EDITORIAL

A Landmark Ruling

In a ruling that would have far-reaching implications, the Supreme Court has ruled that the sanction of Government for trial of public servants under anti-corruption or criminal laws can be obtained after the actual prosecution of the official under the relevant laws. Thus the court with one stroke has removed the biggest hurdle in the trial of scores of Government officials, particularly in the higher echelons, against whom cases of corruption or misuse of power have been pending for the want of the requisite sanction from the Government. In cases where the trial was actually taken up the greatest defense of the accused has been that the prior sanction has not been obtained. This actually was the plea in the case in which the ruling has come. An appeal had been filed by a former rural development secretary of Sikkim seeking to prevent his prosecution by CBI in an anti-corruption case because the trial had been started without the sanction from the Government whose head the Chief Minister himself was a co-accused in the case. Clearly the provision appears a handy tool in the hands of the political bosses to make their underlings do their bidding.

The condition of the prior sanction is a relic of old-times when the Government servant ....more

Agra Summit: A pre-set
Agenda

By D R Ahuja
High hopes before the Agra Summit between Indian Prime Minister Shri Atal Behari Vajpayee and Pakistan's President.....
more

Why is Centre sleeping
over Kashmir?

TALES OF TRAVESTY

By: Dr. Jitendra Singh
Sheshnag, Khannabal, Kishtwar and so on. One fails to understand what is the policy of the Govt of India? Is New Delhi.......
more

Reformation of Ritualism

By P L Kaul
Kalyana-Kalpataru, a monthly from Gita Press, Gorakhpur is striving to uphold Hindu philosophy and thought-to revive and re-invigorate our Hindu ......
more

Getting ready for tomorrow
Academic Pulse

By Prof S K Bhalla
Friends, it is now an incontrovertible fact that we have these days an ever increasing market for a need based and good education. The craze for.....
.more

UTI fiasoco will
damage Govt. Credibility

By M. N. Minocha
The former chairman of the Unit Trust of India (UTI) has been arrested by the CBI for .......
.more

EDITORIAL

A Landmark Ruling

In a ruling that would have far-reaching implications, the Supreme Court has ruled that the sanction of Government for trial of public servants under anti-corruption or criminal laws can be obtained after the actual prosecution of the official under the relevant laws. Thus the court with one stroke has removed the biggest hurdle in the trial of scores of Government officials, particularly in the higher echelons, against whom cases of corruption or misuse of power have been pending for the want of the requisite sanction from the Government. In cases where the trial was actually taken up the greatest defense of the accused has been that the prior sanction has not been obtained. This actually was the plea in the case in which the ruling has come. An appeal had been filed by a former rural development secretary of Sikkim seeking to prevent his prosecution by CBI in an anti-corruption case because the trial had been started without the sanction from the Government whose head the Chief Minister himself was a co-accused in the case. Clearly the provision appears a handy tool in the hands of the political bosses to make their underlings do their bidding.

The condition of the prior sanction is a relic of old-times when the Government servant serving alien interests was sought to be protected in the discharge of those 'duties'. Government, then, was an pursuit that was rarely in consonance with the local or peoples' interests. After independence the provision came to be justified on the ground that the discharge of official duty needed to be protected from frivolities or plain impedance by vested interests. It was argued that the peoples' Government would, in any case, waste no time in protecting any infringement of public interest through omissions, commissions or plain dereliction of duty. It would not countenance any corruption. That unfortunately has proved to be a false hope. The archaic laws enacted to protect the servants of imperialism became the shields behind which all sorts of corruption and misuse of authority have got an easy shelter.

The logic of the court decision is plain. Until the trial takes place, and the guilt or innocence of the accused is established under the law, the Government just cannot make a correct decision. Hence the ruling that the sanction can come after the case has been decided and the truth has been ascertained. Then, the Government permission would be a mere formality because it cannot be denied if the guilt has been proved. And, in cases where the innocence of the accused has been proved, the sanction may never be sought. The provision itself becomes meaningless. The court has thus effectively put the provision into abeyance. Since the prosecution is by the agencies of the Government itself there actually is no logic in insisting upon a prior or even post facto sanction. But it is imperative here that the agencies must be independent of the control of the Government which actually means the control of the ruling party. Their decision to prosecute or not to prosecute the accused, in a case referred to them, should be theirs. It should be based on the merits of the case and not he dictation of the political authority whose actions are not always without 'fear or favor' to 'all manner of the people'.

Agra Summit: A pre-set Agenda

By D R Ahuja

High hopes before the Agra Summit between Indian Prime Minister Shri Atal Behari Vajpayee and Pakistan's President Gen Pervez Musharraf and the despair when the summit ended without a declaration were both misplaced or rather unjustified. India and Pakistan have respective stands on Kashmir on which they are not willing to compromise. No doubt Gen Musharraf said before his India visit that he would create history and that he was going to meet Mr Vajpayee with an open mind, only a naive could hope that he was going to digress from his country's policy on Kashmir. Similarly, Mr Vajpayee's initiative in inviting Gen Musharraf giving up his earlier row that he would not talk to military leader and then his insistence that Pakistan must first stop sponsoring cross border terrorism did not mean that India would stop calling Kashmir as its integral part.

The stalemate in the summit demonstrates that a democratic country cannot negotiate with a military dictatorship on such complicated issues like Jammu and Kashmir. Gen Musharraf's constituency is the military and the Jehadi groups, who are his main supporters. The agenda of these two constituencies has been very clear from the very outset. The Jehadi groups warned Musharraf against giving any concessions to India on the stated position of Pakistan. Musharraf himself acknowledged in his breakfast meeting with senior Indian editors that if Indian wants him to ignore Kashmir, he could as well buy the Haveli in Delhi and live there. It is very clear that his main constituency back home is the Jehadi groups and army and any deviation from their position would make his own position jittery.

Gen Musharraf has sincerely acknowledged the statesmanship and courage of Prime Minister Vajpayee in inviting him to India for talks. The invitation means much more for Gen Musharraf than any other visits he made to other countries. He visited a number of countries in the Middle East and South East Asia, but never used the kind phrases in praise of their leaders as he did in India. This clearly indicates what the visit to Indian means to Gen Musharraf. However, unfortunately, his sincerity in words was not converted into action during the negotiating process.

Pakistanis, from the very outset, tried to destroy the summit primarily through the machinations of its High Commissioner in Delhi, Jahangir Qazi. It is very difficult to imagine that he acted on his own without a briefing from Islamabad. His first act was to invite the Hurriyat leaders for the high tea with Gen Musharraf, against the wishes and persuasion of the Indian foreign ministry to observe the diplomatic norms. Their argument that the Hurriyat leaders did meet the then President Leghari when he visited India in 1997. The context then was different. That was not a State visit. He visited to attend the SAARC summit. It is normal to have fringe meetings at the multilateral diplomatic norms to be observed. How would Pakistanis react if the Indian ambassador in Islamabad invites Pakistani secessionist organizations for a tea party during the proposed visit of Prime Minister Vajpayee to Islamabad later this year.

India invited Gen. Musharraf as the Chief Executive of Pakistan. In his true commando style, he elevated himself as President to have the proper protocol. While his friends in Islamic countries waited long to recognize his new position, India at once extended its recognition hoping that would strengthen his position to reach an amicable solution.

Notwithstanding the flouting of diplomatic norms, India did not try to prevent the Hurriyat leaders to attend the high tea. India has again shown its sincerity by not putting any spokes in their attending the meeting, as the main goal was to find an amicable solution. Even this message was not taken seriously by Musharraf. In his dictatorial style, he invited senior editors of Indian media for a breakfast meeting, and used the platform as a full-fledged press conference to air his views, even while the negotiations are continuing. Arrangements were also smartly made for nationwide telecast of press conference in Pakistan.

Government of India had no choice but to release the Prime Minister's opening paper to the negotiations, but has the sagacity not to address the press to air its views after Musharraf did so. The release of the Prime Minister's paper was more to reassure the Pakistani Generals that Kashmir issue was indeed discussed. The Indian side again observed diplomatic niceties of not addressing a press conference while Musharraf was still in the country. But Major General Rashid Qureshi, DG of the Inter Service Press Relations, had no respect for any rules and norms and described Indian ministers as invisible hand who prevented signing a joint declaration. It is most uncivilized to use such terms of the negotiations partners.

Does the international community not know what invisible hands are controlling Gen Musharraf? He came to India carrying the agenda of Jehadi groups. Perhaps Pakistan is the only country where its head had to consult terrorist (Jehadi) groups before the State visit. There is no such parallel. His negotiating agenda was already dictated by these groups even before he landed in India. The Jamaat-e-Islami Chief Qazi Hussain Ahmad warned Musharraf to avoid any "give and take" on Kashmir as he has no mandate to go beyond the stated position on this issue. The Al Badr central Chief, Muhammad Ahmad Hamza, said that they would not accept any solution to the issue other than the accession of the Valley to Pakistan and warned the President to refrain from compromising on this issue. The head of the United Jehad Council, Syed Salahuddin, said that the summit is only Indian ploy and bound to fail. The Lashkar-e-Toiba said the peace talks are a 'conspiracy' against Kashmiris and declared that its fighters would continue their Jehad.

With this pre-set agenda, Gen Musharraf was only interested in getting concessions from India on their 'core-issue' while not preparing to address the Indian core concerns. Gen Musharraf continued to highlight Kashmir as the core issue during his press conference in Islamabad (July 20) but fumbled when a Bangladeshi journalist asked him "in Agra you (Musharraf) said that India had trained Mukti Bahini and sent them into East Pakistan. Would you say that liberation movement in Bangladesh and now in Kashmir are the the same?"

(The author is formely Chief of Bureau of the Tribune)

Why is Centre sleeping over Kashmir?
TALES OF TRAVESTY

By: Dr. Jitendra Singh

Sheshnag, Khannabal, Kishtwar and so on. One fails to understand what is the policy of the Govt of India? Is New Delhi expected to rescue its unarmed unprotected unguarded masses from unrelenting militant strikes in Jammu and Kashmir or is the Vajpayee Government under some sort of obligation to show indulgence towards Pervez Musharraf thereby helping him to consolidate his illegitimate hold as the usurper President of Pakistan?

To put it in a single sentence, the Agra summit was a victory for Pervez Musharraf who went back as a hero eulogised simultaneously by the two domestic constituencies which sustain him --- namely the Pakistan's Army establishment and the Pakistan's fundamentalist clergy. He vehemently disowns being a party to the militancy in Jammu and Kashmir which he describes as an indigenous "freedom struggle". Even the naive anticipated an escalation in the terrorist activities in Jammu and Kashmir following the ruthless Islamabad postures in Agra. And yet, what is the response of the Govt of India? The Government has left its innocent citizens to the mercy of the Pak sponsored gunmen! You survive if the mercenary killer wants you to live, you die if the mercenary killer thinks he can make news by pulling a trigger unto you.

Pervez Musharraf had followed the same strategy in Kargil two year ago. He sent in his army men as infiltrators and disowned them saying they were Kashmiri "freedom fighters". So much so that later on the Pakistani authorities did not know how to go back on their word and accept the dead bodies of their officers and soldiers who had been killed in the hands of the Indian forces.

Now, with this kind of scenario, the need of the hour is a clearcut strategy which essentially ought to be twofold operating simultaneously at the military level on the one hand and on the other hand at the diplomatic level.

At the military level, the proxy war waged by Pakistan needs to be fought out like a war. Islamabad sponsored terrorism can be wiped out from Jammu and Kashmir within a few months if only New Delhi has a determined will to do so without getting tied down in politics of appeasement. According to Sir Winston Churchill, appeasement is like feeding the crocodile day after day in the hope that one day it will give up its hostility. We have before us the example of Punjab where KPS Gill, with the full backing of Beant Singh, succeeded in wiping out terrorism as if it had never existed.

At the diplomatic level, the policy - makers in New Delhi need to learn a lesson or two. It is importnat to send out the message ---- loud and clear --- that India is no soft State which can be taken for a ride by anybody and everybody --- whether it is a bullying neighbour conspiring from outside or a black-mailing traitor conniving from inside. Those of the socalled Indian intellectuals who are never tired of finding fault with their country's human rights record should be disbanded to far-flung remote areas infested by the militants so that they may rescue the unguarded villagers by delivering sermons on human rights to terrorists whenever the latter arrive on their next massacre-spree.

The Vajpayee Government will have to prove its spine or else it would go down in the history as an illustration of ineptness and impotence. The common man is fast losing his faith in the ability of his rulers to be his saviours. For Umapathy, the Centre's inaction amounts to its connivance with the enemy forces. To use the poetic refrain "Mere Qatilon Ki Gwaahi Mere Doston Se Hai....".

Reformation of Ritualism

By P L Kaul

Kalyana-Kalpataru, a monthly from Gita Press, Gorakhpur is striving to uphold Hindu philosophy and thought-to revive and re-invigorate our Hindu religion, our Sanatan Dharma. Its special issue of October, 2000, titled 'Sanskriti Number', has been another milestone in the course of this organ. Apart from what has been published, there is still need for honest appraisal of gains and losses of Hindu religion in relation to other religions. Indeed, our Hindu Dharma, Hindu culture are at cross roads today. Irrespective of our outstanding heritage, our philosophy, our thought, Hindus have remained at the receiving end during the last millennium. Owing to inner contradictions in social set-up, particularly caste based discrimination, lack of effective correlation of the high philosophy of Hindu tradition to the stagnating state of Hindu society, Hindu religion has become fertile ground for other faiths for conversions to their faiths through fair and foul means. Both, Muslims and Christians have multiplied their numbers when Hindus have relatively reduced in terms of numbers and area of influence. Politically too, Hindus have been loosers. The creation of Muslim states of Pakistan and Bangladesh has posed constant threat to whatever remains of Hindus in India. The recent casualty has been Hindus in Kashmir. In fact, the sword of Muslim fundamentalism is looming large over Hindus and Hindu Sanskriti. Hindus, as ever, are on the defensive, almost helpless spectators to this looming threat, caught as they are in the web of so called secularism and majority-minority politics. Today, it is high time to think about the very survival of Hindu society and how it can be transformed into a dynamic society, upholding what of our Sanskriti and tradition is now relevant and giving up all the dead weight.

In his book-'Essence of Hinduism', Late Prof. D S Sarma (1883-1970) states that Hinduism, in its long history, has witnessed periods of Renaissance. The Upanishads with the message of universal spiritual religion represent the earliest Renaissance in Hinduism. It come after a long period of complex sacrificial religion of the Barahmanas. The next Renaissance came around second century B.C-after the fall of the Mauryan empire. This gave us the great didactic epics, the Ramayana and Mahabharata, including immortal Gita. The third Renaissance came in the fourth century A D which corresponds the brilliant Gupta period of Indian History. It brought in its wake our great system of philosophy and popular scriptures- the Puransas and the Tantras intended to educating and training the masses in Hindu Dharma. The fourth Renaissance came in the eight century A.D., following period of confusion after King Harsha's death, when Hinduism absorbed foreign invaders on a vast scale and Rajput kingdoms were established. The results of this Renaissance are seen in the great works of Shankara, giving firm philosophic basis to Hinduism, and also in the great Bhakti movements in Vaishnavism and Shaivism in southern India. The fifth Renaissance came in fifteenth century A.D. It was a reaction to the excessive formalism of scholastic philosophy. This brought forth the later Bhakti schools of Ramananda and Kabir in northern India.

The latest Renaissance, listed as sixth Renaissance by Prof. Sarma, amidst which we are living today, was preceded by a dark period of a century and a half in which nothing creative in religion, literature of art was done. By 1830, Ram Mohun Roy founded Brahmo Samaj. Around this time new universities were started and Orientalists translated Sanskrit texts. In the last quarter of the nineteenth century, institutions like Indian National Congress, the Arya Samaj and Rama Krishna Mission were founded. These heralded the rise of Indian Nationalism and with it a Renaissance of Hinduism. In fact, it is not Renaissance for Hinduism alone, but for all the people of India, creating alround urge for change, reform and freedom. Apart from intensifying the struggle for freedom from alien rule, it generated movements against ancient social order and the consequent social injustice and tyranny arising therefrom. It also evolved new challenges which confront Hinduism today. The biggest challenge is: "how far will Hinduism be able in the present age and amidst new forces to preserve its soul, maintain its individuality, conserve its strength and at the same time satisfy the deepest aspiration of the modern spirity?" Religious bigotry is the main enemy of religion. Hinduism has remained subjected to numerous inhuman and immoral practices-sati and slavery, untouchability and unapproachability, enforced widowhood, sanctified prostitution, self-torture and sacrifice of living beings. There is urgent need to rid the religion of all the inhuman and immoral practices and further strengthen its moral fibre.

Over the centuries, maze of rituals, rites, ceremonies and customs has developed in Hindu religion. Today, multitudes of common innocent Hindu folks stand lost in this maze and are even exploited on this account. Still ritualism is considered to be a vital ingredient of religion-it is regarded to be the legs of the body of religion, while morality are its hands, worship the heart and its philosophy the head. Ritualism performs various functions-both objective and subjective. Religion comes to us in our early years as a social product in the form of ritual as an embodiment of faith and it binds together large groups of believers. This is an important social function that ritualism performs. It performs historical function as it extends to generations after generations, binding present with past and thus it secures a visible continuity of religion. Symbolism is the chief function of ritualism. Performance of rites undergoing fasts and penances, offerings, undertaking pilgrimages etc. are intended for visualising belief, our gratitude to God and purification of our mind and spirit. The three functions thus enumerated-social, historical and symbolic, are considered objective in nature. The subjective functions of ritualism are: psychological function of providing an outlet for religions emotion, aesthetic function which promotes arts, moral function which helps to inculcate a sense of discipline for self-control, and finally the mystical function that makes us feel closer to God.

Hinduism has survived the assaults to various enemies over the centuries owing to protection afforded to it by its very deep-rooted ritual based system. Inspite of this ritualism has been the cause of its stagnating process. It ritualism continues without reform, it is bound to perpetuate a low type of religion. It tends to make religion not only mechanical, but also static. Ritualism must keep pace with changing times and situations, changing ideas and even faith. For instance, scientific discoveries and explorations have given us more correct ideas of the universe around us, of the history and geography of our own planet than which our ancestors entertained. The rituals/rites etc. based on earlier misconceptions as such, need to be modified on given up.

The recent forced mass migration of Kashmiri Pandits from Kashmir has brought this community to different situations and environs and exposed it to different faiths, social interactions and attitudes. Till migration, this community boasted of its pure ethnic Aryan Brahman stock because marriages of its boys and girls remained mainly confined within the community. Today, this pure ethnic identity is endangered as these marriages outside the community/caste have substantially increased in recent years. This rising tide of intrusion thus threatens the centuries old social set-up of the community. Worst of all, in the changed situation, Kashmiri Pandits find it difficult rather confusing, to carry on and faithfully abide by their socio-religious beliefs, traditions, ceremonies, rituals and rites. Moreso, when these do not entirely fit in the broader frame of socio-religious practices of Hindus outside Kashmir. By and by, willingly or unwillingly, they are adopting other social-religious practices for performing their ceremonies and rituals, more because of convenience and obviously devoid of conviction. An instant example is performance of 'Yagneopavit' or sacred thread ceremony of Pandit boys. At one stage, this ceremony was considered the most important event in Kashmiri Pandit's life. Over the years, this ceremony has lost relevance for most of the members of the community and it is just performed by them in name alone. The biggest joke is that while remaining ardent 'Sanatanists', some have taken to 'Arya Samaj' way for performing the thread ceremony within two-three hours time. A few decades back, performance of this ceremony extended over a couple of day, including continuous 'Yagya' lasting about twenty hours. There are many other ceremonies and rituals which perforce and being modified under stress of paucity of time, paucity of required space in small dwellings of the migrants, wide spread-over of kith and kin and finally difficulties encountered in securing services of Kashmiri Pandit Priest versed in performance of ceremonies, rituals and rites 'Karma-Kanda' followed by the migrants in Kashmir.

In the social set-up of Kashmiri-Pandits, the sub-cast 'Gor' or Priestly Brahman enjoyed pre-eminence and authority possibly in all socio-religious aspects of life of non-priestly Kashmiri Pandits, known as "Karkuns', from birth to death and thereafter. Every Kashmiri Pandit family had its own family priest-'Kul Brahman' who would be available to the family for conducting family sacraments regarding birth, death, marriage and in domestic liturgy, sacrificial rituals etc. He maintained as almanac in regard to births and deaths in the family for celebration of birthdays and performance of 'shrada' etc. He would also cast horoscopes of members of 'Jajman' family and forecast events, determining auspicious day/time for important activities/events of the family. This institution of Kashmiri Priestly Brahmans started disintegrating some decades before the recent migration of Kashmir Pandits from Kashmiri. A couple of reasons are there to account for this process. Most of the non-priestly Brahmans, 'Karkuns', influenced by modern education and development in science and technology, lost faith/interest in the functionary role of priestly Brahmans. This resulted in loss of social status of the priests and consequent ambiguity in their socio-religious role in the community. This situation induced up coming generation of the priestly Brahmans to give up their traditional occupation for socially more acceptable and respectable professions like teachers, doctors, engineers etc. This shift brought about substantial shrinkage in the priestly group which has further accentuated after migration. The number of Kashmiri Brahman Priests is fast dwindling and the small number left in the procession today are exploiting the situation to their advantage. They no longer function as 'Kul Brahman's. They undertake assignments of various socio-religious functions mostly on contractual basis and on terms dictated by them in keeping with demand and supply of these functionaries at a particular time. Now the sanctity about these professionals is almost lost.

Obviously, Kashmiri Pandit community cannot, in the changed situation, keep clinging to its inherited socio-religious perceptions. In fact, the whole Hindu society cannot for long resist the urge for change, for reform, for freedom from shackles of out-dated socio-religious order to satisfy the aspirations of the modern spirit. Of course, pragmatic approach is required to accelerate the process of change in the right direction. Here is plenty of work for those who have both religious zeal and enlightened scholarship. Ritual system as it is today, is, to a greater extent, deeply entrenched in priesthood with vested interests, who are intellectually contemptible and morally depraved. A welcome news is about University Grants Commission (UGC) having decided to introduce a new course in 'Purohtiya' (Vedic priestly rituals) at graduate and post-graduate levels. It is also reported that certificate course in this vacation has already started in some institutions. Anyway, there is acute need for trained and well educated priests with a mission rather than the untrained ones who make mess of rituals to the detriment of Hindu faith. A well designed training course for up coming generation of priests is required as shall be conducive to simplify and rationalize our ritual system to restore faith and effectively inculcate it in the coming generations of Hindus. An endeavor has to be made to establish rational correlation between religious practices and scientific outlook. We need to acquire religious knowledge with precision, leaving aside the heavy load of dogma.

Getting ready for tomorrow
Academic Pulse

By Prof S K Bhalla

Friends, it is now an incontrovertible fact that we have these days an ever increasing market for a need based and good education. The craze for information regarding issues concerning careers and educational opportunities is so great that the leading national dailies are coming out with special supplements in these domains on certain fixed days of a week with the leading experts in the field at the disposal of readers. The swelling numbers of students and the tough competition for job opportunities in conventional areas as also opening of hitherto unknown employment vistas in entirely news areas has created an environment of multiplication of various institutes striving in their own way to fulfil the needs of aspirants. How far the standards are rigorously maintained is a moot point?

On July 20, 2001 The Hindustan Times brought out one full page media marketing feature under the caption Career Opportunities in Jammu in which information was rendered regarding Master Education Services: A Leader in Education, Jamwal Group of Educational Institutes, Turning Point, Aptech Computers, Macrovision Educational Systems, Kawa Institute, ET&T, and CREDTI Vision. There were also advertisements alongwith others in the field of the aforesaid educational services giving us information about the affiliation to different Universities, eligibility, duration of course/es, infrastructure, placement status, franchise, study centres, State of art centres and course fees. Interesting information regarding training 2 millionth student, summer training programme alongwith phone and telex nos was also made available. The courses mainly related to computer education and management education.

Arrmed to impart education as these concerns are in their own way some nagging questions agitate the mind of discerning people. Why did the feature not furnish details regarding such courses if any operational or likely to be operational in our Degree Colleges for making a comparative study? Why we in Govt. Sector fail to sell our product with the elan integral to the private enterprise in education? Why is it that we donot see more often information regarding updating of other courses offered by Govt. Colleges and University agencies?

The reasons are not too far to seek - (A) A number of courses offered in Govt. Institutes are not as per the requirements of times and hence outlived their utility (B) There is no urge to excel in our perspective field in Govt. Sector (3) Govt. Sector is starved of funds (4) There are many bottlenecks in the functioning of Govt. Institutes (5) Initiative, vision and marketing strategies are missing in case of Govt. Institutions (6) Govt. institutions breed the tendency of passing the buck and (7) No drive and liking for excellence in Govt. Sector in a majority of cases is visible.

So the time is not far off when Govt. Institutes will be completely relegated to the background if not injected life. In our State there are a few colleges in which Science Stream has yet to start. It shall take a couple of years to establish Management and Computer Labs. and then there will be the problem of inadequacy of staff, equipment alongwith other post installation problems.

The purpose of writing all this is to impress upon the concerned to reorder our priorities in Govt. Education Sector in a short span of time by substituting short-term courses and open our gates for competition without any hitch. The dead wood needs to be discarded, the entire faculties need to be freshly trained and oriented. In case measures are not taken the worst effected would be poor sections of society. I shall be concluding this week's write-up quotining from a computer education advertisement showing a youngman who says in the first part "I joined college yesterday, so why I have decided to enrol at.........today" and in the second part he says "I am getting ready for tomorrow" indicating the futility of our outdated curricula especially in the State run institutes.

UTI fiasoco will damage Govt. Credibility

By M. N. Minocha

The former chairman of the Unit Trust of India (UTI) has been arrested by the CBI for diverting the Trust funds for the benefits of his friends and some brokers. In the history of Independent India, stock and financial market scams are not unknown. There have been many instances of banks failing, private insurance companies disappearing with premium money and, in recent years, non-banking finance companies either vanishing into thin air or, if they are still around, simply unable to pay back the depositors.

But what is now become an alarming phenomenon is that these scams are coming thick and fast. Just three months ago, the stock markets were allegedly manipulated, first by the bulls and then by the bears, and even as a parliamentary inquiry has begun into these manipulations, there are strong whiffs of another major scandal in the UTI, the country’s largest mutual fund which enjoyed as much public trust as only a Government institution can command.

When UTI announced its annual results on July 2 this year, there was first disappointment with the low 10 per cent dividend for the Unit Scheme 64 (US-64). Then there was resentment that the scheme was to be suspended for six months which meant investors funds were to be blocked for that period. Now, there is apprehension about the safety of the investment itself. The question on every depositor’s lip is "Will I get my money back?"

There is more to the UTI crisis than is evident even now. While enlightened investors were sensing that UTI had made some bad investments and would, therefore, pass on a lower dividend, the Union Finance Ministry smelt a rat. And worked out a strategy which eventually backfired.

The Finance Minister, Mr. Yashwant Sinha, is now on record that he was very worried about UTI from March itself and that he personally expressed concern to the Finance Secretary, Mr. Ajit Kumar, some 10-15 times. Now, what was worrying the Finance Minister? Obviously not the low dividend that was being expected. A 10 per cent return, that too tax free, is not something that one would scoff at these days, given the returns that are on offer for almost all investments. Was Mr. Sinha then apprehending that there was something more fundamentally wrong in UTI? Yes, he was and the answer again has come from him. He has now gone public to say that repeated verbal and written communication that the Finance Ministry addressed to UTI elicited the response that "every thing is under control, that UTI would not come to the Government for help and that there was no need for any worry?". What is not spelt out is what was "under control".

So when the results came out on July 2, the Finance Ministry moved quickly to focus the entire attention of the depositors on the suspension of the scheme. The very evening, the Ministry expressed unhappiness about the decision to stop sale and purchase of US-64 and started goading UTI to find ways and means of providing some liquidity to the investors. This initially led to all attention being on the suspension of the scheme and no queries were raised about any insider trading in UTI which led to a massive redemption of over Rs. 4,151 crores in just two months of April and May 2001 at a high price of Rs. 14.25 per unit, mostly by private companies, public sector institutions and other bigwigs. Second, the focus was also shifted away from the type of investments that UTI had made – whether a particular clutch of shares was favoured which coincidentally happened to be favourites of the scam accused stock-broker, Mr. Ketan Parekh, as well and have now fallen so drastically that the investment has practically turned a dud. Subsequent public pressure for a look into these aspects as well forced the Finance Minister to finally announce a probe, a week after the results were announced.

There are enough indications that the possibility of wrong-doing within UTI was very much on the mind of the Finance Minister and the top brass of the Ministry. Why otherwise would the then UTI Chairman be asked to quit – merely because the UTI Board had decided on the suspension of the scheme. Was this decision so big a crime that it called for the sack of the Chairman? No, the Ministry had gotten wise to the going-on within UTI.

This begs the question why was the Government inactive since March and all it did was express concern. Mr. Sinha has an elaborate explanation for this too. Under the UTI Act, there is no role for the Government to "micro-manage" this large public institution which has over Rs. 60,000 crores of public money at its disposal. The management of this large sum is left to UTI’s top brass and a handful of other public sector financial institution chiefs and some independent individuals who occasionally grace the Board meeting of UTI. That such managements could take wrong decisions or willfully indulge in unhealthy business practices is indeed a very alarming proposition because these public sector financial institutions have thousands of crores of public money at their disposal and their actions could damage the economic well-being of crores of people, apart from undermining the very economy of the country.

Significantly, the UTI fiasco has again brought to the fore the role of the Government in a liberalised economy. Should the Government withdraw completely and leave the managements autonomous as was the case with UTI. Or should there be government supervision because, ultimately, it is the Government which is answerable to Parliament and the people for any wrongdoing. Till 1997, the Government was overseeing functioning of UTI through a sole representative on the Board. A move was made to review this in 1993-94 but the then Finance Minister, Dr. Manmohan Singh – thank God for this sagacity – decided to continue with the practice of a Finance Ministry nominee on the UTI Board. By 1997, the liberalisation mood had got strengthened and that year it was decided to withdraw the Government nominee. The result is for all to see. The Finance Minister gets a gut feeling that something is wrong with UTI but all he gets in return are false assurances. Had a Ministry nominee been on the Board, he may have been able to ferret out more information.

But Mr. Sinha was on slippery ground when he was asked what the other Board nominees were doing – especially the chiefs of LIC and other financial institutions who are on the UTI Board. Did none of them even whisper to the Finance Minister that something was wrong with UTI. In case they were not aware of anything, it speaks volumes for the seriousness with which they take their jobs. If they did and still did not "squeal," it probably indicates some amount of immaturity. All Mr. Sinha is saying now is that he would find out how much information was shared with the Board. Anyhow, the matter of having a Government nominee on the Board is back in focus and would in all probability be accepted. For the UTI investor, however, Mr. Sinha’s defence that he was kept in the dark would not be enough. The first concern is obviously about the safety of the investment. The investor would be keenly watching how fast UTI implements the recommendations of the Deepak Parekh Committee which had basically suggested that UTI move back. INAV



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