SACW | Dec 17-21, 2009 / Courts, Corruption and Accountability / Suicide bombers disneyland / Ouestions re Liberhan report / Swiss vote to ban minarets / Crime in Copenhagen

Harsh Kapoor aiindex at gmail.com
Sun Dec 20 23:35:59 CST 2009


South Asia Citizens Wire | December 17-21, 2009 | Dispatch No. 2677 -  
Year 12 running
From: www.sacw.net

[ SACW Dispatches for 2009-2010 are dedicated to the memory of Dr.  
Sudarshan Punhani (1933-2009), husband of Professor Tamara Zakon and  
a comrade and friend of Daya Varma ]

____

[1] Afghanistan: Revisiting Afghanistan: A Conversation with  
Najibullah (Alan Brody)
[2] Pakistan: Implications of court order taking away amnesty against  
political class
    -  Full Text of Pakistan Supreme Court's Ruling against the NRO
    -  Another aspect of the judgment (Asma Jahangir)
    -  Pakistan: Supreme court chaos  (Editorial, The Guardian)
    -  Editorial: Augean stables of corruption
    - Arousing the nation (Roedad Khan)
[3] Pakistan: A pie in the sky when you die (Kamila Hyat)
[4] India Administered Kashmir: Murky Trail (Editorial, Kashmir Times)
[5] India: Make the Courts Accountable:
    (i) Choosing judges - Need for greater transparency (Fali S.  
Nariman)
    (ii) Integrity is not just a private virtue (H Suresh)
[6] India: Resources For Secular Activists
        (i) Republic of Silence (Ashok Mitra)
        (ii) Saw this, Liberhan? (Madhu Trehan)
        (iii) India: Story of a Humanist Campaign Against Religious  
Exploitation of a Child (Babu Gogineni)
[7] Book Review: review of Pritam Singh's Federalism, Nationalism and  
Development: India and Punjab Economy by Karna Basu
[8] Miscellanea:
    - CEMB statement on Swiss vote to ban minarets
    - The Truths Copenhagen Ignored (Johann Hari)
[9]  Announcements:
(i) Science Ka Adda: Humans in the Cosmos (Karachi, 22nd December 2009)

_____


[1] Afghanistan:

The Virginia Quarterly Review, Winter 2008 / Volume 84, Number 1

REVISITING AFGHANISTAN: A CONVERSATION WITH NAJIBULLAH
by Alan Brody
http://www.vqronline.org/webexclusive/2008/01/02/brody-revisiting- 
afghanistan/

_____


[2] Pakistan: Court sends shock waves by declaring the National  
Reconciliation Ordinance (NRO) unconstitutional and taking away  
impunity against corruption. What are the implications?

FULL TEXT OF PAKISTAN SUPREME COURT'S RULING AGAINST THE NRO
http://www.sacw.net/article1290.html

o o o

Dawn, 19 December 2009

ANOTHER ASPECT OF THE JUDGMENT
by Asma Jahangir

The NRO case, Dr Mubashar Hasan and others versus the federation, has  
once again stirred a hornet’s nest.

There is thunderous applause for bringing the accused plunderers and  
criminals to justice and widespread speculation on the resignation of  
the president. Very little analysis is being done on the overall  
effect of the judgment itself.

While, the NRO can never be defended even on the plea of keeping the  
system intact, the Supreme Court judgment has wider political  
implications. It may not, in the long run, uproot corruption from  
Pakistan but will make the apex court highly controversial.

Witch-hunts, rather than the impartial administration of justice,  
will keep the public amused. The norms of justice will be judged by  
the level of humiliation meted out to the wrongdoers, rather than  
strengthening institutions capable of protecting the rights of the  
people.

There is no doubt that impunity for corruption and violence under the  
cover of politics and religion has demoralised the people, fragmented  
society and taken several lives. It needs to be addressed but through  
consistency, without applying different standards, and by  
scrupulously respecting the dichotomy of powers within statecraft. In  
this respect the fine lines of the judgment do not bode well.

The lawyers’ movement and indeed the judiciary itself has often  
lamented that the theory of separation of powers between the  
judiciary, the legislature and the executive has not been respected.  
The NRO judgment has disturbed the equilibrium by creating an  
imbalance in favour of the judiciary.

The judgment has also sanctified the constitutional provisions of a  
dictator that placed a sword over the heads of the parliamentarians.  
Moreover, it has used the principle of 'closed and past transactions'  
selectively.

It is not easy to comprehend the logic of the Supreme Court that in a  
previous judgment it went beyond its jurisdiction to grant life to  
ordinances — including the NRO — protected by Musharraf’s emergency  
to give an opportunity to parliament to enact them into law.

If the NRO was violative of fundamental rights and illegal ab initio,  
then whether the parliament enacted it or not it would have  
eventually been struck down. By affording parliament an opportunity  
to own up to the NRO appears to be a jeering gesture unbecoming of  
judicial propriety.

The NRO judgment has struck down the law also for being violative of  
Article 62(f), which requires a member of parliament to be,  
'Sagacious, righteous and non-profligate and honest and ameen'.

Hence, the bench will now judge the moral standing of  
parliamentarians on these stringent standards set by the notorious  
Zia regime. This article of the constitution has always been  
considered undemocratic and a tool to keep members of parliament  
insecure.

If parliamentarians, who also go through the rigorous test of  
contesting elections in the public domain, are to be subjected to  
such exacting moral standards then the scrutiny of judges should be  
higher still.

After all, judges are selected purely on the value of their integrity  
and skills. Judges who erred in the past seek understanding on the  
plea that they subsequently suffered and have made amends. Should  
others also not be given the same opportunity to turn over a new  
leaf? How will sagacity and non-profligate behaviour be judged?

Apart from Dr Mubashar Hasan, not even the petitioners of the NRO  
case are likely to pass the strenuous test laid down in Article 62 of  
the constitution. This could well beg the question whether it is wise  
for those in glass houses to be pelting stones.The judgment goes much  
further. It has assumed a monitoring rather than a supervisory role  
over NAB cases. In India, the supreme court directly interfered in  
the Gujarat massacre but it did not make monitoring cells within the  
superior courts.

Is it the function of the superior courts to sanctify the infamous  
NAB ordinance, the mechanism itself and to restructure it with people  
of their liking? It is true that the public has greater trust in the  
judiciary than in any other institution of the state, but that  
neither justifies encroachment on the powers of the executive or  
legislature nor does it assist in keeping an impartial image of the  
judiciary.

The long-term effects of the judgment could also be counter- 
productive; perpetrators are often viewed as victims if justice is  
not applied in an even-handed manner and if administered in undue  
haste with overwhelming zeal. It is therefore best to let the various  
intuitions of state take up their respective responsibilities because  
eventually it is the people who are the final arbiters of everyone’s  
performance.

The writer is chairperson of the Human Rights Commission of Pakistan.

o o o

The Guardian, 18 December 2009

Editorial

PAKISTAN: SUPREME COURT CHAOS

Politics and the law are entwined in Pakistan, but the jubilant  
lawyers should be wary of getting what they wish for

There was jubilation among Pakistan's lawyers about the decision by  
the country's supreme court to strike down an amnesty which allowed  
the late Benazir Bhutto and her husband Asif Ali Zardari to return  
from exile. Lawyers called the decision a landmark judgment. One  
former president of the Lahore High Court Bar Association, Anwar  
Kamal, said that the supreme court had closed the door on corruption  
in the country for all time to come. We shall see, but on one thing  
we should be clear. This was not purely a judicial act. The judgment  
reeked of politics, designed to unseat an unpopular president halfway  
through his term.

Any independent court worth its name would have struck down the  
national reconciliation ordinance (NRO), the selective amnesty that  
the former president Pervez Musharraf concocted in 2007 as part of a  
power-sharing deal with Ms Bhutto brokered by the US and Britain. But  
the supreme court went far beyond this. By turning the clock back to  
the date when the ordinance was issued, the court ordered that all  
cases and investigations frozen by the amnesty be revived.

Knowing that Mr Zardari would be protected by the immunity he gets  
from his position as president, the court ordered the government to  
inform the Swiss authorities that a case against him there may be  
reopened. The thinking behind this is that if the president cannot be  
prosecuted in his own land, he should be prosecuted in another. This  
is designed to increase the pressure on him to resign. The court also  
ordered the government to sack prosecutors, and ordered the interior  
minister Rehman Malik to issue himself with an arrest warrant. A  
decision conducted in the name of good governance was aimed instead  
at crippling the government.

Who profits from this? Rightwing members of the senior judiciary;  
sections of the military and intelligence establishment who regard Mr  
Zardari as too pro-American and want to stop him cracking down on the  
Afghan Taliban; and the opposition leader Nawaz Sharif. His own  
previous conviction was not covered by the NRO, but he profited from  
Ms Bhutto's return to Pakistan by coming home from exile himself.

Mr Sharif has called for midterm elections. The unpopular Mr Zardari  
and his ruling Pakistan People's party are far from blameless. They  
could have seen this situation coming. Yesterday they were forced to  
say they respected the judgment, but also insist the president would  
not resign. Politics and the law are entwined in Pakistan, but the  
jubilant lawyers should be wary of getting what they wish for. They  
could be preparing not just the ousting of the PPP from power, but  
the re-entry of the army into it.

o o o

The Daily Times, 19 December 2009

EDITORIAL: AUGEAN STABLES OF CORRUPTION

French President Nicolas Sarkozy has denied allegations that he was  
aware of an alleged system of kickbacks related to a defence deal  
between France and Pakistan in the 1990s. In May 2002, 11 French  
employees of a naval construction firm were killed in a bomb attack  
on a bus in Karachi. Relatives of the French engineers suspect that  
the attack was carried out in revenge by Pakistani agents after  
France decided to freeze the secret payouts. The decision was made by  
former President Jacques Chirac after he defeated Edouard Balladur in  
the 1995 presidential election. Sarkozy was a budget minister under  
Balladur, which is why he also stands accused of corruption. While  
the French have lodged a complaint against Sarkozy, a thorough  
investigation must be carried out in Pakistan to find out the whole  
truth about these alleged kickbacks in the arms deal.

The Supreme Court has put NRO beneficiaries in the dock by scrapping  
the NRO, thereby setting a precedent that corruption will no longer  
be tolerated in this country. Most of the NRO beneficiaries say that  
the cases against them were partisan or politically motivated. Only  
time will tell whether this is true or not. Accountability is now  
certainly on the agenda in Pakistan. While all this is very good, the  
courts should also take action against other pending cases like that  
of the Bank of Punjab scam, Haris Steel Mills, etc. Defence deals  
should also come under scrutiny. Why should only one section of  
politicians be made accountable while the rest of the political class  
remains untouched? The military, bureaucracy and some other  
politicians should also be taken to task over alleged corruption  
charges. It is time to cleanse the Augean stables of corruption if  
the country is to move towards a corruption-free future.

On an aside, the formation of a Truth and Reconciliation Commission  
along the lines of South Africa has been floated around, but one may  
ask whether anyone in Pakistan would actually ever come out and speak  
the ‘truth’? *

o o o

The News, 20 December 2009

AROUSING THE NATION

by Roedad Khan

The nation-wide jubilation which we witnessed after the Supreme Court  
delivered its landmark judgement in the NRO case on 16th December was  
justified on many grounds. It restored the majesty of the  
Constitution; it proved the independence of the judiciary; it  
confined to the dustbin the odious agreement between a military  
dictator and an ambitious politician which was motivated purely by  
the desire of each to retain or gain political power. The court also  
directed that criminal proceedings against all the beneficiaries of  
the NRO should be continued from the stage at which they were  
withdrawn and, as a guard against deliberate foot-dragging by the  
National Accountability Bureau, it has established a monitoring cell  
to check on the progress of these cases. The order to replace the  
present top leadership of NAB indicates that the court means  
business. While doing all this, the court did not exceed the limits  
of good jurisprudence and stopped short of actually assuming the role  
of a trial court and proceeding against any particular individual. It  
did, however, insist that the names of the beneficiaries should be  
disclosed, no matter how high and mighty they may be, and the amounts  
they had stolen be shown to the court and the public.

All these are good causes for celebration. The citizens of this  
benighted country have, for once, been assured that there is such a  
thing as true accountability. They have the comfort of knowing that  
those who have grown fat and rich on ill-gotten gains at the cost of  
starving millions, can be brought to book. But there is a deeper  
question which arises. Will this landmark decision, which the  
revitalised Supreme Court has handed down, arouse the conscience of a  
nation which has become accustomed to a social and political order  
where corruption, tax evasion, fraud and dishonesty were never  
condemned? Indeed, an order where wealth, no matter how it was  
acquired, enhanced the social status of the individual, where it  
opened up doors to the corridors of power and where it was an object  
of envy rather than revulsion. Unless this judgement leads to the  
arousal of the nation’s conscience, unless it generates a re- 
evaluation of the moral standards which have prevailed till now, it  
will be no more than a one-off event that gives temporary  
satisfaction, but in due course, gives way again to the old rotten  
order.

The honourable court did not merely apply the law in a correct  
manner, it also proved sensitive to the nation’s interests. The court  
itself was revived as a result of the concerted and determined  
efforts of the lawyers community, supported by civil society, which  
boldly defined the national interest. For Pakistan, that was a  
defining moment where, perhaps for the first time, citizens were  
successful in defying the wishes of the powers that be. It was a  
turning point. Can civil society do it again? This is the challenge  
that now faces us. Every citizen of Pakistan must search his soul and  
decide whether he has the duty to be a part of a revolution that the  
Supreme Court has initiated. It is a gigantic but vital task. As far  
as the judges go, the task has been well-begun but only half-done.  
There are more peaks to be climbed. Every citizen now shares the  
responsibility to carry this task to its logical conclusion and bring  
about a lasting and fundamental change in our national sense of  
morality. It has been rightly said that those who do evil are bad,  
but good men who do nothing to oppose it are equally so.

I had the privilege of moving a petition in the Supreme Court  
challenging the validity of a deplorable legislation, not because I  
had an animus against any particular person. Nor did I stand to  
personally gain anything. I did so because, as a citizen, I felt it  
my duty to challenge such an iniquity being imposed on millions of my  
fellow citizens. I do not believe the task has been fully completed.  
Civil society must remain actively engaged. It must, as it did in the  
judges case, see the battle through. No single individual, no matter  
how well-intentioned, can do it alone. If civil society is to be  
effective, it must organise itself as an identifiable and disciplined  
force. Those of us who took the initial steps now need the support of  
civil society as a whole to see that the spirit of the Supreme Court  
judgement is carried through. We must be ready to join in actions  
which ensure that thieves and robbers never again take the destiny of  
the nation in their hands. They must atone, they must be cast aside,  
they must not be allowed to enjoy the tainted wealth that they have  
acquired. It is our duty to ensure that the judgement of the Supreme  
Court is put into full effect in letter and spirit. There are already  
worrisome indications that the executive is determined to defy the  
apex court. The first threats of counter - revolutionary activity  
have already begun to appear. Attempts are being made to subvert the  
people’s will and overturn the revolution. It is therefore imperative  
that necessary follow - awakening up action, whether it means public  
pressure or further petitions, is vigorously pursued.

The writer is a former federal secretary. Email:  
roedad at comsats .net.pk, www.roedadkhan.com


_____


[3] Pakistan:

The News, December 17, 2009

A PIE IN THE SKY WHEN YOU DIE

by Kamila Hyat

The bizarre four-roomed 'heaven' discovered by security forces in the  
Nawaz Kot area of South Waziristan is a reminder of how young boys  
are lured into becoming suicide bombers.

The garish paintings hung in the rooms were intended to persuade  
recruits aged between 12 and 18 years that they could expect to live  
a life of extraordinary luxury amid streams of milk and honey where  
beautiful women roamed after they became 'martyrs'. They were also  
told they would enjoy the same rank as the companions of the Holy  
Prophet (PBUH). For those who have known only the perpetual misery of  
poverty and deprivation in this life, and who have suffered the  
consequences of occupying a place on the bottom tier of society, the  
promise of a different kind of existence in the hereafter obviously  
offers plenty of temptation. A teenage would-be suicide bomber from  
Waziristan, held some months ago in Afghanistan, had also spoken of  
similar means used by sweet-talking 'teachers' to convince their  
victims of how they could benefit by blowing themselves – and others  
-- into smithereens. Drugs and the haze of addiction make it easier  
for them to act irrationally and cloud conscience. According to  
security experts, huge quantities of drugs run through the veins of  
most of those sent out on suicide missions.

Similar tactics have been used for centuries. In the American south,  
preachers promised slaves they would be rewarded in heaven for the  
hardships they withstood at the present time. The glib message was  
parodied in a popular song written in 1911 by the labour-rights  
activist, Joe Hill, who urged workers to seek rights in this world  
rather than wait for a 'pie in the sky' after they died. This is as  
relevant today as it was nearly 100 years ago. Religion has become in  
our country a means to exploit people and persuade them not to  
agitate for rights or to expect any change in their fortunes. To  
escape squalor, hunger and deprivation they must wait for death. In  
other places, at other times, religious belief has of course been  
used to create momentum for change and for a more just world.

This message needs to be countered. In its most extreme form it has  
become one that has been used to persuade parents to hand over sons  
to militant outfits. The promise of a place in heaven for the whole  
family and the money handed over to 'buy' the boys both play a role  
in providing the human flesh militants use to carry out the most  
horrendous acts of violence. The fact that people now sip their tea  
as they watch images such as those from Moon Market in Lahore a short  
while ago reflects just how accustomed we have become to the sight of  
bodies scattered on streets or ambulances racing in to yet another  
scene of disaster.

In what we are told is an attempt to tackle extremism, the government  
seems to have launched some kind of initiative. Several prominent  
members of the clergy have come forward to condemn suicide bombings  
and other acts of terrorism. The interior minister has presided over  
one such seminar and lavishly praised the 'ulema' for their message.  
Other key religious leaders, including the head of the JUI-F, are  
meanwhile conspicuous by their silence. Astonishingly there are still  
some, even after the carnage we have seen, who speak of negotiations  
with the Taliban.

The question is where these tactics are leading us. The words of  
eminent scholars may have some small influence as far as shaping  
public opinion is concerned but they are unlikely to have any impact  
at all on the militants. The philosophy they espouse has been  
developed over many years and tried out in nations such as  
Afghanistan. In the world of hatred they have moulded, moderation has  
no place.

The only way to challenge the militants is to make it possible for  
people to believe in something available to them now, in this life  
rather than the next. Some sense of hope has to be injected back into  
a society from which it has been gradually drained away. If not a  
pie, people need to be offered at least the means to obtain 'roti'  
and 'daal'. The question is whether our government has the vision and  
the capacity to set about this. If it does, it has certainly done  
nothing so far to demonstrate this ability. Even now, there seems to  
be some difficulty in grasping the enormity of the task before us and  
accepting that military action alone cannot defeat militancy. Much,  
much more needs to be done.

Change cannot come instantly, but the structures on which it is to be  
based need to be set in place now. The fact that today Brazil is a  
country where the gap between the rich and the poor is closing more  
rapidly than anywhere else is rooted in policies that in the 1990s  
focused on removing children from the labour force and putting them  
in schools. The pay-off has come in the access of more people to  
better-paid jobs – as electricians or mechanics or clerks – and the  
creation of mobility in a previously moribund society. Better health  
care has helped dispel despondency and give people some belief in the  
possibility of living a meaningful life now or of their children  
living one that is more fruitful than their own. Income support in  
various forms has helped too.

There are many examples around the world that we can learn from. The  
question is whether we will do so before it is too late. Terrorism  
threatens to devour our country. We already live in a place that has,  
for many, become a kind of hell. Poverty condemns people to  
unimaginable hardship. Escape lies for them only in the hope of  
reaching heaven once they cross that divide between life and death.  
This is the promise used by the ruthless to trap those who live  
without any optimism or any confidence of an improvement in the  
quality of their lives.

The government needs to challenge them not by propping up religious  
scholars who condemn terrorism. Most ordinary people are already  
rational enough to know it is inherently wrong to kill the innocent.  
Instead change must be created by offering them something that makes  
life worthwhile and persuades teenage boys that it should be lived,  
rather than hankering after the houris that they are told will  
surround them after death.

The writer is a freelance columnist and former newspaper editor

_____


[4] India Administered Kashmir:

The Telegraph, December 17 , 2009

Editorial : MURKY TRAIL

Two women died unnatural deaths on the night of May 29-30. It is  
amazing that the cause of the deaths of 17-year-old Asiya Jan, and  
her pregnant sister-in-law, 22-year-old Neelofar, keeps changing —  
the charges ranging from rape and murder in the reports of the  
Muzaffar Jan inquiry commission appointed by the state government and  
the High Court Bar Association inquiry to drowning without rape and  
murder in the latest report submitted by the Central Bureau of  
Investigation. The Shopian case, as it has come to be known, is a  
painful exposure of the erosion in civil society institutions in  
Jammu and Kashmir, the tragic result of years of mistrust, violence,  
tension between communities and the tussle between unionism and  
separatism. The discovery of the bodies, together with the ready  
suspicion that the police or military were to blame, had ignited in  
the valley a storm of protest, aggressive police reactions, curfews  
and house arrests of separatist leaders from May 30 to around July  
13. Things cooled a little after five policemen associated with the  
inquiry were suspended for mishandling the investigation, but no  
solution emerged. From the beginning, the trail of forensic evidence  
was murky: two post-mortem examinations by different teams of doctors  
with the fury of the populace barely held at bay, and procedures  
allegedly violated at every step, by the police, doctors and  
officials of all kinds. An exhumation, that alleged the younger girl  
to be a virgin, was followed by the CBI’s most recent claim that 13  
people, including doctors and lawyers, had fabricated evidence, while  
the policemen had done nothing wrong. Predictably, the people are  
furious.

Together with the CBI, there have been four separate inquiries. Each  
was conducted under pressure, and revealed wildly conflicting  
statements from doctors and witnesses, and, often, retractions with  
charges of coercion directed towards one or the other body. The CBI’s  
credibility is pitiful, but the contaminated evidence has allowed it  
to come to the conclusions it has presented. With separatists  
breathing down the government’s neck and the obvious resentment of  
the people towards uniform, no woman’s death, close to a security  
personnel camp as these were, can be treated with the hamhanded  
stupidity that has been displayed. In an atmosphere of pervasive  
mistrust and fear, institutions have to go the extra mile to convince  
the people that they are on the track of the truth.


_____


[5] India: Accountability for Courts

(i)

The Tribune, 12 December 2009

CHOOSING JUDGES - NEED FOR GREATER TRANSPARENCY
by Fali S. Nariman

In 1981, the Supreme Court said in S.P. Gupta’s Case (also known as  
the First Judges’ Case), by a narrow majority of 4:3, that the Chief  
Justice of India’s opinion in the judges’ appointment was not  
constitutionally binding on the Centre. The majority of the justices  
consisted of Justices Bhagwati, Fazal Ali, Desai and Venkataramiah,  
and the minority consisted of Justices Gupta, Tulzapurkar and Pathak.

The majority decision may or may not have been correct in  
constitutional law (it probably was); but it was definitely not in  
accordance with constitutional convention. And it proved to be a  
disaster for “judicial independence” because it enabled governments  
to “manipulate” appointments. As for instance when in the case of  
some recommendations of the executive, the CJI stood firm, the Centre  
attempted to persuade the High Court Chief Justice concerned (in the  
case of appointment of a judge to a High Court).

When Justice P.N. Bhagwati, who delivered the majority judgment in  
the First Judges’ Case (1981) became the CJI in July 1985, he was  
administered by the government some of the bitter medicine that he  
himself had prescribed when presiding over the Bench of seven  
justices in the First Judges’ Case. Justice Bhagwati (who was CJI for  
18 months) made recommendations of persons who deserved to be  
appointed as judges. But at the end of his tenure as CJI, Bhagwati  
chafed quite a bit at the government’s refusal to accept the names  
proposed by him!

It was all this accumulated experience — as a result of the majority  
judgment in the First Judges’ Case — that prompted the now new faces  
on India’s Supreme Court to take a fresh look at the problem. The new  
faces were: Justices S. Ratnavel Pandian, A. M. Ahmadi, Kuldip Singh,  
J. S. Verma, M. M. Punchhi, Yogeshwar Dayal, G. N. Ray, Dr A. S.  
Anand and S. P. Bharucha. They came to the conclusion that it was  
time to review the correctness of the ratio of the majority decision  
in the First Judges’ Case.

This is where I come in. I had led the main argument on behalf of the  
petitioner, Supreme Court Advocate-on-Record Association in the
Second Judges’ Case and we had succeeded. But the fallout was
not as we had expected.

What the majority in the Second Judges’ Case (1993) prescribed (7:2)  
was not the status quo ante but it was — as the Americans would call  
it — an entirely new “ball game”!

The CJI’s primacy on which the whole edifice of an independent  
judiciary under our Constitution rested was a doctrine that had been  
sorely misused during the internal Emergency (1975-77) during which  
period Chief Justice A.N. Ray had got transferred judges from one  
high court to another not on the basis of the exigencies of work but  
solely because these judges had decided certain important cases which  
had political overtones against the Centre or the relevant state  
government. It was in this background that the majority in the Second  
Judges’ Case said that they would not endorse the doctrine of the  
CJI’s primacy.

Justice Verma, (who, in 1997, succeeded Justice Ahmadi as CJI) said  
(in the Second Judges’ Case) that the reason given by the majority in  
the First Judges’ case could not be supported, and was not in  
accordance with existing practice, and that the doctrine of primacy  
would henceforth mean the CJI’s opinion after taking into account the  
views of his senior colleagues required to be consulted by him for  
formation of a collegiate opinion: the opinion of a collectively of  
judges was to be preferred to the opinion of the primus inter pares  
of that body viz. the CJI.

Subject to introducing the idea of a collegiums, the judges (7:2 in  
the Second Judges’ Case) restored the pre-1981 position in matters  
relating to the judges’ appointment in the higher judiciary with one  
caveat: if the government did not accept the collegium’s  
recommendation, it would be presumed that the government had acted  
without bonafides. In the Second Judges’ Case, the majority held that  
the court’s prior decision of 1981 was erroneous and it was expressly  
overruled.

The truth is that although good competent honest men and women have  
been appointed to the superior judiciary under this judge-evolved  
procedure, many fit and competent persons have been passed over for  
unknown reasons simply because there is no institutionalised system  
for making recommendations.

Thus, when Justice Punchhi became the CJI in January 1998 and  
suggested that a list of five named persons be appointed in vacancies  
to the highest court (all strictly in accordance with the methodology  
laid down in the Second Judges’ Case), the government, having genuine  
reasons to doubt the suitability of one or two of the names in that  
list, dragged its feet.

When the government suggested to the CJI that some of the names could  
be accepted but not all, the CJI said “no”; he was firm and there  
were apprehensions in the minds of the executive of possible  
“contempt” proceedings being initiated suo motu against the executive  
if the CJI’s en bloc proposal was not accepted!

Ultimately, to avoid a possible ugly situation, a Presidential  
Reference was filed by the government for the advisory opinion of the  
Supreme Court for “clarification” of some dicta in the Second Judges’  
Case. In this Reference, only a few ‘creases’ were ironed out; and  
the collegiate was enlarged (by judicial decree) from three to five  
of the seniormost justices on the highest court on the (somewhat  
dubious) principle that there was greater safety in larger numbers!

As for the suggestion made in the Third Judges’ Case (1998), which  
has been implemented, the criticism is that the system of  
recommendation for appointments by a collegium of five seniormost  
judges (like that of three went before) has also not been  
institutionalised. No mechanism has been prescribed (by the collegium  
itself) nor any criteria evolved as to which amongst the high court  
judges, all aspirants to a place in the Supreme Court should be  
recommended.

As a general rule, some, or perhaps many, of the recommendations of  
this five-member collegium have been “good”, but some have been “not- 
so-good” and a few positively “bad”: with the constantly changing  
combinations in the collegium (all Supreme Court judges having to  
compulsory retire at 65 years).

So nothing has worked well. Neither the system of appointments during  
1981-92 (where the government had the veto) nor even the post-1993  
system of appointments (where three and later five seniormost judges  
of the court) had the right to recommend judges for appointment.

But is the National Judicial Commission the right answer? Will there  
not simply be more confusion in even greater numbers? Perhaps there  
would. The answer to all this lies not in the number of persons who  
select nor in the range of persons entitled to select. There must be  
a greater transparency in the method and procedure of judges’  
appointment.

I do not imply that there should be publicity. Once the method and  
procedure is known, the confabulations within the judiciary must be  
left to the justices without the intruding eyes of members of the  
public or the media. The problem today is that not much care is taken  
by the collegium in recommending judges for appointment to the  
Supreme Court simply because they are otherwise too busy in deciding  
cases that come before them.

Today, for reasons I need not expand upon, I can only express my  
extreme anguish at the current state of ground realities. The extra- 
curricular activity (imposed upon five judges by a judgement of the  
court itself) that of recommending appointments to the highest court  
has not been conducted with the care and caution that it had  
deserved. There is too much ad hocism and no established process of  
selection for recommendation.

This article is excerpted from the writer’s Annual Dr Kailash Nath  
Katju Memorial Lecture delivered at Teen Murthi House, New Delhi, on  
December 11, 2009

o o o

(ii)

Express Buzz, 3 December 2009

INTEGRITY IS NOT JUST A PRIVATE VIRTUE

by H Suresh

This is an appeal for action in a situation of inaction — a la  
Justice Dinakaran.  By now, the media has detailed several acts of  
apparent misconduct of P D Dinakaran with sufficient authenticity and  
credibility.  All his private gains have become public knowledge.   
The Forum for Judicial Accountability placed all those materials  
before the Chief Justice of India (CJI).

The CJI, after scrutiny, has just referred the matter to the  
government.  P D Dinakaran is not going to be elevated to the Supreme  
Court.  Is the Government investigating the allegations?  We do not  
know.

  The CJI could have handed over the complaint to the CBI, and, after  
investigation, if the allegations were prima facie found true and  
substantial, could have given sanction for prosecution.

In the mean time, the judge sits in the court, with no restraint on  
him.  If what has appeared in the press cannot be hidden from the  
public ear and eye, will the public have confidence in the  
administration of justice by Dinakaran?

Ordinarily, when any inquiry takes place on any serious charge,  
particularly of corruption against any officer or incumbent of any  
office, he is suspended from discharging his official duties.

In the case of judges of the higher courts, it should be more  
appropriate that they should voluntarily abstain from work,  
particularly when the ‘scrutiny’ is going on at the level of the  
Supreme Court.

What is expected of a judge is stated in the Restatement of Values of  
Judicial Life (Code of Conduct), and one of the important  
‘values’ (16) says : “Every judge must at all times be conscious that  
he is under public gaze and there should be no act or omission by him  
which is unbecoming of the high office he occupies, and the public  
esteem in which that office is held.”

It is true that there is no provision in law or in the Constitution  
to suspend an errant judge from functioning during an inquiry. That  
deficiency should not allow a judge to compromise on his conscience.  
In the past, when such aberrations arose, some attempts had been made  
to make the concerned judge stay away from his work.

In the case of Justice V. Ramaswamy of the SC, when inquiry  
proceedings under the Judges (Inquiry) Act, 1968 began, the then  
Chief Justice of India just declined to assign any judicial work to  
the judge. So also when the Bar Associations of the Bombay High Court  
called for a boycott of four judges (1990) on grounds of corruption,  
the then Chief Justice of the Bombay High Court did not assign any  
judicial work to them, with no demur from the Bar or from the Bench.   
Later on, two of these judges were transferred, while one resigned,  
and the other, on refusing to accept transfer, continued without any  
work for nearly four years, till his retirement.

As at present, these salutary precedents seem to have been  
forgotten.  The CJI recommends impeachment of a judge of the Calcutta  
High Court (Justice Sen), and the judge refuses to resign; and the  
chief justice of the high court does not seem to have withdrawn any  
work from the impugned judge.  The same is the case with other judges  
who were named in the Provident Fund Scam case.

In the case of Justice V.  Ramaswamy, about twelve out of fourteen  
charges were held to be proved.  The charges, inter alia, related to  
criminal misappropriation, cheating, etc.  No prosecution was ever  
launched against him, even after retirement.

  In the case of Chief Justice A.M. Bhattacharjee, where the  
allegation was that he had received a disproportionately large sum of  
$ 80,000 as royalty from a suspect Middle East publisher for the  
second edition of a book on Muslim Law and the Indian Constitution,  
the Supreme Court just declined to order any investigation or inquiry  
into those allegations.

The court further said that the Constitutional provisions of  
impeachment “put the nail squarely on the projections, prosecutions  
or attempts by any forum or group of individuals or associations,  
statutory or otherwise, either to investigate or inquire into or  
discuss the conduct of a judge or the performance of his duties and  
on/off court behaviour”.

Thus, the Supreme Court lost the opportunity to lay down guidelines  
in Bhattacharjee’s case.  The court itself could have enquired into  
his conduct.  It didn’t.  It just closed its eyes, like the ostrich  
burying its head in the sand.  So the same is likely to take place in  
the present case.

M.C. Setalvad, the first Attorney General of India, in his book, “My  
Life”, refers to the episode of the Chief Justice of Patna High Court  
having been accused of giving a false age at the time of his  
appointment, and how Gajendragadkar, then Chief Justice of India,  
persuaded him to resign without any investigation.

Setalvad comments : “The canker appears to have spread even in the  
highest judiciary …… it is surprising that the persons in high places  
who have repeatedly,  eloquently condemned corruption of all kinds on  
the public platform, should be parties to draw a veil of silence and  
secrecy on the alleged corruption of the Chief Justice….(and) they  
seem to imagine that by avoiding into the allegation against the  
Chief Justice they are saving the judiciary….. from exposure; they  
forget that what they are trying to conceal is known to all lawyers  
and concerned citizens.”

So, our objective should be to devise appropriate mechanisms to weed  
out corruption without impairing the dignity and independence of  
judges in any manner.

A corrupt judge is not independent.  Judicial independence is not  
only independence from the executive, but also independence from such  
human frailties as succumbing to acts of corruption and immorality.

It is therefore necessary to amend the Constitution to provide for  
dismissal of such errant judges on proven charges of corruption,  
bribery and such other acts of misconduct which would fall beyond the  
ken of appropriate judicial behaviour.

There should be an independent complaint mechanism and an independent  
tribunal for investigation and appropriate action.  In proper cases,  
there could be prosecution under the criminal law.Our law minister  
has been saying that no tainted judge will be allowed to continue.   
He has not spelled out the proposed law, so far.  If one has to judge  
by what he did in the last Lok Sabha session, he seems to be  
suffering from the syndrome that the proposed law should have the nod  
from the judiciary (“As you please, my Lord”).

That is the reason why the UPA I government could not bring in any  
appropriate law, either on the appointment or performance of the judges.

  The government must know that any consent from the judiciary,  even  
if given, is no guarantee that the law would be later held to be  
constitutionally valid.  It will have to be tested independently.

It is hoped that the government would appreciate the urgency of the  
situation where the confidence of the public in the judiciary is fast  
eroding because of the presence of such errant judges.

  It should not be yet another missed opportunity.  In any event, one  
must acknowledge that the situation being an extraordinary one, the  
Supreme Court (not necessarily the CJI) should suo moto consider an  
innovative approach of issuing an appropriate Writ or order,  
directing Dinakaran to abstain from discharging his judicial functions.

  Sounds extraordinary! But it seems inevitable, not for the  
protection of the corrupt or dishonest, but for protecting several  
other honest, conscientious and hardworking judges to preserve their  
reputation.

Finally, one must know that judicial integrity is not just a private  
virtue, but a public necessity.  The situation demands action — and  
not inaction.

H  Suresh is a former judge of the Bombay High Court


_____


[6] India: Resources For Secular Activists

(i)

The Telegraph, December 18 , 2009

  REPUBLIC OF SILENCE - P.V. Narasimha Rao’s forgotten promise
Cutting Corners - Ashok Mitra

Hokum must have its kingdom. The judicial report on the culpability  
for the crime perpetrated on December 6, 1992, was first leaked and  
then laid on the floor of Parliament. The predictable sequel was an  
uproarious parliamentary debate. Countrymen are however not any more  
enlightened than they already were.

That horrid outrage was committed over 17 years ago, in broad  
daylight, with the world’s media looking on. Thousands watched the  
proceedings on the television screen; they even had the opportunity  
to watch the gleeful post-demolition celebrations and the faces of  
the celebrants. All that the judge’s report does is to state the  
obvious. The government is delighted; it has responded to the  
judicial blah-blah by an ‘action taken’ report, equally blah-blah,  
the purport being to make it plain that no action whatever is  
contemplated.

The parliamentary debate has been marked by the same bogus quality.  
Each party went through the motion of parading its anger, sorrow,  
indignation or self-righteousness for the sake of record, nothing  
beyond. It was hypocrisy reflecting a kind of mutual agreement among  
the different parties of the you-do-not-embarrass-us-too-much-and-we- 
too-will-behave genre. The nation is taken for a ride, since  
politicians are confident that the nation will accept the charade  
with philosophical equanimity: these are turbulent times, enough new  
problems are cropping up every day, little purpose is served by  
raking up the embers of that hideous episode, let bygones be bygones.

A similar consensus has presumably been reached on a related matter  
too. Whether P.V. Narasimha Rao, the then prime minister, was  
‘daydreaming’ — as the judge’s report suggests — or actually taking  
an indolent Sunday afternoon nap while the Babri mosque was being  
demolished is no longer terribly important. To what extent he was  
responsible for what happened is now little more than academic  
speculation. What is, however, very much relevant is the commitment  
he made at twilight of that infamous day in a telecast address to the  
nation. It was a commitment by the nation’s prime minister on behalf  
of the Government of India. After disposing of the preliminaries  
concerning the events of the day, he had then announced his  
government’s resolve to ensure that the destroyed mosque was soon  
rebuilt on the same site.

It was a categorical announcement, with no ambiguity about it. At  
least, it was assumed there was no ambiguity about it: a grievously  
wrong thing had taken place, the government was sorry it could not  
prevent its occurrence. It had, however, resolved to set right the  
wrong that had been done and decided to arrange the reconstruction of  
the mosque on its original foundation. Those who listened to the  
prime minister took it for granted that the restoration of the mosque  
at its original site would happen as early as possible, perhaps in  
the course of the next couple of years, certainly not at the fag end  
of a century or a millennium.

The pledge the prime minister of the day made has not been  
implemented till now. But it has not been repudiated by any  
succeeding regime either. The executive authority within the  
framework of a parliamentary democracy is supposed to be a continuum;  
unless a particular commitment made by a previous government has been  
formally rescinded or amended by a succeeding one, it remains an  
official commitment. Quite a few changes in the political complexion  
of the regime in New Delhi have, of course, taken place since  
December, 1992. The Congress was not in power between 1996 and 2004.  
A rainbow coalition was in charge for a while during this period, and  
was followed by a regime led by the Bharatiya Janata Party. For the  
past five years and a half, though, the Congress has been back in  
government. It has dispatched P.V. Narasimha Rao to posthumous  
oblivion, but no record exists to show that the pledge he made on  
behalf of the Congress government was ever publicly disavowed by the  
party.

Some bigots might have thought otherwise, the prime minister’s  
statement was, however, accorded a quiet but firm welcome at the  
time. Sections of the BJP leadership were struck by awe realizing the  
implications of the dastardly act perpetrated by their acolytes. None  
of them openly protested against the government decision to have the  
mosque re-built, nor was any dissonance voiced from any other  
quarters. It has nonetheless been an astounding display of  
forgetfulness. Debate still continues over the assignment of  
responsibility for the outrage. The investigating judge’s damp squib  
of a report has given a new lease of life to that debate. But it is  
an impressive republic of silence as far as the question of arranging  
the reconstruction of the mosque is concerned, talk of building a Ram  
temple on the site is sought to be kept alive instead.

Excitement is caused every now and then over the supposed breach of  
this or that parliamentary privilege. If a minister makes a promise  
on the floor of the House and fails to carry it out, it is taken to  
be a breach of the privileges of Parliament. That apart, any outsider  
who in any manner dishonours or disparages Parliament is considered  
to be guilty of breach of privilege and is liable to be charged with  
contempt of the House. Should not there be scope for a similar breach  
of privilege where the government makes a commitment to the nation  
and does nothing about it subsequently?

We, however, exist in a realm of fakery. Politics has been reduced to  
an artefact of simulated amnesia. Politicians and political parties  
can get away by pretending that they have managed to forget the  
pledge P.V. Narasimha Rao as prime minister had made to the nation.  
Or that pledge, it will perhaps be suggested, was made by a flustered  
prime minister of a cornered government in a state of half confusion  
and half contrition. He could not possibly have meant it, or even if  
he had meant it at that particular moment, second thoughts made him  
realize the necessity of discretion, for any initiative to implement  
that commitment might have enormously combustible consequences. It  
might generate social tension of the same magnitude as the demolition  
of the mosque had given rise to. Politicians and political parties of  
practically all hues have evidently gone along with this judgement.  
Many amongst them would even feign surprise that such a pledge was  
ever made.

Honouring the commitment the government undertook on that dismal  
evening more than 17 years ago is evidently not ‘politically  
feasible’. The BJP would be scandalized if the proposal to rebuild  
the mosque were to be revived; the party is still — even if only  
nominally — determined to build a Ram mandir on that site. The Indian  
National Congress would scamper away with fright if reminded of the  
promise made by its own prime minister; there is, after all, a  
substantial overlap between its constituency and that of the BJP.  
Even politicians of other species, who take pride in flaunting their  
secular credentials, have chosen to remain silent on the issue. They  
will not actively campaign for the restoration of the mosque because  
they hate the idea of igniting a fresh controversy. They will grant  
the moral case for rebuilding the Babri mosque where it once was.  
Even then, they will prefer to let the sleeping dog lie. In the  
recent parliamentary debate, not one member cared to suggest that the  
foremost imperative action for the government to take is to help  
restore the mosque on its original foundation.

India, its Constitution asserts, is a socialist republic. Nobody  
loses sleep over that huge joke. The Constitution also claims India  
to be a secular republic. It is however a soft variety of secularism,  
the republic is secular to the extent ‘practical’ politics permits it  
to be so. Not merely that those who claim to defend the Constitution  
lack the courage of their conviction, the conviction itself, have no  
illusion, is greatly wobbly.


(ii)

Hindustan Times, December 20, 2009

SAW THIS, LIBERHAN?

by Madhu Trehan

It should have taken 60 minutes — 30 minutes to watch the footage  
from Newstrack, the old video magazine, and 30 minutes to write the  
report. Newstrack’s December 1992 edition gave a minute-by-minute  
account of what happened in Ayodhya on December 6, 1992. And yet,  
M.S. Liberhan took 17 years to come up with what he came up with.

Mritinjoy Jha along with his team were in Ayodhya from November 23,  
1992. Thousands of pumped-up, slogan-shouting people were pouring in,  
carrying pick-axes and other equipment. Manoj Raghuvanshi, with  
another Newstrack team, had pulled the story together. In his voice- 
over, Raghuvanshi spoke about “a chief minister who spoke from both  
sides of his mouth — promising the Supreme Court that no construction  
would take place on the disputed site — and a prime minister who  
trusted everybody, including his central forces sent ostensibly to  
defend the masjid”.

The recordings captured Hindu leaders, including Tyagi Maharaj and  
Acharya Dharmendra, exhorting the crowd that the masjid must be  
destroyed and a temple built. Uma Bharti in her speech made three  
crucial points by demanding answers from the crowd: “Will you  
restrain yourselves when the leaders ask you to? Will you maintain  
peace and observe rules? Will you obey your leaders?’” The crowd  
bellowed a yes. But did the BJP really believe that it could control  
the kar sevaks, the RSS volunteers, the Bajrang Dal and the Vishwa  
Hindu Parishad after its own passion-rousing rath yatra?

Rehearsals of demolition teams practising with ropes, pick-axes and  
boulders were recorded by Newstrack. The images included Bajrang Dal  
leader Ramesh Pratap in khaki shorts ‘directing’ with a whistle.

Each time they pulled down a ‘practice boulder’, there were cheers.  
Bajrang Dal president Vinay Katiyar stated on camera, “I have never  
formulated any strategy keeping the Supreme Court in mind.” At the  
Marg Darshak Mandal meeting on December 5, 1992, VHP president Ashok  
Singhal responded to Newstrack’s query on whether he would obey the  
Supreme Court order to maintain the status quo: “Nonsense! We have  
nothing to do with courts. We are unaffected by the court order.”

The disputed area was cordoned off and only sadhus and journalists  
were allowed in. Around 11.00 am on December 6, BJP leaders Murli  
Manohar Joshi, L.K. Advani and the VHP’s Ashok Singhal were seen  
walking into the area. Ayodhya District Magistrate R.N. Srivastava  
smugly told the Newstrack team: “We have made full arrangements,”  
adding excitedly, “There is a lot of enthusiasm in the public.” Any  
fear of anything happening? “No fear,” Srivastava replied. Senior  
Superintendent of Police (SSP) D.B. Rai maintained that “peace and  
calm will prevail”. Srivastava, along with other senior bureaucrats,  
then settled down on a terrace to observe the demolition. Tea was  
served as they watched the proceedings.

As the mob started to demolish the cordoned-off area of the Babri  
Masjid, there was a clear divide between the general crowd and the  
hardcore kar sevaks. After being given a cue, the kar sevaks started  
assaulting journalists, breaking cameras and most journalists made a  
run for it. Newstrack’s sound recordist Ashok Bhanot hid tapes under  
a charpai in a nearby house. Another team carried on shooting.

The hardcore kar sevaks wearing yellow head-bands  then started  
weeding out the general crowd (wearing orange head-bands) and only  
those trained and part of the demolition plan entered the area of the  
masjid. Singhal was seen shoving people himself. There was confusion  
among the faithful about why they were being thrown out. Those who  
resisted were beaten up. There was a specific plan with assigned  
roles for the demolition. Any ‘freelance’ help was not welcome.

“Watch this. The single-most crucial development that led to the  
destruction of the disputed structure — at this point there was no  
direct threat to the shrine and certainly no threat to the police —  
for some unknown reason: these troops suddenly lined up and filed out  
of the shrine area,” says Raghuvanshi in the voice-over of the  
footage. “Was this direct collusion? Were they ordered to leave and  
if so, by whom? There was no tear gas. No rubber bullets. No lathi  
charge. No firing. There was no attempt whatsoever to even try to  
defend the shrine.”

As sadhus blew conch-shells and kar sevaks scaled the barricades to  
the masjid with pick-axes, ropes and shovels, a small contingent of  
police stood just below the bureaucrats’ terrace. A police rebellion  
was caught on camera. As the demolition began, a frantic-looking SSP  
D.B. Rai ordered his troops to stop the demolition.  The police force  
shuffled nervously, refusing to move even as Rai shouted at them. The  
bureaucrats kept sipping on their tea. Cameraman Bharat Raj realised  
then that the action to capture was not confined to the destruction  
of the masjid, but also the inaction around it.

The Censor Board banned the Newstrack tape. We appealed to the  
Appellate Tribunal in Bombay. Justice B. Lentin passed an order that  
stated, “Not only should this tape be allowed, it should be  
compulsory viewing for every citizen of India.” Doordarshan showed  
nothing.

We had 36 tapes of 20 minutes each, which totalled 12 hours. I was  
furious with Raghuvanshi for wasting so much tape on a 30-minute  
story. M.S. Liberhan asked Newstrack to hand over the tapes. I  
refused to hand over 12 hours of original tape and we gave him the  
edited story.

In the 17 years that Liberhan took to write his report, the BJP was  
in power for six years and the Congress  for ten. One can presume  
that all the 48 extensions were given to Liberhan by both these  
parties, since the Congress and the BJP were in power for 16 out of  
the 17 years. It doesn’t take a genius to figure out that the tabling  
of the report did not suit either party.

Here’s the simple conclusion: both parties were responsible for the  
destruction of the Babri Masjid.

Prime Minister Manmohan Singh has ordered an inquiry into the leaking  
of the Liberhan report. This is the wrong inquiry to order.  
Journalists were simply doing their job to get the contents of the  
Liberhan report to the public. There should be an inquiry into who  
gave Liberhan 48 extensions and took Indian citizens for a Rs 8 crore  
ride.

Madhu Trehan produced and anchored Newstrack, a video magazine, from  
1988 to 1995.

(iii)

INDIA: STORY OF A HUMANIST CAMPAIGN AGAINST RELIGIOUS EXPLOITATION OF  
A CHILD

by Babu Gogineni

For the last few weeks Humanists, Rationalists and Human Rights  
activists have been waging a huge battle against the forces of  
fundamentalism in Andhra Pradesh. This is a battle where all sections  
of society, and in which the media, the police, the justice system,
aggressive fundamentalists, the Dalai Lama as well as the Humanists  
and Rationalists are involved. It is a battle that is being watched  
with keen interest by millions of homes as it unfolds on live TV and  
through public discussions, newspaper articles and also in homes.
The campaign started publicly with a complaint made by Babu Gogineni  
in the name of IHEU along with a dozen collaboratoring intellectuals  
and organisations with the Andhra Pradesh Human Rights Commission.  
The campaign's slogan Sambhavi Gudilona Badilona? has now become the  
byword for TV programs, for newspaper articles and also discussions  
as all citizens are challenged to take a stand whether Sambhavi, a  
child of 7, who it is claimed is a reincarnation of a Buddhist  
goddess should be in school or remain in the temple. Everyone has an  
opinion, most of them agreeing with the Humanists. This is also a  
story which has catapulted Humanists and Rationalists into the  
limelight as superstition, religious privilege and human rights clash  
publicly in Andhra Pradesh state which is home to 90 million Telugu  
speaking people - the second largest language group in India.
[. . .].
Full Text at: http://www.sacw.net/article1289.html

_____


[7] Book Review:

review of Pritam Singh's Federalism, Nationalism and Development:  
India and Punjab Economy by Karna Basu

The Journal of Asian Studies (JAS 68.3 August 2009))
Book Reviews—South Asia


FEDERALISM, NATIONALISM AND DEVELOPMENT: INDIA AND THE PUNJAB
Economy. By PRITAM SINGH. New York: Routledge, 2008. xviii, 223 pp.
$170.00 (cloth).

Pritam Singh’s Federalism, Nationalism and Development is an  
informative study of Punjab’s economic growth in the context of  
India’s federal structure.  Given the unique nature of Indian  
federalism and the unique status of Punjab within India, this is an  
ideal subject for a detailed case study.
Singh examines the ways in which the structure of India’s center– 
state relations has shaped the economic development of Punjab, a  
wealthy agrarian state in northern India with a majority Sikh  
population. His general argument is the following: The Indian  
constitution has endowed the central government with significant  
power to exert economic control over individual states. This has had  
interesting implications for Punjab. First, independent India’s goal  
of self-sufficiency in food, combined with Punjab’s early advantages  
in agriculture, led the center to invest heavily in Punjab’s  
agricultural research and development and infrastructure. Second, as  
a result of Punjab’s high per capita income and the center’s distaste  
for income inequality across states, Punjab was denied access to the  
funds and licensing necessary for industrial development.  The book’s  
contribution lies in its methodology as well as its choice of  
subject.  Singh uses what he describes as the “reconfigured  
centralization-decentralization” approach as a method of analysis.  
First, he presents a history of Punjab and of Sikhism, followed by a  
detailed description of India’s federal structure. He then looks  
separately at the relationship between Punjab and the central  
government in the areas of finance, agriculture, and industry. The  
balance (or imbalance) of power in each of these relationships is  
analyzed from several perspectives (e.g., constitutional versus  
extraconstitutional, redistribution versus compensation, state  
expenditure requirements versus sources of revenue).
To an economist, chapters 2 and 3, which cover the history of Punjab  
and Indian federalism, are particularly illuminating. Singh adeptly  
casts familiar history in a new light to stress the links between the  
politics of the past and the economics of today. He shows how the  
formation of Sikh identity in opposition to Hinduism and Islam can be  
connected to Sikh military participation on behalf of the British  
colonial powers, and how this can be connected to early agricultural  
infrastructure in Punjab (through “canal colonies” built for retiring  
soldiers).
The remaining chapters focus more directly on the economy. While  
Singh elucidates stylized facts and trends in the data, he is unable  
to convincingly isolate the impact of the central government’s  
actions on the overall health of the Punjab economy. The following  
are established very convincingly in the text. First, the  
constitution of India accords quite a bit of power to the center, and  
over the years, the center has been able to consolidate this power  
further.  Second, the center has used its power to redistribute  
wealth and direct production. Singh provides evidence that Punjab  
gets very little financing from the center as a fraction of its total  
income (compared to other states), and that the center has restricted  
industrial growth in Punjab. This can be seen in the fact that not  
only does industry contribute little to Punjab’s income, but most  
industry is small scale in nature. During 1968 to 1975, only 1  
percent of the center’s public sector investment went to Punjab  
(though the state houses 2.39 percent of India’s population).
This leaves open the question of what we are to do with these facts.  
Singh’s contention is that, overall, the center has done a disservice  
to the Punjab economy by deterring diversification and redistributing  
wealth. Let me first focus on the issue of diversification. While it  
is certainly plausible that industrial growth is essential to  
Punjab’s development, Singh’s arguments are not persua-sive. Consider  
the following claim: “Although the Green Revolution did push up  
Punjab’s relative per capita income status, the agrarian-oriented  
development path in Punjab based on it is handicapped in sustaining  
long-term growth” (p.  120). To support this, he describes how  
Punjab’s state domestic product has grown slower than those of other  
states in recent years. Yet this is hardly evidence in favor of  
diversification. It could as easily be evidence for the convergence  
in incomes that is predicted by numerous models of economic growth.
There is also a question about the applicability of Singh’s arguments  
to post-liberalization India. After the 1991 balance of payments  
crisis, India abolished its notorious industrial licensing policy and  
allowed firms and states to borrow directly from abroad (see Arvind  
Panagariya, India: The Emerging Giant [New York: Oxford University  
Press, 2008], 103–4, 200–201). This has significantly reduced the  
Punjab government’s reliance on the center’s beneficence for its  
industrial development and, likewise, enhanced its responsibility for  
the fate of the Punjab economy.
If diversification is vital to the long-run well-being of Punjab,  
then it is also vital to the future well-being of the Indian economy  
(for many reasons, including the fact that there will be more to  
redistribute). If the center ignores this, is it because it is making  
mistakes, or that agents operating at the center do not have the  
correct incentives? This question could be answered a little better  
if Singh were to open the black box of the “center.” We are left  
uncertain about whether the center is to be interpreted as a monolith  
with fixed objectives, or competing political parties, or a set of  
individuals playing according to a set of rules.
Finally, to better assess the government’s redistributive policy, it  
would help to see how it has benefited the poorer states. Singh’s  
arguments would be stronger if he could show that the rate of return  
to investments would be higher in Punjab than, say, Uttar Pradesh.
Nevertheless, Pritam Singh’s book is an important work. His analysis  
addresses some difficult questions about the conflicting objectives  
of the center and the states. If this also raises more questions,  
that is only a good thing.

KARNA BASU
University of Chicago
karna(at)uchicago.edu

_____


[8] Miscellanea:

Press Release

CEMB STATEMENT ON SWISS VOTE TO BAN MINARETS

December 13, 2009

The Council of Ex-Muslims of Britain is extremely concerned over the  
Swiss vote to ban minarets.

Far-right proposals to ban minarets are divisive, reactionary and in  
line with the ‘Clash of Civilisations' agenda, which hands over  
'Muslims' or those labelled as such to the political Islamic movement  
and denies the universality of the demand to live a life worthy of  
the 21st century.

Believing in Islam or any religion for that matter is not a crime.  
Neither is it a crime to have minarets in mosques. What are crimes,  
however, are groups or individuals using religion to threaten people  
to death, intimidate them, violate their rights, and discriminate  
against them. Society has to address these crimes and prosecute those  
who threaten or terrorise people - not ban minarets!

Political Islam is a political phenomenon that demands a political  
response. This response must include targeting the discrimination,  
abuse and criminal acts that take place against children in Islamic  
schools, against citizens in Sharia councils and tribunals, against  
apostates and freethinkers, gays and women who are killed in the name  
of honour...

This response must demand a banning of Sharia law and Islamic  
schools, along with all faith-based laws and schools.

It must exert pressure on governments to stop appeasing Islamic  
states and demand that such states be politically isolated.

It must demand the prohibition of any kind of financial, material or  
moral support by the state or state institutions to religion and  
religious activities and institutions.

It must support those who are at the forefront of fighting the  
political Islamic movement.

It must demand an end to the promotion of cultural relativism.

It must demand that religion be a private matter.

It must call for secularism - the complete separation of religion  
from the state, education and legal system - as a minimum  
precondition for the respect of rights and freedoms in society.

It must defend rather than restrict universal rights.

The Enlightenment didn't ban church towers in order to successfully  
push Christianity into the private sphere. The same must be done with  
political Islam.

And that is what civilised humanity intends to do.

o o o

The Independent , 19 December, 2009

THE TRUTHS COPENHAGEN IGNORED

by Johann Hari

So that's it. The world's worst polluters – the people who are  
drastically altering the climate – gathered here in Copenhagen to  
announce they were going to carry on cooking, in defiance of all the  
scientific warnings.

They didn't seal the deal; they sealed the coffin for the world's low- 
lying islands, its glaciers, its North Pole, and millions of lives.

Those of us who watched this conference with open eyes aren't  
surprised. Every day, practical, intelligent solutions that would cut  
our emissions of warming gases have been offered by scientists,  
developing countries and protesters – and they have been  
systematically vetoed by the governments of North America and Europe.

It's worth recounting a few of the ideas that were summarily  
dismissed – because when the world finally resolves to find a real  
solution, we will have to revive them.

Discarded Idea One: The International Environmental Court. Any cuts  
that leaders claim they would like as a result of Copenhagen will be  
purely voluntary. If a government decides not to follow them, nothing  
will happen, except a mild blush, and disastrous warming. Canada  
signed up to cut its emissions at Kyoto, and then increased them by  
26 per cent – and there were no consequences. Copenhagen could  
unleash a hundred Canadas.

The brave, articulate Bolivian delegates – who have seen their  
glaciers melt at a terrifying pace – objected. They said if countries  
are serious about reducing emissions, their cuts need to be policed  
by an International Environmental Court that has the power to punish  
people. This is hardly impractical. When our leaders and their  
corporate lobbies really care about an issue – say, on trade – they  
pool their sovereignty this way in a second. The World Trade  
Organisation fines and sanctions nations severely if (say) they don't  
follow strict copyright laws. Is a safe climate less important than a  
trademark?

Discarded Idea Two: Leave the fossil fuels in the ground. At meetings  
here, an extraordinary piece of hypocrisy has been pointed out by the  
new international chair of Friends of the Earth, Nnimmo Bassey, and  
the environmental writer George Monbiot. The governments of the world  
say they want drastically to cut their use of fossil fuels, yet at  
the same time they are enthusiastically digging up any fossil fuels  
they can find, and hunting for more. They are holding a fire  
extinguisher in one hand and a flame-thrower in the other.

Only one of these instincts can prevail. A study published earlier  
this year in the journal Nature showed that we can use only – at an  
absolute maximum – 60 per cent of all the oil, coal and gas we have  
already discovered if we are going to stay the right side of  
catastrophic runaway warming. So the first step in any rational  
climate deal would be an immediate moratorium on searching for more  
fossil fuels, and fair plans for how to decide which of the existing  
stock we will leave unused. As Bassey put it: "Keep the coal in the  
hole. Keep the oil in the soil. Keep the tar sand in the land." This  
option wasn't even discussed by our leaders.

Discarded Idea Three: Climate debt. The rich world has been  
responsible for 70 per cent of the warming gases in the atmosphere –  
yet 70 per cent of the effects are being felt in the developing  
world. Holland can build vast dykes to prevent its land flooding;  
Bangladesh can only drown. There is a cruel inverse relationship  
between cause and effect: the polluter doesn't pay.

So we have racked up a climate debt. We broke it; they paid. At this  
summit, for the first time, the poor countries rose in disgust. Their  
chief negotiator pointed out that the compensation offered "won't  
even pay for the coffins". The cliché that environmentalism is a rich  
person's ideology just gasped its final CO2-rich breath. As Naomi  
Klein put it: "At this summit, the pole of environmentalism has moved  
south."

When we are dividing up who has the right to emit the few remaining  
warming gases that the atmosphere can absorb, we need to realise that  
we are badly overdrawn. We have used up our share of warming gases,  
and then some. Yet the US and EU have dismissed the idea of climate  
debt out of hand. How can we get a lasting deal that every country  
agrees to if we ignore this basic principle of justice? Why should  
the poorest restrain themselves when the rich refuse to?

A deal based on these real ideas would actually cool the atmosphere.  
The alternatives championed at Copenhagen by the rich world – carbon  
offsetting, carbon trading, carbon capture – won't. They are a global  
placebo. The critics who say the real solutions are "unrealistic"  
don't seem to realise that their alternative is more implausible  
still: civilisation continuing merrily on a planet whose natural  
processes are rapidly breaking down.

Throughout the negotiations here, the world's low-lying island states  
have clung to the real ideas as a life raft, because they are the  
only way to save their countries from a swelling sea. It has been  
extraordinary to watch their representatives – quiet, sombre people  
with sad eyes – as they were forced to plead for their own existence.  
They tried persuasion and hard science and lyrical hymns of love for  
their lands, and all were ignored.

These discarded ideas – and dozens more like them – show once again  
that man-made global warming can be stopped. The intellectual  
blueprints exist just as surely as the technological blueprints.  
There would be sacrifices, yes – but they are considerably less than  
the sacrifices made by our grandparents in their greatest fight.

We will have to pay higher taxes and fly less to make the leap to a  
renewably powered world – but we will still be able to live an  
abundant life where we are warm and free and well fed. The only real  
losers will be the fossil fuel corporations and the petro-dictatorships.

But our politicians have not chosen this sane path. No: they have  
chosen inertia and low taxes and oil money today over survival  
tomorrow. The true face of our current system – and of Copenhagen –  
can be seen in the life-saving ideas it has so casually tossed into  
the bin.

'You can watch Johann explaining some of the appalling loopholes  
being smuggled into the Copenhagen treaty here

Johann Hari is a columnist for the London Independent. He has  
reported from Iraq, Israel/Palestine, the Congo, the Central African  
Republic, Venezuela, Peru and the US, and his journalism has appeared  
in publications all over the world.

Copyright 2009 Independent News and Media Limited

_____


[9]  Announcements:

(i)

We're Back

After 8 1/2 months of blood, sweat, and a lot of tears, we're finally  
coming back to life. Tuesday, 22nd December 2009 marks the rebirth of  
T2F.
T2F 2.0
T2F 2.0 is now officially in beta testing and we look forward to your  
continued support. Thank you for believing in us.

To kick things off, we're delighted to announce a Science Ka Adda  
session, featuring the ultra-talented Salman Hameed, who teaches at  
Hampshire College and is in Karachi for a couple of days.

2009 is the International Year of Astronomy and Salman will talk  
about how 400 years of the telescopes have changed the way we look at  
ourselves.

Science Ka Adda: Humans in the Cosmos
Tuesday, 22nd December 2009 | 6:30 pm

There is perhaps no instrument other than the telescope that has so  
changed fundamental perceptions about humanity and its place in the  
universe. Galileo, 400 years ago, pointed his telescope skywards and  
saw an imperfect universe - with blotches on the Sun and craters on  
the Moon. But his telescope also opened up a universe of objects  
invisible to the naked eye - such as the moons of Jupiter and the  
rings of Saturn. This was only the start of our journey. Since the  
time of Galileo, our telescopes have unveiled newborn stars shrouded  
in gas and dust, planets around other stars, gaseous nebulae  
containing the building blocks of life, comets crashing into planets,  
and a universe consisting of hundreds of billions of galaxies.

In this exciting Science Ka Adda session, Salman Hameed will  
highlight key discoveries, from Galileo and Herschel to the Palomar  
Observatory and the current Hubble Space Telescope, that have had the  
biggest impact on the way we look at ourselves and construct our  
place in the universe.

For more information, please visit: http://www.t2f.biz/science-ka- 
adda-humans-in-the-cosmos/

Date: Tuesday, 22nd December 2009

Time: 6:30 pm

Minimum Donation: Anything you like. Please support our vision of  
intellectual poverty alleviation by donating generously

Venue: T2F 2.0
10-C, Sunset Lane 5, Phase 2 Extension, DHA, Karachi
0300-823-0276 | info at t2f.biz
Map: http://www.t2f.biz/category/location


o o o

(ii)


_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/_/

South Asia Citizens Wire
Buzz for secularism, on the dangers of fundamentalism(s), on
matters of peace and democratisation in South
Asia. An offshoot of South Asia Citizens Web: www.sacw.net/

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