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The DNA: Lessons from Malegaon
A Mumbai
court on Monday discharged eight of the accused in the September, 2006,
Malegaon terror attack case, in which 37 people were killed. It was a serious
attack because Malegaon is known to be a communally sensitive town in the
state. There was another terrorist assault in 2008 as well.
The Anti-Terrorism
Squad (ATS) of the state government had pointed an accusing finger at members
of the Students Islamic Movement of India (SIMI). The ATS’s conclusions were
backed by the Central Bureau of Investigation (CBI). But the case took a turn
when the National Intelligence Agency (NIA) took over the case. It had
disagreed with the ATS and CBI. It told the Maharashtra Control of Organised Crime
Act (MCOCA) court that there was no evidence against the accused youth, who
happen to be Muslims.
Surprisingly,
the NIA has opposed the discharge despite there being no evidence against the
accused. The court has however decided on discharging the accused, who had
spent time in prison from 2006 to 2011, and who have alleged that they have
been subjected to custodial torture. This does not however follow that it is
the Abhinav Bharat group, comprising Aseemanand, and Colonel Purohit, who are
then responsible for the blasts. It remains a separate investigation and the
court has to arrive at its own conclusion. It has also to be noted that two of
the eight discharged in this case have been convicted in the July 7, 2011,
Mumbai train blasts.
This is not
the first time that Muslim youth accused of a terrorist act have been found
innocent. In the Mecca Masjid blast case of 2007 too, the accused youth after
prolonged police custody and alleged torture had to be freed because the
investigation could not produce evidence against them.
What makes
the Malegaon blasts investigation thorny is the issue of whether the culprits
were Muslims or Hindus. The ATS and CBI thought they were Muslims. The NIA has
unearthed the Abhinav Bharat angle. The basic question should have been as to
who are the individuals behind the terror blasts, and not whether they were
Hindus and Muslims. A terrorist attack cannot be seen in terms of jihadi or
saffron terror. Investigations will follow an unfair course if communal
assumptions are the driving force behind the investigations. A major lesson to
be learned from the Malegaon case is that it has to remain a purely criminal
investigation and extraneous biases cannot be allowed to impact the case.
It would be
unfair to blame the police for their initial prejudices. Unconscious communal
prejudices will be at play. It would be better that the police be aware of them
rather than deny them altogether. There have to be checks and balances at
different stages of investigation. The courts have maintained fair standards of
impartiality while dealing with terror cases. But margins of error cannot be
ruled out because neither the judges nor the investigators are infallible.
What makes
the issue explosive and unduly charged is the partisan public discourse in the
country from the Hindu and Muslim right-wingers on the one hand, and the
self-proclaimed liberal intelligentsia on the other. Sections of the media too
tend to support one or the other of the two. These debates do affect how terror
cases are perceived by the public. It would be futile to sanitise public
discourse. Partisan positions will remain loud and strident. It is then left to
the investigators and the courts to walk the narrow of path of fairness and
impartiality.
Thorny
(PROBLEM/SUBJECT)
> A thorny problem or subject is
difficult to deal with:
The thorny issue of taxation
Unearth
› to discover something in the ground:
Building at the site was halted after human
remains were unearthed earlier this month.
› to discover proof or some other
information, especially after careful searching:
A private detective has unearthed some
fresh evidence.
Extraneous
› not directly connected with or related to
something:
Extraneous information
Prejudice
> an unfair and unreasonable opinion or
feeling, especially when formed without enough thought or knowledge:
Laws against racial prejudice must be strictly
enforced.
[+ that] The campaign aims to dispel the
prejudice that AIDS is confined to the homosexual community.
Infallible
› never wrong, failing, or making a
mistake:
Even the experts are not infallible.
Futile
› (of actions) having no effect or
achieving nothing:
Attempts to get supplies to the region are
futile because troops will not allow the aid convoy to enter the city.
Strident
(LOUD)
› A strident sound is loud, unpleasant, and
rough:
People are put off by his strident voice.
Strident
(FORCEFUL)
› expressing or expressed in forceful
language that does not try to avoid upsetting other people:
A strident newspaper article
They are becoming increasingly strident in
their criticism of government economic policy.
The Hindu: Of umbrage and exception
Counselling caution is not
easy in public life. Be too subtle, and you risk falling below the radar.
Sharpen your observations to get the point home, and you risk upsetting
sensitivities, genuine as well as contrived. Reserve
Bank of India Governor Raghuram Rajan’s remark seeking to put India’s economic performance in perspective has drawn predictable
criticism. Using a familiar Hindi metaphor, “andhon
mein kana raja”, or “in the land of the blind, the one-eyed man is king”,
he had warned against exulting about India’s seven-odd per cent GDP growth amid a global slowdown.
In the course of an interview on the sidelines of the International Monetary
Fund’s spring meeting, he said our growth figures must not make us believe that
all is on track, and went on to count the green shoots of recovery India needs
to nurture. It has long been Dr. Rajan’s theme song that economic management
needs leadership to be on top of every possible anxiety. In 2005, it led him to
wade against the feel-good current of the heady pre-2008 era, and warn a
gathering of leading economists in Wyoming, U.S., that crafty instruments such
as credit default swaps were endangering the financial system. They didn’t
listen. And post-2008, Dr. Rajan instantly acquired an oracular aura. And in
his current job as Governor of the central bank, he has continued to heed every
collective anxiety and recommend that India redouble its efforts to grow
faster.
That was
perhaps the background for the “one-eyed king” metaphor. But Dr. Rajan has had
to wheel back, and apologise for any hurt he may have caused the blind or
visually impaired. Clearly, in the post-Greenspan age, a central banker does
not have the defences available to the brainy professor to blink his way out of
misconstrued, if not misconstructed, sentences. In fact, no one within coughing
distance of a political stage does. Ask Gloria Steinem, who worried that young
American women were missing the feminist logic of supporting Hillary Clinton in
her quest for the Democratic nomination, as the “boys” were with rival Bernie
Sanders. Or ask Shashi Tharoor. He’s had to explain himself hoarse to retrieve
context for his comparison of Kanhaiya Kumar to Bhagat Singh. In a media
culture of too much information, often it is the juiciest and potentially most
controversial that spins the news and social media cycle. Words are easily
taken out of context and their repetition frays even reasonably thick skins,
and in the end we are all a collection of raw nerves. Public figures have the
option of waging their argument regardless, and pausing only for the
politically correct, and humane, apology — as Dr. Rajan did. Or of heeding the
advice that his predecessor as Chief Economic Adviser, Kaushik Basu, got when
he moved out of academia into a Raisina Hill office: “I should make sure not
only that no sentence of mine conveyed some unwarranted message but also that
no consecutive set of words within the sentence conveyed a wrongful message
since in reporting my comments the media, in their eagerness to make news,
could drop words at the start and end of my sentences.”
Take
umbrage
› to feel upset or annoyed, usually because
you feel that someone has been rude or shown no respect to you:
Will she take umbrage if she isn't invited to
the wedding?
Subtle
> not loud, bright, noticeable, or
obvious in any way:
The room was painted a subtle shade of
pink.
The play's message is perhaps too subtle to
be understood by young children.
› small but important:
There is a subtle difference between these
two plans.
Contrived
› artificial and difficult to believe:
I enjoyed the film, but felt the ending
was a bit contrived.
His excuse sounded a bit contrived.
Exult
› to express great pleasure or happiness,
especially at someone else's defeat or failure:
They exulted at/over their victory.
Wade
› to walk through water or other liquid
with some effort, because it is deep enough to come quite high up your
legs, or thick :
The river was full but we managed to wade
across.
We waded a shallow river.
Oracular
› mysterious and difficult to understand,
but probably wise:
An oracular statement
Misconstrue
› to form a false understanding of the
meaning or intention of something that someone does or says:
She said Harris had misconstrued her
comments.
Hoarse
› (of a voice or a person) having a rough
voice, often because of a sore throat or a cold:
A hoarse voice
She sounded a bit hoarse.
The Hindu: A desperate situation
The pendency of cases in
India’s overburdened and understaffed judiciary is well documented. The
emotional appeal made by Chief
Justice T.S. Thakur on Sunday
in the presence of Prime Minister Narendra Modi has added a sense of poignancy
and urgency to the issue. The numbers are startling: against a perceived
requirement of about 50,000 judges, the country has a judicial strength of a
mere 18,000, while more than three crore cases are pending in various courts.
In the Supreme Court, the current pendency is 60,260 for a Bench consisting of
31 judges. As many as 434 posts of High Court judges are vacant, while a docket
burden of 38.68 lakh cases is stretching available infrastructure and resources.
The problem, however, is not new, and the current crisis has been bearing down
on the judiciary for some years now. Occasional observations made by the
superior judiciary on the alarming state of affairs, be it as part of court
proceedings or at formal functions where Law Ministers and judges congregate,
elicit some sympathetic noises or ad hoc responses.
But substantive and concrete measures to resolve the twin problems of mounting
arrears and chronic shortage of judicial resources are not forthcoming. Thus,
the sense of frustration palpable in the appeal by the Chief Justice is
entirely understandable.
The
litigation over the National
Judicial Appointments Commission, which
ended with the Supreme Court striking down both a constitutional amendment and
legislation to establish the body, may have delayed some appointments. But with
no change envisaged in the memorandum of procedure for fresh appointments to
the superior courts, neither the government nor the Collegium should be bogged
down anymore by differences, if any, over individual recommendations. However,
the Chief Justice was not merely drawing attention to delays on the part of the
executive in clearing appointments to the higher judiciary; he was also hinting
at the absence of any significant initiative to increase the strength of the
subordinate judiciary and the lack of empathy for poor litigants and undertrial
prisoners, who suffer the most because of judicial delay. The situation demands
an ambitious infusion of manpower and financial resources, for which even State
governments will have to contribute immensely. It is said that a modern society
would ideally need 50 judges per million population. However, the Law
Commission, in its 245th report two years ago, had pointed to the
impracticability of using the number of judges per million population (the
official figure for India in 2013 was 16.8) as a criterion to assess the
required judicial strength. Instead, it had suggested a ‘rate of disposal’
method by which the number of judges required at each level to dispose of a
particular number of cases could be computed based on analysis. The Centre and
the judiciary should collaborate on finding practical solutions: appointing
more judges, including retired judges as ad hoc judicial
officers, based on periodic needs assessments, increasing their retirement age,
and deploying judicial resources efficiently.
Desperate
adjective (SERIOUS)
> very serious or bad:
Desperate poverty
A desperate shortage of food/supplies
The situation is desperate - we have no
food, very little water and no medical supplies.
› very great or extreme:
The earthquake survivors are in desperate
need of help.
He has a desperate desire to succeed.
Poignant
› causing or having a very sharp feeling of
sadness:
The photograph awakens poignant memories of
happier days.
It is especially poignant that he died on
the day before the wedding.
Startling
› surprising and sometimes worrying:
Startling results
He made some startling admissions about his
past.
Elicit
› to get or produce something, especially
information or a reaction:
Have you managed to elicit a response from
them yet?
Ad
hoc
› made or happening only for a particular
purpose or need, not planned before it happens:
An ad hoc committee/meeting
Mounting
› gradually increasing:
Mounting anxiety/excitement
Palpable
› so obvious that it can easily be seen or
known, or (of a feeling) so strong that it seems as if it can be touched
or physically felt:
A palpable effect
Her joy was palpable.
Envision
› to imagine or expect that something is a
likely or desirable possibility in the future:
He envisioned a partnership between business
and government.
The company envisions adding at least five
stores next year.
Be/get
bogged down
› to be/become so involved in something
difficult or complicated that you cannot do anything else:
Let's not get bogged down with individual
complaints
UK Try not to get too bogged down in the
details.
Indian Express: Blunder on Isa
Last week, when news broke that India had granted ethnic Uyghur
dissident Dolkun Isa a visa to attend a conference in Dharamsala, New Delhi’s
policy community all but rang temple bells in celebration. Finally, enthusiasts
trilled, the muscular China diplomacy Prime Minister Narendra Modi had promised was in play — handing
long-overdue payback to China for blocking Delhi’s efforts to have
Jaish-e-Muhammad chief Masood Azhar sanctioned by the UN. The euphoria crumbled
on Monday, when the external affairs ministry announced it had cancelled Isa’s
visa, in response to irate Chinese protests. Delhi’s official position is that
Isa, who holds a German passport, applied for and obtained a tourist visa
online, which was not valid for visitors wanting to attend conferences. There
was no intention to send any diplomatic message to Beijing by granting a visa
to Isa, the MEA said — and thus, no question of back-peddling by revoking it.
Delhi’s explanation is disingenuous. The government, like the
public, has long known that a coalition of Chinese dissidents — among them,
figures hailing from terrorism-torn Xinjiang, members of the Falun Gong sect,
and democratic rights activist Jianli Yang — were scheduled to meet with the
Tibetan leadership in exile later this month. No meeting like this could have
been organised without the Indian government’s consent, so the question of
whether Isa had the right kind of visa or not is largely academic. The fact
that such a meeting is being held is meant to signal Delhi’s ire at Beijing’s
refusal to acknowledge its concerns on terrorism.
Delhi, though, had reason to back down. For all the bad press
China gets in India, the fact is it doesn’t provide Indian separatists a
platform in Beijing: There are no Hurriyat Conference seminars in the Forbidden
City, nor lobbying offices for Northeast insurgents. Had India allowed Isa to
come, there’s no doubt China would have retaliated, thus sparking off a series
of tit-for-tat actions. Moreover, the gains from having Azhar sanctioned are
low: UN sanctions against thelashkar-e-Taiba, for example,
or for that matter against al-Qaeda, have done little to degrade those terror
groups. There’s no doubt that India must find the means to respond to China’s
disgraceful stonewalling on the sanctions issue, but it must be tempered by
cold-blooded appraisal of the costs against the — minimal — gains. Giving Isa a
visa was the equivalent of administering the dragon a kick in the shin — an act
that, satisfying as it might be, was profoundly unlikely to coerce it into good
behaviour. Taming the dragon will need thought-through strategy, not the showy
bravado of the schoolboy that this sad affair put on display for the world to
see.
Dissident
› a person who publicly disagrees with and
criticizes their government:
political dissidents
Euphoria
› extreme happiness, sometimes more than is
reasonable in a particular situation:
They were in a state of euphoria for days
after they won the prize.
Crumble
> to break, or cause something to break,
into small pieces:
She nervously crumbled the bread between her
fingers.
The cliffs on which the houses are built
are starting to crumble.
› to become weaker in strength or
influence:
Support for the government is crumbling.
Irate
› very angry:
We have received some irate phone calls
from customers.
Disingenuous
› (of a person or their behaviour)
slightly dishonest, or not speaking the complete truth:
It was disingenuous of her to claim she had
no financial interest in the case.
Retaliate
› to hurt someone or do something harmful to
someone because they have done or said something harmful to you:
If someone insults you, don't retaliate as it
only makes the situation worse.
Stonewall
› to stop a discussion from developing by
refusing to answer questions or by talking in such a way that you prevent
other people from giving their opinions:
The interviewer accused the minister of
stonewalling on the issue of tax increases.
Cold-blooded
› behaving in a very cruel way with no
sympathy for other people:
A cold-blooded murder
Coerce
› to persuade someone forcefully to do
something that they are unwilling to do:
The court heard that the six defendants had
been coerced into making a confession.
Business Standard: Twin narratives
Two long-running controversies that
are likely to disrupt the Budget session of Parliament, which convened on
Monday after a recess, highlight a troubling element about the ethics of
governance in India, irrespective of the party in power. These concern the
killing of three men and a woman by security forces in Gujarat in 2004, and the
2008 bomb blasts in Malegaon allegedly organised by Hindu terrorists, which
killed 37 people and injured 125. There are murky claims and counter-claims
being made in both cases involving interference by government functionaries in
a manner that scarcely raises confidence about the veracity and integrity of
the investigative and legal processes.
The first concerns a case filed by the Central Bureau of Investigation (CBI) against the Ahmedabad police crime branch for allegedly conducting a staged killing of four supposedly Lashkar-e-Toiba (let) operatives, who it was believed were planning to assassinate then chief minister Narendra Modi. There are two parts to this controversy: first, whether the encounter was staged and, second, whether the lone woman involved, Ishrat Jahan, was an let operative or not. On the first point, a lower court ruled in favour of a fake encounter, a decision the state government challenged in the Gujarat High Court, where it is being heard. It is on Ishrat Jahan's innocence, a point on which her family insists, that the current controversy revolves (though it is not a legal issue). Those who claim she was an let operative place credence on the testimony by David Headley, an accused in the 26/11 Mumbai massacre, to the effect that he had heard references to her from other let operatives. The fact that Mr Headley is on a plea bargain was not ignored; the National Investigation Agency (NIA) dismissed it as hearsay. Then earlier this year, former Home Secretary Gopal Pillai told a news channel that then Home Minister P Chidambaram had altered a government affidavit to say that Ishrat Jahan was not an let operative (just three years ago, Mr Pillai had supported this position, saying there was no evidence to prove she had let links). Mr Chidambaram's explanation is that the original affidavit had been released without his approval, and that the Gujarat government itself had drawn attention to inconsistencies between it and a magistrate's report on the encounter. Now, the file with the affidavits has mysteriously disappeared. Meanwhile, the police officers accused in the case are all scot-free - one is even considering standing for elections.
The first concerns a case filed by the Central Bureau of Investigation (CBI) against the Ahmedabad police crime branch for allegedly conducting a staged killing of four supposedly Lashkar-e-Toiba (let) operatives, who it was believed were planning to assassinate then chief minister Narendra Modi. There are two parts to this controversy: first, whether the encounter was staged and, second, whether the lone woman involved, Ishrat Jahan, was an let operative or not. On the first point, a lower court ruled in favour of a fake encounter, a decision the state government challenged in the Gujarat High Court, where it is being heard. It is on Ishrat Jahan's innocence, a point on which her family insists, that the current controversy revolves (though it is not a legal issue). Those who claim she was an let operative place credence on the testimony by David Headley, an accused in the 26/11 Mumbai massacre, to the effect that he had heard references to her from other let operatives. The fact that Mr Headley is on a plea bargain was not ignored; the National Investigation Agency (NIA) dismissed it as hearsay. Then earlier this year, former Home Secretary Gopal Pillai told a news channel that then Home Minister P Chidambaram had altered a government affidavit to say that Ishrat Jahan was not an let operative (just three years ago, Mr Pillai had supported this position, saying there was no evidence to prove she had let links). Mr Chidambaram's explanation is that the original affidavit had been released without his approval, and that the Gujarat government itself had drawn attention to inconsistencies between it and a magistrate's report on the encounter. Now, the file with the affidavits has mysteriously disappeared. Meanwhile, the police officers accused in the case are all scot-free - one is even considering standing for elections.
The blasts in Malegaon were traced to a Hindu right-wing group. Last year, the special public prosecutor in the case, Rohini Salian, told The Indian Express that she had been asked by a senior NIA officer to go "soft" on the case in 2014, and was later replaced. Now comes yet another "discovery" by the NIA of a "secret letter" from one of the key accused, Srikant Purohit, apparently warning the army of right-wing terror groups in which he implicates all of the accused. Mr Purohit has long claimed he was an army intelligence operative who had infiltrated Hindu and Islamic terrorist groups as part of his job. The problem with these bizarre developments, which look like political interventions, is that they compromise the legitimacy of investigations by agencies that are meant to be independent. Such irregularities sustain lingering doubts on similar investigations of other cases and underline the importance of people in power maintaining an arm's-length distance from the judicial and investigative processes.
Convene
› to bring together a group of people for a
meeting, or to meet for a meeting:
The prime minister convened (a meeting of)
his cabinet to discuss the matter.
Murky
adjective (DARK/DIRTY)
› dark and dirty or difficult to see through:
The river was brown and murky after the
storm.
Veracity
› the quality of being true, honest, or
accurate:
Doubts were cast on the veracity of her
alibi.
Credence
› the belief that something is true:
I'm not prepared to give credence to
anonymous complaints.
Hearsay
› information that you have heard but do not
know to be true:
The evidence against them is all hearsay.
Infiltrate
› to secretly become part of a group in
order to get information or to influence the way that group thinks or
behaves:
A journalist managed to infiltrate the
powerful drug cartel.
› to move slowly into a substance, place,
system, or organization:
At about this time the new ideas about
"corporate management" had begun to infiltrate (into) local
government.
Linger
> to take a long time to leave or
disappear:
After the play had finished, we lingered for
a while in the bar hoping to catch sight of the actors.
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