Four Telangana rapists killed in police encounter.Country in euphoria,  celebratory –dancing mood. Hyderabad Police  hailed for ‘ timely action’

Unfortunately, the Unnao  gang rape victim died of 90%  burns in a Delhi hospital  last night. Country is sullen and depressed. A police cop was allegedly caught  in a sting operation by  Republic TV while destroying  real evidences and fabricating  fake evidences  before filing report. The Public  is hugely outraged .

The incredible was yet to come . A five year old girl has been reportedly raped in Bihar’s Darbhanga . Keep counting . Another inhuman act in Uttar Pradesh. A 14-year-old minor teenager was held hostage in a farm, and was gangraped in UP’s Bulandshehr . Rapists  reportedly arrested.

Hyderabad’s Good Police  V/s Bad police of UP,Bihar,controversy . Rapes  have become a national  hobby.Politicians have no time to visit the aggrieved.Chief ministers have no time to spare as they are busy politicking, wooing voters, wasting tax payers funds.

Strangely, no one accuses the Judiciary for delaying  the prosecution of the accused by granting frequent  adjournments on flimsy grounds. All Lords to themselves, not accountable to higher courts or the public.

No one blames the political and administrative  Executive in union Home ministry for delaying  processing  of mercy petitions. All must be identified and prosecuted for non-performance. In the Nirbhaya case, MHA officers and successive union home ministers should be held accountable and punished for dereliction of duties. Conduct a case study in the Nirbhaya case and analyse the results.

Police, across the country is usually corrupt,inefficient and unprofessional . It is rarely effective and co-operative. Always interested in out-of-court settlements and extracting money from both parties.

Change Laws

Law makers in consultation with  top Judiciary ,must change the laws relating to outraging the modesty of women  by covering the following aspects :--

(a)  All criminal proceeding must be completed within three months by the  fast-track courts on day-to-day basis  without adjournments. Delay must attract appropriate punishments. With no  faith in the Rule of Law, the outraged public  demands  time-bound executions ;

(b)   Death penalty must be the Rule rather than the Exception.Life sentence is a liability on public exchequer.They all emerge as hardened criminals. Punishment like  physical and chemical castrations  do not eliminate the menace of rapes;

(c) The juveniles and adults must be treated at par for applying the Laws ; No distinction, based on  age criteria. Instant  gratification is the common factor ;

(d)  Level of Inquiry Officers (IO) must be upgraded from Sub-inspectors to SHOs (Inspectors). Normally, hawaldaars are sent  to crime sites for inquiries

(e)  Laws on granting bails  must be made  extremely stringent in cases of rapes,molestations and other acts of outraging the modesty of women;

(f)    Duty officers in all police stations who dilly dally  in filing FIRs,complaints to fudge records to show low crime rates  or even refusing to give a patient hearing to the victims and their kins,must be identified and sacked straightaway.They do not deserve milk of human kindness by applying  the Principle of Equity and Natural Justice. Instal Audeo and CCTVs at all police stations for factual recordings.

(g) Surprise checks of  thanas’ functionings  by senior  officers and usually absent beat constables. They are more interested in collecting  haftasThe senior police officers are usually more crazy about appearing on TV channels  for briefings,sometimes irrelevant. Let such jobs be left to SHOs with Questions and Answers by the media and public .

(h) Quantum of  punishment  like life imprisonments and/or  death penalties, must be finalized and executed within three months.

The public  is feeling  hugely outraged by incidents of rapes from Telangana’s Hyderabad to  UP’s Unnao to Bulandshehr and Bihar’s Darbhanga. All in quick succession.

The rage is not impotent, this time. The  Public must keep up the pressure on  Law makers,Judiciary , political and the administrative  Executive must  take the call.Media will ,no doubt continue to play its role,as always.

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Something unusual happened last week in Delhi’s corridors of power, exposing the callous attitude of Delhi’s bureaucracy towards the law makers. Mainstream media covered the event  extensively as the Delhi-NCR was, and still is, reeling under severe air quality with thick smog.

A meeting of the Parliamentary committee of the union ministry of Urban ministry was fixed well in advance on 15 th Nov, 2019. There were only 6 presentees out of 29 members. Notable absentees were Secretary (Environment) , 3  Commissioners of Delhi MCD (East , North and South) , Vice Chairman DDA, CEO,Delhi Jal Board. All conspicuous by their absence.

No prior permission; no nominees. The lapse amounted to administrative misconduct and, more importantly , a clear contempt of Parliament.Absence of key officers from the Parliamentary meet was pre-planned,not  co-incidental.

Who is protecting these elite officers ,one wonders?

It is noteworthy that the pollution in Delhi was one of the most prominent items on the agenda for deliberations.In absence of  key officers for briefing the Law makers,the meeting was deferred.

Why are DOP&T, MHA and Min of Urban Development speechless?

DOP&T in its  detailed 2016 hospitality guidelines  issued to bureaucracy for welcoming MPs, MLAs,had promised strict action for non-compliance.The present blunder is far more serious and calls for exemplary action against one and all.

Strangely, all the above-mentioned  officers have neither been show-caused nor transferred,let alone, suspended.

Even, Gautam Gambhir, the cricketer-turned- BJP, MP chose to ignore the Standing committee meet. The arrogant  sportsperson will have much to explain for insulting  Delhi’s  public-at-large.He was seen enjoying  jalebis at Indore test match against Bangladesh.  No merit , no accountability.

PM Modi as  protagonist of  Good governance, is urged to take the call and penalise the guilty.

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Operation INX Media scam is sub judice? Former FM P Chidambaram is cooling his heels in Delhi’s Tihar jail. All tactics to delay the proceedings have failed.

Prosecution sanctions has been granted  by the Govt to  CBI to proceed against four  ex-officials of  Finance ministry who are allegedly involved in the scam. The controversy suddenly took a curious turn creating ripples in  bureaucratic circles. Reason? A cabal of 71 ex-bureaucrats recently wrote to PM Modi expressing annoyance, displeasure against the ruling dispensation for granting  prosecution sanctions.The protestorsinclude ,among others, former cabinet secretary K.M. Chandrasekhar, former foreign secretary and NSA Shivshankar Menon, former Foreign Secretary Sujatha Singh and former DGP of Punjab Julio Riberio.

While  expressing concern over prosecution of  four former officials , the group of 71 ex-bureaucrats has sought to defend the accused by raising fallacious arguments. Briefly stated, some prominent arguments are : (a) Serving officials will be demotivated if diligent and honest officers are selectively targeted for punishment for no fault of theirs other than that they were implementing the policy decisions of the government of the day ;  (b) It will not be surprising if civil servants procrastinate before processing and examining every proposal of importance, as they have no guarantee that they would not be implicated in criminal proceedings many years later; ( c) "selective targeting" of retired and serving officers, apparently for "gaining narrow political advantages”.

One is entitled to know the rationale of raising simplistic issues.Did the ex-bureaucrats  have access to actual records? If not, how could it pre-judge the case and give  clean chits to the four accused,portraying  them with same dirty brush? How could the protestors attribute motives to the Government, accusing it of political vendetta? There is surely something  more than meets the eye. Unholy nexus in a high profile scam involving a former union Finance minister of UPA vintage seems  a certainty. The  matter cannot be allowed to rest. Why not await court’s verdict on  the charge-sheet framed by the CBI? On what basis, is the court being brazenly influenced by extraneous  considerations ? Some invisible political power is at work to protect the principle accused.

Recall the background of introducing prosecution sanction by competent authority. Taking prior sanction for prosecution of officers of the level of Joint Secretaryies and above, was included to safeguard the  honest civil servants and senior PSUs executives,who are engaged in rendering policy advice and taking commercial decisions. The  requirement is mandatory under Prevention of Corruption Act 1988 and Art  197 of IPC. Further, CVC has also to recommend sanction for prosecution. The  cabal of  71 ex-bureaucrats ,has no business to interfere and vitiate the process of law. Only a special judge is competent to take cognizance of an act of corruption.

While , honest public servants do require protection,it is equally necessary to assure the public that  provision was not meant to be misused as tools by the Government to protect its  favourite public servants,who are otherwise corrupt. The sanctioning authority must have taken into account all facts and circumstances of the case before  granting prosecutions sanctions. 

The CVC has been regularly urging successive governments in its annual reports to expedite prosecution sanctions in several cases to facilitate investigation by the CBI.  The CVC is furnishing statistics of cases pending prosecution sanctions cases by the Government. On the contrary, in present case,71 ex-bureaucrats are  questioning the issue of prosecution sanctions. Worse still, they are trying to obfuscate the government and the court rather than enlighten them by bringing in extraneous factors like ‘political vendetta ’. Does this not attract the Contempt of Court?

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No Government decision is perfect. These usually have loopholes for exploitation by sly, manipulative forces.

A deadly combination of unquestioned authority of the elected executive on the appointed executive and latters' pliability to  political class determines the final decision.

On the economic front, top industrial houses operating through mafia, influence all decisions in the guise of  fake stake-holders,

Rampant quid pro quo deals between top business houses and the politico- bureaucratic Executive. Open secret for the gullible masses.

No place for Ethics and morality in Governance. Uninformed public willingly   fall in line and remain callous,insensitive,unruffled.

Top Judiciary is helpless ,as always , in preventing the subordinate courts from blatantly indulging in corrupt practices, particularly in matters of  granting bails, long adjournments etc. All pronouncements  are non-speaking and hence without accountability. All courts are Lords to themselves.

India's economy is in a shambles. With fast-paced economic slowdown , the GDP growth rate slippped to 4.5 %, in  second quarter of the current fiscal , lowest ever during the past 6 years of NDA's rule or misrule,one cant say.

Where is India heading for?  No one knows?

God is clueless and is repeatedly failing . And,so has PM Modi.

" Modi ji's Man kee baat" is increasingly sounding more hollow, more boring. Sheer waste of  national time. Resentment against BJP is rising exponentially. A wake-up call for all political parties. BJP’s super-moronry is gain to all its detractors

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We celebrate the ‘Constitution Day’ every year on Nov 26.

This is despite rampant discrimination both Constitutional and Statutary, that prevails in our hierarchy- driven society

Consider case of women prohibited from entering Hindu places of worship. Supreme court got scared of non-compliance of its rulings on Sabrimala temple by Kerala government.

The Apex court wants to take a final view only after considering practices in other religions.

No deadline was fixed for final decision. Procrastination amounted to avoidance of decision.

In the meanwhile,  police atrocities against the ' ineligible hindu women' continues brazenly unabated,unabashed, in Kerala and elsewhere.

Can devotees of all religions in India, who are feeling discriminated against in their own religions , not form a Union to fight the case jointly in the Apex court ?

The Unions of devotees will give their members the strength to negotiate with their  biased co-religionists  for equal rights through collective bargaining.

Gender equality is intrinsically linked to sustainable development and is vital to  realization of human rights for one and all.

 

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Democracy with brutal majority by single party,leads to one-man dictatorship and institutional marginalisation. Democracy gives us freedom to elect our own dictators. No rule of Law. Growing  intolerance.

Democracy with fractured mandate leads to political chicanery,the game of 'Snakes&Ladders',horse-trading for quid pro quo, kidnapping elected representatives and locking them inside 5-star hotels, resorts in differen cities to obfuscate their hijackings, transferring black money to allure greedy politicians.

There is cut-throat competition in Maharashtra among unscrupulous politicians to achieve the elusive magic number. Massive scramble for lucrative ( cash-rich) portfolios in Cabinet, as part of package. There is no room for  political ethics and morality in the Indian polity.

In our country, politicians must be changed as often as diapers!

If not done, democracy in India will die a slow death,which it has already started doing anyway.

 

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If Yogi is worth his salt,the bigoted hindu protestors must be arrested forthwith for sowing the seeds of inter-faith hatred between the hindus and muslims.

The brazenness with which the protestors have been on dharna for a couple of weeks, reveals they are creating nuisance at the behest of misguided elements who own divisive mindsets.

Yogi has proved himself as an incompetent ,callous, biased and insensitive leader. A liability on Uttar Pradesh and a stigma on hinduism.Totally unfit to hold the sensitive portfolio of Chief Minister. The loose cannon poses a potential threat to maintenance of communal harmony in the country. Must be booked under IPC for instigating hindus against the muslims.

Why is BHU management speechless? Why are misguided goons given a long rope and vitiate the  relaxed ambience of the campus?

PM Modi is urged to take the call to avoid further escalation of tension in the present volatile scenario.

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Apropos Whispersinthecorridors.com’s political News dt Nov 12,2019 : "After demolition in 1992, the then PM Narasimha Rao had publicly announced that the damaged mosque would be re-built; but, even after 27 years, the Congress taking a complete U-turn did nothing "

Some noteworthy points about funding.

The cost of rebuilding the mosque at the allotted site must be met by the Congress.On the same analogy,the cost of building the temple should be borne by the BJP- VHP.Due to secular credentials of the Constitution, taxpayers’ money cannot be utilized on religious activities.The issue relating to source of funding must be settled.

The alternate plot of land ( 5 acres) in a prominent area in Ayodhya, should be allotted free of cost by the Centre for constructing the mosque. Similarly, no cost could be charged for handing over the ownership of the Ayodhya land for temple construction.

Let us also have a look at other implications of SC’s verdict .

The Apex Court while settling the Ayodhya title suit, termed the demolition of Babri Masjid as a crime that “shook the secular fabric of the constitution”. This is a serious indictment by the highest court ,entailing punishment to the guilty from 2 to 5 years imprisonment.

It may be recalled that eight leaders like LK Advani, MM Joshi, Uma Bharti and Vinay Katiyar, Ashok Singhal, Giriraj Kishore, Vishnu Hari Dalmia, and Sadhvi Rithamabara, were charged with promoting enmity and hatred through “false and mischievous news”.

Let us ignore those who were held guilty but are no longer alive to receive the punishment. These are: Bal Thackeray, Giriraj Kishore, Ashok Singhal, and Paramhans Ramchandra Das. Some were given Constitutional assignments to provide immunity against legal proceedings. Kalyan Singh was a prominent beneficiary.                                                            

The Allahabad High Court ( Lucknow Bench) ordered dropping of charges of criminal conspiracy against L K Advani, M M Joshi, Kalyan Singh, Uma Bharti, and others.

The UP government has asked for extension of time till April 2020 to wind up the case.

Special judge S K Yadav, who retired on September 30,2-019 was granted extension till completion of the trial and the delivery of the judgement in the Babri Masjid case.

Even his extended term was over on Nov 9,2019,the day of judgement.

What Course of Action is needed in the given circumstances :--

(a) Having regard to Supreme court's reiterating serious indictment terming demolition of Babri masjid as a Crime, the authorities could consider re-opening all cases, if legally tenable, including those closed by District court and Allahabad high court on technical grounds.

(b) Further,in order avoid miscarriage of Justice, the progress of proceedings must be monitored by Hon’ble Supreme court that has made scathing observations.

(c) A new District judge must be appointed with directions to complete the proceedings and pronounce punishment to those who are having a free run despite being charge-sheated by CBI.

It was unjust and unfair to utilize the services of a judge who was granted extension beyond superannuation. Patently wrong per se.

There is no intention to caste aspersions on court’s ’s sense of fair play and justice.However, appointment of a new judge is considered essential to dispel suspicions ,if any, from the public mind in a highly sensitive case like this.

 (d) The entire case must be completed on priority under Supreme court's monitoring.

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After consulting Gen Bajwa , Indian Congis and Commies, Pakistan minister Sheikh Rashid has announced a full-scale war between the two countries during Oct-Nov,2019.

Naya Pakistan is far more hostile,untrustworthy than Purana Pakistan.

Has India agreed to refrain from launching surgical strikes, till then, even despite daily killings at the LOC?

Is India waiting for more 26/ 9 type Mumbai type terror attacks or onsets of snow falls?

Pak-trained commandos about to enter Gulf of Kutch and fidayeens through the LOC.

Pak is continuously shelling indian civilians.

What happens to the doctrines of Cold start and Pre-emptive strikes.

A Hybrid war against Pakistan involving the Navy, Airforce and the Army and opening multiple fronts, are urgently needed.

Delay will be counter-productive.

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No single  woman politician in India is fortunate enough to be endowed with  twin qualities of talent and glamour. Brain and beauty are antithetical.

I have still made an honest attempt. Nusrat Jahan ,the newly elected MP from TMC ,could be rated as the most glamorous, progressive, open-minded leader-cum-actress.

No intention to hurt any one out of 30 women shortlisted by WIC.

 

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About A.K.Saxena

A K SAXENA, an Indian national, is a retired civil servant from Government of India He is also a freelance journalist with several published investigative articles and columns in various fields to his credit. His writings are a reflection of his interest in writing on divergent themes and making the topics relevant to a wider audience. A post graduate in Chemistry from University of Delhi,he could not sustain his interest in pursuing research and instead chose to enter the government service through the IAS etc exam held by the UPSC. “KALASAVYA” that brought out several publications besides organizing cultural shows.


You can contact me at

aksaxena1947@gmail.com

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