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.)