Hanging a Terrorist & Justice Delivery

Justice is delayed but not denied. I am not sure if I can use such a proposition after the state decided to hang the Terrorist – Mohd.Afzal Guru who was a patriot of Pakistan in spirit but Indian citizen legally. And why we should brand him a patriot of Pakistan? The purpose for which he was employed is the task handed over to him apparently by Pakistan, which is in my opinion is a state formed out of a stolen land from Bharath. And as per Justice Markandeya katju it is a “Fake State”. It terrorizes the people of Baluchistan and North West but thinks that it alone has a right to talk about Human rights in Kashmir. Now Afzal Guru a resident of Kashmir fallen in the trap of Jihadi groups, in the name religion or some romanticized Islamic state which Islamic Terrorist groups aspire to establish with active logistical and ideological support of Pakistan.

Legally speaking the court relied mostly on Afzal Guru’s confession corroborated by the evidence of phone call records which the terrorists made to him. To dive bit deeper in this aspect we shall review the following.

As per The Indian Evidence Act, 1872, confession is considered as weak evidence which will not be treated as a sole rationale to convict the accused unless it is corroborated by an independent or circumstantial evidence. Please read section: 24, 25, and 27 for more details. Additionally Constitution of India Art: 20(3), talks about right against self-incrimination.

Art: 20(3) – No person accused of any offence shall be compelled to be a witness against himself

In its report to the then Law minister of Govt.of India Shri. Arun Jaitely the Law commission of India stated that there is no need to dilute the feature of right to remain silence, if done this will be ultra wires of constitution. So once a crime is committed and based on the prima facie evidence if someone is arrested, he has the right to remain silent and it is the investigating officer’s job to unearth the circumstances which lead to the actual crime along with sound evidence.

But after a thorough judicial scrutiny if circumstantial evidence stands out to be a vital component where defense has no scope to challenge this piece turns out to be good evidence. Out of his own will if accused is ready to confess this will be considered as evidence just that this has to be recorded by a magistrate. But there was some controversy that the POTA Act 2002 diluted some of these provisions, for Eg : the confession can be recorded by a superintendent of police and this was also one of the ground which the learned defense counsel argued vehemently for Afzal Guru. But the court has rightly convicted Afzal Guru for the simple reason that the confession was indeed voluntary and it was corroborated by prosecution. Invoking sections in IPC (Indian Penal code) alone was sufficient under ‘Offences against State’ for a death penalty without a necessity to take shelter under POTA Act.

Politically speaking for those who speak for Afzal Guru their only line of defense seems to be that this whole conviction was based on his confession and it is against the principles of natural justice. Arguments such as these are indeed misleading and they tend to question the dignity of courts and our Independent Judiciary too. It has to be noted that days after attack the phone tapings of other accused revealed broader conspiracy which added further strength to corroboration. It is unfortunate to question the wisdom of court. Like in the case of Pakistani terrorist Ajmal Kasab the secrecy of execution is justified. It is an utter disregard of nation to equate/treat terrorist Afzal Guru as a symbol of peace or a freedom fighter when the symbol of democracy is attacked. If parliamentarians are attacked and killed that means they (terrorists) have actually killed the citizens of India who voted them as their representatives and sent them to Parliament. This is more severe an offence than the 2008 Mumbai terrorist attack. Now why are we not in unison when it comes to pay homage to those brave hearts who laid their lives in service to their motherland? Ie., the security guards who were killed in this attack.

The distortion of Islamic fundamentalism and leftist idiosyncrasy is appalling both of which are great threats to this country, while the former believes in establishing a global Islamic caliphate which is a medieval obsession oblivion of the current day realities and the latter being a victim of communism gibberish which approves killing humans in the name of revolution. For that matter both these groups consider that eliminating the non-believers is an important part towards achieving their ultimate objective. They (Leftists/Communists & Islamic Fundamentalists) do not realize that they are chasing a mirage. And in whose dictionary loyalty towards mother land and nationalism has no meaning or they are considered as detrimental to their goals. Both of whom have to come out of their deep slumber and affirm that Jihad and revolution can do no good to anybody or themselves. If these two groups continue to perpetrate crimes against other human beings, the courts, Govt and the common man shall use the might of his armory to protect the unity of this great land.

The time of hanging is in no doubt a political decision right before the general elections. I am not sure if the rulers have come to a conclusion that preferential treatment of minorities (especially religious minorities) are not going to keep them in power for the next term and it is safe to play a different type of game as they realized that this did not work out either in Gujarat or UP.

Note : Please revert if any corrections are needed in quoted legal sections of statutes and opinion/s based on the judgment by supreme court on State (N.C.T. Of Delhi) vs Navjot Sandhu@ Afsan Guru on 4 August, 2005 Appeal (crl.) 373-375 of 2004

References:

http://www.lawcommissionofindia.nic.in/reports/180rpt

http://www.scribd.com/doc/3936103

http://indiankanoon.org/doc/1769219

King’s Speech

Why this entire fan fare on one man. Recently Narendra Modi spoke in Delhi University’s SRCC (Lady Sriram College of commerce). Response was indeed thunderous. How thoughtful it is to go and talk to youth directly. Yes. He knows well that they are decision makers and it is more meaningful to present his case to them. On a personal note Modi’s oratory skill is certainly unrivalled, I think only Rajiv Dixit could mesmerize people like that. Students were spell bound by his convincing appeal. All is true, all of it. For a moment let us consider him as an individual and not the one who is associated with BJP. Is it not our responsibility to support an able administrator, a good politician and a moral human being? Yes. Majority of Indians always encouraged people who are true to their country. When he spoke he did not speak but his results were. Leading from front he took Gujarat to its glory, and he also realizes that the job is half done. And his detractors have run out of imagination on how to pin him down with sticky issues. The leftist media never stops chanting of 2002 riots, and Modi constantly strives to overwhelm that feeling through his good work. Politics was always about the art of possible, just that after more than 6 decades of congress rule this great country is yet to get what it deserves.

In his speech I saw a pure entrepreneur when he spoke about the opportunity which is yet to be utilized or realized. Is that not true? Out of a desert strip with no natural resources if Israel can transform itself in to a massive giant, why India cannot with its abundance in natural resources and human capital? In that sense it is apparently correct that we are yet to rise up to the opportunity. But at the same time he made us realize when he said we have moved on to become mouse charmers from snake charmers, this recognizes that yes we have made an improvement. After being the victims of Islamic enslavement for 800 years and enduring the oppression of British colonizers we have come a long way, but we are not done yet.In this context we should not compare ourselves with Pakistan that is not our benchmark, it lies elsewhere, I am not sure if it should be China.  Is he not correct when he said that our country’s growth has been held ransom by vote bank politics? Is it not a right thing to ask our populace to give much credence to development politics? What happened during Assam riots? Why should 4.5 % quota announced right before elections in UP? Shouldn’t congress stop making fool out of these hapless minorities? Didn’t he prove that he is an optimist when he talked that the glass is full half of it with water and the other half with air? That is definitely a different world view.

My favorite was on Why not export teachers? Wasn’t that just great? I recall Sathya Sai Baba once told in one of his Veda Vahini series comparing India to a train engine, ie., the world is a train and the engine to drive it is Bharath. India remained a Vishwa guru, our down fall is indeed a momentary blip, a short term distraction by people those who invaded us because of our riches. And time has come for us to lead the world and show it the right path not by the tip of sword but by reason and leading by example. I saw what a student has to say (http://www.ndtv.com/article/india/blog-when-modi-asked-if-he-could-extend-his-speech-we-said-yes-327411?pfrom=home-topstories) after Modi’s speech. I felt like I was listening from horse’s mouth.

Often ludicrously Rahul Gandhi (Raul Vinci) is compared with Modi by the henchmen of congress; he is just a kid in front of him. But to raise a question from where someone should derive authority to rule. Should it be because he belongs to a dynasty? In that case we are not doing justice to ourselves. I do not intend to comment on whether it is good or bad for politicians to encourage family politics. But it is more important to get aligned to a distinct ideology which is positive and forward thinking. Congress never had one but its leaders did have. At the times of Nehru it was socialism, with Indira Gandhi it tilted towards communism and with Rajiv Gandhi I am not sure if he had one, certainly he was progressive thinking on a relative basis. That is all. At least Rahul Gandhi should realize that “Rahulgandhi as PM” backers are going to do more harm to him than any good, that is the truth.

There was no dearth in the negative campaigning against him by the left and its cohort – paid/biased media. Some of the lies which were spread out were that the college forced all the students to stay back then he spoke only about salt, banana and milk and not the great challenges etc., for all those who are wasting their energy in trying their best to show Narendra Modi in poor light, all I can say is good luck but I have something else to say too. “It is a rare phenomenon in the current times that India could have such a great and honest man then why not support him in his good work instead of continuing to bark at the wrong tree, whatever you did it did not work out in Gujarat assembly elections and it will not work in other forum too. So please save your Ink and oil for some good work too. But I doubt if you will ever heed to my advice, surely I am not going to be the loser”.

AB IT Milan Karyakartha Baitak : My experience

Being a recent bird in the nest ie., myself in the sangh’s fold I really did not have any direct experience of watching sangh in action in response to pressing issues. When I stepped down from train at Bengaluru station I could see swayamsevaks in railway station giving security to our brothers from north east who were leaving the city because of threats from Islamic fundamentalists. Swayamsevaks were also trying to convince them that we are here with you and do not worry about erratic threatening messages sent by mischief makers. Felt that I would also join them but certainly that is not my purpose to travel to banglore at least for now. Got a chance to interact with my brothers in different parts of the country and get to listen fresh ideas through this baitak.  I always had this flair of discussing political issues and being political because I really feel that Politics is the art of possible apparently giving credence to Aristotle’s phrase – Human being is a political animal. Felt like I was indeed involved in the core political activity. In my quest to satisfy my adrenalin, for three years I have enquired the fundamentals of many parties including BJP,DMK,AIADMK,Comunnist (Marxist and I),congress and arrived at a conclusion that I would not be suitable in these outfits and later turned my attention to non-political groups and NGO’s and I am feeling ashamed to name all of them but let me say one – PFI (Popular front of India). It is because of my poorva Janma sankalpa I knocked the doors of sangh which embraced me with all the love. Wikipedia of RSS though gives what an IT Milan is, I have seen IT Milan in action at Banglore and feeling shy that I have not done any thing concrete when I compare myself with my Bhagyanagar and Bengaluru brothers, at the end of the day I drew a lot of inspiration. I understood that realizing hindu rashtra cannot happen in a fast track manner through unscientific methods as few restless individuals claim. I felt like I swallowed a thunderbolt when I heard that it is important to ask ourselves the question whether sangh has entered in to us after us entering in to sangh.

Enlightened after listening to truth behind Assam violence. There were days I was a victim of the so called mainstream media, but I am not any more. I’ll consider that this is my first day at sangh. Thanking god for showing me the right path. Will strive to be a better swayamsevak. Jaihind !

Note : An old write up which I did write in a different blog. Wrote this when I went to Banglore baitak last year.

Performance Appraisal : Loyalty Versus Performance, a tug of war ?

No great management thinker can authoritatively say that one is better than other when it comes to appraising people. One seems to be the better than the other and vice versa on different cases under unique circumstances. But to throw more light on a modern day corporate world and to ask ourselves which has more consideration while appraising people. I am referring to extrinsic rewards i.e., increase in monetary compensation which normally happens once in year. In most of the cases loyalty acquires preference than performance. Corporate politik or affairs mostly managed by or fall in the purview of Robert Greene’s “The 48 Laws of Power”. And the rule which is of paramount importance is “Never outshine our master”. At any cost do not try to prove your master (manager) as an idiot. In reality he might be worse than idiot but please don’t make him feel that he is one. I have learnt from my learned friend that in a booming economy like India any body can become managers at a very young age, this may not be case in most of the western economies. The one who can survive this dirty state of corporate politics can survive in Amazon forest too, that seems to be quite an extreme comparison but believe me that is the truth. You see your companion and it is an established fact that he/she is indeed mediocre in his performance and he/she lacks what are called bare minimum skills. But when it is the appraisal time, he benefits the most. And your expression might be: What the heck, I am not even getting nuts? So you go back and ask for an explanation from your manager about this step motherly treatment. You would surprised to hear the ‘A’ word i.e., I am referring to Attitude. You might have managers speaking as if they have discovered Attitude like Einstein discovered gravity. But there is no choice but to listen to that rhetorical rubbish, of course you should have patience. I am not sure if it is swami parthasarathi who said all successful managers need hanumans for them to be successful? Correct me if it is not Swami Parthasarathi.

At times there might be no reason to find fault with intentions of  CXO’s of the organization but it is only the Mid-level witless managers who while implementing the noble intentions apply the given discretion authority indiscriminately and favor the stooge but not the performer, because he has outshined. I do not deny that loyalty is an important component which must be honored, but not definitely at the cost of performance because performer’s performance is needed for the organizations to survive in a red ocean. When you see organizations boast that their culture as one that is liberal and open, but when it comes to actual practice you do not see all that is happening what is written on your company’s intranet pages. Yes we can talk about all this since the advent of this IT and ITES, in the medieval manufacturing domain that is simply not possible. But people outside of this white collar industry do not know that bigoted people and personal tyrants do exist out here too as they do in other colored collar industries like blue or yellow for example. You can flout all the stated rules if your manager is in your favor, that’s why I say don’t outshine him. That means do not tell him that he is an idiot. It is horrible when you work under managers who have Theory X assumptions and not to mention the parental ego, you can literally feel that you are in a holocaust like environment. Just to quote an incident or example which Douglas McGregor refers in his book “The Human Side of Enterprise” where a new manager walks in to a production plant and pulls up a machine operator and says “When I manage the shop it is I who actually runs the shop”, the operator stops the machine which he was operating and asked the manager to run it. Actually the whole plant was stopped to see how this manager could run it. This is the manifestation of ego. Another shocking fact I have noticed you could earn the ire of your master because of your performance as well. So all High performers it is not enough that if you stop yourselves by performing alone and not be loyal, at least pretend. This is for those who are badly looking for extrinsic reward. Let me see how many are refuting my proposition. 

Note : An old write up which I did write in a different blog. Consolidating all my old blogs

A State with in a State

If recent reports are correct that Government of India is willing concede the space for Naga groups it is contemplating then it is surely an Idea of installing a state with in a state. It is a known fact at the time of political independence there were princely states which wanted to declare themselves as an independent nation instead of acceding to either India or Pakistan. One such group is Nagas. It has been a temptation for every one belonging to a specific regional identity to demand a separate nation state. A special status for Naga with in the Indian republic a separate flag etc., will set a dangerous precedent for the other secessionist forces to sight this as a reason to intensify their demands. India union is not formed based on agreements like in the case of different colonies of USA. It meant that these states can also part from the union and essentially they are called as federation of states, we can guess what the reasons are for American Civil War. There is no such agreement exists between Indian Union and the princely states which agreed to join. The instrument of accession was absolute and complete. Let’s not forget the temptations of Malabar,Kashmir,Nizam and even few wanted that the state of Tamill Nadu be separated from India and be declared as an independent country. But all these were handled deftly. Yes. Kashmir was a different theatre and it is a symbol of political mis-management. Separate and greater Nagalim was indeed one such demand for a separate state since independence. We should not be in yet another 370 like situation. Aspirations such as these could be managed through autonomous administration instead of creating symbols such as separate flag and distinct indication in passports which further divides the concept of India. Autonomous administration political/taxing/financial through democratically acceptable institutions sounds more rationale. Hope Nagaland would not become yet another state with in a state; at least the hard-line fundamentalists in Kashmir claim that they are a separate nation state with in India.

Note : An old write up which I did write in a different blog. Consolidating all my old blogs.

Stifling pragaash – An act of bigotry

In India since time immemorial women are treated as a symbol of shakti hence they were respected and worshipped. It would seem that I am singing the past glory, but it is always good exercise to search for our roots. Else, the whole discipline of history itself would have no meaning. Why Islam and women oppression goes hand in hand. At least when this question is raised some of my muslim friends ask me a question “ Do you say that no hindu oppresses women ?” And my answer to them is no hindu opresses women in the name of religion. I strictly do not want to keep this argument with in the realms of muslims v/s hindus. I have read the grand muft’s statement(http://indiatoday.intoday.in/story/full-text-of-grand-mufti-maulana-bashir-u-dins-speech/1/248798.html) and he sounds to be more concerend on this country which is a surprise for me because for mufti’s such as these country is nothing but the muslim society, I am not sure if he is only refering mulims. But we are living in a democratic country, and these little girls only want to sing and they do not intend to do any slut walk. If our girl kids at teenage age participate in some dance competion and/or other activities in their schools wont we allow them for it. Yes. Men’s sexual appetite is the primary reason, it is a beastly quality and blurs the distinction between a man and an animal, so what do we do.Mr.Mufti please fatwa the government, police etc.,If Mufti’s and Mullahs start issuing the fatwas on those who rape and kill women then atleast there is a scope to discover some reason, but to threaten these young kids is an act of bigotry. Are we to assume that the whole practice of Islam is Anti-women always ?

The CM of J&K shows his support in tweets. Was that a cruel joke. Now who’s responsibility it is to restore public faith in govt. Please do not forget that we are not in a Islamic state where father rapes his 5year old daughter and kills (http://freethoughtblogs.com/taslima/2013/02/03/islamic-preacher-raped-and-killed-his-daugher-but-hardly-got-punishment-under-islamic-laws/) then gets either no or minimum pubnishment. Because it seems in Islam men have rights to kill their daughters and wives and it is no offence. That is ridiculous. They talk about the mandal commision and other rubbish, but cannot guarantee basic rights to their kids. And the leftist morons in India are tight lipped. Good that the CM of J&K called this mafia mufti a “Moron” that is the least he can do. Pragaash should perform in other parts of the country, because it is in kashmir the hard core fanatics live in who butchered and driven out half a million hindus out their native land. Khap panchayats, fatwa issuing morons should be boycotted first to ensure the peace and order. Govt. should send these fatwa issuing idiots in exile may be saudi is the right place. The sharia gibberish is always used justify these unlawful acts. The girls should stand up to this onslaught and tell these mafia muftis, “It is not your business”