EDITORIAL

Academic excellence

It is good that the Jammu and Kashmir Government has decided to help the madrasas impart modern education in the State. There is no reason why such grassroot institutions, presently under the Muslim Auqaf Trust, should not keep pace with the time. With the Government coming to their aid, they will certainly benefit by way of upgradation of their existing facilities. In turn, this will make it possible for the poor and needy students to get exposure to the latest avenues of education. Actually, there is the need to have a close look at the entire education system in the State. Such an exercise should be initiated without any further delay. On one hand, there are schools that not only lack the basic infrastructure but are also located in virtually inaccessible far-flung areas. Although this may sound ironic, there is, on the other hand, a speedy growth of professional colleges. With privatisation as the new mantra in this field, it is absolutely necessary that there is a system of checks and balances......more

Politician and law

The report that Akali Dal leader and former Punjab Chief Minister Prakash Singh Badal would be celebrating his 78th birthday in a Punjab jail would evoke a mixed feeling. Those who admire him for his suave and articulate manners would tend to sympathise with him.....more

PERISCOPE ON PAKISTAN
"Banned" terrorists

banned again

Pervez Musharraf has applied the "medicine as before" and banned both the sectarian and the jehadi terrorists for whom Pakistan is home and sanctuary but it remains to be seen in what form and nomenclature they will re-emerge as they did the last time they were banned. He managed the last time to assuage international pressure to tame his homegrown terrorists by banning them but letting them have the freedom of the nation at large. This time it may well be that he cannot fool all the people all the time. .......more

Vajpayee's peace
move prove infectious

By Ghazanfar Butt

When Prime Minister Atal Bihari Vajpayee an-nounced the 12-point peace programme for Jammu and Kashmir, many felt that he was too optimistic. The reaction from Pakistan was tongue-in-cheek with statements like UN involvement in......more

Public Interest Litigation

By Ranbir Singh Pathania

There must be a revolution through law with the coopera-tion of voluntary action groups to redeem the pledge given in the constitution to wipe out the tears from the eyes of starving millions - J.P.N. Bhagwati.......more

EDITORIAL

Academic excellence

It is good that the Jammu and Kashmir Government has decided to help the madrasas impart modern education in the State. There is no reason why such grassroot institutions, presently under the Muslim Auqaf Trust, should not keep pace with the time. With the Government coming to their aid, they will certainly benefit by way of upgradation of their existing facilities. In turn, this will make it possible for the poor and needy students to get exposure to the latest avenues of education. Actually, there is the need to have a close look at the entire education system in the State. Such an exercise should be initiated without any further delay. On one hand, there are schools that not only lack the basic infrastructure but are also located in virtually inaccessible far-flung areas. Although this may sound ironic, there is, on the other hand, a speedy growth of professional colleges. With privatisation as the new mantra in this field, it is absolutely necessary that there is a system of checks and balances. Not very long ago, there was a report in this newspaper that an inquiry had to be initiated against four B. Ed. colleges in Jammu for charging hefty amounts from students in the name of mess charges. Only recently, one has read about the avoidable confusion about whether or not the University's B. Ed. degree is recognised in Rajasthan. Strict and immediate view needs to be taken of such aberrations. It is a matter of satisfaction that the State has always been known for its consistently fair academic performance. Barring a spell in the late sixties and the early seventies, when there was mass copying, J&K as a name is synonymous with a good education centre. Remarkably, such an image has remained in tact even during the turbulent nineties. This has been true of normal education right up to the postgraduate level. However, of late there has been a sudden spurt in terms of variety in education. Presently, the students are being trained as teachers, lawyers, computer experts, agriculture scientists, engineers and medical practitioners in much larger numbers than ever before. From just a polytechnic college in Jammu and one engineering and medical college each in Srinagar, the State has come a long way. One can't just overlook the fact that Srinagar's Regional Engineering College has helped put the State on the technical map of the country. If its reputation has somewhat suffered of late, it is entirely because of reasons not connected with the academic life. What is surprising is that one comes across technical institutions even in far-flung areas. It is not quite certain whether they have the requisite facilities to give the right type of education. Indeed, it is laudable that professional government colleges continue to provide education at affordable prices. Fees are comparatively much high in similar private institutions, which is understandable in view of the high cost involved in the exercise. Nevertheless, care should be taken to ensure that the high cost does not mean that there are excessive heads or notorious capitation fees, under or across the table. Any complaints in this regard should be severely dealt with. In no way the meritorious students among the economically weaker sections should be put to any disadvantage.

So far the role of government colleges in the promotion of education in the State has been praiseworthy. Not for nothing the Government Gandhi Memorial Science College (earlier known as the Prince of Wales College) in Jammu and Sri Pratap College in Srinagar have been declared part of the rich heritage of the State. At the school level, too, a government school namely, Sri Ranbir near Jammu's Parade Ground, has played a very important part in imparting not just elementary knowledge but providing an all-round quality education in the past. Several religious --- particularly Christian --- bodies have also given a big push to spreading education all through the State. In fact, studying is a passion for younger persons, particularly in the Kashmir valley where one can come across any number of postgraduates in more than one subject. Now that private bodies and trusts have also taken up the cause of medical and technical education, it is expected that they would do their job seriously and in the best interests of society and the nation as a whole. They would, hopefully, desist from adopting nefarious practices. They should always remember that quite a few major states have spoiled their reputation by allowing their private educational institutions to merely become teaching shops. Invariably the judiciary has been forced to intervene to apply necessary correctives. On their part, it is incumbent upon the concerned authorities and universities that they maintain a strict vigil. We should never lose sight of our objective to ensure that J&K acquires the highest status to get international recognition as a major centre of academic excellence.

Politician and law

The report that Akali Dal leader and former Punjab Chief Minister Prakash Singh Badal would be celebrating his 78th birthday in a Punjab jail would evoke a mixed feeling. Those who admire him for his suave and articulate manners would tend to sympathise with him. Of course, his rivals would be happy. A third category is that of those persons who would just be satisfied if the law is allowed to take its own course and no extraneous consideration is allowed to prevail in such matters. Mr Badal and his politician-son Sukhbir Singh Badal are presently in judicial custody in connection with the disproportionate assets'' case. Their wealth has been estimated by the Punjab Government to be more than Rs 4,000 crores. Immediately after it had come to power, the Congress regime in our neighbouring State had done a highly commendable job in digging out skeletons from the cupboard of a journalist-turned-chairman of the State Public Service Commission who was alleged to have made illicit money out of fixing appointments instead of honestly discharging his duty. In the present instance, it has been exposed to the charge of indulging in political vendetta. Obviously, one reason that such an allegation is being made is the involvement of a top politician like Mr Badal in the case.

Of course, the common man always believes that politicians in our country can't come to any harm as they have become law unto themselves. That top politicians are publicising their visits to Mr Badal in the jail would only serve to confirm such an impression. Haryana Chief Minister Om Prakash Chautala has already called on him. Union Health Minister Sushma Swaraj is expected to do so soon reportedly at the behest of Deputy Prime Minister L.K. Advani. There is nothing wrong if the friends and politicians share the sufferings of a colleague. However, care should be taken to ensure that such visits don't give the impression of browbeating the concerned authorities. It is already not doing the country any good that the cases against powerful politicians have been transferred or are being sought to be transferred out of courts in their home states. In the matter of Mr Badal, too, such a demand has been voiced. This is not a healthy trend and should be checked. For too long the case of Mr Badal has been in the limelight. It is on the lips of almost everybody in the country. On his part, Mr Badal would do well to focus only on seeking a judicial redressal of his grievances. That is the way he can redeem his image.

PERISCOPE ON PAKISTAN
"Banned" terrorists banned again

Pervez Musharraf has applied the "medicine as before" and banned both the sectarian and the jehadi terrorists for whom Pakistan is home and sanctuary but it remains to be seen in what form and nomenclature they will re-emerge as they did the last time they were banned. He managed the last time to assuage international pressure to tame his homegrown terrorists by banning them but letting them have the freedom of the nation at large. This time it may well be that he cannot fool all the people all the time.

DAILY TIMES maintains: "Pakistan should sort out its sectarian and religious-extremist scene not because the world outside is saying so but because Pakistan needs to bring its law and order situation to normalcy.

"The three big ‘renamed’ organisations banned once again are Millat Islamia (Sipah Sahaba), Islami Tehreek Pakistan (Tehreek Jafariya) and Khuddamul Islam (Jaish Muhammad). Allama Sajid Naqvi has been arrested and raids are being conducted in Bahawalpur to apprehend Maulana Masood Azhar of the Jaish.

"The original ban was imposed on these organisations by the UN Security Council which still receives regularreports on the implementation of its directives under Resolution 1373. It is reasonable to assume that Pakistan did not do enough to enforce the resolution in letter and spirit. The organisations were allowed to function under new names, which was an eye-wash. The leaders were not put out of operation; indeed, in some cases they were allowed to function rather brazenly.

"For example, Maulana Azam Tariq of the renamed Sipah Sahaba was allowed to contest the 2002 general election ‘by mistake’ and become a member of the National Assembly where he went on to become ‘that crucial single vote’ which gave the Jamali government its majority. Allama Sajid Naqvi was allowed to rename his organisation and become a member (since removed) of the grand religious alliance called the MMA. Maulana Masood Azhar was not successfully prosecuted at a court of law. He was allowed to go back to his home town, kept under wraps for a while, then allowed to continue with his political activities which included collecting funds for jehad and giving sermons at mosques across the country. Two weeks ago, he addressed hundreds of Army jawans and officers at the central mosque in Lahore Cantonment which is controlled by the Army. That the police is now conducting raids for his arrest confirms that he was allowed to roam freely despite court orders."

DAILY TIMES adds: "When the first incident occurred the government quickly blamed the ‘foreign hand’ and ignored the outcry of the victim community that named Sipah Sahaba and Jaish as the culprits. No action was taken even after the truth became known to the public. While still in suspended animation the government was then confronted with a terrible sequel in Karachi when workers of the state space agency SUPARCO were done to death. This was immediately followed by the murder of the Sipah Sahaba chief, Maulana Azam Tariq, in Islamabad.

"The international image of Pakistan went down the tubes after news of the shenanigans of these ‘renamed’ organisations was aired outside the country. In a recent survey conducted in the European Union which absorbs 33 per cent of our exports - 48 per cent of the people thought ‘that Pakistan was a threat to world peace’. The pronouncements of some of these extremist leaders have worsened the conditions of trade for Pakistan.

"The leader of Jamatal Daawa (old Lashkar Tayyaba) daily issues public threats to the outside world. He was recently allowed to hold his annual ‘mammoth’ meeting outside his usual Muridke base near Lahore. The Lashkar Tayyaba was banned but Jamatal Daawa has been alive and kicking as usual. Now the government has put the organisation ‘under surveillance’. What good that will do remains to be seen."

DAWN says editorially: "The banning of three militant and sectarian outfit and sealing of their offices may be a right step in the short term, but it will prove of little help in containing the problem of extremism. Arbitrary clampdowns, such as the present one, cannot be a long-term solution to the problem of militancy and intolerance troubling the country, however pressing the need to check both these tendencies.

"The three organisations were banned earlier also but had managed to re-emerge under different names. This is because their leadership and militant cadre were left free and intact, presumably for lack of credible evidence against them.

"The case for the closure of the seminaries run by the three organisations could turn out to be even weaker, as no charges of illegal or criminal activity have been leveled against them. If these were indeed involved in the training of militants and sectarian terrorists, then the government should have also arrested the people who are indulging in such activities.

"The Taliban themselves were largely a product of such seminaries. But after the latter’s coming to power in Kabul, a realisation began to dawn on the political and military establishment in Pakistan that many of these seminaries were becoming a breeding ground for religious extremism, intolerance and bigotry. Then came September 11, and in its wake the official policy shift away from support for religious militants.

DAWN points out: "The Registration and Regulation of Madrasas Ordinance. 2002 was a step in the right direction, and had the government not backtracked on its key provision of making the registration of madrasas a mandatory requirement, the situation perhaps would have been different by now. Instead, it succumbed to pressure exerted by religious parties and groups and settled for voluntary registration.

"The Madrasa Education Board set up under the ordinance also has remained a dormant entity. The provisions pertaining to the mandatory auditing of funds that many religious institutions receive from abroad, especially Saudi Arabia and the Gulf states, and the teaching of English, Urdu, mathematics and science as part of the madrasa syllabus also have not been implemented.

NEWS puts its finger on the malaise thus: "Banning the banned parties indicates the problem the government faces with the likelihood of these outfits repeatedly re-appearing to keep their organisations intact. The heavy overlay of violence that grew out of the Klashnikov culture during the Afghan civil war needs to be reversed finally.

"The proliferation of such organisations suggests that terrorism is a growth industry which requires nothing more than an automatic weapon and a willingness to risk one’s life. But they must not be misconstrued with freedom fighters or those struggling against oppression who require the same inputs. They fight for a nobler cause that has moral justification whereas terrorists are involved in destruction of humanity. The trouble arises when one is mistaken for the other and where there should be condemnation there is approval and where it should be supported it is declared as terrorism.

"But, while the government’s efforts to end terrorism seem to be gaining ground, it needs to change its policy and adopt a strategy that will eliminate the causes that encourage people to opt for a violent solution. Both economic factors and the overall social and political milieu breed extremism. Not only the quality of life needs to be improved and the masses involved in constructive pursuits but that an effort should be made to create a moderate, tolerant and peaceful society. ADNI Bureau

Vajpayee's peace move prove infectious

By Ghazanfar Butt

When Prime Minister Atal Bihari Vajpayee an-nounced the 12-point peace programme for Jammu and Kashmir, many felt that he was too optimistic. The reaction from Pakistan was tongue-in-cheek with statements like UN involvement in the Srinagar-Muzaffarabad bus service or offer of medical aid to victims of Army action in Jammu and Kashmir, but New Delhi ignored the negative aspects. Now Pakistan Prime Minister Zafarullah Khan Jamali has announced a cease-fire offer effective from Id.

The offer has been accepted by India without any prevarication. The response was that the cease-fire should be extended to the Actual Ground Position in Siachin too. The Directors General of Military Operations in New Delhi and Islamabad have had consultations and confirmed that the guns would fall silent on both sides on Id.

There has been no declared ‘war’ on the Line of Control in Jammu and Kashmir for a ‘cease-fire’ to be effected. The firing had to be resorted to by Indian Security Forces when the Pakistan Army was giving covering fire to infiltrators from across the border; and once the firing started, one could expect escalation. But there has been no serious attempt by either side to cross the Line of Control, ever since the end of the Kargil conflict.

The ‘cease-fire’ would enable security forces on either side to relax a little, without lowering their guard. The Government of India has indicated that the Security Forces would be on guard against infiltrators and action against the terrorists in the State would continue.

In Jammu and Kashmir, the announcement by Pakistan of the cease-fire and the response by India has been widely welcomed. The Greater Kashmir (25/11) hoped that the decisions "will pave the way for the final resolution of the Kashmir dispute. Now that good sense has prevailed on Pakistan, the Indians must react accordingly. Both the Prime Ministers must bear in mind that their misadventures along the LoC are wreaking havoc with the lives of Kashmiris."

The Kashmir Monitor (25/11) said: "Measures like starting Srinagar-Muzaffarabad bus and silencing the guns across the Loc could help in creating an atmosphere conducive for initiating a positive dialogue for the resolution of Kashmir dispute"

To coincide with the cease-fire along the LoC and in Siachin, the All Party Hurriyat Conference announced its willingness to talk to the Government of India. It is expected that the talks would commence soon after the State Assembly elections are over. No one expects that the talks will produce immediate results. The Hurriyat may have a road map, but the formulations have to be acceptable to the people of Jammu and Kashmir. When Beg-Parthasarathy talks were held in the Seventies followed by Dr Sheikh Abdullah --Indira Gandhi parleys, the Sheikh Abdullah was in a position to deliver. But that is hardly the position of the Hurriyat leaders.

As the Kashmir Images (25/11) commented: "The recent declaration of the Hurriyat to represent the hue that denotes the people of the Valley is appreciable. The Hurriyat arrived late, but the fortunate and the good thing is that it did arrive after all. The Hurriyat has accounted that it has a road map for Kashmir, a road map for the resolution of the matters affecting the people of the valley. The road map should be broadly constituted by involving the people – the intelligentia, the academicians, the veteran leaders of the mainstream, the think tanks and all from within the Valley …and intelligentia from the sub-continent from India and Pakistan as well."

The optimist in Prime Minister Vajpayee could gauge the feelings of the people of Jammu and Kashmir and the rest of the country while announcing the peace proposals. Across the border, the Government in Pakistan also had to respond to people’s desire. No ruler can afford to ignore the aspirations of the people for long. There may have been pressures from the United States (six fundamentalist outfits banned earlier but re-christened later were banned again in Pakistan during the middle of November), the United Kingdom (Prime Minister Tony Blair recently said the violence in Kashmir was due to terrorism) but the basic fact is that Pakistan had to make an effort to promote peace to respond to the aspirations of its own people. As former Federal Minister Dr Mubashar Hassan said in a statement (24/11) "Our President, Prime Minister, Foreign Minister and the teams of Foreign and Defence Establishments deserve credit and congratulations. They have earned the gratitude of the people. …What is now essential on Pakistan’s side is a period of dignified restraint on rhetoric. Let not our drum beaters go to town about the excellent measures our government has proposed what may be in their opinion an inadequate response from India. Let it not be a competition between the two as to who has offered what and which offer is more worthy of praise. The ultimate objective is to convert the offers into a series of deeds or measures implemented to usher an era of permanent tranquility and peace in South Asia."

Public Interest Litigation

By Ranbir Singh Pathania

There must be a revolution through law with the coopera-tion of voluntary action groups to redeem the pledge given in the constitution to wipe out the tears from the eyes of starving millions - J.P.N. Bhagwati.

A wonderful sapling having sprouted some two decades back on the canvass of Indian constitutional law has now bloomed up into a beautiful tree. The emergence of PIL in India has heralded a sort of revolution in our justice dispensation system. Before its advent, justice was a remote reality for the under privileged and down trodden sections of our society. It is a conjoint and cooperative effort on part of the petitioner, the State and the judiciary to secure social, economic and political justice to the weaker sections of the society.

Background:-

The history of the PIL ranges back to the year 1978 when the Supreme Court entertained letters written by two prisoners, Charles Sobraj and Sunil Batra, complaining about the tortures to which they and their fellow prisoners were subjected to. Mrs Kapila Hangorani, filed a monumental PIL on behalf of the release of 29000 under trials in Bihar paving the way for release of many of them. Then the courts started taking note of the articles published in newspapers and since thereafter a healthy trend ensued. The sting and sweep of PIL spreaded out from the release of bonded labourers, to Nari Niketan, to street hawkers, to environmental issues. However, the real wicket in this regard was prepared by two outstanding legal luminaries of our country - J.Krishna Iyer and J Bhagwati.

Who can file:-

According to the traditional locus standi rule, the right to move a court is confined only to those people whose legal right has been transgressed upon. But in Transfer Case, seven - member bench of Supreme Court has taken up a stand saying that any ‘public spirited person’ could move the Supreme Court under article 32 or the High Court under article 226 for enforcement of the rights of other people. This was the horizons of the locus standi rule have expanded to accommodate the enforcement of ‘public duties’ where executive inaction has resulted in ‘public injury’.

Procedure for filling:-

Much of the public Interest Litigation in its early times has arisen out of the letters written by social workers, journalists, law teachers, lawyers and civil liabilities activists thereby giving birth to the innovative concept of ‘epistolary jurisdiction’. The communication addressed to the court need not to be on the green paper or accompanied by affidavit. The standing parameter in this regard is that the Court should be prima facie satisfied about the exigency and veritability of the matter before initiating the requisite process. Moving a step further, the courts in some cases have treated the articles or news reports published in newspapers as PILs. In all such cases, the courts appoint public interest lawyers as ‘amicus curiae’ to fight on behalf of the aggrieved people.

Powers of Courts:-

The courts enjoy untrammeled powers while adjudicating upon PILs. They could take remedial measures or appoint socio-legal commissions or even arrange for the costs of the litigations. However the guiding rules remains that PILs could not be a substitute for ordinary civil suits. They are to be resorted to only in case of gross and patent violations of fundamental rights. In the past few years, the courts have come down heavily upon some frivolous PILs. In the epic - case of Bandhu Mukti Morcha V/s Union of India, the courts have sounded a virtual alarm bell to insincere and unscrupulous litigants.

Scope:-

PIL has stormed like an avalanche into almost every field of our social life. It has served as a potent device in the hands of courts to unearth scandals like Hawala Scam, Urea Scam, Fodder Scam, St. Kitts Scam and what not. In the celebrated cases of Shriram Food & Fertilizers V/s State and M C Mehta V/s Union of India, the courts have taken an effective note of the environmental pollution. The myth of gender equality has been transformed into a sweet reality through the bold judicial pronouncements in Delhi Domestic women's forum V/s Union of India, Vishaka V/s State of Rajasthan and Gourav Jain V/s Union of Indian. The concept of right to personal liberty has been resounded and reinterpreted with greatest sweep and amplitude in the cases of Sunil Batra V/s Delhi Administration, Veena Sethi V/s State of Bihar and D S Nakara V/s Union of Indian. And this way, the whole count down is a weary exercise.

Judicial activism or judicial governorship:-

The dynamic expansion of the ambit and scope of writ jurisdiction has opened up a graceful chapter in the field of law and legal jurisprudence thereby leading to the evolution of the concept of judicial activism. The so called democratic rulers of ours country have always been up - in -arms against this trend and accused the judiciary of committing a constitutional impropriety. But this is a pessimistic approach. Through the medium of PIL, the courts have imparted a vibrant colour to the working of Government and the administrative culture.

Judiciary has earned the popularity as saviour of democracy, protector of Rule of Law and an effective agency of social transformation. It is the sentinel of the statutory and constitutional rights of the people. Therefore, it is very much justified in rising to occasions when both the legislature and the executive fail to discharge their desired duties. The air in this regard has beenrightly cleared by Mr J Verma, former Chief Justice of India, "If today the judiciary is forced to stretch its arms beyond what appeared to be its intended limits, it is with a view to undoing the excesses of the executive backed by the legislature. Once the legislature starts behaving with grace and executive learns to manage its genuine powers, judiciary could also shrink back to its intended size."

 
 



|
home | state | national | business | editorial | advertisement | sports |
|
international | weather | mailbag | suggestions | search |
subscribe | send mail |