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Monday, February 22, 2010
 India's bestest Home Minister evah!

India Inc. appears to be completely enamored by Shri P Chidambaram, who has already been anointed the best Home Minister ever by the secularatti. How quickly we forget that he has been at it for just a little over a year, having taken over the reigns very reluctantly in a politically expedient transition post 26/11. Till date Chidambaram has little to show for other than the creation of ever bigger bureaucracies.

There appears to be little evidence that any serious domestic investigation was even undertaken, if FBI hadn't caught Headley, India's "breakthroughs" post 26/11 would be exactly zero. Despite strong evidence of domestic terror cells in many cities, there seems to have been no attempt to bust these cells. Perhaps one such cell, alleged to be linked to Indian Mujahideen, which in turn is a polymorph of SIMI, may have been behind the recent Pune blast.

Yet, media persons covering the Pune terror attack proclaimed in reverent adulation how Chidambaram had "rushed" from Chennai to Pune and how well he handled the aftermath. This handling mainly consisted of a press conference, held in his preferred style, which is essentially a royal sermon. He does not like to be asked questions, setting the boundaries at the get go. The few he chooses to answer, he makes no attempt to hide his contempt towards the questioner, making hand gestures of impatience, his body language reeking of elitism. He drops recycled cliches ("they have to get lucky just once..") and his fanboys in the media lap it all up.

After Pune, Chidambaram claimed that there had been no intelligence lapses, which is probably true. There had been ample information related to flourishing terror cells in Pune. What was lacking was the political will to act on this information. It is obviously hard to prevent terror attacks, but "you are a sitting duck, too bad" isn't exactly confidence inspiring.

Perhaps what is most astonishing is that even after establishing the much touted NIA, the Pune terror attacks are still being investigated by Maharashtra ATS. Meanwhile there is something brewing with the whole NSA thing.

In any case, minor structural adjustments within the bureaucracy isn't really the job of the Home Minister. A seasoned bureaucrat can pull this through, there is no direct political consequence involved. A Home Minister is supposed to provide vision and handle politically difficult situations. This is where P Chidambaram has so far proved to be a complete failure, sending wrong signals to both fundamentalists and Naxalites.

The Naxalite situation has gotten progressively worse, now we are down to blaming local state governments. One wonders if the said state Governments will be given credit if the situation improves. P Chidambaram himself has denied there is such a thing called Operation Green Hunt.

On the other hand, for someone who insists on taking the secular version of the ministerial oath, P Chidambaram allowed himself to be summoned by an Islamic seminary who then read him the riot act. Chidambaram went with his tail tucked between his legs and then surrendered. A good dog knows his masters. Under P Chidambaram's watch, Kashmir type tendencies has spread throughout India. It started with the student agitations post Batla-house encounter. Conspiracy theories abound yet the Home Ministry remains silent.

If P Chidambaram doesn't wipe off the smirk on his face soon and start showing some leadership, his legacy might as well turn out to be the Kashmirization of rest of India.

Reservation IIT IIM OBC SC ST Quota Arjun Singh Creamy Layer Merit JEE Mandal Commission Arpita Majumdar lathicharge medical strike nanopolitan Abinandanan Barbarianindian The Other India Affirmative Action

posted by barbarindian at 10:52 PM Permalink 4 comments

 15 ...
On February 13, 2010, a powerful blast occurred inside a popular eating joint at Koregaon, Pune. The death toll from the blast has now reached 15. Most of the victims were in their early twenties. There were also scores of people injured, some with visible wounds, some with a scar deep inside ....

Excuse us for this anachronistic post, India has bounced back. We haven't ...

Reservation IIT IIM OBC SC ST Quota Arjun Singh Creamy Layer Merit JEE Mandal Commission Arpita Majumdar lathicharge medical strike nanopolitan Abinandanan Barbarianindian The Other India Affirmative Action

posted by barbarindian at 9:55 PM Permalink 3 comments

Tuesday, February 09, 2010
 Justice gets a Secular angle
In an earlier post (Justice gets a Social Justice angle), we had discussed how the Secular Govt of India is slowly but surely changing the legal framework to incorporate ideas of social justice into it. A recent Supreme Court judgment not only confirms this, but starts an extremely alarming trend:
Poverty could mitigate crime, even murder: SC

In an order that is sure to spark a debate, the court said poor background of the accused should -- along with old age and years spent behind bars while awaiting death sentence -- be considered as mitigating factors when courts ponder whether life sentence should be used in an otherwise fit case for death penalty. The order was passed by a Bench comprising Justices P Sathasivam and H L Dattu while hearing an appeal against death penalty awarded by the trial court as well as Allahabad high court to two members of a gang of bandits convicted for killing four people in December 1995.

The Bench noted that apart from being old, the convicts had been in custody since 1996 and death penalty had hung over their heads since 2005, when the trial court gave its verdict.

The Bench further said, "The convicts (Mulla and Guddu) belong to an extremely poor background. One thing which is clear to us is that they have committed these crimes for want of money. Though we are shocked by their deeds, we find no reason why they cannot be reformed over a period of time." [source: The Times of India]

Were these men particularly destitute? How about the victims? They were farm laborers who had been kidnapped for ransom by the two men. Just because the ransom amount was small (Rs. 10,000) does not make the perps poor, it just reflects the fact that the victims' capacity to pay might not have been very high. To brutally hack to death five farm laborers upon non-payment of ransom does not reflect desperation, it reflects cold blooded sadism of seasoned criminals.

What if the names of the two condemned men had been Munna and Guddu instead of Mulla and Guddu? Your guess is as good as ours, but something tells us no minority is ever going to be hanged in this country, no matter how gruesome the crime. This isn't a stretch, if you take the Sachar generalization across the whole spectrum and apply the observation of the Hon'ble Justices Dattu and Sathasivam, this is but a natural conclusion. Indeed, the secular zeal of UPA is going in this direction for quite sometime now. Recent examples include clemency to J&K youth who had attended terror school in Pakistan and continued attempts by secular politicians to get the UP terrorists off the hook.

A quick search on Justices HL Dattu and P Sathasivam reveals interesting facts. Justice Dattu has Karnataka / Kerala HC background while Justice Sathasivam is a former CJ of the TN High Court. In other words, both hail from citadels of a certain model of social justice. Both are interesting 2008 appointees to the supreme court with a long tenure ahead of them.

It also appears that Justice Dattu had earlier recused himself from the well publicized and infamous Nun Avaya murder case.

Justice Sathasivam appears to be one of those who do not believe in practicing what they preach:
The Supreme Court’s pivotal role in making up for the lethargy of the Legislature and the inefficiency of the executive is commendable. But the law can be dehumanized and the final forensic floor–the Supreme Court–may turn into a dictator. He concluded by saying that the weapon of judicial activism should be used carefully. [source]
That rhetoric would nominally mean a judge who makes the strictest interpretation of the constitution and the laws, and these currently most decidedly do not have any provision for factoring in the "poverty" of perpetrators of heinous crimes in doling out sentences.

These two judges seem to be getting a disproportionate number of Police encounter cases and have presided over the bail plea of Gujarat encounter cops.

This is why we need think tanks to analyze and collate the judgments of supreme court benches, just to make sure nothing funny is going on. Watching this page would be a start.

Trial lawyers all over the country will make a keen note of this case, suddenly we will start seeing a lot of perps on trial suddenly turn poor and destitute, especially if they happen to belong to the minority community.

Reservation IIT IIM OBC SC ST Quota Arjun Singh Creamy Layer Merit JEE Mandal Commission Arpita Majumdar lathicharge medical strike nanopolitan Abinandanan Barbarianindian The Other India Affirmative Action

posted by barbarindian at 12:21 AM Permalink 9 comments