Brother killed India ex-minister

The brother of a senior leader of India’s main opposition Bharatiya Janata Party has been found guilty of killing him last year.

A court in the western city of Mumbai said Praveen Mahajan had shot and killed his brother Pramod Mahajan, a former federal minister.

Mr Mahajan is likely to be sentenced on Tuesday, reports say.

Pramod Mahajan died 12 days after being shot at his home in Mumbai in April last year.

Reports say his brother fired three shots at him from a licensed revolver from close range because of a family dispute.

Technocrat

After initially confessing to murdering his brother, Mr Mahajan later denied it in the courts.

Pramod Mahajan, 56, was one of the most recognised political figures in India.

Although he lacked a political base, he was an influential figure in the BJP where he was part of the party’s Generation Next – a group of savvy and relatively younger “technocrat” leaders.

A former telecommunications minister, he is credited with bringing about a revolution in the industry.

Judge SP Davre told a crowded courtroom that eye witness accounts from the dead man’s wife – who heard her husband ask “what did I do, that I was killed by my brother?” – as he was rushed to hospital could be accepted as evidence.

Correspondents say that Praveen Mahajan is likely to receive a life sentence or the death penalty on Tuesday – even though such sentences are rarely carried out in India.

The prosecution said that after murdering Pramod, Praveen then went to the nearest police station and allegedly confessed to his crime. He has been in custody since then.

Story from BBC NEWS:

Published: 2007/12/17 12:44:26 GMT

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Lessons on How to demolish a Mosque for HINDRAF dummies

babrisaffron.jpgIANS Reports from Delhi:

“A delegation of Hindu Rights Action Force (Hindraf), a rights group from Malaysia met leaders of the Bharatiya Janata Party (BJP) Thursday for support against the plight of ethnic Indians in that country. Moorthy informed the BJP leaders, that about 10,000 Hindu temples have been systematically demolished in Malaysia since its independence 50 years ago”

Mr. Waytha Moorthy met his God Father in India, Lal Krishna Advani, the extremist demon of Hindutva Politics and leader of BJP. These idiots don’t have any respect to the concept of “Rule of Law”. LK Advani is India’s former Home Minister, who rolled out a nation wide tour to demolish 800 year old Babri Masjid which later caused plenty of communal riots and national mayhem. To Indian historians the event is equal to 9/11. Now, HINDRAF need such a satan to protect Hindu Temples in Malaysia!

See utube.png Video of Babri Masjid Demolition by Saffron gang.

Do they sign a technology transfer deal on” How to Demolish a Mosque?”. If it is done, Malaysia’s world famous Shah Alam Mosque can be another Babri Masjid. Or it can be a disputed site like Taj Mahal in future by Hindutva historians.

Advani personally oversaw Babri Masjid demolition on 6 December 1992.

Gauri Advani, his daughter-in-law, has said in a statement to the Liberhan Commission that her father-in-law conspired with Bharatiya Janata Party (BJP) leader Vinay Katiyar, the then leader of the militant youth outfit, Bajrang Dal, to demolish the Babri Masjid. ‘Iska kaam kar do…. Kya, Babri Masjid ka kalank nahin mit sakta?’ [Finish this off.. Is the blot of the Babri Mosque unremovable?’], Read her report to the commission

The Liberhan Commission, probing the circumstances leading to demolition of Babri Masjid, was recently granted its 42nd extension which will end by December 31. It is the way India’s legal system offer justice to minority Muslims. That 15-year old Commission has already cost the state exchequer about Rs 7.20 crore! This is what we call Republic of India. Period.

I would say, Malaysian police is right in its argument about HINDRAF’s association with global terrorism. I don’t think LTTE is that much bad comparing to RSS of India, the Indian partner of HINDRAF. An American research centre has placed India’s ultra-nationalist Rashtriya Swayamsewak Sangh (RSS) on its terrorist list. The East Virginia-based Terrorism Research Center (TRC) is closely connected to the American government and many of its directors and researchers have closely worked with US administrations and have taken part in research and planning for the US administration. In the list of in India, the TRC has placed RSS under no. 21. Here is the link as it appeared on 9 September 2004 on the group’s website under the caption “Known Terrorist Groups Operating in India“.

Considering national security of India, RSS was banned thrice: 1948 (ploting to kill Mahatma Gandhi) , 1975 (national emergency), 1992 (Babri Masjid demolition). The bans were later lifted by judicial manipulation, but various governmental policing branches tagged them along with Islamic militants and still under close surveillance. There are still active campaigns by Indian diaspora to ban this extremist Hindu group around the world.

RSS office in Jandewalan Street of Delhi is the epic centre of hindu extremism in India and the globe. The traces of their criminal saga didn’t end up with crime of the millennium, the killing of Mahathma Gandhi. Watch utube.pngVideo on Gandhi Killing.

Read the full story from IANS here

If you want to read more about LK Advani’s role on Babri Masjid demolition, listen to this lawyer, Anupam Gupta

Indira Gandhi International Airport listed among world’s worst

October 2007,
Hate flying? You’re not alone. But often, it’s not the crowded, overly air-conditioned airplanes themselves that are the problem: Just getting on and off the plane is the real nightmare. For this week’s List, FP looks at five airports around the world that make traveling hell.

Indira Gandhi International Airport

Firsthand account: “Of all the regional capital airports this one takes the cake … a piece of crap … bring the bug spray.” —Anonymous commenter, The Budget Traveller’s Guide to Sleeping in Airports, Dec 11, 2005

Why it’s so bad: Because it’s sheer chaos. The IT boomtowns of Hyderabad and Bangalore have built shiny new airports in recent years, but old standbys like New Delhi’s Indira Gandhi International Airport have failed to benefit from India’s economic expansion. Visitors report aggressive panhandlers, filthy bathrooms where attendants charge for toilet paper, and used syringes on the terminal floor. The main terminal building was even closed to visitors for a few months in 1999 after a flight from Nepal was hijacked. Things have hopefully gotten a little safer since an Australian tourist was murdered by a taxi driver leaving IGIA in 2004, prompting the Indian government to form a special tourist police force. But there’s still a danger of things going slightly awry: In 2005, an act of sabotage in an ongoing feud between cable television providers led to a pornographic film appearing on the airport’s television monitors. Let’s just hope it provided a much-needed respite from CNN International.

Foreign Policy.COM

Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%

Counter View: A Few Myths, Fewer Facts about Muslims

When Zakir Hussain was sentenced to death by hanging for his part in planting the bombs during the “Bombay Blasts” of 1993, he shouted, “If a Hindu does something, a commission is set up. But if a Muslim does something, he is hanged.” This was in reference to the destruction of the Babri Masjid and the riots that had followed in December 1992 and January 1993.

The Srikrishna Commission, constituted to determine the causes of the riots in which approximately 900 people, predominantly Muslim, were killed, had stated that, “One common link between the riots of December 1992 and January 1993 and bomb blasts of 12th March 1993 appear to be that the former appear to have been a causative factor for the latter. There does appear to be a cause and effect relationship between the two riots and the serial bomb blasts.”

The recommendations of the Commission have never been brought into force. This has led to a number of people speculating whether justice is done to Muslims in India, whether they are being punished disproportionately, that, “Soon India’s jails will be choc-a-block with Muslims.”

Indian Muslims in Jail

In such cases it is possibly best to check the facts. The prison statistics from the National Crimes Record Bureau indicate that the percentage of Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%.

This is higher than the percentage of Muslims living in India, at 13.4% or thereabouts. It would be tempting to shout, “Aha! Proof of bias!” but a rigorous analysis would lead to a more nuanced view because of the geographic distribution of both prison population and Muslims. Over half of Indian Muslims live in the four states of Uttar Pradesh, Bihar, West Bengal and Assam, which account for 21% of convicted prisoners and 42% of undertrials in Indian jails. In effect Indian Muslims live in geographic areas where more people are sent to jail, either as convicts or as undertrials.

A far more fascinating result is that the percentage of Muslims who are undertrials is slightly less than that of those convicted. In other words proportionately more Muslims are adjudged “innocent” than Hindus (whose undertrial to convict ratio is: 69.6% to 70.7% and even Christians (whose undertrial to convict ratio is 3.8% to 4.2%).

Indian Muslims and Crime

The question of bias could also be turned on its head, and it could be said that high proportionately of Muslims means more crime. The data does not support such a conclusion.

The two states where such high population of people are in jail, Uttar Pradesh and Bihar, have a Muslim population of 18.5% and 16.5% respectively and contribute 6.7% and 5.4% of All-India crimes . West Bengal and Assam, in which the percentage of Muslims is at 25.2% and 30.9%, contribute only 3.6% and 2.3% of all-India crimes.

Madhya Pradesh, Maharashtra, Andhra Pradesh and Tamil Nadu all produce more than 8.5% of India’s crimes individually, making them the most crime-prone states in the country. In all of these high crime states Indian Muslims make up, at the most, 10.6% of the population, less than the Indian average.

The one state where Muslims constitute a majority of the population, at 67% in Jammu & Kashmir, which has been wracked by militancy and violence, contributes to only 1.1% of Indian crime, about the same as its population compared to all-India figures.

Indian Muslims as Citizens or as Muslims

Despite these statistics it would be idle to say that Indian Muslims do not, from time to time, face problems, as do most people that constitute a marginalised group in society. The recent Sachar Committee report by the Government of India cites very low levels of socio-economic indicators for Indian Muslims.

As a child I lived in the Oil & Natural Commission compound in Ahmedabad, Gujarat. It is a city that has faced many riots and we were the only Muslims in the compound. During times of tension when my father was working offshore on the oilrig, our manservant, Jumraati would assure my mother, “They’ll have to get through me first, behni”.

A decade or so later, my great-uncle, Major-General Afsir Karim, was asked to deploy troops in the same city to help the civilian administration keep the peace. In 2000, when he was with the National Security Advisory Board, he was questioned by a woman during a televised talk show about minorities. He interrupted her to say, “Ma’am, I am a citizen of India, and so are you. What minorities are you talking about?”

His response to state failure is strikingly different to that of the recently convicted Zakir Hussain. Whereas one tried to make sure that such failure did not recur, the other became a pawn used to kill innocents in a supposed act of “vengeance”. For me, between the words of a man of somebody who has put his life on the line many times in the defence of innocent civilians and those of somebody convicted of murdering them, there can only be one choice.

(Omair Ahmad works on issues of Security, Law & Strategic Affairs for PRS Legislative Research, an autonomous institute that provides research support for Indian Parliamentarians. He has previously worked for the British High Commission, New Delhi, and the Voice of America, Washington DC. His novel, “Encounters” on the radicalisation of two young men during the curfew days of the 90s was published in 2007.)

Omair Ahmad / IBNLive Specials; Thursday, August 16, 2007 www.ibnlive.com

India approves 2.5 billion deal with Israeli Defence

New Delhi – India has started a 2.5-billion-dollar (Rs10,000 crore)  joint venture with Israel to develop an advanced range surface-to-air missile capable of detecting and destroying hostile aircraft, missiles and spy planes, news reports said Friday. India now buys half of its arms from Israel, making it Israel’s biggest customer. It is thus funding the Israeli occupation in Palestine, because the Israeli economy rests on its defense industry, its main export, as well as the inflow of US tax dollars.

With more than a billion people, India is a country of striking contrasts. India accounts for 40 per cent of the world’s poor and its fiscal deficit is one of the highest in the world. Almost half of Indian women are still illiterate; about 40 million primary school-age children are not in school. 21 percent increase and India. Just one lakh people in India account for at least one tenth of the country’s GDP. In 2006, India had 1,00,015 people with a personal net worth in excess of at least $1 million (Rs 4.1 crore) each, according to the World Wealth Report. Last year, the number of Indians getting richer grew at 20.5%.

According to the Israel National Insurance Institute findings, one of every four Israelis lives below the poverty line — that’s 1.6 million people. Thirty-five percent of children are living in poverty, leaving Israel with this unhappy distinction. The number of Israeli millionaires per capita is twice the world average, according to the 2005 World Wealth Report.  The rate of increase in the number of millionaires in Israel is 50 higher than global rates, says Merrill Lynch report (2006).

During BJP rule, the pro- zionist Hindutva intelligentia took the controle of political corridors of power in the Prime Minister’s office, the Defence Ministry and the Home ministry, in New Delhi. It is being alleged that the presence of this arms trading network were traced in many armed conflicts across India. This influential network also established various research institutions across India to hype security risks and thus to promote weapon trade. The money coming from the bribes and the kick backs have been channelised to the welfare of Sangh Parivar empire.  The military agreements, collaboration on nuclear and missile defense, and sharing of intelligence with Israel has continued even with the communist supported new United Progressive Alliance (UPA) government.

India’s Cabinet Committee on Security chaired by Prime Minister Manmohan Singh on Thursday approved the project between the Defence Research and Development Organization and Israel Aerospace Industries for developing the missile system which would have a range of about 70 kilometres, the Times of India daily reported. The CCS’s meeting was attended by defence minister AK Antony, external affairs minister, Pranab Mukherjee, finance minister, P Chidambaram and home minister, Shivraj Patil. The venture would work towards developing an air defence system for the Indian Air Force to replace its ageing Soviet-era Pechoura missile system. India, which has traditional ties with the Non Aligned Movement (NAM) and has supported the Palestinian cause for decades, established diplomatic relations with Israel in 1992. Defense ties between the two countries have also boomed due to the ideological bondage between India’s Hindutva Fascism and  Israel’s Zionism.

Business Week reported in 2005 that India became Israel’s largest importer of weapons the previous year, accounting for about half of the $3.6 billion worth of weapons exported by that country. Not coincidentally, that year also proved to be the second best recorded year for the Israeli weapons industry, making Israel the 5th largest weapons exporter in the world and accounting for about 10 percent of the world’s weapons trade.

Poverty rates in Israel reached a new peak in 2005, although they leveled off in 2006, according to statistics by the National Insurance Institute. It ranks among Western countries with the greatest percentage of poor children, according to the insurance institute.

Some 7,400 Israelis are worth at least $1 million, the World Wealth Report said, including 84 who have at least $30 million. The total liquid assets of Israel’s upper echelon grew by 25 percent, to $30 billion, between 2004 and 2005, according to the report. Those designated by the report as the nine richest Israelis made their fortunes in everything from diamonds to real estate to communications to entertainment.

But, India and Israel have found a shared enemy to target in their respective “anti-terrorism” operations, conflating Kashmir and Pakistan with Palestine, and also common agreement on a framework that has gained global currency with Bush’s “war on terrorism,” resulting in the new “India-Israel-US axis.” US based Indian scholar, Vijay Prashad says Mossad and India’s Research Analysis Wing (RAW) shared information and analysis from the late 1970s onwards.

The door to Washington, many have realized, is through Tel Aviv. And in the U.S., according to some, the door to Capitol Hill is through AIPAC, the pro-Israel lobbying group that shuts down all criticism of Israel as “anti-Semitic.” Hindu right-wing groups, such as the Indian American Political Action Committee (USINAPAC) and the Hindu American Foundation (linked to the VHP) have forged alliances with AIPAC and the American Jewish Committee. The missile deal has been hanging fire for at least a year, but its approval just before India’s national security adviser M.K. Narayanan’s trip to Washington is a signal to the powerful Jewish lobby in the US, whose support will be vital in seeing through the 123 Agreement in the US Congress. Reports says that US may get  another lucrative order from the Indian Air Force for 126 multi-role combat aircraft, the biggest military aviation deal in history.

The Israeli help comes after repeated delays in the indigenous Akash missile project that is still to undergo user trials, the Indian Express newspaper reported.

Meanwhile, sources told the IANS news agency that 18 command and launch systems would be built for the new missile system. The new missile is likely to be an advanced version of the Israeli Spyder quick-reaction missile which has an effective range of 55 kilometres.

India and Israel are already in a 14-billion-rupee project to develop an extended-range version of the Barak missile that is deployed on frontline Indian Navy warships. The next-generation Barak will have a 70-kilometre range against the 10-kilometre radius of the existing missile.

India and Israel have increased cooperation in varied fields particularly in military and intelligence ventures since the establishment of diplomatic relations in 1992.

According government estimates, Israel has become India’s second biggest defence supplier after Russia, providing military equipment worth 1.6 billion dollars in 2006.

India has already acquired the Green Pine early-warning radar from Israel.

Other joint-venture projects are underway for spy planes, electronic warfare systems and AWACS (airborne warning and control systems), while Israel is helping India with the modernization of its Soviet-era fighter jets and tanks.

Recent Major Indian deals with Israel

Feb 2007

In Delhi, the Ashkenazi chief rabbi met top Hindu leaders including leaders of the RSS and BJP in what was termed as “Jewish-Hindu summit.” It led to a 9-point “Declaration of Mutual Understanding and Cooperation from the First Jewish-Hindu Leadership Summit”. The declaration was signed from the Hindu side by Swami Dayanand Saraswati, head of Dharma Acharya Sabha, who is close to the RSS. The tainted Kanchi Shankaracharya Swami Jayendra Saraswati too was involved with the Hindu side represented by some thirty prominent Hindu leaders. Israeli Ambassador David Danieli was also present during the dinner at Advani’s official residence while the (Jewish) Indian officer, Lt. Gen. (retd) JFR Jacob, was part of the Jewish delegation.  “Since Jews were a powerful community in the US, their association with Hindus would help to strengthen Indo-US relations.”  said, another key organizer, Mr. Bawa Jain.

Israel recently transferred five million shekels (5.5 Crores of Indian Rupees) to the Israel Anti-Drug Abuse Foundation (IADAF) operations in Goa. The  organization’s hostel in Goa which treats hundreds of Israelis who suffer from symptoms of drug abuse while traveling in the Indian sub-continent each year. Young Israelis after having to serve 3 years in the Army feel they need to explore the world and get away from all the problems of Israel. Every year, many Israeli young people enjoy their  freedom by visiting Indian beaches of Goa and Kerala and indulge in drug usage .

June 2007

Israeli deputy chief of general staff Major General Moshe Kaplinsky visited J&K from June 14 to discuss various issues with army officers in the state. He met Lt Gen Tej Sapru, general officer commanding of 16 corps and other senior officers in the state to discuss issues of mutual interest. Israel, ranks fifth globally in security-related exports and the role of its spy agency, MOSSAD is being  alleged in  many armed conflicts around the world.

Muslim Intellectual Forum (MIF), a Mumbai based platform of intellectuals, thinkers and human rights activists has linked the  release of Al-Qaida related CDs with the visit of Israeli military and intelligence delegation to India. In a statement Feroze H. Mithiborwala, Convenor of MIF, said, “The latest addition of the Al- Qaida Hind tapes appeared on the same day that an Israeli military and intelligence delegation was to visit India and advice the government on counter-terror measures in Jammu and Kashmir.” He added that it has been the observation MIF that the Al-Qaida tapes come at the most opportune times for US president George Bush and Israel.

“In our estimation, Al-Qaida is nothing but a front organization of the CIA and MOSSAD. The US-Zionist empire has stated that their war against terror will be fought endlessly and across borders and for that they have created a phantom organization, the Al-Qaida. Interestingly, the growth of US-Israeli Imperialism is directly proportional to the growth of terrorism and inversely proportional to the growing resistance,” Feroze said.

The 7/11 Mumbai terror attack occurred on the same day that Israel launched its war on Lebanon. The terror attack on the Sankatmoc-han Mandir on March 7, 2006, occurred a few days after the greatest Indian upsurge after the Quit India movement, against the visit of Bush. Even the terror attack on the Indian Parliament has never been investigated, he said.  The Convenor of MIF viewed that in India basically terror attacks have replaced communal riots as a strategy of the state to divide, confuse and terrorise the people. No terrorist attack requires a commission of enquiry, only pin the blame on some Muslim sounding organization.

In  Jun, 2007, The State Bank of India (SBI) has become the first foreign bank to open a branch in the Israel’s diamond exchange.  The Central Bank of India owns 59.7% of it.

In July 2007, India’s Directorate of Revenue Intelligence (DRI) found many ‘blood diamonds’ are being smuggled in to Surat, the country’s polishing center.The rough diamonds from “Antwerp, London and Israel  are brought on fishing boats through the shallow waters of Gujarat’s west coast, they said. Blood or Conflict diamonds originate primarily from war zones where they are illegally mined and later sold secretly. The perpetrators use the profits to buy arms, fund civil wars and military coups against legitimate governments there.

Surat’s gems and jewellery industry, which comprises of more than 6,000 small and big diamond cutting and polishing units, employs around seven lakh people. Being the largest processor and exporter of precious stones in the world, India, with a turnover of Rs 45,000 crore, has always been suspected of getting blood diamonds processed here, DRI officials say. And with nine out of every 11 diamonds in the world being cut in Surat, the city’s cutting and polishing industry is closely associate itself with hinutva mafia. Rough diamond activity in Israel was in high gear in June. Israel’s exports of rough diamonds skyrocketed, totaling $341 million, a 74.5 percent rise over the $195 million in rough diamonds in June 2006.

Critics of the diamond industry point to Botswana, the largest supplier of uncut diamonds in the world, where a fourth of the population lives on less than a dollar a day. A third of the people of are undernourished and the life expectancy is 36 years. Botswana has the second largest per capita AIDS rate on the planet, with nearly a quarter of the people infected. Similar conditions persist throughout the diamond-producing regions of the world.

Indian-Israeli trade – primarily in diamonds, machinery, chemicals, rubber and plastic – grew from $200 million in 1992 to $3 billion in 2006.

July 2007

Israel Desalination Enterprises Technologies (IDE) won two tenders to build three more desalination plants in Gujarat for $9.5 million. Earlier in 2002, IDE built a plant capable of producing 5,500 cu m in Gujarat province where it plans to build one of the plants. “Gujarat and Israel are divided by land but are united by water, in terms of its management and renewable resources’ Modi said. (Ahmedabad News Line, ExpressIndia.com, June 22, 2007)

Hindutva’s  “super patriotic” government in Gujarat also help Jews in Gujarat to migrate to their dream land. Loshana havah Yerusalim (Next year in Jerusalem) became the goal of this tiny population of little over 200 aspiring jews.

Indian drug manufacturer, Elder Pharmaceuticals Ltd said  it had entered into an exclusive in-licensing deal with Israel’s Enzymotec to sell the latter’s cholesterol reducing dietary supplement, CardiaBeat, in India.  Under the deal, Enzymotec will supply the bulk drug to Elder, which would make and sell the finished drug in India under the brand name of Lipicheck.

A study conducted by Elder pegs the size of the domestic cardio vascular drugs market at about Rs 4.5-5 billion, with an annual growth rate of 18-20 per cent, it said. CardiaBeat will be launched by September 2007 and is expected to generate revenue of nearly Rs 200 million by the end of the third year, the company said in a statement.

The technology giant, Cisco’s second biggest non-U.S. R&D facility is in Israel even though,  its Bangalore site is the largest in the world.

16 July 2007 

Indian rulers have traditionally been a corrupt lot

For the Love of Money, Hand in Graft

India should take lessons from some of its neighbours to put an end to corruption

Indians have always been hopelessly divided amongst themselves. Small states, enclaves, principalities and kingdoms dotted the landscape in the past. So much so that at the time of Independence, there existed more than 500 principalities spanning from Khyber to Kohima, and from Karakorum to Kanyakumari.

Nevertheless, one of the remarkably consistent features about India as a nation has been the failure of its rulers to protect the borders from adversaries. Virtually every aggressor, from Alexander the Great to the Mughal king, Babur, and later, the British, was able to conquer this nation with considerable ease.

There indeed appears to be something peculiar in the collective psyche of Indians. Indian rulers have traditionally been a corrupt lot. The vice was born out of their inherent love of money. Generations of Indians have been brought up with the belief that what matters most in life is wealth.

Things haven’t changed for the better, even six decades after Independence. How else can one explain the action of Babubhai Katara, a member of parliament, who chose to smuggle out people by issuing false passports in return of a hefty payment?

Unfortunately, the Indian ruling class has always hesitated to take punitive action against corrupt elements who are hell-bent on jeopardizing the security of the nation. One wonders whether there is any real need of ‘foreign hands’ such as the ISI, or militant outfits like Ulfa and the Maoists when Indians themselves appear to be committed to break the system from within! Perhaps India could lessons from one of its powerful neighbours, China, to take corrective action before it is too late.

It is true that even China is not free from the scourge of corruption. But the Chinese government has taken a hard stance to curb the malady. Thus, the Chinese president, Hu Jintao, has launched a high-profile campaign against institutional corruption in his country. The beauty of the Chinese story is that the government decided to act tough instead of making grand promises which are never fulfilled.

Zhang Enzhao, president of China Construction Bank, one of the leading State-owned commercial banks in Beijing, resigned in March last year over allegations that he had taken bribes from an American contractor. Among government officials arrested or sentenced for corruption in 2005-2006 were the deputy governor of Sichuan province, the deputy party secretary of the ruling communist party in Shanxi, the transportation bureau chiefs in Henan and the deputy mayor of Suzhou.

In Indonesia, perceived as one of world’s most corrupt nations, anti-corruption measures proved to be surprisingly effective. A newly constituted anti-corruption commission and the ad hoc courts put the governor of Aceh province behind bars for 10 years for his role in a multi-million-dollar bribery scandal.

It would be better for India to emulate the Chinese in order to rid the country of corruption. The strictest punishment should be meted out to those who compromise the nation’s polity, economy and security for money. Else, our founding fathers would continue to turn in their graves to find their successors making a mockery of their cherished ideals.

ABHIJIT BHATTACHARYYA, The Telegraph, June 07, 2007

77 % believes that Indian Judiciary is corrupt : Global Corruption Report

The reputation of India’s judiciary, considered overbearing and democratically unaccountable by many, has taken a knock with the publication of a report by Transparency International (TI) called the “Global Corruption Report 2007”.

The report, based on a 2005 countrywide survey of “public perceptions and experiences of corruption in the lower judiciary,” conducted by the Centre for Media Studies, finds that a very high 77 percent of respondents believe the Indian judiciary is corrupt.

It says that ‘’bribes seem to be solicited as the price of getting things done”. The estimated amount paid in bribes in a 12-month period it found was around 580 million dollars. ‘’Money was paid to the officials in the following proportions: 61 percent to lawyers; 29 percent to court officials; 5 percent to middlemen.”

“This is a wake-up call not just for India’s legal system, but for society and the state itself”, says Upendra Baxi, a highly regarded Indian jurist, former vice-chancellor of Delhi University, and professor at the University of Warwick in Britain. “It confirms what we have known for years and casts a shadow on the integrity of the judiciary. It also calls for urgent, drastic remedial measures.”

“The report only covers the lower or subordinate judiciary and excludes the judges of the High Courts (of Indian states) and the (national) Supreme Court. There are credible reports that corruption has permeated the higher judiciary too,” Baxi told IPS.

In January 2002, S.P. Bharucha, then India’s chief justice, said that 20 percent of the higher judiciary might be corrupt. In recent years, several upper court judges have been accused of “irregularities”, for instance, in the preferential allotment of valuable land by state governments, and other favours.

The report of the Berlin-based TI should greatly embarrass India’s judiciary, which always takes a sanctimonious stand on corruption. This past March, two judges of the Supreme Court said: “Everywhere, we have corruption. Everybody wants to loot this country. The only solution for this menace is to hang some people (like you) on the lamppost so that it acts as a deterrentà.”

However, no case of judicial corruption has ever been put on trial in India. Under the Indian system, it is virtually impossible to charge or impeach a judge.

“In India, impeachment is not feasible because it requires a huge (two-thirds) majority in Parliament,” argues Colin Gonsalves, a public interest lawyer with the Human Rights Law Network told IPS. “India’s parliamentary elections have produced hung verdicts for years. And it is virtually impossible to muster the numbers necessary for impeaching a judge. In 1993, V. Ramaswamy, a Supreme Court judge, was found culpable by a court committee. But he was politically well-connected and could not be impeached.”

This “freedom” from prosecution and impeachment further compounds the credibility crisis of the judiciary, in particular, the higher judiciary, which in India is a self-appointing entity not answerable to the legislature or executive.

The higher courts of India, shielded from public scrutiny, have increasingly turned conservative. They have recently handed down judgments which abridge or abolish labour rights, dilute environmental regulations, promote Big Business interests, and uncritically support globalisation and privatisation.

Judicial corruption in India is attributable to a number of factors, including “delays in the disposal of cases, shortage of judges and complex procedures, all of which are exacerbated by a preponderance of new laws”, according to TI.

Says the TI report: “As of February 2006, 33,635 cases were pending in the Supreme Court; … 3,341,040 cases in the High Courts; à and 25, ,458 cases in the 13,204 subordinate courts. This vast backlog leads to long adjournments and prompts people to pay to speed up the process. In 1999, it was estimated: ‘At the current rate of disposal it would take another 350 years for disposal of the pending cases even if no other cases were added’.”

Another factor is the low ratio of judges per one million population. This is as low as 12 to 13 in India, compared to 107 in the U.S., 75 in Canada and 51 in Britain. This high workload encourages delays and adjournments on frivolous grounds. “The judicial system, including judges and lawyers, has developed a vested interest in delays as well as corruption; it promotes a collusive relationship between the different players”, says Baxi. “This works against the public interest and the citizen’s rights. But even more important is the assault on rights that has occurred under the globalising neoliberal turn made by India’s higher judiciary since the early 1990s.”

Baxi terms this the “Structural Adjustment of Judicial Activism”, after the now-discredited “Washington Consensus” package of “free-market” policies promoted by the World Bank and the International Monetary Fund.

He argues that the Supreme Court and many High Courts have redefined their roles: from defenders of human rights and Constitutional freedoms, and guardians of the public interest, to conscious promoters of neo-liberal globalisation, with unrestricted freedom for capital and shrunken rights for the ordinary public.

“The tragedy in India”, adds Gonsalves, “is that it’s hard to put checks on the judiciary even as it runs amok by appropriating executive powers and interfering with legislative procedures even though the Constitution explicitly bars the procedures’ judicial scrutiny.”

In recent years, the Indian courts have practised “micro-management” of functions which properly belong to the executive, including specifying which fuel should be used in public buses, how cities should be planned and run, whether or not certain books should be censored, and whether street food should be sold.

The executive and legislature resent and chafe at this. Indeed, a first-rate conflict is brewing between these arms of the state, and the courts. There is a move to demand judicial accountability through a National Judicial Council Bill, which would allow serious investigation of corruption and other misconduct on the part of judges.

However, the Bill remains mired in conflict. The judiciary wants the Council to be manned entirely by judges, to the exclusion of members of the government, and equally important, of civil society. The executive does not.

“There are no easy solutions to the problem of making judges accountable,” argues Baxi. “But some interim partial measures can be tried. One is to appoint judicial ombudsmen from two highly-regarded statutory bodies, the Election Commission and Comptroller and Auditor General (CAG) of India. Nothing prevents the CAG from initiating an independent review of the performance of the judiciary. The CAG could produce highly credible and objective reports and help kickstart a process of promoting transparency and accountability.”

It is unclear if India’s executive and Parliament are willing to initiate such an exercise. But observers say that unless corrective steps are taken, the judiciary will continue to defy democratic accountability and intrude into areas outside its domain, even while corruption and denial of justice remain the order of the day.

Praful Bidwai, Legal System in the Dock, Thursday, 31 May 2007 , (IPS)