Legal aid to suspected terrorists be deprecated

The principle of natural justice is audi alteram partem i.e. nobody should be condemned unheard. The logical extension of this theory is that everybody should be provided with legal aid to defend himself or herself in the court of law so as to prove his/her innocence. He or she should have the freedom to engage a lawyer of his/her choice to plead the case in the court. In fact, this freedom is a necessary ingredient of the civilized society that respects the rule of law.

Equal justice and free legal aid to all citizens is enshrined in Article 39 A of the constitution of India. This Article mandates the State to ensure the opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities. As a matter of fact, there are legal aid committees across the country, which provide legal aid to all needy and poor people right from the lower courts up to the Apex Court. The Supreme Court of India has its own legal committee which is manned by scores of permanent staff. Hundreds of lawyers, including many senior lawyers have volunteered themselves for rendering legal aid to needy persons as and when they make request to the legal aid committee of the Supreme Court. And this fact is known to everybody who has any concern with the litigation of any type.

So, why the vice-chancellor of Jamia Millia Islamia, Mushirul Hasan, who is otherwise known to be a famous historian and academician has stirred the hornets’ nest by saying that his university would provide legal aid to accused students allegedly involved in bomb blasts in Delhi the other day. The statement of Mushirul Hasan has come a day after the accused persons were arrested and at a time when the atmosphere is surcharged throughout the country. His primary duty as a responsible person is to restore calm and peace. After all, nobody had said that the accused would be deprived of legal aid, so the statement of Mushirul Hasan amounts to putting oil in the fire and thereby further whip up the communal feelings. Overnight he has become the darling of the same Muslims who were baying for his blood when he had said a few years back that the ban on Salman Rushdie’s book ‘Satanic Verses’ would hardly serve any purpose. But in this case he has failed to take any ideological stand. His gratuitous or deliberate statement has already enraged a large number of secular persons as it was expected from him to have condemned the terrorist activities of every hue and shade. Although his secular credentials are above-board, yet the statement of legal aid to accused persons depicts that he nurses sympathy for terrorists and this is because that those who have been arrested belong to a particular religion. This, it is hoped, is not true but his thinking must appear in his conduct also.

The amount of polarization that has taken place on the religious lines is really very alarming and therefore regrettable indeed. Human Resource Development Minister Arjun Singh has further aggravated the matter by supporting the decisions of Jamia Millia Islamia. Arjun Singh has never been known for statesman like qualities. He is more known for his foxy qualities to ditch others and thereby climb the ladders of success. He is also known for his ruthless insensitivity and corrupt activities like Churhat lottery case etc, He will not hesitate to disturb and destabilize anybody or any institution if that help creates embarrassment for his rivals. So the backing of Arjun Singh to Mushirul Hasan’s decision is not surprising because his adversary is Manmohan Singh and none else. He knows it well that his endorsement of Mushirul Hasan would complicate the matters for the duo of Manmohan Singh and Sonia Gandhi. The more the embarrassment for them the more the joy of Arjun Singh

What is more intriguing is that HRD Minister has not explained as to how the legal aid to terrorists or suspected terrorists would be in the national interest. Are they not being put on different footing from other citizens of the country, who get legal aid only though the constitutional provisions? There are no two opinions that the country cannot afford to be soft towards Muslim terrorists. They should be crushed with iron hands in the same manner as the Khalistani terrorists were decimated in Punjab by Sardar Beant Singh and KPS Gill. There should be no discrimination between the terrorists on the grounds of caste, creed or religion. And it is the only way to restore the confidence of public in the rule of law.

Thus the decision of Mushirul Hasan to provide legal aid to suspected terrorists at the cost of university’s funds should be deprecated and he must be stopped forthwith from indulging in such misdemeanors.

Mockery of Labour Laws

Today’s newspapers are splashed with the news of the bludgeoning to death of the Managing Director and the Chief Executive Director of a NOIDA based Multi National Company by a 200 strong armed mob of dismissed workers. It is sad news by all means. Three months ago, Italian MNC Graziano Transmission lay off 200 workers. These workers were deprived from egress and ingress in the premises of the company.

This is one of the worst instances of industrial violence in recent times. It can be seen after liberalisation of economy and globalisation of trade and manufacturing the militancy in the trade unions had almost disappeared. There have been many reasons for it. Firstly; there has been contractualisation of workers on a very large scale cutting across the industry, secondly; economism has acquired the prime place, thirdly; the interchange of jobs from one industry to other has become very common, which is neither resisted by the employers not by employees. The concept of the loyalty to the organisation had gone for ever, fourthly; the employees are well paid, educated and computer savvy unlike the employees of the olden days when 80 per cent of them used to be blue collared.

Be that as it may, the level of resentment among the workers due to opening of the economy has not gone down or decreased albeit, it has increased in many sectors. But they can hardly do anything for want of responsible trade unions in the country. Trade Unions are like red rags to employers. They resist the formation of trade union in their organisations with tooth and nail. In case, the union has been formed surreptitiously, the proprietors would make it every effort to crush it. Employees are prevented to enrol as the members of the union and office-bearers of the union are harassed and victimised.

It does not mean that trade unions are lily white. They have also their shares of blame. Trade Union leaders live under the false impressions that unions sans militancy are no good. Therefore, the espousal of militancy and particularly violent militancy has been considered a good quality. Trade Unions living under the patronage of the left political parties have been mainly responsible for developing this concept. That is why; there has been steep decline in the membership of trade unions in the last two decades. The erosion of credibility in the trade unions is a great loss to the working class. Today, there is flood of the IT enabled industries in the satellite towns of Delhi, be it NOIDA or Gurgaon. Thousands of young, highly educated and skilled men and women have got jobs, but at what cost?

There are hardly any labour laws that respected in these industries. No fixed working hours, no leave; not even casual is made available to them 10 to 12 hours work is a norm than rule. Demand of overtime is unthinkable. These young men and women, who should bubble with enthusiasm, become a mental and physical wreck in a few years. They are turning into a big problem for the society. They get trapped with hypertension and host of other ailments.Marital life is getting disturbed. Neurological problems are increasing. Divorces are on the rise. Non existence of labour laws is the main culprit.

Gaurav is a young man holding the MBA and Engineering degree is working for a multi national company in Gurgaon. No doubt, he is being paid handsome salary which was unimaginable two decades ago. But he is quite tense. He leaves home in the morning and returns at around mid night. Deprived of good sleep, he is losing appetite. He has completed only a year in the job and has become the victim of blood pressure. This is the fall out of liberalisation, where the laws are looked upon by the managements in disdain and contempt.

So, the death of the CEO of Graziano Tramissioni, Lalit Kishore Chaudhary is very sad and mournful. Heart goes out for his young, educated wife and teenaged son. As per newspaper reports Chaudhary was least responsible for what has happened in his company. He was the victim of the circumstances and pent up anger of the dismissed employees. Here in this case, as in nearly ninety nine per cent cases, the labour enforcement authorities, who are fully soaked in corruption, are responsible for this sad state of affairs.

The exploitation of the employees are going up; not because labour laws are changed or amended but changed or amended but because the authorities of the labour department are corrupt and they never bother to see whether even semblance of laws are observed or not. Article 19 of the Indian Constitution guarantees freedom of association as fundamental right. It was further recognised in the Trade Union Act, 1926, the Industrial Disputes Act, 1947 and the Industrial Employment (Standing Orders) Act, 1948 but nobody bothers about it.

Union Labour Minister Oscar Fernandes, while inaugurating a seminar the other day in New Delhi said, ‘Changing role of the state Competitive pressures of globalisation, technological changes, the changing working ethics, resultant contractualisation and outsourcing have impacted employer-employer relations in the country’. It shows the rank ignorance of the minister about the labour laws, otherwise he would not have talked in this manner. It is his duplicity which amounts to bungling with the cause of employees. It will cause the irretrievable damage to the industrial relations.

Deal Sternly with Ruffians like Raj Thackeray

Maharashtrians have always been known for their broad nationalistic outlook. Chhatrapati Shivaji Maharaj is not only in the folklores of Maharashtra but of the whole country mainly because of the eulogia composed by a Bhatta Brahmin of Uttar Pradesh — Bhushan. The bravery, valour and sterling character of Shivaji Maharaj is taught to school children across and they are advised to inculcate those high qualities among themselves.

Lokmanya Balgangadhar Tilak and Gopal Krishna Gokhale are considered to be the pioneers of modern nationalist movement in India. The tales of sacrifices and sufferings of Veer Savarkar give rise to goose bumps. The zeal, the fervor, the dedication of Maharashtrians has been matchless and next to none. But today when find that the likes of Raj Thackeray are hitting the headlines, we often think what has actually happened to Maharashtra. The late Madhulimaye was never considered to be a Maharashtrian leader because he had won more elections from Bihar than Maharashtra. The Uttar Pradesh assembly had many Maharashtrian immigrants as members and ministers. In fact, Persons like Nanji Deshmukh and educationist Baba Raghav Das made Uttar Pradesh as their Karmasthali. Perhaps many people do not know that Rani Laxmibai of Jhansi was a Maharashtrian by birth. Nanaji Peshwa who launched his offensive against British colonial forces was from Kanpur.

Now come to the development of Hindi journalism. Three eminent journalists, also known as Brihattrayee— the big three: venerable Baba Vishu Rao Paradkar, Laxmi Narain Garde and illustrious R.R. Khadilkar were from Maharshtra. Without them Hindi journalism would not have been able achieve the heights of today.The late R.R. Khadilkar’s son Manohar Khadilkar is also an eminent journalist and he lives in Varanasi. His son is also a journalist working a Hindi news channel. It shows that they have worked more for the country than for nay region.

Rangeya Raghav’s name in Hindi, literature evokes awe and deep respect. Joshi Brahmins of north India owe their roots to Maharashtra and because of their nationalism, patriotism and matchless qualities of adaptability, they have become more north Indians than original north Indians. The purpose of saying it all is that parochialism and narrow minded has been anathema to Maharashtrians. So now, when we see that Bal Thackeray’s nephew Raj Thackeray has eschewed all the qualities for which Maharashtrians have been known, then we are bound to say that there is something amiss. His lunatic behavior has hardly any explanation.

His uncle Bal Thackeray spared no stone unturned to sully the great Shivaji Maharaj but since Shivaji is so towering a figure that puny persons can do nothing to him, although he used every opportunity to appropriate the colossus Shivaji. Raj Thackeray seems to have gone many steps ahead of his uncle. Now he is quarreling with Amitabh Bachchan and his wife Jaya Bachchan over language forgetting the fact that Hindi is the only language that is understood by all Mumbaikars. The number of Marathi knowing people in Mumbai must be very small as compared to Hindi knowing and yet he is vandalizing Mumbai in the name of Marathi. It must be mentioned here that Mumbaiya Hindi has assumed the status of a distinct of Hindi and it has found its place in colloquialism and even in modern writings. One fails to understand how the Marathi language is shown disrespect if anybody speaks Hindi or for that matter any other language, but then it is futile to talk logic with ruffians and bullies like Raj Thackeray. Mumbai is not a fiefdom of anybody it belongs to India. It is the commercial capital of the country. The money from the whole country comes to Mumbai. Every single person, whether Maharashtrian or not has contributed for the richness and opulence of Mumbai. In fact, it is more because of non-Maharashtrians that Mumbai has become a real metropolitan city of the country. But then what can you expect from a person like Raj Thackeray, who considers his insanity as his biggest asset and quality. The remedy of such persons is put them behind bars for spreading the venom of regionalism and hatred against one or other section of the society. They need to be dealt with sternly and heavy hand. Soft attitude towards persons like him will act like oil in the fire and rupture the harmony of the country.

All said and done, the way Jaya Bachchan giggled in the programme after saying that ‘we are from Uttar Pradesh and we will speak in Hindi and Maharashtrians should forgive us’ was really in very bad taste. The tone, temper and style of Jaya Bachchan were reprehensible to say the least as it amounted to derision for Maharashtrians. Therefore, Jaya Bachchan must realise her egregious mistake and she must sincerely apologise for her puerile statement in the function. It cannot be excused, more so, because she is not only an actress but also a politician and the Member of Parliament. She should apologise to the country and not to Raj Thackeray, whose intention is not to develop respect for Marathi but to play cheap and dirty politics. One wonders whether Raj Thackeray has any sense of history, culture and Marathi literature or not. Seeing his thinking and conduct, it appears possibly he has none.

Corruption Galore in Judiciary

The news about the corrupt activities and misconduct of Justice Soumitra may not shock the conscience of many in the judiciary but it has certainly further eroded the confidence and respect of the general public towards this great institution. The constitution makers had never thought that the future judicial officers and Hon’ble judges of High Courts and the Supreme Court would be as insensitive and unscrupulous to be found indulging in corruption and other misconducts. A few years ago four Hon’ble judges of Karnataka High Court were reported to be found in a sex scandal. When it was published in prestigious newspapers, that High Court started contempt proceedings against the editors and correspondents of those newspapers. It was an outrageous act on the part of Karnataka High Court to say the least. The best course for the High Court would have been to conduct thorough investigation into the matter to come clean or initiated the impeachment proceedings against the tainted judges. The newspaper editors would have also rendered yeoman’s service to the society if they had allowed the contempt proceedings against them to go on so as to take such an important matter to its logical conclusion. But nothing of the sort was done; the High Court dropped the contempt proceedings on its own.

Similarly; when a scandal of this nature was exposed involving a judge of the Delhi High Court, the people reacted strongly. The media must be appreciated for not bowing down to the empty threats of the contempt proceedings. The judge had still left some sense of shame in him and he resigned before the matter would have blown further, although nobody could buy the reasons which he gave for resigning. He is now facing criminal charges in the session’s court. It may not be out of place that spineless office-bearers the bar association of the High Court showed their allegiance to the judge by expressing their solidarity. They appeared to be quite oblivious of the fact; it amounted to sending wrong signals in the society.

The Provident Fund scandal has raged controversy and fireball even in the Supreme Court of India. Many High Court judges, sitting and retired both and even a Supreme Court, are allegedly involved in the PF scandal of nearly Rs.24 crore from the treasury of Ghaziabad. Now in Soumitra Sen’s case the Hon’ble Chief Justice of India has recommended for his removal from service. Prior to his appointment as the High Court he was a practicing advocate in Calcutta. He was appointed as the receiver in 1993 in a law suit between Steel Authority of India Limited and Shipping Corporation of India over supply of fire bricks and in the way he had allegedly appropriated Rs 32 lakh. He chose to retain the money even after being elevated to the High Court in 2003 and parted with it only after the High Court ordered him in April 2006 to pay it back.

If the impeachment proceedings against Justice Soumitra Sen are initiated it will be the second case in the annals of India after the constitution came into existence. The first case was that of Justice V. Ramaswami, when he was a judge of the Supreme Court of India and it was initiated for misconduct in furniture purchases when he was the Chief Justice of Punjab and Haryana High Court. However, the only judge who was removed from the office in the independent India was justice Shiva Prasad of Allahabad High Court by then Governor General C. Rajagopalachari on April 22, 1949 accepting a report of the Federal Court. In fact, the objective behind providing the constitutional immunity to the judges was that they should be totally free from any pulls or pressures in dispensation of justice. The constitution makers had the bitter experience of feudalism and administrative atrocities. That was the reason that they ensured immunity to Hon’ble judges by providing the very archaic and almost impossible method of impeachment. With the passage of the time, however, everything has changed. Judges do not come from the ether world; they come from the same society which is menacingly advancing towards unspeakable corruption.

The law is said to be the vehicle for achieving the goal of the wishes and aspiration of the people. If the law cannot address to the problems in right earnest, it must be drastically changed to take care of the arising needs and difficulties. J.Veeraswami’s case that was decided by the Hon’ble Supreme Court of India was simply the interpretation of the constitution. But now the time has come that the Judges Inquiry Act should be thoroughly changed and overhauled so as bring the tainted judges to book to secure their easy removal. However, if they are allowed to live in the invulnerable and impregnable world of their own, then incalculable damage would be done to the judiciary in particular and the society in general.

People still have tremendous faith in judiciary and this can be kept intact rather enhanced when the judiciary remains free from corruption. Judges will have to set the example by leading it from the front but if they shamelessly continue to remain with their posts like leeches under cover of constitutional immunity, then nobody knows how much damage they will do. We cannot expect of the Bar Associations of today to take any lead because its leaders are themselves not above-board.

Make Kosi a Boon not a Bane

Bihar is again in the news because of its sorrow that is known as river Kosi. This time it has inundated thousands of square kilometre of Bihar leaving a trial of death and destruction. Lakhs of inhabitants of the state are in grip of floods. Bihar has always been a Cinderella for Central rulers. State leadership and bureaucracy are known to be neck deep in corruption. In fact it should not be treated an act of cruelty if the leaders and officers are summarily shot dead by making them stand in a single file for their dereliction and shenanigans.

Insensitive, inhuman, thoroughly corrupt and incompetent as they are the leaders and officers of Bihar never feel tired of passing the buck on others. It is the one and only reason that Biharis have been looked upon with disdain and derision almost everywhere in the country, otherwise how could any government at the Centre mete out step motherly treatment to the second largest state of India. The condition of the largest state i.e. Uttar Pradesh is hardly better that the neighouring Bihar because of the affliction by same deceases.

The Prime Minister has given Rs 1,000/- crore to meet the ‘national calamity and havoc’. The monetary help is trickling in good measures from other parts of the country. NGO’s and individuals have started contributing their mite to help alleviate the devastation and suffering of the people. But this will only be instantaneous.

Floods in Bihar are recurring endemics. This is not something that comes like Tsunami, Cyclone Katrina or even massive earthquakes which are absolutely unpredictable as on date. How long the governments or for that matter the leaders go on saying that being the low riparian state it has to bear the brunt of marooned rivers because of the torrential flow of waters from Nepal.

Anybody can it say it safely that the treaty between Nepal in India that was signed in 1954, more than half a century ago could not be completed because of internecine squabbles and indecision of leadership. If it had been implemented, Bihar could have become a model agricultural state in the country. The fertile land could have proved to be the bowl of granary; enough to feed nearly 65 per cent population of the country. But alas! That was not done and as a result of it Kosi could not be tamed proving to be the bane of Bihar.

The policy envisaged in 1954 a barrage on the Kosi, one of the most destructive waterways on account of heavy silt deposit caused by its mountainous course in Tibet and Nepal and simultaneous rapid average water speed; raising embankments above and below the barrage; and building a high dam inside Nepalese territory. It may be recalled that Hwang Ho River was considered to be the ‘Sorrow of China’ but when Chinese tamed this river it became a boon for them and it was done when the technology was not that much developed. What is distressing to learn is that normal de-silting operation of the river is hardly done for years together. Embankments are not repaired causing innumerable breaches; what to say of raising the ambitions dam for the benefit of Nepal and India. Massive production of hydro power can solve the constant shortage of electricity in both countries, which will accelerate the industrialization and improve the living standard as well as the style of the people. Needless to mention here that Biharis, except politicians and officers, are known for their hard work and limited needs. If any firm decision is taken in right earnest for turning round the state, it can be done without doubt but that needs determination and will power. Once it is done Bihar will achieve its lost glory. But the million dollar question is whether the leadership would rise to the occasion?

However, as of now the suffering people of Bihar need to be rescued at safer places. The entire country has to stand by Biharis to provide maximum relief and succour to them. Hopefully the country will not lag behind in this humanitarian work.