked into their territory and bumped of Osama bin Laden and waltzed out before GHQ bosses in Rawalpindi could bat an eyelid. CIA drones operate in Pakistani airspace with impunity. Death of civilians when drone strikes go wrong has created a strong public resentment against the government and the ‘incompetent’ military.

Several incidents of military bases being targeted with ease by militants have caused the security establishment to lose their face. The military is also losing hundreds of soldiers in battles with Islamic militants — a situation into which it was arm-twisted by Uncle Sam. They are desperate for a diversion; something that would repose the faith of public in them as defenders of Pakistan; and nothing like a war to get this done.

Their Indian counterparts are much better off in terms of internal security. However, the uniform has lost much sheen after the Kargil conflict — thanks to scams involving high-ranking officials. From corruption in supply of rations to illegal sale of military land, a series of scams have seen generals being indicted and cashiered.

The birth certificate controversy involving the previous army chief saw some serious lows in civilian-military relations. General VK Singh’s outbursts about the shabby state of India’s military preparedness, quality of ammunition (and lack of it) and offer of bribes have caused the military’s image to hit a nadir. Therefore, the tough talk and pressure for cross-border strikes are only natural.

The LoC ceasefire that has been in place from 2003 has survived relatively unscathed despite several attempts by hawks among state and non-state actors on both sides of the border.

This has helped us divert resources for development and allowed us to stand tall when the rest of the world faced recession. It also allowed security forces to deploy more effectively and combat militancy in disturbed areas. A war would change all of this.

The sanctity of our borders must be safeguarded through appropriate mechanisms at each level. A local incident should not be allowed to hijack our national agenda and push the countries into a war that they can’t afford to fight.

(This article was published as the editorial column in Postnoon on January 16, 2013.)

Owaisi doesn’t hold monopoly of hate

MIM leader Akbaruddin Owaisi is in the eye of a storm kicked up by his controversial speech. His vitriolic words have drawn condemnation from across the political spectrum — and increased his following among the hawks in his party.

However, in the frenzy to nail the MIM’s floor leader, we are ignoring the impunity hate mongers enjoy in this country. Likes of Praveen Togadia, the Thackeray cousins, leaders of numerous regional political and religious outfits and caste party satraps make equally venomous comments and get away with it.

Recently, Union minister Salman Khurshid had publicly threatened Aam Admi Party leader Arvind Kejriwal with violence if the latter ever dared to enter his constituency — and was promptly executed by his supporters. We haven’t seen Khurshid being arrested.

Politicians across party lines continue to make derogatory remarks against rape victims. Why don’t we see those powerful Sections of Indian Penal Code invoked against them? Ignoramuses like Asaram Bapu continue to walk free.

Leaders of caste kangaroo courts that make a mockery of the law of the land with their ‘verdicts’ of violent retribution and honour killings are free men. They continue to be key elements in the scheme of political parties.

Barely a week back, killers of Indira Gandhi, executed for the severest acts of treason and terrorism, were honoured by the highest religious body of Sikhs as martyrs. We don’t see Akal Takht leaders handcuffed and bundled into police vehicles.

There are several political leaders in Tamil Nadu who openly endorse the LTTE — still listed as a terrorist organisation by the country. Those who engineered the attacks on Sri Lankan pilgrims in the state are still roaming the streets, continuing their propaganda of hate and division.

Separatist leaders of Kashmir, who unleash anti-India tirades and continually support merger with Pakistan, continue to be free.

As a matter of fact, government of India allows them to visit Pakistan and meet anti-India leaders. Clerics who issue those outrageous fatwas that infringe on Constitution-guaranteed liberties are never touched.

Our holy cow approach to dealing with such people owing to their caste, region and religion has allowed them to become extra-constitutional authorities that act above the law. This, however, is not surprising in a country where scientists who make inter-continental ballistic missiles (ICBMs) prostrate before ‘human gods’.

What the MIM does in its strongholds in Hyderabad is no different from what Shiv Sena and MNS does in the Mumbai-Thane belt. The stranglehold it keeps on the community and its political power projection ensures that there is no dearth of fodder for Sangh Parivar organisations in Old City.

There is nothing unique about Akbaruddin Owaisi, and there is definitely nothing new about the toxicity in his speeches. Hate speech cases are nothing new to people like him and his equally competent counterparts in the saffron fold.

It is universal knowledge that all of them will go scot-free after the initial hype, a few court hearings and prolonged legal battles. Lawyers will take care of business in the court while their clients continue to ply their trade in public fora.

Unless there are convictions, jail sentences and punishments like debarring them from any kid of political activity and public office, there is no hope of de-fanging these merchants of hate. 

(This article was published as the editorial column in Postnoon on January 9, 2013.)