Monthly Archives: August 2018

Every fraternity has its black sheep. The Men in Black are no exception. The clashes between law practitioners and law enforcers in New Delhi have prompted the Bar Council of India (BCI) to ask various Bar bodies to identify lawyers who are indulging in hooliganism and bringing the legal institution into disrepute. The profession has also been tainted by the influx of unqualified persons. Aam Aadmi Party MLA Jitendra Singh Tomar had quit as Delhi’s Law Minister in 2015 after he was arrested on the charge of obtaining a fake degree from a Bihar-based law institute. The development had taken place months after the BCI notified the Certificate and Place of Practice (Verification) Rules with the objective of filtering out pseudo-advocates.

In 2017, a verification drive by the Bar Council had revealed that at least one-third of the lawyers on the premises of Indian courts were fake. Later that year, the Law Commission of India had recommended a slew of amendments to the Advocates Act (Regulation of Legal Profession), 1961. The Commission had observed that advocates’ unprofessional conduct, such as going on ‘frequent strikes’ to protest over ‘irrelevant issues’, had reached ‘terrifying proportions’. The proposals, including making lawyers liable to compensate litigants if they struck work, had triggered protests across the country, with the apex Bar body asserting that the ‘utterly regressive’ Bill’s right place was in the dustbin, not in Parliament.

Though the amendments have not seen the light of day amid stiff resistance from the lawyers, it is beyond doubt that the profession needs a self-regulatory mechanism. There should be a uniform qualifying examination, coupled with thorough verification of the person’s documents and credentials, before enrolment as an advocate. The norms for post-enrolment disqualification and re-enrolment must also be made stringent. The chambers should have no place for the likes of Santosh Kumar Singh, an aspiring lawyer and a former IPS officer’s son who is serving life sentence for the 1996 rape-murder of Priyadarshini Mattoo. Unscrupulous elements can’t be allowed to hold the government, the judiciary and the public to ransom.

Centaur Hotel is being used as a sub-jail to detain politicians. File photo

Srinagar, November 3

As winter sets in, the J&K administration is looking for an accommodation to shift 34 political detenues from the Centaur Hotel here as it lacks proper heating arrangements, officials said.

The winter chill has already started taking a toll on the health of the detenues — National Conference, PDP and People’s Conference leaders and prominent social activists — and the security personnel guarding them.

They have been lodged at the hotel on the banks of the scenic Dal Lake since August 5 when the Central government announced its decision to abrogate J&K’s special status under Article 370 of the Constitution and split the state into two Union Territories.

According to the officials privy to the development, Centaur Hotel, owned by the Indian Tourism Development Corporation (ITDC), has submitted a bill of Rs 2.65 crore to the Home Department for 90 days for boarding and lodging of the detenues.

The administration has, however, rejected the claims of the Centaur Hotel and argued that the facility was converted into a subsidiary jail on August 5 and therefore, government rates would be paid.

The rates sanctioned by the administration would be around Rs 800 per day as against Rs 5,000 charged by the hotel, the officials said.

During winter, temperature in Srinagar dips below the freezing point.

The seat of administration in the newly created UT has moved from Srinagar to Jammu for the winter months.

The officials said some measures would be taken soon for shifting the detenues to different locations.

The MLA hostel on Residency Road in the heart of the city could have been an alternative accommodation, but it is now occupied by former MLAs hailing from Jammu and newly elected councillors.

Unwilling to dislodge the former MLAs and councillors, the administration has started looking for a state-run or private hotel for shifting the detenues, they added.

The officials said talks were on with a private hotel in the high-security cantonment area, where some detenues, including Sajad Lone of People’s Conference, Ali Mohammad Sagar of the NC, Naeem Akhtar of the PDP and former IAS officer Shah Faesal, could be accommodated. — PTI

ribune News Service

Chandigarh, November 18

A 21-year-old youth has been arrested by the local police for committing a theft at the house of his employer, Sqn Ldr Hamir Singh Mangat (retd), a recipient of the Vir Chakra for the 1965 Indo-Pakistan war , at Modern Housing Complex (MHC).

According to the police, the complainant, Brig Balwinder Singh (retd), reported that Lokesh, a resident of Kaimbwala village, who was working at his in-law’s house, had stolen Rs 1 lakh, two gold earrings, five gold karas, six gold bangles, a pair of diamond studs and a gold chain from the house on November 17.

According to the complainant, Lokesh was working as a caretaker of his mother-in-law Harbans Kaur.

Acting on the complaint, the police had registered a case at the Mani Majra police station.The police laid a naka near the Kaimbwala turn and nabbed the suspect. Gold ornaments worth around Rs 10 lakh were recovered from him.

The police said the suspect had handed over the stolen cash to his relatives in Dera Bassi. He was produced in a court, which remanded him in two-day police custody.

As Chief Justice of India Ranjan Gogoi superannuates, he will be remembered for agreeing to public disclosure by ruling that the office of the CJI fell within the ambit of the Right to Information Act. The decision will bolster the credibility of the judiciary in the public eye. Whether the queries under the RTI Act are tenable or frivolous is not the point. What is of note is that the apex court has agreed that it is not above the law, dispelling the forbidding image of the judiciary, couched in legalese and the threat of contempt proceedings. The decision has come with a rider of the ‘independence of judiciary’ which is difficult to grudge because checks and balances are imperative when it comes to dealing with the other two branches of government — executive and legislature.

It was mainly executive apathy that led to judicial activism to take cognisance of public sensibilities and it was the over-reach of the legislature that made the Supreme Court take recourse to the ‘basic structure of the Constitution’ doctrine to rule a law as ultra vires and strike it down. The Constitution is supreme and laws have to be framed keeping in view its avowed aims. It is the duty of the court to interpret and uphold it. The RTI is also an Act of Parliament, a tool to bring in accountability.

The judiciary has its own problems which made the then CJI Tirath Singh Thakur lament publicly before the Prime Minister that the load of litigation, judicial vacancies and tedious appointment procedures had affected the working of the courts. So, opening up will also help to highlight its bottlenecks and act as a check on possible wrongdoing. Politicians make disclosures of assets and criminal cases against them in election affidavits. Government officials too have to abide by this rule. Supreme Court judges have a security of tenure. They can be removed only through parliamentary proceedings. But opening this window takes its image several notches high. The outgoing CJI’s last few days in office have seen a flurry of decisions. But the one on RTI Act is laudable for it has to do with the judiciary itself.

Chandigarh, November 10

Chief Minister Capt Amarinder Singh scripted history in more ways than one when he led the first jatha to pay obeisance at Gurdwara Darbar Sahib at Kartarpur on Saturday.

He presented four “rumalas” and one “chaur sahib” at the historic gurdwara. One of the “rumalas” was given to him by Prime Minister Narendra Modi in the presence of Akal Takht Jathedar Giani Harpreet Singh on Saturday to be offered at Kartarpur Sahib.

The Chief Minister handed over the “rumala” to the head granthi, seeking Guru Nanak Dev’s blessings for every citizen of India. Capt Amarinder later said he was honoured to have been chosen to make the offerings on the auspicious occasion of the 550th Parkash Purb of the first Sikh Guru.

The CM offered two “rumalas” and the “chaur sahib” on behalf of the people of Punjab.

A government spokesperson said the CM, joined by party MLAs Harpartap Ajnala and Kuljit Nagra, offered a “rumala” on behalf of Congress president Sonia Gandhi and the entire rank and file of the party. — TNS

Though the real impact of the constitutional changes is not clear yet, the voluntary participation in the three-month shutdown and media reports do point to a general feeling of shock, anger and loss of trust. The shift in popular support from ‘passive’ to ‘voluntary and active’ can upset all calculations, preparedness and lessons from past experience.

Ashok Bhan
former DGP, J&K, and ex-member, NSAB

On the appointed day of August 5 this year, the erstwhile state of Jammu and Kashmir was bifurcated into two UTs. The abrogation of the special status of the state and its reorganisation was received with jubilation in Jammu and Leh district (initial euphoria, though, is missing now in Jammu); peaceful protests in Kargil district; and a three-month voluntary shutdown and government-imposed restrictions in Kashmir.

There are reports from the Kashmir Valley of killings by terrorists of innocent labourers, shop owners and truck drivers. There have also been a few incidents of hurling of grenades, burning of school buildings and damage to public property, including a transmission tower. These incidents meant to spread terror are reminiscent of the initial phase of ‘terror’ of the early 1990s when Pakistan-trained and armed terrorists had similarly terrorised the populace by the killing of Kashmiri Pandits, Muslims labelled as mukhbirs and unarmed officials of the intelligence agencies and police in the initial years of insurgency.

The first year of the insurgency in 1990 witnessed 709 incidents of arson and 1,522 incidents of hurling of grenades or causing explosions to cause widespread damage to bridges and other public property. The strategy during the ‘terror’ phase is to avoid direct confrontation with the security forces. Due to unprecedented preventive measures, the number of such incidents is not yet alarming. But they are indicative of the intent and a trend that needs to be taken note of. 

Therefore, based on experience, steps must be taken to ban the availability of certain chemicals used for making explosives and secure explosives used for construction work at their places of storage as well as during transportation. The preparedness of BDCs (Block Development Councils) in remote areas may require to be revisited for protecting villagers and to disallow a free run to the terrorists. Similarly, peaceful areas across the Pir Panjal will need attention.

Despite Pakistan’s isolation internationally as the fountainhead of terrorism and its domestic compulsions, it will not miss any opportunity to provide manpower and weapons to fuel violence.  The borders will have to be secured to prevent bringing in of weapons or sophisticated IEDs. Steps also need to be in place to prevent attempts at snatching of weapons, particularly from guards in remote areas.

The presence of the security forces in the Valley in 1990 was very thin and their preparedness was inadequate to deal with full-blown insurgency sponsored by Pakistan. Currently, the security apparatus is much stronger. Therefore, it should be possible to address the new emerging phase of ‘terror’ and not allow it to grow and graduate into a more dangerous phase of ‘confrontation’ that was witnessed during 1992-95, when violent incidents at the rate of 6.5 per day were directed against the security forces. It took a great deal of effort to set up special operations group (SOGs) and unified structures and sacrifices by brave policemen and jawans to meet the challenge and prepare the ground for “democratisation,’ which led to the holding of Assembly elections in 1996.

The bulk of killings of political activists (329) in J&K occurred during the initial years of the ‘democratisation’ phase — from January 1996 to December 2002. With the government’s focus on empowering of panchayats and BDCs, the securing of political activists becomes an immediate necessity. Any pick-and-choose policy in providing the security cover and other amenities based on party affiliations will be hazardous.  Physical harm to any political activist will compel them to shift en masse to safer places, leaving the ground to separatists and terrorists.

The ‘terror’ phase of the early 1990s had also brought to fore the compulsions and security issues faced by local employees and their families. Such challenges may again have emerged and would require appropriate measures so that the momentum of the working of the police stations, courts and district administrations is not compromised. The force commanders also need to prepare a roadmap to maintain both force level and ‘high alert’ over a long period of time and yet not allow ‘combat fatigue’.

The support of a large majority of people in the Valley to the azadi sentiment and terrorism in the 1990s was largely ‘passive’. Though the real impact of the constitutional changes is not clear yet, the voluntary participation in the three-month shutdown and media reports do point to a general feeling of shock, anger and loss of trust. The shift in popular support from ‘passive’ to ‘voluntary and active’ can upset all calculations and preparedness. The disaffection and consequential violence can spread to the south of Pir Panjal which needs to be monitored carefully.

Peace is a pre-requisite for development and the process of integration. Classical peace processes follow the sequence of engagement, de-militarisation and finally, democratisation. As Jammu and Kashmir shares boundaries with hostile neighbours, complete or even partial demilitarisation is unacceptable. Therefore, the peace process initiated in the mid-1990s essentially involved persuading reluctant politicians, facilitating and securing them to carry out electioneering, symbolic reduction in footprints of security forces (like removal of bunkers) and holding of Assembly elections in 1996. Strong democratic credentials were re-established with a series of electoral exercises, from 1996 to 2014. The democratic deficit had been bridged to a large extent.

In the changed scenario, it is difficult to fathom the response of the people in the Valley to a peace process and holding of elections. The impact of the change of policy in handling Jammu and Kashmir is yet to be fully felt and understood. The challenge lies in containing the current phase of ‘terror’ and initiating a political process without having to pass through a phase of ‘confrontation’. That will require a display of political sagacity and a corresponding response from the people of the Valley, none of which appears probable any time soon. It is likely to be a long and uncertain wait for the peace process to re-emerge in the UT.

Whenever elections are held, the past lessons of manipulating the poll process or thrusting handpicked leadership must not be forgotten. Based on a credible electoral process, only genuine representatives of the people must govern J&K, which hopefully by then would have regained its statehood as well as some lost pride.

Participants get ready for the Invitational Golf Tournament, a precursor to the 3rd Military Literature Festival, in Chandigarh on Saturday. tribune photo

Chandigarh, November 16

The sprawling greens of Chandigarh Golf Club came alive today with stories of exemplary valour and sacrifices made by the bravehearts of Indian defence forces in their line of service for the motherland.

More than 175 distinguished war veterans of the three armed forces, besides officers from civil services, descended in Chandigarh to participate in the Invitational Golf Tournament, organised as precursor to the 3rd Military Literature Festival (MLF) to be held here from December 13 till 15.

The MLF is the joint initiative spearheaded by the Punjab Government, led by Chief Minister Capt Amarinder Singh, and the Chandigarh Administration led by VP Singh Badnore, in collaboration with the Army.

The specially curated golf tourney was amongst the scintillating array of competitions and activities being organised to build up momentum prior to the gala event next month. Decorated battle hardened veterans from across the country had been invited to tee off together and share stories of camaraderie and hardships endured during service years, besides tales of heroic deeds spanning over their professional careers.

Earlier, Special Principal Secretary to Punjab CM Gurkirat Kirpal Singh, along with the Chief of Staff Western Command Lt Gen Gurpal Singh Sangha, inaugurated the event with ribbon cutting before teeing off. — TNS

The Indian representative noted that Pakistan, in 2018, ranked 14th on the fragile state index.

India on Thursday gave a reply to Pakistan over Jammu and Kashmir, saying the cash-strapped nation itself is “a DNA of terrorism”.

“Pakistan’s neurotic behaviour has resulted in its decline to a nearly failed state with its weak economy, radicalised society and deep-rooted DNA of terrorism,” said Ananya Agarwal, who led the Indian delegation to the UNESCO General Conference being held in Paris.

“We condemn Pakistan’s disappointing misuse of UNESCO to spew venom against India and politicise it,” she added.

Agarwal noted that Pakistan, in 2018, ranked 14th on the fragile state index.

Pakistan is home to all shades of darkness; from extremist ideologies and darker powers of radicalisation to the darkest manifestations of terrorism, she told the panel.

Agarwal further said that Pakistan is a country, whose leader uses the UN platform to openly preach nuclear war and issue a call to use arms against other nations, referring to Prime Minister Imran Khan’s remarks at the UN General Assembly session in September whereby the leader had warned India that if there’s face-off between two nuclear-armed neighbours, the consequences would be far beyond their borders.

“Would this gathering believe if I told them that one of Pakistan’s former president’s Gen. Pervez Musharraf recently called terrorists such as Osama Bin laden and Haqqani network as Pakistan’s heroes,” she questioned the panel.

Agarwal stated that Pakistan has been engaging into such “diabolic rhetoric” to malign India in front of the international community irrespective of the deplorable conditions of human rights suffered by the minority community on its own soil.

“From 1947, when the minorities formed 23 per cent of Pakistan’s population they have now dwindled to make nearly 3 per cent. It has subjected Christians, Sikhs, Ahmadiyya, Hindus, Shias, Pashtuns, Sindhis and Balochis to draconian blasphemy laws, blatant abuse and forced conversions. The gender-based crimes against women include including honour killings, acid attacks forced conversions, forced marriages and child marriages remain a severe problem in Pakistan today,” she said.

Agarwal said that India strongly rejects the fabricated falsehoods peddled by Pakistan in its statement overflowing with hypocrisy to hide its own pathetic and pitiable records as a nation including its own treatment of minorities, the spread of hate speech and glorification of terrorism.

In her concluding remarks, the panellist hoped that the UNESCO membership would come together to reject such a gross misuse of the platform by any member nation.