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Wednesday, December 14, 2011

Indian system - criminals exploiting the tenderness - when will they be punished ?

Sure you are attracted by beautiful ornamental decorative light fixtures those are hung in business lobbies and in posh hotels – the chandeliers – which have branched supports for a number of lights.     This is something on different hanging….

India is a democracy – people elect their representatives and Netas rule the country….  It is a voice of the majority as you see it – but what happens in Elections is ‘adult franchise’ is the basis – many stay away – votes get split and the winner is not necessarily the popular candidate but the one who could polarize his electorate.   A cricket example to ponder the correctness [it is also the method followed in Super singer and many other contests]

After every match – be it a Test or a One dayer or a T20, a player is selected as ‘Man of the Match’ based on the sterling performance which most effectively framed the result.  This is often decided by an Expert panel mostly consisting of Ex-players and others who know the game well.  In the recent Test at Bellerive Oval,  Hobart between Australia and New Zealand, they followed a system where public voted using mobile application.  Doug Bracewell’s 6 for 40 ensured a Kiwi victory in Australia after 18 years and one in Australian soil after 26 years….. naturally he was basking in glory and was expecting to walk up and receive the award.  The MoM went to David Warner instead – his achievement of  unbeaten 123 and carrying bat through cannot be belittled but the margin was overwhelming it was 58% for Warner as against Bracewell’s  27% - clear partisan voting which affronted the New Zealanders. 

Continuing on Cricket there is ‘war on air’  as Sunil Gavaskar revealing that his faith in the Board stands shaken after the BCCI shot down the little master’s demand  $1 million fee (Appr 5.43 crore) per season for media activities for Indian Premier League.  Gavaskar claims that he was assured by Sharad Pawar of that; but Shashank Manohar is quoted as denying that.  Currently, Gavaskar and Ravi Shastri, as per a contract with BCCI, get Rs 1 crore per season for media activities involving IPL.  Gavaskar and Ravi Shastri – no longer play, lead or manage but are expert media spokespersons !!!!

India has a well established Judicial system, partly a continuation of the British legal system established by the English in the mid-19th century based on a typical hybrid legal system in which customs, precedents and legislative law have validity of law.  There is a pronounced principle of ‘not an innocent getting punished’ and perhaps this causes delay and many culprits escaping punishment. 

Today, there are reports that BJP is set to move an adjournment motion on black money in the Lok Sabha today.  Whatever happens in Public comes after prolonged deliberations off it and it is stated that the motion is likely to come up with a milder wording.  So it would not  censure and likely could be voted on the floor.   There were reports that French Govt reportedly had provided list of 700 Indians holding Swiss bank accounts and when or whether the Govt would make them public is anybody’s guess !

It is a decade since our highest system of governance – the Parliament was attacked – 13th Dec 2001 – a dozen were killed and was stated to be the handiwork of Lashkar-e-Toiba and Jaish-e-Mohammed terrorists.  Remember on that day,  five gunmen infiltrated the Parliament House in a car with Home Ministry and Parliament labels.  The lady constable Kamlesh Kumari was first to spot the terrorist squad. One gunman, wearing a suicide vest, was shot dead; the vest exploded. The other four gunmen were also killed. Five policemen, a Parliament security guard, and a gardener were killed, and 18 others were injured. And in a system with so many loopholes, tardiness and more – Mohammed Afzal Guru was pronounced guilty and was handed capital punishment.  Despite the security agencies gathering strong evidence, including details of telephone conversations the masterminds of the attack in Pakistan had with their operatives, India could not persuade, let alone force the Pakistani authorities to take any action against them.  But why expect them to take action, when India has not taken one ? – there have been many attacks since at various places including 26/11 – those involved in 9/11 and in subsequent high profile terror attacks have been brought to book. 

Today there is news  of the  Govt  stating that it is for the President Mrs. Pratibha Patil  to decide – the Supreme Court had long back affirmed the sentence – every year at the time of anniversary, this attack is remembered and forgotten immediately.  Now the Union Home Secretary states that   “The matter is with the President and it is for the President to decide,” – it is stated that the Home Ministry had sent Guru’s case to the President’s Secretariat for a decision on 27  July, 2011 with the recommendation that his mercy plea be rejected.  The Constitution does not give any time limit for the President to decide any clemency petition. Going by whatever is made known to Press, it is more than 4 months and the case is a decade old…

With regards
S. Sampathkumar.

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