Soldiers Have Every Legal Right To Kill Stone Pelters

Even if all the lawyers and Judges of the Supreme Court, all the lawyers and Judges of all the High Courts and all the lawyers and Judges of all the District Courts were to stand on one side and say that soldiers have no legal right to retaliate and kill stone pelters, I would humbly beg to differ with all of them! Soldiers have every legal right to act in self defence. There can be no denying or disputing it!
                                  No law can be above the nation! India exists because of our soldiers and not because of politicians! It is soldiers who protect our nation and not politicians! So why should soldiers not be protected from being targeted by stone pelters who think they have birth right to pelt stones and then there is Centre led by Modi and State led by Mehbooba to withdraw cases against them?
                                          Politicians only know how to divide India just like they divided us in 1947! This alone explains why Justice Markandey Katju calls politicians as rogues and scoundrels! Justice Katju rightly points out that a father named Jawaharlal Nehru created one fake country called Pakistan and the daughter created another fake country called Bangladesh. He predicts that they both were part of India and shall merge with India in the coming years after 15 or 20 years as they are failed states!
                                               What do our human rights activists expect? Do they expect that soldiers keep on braving stone pelting every now and then without ever retaliating? Do they expect that soldiers keep their head down even as stone pelters slap them and their helmet falls in dustbin as we saw in all news channels last year and yet the soldier did not retaliate?
                                               How long will soldiers keep quiet in Jammu and Kashmir? What message is Centre sending? What message is Jammu and Kashmir State Government led by Chief Minister Mehbooba Sayyid sending?   
                                       Why has an FIR been lodged against a serving Army Officer Lieutenant Colonel Aditya Kumar even though he had no hand in firing and killing stone pelters? Why Centre allowed this to happen at the first place? Why FIR not lodged against those stone pelters who without any reason attacked an Army convoy and had attempted to kill a JCO before the troops opened fire? Are those stone pelters above the law of the land?
                                      What message is Centre and State Government sending? Why Centre has allowed State Government of Mehbooba to bulldoze her way? Why has Centre disregarded our brave soldiers? Should we be proud of it?
                                         Why has Defence Minister Nirmala Sitharaman, Prime Minister Narendra Modi and Home Minister Rajnath Singh allowed lodging of FIR against Lt Col Aditya Kumar and others even though they are protected by AFSPA? Why was it ignored that they acted in self-defence as stone pelters wanted to kill them without any grave and sudden provocation? Why no FIR allowed to be lodged against stone pelters?
                                               Why has Centre allowed this to happen at the first instance? What message is Centre sending? Why is Centre discouraging youth from joining Army by encouraging stone pelters by not lodging FIR against them and by promptly lodging FIR against soldiers who acted in self defence?  
                                                  Why has Centre allowed withdrawal of FIR and cases against 10,000 stone pelters? Will this not encourage stone pelting industry in Jammu and Kashmir funded fully from Pakistan? Why Rohingyas allowed to illegally settle in Jammu and Kashmir? Why Rohingyas are allowed to become part of stone pelting industry and still be given Indian citizenship?
                                         Why the father of Maj Aditya was compelled to approach Supreme Court for quashing the FIR lodged wrongly against his son? Why Centre and State failed to reprimand the police for lodging FIR against him and other soldiers who were attacked by stone pelters? Why Centre and States allowed the lodging of FIR at the first place?
                                    What message is Centre and State of Jammu and Kashmir sending? That they stand firmly and fully with stone pelters against whom no case is lodged and stand for ensuring that Major Aditya and other soldiers are sent behind bars for the rest of their lives or are hanged? Which true Indian will ever like this and appreciate them for this anti-national act?
                                              The whole nation is watching how Pakistan is again and again killing our soldiers with anti tank missiles and how terrorists are attacking Army camps and Centre and State strongly demanding that stone pelters be dealt with leniently as they are our own people and how interlocutors are being sent to hold talks with separatists and anti-India lobby! Such suicidal move Centre can ill afford considering the stark truth that next year in 2019 the country will face general elections! Who can  save Centre from facing electoral defeat at the hustings if it fails to rectify its approach?   
                                     The soldiers who fired at stone pelters and killed 3 of them had to fire in self defence as the stone pelters without any grave and sudden provocation started attacking Army vehicles! What can soldiers do under such dire circumstances? Should they offer flower or fruit to such stone pelters who are mad in anger wanting to kill each and every soldier knowing fully well that Centre and State stands fully with them and not with soldiers who dare not respond to their attack?
                                       All in all, soldiers have every legal right of private defence just like any other individual! In addition, soldiers are protected by AFSPA which stone pelters fail to appreciate and they think that they will keep on attacking Indian soldiers who won’t respond for fear of FIR being lodged against them! This approach is nothing but bunkum!
                                            Soldiers have every legal right to kill those who pelt stones at them because no ordinary person will ever throw stone at soldiers! With what  face stone pelters talk about human rights and legal rights when they don’t care about the basic legal rights of our soldiers of not to be attacked without provocation? Also, soldiers have every legal right to defend their fellow soldiers from being targeted and burnt in the manner in which Mohammad Ayub was burnt and beaten to death in 2017 after breaking all his bones! While doing so, if the soldiers fire at stone pelters then the stone pelters are themselves responsible for it as also are those responsible who encourage them by withdrawing cases and paying them for indulging in it most lavishly!
                                          Even soldiers have legal rights and not just stone pelters! India is standing as one nation since 1947 because of soldiers and not because of unruly stone pelters! It is because of the supreme sacrifice rendered by soldiers at very young age of just 20 or 21 or 22 or little more that we all are safe from terrorists and Pakistani invaders who want to destroy our nation completely!
                                     How can we ignore this? How can our politicians ignore this? How can State ignore this? How can politicians ignore this? So soldiers must be defended and in this case Centre has utterly failed to do anything to protect the legal right of soldiers and has mollycoddled in front of Mehbooba who has withdrawn more than 10,000 cases against stone pelters and has ensured that no case is lodged against stone pelters who pelted stones at soldiers!
                                            Lt Col Karamveer approaching the Supreme Court for quashing of the FIR lodged against his son is a national disgrace and Centre is squarely responsible for it by not doing anything to prevent this from happening! What message is Centre trying to send? Whom is it trying to appease?
                                              Why is it not according top priority to our soldiers who always guard our borders and who even help our stone pelters when they are in crisis like floods etc? Soldiers have fired in self defence as well as defence of fellow soldiers and have exercised maximum restraint by killing only 2 or 3 of the stone pelters and not 200 or 300 of them! How can all this be ignored?
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

Shopian Firing: Major’s Dad Moving SC For Quashing FIR

What is happening in India? Why are cases against more than 10,000 stone pelters being withdrawn? Why are Army officers and soldiers being named in FIR for defending themselves against a murderous crowd and for doing their duty of fighting terrorists? Why Centre is watching everything like a mute spectator?
                                            Why the protection afforded to soldiers under AFSPA is being withdrawn inspite of AFSPA still in force in J&K? Why is Centre firm that Mehbooba has to be kept happy under all circumstances? Why is national interest not placed on first priority and instead party interest is accorded the top priority? What message is being sent by Centre?
                                          Why is political establishment out to demoralize soldiers and boost stone pelting as the biggest industry of Jammu and Kashmir? Should we be proud of it? Should Centre justify it in the name of “healing touch” policy?
                                    Why even as Army soldiers are fighting terrorists, crowd pour in and start pelting stones at Army? Why politicians try to justify it? Why politicians slam Army for not exercising restraint?
                                           Why politicians argue that just like DSP Mohammad Ayub was killed by mob and he did nothing similarly Army should also do nothing?  Why is Army supposed not to fire at crowd and brave all injury quietly and die in the manner DSP Mohammad Ayyub died after his body limbs were broken most brutally by mob before being burnt? Why politicians argue that stonepelters are our own people and Army must have tolerance for them as they too have the right to dissent?
                                             Is this the way to dissent that you try to kill those wearing uniform? Have the stone pelters taken licence from senior politicians to pelt stones at Army vehicles and yet soldiers should not retaliate at all? Why is Centre allowing all this to happen? Why is Centre not listening to even its own party leaders like Subramanium Swamy and taking strong action against stone pelters? What message is Centre sending? Will this not encourage lumpen elements all over the country to pelt stones and then get cases withdrawn against them by a Centre who mollycoddles in front of stone pelters, traitors and anti-national elements?
                                        Not surprising that this is emboldening terrorists and even as I am writing this, news is pouring in that terrorists have attacked an Army camp in Sunjwan in Jammu and killed a soldier, injured a JCO and his daughter even as fight is still continuing! But still leaders like Farooq Abdullah and Mehbooba feel that we must talk with Pakistan who is killing our soldiers regularly and engage with them irrespective of how many of our soldiers are killed! Just recently a Captain Vikram and 4 soldiers were killed by anti-tank missile fired by Pakistani soldiers and even as some were demanding a surgical strike and Centre was busy finalizing PM Modi’s trip to Palestine, we see one more terror attack on Army camp! How many soldiers does Centre want to die before taking a decisive action?  
                                       Has Centre accepted Jammu and Kashmir as part of Pakistan? If not then why so much of leniency in dealing with those who attack men in uniform? Has Centre secretly accorded Kashmiris the fundamental right to attack our soldiers whenever they want and in the manner they want and yet it is soldiers against whom FIR is lodged and cases are withdrawn against stone pelters who are hailed by local leaders as “freedom fighters”? Why ever since this government has come to power do we see stonepelters being so emboldened that now they have started disrupting Army operations to save terrorists and yet Centre is taking no strong stand on it and instead inviting ISI agent to visit Pathankot even though they refuse NIA to come to India!  Centre’s most baffling stand is incomprehensible!
                                         It is most shocking and disgraceful that now Army officers are being dragged to police station and courts for doing what is their duty. The father of Army Major Aditya Kumar booked by the Jammu and Kashmir Police in the firing incident in Shopian under the charge of murder (Section 302 of the IPC) and attempt to murder (Section 307 of the IPC) has been left with no option but to move the Supreme Court seeking quashing of the FIR against his son. This is most unfortunate and reprehensible! Why did PM Narendra Modi, Defence Minister Nirmala Sitharaman and Home Minister Rajnath Singh allow this to happen?
                                         To put things in perspective, Lieutenant Colonel Karamveer Singh said his son who is a Major in the 10 Garhwal Rifles, has been ‘wrongly and arbitrarily’ named in the FIR for the January 27 incident at Shopian in which seven Army personnel were also injured as the incident relates to an Army convoy on bonafide military duty in an area under the AFSPA, which was isolated by an ‘unruly and deranged’ mob pelting stones causing damage to many military vehicles. The plea filed through advocate Aishwarya Bhati said the intention of his son was to save Army personnel and property and the fire was inflicted ‘only to impair and provide a safe escape from a savage and violent mob engaged in terrorist activities’. What wrong did he do?
                                            Is this a crime? If this is a crime God help India! Even God cannot help such thankless nation where soldiers are thrown in prison for doing their jobs and stone pelters are rewarded by withdrawing cases against more than 10,000 of them and Pakistani invaders like Gen Pervez Musharraf who masterminded Kargil war in which we lost more than 600 soldiers officially are accorded a royal treatment within 2 to 3 months!
                                          Anyway, coming back to main subject, the petition by Lt Col Karamveer Singh said that, “The petitioner is constrained to file the present writ petition for quashing of FIR, directly before this court in view of the extremely hostile situation on the ground, whereby an FIR has been registered by local police against the son of the petitioner, who is a service army officer and was performing bonafide duties as directed by the Union of India. The manner in which the lodging of the FIR has been portrayed and projected by the political leadership and administrative higher-ups of the State, reflects the extremely hostile atmosphere in the State. In these circumstances, the petitioner is left with no other viable option but to approach this court under Article 32 of the Constitution for protection of Fundamental Rights of his son and himself, enshrined under Article 14 & 21 of the Constitution.” Singh also mentioned about the 2017 incident of a mob lynching of DSP Mohd Ayub Pandith to apprise the top court about the situation in the state and the condition in which Army officials were working to control violent mobs in Kashmir.   
                                               But who is really bothered about our soldiers? Stone pelters are justified on one ground or the other and it is Pakistan which is having the last laugh as Centre is just doing nothing to address this menace except advice Mehbooba to withdraw all cases against them and promptly lodge FIR against soldiers as has been done in this case! I am ashamed to call myself an Indian after seeing all this!
                                       Interestingly, no FIR was registered against the stone-pelters at Shopian for causing injury to Army personnel and property belonging to the Government of India! Who will vote such bunch of leaders in Centre again who are kowtowing in front of traitors and anti-Indian elements  even though they came to power promising dignity and honour for our soldiers? Is this the dignity and honour which they sought to give that most dangerous Sections 302 and 307 punishable with death or life have been slapped against soldiers doing their duty and firing not on peaceful crowd but on mob of stone pelters who were all out to kill these soldiers? Shame on them!
                                      Which self-respecting nation will behave like this? Centre should never forget that it was because of Kargil and honour of Pakistani invader Gen Musharraf that Vajpayee who was the then PM was booted out! Does Modi also  want to go the way his ex-boss had gone? It is for him to decide for himself!
                                          I have not even an iota of doubt that the whole nation stands fully and firmly with Major Aditya and those soldiers who were bravely confronting stone pelters and yet exercising maximum restraint as also with those children of soldiers who have petitioned NHRC to save their parents from hostile stone pelters! BJP will hundred percent lose elections which are just after an year in 2019 if it does not address this national issue most seriously and most swiftly! Even God cannot save BJP from losing if it does not mend its ways and stop appeasing Mehbooba who always speaks the language which no true Indian can ever approve of!
                                                       Our soldiers are regularly getting killed by repeated terror attacks and Mehbooba and Abdullahs still shamelessly talk always about engaging Pakistan and hit out at soldiers for not exercising restraint! Do they want our soldiers to allow Pakistani supporters to kill our Indian soldiers? Why has Most Favoured Nation status shamefully conferred unilaterally on Pakistan by shameless India in 1996 not been withdrawn till now?
                                             Why has it not been declared a terror state till now? Why India just keeps begging other states like US to do so but does nothing itself except shouting at Pakistan in UN meetings and addressing it as “Aatankistan”? Is it meant just for public consumption? Why India has no clear national policy on Pakistan and Jammu and Kashmir as the Governor of Jammu and Kashmir – NN Vohra very rightly pointed out? Why Jammu and Kashmir has not been merged fully and finally with India? Why as former CJI JS Khehar rightly pointed out can one country have two laws, two Constitutions and two flags?  
                                              Why this most third rated appeasement policy which Centre vows it will never do but on ground has been doing continuously? Does Centre wants India to get partitioned again?  Why like Kuwait who has ordered all Pakistanis to withdraw from Kuwait does India also not act similarly?
                                                    Why Pakistani diplomats are allowed to fund terrorists as disclosed by an NIA report recently and why are we having diplomatic relations with them? Why are we allowing Pakistan to corner a major share of Indus water when they are not cooperating with us in any manner? Most shameful!
                                                 Why Centre ignored that Maj Aditya was very far away from the place where the attack on Army vehicle happened? Why Centre ignores that soldiers fired to save the life of their fellow soldiers whom the crowd wanted to kill? Are the crowd of Jammu and Kashmir enjoying special privileges to attack and kill our soldiers whenever they want? Centre must clarify!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.     

SC Quashes All The 88 Mining Leases In Goa

In a landmark judgment with far reaching implications, the Supreme Court on February 7 dealt a severe body blow to Goa’s mining magnets by cancelling leases of all 88 mines and ordered that fresh licences be granted through an auction process. Doubtless, the court’s order will cover every one of 88 mines operational in Goa. These licences were given to 88 companies in Goa in 2015. 

                                            While craving for the exclusive indulgence of my esteemed readers, let me inform them that the Apex Court directed the Centre and the Goa government to grant fresh environmental clearances to them. It said  the state government was obliged to grant fresh mining leases in accordance  with law in view of its previous judgment and not second renewals to mining lease holders. The Apex Court had said in previous judgments that only fresh leases were to be granted by the Goa government, not second renewals.

                                            For my esteemed readers exclusive indulgence, let me also inform them that a Bench of Justices Madan B Lokur and Deepak Gupta said that mining lease holders who have been granted a second renewal in violation of its previous decisions and directions, are granted time to manage their affairs and may continue mining operations till March 15, 2018. The Bench said in no uncertain terms that, “However, they are directed to stop all mining operations with effect from March 16, 2018 until fresh mining leases (not fresh renewals or other renewals) are granted and fresh environmental clearances are granted.” Thus we see that there is no room for doubt on what the Supreme Court wants.

                                         To put things in perspective, the Supreme Court added that, “The second renewal of the mining leases granted by the State of Goa was unduly hasty, without taking all relevant material into consideration and ignoring available relevant material and therefore not in the interests of mineral development.” The decision, the Bench said, was taken only to augment the revenues of the state, which is outside the purview of Section 8(3) of the Mines and Minerals (Development and Regulation) Act. This is certainly a clear setback to the Goa state government!

                                        Simply put, the Bench queered the pitch by stating explicitly that, “The second renewal of the mining leases granted by the State of Goa is liable to be set aside and quashed.” It further also directed the setting up of an SIT and a team of chartered accountants to recover the amount from mining companies, which were allowed to extract ore in violation of the law. A clear wrong was thus made out!

                                            It cannot be lightly dismissed that the Bench of Supreme Court of Justices Madan B Lokur and Deepak Gupta also in the same vein added that, “Judiciary must be very cautious and circumspect in diluting or setting aside an economic policy of the government. Courts must intervene against an economic policy of the government only if it was constitutionally unavoidable. Otherwise, good governance could be a casualty.” The court made the observations after quashing the Goa government’s policy to grant a second renewal of 88 mining leases with retrospective effect. Justice Lokur observed that, “Till recently, policy matters, particularly economic policy, were hands off as far as the courts were concerned.” However, recent decisions had seen the court “partially modify this theory and keep the window open to judicially review a policy if it does not serve the common good.” There can be no denying or disputing it!

 

                                        It is noteworthy that the landmark judgment came on a petition filed by an NGO titled Goa Foundation, which had earlier also raised the issue of companies carrying out mining in violation of various statutes. The Goa Foundation, through its lawyer Prashant Bhushan had argued cogently that the state’s policy on renewing leases did not conform to the Supreme Court’s stand on optimum utilization of natural resources. Bhushan contended that the state government ought to have auctioned the mining leases instead of renewing them.

                                     Truly speaking, Bhushan also pointed out that the mines ordinance approved on 12 January 2015 did not spell out a renewal procedure. He said that all renewals were done before the ordinance came into force with 31 leases being renewed on 12 January, 2015. The Goa Foundation petition alleges that miners and government authorities had colluded to circumvent not just the ordinance, but also the Supreme Court’s ruling of April 21, 2014. The renewal was against the court’s precedents laid down for the appropriate and optimum utilization of natural resources.

                                       According to the petition, 56 leases were renewed between 6 and 12 January 2015, shortly before the ordinance was passed. The petition has named 20 miners whose leases have been renewed. Some of these companies had earlier moved the Bombay High Court seeking to direct the Goa government to consider and grant a second renewal of mining leases.

                                           Be it noted, it was on their petition that the Panaji bench of the Bombay High Court had on 13 August 2014 directed the state government of Goa to execute a second renewal of leases in favour of companies that had paid the required stamp duty. In 2017, the Goa Foundation had appealed this decision before the Supreme Court. The appeal had said that the order “disembodies the directions” of the court.  

                                                Of course, Goa Chief Minister Manohar Parrikar said that there was “no need to panic” over the Supreme Court order quashing the second renewal of iron ore mining leases given to 88 companies in the state in 2015. He also submitted that, “According to my information, there is nothing applicable until March 15. I do not want to comment anything unless I go through it.” He also appeared unperturbed and said that, “…That means different possibilities are open. The order does not come into effect from tomorrow so there is no need to panic.”  

                                        Needless to say, the Supreme Court on February 7 in its 102-page judgment observed how these leases were hastily renewed by the State in 2014 with retrospective effect from 2007, just before an amended Mines and Minerals (Development and Regulation) Act made auction of leases mandatory for mining notified minerals like iron ore. It cannot be missed out here that the judgment by a Bench of Apex Court comprising of Justices Deepak Gupta and Madan B Lokur traced the “rapacious and rampant exploitation” of Goa’s fragile ecology by private mining lease holders, whose sole motive is to make profit for years. This should never have been allowed to take place at the first instance!

                                   As things stand, the Bench said that, “Rapacious and rampant exploitation of our natural resources is the hallmark of our iron ore mining sector – coupled with a total lack of concern for the environment and the health and well-being of the denizens in the vicinity of the mines.” It also added that, “The sole motive of mining lease holders seems to be to make profits (no matter how) and the attitude seems to be that if the rule of law is required to be put on the backburner, so be it.” This landmark judgment came on the petition filed by an NGO, Goa Foundation, challenging the Goa government’s order in 2015 for a second renewal of 88 mining leases. It also set aside the Bombay High Court order allowing the state government to grant a second renewal to mining leases.

 

                                       As it turned out, the Supreme Court said while summing up Goa’s mineral policy that, “The primary beneficiary was, of course, the mining lease holder, a private entity, and the price was paid by the average Goan who had to suffer a polluted environment and witness the damage to the State’s ecology.” The judgment minced no words in narrating the role played by the Goa government in the loot of natural resources. It said the State gave private entrepreneurs mining leases “virtually for a song”. It also held that, “Unfortunately, the state was unable to firmly stop violations of the law and other illegalities, perhaps with a view to maximize revenue, but without appreciating the long term impact of this indifference.”

                                        Truth be told, the Bench led by Justice Madan B Lokur who authored the judgment pulled back no punches in stating unambiguously that, “The State sacrificed maximizing revenue for no apparent positive reason, virtually surrendering itself to the commercial and profit-making motives of private entrepreneurs and ignoring the interests of Goan society in general.” The Bench found that some private miners owed the State “staggering” sums of up to Rs 1500 crore “towards value of ore extracted in excess of the environmental clearance”. It was also held by the Bench categorically that the State government had made no “serious attempts to recover such huge amounts”.

                                               Equally significant is the glaring fact pointed out by the Bench that, “The Union Ministry of Environment and Forests also “played ball” by giving environment clearances to 72 of these mining leases.” The Apex Court quoted from Centre’s own Vishwanath Anand Environment Appraisal Committee set up in 2013 to probe mining illegalities and held that, “There was not a single environment related or mining related law or legal requirement that was not violated by one or the other mining lease holder. Quite clearly, the rule of environmental law in Goa had gone with the wind.” The court found that even groundwater was not spared by the evils of rampant mining.

                                         Let me hasten to add here that the 88 mining leaseholders have now time till March 15 to wrap up their operations. But they have no time beyond March 15. The Apex Court has directed the companies to wind down their operations by March 15.

                                       Let me also hasten to add here that the court also ordered the Centre and the State government to grant fresh mining leases strictly as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957. It banned any second renewals of mining leases. It also directed to recover money from the companies for indulging in illegal mining.

                                                 Briefly stated, the court said there was no need to grant the fresh mining leases through competitive bidding or auction. The judgment also made it clear that, “The State of Goa was not under any constitutional obligation to grant fresh mining leases through the process of competitive bidding or auction”. However, the Apex Court insisted that the Environment Ministry grant fresh environmental clearances to each new mining lease in the State.

                                           To be sure, the Apex Court ordered a Special Investigation Team (SIT) and the team of chartered accountants constituted pursuant to the Goa Grant of Mining Leases Policy in 2014 to submit a report on the illegalities a report on the illegalities that had been committed so far in the State. This is the second time that the Apex Court has intervened to stop illegal mining in Goa. In 2014, in the Goa Foundation case, the Apex Court has found that rampant mining was going on in the State despite all the iron ore and manganese ore leases having expired way back in November 2007.

                                More pertinently, the Supreme Court gave the following important instructions while quashing the mining leases that were renewed by the Goa government –

1.  Fresh Leases: Goa should grant fresh mining leases as per the provisions of the Mines and Minerals (Development and Regulation) Act, 1957.

2.  Green Clearance: Ministry of Environment should grant fresh environmental clearances to the new mining leases as soon as possible.

3.  Stop Operation: Mining lease holders illegally given second renewal should stop operations with effect from March 16, 2018.

4.  File Report: A Special Investigation Team and a team of Chartered Accountants will give a report on the illegalities committed so far.

                                   According to the top court Bench, circumvention of mining and environment related laws is a big tragedy in itself. The Bench further said that, “Laxity and sheer apathy to the rule of law gives mining lease holders a “field day” as they are the primary beneficiaries and the state is left with some crumbs in the form of royalty.” This should never be allowed to happen!

                                         On a concluding note, the Supreme Court has taken very seriously the exploitation of resources in the mining sector solely for profit maximization. This alone explains that why it has not hesitated in cancelling the leases of 88 firms in Goa. It has also pulled back no punches in criticizing the State government for allowing this to happen!

Sanjeev Sirohi, Advocate,

s/o Col BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.

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Five Year Jail Term For Lalu In Third Fodder Scam Case

Let me get moving the nib of my pen by first and foremost pointing out that a Special CBI court in Ranchi on January 24 awarded five years of rigorous imprisonment in jail and a fine of Rs 10 lakh to Rashtriya Janata Dal (RJD) chief and former Bihar Chief Minister Lalu Prasad Yadav in a third fodder scam case RC 68(A)/96 for fake withdrawal of Rs 33.61 crore from Chaibasa treasury out of the five lodged against him 22 years ago. Earlier, a total of 50 accused persons including Prasad and former Bihar Chief Minister Jagannath Mishra were also convicted in the case while six others were acquitted. They were all convicted in the scam case related to the Chaibasa treasury from which Rs 33.13 crore were fraudulently withdrawn against the annual allotment of Rs 7.10 lakh for the year 1992-93.
                                          While craving for the exclusive indulgence of my esteemed readers, let me also inform them that the Special CBI Court of Judge SS Prasad convicted Lalu Prasad Yadav, Jagannath Mishra and 48 others in the RC 68 (A) / 96 fodder scam case which pertained to the fraudulent withdrawal of Rs 33.67 crore from Chaibasa (now in Jharkhand) district treasury during the period of 1992-93. Altogether 56 persons were facing trial in the case. The Rs 900 crore fodder scam probed by the Central Bureau of Investigation (CBI), relates to fraudulent withdrawal of public funds from different government treasuries over fictitious expenditure on fodder and other expenses for cattle.
                                           For my esteemed readers exclusive indulgence, let me also inform them that the CBI counsel BMP Singh told journalists in Ranchi that, “Under different Sections of the IPC and the Prevention of Corruption Act, Lalu Prasad has been sentenced.” Prasad who has been cooling his heels here at the Birsa Munda Central Jail since December 23, 2017, after his conviction in another fodder scam case, appeared in person to hear the verdict. He was given a seat in the courtroom’s front row where he waited for at least two-and-a-half hours until the punishment was pronounced at 2 pm.
                                     To be sure, while communicating the sentence, the Special Judge of CBI Court – SS Prasad announced that Lalu Prasad Yadav had to undergo rigorous imprisonment (RI) of five years for committing offences under various sections of the Indian Penal Code (IPC) and another five years for offences under the Prevention of Corruption Act. The Judge said that, “Both sentences shall run concurrently”.
                                         Of course, Lalu has the option now of appealing in the High Court and then in the Supreme Court. Let us wait and see whether there he gets convicted or acquitted! We cannot prejudge what will happen in Lalu Prasad’s case finally!
                                       Without getting personal, I very strongly feel that those who indulge in corruption and mint crores of rupees must be punished either with death sentence or at the least life imprisonment! Five years or three years or ten years makes a mockery of our legal system and those who are corrupt are easily able to waste many years fighting legal battles and then just come out of jail in few years time! This should never happen!
                                              To say the least, punishment must be either death or life! Nothing else! Also, the property and bank balance of the corrupt should also be seized completely!
                                      Needless to say, the sword of discretion with the Judges that arms them with the option to award minimum punishment which can be very light must be taken away! Corruption cannot be justified under any circumstances! They must be face to face either life or death!
                                         Only and only then will the corrupt fear indulging in corruption! But we don’t see this happening as there have been no changes made in the Prevention of Corruption Act enacted way back in 1988, 30 years ago! Now we see how they come out within few years with a big smile on their face and no sign of remorse!   
                                 To put things in perspective, out of the total 76 accused in this third case of fodder scam, 14 had died during the trial, three became approvers, two pleaded guilty while one has been absconding. Of the remaining 56 facing trial, 50, including Lalu Prasad yadav and Jagannath Mishra were convicted and sentenced to jail terms and fines. Six of them were politicians, three former IAS officers, six Animal Husbandry Department (AHD) officials, one a treasury official and 40 were suppliers to the AHD.
                                       As it turned out, earlier Lalu Prasad Yadav’s lawyer Chitranjan Sinha passionately pleaded for a lighter punishment citing his client’s multiple health issues as the main reason for it. But the CBI, on the contrary, demanded maximum punishment arguing that the accused deserved no leniency as the offences were grave. The CBI’s argument found favour with the court!
                                        Be it noted, Lalu Prasad is currently lodged in the Birsa Munda Central Jail of Ranchi after being convicted for 3.5 years in the RC 64(A)/96 fodder scam case on December 23, 2017. The case pertained to the Deoghar treasury withdrawal in which the quantum of sentence was pronounced on January 6, 2018 by the CBI Special Judge Shiv Pal Singh. Lalu has appealed in the Ranchi High Court against his conviction in the case. He was first convicted in a fodder scam case, RC 20(A)/96 for fake withdrawal of Rs 37 crore from Chaibasa treasury on September 30, 2013 for five years and was barred from contesting elections for a period of six years. Later, he had got bail in the case. In two other fodder scam cases related to illegal withdrawal of money from Dumka and Doronda district (both in Jharkhand) treasuries, verdicts are likely to be pronounced in the coming months! The pending cases are RC 38(A)/96 for fake withdrawal of Rs 3.31 crore from Dumka treasury and verdict expected in February or March and the other is RC 47(A)/96 for fake withdrawal of Rs 139.39 crore from Doronda treasury in Ranchi. The verdict is expected by end of 2018.
                                     Truth be told, Prasad as told earlier has already been convicted in two fodder scam cases in 2013 and 2017 and got five and 3.5 years of imprisonment respectively. His first conviction, on September 30, 2013, was a major blow to the veteran politician who faced disqualification from Lok Sabha and a ban on contesting elections. Lalu has spent about 398 total days in jail till now!
                                       At the risk of repetition, I would say again that corruption must invite the strictest of punishment which should be either death or life along with attachment of all bank accounts and property! There has to be zero tolerance for corruption. Corruption cases must be decided within two years right from the lower to the highest court! If this is implemented earnestly, I challenge that no one will dare indulge in corruption! Those who still dare will meet their just desserts soon! How many will dare then?
                                         But Centre I have to say with regret is just not prepared to change the law of corruption enacted when Rajiv Gandhi was the Prime Minister way back in 1988 and 30 years later we still see no changes being inserted! This alone explains that why now in every state and every big deal we keep hearing of scams involving crores of rupees and still we hardly see quick punishment coming soon! The firm determination to fight corruption will only be displayed when laws on corruption are amended and those indulging in it are punished most strictly as enunciated above! Will it ever be done? It is Centre which holds all the cards!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.  

SC Seeks Original Records On Judge Loya’s Death

Let me start shaking my pen by first and foremost pointing out that the Supreme Court on January 22 said that the court “can’t rest” its “hands” on the death of CBI Special Judge BH Loya in 2014 in view of the controversy swirling around it since a long time ever since it was first reported in the Caravan magazine. The death of Loya came under the spotlight in November 2017 following a report in Caravan magazine in which Loya’s sister and other close relatives raised questions over the circumstances surrounding the death. The Supreme Court demanded the original records on his death to have a look at the circumstances which led to his death. This it felt imperative to understand the exact reasons which led to his untimely death.
                                        According to official records, Judge Loya, 48, died of a massive heart attack in Nagpur on December 1, 2014 that is a day after he attended the wedding and reception of the daughter of fellow Judge Swapna Joshi who is now a Judge in the Bombay High Court. But there have been media reports pointing at several inconsistencies in the factual scenario surrounding his sudden and untimely demise! This is what many feel need to be probed.
                                        At the time of his death, Loya was hearing the Sohrabuddin Sheikh encounter case in which BJP President Amit Shah was one of the accused. Shah was later discharged from the case within a month after Loya died on December 30, 2014. and the trial in the case is expected to begin next week. The CBI is yet to appeal against Shah’s discharge.
                                             Needless to say, the petitioners who are demanding an independent probe into the death of CBI Special Judge BH Loya claimed in the Supreme Court that there were contradictions in the statements of four Judges recorded by Maharashtra police in the matter. A three-Judge Bench led by CJI Dipak Misra on 22 January dubbed the case “serious”. It also said that it would look at all the records.
                                       Truth be told, Justice DY Chandrachud minced no words in making it clear that, “Let it never be on our conscience that we didn’t look at what we should have. We must look at facts. We would like to see everything.” He also said that, “This case involves serious issues. We have to deal with it with a certain degree of objectivity.” Rightly said!
                                      As it turned out, the Bench on 22 January withdrew all the cases pertaining to Judge Loya’s death to itself. The Supreme Court restrained all other courts from dealing with the issue. CJI Dipak Misra waived all procedural technicalities to refuse to issue notice to any party. He said that, “Notice? Why? Who to? The state is here.”
                                    Going forward, the CJI also rejected a plea by Maharashtra to restrain lawyers from sharing any material with the press. He said that, “We will not pass any gag orders. These are now records of the court.” Opening the arguments, Maharashtra counsel and former Solicitor General of India – Harish Salve claimed that after the recent media reports suggesting that it was not a natural death a second discreet inquiry was done with the Bombay High Court Chief Justice’s consent and that inquiry had not thrown up anything. This is a very significant event and cannot be brushed aside lightly!     
                                        Not stopping here, Salve also urged the court to tread cautiously reminding the Bench that the case involved many serving judicial officers, including some elevated to the High Court. Former Supreme Court Bar Association President Dushyant Dave while appearing for the Bombay Lawyers Association which had gone to the Bombay High Court seeking a probe into the death, immediately contested the report. He claimed that “there are very serious contradictions on the face of the record”.
                                              To be sure, Dave alleged that none of the four Judges had accompanied Loya to the hospital the night he died. Dave was baffled to see that not a single Judge accompanied Loya to the hospital inspite of seeing him suffering such a massive heart attack! He also demanded to know why the Judge’s security had been withdrawn in the days preceding his death and contested the entry register of the place he had allegedly last stayed citing RTI replies.
                                            Simply put, Dave said police records show that Dr Prashant Rathi, who claimed to be a relative of Loya, had informed police about the death of the Judge. He asked that, “Why should he have been the informer and why didn’t one of the Judges do this?” There is some merit in what Dave has said!
                                         As if this was not enough, Dave said the Loya matter was initially dealt with by the Sitamarhi police station but subsequent records show the name of Sadar police station. He also questioned why Loya was not taken to reputed hospitals like the Lata Mangeshkar hospital and sought to question the bills raised at Meditrina hospital where Loya was declared “brought dead”. He said that, “The bills were raised under the head of non-invasive lab, neurosurgery, etc., while the police case was that Loya was brought dead to Meditrina.”
                                Truly speaking, Dave said that, “There is sufficient evidence to show Loya never stayed at the guest house. On November 24, 2014, Loya’s security was withdrawn in Mumbai. Why were Loya’s family members not called to the hospital? There are serious contradictions which require a deeper, independent probe. No one has a personal interest in this case.” He also said that, “It is sad that Justice Mohit Shah transferred the first judge in the Sohrabuddin trial. The second judge (Loya) died. The third judge acquitted Amit Shah and others within a month of Loya’s death.” Senior advocates Indira Jaising and Rakesh Khanna too supported the stand taken by Dave.
                                             Elaborating further, Dave asked: “The Sohrabuddin Sheikh case trial is being held in camera. Why?” He demanded to know why there was secrecy over the documents relating to Judge Loya’s death when two High Court Judges had already addressed a press conference claiming it was a natural death. He repeated Amit Shah’s name several times, prompting Harish Salve to protest.
                                                To put things in perspective, Harish Salve said that, “The case is unnecessarily being politicized.” Salve urged the court not to allow any references to Shah. But Dave persisted saying that, “Why should a case not be discussed because it involved someone high?”
                                       Bluntly put, Salve said categorically that, “Let’s not cast aspersions by saying things against a person who holds public office.” Dave retaliated by saying that if cases on Shashi Tharoor and P Chidambaram could be discussed publicly, why not that of Shah? Salve said two district judges had accompanied Loya for the marriage reception in Nagpur and they stayed together in a guest house where in the wee hours of December 1, 2014, Loya suffered a massive heart attack.
                                       Salve also said that, “Loya was taken by the two district judges in a car to a hospital and then to another hospital and then to another. These two judges were later joined by another two district judges. All of them have given statements during the discreet inquiry that they had been with Loya all along during his last hours and that there was no foul play or suspicion about the nature of his death.” “The claim in the media report that Loya was taken to hospital in a three-wheeler was completely baseless as the judges have stated in their statements that Loya was taken in a car to the hospital,” Salve said, adding that the then Bombay High Court Chief Justice Mohit Shah was informed about the developments on a real time basis and the Chief Justice had taken steps for adequate medical help to Loya, who could not be revived. Eventually, the Supreme Court asked the Maharashtra state to produce the complete, original records on Judge Loya’s death.           
                                          It cannot be lightly dismissed that senior advocate Indira Sawhney who has intervened in the case contended that there were several “overwritings” on the records. She said that the court must summon the original documents, including the register of Ravi Bhavan where the Judges stayed the night of his death, to ascertain their veracity.
                                         It is most shocking to learn that Dave even alleged conflict of interest against Salve for having appeared for BJP President Amit Shah who is an accused in the Sohrabuddin case and now representing the BJP-ruled Maharashtra. The CJI-led Bench said that, “We are looking at the circumstances in which Loya died. Let it not be deflected by personal allegations.” Rightly said!
                                     Alleging that the entire “institution” was out to protect Shah, Dave pointed out serious inconsistencies in the records presented by the State and hinted at a larger conspiracy that could possibly be at work to save Shah. The Supreme Court, however, asked Dave not to cast aspersions as on date records suggested that Loya had died a natural death. Unless and until there is substantial evidence against anyone, the lawyers must desist from making sweeping allegations against anyone!  
                                           Of course, hurt by Dave’s diatribe alleging conflict of interest, Harish Salve hit back at the former saying that, “Only some people are concerned about the death while there are some who are using the death of a Judge for other reasons.” As allegations flew thick and fast, the Bench also comprising Justices AM Khanwilkar and DY Chandrachud intervened and asked Dave to lower his voice. Dave had heated arguments with Salve.
                                              Let me hasten to add here that Justice Chandrachud assured both sides of a fair hearing. Speaking for the Supreme Court Bench, he said that, “We are looking into the circumstances that led to a district judge’s death which is a serious issue. Let us look at the matter with a sense of objectivity and not allow the real issue to be deflected by arguments of conflict of interest. Each of you is the judge of his own conscience. We like to see every record and won’t restrict our attention to only those records produced by state.” The court asked both the parties to file documents in a sealed cover. The Apex Court rightly said that, “The issue raised is serious. We must look into the documents with some seriousness. We need objective assistance from counsel, including from Dave.”
                                            All said and done, unless the Supreme Court indicts anyone in this case while delivering its judgment, it shall not be fair on our part to pronounce judgment against anyone because we are not the right person to pronounce verdict against or in favour of anyone. Amit Shah is the BJP President and he too has the right to reputation and the right not to be defamed by anyone. We all must keep our fingers crossed until and unless Supreme Court finally pronounces its verdict on this high profile case! I am sure that truth shall ultimately prevail here also!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

CJI Brings Out A Roster To Allot Cases

Coming straight to the nub of the matter, let me begin at the very beginning by pointing out that after an unprecedented press conference by four senior-most Supreme Court Judges on January 12 over “selective” allocation of cases and amid subsequent parleys to resolve the huge rift, the frozen ice and the huge deadlock has now finally been broken. The Chief Justice of India – Dipak Misra on February 1 published a subjectwise roster for allocation of cases to various Benches. These would be implemented from February 5.
                                                In fact, it would not be an exaggeration if it is concluded that this should have been the norm right from the beginning but it is better to be late than never! The publication of such a roster is a first in the history of the Supreme Court. All credit for it must go to those four Judges who took the great risk risking their own career in the process especially Justice Ranjan Gogoi who is due to take over after the present CJI Dipak Misra retires later this year in November. Justice Gogoi has taken the biggest risk of his life and he has an impeccable record throughout his life and one cannot but appreciate his forthright nature in coming out totally in the open without bothering about antagonizing the present CJI as well as the Centre!
                                                To put things in perspective, the move follows a decision of a Constitution Bench led by Chief Justice Dipak Misra declaring the Chief Justice of India’s dominance as the master of the roster in order to protect the Supreme Court from “anarchy”. The five-Judge Bench, onNovember 10 in 2017, had proclaimed that it was the Chief Justice’s sole prerogative to decide what case has to be heard by which Judge. There can be no denying or disputing this!
                                            To be sure, it had effectively nullified a judicial order passed by the Apex Court’s number two Judge, Justice Jasti Chelameswar to constitute a Bench of the five seniormost Supreme Court Judges to hear a PIL petition for an SIT probe into the Lucknow medical college scam involving an alleged conspiracy to bribe Supreme Court Judges for a favourable order. A Bench led by CJI Dipak Misra had heard the medical college case. A huge controversy had erupted over the composition of the Judges in the roster.
                                                As it turned out, in a sharp departure from past practice where any matter could be allocated to any Bench, Chief Justice of India – Dipak Misra on February 1 had issued a new roster indicating the nature of cases that would be listed before 12 Benches. This latest move is being seen as addressing the grievance of the four seniormost Judges who were not happy with the CJI allotting important cases to any Judge of his own choice even though he/she was much junior as compared to the senior Judges!
                                            Simply put, the new roster shows that the CJI has kept the PIL jurisdiction entirely to the Bench he is presiding over. None of the four seniormost and Collegium Judges – Justices Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph have PILs assigned to their rosters. This again is not correct. Why should four seniormost Judges not hear PILs? But some other positive changes have certainly been made in this roster system!
                                      Truth be told, the Chief Justice’s Bench roster includes PILs, letter petitions, social justice cases, election matters, habeas corpus cases, contempt of court, criminal and all ordinary civil matters, appointments of constitutional functionaries, matters regarding Commissions of Enquiry, disputes on statutory appointments and law officers along with criminal cases. While PILs would be listed only before the Bench headed by Chief Justice Dipak Misra, there is an overlapping of work assigned to different benches as social justice matters would be listed both before the Bench of CJI and that headed by Justice Madan B Lokur. Besides matters pertaining to social justice, Justice Lokur’s Bench will hear matters involving environment protection and conservation, mines, minerals and mining leases.
                                        It is noteworthy that similarly, matters pertaining to religious and charitable endowments will be listed before six different benches. If Bench headed by Justice Lokur is essentially seen as social justice bench, the Bench headed by Justice Rohinton Fali Nariman is being viewed as one largely dealing with corporate matters rooted in company law, mercantile law and commercial transactions. Similarly, Justice J Chelameswar who is the second senior most Judge after the CJI will hear petitions relating to 14 category of cases.
                                      It must be recalled here that on January 12, the four seniormost Judges – Justice Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph had in an unprecedented press conference alleged arbitrary conference alleged arbitrary allocation of work by the CJI and demanded transparency. It is purely because of their outspokenness that we see finally the CJI Dipak Misra relenting and agreeing to bring out roster to allot cases. Had they not spoken out in the media, things would have continued to simmer but nothing would have changed on the ground!
                                             It must also be recalled here that after the press conference, there were hectic parleys that involved the Judges of the Supreme Court, the Supreme Court Bar Association (SCBA) and the Bar Council of India to defuse the crisis. The role played by each of them in defusing the unprecedented supreme crisis in the Supreme Court must be lauded. The SCBA headed by its President – Vikas Singh had come out with a resolution that the Apex Court should follow a roster system for the allocation of matters to the Judges as was prevalent in the Delhi High Court. According to sources, some of the Judges had also suggested to the CJI to examine the roster system prevalent in the Bombay High Court. In fact, this roster system must be implemented not just in Supreme Court alone but also in all the High Courts and not just few as we see right now!   
                                                  It cannot be lost on us that there are at present 12 Benches headed by Chief Justice Dipak Misra and also comprising Justices Chelameswar, Gogoi, Lokur, Joseph, AK Sikri, SA Bobde, RK Agrawal, NV Ramana, Arun Mishra, AK Goel and Nariman. The Bench headed by Justice AK Sikri will exclusively hear appeals against the orders of statutory bodies. It also must be mentioned here that the matters pertaining to employees in top court, High Courts and the subordinate courts, armed forces and paramilitary forces, personnel law, civil and criminal matters, land acquisition and requisition matters, land laws and agricultural tenancies and matter pertaining to educational institutions have been entrusted to various benches.    
                                            As per the roster, the Bench headed by Justice Chelameswar who is the senior-most Judge after the CJI even though he is due to retire soon would deal with matters related to judicial officers, employees of the Supreme Court, High Courts, District Courts and Tribunals for hearings. The Bench will also deal with matters like labour, indirect tax, land acquisition and requisition, compensation, criminal matters, etc.
                                 Going forward, Justice Ranjan Gogoi who is tipped to be the next CJI and who during the press conference had answered in affirmative the concern over the allocation of the PILs pertaining to the late special CBI Judge BH Loya to a Bench headed by a particular Judge has been allocated matters pertaining to labour, indirect tax, company law, MRTP, TRAI, SEBI, RBI, criminal matters, contempt of court, personal law, religious and charitable endowments, mercantile laws, commercial transactions including banking etc. He will also hear matters related to judicial officers, state excise-trading in liquor-privileges, licences and distilleries and breweries.
                              Now coming to Justice Madan B Lokur. He has been allocated matters including service, social justice, personal laws, land acquisition, mines and minerals and consumer protection. He will also hear matters related to ecological imbalance, protection and conservation of forests throughout the country, protection of wild life, ban on felling trees and falling of underground water level. Justice Kurian Joseph’s Bench has been assigned to deal with matters including labour, rent act, family law, contempt of court, personal law etc. He will also hear matters related to religious and charitable endowments and all land laws and agriculture tenancies.
                                 Now coming to Justice Arun Mishra who became the root cause of the controversy as he was given important cases by CJI even though he figured low in the seniority list. The roster has assigned to him matters related to admission and transfer of candidates in engineering and medical colleges which recently saw a sitting High Court Judge – SN Shukla and a retired High Court Judge of Odisha – IM Quddusi caught on the wrong foot. Quddusi was even arrested as part of the probe. Justice Mishra will hear matters related to all admissions/transfers to engineerings and medical colleges, allocation of 15 percent all-India quota in admissions/transfers to medical colleges and establishment and recognition of educational institutions. He will also hear labour, land acquisition, service, criminal, family law and ordinary civil cases. But he has been divested of the PIL matters. He had also recently recused himself from hearing the PILs related to the death of Special CBI Judge BH Loya who was dealing with the Sohrabuddin Sheikh fake encounter case in which the name of BJP President Amit Shah had cropped up!
                                  Be it noted, the rosters of the four seniormost Judges who had called the joint press conference have been changed to some extent. Now the distribution of matters to different Benches have been made absolutely clear. This is certainly a good thing and a good beginning has been made. This is also clearly an acknowledgement that “something was amiss” in the earlier system and this was certainly a “moral victory” for the stand taken by the four seniormost Judges! Now let us see how this gets implemented in the days ahead!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

How Long Will Politicians Justify MFN Status To Pakistan?

 It is most hurting to see that Pakistani Army is killing our soldiers and those living in border areas which includes children, women old people etc most mercilessly yet our politicians are fully determined that Most Favoured Nation Status (MFN) to Pakistan cannot be revoked under any circumstances which India unilaterally granted in 1996! They say that how can we disregard Farooq Abdullah who is the former Chief Minister of Jammu and Kashmir or how can we disregard Mehbooba who is now the Chief Minister of Jammu and Kashmir! It is their firm demand that even if lakhs and lakhs of soldiers are killed still Most Favoured Nation status for Pakistan must continue and talks with them must continue endlessly!
                                       Just now we saw how Captain Kapil Kundu 22 years old was due to turn 23 on April 10, Rifleman Ramavatar 28, Rifleman Subham Singh 22 and Havilder Roshan Lal, 42, were mercilessly killed after five or six anti-tank guided missiles were fired upon them! Captain Kapil was only son of his mother who just one year back lost her husband but our politicians are firm that they will not go beyond just registering a strong protest with Pakistani High Commission and rendering lip service by saying “Aab bardasht nahin, bharat maange baaadla, ek ke badle daas, daas ke beadle tees etc, Muh tod jaawab denge, surgical strike kaarenge etc”. It is time we move beyond rhetoric and inflict such deep wound on Pakistan that they never again are to attack our soil. But politicians are just not prepared for it under any circumstances for reasons known best to them!
                                     Why can’t India revoke the Indus Water Treay and stop giving all water to Pakistan? Why can’t MFN status to Pakistan be revoked? Why can’t we send suicide squads to Pakistan and blow off their terror training camps as former Army Chief of India – Gen Shankar Roy Choudhary very rightly advocated in a news channel in 2017! Why can’t our politicians expel all the Pakistani diplomats who are indulging in anti India activities and financing terror attacks on India?
                                          How much more shamelessly our politicians will act? How long will our soldiers and people living in border areas along the long border with Pakistan keep getting killed, their houses get destroyed, their schools get burnt, their hospitals also bombed and worst of all even their religious places not spared and still this Most Favoured Nation (MFN) status for Pakistan keep continuing relentlessly which was unilaterally and shamelessly granted to them way back in 1996? How long will politicians ignore everything and keep ranting against Pakistan from every public platform but doing nothing on the ground to substantiate it except returning the cross fire?
                                                    How long will politicians keep insisting that you can change your friends but not your neighbours? How long will soldiers of Indian Army, BSF and other forces keep getting killed on the border regularly after being targeted by Pakistani soldiers, terrorists fully trained and armed to the teeth by Pakistani Army and yet our politicians will continue maintaining cordial relations with Pakistan? How long will our politicians keep going to Pakistan shamelessly without being even invited and keep kowtowing before them like a pet dog?
                                     How long will our Ministers keep threatening of more surgical strikes knowing it fully well that Pakistan cares a damn and keep firing at our soldiers daily on border areas and keep killing them as also the civilians staying near border continuously? How long will politicians shamelessly ignore the repeated demands by leaders cutting across party lines like Shashi Tharoor of Congress, Subramanium Swamy of BJP, Udhav Thackeray of Shiv Sena, Rajeev Chandrashekhar who is independent MP etc of declaring Pakistan a “terror state” and still do nothing on this score? How long will politicians shamelessly call Pakistan as “Aatankistaan” in UN but do nothing to translate it into reality by declaring Pakistan as “Aatankistaan” as Maulana Mehmood Madani who heads Jamiat-e-Ulema-e-Hind very rightly demanded and stop giving it all concessions and nuking all relations with Pakistan?
                                        Why the hell is MFN status for a rogue country like Pakistan who has been waging relentlessly a proxy war against India still continuing till 2018? Should we all Indians be proud of it? Whom are our politicians fooling by openly attacking Pakistan by lip but doing nothing on ground to totally boycott Pakistan?
                                                  Why attack on our temples like Akshardham, Raghunath, etc fail to shake our politicians who still strongly favour MFN status for Pakistan and feel it must continue at any cost come what may? Are we slaves of Pakistan? Then why inspite of facing so many casualties by proxy war sponsored directly by Pakistan are our politicians determined that lives of soldiers and people cannot be above Pakistan and so MFN status for Pakistan must continue unrelenting and unabated?
                                   Why even our national media is so conspicuously silent on it and hardly raises it forcefully? Is there some external power who is behind all this? How can we be so insensitive and nonchalant towards the suffering and brutal killings of people living close to border areas and soldiers?             
                                    Why is India keeping an army of Pakistani diplomats and not sending them off to Pakistan until and unless cross border terrorism stops completely? Why can’t all Pakistanis be expelled from India just like Kuwait expelled all Pakistanis from Kuwait as they are a threat to their national security? Why inspite of NIA disclosing that Pakistani diplomats were funding separatists and terrorists to carry out more terror attacks in India still no strict action is being taken on the ground by expelling them all from India? Why are Pakistani diplomats and ex-diplomats allowed to fish in troubled waters by allowing them access to politicians of India, former Army Chiefs of India etc as we witnessed during the recent Gujarat Assembly polls?      
                                       Why inspite of attack on our Parliament, Red Fort and other places of national importance by terrorists trained and sponsored directly by Pakistan are our politicians very firm that MFN status for Pakistan must continue uninterrupted which cannot be disturbed under any circumstances? Is there some grain of truth in what Vineet Narain alleged way back in 1995-1996 that politicians of India receive unaccounted money from foreign countries by Hawala route as was testified even in Jain diaries but  which was not pursued to the end? Is this is what compels our politicians to look the other way and still keep ensuring that MFN status for Pakistan continues uninterrupted and unabated?   
                                          Why even repeated terror attacks sponsored directly by Pakistan and executed by terrorists trained and armed and paid by Pakistan on our financial capital Mumbai as well as administrative capital Delhi and many other cities all across India are our politicians very firm that MFN status for Pakistan must continue and it cannot be withdrawn under any circumstances? Why politicians are not ready to declare Pakistan a “rogue and a terror sponsor country” even though it keeps pleading in UN and also in talks with other countries to do the same? Is it just because of the old adage that, “When money speaks truth is silent?”
                                            What else is the reason behind politicians not withdrawing MFN status from Pakistan and instead placing it in “rogue country status”? Why can’t politicians really speak out on this? Why don’t they speak out when they have nothing to hide from the people as they time and again make tall claims? Can any politician come out in the open and explain on this?
                                         Why inspite of losing lakhs of soldiers and millions of people to proxy war directly sponsored by Pakistan are we not behaving like a tiny country called Kuwait who has not lost so many lives but still has decided to expel all Pakistanis from Kuwait as there are a direct threat according to them on their security and for them national interests are paramount and has severed all relations with Pakistan? Can anyone again explain this to me? Can any politician explain that why just 2 to 3 months of Kargil war in which we officially lost more than 600 soldiers did our politicians decide to invite Gen Pervez Musharraf who was the then Pakistani Army Chief and who masterminded Kargil war like a royal emperor to India?
                                          What did we get in return? Our plane hijacked and dreaded Pakistani terror leaders like Maulana Masood Azhar, Omar Sheikh and others were released  and they later plotted terror attack on Parliament and have till now killed thousands of people and soldiers and are still at large! Gen Musharraf mocked at India and hailed terror leaders as “heroes” and terrorism as “freedom struggle” still why our politician left no stone unturned to woo him disregarding completely the supreme sacrifices made by our Kargil war heroes like Captain Saurav Kalia who along with 5 soldiers of 4 Jat Regiment were tortured mercilessly for 22 days, eyes, ears and nose pierced with hot iron rods, whole body burnt with cigarette and even their private parts were not spared before finally shooting them on the head and then handing their dead body badly mutilated back to India, Captain Vikram Batra who sacrificed his life fighting enemies to win back Tiger Hills etc ?
                                                As if this was not enough, Gen Musharraf even paid Rs 1 lakh cash prize to dreaded Al Qaeda leader Iliyas Kashmiri for presenting him a severed head of an Indian soldier Bhausaheb Maruti Talekar and vowed to keep it with him as trophy! But how are our politicians concerned for whom inviting Gen Musharraf like an emperor and having lunch and breakfast and dinner were more important than anything else within few months of Kargil war? Is this the real reason why Justice Markandey Katju calls our politicians as “rogue and scoundrels”?
                                                Why can’t all Pakistanis be expelled from India? Why can’t our Ministers stop this stupidity of allowing Pakistanis medical help by citing humanity even as our people living close to border areas are regularly on daily basis facing bullets and becoming blind or suffering other physical disabilities yet we see this not affecting our politicians in any manner who are surrounded by many black cat commandoes and who are totally safe and stay in big houses peacefully? Why can’t they go close to border areas and stay there the ground reality for themselves?
                                             Why MFN status was given to Pakistan at the first instance in 1996 when they had engineered the killings of thousands of Kashmiri Pandits and even those Muslims who had supported them in any manner? Why is it still continuing even 22 years later in 2018? Why is J&K not being fully and finally merged with India even after more than 70 years of independence?
                                             What message are politicians sending by lashing out with their lips in public rallies but doing nothing concrete on ground to substantiate that they mean seriously what they say and that it is not said just for public consumption? MFN status for Pakistan! Most disgraceful and most hurting!
                                              Why can’t politicians nuke all relations with Pakistan? Why can’t Pakistan be boycotted completely until and unless they mend their ways? Are we not encouraging them by maintaining still cordial relations with them as if nothing has happened and even inviting and honouring Pakistani invaders like Gen Musharraf? This alone explains why India has always been taken for granted in the international forum!
                                                It will not be an exaggeration if I conclude my write-up by saying, “Politicians are far, far, far more dangerous than Pakistan and Justice Markandey Katju is right when he calls them as ‘rogues’ and ‘scoundrels’ for whom MFN status to Pakistan is more important and not our people and brave soldiers who are being killed mercilessly by proxy war sponsored directly by Pakistan since last many decades yet our politicians are just not affected at all which alone explains why MFN status for Pakistan is still continuing till now without being revoked even once since last more than two decades”! Can on earth there be anything more shameful than this? Which self-respecting nation will behave like this? Why politicians like Digvijay Singh who is former CM of Madhya Pradesh and not just him but even those who have served as senior diplomats like former Foreign Secretary – Mani Shankar Aiyyar address Hafiz Saeed who masterminded Mumbai terror attack in which about 200 people were killed and many other such terror attacks and who vows to liberate J&K from India in 2018 as “Hafiz Sahab” just like a courtier addresses his king! What message are such leaders sending to people? That they favour global dreaded terror leaders like Hafiz Saeed and care a damn for the feelings of millions of Indians who since independence are facing the wrath of terrorists sponsored directly by Pakistan! How long will politicians fool people and keep mocking at our soldiers by constantly going to Pakistan, not resorting to a massive retaliatory action against Pakistan, not scrapping the Indus water Treaty with Pakistan, not expelling all Pakistanis from India, not increasing the budget of defence which is now lowest since 1962 and not expelling all Pakistani diplomats from India and keep tolerating the waving of Pakistani flags and chanting of anti-India slogans in India under any circumstances? Why should citizenship of those who indulge in anti-India acts not be revoked? Why is Centre just taking no concrete action on this even after completing 4 years in power?  
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

New Consumer Protection Bill 2018 Will Entail More Punishment

Coming straight to the crux of the matter, let me begin first and foremost pointing out that a new Consumer Protection Bill has been tabled in the Lok Sabha on January 5, 2018. This was presented on the last day of the winter session of Parliament. The Union Minister for Consumer Affairs – Ram Vilas Paswan introduced the new Consumer Protection Bill, 2018 in the Lok Sabha.
                   Replacing Old Act By New
                                       Needless to say, if all goes well, the Bill will certainly become an Act sooner than later. It will replace the Consumer Protection Act, 1986. The Consumer Protection Bill, 2018 is more wider in its ambit as compared to the Act of 1986.
                            Object Of New Bill
                                      This new Consumer Protection Bill, 2018 seeks to enforce stringent provisions in order to protect consumers by regulating online sales, providing for higher manufacturer liabilities, even restricting tall claims, including some made through celebrity brand endorsers. It thus legislates on at least three new areas vis-à-vis the older law. It seeks to set up an authority to safeguard consumer rights in view of current challenges posed by e-commerce, direct selling, tele-marketing and misleading ads, among others.
                         Wider Scope
                                    As it turns out, the new law will apply to all goods and services, including sale/construction of homes/flats and telecom services. It brings within its fold all forms of selling – offline/online sales, teleshopping, direct selling and multi-level marketing. In other words, this new law envisages wider application covering all goods, services and selling.
                                         Truth be told, while the earlier law did cover unfair trade practices, the current one certainly seeks to make it more comprehensive. It adds practices such as failure to issue a bill or a receipt, refusal to accept a good returned or refusal to discontinue service within 30 days (if it is so stipulated and requested by the consumer) and disclosure of personal information given in confidence, to the list of unfair practices. It also defines unfair contracts. Issues such as excessive security deposit requirements, penalty for breach of contract which is disproportionate to the loss incurred and refusal to accept early repayment of debt on payment of applicable penalty will now fall squarely under its ambit.
                        Product Liability
                                  It must be reiterated here that the highlight of the new law is the inclusion of the product liability action. Thus, we see that when any one of us suffer any harm due to a defect in a product made by the manufacturer, serviced by a service provider or sold by a product seller, earlier there was no fixed liability but now we have a right to claim compensation once the 2018 Bill becomes a law. The 2018 Bill further lays down the appropriate circumstances under which the manufacturer, service provider and seller will be held liable.
                        Conditions For Liability
                                      As for instance, we see now that a product manufacturer will be liable to compensate for harm caused to the consumer under any one of the following conditions. Those conditions are as follows: –
1.  The product contains a manufacturing defect;
2.  It is defective in design;
3.  There is a deviation from the manufacturing specifications;
4.  It does not conform to the express warranty; and
5.  It does not contain adequate instructions for correct usage.
                    Regulator On Anvil
                                    It is well known that to promote and protect the consumer rights, the Consumer Protection Councils at the district, state and national levels are prescribed under the current law. But its biggest handicap is that it is only an advisory body and hence does not have powers of enforcement. To overcome this handicap, this new Bill brings in a regulator for consumer affairs, much like the Securities and Exchange Board of India  (SEBI) for the markets or the Insurance Regulatory and Development Authority of India (IRDAI) for insurers.
                                      To be called the Consumer Protection Authority, the new regulator will be a central authority with offices at the regional level. The new Consumer Protection Authority will have power to monitor and enforce the new regulatory regime that the Bill seeks to implement. The Bill says very specifically that, “This fills an institutional void in the regulatory regime extant. Currently, the task of prevention of or acting against unfair trade practices is not vested in any authority.”
                                      To be sure, this Authority will have the requisite powers to inquire and investigate into complaints and initiate prosecution. It will also be empowered to issue safety notices/pass orders in relation to matters such as recall of goods, reimbursements of the amount paid by consumers, misleading advertisements and unfair trade practices/contracts. This would ensure that consumer protection law is not blatantly violated with impunity as this Consumer Protection Authority would check this and act as a powerful deterrent.
    Consumer Disputes Redressal Commission (CDRC)
                                 It must be added here that the CDRCs will be set up at the district, state and national levels. A consumer can file a complaint with CDRCs in relation to:
(i)                         unfair or restrictive trade practices;
(ii)                      defective goods or services;
(iii)                   overcharging or deceptive charging; and
(iv)                   the offering of goods or services for sale which may be hazardous to life and safety.
Complaints against an unfair contract can be filed with only the State and National CDRCs. Appeals from a District CDRC will be heard by the State CDRC. Appeals from the State CDRC will be heard by the National CDRC. The final appeal will lie before the Supreme Court.  
         Jurisdiction Of CDRCs
                           To tell the truth, the District CDRC will entertain complaints where value of goods and services does not exceed Rs one crore. The State CDRC will entertain complaints when the value is more than Rs one crore but does not exceed Rs 10 crore. Finally, the complaints with value of foods and services over Rs 10 crore will be entertained by the National CDRC.
        Punishment For Non-Compliance  
                                        To put things in perspective, the non-compliance of the order issued by the Consumer Protection Authority is punishable with am imprisonment of up to six months or a fine of up to Rs 20 lakh, or both. The Authority may also impose penalties with regard to the misleading advertisements, food adulteration and spurious goods. A penalty on the endorser of the misleading advertisement is suggested as well, which could put celebrities who endorse products that don’t live up to its claims, in the dock.
Punishment For False Claims In Advertisements  
                                       It must be highlighted here that misleading ads in various media touting exaggerated claims are very common and it is the consumers who have to suffer the most because of all this! Earlier there was a lack of clear legal provisions. But this new Consumer Bill of 2018 seeks to specify what constitutes false and unfulfilled claims.
                                      This proposed new Consumer Protection Bill of 2018 imposes a jail term of up to two years and Rs 10 lakh as fine for manufacturers making false and misleading claims in advertisements. This could go up to five years in jail and Rs 50 lakh fine for repeat offenders. Very rightly so!
                                         It is noteworthy that endorsers making such claims will face a penalty of up to Rs 10 lakh and a ban of a year from making endorsements. The repeated offenders would attract fines of up to Rs 50 lakh and a ban of up to three years. In fact the jail term for such repeated offenders must not be less than 5 years. But what an unbeatable irony that for repeated offenders no jail term is prescribed. This again must be set right!
                                       Not just this, the repeated offenders must be barred permanently from making endorsements but this has not been done till now. It must be done before it becomes a law so that it acts as an adequate deterrent for repeated offenders. It is quite baffling that why this has not been done. 
                 Defence For Endorsers   
                                    According to the Bill, the endorsers who can prove that they applied “due diligence” or appeared in an ad in “normal course of business” without knowledge of fraudulent intentions may use it as a “defence”. They have every right to stand immune from legal proceedings if they can prove that they had no fraudulent intentions of any kind while endorsing. No one can deny or dispute this! However, the Bill in the same vein also states that, “The burden of proof of such defence shall lie on the person raising such defence”.
               Vulnerability Of Consumers
                                 The Bill says that growth in e-commerce, international trade and newer services as well as innovative delivery chains have increased the choice before consumers but also made them vulnerable. So consumers have to be protected from becoming a vulnerable target who are liable to be exploited most easily!      
                                 Truly speaking, the Bill also states that, “The modern market place contains a plethora of products and services. The emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and have provided new options and opportunities for consumers. Equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices.”
        Curbing The Misuse Of Limitation
                                          Unfair trade practices often take advantage of limitations in the current law. This must be plugged in the new Bill. If this is not done, the whole purpose of the new Bill will stand defeated. Pradeep Mehta of the CUTS International which is a consumer rights activist group points out that, “In an earlier era, issues like misleading ads and cheating were dealt with under the Monopolistic and Restrictive Trade Practices (MRTP) Act. But since the Competition Act, 2002, replaced the MRTP Act, it left out effective regulations to deal with unfair trade practices. This new Bill hopefully will address these shortcomings.” The Bill also provides for framing of rules subsequent to passage of the Bill for product recalls and on the responsibility of a firm for both safety and efficacy of its products.
                        Mediation Cells
                          Presently, a Redressal Commission operates at the district, state and national levels to adjudicate consumer disputes. The new law stipulates for an alternative dispute redressal mechanism if there is chance for a settlement agreeable to the parties to the dispute. The new Bill calls for setting up of mediation cells attached to the district, state and national commissions.
                               Conclusion
                                  All said and done, this new Bill is certainly a marked improvement over the previous one. But still many more loopholes can and must be plugged before finally getting it assented to by the President. It certainly merits more deliberation in both Houses of Parliament. Only after a proper debate, discussion and deliberations by both Houses of Parliament should it be passed after going through it in detail so that no loophole is left out. This new Bill directly affects consumers in a huge way and so has to be taken most seriously so that consumers don’t suffer under any circumstances and have enough remedy to pursue when aggrieved which can be possible only if all their genuine concerns are taken into board and simultaneously also addressed before making it into a law by getting it passed in both Houses of Parliament!
 Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

India Can’t Be Refugee Capital: Government

Let me begin at the beginning itself by pointing out that I fully endorse and support the Government’s stand that India can’t be the refugee capital of the world. Centre rightly told the Supreme Court on January 30 that, “We do not want India to become the refugee capital of the world.” What wrong has Centre said?
                                            To put things in perspective, the government was responding to a submission made by Rohingya refugees that the Border Security Force (BSF) at the borders was “pushing back” their compatriots fleeing persecution in Myanmar with chilli spray and stun grenades. Additional Solicitor General Tushar Mehta while appearing for the government orally submitted before a Bench led by Chief Justice of India Dipak Misra orally submitted very rightly that, “People from every other country will flood our country.” Very rightly said!
                                             To be sure, Tushar rightly submitted that, “India will be flooded with refugees. We don’t want India to become the refugee capital of the world. Anybody can enter the country and we can’t do anything? These things are better left to the executive.” What wrong has Tushar said? Judiciary must leave this delicate issue which falls within the government’s purview and which has tremendous security implications to decide for itself!
                                   With due respect to judiciary, I very strongly feel that it should instead first set its own house in order. The 230th report of Law Commission strongly recommended the setting up of more high court benches in different states. But see the unbeatable irony that only one state that is Karnataka has alone gained from it. Karnataka already had a bench at Hubli but 2 more benches still were created at Dharwad and Gulbarga for just 4 and 8 districts by the previous UPA government in 2012! UP has more than 10 lakh cases pending and Karnataka has just less than 2 lakh cases pending still Karnataka has 3 benches and UP just one! Worst of all, West UP which alone accounts for more than half of the pending cases and which alone has 26 districts and whose population alone is 9 crore which is 3 crore more than that of Karnataka has not even a bench leave alone high court and 3 benches! Why judiciary has never stepped in to correct this?
                                      Why Justice Jaswant Singh Commission appointed by former PM late Mrs Indira Gandhi to recommend where all benches were needed in late 1970s had recommended that UP must have 3 benches at Agra, Dehradun and Nainital but not one bench was set up even though on its recommendations benches were set up at Aurangabad in Maharashtra which already had 2 benches, Madurai in Tamil Nadu and Jalpaiguri in West Bengal? Why judiciary never probed this baffling and blatant disregard of the landmark recommendations of the Justice Jaswant Singh Commission report? Why people of West UP and people of Uttarakhand who till 2000 formed part of UP were compelled to travel thousands of kilometers all the way to Allahabad to get justice and not a single bench was given to them despite the landmark recommendation to create 3 benches here by Justice Jaswant Commission and yet judiciary never investigated into the same?
                                             Why judiciary has never ensured that the vacancies in subordinate judiciary the filling of which is in its hands are filled completely and still more than 6000 posts are lying vacant? Why UP has maximum pending cases, maximum population, maximum districts, maximum MPs, maximum MLAs, maximum Judges but has least benches only one at Lucknow which is so close to Allahabad and no bench at West UP which witnesses maximum crime, maximum riots, maximum killings etc and yet judiciary has never taken any action on this? It is high time and judiciary must act on this as soon as possible so that people of West UP especially litigants are not compelled to travel whole night to Allahabad which is more than 700 km away and the high court and benches of 8 states and even Lahore High Court in Pakistan is nearer to West UP as compared to Allahabad and this was raised by Atal Bihari Vajpayee in Parliament as Leader of Opposition in 1986 when he demanded bench of high court for West UP but 32 years later still there is no bench!
                                          Anyway coming back to the main topic: How can this be ignored that India is already an overpopulated country? How can this be ignored that India already has its own refugee problem and lakhs of Kashmiri Pandits have been displaced from their own house in Kashmir? How can this be ignored that Rohingyas are being planted in Kashmir and Jammu which will only serve to further fuel the growing imbalance and fuel further militancy in the area?
                                      Why do Muslim countries especially Pakistan which always champions the cause of Muslims not take Rohingyas in their own land? Why do European countries which lecture India on human rights not either grant them refuge in their own country? Why is America which again believes in lecturing us on human rights not forthcoming in giving refuge to them in their own country?
                                              Why only India is expected to give refuge to Rohingyas? Why no other country comes forward to welcome them in their own country? Why even Bangladesh which has given refuge to Rohingyas seeks all sorts of help for Rohingyas from India and not Pakistan? India has generously helped Rohingyas in Bangladesh by providing them all humanitarian help but how can it disregard its own national and security interests and give refuge to all Rohingyas who have been displaced from Myanmar?
                                          What is the guarantee that terrorists will not infiltrate along with Rohingyas to India? What is the guarantee that those Rohingya terrorists who killed about 100 Hindus after brutally maiming them and torturing them and then killing them will not enter India along with Rohingya refugees? What is the guarantee that those who come to India will not be brainwashed and after getting paid by ISI will not work to destabilise India?     
                                        Who can deny that Arakan Rohingya Salvation Army is a Rohingya insurgent group active in northern Rakhine State of Myanmar? Who can deny that Hafiz Saeed who is chief of Lashkar-e-Taiba has close links with these terror groups? Who can deny that Hafiz can easily use Rohingyas in India as mere pawns to destabilize India and carry out terror attacks to kill innocent Indians in large numbers? Who can deny that India will become a refugee capital if such people are not stopped promptly from entering India?
                                        Who can deny that Rohingyas already in large numbers have been staying illegally in India since many years? Who can deny that they must be sent back to their original country from where they came? Who can deny that some parties don’t want them to go back as they are playing voter bank politics and by illegal means have got them Indian citizenship?
                                                I have absolutely no hesitation in concluding that Supreme Court must stay away from ruling in such cases which involves policy making decisions and especially which directly concerns the security of citizens. Tushar rightly said that if the argument of the petitioner is accepted then, “The country would be flooded by refugees. We do not want India to become the refugee capital of the world. These are matters between countries involving diplomatic relations. We cannot allow people to enter like this.” The court will take up the matter next onMarch 7.
                                             On a concluding note, the Supreme Court must take very seriously what Tushar has rightly said and instead direct its whole energy in setting up more benches in lawless states like UP whom former UN Secretary General Ban ki moon had termed as “rape and crime capital of India” still has least benches in India and West UP and Bihar which is another lawless state has none!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.

Soldiers Have Every Legal Right To Act In Self Defence

Let me begin at the very beginning by expressing my utmost and deepest sympathies with the families of those three young stone pelters – Suhail Lone, Javid Bhat and Rayees Ahmed in their 20s who were killed in firing by army soldiers in Shopian in South Kashmir. The families lives stands completely devastated and nothing can compensate for the invaluable loss that they have suffered with which they have to cope the rest of their lives. The families of those three young stone pelters must now come out of their grief slowly and make sure that they don’t spend their whole life just grieving which will just serve no purpose at all.
                                          It is an unpalatable truth that these three young stone pelters are themselves responsible for inviting death for themselves. Why did they along with around 300 people attack a military convoy comprising people-and-goods carriers of Indian Army which was passing through the village of Ganowpora village in Shopian? Why these Kashmiri youths keep attacking army vehicles and soldiers? Why don’t they understand that soldiers too have weapons with which they too can retaliate which can have most dangerous consequences as we saw here?   
                                         Why without any provocation from soldiers do Kashmiri youths start attacking them with stones, sticks and other weapons? Why is restraint by soldiers taken as weakness by these Kashmiri youths? Why are those leaders who provoke such youths to indulge in stone pelting not taken in custody and why are they not prosecuted promptly?       
                                             Why are cases immediately withdrawn against these youths who indulge in stone pelting? Are they not being encouraged to time and again indulge in stone pelting? Who is responsible for this? None other than the state government as also the Centre with whose support the Jammu and Kashmir state government is running so freely here!
                                               Why did the Chief Minister permit FIR to be registered against Major Aditya and those soldiers who only acted in self defence? Why is it ignored that Major Aditya was not even present there at the scene of attack and was very far away as reported in news channels? Why is it expected that Kashmiri youths will attack soldiers with weapons and stones and the soldiers will just not retaliate fearing that some stone pelters may be killed?
                                          Do soldiers not have the right to private self defence? Do soldiers only have the obligation of keep facing stones and other weapons mercilessly and yet not retaliate in any manner? Do soldiers not enjoy the protection under Armed Forces Special Power Act (AFSPA)?
                                    Why is it ignored that these soldiers who were attacked by stone pelters were not firing at some innocent people mercilessly which certainly would have been an offence but were just transferring an Army unit’s luggage and skeletal staff from Point A to Point B when a couple of the vehicles got separated from the main body of the convoy? Why is it ignored that Kashmiri civilians have no right to even attack leave alone kill our brave soldiers who fearlessly discharge their duty? Why no FIR against them lodged by police who attacked the soldiers without any valid reason whatsoever who only  resorted to lodging FIR against Army soldiers? Is this fair?
                                                How can it be ignored that Army was compelled to lodge counter FIR when police failed to do this? How can it be ignored that a Junior Commissioned Officer who tried to reason with the 300 strong mob was himself attacked and hit by projectile and collapsed and the mob wanted to straightaway murder him and the soldiers had to fire to save his life? How can it be ignored that the Standard Operating Procedures were adhered to in this case as has been testified by none other than  the Northern Army Commander – Lt Gen D Anbu?   
                                               How can it be ignored that none other than Lt Gen D Anbu has himself told news agency ANI that the army had conducted its own probe into the conclusion that the soldiers had to resort to firing after they were “provoked to the ultimate”? How can what such a senior Army officer is saying be ignored so easily? How can  it be ignored that the JCO was attacked very brutally and the mob wanted to virtually kill him which necessitated the firing by the soldiers?
                                               Why has State Government allowed police to lodge an FIR against Army soldiers who were just doing their duty and were attacked without any reason whatsoever? Why Centre did not stop State Government from doing so? Why Centre is not acting even after a national outrage has broken out over the lodging of FIR against those soldiers who in order to  save the life of the JCO and their own lives had no option but to fire?
                                                Why is it ignored that Major Aditya who was leading the convoy was at least 200 metres ahead and was not present at the incident spot? Why still the name of Major Aditya was lodged in the FIR against the Army? Why is it ignored that seven Army men were injured and extensive damage was caused to 11 vehicles?
                              Why the Defence Minister Nirmala Sitharaman is not speaking out in defence of Army? Why did she not strongly object to lodging of FIR against soldiers who were just acting in self-defence which cannot be a crime under any law? Why even the PM Narendra Modi is silent on this?
                                               It is not Sanjeev Sirohi alone or Sageer Khan alone or Amit Sharma alone or a group of lawyers in Meerut alone who are angry at what has happened with the soldiers in Kashmir! The whole nation is enraged with the gross injustice that is being meted out to these brave soldiers who were attacked themselves! It is because of these brave soldiers that India stands united as one nation and it is they who go all out to help Kashmiris stranded in floods without any grudge whatsoever! But see what they get in return!
                                          Not surprising that many lawyers in different parts of India as we see in Meerut have also lodged their strongest protest which they have pointed out also in the memorandum that they have submitted to the DM of Meerut – Anil Dhingra stating that if the Centre does not withdraw the FIR lodged against Maj Aditya or against the soldiers who are all victims and not perpetrators of any crime then they will be compelled to go on hunger strike! Centre must wake up now and do the requisite damage control exercise by promptly getting the FIR withdrawn against Maj Aditya and those soldiers who were themselves attacked! They were not the attackers rather they bore the brunt of attack of more than 300 mob and yet retaliated with the minimum force under very compelling conditions!
                                         How can all this be ignored? If Centre does not act in time the protest against it can like in the case of the film Padmaavat become nation wide and this time the representation will be from all sections and all religions and all castes of our society who think nationally and love their brave soldiers more than anything else! Can Centre again do the huge folly of ignoring all this?
                                     It is for Centre now to decide what course of action it wants to take – appease its coalition partner PDP or keeping in view the national interests and the provocating circumstances under which the soldiers were compelled to open fire order immediate withdrawal of FIR! If soldiers had indulged in unprovoked firing and killed about 100 or 200 or even if three or two or one, I would have been the first to demand the strongest possible action against them! But that is not the case! So I stand with these soldiers and with Maj Aditya in all possible respects and so do most of our countrymen which is quite perceptible and naturally so as they were compelled to fire to save the life of the badly injured JCO and also of their own!
                                              How can this be deemed to be a crime? Under no circumstances can such acts be deemed to be a crime! It is most shameful and disgraceful that these Kashmiri leaders never blame the stone pelters who in most cases are provoked by pro-Pakistani lobby and paid also and never do anything to bring them in the national mainstream!  
                                            All said and done, if Indian soldiers don’t restraint themselves even in such provocating circumstances there can be blood all over Kashmir! Is this is what Kashmiri and separatists leaders want? It is for them to decide what is best for Kashmiris!
                                  Why the leaders of political parties or of separatists or their sons and daughters never indulge in stone pelting? Why only youth of middle class families indulge in it? Why the children of Syed Salaluddin and other terror leaders and separatist leaders becoming doctors, engineers and government servants and not stone pelters like other ordinary Kashmiris?
                                             Such terror leaders, separatists and politicians have made stone pelting and anti-India activity a big business industry getting money secretly from Paskistan and undoubtedly are the biggest enemies of Kashmiris and not the soldiers of India who are there to always protect them and always stand by them as they do when some flood comes or any other calamity comes like earthquake etc! Who can deny this? This is what Kashmiri youths must realize and save themselves from being used as a mere pawn in the hands of pro-Pakistani lobby! Centre must act now and withdraw FIR against Major Aditya and those soldiers who have been named in the FIR because what they have done is not a crime from any angle! Can any jurist question this? Every soldier of Indian Army has every right to act in self defence and fire whenever they find that it is absolutely necessary to save the invaluable lives of their fellow soldiers or their own lives!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.    

India And ASEAN Countries Vow To Improve Ties

To begin with, the India-ASEAN Commemorative Summit 2018 in New Delhi witnessed the presence of the leaders of all ten member states of ASEAN (Association of South East Asian Nations) not just at the summit but also registered their strong presence by being invited by India as guest of honour at the Republic Day Parade. It deserves special mention here that the summit of 2018 was the 25th anniversary of the sectoral partnership, the 20th anniversary of the dialogue partnership and the fifth anniversary of the strategic partnership that was enunciated on the occasion of the 20th anniversary of the commemorative summit in 2012. It is no ordinary feat that the leaders of all the ten ASEAN countries reiterated their firm resolve to strengthen further their relations with India which is now growing by leaps and bounds!
                                       Needless to say, the ties with ten ASEAN countries forms an important aspect of India’s foreign policy. New Delhi is leaving no stone unturned to ensure that it expands the strategic, trade and cultural ties with ASEAN countries. There are, in total, 30 dialogue mechanisms between India and ASEAN across various sectors.
                                    Before proceeding ahead, it must be known that who all are the heads of states who visited India as Chief Guest of ASEAN countries. They are – Nguyen Xuan Phuc who is PM of Vietnam, Najib Razak who is PM of Malaysia, Lee Hsien Loong who is PM of Singapore, Aung San Suu Kyi who is State Counsellor of Myanmar, Hun Sen who is PM of Cambodia, Prayut Chan-Ocha who is PM of Thailand, Joko Widodo who is President of Indonesia, Thongloun Sisoulith who is PM of Laos who assumed office in February 2016, Rodrigo Duterte who is President of Philippines and Hassanal Bolkiah who is Sultan of Brunei and also as PM is head of the government. Hassanal prior to Bill Gates was the richest man in the world. He is also believed to be the longest-reigning monarch in the world. It was in 1994 that the then Indian PM PV Narasimha Rao had invited Singapore ‘s PM Goh to be the Chief Guest at India’s Republic Day Parade and now 24 years later the heads of all 10 ASEAN countries have come together to India which clearly vindicates that a lot of water has flown under the bridge since then!
                                                It cannot be lost on us that India and ASEAN nations together account for 1.85 billion people which implies that it covers about 30 percent of the global population and have a combined GDP of approximately $5.1 trillion. Taken together, India and ASEAN would form the third largest economy in the world. Therefore, it becomes all the more important for both India and ASEAN countries to cooperate together for mutual benefit.
                                     It is noteworthy that Indonesia is the biggest constituent of the grouping in terms of economic output. The GDP of ASEAN countries (in US $ mn at current prices) in total as in 2016 is 2,559,463 and of countries are as mentioned here – Lao PDR 15,903, Cambodia 19,194, Myanmar 68,636, Vietnam 198,196, Singapore 296, 977, Malaysia 299,632, Philippines 311,453, Brunei Darussalam 11,206, Indonesia 931,216 and Thailand 407,048. India has now made the right move in stepping up on the gas and pulling out all the stops to further enhance bilateral ties with all the 10 countries of ASEAN just mentioned above. This is truly commendable!  
                                    While craving for the exclusive indulgence of my esteemed readers, let me also inform them that approximately 12.5% of investment flows into India comes from ASEAN. Also, the FDI inflow to India between April 2000 to August 2017 is $ 514.7 billion and outflow from India is $38.7 billion. India rightly intends to enhance this figure much higher and the ASEAN countries too are keen that this figure goes further up as there is a lot of scope for further improvement in trade ties! 
                                         For my esteemed readers exclusive indulgence, let me also inform them that the India-Myanmar-Thailand Trilateral Highway and the Kaladan Multimodal Project connecting India and Myanmar are in progress. It must also be noted that a possible extension of the India-Myanmar-Thailand Trilateral Highway to Cambodia, Lao PDR and Vietnam is currently under consideration. This will certainly benefit all the countries collectively and so this possible extension must be completed at the earliest.
                                                It is noteworthy that in 2009, India announced a contribution of $50 million to the ASEAN-India Fund to support the implementation of the ASEAN-India Plans of Action for deepening ties across economic and socio-cultural spheres. It also cannot be missed out that projects worth approximately $48 million are under various stages of implementation or processing. The other sector specific funds between India and ASEAN are – ASEAN-India Science & Technology Development Fund (AISTDF) and ASEAN-India Green Fund. 
                                           To be sure, China’s trade with ASEAN is certainly right now bigger than India’s. But this does not mean that India cannot leave behind China in the near future. India must exert all its influence to further strengthen bilateral ties with all the 10 ASEAN countries and I am sure that they too will appreciate that India is far less aggressive than China and much more dependable ally which never intends to occupy the territory of any other country unlike China which can never be trusted under any circumstances!
                                        But for this to happen, India will have to really work very hard in this direction. It is here that the laudable move by the Modi government to invite all the 10 ASEAN countries as Chief Guests at the Republic Day Parade is most significant. But a lot of groundwork still remains to be done. In 2006, China’s export to ASEAN countries was 8.6% and India’s export was 2.6%. In 2006, China’s import to ASEAN countries was 11.5% and India’s was 1.5%. In 2016, China’s export to ASEAN countries was 12.5% and India’s export was 3.3%. Now coming to imports in 2016, China’s import share was 20.7% and India’s import share was 1.9%.  
                                          Honestly speaking, India lags far behind China in its trade relations with ASEAN. The India-ASEAN trade is currently only US$71 billion and has been declining regularly since reaching a peak of US$80 billion in 2011-12. In contrast, the ASEAN-China trade is US$450 billion. This is the real difference between India and China. In 2016 India invested US$1 billion in ASEAN as compared to US$10 billion by China. It is only Singapore alone which is a large investor in India and is credited with a cumulative total of about US$30 billion which constitutes more than 98% of the ASEAN total.
                                                  It is a matter of grave concern that among ASEAN’s trade partners, India ranks low at 7th way behind China, Japan, USA, Australia, South Korea and the European Union. This despite the glaring fact that ASEAN countries are its immediate neighbouring countries and still India is seventh in investments which must be addressed as it has been long neglected and it is China which has gained most at our cost! The bilateral trade went up from $2 billion in 1992 to $12 billion in 2002 and then jumped high to $72 billion in 2012.
                                         There is no reason why it can’t still further jump very high if leaders of India and ASEAN resolve to collectively and unitedly work in this direction henceforth! It is disappointing that a two-way target of $100 billion that was set by the 25th anniversary of the bilateral relationship in 2012 could not be achieved and the figure that could be achieved was just $76 billion! But that does not mean that future cannot be changed to our delight if India and ASEAN countries implement on what they have vowed to work together and cooperate in all fields and increase the investment level considerably as also increase the business ties to new heights!
                                              It must be divulged here that in his meeting with Vietnamese Prime Minister Nguyen Xuan Phuc who was the first to arrive for the India-ASEAN summit, PM Modi discussed with him maritime cooperation and defence ties. The two countries signed two Memorandum of Understanding (MoUs) in the field of information and broadcasting and space cooperation. External Affairs Ministry spokesperson Raveesh Kumar said in a tweet that, “Long standing traditional & strategic partnership! PM@narendramodi met with Vietnamese PM Nguyen Phuc. Discussed cooperation in trade and investment, defence, maritime & other areas.”
                                                 It must also be divulged here that Vietnam is one of the claimants of the South China Sea of which more than 90% is claimed by China. In other words, both countries – India and Vietnam have a common and powerful adversary – China and so must cooperate in all respects to outmanoeuvre the latter in all possible ways! The other ASEAN countries such as the Philippines, Taiwan, Malaysia and Brunei also have overlapping claims to the waters of the South China sea with China.
                                        According to Indian officials, maritime cooperation is an area of key focus in the summit. It is the theme of the summit’s retreat along with security. The other MoU that was signed was for implementing an arrangement between the Indian Space Research Organisation (ISRO) and the National Remote Sensing Department of Vietnam to establish a tracking and a data processing facility in Vietnam under the ASEAN-India space cooperation. The MoU will also define the framework and conditions of cooperation to establish a facility to provide Indian remote sensing satellite data over the ASEAN region to enable remote sensing applications, which include natural resources management, ocean development and disaster management by member states.
                                               Let me hasten to add here that President Ram Nath Kovind asserted that India-Vietnam relations are on an upward curve and said the two countries need to enhance cooperation in oil and gas sector. Kovind while welcoming Vietnamese PM Nguyen Xuan Phuc who had called on him at Rashtrapati Bhavan said that, “We need to redouble our efforts to reach the target of USD 15 billion in bilateral trade by 2020.” He said India remains committed to encouraging its industry to explore investment opportunities in Vietnam in pharma, solar, education and other sectors. He said that, “We also need to enhance cooperation in the oil and gas sector, including through trilateral cooperation with friendly countries.” Kovind while welcoming him also said that, “India is delighted to host him as a guest of honour at the Republic Day celebration.” On India celebrating 25 years of its partnership with ASEAN, Kovind said that, “This makes his presence even more special. Vietnam is a preferred partner for India in ASEAN.”
                                             Interestingly enough, Singapore Prime Minister Lee Hsien Loong who is co-chair of the ASEAN-India Commemorative Summit said that, “We believe that India makes a major contribution to regional affairs, helping to keep the regional architecture open, balanced and inclusive.” Loong also remarked that, “India has set a goal of establishing 100 smart cities. Singapore, an urbanised city-state, is ready to partner on this journey and help develop urban solutions based on our own experience. Andhra Pradesh’s new capital city of Amaravati is one example.” Very rightly said!
                                             It is indisputable that India has a lot to learn from Singapore and gain from it in many ways. Singapore has played a very crucial role in India’s closer integration with ASEAN. We should never forget this!
                             Going forward, Loong said that, “It is an honour for all the ASEAN leaders to be in New Delhi for this occasion. ASEAN leaders are also deeply honoured to be invited as chief guests at tomorrow’s 69thRepublic Day Parade. He also rightly pointed out that, “ASEAN and India’s combined population of 1.8 billion represents one quarter of the world’s population. Our combined GDP exceeds $4.5 trillion. By 2025, India’s consumer market is expected to become the fifth largest in the world, while in southeast Asia middle-class households will double to 163 million. Both regions are also experiencing a demographic dividend – 60% of ASEAN’s population is below 35 years old, while India is projected to be the world’s youngest country with an average of 29 by 2020. ASEAN and India also have fast-growing internet user bases, which will help us grow the digital economy. Against this backdrop, we still have much scope to grow our ties – India accounted for only 2.6% of ASEAN’s external trade in 2016.”
                                           It cannot be disputed that Loong rightly suggested that, “First, ASEAN and India should redouble efforts to promote trade and investment. We need to keep existing pathways up to date and relevant, including the  ASEAN-India Free Trade Area (AIFTA). We should work together to conclude a high quality Regional Comprehensive Economic Partnership (RCEP), surpassing the existing AIFTA. This would create an integrated Asian market comprising nearly half the world’s population and a third of the world’s GDP. Streamlining rules and regulations will stimulate investments in both directions, complement India’s ‘Act East’ policy and facilitate ‘Made in India’ exports to the region. Second, our people will benefit greatly from greater land, air and maritime connectivity. We appreciate India’s efforts to improve land connectivity including the extension of the trilateral India-Myanmar-Thailand Highway and India’s $1 billion line of credit to promote infrastructure connectivity with ASEAN. We look forward to working closely with India to boost our physical connectivity, including by expeditiously concluding the ASEAN-India Air Transport Agreement. This will enhance people-to-people Indian and ASEAN carriers tap new and emerging markets, especially for business, investment and tourism. Digital connectivity is another important area of cooperation, and can shape people-to-people connections for the future. India’s Aadhaar system creates many new opportunities, for instance, to harmonise our Fintech platforms or connect e-payment systems.”
                                           It is remarkable that the highest-level of participation at the India-ASEAN Commemorative Summit to mark the 25 years of Indo-ASEAN ties comes in the backdrop of increasing Chinese economic and military assertiveness in the region. India’s influence as a powerful counterbalance to China cannot be discounted by anyone. This alone explains why these 10 ASEAN countries too seek to play a long innings with India and cooperate with us in all possible respects!  
                                         To say the least, India is working tirelessly on its Act East Policy which strongly pushes for strengthening ties with the 10 ASEAN countries with emphasis on three Cs – connectivity, commerce and culture. India is also working actively on boosting connectivity with South East Asia by land, air and sea and a trilateral highway connecting India, Myanmar and Thailand, the work of which is still in progress and is a key part of it. India-ASEAN trade stands at over $70 billion trade and the two sides are also negotiating a Regional Comprehensive Economic Partnership (RCEP). The RCEP is a proposed Free Trade Area (FTA) between the 10 ASEAN countries and the six countries with which ASEAN has FTAs – Australia, China, India, Japan, New Zealand and South Korea. India has a special bond with South East Asian countries as Buddhism and the Indian epic Ramayana is common in most of these countries even though most of the South East Asian nations have their own version of Ramayana.
                                              Be it noted, there are more than 400 flights that operate in a week between different Indian cities and Singapore. However, there are just 200 flights a week with Thailand and Malaysia respectively. What is most concerning that there is still no direct flight between India and the largest and the most important country in ASEAN – Indonesia but I am sure that this can be rectified by both the countries acting in tandem for which due initiative must be taken in this regard. Similarly we also seriously observe how there are regular shipping links between Indian ports and that of Singapore and Klang in Malaysia but with other countries we either have few or not even a single shipping link with the other ports in the region. This must be addressed and cannot be left unaddressed!
                                       To be sure, Prime Minister Narendra Modi while addressing the leaders of the ASEAN countries at the ASEAN-India Commemorative Summit said that security and freedom of navigation will be in the heart of India-ASEAN cooperation in the twenty-first century. Modi also said that, “Humanitarian and disaster relief efforts, security cooperation and freedom of navigation will be the key focus areas for our maritime cooperation.” The leaders also agreed on establishing a joint mechanism to ensure safety and freedom of navigation in the maritime domain.
                                          Simply put, the statement on the maritime mechanism is significant as it is the first time that India has taken up forming of a special maritime mechanism with all the ASEAN heads of states at a single summit. A joint statement that was issued after the plenary session of the Commemorative Summit stated that maritime security and freedom of navigation featured prominently in the ‘Delhi Declaration’. The declaration indicated at common concern pertaining to the South China Sea and reaffirmed the “importance of maintaining and promoting peace, stability, maritime safety and security, freedom of navigation and overflight in the region and other lawful uses of the seas and unimpeded lawful maritime commerce.”
                                       No doubt, just like the presence of US President Barack Obama as the Chief Guest at Republic Day in 2015 sent a signal to the rest of the world, the ASEAN leaders participation has a resonance of its own and the whole world has taken notice of this also. Former Ambassador K Shankar Bajpai said that, “As far as India is concerned, we have a tradition to invite a guest of honour as chief guest for the Republic Day parade of 26 January. But so far we have not done something like inviting 10 leaders for a diplomatic engagement on this day.” Former External Affairs Minister Natwar Singh also while welcoming the hosting of 10 chief guests at the Republic Day Parade said that it is a unique event. He said that, “We have hosted multiple heads of states as in 1983 when we hosted the NAM summit and more recently in the India-Africa Summit. But this event is unique as it comes in the context of major changes in the regional order.”
                                     It is heartening to note that Delhi Declaration has called for joint fight against terror. The ASEAN-India Commemorative Summit also came out with a comprehensive statement targeting terrorism and agreed to uphold freedom in the maritime domain. Focusing on the presence of the Islamic State and other forms of radicalism in the region, a joint statement, titled ‘Delhi Declaration’, issued after the plenary session, supported a common approach to counter terrorism and sought a “comprehensive approach to combat terrorism through close cooperation by disrupting and countering terrorists, terrorist groups and networks, including by countering cross border movement of terrorists and foreign terrorist fighters and misuse of Internet including social media by terror entities.”
                                             It is beyond a straw of doubt that out of all the countries of ASEAN region, Philippines had the most serious threat from the Islamic State in the last few years and the bilateral discussion focused on this aspect. Preeti Saran who is Secretary in charge of Eastern Affairs while highlighting the support that Philippines received from India to counter the Islamic State terrorists who had taken over the city of Marawi in Philippines where a battle was waged by the Philippines military forces said that, “President Duterte conveyed his deepest appreciation for the $500,000 assistance that was provided by India to resettle victims of the Marawi siege.” A joint working group meeting is likely to be held between the two countries to finalise details of counter-terror cooperation between Delhi and Manila.
                                           Of course, the issue of security identity cards for the citizens, on the lines of the Aadhaar card of India also came up during the bilateral discussion with Philippines. Ms Saran said that, “A team from Philippines was here last week to study the Aadhaar card of India.” It is great to note that Philippines too has been greatly influenced by the Aadhaar card of India and wants to start it after studying it in India and understanding it comprehensively.
                                           It must be underlined here that the security scenario in the Rakhine province was also discussed between Prime Minister Narendra Modi and Aung San Suu Kyi who is the State Counsellor of Myanmar and Modi conveyed his concern on the huge security challenges confronted by India in the wake of the influx of thousands of Rohingyas refuges to India since last few years! Both sides discussed the housing project that India would build to rehabilitate the Rohingyas. India is serious in building houses for Rohingyas but wants them to go back to Myanmar.
                                        After the meeting between Modi and Suu Kyi, Raveesh Kumar tweeted, “The two leaders had a productive discussion on intensifying bilateral cooperation, including a follow up on key decisions taken during PM’s visit to Myanmar in September 2017.” The meeting came nearly a month after India and Myanmar inked an agreement on restoration of normalcy and development of the Rakhine state and days after Bangladesh and Myanmar agreed on repatriation of Rohingyas. Signed during Foreign Secretary S Jaishankar’s visit to Myanmar, the pact was the first government-to-government agreement by Myanmar with a cooperation focused on socio-economic development in the Rakhine state.
                                    It must be added here that India and Cambodia signed four agreements ranging from prevention of human trafficking, Mutual Legal Assistance in Criminal Matters to Culture. In addition, India will provide soft loans through Line of Credit (LoC) to finance the ‘Stung Sva Hab Water Resource Development Project’ worth $36.92 million. The two countries have also decided to strengthen their defence cooperation through capacity building and exchanges of senior level personnel.
                                       Apart from this, India will also help set up a Centre for IT excellence in Cambodia. The two sides also agreed on a $20 million concessional LoC by India for construction of transmission line in Cambodia. India has offered additional LoC for infrastructural projects in Cambodia, including in health sector for setting up of super speciality hospitals and for road, rail and digital connectivity.
                                       To put things in perspective, this is the first visit by a Cambodian PM in the last ten years. PM Modi and Cambodia’s PM Hun Sen agreed to explore the possibility of extending the India-Myanmar-Thailand Trilateral Highway further to Cambodia and beyond. In his joint statement, Modi said that there was an agreement on strengthening relations in every sector.
                                        Not stopping here, Modi also said that, “India and Cambodia will build up on relations in every field, including economic, social development, capacity building, business, culture and tourism. We are ready to further strengthen our relations with Cambodia in the coming future.” On his part, Sen appreciated India’s LoC and grants-in-aid for developmental projects in Cambodia, restoration and conservation of temples, capacity building programmes, scholarships and funding for social development through Quick Impact Projects (QIPs) under Mekong Ganga Cooperation initiative. India would increase the number of QIPs from 5 to 10 annually in Cambodia.
                                        It is imperative to mention here that Modi also mentioned Archaeological Survey of India’s efforts in the restoration on Angkor Wat and Ta Prohm Temples in Cambodia. Modi also said that it is part of their joint cultural heritage and an example of cooperation between both nations. Besides, he also reaffirmed India’s commitment to undertake restoration and conservation work at the ancient temple of Lord Shiva at Preah Vihar.
                                        In their joint statement, both sides expressed interest in enhancing cooperation in maritime domain. The joint statement said that, “They support complete freedom of navigation and overflight and pacific resolution of maritime issues based on international law, notably the 1982 UNCLOS.” On terrorism, they called upon all nations to adopt a comprehensive approach in combating terrorism, which should include countering radicalisation, recruitment, movement of terrorists, including foreign terrorist fighters. They called for blocking sources of financing terrorism supply of weapons of mass destruction, drug trafficking and other criminal activities besides dismantling terrorist bases, and countering misuse of the internet including social media and information and communication technologies by terrorist entities.
                                                Describing terrorism as a “curse” on humankind which poses a “grave threat” to global peace, security and stability, the leaders unequivocally and unanimously condemned terrorism in all its forms and manifestations. According to a joint statement, they underscored that there was no justification whatsoever for acts of terrorism and recognized that terrorism could not be and should not be associated with any religion, nationality, civilization or ethnic groups. Reaffirming their resolve to fight terrorism, the two leaders affirmed that those responsible for committing, abetting, organising and supporting terrorist acts must be held accountable and be punished.
                                It must be appreciated here that in separate meetings, leaders from Vietnam, Philippines and Myanmar “underscored the importance of ASEAN-India relations for peace, security and socio-economic development in the Indo-Pacific region”. Indian President Ram Nath Kovind who hosted the leaders for a luncheon, said that India stands “shoulder-to-shoulder” with ASEAN in pursuit of a rules-based regional architecture that is open, inclusive and equitable. PM Modi also conveyed that, “ASEAN is the fulcrum of India’s Act-East policy”.
                                    It needs no rocket scientist to conclude that relations between India and ASEAN have come a long way in the last 25 years! The highest culminating point has been the presence of all the 10 ASEAN leaders as chief guests in the Republic Day Parade. It is for the first time that the ASEAN flag fly in the sky over Rajpath on 26 January, 2018.
                                     It must be highlighted here that in an unprecedented move to promote India-ASEAN ties under New Delhi’s Act East Policy, the Prime Minister Narendra Modi announced prior to the announcement of the Republic Day Awards that Padma Shri which is India’s fourth highest civilian award would be awarded to one achiever from each of the regional bloc’s 10 member states. Stating that “in an unprecedented and symbolic gesture” of India-ASEAN bonding and on the occasion of silver jubilee of the India-ASEAN Dialogue Partnership and India’s Republic Day, External Affairs Ministry spokesperson Raveesh Kumar tweeted that Modi “announced Padma Shri award for one individual from each ASEAN country”. Those achievers who have been named for the award ahead of the Republic Day Parade are – Haji Abdullah Bin Malai Haji Othman of Brunei for medicine, Hun Many of Cambodia for public affairs, Nyoman Nuarta of Indonesia for art, Bounlap Keokangna of Laos for art; Thant Myint-U of Myanmar for public affairs, Jose Ma Joey Concepcion of the Philippines for trade and industry, Tommy Koh of Singapore for public affairs, Somdet Phra Ariya Wongsa Khottayan of Thailand who is the Supreme Patriarch of Thailand and Nguyen Tien Thien of Vietnam who is the Secretary General of the National Vietnam Buddhist Sangha.  
                                            All said and done, the visit of all these 10 ASEAN leaders to India was very fruitful and historic. PM Narendra Modi thanked all of them for coming to India and they too expressed their gratitude for inviting them as chief guest at the prestigious Republic day parade. A lot of ground has been covered in the relations between India and ASEAN but still a lot more remains to be done and they have all collectively appreciated this and vowed to further improve the relations between them and take them to greater heights!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi,
A 82, Defence Enclave,
Sardhana Road, Kankerkhera,
Meerut – 250001, Uttar Pradesh.