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October 30, 2011

Nira Radia quits



In a spur of the moment, controversial corporate lobbyist Nira Radia, the owner of the PR firm which has Tata group and Mukesh Ambani-led RIL as its top clients, has decided to exit from communication consultancy business.

Is it because tapes have exposed prominent media-personalities allegedly engaged in brokering for hi-fi politicians and industrialists? Is it confirmation of exposure of some prominent media-persons in scandalous affairs through lobbyist like Nira Radia? Radia was also linked with Tata group i.e Ratan Tata.

"To give precedence to my personal priorities of family and health, I have decided against renewing any client mandates and to exit the business of communications consultancy," the Kenya-born and London-educated high profile lobbyist said in a statement to Times of India.

TRUTH BEHIND the 2G scam is coming to the surface, when Enforcement Directorate (ED) officials grilled corporate lobbyist Nira Radia with her admittance that she was liasoning with tainted former communication minister A. Raja on behalf of her client Tata Teleservices and accepted around Rs 60 crore from the client as legitimate consultancy fees.

Earlier, a statement which was released by her company Vaishnavi Corporate Communications, said that her only client Tata Telecom has been distinguished against over the years and therefore suffered huge losses.

A Reliance Indutries spokesman said, “We regret the decision of Nira Radia to discontinue her association with the business of communications consultancy and not renew any of her client mandates.

“We have enjoyed a professional and fulfilling relationship with Radia and her team over the last three years.”

“Radia’s commitment has been very impressive and she has always led her team in a manner that tactical developments do not lead to a de-focus on the strategic issues.
“We do appreciate and respect her wishes for a compelling need to focus on her family and personal issues. Radia leaves behind a very capable team and an indelible mark on the communications consultancy business...., the RIL spokesperson added. ( Collected from sources)


Looking at the magnitude of scams, price rise, insecurity about security in the last 20 years. It has gone up. I am proud to be indian but anyone who is born in 1920's must tell me, which period was the best for the common man in terms of prevailing prices, general admin , policing compare to present day ? I am not wrong if i say the purpose of freedom stand defeated . After 50 years, it has given way to scamsters, corrupt bureaucrats, netas and overall detoriation and lack of faith in our own ruling class.

As a human being, one needs money to survive on earth for fews years until he or she dies. I don’t understand what these people do by accumulating corers of money by illegal activities which they cant enjoy also. Humans have lost the track of LIFE. May be these people are accumulating corers of rupees and are going to bribe GOD to get admission in heaven.

This is disgusting. Even on the smallest of allegations against politicians, these TV channels will be running talk shows for weeks together. Their attempt to cover up these shows that they are more corrupt than the politicians. This is a dangerous situation for the country because, this incidence clearly shows that how a set of English news channel can block news. Then the same also is possible- cooking up news together.




Corrupt politicians, bureaucrats, PR companies or businessmen can only be as corrupt as the media allows them to be. This is the evidence. Now you can understand the value of the Padmashri and other national awards to journalists and the way they are distributed for the favours done to Congress. This will explain why Modi 's Godhra is never forgotten while the massacre of Sikhs under the congress rule is never mentioned; this will explain why media tells us that Rahul is the future of India. One hand washes the other while the body is covered with crap. Nearly two trillion dollars of India's wealth has disappeared and this media has not raised its voice. The saviour of the people is in fact their enemy.The country can go to hell It has gone to hell at the hands of the Neta, the Babu and the media. Now where should people go? The CBI is a part of the problem too.

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF,
TASVEER E HIND , THESE DAYS,
ORISSA, SAMBALPUR

October 27, 2011

Protecting Whistle Blowers

PROTECTING WHISTLE BLOWERS 27/10/2011

The most common response to the problems facing whistleblowers is to suggest better whistleblower legislation. Yet it is remarkable how ineffectual such legislation is. Not only are whistleblower laws flawed through exemptions and in-built weaknesses, but in their implementation they are rarely helpful. Indeed, it might be said that whistleblower laws give only the appearance of protection, creating an illusion that is dangerous for whistleblowers who put their trust in law rather than developing skills to achieve their goals more directly.

Government introduction of whistleblower laws can be explained in various ways: as a sincere attempt to help whistleblowers, as a form of symbolic politics to pacify concerned citizens, or as a cynical attempt to entrap whistleblowers in a procedural abyss. The precise explanation is less important than an understanding that laws are not the best protection for whistleblowers. This same analysis applies, in large measure, to other official procedures regularly used by whistleblowers, such as Ombudsmen, anti-corruption agencies and the courts.

Far more helpful to whistleblowers are practical skills at understanding organizational dynamics, collecting data, writing coherent accounts, building alliances and liaising with the media. The value of such skills is obscured in the focus on official procedures. Skill development is a form of personal and group empowerment, whereas official procedures empower bureaucrats and lawyers. This suggests that a good way to assess means for aiding whistleblowers is to perform an inventory of skills needed and promoted.

Whistleblower laws put the focus on whistleblowers and what is done to them. An unfortunate feature of this focus is a relative neglect of the original issue about which the employee spoke out. Whistleblower laws do not and perhaps cannot require an investigation into an employee's allegations. During the drawn-out process of assessing whether reprisals have occurred, the original issue is not addressed. For a dismissed whistleblower, "success" usually comes in the form of a settlement, not a reinstatement; success in terms of organizational reform is not part of the agenda of whistleblower laws.

These shortcomings of whistleblower laws are so systemic that it is worth asking why anyone would bother with them at all. Three types of explanations can be labeled sincere, symbolic and cynical.

Undoubtedly most of those who promote whistleblower laws are completely sincere. This includes many whistleblower activists whose sincerity cannot be doubted, given that they themselves are victims of reprisals. But sincerity of intent is no guarantee of effectiveness in execution. The flaws in the vehicle - whistleblower legislation - are seen as unfortunate weaknesses, due to poor drafting, inadequate resources or ineffectual implementation.

The Standing Committee on Personnel, Public Grievances, Law and Justice submitted its 46th Report on The Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010 on June 9, 2011. The Chairperson was Smt Jayanthi Natarajan as stated by Mr Kaushiki Sanyal . But the bill requires certain amendments.

Whistleblower laws are only one avenue for handling disclosures and protecting whistleblowers. Other official channels include hotlines, auditors-general, ombudsmen and courts These assessments can be explained, in a general way, in the same way as the shortcomings of whistleblower laws: it cannot be expected that any formal procedure could be enacted and implemented that would enable single individuals, backed solely by the truth, to reliably win against powerful organizational elites.
Administrative officers acting against corruption, whistle blowers, and social activists are getting either convicted on charges of sedition or getting killed
These pointers are very evident to every Indian citizen and are giving confidence to the rich and powerful to think that they can go scot free in this system, even after committing the heinous crimes.

Does the President of India need any more reasons to dissolve this government, declare an emergency and revamp the electoral, judicial, political and administrative systems with immediate effect?

Political parties are only concerned and interested in finding weak points of other parties to demean each other as opposed to finding a solution. Not only are they guilty of not seeking new avenues for the betterment of the country but they have also failed to improve their ways or learn from their previous corruption charges despite being given repeated warnings and chances.

Thus, we have lost our faith in them and cannot entrust the fate of the country in their hands anymore.

Times have changed, it has been 60 years our Constitution was made and major changes have happened in technology and in governance since 1950, however our constitution is same as it was in 1950 (with only minor amendments as per the requirement of the politicians).

As the Constitutional head of India, if you fail to take further action on issues mentioned above the general public will believe that the President is also a party to this corruption nexus and youth will be left with no option but to initiate a revolution against this system.

Reading about whistleblowers can be depressing: their experiences are traumatic, the way they are treated is grossly unfair and their success rate in leading to reform in organisations is extremely low. It is an additional source of disillusionment to find that official bodies - despite the good intentions of most of those who work in them - are so seldom helpful. But there are a few signs of hope.

According to me the very concept of whistle blowing is only a few decades old. Abuses of employees are as old as organizations as is the visiting of reprisals on those who expose problems. The naming of a problem is often a large step towards dealing with it. There has been an increasing recognition of whistle blowing in English-speaking countries in the past decade, especially due to media stories, aided by Hollywood portrayals such as The Insider, the story of tobacco company whistleblower Jeffrey Wigand.

Whistleblower legislation, though it may serve primarily as a form of symbolic politics that gives only the illusion of protection, nevertheless reflects social expectations that something be done about organizational abuses. In many countries there is no whistleblower legislation and virtually no recognition of whistle blowing as a course of action. For all their weaknesses, official channels offer an acknowledgement that whistles blowing is legitimate and socially valued, raising expectations of action and justice.

Whistleblowers and their supporters are sharing their insights and experiences. Books and articles provide a valuable resource. There is an ever-larger amount of material on the web, providing information and contacts. In Australia, Britain and the US, there are organizations whose members are whistleblowers, providing mutual help and support. The sharing of information and experience provides a rich form of learning that is especially powerful because of the personal trauma of whistle blowing. In years gone by, most whistleblowers would have been likely to suffer in silence, often blaming them. This still occurs, but it is now more common for workers to search the web, find relevant information and contacts and plot a course of action with a better chance of success.

As workers develop better skills, they will have higher expectations of official channels. A well-informed and well-connected employee will not turn to official bodies unless they promise better prospects than what individuals can achieve through their own efforts. Why make a protected disclosure when a leak or a well-planned campaign is safer and more effective? This suggests that the best way to improve the performance of official channels is to develop workers' understanding and skills.

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF,
THESE DAYS, TASVER E HIND,
ORISSA, SAMBALPUR

October 26, 2011

No need for corroboration and conviction can be imposed on the sole statement of the victim – Supreme Court

The Supreme Court has ruled that in rape cases there is no need for corroboration and conviction can be imposed on the sole statement of the victim. A bench of justices P Sathasivam and B S Chauhan said that the victims testimony cannot be looked at with suspicion. Supreme court adeed that it is a trite law that a woman, who is the victim of sexual assault, is not an accomplice to the crime but is a victim of another person’s lust. The Prosecutrix stands at a higher pedestal than an injured witness as she suffers from emotional injury. Hence, the victims evidence need not be tested with the same amount of suspicion as that of an accomplice. The bench dismissed an appeal filed by Mohd Imran Khan and Jamal Ahmed challenging their conviction for rape of a minor girl about 22 years ago. The defence had argued the victim’s statement cannot be relied upon as she had eloped with the accused.

In 2009, the court had ruled the same when awarding rigorous life imprisonment to convict Raju, a resident of east Delhi for raping his five-year-old neighbour. The apex court had ruled that the evidence of a victim of sexual assault stands almost on a par with the evidence of an injured witness and to an extent, is even more reliable. Evidence Act does not says that victims evidence cannot be accepted unless it is corroborated in material particulars. The court had also ruled that a victim is undoubtedly a competent witness under Section 118. However, courts also say that if a prosecutrix is an adult and of full understanding the court is entitled to base a conviction on her evidence unless the same is shown to be infirm and not trustworthy. If the totality of the circumstances appearing on the record of the case disclose that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence.

Errors in Age Verification

The medical report and the deposition of the Radiologist cannot predict the exact date of birth, rather it gives an idea with a long margin of 1 to 2 years on either side.

In Jaya Mala v. Home Secretary, Government of J & K & Ors., AIR 1982 SC 1297, this Court held:

However, it is notorious and one can take judicial notice that the margin of error in age ascertained by radiological examination is two years on either side.

(See also: Ram Suresh Singh v. Prabhat Singh @ Chhotu Singh & Anr., (2009) 6 SCC 681; and State of Uttar Pradesh v. Chhotey Lal, (2011) 2 SCC 550)

Judgement Text:

EVIDENCE OF PROSECUTRIX:

It is a trite law that a woman, who is the victim of sexual assault, is not an accomplice to the crime but is a victim of another person's lust. The prosecutrix stands at a higher pedestal than an injured witness as she suffers from emotional injury. Therefore, her evidence need not be tested with the same amount of suspicion as that of an accomplice. The Indian Evidence Act, 1872 (hereinafter called `Evidence Act'), nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. She is undoubtedly a competent witness under Section 118 of Evidence Act and her evidence must receive the same weight as is attached to an injured in cases of physical violence. The same degree of care and caution must attach in the evaluation of her evidence as in the case of an injured complainant or witness and no more. If the court keeps this in mind and feels satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the Evidence Act similar to illustration (b) to Section 114 which requires it to look for corroboration. If for some reason the court is hesitant to place implicit reliance on the testimony of the prosecutrix it may look for evidence which may lend assurance to her testimony short of corroboration required in the case of an accomplice. If the totality of the circumstances appearing on the record of the case disclose that the prosecutrix does not have a strong motive to falsely involve the person charged, the court should ordinarily have no hesitation in accepting her evidence. The c ourt must be alive to its responsibility and be sensitive while dealing with cases involving sexual molestations. Rape is not merely a physical assault, rather it often distracts the whole personality of the victim.

The rapist degrades the very soul of the helpless female and, therefore, the testimony of the prosecutrix must be appreciated in the background of the entire case and in such cases, non-examination even of other witnesses may not be a serious infirmity in the prosecution case, particularly where the witnesses had not seen the commission of the offence. (Vide: State of Maharashtra v. Chandraprakash Kewalchand Jain, AIR 1990 SC 658; State of U.P. v. Pappu @Yunus & Anr. AIR 2005 SC 1248; and Vijay @ Chinee v. State of M.P., (2010) 8 SCC 191). Thus, the law that emerges on the issue is to the effect that statement of prosecutrix, if found to be worthy of credence and reliable, requires no corroboration. The court may convict the accused on the sole testimony of the prosecutrix.

The Trial Court came to the conclusion that there was no reason to disbelieve the prosecutrix, as no self-respecting girl would level a false charge of rape against anyone by staking her own honour. The evidence of rape stood fully corroborated by the medical evidence. The MLC of the prosecutrix Ext.PW2/A was duly supported by Dr. Reeta Rastogi (PW.2). This view of the Trial Court stands fortified by the judgment of this Court in State of Punjab v. Gurmit Singh & Or s. AIR 1996 SC 1393, wherein this Court observed that the courts must, while evaluating evidence remain alive to the fact that in a case of rape, no self-respecting woman would come forward in a court just to make a humiliating statement against her honour such as is involved in the commission of rape on her.

Similarly, in Wahid Khan v. State of Madhya Pradesh, (2010) 2 SCC 9, it has been observed as under:

It is also a matter of common law that in Indian society any girl or woman would not make such allegations against a person as she is fully aware of the repercussions flowing therefrom. If she is found to be false, she would be looked at by the society with contempt throughout her life. For an unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl or a woman would be extremely reluctant even to admit that any such incident had taken place which is likely to reflect on her chastity. She would also be conscious of the danger of being ostracised by the society. It would indeed be difficult for her to survive in Indian society which is, of course, not as forward-looking as the western countries are.

Much reliance has been placed by learned counsel for the appellants on the judgment of this Court in Javed Masood & Anr. v. State of Rajasthan, (2010) 3 SCC 538, wherein it had been held that in case the prosecution witness makes a statement and is not declared hostile, he is supposed to speak the truth and his statement is to be believed.

It is in view of this fact in the instant case that Puran Singh, I.O. (PW.15) has deposed in the court that the birth certificate of the prosecutrix did not relate to the prosecutrix. I did not verify about the birth certificate from the NDMC. I do not remember if at the time of bail application I had submitted that the birth certificate is genuine but does not relate to prosecutrix.

Thus, the question does arise as to what extent the court is under an obligation to accept the statement of Puran Singh, I.O. (PW.15) particularly in view of the birth certificate available on the record. In view of our finding in respect of the date of birth we are of the view that Puran Singh, I.O. (PW.15) unfortunately made an attempt to help the accused/appellants, though in the examination-in- chief the witness has deposed that the Birth Certificate providing the date of birth as 2.9.1974 was genuine.

Be that as it may, by now Puran Singh (PW.15) might have retired as the incident itself occurred 22 years ago. Therefore, we do not want to say anything further in respect of his conduct.

In State of Karnataka v. K. Yarappa Reddy, AIR 2000 SC 185, this Court while dealing with a similar issue held:It is well-nigh settled that even if the investigation is illegal or even suspicious the rest of the evidence must be scrutinized independently of the impact of it. Otherwise the criminal trial will plummet to the level of the investigating officers ruling the roost. The court must have predominance and pre-eminence in criminal trials over the action taken by investigating officers. Criminal justice should not be made a casualty for the wrongs committed by the investigating officers in the case. In other words, if the court is convinced that the testimony of a witness to the occurrence is true the court is free to act on it albeit the investigating officer's suspicious role in the case.

The investigation into a criminal offence must be free from all objectionable features or infirmities which may legitimately lead to a grievance to either of the parties that the investigation was unfair or had been carried out with an ulterior motive which had an adverse impact on the case of either of the parties. Investigating Officer is supposed to investigate an offence avoiding any kind of mischief or harassment to either of the party. He has to be fair and conscious so as to rule out any possibility of bias or impartial conduct so that any kind of suspicion to his conduct may be dispelled and the ethical conduct is absolutely essential for investigative professionalism. The investigating officer "is not merely to bolster up a prosecution case with such evidence as may enable the court to r ecord a conviction but to bring out the real unvarnished truth. (Vide: Jamuna Chaudhary & Ors. v. State of Bihar, AIR 1974 SC 1822; State of Bihar & Anr. etc. etc. v. P.P. Sharma & Anr., AIR 1991 SC 1 1260; and Babubhai v. State of Gujarat & Ors., (2010) 12 SCC 254)

Shri Amrendra Sharan, learned senior counsel has placed reliance on the judgment of this Court in Baldev Singh & Ors. v. State of Punjab, AIR 2011 SC 1231, wherein the convicts of gang rape had been sentenced to 10 years RI and a fine of Rs.1000/- each had been imposed and served about more than 3 years imprisonment and incident had been very old, this Court in the facts and circumstances of the case reduced the sentence as undergone, directing the appellants therein to pay a sum of Rs.50,000/- of fine to be paid to the victim and prayed for some relief.

The High Court after taking into consideration all the circumstances including that the incident took place in 1989; the appeal before it was pending for more than 10 years; the prosecutrix had willingly accompanied the appellants to Meerut and stayed with them in the hotel; and she was more than 15 years of age when she eloped with the appellants and the appellants were young boys, reduced the sentence to 5 years which was less than the minimum prescribed sentence for the offence. As the High Court itself has awarded the sentence less than the minimum sentence prescribed for the offence recording special reasons, we do not think it to be a fit case to reduce the sentence further in a proved case of rape of a minor. The appeals lack merit and are, accordingly, dismissed.

Judicial delay may become a thing of the past

The National Mission to improve the delivery of justice is at work.

In October 2009, on the basis of a Vision Document adopted at a judicial conference in New Delhi, the Government of India approved in principle a National Mission to reduce pendency and delays in the judicial system and enhance accountability through structural changes, higher performance standards and capacity-building. Many past attempts to achieve the goals did not yield results because of lack of institutional capacities, inadequate funding and want of a political will.

When it was realised that without judicial reform the development agenda cannot be carried forward, the 13th Finance Commission made specific recommendations for the grant of funds to improve justice delivery. The Union government announced a series of policy initiatives aimed at reducing pendency from an average of 15 years to three years — within a three year period. It was considered by many as too ambitious for a system used to chronic delays, outmoded procedures and indifferent management. With the money made available and strategies and plans worked out, the government has now come up with a National Mission to accomplish the goal within five years, coinciding with the period of the 12th Five Year Plan. This is a look at the Mission Goals, analysing the components of the Action Plan, examining the strategies proposed and evaluating the prospects, given the conditions on the ground and the constraints.

The catalyst

For a long time, the judiciary was outside the radar of the Planning Commission which distributed development grants. And when the Commission started providing funds, it turned out to be too meagre to make any capacity improvement. The State governments did not increase the number of courts required to handle the mounting number of cases, and the existing ones did not get the needed infrastructure. The judiciary is still to acquire information and communication technology (ICT) support systems to modernise processes, and continues to labour under the weight of over three crore pending cases.

Setting a condition that the government, the single largest litigant, frame a litigation policy aimed at reducing avoidable and unnecessary litigation, the Finance Commission recommended a grant of Rs. 5,000 crore to improve judicial outcomes through six strategic initiatives. These included increasing the number of court working hours, using the existing infrastructure but conducting proceedings in morning/evening hours under a shift system. Other measures involved increased use of Lok Adalats to ease pressure on courts, promotion of Alternative Dispute Resolution methods, training of judicial officers and public prosecutors to enhance capacities, addition of facilities in judicial academies, and the creation of posts of Court Managers in every judicial district to assist in administrative functions. The Central government issued a series of orders sanctioning funds and providing guidelines for the utilisation of the grants. The State governments have started issuing orders for utilisation.

Strategic initiatives

The Department of Justice, now headed by an independent Secretary-level officer under the Ministry of Law and Justice, has assumed the role of the Mission Directorate with the Secretary to Government as Mission Leader. Judicial reform is now as much a function of the government as it is of the judiciary. The Planning Commission has constituted a Working Group on Justice to prepare the demands of the justice system under the 12th Plan, and one can expect continued support, besides the Finance Commission allocations, for the Justice Department's Mission initiatives. The time is opportune for a breakthrough in the delivery of justice through the National Mission. The first step is to understand the implications of the Strategic Initiatives of the Action Plan and respond to the role and responsibilities envis aged under it. The Action Plan contemplates five strategic initiatives: policy changes, re-engineering procedures, human resource development, leveraging ICT and improving the infrastructure of the subordinate judiciary.

Among policy initiatives, the government has moved legislation proposing to increase High Court judges' retirement age and enhance judicial standards and accountability. National and State litigation policies are in the process of implementation as part of the National Mission. The All India Judicial Service is being taken up for Parliament's consideration. Improving the capacities of the judiciary proportionate to the workload is under way through judicial impact assessment as part of the legislative process. To improve human resources, legal education reforms are being considered.

Re-engineering of processes by removing bottlenecks and fast-tracking procedures constitute a major strategy to reduce delays. This may require amendments to statutes and rules; the Law Commission is being asked to work on it. Together with Lok Adalats, mediation, plea bargaining and negotiated settlements, a large part of pending cases is expected to be resolved. Clubbing similar kinds of cases, leaving administrative functions to Court Managers, introducing modern management tools and systems for docket and case management and so on, are other strategies mooted. In 2007, the e-courts project was initiated at a cost of Rs.440 crore (now revised to Rs.935 crore) to provide ICT infrastructure in district and subordinate courts and to computerise judicial records. This is scheduled for completion by 2014, e nabling the National Arrears Grid to be operational for integration with the Mission Plan. With the introduction of e-courts, along with video-conferencing, e-filing and related ICT-enabled services, the justice delivery system can be transformed to become people-friendly, less expensive and expeditious.

The human resource component will still be critical, and as such the Mission proposes not only to fill up judicial vacancies but also strengthen training through judicial academies. Efforts to provide continuing education and training for lawyers and public prosecutors are under way with the involvement of Bar Councils and law schools. Many of the shortcomings in the institutions and procedures can be overcome if motivated, competent personnel are available in adequate numbers.

Another component of the Mission involves the development of infrastructure in district and subordinate courts. During the 12th Plan period, all the 15,000 courts are expected to have buildings and equipment for them to be able to operate with efficiency. For this, substantial funds are sought to be provided by the Union government on 75:25 sharing basis. States have been asked to develop the design of modern court complexes in every district and estimate fund requirements. Hopefully, the judicial architecture will soon see a decisive change in terms of efficiency and towards a litigant-friendly atmosphere. Gram Nyayalayas to help rural folk access inexpensive justice at their doorsteps is another step envisaged. Again, with police modernisation, forensic science development, criminal tracking network sys tem and similar initiatives being implemented, it is hoped that criminal justice will soon have a human face.

Popular support

The plan is ready and the funds have been made available. Now what is needed is time-bound implementation in mission mode by the functionaries, and popular support to sustain the momentum. Unfortunately, even informed sections do not believe that pendency and arrears can be controlled given the prevailing mindset of those in charge of the systems, and the undue benefits the vested interests enjoy by keeping the systems as they are. The litigant public seems to be reconciled to their fate and the powerful among them are increasingly using extra-judicial methods to get their due.

Of course, this was the sentiment in the early-1990s about the economy as well. A decisive leadership took the risk and made the change possible, which the people welcomed in due course. Can such a thing happen in the judicial sector in the present context when the political will seems to be forthcoming and the funds have been provided? Let there be a campaign for judicial reform among the public to get the actors motivated by the leadership to take the Mission seriously for the cause of justice and development.

October 25, 2011

Is Ex Cop Bedi Tainted?


Is Ex Cop Kiran Bedi Tainted? 25/10/2011

THE INDIA against Corruption (IAC) activist Kiran Bedi is finding it hard to explain the recently submitted inflated air fare invoices for reimbursement, which she allegedly overcharged from her host NGOs and institutions. She used her own travel discount as a gallantary award winner and keept the rest of money for her NGO. Bedi has now announced that the outstanding amount is being returned immediately. Now eighteen more record of bills and invoices have been tracked. All these were allegedly submitted by her as false invoices to overcharge organizations for travel. She is still maintaining and defending herself that the money went to her foundation for social causes only.

Well there is a clear case of false claim in her travel. If the organisation is paying her full fare, then why should she avail discount from the airline which is already under loss, she could have paid full money to airline which she gets. Routing it to her own organisation is certainly a mal practice, in other words corrupt practice. They are not fit to be in the Anna team. Kiran and Arvind Kejriwal actions are now more political, singling out Congress.

Reacting to the allegations Kiran Bedi said to India today : "Business class travel is part of the invitation/entitlement from the event organisers/corporates I'm asked to speak at. Travelling economy is a choice despite entitlement is to ensure that savings remain with the NGO."

"(There is) no personal gain here. Sorry to disappoint detractors trying real hard to find a smoking gun. However, I accept this kind of coverage as a part of the challenges which being in public life poses," she said, adding the money "saved" went to NGO India Vision Foundation run by her.

"I have nothing to hide. Whatever money came from the organisers of functions, it went to the institution," Bedi said. "I get a lot of money through my lectures and royalty on books. I donate it to the NGOs."

Justice Santosh Hegde Anna Team member said today it will be a "misconduct" if activist Kiran Bedi had not taken the permission of organizers of events for transferring the difference in money on air tickets to her NGO.
Hegde said if she has taken the permission of the "donors", he does not think that there is anything wrong with it because they knowingly gave the money.
"Certainly, it would be the other way round. It will be a misconduct," Hegde told Karan Thapar in a TV programme when asked whether her act amounts to misconduct.

Queried whether simply informing the donors was the same as taking their permission, he said the donors should accept it. He also said donors have also a chance to say no to such requests.

Bedi is facing allegations that she was overcharging companies and institutions, who invited her to their functions, by inflating her travel expenses while availing discounts using her gallantry medal.

He said"I have my own reservations in regard to opinions expressed by other members of the team. But I am not going to leave Anna. The agenda is only to fight corruption, nothing to do with Kashmir, nothing to do with any other issue,".

Arvind kejriwal said that if the government goes pushing our team in muddy water we will definitely go for a massive movement much more than August movement.

This issue has assumed importance because she is fighting for corruption and it raises eyebrows on description of corruption by IAC. IAC rides on waves of popular disgust about rampant corruption. It seems the movement is only against politicians, political parties and is chosen to simplify and polarize matters. First, Team Anna should clear the classification of corruption to people before talking about the Jan Lokpall Bill, gheraoing legislators who objected to their clauses and blackmailing an elected government.

It is like adopting double standards and no amount of clarification for any misappropriation can be accepted by the people. Anna should ensure his team comprises of people with a clean image. They should clear the difference between ordinary hypocrisy and serious fraud, which matters more than their movement.
Team Anna should be grateful to a fractional electronic media that elevated them and gave status of national heroes. Slowly, the real face of this pampered group is being revealed. The days are not far when the evil campaign could disintegrate under the weight of its own challenges. To cleanse our system from corruption we need a real discussion not grandstanding.

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF.
THESE DAYS, INDINO, TASVER E HIND,
ORISSA, SAMBALPUR

October 23, 2011

ADVANI'S JAN CHETNA YATRA AT SAMBALPUR


Orissa News : Advani’s Jan chetna yatra reaching Sambalpur , Orissa 24/10/2011

Senior BJP leader L K Advani will touch Orissa on October 22 and cover a distance of 427 km on road in the state for three days during his forthcoming rath yatra, party sources said.
Advani will be greeted by party supporters at Sohela in Bargarh district after he enters the state from Chhattisgarh. The BJP patriarch is scheduled to address a public meeting at Bargarh the same day. After a brief halt at Attabira in the same district, Advani will proceed for Sambalpur and will stay there for the night.
Advani would have faced trouble if he would have visited Sambalpur via Bargarh NH-6. Apprehending the situation , the BJP workers at Bargarh district had threatened the govt to launch a massive movement against the government if they defer from repairing the road.

Even MLA Nihar Mahanad had decided to go fast unto death showing his concern for the Messiah of BJP Supremo. The Condition of the road is so poor to reaching sambalpur which is 50 km and because of the poor condition of the road it takes around 2 hours to reach Sambalpur.

Tension is brewing up at Sambalpur , the epicenter of western Orissa before the arrival of Mr Advani’s rathyatra politics at the western part of Orissa or one can say the whole Orissa. On 22nd Oct , just a day before his visit a case has been registered against the local MLA Jaynarayan Mishra and BJP Town Unit president and Ex municipality Chairman Mr Girish Patel . It has been claimed that for getting a sit during the municipal election and a post he went for a fake caste certificate. Patel is a bhahubali and a close aid of The MLA Mr Jayanarayan Mishra and a prime member of Mr Advani’s Rathyatra here at sambalpur.

In between , the BJD leader dist president launched a massive agitation in front of SP office on Saturday demanding their urgent arrest. The Sambalpur SP Mr Kanodia told the media persons that he would go for an investigation and there is a formidable task ahead for Mr Advani’s visit to sambalpur i.e. 23rd OCT on Sunday, he had not arrested them keeping to prevent any consequences.

We all are talking about corruptions in all India/Odisha level.But we are not actively fighting Corruptions,forgery,land grabbings by Sri Jaynaranyan Misra MLA Sambalpur and a ex minister as well as his coterie...He submitted a false educational affidavit, help 2 impostor as Chairman of Sbp.muncipalty and Burla NAC.He has been indicted by the CAG Report on his involvement in corruptions as an minister..He was involved in security number plate scam..He has earned a lot from allowing over load in trucks ..through agents...He has made fortunes in Port MOU..In his guidance Sambalpu Burla was looted by Girish Patel,Bishnu Rakhit and the chairman of the Sambalpur Muncipality Reena trivedi..He is the founder of Land mafia ism at sambalpur.The BJP office at the kacheri i.e in front of District Collector Office at Sambalpur

The BJP office kacheri Road is forcefully occupied..The House Girish Patel is staying too managed with force and powers. These people should be arrested..All their activities, properties, are to be inquired up on by high power vigilance department. He and his caucus are curse on sambalpur. Let Mr Advani knows what his party workers at lowest level are doing. These things must be highlighted.

When Advani announced that he proposed another cross-country yatra aimed at rejuvenating the party, many of his colleagues were caught by surprise. A section within the BJP sees it as an indication of Advani's determination to cling on to power by perpetuating factionalism within the BJP's Gen Next.

With Advani having a stopover at key places across the country, the party aims to showcase a united front with the public. Some of the high profile attendees include Arun Jaitley, Sushma Swaraj, Murli Manohar Joshi and Uma Bharati.
Treating these yatras as the continuation of a tradition that is "universal" as well as "deeply rooted" in Hindutva, Advani has used them as a tool for mobilizing mass support. While the Ram Rath Yatra of 1990 did lead to a resurgence in the BJP's support base, others evoked doubtful results.

If the 2009 Lok Sabha elections are any indication, Advani's Bharat Suraksha Yatra in 2007 aimed at exposing the government's failure to tackle terrorism and expose its policy of Muslim appeasement failed to make much difference. Nor did his Bharat Uday Yatra, which virtually amounted to a campaign for the 2004 Lok Sabha elections.

BJP leader LK Advani's Jan Chetna Yatra against corruption entered day 13 on Sunday. He will addressing five public meetings across Orissa over the next three days.
He had been accompanied by Ravi Shankar, Santosh Gangwa and Chandan Mitra. He gave talks on corruption, black money in Swiss Bank, nepotism, bribery and all related topics again and again, blabber the same thing again and again.

If there is will to stop corruption it can be stopped," Advani told the gathering, adding only three governments led by Lal Bahadur Shastri, Morarji Desai and Atal Behari Vajpayee were the ones which were "scam-free".
It is also being assured by MR L.K.ADVANI that if their party will come to power the Jan Lokpal Bill will be passed. Its like a pot calling the kettle black.

The other stark reality is Advani's race to the Prime Minister post. Though Advani has denied that he was in the race, he had stated that it was up to the party to decide on the same at an appropriate time.

In my opinion it is a political gimmick to keep people in illusion and allure them towards the NDA or BJP. In this party where there is no internal democracy and people from these party are not free from corruptions and scandals to what extent the BJP will give an excellent and solid governance.

Now Politics has become a profession and not people’s proper representation. This Jan Chetna Yatra or voyage of Mr Advani is like kicking against the pricks and carries no meaning at all.

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF,
THESE DAYS, TASVER E HIND,
ORISSA, SAMBALPUR

October 22, 2011

Team Anna losing focus

Team Anna out of focus 23/10/2011

IN INDIA politics is the only branch that dominates all major sectors of the country. Since its origin and development it has emerged in all spheres of life. Even the smallest of the movement has the hand of a political party. The one who provokes the movement gets public support. The political party gets the votes out of it. If you really want to help masses and fight for any noble cause on your own, this aspect of our democracy needs to be taken into consideration.

TEAM Anna anti-corruption movement suffered a blow as two members of its core group quit citing the reasons that their movement is indulging in politics, and is now functioning in undemocratic ways. There are some rumors of strong differences within the organization. It seems Anna is losing his fan base as another team member Arvind Kejriwal faced a shoe attack during a public meeting in Lucknow. Anna, himself has opted for Maun Vrat on health grounds; his activist team members are now more ambitious in self interest and media attention than rational and autonomous viewpoints on anti-corruption, which is their main agenda.

It is mockery that Team Anna is involved in political movements and their original schedule is losing it stand In my opinion social activists should keep a distance from country politics. I wish Team Anna should put all the eggs in one basket and focus on the crux of the issue which they have raised earlier. Their locus standi is not clear.

We can't forget how Baba Ramdev got into a mud puddle with political critics against him when he criticized the Congress government. It ended up in investigations against him. The latest Anna Hazare movement against corruption that rocked the nation also could not stop itself from targeting the very roots of politics.
People who are supporting Anna and his team are now having differences relating to ways of functioning after Prasant Bhushan's recent remarks on Kashmir plebiscite. The problem for Anna's movement started with the Hisar byelection where Team Anna decided to intervene in the elections and left the supporters confused.

Another Team Anna member Justice Hedge disapproved the idea of the team campaigning against the Congress party. It is clear now that Team Anna claiming credit for the preset Hisar result was an act of opportunism applies to Indian politics. The parting of two members from core group will hardly affect the movement but a campaign against an unhelpful power in an election is naturally a weapon and entirely democratic - as the weapon of hunger strike cannot be used often or insignificantly employed.

Team Anna shocked the nation when congress leader Digvijay Singh produced the letters, which revealed a link among RSS and the movement of Anna. Contradictions have uprooted the movement from the very beginning. Kiran Bedi is a so-called Sangh Parivar’s ideal female who takes inspiration from senior BJP leader LK Advani. Arvind Kejriwal on the other hand is very political in his thoughts and defends Naxalites. Prashant Bhushan made regular visits to Kashmir when he was not in limelight to understand all about Hurriyat. People who blindly supported them quite possible they were unaware about the darker side.

When the movement was at its height many leading journals and electronic medias had quoted Kejriwal saying that, “Team Anna has never been into the politics but we are not in any party”. The unfolded layers of history reveal everything about the past. Whenever issues like corruption have emerged the masses have always ignored those arguing inside the movement, which is hidden from the naked eye.

Anna Hazare, the nation’s latest face against corruption, is being viewed by a section as merely a 'weapon or medium' used by Arvind Kejriwal, Kiran Bedi and the father-son duo of Prashant Bhushan and Shanti Bhushan.

Using election crusade as a weapon is not going to make any difference. It only shows that Team Anna is not adding value to their movement through these exercise rather they are kicking against the pricks. One cannot forget how Baba Ramdev got into muddy water i.e. the devil and the deep blue sea, with political critics against him when he lambasted the Congress government blatantly. Now he is into crisis and investigations. Again the Hazare movement that rocked the entire world also could not stop itself from targeting the very roots of democracy.

It is only causing conundrum in the minds of caste based-politics supporters, which is a key trick of winning any election. The movement is now burdened with allegations of selfish motives and is leaving a negative impression on Anna’s fans. If Team Anna wants continuous support from the general public they must stay away from politics to ensure that its courageous effort to start the movement is exceptional spirit.

Are masses making fools out of them by supporting all such causes? Team Anna’s mode of operation is yet to be understood. If we learn from history, especially the common man, then it would be easy to make a smart decision rather than going with the flow. Never share your nobility with any harmful components and betray citizens. If someone raises voices against the government or any other social causes the political parties will raise their set of CBI investigations.

All the movements, no matter however big or small, have always seen a political twist! Is there any movement that has not got a political hand behind or any political party?

SIDDHARTHA SHANKAR MISHRA,
BUREAU CHIEF,
TASVER E HIND , THESE DAYS,
ORISSA , SAMBALPUR