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Posts archive for: 25 April, 2007
  • NAHANYATE

    NAHANYATE

    Palash Biswas

    Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, Kolkata- 700110, India. Phone: 91-033-25659551

    Email: alashchandrabiswas@gmail.com">palashchandrabiswas@gmail.com

    Aamar Gram, Tomar Gram, Shobar Gram: Nandigram,
    Nandigram

    My Village; Your Village; Everybody's village.
    Nandigram. Nandigram

    The half an hour film by NAHANYATE based on original video footages of 14 March 2007 killings of peasants captures and brings out graphically how the State of West Bengal unleashes war on its own at Nandigram.

    The people faced with the dire prospects of being stripped of their habitats, lands, means of livelihood, a modicum of dignity and lives - all in the name of "development" and "industrialisation" led by corporate capital, fight back.
    They remain undaunted in spite of being badly mauled by the brutal might of the State and its armed red-flag waving minions.
    They remain unfazed by the campaign of canards to project the real flesh-and-blood people as the "enemies of (some notional) people" and thereby justify bloody repressive measures, not excluding wilful murders in broad daylight, directed against them.
    They fight back.

    It is also downloadable.
    1)http://www.youtube.com/watch?v=GqIlI25Kxuo&mode=related&search=

    2)http://www.youtube.com/watch?v=AQqjziy3Hd8&mode=related&search=

    3)http://www.youtube.com/watch?v=4OvvtJlj6ts&mode=related&search=

    http://www.indiannotion.com/index.php/newslinks/10247
    Nandigram: Communism as fascism

    There is nothing in the way the Communists of West
    Bengal conducted themselves at Nandigram that should
    have amazed anybody. There have been enough instances
    of Communists demonstrating that despite all their
    pious propaganda about the rights of the common man,
    in practice Communism is mostly about
    self-aggrandisement and the growth of the State at the
    expense of the populace.

    Full Text : There is nothing in the way the Communists
    of West Bengal conducted themselves at Nandigram that
    should have amazed anybody. There have been enough
    instances of Communists demonstrating that despite all
    their pious propaganda about the rights of the common
    man, in practice Communism is mostly about
    self-aggrandisement and the growth of the State at the
    expense of the populace.

    The classical definition of fascism, in Mussolini's
    own words, includes the following (I am relying on the
    Wikipedia entry at
    http://en.wikipedia.org/wiki/Fascism#Authoritarian_and_totalitarian_state)

    Anti-individualistic, the fascist conception of life
    stresses the importance of the State and accepts the
    individual only in so far as his interests coincide
    with those of the State, which stands for the
    conscience and the universal will of man as a historic
    entity.... The fascist conception of the State is
    all-embracing; outside of it no human or spiritual
    values can exist, much less have value....

    I am hard-pressed to see how this differs from how the
    Communists have conducted themselves in Nandigram; and
    Singur, and indeed, wherever they have managed to gain
    power. The same tendency to trivialise the average
    individual can be seen everywhere: those 'small
    people' do not matter once they have provided the
    cannon fodder for the 'leaders' to come to power. They
    are to be trodden on with jack-boots.

    This has been obvious in West Bengal and in Kerala
    through anecdotal evidence for a long time; there is
    also empirical evidence that the ascent of Communists
    has coincided with a decline in the living standards
    of people. I used data from the Economic and Political
    Weekly in a previous column of mine Reservations, The
    Economic Factor to show how the least-privileged slid
    further behind in Communist-ruled States.

    A study by two economists from the US Federal Reserve
    (A Tale of Two States: Maharashtra and West Bengal by
    Amartya Lahiri and Kei-Mu Yi) shows how the two
    states, among the richest in the country in 1960, have
    diverged dramatically. Bengal, which had a per capita
    income of 105 per cent of Maharashtra's in 1960, has
    managed to bring it down to a mere 69 per cent of
    Maharashtra's by 1995! The authors conclude that this
    is directly correlated with Communist control of
    Bengal.

    On a grand scale, the scale of man's inhumanity to man
    is most visible in those countries unfortunate enough
    to come under the sway of Communists: we all know
    about the Gulag Archipelago in the Soviet Union, the
    atrocities visited on Tibetans by Chinese thugs, and
    the casual way in which people were wiped out in
    Tienanmen Square in China.

    But few know about that most unlucky nation, Cambodia.
    In Phnom Penh, I went to the infamous Tuol Sleng
    prison camp and the 'Killing Fields' where
    black-shirted, teen-aged cadres -- girls and boys --
    butchered innocent civilians as though they were
    vermin. A lot of it is so horrifying that it is almost
    unbearable to be there. There is, for instance, the
    tree against which young children were regularly swung
    by their legs by the Khmer Rouge, smashing their heads
    against it and splattering their brains all over it.

    There is a tower built around a pyramid of 10,000
    human skulls at the 'Killing Fields' just outside town
    where they also have the shallow graves full of
    childrens' bones. Back at Tuol Sleng, incongruously an
    old public school in a quiet residential suburb, there
    is row after row of black-and-white photographs of
    those killed. The Khmer Rouge kept meticulous records
    of all those who were about to be murdered by them:
    young and old, staring into the camera just before
    they were dispatched with a blow to the back of the
    head, often after torture and forced confessions about
    'ideological waywardness'.

    An entire generation of Cambodians has been scarred by
    this experience, and about a quarter of the entire
    population was murdered by the Khmer Rouge, most
    especially those with any education; an ancient and
    glorious Indic civilisation -- these are the people
    who built Angkor Wat, the largest religious structure
    in the world -- was almost wiped out.

    This is precisely what the Communists have in mind for
    Nepal and India as well, the tyranny of the
    uncivilised and unlettered. There are minor
    distinctions among the Communists, as some worship
    China as their fatherland, while others are totally
    nihilistic. But at the end of the day, they are
    barbarians within and without, as in Will Durant's
    famous quote: '...civilisation is a precious good,
    whose delicate complex order and freedom can at any
    moment be overthrown by barbarians invading from
    without and multiplying from within.'

    Needless to say, they have to be resisted. The UPA
    government, playing footsie with these thugs in Andhra
    Pradesh and Jharkhand and Chhattisgarh, not to mention
    West Bengal, Kerala and Tripura, is sowing the seeds
    of disaster as the entire 'Red Corridor' has become
    ungovernable. The comrades have already captured
    Nepal, and their intent is to capture the entire belt
    between the Terai and the Deccan. There is no point
    reasoning with them: all they understand is the power
    of the gun, and they understand it very well indeed.

    Nandigram hub: Basu sees govt blunder

    Statesman News Service
    KOLKATA, April 23: The state government has made a blunder by not sharing details of the proposed chemical hub with Nandigram residents before initiating land acquisition, former chief minister Mr Jyoti Basu said today, more than a month after 14 people lost their lives. He was addressing a meeting of Left trade unions organised by the 12 July Committee at Mahajati Sadan this afternoon.
    “I never imagined that the anti-industry agitation could take such shape. Even now about 2,500 of our supporters are being forced to live in makeshift camps. The chief minister has announced that there will be no chemical hub in Nandigram. But many people had no idea what a chemical hub is. We made a mistake. We never told them about the project. I won’t say much on this issue since the court is hearing the case,” Mr Basu said even as he maintained, citing examples from the past, that the only role of the Opposition was to “oppose progress.”
    At Esplanade, where street hawkers had organised a rally, CPI-M state secretary Mr Biman Bose alleged that some “outsiders” have already started to misguide residents of Raghunathpur in Bankura where people have agreed to hand over land for a proposed steel plant.
    A few kilometres away, Mr Jyoti Basu recounted many incidents related to land acquisition during his tenure. “When I was head of the fifth Left Front government we finalised plans to set up five new cities. Naxalites put up resistance when we tried to acquire land for the development of Siluguri. One man was also killed in police firing. We have to acquire land. But we will try not to touch fertile multicrop land unless there is no option. Many intellectuals have left us. They have misunderstood us. But I am sure some of them will come back,” he said.
    Even as he lauded the government for taking up ambitious projects, it was apparent that Mr Basu was not happy with the Nandigram incident. “We had acquired so much land in the past. But we never faced any problem. At Rajarhat, for example, I personally handed over cheques to farmers and they voluntarily gave us the deeds to their land. But I still asked the minister in charge to set up co-operatives for the children of these farmers. We have to work hard. And our party alone cannot take West Bengal ahead. We have to organise the masses and take people with us,” Mr Basu said.
    Witnesses to firing
    sceptical about probe
    The eye-witnesses to the Nandigram massacre who appeared at the hearing for the administrative probe at Chandipur block office today said they did not believe the probe would come up with honest findings.
    Members of Bhumi Uchched Pratirodh Committee also alleged that the trial of the killing of at least 14 villagers in Nandigram by police and CPI-M cadres on 14 March have been tangled up in legal and departmental procedures while the real culprits were roaming free.
    Mrs Arati Modal, one of the eye-witnesses, said: “At least 200 women and several children had gathered on that fateful day at Gokulnagar for worshipping Gouranga ***thakur and to protest against the entry of police into our villages. But without any intimation, police opened fire on us and CPI-M cadres started beating us up. Several women sustained bullet injuries. Many were molested. Even after I slumped to the ground with a bullet hitting on my right leg, CPI-M cadres thrashed me severely. Many of the goons were dressed in khaki uniforms but wore slippers and red head bands which suggest they were carrying out orders from the CPI-M leadership.”
    The probe team, led by Mr Balbir Ram, today conversed with 47 villagers ~ 25 of them women ~ who were witness to the massacre that took place on 14 March at Bhangabhera and Gokulnagar in Nandigram. Mr Abu Taher, BUPC leader, said: “Neither the CBI, nor the CID have come up with their reports on the Nandigram slaughter even after a month after the incident. We don’t expect the administrative probe to yield a fair ruling but we shall certainly take part in the process.”
    The hearing is likely to continue for a few more days as nearly 320 villagers from Nandigram have registered as witnesses to the Nandigram massacre.
    http://www.thestatesman.net/page.news.php?clid=6&theme=&usrsess=1&id=154496

    OBC Reality

    While advancing the date to examine the legality of the quota law, the chief justice dismissed the objection by petitioners' counsel, who said that the government should have mentioned the application before the same bench, which had passed the interim order on March 29 and rejected the centre's application on Monday.But Justice Balakrishnan said, "It is my privilege to decide which matter should be heard early. You cannot say that a particular matter cannot be heard."

    Earlier in the day, Human Resource Development Minister Arjun Singh said the government would appeal to the chief justice to vacate the stay on 27 percent reservation for other backward classes (OBCs) in higher educational institutions.

    "The same concerns and issues would be taken up before the chief justice at the earliest," Singh told reporters. "I do hope that the just and compassionate face of justice will emerge from the chief justice's court."

    Chief Justice of India K.G. Balakrishnan is the first member of the Dalit (deprived) community to hold the post.

    Arjun Singh also said in no uncertain terms that all the Indian Institutes of Management (IIMs) would have to toe the government line, refusing to buy their argument that the admission list would be out soon.

    "If the government has decided on some matter, IIMs would have to follow," the minister added.

    After the apex court verdict Monday, IIM-Ahmedabad director Bakul Dholakia had said: "There was some lack of clarity earlier. Now that it's clear, action will follow soon.

    "After a consensus, we had planned to release the first admission list on April 21 but did not do so after the government communication reached us April 19," he had added.

    The human resource development ministry's letter had asked all the IIMs not to issue "any offers of admission for the academic year 2007 until such institutions receive further communication" in this regard from the central government and warned them against any "unilateral decision". (IANS)

    The most telling political reaction on the OBC Reservation issue with hints of what lies ahead comes from AICC general secretary Digvijay Singh who while expressing disappointment over what he called “the setback for the social agenda of the centre” and said such court rulings could make the socially deprived sections ponder over the courts’ attitude towards socially important legislation. Quoting Digvijay Singh as reported by the Times News Network
    “It (the ruling) will hurt the socially deprived sections more than the Congress. It is very unfortunate. I am not attributing bias to the courts but then such rulings will once again make the people of India, especially the socially deprived sections, ponder why courts always go against legislation meant for underprivileged.
    “People are observing why legal decisions on social issues are going against”

    Get Under Society’s Skin

    By Gail Omvedt

    24 April, 2007
    Hindustan Times

    The Supreme Court’s recent decision and reiteration to stay the order regarding OBC admissions until accurate data is available has brought forth the expected reactions. Defenders of ‘equality’ won by ignoring caste are hailing it; proponents of reservations are trying to put on a brave face. But in one way, the decision is helpful: the Supreme Court has given cogent arguments for the need for information to underlay policy. However, what many of the opponents of reservations may not appreciate is that this brings up squarely, once again, the argument for a caste-based census.

    The demand for this is now rising, and the Congress has issued a statement rejecting such an option. Why it has done so is hard to understand. If getting information about caste is ‘divisive’, then so is trying to remedy the situation. How do we remedy it without really good information? There is no adequate answer to this question.

    Many Indians opposed to a caste-based census have for years argued the issue in terms of divisiveness. Some have even made wild projections of chaos, violence and fragmentation. Yet, for decades, the United States has had not only fairly far-reaching programmes of affirmative action, but also a race-based census: people are asked their race, and do not consider this an insult. The policy has not led to chaos and violence, but rather has provided the foundation for efforts to remedy the situation.

    In the 1960s, the US did have a certain amount of violence, with ghetto rebellions, fights with the police and uprisings of angry young Black men and women. The situation was too extreme to ignore; instead, policy decisions were made. Now Blacks have penetrated more fields than ever before, and race riots are a thing of the past, even if racism itself has not been entirely overcome. Recognising the existence of race, like caste, is not the road to ruin, but is a necessary prerequisite for dealing with, and resolving, the issue.

    Those who argue for ‘merit’ ignore the fact that merit is not linked to caste. Here, biological inheritance and social conditioning have to be carefully differentiated. The reason that people of ‘higher’ caste origin perform better lies in their environmental advantages, which range from the fields of education, socialisation to economic well-being.

    The same, of course, has been true for race. Only, in the US, the arguments for and against, ‘nature’ versus ‘nurture’, have been made endlessly. One of the seemingly solidly documented books arguing for the reality of racial differences, Richard Hernstein and Charles Murray’s The Bell Curve, spent hundreds of pages arguing that IQ tests, in fact, reflected the existence of real intelligence — and since Blacks performed on the average significantly lower than the White average, they claimed that this reflected their actual capacities. Yet, the book let slip one important fact about IQ tests — that average scores have risen over the last few decades, by about the same amount as the ‘difference’ between average White and Black scores.

    In other words, IQ tests reflect a degree of environmental advantage and socialisation, even ‘learning’ about taking IQ tests. Even at an early age, this environmental difference is there. In many European countries, the average scores had risen because the scores of the lowest deciles rose faster: in other words, the spread of mass education had made a difference.

    In India, there has been no such extensive academic and general intellectual debate about test scores, heredity and environment; only a good deal of frantic and self-justifying outpourings. But the examinations here, as well as interviews, are much less objective, much more culture-bound than IQ tests. Education is much more unequally distributed. Denial of caste inequalities has been less reasonable, more ingrained, more emotional.

    In comparison with race, though, it is superficially easy to avoid dealing with caste: it is not so easily visible as race is, though both are equally social and not biological factors. There is a good deal of social interaction directed at understanding the other’s caste, but these are less obvious and visible. As a result, a superficial ‘passing’ is much easier, particularly for employment, if not for more personal issues such as marriage. Yet the scars of caste remain, of this there is no doubt. What is needed is more informed discussion and debate, not a closing of eyes, ears and mouths to mimic the monkey reaction to reality.
    http://www.countercurrents.org/omvedt240407.htm

    Non-friendly NGOs under CPM scanner
    TAMAL SENGUPTA & ATMADIP ROY

    TIMES NEWS NETWORK[ WEDNESDAY, APRIL 25, 2007 03:44:44 AM]

    KOLKATA: Wizened by the role played by NGOs in the Nandigram episode, WEST Bengal CPM is drawing a strategy to control several non-government organisations working on reports from its East Midnapore district unit.

    “Instead of carrying out social work and offering help to the local people, many of the NGOs have played a dirty game against our government. These NGOs have also links with the opposition parties and some fundamental forces,” a senior CPM leader from East Midnapore district told the state party leaders recently.

    CPM’s trade union arm Citu is now considering proposals whether they can form trade unions among the NGOs which employ more than 40 people. “Problem is that many employees engaged in several NGOs don’t want to involve themselves in trade unionism as they feel this might not be seen as a good gesture by their employer and the employers might take punitive action against them,” Citu state secretary, Kali Ghosh told ET on Tuesday.

    Mr Ghosh, however, made it clear that there was no bar for any trade union to float their units anywhere where employers-employee relations exists. “Employees of some NGOs recently met me and complained against their employers who don’t follow rules and regulations in employing people,” he said.

    These employers always try to project themselves as social workers in order to deprive their employees of legitimate dues,” Mr Ghosh pointed out.

    Another Citu leader, Prasanta Nandichoudhury, however, claimed that they have already floated their units in some large NGOs which have employed more than fifty persons. “Some NGOs are running private engineering colleges in different West Bengal districts like East Midnapore. We have our units in all these NGOs,” claimed Mr Nandichoudhury.

    Not only at Nandigram, a number of NGOs were also very active at Singur where the Tata Motors is setting up its small car manufacturing unit on about 997 acres. The CPM is worried about the style of functioning of these NGOs because these Organisations also carry out their work at grass root levels like the CPM does.

    CPM has influence among the rural population and some of these NGOs are also trying to contact the rural people and have posed an apparent threat to the CPM’s organisational network. Many of the senior CPM leaders including the state secretary Biman Bose, have therefore, raised questions about the role played by these NGOs.

    The CPM had sounded a red alert about a section of NGOs in 2005 during the 21-st state conference of the party held in Kamarhati in North 24-Parganas. “We have to keep a close watch on the political activities being carried out by Anandamargis, International Society For Krishna Consciousness (ISKCON) a handful of churches and NGOs,” the CPM had categorically pointed out in a document released after the state conference.

    “It is one thing to carry out religious and social activities. But it is totally different if any organisation intends to carry on reactionary politics and encourage separatist movements in the name of carrying out social and religious works,” the party document pointed out categorically.

    Buddha to Mamta: Restore peace in Nandigram

    KOLKATA: West Bengal Chief Minister Buddhadeb Bhattacharjee on Wednesday appealed to opposition parties, including the Trinamool Congress, to stop boycotting all-party meetings to restore peace in the Nandigram area.

    "I am appealing to opposition parties once again to join all-party peace meetings in Nandigram for the return of normalcy and am directing the local administration to call
    such a meeting," Bhattacharjee told reporters at the Writers' Buildings here.

    Pointing out that all-party peace meetings were very necessary, he said they were not being held because of a boycott by opposition parties, including the Trinamool.

    "Trinamool Congress gave its word that it would attend the meetings and boycotted the last one on April 22," he said.

    Bhattacharjee's remarks came in the wake of his first visit to Haldia in East Midnapore since the police firing and violence in Nandigram on March 14 that killed 14 people.

    Pointing to the situation in Nandigram, Bhattacharjee said, "Roads are dug up, communications disrupted, transport stalled, shops and offices closed, children are unable to attend school and some examinees are unable to sit for the Madhyamik due to the abnormal situation there.

    "I have been informed that panchayat offices are closed in Nandigram, lakhs of rupees for projects are tied up in files and no development work is taking place," he said.

    Bhattacharjee said nearly 2,500 CPI-M supporters were still homeless in Nandigram.

    "They are the people of the area. They are also human beings. How long can this situation continue in Nandigram where small incidents of violence are taking place almost every day?"

    No date has been fixed for the next all-party meeting. Such meetings called on four earlier occasions -- on April 3, March 10, February 22 and 19 -- were boycotted by the opposition platform, Bhumi Ucched Pratirodh Committee, which has been spearheading a movement since early January against the acquisition of land for a chemcical hub to be set up by Indonesia-based Salim Group.

    Bhattacharjee has publicly said that the chemical hub will not be set up at Nandigram and shifted elsewhere.

    The 14 people were killed on March 14 when people tried to stop police from entering villages in Nandigram.
    OBC admissions can be put on hold: Arjun Singh

    New Delhi, April 25: The government said Wednesday it was "entirely possible" to provide admissions in general categories in elite educational institutions while putting on hold reservation for OBCs till the court decides.

    “It is entirely possible... That is why we are trying to accommodate non-reserved categories," Singh told reporters replying to a question on whether the government planned to go ahead with admissions for students belonging to non-reserved categories while putting on hold the process for OBCs.

    He said the government was formulating a plan wherein the admission of students belonging to OBC category could be taken up after the Supreme Court`s decision on the issue.

    Singh said any decision on the admission process will be a collective one. "The decision to keep the admissions on hold was a collective decision."

    Similarly, he said any decision on going ahead with the admissions to the elite educational institutions would have to be a collective one. He also said that there was no pressure from the allies on the issue.

    Prime Minister Manmohan Singh has convened a meeting of the Cabinet Committee on Political Affairs (CCPA) to discuss the issue, Singh said. The meeting is expected to be held around 8 pm tonight.

    Singh dismissed reports of differences between the HRD and Law ministries on the quota issue. "On this issue or any other issue, there are no differences between the law ministry and our ministry. Both ministries filed the petition in the court together," he said.

    Govt expects FDI inflow to reach $25 bn by 2009
    MUMBAI: The Government on Tuesday said it expects foreign direct investments in the country to touch $25 billion by 2008-09 from $16 billion at present.

    "We are expecting exponential growth in FDI. It is expected to reach $25 billion by 2008-09," Minister of State for Industry Ashwani Kumar said here at the Engineering Export Promotion Council Western Region Award Function.

    The country has achieved the highest FDI in 2006-07 at $16 billion, he said.

    FDI can play a complimentary role in generating higher efficiency in areas of power generation, food processing and oil and gas, Kumar said.

    EEPC, the apex body of engineering exporters from the country, expects growth of 30-35 per cent in engineering exports in 2007-08.

    "We are targeting $35-36 billion exports of engineering goods and services during fiscal 2007-08," Council's Chairman Rakesh Shah said.

    Exports in this sector over the last couple of years have been growing at over 20 per cent and account for 21 per cent of the country's total exports, he said.

    "Engineering exports is the largest foreign exchange earner for the country," he said.

    The western region exported engineering items worth $8.14 billion in 2005-06, a growth of 23.5 per cent over 2004-05, he said.
    RBI's steps to contain inflation without harming growth: FM
    NEW DELHI: Reserve Bank's annual monetary policy will moderate inflation without hurting growth, while providing relief to small housing loan borrowers, Finance Minister P Chidambaram said on Tuesday.

    "We must moderate inflation without affecting growth. Both are important - moderate inflation and high growth. And I think what RBI has done today is broadly in line with government's thinking. These steps would moderate inflation without affecting growth," he said.

    RBI projected India's economy to grow by a slower 8.5 per cent in 2007-08 against the expected 9.2 per cent for 2006-07. It also projected inflation to remain close to five per cent during 2007-08 and 4-4.5 per cent over the medium term.

    Chidambaram said: "They (inflation) are aggressive targets. To keep inflation below 4.5 per cent is indeed an aggressive target. But that appears to be the tolerance level for inflation. So, RBI is aiming at inflation below 4.5 per cent. Certainly, government would welcome that stance and support that stance."

    However, on RBI's projection of slower GDP growth, he said it was a cautious and conservative position.

    If manufacturing rises by double digit numbers like services, 8.5 per cent GDP growth would be floor and not the ceiling, he said.

    On RBI's measure to reduce risk weight age on housing loans up to Rs 20 lakh, he said the step would provide relief to small borrowers, who constitute 80 per cent of the total loan seekers.

    "It's a good response, positive response from RBI. Bank chiefs had made an appeal to RBI in this respect. And I think as a result of that most small borrowers, that is who take a home loan between 8-10 lakh, should get some relief."

    National Coordination Centre on Naxalism to meet tomorrow

    New Delhi, April 25: The National Coordination Centre on Naxalism will meet here tomorrow amidst reports of a "shift in strategy" by the ultras leading to high casualties.

    The meeting, to be chaired by Union Home Secretary Madhukar Gupta, will be attended by Chief Secretaries and Directors Generals of Police of the affected states, an MHA spokesman said today.

    Senior officials from various central ministries and departments will also participate in the meeting to take a holistic view of the matter.

    Tomorrow's exercise comes close on the heels of the meeting of the Inter-Ministerial Group (IMG) at Patna and that of the Naxal Task Force at Hyderabad earlier in this month.

    The IMG meet took a close look at developmental issues as the government considers Naxalism is not merely a law and order problem and has deep socio-economic dimensions.

    Against this backdrop, the centre funds the Backward Districts Initiative (BDI) Programme to fill critical gaps in physical and social development in areas hit by Maoist violence. Funds for development in these areas are given under the Backward Regions Grant Fund (BRGF) scheme.

    The IMG meeting took place barely two days after the meeting of the Home Ministry's Task Force on Naxalism in Hyderabad, where the agenda included joint strategies to tackle Naxals, modernising intelligence gathering, and improving inter-state coordination to meet the target of eliminating the menace in the next three years.

    The Naxal-hit states are Andhra Pradesh, Maharashtra, Karnataka, Tamil Nadu, Chhattisgarh, Jharkhand, West Bengal, Madhya Pradesh and Orissa.

    The MHA has said in a report that the shift in Naxal strategy is in terms of increased militarization, multiple attacks, mobile warfare and effective use of improvised explosive device and landmine blasts by Naxalites causing high casualties.

    Data available with the Home Ministry reveals that the Naxalites, who mostly use improvised explosive devices (IED) and landmines, killed 521 civilians and 157 police personnel in 2006, against 524 civilians and 153 policemen in 2005.

    Naxalites are focusing their efforts at social mobilisation through a large number of front organisations under the banner of People's Democratic Front of India.

    Besides continued Naxal violence, CPI (Maoist) has increased efforts to mobilise mass support on the strength of local sentiment of tribals against upcoming industrial projects and SEZ.

    The meetings of the task force and the IMG are to be held in the backdrop of a spurt in Naxal violence in different parts of the country, particularly recent attacks in Chhattisgarh, Jharkhand and Bihar.

    Concerned over these attacks, Central Paramilitary Forces are framing a more pro-active approach, including steps like going after prominent leaders to smash naxalite networks and taking control of rebel strongholds.

    Of the total 12,476 police stations in the country, naxal violence has been reported during 2006 from 395 stations as against 460 police stations during the previous year.

    The biggest-ever naxal attack was in Chhattisgarh this year, when 55 policemen were recently killed by CPI-Maoist rebels who stormed a police station in Bastar region.

    A property tax dispute between New York City and two diplomatic missions to the UN - India and Mongolia - wound up in the highest US court, spotlighting a case that could have broader international implications.

    New York authorities on Tuesday approached the Supreme Court to claim $16.4 million in city property taxes from India and $2.1 million from Mongolia because both countries let staff members live in m

  • Judicial Activism

    Judicial Activism
    Palash Biswas

    Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, Kolkata- 700110, India. Phone: 91-033-25659551

    Email: alashchandrabiswas@gmail.com">palashchandrabiswas@gmail.com

    SC seeks police firing papers
    OUR BUREAU
    New Delhi/Calcutta, April 24: The Supreme Court has asked Calcutta High Court to send records of the Nandigram firing cases pending before it.

    The request came after a person sought a judicial probe into the police firing that allegedly killed 14 villagers protesting against land acquisition.

    On March 15, a day after the firing, the division bench of high court Chief Justice S.S. Nijjar and Justice P.C. Ghosh ordered a CBI probe into the incident. The same day, the court admitted nine petitions seeking its intervention.

    Besides these 10 — the one initiated by the court and the nine others — another petition demanding compensation for the victims and their kin was admitted later.

    The order by the Supreme Court Registry was issued on the direction of Justice G.P. Mathur, who heads the PIL (public interest litigation) cell, which scrutinises letters that could be treated as PILs.

    In a 1984 order, the apex court had said that when it was for the rights of poor, disabled or the ignorant, even a letter or a telegram could be treated as a petition.

    After scrutinising a letter, the PIL cell places it before the chief justice, who decides whether the court should entertain it.
    http://www.telegraphindia.com/1070425/asp/bengal/story_7694831.asp

    In a bid to restore normalcy

    Shyam Sundar Roy
    MIDNAPORE, April 24: The Midnapore East district authorities are not aware that they have unwittingly affirmed the 14 March massacre in Nandigram, albeit indirectly, by not including the police-cadre combined crime on the agenda of all-party peace meetings as demanded by the Bhumi Uchhed Pratorodh Committee (BUPC).
    In a bid to restore normalcy in Nandigram, the district administration had organised as many as 11 such meetings ~ four at district level, six at block level and one at subdivisional level ~ in the past four months, while the district police called a separate meeting on 22 April.
    The BUPC, comprising the Congress, Trinamul, Suci, BJP and the Jamait-e Ulema have been consistently boycotting these meetings as their demands were not being conceded. They alleged that had the administration’s policies been fair enough, it would not have hesitated to fulfill their demands.
    But the administration did not take the risk of being slapped at the hands of the BUPC by listing the police operation on unarmed peasantry in which 14 people, including six women, were killed and many raped, on the agenda.
    Meanwhile, exploding bombs and indiscriminate firing by CPI-M cadres across the Talpati Khal from Khejuri side continues unabated, terrorising the people of Sonachura, Adhikaripara, Gokulnagar areas, which are the strongholds of BUPC.
    The reason behind the desperation of the CPI-M cadres to hire hoodlums even after the busting of their unauthorised armoury at Janani Brickyard in Sherkhanchowk of Khejuri on 16 March by the CBI and intercepting 10 of their gunmen was the feeling that they would be let off when the matter comes up at the Division Bench of Calcutta High Court late this month, BUPC leaders said.
    For, according to them, the state Assembly speaker, the LF chairman and the state transport minister had mounted pressure by commenting that the High Court had overstepped its limit by taking cognisance of the “cold horror” statement of the Governor and ordering a suo motu CBI inquiry into the bloody incidents of Nandigram.
    http://www.thestatesman.net/page.news.php?clid=23&theme=&usrsess=1&id=154629

    Judicial activism was made possible in India, thanks to PIL (Public Interest Litigation). Indian Parliament and Political parties representing only Brahminical ruling Clasees have this topic of Judicial Activism as topmost priority in their contradictory agendas.The Supreme Court Tuesday decided to begin examining from May 8 the constitutional validity of the law providing for 27 percent reservation to Other Backward Classes (OBCs) in higher educational institutions.A bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran advanced the hearing slated for August, after it heard government's plea to expedite the matter. With OBC quota in discussion, Caste Hindu politicians, who are never interested in social justice, have the best opportunity to console Vote Bank consisting of Eighty Percent enslaved Underclasses and underprevileged communities including Dalits, tribals, BC, OBC and Minorities. After Nandigram Massacre. CPIm finds an opportune topic for escape! With the Apex court directing Calcutta High Court to send it all documents regarding Nandigram, the RED horses of Manusmriti are bound to be very vocal against Judicial Activism in and out Parliament. Irony is this that they refrain to mention Nandigram, OBC Quota suits CPIM most. Interestingly, reservation is not fully implemented in left ruled states. WB Governement even has not identified the OBC castes in Bengal!

    India is shining! Ruling classes have not to bother about masses.The Reserve Bank of India’s monetary and credit policy for fiscal 2007-08 announced today by the RBI Governor, Dr YV Reddy, kept all policy rates, CRR, repo and reverse repo steady, signalling that it had done enough to maintain economic stability and control inflation. Some new measures, mainly relaxation in forex usage, suggest progress towards rupee convertibility. The stock markets greeted the policy with the BSE Sensex closing up 1.50 per cent with an increase of 208.39 points. The rupee rallied past 41 per dollar for the first time in nine years on Wednesday, buoyed by robust capital inflows and as exporters hedged against further appreciation, traders said.The rupee ended at 40.90/91, having traded as high as 40.85 -- its strongest since May 1998, according to Reuters data. The gains follow a rise of more than 1 percent on Tuesday, when it closed at 41.10/12.

    This face saver comes within a day of the 2 judge bench of Justice Arijit Pasayat and Justice L.S. Panta refusing to vacate the interim stay on 27 per cent reservation for Other Backward Classes in elite educational institutions.The Centre’s reaching out to the Chief Justice and the subsequent advancement of the hearing must be seen in this perspective. For long the Indian Judiciary has maintained its above politics status and more often than not in recent times has come out strongly in favor of the people against the Government even if it mean appropriating to itself executive actions where the Government of the day was found to be wanting. But what the Courts have avoided was providing constitutional cover to rank political issues after the costly missteps during the Indira Gandhi era in the run upto emergency.
    While fixing May 8 to hear the legality of the Central Educational Institutions (Reservation in Admissions) Act, 2006, the court directed all the parties to conclude their arguments within 10 days.
    On Monday, a bench of Justices Arijit Pasayat and L.S. Panta refused the government's plea to revive the quota law stayed by it. While suspending the law citing lack of updated census data for OBCs, it had decided to hear on its constitutionality in the first week of August.But the three top law officers of the government Tuesday made a plea before the chief justice's bench to expedite hearing in the matter.Attorney General Milon K. Banerji, Solicitor General G.E. Vahanvati and Additional Solicitor General Gopal Subramaniam appeared before the bench shortly after 2 p.m. on behalf of the government.They said if the judiciary did not settle the matter at the earliest, an entire academic year of tens of thousands of meritorious students would be lost.They said most higher educational institutions had even conducted their interviews after holding entrance tests for the admission and were eager to declare the list of successful candidates.
    The OBC quota issue and the human trafficking case are expected to cast their shadow on the month-long second phase of Parliament's budget session beginning tomorrow, with the Finance Bill 2007-08 being brought in early for approval on May 3. The session, being held in the midst of crucial assembly elections in Uttar Pradesh, is likely to witness fireworks on a number of other issues as well, like the rise in prices, internal security and Kashmir.

    With the executive and legislature on one hand and the judiciary on the other not on the best of terms, the session will also see a special discussion on the judiciary's role.

    The discussion will take place in the backdrop of the Supreme Court's refusal to vacate its stay on the law, passed unanimously by Parliament, providing for a 27 per cent quota for OBCs in elite educational institutions. In fact, there will also be a discussion on the OBC quota at a time when parties across the political spectrum are demanding that the reservation in higher education be made applicable from the next academic year.

    With suspense continuing on the OBC quota issue, HRD Minister Arjun Singh on Wednesday met Prime Minister Manmohan Singh on how to go about ensuring the interests of general category students in IIM admissions while protecting the OBC students.Before his meeting with the Prime Minister, the HRD Minister said that there was a 'qualitative change' in the situation following Supreme Court advancing the hearing on the quota issue by three months.

    Describing the court direction as a 'welcome step', he said 'it indicated that the court has understood the implications of this issue which has wide ramifications. I hope the early hearing can lead to a solution to the issue.'Dismissing criticism that his ministry took 'arbitrary' decision on the IIM admission issue, he said that it was decided by all political parties, including the UPA allies that the admissions should be put on hold till the matter was resolved.The Minister said that he would consult the Prime Minister to seek his guidance on how to go about on the issue of non-reserved category while protecting seats for OBCs.

    Hectic consultations were held by the minister with his top officials on Tuesday after Chief Justice KG Balakrishnan fixed May 8 for hearing the matter in the Court.

    "Some signs of hope are there," he had said adding, "we will try to resolve it to some extent."

    The IIMs have decided to keep on hold admissions to their post graduate programme for the coming academic year till the Supreme Court decides on the quota for OBCs in elite educational institutions.

    The elite business schools said they would offer admissions to successful candidates for the 2007 programme only after the impasse over quotas for OBCs is sorted ou

    Lok Sabha Speaker Somnath Chatterjee announced the advancement of the discussion on the Finance Bill, which will now come up for approval on May three, in keeping with a decision of the all-party meeting convened by him today.

    The human trafficking case, allegedly involving BJP MP Babubhai Katara, and some others could generate friction between the treasury benches and the opposition with the BJP demanding that all such issues, including the Katara case as also the tainted ministers, be taken up by the Ethics Committee.

    The current Lok Sabha has already witnessed the expulsion of 10 members in the cash-for-questions scandal.

    The government's plans to advance the passage of the Finance Bill came under attack from the opposition and Left parties, but the Speaker later said "adequate time" would be alloted for discussion on it and there would be no deduction in the number of hours slated for the debate.

    At the meeting, the BJP and Left parties protested over Finance Minister P Chidambaram's foreign visit during May 6-10 when Parliament will be in session, saying ministers should not go out of the country during the session.

    While the Katara affair and the controversial BJP CD will come in handy for the Congress and Left parties to corner the saffron party, the BJP will rake up the Nandigram issue and rising prices to embarrass the Marxists and the UPA coalition.

    Left parties, key outside supporters of the UPA, have stepped up pressure, telling the government not to take their support for granted if it failed to change its policies.

    The BJP has said it will seek an explanation from Prime Minister Manmohan Singh in the wake of Pakistan Foreign Minister Khurshid Mehmood Kasuri's statement that a settlement on the Kashmir issue was on the cards.

    Besides these issues, FDI in retail, the environment and recent reports about global warming and its impact on India and its agrarian economy will also come up for discussion.
    The CPIM central committee expressed concern at the growing trend of judicial encroachment in the spheres of the executive and parliament.The central committee met in New Delhi from March 31 to April 2, 2007. The central committee expressed its apprehensions on the Supreme Court judgement on the Ninth schedule of the Constitution making laws to be in the Ninth schedule subject to judicial scrutiny. The basic features of the Constitution have not been defined by the Supreme Court in the Keshavanand Bharati case. It is necessary to have a clear definition of the basic features of the Constitution.Increasingly, the higher judiciary is intervening in favour of the private sector, and the employers. There have been a number of judgements by the Supreme Court in the recent period, which overturned verdicts favouring the workers. At the same time, the trend of curtailing democratic rights and collective action by the higher judiciary continue. The Kerala High Court order banning student organisations and political activities from the campuses is one such instance. The central committee is of the firm opinion that there should be judicial accountability and reforms in the judiciary. A National Judicial Commission which comprises not just serving judges must be constituted for appointment and related issues.

    No FIR may be lodged without green signals from Alimuddin Street. In Nandigram,the rapists were trying their best to evict the locals to clear fertile land for Salim. The rapists dressed or undressed belong to Buddha`s gestapo. If Judiciary takes up the issue,why should we consider it Judicial activism!

    Mind you,six rape victims from Nandigram, including a 12-year-old girl, today met the Governor, Mr Gopal Krishna Gandhi, and the chairman of the state Human Rights Commission and requested them to take action against the accused. The government has failed, even after a month of the complaints being lodged, to take any action against the accused even though the women have identified them. One of the rape victims said: “Even now, CPI-M cadres and police threaten they will rape us again or kill us if we make statements before the commission.”
    The Governor had reportedly assured the victims to take up the matter with the state government. The women also urged the commission to hold an open forum in Nandigram where victims who have been intimidated into silence can speak about their plight.

    So is the case with Death carnival in Tea gardens of North Bengal while the chief minister says that no death has taken place at all! Meanwhile, failing in its earlier efforts to improve the condition of tea estate workers of north Bengal, state Human Rights Commission has decided to visit the place and conduct an on-the-spot enquiry.A team headed by the chairman is slated to visit Raipur Tea Estate and such other closed tea estates in Jalpaiguri in the last week of May. The decision came following an appeal by the Cha Mazdur Congress, an association comprising labourers of the Raipur Tea Estate.
    Mr Kalyan Chakraborty, working president of the association said that 73 starvation deaths have taken place and most workers are suffering from malnutrition. Workers are not getting their salaries since 2003. Even their statutory provident fund and gratuity have stopped.

    Faced with violent protests over land acquisition for industry in West Bengal, the Buddhadeb Bhattacharjee government has now another problem on hand as a survey has found that very little non-agricultural land is available in the state for industry. According to the survey, conducted by the Land and Land Reforms Department, only 22,412 acre of vested non-agricultural land is available in the state for industrial and commercial use. The situation becomes more acute with the report revealing that nearly 50 per cent (10, 831 acre) of this total land is available in North Bengal's hill district of Darjeeling where there is virtually no demand for land to set up industry. Based on the pending industrial and commercial proposals before the state government, it is estimated that nearly 90,000 acre would be required, mainly in So the current demand.

    As per the survey, less than 4000 acre is available in the entire South Bengal where the demand for land is very high to set up steel plant, SEZ, chemical hub and other industries.

    Certainly it cannot be anybody?s suggestion that our constitution be redrafted to meet new demands and changed perspectives of the nation, because that would be the end of this nation if we think ever to go for a new constitution.A Constitution, written or unwritten, is the lifeline of a nation and so is the case with India?s. In fact, sovereignty of India lies with our constitution and neither with parliament nor with the people, as some people think. Even parliament cannot amend the constitution if it purports to change its basic structure. The ultimate power lies with none but within the constitution itself and our constitution is the sole authority from where the state and the people
    assume power, be it executive, legislative or judicial. Indian constitution is not just a law book or a legal treaty, but it is the ultimate emanatory of our political and social existence.
    http://www.mail-archive.com/assam@assamnet.org/msg10868.html
    See also:
    http://www.asienhaus.de/public/archiv/Chap1.pdf
    http://www.chowk.com/show_article.cgi?aid=00007771&channel=civic%20center
    http://pd.cpim.org/2007/0408/04082007_cc%20communique.htm
    http://www.geocities.com/bororissa/jud.html
    http://www.hinduonnet.com/thehindu/br/2002/06/11/stories/2002061100090300.htm
    The Tribune, Chandigarh, India - EditorialEnd of judicial activism In a landmark judgement the Supreme Court has shrunk its ... Two cases in South India challenging the hiring out of two hotels ...
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    Amazon.com: Judicial Activism in India: Transgressing Borders and ...Amazon.com: Judicial Activism in India: Transgressing Borders and Enforcing Limits (Law in India): Books: SP Sathe by SP Sathe.
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    The Hindu : Opinion / Leader Page Articles : Judicial activism and ...The great contribution of judicial activism in India has been to provide a ... It is in this context that judicial activism has flourished in India and has ...
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    Latest News on 'judicial activism in india' | India News by ...Provides lists of India news on judicial activism in india tags.
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    [PDF] Judicial Activism In India: Floated Myths And Flouted RealitiesFile Format: PDF/Adobe Acrobat - View as HTML
    Judicial activism, in India, is a movement from personal injury to public concern by relaxing,. expanding, and broadening the concept of locus standi. ...
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    OUP: UK General CatalogueJudicial Activism in India Transgressing Borders and Enforcing Limits. Second Edition. S. P. Sathe. Price: £12.99 (Paperback) ISBN-10: 0-19-566823-5 ...
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    Fifty Years of the Supreme Court of India: Its Grasp and Reach“[I]n India the guardian of democracy is not the legislative wisdom but the ... In effect there exists a constitutional mandate for judicial activism. ...
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    Judicial activism: Who is more right?-India-The Times of IndiaThe two remarks at a conference have added to the ongoing debate on judicial activism. The Prime Minister’s measured words have put forth the position of ...
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    The year 2000 marked the fiftieth anniversary of the passage of India’s Constitution. Over the past three years, several scholars have published pieces commemorating India’s legal system, and more generally, the “success” (Kohli 2001) of its democracy (see e.g., Verma & Kusum 2000; Kirpal et al. 2000; Austin 2000). However, no one work has provided as nuanced an analysis of the Supreme Court’s jurisprudence since Independence, than Professor S.P. Sathe’s recent book entitled JUDICIAL ACTIVISM IN INDIA. Long viewed as one of India’s pre-eminent constitutional legal scholars, Sathe, in this study, offers a careful and detailed treatment of how the Supreme Court has shifted from an originally detached, positivist institution to one that is an active player in daily political life. As Upendra Baxi notes in his prefatory comments, Sathe’s quest is not only to document that such a shift has occurred but also to offer a normative perspective on whether the Court’s increased activism has been good for India’s democracy. For those who are interested in an historical, jurisprudential, and political analysis of the Indian Supreme Court, this book is a must read.
    http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/sathe-sp.htm

    Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not do so as a proxy for the victim or the aggrieved party. But around 1980, the Indian legal system, particularly the field of environmental law, underwent a sea change in terms of discarding its moribund approach and instead, charting out new horizons of social justice. This period was characterized by not only administrative and legislative activism but also judicial activism.

    In a modern welfare state, justice has to address social realities and meet the demands of time. Protection of the environment throws up a host of problems for a developing nation like ours. Administrative and legislative strategies of harmonization of environmental values with developmental values are a must and are to be formulated in the crucible of prevalent socio-economic conditions in the country. In determining the scope of the powers and functions of administrative agencies and in
    striking a balance between the environment and development, the courts have a crucial role to play. Principle 10 of the Rio Declaration of 1992 specifically provides for effective access to judicial and administrative proceedings, including redress and remedy.
    http://www.legalserviceindia.com/articles/jjj.htm
    Mr. Chaman Lal addressed the participants of the PG diploma course in Human Rights on the 30th of July and 31st July. On the first day he extensively spoke about the Judicial Activism, he said Judicial activism does not find any mention in constitution, it is not defined anywhere but is widely talked about in all section of society, NGOs and bureaucrats. Assertion of Judiciary and its power is judicial activism, many people label it is over active judiciary. Keshvanand Bharati Vs. Kesala, Minerva Mills Vs. Union of India, India of Gaudlis Vs. Raj Naraian & S.P. Vs. Union of India etc. are few landmark cases that highlight judicial activism.

    Using judicial activism as a weapon Supreme Court gives directive through government. In Vineet Narayan Vs. Union of India, the famous Hawala case Supreme Court monitored the riweshgahous, it issued directives for CBI and intelligence services to be present in all hearings. He said that Judicial reforms are needed therefore judicial activism should go hand in hand with judicial restraint.
    http://www.rlek.org/nhrc.html

    I was raped by cop: Nandigram victim

    KOLKATA: A woman told officials probing the Nandigram killings in West Bengal that she was raped by a policeman on March 14 during a police attempt to crush protests by villagers against land acquisition. Kajal Majhi of Kalicharanpur village in East Midnapore district made the allegation Tuesday to senior official Balbir Ram, appointed by the government to inquire into alleged police atrocities in Nandigram.

    Kajal reportedly said she was raped when the police entered Gokulnagar village in Nandigram, 150 km from here, while the villagers were protesting against proposed land acquisition for a special economic zone (SEZ).

    "We peacefully assembled in the village when police entered the area and tear-gassed us. When I went to wash my eyes, a policeman forced me inside a cattle shed and raped me and I fainted," she said.

    "I regained consciousness after a day. The local people first took me to the Nandigram hospital and then to the Tomluk district hospital. I came back home after 11 days of treatment," she said.

    Pushpa Mondal, who suffered a bullet injury apparently in police firing, and Bhanu Das, father of a villager who was killed during the protests, were also present at Tuesday's hearing.

    Fourteen people were killed and over 100 injured in violence in the area last month.
    http://timesofindia.indiatimes.com/Cities/Kolkata/I_was_raped_by_cop_Nandigram_victim/articleshow/1954457.cms

    Are judges over-reaching?
    The Constitution has clearly drawn the Lakshman Rekha for both the Legislature and the Judiciary to maintain their independence in their respective functioning. But what happens when either judges or lawmakers cross this line? Pradeep Baisakh presents an overview of that much maligned term, judicial over-reach.

    "The line between judicial activism and judicial overreach is a thin one ... A takeover of the functions of another organ may become a case of over-reach" - Dr. Manmohan Singh, speaking at the Conference of Chief Ministers and Chief Justices held in New Delhi in April 2007.

    19 April 2007 - In the Constitutional scheme of things, necessary care has been taken to strike a balance of power among the three organs of the State, namely, the Executive, the Legislature and the Judiciary. However there have been phases during which one organ has dominated the scenario, thereby apparently posing a threat to the balance visualized by the Constitution. During the last decade or so, we have been witnessing the phase of 'judicial activism', wherein judges have allegedly taken to themselves some roles of the Executive and the Legislature. The very recent verdict of the Supreme Court on the expulson of MPs from Parliament has once again brought to the fore question over the extent of judicial power over the functioning of legislatures.

    Constitutional position

    The Constitution, under various provisions, has clearly drawn the Lakshman Rekha for both the Legislature and the Judiciary to maintain their independence in their respective functioning. Where Articles 121 and 211 forbid the legislature from discussing the conduct of any judge in discharge of his/duties, Articles 122 and 212 on the other hand preclude the courts from sitting in judgement over the internal proceedings of the legislature. Article 105 (2) and 194 (2) protect the legislators from interference of the Courts with regards to his/her freedom of speech and freedom to vote.

    Thus, in theory, there is ample provision for each side to maintain its autonomy. But activism of any sort, whether by the judiciary or the legislature, throws up a million-dollar question: what happens when one side does not abide by the separation envisioned in the Constitution? On this, the Constitution is apparently silent, leaving it to the learned and responsible legislators and the judges to themselves ensure that they remain within their bounds. The sad fact, however, is that there have been numerous instances where these rather pious intents of the Constitution have been flouted without check.
    http://www.indiatogether.org/2007/apr/opi-judover.htm

    Nandigram: Fact And CPI(M)'s Fiction

    By Kavita Krishnan

    25 April, 2007
    Countercurrents.org

    [Kavita Krishnan from Liberation takes a look at facts about the Nandigram massacre and Communist Party of India (Marxist) -CPI(M)-sponsored fiction. Quotations from CPI(M) leaders are from Brinda Karat's 'Behind the Events at Nandigram' ( The Hindu, March 30, 2007), 'Some Issues on Nandigram' also by Brinda Karat, People's Democracy, Vol. XXXI, No. 13, April 01, 2007, 'Defeat the politics of Terror' (PD editorial of March 18), CPI(M) Politburo statement of March 14, 'Singur: Just the Facts Please', Brinda Karat, ( The Hindu, December 13, 2006)].

    'Behind the events at Nandigram', says Brinda Karat, is no peasant resistance against corporate land grab. It's not 'bhumi ucched' (eviction from land) but 'CPI(M) ucched' (evict CPI(M)) that's up, she says. In a series of articles and statements by the CPI(M) top brass in media as well as the CPI(M) party organ PD, there is a concerted attempt to serve up CPI(M)'s version of Nandigram episode. Despite mandatory noises of 'regret' at the loss of lives in police firing, and a promise to 'introspect about mistakes, 'if any', the arguments being put forth are old, familiar ones. The firing it is said is regrettable, but it's the gang-up of Trinamool-Naxalites-Jamaat that really has to take the blame for the killings, because they attacked the police who were forced to fire to disperse the crowd. As a result, "in the crossfire that ensued, as always, innocent people became victims". It's the CPI(M) supporters who're the victims of a cleansing operation – contrary to the reports of all independent fact-finding teams. And 'foreign-funded', US-backed enemies of communists are spreading canards about large-scale participation of CPI(M) cadre in the March 14 operation, and about sexual assaults on women.

    Let us examine the main arguments of Brinda Karat and Co., one by one.

    "Once the CM Had Assured No Land Acquisition Without Consent, Why Was the Movement Called Off?"

    Brinda Karat argues that there was no raison d'etre for the continuance of the resistance in Nandigram since January 9, since the CM had assured that there would be no land acquisition if the people of Nandigram did not wish it. She adds, "Indeed he is the only chief minister in the country who has made such a categorical statement that a condition for land acquisition must be farmer consent."

    After such a principled declaration by Buddha, why indeed need the movement have continued?

    Well, in the first place, let's ask what price CPI(M)'s 'facts' and 'assurances'? May we draw Brinda Karat's attention to an article titled 'Singur: Just the Facts Please' published in her name in The Hindu after the first bout of police-cadre violence in Singur. In that article she had asserted as 'fact' that "Of the 997 acres required, the Government has received consent letters from landowners for 952 acres." Similar declarations had also been made in an article by no less than the CPI(M) General Secretary in a PD editorial titled 'Singur: Myth and Reality'.

    But an affidavit filed in response to an order of the Kolkata HC by the WB Government on March 27 records a different reality. In this affidavit, the Bengal government admitted that land was acquired in Singur under a section of the Land Acquisition Act 1894 that does not entertain disputes.
    http://www.countercurrents.org/kavita250407.htm

    The battle of wits over police brutality at Nandigram, allegedly aided and abetted by CPI-M cadres, acquired a new twist today when the state information department claimed it was yet t

  • title-2159538

    Judicial Activism Palash Biswas Contact: Palash C Biswas, C/O Mrs Arati Roy, Gosto Kanan, Sodepur, Kolkata- 700110, India. Phone: 91-033-25659551 Email: palashchandrabiswas@gmail.com SC seeks police firing papers OUR BUREAU New Delhi/Calcutta, April 24: The Supreme Court has asked Calcutta High Court to send records of the Nandigram firing cases pending before it. The request came after a person sought a judicial probe into the police firing that allegedly killed 14 villagers protesting against land acquisition. On March 15, a day after the firing, the division bench of high court Chief Justice S.S. Nijjar and Justice P.C. Ghosh ordered a CBI probe into the incident. The same day, the court admitted nine petitions seeking its intervention. Besides these 10 ? the one initiated by the court and the nine others ? another petition demanding compensation for the victims and their kin was admitted later. The order by the Supreme Court Registry was issued on the direction of Justice G.P. Mathur, who heads the PIL (public interest litigation) cell, which scrutinises letters that could be treated as PILs. In a 1984 order, the apex court had said that when it was for the rights of poor, disabled or the ignorant, even a letter or a telegram could be treated as a petition. After scrutinising a letter, the PIL cell places it before the chief justice, who decides whether the court should entertain it. http://www.telegraphindia.com/1070425/asp/bengal/story_7694831.asp In a bid to restore normalcy Shyam Sundar Roy MIDNAPORE, April 24: The Midnapore East district authorities are not aware that they have unwittingly affirmed the 14 March massacre in Nandigram, albeit indirectly, by not including the police-cadre combined crime on the agenda of all-party peace meetings as demanded by the Bhumi Uchhed Pratorodh Committee (BUPC). In a bid to restore normalcy in Nandigram, the district administration had organised as many as 11 such meetings ~ four at district level, six at block level and one at subdivisional level ~ in the past four months, while the district police called a separate meeting on 22 April. The BUPC, comprising the Congress, Trinamul, Suci, BJP and the Jamait-e Ulema have been consistently boycotting these meetings as their demands were not being conceded. They alleged that had the administration?s policies been fair enough, it would not have hesitated to fulfill their demands. But the administration did not take the risk of being slapped at the hands of the BUPC by listing the police operation on unarmed peasantry in which 14 people, including six women, were killed and many raped, on the agenda. Meanwhile, exploding bombs and indiscriminate firing by CPI-M cadres across the Talpati Khal from Khejuri side continues unabated, terrorising the people of Sonachura, Adhikaripara, Gokulnagar areas, which are the strongholds of BUPC. The reason behind the desperation of the CPI-M cadres to hire hoodlums even after the busting of their unauthorised armoury at Janani Brickyard in Sherkhanchowk of Khejuri on 16 March by the CBI and intercepting 10 of their gunmen was the feeling that they would be let off when the matter comes up at the Division Bench of Calcutta High Court late this month, BUPC leaders said. For, according to them, the state Assembly speaker, the LF chairman and the state transport minister had mounted pressure by commenting that the High Court had overstepped its limit by taking cognisance of the ?cold horror? statement of the Governor and ordering a suo motu CBI inquiry into the bloody incidents of Nandigram. http://www.thestatesman.net/page.news.php?clid=23&theme=&usrsess=1&id=154629 Judicial activism was made possible in India, thanks to PIL (Public Interest Litigation). Indian Parliament and Political parties representing only Brahminical ruling Clasees have this topic of Judicial Activism as topmost priority in their contradictory agendas.The Supreme Court Tuesday decided to begin examining from May 8 the constitutional validity of the law providing for 27 percent reservation to Other Backward Classes (OBCs) in higher educational institutions.A bench of Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran advanced the hearing slated for August, after it heard government's plea to expedite the matter. With OBC quota in discussion, Caste Hindu politicians, who are never interested in social justice, have the best opportunity to console Vote Bank consisting of Eighty Percent enslaved Underclasses and underprevileged communities including Dalits, tribals, BC, OBC and Minorities. After Nandigram Massacre. CPIm finds an opportune topic for escape! With the Apex court directing Calcutta High Court to send it all documents regarding Nandigram, the RED horses of Manusmriti are bound to be very vocal against Judicial Activism in and out Parliament. Irony is this that they refrain to mention Nandigram, OBC Quota suits CPIM most. Interestingly, reservation is not fully implemented in left ruled states. WB Governement even has not identified the OBC castes in Bengal! India is shining! Ruling classes have not to bother about masses.The Reserve Bank of India?s monetary and credit policy for fiscal 2007-08 announced today by the RBI Governor, Dr YV Reddy, kept all policy rates, CRR, repo and reverse repo steady, signalling that it had done enough to maintain economic stability and control inflation. Some new measures, mainly relaxation in forex usage, suggest progress towards rupee convertibility. The stock markets greeted the policy with the BSE Sensex closing up 1.50 per cent with an increase of 208.39 points. The rupee rallied past 41 per dollar for the first time in nine years on Wednesday, buoyed by robust capital inflows and as exporters hedged against further appreciation, traders said.The rupee ended at 40.90/91, having traded as high as 40.85 -- its strongest since May 1998, according to Reuters data. The gains follow a rise of more than 1 percent on Tuesday, when it closed at 41.10/12. This face saver comes within a day of the 2 judge bench of Justice Arijit Pasayat and Justice L.S. Panta refusing to vacate the interim stay on 27 per cent reservation for Other Backward Classes in elite educational institutions.The Centre?s reaching out to the Chief Justice and the subsequent advancement of the hearing must be seen in this perspective. For long the Indian Judiciary has maintained its above politics status and more often than not in recent times has come out strongly in favor of the people against the Government even if it mean appropriating to itself executive actions where the Government of the day was found to be wanting. But what the Courts have avoided was providing constitutional cover to rank political issues after the costly missteps during the Indira Gandhi era in the run upto emergency. While fixing May 8 to hear the legality of the Central Educational Institutions (Reservation in Admissions) Act, 2006, the court directed all the parties to conclude their arguments within 10 days. On Monday, a bench of Justices Arijit Pasayat and L.S. Panta refused the government's plea to revive the quota law stayed by it. While suspending the law citing lack of updated census data for OBCs, it had decided to hear on its constitutionality in the first week of August.But the three top law officers of the government Tuesday made a plea before the chief justice's bench to expedite hearing in the matter.Attorney General Milon K. Banerji, Solicitor General G.E. Vahanvati and Additional Solicitor General Gopal Subramaniam appeared before the bench shortly after 2 p.m. on behalf of the government.They said if the judiciary did not settle the matter at the earliest, an entire academic year of tens of thousands of meritorious students would be lost.They said most higher educational institutions had even conducted their interviews after holding entrance tests for the admission and were eager to declare the list of successful candidates. The OBC quota issue and the human trafficking case are expected to cast their shadow on the month-long second phase of Parliament's budget session beginning tomorrow, with the Finance Bill 2007-08 being brought in early for approval on May 3. The session, being held in the midst of crucial assembly elections in Uttar Pradesh, is likely to witness fireworks on a number of other issues as well, like the rise in prices, internal security and Kashmir. With the executive and legislature on one hand and the judiciary on the other not on the best of terms, the session will also see a special discussion on the judiciary's role. The discussion will take place in the backdrop of the Supreme Court's refusal to vacate its stay on the law, passed unanimously by Parliament, providing for a 27 per cent quota for OBCs in elite educational institutions. In fact, there will also be a discussion on the OBC quota at a time when parties across the political spectrum are demanding that the reservation in higher education be made applicable from the next academic year. With suspense continuing on the OBC quota issue, HRD Minister Arjun Singh on Wednesday met Prime Minister Manmohan Singh on how to go about ensuring the interests of general category students in IIM admissions while protecting the OBC students.Before his meeting with the Prime Minister, the HRD Minister said that there was a 'qualitative change' in the situation following Supreme Court advancing the hearing on the quota issue by three months. Describing the court direction as a 'welcome step', he said 'it indicated that the court has understood the implications of this issue which has wide ramifications. I hope the early hearing can lead to a solution to the issue.'Dismissing criticism that his ministry took 'arbitrary' decision on the IIM admission issue, he said that it was decided by all political parties, including the UPA allies that the admissions should be put on hold till the matter was resolved.The Minister said that he would consult the Prime Minister to seek his guidance on how to go about on the issue of non-reserved category while protecting seats for OBCs. Hectic consultations were held by the minister with his top officials on Tuesday after Chief Justice KG Balakrishnan fixed May 8 for hearing the matter in the Court. "Some signs of hope are there," he had said adding, "we will try to resolve it to some extent." The IIMs have decided to keep on hold admissions to their post graduate programme for the coming academic year till the Supreme Court decides on the quota for OBCs in elite educational institutions. The elite business schools said they would offer admissions to successful candidates for the 2007 programme only after the impasse over quotas for OBCs is sorted ou Lok Sabha Speaker Somnath Chatterjee announced the advancement of the discussion on the Finance Bill, which will now come up for approval on May three, in keeping with a decision of the all-party meeting convened by him today. The human trafficking case, allegedly involving BJP MP Babubhai Katara, and some others could generate friction between the treasury benches and the opposition with the BJP demanding that all such issues, including the Katara case as also the tainted ministers, be taken up by the Ethics Committee. The current Lok Sabha has already witnessed the expulsion of 10 members in the cash-for-questions scandal. The government's plans to advance the passage of the Finance Bill came under attack from the opposition and Left parties, but the Speaker later said "adequate time" would be alloted for discussion on it and there would be no deduction in the number of hours slated for the debate. At the meeting, the BJP and Left parties protested over Finance Minister P Chidambaram's foreign visit during May 6-10 when Parliament will be in session, saying ministers should not go out of the country during the session. While the Katara affair and the controversial BJP CD will come in handy for the Congress and Left parties to corner the saffron party, the BJP will rake up the Nandigram issue and rising prices to embarrass the Marxists and the UPA coalition. Left parties, key outside supporters of the UPA, have stepped up pressure, telling the government not to take their support for granted if it failed to change its policies. The BJP has said it will seek an explanation from Prime Minister Manmohan Singh in the wake of Pakistan Foreign Minister Khurshid Mehmood Kasuri's statement that a settlement on the Kashmir issue was on the cards. Besides these issues, FDI in retail, the environment and recent reports about global warming and its impact on India and its agrarian economy will also come up for discussion. The CPIM central committee expressed concern at the growing trend of judicial encroachment in the spheres of the executive and parliament.The central committee met in New Delhi from March 31 to April 2, 2007. The central committee expressed its apprehensions on the Supreme Court judgement on the Ninth schedule of the Constitution making laws to be in the Ninth schedule subject to judicial scrutiny. The basic features of the Constitution have not been defined by the Supreme Court in the Keshavanand Bharati case. It is necessary to have a clear definition of the basic features of the Constitution.Increasingly, the higher judiciary is intervening in favour of the private sector, and the employers. There have been a number of judgements by the Supreme Court in the recent period, which overturned verdicts favouring the workers. At the same time, the trend of curtailing democratic rights and collective action by the higher judiciary continue. The Kerala High Court order banning student organisations and political activities from the campuses is one such instance. The central committee is of the firm opinion that there should be judicial accountability and reforms in the judiciary. A National Judicial Commission which comprises not just serving judges must be constituted for appointment and related issues. No FIR may be lodged without green signals from Alimuddin Street. In Nandigram,the rapists were trying their best to evict the locals to clear fertile land for Salim. The rapists dressed or undressed belong to Buddha`s gestapo. If Judiciary takes up the issue,why should we consider it Judicial activism! Mind you,six rape victims from Nandigram, including a 12-year-old girl, today met the Governor, Mr Gopal Krishna Gandhi, and the chairman of the state Human Rights Commission and requested them to take action against the accused. The government has failed, even after a month of the complaints being lodged, to take any action against the accused even though the women have identified them. One of the rape victims said: ?Even now, CPI-M cadres and police threaten they will rape us again or kill us if we make statements before the commission.? The Governor had reportedly assured the victims to take up the matter with the state government. The women also urged the commission to hold an open forum in Nandigram where victims who have been intimidated into silence can speak about their plight. So is the case with Death carnival in Tea gardens of North Bengal while the chief minister says that no death has taken place at all! Meanwhile, failing in its earlier efforts to improve the condition of tea estate workers of north Bengal, state Human Rights Commission has decided to visit the place and conduct an on-the-spot enquiry.A team headed by the chairman is slated to visit Raipur Tea Estate and such other closed tea estates in Jalpaiguri in the last week of May. The decision came following an appeal by the Cha Mazdur Congress, an association comprising labourers of the Raipur Tea Estate. Mr Kalyan Chakraborty, working president of the association said that 73 starvation deaths have taken place and most workers are suffering from malnutrition. Workers are not getting their salaries since 2003. Even their statutory provident fund and gratuity have stopped. Faced with violent protests over land acquisition for industry in West Bengal, the Buddhadeb Bhattacharjee government has now another problem on hand as a survey has found that very little non-agricultural land is available in the state for industry. According to the survey, conducted by the Land and Land Reforms Department, only 22,412 acre of vested non-agricultural land is available in the state for industrial and commercial use. The situation becomes more acute with the report revealing that nearly 50 per cent (10, 831 acre) of this total land is available in North Bengal's hill district of Darjeeling where there is virtually no demand for land to set up industry. Based on the pending industrial and commercial proposals before the state government, it is estimated that nearly 90,000 acre would be required, mainly in So the current demand. As per the survey, less than 4000 acre is available in the entire South Bengal where the demand for land is very high to set up steel plant, SEZ, chemical hub and other industries. Certainly it cannot be anybody?s suggestion that our constitution be redrafted to meet new demands and changed perspectives of the nation, because that would be the end of this nation if we think ever to go for a new constitution.A Constitution, written or unwritten, is the lifeline of a nation and so is the case with India?s. In fact, sovereignty of India lies with our constitution and neither with parliament nor with the people, as some people think. Even parliament cannot amend the constitution if it purports to change its basic structure. The ultimate power lies with none but within the constitution itself and our constitution is the sole authority from where the state and the people assume power, be it executive, legislative or judicial. Indian constitution is not just a law book or a legal treaty, but it is the ultimate emanatory of our political and social existence. http://www.mail-archive.com/assam@assamnet.org/msg10868.html See also: http://www.asienhaus.de/public/archiv/Chap1.pdf http://www.chowk.com/show_article.cgi?aid=00007771&channel=civic%20center http://pd.cpim.org/2007/0408/04082007_cc%20communique.htm http://www.geocities.com/bororissa/jud.html http://www.hinduonnet.com/thehindu/br/2002/06/11/stories/2002061100090300.htm The Tribune, Chandigarh, India - EditorialEnd of judicial activism In a landmark judgement the Supreme Court has shrunk its ... Two cases in South India challenging the hiring out of two hotels ... www.tribuneindia.com/2001/20011212/edit.htm - 76k - Cached - Similar pages Amazon.com: Judicial Activism in India: Transgressing Borders and ...Amazon.com: Judicial Activism in India: Transgressing Borders and Enforcing Limits (Law in India): Books: SP Sathe by SP Sathe. www.amazon.com/Judicial-Activism-India-Transgressing-Enforcing/dp/0195668235 - 107k - Cached - Similar pages The Hindu : Opinion / Leader Page Articles : Judicial activism and ...The great contribution of judicial activism in India has been to provide a ... It is in this context that judicial activism has flourished in India and has ... www.hindu.com/2007/04/02/stories/2007040200941000.htm - 28k - Cached - Similar pages Latest News on 'judicial activism in india' | India News by ...Provides lists of India news on judicial activism in india tags. news.sulekha.com/tag/judicial%20activism%20in%20India.htm - 19k - 24 Apr 2007 - Cached - Similar pages [PDF] Judicial Activism In India: Floated Myths And Flouted RealitiesFile Format: PDF/Adobe Acrobat - View as HTML Judicial activism, in India, is a movement from personal injury to public concern by relaxing,. expanding, and broadening the concept of locus standi. ... www.indlaw.com/publicdata/articles/article14.pdf - Similar pages OUP: UK General CatalogueJudicial Activism in India Transgressing Borders and Enforcing Limits. Second Edition. S. P. Sathe. Price: £12.99 (Paperback) ISBN-10: 0-19-566823-5 ... www.oup.com/uk/catalogue/?ci=9780195668230 - 23k - Cached - Similar pages Asian Law InstituteThe seminar presentation would address the concept of judicial activism with reference to India (including the misconceptions), the constitutional basis as ... law.nus.edu.sg/asli/news/news17012005_1.htm - 10k - Cached - Similar pages Fifty Years of the Supreme Court of India: Its Grasp and Reach?[I]n India the guardian of democracy is not the legislative wisdom but the ... In effect there exists a constitutional mandate for judicial activism. ... www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/verma-kumar604.htm - 15k - Cached - Similar pages 0195668235: Judicial Activism in India : Transgressing Borders and ...Find 0195668235: Judicial Activism in India : Transgressing Borders and Enforcing Limits - Paperback at Abebooks.com. Over 80 million new, used, ... www.abebooks.com/sm-search-0195668235-judicial-activism-in-india-transgressing-borders-and-enforcing-limi... - 57k - Cached - Similar pages Judicial activism: Who is more right?-India-The Times of IndiaThe two remarks at a conference have added to the ongoing debate on judicial activism. The Prime Minister?s measured words have put forth the position of ... timesofindia.indiatimes.com/articleshow/1879906.cms - 35k - Cached - Similar pages The year 2000 marked the fiftieth anniversary of the passage of India?s Constitution. Over the past three years, several scholars have published pieces commemorating India?s legal system, and more generally, the ?success? (Kohli 2001) of its democracy (see e.g., Verma & Kusum 2000; Kirpal et al. 2000; Austin 2000). However, no one work has provided as nuanced an analysis of the Supreme Court?s jurisprudence since Independence, than Professor S.P. Sathe?s recent book entitled JUDICIAL ACTIVISM IN INDIA. Long viewed as one of India?s pre-eminent constitutional legal scholars, Sathe, in this study, offers a careful and detailed treatment of how the Supreme Court has shifted from an originally detached, positivist institution to one that is an active player in daily political life. As Upendra Baxi notes in his prefatory comments, Sathe?s quest is not only to document that such a shift has occurred but also to offer a normative perspective on whether the Court?s increased activism has been good for India?s democracy. For those who are interested in an historical, jurisprudential, and political analysis of the Indian Supreme Court, this book is a must read. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/sathe-sp.htm Prior to 1980s, only the aggrieved party could personally knock the doors of justice and seek remedy for his grievance and any other person who was not personally affected could not do so as a proxy for the victim or the aggrieved party. But around 1980, the Indian legal system, particularly the field of environmental law, underwent a sea change in terms of discarding its moribund approach and instead, charting out new horizons of social justice. This period was characterized by not only administrative and legislative activism but also judicial activism. In a modern welfare state, justice has to address social realities and meet the demands of time. Protection of the environment throws up a host of problems for a developing nation like ours. Administrative and legislative strategies of harmonization of environmental values with developmental values are a must and are to be formulated in the crucible of prevalent socio-economic conditions in the country. In determining the scope of the powers and functions of administrative agencies and in striking a balance between the environment and development, the courts have a crucial role to play. Principle 10 of the Rio Declaration of 1992 specifically provides for effective access to judicial and administrative proceedings, including redress and remedy. http://www.legalserviceindia.com/articles/jjj.htm Mr. Chaman Lal addressed the participants of the PG diploma course in Human Rights on the 30th of July and 31st July. On the first day he extensively spoke about the Judicial Activism, he said Judicial activism does not find any mention in constitution, it is not defined anywhere but is widely talked about in all section of society, NGOs and bureaucrats. Assertion of Judiciary and its power is judicial activism, many people label it is over active judiciary. Keshvanand Bharati Vs. Kesala, Minerva Mills Vs. Union of India, India of Gaudlis Vs. Raj Naraian & S.P. Vs. Union of India etc. are few landmark cases that highlight judicial activism. Using judicial activism as a weapon Supreme Court gives directive through government. In Vineet Narayan Vs. Union of India, the famous Hawala case Supreme Court monitored the riweshgahous, it issued directives for CBI and intelligence services to be present in all hearings. He said that Judicial reforms are needed therefore judicial activism should go hand in hand with judicial restraint. http://www.rlek.org/nhrc.html I was raped by cop: Nandigram victim KOLKATA: A woman told officials probing the Nandigram killings in West Bengal that she was raped by a policeman on March 14 during a police attempt to crush protests by villagers against land acquisition. Kajal Majhi of Kalicharanpur village in East Midnapore district made the allegation Tuesday to senior official Balbir Ram, appointed by the government to inquire into alleged police atrocities in Nandigram. Kajal reportedly said she was raped when the police entered Gokulnagar village in Nandigram, 150 km from here, while the villagers were protesting against proposed land acquisition for a special economic zone (SEZ). "We peacefully assembled in the village when police entered the area and tear-gassed us. When I went to wash my eyes, a policeman forced me inside a cattle shed and raped me and I fainted," she said. "I regained consciousness after a day. The local people first took me to the Nandigram hospital and then to the Tomluk district hospital. I came back home after 11 days of treatment," she said. Pushpa Mondal, who suffered a bullet injury apparently in police firing, and Bhanu Das, father of a villager who was killed during the protests, were also present at Tuesday's hearing. Fourteen people were killed and over 100 injured in violence in the area last month. http://timesofindia.indiatimes.com/Cities/Kolkata/I_was_raped_by_cop_Nandigram_victim/articleshow/1954457.cms Are judges over-reaching? The Constitution has clearly drawn the Lakshman Rekha for both the Legislature and the Judiciary to maintain their independence in their respective functioning. But what happens when either judges or lawmakers cross this line? Pradeep Baisakh presents an overview of that much maligned term, judicial over-reach. "The line between judicial activism and judicial overreach is a thin one ... A takeover of the functions of another organ may become a case of over-reach" - Dr. Manmohan Singh, speaking at the Conference of Chief Ministers and Chief Justices held in New Delhi in April 2007. 19 April 2007 - In the Constitutional scheme of things, necessary care has been taken to strike a balance of power among the three organs of the State, namely, the Executive, the Legislature and the Judiciary. However there have been phases during which one organ has dominated the scenario, thereby apparently posing a threat to the balance visualized by the Constitution. During the last decade or so, we have been witnessing the phase of 'judicial activism', wherein judges have allegedly taken to themselves some roles of the Executive and the Legislature. The very recent verdict of the Supreme Court on the expulson of MPs from Parliament has once again brought to the fore question over the extent of judicial power over the functioning of legislatures. Constitutional position The Constitution, under various provisions, has clearly drawn the Lakshman Rekha for both the Legislature and the Judiciary to maintain their independence in their respective functioning. Where Articles 121 and 211 forbid the legislature from discussing the conduct of any judge in discharge of his/duties, Articles 122 and 212 on the other hand preclude the courts from sitting in judgement over the internal proceedings of the legislature. Article 105 (2) and 194 (2) protect the legislators from interference of the Courts with regards to his/her freedom of speech and freedom to vote. Thus, in theory, there is ample provision for each side to maintain its autonomy. But activism of any sort, whether by the judiciary or the legislature, throws up a million-dollar question: what happens when one side does not abide by the separation envisioned in the Constitution? On this, the Constitution is apparently silent, leaving it to the learned and responsible legislators and the judges to themselves ensure that they remain within their bounds. The sad fact, however, is that there have been numerous instances where these rather pious intents of the Constitution have been flouted without check. http://www.indiatogether.org/2007/apr/opi-judover.htm Nandigram: Fact And CPI(M)'s Fiction By Kavita Krishnan 25 April, 2007 Countercurrents.org [Kavita Krishnan from Liberation takes a look at facts about the Nandigram massacre and Communist Party of India (Marxist) -CPI(M)-sponsored fiction. Quotations from CPI(M) leaders are from Brinda Karat's 'Behind the Events at Nandigram' ( The Hindu, March 30, 2007), 'Some Issues on Nandigram' also by Brinda Karat, People's Democracy, Vol. XXXI, No. 13, April 01, 2007, 'Defeat the politics of Terror' (PD editorial of March 18), CPI(M) Politburo statement of March 14, 'Singur: Just the Facts Please', Brinda Karat, ( The Hindu, December 13, 2006)]. 'Behind the events at Nandigram', says Brinda Karat, is no peasant resistance against corporate land grab. It's not 'bhumi ucched' (eviction from land) but 'CPI(M) ucched' (evict CPI(M)) that's up, she says. In a series of articles and statements by the CPI(M) top brass in media as well as the CPI(M) party organ PD, there is a concerted attempt to serve up CPI(M)'s version of Nandigram episode. Despite mandatory noises of 'regret' at the loss of lives in police firing, and a promise to 'introspect about mistakes, 'if any', the arguments being put forth are old, familiar ones. The firing it is said is regrettable, but it's the gang-up of Trinamool-Naxalites-Jamaat that really has to take the blame for the killings, because they attacked the police who were forced to fire to disperse the crowd. As a result, "in the crossfire that ensued, as always, innocent people became victims". It's the CPI(M) supporters who're the victims of a cleansing operation ? contrary to the reports of all independent fact-finding teams. And 'foreign-funded', US-backed enemies of communists are spreading canards about large-scale participation of CPI(M) cadre in the March 14 operation, and about sexual assaults on women. Let us examine the main arguments of Brinda Karat and Co., one by one. "Once the CM Had Assured No Land Acquisition Without Consent, Why Was the Movement Called Off?" Brinda Karat argues that there was no raison d'etre for the continuance of the resistance in Nandigram since January 9, since the CM had assured that there would be no land acquisition if the people of Nandigram did not wish it. She adds, "Indeed he is the only chief minister in the country who has made such a categorical statement that a condition for land acquisition must be farmer consent." After such a principled declaration by Buddha, why indeed need the movement have continued? Well, in the first place, let's ask what price CPI(M)'s 'facts' and 'assurances'? May we draw Brinda Karat's attention to an article titled 'Singur: Just the Facts Please' published in her name in The Hindu after the first bout of police-cadre violence in Singur. In that article she had asserted as 'fact' that "Of the 997 acres required, the Government has received consent letters from landowners for 952 acres." Similar declarations had also been made in an article by no less than the CPI(M) General Secretary in a PD editorial titled 'Singur: Myth and Reality'. But an affidavit filed in response to an order of the Kolkata HC by the WB Government on March 27 records a different reality. In this affidavit, the Bengal government admitted that land was acquired in Singur under a section of the Land Acquisition Act 1894 that does not entertain disputes. http://www.countercurrents.org/kavita250407.htm The battle of wits over police brutality at Nandigram, allegedly aided and abetted by CPI-M cadres, acquired a new twist today when the state information department claimed it was yet t

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