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It is for the umpteenth time that Chief Vigilance Commissioner N. Vittal has raked up the issue of rampant corruption amongst the bureaucrats. His diagnosis is correct and the factors indicated by him are true to the last detail. But the tragedy is that the tendency of sticking on to single point agenda 'thus far and no more' continues to guide those genuinely concerned with corruption. None suspects the . ....more It has been repeated by
almost all the Apex Court benches that howsoever high you
may be, the law is above you. This is very comprehensive
terminology which also implies equality before law. But
there appears to be some sort of discrepancy and element
of discrimination ....more |
J&K's Accession |
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EDITORIAL It is for the umpteenth time that Chief Vigilance Commissioner N. Vittal has raked up the issue of rampant corruption amongst the bureaucrats. His diagnosis is correct and the factors indicated by him are true to the last detail. But the tragedy is that the tendency of sticking on to single point agenda 'thus far and no more' continues to guide those genuinely concerned with corruption. None suspects the sincerity and approach of CVC. He is indeed concerned about the well-entrenched corrupt practices at almost all bureaucratic rungs. He is right on course when he points out some basic causes that fuel corruption. Shortage of goods and services, red-tapism, lack of transparency, shielding of the corrupt officials and the casteist approach have all added up to perpetuate corruption. He also attributes it to culture of 'secretarydom', the all powerful hand that makes even ruling politicians quite scary. Amongst the remedies suggested by him are freedom of information for greater transparency, speedy conduct of departmental enquiries and breaking the corrupt politician - businessman bureaucrat nexus to make democracy more meaningful. He also calls for drive for total literacy and use of information technology to check corruption and improve quality of life. This appears to be quite a tall order. To be precise statements on similar lines and with additional factors continue to be issued every now and then by all those who matter like Chief Election Commissioner, Prime Minister, President of the Republic. Add to it the promise of rooting out corruption included in every party's election manifesto only to be forgotten once in power. There is also that nasty habit of making corruption as the main issue by indulging in rhetorics, polemics and mud-slinging during run-up to any battle at the husting. Our State is notorious for it. Look at the manner in which this issue was raked up, included in the manifesto and then after gaining power remaining mute spectator to all that is called corruption, better call it way of life. Such is the magnitude of corruption. Such is the hold of factors that bind politicians, businessmen, criminals and bureaucrats. Look at the dismal record of all previous Governments having won the mandate on the basis of rooting out corruption. In fact maximum scams at the highest level occured immediately thereafter in which the ruling clan plays the pivotal role and find in the bureaucracy ready takers for perpetuating corruption. The recent history is replete with instances of mass corruption amongst the highest echelons of ruling and bureaucratic clans. It is apparent that basic issues are not being addresed because none of the parties are interested. Take the case electoral reforms which have been repeatedly put on the back burner despite many recommendations of the expert committees. Take the case of Vohra Committee report on the criminal-politician-police nexus. It still remains shrouded in mystery despite many structures from the Apex Court and guidelines there of for concrete measure to stem the rot. Successive Governments have failed the people on this count. Instead of taking positive and transparent steps to root out the corruption, it continues to grow as never before. Reformative and legislative measures suffer either way when the ruling clan enjoys clear majority or even when it remains on others crutches. When the Congress Government had three-fourth majority to support any drastic measures, nothing of the sort happened to even remotely suggest any serious approach to tackle the fast growing menace. It is certain that corruption starts from the top and percolates to the lowest rung. So unless it is tackled at the top level it cannot be wiped out from the lower rungs. Incidentally, there is hardly any case to suggest that any one in the senior political or bureaucratic hierarchy has ever been punished to have deterrent impact on others. The process is very long and laborious full of lacunae and loopholes which invariably results in long delays and acquittals. The statistics in this State speak for themselves. Ever since popular Government assumed helmsmanship of the State in October 1996, 4892 complaints were received by the Vigilance Department out of which 3446 were referred for action. FIRs have been lodged only in respect of 396 while 16 await sanction from the Government. Challans have been preferred only in 75 cases while convictions obtained in respect of 36 cases which is less than 1% of the total complaints received. It is apt to say emphatically that none of these 36 belong to senior rungs. They are all petty fries. The sharks have the wherewithals to remain unscathed. Statistics from other States may be no different. This makes mockery of the entire Vigilance Department as also the prevailing system that helps perpetuate and increase corruption rather than even remotely contain it. This being so it is high time that CVC formulates his suggestions and action plan and insists on follow-up action by the ruling clan. CVC enjoys vast powers and any concrete measures taken by him or recommended to the Government shall have the total backing of the masses as also active judiciary. Someone has to start. Let it start from CVC. It has been repeated by almost all the Apex Court benches that howsoever high you may be, the law is above you. This is very comprehensive terminology which also implies equality before law. But there appears to be some sort of discrepancy and element of discrimination even when the charges are similar and being tried by the same Court. It stands duly manifested from the orders of Special Court remanding various accused in the fodder scam case to judicial custody. In the case of two former Chief Ministers namely Laloo Yadav and Jagan Nath Misra the judicial lock up happens to be palatial mess of the BMP (Bihar Military Police) while all other alleged accused in the same scam howsoever senior have been sent to jail. One fails to understand the rationale behind such approach, particularly when both happen to be the kingpins in the case while others towed their line as the most pliant and obliging servants. Earlier also during his custody Laloo remained in the same mess or in hospital feigning serious heart ailment but once out on bail he was the most active person using his lung power as if he was the fittest man on earth. One can corelate similar custody of former Union Minister Kalapnath in jail where he bemoaned about mosquito bites and other oddities in the cell. Why such mosquitoes should not bite all those in custody, be it police or judicial. It makes mockery of justice when two kingpins are 'guest of honour' enjoying all the facilities and perks while others in the same case are sent to jail. CBI has rightly mentioned this aspect before the High Court hearing appeal of Laloo and Misra for regular bail denied by the designated court. Let equality before law remains above all extraneous factors. |
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J&K's Accession Rules Out Plebiscite By a political analyst India's firm rejection once again of Pakistan's demand for a plebiscite in Jammu and Kashmir is not at variance with the principle of self-determination, which is valid only when it deals with nations as a whole. If it is applied to an integral part of a country or a section of its population to enable it to secede, it will only result in a nation's fragmentation. The US fought a civil war when the whole of its South wanted to secede and become an independent country. Let Americans, who are friends of Pakistan, remember this chapter of their history. Let us recall that tragic part of our history, when the nascent nation of Pakistan dared to seize India's territory. The last week of October, 51 years ago had been an eventful week for the people of Jammu and Kashmir. It was during this week, even while the Pakistani raiders were knocking at the doors of Srinagar, that Maharaja Hari Singh signed the Instrument of Accession. The accession was accepted by India and the first contingent of Indian Army landed at Srinagar post haste and went into battle to throw back the raiders with the active participation of the Valley people under Sheikh Abdullah's leadership. Jammu and Kashmir was one of the 560-odd princely states which acceded either to India or to Pakistan. The decision of the princes was final as far as the accession was concerned. Neither did the Indian Independence Act, passed by the British Parliament, provide for any conditional accession. Once the accession was accepted, either by the Governor-General of India or of Pakistan, the particular princely state became an integral part of one or the other of the two sovereign nations. There was no provision that the accession had to be ratified by ascertaining the wishes of the people of the acceding State. Several princely states acceded to India or Pakistan. It was never suggested either by India or by Pakistan that these accessions were in any way incomplete or some other action was needed before they became conclusive. The question of the religious complexion of the population of the princely states was certainly not a factor. The ruler of the State decided whether to accede to India or Pakistan. The British Government's announcement of June 3, 1947, had made this very clear. Therefore, there is no ground to support Pakistan's argument that being a Muslim majority princely State Kashmir should have become a part of Pakistan. Even so, the accession of the State to India in 1947 was supported by the National Conference. And there was no voice of dissent from any political section in J&K. The problems regarding Jammu and Kashmir arose because the Maharaja of Kashmir, unlike most of the rulers, who had acceded to India or Pakistan before August 15, 1947, did not make up his mind. Pending a decision on accession, he asked for a standstill agreement both with India and with Pakistan, in regard to communication, supplies and Post and Telegraph arrangements. Pakistan concluded the Standstill Agreement, but before a similar agreement with India could be concluded, the tribal raids started. Pakistan also cut off communications and stopped essential supplies, inspite of the assurances under the Standstill Agreement. The State forces of Jammu and Kashmir were unable to resist the armed invasion by the tribal raiders, backed by the Pakistan Army. The raiders pillaged the towns and villages, committed large scale killings, loot and arson. It was then that the ruler requested the Government of India that the State of Jammu and Kashmir should be allowed to accede to the Indian Union. The State's only mass-based political organisation, the National Conference, also appealed for help. Meanwhile, the operations in Jammu and Kashmir continued. On January 1, 1948, India approached the Security Council requesting it to call upon Pakistan to put an immediate end to the act of aggression against India by supporting intruders who were nationals of Pakistan and tribesmen from the North-West. India was the complainant before the Security Council. Pakistan, of course, at first denied it had sent its forces to Jammu and Kashmir and tried to persist in the fiction that the people of the State had risen in revolt. But for how long? When the United Nations Commission for India and Pakistan visited Karachi in July 1948, Mohammad Zafrullah Khan informed the Commission that three regular Pakistani brigades had been fighting in Kashmir territory, since May 1948. Sir Owen Dixon, the UN representatives for India and Pakistan, pointed out that the entry of hostile elements into the territory of Jammu and Kashmir on October 20, 1947, was contrary to international law and the entry of regular Pakistani forces in May 1948 was also inconsistent with international law. When the tide of operations turned against Pakistan, Mohd. Ali Jinnah, the then Governor General of Pakistan, told Lord Mountbatten that if Indian troops were withdrawn from Kashmir, I will call the whole thing off. So much for the pretence that it was a people's uprising. Pakistan never tires off talking of UN resolutions and their implementation. What are they? India had accepted the resolutions of August 13, 1938, and of January 5, 1946. Both these underlined that the presence of Pakistan in Jammu and Kashmir was illegal and it must withdraw its troops and vacate the aggression against India. The resolution of August 13, 1948 spelt out that - (a) the Government of Pakistan agrees to withdraw its troops from Jammu and Kashmir. (b) after the withdrawal by Pakistan the territory evacuated by the Pakistani troops will be administered by the local authorities under the surveillance of the commission. (c) the Government of India will withdraw the bulk of its forces from the State in stages to be agreed upon with the Commission; and lastly - (d) the Government of India and the Government of Pakistan reaffirmed their wish that the future status of the State will be determined according to the wishes of the people. It was only on Pakistan's complying with the essential condition - withdrawal of all its forces -- that the possibility of holding a plebiscite could arise. Pakistan never withdraw its forces. Can the UN resolutions be made to stand on their head because of Pakistan's intransigence? There are many other methods for ascertaining the will of the people. When Pakistan did not withdraw its troops, the State Government convened a Constituent Assembly in 1952 enacted a constitution which confirmed the State's accession to India. The State of Jammu and Kashmir enjoys a special status by having its own constitution, and provisions of Article 370 ensure that this has the sanction of Indian Constitution also. The option of self-determination does no longer exist. The people of Jammu and Kashmir have expressed their will in all the General Elections held in India, whereas in Pakistan the people of the Northern Territories of Gilgit and Baltistan have not had an opportunity to do so, not even elect their representatives to the PoK Assembly or even local bodies. The country has had to fight three wars thrust on it by Pakistan in 1947-48, 1965 and in 1971. Now we are at the receiving end of a proxy war, which had lasted for nearly eight years. Even the United States has officially accepted the fact that Pakistan has been aiding the secessionists in Jammu and Kashmir and yet it vacillates on taking a stand contradicting the principle on which it fought a civil war. |
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