Congratulations to Mumbai’s Police: capturing a terrorist, affording him his Habeas Corpus rights, getting him to confess within the Rule of Law, sets a new world standard

The full statement to police of the single captured terrorist perpetrator of the Mumbai massacres is now available. It tells a grim story. But Mumbai’s Police, from ordinary beat constables and junior officers to the anti-terrorism top brass, come off very well both with their heroism and their commitment to the Rule of Law.   In comparison to the disastrous failures of the Rule of Law in the United States and Britain since 9/11 in fighting terrorism, Mumbai’s Police may have set a new world standard.

The prisoner was several days ago afforded Habeas Corpus rights  and produced before a magistrate who asked him if he was being mistreated to which he replied he was not – though there might not be any Indian equivalent of America’s “Miranda”  law.

The Indian Revolution

The Indian Revolution

by

Subroto Roy

 

Prefatory Note Dec 2008: This outlines what might have happened if (a) Rajiv Gandhi had not been assassinated; (b) I had known at age 36 all that I now know at age 53. Both are counterfactuals and hence this is a work of fiction. It was written long before the Mumbai massacres; the text has been left unchanged.

 

 

“India’s revolution, when it came, was indeed bloodless and non-violent but it was firm and clear-headed and inevitably upset a lot of hitherto powerful people.

 

The first thing the Revolutionary Government declared when it took over in Delhi was that the rupee would become a genuine hard currency of the world economy within 18 months.  This did not seem a very revolutionary thing to say and the people at first did not understand what was meant.  The Revolutionaries explained: “Paper money and the banks have been abused by all previous regimes ruling in Delhi since 1947 who learnt their tricks from British war-time techniques.  We will give you for the first time in free India a rupee as good as gold, an Indian currency as respectable as any other in the world, dollar, pound, yen, whatever.  What you earn with your hard work and resources will be measured by a sound standard of value, not continuously devalued in secret by government misuse”.

 

The people were intrigued but not enlightened much.  Nor did they  grasp things to come when the Revolutionary Government abolished the old Planning Commission, sending its former head as envoy to New Zealand (with a long reading-list); attached the Planning Commission as a new R&D wing to the Finance Ministry; detached the RBI from the Finance Ministry; instructed the RBI Governor to bring proper work-culture and discipline to his 75,000 staff and instructed the Monetary Policy Deputy Governor to prepare plans for becoming a constitutionally independent authority, besides a possible monetary decentralization towards the States.  India’s people did not understand all this, but  there began to be a sense that something was up in Lutyens’ Delhi faraway.

 

The Revolutionary Government started to seem a little revolutionary when it called in  police-chiefs of all States — the PM himself then signed an order routed via the Home Ministry that they were to state in writing, within a fortnight, how they intended to improve discipline and work-culture in the forces they commanded.  Each was also asked to name three reliable deputies, and left in no doubt what that meant.  State Chief Ministers murmured objections but rumours swirled about more to come and they shut up quickly.  The Revolutionary Government sent a terse note to all CMs asking their assistance in implementation of this and any further orders.  It also set up a “Prison Reform and Reconstruction Panel” with instructions to (a) survey all prisons in the country with a view to immediately reduce injustices within the prison-system; (b) enlarge capacity in the event fresh enforcement of the Rule of Law came to demand this.

 

The Revolutionary Government then asked all senior members of the judiciary to a meeting in Trivandrum.  There they declared the judiciary must remain impartial and objective, not show favoritism even to members of the Revolutionary Party itself who might be in court before them for whatever reason.  The judges were assured of carte blanche by way of resources to improve quality of all public services under them; at the same time, a new “Internal Affairs Department” was formed that would assure the public that the Bench and the Bar never forgot their noble calling.  When a former judge and a former senior counsel came to be placed in two cells of the new prison-system, the public finally felt something serious was afoot.  Late night comics on TV led the public’s mirth — “Thieves have authority when judges steal themselves”, waxed one eloquently.

 

The Revolutionary Government’s next step reached into all nooks and crannies of the country.  A large room in the new Finance Ministry was assigned to each State – a few days later, the Revolutionary Government announced it had taken over control under the Constitution’s financial emergency provision of all State budgets for a period of six months at the outset.

 

Now there was an irrepressible outcry from State Chief Ministers, loud enough for the Revolutionary Government to ask them to a national meeting, this time in Agartala.  When the Delhi CM sweetly complained she did not know how to get there, she got back two words “Get there”; and she did.

 

There the PM told the CMs they would get their budgets back some day but only after the Revolutionary Government had overseen their cleaning and restoration to financial health from their current rotten state.   “But Prime Minister, the States have had no physical assets”, one bright young CM found courage to blurt out.

 

“That is the first good question I have heard since our Revolution began,” answered the PM. “We are going to give you the Railways to start with —  Indian Railways will keep control of a few national trains and tracks but will be instructed to devolve control and ownership of all other assets to you, the States.  See that you use your new assets properly”.  There was a collective whoop of excitement.  “During the time your budgets remain with us, get your police, transport, education and hospital systems to work for the benefit of common people, confer with your oppositions about how you can get your legislatures to work at all.  Keep in mind we are committed to making the rupee a hard currency of the world and we will not stand for any waste, fraud or abuse of public moneys. We really don’t want to be tested on what we mean by that. We are doing the same with the Union Government and the whole public sector”.  The Chief Ministers went home nervous and excited.

 

Finally, the Revolutionary Government turned to Lutyens’ Delhi itself. Foreign ambassadors were called in one by one and politely informed a scale-back had been ordered in Indian diplomatic missions in their countries, and hence by due protocol, a scale-back in their New Delhi embassies was called for.  “We are pulling our staff, incidentally, from almost all international and UN agencies too because we need such high-quality administrators more at home than abroad”, the Revolutionary Foreign Minister told the startled ambassadors.

 

Palpable tension rose in the national capital when the Revolutionary Government announced that Members of Parliament would receive public housing of high quality but only in their home constituencies!  The MPs would have to vacate their Delhi bungalows and apartments! “But we are Delhi!  We must have facilities in Delhi!”, MPs cried. “Yes, rooms in nationalized hotels suffice for your legislative needs; kindly vacate the bungalows as required; we will be building national memorials, libraries and museums there”, replied the radicals in power.  Tension in the capital did not subside for weeks because the old political parties all had thrived on Delhi’s social circuit, whose epicenter swirled around a handful of such bungalows.  Now those old power-equations were all lost.  A few MPs decided to boycott Delhi and only work in their constituencies.

 

When the Pakistan envoy was called with a letter for her PM, outlining a process of détente on the USSR-USA pattern of mutual verification of demilitarization, both bloated militaries were upset to see their jobs and perks being cut but steps had been taken to ensure there was never any serious danger of a coup.  The Indian Revolution was in full swing and continued for a few years until coherence and integrity had been forced upon the public finances and currency of a thousand million people….”

see also

https://independentindian.com/2013/11/23/coverage-of-my-delhi-talk-on-3-dec-2012/

Dr Rice finally gets it right (and maybe Mrs Clinton will too)

When, or perhaps if,  the full story of the George W Bush Presidency comes to be written, it may be found that Dr Condoleeza Rice’s political connections at Stanford contributed more to the chances of the Texas Governor winning the Republican nomination than has been widely known.   Dr Rice was without a doubt a Republican star at the time  but when she became National Security Adviser, she had the wrong expertise!  She was a USSR expert by training from Cold War days and knew next to nothing about the Middle East.  Now finally, as America’s foreign minister in the dying weeks of the Bush Presidency, she has come into her own as a world diplomat: her intervention following the Mumbai massacres may have yet staved off an Indian military retaliation against Pakistani targets and also induced Pakistan to move slightly towards governance and away from terrorist anarchy.   Learning-on-the-job has been productive for Dr Rice — she and Robert Gates also appear to have staved off a Bush-Cheney attack on Iran.

Would it not be interesting to see her on the top of the 2012 Republican ticket against Barack Obama?

Her successor, Hillary Clinton, may too become a competent American diplomat and have finally found her calling after all — assuming she is able to transcend domestic interest groups and ignore all politically correct nonsense like  “climate change”.

Become a US Supreme Court Justice! (Explorations in the Rule of Law in America)

 

For almost two decades, Since the summer of 1988 when *Philosophy of Economics* got accepted for publication, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

file1scotuswritofmandamuspetitionfronmatter

file2scotuspetitionforwritofmandamus

file3recordcoverandcontents

file4judgekayon60b6rehimselfb1tob7

file5ninthcircuitbriefingscheduleb8tob9

file6ninthcircuitunlawfulordersb10tob13

file7nnthcircuitdocketb14

file8evidenceofraudoncourtb15tob20

file9districtcourtdocketb21tob331

file10recordendmatterb34tob39


Become a US Supreme Court Justice! (Explorations in the Rule of Law in America) Preface

For almost two decades, I have found myself in a saga exploring the Rule of Law, the nature of justice and freedom, and the nature of racial animosity and xenophobia in the United States. Judge it here for yourself. There are 10 pdf files in a password protected post of the same name. Please send me an email identifying yourself and offering any reason, including curiosity, that you may have to want to examine the matter.

Files 1 and 2 marked SCOTUS are the front-matter and Petition for Writ of Mandamus as received by Circuit Justice Sandra Day O’Connor of the Supreme Court of the United States in February 1996. Files 3 to 10 constitute the Appendix of Record giving the rulings of the US District Court for the District of Hawaii and the US Court of Appeals for the Ninth Circuit, including especially in File 8 the “after-discovered” evidence of how my attorney had been covertly purchased by my opponent. An example of perjured trial testimony is contained in File 2. In September 2007, I asked my opponent — the Government of one of the 50 States — to voluntarily admit its wrongdoings to the present Chief Judge of the US District Court as is required by law. Government lawyers should, after all, try to act lawfully.

For the files with the evidence please see https://independentindian.com/2008/11/09/become-a-us-supreme-court-justice-explorations-in-the-rule-of-law-in-america/

 

 

 

Two cheers for Pakistan!

Two cheers for Pakistan!

by

Subroto Roy

First published in The Statesman

Editorial Page Special Article, April 7, 2008

A century has passed since British rulers in India like Curzon and Minto became self-styled interlocutors between Muslims and Hindus of the subcontinent. Up through the 19th century there had been no significant national political conversation between India’s main communities. The “Chief Translator” of the High Court in Calcutta was highly prized for his knowledge of Sanskrit, Persian and English because at least three different sets of laws governed different people in the country. Maulana Abul Kalam Azad wrote of his experience in the Bankim-inspired revolutionary societies of Bengal who treated him with extreme suspicion because they could hardly believe a Muslim wanted to join them as an anti-British rebel.

Jinnah vs Azad

Then came MA Jinnah, Iqbal, Rahmat Ali and others, initial creators of Pakistan whether through greater or lesser motives. Azad, Zakir Hussain, Sheikh Abdullah and other Muslims were equally firm the Pakistan idea was not only bad for India in the world it was bad for Muslims in particular. The Azads condemned the Jinnahs as greedy megalomaniacs, the Jinnahs condemned the Azads as minions of the Hindus. Larke lenge Pakistan, marke lenge Pakistan, khoon se lenge Pakistan, dena hoga Pakistan was the mob-cry during the bloody Partition, while the British, weakened by war and economics and bereft of their imperial pretensions, made haste to leave “this beastly country” to its fate ~ rather hoping the bloodshed would be such someone might hire them to stay on.

Certainly, having used the Indian Army for imperial purposes in the War, Britain (represented locally by a series of smartly dressed blundering fools) behaved irresponsibly in not properly demobilizing that Army during a period of intense communal tension. There were no senior Indian officers ~ KM Cariappa became a Brigadier only in 1946, Ayub Khan was a Colonel under him. Then there were the fatuous “princes” the British had propped up in “Indian India”, few being more than cardboard creatures. Among them was J&K’s ruler who was a member of Churchill’s War Cabinet and had come to harbour illusions of international grandeur. Once J&K’s Muslim soldiers returned to their Mirpuri homes, Jammu and Punjab were in communal conflict, months before the decision that Pakistan would indeed be created out of designated areas of British India just before British India extinguished itself. Army-issued Bren guns came to be used by former soldiers in communal massacres of the convoys of refugees going in each direction.

Part of the problem over J&K since then has been that it seems a dialogue of the deaf. Pakistanis since Zafrullah Khan claimed it was communal violence against Muslims in Jammu and Punjab that prompted the Pashtun invasion of Srinagar Valley beginning 22 October 1947; Indians have always claimed the new (and partly British-officered) Pakistan Army organized and instigated the invasion, coinciding with the planned takeover of Gilgit.

As in all complex moral problems, there was truth on all sides though no one doubts the invasion was savage and that the Pashtuns carried off Kashmiri women, Hindu, Muslim and Sikh. J&K descended into civil war, Abdullah’s secularists backed by the new India, Ibrahim’s communalists by the new Pakistan. Field Marshall Auchinlek, who commanded both Indian and Pakistani armies, had the decency to resign when he realized his forces were at war with one another. That J&K could not be independent in international law was sealed when the 15 October 1947 telegram sent by Hari Singh’s regime went unanswered by Attlee. The tribal invasion from Pakistan caused the old State of J&K to become an ownerless entity in international law, whose territories were then carved up by force by the two new British Dominions (later republics) and the result has been the “LOC”.

ZA Bhutto was perhaps Pakistan’s only politician after that time. The years between the assassination of Liaquat Ali Khan and the rise of Bhutto saw Pakistan’s military begin its liaison with the Americans ~ from the US Ambassador’s daughter marrying the Pakistan President’s son to the leasing of Peshawar’s airfields for U-2 flights over the USSR. Yet Bhutto’s deep flaws also contributed to the loss of Bangladesh and to brutality, supported by the Shah of Iran’s American helicopters, against the Baloch.

Bhutto’s daughter now may have succeeded in death where she could not in life. Like Indira Gandhi, there seemed a shrill almost self-sacrificial air about Benazir in her last days, and, like Indira, her assassination caused all her countrymen including her enemies to undergo an existential experience. Perhaps the public death of a woman in public life touches some chivalrous chord in everyone.

Benazir’s husband was transformed from seeming a rather dubious self-seeker to becoming a national leader of some sobriety. Her old adversary Nawaz Sharif, brought to power by one Army Chief and removed by another, is now a constitutional democrat – seemingly adamant that there be the Rule of Law and not of generals. Most of all, Benazir’s death seemed to completely shut up that most loquacious of Pakistanis: Pervez Musharraf. Musharraf seemed stunned and promised free, fair and transparent elections; though no one believed he would deliver, he somehow did. He would like now to be a senior statesman though it seems as likely his countrymen will not forgive his misdeeds and instead exile him to America.

Afghanistan

Pakistan’s main international problem is not and has never been J&K. It has been and remains its unsettled western border and identity vis-à-vis Afghanistan (as India’s problem has been the eastern border with China). Dr Khan Sahib and Khan Abdul Ghaffar Khan knew this but they were not allowed to speak by Pakistan’s Kashmir-obsessed elite. Zaheer Shah’s Afghanistan was the only country that voted against Pakistan joining the UN sixty years ago.

The present author has said before that Osama bin Laden may well be safely and comfortably in the deserts of North Africa while NATO and the Americans raise hell in Afghanistan and Waziristan pretending to look for him. It is not in India’s interest as it is not in Pakistan’s interest that Western militaries, who seem to have nothing better to do, brutalize Afghans of all descriptions in the name of nation-building or fighting “terrorism”. Afghan nation-building can only ultimately come from the Afghans themselves, no matter how many loya jirgas it takes. What Pakistan dislikes emerging from New Delhi is the sometimes rather supercilious and ignorant condescension that our officialdom is infamous for. Instead, with a new, seemingly clear-headed and well-intentioned Government in Pakistan elected for the first time ever, it may be time for all good people in the subcontinent to raise a glass of fruit juice and say “Two cheers for Pakistan!”

Anarchy in Bengal

Anarchy in Bengal

Intra-Left bandh marks the final unravelling of “Brand Buddha”

First published in The Sunday Statesman, 10 February 2008, Editorial Page Special Article   http://www.thestatesman.net

by

SUBROTO ROY

Once upon a time, not very long ago, there was something called “Brand Buddha”. The basic idea was that the CPI-M had quietly reformed itself, passing the baton from old unreconstructed communists like Jyoti Basu and Harkishan Surjeet to a new generation of pragmatists and modernists represented by Prakash Karat’s JNU coterie at the national level and the smartly dressed bhadralok persona of Buddhadeb Bhattacharjee in Kolkata itself.

Big businessmen and their foreign collaborators were no longer the “comprador bourgeoisie” but rather were allies to whom government subsidies and concessions, especially land, would be and should be granted. The “investment climate” and “work culture” under a CPI-M government would be among the best in India. High employment levels would be the hoped-for result, especially employment for those associated positively with the CPI-M and its friends. The usual set of academics, journalists, film and TV actors, dancers, sportsmen, singers, NRIs etc who were directly or indirectly recipients of the largesse of the West Bengal Government helped to contribute to the idea that a viable political brand had been identified and it represented the unique way forward for the State. “You are either with us or against us” has always been the brief philosophy of communist and fascist parties around the world ~ joining up with Brand Buddha meant you were part of the bandwagon of progress, if you did not join up you would be left behind. (No one thought Brand Buddha could be or would come to be actively opposed.)

At the national level, the old Indira Gandhi-Communist alliance was restored by way of a new one led by Sonia Gandhi. Jyoti Basu had frankly described Sonia as “a housewife” but now that the housewife was running the country and needed the Communists’ help in doing so, the opportunity was not to be missed to extract whatever price was possible. The main broker between 10 Janpath and West Bengal’s Communists was Pranab Mukherjee who was most familiar with the old Indira-style of opportunistic Indian politics, and who was given the mandate of appeasing the Communists with whatever they needed while also being the pointman to make a phone call to his friend Buddhadeb to see to it, e.g., that the CPI-M like everyone else enjoyed the American and Indian air force show at Kalaikunda.

The “enemy” (for, after all, every unholy alliance must have an identifiable enemy) was the wicked old BJP. Everyone from Sonia Gandhi via Pranab Mukherjee to Jyoti Basu would voice the fear that if they did not join hands in socialist secularist unity, the BJP Boogeyman was destined to return to power. And of course the BJP did nothing and had little positive in its record to dissipate those fears. It was indeed filled with old men and it had indeed behaved wickedly while in power. From negligence in the Graham Staines murder in Orissa to the pogrom in Gujarat, there was little to suggest the BJP’s leadership had any clear ideas or principles about right and wrong governance. In office from 1998-2004, its macroeconomic record was woeful, mainly because it knew no better than maintain the same economic bureaucrats as its predecessors, and allow its finance and other economic ministers to be wholly manipulated by big business lobbies. Now when those bureaucrats and big business lobbies created, endorsed and marketed Brand Buddha itself, the BJP found it had been successfully finessed and could hardly speak a word in opposition. If the BJP thinks it can win in 2009 by its discredited leaders merely recycling anti-Muslim or anti-Christian formulae as before, it may be in for a surprise and a disappointment.

Brand Buddha reached its pinnacle when Sonia Gandhi’s Prime Minister endorsed it personally at a big business meeting in Kolkata on 12 January 2005. But the contradiction involved in Sonia Gandhi then giving merely a perfunctory speech on behalf of the West Bengal Congress in the 2006 election campaign could not be covered up and did not escape the notice of her local partymen.

Brand Buddha started to unravel when Mamata Banerjee realized that all the CPI-M really had was a brand being marketed, not something based on any new and fresh political and economic reality. Mamata has never accepted Sonia’s right to lead the Congress which is what had led to the Trinamul breaking away ~ at the same time, even when she was allied to the BJP, no one could accuse her of being anti-Muslim or anything but secular in her political identity. Her three-week long fast over Singur blocked Metro Channel and riveted the country’s political attention while TV broadcasts of the police-behaviour at Singur acted as a signal to the people of Nandigram to prepare for the same or worse.

The fact the Nandigram peasants who feared losing their land were mostly Muslim caused the central Sonia-Pranab-Buddhadeb myth to explode that only they stood to protect Muslims from the BJP. Once that myth had exploded, the fact the emperor was naked came to be seen by all. There never had been a viable political or economic product behind the brand that was being so heavily advertised and endorsed. If Buddhadeb and his party had been genuinely confident of possessing a constructive new economic policy for West Bengal, they should have transparently and honestly discussed it in detail and gone to the people to ask for a mandate on it before the 2006 elections.

Or when the issue boiled over and Mamata went on her fast at the end of 2006, Buddhadeb could have dissolved the Assembly and gone for fresh elections asking for a specific mandate from Bengal’s voters. Instead, the Chief Minister or his senior ministers not once found the need or courage to address all of West Bengal’s people on television even though the State came to be rocked by violence, mayhem and tragedy – hardly a climate for investment and new employment.

2007 saw the CPI-M and its New Delhi Congress friends being revealed to be bunglers, who could not cope with things as small as Rizwanur’s love-marriage or Taslima’s writings except with heavy-handed repression. The CPI-M’s own unions had crippled their own Government and the State before with bandhs, but not until the Cooch Behar firings has the anarchy become complete. The Forward Bloc protesters were, after all, merely asking for implementation of Sonia Gandhi’s favourite scheme of rural employment guarantees! Anarchy is the absence of government and when a government is so divided that its members cannot decide if they are the government or the opposition, it has to be said there is an absence of government.

Recovery requires candour which in turn requires honesty and introspection, all of which may be qualities too difficult to find. What Brand Buddha could have and should have been about is this: the CPI-M cutting waste, fraud and abuse of publicly owned resources from all the organs, departments and projects of the West Bengal Government that they have controlled for decades, and drastically improving the productivity of all those receiving State government wages or contracts. Real governance does not require any phony advertising because success advertises itself.