‘Miss World Punjaban’
to be held on Nov 30

LUDHIANA, Nov 3: Seventh ‘Miss World Punjaban’, a biennial beauty pageant, will be held at Punjabi .......more

Modi roadshow-a
heady cocktail of
regionalism-nationalism

AHMEDABAD, Nov 3: Children cheer loudly, youths jostle to shake hands with him and women......more

Asean artistes’ ballet
testimony to relevance
of Ramayana

NEW DELHI, Nov 3: The Ramayana, though uniquely Indian, holds universal appeal. That the story .....more

Sarod maestro’s
collection of rare
musical instruments

NEW DELHI, Nov 3: She has mingled with Rajas and Fakirs and travelled far and wide.....more

Law and order cannot
be a ground for
postponement of polls: SC

NEW DELHI, Nov 3: Apparently keeping in mind the premise on which the Election Commission ........more

Time to ease tension
on border as army
prepares to return!

JAIPUR, Nov 3: It is time for easing tension on the Indo-Pakistan border as the Indian army......more

Few takers for Indian brands as Chinese crackers hit market...

Verma advocates social security cards for unorganised sector...

Snags in hiring more judges to dispense justice...

It was Advani c/o Indira Gandhi during emergency: DPM...

‘Miss World Punjaban’ to be held on Nov 30

LUDHIANA, Nov 3: Seventh ‘Miss World Punjaban’, a biennial beauty pageant, will be held at Punjabi Bhawan here on November 30.

The chairman of Sabhyacharak Sath, organisation which organises the pageant, Jasmer Singh yesterday said around 500 entry forms had already been received by the organisation.

First phase of screening and interviews of the aspirants for the pageant was organised here yesterday in which around 130 girls from Chandigarh, Delhi, Haryana and different districts of Punjab, including Amritsar, Moga, Gurdaspur, Kapurthala, Barnala, Jalandhar and Bathinda, participated.

More aspirants from other districts of Punjab will be interviewed at Punjabi bhawan here on November six. (UNI)

Modi roadshow-a heady cocktail of
regionalism-nationalism

AHMEDABAD, Nov 3: Children cheer loudly, youths jostle to shake hands with him and women shower flowers on him as he waves at them to the accompaniment of drums and trumpets.

Vignettes from an Amitabh Bachchan roadshow? no. But scenes from Chief Minister Narendra Modi’s ‘Gaurav Yatra’ as his juggernaut rolls on through rural Gujarat on its eighth phase ahead of the crucial December 12 Assembly elections.

Announcers hail him as the "pride of five crore Gujaratis" as Modi’s DCM Toyota convertible `rath’ approaches motley crowds along the roadside in Anand, Khera and Ahmedabad districts.

He dismisses small crowds with a wave of his hands, addresses medium crowds from the vehicle’s rooftop using a hydraulic lift and large crowds from an inbuilt-stage which opens on the sideways of the vehicle.

The vehicle comes to a screeching halt as it is stopped by little girls with ‘Mangal Kalash’ on their tender heads and Sannyasins in saffron robes at Barthal - the birthplace of the founder of the influential Swaminarayan sect where the religious leaders present him with a cheque of Rs 1.5 crore.

"Can such a crowd be stage-managed,? he asked this PTI correspondent who accompanied him during the `Yatra’, pooh-poohing the opposition allegations.

Modi, who has been widely criticised for his role in the post-Godhra violence, uses a heady mix of regionalism and nationalism to woo the crowds, charging Congress and "pseudo-secularists" with projecting Gujaratis as "killers and looters" and promising to teach Pakistanis a lesson their seven generations would remember.

As the ‘rath’ traverses through Chaklasi and Mahudha along the 175 km route, an excited modi says, "this is all congress stronghold but see the crowds."

Besides a convertible stage and hydraulic lift, the ‘rath’ is equipped with a bed for the Chief Minister to rest, seats for party leaders to hold a meeting and a kitchenette.

Boiled vegetables are his staple diet as he journeys across the state, escorted by a few security personnel and an ambulance, leaving little room for opponents to pin him down for violating the model code of conduct.

The language too has undergone a visible change. From the post-Godhra rhetoric to a non-communal approach.

"Look at that road - that is the country’s first expressway between Ahmedabad and Vadodara, which will have an interruption free traffic flow," he says and asserts "we will seek a positive mandate from the electorate based on the four-and-a-half years performance of the Government."

Asked to compare his ‘Gaurav Yatra’ with senior party leader and now Deputy Prime Minister L K Advani’s ‘Rath Yatra’ on the Ayodhya issue which overnight changed the party’s electoral fortunes, Modi says in all humility, "every yatra has an objective. I am a small worker inspired by leaders such as Advani. I have to learn a lot from them."

"There is no full stop in social and political life," modi says as he signs an autograph and poses for photographs before embarking on the next leg. (PTI)

Asean artistes’ ballet testimony to relevance of Ramayana

NEW DELHI, Nov 3: The Ramayana, though uniquely Indian, holds universal appeal. That the story transcends time, culture and countries became apparent when performers from ten Asean Nations staged the epic interpreted in their unique style.

The Ramayana is unchanging yet ever new. This was demonstrated in "realising Rama", the ballet presented here earlier this week by performers from the Asean committee on culture and information who sought to interpret the story in the present day context, showing its relevance in this age.

"Its basic theme — the archetypal fight between good and evil — holds relevance to this day and can be retold and refashioned. Hence its enduring charm," said Dr Nicanor Tiongson, a cultural historian form Philippines while elucidating on why the Asean artistes chose to stage the epic.

The story continues to have a deep impact in the South East Asian region where it has inspired many performing visual art forms. Each country has adopted the ramayana its own way with local artistes interpreting it in oral and written literature, music and dance. It has, over the centuries, been assimilated and transformed by local history, geography and way of life.

The epic found expression through Dr Tiongson who felt the Ramayana could showcase the spirit of cooperation of asean. "The Ramayana continues to permeate the region deeply and is woven in the basic fabric of local cultures," he said.

The much-acclaimed production which premiered in Hanoi in December 1998 and has since toured other countries in the region and Europe in 2001 was presented for the first time in the capital on Thursday.

The ballet begins with lord rama competing for the hand of Sita and goes through several artistically lavish scenes to the epilogue, "Rama realized" where tempered by his ordeals and glowing with inner strength, Rama becomes the leader of his people. In contrast to the Indian presentation of the Ramayana, the ballet has stylised movement and at the same time is very lyrical. The influence of the martial art forms of the region is also evident in the movements of the artistes. The ballet involves some very innovative choreography and stunning production values.

The ballet was presented by the delhi tourism in collaboration with the Indian Council of Cultural Relations and Indian Airlines.

Talking about the uniqueness of the Asean presentation, managing director of Delhi Tourism Rajeev Talwar said two sequences, in particular, were outstanding.

The building of the bridge to Lanka by Hanuman’s ‘Vanar Sena’ has been depicted with bamboo poles placed on the shoulders of the artistes over which Ram and Sita walked after he rescued his beloved from the demon king Ravana.

The other was the decisive battle between Rama and Ravana which has been depicted in an extraordinary manner, he felt.

"The artistes portrayed the final fight using martial art forms of the region. Their agility and grace was a treat for the eyes," he added.

The costumes too bore the stamp of the region — rich, flowing silk and brocade in vibrant shades.

"Realizing Rama" looked at the theme of selfless leadership and presented it in contemporary South-East Asian context. Such leadership is what Asean countries require to combat their problems, the directors felt.

Artistic director of the ballet Denisa Rayes, a choreographer from Philippines, said, "while having a contemporary touch and enriched with details from various Southeast Asian versions of the epic, the production closely follows the original."

Mr Nestor Jardin, project director also from Philippines, felt, "it is an allegorical presentation. Rama is the ideal statesman who undergoes a process of self-purification and overcomes the temptations of wealth and power. He conquers his ego, acts with wisdom and compassion and thereby attains a balance of heart (Sita) and mind (Lakshman)."

Acclaimed Indonesian composer Rahayu Supanggah, who gave the music, used the influences found throughout Asia with traditional instruments of the region. The striking sets were designed by Bayu Radjikin from Malaysia. (UNI)

Sarod maestro’s collection of rare musical instruments

NEW DELHI, Nov 3: She has mingled with Rajas and Fakirs and travelled far and wide to put together her treasured collection of rare musical instruments which are now on display for all connoisseurs of the arts.

So you can treat your eyes to some exquisitely carved ancient sitars, sarods, flutes, tablas among the 300 odd Hindustani and carnatic classical music instruments that Sarod maestro Sharan Rani Backliwal has donated to the national museum from her personal collection painstakingly put together over two decades.

The petite musician, who has been playing for over six decades, since the age of eight, says, "while on tours I used to enquire from all and sundry if anyone had old instruments belonging to musicians from Rajwadas (principalities) and which they were willing to part with."

"I was able to obtain some treasured possessions like Ayodhya Prasad’s Pakhawaj, Lakshmi Prasad Misra’s Veena, Shambhu Maharaj’s Ghungroo’s," says the artiste from the Senia-Maihar Gharana who trained under the great Ustad Allaudin Khan.

She has already donated some 150 instruments in 1980 to the museum where they are on display in the Sharan Rani Backliwal Gallery of musical instruments. The new collection will be added on to the earlier one.

Since childhood she was fascinated with anything musical and used to collect such items. "There is music in everything," she says. "I even have a metal foot cleaner and a kumkum container which have tinkling bells attached," she smiles.

Ms Backliwal admits it is difficult to part with such treasured possessions, but, "people should know the variety and depth of our music which is exhibited through these instruments ."

She says several museums abroad had asked approached her for the instruments but, "I refused as I wanted them in India, housed under one roof for people to appreciate."

among the priceless treaures, there is a Mayuri Sitar (1850) acquired from the Royal family of Bengal. It’s neck is shaped like a peacock, covered with maroon velvet with intricate ivory work. Also among the items is an uncommon Durbari Sitar (1850) with a mehrab design.

"The earlier instruments used to be more decorative and somewhat larger in size," Ms Backliwal points out.

The collection also houses some uncommon instruments that have either disappeared or are rarely heard these days — a Rabab (1840) painted with figures and having a tiger head, an exquisitely carved Dilruba (1825) from Kashmir, a brass drum with figurative panels (18th c) painted with gold and having ivory bridges and a tortoise type "tumba."

"It is an onerous task to take care of the instruments and keep them in good playing condition, especially as most are old and worn and need to be handled with care and devotion," says Ms Backliwal who has single handedly put together the entire collection.

There are also some western instruments that the artiste acquired on her trips abroad including an UD (1900) from Iran, a harp from UK, flutes known as Shakohachi from Japan, Bamboo instruments from Africa and strips from Kenya dating back to the early 19th century. There is even a harmonium made in France

The piece de resistance, however, is an enchanting collection of miniature instruments — a gramophone complete with LP records, a conch shell, an entire band, a piano, sitar and dholak, among others, all crafted and designed to perfection.

"The instruments, ranging from the 15th to the 19th century, span different states, regions and gharanas (musical schools). They show the forms, styles and evolution of the instruments over time, allowing for comparative and developmental studies," Ms Backliwal points out.

Citing ancient literature, Ms Backliwal says the origin of dance and music in India is attributed to Gods, Goddesses and gandharvas. There are references to different musical instruments in our literature and murals, paintings, excavations also depict a large variety of instruments.

Bharat Muni, the author of the Natya Shastra, classified instruments into four types — Tata Vadya (chordohones or stringed instruments), Susheer Vadya (aerophones or wind instruments), Ghana Vadya (idiophones or solids struck against each other to produce sound), and Avanaddha Vadya (membranophones or percussion instruments). The collection has instruments from all the categories. (UNI)

Law and order cannot be a ground for
postponement of polls: SC

NEW DELHI, Nov 3: Apparently keeping in mind the premise on which the Election Commission had postponed polls in Gujarat, a constitution bench of the Supreme Court has ruled that law and order should ordinarily not be a ground for deferring elections.

Giving exclusive jurisdiction to election commission to conduct polls and fix its schedule, a five-judge constitution bench comprising Chief Justice B N Kirpal, Justice V N Khare, Justice K G Balakrishnan, Justice Ashok Bhan and Justice Arijit Pasayat unanimously held on October 28 last that "ordinarily, law and order or public disorder should not be occasion for postponing the elections...."

The Election Commission in its 40-page order on August 16 had deferred holding of polls in Gujarat to November-December on grounds that the electoral rolls in the state were defective and that the law and order situation was not normal.

The EC in its order had said "the law and order situation cannot be said to have become normal as fear in the minds of large sections of the electorate, particularly of the minority community, is still a palpable reality and the riot victims would be extremely wary of going to the polling stations to cast their votes fearing risk to their life and property".

Justice Pasayat and Justice Balakrishnan, who wrote separate but concurring judgements, also indicated that law and order situations engineered by certain persons should be sternly dealt with and "should not normally be a ground for deferring elections....".

The Supreme Court also rejected the stand of the Election Commission that "article 174 of the constitution must yield to article 324 in the interest of genuine democracy and purity of elections".

While article 174 mandated that six months should not lapse between two sittings of a house, article 324 gave exclusive jurisdiction to the commission to superintend, direct and conhile holding that "elections should be held within six months for constituting Legislative Assembly from the date of dissolution of the Legislative Assembly", the court said "article 174(1) and article 324 operate on different fields and neither article 174(1) is subject to article 324 nor article 324 is subject to article 174(1) of the constitution."

Expressing inability to hold elections in accordance with the mandate of article 174(1), the Commission had stated in its order that "the non-observance of the provisions of article 174(1) in the aforesaid eventuality would mean that the Government of the state cannot be carried on in accordance with the provisions of the constitution within the meaning of article 356(1) of the constitution and the President should step in".

The constitution bench said "it appears that the gratuitous advice of article 356 by the Election Commission in its order was in all sincerity, although now in our interpretation of article 174(1), we find that it was misplaced".

Justice Balakrishnan in his judgement said "reference to article 356 was incidentally made by the Election Commission to point out that if article 174 cannot be complied with, the possible alternative is to invoke article 356 and declare a state of emergency."

"I do not think that the solution suggested by the Election Commission is appropriate or justified. Article 356 has no application under any of these situations," he said.

Justice Pasayat, agreeing with the other judges, said "mere non-compliance of article 174 so far as the time period is concerned, does not automatically bring in article 356."

The bench also rejected pleas by Election Commission as well as Congress and other parties that questions in the presidential reference were not framed properly and hence should be returned without expressing any opinion on it.

Justice Khare, writing the main judgement, said "the questions raised in the presidential reference are of public importance and are likely to arise in future.

"Further, there being no decision by this court on the questions raised and a doubt having arisen in the mind of the President in regard to the interpretation of article 174(1) of the constitution, the reference required to be answered."

On the arguments by several leading counsels that the reference was "inherently incapable of being answered", Justice Pasayat, quoting an earlier judgement of the court, said "it is necessary to deal with some wider aspects of the problem which incidentally arise and the decision of which will assist us in rendering our answers to the questions framed in the present reference". (PTI)

Time to ease tension on border as army prepares to return!

JAIPUR, Nov 3: It is time for easing tension on the Indo-Pakistan border as the Indian army prepares to return to peacetime locations from forward positions where it had been deployed 10 months back in the wake of the terrorist attack on Indian Parliament.

Although the deployment of the army on the border along Rajasthan caused some problems for the farmers in terms of losses to agricultural produce and also human lives due to land mine accidents, the residents in Jaisalmer, Bikaner, Barmer and Ganganagar districts will fondly remember the assistance they received from the units deployed there on several occasions.

The withdrawal of the army is likely to be completed in phases with strike core and armed regiments returning to barracks first, a report from Jodhpur quoting official sources said.

To facilitate easy movement of special trains carrying army goods, the Railways have cancelled Jodhpur-Bhatinda and Jodhpur-Bhopal trains till further order.

The withdrawal of the army would pick up when the Railways provide rakes within the next one or two weeks.

Preparing for their return, the armed forces have started packing up arms and ammunition, another report from Jaisalmer said.

The report quoting army sources said the engineering wing had started removing anti-personnel and anti-tank mines laid in the wake of the army deployment.

While the army is preparing to return from forward locations, the villagers in the border areas are saying goodbye with a heavy heart to the jawans they shared their moments of joys and sorrows with for the last 10 months.

Villagers in border areas in Jaisalmer said they would feel a void after the jawans return as emotional bonds had been created between the men in uniform and the local residents who started depending on each other heavily for their daily needs in the most inhospitable desert environment.

The local village economy had flourished due to the presence of army jawans who depended on local markets for their daily needs.

The local village economy in border areas could be sustained in the period of slump in tourism trade only by the presence of the army, said a trader Prithvi Raj.

The army’s presence also ensured medical and health facility to the surrounding population, said a villager Abhay Singh. "We got help of army medical doctors and also medicines from them in our hour of need," he said.

The residents of far flung desert villages also got the most precious commodity in the land of sand dunes - water -which was regularly rushed to forward locations for the jawans.

An army brigade, deployed near village Bhojka in Jaisalmer district even organised a "welfare fair" as a parting gift to the villagers this week. Free medicines were distributed in the fair which had a big attraction of an exhibition of smaller arms.

The brigade also gifted a computer to the local village school.

The people of the desert are "Bahut Acchhey Aur Milansaar" (very good and cooperative), commented an army jawan Moti Singh who recalled that once he mistakenly left behind his valuable goods in Ramgarg area but the villagers helped him in getting them back.

On Friday the army jawans rushed with their crane and lifted a passenger bus that had overturned near Jaisalmer town killing four passengers. Had the armymen been not (not) there the death toll in the accident would have been higher, police sources said.

However, many villagers who inadvertently strayed into the areas where land mines had been laid lost lives or limbs and would bear the scar for life. (PTI)

Few takers for Indian brands as Chinese
crackers hit market

NEW DELHI, Nov 3: After cracking all other industries, the Chinese dragon has hit the Indian crackers market this Diwali with imported guns, bombs and sparklers ruling the trade.

Chinese guns, which have barrels almost like the original one with light and music emitting shots, snake crackers and multi-coloured sparklers have come out the favourites this season, says Sajjan Kumar, a shopkeeper in West Delhi.

"The demand was so high that we ran out of stock almost a week before Diwali," says Kumar, noting "the cheap cost of Chinese crackers is the main factor behind their increasing demand".

"Due to strict enforcement by the Government and the police, not many people were given licence for setting up cracker shops this time. Because of this the cost of Indian crackers has gone up as branded crackers are available at very few places," says Ram Babu, a seller in Sadar Bazar.

"On the other hand, the Chinese guns, a favourite with the children are easily available everywhere - from cracker shops to imported goods shops in Karol Bagh - and are very cheap. A gun with 12 shots for just Rs 40," says Babu.

"People are also becoming conscious of pollution which crackers emnate... That probably is another reason why parents are buying these guns for the children," says Kiran Singh, a teacher.

But all this does not mean that Chinese crackers are any less polluting. There are some which have 127 decibel noise level and have been blacklisted by the Supreme Court.

Even other banned crackers like ‘hydrogen’ bomb and electric crackers are available but selectively and at a higher price. "All the shopkeepers claim that they are selling within limits (125 decibel), but there is no way to find out the noise limit of crackers except for specific tests," says Shiv Kumar, another retailer.

Though policemen are posted everywhere in Sadar Bazar and Jama Masjid, vendors in the age-group of 16-18 are able to escape their vigilant eyes and sell bombs in the by-lanes nearby.

Claims Iqbal, "my bombs will make the maximum sound" and is ready to bargain to any point to sell his stuff immediately lest a policeman may come.

Small-time retailers too are wary of police harassment. "I have been setting a small stall for the last ten years. But no policeman came except for taking hafta. This year suddenly they are all talking of rules," says Suraj.

"Though big licenced shopkeepers can claim that they are adhering to all rules, what do we do... Most of the local manufacturers do not specify the noise limits. We sell whatever is available in the market," says Suraj.

"... If the production of such crackers is banned, they will automatically not be available in the market for sale," he suggests.

All this is leading to a slump in sales. Whether it is the small retailer or the big shopkeeper, the statement is the same - sales are down between 25 to 50 per cent.

"But it is not just the ban on noisy crackers which has lead to low sales. People are not willing to spend money on crackers... Strained relations with Pakistan, economic slowdown are all to blame," says Kumar.

"That is also the reason why people are going in for cheap crackers (Chinese) though quality wise they do not match the Indian brands," he says.

And it is not just the crackers market, which these imported brands have penetrated but also the local illumination business during this festive season.

"While a string of local decorative lights is available between Rs 50 - 80, the chinese musical and coloured string is cominehta, an electricals retailer.

"Since last two-three festive seasons, the imported lights had started coming in the market, but this year because of so low costs, the local strings are hardly to be seen," he says.

The Diwali is surely Indian, but with a Chinese touch. (PTI)

Verma advocates social security cards for
unorganised sector

NEW DELHI, Nov 3: Labour Minister Sahib Singh Verma has advocated the need for ‘social security cards’ for the labour in the unorganised sector, which is estimated at more than 90 per cent of the 40 crore workforce.

Speaking at a workshop on ‘employment and labour market reforms in India’ here last evening, Mr Verma said to make available benefits hitherto given to labour of the organised sector, there was first a need to identify the number of workers in the unorganised sector and also the work they were engaged in.

"This is one of the most important steps as currently we don’t have any database or proper survey on the unorganised sector," he said.

The Minister said once the work of identifying people in the unorganised sector was completed, it would pave the way for distribution of benefits to them, which could be followed by a policy implemented at the national level.

"Once they are identified, we can move on with the task of providing them social security cards, which will carry a number".

"This number will be of permanent nature and as when the labour moves from one place to another, he can be traced and benefits like EPF given to him," he suggested.

Also, he said once the labour in the unorganised sector possessed a valid Government-authorised social security number, it would lessen their harassment at the hands of Government authorities.

He said apart from policy-level steps taken by the Government, Non-Governmental Organisations and other welfare organisations working in the sector should also extend a helping hand.

"There is also the issue that most of the workforce in the unorganised sector is illiterate who have to be imparted education without missing their daily jobs, which is very important for their survival".

"For this, we have asked labour unions to start classes for the workers," he said. The Minister said as part of steps to make labour laws simpler and ending, what he called, ‘Inspector Raj’ (high-handedness of Government authorities), he was in favour of decision-making committes chosen directly from amongst the workers.

"More powers should be given to commmittes formed from amongst the workers which should check and confirm whether the employer is providing the basic conditions required for work in a healthy way like having proper and clean canteens, toilets, health facilities in hazardous jobs, among others".

"This way there would be no requirement for any Government clearance which, as many allege, can be had by unfair means without the actual facilities being present," he said.

The two-day workshop, which ended today, was jointly organised by the institute of applied manpower research, Indian Society of Labour Economics and Institute for Human Development and saw speakers from many organisations working in the field, including the international labour organisation. (UNI)

Snags in hiring more judges to dispense justice

NEW Delhi, Nov 3: Notwithstanding Supreme Court directives, states claim they have "serious difficulties" in raising the strength of judges to dispense justice to the wronged, whose ranks continue to swell.

Informed sources say the matter also figured at the Chief Ministers’ conference in the past fortnight and the Centre has been requested to make "necessary submissions" before the apex court on financial constraints in implementing its judgement.

The court judgement on March 21 favoured a ten per cent annual increase in judges strength over the next five years, which is estimated by Law and Justice Ministry officials as likely to cost thousands of crores of Rupees.

Considering population, India is rated by experts to have among the lowest number of judges in the world, only 10.5 per million people in India as against 50.9 in Britain, 57.7 in Australia, 75.2 in Canada, and 107 in the United States.

The never-ending pendencies and all too frequent adjournments—which delay and proverbially deny justice— symptomise the teetering state of the country’s judicial system. It may have unseated a Prime Minister but it is known to routinely let common criminals— blue collar and white collar— slip away.

Top law professionals acknowledge that the shockingly low— 6.5 per cent— conviction rate in serious crimes tells potential law-breakers they have a 93.5 per cent chance of getting away.

"That," says Prof Satyaranjan Sathe, honorary director of institute of advanced legal studies, a pune-based private research group, "is one of our biggest worries— there is not much out there to deter a violator."

— January 2, 1975: an explosion at a public function at Samastipur, Bihar kills India’s Railways Minister. The case is transferred to nine judges, statements of two of seven accused have been recorded and key witnesses dropped— as untraceable or not having come forward.

— January 10, 1999: a reckless driver in the capital mows down six human lives in a night. The accused is pursuing business administration studies abroad while the trial continues.

— July 25, 2001: Driving home from parliament during lunch break, a member is shot dead in broad daylight as she arrives at her official residence barely a kilometre away. Eleven men charged are in jail, awaiting trial.

— February 23, 2002: a co-accused in shooting a bartender in may 2000 for not serving a drink is arrested as prime accused in the murder of a young man who dances with his sister at a wedding. The first trial is on. The accused is in judicial custody in the second matter, charges for which are yet to be framed.

Not just thugs or criminals, even professionals, administrators or businessmen are not afraid to break the law.

— August 21, 1989: political foes allegedly plant a report in leading newspapers about huge offshore accounts supposedly held by a future Prime Minister. Leading politicians are named conspirators, but not one is convicted in 13 years. The simplest thing might have been to start by nailing those who planted the story. As an online critic put it, the press "played a nefarious role in broadcasting these forgeries" and should bring out these names.

— March 12, 1993: explosions rock several areas in Mumbai, killing 300, with RDX smuggled into the country by bribing a customs official Rs 20 lakhs to look away. The trial continues.

— August 8, 1995: a judge orders Delhi Municipal Corporation to compensate survivors of an employee who died after 15 years of abuse, and deduct the payment from the salary of "the responsible officer." Lawyers say the system is lazy and ill-equipped to punish officers in such cases taxpayers usually end up paying. No lessons are learnt.

— November 19, 1999: An industrialist owning more than one companies is allowed by a court to shut down one of them— a soft drink plant— reportedly after denying wages to hundreds of workers for eight months. Fired employees are in courts seeking statutory wages.

— January 4, 2000: A list made public unmasks thousands of big-spending industrialists defaulting on huge borrowings from state-owned banks, creating non-performing assets now touching Rs 110,000 crore. Cases continue, at further expense to taxpayers.

Examples abound. Years pass before trials take place, giving the guilty ample time to manipulate evidence or break witnesses. After a while memories may fade anyway, making testimonies easier to shake. Critics argue that such a legal system is itself the best bet for an offender trying to escape punishment.

Even in India’s trumpeted labour laws, for instance, "deterrent punishment is usually not provided. But even where it is provided, courts tend to take a lenient view of offences," said a veteran labour administrator, requesting anonymity.

Labour tribunals, the Government official went on, may help employees against small employers, but "when we face big employers, we are stuck in technicalities that consume years."

The chilling reality was spelt out matter-of-factly by an employer to an employee considering legal recourse over years of harassment. "Remember, I have the organisation behind me, I won’t even have to go to court. Our lawyers will do that. I will just hand over the file to them.

Lawyers with decades of experience say such attitudes are not altogether uncommon, nor such threats empty.

Critics say India’s judicial system is in a mess, with cases going on and on for years, giving little respite to the wronged and plenty of leeway to wrongers. The issue has often figured in parliament.

India’s senior and subordinate judiciaries between them have less than 13,000 officers ranging from munsifs to the Chief Justice and almost 24 million cases pending.

More than a fourth of them— 26.7 per cent— or 5.3 million cases have been in courts longer than three years, Home Ministry officials say.

Worse. More than half a million cases have been pending for over a decade— the bulk in the high courts of Allahabad, 2,88,472 Calcutta, 1,27,190 Punjab and Haryana, 49,951 Bombay, 28,131 and the capital, 35,865.

But the figures do not even begin to tell the impact on millions of lives at the receiving end of such dispensation.

Forty-eight years after a complainant filed a petition, Madhya Pradesh High Court was yet to deliver the verdict. Bihar High Court had a 47-year-old case pending, Calcutta High Court, a 43-year-old case, and Rajasthan High Court, a 42-year-old case pending.

Judgements in hundreds of cases are being delivered long after the hearing is over. At one count, Madras High Court alone had judgements pending in 566 cases, 229 of them six months after the hearing. A far cry, indeed, from what victims need

"The consumer of justice," India’s Chief Justice once observed, "wants unpolluted, expeditious and inexpensive justice. In the absence of it, instead of taking recourse to law, he may be tempted to take the law in his own hands."

In lay man’s terms: One should be able to walk into a court and walk out with a verdict within at most a few months.

Knowing that justice would be swift and punishment severe should deter perhaps a large many potential violators, reducing burden on courts and the exchequer and ending the prevailing cynicism.

Currently, experts fault mainly two key factors— complex and inefficacious laws and procedures and shortage of judges and courts.

They say Indian laws, procedures and practices tend to be cumbersome and ineffective.

The 93-year-old code of civil procedures just amended seeks to compress the time frame for disposal of all civil cases within one year by setting a time limit for every stage of litigation and allowing at most three adjournments.

But it is yet to be seen how the changes work in practice. On reforms in criminal justice system, a committee set up by the Home Ministry in November 2000 has yet to submit its findings. Its chairman, V S Malimath, a retired judge who once served as a High Court Chief Justice in Karnataka and then in Kerala, has been busy the last two years writing effective procedures to punish crime.

The judge recently told a conference of professionals that people "have by and large lost confidence in the criminal justice system. Wherever I go people ask:

— How is it that when everyone around knows that the accused has committed the offence, the courts find reason to acquit him?

— Why is it that when one court finds the accused guilty, the High Court says he is not, and the supreme court says he is guilty?

— Why is it that it takes so many years, sometimes decades to dispose of criminal cases?

— How is it that the rich and the powerful who commit serious crimes are seldom punished?’’

The paucity of courts is another key problem, experts say. And it’s compounded by vacancies. India’s 21 high courts with a strength of nearly 650 judges have almost 150 vacancies and 12,000 plus subordinate courts have 1,684 vacancies. Almost a third of labour courts also remain unfilled.

Fifteen years ago, the Law Commission of India in its report titled ‘manpower planning in judiciary: a blueprint’ recommended raising the strength to at least 50 judges per million citizens.

As the Commission put it, India was persisting in a pattern of conscious judicial understaffing followed by the british rulers in keeping with their colonial interests.

The findings were shelved. The case arrears kept mounting.

Some eighteen months ago, the authorities launched so-called fast track courts to deal with long pending cases of heinous crimes and those involving undertrials in prison, the idea being that no one should be in prison longer than necessary.

More than 800 fast track courts now working are reported to have cleared nearly 64,000 cases.

Experts say they see no reason why fast track courts should not cover undertrials on bail— to put them where they belong. They say the move has either not been considered or has been dismissed not to inconvenience those resourceful enough to obtain bail in heinous offences.

Imagine the effect, if the high and mighty on bail found guilty were sent behind bars— not walking free. Seven months ago, on March 21, the apex court ordered a phased increase in the strength of judges over the next five years.

In mid-July, the Union Government announced it had "initiated necessary action" to increase the strength of judges in union territories in compliance with the judgement.

The first sign of trouble, sources say, came at a meeting convened by Finance Minister Jaswant Singh on September seven at which State Finance Ministers voiced "serious difficulties regarding the constitutional, financial and administrative issues involved in implementing the Supreme Court judgement of 21-3-2002."

On an average, a court costs Rs 25 lakhs to set up— Rs 15 lakhs to build the court room, Rs five lakh to furnish it and install computers and another Rs five lakhs to build judges’ residence— and Rs 11 lakhs a year to run.

Officials estimate that the cost of adding the numbers of judges as per the apex court directive may exceed Rs 10,000 crores.

The State Finance Ministers expressed difficulties pertaining to pay scales and other service conditions of subordinate judiciary "including increase in judge strength and all other matters related thereto."

The states’ financial woes and fears of going "broke" trying to implement the judgement, were mentioned by Law and Justice Minister K Jana Krishnamurthi at a news conference on the eve of the Chief Ministers’ conference. He indicated that "we are having talks" with the states authorities after which the apex court would be approached for directions.

On October 18, the Chief Ministers’ conference ratified the Finance Ministers’ findings without making any counter proposals, leaving it to the centre to find a cure.

According to sources, senior officials in the Home Ministry are giving final touches to proposals setting afresh "additional judge strength required as per pendency and workload," taking into account existing judicial vacancies.

Sources say the proposals estimate that the number of additional judges needed on the basis of the pendency and the judges’ average case disposal rate is 1,314. Cost estimate: Rs 700 crores. (UNI)

It was Advani c/o Indira Gandhi during emergency: DPM

NEW DELHI, Nov 3: During the emergency, letters to Mr L K Advani were addressed to the then Prime Minister Indira Gandhi whose office forwarded them to him in Bangalore jail, according to the Deputy Prime Minister.

Mr Advani said his friends and well-wishers used to address his letters to the Prime Minister’s Office (PMO) as they did not know his whereabouts following his sudden arrest along with other opposition leaders then.

Addressing the silver jubilee function of the press enclave housing complex here yesterday, the Deputy Prime Minister said he was surprised to receive letters in jail addressed to him as "L K Advani c/o Mrs Indira Gandhi, PMO, New Delhi.

After his release, Mr Advani said, he called the PMO and thanked it for the courtesy extended to him.

Mr Advani had inaugurated the housing complex in 1977 when he was Information and Broadcasting Minister. (UNI)

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