New Delhi rulers - frustrating administration of justice

By Hassan Zainagiree

Srinagar, June 11: It's always guilty that must be punished, no matter who he is, what institution he belongs to. What matters is the nature of crime and the spirit of justice which must be the only standard to judge the merit of the case, comments -Aggressors like Halakoo and Changaiz did what history recorded them for. Genocides, macabre death dances, imperialistic arrogance and killing sprees. They hungered for blood and blood they had in full.

They played hosts for the owls to celebrate doomsday. They loved and enjoyed the “music” of innocent hapless yelling in pain, frying in agony. Unlike present day “civilized democrats”, champions of human rights and “secularists”, these “savage tormentors” however, did not wear gloves to hide their murdering hands, nor put on masks to conceal their identity. They raised the minarets of skulls in broad day light. They created tsunami of death and destruction quite openly. To let no one harbor any misunderstanding or misconception about their intentions. In the guise of saviors they didn't masquerade as brutal killers. Summary executions they would take at the wink of an eye. But would be ashamed of carrying out enforced disappearances, take encounters and custodial killings. Merciless tyrants they undoubtedly were. But duplicitous and cunning they certainly were not.

What the “civilized” world is doing today under various garbs and after taking “solemn pledges” of “respecting human dignity” and showing commitment to International Laws and numerous Geneva Conventions, makes it absolutely clear that medieval period ruthless warriors and despotic    monarchs had at least one moral edge over present day “democratic” rulers. In their not being guilty conscience they had not to hide their criminal profile under various “legal” nuances, nor fudge the records and resort to unmarked graves.

If by some miracle the Halakus and Changaizes were to arise from their graves, they would file in defamation suits against their “siblings” in death and destruction for unjustifiably maligning and accusing them for what they “excelled” in perfection themselves.

In a modern state if institutions of justice are deprived of serving the basic purpose of providing justice to the victim and their “constitutional powers” of prosecuting proceedings against perpetrators of heinous crimes, the state is, of its own, blurring the distinction between detestable regime it denounces and the democratic state it takes pride of giving it to its people. In this backdrop, invoking Armed Forces Special Power Act to halt administration of justice has all but exposed Indian state in its tall claims that every one is accountable before the law of land. On April 24 was stayed the trial of involving murdering civilians in fake gunfights by police and army. The ruling came after the counsel for union of India pleaded that army personnel named in case could not be prosecuted as the sanction has not been given by the government of India which is an essential requirement under the section 7 of the AFSPA. Earlier Supreme Court of India stayed proceedings in an identical case (Pathribal case) in which five civilians were murdered and then passed off as foreign militants responsible for massacre of 35 Sikhs in Chittisingpora. Forensic tests revealed they were civilians. It is to be noted that the chief judicial magistrate in Srinagar has asked the army to either stand trial in a criminal court or in an army court. But the army refused to exercise the option and stated it enjoys impunity under AFSPA. 

The fake encounter came to force last year. Eleven persons, including five army personnel, are accused of murdering of innocent people for promotion and “gallantry” award. The guilty police officers have already been arrested and are facing the trial. Justice demanded both troops and police personnel involved in the same crime and who are accomplice of each other should be punished and no discrimination shown. How can a killer in olive green be exonerated while the one in khaki be prosecuted? This is close to apartheid and smacks of neo-colonial approach. A sweeping generalization Delhi insists observers must avoid from making. “Individual aberrations”, it argues in defense.

Prosecuting erring soldiers doesn't mean prosecuting or maligning army as an institution. Only a “miniscule” from 'individual aberration', it means, have to account for their grave crimes they perpetrated against unarmed civilians. It is only when state shields such “action addicts”, under one pretext or other, that, infact, tars black the entire face of Indian army and drills holes in its claim that it is a “disciplinary” force. This attitude of authorities emboldens men in uniform to indulge in more excesses and atrocities. Even those immune to such “heroic” adventures loose the veneer of tolerance and get going. A message flows down the rank and file: We are above the law. State is behind us for every thing we will do. Thus it is state that gives them a license to kill and main, rape and destroy. On one hand Delhi repeatedly talks of “zero-tolerance” on human rights, on the other, it invokes the draconian law to ensure infringement.

The AFSPA requires pre-sanction of Delhi for prosecuting guilty soldiers, which usually is not given as Delhi's rigidness shows. More than 300 cases of gross human rights abuses against Indian forces like army and para-military troops could not be tried because Indian Home Ministry has not granted sanction. This is how authorities in Delhi are bent on frustrating administration of justice.

AFSPA and democracy are irreconcilable and can't be stuffed in one scabbard. Amnesty International too states that the black law encourages and abets abuse of human rights by men in uniform. Why authorities in Delhi allow a handful of soldiers to tarnish the image of the organization and the country they belong to, one fails to understand.For its own sake it is time Delhi repeal the law that has dented its credibility as a democratic state. 

(The edited version of the article written by Kashmiri writer Hassan Zainagiree)

Anna Hazare & Co. prove DV right on “Khatri Sick” PM : money corruption killing India

After our last Editorial of April 1 ,2011 (“DV  proves right on Khatri Sick PM: (Without his  blessing how  so many robbers can thrive?”) and during the course of our shifting from Bangalore to Mangalore, there was a countrywide furore  an the  stinking corruption  directly  pinning down the PM himself. The flood of criticism  was  not against private sector corruption but against the burgeoning  corruption right under the nose of the “Khatri Sick” PM .  Never before the  corruption of  politicians directly working under the PM and the bureaucracy was washed so openly. The corruption   scandals  under the PM  received international attention  following the hunger strike by a Gandhian.

Wikileak expose : What is more interesting is the comment of Julian Assange  heading the Wikileak .  He held the PM fully responsible for all the corruption and the PM’s silence on that. He blasted the PM saying: 

“It means he (PM) has a habit  of  reactively covering up allegations of corruption.”

PM called liar:  The PM shielded all the corrupt  fellows and encouraged the man-eaters  to devour anybody and everybody’. Not only  that.

Why he is closing his eyes?  What makes him close his eyes on all cases of highway robbery?  Man-eaters ? This is “intellectual   corruption” which is the most dangerous form of corruption.

The world famous Economist, which is very much pro-capitalist and pro-American  like the PM, called him a liar (Economist, March 26, 2011 p.33) and a dismally weak leader.

Anna  Hazare and company stripped the PM naked.

Nothing may come out of Anna Hazare’s  “fast” and the  subsequent  Lokpal Bill which is a product of the ruling  upper castes (15%)  who are the very promoters and perpetrators of   money corruption.

DV proves right: That is different.  Our point  is DV has proved right in directly indicting the PM  and holding him responsible for all the scams under his leadership as PM.

 Our views on corruption  are well known to all DV family members. In our book, India’s Intellectual  Desert (DSA-1999,Rs.50) . We have listed four varieties of corruption:-

1. Intellectual corruption.
2. Caste corruption
3. Moral corruption
4. Money corruption.

Of the four, we have given the last place to “money corruption” which is the sole target of Anna Hazare and company who also belongs to the ruling class.

Oppressed majority forgotten: Over 85% of India’s population, comprising SC/ST/BCs and Muslim/Christian/Sikhs plus women of all categories including upper castes, are the principal victims of the first two categories of corruption. Of course they are also victims of money corruption which cannot be eradicated without destroying the other three categories.

But neither  the Anna Hazare & co. anti-corruption  crusaders  nor their target, the “Khatri Sick” PM and his cronies, are interested in the first two varieties. That concerns the country’s oppressed majority (85%) who are forgotten by both the parties. That only proves the Hazare & Co. are not serious about the country’s basic maladies – except cheap publicity.

Parliament is supreme:   The problem with Hazare  and his tiny urban–based cronies    is they think the politicians  alone are corrupt. Fine. Yes. That is true.  But the MLAs and MPs are elected representatives of the   people as per the  Indian constitution,   according to which Parliament is  supreme. Whether we like it or not, we have to abide by the constitutional  principle .

That means our MPs  and  MLAs  cannot be  overlooked. Our urban elites may hate the politicians who are a negligible minority. But urban elites we noted  only for making nioise, criticizing everybody else but not caring for the public good. Left to themselves, they are all   for bypassing   the   constitution   and entrusting   the  government to the corrupt  corporates.

A second hunger –strike: That means the urban upper castes elites, who are  the backbone of Anna Hazare,  are taking a stand against the  constitution  which the country weaker sections – SC/ ST/ BC’s (65%) and Muslim / Christian/ Sikh (20%) will not agree.

In democracy, it is the people who rule through their representatives. The Indian Parliament will not accept the Hazare formula. He may have to come again to Jantar Mantar to start the fast again (and perhaps die?)

Be that as it may, the Anna Hazare & co. should be thanked at least for exposing the “Khatri Sick” PM’s role in the current money corruption poison killing the country. Their campaign received front-page publicity in India’s corrupt media and helped the outside world to know how “Hindu India” is stinking and degenerating.

This is what we have been writing and saying all these years. We are supremely happy that we have again and again proved right.  Meanwhile   the scurrilous smear campaign at the “top”   between different forces show how rotten is   India’ “top” which proves our point that corruption begins at the top. 

More details: http://www.dalitvoice.org/Templates/june2011/editorial.htm

Terrorism will not end with Osama killing

MANGALORE: Osama Bin Laden  (54)  was killed by the American force in Pakistan on May 1,2011. The Western world and its admirers  danced   with joy.

We condemn all   terrorism. But at the same time we must also note that it is a reaction to an action.  Did they not say “Hindu terrorism” come as a reaction  to “Islamic terrorism” in India?. A major portion   of the world  any way had a different reaction.

China, the no.2 world power, had a different opinion.
In DV, we were the first to disclose   a  different version of the 9/11.  Many leading Western writers  have expressed that the 9/11 was  master-minded  by the   Mossad.  Many books have come out on the subject.

Since the West has the most powerful media it can sell   any product. That is how a major portion of the world had a different opinion on Osama killing.

However, this much can be said that terrorism will not end with Osama.
DV REFERENCE TO OSAMA BIN LADEN
DV FEb.1, 2007 p.20: “Osama did not attack WTC”.
DV Edit Oct.16, 2004: “War on terror turns into wholesale war on Muslims & converts Osama into darling of oppressed”.
DV Sept.1, 2002 p.9: “DV proves right on Osama”.
DV Oct.16, 1999 p.4: “Islamic terrorism & bin Laden”.
More details: http://www.dalitvoice.org

Iran’s missile systems are for the defense of Muslim nations: Majlis Speaker

JAKARTA - Iran will use its domestically manufactured missile systems to defend itself and other Muslim nations if they are threatened, Majlis Speaker Ali Larijani has said, reports Tehran Times.

“We do not hide our defensive advancement and (we) have designed advanced missile systems… Israel and the U.S. should know that if they want to act violently toward Muslims, we will stand in their way,” Larijani told students at Syarif Hidayatullah State Islamic University in Jakarta on Thursday.

According to the school of the late Imam Khomeini, the Founder of the Islamic Republic, Muslims should possess enough defensive strength to use against other countries in case they attack, he noted.

Commenting on the popular uprisings in Middle Eastern and North African nations, he said the people of these countries can no longer tolerate their dictatorial governments, which are subservient to the West.

The United States and other Western countries cannot manipulate these uprisings, he said, adding that they should know that the more they pressure these regional nations, the more determined their people will become, he opined.

Iran, Indonesia issue joint statement
Iran and Indonesia have issued a joint statement calling on every country to respect every other country’s rights and to avoid interfering in other countries’ internal affairs.

The statement was issued during a meeting between Larijani and Indonesian Parliament Speaker Marzuki Alie in Jakarta on Thursday.

The statement also condemned all interference, including military intervention, in other countries.

The two parliament speakers underscored the importance of respecting the legitimate right of the people of the Middle East and North Africa to determine their political destiny.

Larijani and Alie also expressed their support for an agreement between the Palestinian factions Hamas and Fatah to form an interim unity government.

They also called on all countries to recognize Palestine as an independent state. In addition, part of the statement reads that the Iranian and Indonesian parliament speakers believe that cooperation on economic, trade, energy, tourism, and infrastructure projects can be increased through the expansion of interactions between the two countries’ parliaments.