Daily News 02.10.2008

If States fail, Centre should act: Minorities Commission
http://www.hindu.com/2008/10/06/stories/2008100659971200.htm
Christians said their return was predicated on acceptance of Hindu religion’
The situation has worsened in Kandhamal
Not a single case of forced conversion registered
NEW DELHI: The ground reality in Orissa, according to the National Commission for Minorities (NCM), is such that it holds out little hope of the latest round of communal violence in the State being the last.
Meanwhile, in separate reports on attacks on the Christian community in Orissa and Karnataka, the NCM has recommended that “if the State governments are unable to restore normality and a sense of confidence among Christians, the Centre should consider an appropriate response in accordance with the provisions of the Constitution.”
Based on the visit of NCM Vice-Chairperson Michael Pinto to the Kandhamal district of Orissa in mid-September, the report, the third on the State in less than a year, takes note of the fact that far from improving, the situation has worsened with trouble spreading to other districts. “The communal divide appears to be as strong as before and there has been little success in reining in the extreme fringe that has encouraged and fostered the spread of intolerance.”
Rise in Christian population
Dwelling at length on the charge of conversion against the Christian community, the NCM concedes that the Christian population in Kandhamal has registered a larger increase than the Hindu population. But it points out that not a single case of forced conversion has been registered under the Freedom of Religion Act which has been in place in the State for about 40 years.
“If indeed conversions by force or fraud were responsible for the feelings against Christians, it is absolutely amazing that the provisions of an Act designed precisely to address such conversions have never been invoked. It gives rise to the suspicion that conversion had really very little to do with the problem,” the report states.
According to NCM, practically every Christian living in the relief camps — at the time of the visit, an estimated 20,000 people were living in 14 relief camps set up by the State — complained of threats that their “return to their homes was predicated on their acceptance of the Hindu religion.”
Though secular quarters have reservations about such legislations, the NCM said that since the Act was now on the statue book, its provisions must be used against the pernicious threats to Christians to convert forcibly to Hinduism.
Remedial action in Karnataka
In its Karnataka report, the Commission has said remedial action, “including a ban and prosecution” should be initiated against all organisations which have contributed to the breakdown of communal harmony.
While the NCM has not named any one organisation in its recommendation, the report makes repeated references to the Bajrang Dal and its involvement in the attacks on Christians and their institutions.
During a three-day visit to Karnataka beginning September 16, the NCM team raised the issue with the State administration and asked why the head of the Karnataka unit of Bajrang Dal was not arrested despite him issuing press statements acknowledging his role in damaging prayer halls in the State.
Monday, Oct 06, 2008
Special Correspondent
www.hindu.com


NHRC gives clean chit to Salwa Judum
http://week.manoramaonline.com/cgi-bin/MMOnline.dll/portal/ep/contentView.do?contentId=4594311&programId=1073754912&pageTypeId=1073754893&contentType=EDITORIAL
New Delhi: The National Human Rights Commission (NHRC), in a report submitted to the Supreme Court, has held naxals responsible for violence by the activists of Salwa Judum in self defence.In the 118-page report, the three-member NHRC panel has said, '' The tribals can not be denied the right to defend themeselves against the atrocities perpetrated especially when the law enforcers are themselves ineffective or not present.'' The three-member team headed by DIG Sudhir Chaudhary has given a clean chit to the Chhattisgarh government for arming tribals to tackle the meance of naxalism.According to the report, out of around 550 complaints of alleged excesses being committed by Salwa Judum activists, the team investigated 168 such incidents and found the allegations false as many of the villagers, who were alleged to have been killed under Salwa Judum movement or by security forces, were actually killed by the naxalites.Under Salwa Judum movement, the state government has been giving arms to private individuals, mainly tribals to defend themselves against the violence by naxalites. The NHRC panel, in its report, has also blamed naxalites for forcing the non-violent Salwa Judum movement into a violent one.Salwa Judum activists have been subjected to selective killings by naxalites and the rallies of Judum leaders have also been attacked.According to the reports, in many FIRs registered in most of the cases it has been found that the victims, who were said to had been killed are still alive and some villagers, who have died natural death have also been reported to have been murdered by Salwa Judum activists.The apex court had taken a serious view of the allegations made in the PIL alleging that the Salwa Judum activists were killing and torturing innocent people and were also indulging in extortions.The NHRC has suggested that the problem of naxalite violence has its roots in socio-economic deprivation resulting from large-scale unemployment in the state.To tackle the menace ''multi pronged strategy'' is required as this is not purely an law and order problem.The panel has by and large refuted the allegations made in the PIL.The district of Bastar is the main area affected by naxalite violence.The three-member panel was also attacked thrice by naxalites.
Monday,6 October 2008 17:28 hrs IST
Article 4 of 29 in TheWeek LATEST NEWS
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SC extends time for states to respond to NHRC safeguard guidelines http://www.indlawnews.com/Newsdisplay.aspx?31687642-7176-462f-9fd9-4e98f51dbdca
The Supreme Court granted eight weeks further time to those states who have not responded to the show-cause notice issued by the apex court on a Public Interest Litigation (PIL) seeking directions to all states and Union Territories in the country to follow safeguard guidelines in case of police encounter.A bench comprising Justices K G Balakrishnan, V S Sirpurkar and P Sathasivam granted time when it was informed by petitioner Ramesh Reddy’s counsel that only eight states have filed their response till now out of 37 respondents. According to the petitioner, there are eight Human Rights Commission only in 17 states of the country, while other states are without Human Rights Commission.The petitioner has alleged that state authorities and Union Territories were not adhering to the guidelines and safeguards laid down by National Human Rights Commission (NHRC) as well as this honourable Court.He has also sought directions from the apex court to all the states and Union Territories to submit the reports of all killings in encounter as well as custodial death to NHRC for a proper follow-up action against the police officials found indulging in killing of innocent people in such encounter to get quick promotions and also to win galantry awards.The petitioner, who is an advocate, has also pleaded that no policeman should be rewarded unless and until it is proved beyond all reasonable doubts that the encounter was genuine and not fake.The petition also cited the case of Sohrabuddin fake encounter in which Gujarat police officials allegedly killed Sohrabuddin Sheikh and his wife Kausar Bi in a fake encounter.UNI
10/6/2008
www.indlawnews.com



No link between Godhra & post-Godhra’
http://www.morungexpress.com/national/4624.html
AHMEDABAD, September 27 (Agencies): The submission of the Nanavati report in parts had led to an outcry from activists who claimed that the state government would use it to gain political mileage.However, the commission states that it found no connection between the Godhra train arson incident and the subsequent riots and, consequently, decided to submit the first part of the report pertaining to the Godhra incident. The Citizens for Justice and Peace (CJP) and People's Union for Civil Liberties (PUCL) had filed a petition against the Nanavati commission releasing only the first part of its report. It said the state government would take advantage of the first part of the report by implicating the minority community for the Godhra incident.On its part, the commission has said that the inquiry in respect of Godhra incident and post-Godhra incidents was conducted together to get an overall view and avoid delay. The delay could have arisen as a result of many factors including non-availability of a witness on a day fixed for recording his evidence. It says a submission was also made on behalf of Jan Sangharsh Manch (JSM) that the Godhra incident should not be considered in isolation particularly in view of widening of the terms of reference. The JSM had also asked the commission to include within its scope of inquiry the role and conduct of ministers, police officers, other individuals and organisations in respect of the Godhra and post-Godhra incidents.According to the report, it was also submitted that the commission should consider the evidence regarding telephone calls made from Godhra to other places on and before February 27, 2002, as contained in the CD produced by JSM, to see what role Mohammad Hussain Kalota had played. As late as on April 4, 2007, an application was made for recalling an officer of the Forensic Science Laboratory. "For these reasons, the report regarding Godhra incident was not submitted earlier. We have now completed scrutiny of the material in respect of the post-Godhra incidents. Even after consideration thereof, we do not find anything therein establishing any connection between them and burning of coach S-6 of the Sabarmati Express train at Godhra. Therefore, we have thought it fit to submit our report in respect of the Godhra incident now, without waiting for completion of the report regarding post-Godhra incidents." Earlier, the high court dismissed CJP and PUCL's PIL on the grounds that it could not interfere in the affairs of the state assembly and that it was part of the commission's work to submit a report on its inquiries. The high court further stated that it was beyond the ambit of its powers to direct the assembly not to table the report.
Agencies September 28, 2008 10:04:00
www.morungexpress.com



Editorial:Rescue package rescued
http://www.business-standard.com/india/storypage.php?autono=336471
As was widely expected, the US House of Representatives passed the legislation activating the $700 billion bail-out of the financial system, last Friday. The passage came after some features were added to the original version, which had been rejected a few days before, but the main reason for the swing in favour of the Bill was the dramatic response of global markets to the rejection. It became quite clear that, whether the programme would succeed or not was no longer the issue. Rather, without a government-backed rescue, the US and global financial systems would almost certainly collapse. The ‘moral hazard’ implications of the bail-out and its fiscal implications will continue to be debated. However, for Treasury Secretary Henry Paulson and the organisations and people he ropes in, in his efforts to save the system, that is all academic for the moment. The immediate and over-riding goal is to act. Deciding on what assets will be bought with the initial infusion of $250 billion is the first priority. There is a widespread belief that the total value of the so-called toxic assets far exceeds the $700 billion provided in the package. Given this, its ability to extract maximum leverage by focusing on assets which are dragging down the system the most, is absolutely critical to its success. The margins for error are extremely small. Buying up assets that do not provide ballast to others, thus boosting the entire system in the process, will make matters worse, while exhausting the limited resources of the package and its capacity to achieve its goals.
Reports suggest that Mr Paulson has been quick off the blocks, beginning to put in place the resources that he needs within hours of the legislation being signed into law. But, even with this commitment and speed of action, which has been facilitated by certain exemptions from the procedural requirements for government procurement, it will be at least a few weeks before the money starts flowing into markets. The urgency has been heightened by bad news coming in about the US economy, which, judging by auto sales and unemployment numbers, is slowing considerably after an unexpectedly buoyant second quarter. Further flows of bad news will put more pressure on financial markets, making Mr Paulson’s task that much more difficult, with every further setback reducing the probability of the bail-out succeeding.
Under the circumstances it is imperative that the US effort is supported by other governments and central banks. With concerns about the integrity of the European financial system deepening, the Paris meeting of European leaders seems to be finding it difficult to put together an acceptable package. If this stalemate persists, more bank failures in the region could spill over to the US, undermining rescue efforts. All said and done, even as the discussion on how to minimise the negative fall-out of the package goes on, there is now little question about its necessity. Whether it will work, though, depends on the confluence of a number of factors, many out of Mr Paulson’s control.
Business Standard / New Delhi October 6, 2008, 0:02 IST
www.business-standard.com


Judges' educational records not available with SC, HC
http://www.ibnlive.com/news/judges-educational-records-not-available-with-sc-hc/75079-3.html
New Delhi: The answers to a new query put under the Right to Information (RTI) act has shocked everyone. The application under RTI sought to know ‘How learned are our Supreme Court and High Court Judges?’
These shocking details have been revealed in an RTI application filed by RTI activist Debashis Bhattacharya.
The RTI activist alleges that no one seems to have any record of the educational qualifications of the judges, neither the Supreme Court nor the Law Ministry.
Recently, there have been a few alleged instances of individual corruption and also a few reportedly shocking lapses of the entire judiciary.
The judges are the men to give the verdict literally, every day.
If the RTI activist is to be believed, no one seems to have any record of the educational qualifications of the judges serving in the High Courts or in the Supreme Courts of India.
It is said that there is no updated data available, no certificates or mark-sheets, no details of marks obtained from matriculation to their mandatory degree in Law.
Allegedly, the Supreme Court has no record, the Delhi High Court has no record and shockingly even the Ministry of Law and justice has no record.
Bhattacharya also feels it might lead to a scam. “All this has happened despite Law Minister Hansraj Bharadwaj's written reply in the Parliament in March this year that judges are selected on several parameters, first of which was their education qualification,” said Bhattacharya.
While questions have already been raised whether judges are appointed on the basis of their political affiliations, the search for their educational certificates could prove to more embarrassing for the government than an already embattled judiciary.
Sumon K Chakrabarti / CNN-IBN
Published on Sun, Oct 05, 2008 at 10:53, Updated on Sun, Oct 05, 2008 at 14:40 in Nation section
www.ibnlive.com



BMW case: HC rejects bail to Nanda
http://timesofindia.indiatimes.com/Delhi/BMW_case_HC_rejects_bail_to_Nanda/articleshow/3560790.cms
NEW DELHI: The Delhi High Court on Saturday refused to grant bail to Sanjeev Nanda, convicted for mowing down six persons while driving his BMW in a drunken state almost a decade ago. "The drunkard driver not only risks his life but endangers the lives of others as well. Such a driver is no less than a live human bomb prepared to blast himself along with innocent people on roads and pavements,'' noted Justice Kailash Gambhir in an unusually strongly worded bail plea order. Relying on visual report recorded in the police document of the BMW accident, HC said the incident could have easily been mistaken as a site of a bomb blast. "Six persons were being killed and their bodies ripped apart with blood all around. The scene was horrendous, gruesome, macabre and heart rending,'' said HC. The judge also took note of allegations against the convict of him being drunk while driving and obstructing justice during trial, to make it clear that under these circumstances no case for bail was made out. He pointed out that Nanda's was a crime in which two noted lawyers were hauled up before court for obstructing justice, HC said in the light of such "serious allegations against Nanda indulging in winning over witnesses and tampering with process of investigation'' his plea was being rejected. "It may be true that the appellant was not directly involved in the contempt case but it cannot lose sight of all the efforts that were being made to save the appellant (Nanda) from the rigours of law by adopting devious and murkier methods,'' the court remarked, also citing the similar recent order of the Supreme Court cancelling the bail of the Ansal brothers in Uphaar fire tragedy case. Looking into all these factors plus the fact that Sanjeev Nanda was drunk while driving his car, Justice Gambhir maintained that for all his exemplary and commendable behaviour (his act of granting quick compensation to the victims family) his crime can't be countenanced. "In totality of the circumstances, I am of the view that personal liberty of the appellant does not outweigh the gravity of the offence where the precious lives of six innocent people were lost.'' The court, however, was of the opinion that Nanda's appeal challenging his conviction and quantum of sentence be heard on a day-to-day basis for early disposal of the case and therefore fixed his appeal's hearing on December one this year. While dismissing Nanda's bail plea, Justice Gambhir also dwelt upon the problem of drunk driving leading to traffic offences and suggested changes in law to curb driving under the influence of liquor. Noting that a "drunkard driver not only risks his life but endangers the lives of others as well'' HC added, "This court is of the view that it's high time that legislature takes a second opinion at the present law in order to prevent drunken driving which is taking a toll of precious human lives.'' "Alcohol has been found to play a major role in social ills in almost all countries across the world but foremost amongst the ills produced by alcohol is its role in traffic crashes,'' the court further observed.
5 Oct 2008, 0141 hrs IST,TNN
http://timesofindia.indiatimes.com



Brinda for legal action against Parivar outfits
http://www.hindu.com/2008/10/05/stories/2008100555370800.htm
“Centre did nothing more than send advisories to Orissa”
Thrissur: Communist Party of India (Marxist) Polit Bureau member Brinda Karat has said the Centre should immediately take legal action against Sangh Parivar outfits for the violence against Christians in Orissa and other parts of the country.
Addressing a State women’s convention of the Democratic Youth Federation of India (DYFI) here on Saturday, she wondered why the Centre did nothing more than dash off advisories to the Orissa government.
“The United Progressive Alliance government is pursuing a soft policy on communal violence. Why is the Centre a silent spectator to the developments? The Bajrang Dal has owned responsibility for the attacks.”
She termed as falsehood the UPA government’s claim that the proposed Indo-U.S. nuclear deal would help to provide electricity at low cost and lift the nuclear apartheid that India had faced. “What price will India pay for the so-called benefits? Prime Minister Manmohan Singh will shamelessly surrender India’s sovereign rights. The deal does not guarantee permanent nuclear fuel supply. India may also not get nuclear reprocessing or enrichment technology.”
Later, delivering a lecture on ‘International developments and the Indian context,’ held as part of the observance of the birth centenary of Marxist leader E.M.S. Namboodiripad, she said the UPA government had lessons to learn from the global financial crisis.
“Inequality between nations, classes and genders constitutes the core feature of the Wall Street model of economy. In 1999, the U.S. Congress adopted the Financial Services Modernisation Act, which removed all regulations on financial services. The U.S. has imposed on other countries this model of financial deregulation. Economic disparity between people in the U.S. is gaping. One per cent of wealthy Americans hold 22 per cent of national income. About 50 per cent of the U. S. population control only 12.8 per cent of the nation’s income. The $700 billion financial bailout will not help the common people. The transfer of wealth at the expense of taxpayers will only help the fatcats and the speculators,” she said.
Referring to the decision of Tatas to pull out from Singur, she alleged that the Opposition in West Bengal was the least concerned about the State’s development.
Sunday, Oct 05, 2008
Staff Reporter
www.hindu.com



Left, allies observe ‘Black Day’
http://www.hindu.com/2008/10/05/stories/2008100555350800.htm
Stage protest march in the capital against nuclear deal with United States
NEW DELHI: A large number of activists of the Left parties and their allies, led by CPI (M) Polit Bureau member Sitaram Yechury and CPI national secretary D. Raja, on Saturday staged a protest march against the India-U.S. nuclear deal from Mandi House to Hyderabad House.
U.S. Secretary of State Condoleezza Rice was scheduled to hold discussions at the Hyderabad House on the issue with External Affairs Minister Pranab Mukherjee.
Observing “Black Day” to protest against the United Progressive Alliance government’s decisions to move ahead with the nuclear deal, activists of the CPI(M), the CPI, the All-India Forward Bloc and the Revolutionary Socialist Party, along with those from the Janata Dal (Secular) and the Telugu Desam Party, began their protest march from the Mandi House. However, they were stopped mid-way by the police and not allowed to go all the way to the Hyderabad House.
“Impacts sovereignty”
Addressing the protesters, Mr. Yechury warned the UPA government against moving forward on the deal as it went against the interests of the country and impacted its sovereignty and independence of foreign policy.
Noting that U.S. President George W. Bush was still to sign the deal, Mr. Yechury pointed out that it would be good for India if he did not sign it at all.
The gathering was also addressed by Mr. Raja; AIFB secretary G. Devarajan; TDP spokesperson M.V. Mysoorareddy; and RSP leader Shatrujit Singh.
While Mr. Devarajan expressed apprehensions that the retrograde provisions of the Hyde Act would put more constraints on full civilian nuclear cooperation, the other leaders also pointed out how the U.S. Congress had adopted an Act to approve the 123 Agreement which had key provisions of the Hyde Act and a lot more.
The speakers said the Manmohan Singh government had been claiming that the Hyde Act would be overridden by the last Act passed by the U.S. Congress as per that country’s jurisprudence. But now that the last Act contained all the Hyde Act restrictions and they were made more explicit, they demanded that the Indian government not to sign the deal.
“The Act passed by the Congress spells out clearly that India does not have fuel supply assurance; there is no assurance regarding building a strategic fuel reserve for the life time of the reactors and whatever corrective measures it takes regarding fuel supply failure does not permit taking the reactors out of safeguards,” the leaders said.
They also noted with concern that the consent to reprocess was only notional and the U.S. would also work to prevent other countries from providing nuclear supplies to India if it decided to terminate the 123 Agreement.
It was pointed out that Ms. Rice had further assured Congress that India would be barred from enrichment and reprocessing technology in the next NSG meeting to be held in November.
The leaders said it was also worrisome that India was committing itself to buying a minimum of 10,000 MW worth of reactors from the “dying” U.S. nuclear industry that had not received any new orders for the last 30 years.
Staff Reporter
www.hindu.com


Goa talks with SEZ promoters an attempt of backdoor entry: SVM
http://www.thehindubusinessline.com/blnus/27061320.htm
PANAJI: The anti Special Economic Zone (SEZ) activists on Monday alleged that Goa government's move to hold talks with SEZ promoters for giving them alternate land to set up industry is “an attempt of backdoor entry.”
“This is an attempt of backdoor entry. We will not tolerate this. We warn the Central and State Government that they should not cheat people of Goa,” said SEZ Virodhi Manch (SVM).
The group had put up their strong resentment against K Raheja corp's project at Verna industrial estate, 20 kms away from here. The reaction stems from recent statement by senior Congress leader Mr Shantaram Naik disclosing that the Chief Minister Mr Dig amber Kamat will meet three SEZ promoters to discuss alternate land proposal to set up industry (not SEZ).
Mr Naik had quoted a meeting with Union Commerce Minister Mr Kamal Nath in which the minister had said that Mr Kamat will discuss the proposal with them. Three notified SEZ developers, which are pending de-notification, participated in the meeting.
“We strongly condemn the statements of the Union Commerce Minister, Mr Kamal Nath who wants Goa government to allow developers of three notified SEZs to set up some other industry on the land allotted to them,” said SVM's convenor Mr Charles Fernandes. – PTI
www.thehindubusinessline.com


Water dispute: No change in legal team
http://timesofindia.indiatimes.com/Bangalore/Water_dispute_No_change_in_legal_team/articleshow/3564413.cms
Bangalore: Water resources minister Basavaraj Bommai has brushed aside speculation that the Karnataka government was contemplating to change the legal team which is handling the state's case before the second Krishna Water Disputes Tribunal (KWDT). Speculation arose following a letter written by Supreme Court's senior counsel Anil Divan in this regard . The KWDT is set to hear the final arguments of the riparian states from October 20, but the state government had reportedly not replied to him. The three basin states of Karnataka , Andhra Pradesh and Maharashtra have filed petitions seeking a clarification on the allocation of surplus waters under Scheme B of the Bachawat award on sharing of Krishna waters by them. Bommai told The Times of India that the same team which is led by Supreme Court jurist Fali S Nariman, Divan and Karnataka advocate-general Uday Holla has been continued. History of the river dispute Under the Bachawat award, the allocation for Karnataka was 700 tmc, 500 tmc to Maharashtra and 800 tmc to Andhra Pradesh from the dependable yield of 2069 tmc at 75% dependability. It was constituted in 1969; final report was given in May 1976. The award evolved two schemes: Scheme A and B. Under Scheme A it allocated 2060 tmc of water amongst the basin states. Under Scheme B, surplus was to be allocated on percentage basis, but was not made part of the final order. Based on a series of petitions from the three riparian states on sharing of surplus water, the tribunal was finally constituted.
6 Oct 2008, 0635 hrs IST
http://timesofindia.indiatimes.com




Making offences easy to prove is counter-productive
http://www.business-standard.com/india/storypage.php?autono=336446
We are living in a reign of terror. In Delhi last month, serial blasts in crowded areas on a single day resulted in material damage and spread of terror. Within days, the police claimed to have cracked the case, to have zeroed in on the “masterminds” and gunned them down.
The media response was mostly laudatory — most carried the police line and did not even refer to those killed by the police as “alleged” terrorists. The real masterminds behind the terror apparently wanted to call the bluff. Another blast followed shortly. This time, the police was more hesitant in reacting with a claim of success.
A significant component of political society has started clamouring for “stringent” anti-terror laws that would make proving a crime of terror easier. This is quite similar to the areas of business and economics. Occurrence of gross crimes has always evoked a clamour for more stringent powers. Be it acts of terrorism or economic offences such as insider trading and price manipulation, in India more stringency necessarily has to mean lowering the standard of proof for a conviction.
It can have no other meaning because India has very severe punishments for such crimes in its substantive law. It is popular to argue in favour of lowering the standard of proof— such measures result in a greater number of convictions. More convictions, it is argued, will have a “deterrent” effect on society.
Nothing can be farther from the truth. Making it easy to prove a crime can only create a record of a higher percentage of convictions, and will not necessarily act as a deterrent. Such an approach would be similar to making examinations easier to pass for students so that we have a highly learned society.
Indeed, the number of students that scores over 95 per cent marks in public examinations today is exponentially greater than say 20 years ago. Yet, the employability of the average Indian graduate today is starkly lower than those who graduated over 20 years ago.
If the object of the law is to make it clear to society that crime does not pay, it will never help to enable the law-enforcers to have an easier task proving a crime. Making it easy to prove a crime will empower enforcement agencies to provide a false sense of security that crime has been detected.
A more plastic standard of proof would result in more innocents being convicted for crimes, and enable the enforcers to claim better statistical performance.
The role of judicial attitude too has to be judged on a similar barometer. It is becoming increasingly difficult for those accused of serious crimes to get a fair trial, thanks to media management by the men in uniform.
Be it enforcers of economic laws or criminal laws, obedient media coverage has made it easier for enforcement agencies to conduct trials by media, impacting the ability of any reasonable judge to conduct an uninfluenced trial.
Many of the high-profile trials one reads about in India today could be regarded as mistrials in other jurisdictions. Judges, but human, conscious of working under the glare of the media, are bound to be intimidated. It is not uncommon for judges to find reasons to reject challenges to regulatory action, when troubled by the morality quotient of the alleged offence. Such an effect can be felt across courts.
Increasingly, the jurisdiction of courts is being ousted by Parliament, which is setting up tribunals to hear appeals against regulatory actions. Be it securities laws or electricity laws, or then laws governing banning of alleged terrorist organisations, tribunals are where proceedings are fought.
Although Parliament has conferred a statutory right to appeal in higher courts — for instance, appeals on questions of law from the Securities Appellate Tribunal lie in the Supreme Court as a matter of statutory right — the Supreme Court is known to deal with statutory appeals as if they were “special leave petitions”, where the court has the discretion to decide whether it is worthwhile expending time and energy on the appeal. Many appeals from tribunal decisions are not even entertained, thereby eroding the effectiveness of the appeal process.
Depending on the mindset of the judge — some can be extremely liberal while others can be extremely pro-conviction — either the regulators or the accused would lose out on an effective appeal.
A more plastic standard for convicting crime does not further the cause of effective regulation and enforcement. Even while a greater percentage of convictions may provide a statistical comfort of well-being, grave crime, be it terrorism or insider trading, tends to continue unabated. The only real response to such crime is meticulous work to bring about convictions.
The author is a partner of JSA, Advocates & Solicitors. The views expressed herein are his own
somasekhar@jsalaw.com
Correction:
In last fortnight’s column, an inadvertent error suggested that US had not yet effectively banned short-selling. The US had announced a comprehensive ban on all short sales in stocks of financial institutions.
Somasekhar Sunderasan / New Delhi October 06, 2008, 0:18 IST
www.business-standard.com



Why do we need a National Commission for Minorities ?
http://offstumped.nationalinterest.in/2008/10/05/why-do-we-need-a-national-commission-for-minorities/
That tax payer funded conscience keeper is at its mischief mongering once again. This time playing to the vote-bank politics of the UPA.
“The attacks on Christians and their institutions appear to have been well-planned. The state (Karnataka) must keep a close watch on the activities of all such organisations that have contributed to the breakdown of communal harmony. Remedial action, including a ban and prosecution, should be initiated. Communal harmony should be maintained at all costs,” the commission has said in a report to Prime Minister Manmohan Singh.
So what facts does the NCM have to offer for a well-planned conspiracy ?
the District Magistrate and the Senior Superintendent of Police of Udupi have told the commission that all 17 people arrested in the district for violence against Christians belong to Bajrang Dal.
Authorities in Bangalore told the commission that 36 of the 83 people in judicial custody in connection with communal clashes belonged to the Bajrang Dal
That is it. On the basis of this flimsy evidence that less than half of the people involved in incidents of mob violence belonged to one organisation in one part of one state, the NCM would like that organisation to be banned nationwide.
That is the degree of responsibility and judgement exercised by the NCM.
Offstumped had on multiple occassions questioned the need for a tax payer funded conscience keeper. It is time to revisit that question once again in light of continued partisanship in the conduct and recommendations of the National Commission for Minorities.
Originally appeared on 9th Sept 2007
In 2002-2003, The National Commission for Minorities spent 2.21 crores, 1.28 of which on full time staff. By 2007-2008 the budgeted estimate has doubled at 4.4 crores with 2.35 crores on full time staff. But that was not all office expenses doubled too from 73 Lakhs to 1.4 crores. For a non Executive Body it has 4 full time civil servants at the Secretary level amongst others. For a body that states as its objectives the safeguarding of the Constitutional and Legal Rights of Minorities the NCM has not exactly redeemed itself by publishing an annual report to account for how effective it has been in achieving its objective. It however lists amongst its major initiatives its activisim in furthering issues related to Minority Educational Institutions apart from 2 odd cases related to police highhandedness. Where the Commission talks of its initiatives in redressing educational problems of Minorities it actually only talks about redressing the problems of “Minority Educational Institutions” and rewriting Text Books.
That is only half of the story.
The Commission then goes on to list its recent achievements in solving educational problems of Minorities. Well so what “educational problems” did the Commission solve:
- Helped obtain clearance for a Minority Educational Institution in Rajasthan
- Restored aid for a Minority Educational Institution in Maharashtra
- Exempted aid reduction for a Minority Educational Institution in MP
- Minority status to an Insitution in AP
- Text Book rewriting in Delhi, UP
- Land for a Minority Educational Institution in Maharashtra
- School Holidays during Xmas
- More land for Minority Educational Institutions
- a couple of odd entitlement concessions for Parsis and Sikhs
Why is Offstumped laboring to detail the achievements of the National Minorities Commission ?
Two reasons.
First is obvious from the facts above on how the NCM has perversely interpreted “solving educational problems of Minorities” to mean “solving problems or rather going out of its way to further the cause of Minority Educational Institutions”.
It is no wonder that 60 years after Independence the Ghetto continues to remain well preserved as before on the one hand while the Government of the day cries hoarse on Minority Issues.
The second reason is the hue and cry over the Sachar Report and the politics of Communal Socialism that Manmohan Singh and Sonia Gandhi are hell bent on playing. In yesterday’s post Offstumped had critiqued the recent move by the Congress lead UPA Government to setup an Equal Opportunities Commission. The ostensible reason - Discrimination of Muslims ?
So if there is such overwhelming discrimination of Muslims it is but logical that the National Commission for Minorities must be seized of this issue. So let us see what exactly the NCM has to say about Discrimination of Muslims and what initiatives it took up to address them.
Now for starters we have already examined the list of major initiatives and recent achievements of the NCM which seem replete with addressing issues of “Minority Educational Insitutions” and not issues of “Minority Education”.
So what discrimination of Muslims are we talking about here, unless of course the contention of the Government is that Mulsims are being discriminated in Minority Educational Insitutions ?
Well let us give the NCM the benefit of doubt and dig further beyond the “major initiatives” and “recent achievements”.
The NCM also lists important recommendations it has made in recent times to the Government. In all it lists 42 major recommendations. The first two are about holidays. Next 3 are about issues related to Sikhs. The 6th is about Interest Subsidy for riot hit, 7th about Urdu, 8th on Kashmiri Pandits, the next 4 are Kashmir related as well, 13 is about violence in Rajasthan the next 3 are on assorted issues from wakf to urdu to targets for lending to Minorities. In the 20s there is more on Haj, Wakf, hiring targets for Minorities in Police. More on expanding the NCM staff before wrapping up with Malegaon and Gujarat riots.
The word “Discrimination” does not even occur once in the entire list of “important recommendations”.
Offstumped next takes a look at the NCM’s annual programme of action. Again not a single reference to the word “Discrimination”.
In fact giving even greater benefit of doubt Offstumped undertook an extensive search of all publicly listed material of the NCM.
The results are even more astounding. Just 3 references to Muslim Discrimination.
The first in the description of profiles of current Commission Members.
The second in a 2001 report on the purpose for Constituting the Commission.
The third in the NCM Manual released under the RTI Act.
So Offstumped poses the question - if discrimination against Muslims is so overwhelming a problem that it calls for yet another tax payer funded Commission for National Conscience Keeping,
how is it that an existing National Conscience Keeper that has “Discrimination” in its Charter has neither bothered to cite “Discrimination” nor bothered to act on ‘Discrimination”.
There is no “secular” political challenge to this subterfuge at the tax payer’s expense that keeps the communal Muslim Appeasement Politicis of the Congress in business. If the BJP raises these questions it is branded anti-Muslim and communal.
But where are the “secular” liberals in calling into question this fraud in the name of National Conscience Keeping.
Offstumped Bottomline: Tax Payer Funded Consicence Keepers reflect our Nation’s lack of faith on our own values and Institutions. By misusing them to further politics of Muslim Appeasement neither helps the average Muslim feel secure enough to discard the Ghetto in favor of mainstream inclusion nor does it help safeguard the Constitution and Secular Values.
The case for an Equal Opportunity Commission must be made on secular reasons of discrimination and not to appease Muslims.
05 Oct 2008
http://offstumped.nationalinterest.in




Govt. to train trainers to promote pre-trial mediation in cases
http://www.hindu.com/thehindu/holnus/002200810051660.htm
New Delhi (PTI): "Train the trainer" appears to be the magic mantra for the Law Ministry which is struggling to arrange enough trainers to build a pool of mediators who could promote pre-trial settlement of matters and help ease the burden of over 2.75 crore cases on subordinate courts.
The government has cited shortage of trainers for imparting conciliation skills to prospective mediators as a major stumbling block in popularising Alternative Dispute Redressal (ADR) System but is hoping to overcome the problem by training the future trainers in High Courts.
"There are not many trained mediators and conciliators to whom the cases can be referred to for pre-trial settlement," said a ministry official.
It has been decided to start a training programme in all the High Courts of the country to impart "training to the trainers" who shall further impart training to other persons to act as mediators, said a ministry official.
The shortage of trained mediators is also one of the major reasons why people do not accept this mode of pre-trial settlement as an alternative to the regular courts of law, the official said.
Involving NGOs, as suggested by experts from a Parliamentary Standing Committee, in popularising ADR among litigants is also being studied by the government. MORE PTI RAH
Sunday, October 5, 2008
www.hindu.com



Jumbo legislation’ coming to set up 12 Central varsities
http://www.hindu.com/2008/10/05/stories/2008100555631000.htm
Move is to ensure that every State has a Central university
Rs. 325-crore scheme to provide quality education in madrasas
NEW DELHI: The Union Cabinet on Friday cleared a Human Resource Development Ministry proposal to introduce a “jumbo legislation” to set up 12 new central universities and take over four State universities.
The move is aimed at ensuring that there is a central university in every State. The central universities will come up in Kerala, Tamil Nadu, Karnataka, Gujarat, Rajasthan, Himachal Pradesh, Punjab, Jammu & Kashmir, Haryana, Bihar, Orissa and Jharkhand.
The State universities to be upgraded central universities are Hemwati Nandan Bahuguna Garhwal University, Srinagar in Uttarakhand; Dr. Harisingh Gour University, Sagar in Madhya Pradesh; Guru Ghasidas University, Bilaspur in Chhattisgarh, and Goa University, Goa.
Of the 11th Plan budgetary allocation of Rs. 3,280 crore, Rs. 2,700 crore will be for setting up the new central universities and Rs. 580 crore will be pumped into the four State universities to help them with the upgrade.
Girls’ hostels
This apart, the Cabinet Committee on Economic Affairs (CCEA) approved the revision of the centrally sponsored scheme for construction and running of girls’ hostels for students of secondary and higher secondary schools in each of the Educationally Backward Blocks (EBB) of the country during the Plan period. The Centre will incur an expenditure of Rs. 2,000 crore, picking up 90 per cent of the bill. This will facilitate the construction of 3,500 hostels through State governments in all EBBs and also provide for a recurring grant to meet the residents’ needs.
The CCEA also gave its nod for a Rs. 325-crore scheme, ‘Providing Quality Education in Madrasas’. It is aimed at encouraging traditional institutions such as madrasas, maktabs, Dar-ul-Ulooms to introduce science, mathematics, languages and English in their curriculum from Classes I to XII.
Sunday, Oct 05, 2008
Special Correspondent
www.hindu.com