Kamayani aka kractivist
Ignoring objections by the Union Ministry of Tribal Affairs, the Odisha government on Friday announced dates for conducting Gram Sabhas in 12 villages of Kalahandi and Rayagada districts to decide fate of the proposed bauxite mining for Vedanta atop Niyamgiri Hills.
“We have decided to hold Gram Sabha in 12 hill slope villages as per the April 18 Supreme Court order. While Gram Sabha will be held between July 18 and August 19 in seven villages of Rayagada district, similar exercise will be done between July 23 and 30 in five villages of Kalahandi district,” Odisha’s ST and SC development minister L B Himirika told reporters in Bhubaneswar.
To a question, Mr. Himirika said the state government had earlier decided to hold Gram Sabha in 12 limited villages and it would implement it. “We are going by the Apex Court’s order,” Mr. Himirika said sidestepping a question on the MoTA’s objection.
On April 18, the Supreme Court order asked the state government to hold gram sabhas to decide the fate of Vedanta’s plan to mine at Niyamgiri.
“We need at least 50 per cent attendance to conduct a gram sabha. One-third of them should be women. If quorum is not achieved, the gram sabha will be cancelled and conducted later,” Rayagada district collector Sashi Bhusan Padhi said.
Meanwhile, Odisha’s Advocate General (AG) in a report supported the state government’s decision in 12 hill slope villages of Niyamgiri. The state government had sought Law department and AG’s views on objections raised by MoTA.
Earlier, Union Minister of Tribal Affairs V Kishore Chandra Deo had said that limiting Gram Sabha proceedings to only 12 villages was not in accordance with the Supreme Court order dated April 18 and directions issued by the ministry under Section 12 of Forest Right Act (FRA).
Mr. Deo had also written a letter to Governor S C Jamir seeking his intervention in the matter, saying the areas where gram sabhas are proposed to be held fall under Schedule V categoty.
“The list of villages where rights of forest dwellers are guaranteed under the FRA or where cultural and religious rights are likely to be affected cannot be arbitrarily decided by the state government. It is to be decided by the people (Palli Sabha) where claims would be filed through a transparent manner so that no genuine Gram Sabha which has a legitimate claim is left out of the process. This is in line with Para 59 of the apex court judgement,” Vibha Puri Das, secretary, MoTA, had written to the state chief secretary recently.
The Ministry clarified that it had received several claims under FRA for various rights, including religious and cultural rights claimed over Niyamgiri forests and sacred areas from villages over and above the 12 villages selected by the state government.
It shows that Niyamgiri forests are shared by not just 12 villages, but many other villages in Kalahandi and Rayagada districts too share religious and cultural rights over Niyamgiri, the ministry observed.
Referring to Para 53 and 54 of the Supreme Court (SC) judgement, the MoTA letter said, “Such observations cannot be interpreted to assess the number of villages that need to be considered for recognition and vesting of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right) Act-2006.”
The Supreme Court in its order had directed the state government to complete Gram Sabhas within three months to get the mandate of the local people regarding the mining project.
The judgement had also called for considering all claims on community, individual, cultural and religious rights of the local inhabitants.
Nandini Sundar July 04, 2013
On July 5 2011, a Bench of Justice B Sudershan Reddy and Justice SS Nijjar of the Supreme Court delivered what is widely regarded as a landmark judgement, banning Salwa Judum by any name, and disbanding and disarming special police officers (SPOs) who had been responsible, along with security forces, for many human rights violations.
The only activity that the erstwhile SPOs would be permitted was traffic and disaster management, and that too, only if they were innocent of any crimes.
The court ordered that criminal investigations and prosecutions be initiated in Chhattisgarh. Earlier that year, they had also directed that the security forces vacate all schools and ashrams, with the aim of restarting schools in the villages.
The Bench asked the CBI to investigate the March 2011 rapes, murder and arson in Tadmetla and neighbouring villages and subsequent events in which Swami Agnivesh was attacked while trying to deliver relief.
As Justice Reddy (now retired) said in a recent interview, had the Supreme Court’s orders been implemented, perhaps the May 25 attack could have been avoided. However, far from obeying the court, the governments in Chhattisgarh and the Centre have done everything possible to flout the order.
The Union of India attempted to have the order overturned through a review petition, but succeeded only in having it limited to Chhattisgarh. The government of Chhattisgarh responded by renaming all the SPOs, ‘armed auxiliary forces’ with effect from the date of the judgement, and giving them automatic weapons and higher salaries.
Schools are still occupied, no prosecutions have taken place, no victims of the violence perpetrated by Salwa Judum have received any compensation, and the CBI enquiry is still incomplete.
The CBI first visited Tadmetla in January 2012. In February, the Maoists killed one of the former SPOs, Kartam Surya, who had been accused of rape, and whom the state had been staunchly defending inside and outside court.
The SPOs then physically attacked the CBI team. They have now decided to conduct their enquiry out of Jagdalpur. In May this year, the villagers travelled 400 km to depose, including old men and breastfeeding mothers, leaving aside their annual tendu patta earnings.
The state government continues to stall all mention of a joint monitoring committee led by eminent independent persons, which alone can ensure that FIRs are registered, compensation given and some degree of normalcy restored.
In March 2012, the petitioners filed a contempt petition. There have been 13 listings since, but not one hearing. On six occasions, we sat in court but the matter was not heard because other cases before it took up all the time.
The matter was adjourned four times because despite asking and being given a ‘non-miscellaneous day’ by the court, the listing branch of the Supreme Court assigned it to a miscellaneous day. (Tuesdays to Thursdays are non-miscellaneous days, where matters can be heard properly while Mondays and Fridays are frenzied because a large number of fresh matters are considered for admission).
On three occasions, when everything was right — it was a non-miscellaneous day and our turn had come — Chhattisgarh’s counsel bought time on technicalities.
The only people to have benefitted from the Supreme Court litigation so far are the SPOs and the lawyers for the Chhattisgarh government, who have made lakhs in fees for delaying justice to starving adivasis.
Chhattisgarh’s litigation strategy is also to keep filing affidavits with the same data, but under different annexure numbers, in order to mislead the court. On the other hand, the lawyers for the petitioners, Ashok Desai and Nitya Ramakrishnan and their juniors, have put in years of pro-bono work (seven years already and still counting), at considerable personal cost.
Sumita Hazarika as the advocate on record (AOR) has gracefully filed endless affidavits. Our co-petitioner Kartam Joga suffered two-and-a-half years in jail on false charges, before being acquitted earlier this year.
My years of court observation have instilled an enormous respect for the judges whose daily workload involves reading voluminous briefs and listening to a series of complicated matters.
There has to be a system which is less cruel to them, as well as to PIL lawyers and ordinary litigants, such as more reliance on written documents and limited time for arguments, as is the case in other countries.
No litigant from outside Delhi can afford to keep coming for hearings. And no adivasis on their own could afford to fight such battles in the Supreme Court.
The security forces killed 25 innocent villagers, including several children, in two separate attacks — Sarkeguda in June 2012 and Edesmetta in May. The Maoists kidnapped Alex Menon, the district collector of Sukma, in March 2012, and killed 27 Congress leaders and workers in May.
Unless there is a breakthrough of some kind, there is no prospect of peace. Implementing court orders will not resolve everything but justice goes much further than anything else.
What is surprising is not that adivasis support the Maoists against the police. What is inspiring is how adivasis continue to believe in justice, to send letters to the court, to attend CBI hearings.
Hope is the hardest thing to extinguish in the human heart, and justice is the gossamer thread that binds people to the State.
Nandini Sundar is a litigant in the Salwa Judum case
The views expressed by the author are personal
Suvojit Bagchi, The Hindu
Rights activist Binayak Sen has been denied permission to participate in an international seminar on health care in Kathmandu by a Raipur court. Dr. Sen sought permission to visit Kathmandu after confirming his participation to the seminar organisers and hence “the application is not bona fide” the court order said.
Dr. Sen was invited by the United Nations (UN) Special Rapporteur on the Right to Health to speak in an international two-day seminar on providing health care in conflict areas. Anand Grover, UN Special Rapporteur on the Right to Health, told The Hindu that he is “surprised and shocked” by the court’s order. He said the report of the meeting would be presented to the United Nations Human Rights Council.
Hours before his departure on Friday, a court order restricted Dr. Sen from visiting Kathmandu. “It is evident from the application that the applicant has agreed to take part in the programme without the permission of this court. He sought permission on June 28 and accepted the proposal (to visit Kathmandu) on June 21,” Additional Sessions Court judge Alok Kumar Upadhyay said in his order.
“Dr. Sen agreed to attend the meeting (before June 21) before he sought a permission, so that the organisers could send him the accommodation and flight details and he could furnish those in turn (to court) with his application,” said Dr. Sen’s lawyer, S.K. Farhan. The details of accommodation and a copy of the air tickets to and from Kathmandu were attached with the application.
Earlier, the court sought a reply from the police about Dr. Sen’s application, to which Additional SP, Raipur, Lal Umed Singh replied that Dr. Sen’s visit is detrimental to the country’s security.
“Such foreign visits of Dr. Sen consolidate Naxal and Maoist networks. India’s internal security is also compromised,” Mr. Singh stated. “In view of increased Maoist violence, killing of security personnel and prominent political leaders, objection is raised against Dr. Sen’s foreign visit,” Mr. Singh told the court.
Dr. Sen was invited to speak on healthcare delivery and accessibility to people in remote conflict areas, especially focussing Chhattisgarh. His topic was broadly described in the draft agenda as ‘availability, accessibility, acceptability and quality of health facilities, goods and services — duties and responsibilities toward affected populations, obligations of non-discrimination and medical independence, Treatment of parties to the conflict cf. civilians.’ He was supposed to speak on the first day of the seminar alongside health care and human rights activists from Burma, Pakistan, Afghanistan, India, Nepal and Sri Lanka.
Jamshid Gaziyev, Special Procedures Branch, Katherine Footer of John Hopkins School of Public Health and International Committee of the Red Cross will be attending the seminar, according to the draft agenda.
In April 2011, a Chhattisgarh Court directed Dr. Sen to surrender his passport as a bail condition in line with the Supreme Court order. While it is not mandatory to have a passport to travel to Nepal, Dr. Sen needs permission from court for any overseas travel.
Earlier, he was allowed to travel abroad twice — to South Korea in 2011 and United Kingdom in 2012 — and on both occasions the Chhattisgarh court approved the travel.
The aadhaar project has become the bane of average Indians, threatening their access to all manner of services. basic questions have sometimes been asked and almost never been answered, says
Usha Ramanathan, in the first of a multi-part series.
The Unique Identity (UID) project has been around for over four years. The Unique Identification Authority of India (UIDAI) was set up by an executive notification dated 28 January 2009 and came into its own after Mr Nandan Nilekani was appointed as chairperson in July 2009. Now it has, as some observers say, become an experiment being conducted on the entire country.
In its early stages, it was marketed, simply, as giving the poor and the undocumented an identity. It was to be voluntary, and an entitlement. But, it is evident even from the Strategy Overview document of the UIDAI that it was never intended to be an entitlement that people may choose to adopt or ignore. That document said that “enrolment will not be mandated”, but went on to add: “This will not, however, preclude governments or registrars from mandating enrolment”. So, the potential for compulsion was built into the architecture of the project. Starting in 2012, voluntariness began to be eroded, and threats of exclusion from services and entitlements began to be bandied about. By January 2013, a virtual panic was set off when it was announced that various services and entitlements would not be accessible to persons who did not have a UID number.
Mr Nilekani has said time and again that half the population is expected to be enrolled by the end of 2014; yet, there have been warnings that people without a UID number may find themselves unable to access benefits and subsidies if they did not have it, if a bank account had not been opened, and if the UID number were not embedded in the bank account. So, subsidy for cooking gas, kerosene, and scholarships, for instance, became dependent on having a bank account seeded with the UID, or aadhaar, number. In case anyone wonders what the UIDAI has to do with these decisions, it is the chairperson of the UIDAI, Mr Nilekani, who chaired the committees that recommended these changes. The reports are in the public domain.
From its inception, the UID project has been about creating the ‘database resident’. The website of the Department of Information Technology, which has been renamed as Department of Electronics and Information Technology, modestly carrying the acronym DeitY, has said all along that “Project UID, a Planning Commission initiative, proposes to create a central database of residents, initially of those above the age of 18 years”. Except, that the UIDAI got more ambitious and wanted everyone, from the newborn to the oldest resident, on its database. And it was always intended to converge various databases to construct a profile of the individual, and to this effect the website of DeitY says that “the project envisages provision of linking of existing databases, as well as providing for future additions, by the user agencies”. The MoUs between the UIDAI and various registrars that include the state governments, oil companies, banks and the Registrar-General of India, who is in charge of census and the National Population Register and socio-economic and caste census, not only provide for various additional fields of data being collected during enrolment, but also for having the UID number appended to each such database.
As for biometrics, documents reveal that when the decision was made to use fingerprints and iris for enrolment, there was no knowledge about whether these biometrics would work in India, given the demographic and environmental conditions. In fact, it has since been found that with age the fingerprint fades, that manual labour makes the fingerprint difficult to read, that malnourishment-induced cataract blights an estimated 8-10 million people, and so on. In fact, as recently as 23 April 2013, Mr Nilekani said in his speech at the Centre for Global Development in Washington: “We came to the conclusion that if we take sufficient data, biometric data of an individual, then that person’s biometric will be unique across a billion people. Now we have to find that out. We haven’t done it yet. So we’ll discover it as we go along.” First, the conclusion. Then they will wait to find out! That is why some observers of the project have been saying that it is an experiment being conducted on the entire population. The consequences of failure have not been discussed, although, in a talk at the World Bank in Washington on 24 April 2013, Mr Nilekani said in response to a question about what he thought was the greatest downside risk to the UID: “To answer the question about what is the biggest risk,” he said “in some sense, you run the risk of creating a single point of failure also.”
There is more to cause concern, and much to be answered about UID.
(The writer is an academic activist. She has researched the UID and its ramifications since 2009.)
The UID project is proceeding without the cover of law. There is only the notification of January 2009 which says the UIDAI “owns” the database, but which says nothing about how it may be used, or what will happen if it fails or if there is identity fraud, or some outside agency gains access to the database. A Bill was introduced in Parliament in December 2010, after the project had been launched and data collection had begun. The Bill collapsed in December 2011 when the Parliamentary Standing Committee found it severely defective, and after it found that the Bill and the project needed to be sent back to the drawing board. There is no sign yet of a Bill, and any protection that the law may offer is non-existent. There is no law to protect privacy either.
Convergence and snooping
The UIDAI, and Mr Nilekani, have refused to address the probability of surveillance, convergence, tracking, profiling, tagging and intrusions into privacy that is likely to result from the creation of the database of residents and the intended convergence. The link between technology, databases, governmental power and corporate involvement in creating, maintaining, managing and using databases has produced various scenarios of surveillance that we ignore at our peril. PRISM is such a stark demonstration of the ambitions that can fuel a state that the UIDAI can no longer just say `no comment’ when asked about the surveillance potential being created.
In the same period, the state has already set up agencies such as the Natgrid, NCTC, NTRO, CCTNS, MAC which will use the potential for convergence of databases that the UID makes possible. In April 2011, the government made rules under the IT Act 2000, by which it would be able to access any data held by any “body corporate”. More recently, we have been hearing about the CMS, or the Central Monitoring System, speaking to a surveillance and control approach that will have the state snooping on us with no oversight, no prior permission, no answerability at any time to anyone.
The companies engaged by the UIDAI to manage the database include L1 Identity Solutions and Accenture. The UIDAI, in response to an RTI request, has claimed that they have no means of knowing that these are foreign companies, given the process of their selection! Yet, a search on the internet reveals the closeness between the L1 Identity Solutions and the CIA, and that after a recent transaction, it is part-owned by the French government; while Accenture is in a Smart Borders Project with the US Department of Homeland Security. Data security, personal security, national security and global surveillance are all drawn into a ring of concern, but remain unaddressed.
On the day the CBI is set to file its chargesheet in the Ishrat Jahan fake encounter case,Hindustan Times has chosen to report about it in a manner that is malicious, prejudicial and intended to manipulate public opinion. The report, “ ‘Ishrat Jahan had links with Kashmir Separatists’: CBI” by Mahesh Langa and Abhishek Sharan in the Delhi/ Ahmedabad edition of the newspaper is nothing short of defamatory. The headline attributes this ‘information’ to the CBI whereas in the text of the report, it is said that two of those killed along with Ishrat “were associated with secessionist groups in Kahsmir”. Clearly, the CBI is not saying that Ishrat had any links with any group. This is a deliberate misrepresentation and a cheap trick to make connections where none exist in order to tarnish the reputation of a deceased girl who is no longer present to defend herself.
We are in possession of the original article written by HT Correspondent Mahesh Langa, which was also carried in the Ahmedabad edition of Hindustan Times as “Ishrat case: What the Chargesheet is Likely to reveal” which does not attempt to make any such a spurious connection.
From where then did this headline emerge in the Delhi edition? Why this attempt to taint her with the ‘terror’ tag through false and sensationalist headlines, especially on a day when the battle for justice enters a crucial phase with the CBI expected to file its chargesheet. It can hardly be seen as an innocent oversight given the fact that a concerted campaign to malign Ishrat’s reputation has been central to those trying to obstruct justice and the process of law.
The Hindustan Times needs to issue an unconditional apology to the family of Ishrat Jahan, printed in the same large and bold font as the headline of the report today. Such sensationalism violates all codes and ethics of reporting and journalism and is liable to invite action by Press Council and other statutory bodies as well as criminal liability
Lawyer for Shamima Kauser(Mother of deceased Ishrat Jehan)Vrinda GroverAdvocateN14A, SaketNew Delhi 11001791 9810806181
The circumstances surrounding the alleged suicide of journalist-turned-corporate communications expert Charudatta Deshpande in Bombay last weekend, has exposed the dark underbelly of one of India’s biggest corporates, and the stress, pressure and threats that hacks face when silence is no longer a conscionable option.
Deshpande, 57, had resigned in April as chief of corporate affairs and communications at Tata Steel, having held that job for a little less than a year; he was due to join the PR firm Ad Factors on July 1. He had previously served as general manager, ICICI Bank, and prior to that as senior general manager of Mahindra & Mahindra.
As a journalist, Deshpande had worked at The Daily, The Indian Express, The Economic Times, Business India TV, and theBusiness and Political Observer.
A group of nine friends and colleagues of Charudatta Deshpande (including the president of the Press Club of Bombay) has written to Tata Sons chairman Cyrus Mistry and his predecessor Ratan Tata, urging them to institute a proper inquiry into the death.
In their letter, written in their individual capacities, Charu’s friends claim:
# Charu was being bullied into signing some documents/ bonds on June 29, a day before he took his life.
# Charu was being blamed for “facilitating” a story (in picture, above) in Forbes India and was under enormous pressure to “admit” to his complicity in “leaking” confidential company documents to the media.
# Charu was was under “house arrest” in Jamshedpur and that his cell phones were being tapped.
# Charu was being called and threatened by an unnamed mafia.
In his individual capacity, ICICI executive director Ram Kumar,a well known figure in HR circles, has also written to the Tatas on the “disgraceful” manner in which Deshpande’s services had been terminated, and the “untold pressure and threat at Jamshedpur” in the weeks preceding his death.
The Economic Times reports:
“Ramkumar’s letter, referring to the claims of the people who met Deshpande in the four weeks preceding his death, alleges that he was “confined” for over two weeks at Jamshedpur.”
Amazingly, or perhaps not, nobody from the House of Tatas, who routinely clamber on to the high moral horse, called on Deshpande’s family for three days after the alleged suicide and Ramkumar has alleged in his letter that a PR firm tried to “sully” Deshpande’s name after the death.
On the other hand, ICICI Bank, where Deshpande had worked earlier, has facilitated a job for his son Gaurav, who graduates in two week’s time.
Below is the full text of the letter sent by nine friends of Charudatta Deshpande to Tata Sons chairman emeritus Ratan Tata and Tata Sons chairman Cyrus Mistry, on 30 June 2013:
Dear Mr Tata and Mr Mistry,
We write to you as the collective conscience of a group of friends and former colleagues of Charudatta Deshpande, a former Tata Steel employee, who committed suicide on Friday, June 28, 2013.
From whatever evidence we have gathered until now on the back of conversations with Charudatta in the weeks leading to his demise, and with those who knew him closely, Charu was placed under enormous stress and subjected to harassment by officials at Tata Steel.
Our understanding is it was this harassment that prompted him to commit suicide. This letter is an attempt to bring this episode to your attention and seek your intervention into instituting an urgent and independent inquiry into the matter.
Charu was head of corporate communications at Tata Steel. About a month ago, he resigned from the company. The events leading to his exit are relevant and we would like to place them before you for your consideration.
In April, a few months into his new assignment, Forbes India magazine ran a cover story“Remoulding Tata Steel”. The story is online here onhttp://forbesindia.com/article/boardroom/putting-the-shine-back-into-tata-steel/35049/0.
It attempted to chronicle the challenges facing Tata Steel at a time when a crucial CEO succession drama was unfolding.
The story was based on extensive and independent reporting that lasted more than five months. Soon after it appeared in print though, a distraught Charu got in touch with those of us at Forbes India and alleged officials at Tata Steel were placing the blame on him for “facilitating” a story they thought inimical to their interests.
He added he was subsequently grounded for more than two weeks; that for all practical purposes was “under house arrest” in Jamshedpur; that his phones were being tapped; and that he was being subjected to enormous pressure to “admit” to his complicity in “leaking” confidential company documents to the media.
Many of us have worked in the past at various newsrooms including at the Economic Times where he was a senior editor. We have also known him professionally in his stints as head of corporate communications at organisations such as ICICI Bank, Mahindra & Mahindra and Tata Steel.
We remember him as a thorough professional who placed a premium on the interests of the organizations he worked for. Each one of us can personally vouch that in his interactions with us, he has never behaved irresponsibly or tried to damage the reputation of the firms he represented.
Those of us who were at Forbes India when the story on Tata Steel was being researched are willing to testify on any forum that matters he conducted himself with integrity and responsibility.
What we also know of the events that preceded his death are outlined below.
1. He was in discussions with officials at Adfactors PR, with whom he was negotiating employment prospects. He told them he was being called and threatened repeatedly by a ‘mafia’ – a term he used constantly; and that his cell phone was being tapped.
2. He had informed a friend that he was being bullied into signing some documents/bonds on June 29, a day before he took his life.
3. Immediately after the story appeared, he was in constant touch over the phone with Indrajit Gupta, the founding editor of Forbes India. He confided in Indrajit Gupta and spoke of being confined for over two weeks at Jamshedpur, being harassed after the story appeared in the magazine, was not allowed to travel without permission, and articulated his concerns about his cell phone being tapped. Despite being advised to escalate the matter to higher authorities, including the Tata Headquarters at Bombay House, Charu insisted it would be futile and make things worse for him.
Whatever be the circumstances behind his exit, most of us assumed he would put the setback behind him and move on. However, he alleged the threatening phone calls he got even after exiting he company was causing him a lot of stress.
What transpired after Charu passed away was even more despicable. Even as the news of his demise trickled in on Friday evening, there were concerted attempts made by Tata Steel officials and the PR agency to pass off his death as a heart attack, and not a suicide.
A senior PR official even insisted that he had visited Charu’s residence and confirmed the news of the heart attack, which turned out to be untrue. Some regional papers even hinted he had embezzled funds.
We believe this is an attempt to tarnish the reputation of a senior professional and take the focus away from the root cause behind his untimely death.
Discussions with Charu’s family have revealed he had no personal problems or disputes there. His brother-in-law Mahesh said Charu was extremely disturbed and depressed in the month before he finally quit Tata Steel. Mahesh also spoke of Charu confiding in the family he made a serious mistake in joining Tata Steel.
These apart, he also spoke of having been let down by the company on various counts and not being provided manpower and resources he was promised when he joined.
The Tata group has nurtured a long tradition of practising and upholding the highest standards of ethics and probity in public life. Nothing that we now do can redeem what has happened. But for the sake of justice, we would urge you to institute an inquiry into this matter.
If nothing, it will help bring closure to a traumatic episode for Charu’s family and his circle of friends. Equally importantly, an inquiry of this kind will go a long way to ensure episodes of this kind don’t occur again.
The all of us who have signed on this note would be willing to aid any inquiry process you choose to institute by providing evidence and witnesses with whom Charu had spoken to before his demise.
We trust the both of you will do what is right.
On behalf of
|New Delhi, July 1: Chief Justice of India-designate Justice P. Sathasivam has favoured reservation for members of the Scheduled Castes, Scheduled Tribes and the Other Backward Classes in the higher judiciary, such as Supreme Court and high court judges’ posts.
Justice Sathasivam, who will take over as the country’s Chief Justice on July 19 from the incumbent, Justice Altamas Kabir, felt that members of the SCs, STs and OBCs could be elevated to the higher judiciary by giving them certain concessions in the appointment process, provided they fulfilled minimum requirements.
In an interview with The Telegraph here today at his residence, Justice Sathasivam said that such an arrangement would go a long way in assuring all sections of the society that their well-being was taken care by the country, irrespective of their social moorings.
“Yes, you are correct. We need to have some sort of reservation and representations for SCs, STs and OBCs. But at the same time we cannot ignore the minimum standards which are already in vogue for appointment. It does not mean we have to select a person far junior or who lacks merit. But we have to give them some concession,” the judge said.
“But they must satisfy the minimum requirements. It is in our (judges) mind. You can also say it is in my mind. I am anxious that persons from SC, ST and OBCs are appointed. Of course, there are members of the OBCs who are already in the higher judiciary,” Justice Sathasivam said in response to a query.
Although not specifically related to the ongoing tussle between the Bengal government and the state election commission on the former’s plea to re-schedule the panchayat polls in view of the Ramazan month, the Chief Justice-designate said courts and the election commission have to take note of public sentiments.
Refraining from directly commenting on the Bengal situation, Justice Sathasivam said: “Normally, the courts and the election commission have to take note of the sentiments of the people if the majority of the people feel inconvenienced. For example, during the Ramazan month, many employees leave their offices early. Even judges leave the courts early… that is because a devout Muslim is not allowed even to swallow his saliva. So we can’t have rigid rules or any straitjacket formula for such an issue. It all depends on the facts of each case.”
He rejected the government’s bid to bring in a judicial appointments commission to replace the present collegium system. Justice Sathasivam said the government could not claim that it would have its own representatives in the judiciary.
“The government cannot include their names as, by and large, the high court and the Supreme Court collegiums keep everything in mind while giving representations to all sections. Law officers like advocates-general, additional advocates-general, central government law officers, government pleaders are provided representation in the appointments,” he said.
The Chief Justice-designate agreed with a suggestion that judges of the Supreme Court should have a cooling period before accepting post-retirement jobs in tribunals like TDSAT (the Telecom Disputes Settlement Authority Tribunal), CAT (the Central Administrative Tribunal), NCDRC (the National Consumer Disputes Redressal Commission) to insulate the judiciary from allurement from political executives.
Conceding that the judiciary was not 100 per cent free of corruption, Justice Sathasivam said that the institution was still transparent unlike other wings like the legislature and the executive.
He pointed out that if a presiding judge in a subordinate court passed an order on the basis of some extraneous considerations, it was liable to be set aside by the higher judiciary — a remedy not available to the citizens before the other wings of the government.
So Modi Ji is now wooing Muslims. Hmm. Interesting!
1)…a slide where, during the riots, he said, “Hinduoon ko apni badaas
2)…a slide where he was in Police Control Room listening to everything and
doing nothing to stop the riots.
4)…a slide where he ridiculed young Muslim boys as being future ‘garage
5)…a slide where he called Muslims with the prefix “Mian” in contempt.
6)…a slide where no Muslim candidate was given ticket in the Assembly
7)…a slide where he refused to put on the Muslim cap, while he puts on
headgears of all other ethnicities and communities in his functions.
… a slide where tens of thousands of Muslims have still not been
rehabilitated even after 10 years of riots.
9)…a slide where ghettos where Muslim were forced to live after riots are
ignored by municipality.
10)…a slide where Modi fought a case in High Court against granting
scholorship to poor Muslim students.
11)…a slide where Maya Kodnani was promoted to Minister of State for Women
& Child Development AFTER she sucessfully conspired to kill 97 Muslims, MOST
of who were Women & Children
The SlideShow without these slides is simply incomplete in order to depict
the LOVE & RESPECT that Modi Ji has for Muslims.