Shave your beard! Mr. Rahul Gandhi

When the country was debating over the landmark judgment of the Apex Court, which entitles them to register their “democratic dissent” over EVMs; something very weird was orchestrated by the first family of the Congress party. Mr. Ajay Maken kept down his phone and announced that the Hon’ble Vice-President of the party padhar rehe hain...

He rushed in! He said what he was asked to say! And he rushed out!!

This Ordinance, in its process and content, is no good. And it does not require any imprimatur from Mr. Rahul Gandhi, the Silent second-leader-on-command. However, he speaking and using hard words raised many eye brows both inside the government and outside.

“It (the Ordinance) is complete non sense. It should be torn up and thrown away. It is my personal opinion.” He said.

I could recall, Mr. B.R.Ambedkar using similar language in Rajya Sabha on 2^nd September 1953, where he said, 

“…I shall be the first person to burn it (the Constitution) out. I do not want it.”

Ambedkar’s frustration is clearly understandable. He said, he was a ‘hack’ and he did what he was asked to do, much against his will. Moreover, in his opinion, “(the Constitution) does not suit anybody”. But when RaGa chooses these languages I politely ask: Why you? Why now?

This Ordinance was placed before the Cabinet and the Representation of People (Second Amendment) Bill, 2013 was introduced in Rajya Sabha under your nose! Were you not aware of? Why this sudden rise of conscience now? Why this grandstanding after Milind Deora’s criticism and BJP’s President meet? Mr. Gandhi, You have to explain! And you have to explain more… why this new Congress line now? Is this UPA government not led by your party? Or have you decided to kick Lalu Prasad out and go ahead with Nitish? 

Importantly, Mr. Rahul! Your bossy élan! Ridiculous! By the way, was it an off-late image building from ‘jack’? Or was a desperate attempt to assert leadership? Have His Excellency tutored you well? Or have you realized that your Rasheed Masood can’t go through and will get pressed down hard under NOTA button, in any case?

Mr. Gandhi! As Mr. Jaitley said ‘damage control exercise’ won’t help! Everyone can see through. You could have been a little more honest. Belated realization, if any could have been communicated better. Snubbing the Prime Minister, when he can’t fight back and using these languages only shows your political iniquity. If you want to look good, shave your beard instead of lathering Manmohan’s. Contrarian approach and Back biting won’t get you vote. Why call this ordinance ‘Non-Sense’, when most of us personally think you to be the one? I sympathize!

A Split

 A Split, both telegenic and telly-bugging... A departure based on apprehension and assessment… A break up where both the partners play victim and no one takes the blame. Yes! It’s not Jiah Khan. Am talking about Janata Dal(U) and its divorce from BJP!

Here is a split, which not only shrivels the already slim NDA but has weakened the force that is anti-Congress. A split that speaks less on Narendra Modi’s polarization and more on Nitish Kumar’s dichotomy. Is it purely a clash of issues and Ideology; or there are things we do not know of? Not being privy to both the camps, it will be unjust if I endorse Sushil Modi, when he says JD(U) is apprehensive of its support base being dented; and equally it will be unreliable if I comment on the tightness of JD(U)’s embracement to the 3^rd resolution in our preamble, which Sikri, C.J. and Chandrachud J. calls to be the basic. But incredible is our political archives and incredulous is our political developments.

As a mugwump when I see it, I find it interesting. It is not after the “coronation” of Modi at Goa; it was already in the air before. And everybody heard it when Nitish screamed the necessity of using topi at the Ramlila Maidan. Their resolution might not have mentioned the Bad Boy’s name but, they say, it is indication enough. Surprising was when they set a dead line for BJP to declare their Prime Ministerial candidate because the Nation’s mood is increasingly tilted towards a Man, who is causing irritation to the Bihar Chief Minister. And even more surprising was when Nitish mistook 16^th June as 31^st December and calls it Off!

Nitish didn’t have any objection and was part of the alliance when the saffron party was satiated with Ram Bhakti. And the latest released video clearly confirms that Nitish was not suffering from NaMonia in 2003. Am glad Nitish didn’t call them concocted, and those pics there suggest that Modi was no-untouchable post Godhra. Ram Vilas Paswan stepped down. But where was Nitish then? Lalu’s allegation of ‘failing to order a probe’ holds some water and can’t be dismissed.

The country would have appreciated, if Nitish would have said- I want to split because I don’t like the tunic of a person, who is anointed as BJP’s campaign committee chief; but the jerry-built reason given is easily seen through. An agreement with SCS as consideration may be a possibility, Ineludible!

Pardon me, His Excellency! You can’t pardon

Sanjay Dutt was never in news for his professional career so much, as he is for his recent conviction. Upholding the TADA court verdict, the Supreme Court sentenced him to five years imprisonment in connection with his role in the 1993 serial bomb blasts, which shook India’s conscience and India's financial capital on March 12, 1993. Death of 257 people, with more than 700 getting injured flung Mumbai into chaos. In the mean time, three AK-56 rifles, cartridges, 25 hand grenades and a 9-mm semi-automatic pistol finding their way in Dutt's house threw him behind the bars.

Dutt had been released on bail in November 2007. Recently he pleaded before the Hon’ble Supreme Court to let him off on probation on grounds of his past good conduct, but his petition was rejected. The bench of Justices P Sathasivam and B S Chauhan said, “The circumstances and nature of the offence are so serious... they don’t warrant the benefit of the provisions of the Probation of Offenders Act”. While upholding the death sentence of Y A R Memon and the life sentences of 16 (of the 18) convicts the bench further pruned its liberal stand towards Sanjay by saying- We could not have given a sentence less than what is prescribed in law*.
*Section 25 (1(A) of the Arms Act states that if a person has in his possession a prohibited weapon without a licence, he shall be awarded punishment of not less than 5 years imprisonment and not more than 10 years

Fortuitously or regrettably, no verdict of the Highest Court is ever executed in silence. Politicians have to score points, colleagues have to show emotions and people like me have to write blogs… Anyway, Mrs. Jaya Bachchan, Member of Parliament, announced that she will meet Maharashtra Governor K. Sankaranarayanan to pardon Dutt. She subsequently got support from eminent scholars like Mr. Ram Jethmalani, Mr. Majid Memon; and politicians like Mr. Amar Singh and Mrs. Jaya Prada, who were never known to be on the bangs of any mercy controversy ever. Surprising pitched in Behen Ms. Mamata Banerjee showing solidarity to Sanju baba, and also joined in Congress leader Mr. Digvijaya Singh, who went on record to say- "Sanjay Dutt is not a criminal. He is not a terrorist. The atmosphere was bad in 1993 and he reacted to it like any child would."

So pardon him..! If my boss Mr. Ramesh Gupta wouldn’t have been Digvijaya’s lawyer, I would have asked him-Had a common man played this role would he have showed same leniency as he expressed for Dutt?

And interestingly the story didn’t end there. There were more tellers to tell it… Justice (retired) Markandey Katju wrote a letter to Sankarnarayanan, appealing to pardon Dutt. Pleading on humanitarian considerations, Katju J., said the power of pardon under Article 161 of the Constitution is different from judicial power. The Governor or the President can grant pardon or reduce the sentence of the court even if a minimum punishment is prescribed. Citing extenuating circumstances, he went on to compare this case with the Nanavati case and weighed it, in his great wisdom, to be a lesser crime than that of there. Though it is not unusual to see that a sympathetic ex-judges’ heart melting down for the cloud hovering over a convict’s head, however, the political divide between the Right and Mercy supporters was extraordinary.

However, I along with Mr. Mahesh Jethmalani, Sr. Advocate, are on very basic and fundamental point, which needs to be addressed first. In the chorus for pardon, we have failed to see whether the governor has the power to pardon at all! The queue in which Jaya Bachchan, Amar Singh, and others are standing, whether it leads to right person’s House! Whether Katju J.’s letter carries right address!

When this pardonwale mounted pressure, and media started hankering about Governor’s mercy, as a poor student of Constitutional law I asked myself- why not President? In which cases President pardons? In which cases Governor (as a follow up question)? Excitingly I opened up my bare act, putting aside my watsapp. But that little book told me something strange. How can eminent jurists like Kaju J. go wrong? So many scholars can’t be ignorant! But can’t distrust my reading of law also. At least Prof. Mustafa taught me this much. I can read and tell you what the law speaks, if can’t interpret it otherwise. Fortunately I have a friend who always supports me and listens to me…even if it is going against everyone. She gives me a chance to speak up! And this blog gives me a chance to write down!!

Anyway, coming to the topic straight, will reproduce the provisions of Constitution for those who don’t have one…
Article 161: The Governor of a State shall have the power to grant pardons…the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends.

Therefore the power of the governor is not absolute. The bold letters in the above para is self explanatory and determines the scope of governor’s power. However the subsequent article i.e. Article 162 makes it further clear. It reads:
Article 162: “…the executive power of a State shall extend to the matters with respect to which the Legislature of the State has power to make laws.”

Therefore Schedule 7, List II i.e. the State List determines where the governor can pardon. But the present case in hand does not find in anywhere in the list except Public order. However arms, ammunitions, terrorism is not part of Public order, as the argument developed by the Union Government while formation of NIA. On the contrary, the most fitted one is entry 5 of List I (Union List) i.e. Arms, firearms, ammunition and explosives. Therefore it is not within the power of state government. And to put it straight, it may be anyone else but not the Governor who have the power to pardon.

Obviously, I don’t enjoy the power, neither does my elected representatives. So it was to be an executive. Anyway the cumulative reading of Article 72(1)(b) and 73(1)(a) gives us an answer. Therefore, in this case the president can pardon Dutt.

Therefore the only recourse available to Dutt is to plead before the President or to file a review petition. Secondly, I will most humbly urge Katju J to stand corrected and request him not to put undue pressure on Constitutional body (President or Governor) by asking for mercy when Dutt has decided to surrender before expiry of the Supreme Court deadlines. When it is nowhere near to the mandate given to him as a chairman of Press Council of India, Self adornment of this duty and claiming right as a citizen simplicitor, doesn’t justify.

Pranab’s tainted Resume!

Let’s not get distracted with the competitive ambitions of PM aspirants. Let’s not the pure ego of Lee and Hesh rag us much. Let’s not attach too much importance to what Abu Jundal is singing inside the custody. Let’s focus on the Big News- Mr. Pranab Mukherjee’s ride from North Block to Raisina Hill. Am neither interested in entering into a discussion with Mr. Punj as to Should a failed FM be made the President? nor is willing support the candidature of Mr. Jethmalani, whose grievance is- his friend Pranab concealed the names given by Germans and French. Simply, my problem here is: Am a little worried as Mr. Mukerjee’s questionable integrity might sully the ‘sanctity’ of the post, which the Hon’ble Supreme Court in P.J. Thomas case attached too much import to.

Mr. Pranab Mukherjee
Photo Courtesy: Ennapadam Panchajanya

The importance of this write up is- its Urgency, both in intervention and in fact finding. My close buddy might argue clamorously, but Art 361 will not heed to her Understanding of law and will keep averring “Nothing Doing”. Hence all dust needs to be cleared of and all dirt needs to be absolved before his much Awaited Walk. 
Following are some of the charges against him:

Navy War Room Leak 

Mr. Mukherjee is no relative of Wing Commander S L Surve nor is he the custodian of the 'Directorate of Naval Operation' but his interview to CNN-IBN’s Karan Thapar in 2006 dragged him into the controversy. Handing over the investigation to the CBI on Feb 18, 2006 did lessened public angst but didn’t immune the Defence Minister from further questions. 

·        Why no criminal investigation was carried out against Abhishek Verma, Ravi Shankaran and Kulbhushan Prashar?

·         Why the three commanders- Vijendra Rana, Vinod Kumar Jha and Captain Kashyap Kumar, who were sacked under the “Pleasure Doctrine”, were not Court Martialed?

·         The Outlook magazine pointed out that the delayed response by the Defence Ministry gave Shankaran enough time and opportunity to escape. Therefore question arises why Pranab wanted to shield those who collectively and individually compromised the security of the country by smuggling out “classified naval information”?

·        When CBI in its report to the court clearly states that the information was relating to “National Security” and includes ‘Standard Operating Procedure of PECHORA’ and ‘Highly Sensitive information as to Directorate of Naval Operation’, why Mr. Mukherjee didn’t want an investigation and avoided it saying they were of “commercial” nature? (See para 24 and 26 of the CBI Report).

Scorpene Deal

Don’t give a goggle-eyed expression now. Yes! It is Scorpene- One of India’s largest scandal. On October 2005, Mr. Mukherjee signed an arm purchase contract with Thales, a French company. The allegation is- 4% commission is received by a few middlemen on behalf of the decision makers. To make it easy, the kickbacks are over Rs 500 cr in INR. On Feb 22, 2006, Mr. Mukherjee told the Parliament that the deal had no middlemen. But the email exchanged between Abhishek Verma and Jean Paul Perrier on July 13, 2005 proves otherwise. Pranab defended saying it was 'forge', however, the telephonic conversation with Ravi Shankaran clearly corroborates the allegation.      

Rice Export Scam

Again a Rs. 2,500 cr scam! Compromising India’s food security, non basmati rice was exported to Ghana and other 20 countries at cheaper rate on the grounds of Humanity. But this gesture turned out to be a dubious one. The question here is: Why Amira Food (India) Ltd.? Why wasn’t it a government-to-government deal? Why didn’t govt use the Food Corporation of India (FCI) and Shipping Corporation of India (SCI)? Exporters were facilitated to bypass the ban and capitalize on the rising international market prices (i.e. $670/ton). Mr. John Evans Atta’s government launched an inquiry into this and wrote a ‘Letter of Request for Assistance’ in relation to a criminal investigation conducted by the Attorney-General Deptt, the Bureau of National Investigation (BNI) and the Criminal Investigations Deptt. (CID) of the Ghana Police Service. A seven page letter is received by India from the Attorney General’s Deptt (dated August 13, 2009), requesting under the ‘Harare Scheme’ to investigate into the role of then External Affairs Minister of India along with others.{See: Page 4 of the Letter. Reference No.-AGD/PD*2/5A/01/09 (the exact number becomes difficult to identify as they were hand written)}. But unfortunately no concrete step was taken and an eye wash was done in the form of an internal enquiry by the Commerce Ministry. India’s Commercial Humanity. Huh?

Apart from this, there are other allegations also. For instance, Pranab pressurized SEBI to go easy on Reliance, Sahara, Bank of Rajasthan and MCX-SX. The letter of Dr. K.M.Abraham, to the PMO narrates the instances of Calculated Assault on the regulatory framework. (See: para 7, 11, 14 and 15 of the letter dated June 1, 2011. Ref. No.-  SEBI/KMA/2011/17495) However, we will not discuss this here, as the SEBI Chairman Mr. U.K.Sinha has denied the allegations. But it needs to be investigated. Secondly, the former journalist Anuj Dhar claims that Mr. Mukherjee was behind the ‘cover up’ on Netaji’s air crash and goes to the extent of saying that he is “India’s foremost proponent of the Bose died in Taiwan” theory. Nonetheless, we will wait for his book- “India’s Biggest Cover-Up” to come up.

I have no objection when a tainted Man continues his law practice but certainly I don’t want a Man having colored past to be my President. Therefore we demand an independent investigation into all these allegations against Mr. Mukherjee, before he can claim his Presidential Immunity. Let’s not belittle our Highest Office! Let’s not allow a Man with tainted resume! Let’s ensure our Excellency is not excellent in Corruption!

Mamata: A case of Marginalization!

When I address my Best friend as the President of India, I see for her- a Big black car, the Silver Trumpet and Edwin Lutyens’ architectural adobe, and not certainly the Politics of Convenience or Opportunistic Smartness… Unfortunately, the Race-2012 turned down to be that- a game where what matters, the most, is: whose move is more Measured and more Calculated. If tomorrow, Independent India sits down to check it’s achieve, it will by all odds spend a few hours on the upshots of 2012 Presidential Election. The Rush from Certainty to Incertitude and again Redo of all mess makes it Special, and not just the magical number - 13, I believe.

If not two months old attempt of Sushma Swaraj, it was V S Sampath’s 12^th June EC News Conference that blew the whistle and Mamata Di was the first one who heard it. When other regional leaders were occupied with their domestic affairs, Mamata appeared to be a Game-Changer in the Capital. She got media attention more than Sunny Leone and her each move became BREAKING NEWS. A quick meeting with the UPA Chairperson and the Declaration of names revealed all secrets. Congress may slam her for Lack of Decorum and Discourtesy but that’s how Mamata Banerjee is. Thanks Di! She ensured every single TMC leaders get an opportunity, at least once in their political career, to climb up to the studios of leading news channels… Disaster! Cataclysmic English and no sense of what’s going on... Anyway, Strategy was crediting her attendance in Akhilesh’s swear-in. All was Well before getting Ill. The M+M Combo (Mulayam and Mamata) was successful in threatening Congress Men and outstandingly came up with an over-the-top proposal i.e. the sitting Prime Minister was proposed to spend his time in the “Retire Bhawan”. Ooopsss.. Rastrapati Bhawan! Amazing! I call it. Nowhere in the history of the world, perhaps!!

Choice was not- ‘what they want’ but off course ‘what they want not’. Any Bengali but not Pranab Da and any Muslim but not Ansari Sahab- was the litmus test. The permutations yielded three names but 7RCR out rightly rejected all of them and Samajwadi Party, forgetting all ethics, backed it. Mamata got her reality checked. She came, She dictated, She periled but she returned Unconquered. Mulayam ditched her, Congress snubbed her and Delhi rebuffed her. Pranab’s victory became the Foregone Conclusion.




Also Visit:
http://www.scribd.com/doc/13742999/Is-President-a-mere-head-in-India

Communal Violence Bill, 2011

PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS

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a Political boo-boo!!

 “Shut up! Go and Enjoy… Insaan toh ho nahi, Match kyun dekhoge?”                                                 Every sports blasé guy, making a call might have got a reply like this or, its synonyms!!  On 30.03., watching cricket was a have to, an alibi and the obsession. And Bunking class for that was No offence! Cri de Coeur for a projector but ah! Unsupportive Administration…                                                      

One TV and the Entire Hostel! When excitement is at acme with mounting tension and unusual blood pressure on every change of numerical (in the board), Camera staring at someone sexy with shades & her saheliyan, had little to appeal. However the most ho-hum episode was commentators and cameramen repeatedly registering courtesy to Political Gents. Fans and Followers, who failed to get a ticket, even in black, had nothing to do with Cricket diplomacy or Congressmen feel. But yes! It is a story, here, for coverage!

“Let the game be a game…” and am ready to buy this statement from Mrs. Swaraj, if not in totality. Well! When the Peace process between India and Pak appears to have restarted, am not against PMs and politicians taking my seat that day, but will definitely expect an answer as to how successful the statecraft was. What Assurance and Assistance was guaranteed?

Today, what India badly needs is Constructive and Continuous dialogues, off the cricket marquee! However was this Cric-Politics meant to change the public mood on WikiLeaks? Or was it a desiderata eyeing asli cricket in five states? Whatever it may be, Indian will not let off corrupts! Anna Hazare will not reschedule 5^th April fast! The Apex Court will not mind repeating “What the hell is going on...”! And ‘India Against Corruption’ will not stop getting thousands more Like in facebook. Mr. Prime Minister will be reminded of taking action on Shunglu and the CAG's report, in time. What we failed to understand is- THE NEED for this whole maneuver in the way, it was? …the design was just another miscalculation and a political boo-boo..! We here enjoying final but ..eh You! Don’t forget, we have an eye on those 8,000 pages also!!

WHY 20+18? And not 18+20?

No matter how good or bad 30/12/09 was for me… But it was safe for Soren, the supremo of India's regional Jharkhand Mukti Morcha (JMM), who took oath as chief minister of Jharkhand for the third time. JMM, which has 18 legislators in the 81-seat state assembly, formed the government with the support of 20 members of BJP and its coalition, which includes five of the regional AJSU as well as a few independent candidates. Are you aware of the election in Jharkand or not?

But, Mr. Satya, the poor boy in politics as well as in math, could not able to understand WHY 20+18? And not 18+20?

When BJP have the power, why it has to go to the JMM and say, look I support U? Is it like Bihari Mills case (Reverse merger case) or is any strange idea in field? Even if BJP comes but why it tolerated Sibu as CM?

SOren is neither going to handshake with yesterday’s Advani nor today’s Sushma Swaraj in the Ramjanmabhoomi Andolan. JMM and BJP had no dosti or dostana prior to election. I mean they don’t have pre poll alliance. It is not, even that JMM has taken an oath to have alliance with communal party always; they were with anti secularist UPA led govt. also.

But why??

My father told me it may be to keep Congress aside. If BJP does not agree to see Dishom Guru as CM and Congress agrees, then BJP may have to say bye! bye! again and for God’s sake which BJP or for this matter any party in India at least will not want.

Or Bhupendra Chaubey will say you "...the BJP snapping on his heels, looking for a chance to grab the CM's post on its own if Soren gets stuck with legalities." 

at LAST.........

Mr. Media (the 4^th pillar of democracy) said, “L K Advani on Sunday attempted to REFASHION Hindutva, as an inclusive, tolerant philosophy which was not averse to change with the changing times.”

But I believe, “L K Advani on Sunday attempted to UNDERSTAND Hindutva!!!” If what he said is not to gain political mileage but what he accept as true, then I must say, AT LAST HE UNDERSTOOD IT. The people of India could able to bring these people back to the track. The Janadesh of 2009 has really worked.

On the last day of the BJP's two-day national executive meeting Advani said adverting the 1980 Vijayadashami speech of former RSS chief (Sarasanghachalak) Balasaheb Deoras,"… is changing and that it has to change further. It is a sign of their evolution. That which doesn't change is not living, it is dead."

I doubted is he that Mr. Advani? When he said: "How can a people believing in the dictum ekam sat vipra bahuda vadanti (truth is one, sages call it variously) ever become champions of a state which would uphold the interests of one religion at the cost of others?" He agreed that equal treatment to all regardless of their personal faith is integral to Hindutva. He mixed both “Hindutva” and “Hinduism”; and said that they (himself including party) also go in accordance with the 1995 Supreme Court view that described it 'a way of life’.

Hindutva is an art of living and not a political shibboleth or ethos.

ha! ha! bull's eye asked sth.

are indians angry with upa govt.?

We the people of India (the usual dull expression) still after the 60 yrs. of partition, very much interested in the co-habitation with our people living in Pakistan. We still dream about "Akhanda Bharat", when we think of India. We never tried to fight with Pakistanis. We are not angry with UPA. It will hardly take time to hang Kasab or our military to nude Pak... but no!

The blood of Indian is the blood of tolerance, the blood of sympathy, the blood of kindness and the blood of love...and see! we are now the Super power standing before the world and on the contrary the fooled Pak is a failed Pak, unable to secure the life of its citizens and threat to the humanity.

INDIA: THE SUPER POWER and I must also repeat the statement of our lovable PM, "No power on earth can stop an idea, whose time has come."

Why NDA had lost recent elections in INDIA?

I was just searching for an answer regarding international trade law in yahoo answers and suddenly came across the said question. I just jot down the following points and submit in the yahoo answer for the rest of the world to see...
-ve campaigning
lust for power (kurshi fever), without considering welfare
cheap dialogues
hash strategies
communication gap b/w voters and leaders
not secular
to an extent lack of leadership
no youth star
priority to IT rather than EAT (poverty)
no more National Democratic Alliance but Non Democratic Alliance

I believe, this election, as Saba Naqvi had said, told the politicians that regional pride, caste, religion won't bring votes.

see my other answers here

is CBI trying to please Soniaji!!

LHO, SBI, Pt.J N Marg,
Bhubaneshwar
Orissa - India

Enter into the lift. Press 3. Now you reached- Come out- Push the door- the third table. There I was sitting today after returning from the Bhubaneswar court. Suddenly I came across an Oriya newspaper. News relating to the clean chit to Mr. Ottavio Quattrocchi…

The Interpol, at the request of the CBI, has removed the name from the long standing red corner notice to arrest Mr. OQ. But why? Why is the CBI not interested to arrest Mr. OQ? Is CBI trying to please Soniaji? Simply I don't know...

The Bofors scandal was a major corruption scandal in India in the 1980s. The defeat of Gandhi's ruling Indian National Congress party in the November 1989 general elections made it special and imperative than any other. In 1984, a tender was floated for howitzer guns for the Indian Army. Despite objections from the army itself, the order went to Bofors. A $1.4 billion contract was signed between the Indian government and Swedish arms company AB Bofors for the supply of over 400 15-mm howitzers. The scandal erupted in 1987 when a Swedish radio report claimed that the company had paid bribes to secure the contract. The incident was a major corruption scandal in India in the 1980s. Prime Minister Rajiv Gandhi and several others were accused of receiving kickbacks from Bofors AB.

Among several others chargesheeted, the CBI named Quattrocchi as the conduit for the Bofors bribe, who was an Italian businessman who represented the petrochemicals firm Snamprogetti. The major part of the scandal was in the bank account of Mr. OQ. But he was not arrested because he was close to the family of Mrs. Sonia, the wife of then Prime Minister Rajiv Gandhi. Mr. OQ emerged as a powerful broker in the '80s between big business and the Indian government. In July 1993, he escaped from India. After this incident to the shake of doing something, CBI issued a “Red Corner” Notice but did not submit the documents in time.

In 1997, the Swiss banks released some 500 documents after years of legal wrangling and the Central Bureau of Investigation (CBI) filed a case against Mr. OQ.

The CBI in December 2005, requested the British Government that two British bank accounts of Mr. OQ be de-frozen on the grounds of insufficient evidence to link these accounts to the Bofors payoff. The two accounts, containing € 3 million and $1 million, had been frozen in 2003 by a high court order by request of the Indian government. The accounts were de-frozen on January 11, 2006. On January 16, the Indian Supreme Court directed the Indian government to ensure that MR.OQ did not withdraw money from the two bank accounts in London. Even after this the CBI, on January 23, 2006 admitted that roughly Rs 21 Crore, about USD $4.6 million, in the two accounts have already been withdrawn. The British Government released the funds based on a request by the Indian Government. At the time a Congress-led alliance was in power, and Sonia Gandhi, as President of the Congress Party, faced considerable criticism for this sudden U-turn by the Indian government.

However, on January 16, 2006, CBI claimed in an affidavit filed before the Supreme Court that they were still pursuing extradition orders for Mr. OQ. MR.OQ was detained in Argentina on 6 February 2007, but the news of his detention was released by the CBI only on 23 February, stoking claims that it may have been suppressed by the ruling Congress government because of state elections. Mr. OQ has been released by Argentinian police.

Now, this clean chit to Quattrocchi has raised the question who will investigate the so called “Central BI”? Let the CBI come to the fore and make its intention clear before the people of India...

Bak Bak Karne Ka Aadat Padgaya

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disagreement with Mr. M. J. Akbar

Today after a heavy lunch, when I was siting in the library, my friend brought a book of M J Akbar, the BYLINE. Usually I like the writings of M J Akbar in Times of India. So, I immediately took that one from him. I have a different style of reading a book. I never go to the first page to begin with. I start reading from there, which comes just by opening it randomly. Fortunately or unfortunately the page which came by the very first opening was titled with “Is Atal Behari Vajpayee a Hindu?” It was a marvelous piece by him. After going through it I turned both the next and the previous page. The writing preceeding to that, was similar to the writing what I have already gone through. It was titled as “Was Jawaharlal Nehru a Hindu?” I became more anxious to go through it. That was also a good piece. So, after returning home, I was in search of that book in the internet. But I stopped at an article…

Don’t take the Indian voters’ silence lightly; M J Akbar started his writing with these few words. In that article Akbarji has narrated Indian voters like most intelligent, both responsive and responsible citizens. After going through, I was astonished, is that M J Akbar, is writing this? whom I believed as have really understood the blood of Indians. He goes to the extent of saying
“Never confuse the Indian voter’s temporary maun vrat with the silence of the lambs. This is the silence of tigers, as they pad noiselessly towards their quarry, shattering the air of the jungle only once, with a roar with the final leap towards the prey. When tigers feed only once in five years, the casualty rate can be terrifying.”
But I will say you, the people of this country are neither responsive nor responsible. 60 years of time is not a less time. The country which started its journey with starvation is standing today with the same problem but with different form. Maowadi, Naxalwadi and many other wadis is the reality of today’s India. NDA may say it as “India Shining” and UPA may term it as “Bharat Buland”. This is nothing but due to the so called silent voters, who never raise voice.
Democracy is all about choice. But in this democratic country, people did not know how to choose. Sometimes they go by sympathy, sometimes by gender biasness, sometimes with communal brigades, and sometimes with so called Dalit leaders.
Election is ahead. Now Congress has something to do with Aam Admi, and BJP has something do regarding Ram Temple and Ram Sethu. Apart from this Rightist, there is someone in Left (the Lal Janda wala) which has many things to do for the bourgeoisie and proletariat. I have nothing to say regarding the third fonts, which is considered by Advaniji as Jantake Monabhav ke sath kilwad (playing with the people).
People in this country voted Rajiv Gandhi on sympathy, and as Prof. Mustafa, the great constitutionalist of this country, used to say, people in this country are still voting for Madam Gandhi, when she has passed away more than two decades ago. The first ignorance, which the people of India have shown is when they voted for Muslim League to purify this land from British. When this is the level of understanding, how can you say the people are silent today and they will speak on the ballot paper tomorrow? When people are ready to go with Muslim League, Ram Sena, this Sena and that Sena, how can one say the voters of this country are mature enough to make a good choice? When minority of this nation votes for the party, which is favouring them, just to create vote bank, how can one say about democracy? When people are incapable of making difference and making decisions, thousands time saying voters are tigers (Sovereign) and they will respond intelligibly may not help.
The politicians know very well, at the end of 5 years, people will never recall the performance of last govt. No one has the time to record the performance also, in daily dairy. And the politicians are very much sure also that the Re 1 rice will determine the fate at the end of the day. In this situation, if you say voters are mature and pressing the button of ballot machine is the expression of intelligence, sensitivity and understandings, then I will ask “are you crazy?”

Mr. Varun Gandhi its India...

Very often it is highlighted by the intellectuals of all shade that India is committed to the democratic cause of helpless and hopeless people not only within India but also to those people who have suffered greatly from the exploitative, imperialist, and fascist regimes of the world irrespective to colour, religion, sex and other divides. In this stage the disturbing speech of Varun Gandhi, made the country debate on it from various dimensions and perspective. After going through Syed Ali Mujtaba's write up I made my mind to write something on this.
Well, in a democratic country like India, everyone enjoys the right to freedom of speech and expression. But it is to be remembered Art 19 of the Constitution of India, does not gives license for unnecessary talkativeness. Varun Gandhi is now claiming his speech was doctored. Its fine, if it is true and is proved, then it is well and good. But if Varun has really said so, I am sorry it's unfortunate. Varun should keep in mind it is not that communal country which he is thinking up. It's India - the land of diversity, where many religions and creed have come from outside. We are those Indians who have welcomed them, embraced them as our brothers. They lived with us and flourished, mingled in this land. After the partition of this country, nothing under the Sun would have prevented us, that day from making this India, as a Hindu Rastra. But we go for
Secularism. That made us different. Today we stand as "the" world power, but the country, which Muhammad Ali Jinnah, made that day, saying "minority is a Nation"is today standing before us as "a failed State". Mr. Varun's communal speech will hardly make any difference, when harmony and brotherhood is in the very blood of this nation!!!

Thanks to my great Constitutional law teacher, Prof. (Dr.) Mustafa, I think differently…

let me tell u sth.

When I signed in to preview my email at swainsatyaranjan@yahoo.com, I found a mail from Mrs. Medha Patkar, an admired social activist, former Commissioner to the World Commission on Dams. The mail was titled as Three Day Bal Mela of Thousands of Children Culminates in the Narmada Valley. On Friday, 16 January, 2009, I had received an invitation mail from NBA to that Bal Mela. But unfortunately I could not able to go. By the way after getting this mail, I suddenly decided to write a few lines about my internship in “Narmada Bachao Andolon” (NBA).
I along with my six colleagues reached “Bhadwani” (MP), where the NBA office located on the dazzling morning of 17th May 2008 with a new vigor and energy for intern. I chose to do my intern with this because I am very much fascinated in movement or institution which concerns to the interest of the tribal and the poor at large. The main objective of my intern is to erect an understanding on people’s movement and develop my own understanding taking both the sides i.e. the people and the State, into consideration and to enlarge the horizon of knowledge from the simple approach to a more complex understanding of violent systems, the perpetuation of these systems by narrow political tactics.
The media bequeath the happenings outside the four walls of our house. But sometimes it conveys the news in such a way that people get the completely negative image unlike me about NBA. I learned from the society where I live in, that the activist and the supporters of the Andolon are anti nationalists and against the development of the country. But after going to NBA, I could able to know that nothing could be more devastating to the nation than permitting the narrow minded politicians to live and rule in this country and oppose NBA. The politicians want to defame and create a false depiction of the Andolon so that the barriers in the process of corruption will be out for the days to come. What not narrow politics do??? The soot in my mind has gone.
The main issue for which NBA stands before the govt. is the "Rehabilitation and Resettlement"- (R&R) of the displaced and affected people. According to the Narmada Water Dispute Tribunal (NWDT), every project-affected family (PAF) should be given land one year prior to the submergence of their land and be rehabilitated completely. But the govt. ignores it like anything.

A EVENING WITH TRIBALS..
In the evening we went to Pichodi, where we met Hari Bhai and others who enlighten us with their experience of many years. The statement of Hari Bhai is mentionable here. “The nature has given us everything. There is nothing to be done more. Govt. should sit ideally because nothing more is to be done but the govt. is destroying and devastating the grants what nature has given us and…”
For the next two days, we had gone to many villages like Baguda, Kundia, Pipri, Piplipat, Chota Borda, Burlai, Sagaon and other where we could able to know a lot of things about the submergence areas. There I have to admit that all this was partly the result of extraordinary crafty tactics on the part of the govt. on the one hand, and obvious official stupidity or naïvete on the other hand.

PRESS CONSULTANCY: A MEMORABLE EXPERIENCE
On 21st to 22nd May, we have attended a press consultancy of the media persons across the country. It was a two days consultancy held in Babangaja. It was in the memorial of the lt. Sanjay Sangbhai, who was not only a journalist but also a ground level activist, writer and litterateur. He was the most effective intervener and strategiser in the present world of corrupt politics, corporatisied economy and increasingly consumerist society and a man of vision, strategy for transformation, culture and ethics, whose commitment were not merely verbalized but practiced. Mr. Amit Prakash and Mr. Chinmaya Mishra were the main attraction of that consultancy. Mr. Kurian, Mr. Himansu, Mr. Robin, Mr. Santanu Mayur, Dr. Saheb, Mr. Shriprakash, Mr. Devesh, Ms. Chitrangada, Ms. Namita, Ms. Bhumika and others were also present in the consultancy. All the invited persons are welcomed by the villagers of Pipri. There held a detail discussion about the Development Paradigm, People’s Movement and the media. The inaugural session was with a struggle song by the people, which adds a great spirit within me. Mr. Chinmay Mishra gave the welcome address. Mr. Amit Prakashji and Ms. Medhaji gave a light about the theme of the development, media and movements. In the 2nd session of that very day, there was a brief discussion about development and displacement, land acquisition, rehabilitation and other laws related to the issue of displacement. On the 3rd session the major discussion was about the privatization of water, water management, Big Dams and other alternatives by the Manthon Team. In that discussion the Hon’ble speaker gave a glance over the privatization of water and the Water ATM or the Pre-paid water metre, which is now used in South Africa. The stage agreed in the same point that it is the most stupid idea of the age. The most important thing which Ms. Medhaji brought to the fore front is that Gujurat is using only 6.5% of the total generation of the water. She criticized the govt. plan of sending water to Rajastan in a strong voice. She compared it with the transferring of capital of Md. Toglak. As the people dies before reaching the capital, similarly the water will die up before reaching there and its not the joke but the reality. In the 4th session there was detail discussion about the Narmada Valley and the SSP project.
People’s movement and the role of media was the topic of discussion on the 6th session, which was held in the very next day i.e. in 22.05.08. In the 7th session the discussion was regarding the media in the present scenario. In the last but not the least there held a very important discussion what can media do? In the another session of the day Ms. Bhumika gave a glance of reality how the editors emphasize on TG (targeted group) and reject the news relating to the social issues. On that day we went to partee, where there was a great breach in medical service.

A DAY IN BHADAL
On the very next day we went to “Bhadal”, a village in the state of Maharastra, which is very far from peoples’ reach. It was a completely a different experience where we had to cross the river to reach over there. During our travelling Medhaji told many things related to dam. There the people and the little school children welcome us in a very fabulous manner. Today I could also recall their slogan “paper wala, kaida wala (they were calling us Kaida wala, as we are the student of law) kudin chha, media wala ….aamra chha and the song of indore wala jaldi aao…cycle chadhi..The environment was a heroic one with the slogan of aamu akha.. eka se by Medhaji. In that programme people shared their experience how the govt. officials drove them in the night, when the river was rising, like anything. The people over there didn’t get any land for their land which was submerged and been made victim for the next generation to come. From this it is very much clear that Victimization is not completely only a North American phenomenon but also in India where the constitution commands for, as Beacon said, Greatest happiness of greatest number. Ms. Medhaji is also running a primary school named Jivaansala, which is building the generation both by educating them and making them aware about their rights (“Jeevanshala Ki Kya Hai Baath…Ladai Padai Sath Sath” (The fact about Jeevanshala is that Struggle and Study goes together), and “Bacha Bacha
Seekhegaa – Andolan Chalayegaa” (Each child will learn and participate in
the Andolan).

A DAY OF LEARNING
On 24th May, I went to RTI office with Ashishji for inspection. There I could able to know a lot of things from Ashishji and others which might not be possible by going through the heavy text materials regarding RTI. After that I went to Mr. Goha, who is the Rehabilitation officer of Thikri Tehsil. I had a brief talk with him about different policies of rehabilitation and others. Some of my friends on that day went to “Piplud” with Medhaji.

A NIGHT IN SAGAON
In Sagaon, we stayed in Hukum Bhai’s house for two days and done the survey of the village. We have also done the survey of those people who are denied of rights of getting land for land and whose major sons are not given the land, showing “encroacher” as the reason. At night after our dinner, Hukum Bhai told a lot of things from both history and mythology about the Narmada River and the Narmada civilization. He told us about the “Sulpaneswar Shiva Temple”, where Markanda Rishi worshipped Lord and in that place Lord Himself had washed His Trident, bloodshed by killing one devil. This temple has already submerged by the dam water. He also told us that the skeleton of the man of primitive was found in the Narmada valley and the Narmada civilization is the 1st civilization. He further added that 1st agriculture was done in “Chikalda”, which is in the Narmada valley. Hukum Bhai is also a supporter of the Andolan.

A MEETING FOR THE REPLACEMENT OF THE TEMPLE
I with one of my friend had attended a meeting, held in Bodhwada, with Ashishji. The SDJM and the SDOP were the chief quest of that meeting. The meeting was to consult the villagers regarding the replacement of the “Budheswar Mahadev temple”, because we are in the so called State of DEMOCRACY, where public opinion is given prime importance. That was the temple of 12th century. It is also believed that this Lord is discovered from the land and there is a cave under that temple. The Lord is also called “Deaopat Ling” by the villagers. The meeting will be memorable one because I have never seen such type of govt. officials before. “…I am not bound to answer each and every question” said the esteemed officer. So, I directly told him that as a govt. official you are accountable and answerable. “….we can’t, you can go to the upper officials.” On the reply, I told him that if it is the system directly to go to the upper levels then why are you?? After the meeting I requested him to answer some question. But the SDOP, Mr. J. Darore, sharply denied, stating that it is his choice. Then I told him that from the date you sit in the public office, your life is no longer private.
This is democracy or demoncracy!

A PATHETIC EXPERIENCE IN MACHALIA
After Sagaon, on 28th May, we went to Machalia, which is in Nanpur. We and the students of Solapur, went there with Kamal Bhai. The Jobat planning is also called Sahid Chandrasekhar Azad Planning. Among one of the affected thirteen villages i.e. Umada, every facilities for rehabilitation has been made but they are not provided those facilities. One of the interesting as well as regretful incident I came across was that a cheque of a Project affected man was issued in another’s name. So, he is going to the bank each and every day from 10-5pm to deliver the cheque. It was told that 9000 hectar of land will be irrigated but it has not yet done even after the completion of the project. In this village we stayed for a day. But this was a pathetic experience. There were no facilities available. We slept outside like in Sagaon. But… a hot day with… (“…” not to remember bad experience. )

TWO DAYS IN A BEAUTIFUL VILLAGE
Bhawaria is a very beautiful village. That will submerge in 138m height of the dam. The survey is not conducted in that village. A large no. of people have received only 1st installment and could not able to purchase the land. So, they could not able to get the 2nd installment. There was the large nos. of case related to forgery registration and ex partee allotment.

A VISIT TO NISHARPUR
My self with one of my friend went to Nisharpur to do a survey regarding the Special Rehabilitation Package. There we stayed in one of the activists of NBA. The daughter in law of that activist uncle was very hospitable. For the first time in that long month, I got good food just like prepared by my mother. But the people in that village were very uncooperative. We could not able to complete the survey. One of them tried a lot to convenience the people. But all his labour was in vain. We have to return without completing the survey.

KEVADIYA: AN EXCELLENT EXPERIENCE
I and my friends with Wilson, a student of Tamil Nadu, went to Baroda, on 11th June from Barwani to attend the public meeting & press conference which was to be held in Kevadiya near to the dam site. Kevadiya is a village about 100 km. from Baroda and the Sardar Sarovar Dam is just 8km from the village. There the govt. has taken 1700 acres of lands of the villagers for construction of dam but 1400acres are not of any use. So, it is constructing its own buildings, quest houses, restaurants etc. But the people over there were in relay hunger strike for the last nine months in protest of it. The govt. is not listening anything. Medhaji joined with them and make the official to accept the grievance of the people and the official promised to return the land of the villagers within a month. The people went for a rally after that and I with some of my friends return to Baroda with Medhaji. The returning trip was the interesting one. The DSP with police came and stopped us to go to Baroda because the collector and the SP have told that there is danger to Medhaji’s life. After the long time the police allowed us to go further and accompanied us up to the station. They also came with us after leaving Medhaji in the station. They compel us to give all our details, took our photos and accompanied us to the border of Gujurat. This was our last visit to the villages, which will be memorable for the days to come…

ENDING UP WITH…
Nothing left to say more than saying that what is going on over there in the name of development is not right… if devastating the brilliantly settled village, snatching the smiles from those innocent faces, obliterating the natural world, spreading clamor amongst the people, sitting gently after pushing those lives into the whirlpool of water and violating the constitutional & fundamental rights is development. Then I will surely say NBA is against development. The soot which is in my mind about NBA disappears after coming here. May the people understand the movement in the right sense and give strength, support to lead the nation to the heights?