Daily Excelsior... Editorial

EDITORIAL

Parliament says
Requiem for Pota

By Vaniram

Powers entrusted to the law enforcing authorities to deal with terrorism would always be contentious as there is a possibility of it misuse. The laws are as good as they get implemented in their letter and spirit but often it is not an ideal situation for the accused ....more

Fallacy of Pakistan's two nation theory

By H. A. Lone

Against the backdrop of ongoing dialogue process between India and Pakistan, some facts buried in the historical documents need a fresh look to ascertain if Pakistan's claim over the State of Jammu and Kashmir based on the principle of 'two nation theory' still holds good. General Musharraf's 7-division formula of Jammu and Kashmir State as a possible option for the ......more

China, US, UK disturb India

By B L Kak

More often than not, in recent times, people have been officially told that India's ties with three most important countries, China, United States and Britain, continue to improve. And similar reports have also been circulated in Beijing, Washington and London about the continuity in efforts in the three capitals for further improving relations with the important country in South Asia, namely, India. All this is pleasing to the ears of peace-loving masses ....more

EDITORIAL

Heal their wounds

Now that a Central inter-ministerial team headed by Ms Sushma Chowdhary, a daughter of this soil and one of the seniormost IAS officers, has carried out an extensive on-the-spot survey of the problems affecting the Kashmiri Pandit migrants it is to be hoped that concrete measures will eventually be taken to pave the way for their return to the Valley. As a quick relief there is a welcome indication that the facilities at their camps (pathetically mentioned as pigeonholes by some of their occupants) will be upgraded. It is also possible that there is an employment package for the jobless youth. In addition, a few other economic benefits may too be made available. Even if all the financial needs of this unfortunate section of the population are met there will be the all-important question: will their relations with their place of birth and upbringing be fully restored? Ever since they have been driven out of their homes in the early nineties they have been struggling to eke out a living. Not only they have suffered a lot, they are confronted with fresh social and cultural challenges that have come up. As often mentioned in these columns an entirely new generation of the Pandit community has grown up in the intervening period that has only heard of the Valley or is reading about it in the books. How inclined will these teenagers be to go back to the 'home' they have never seen? As it is they are exposed to better educational opportunities in their present habitats. The best of professional institutions (for instance in Maharashtra) and the prestigious universities like Delhi have provided reservation for them. Karnataka and Uttaranchal are the two latest states to do so both in regular and specialised disciplines. There may be quite a few scholarships as well for them. Their parents deprived of livelihood for no fault of their own have been able to secure alternative jobs. To put it briefly they have resettled in new surroundings. In turn this should mean that they could afford to forget their original homes and hearths and become part of a greater stream by submerging their unique identity. However, this is easier said than done. The enterprising members of the small and talented community have zealously guarded their distinct personality even as they have travelled beyond the Pir Panjal over the centuries and made a mark in different states. Every such movement has been considered momentary (in practical terms though it has turned out to be permanent). For, these wanderers by choice might have gone away for good but they had always known that there was a place to which they could look back as their homeland: it had their places of worship and the overwhelming majority of the community of which they are the part. For obvious reasons they don't have the same confidence any more. They have suffered upheavals in the recent past with nearly all of them driven out as a cruel fall-out from the vicious gun culture. They can't be flawed if they think that their bridges have been burnt as if for all time to come. Can any economic relief help rebuild them?

On their part, the better-off members of the community have sold their assets back home. It is not a secret. This makes the possibility of their return to the Valley even more complex. Why and where do they go back? While there is certainly a case for looking after the financial well-being of the deprived sections there is need at the same time --- at least in this instance --- to look beyond that. There is the absolute necessity to repair the age-old tie between the Kashmiri Pandits and Kashmiri Muslims that have been heavily strained --- it has to be admitted even as one will like to rejoice over their glorious past heritage --- because of brutal events in the last decade. With this objective in view it is required that their respective leaders exhibit a rare sense of purpose, wisdom and maturity. It does not do credit to any of them were a religious function to be observed in a security zone and publicised as an emblem of the Muslim-Hindu brotherhood. What is to be displayed is the same spontaneous love and enthusiasm as has been noticed at the time of the Kheer-Bhawani fair in the last three years that has raised hope that all is not lost yet. The role of the majority community is important in this behalf. It has to be realised that it takes two hands to clap.

One is happy to note that of late the migrant organisations have shown the inclination to bury their hatchets. They have to put up a unified front to clinch their rightful claim. On the other hand, the major parties like the National Conference, People's Democratic Party and those on the other side of the political range like the Hurriyat Conference, Tehreek-e-Hurriyat and Jammu-Kashmir Liberation Front have to sit as one and adopt a common approach. Merely expressing pious wishes that the Pandits should come back is not enough. It is even worse to make their return conditional to the support they should extend to one ideology or the other: this would lead to the re-enactment of such environment as had led to their exit in the first place. Leaders of the main outfits should join hands to lead the migrants' return from the front. Otherwise it is doubtful if a breakthrough can be achieved. To expect that the Government or any of its wings can do the magic will be a miscalculation. They can at best be facilitators. And, if cold-blooded they can perhaps force a decision. Doing so, however, is always counter-productive in matters aimed at building harmonious human relations. Therefore, to think that any Central teams even the one steered by a talented and well-meaning officer can perform a miracle is fallacious. Ultimately all will depend upon how the two communities and their leaders behave vis-à-vis each other.

Belated honour

There are some persons who are rewarded late in the life for their hard work and sense of purpose. Dogri intellectual Shivanath seems to be one of them. The first person from Jammu and Kashmir to have qualified for the Indian Administrative Service in the fifties he was denied the honour to join it and made to settle instead for the Indian Postal Service as the State had by then acceded to the Union mainly in the matters of communication, defence and external affairs. Wednesday's announcement that he has been given the Sahitya Akademi award for 2004 is too a belated recognition for his monumental work in the field of Dogri language and literature. Few have enriched Dogri like he has done. He has also vastly extended its horizons by writing the complete history of its evolution and development in English. His two books on the subject have been widely acclaimed for their authenticity and credibility. It is a matter of satisfaction that the Akademi, which has extensively used his services in varying capacities in the past, has eventually accorded the honour due to him.

Parliament says
Requiem for Pota

By Vaniram

The Terrorist and Disruptive Activities (Prevention) Act)- TADA- enacted during the last Congress Government to deal with the terrorism could not stand the test of time with charges of its gross abuse and excess flying thick and fast.

TADA made an inglorious exit and Prevention of Terrorism Act (POTA) replaced it under the NDA Government, and this month it too had to go with the Congress-led UPA coalition repealing it and securing the parliamentary nod without any hiccups in the very second week of the winter session.

A substitute, an amended and stringent, Unlawful Activities (Prevention) Act (UAPA) has come in place of POTA, first as an ordinance and finally as a law duly approved by Parliament.

One important reason for speedy repeal POTA is the desire of the Congress-led UPA to allay the misgivings of Muslims who looked at the anti-terrorist law with a lot of misgivings and fear. The clause in the newly amended UAPA ordinance dealing with 'spreding communal disharmony' is apparently targeted at saffron outfits like VHP and Bajrang Dal. Union Home Minister Shiv Raj Patil has made his intentions clear on this count.

The UAPA, however, is no less stringent than the erstwhile POTA as it allows as 'admissible evidence'' the interception of wire, electronic or oral communication under the provisions of the Indian Telegraph Act 1885, or the Information Technology Act 200 or any other law for the time being in force.' Besides, like POTA, the amended UAPA defines terrorism as an act of raising fund for a terrorist organisation. It is for nothing noted Jurist Fali S Nariman remarked that NDA can slap a copyright case on the UPA !

The amended UAPA has enhanced penalties for 'unauthorized possession of any bomb, dynamite or hazardous explosive substance or other lethal weapon of substance capable of mass destruction or biological of chemical substance.. be punishable with imprisonment for a term which shall not be less than five years but which may extend to imprisonment for life.'

The acts of terrorism any person commits beyond Indian shores shall be dealt under UAPA in the same manner as if such act had been committed in India. Proceeds of terrorism, whether held by a terrorist or other person prosecuted or convicted for any offence under the act will be forefeited to the Central or State Governments.

On the sobering side, the amended UAPA has done away with the provision, which deemed confession of an accused before a police officer as an evidence and also deleted the provision under POTA that had the stringent clause for keeping a suspect under police custody for three months without a chargesheet.

The termination of POTA by way of an ordinance has set the ball rolling for the review of numerous cases registered countrywide under this law which must be complete 'within a year'. Each review committees consists of Chairperson and other members with the former being a Judge of a High Court.

The Government decision, however, did not spell out as what would be the status of Central Pota Review Committee headed by Justice Arun B Saharya. As a part of safeguards under Pota, review committees were set up at the State level and in the Centre to look into the cases one by one carefully and see that no innocent is held under the draconian law.

If state review committee and the Central committee held contradictory view on a particuar case the latter's decision would prevail. The maximum period for completing the review process is one year, obviously to ensure that the cases are not allowed to linger on as had happened after the repeal of TADA.

Unlike TADA 1987, cases under the repealed POTA would not be followed in a retrospective manner. The infamous TADA, even after it lapsed, had continued to haunt those accused but were not charge sheeted. Again, unlike TADA, POTA dealt not only with terrorist offences committed by individuals but also brought within its ambit the activities of terrorist organisations and funding sources. UAPA has retained the provision relating to funding of terrorism or possession of any proceeds of terrorism or possession of any proceeds of terrorism.

That NDA Government was aware of the draconian nature of the POTA and the immense scope it had provided for misuse. If it was not initially, the arrest of MDMK leader Vaiko by Jayalalitha Government on the charge that he had publicly supported LTTE a terrorist organisation under both the Indian law and the US law, must have come a rude shock.

Of course, the inability to secure Vaiko's release by a Government in Delhi, which enjoyed his support, rankled his supporters no end. The Amma of Pose Gardens in Chennai ordered the arrest of Vaiko, who doesn't hide his support of LTTE cause, is the very provision in POTA that says expression of public support or intentions of supporting a terrorist organization is an offence.

When POTA was enacted in 2001, many Congress ruled states vehemently opposed it and told the Centre that they did not need a new law since they had sufficiently strong laws like MOCCA, POCA and KOCA to deal with the law and order situation.

Now in a reversal of roles, the BJP has asked its Chief Minister to adopt a POTA like law in their respective States 'to fight terrorism'.

The law and order is a state subject; so the BJP administered states could enact a law of 'their liking', according to the Union Home and Laws Ministries. Will they actually do so is a million dollar question since TADA or POTA or any other variant is a political football that could deprive them of the votes in elections that are due.

Any how, as of now, the BJP-ruled States are 'taking legal view' on enacting special state laws against terrorism. Arun Jaitley, the former Law Minister is rallying in their defence. Listen to his arguments: POTA repeal would weaken the fight against terrorism. It is too naive for the Government to believe that 'fidayeen' (terrorists on suicide missions) will honour bail and judiciary.

Will he still stick his neck out after hearing Fali Nariman? Time will tell! (Syndicate Features)

Fallacy of Pakistan's two nation theory

By H. A. Lone

Pakistan was created on the pretext that minority Muslim's interests in India were not safe in a Hindu majority nation. Jinnah, therefore, wanted a separate country for the Muslims of India and British connivance to his plan ultimately led to the partition of India in 1947. Pakistan's subsequent stand vis-a-vis Muslims of the sub-continent, however, exposed the fallacy of Pakistan's two-nation theory. A Pakistani journalist, who was in India recently, has made a research of the historical document of pre and post partition era and come to the conclusion that Jinnah's two-nation theory (based on religious divide) was dumped the movement Jinnah got his ambition of a cherished land fulfilled. To prove his point, the journalist has referred to the minutes of an Indian cabinet meeting of the Emergency Committee held in New Delhi on October 7, 1947. The minutes is available on Lord Mountbatten Papers, Broadland Archives Trust, Romesey, Hampshire, UK. According to minutes of the meeting, Pakistan's stand during those days was that Muslims of East (India) and West (Pakistan) Punjab, the Punjab State and the NWFP would be given facilities to migrate to Pakistan and this facility would not be extended to include others States of India. Liaqat Ali Khan, the then Prime Minister of Pakistan had also objected to the movement of Muslims from UP and Bihar towards the newly created Pakistan. Government of Pakistan, in fact, chose to decline and bar Muslims from other Indian States with effect from October 1947 itself. In nutshell, for Jinnah, the creator of Pakistan, the ideology of Pakistan and its territory built on two nation theory evolved for Muslims living only in selected areas mainly East Punjab. Subsequent development in Pakistan also proved this point. The Muslims of East Pakistan were never treated at par with those of West Pakistan. Those who migrated to Pakistan from other parts of India are still called Mohajirs and even after 57 years of creation of Pakistan, they are fighting for their equal rights. The plight of Muslims of Northern Areas and the so-called Azad Kashmir (the area which Pakistan forcefully captured after partition) is well known. These people neither have any Constitutional rights nor any say in the governance of the country.

This should be an eye opener for all those in Kashmir, particularly the likes of Syed Ali Shah Geelani, who consider Pakistan as their cherished land.

They should realize that it was the strategic paradigm that had reigned supreme in Pakistan's formulation of its Kashmir policy, and the religious proximity or the human aspects. Had that been so, Pakistan would not have invested so much money that has only brought war, poverty, famine, violence, bigotry, hatred and religious chauvinism in Kashmir and has crushed the very concept of Kashmiriyat on which the Kashmiris were once proud of.

It is a pity that the All Party Hurriyat Conference (APHC), which claims itself to be the voice of Kashmiris, has failed to read between the lines of Pakistan's every move vis-a-vis Kashmir. In fact, it is the failure on the part of its leaders to read the mind of the people, whom they claim to represent, that has converted the conglomerate into a non-entity. The division of Hurriyat is now a real concern for Pakistan. That is the reason why the Prime Minister and Foreign Minister of Pakistan made it a point to meet Hurriyat leaders of all factions, when they visited India recently. During the meeting, they emphasized the need for unity in the Hurriyat.

They appeared distrust with the obstinacy of SAS Geelani, who is not ready to mend fence with other factions. Hence, Moulvi Umar Farooq is now being given special treatment. It is believed that General Musharraf did not discuss his Kashmir formula with his Prime Minister or even with his Foreign Minister, but discussed it with Moulvi Umar Farooq when the latter called on him at Amstertom.

Hurriyat is well advised to listen to his own people if it wants to be of any use in resolving the Kashmir issue. A visit to Pakistan is not going to serve any purpose in view of its almost nil hold over terrorist groups. It should realize that for Govt. of India, there are other parties in J&K entanglement who represent the people in the J&K Assembly and thus represent the real voice of the people.

China, US, UK disturb India

By B L Kak

Quite a few instances can be cited in this connection. Amid the talk of 'Hindi Chini Bhai Bhai, China did allow the production and subsequent passage into India of highly controversial and provocative globes depicting Jammu and Kashmir as an independent territory. Britain chose to go against the stated position of New Delhi on the status of Jammu and Kashmir by announcing its decision to appoint an honorary consul at Mirpur in Pakistan occupied Kashmir (PoK). And the United States, on the other hand, approved 300 million dollar military package for Pakistan.

As the very mention of Kashmir immediately draws attention of the average Indian inside and outside the restive State of Jammu and Kashmir, the commencement of animated discussion on China-made globes on J&K was expected. The issue also formed part of the proceedings of the Rajya Sabha on this December 15. In his reply to a question by B K Hariprasad, Sriprakash Jaiswal, Union Minister of State for Home, revealed that Chennai-based companies had imported globes from China in which J&K was shown in different colour than that of the rest of India. In plain language, Kashmir was depicted beyond the boundaries of India.

What Jaiswal failed to do was that he spoke nothing in relation to the action taken by the Government. All that he said was that the Central Bureau of Investigation (CBI) had, during the course of the hearing in the Delhi High Court, intimated that a reference will be made to the Department of Revenue for taking ''suitable action in the matter''. At the same time, the Minister sought to convey his Government's message to China and others including Pakistan in these words : ''India's position on Jammu and Kashmir has not changed; J&K constitutes an inalienable and integral part of India''.

If on the one hand New Delhi has put across to the Chinese side the fact of J&K being an integral part of India, on the other hand India's ''strong concern'' has been conveyed to the United States over its decision to sell sophisticated weapons to Pakistan. This, it is generally felt across India, will inevitably impact the positive sentiments that characterise Indo-US ties. India's Foreign Secretary, Shyam Saran, was certainly not to blame when, in Washington the other day, he had a meeting with US Secretary of State designate, Condoleeza Rice, and conveyed to her his country's concerns at the impending arms sales.

The US arms package totals 1.3 billion dollars. It is the largest US military sale to the country since sanctions against Pakistan were lifted in 2001 as a reward for supporting US forces fighting Taliban and Al Qaeda in neighbouring Afghanistan.

In the second week of this December, US Defence Secretary, Donald Rumsfeld, was in Delhi. And as he held discussions at the official level, New Delhi used the opportunity to again register its concern over the proposed US arms sale to Pakistan.

Both Indian Defence Minister, Pranab Mukherjee, and External Affairs Minister, Natwar Singh, raised the issue with Rumsfeld and told him that the proposed sales may not have a healthy impact on the positive sentiment and goodwill for the US in India.

Washington is not ignorant that in the past the US arms supplied to Pakistan and Afghanistan also found their way into the hands of Islamist radicals or jihadis. Since there is no effective mechanism or system to ensure only legitimate and legal use of imported arms in Pakistan, the possibility of a portion of such arms slipping into the hands of undesirables, particularly anti-India elements and groups, cannot be ruled out.

The frank airing of New Delhi's disquiet over the US decision to sell F-16s to Pakistan has to be seen in the context of the increasingly manifest cordiality between the United States and Pakistan. America's upgradation of its relationship with Pakistan last March, with Pakistan being accorded the status of a Major Non-Nato Ally, has also meant that India's immediate neighbour has gained significant access to conventional arms from the world's only superpower.

More importantly, there is sufficient evidence that leads one to conclude that the United States has already begun to look for a tactical ally in Pakistan. Indeed, US President, George Bush, is seen to be leaning more firmly towards Pakistan at the start of his second term in office. At a time when New Delhi is legitimately disturbed by the flow of US arms to Pakistan, the Bush administration has sought to project the military package as aid to help Pakistan in its fight against terrorism.

The British Government, too, chose to trigger anxiety for New Delhi on other front---across the Line of Control (LoC) in Jammu and Kashmir. Announcement of the decision of London to have an honorary consul at Mirpur was followed by a strong reaction from the Government of India. New Delhi's protest with London was on the grounds that Mirpur is located in an area that continues to be under the illegal occupation of Pakistan. London, like other foreign capitals, knows it well that India has not so far withdrawn its claim over the part of J&K (known in Pakistan as 'Azad Kashmir'). Yet, the British Government sought to add a new leaf to the turbulent history of J&K.

The British Government will have to admit that it has clearly overlooked Indian concerns by appointing a consult at Mirpur. It is a different matter that New Delhi took some time before a letter was shot off to the British High Commission against the appointment. It is important to recall that British Foreign Secretary, Jack Straw, made the decision public on December 1 and even announced Chaudhary Mohammed Saeed as the first honorary consul in Mirpur.

The British Government, in an apparent bid to impart a lesson or two on the altered history, sought to make New Delhi appreciate the 'fact' that nearly five lakh people from Mirpur area'' are currently in UK''. ''This appointment'', explained the British High Commission, is purely in response to a high demand for consular facilities there''. London has, in this case, established a lead over New Delhi.