Liberhan Commission Report on Babri Masjid

Liberhan Commission Report on Babri Masjid

Justice M.S. Liberhan Commission of Enquiry submitted its report on demolition of Babri Masjid on 6^th December 1992. Selective leakages and thereafter extracts of the report have been published by the media. The commission was set up within ten days of the event on 16^th December 1992 and has outlasted any other commission perhaps going into Guinness Book of Records! 48 extensions and 17 years time frame was designed to test the patience of the people. Not that anyone really cares for what the report says, but it speaks volumes about what is not there in the report perhaps.

1. When observations have been made with references to Atal Behari Vajpayee, who was not present at the site, why he was not summoned for any clarifications or information? It is unjust to drag his name without giving him an opportunity to tell the truth.

2. Why is there no reference to P.V.Narsimha Rao, then the Prime Minister, who reportedly went to sleep when the Babri Masjid was being demolished? Wasn’t the Union home minister having any responsibility and role to safeguard the structure? Didn’t home ministry have any intelligence reports on intentions of karsevaks if there was a conspiracy?

3. Why the commission was given 17 long years and 48 extensions to come out with a report only at a politically convenient time to suit the Congress and just when BJP is at nadir of its fortune?

4. The final outcome of commission’s findings is released only when they become irrelevant. Or, perhaps this time the commission was not to be given extension due to austerity measures (sick) and was forced to submit winding up report?

5. Why was there a deliberate leakage of the report when it was only with the home minister? And predictably there was some call for setting up another commission of enquiry on this leakage!

6. Why public money is being wasted on such political tools to fool the public?

7. Now Liberhan Commission Report is handed over to CBI as proof to proceed further in prosecution. Is CBI itself not mandated and competent enough to investigate & find out what happened and who is the culprit? Has the government “outsourced” the fact finding & investigative task to Liberhan Commission taking it away from CBI?

8. Didn’t some one say justice delayed is justice denied? Is this “Pseudo justice”?

Safety Valves:

The commissions of enquiries have been always used to cool off the public anger and to let the time take care of the issues involved. It is only an escape valve to let off the steam.

Commissions of enquiry have been set up in the past by states and the centre whenever there have public disturbances, riots or violence of unusual nature. A retired judge is appointed as chairman of the commission to give a sense of impartiality and sound analysis but not the judgment. With a report from a retired judge the government acquires a moral high ground to deal with opposition. Most of such cases could have been dealt with by CBI which has the necessary mandate and specialization for investigation.

Strengthen CBI:

When there is a need to have a fact finding mission about an event, invariably there is a court case and the matter is sub-judice. The prosecution (or the government) needs to gather evidences and supporting witnesses to present the case to the court. The government should therefore leave the matter to the investigative agencies and not find a substitute like a retired judge. If required, CBI should hire a retired judge to do the work and submit the findings just like they would hire a sleuth. CBI should have enough teeth without political interference to investigate the matter. Does CBI have authority to reject the findings of a commission and trust its own assessment?

At least CBI would not have taken 17 years to present a report of their findings.

More Senas and Dals:

There are many Senas and Dals of different hues and shades all over the country which are the fronts for political parties to engineer public unrests. Be it problems in Godhra, Goa, Mangalore, Mumbai, or Orissa the state governments set up commissions of enquiry and perhaps no one knows what happens to them. When inconvenient the Centre appoints another commission, like Laloo Prasad Yadav did to get contrasting report on Godhra.

One lesson from appointing such commissions is that we should be ready for tackling more of such public disturbances. Today we have separate National Investigative Agency for terror related cases. CBI now focuses on corruption and criminal cases. Why can’t we have an independent agency or a wing under CBI exclusively for politically triggered public disturbances? Possibly such cases will be more in numbers and more frequent than terror events. In such cases generally there will be a political pressure to submit report before the next session of the assembly or parliament. At least there will be a reasonable time frame for investigation and lesser waste of public money.

As far as the utility of the Liberhan Commission report is concerned the government should reflect on what administrative steps should be taken to make it more responsive in future. But the simple facts stand out like Congress first opened the doors of Ayodhya site for limited worship. That was the first mistake. Then Congress at the Centre slept when the structure was being demolished. That was second mistake. The Liberhan Commission was allowed 17 extensions because of which it was robbed of legitimacy as well as seriousness was the third one. And the report was leaked before being tabled in the parliament was the fourth one. Well, it is not that BJP has done nothing wrong. But Congress in power could have done much more by being proactive instead of passive player & a mute witness and now trying to rewrite the history to project itself as the savior of secularism.

I hope the parliamentary debate focuses on how to deal with similar situations in future to avoid fiasco.

Vijay M. Deshpande

Corporate Advisor,

Strategic Management Initiative,

Pune

November 27, 2009

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US Game for Chinese Checkers

US Game for Chinese Checkers

Last few months have seen a lot of action on China front. One after the other we had disturbing provocations from border areas and later with Arunachal Pradesh and then Dalai Lama. There was attempt to stop approval of project funding from Asian Development Bank. There was news of Chinese project in PoK and also a construction of dam on Chinese side of Brahmaputra river. And to rub salt on injury, China issued special visas for Kashmiri visitors. There were attempts from Indian establishment to downplay the incidents and simultaneously actions were initiated to fortify border management.

The final blow came when Obama bowed down to the Chinese designs and conceded Chinese leadership of South Asia. So all the jig saw puzzles have fallen in place. It was not without any reason that Chinese were nibbling at India for last few months. Chinese wanted to demonstrate to US that for them handling India is child’s play and South Asia is their playing field. They succeeded and how.

India has reacted sharply enough to register the protest against attempts of any third party in associating with India Pakistan bilateral issues. US Ambassador has been taking pains to assuage Indian feelings. With Prime Minister Man Mohan Singh scheduled to visit White House next week, it is any body’s guess what will be on top of mind, if not on top of agenda, of mandarins of MEA and PMO.

India needs to unfold its strategic vision of South Asia with concrete milestones which will form the cornerstone of its foreign policy in the region. Our recent engagements with Nepal, Sri Lanka, Myanmar, Maldives, Bhutan and Bangla Desh must throw up the contours of nuances in unmistakable terms. So far our policy responses have been reactive and not proactive. We need to shift gears and ensure that we are on the right track.

We have always repeated ab initio that we do not need intervention of any third country in solving Kashmir issue. And yet there has always been hidden hand of a super power, earlier Russia and now US, in formulation of our responses on this vital issue. There is nothing wrong in using good relations of friendly countries to solve international complex problems. However, a line has to be clearly drawn where even friends have to realize that they are overstepping.

It is for India to choose which of her friends can help to resolve any issue if at all needed. US should not have taken on itself the role of self appointed guardian of India and sought Chinese role in solving India Pakistan issues.

If US is preoccupied with Afghanistan problem and expects India to give in to Pakistan to mitigate their problems to permit focus on western borders, US is short sighted and trying for a tactical gain at the cost of strategic and permanent loss to India.

Kashmir issue can not be a byproduct of US’s Af-Pak policy imperatives. US should not forget the historical facts that Afghan issue was not India’s creation; rather it was creation of Pakistan at the behest of US in last two decades. Pakistan’s established involvements in terror acts all over the world and nuclear proliferation have resulted in the situation which has become a hot potato for US. US now should not drop the potato in the courtyard of China. China, a veto wielding member of UNSC, can not and does not qualify to play regional super-cop after nuclear proliferation to Pakistan.

Conduct of US foreign policy during President Obama’s visit to China has been like a Commonwealth country head’s visit to UK during the British Empire days. Hope the visit of Prime Minister Man Mohan Singh to Washington DC next week will be a meeting of two sovereign nations and they will agree to disagree instead of forced agreements and cosmetic smiles. US should not cover up its mistakes with niceties of State banquet or small gesture of nicely worded goodies. US lost sheen off its status as a reliable partner of India in newly forged relationship in last five years.

In last few months US has been maneuvering to thrust NPT regime on India through back door. Now there is a move to establish “International Nuclear Security Centre for Excellence” in India. The objective is to ostensibly run courses on safeguards inspections and other measures for checking proliferation. This is back door attempt to control India’s nuclear power plants and activities. How appropriate it would have been to set up such a centre in China or Pakistan which are known for nuclear proliferation!

The credibility of US intentions is at stake and needs to be addressed to restore the confidence. India should safeguard her interests on all the fronts with proactive measures and reset of policies where required. India should use the opportunity to address the Chinese from the lawns of White House to set the records straight within the diplomatic leeway available.

Vijay M. Deshpande

Corporate Advisor,

Strategic Management Initiative,

Pune

November 20, 2009

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Credibility of Government in Afghanistan

Credibility of Government in Afghanistan

President Hamid Karzai of Afghanistan can not celebrate his victory in elections that were not. Withdrawal of Dr. Abdullah from presidential run off left Karzai as the winner by default. An accepted election fraud puts Karzai at permanent disadvantage in terms of credibility. Abdullah has denied Karzai the credibility that he needs to govern the troubled nation. Karzai is seen as a puppet of US government.

What Afghanistan needs is a sense of being politically stronger after first term of Karzai. If the sense is of a failed state or failed democracy, US & NATO forces can not win any war. But if US & Allies decide to negotiate with say “Good Taliban”, they have to be seen to be emerging stronger & stable to be in better negotiating position..

Establish Credibility

Post 2002 war, the people of Afghanistan had convened Loya Jirga, the convention of local tribal chiefs, to decide on the future of governance in the country. The election fraud of Karzai reduced his legitimacy and has once again thrown up an option of collective decision making through Loya Jirga process.

Other option to grant legitimacy & stability to government is to bring about a rapprochement between Abdullah & Karzai with power sharing arrangement to form a national government. A possible solution, experimented successfully in Indian state of Jammu & Kashmir, is sharing of power by splitting term of governance to 2-1/2 years each keeping overall frame work & broad policies unchanged.

Strategic faux pas

US & Western Allies have not yet finalized their strategy post-election-Afghanistan. US administration has been waiting to push 40,000 more troops to combat Taliban. But US Ambassador in Kabul has advised against it. Worst is that this split opinion within US top brass has given clear indication to Taliban of their virtual victory. So the big question mark in front Obama & his allies is next what?

Exit Strategy

In my earlier blog “ Nuclear Apartheid..” dated June 19, 2009, I had suggested that US & NATO forces should honorably withdraw from Afghanistan. It is encouraging to read Mikhail Gorbachev’s suggestion this week to US to withdraw from Afghanistan. Pushing Taliban out of Afghanistan to “nowhere territory” is not a practical solution. We have seen all those Al Qaeda militants pushed out of Afghanistan have found safe haven in Waziristan & other pockets in Pakistan & elsewhere. So even if pushed out of Afghanistan, the Taliban or Al Qaeda or other brands of militants will have enough sympathizers (enemies of US) to provide shelters and permanent hideouts. And the story would continue in different forms with more determination.

If 20-year old turmoil has to end then it is essential to take lessons from ten years of Soviet and ten years of US experiences. The fact is that militancy has survived for so long financed and armed by friends & foes of US & Russia together. Most of Taliban fighters have shelter or covert support from countries which were part of erstwhile Soviet Union. Militancy can survive another twenty years and will only become stronger as they consolidate their gains.

Post Exit Power Vacuum

Iran & India both have been strong neighbors with strategic interests in Afghanistan. Both these countries have long term & permanent interests in peaceful solution to stability in Afghanistan. Iran can contribute in finding a solution to Afghan problem and therefore involvement of Russia is absolutely essential. This would entail adjustment of US policy toward Iran, which in any case is under scanner with help from Russia.

Russia can influence, as much as US, shaping up of change in “Vision Afghanistan”. Can Russia & USA work together to bring about a lasting solution to the troubled region which is legacy of both of them? Both the poles of erstwhile bipolar world have failed in Afghanistan. United Nations has not been effective in solving any problem anywhere in the world. How does one handle the power vacuum created by exit of US & NATO? Can Afghans be left to themselves to rule their nation with security guarantees from Russia & US jointly?

Address Ideological Needs of Afghanistan

Another crucial factor about the ideological difference arises from Taliban’s insistence on Islamic rule based on Shariat. This can be addressed best by Islamic countries like Saudi Arabia, Egypt and Iran who are at forefront of religious and financial leadership of Islamic world by & large. They can help to bring about some solutions through track II diplomacy if not one track I. They can influence the shape of things to come post US withdrawal from Afghanistan.

Enlarge the Circle of Influence

The way forward therefore is to enlarge the circle of negotiating peace process to include US, NATO, Russia, Iran, Saudi Arabia, Egypt & India and create reasons for Taliban to enter into negotiations. If a limited war to create strategic advantage to bring them to the table is necessary so be it. And what could not be won by world’s most powerful & modern military forces in two decades has to be won by diplomacy and reason on either side of table. That is the only alternative.

USA is boxed in Afghanistan and needs an out of box solution.


Vijay M. Deshpande
Corporate Advisor,
Strategic Management Initiative
Pune

November 13, 2009

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Madhu Koda- The New Icon of Corruption & Money Laundry

Madhu Koda – The New Icon of Corruption & Money Laundry

Sukhram is passé. Madhu Koda has arrived. Sukhram’s disproportionate assets were Rs 4.25 crores and Madhu Koda has added three zeros! New bench marks for depths have been set in the field of corruption in public life. The former Chief Minister of Jharkhand has surpassed all corruption scandals in enormity of the magnitude as well as the short duration over which the wealth has been amassed. It was left to some junior spokesperson of Congress to state that there will be “zero tolerance” for corruption in public life. A brave statement indeed! I wonder why either the Prime Minister, party President or Law Minister did not make statement.

Madhu Koda with Rs 2000 crores hawala transactions traced to him, and reportedly disproportionate assets of Rs 4000 crores (About 20% of budget of Jharkhand State) in short span of two years when he was chief minister. This is a case which will be watched by the people & industry keenly because he is the first chief minister to be charged under Prevention of Money Laundering Act. A petition is pending in Jharkhand High Court against Subodh Kant Sahay Union Minister of Food Processing for amassing huge assets. “Corruption scandal a day” seems to be the motto of our politicians and ministers.

But it seems even Madhu Koda may be a dwarf if the e-mails being circulated are to be believed. The wealth of late Y.S. Rajsekhara Reddy, Chief Minister of Andhra Pradesh, reportedly went up to Rs 78,000 crores in 4.5 years as against the state’s budget of Rs.100,000 crores! A chief minister as wealthy as the states itself. The e-mails give details of companies owned by YSR & his family. We are yet to see any head lines. We thought Satyam was biggest fraud of India at Rs.7,800 crores. This will be ten times in size and spread. No wonder Congress has been cautious not to make his son Jagan Mohan Reddy as the Chief Minister of Andhra.

What happened to fodder scandal (Chara Ghotala) of Lalu Prasad Yadav? No one cares today. All who mattered have again ruled the public they looted and earned titles of management gurus. Lalu Prasad Yadav was the only person discussed for a whole session on the agenda of parliament. Now Madhu Koda will not be on agenda because he was chief minister earlier with BJP and later with support of Congress. So both the parties may not touch him. It may be left to the Left to do the slogan shouting in parliament.

Over the decades our political parties, governments, the CBI and the judiciary have perfected the art of finding ways out of labyrinthine maze of legal system to spare the powerful and punish low level officials as scapegoats. Did not we see recently Quattrochi being bailed out without any charges against him and being absolved right royally?

We have Chief Vigilance Commissioner, a constitutional authority at the centre with net work of vigilance officers at different levels of hierarchy not just at state level also in the public sector companies. Why is it that the scams emerge only after they succeed and not when they are in the process of “manufacturing”? Obviously the vigilance officers go by their political masters. Has any vigilance officer been ever charged with dereliction of duty?

What about the officers of Comptroller & Auditor General? Don’t they get the early warning signals of potentially wrong transactions? What about the officers of Directorate of Revenue Intelligence? Are they not keeping watch on of processes of financial transactions of high magnitude? Or why should they come to light only after the damage is done and possibly money parked safely overseas?

In spite of all the institutional frame work we have, the scams are the order of the day and keep courts busy so much that the cases may come up for hearing after lifetime of the fraudsters! Or at least safe passages are guaranteed till the accused are in power. Once out of power, the opposition brings out the case of predecessors.

This vicious system continues to flog public finances and rob the exchequer of tax payers’ money as well as the common man of the development process. In many countries special courts have been set up to try corrupt rulers. It is time to set up separate courts on permanent basis to try politicians and government officials on fast track basis so that they can be tried without being in the queue for decades like Sukhram. This will also step up pressures on public accountability.

Ex-French President Jacques Chirac is being tried for fraud involving fictitious hiring of 43 ghost people whose salary was diverted to party fund when he was mayor of Paris during 1983-95. The amount involved just about euro 4.5 million. Not very big by Indian standards considering what goes on in ghost recruitments under NREGA schemes. Also as per reports it is for party and not personal benefit. And yet the legal system will proceed against him and justice delivered. No body is above the law in civilized societies.

Do we have a lesson in this? Who will bell the cat? The voters also have become immune to this way of life. Though wryly, corruption is considered as the first qualification for contesting an election. The values in public life have to be monitored and ensured only by watchful public as the public servants & government institutions have by & large let the values, ethics and morals go down the drain. Unless voters have zero tolerance for corruption, nothing will change. It is a sad commentary on democratic value system of the country. Value Management Deficiency Syndrome is firmly rooted in our system. Indonesia & Nigeria were known as most corrupt countries in the world. I am afraid we may be in the race.

Vijay M. Deshpande

Corporate Advisor,

Strategic Management Initiative,

Pune

November 6, 2009

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