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Archives for November 2014

‘We crossed the line’, US admits to UN anti-torture body

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gitmo-prisoners

by Agence France-Presse

The United States said Wednesday it did not condone torture under any circumstances, but acknowledged to a UN anti-torture watchdog it had “crossed the line” following the September 11 attacks.

“The US is proud of its record as a leader in respecting, promoting and defending human rights and the rule of law, both at home and around the world,” acting US legal advisor Mary McLeod told the 10-member UN Committee on Torture.

“But in the wake of 9/11 attacks, we regrettably did not always live up to our own values,” she said.

“We crossed the line and we take responsibility for that,” she said, quoting US President Barack Obama.

McLeod was one of about 30 top US officials gathered in Geneva for Washington’s first grilling by the committee since 2006.

In its first review since Obama came to power, several delegates acknowledged abuses had occurred during the so-called “War on Terror” under the previous administration of George W. Bush.

“We recognise that no nation is perfect, ours included,” Keith Harper, US ambassador to the UN Human Rights Council, told the committee.

The delegation faced a barrage of questions from committee members on how the country was dealing with rectifying and providing redress for acknowledged abuses during the “war on terror”.

The US delegation was asked to explain why the US military prison at Guantanamo Bay in Cuba remains open, why many detainees remain there without charge and when Washington plans to shut it down.

The committee members also questioned the treatment of prisoners there, and lack of redress for victims of the widely publicised abuses by US troops at the Abu Ghraib prison in Iraq in the early 2000s.

Beyond the “war on terror” legacy, the committee members raised issues of abuses in US prisons, rape in prisons, the broad use of drawn-out solitary confinement, and long years on death row.

And they asked how Washington could justify its widespread detention of non-violent, non-criminal illegal immigrants, including minors.

And they slammed police brutality that appears to disproportionately affect minorities, such as 18-year-old Michael Brown, who was shot and killed by white police officer Darren Wilson in Ferguson, Missouri last August.

His parents were in Geneva this week to take part in events on the sidelines of the committee hearing.

The committee is set to publish its conclusions on November 28.

Supreme Court of India Orders Day to Day Trial in Gulbarg Society massacre case

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Zakia Jafri and Teesta Setalvad visit her Gulbarg Society home in Feb ’10

Zakia Jafri and Teesta Setalvad visit her Gulbarg Society home in Feb ’10

by Teesta Setalvad

Today i.e.. November 13 2014 the Supreme Court of India Ordered Day to Day Hearing of the Gulberg Trial and completion of the Trial within 3 months. It did not Its Vacate Stay on the Trial Court Judgement (operative since May 2010) (as requested by SIT). The state of Gujarat tried to confuse the issue but fortunately our team, Ms Aparna Bhat had a detailed status report prepared by us which was read out to the Hon’ble Court.

Detailed Background / Status report on Gulberg Trial is Pasted Below

SIT has filed an application to Vacate Stay on Judgement. Our Advocate Ms Aparna Bhatt pointed out to the Court that over two years delay had been caused by the SIT refusing to produce documents related to Witness Application under Section 319 seeking to make MK Tandon, PN Gondia and others accused in the Trial. Finally after the HC rejected their obstructionist attempts they produced the documents in August this year. We have still not been given a copy. (Detailed Dates and SIT instructions given below).

Gulberg Case – SC No. 152/02

Update

Trial Suspended from July 2012 until March 2014 when the Gujarat High Court rejected SIT’s frivolous application challenging the Order of the Sessions Court dated May and June 2012.

Background:-

Special Court Judge BJ Dhandha in Sessions Case No. 152/02 and others through an order 31 May 2012 (Order at Exhibit 1577) directed the SIT to produce documents related to joint commissioner of police, MK Tandon and P.B. Gondia as the papers were related to the further investigation directed by the Supreme Court. The further investigations into the Gulberg trial, especially vis a vis the alleged criminal conduct of these two police officers were sought to be prevented from coming on record by the SIT by deliberately confusing this case with the wider criminal conspiracy in the Zakia Jafri v/s Narendra Modi and 59 Others case.

The further application u/s Section 319 ( Exhibit 1577) was moved by us witnesses in Special Sessions court dated 12.5.2012 and it was on this application that the Court pronounced the order on 31.5.2012 stating inter alia that, while at this stage no order is passed in this application.

The SIT did not comply with the said order dated 3.7.2012 passed by the Sessions Court

[Exb.1661] and in fact moved the Sessions Court to review its own Order. This was also turned[ down by a final Order of the Sessions Court passed on 3.7.2012. (Exb.1748 and 1730) In this context the affidavit filed by Himanshu Bhatt of the SIT dated 18.6.2012 resisting the application of the Sessions Court Order (Exhibit1754) is noteworthy. It is important to note that the Special PP RC Kodekar had noted that he had no objection to the documents being prayed for in our application. The SIT continued to play a dilatory and destructionist role.

The SIT submitted the closure report filed before a lower court in the Zakia Jafri case but this has been kept in a sealed cover and sought to leave to challenge the orders in the High Court. The SIT thereafter on 24.7.2012 moved the Special Criminal Application (SCR) 2249/2012 in the Gujarat High Court. (Exhibit 1730 and 1748).

Witness Survivors have filed their Affidavit-in Reply in the said SCR but were distressed that no hearings have taken place in the Gujarat High Court and the entire the Trial process has been stalled.

Judge BJ Dhandha retired in September 2013 and another Judge KK Bhatt has been assigned to hear the Trial but not a single hearing has taken place.

The closure report in the Zakia Jafri case was filed on 8.2.2012 before the Magistrate (a lower court than the Special Court hearing the Gulberg trial) and the protest petition therein was argued through 2013. While the Magistrate hearing the case rejected the protest petition by it’s Order dated 26-12-2013, the SIT is seeking shelter under this to conceal critical evidence about the allegedly criminal conduct of Tandon and Gondia before a higher court, the Sessions Court hearing this, i.e. the Gulberg trial.

In effect therefore, the Trial in the Gulberg Society Carnage case had been completely stalled since July 2012 largely because of the SIT’s reluctance to make available relevant documents.

In December 2009, witnesses had moved an application under Section 319 of the CrPC seeking to arraign more accused (Exhibit Nos exhibit 738) including former joint commissioner of police MK Tandon and former deputy commissioner of police PB Gondia. In its order passed on 18.1.2010 vide Exb.738 the Special Sessions Judge allowed the application vis a vis one accused namely Rajesh Dayaram Jingar, rejected it vis a vis three accused namely (1) Manish Somabhai Patel @ Manish Splendar (2) Mahendra Pukhraj (3) Jagrupsing Rajput but kept the issue of arraigning the two senior policemen pending since further investigation into their criminal negligence was still being conducted by the SIT on 3.10.2011,

Witness Victim Survivors thereafter moved an Application (Exhibit Nos 1661) to access the relevant documents of investigation. An application to stay the proceedings until these documents were brought on record was rejected by the Sessions Court and the matter appealed by Victim Survivors in the Gujarat high Court (SCR 3322/2011). While rejecting the application, the Hon’ble Gujarat high court in its order dated 29.12.2013 (Para 17) observed, “I have given thoughtful consideration to this aspect of the matter. There is no dispute that the Hon’ble Apex Court directed the SIT to comply with the directions issued in paragraph no.9 in the order dated 12.9.11 and thereafter even the Sessions Court vide order dated 9.11.11 almost issued the said direction to the SIT and till date no report is filed either before the Court having competent to take cognizance of the matter and till date no copies of such report and documents have been furnished to the Court of Session. In the above view of the matter. The respondent no.2 should take immediate action and the submissions advanced by Mr.A.C. Choksi. Learned Special Public Prosecutor for the respondent no.2 that the report shall be submitted at the earliest should be followed in its true spirit.”

The entire evidence in this trial has been recorded and final arguments have been virtually concluded in the trial. It was a pending application under Section 319 CrPC where a judicial order had kept the issue of arraigning joint Commissioner of Police MK Tandon, DCP P.B. Gondia, (Note No.2) Police Commissioner P.C.Pandey and I.O. S,S,Chudasma A.C.P. Crime Branch pending, that the applications by Witness Survivors for additional documents were made. The next date of hearing in SCR 2249/2012 was then on 19.2.2014

Finally the Gujarat High Courtr dismissed the Application by the SIT ruling against it. The SIT finally submitted the Index of Documents from which Witmess Advocates have to indicate the relevant documents on 05.08.2014. The next date for hearing is 25.07.2014

ROZNAMA (while SIT had effectively stayed the Trial by Its application against the Sessions Court Order granting documents dated May and June 2012).

Date Details

17.9.13 Formal date is given.

1.10.13 Accused produced in the ‘E’ Court. Accuse No.17 and 49 accused exception from appearance application submitted in the court and granted vide exb. No. 1822

12.10.13 Addl Session Judge K.K. Bhatt. [Sp. P.P. Shri R.C. Kodekar was absent} SIT moved for medical relief for accused [PC Mehboobbhai was present] Accused No.17 Kalpesh Purohit’s medical certificate produced vide exb. 1823 in the court. Notice issued to guaranteer and NBW against accused No. 1 to 7.

25.10.13 Matter adjourned to 11.11.13 for final arguments due to matter pending in High Court

11.11.13 Matter adjourned to 25.11.13 for final arguments due to matter pending in High Court

25.11.13 Matter adjourned to 10.12.13 for final arguments due to matter pending in High Court

3.12.13 Accused produced in the court today. Accused No.3 Sandeep @ Sonu Ghungruvado ( SC. No. 167/03) And accused No.3 Surendrasing Digvijay Singh ( SC. 152/02) and Accused No. 43 Narayan Sitaram (S.C. No. 194/04) application about discussion and to take guidance vide exb.1829. Exb. 1829 application of the accused rejected.

10.12.13 Matter adjourned on. 26.12.13 due to matter pending in High Court

26.12.13 Pursis vide Exb.1832 about death certificate of Accused No.17 Court is on leave today. So, next date on 9.1.14

Matter adjourned to 9.1.14 due to matter pending in High Court

9.1.14 Order as per Exb.1834. Recorded Nodel Officer to File The report

Matter adjourned to 21.1.13 due to matter pending in High Court

21.1.14 Report not submitted vide Exb. 1835 accused no.17’s death

Matter adjourned to 4.2.14 due to matter pending in High Court

24.1.14 Order to take necessary action against Transfer warrant of Accused No.1 Kailash Lalchand Dhobhi by DCB II Cr.No.3132/13 and send to criminal department II. SIT submitted report to inquire about the death of accused no.17 vide exb.1836

Matter adjourned on. 17.2.14 for final arguments due to matter pending in High Court

17.2.14 Matter adjourned on. 3.3.14 to submit arguments due to matter pending in High Court

20.2.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 136/14 submitted in the court by accused Jayesh Ramjibhai Parmar vide exb.1838.

3.3.14 Speedy Trial Application submitted in the court vide exb. No.1839 on behalf of witnesses Sayraben Sandhi, Firoz Gulzar Pathan, Rupa Dara Modi and Salim Noor Mohammed Sandhi by Advocate S.M. Vora. Copy was received by Prosecution. Next date of hearing on 10.3.14

Matter adjourned to. 18.3.14 due to matter pending in High Court

5.3.14 Received the copy from criminal department II vide exb.no. 1841 about Writ in the Hon’ble Gujarat High Court Cr.M.A. No. 2249/12

10.3.14 Court is on leave so hearing of Exb.1839 postponed.

18.3.14 Written reply submitted in the court by Sp.P.P. about SIT officer application vide exb.1839. which submitted Exb.1843

Matter adjourned to 15.4.14 to, submit arguments

Hearing of Exb.1839 on dt.7.4.14

Next date. 31.3.14

31.3.14 Court is on leave. Next date 15.4.14

7.4.14 Rejoinder affidavit Exb.1845 submitted in the court against the witnesses vide exb.1843 reply by the SIT.

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

11.4.14 Writ certified copy of Honble Gujarat High Court in Cr, M.

A.No.3911/14 vide exb.1846 submitted in the court.

15.4.14 Matter adjourned to 29.4.14

For hearing vide exb. 1839 on dt.18.4.14 in the noon around 2.45 pm

18.4.14 Court heard arguments in Exb.1839 and admitted SIT IO Sur-Rejoinder vide Exb.1848 Court heard Sp.PP’s Arguments

Court adjourned for argument reply by Sp.PP .

Next date.22.4.14

22.4.14 Court heard in Exb.1839 Sp.PP argument reply by S.M. Vora. So, adjourned and on order vide exb.1839.

Next date.9.5.14

29.4.14 Matter adjourned to. 13.5.14 to for final arguments due to matter pending in High Court;

For further hearing and order in Exb.1839 . So, adjourned to

dt.9.5.14

13.5.14 Matter adjourned to 27.5.14 to submit arguments in favour of Accused due to dilatory tactics by the SIT. For further hearing and order in Exb.1839 . So,

adjourned to dt.27.5.14

27.5.14 Matter adjourned to 10.6.14 to submit arguments

For order in Exb.1839 . So, adjourned on dt.27.5.14

10.6.14 Court is on leave. So next date.24.6.14

Matter adjourned to 24.6.14. For orders in Exb.1839 .

24.6.14 Matter adjourned to 08.07.2014 to submit arguments in favour of accused due dilatory tactics by the SIT For order in Exb.1839 . So, adjourned on dt.8.7.14

8.7.14 Order declared in Exb.1839- Witness application for Documents was finally allowed

Matter adjourned to 22.7.14

22.7.14 Court is on leave. SIT IO Himanshu Shukla given application to take

15 days time to submit the copies in the court to Sp.P.P. vide Exb.1839 and this exb. No. 1856.

Application granted…..

Matter adjourned to 5.8.14.to submit arguments in favour of accused due to Supreme Court stay order

2.8.14 Cr.M.A. No. 11343/14 of the Gujarat HC Xerox copy of writ vide exb.1858

Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1859

Cr.M.A. No. 10494/14 of the Gujarat HC Xerox copy of writ vide exb.1860

Cr.M.A. No. 9491/14 of the Gujarat HC Xerox copy of writ vide exb.1861

5.8.14 Order’s copy submitted in Exb.1839 by the Sp.P.P. in the court vide Exb. 1863

Order to “abate” Accused No.17 Ratilal Ganeshji Kumbhar on cause of death.

Matter adjourned to 19.8.14 for arguments

INDEX of Documents submitted to Witness Advocates by the SIT

7.8.14 Cr.M.A. No. 11260/14 of the Gujarat HC Xerox copy of writ vide exb.1864

19.8.14 Application to provide documents in favour of witnesses in Exb.1839 by Advocate S.M. Vohra’s with Exb.1866.

Fixed for hearing. Matter adjourned to. 2.9.14 to submit arguments in favour of accused due to Supreme Court stay order

2.9.14 Copy of order by the Gujarat High Court in Cr.Mis.A. No. 12643/14 submitted to the court by accused Jayesh Madanlal Jingar vide exb.1868

Copy of Letter of High Court Ahmedabad about the order of the Supreme Court by Deputy Registrar of the Supreme Court wide Ex.1869

Matter adjourned on. 11.9.14.for final arguments

For hearing in Ex.1866

Next date 11.9.14

11.9.14 Court adjourned for requested by Advocate Salim in favour of witnesses and Sp.P.P. Kodekar to give copy of documents oraly.

Next date 25.9.14

Matter adjourned to 25.9.14 for witnesses to submit list of documents needed to press Section 319 application

Update for 13.11.2-14

Note:- Judge K.K. Bhatt retired on.30.9.2014 and the new designated Judge P.B Desai was appointed on 15.10.2014

(Note: List of Documents from Index along with all documents pertaining to more accused sought to be arraigned in the Section 319 application i.e. MK Tandon –then Joint CP, Ahmedabad, PB Gondia, then DCB Crime Branch, Ahmedabad etc submitted by the SIT to the Court on 5.8.2014. Witness Survivors moved application before the Court to provide them with a copy on 19.08.2014 (Exhibit 1866). Though the Court fixed the date for hearing of the application on 2.9.2014, the said application has not yet been heard by the Court and no documents have been received by us to this day.)

25.9.14 Matter adjourned to 9/10/14 for Submission of documents

9.10.14 Matter adjourned to 20/11/14 for Submission of documents

20.10.14 Matter adjourned to 5/11/14 for Submission of documents

05.11.14 Matter adjourned to 19/11/14 for Submission of documents

There is no Order in Gulberg for Fixed days for hearing in the Week

Next date of Hearing is now 19.11.14

Criminal Case filed in Australia against Prime Minister Narendra Modi

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Modi

The American Justice Center (AJC), an organization established to bring human rights abusers to justice, has announced the filing of a criminal complaint in Australia against visiting Indian Prime Minister Narendra Modi for his role in aiding, abetting and inciting organized attacks against the minorities of Gujarat state before and during the horrific genocide of 2002.

The lawsuit is being brought under the aegis of AJC, by Mr. Asif Vahora, a survivor of the 2002 massacres, in which over 2,000 people were killed and over 150,000 displaced. The complaint refers to the destruction of “20,000 Muslim homes and businesses and 360 places of worship.”

The complaint against Prime Minister Modi has been lodged under Australia’s “The Criminal Code Act 1995” which provides Australian courts jurisdiction over cases involving crimes against humanity worldwide (Id. §§ 268.117(1) & 15.4). Justifying the prosecution of Modi in Australian Courts, the complaint states that Modi’s actions during February-March 2002 violate sections 268.3,4,5,8 & 9 of Australia’s Criminal Code Act of 1995.

The complaint, lodged with Honorable Robert Bromwich SC, Director Commonwealth Public Prosecutions, Australia, charges Mr. Modi with crimes against humanity and genocide resulting in the killing of more than 2,000 Muslims and displacement of several hundred thousand.

“Our relentless pursuit of justice has now taken us to the Australian shores, where Mr. Modi will have to account for his criminal misdeeds in Gujarat,” said Mr. Joseph Whittington, Jr., President of AJC, and also the 2nd Ward Alderman of Harvey, Illinois.

Mr. Modi’s rise to power comes in the backdrop of increasing persecution of religious minorities in India. In August this year, India’s Christian population, numbering about 24 million, marked the sixth anniversary of horrific anti-Christian massacres in the state of Odisha, considered the worst anti-Christian pogrom of the 21st century. Prominent watch-dog group “International Christian Concern,” reported an alarming rise in the attacks on rural churches in recent months. In May 2014, several villages in the Indian state of Chhattisgarh passed local ordinances banning all non-Hindu religious activities, in effect banning Christianity. Vatican Radio, the Holy See’s official news outlet, reported on the possibility of Christians being “purged,” from villages across three states.

Recently, AJC spearheaded an Alien Tort case against PM Modi during his visit to the United States in September. Following the AJC complaint, a US federal court issued a summons against the visiting PM. The case is currently under review by the US Federal Court. As in the Tort case brought against Mr. Modi in the US, AJC is providing legal support and advice to the survivors in their effort to hold Mr. Modi accountable for the loss of lives and property that was caused by his complicity in the Gujarat massacres.

“Under Australia’s criminal code, mere presence of the accused foreigner in Australia is a sufficient basis for jurisdiction over acts of genocide and crimes against humanity committed abroad,” said Mr. Gurpatwant Singh Pannun, legal advisor to AJC. “Thus it adopts a mode of jurisdiction equivalent to universal jurisdiction,” added Mr. Pannun.

The Gujarat genocide of 2002 was one of the worst episodes of sectarian violence in independent India, and was marked with horrific crimes against humanity, including the rape of several hundred women. Many of the victims were subsequently burned alive. Although the Special Investigation Team (SIT) investigating the mass violence did not prosecute Mr. Modi, an amicus curiae appointed by the Supreme Court had recommended

Mr. Modi’s prosecution. A case filed by Mrs. Zakia Jafri, widow of slain Parliamentarian Ehsan Jafri, is pending against Mr. Modi in the Gujarat High Court.

The American Justice Center (AJC) is a human rights organization dedicated to holding human rights abusers and perpetrators of mass violence accountable. AJC provides legal aid and support for international judicial redress to victims deprived of legitimate and legal means to justice.

REFERENCES:

Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Modi-CriminalComplaint-Filed-Australia-Nov-13.pdf

Supporting Evidence for Criminal Complaint in Australia Against Indian PM Narendra Modi
http://www.americanjusticecenter.org/wp-content/uploads/2014/11/Supporting-Evidence-Criminal-Complaint-Against-PM-Modi-Australia.pdf

US Court issues summons against Indian PM Modi ahead of his arrival
http://www.americanjusticecenter.org/press-release/

AJC challenges Narendra Modi’s immunity; announces $10,000 reward for serving US Court’s summons
http://www.americanjusticecenter.org/ajc-challenges-narendra-modis-immunity-announces-10000-reward-for-serving-us-courts-summons/

US Federal Court allows AJC, Gujarat victims to challenge US Government’s “Suggestion of Immunity” to PM Modi
http://www.americanjusticecenter.org/us-federal-court-allows-ajc-gujarat-victims-to-challenge-us-governments-suggestion-of-immunity-to-pm-modi/

The Diplomat: US Federal Court Issues Summons Against Narendra Modi
http://thediplomat.com/2014/09/us-federal-court-issues-summons-against-narendra-modi/

REUTERS: Small-town U.S. politician emerges as unlikely foe of Modi
http://in.reuters.com/article/2014/09/27/modi-usa-visit-riots-lawsuit-idINKCN0HM01720140927

Jiyo Parsi Ads – The Ministry of Minority Affairs has funded this absurd campaign seeking multiplication of Parsis

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Jiyo Parsi is a Government of India supported scheme to arrest the decline in population of the Parsi Zoroastrian Community in India. Headed by Shernaz Cama, the program launched a major ad blitzkrieg today. The advertisements will run in the print media in the days and weeks to come.

Jiyo-Parsis

A look at state of higher education under Smriti Irani

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The more things change…the more they remain the same. That seems to be the case of the new govt’s vision for higer education

smriti-irani

by Purushottam Agrawal

The minister for human resource development, Smriti Irani, along with her mandarins and the vice-chancellors of all central universities was in a two-day retreat in September in Chandigarh. It is not surprising that the electronic media neither reported nor discussed the event. After all, it has fast ‘evolved’ from infotainment to unabashed comedy and live cockfighting. But, it did come as a surprise that this meeting was not reported adequately even in large sections of the print media.

Well, in defence of our journalistic class, one has to say nothing dramatic or curious happened at this retreat. Given Modi’s ballistic campaigning and general pretence that his government is different from all regimes independent India has seen (after all, ‘nothing’ happened in 60 years), the media was probably looking for some dramatic departures, some important disjunctions from the UPA policy framework on education.

What we got instead was smooth continuity, informed by a mindless technocracy, as far as the higher education policy is concerned.

From the point of view of the future of our higher education, this continuity of perspective is very important. Departures would, of course, have been interesting, but continuity is curious, to say the least. One recalls the great detective who reminded Inspector Gregory, while working on ‘The silver Blaze’ case, that the fact that the dog did nothing in the night-time was in fact the curious incident.

The continuity of UPA and NDA policies in many areas is becoming increasingly clear. In case of education the consensus amongst the ‘forward looking’ ruling elite had become clear decades ago when the nomenclature of the ministry was changed from education to HRD. Now, the state is not looking at educating its citizens, it is not investing in human individuals; rather it is investing in a resource which happens to be human.

The liberal framework gave way to the managerial one even without a whimper in political circles, just as education was sought to be reduced to science, technology and management. In fact, there is little scope in such an approach even for science in its fundamental sense. There is hardly any enthusiastic encouragement from the official side for fundamental and ‘non-pragmatic’ research in science. For the ruling elite, corporate bosses and most of the middle class these days, science is nothing but a euphemism for useful technology.

Another shared trait between the NGO-friendly, ‘inclusive’ UPA government and the ‘no-nonsense’ nationalist one under PM Modi is the obsession with controlling everything and propagating the great ideal of ‘one size fits all’, in the sphere of ‘human resource development’. The present minister, while paying lip service to the idea of autonomy of universities, still got a draft ‘single Act’ for all central universities circulated for ‘suggestions’. This Act is based on the recommendations of the Pathan committee, which was formed in 2013 (when Kapil Sibal was the HRD minister) with the clear mandate of suggesting ways of implementing the ministerial motto of ‘one size fits all’ and had recommended, inter alia, doing away with the office of chancellor, and having in its place a council of vice-chancellors headed by, no prizes for guessing, the minister for HRD! There is not even the veneer of autonomy here: the government must control all aspects of university life.

Another brain wave, ostensibly egalitarian and democratic (and common to UPA and NDA dispensations) is to have common admission and common curriculum for all the central universities in order to facilitate student and faculty mobility. Again, the idea of only technology and management being worthy of any serious consideration is implicit here. In the field of humanities and social sciences, it will be an extremely harmful step. Even in science, technology and management, the inclinations and orientations of various departments do and should influence their research programmes and priorities.

In social sciences and humanities, at any rate, interpretations matter a lot, and institutions of higher learning make their distinct mark by offering different interpretations to the same or similar data. This diversity of views and approaches enlivens the field of knowledge and enriches the collective wisdom of society. In education systems the world over, individual teachers are encouraged to offer new courses and identify new focus areas in the ongoing teaching programmes every semester. In contrast, our political and administrative bosses want 40 central universities to teach the same text, same poets, same set of research questions, same priorities to each and every student. If, by ‘common curriculum’, something else is meant, I would love to be enlightened.

Sibal also has to his credit the great idea of appointing vice-chancellors through advertisements and interviews. There is a world of difference between someone being nominated without having applied, and someone getting through after an interview. The supreme court has categorically stated that notwithstanding the funding from government, the relationship between the government and university professors and vice-chancellors is not that of master and servant. Under the guidance of Sibal, for the newly established central universities, the nomination method was replaced with selection method in order to make the master-servant point in a subtle psychological manner to be followed with legal steps in due course. Once the idea of a single act and a council headed by the minister, governing the matters of all central universities is put to practice, the Sibalian dream of ‘one size fits all’ would be happily realised. The gods of efficiency and good governance would have slain the demons of independent and critical research and teaching.

If she wants to reform education, Irani would do well to break from this Sibalian mould. Participating in a couple of TV debates about her suitability as the minister of HRD, as she does not possess higher degrees, I had made two points. First, in any democracy, ministers are supposed to provide direction and perspective, and this has nothing to do with higher degrees. In fact, the question of formal qualification is more pertinent in the context of high-level bureaucrats, i.e., IAS officers, who having passed one examination in life supposedly acquire expertise on everything from agricultural policy to rocketry to the finer points of pedagogy. Incidentally, in the mid 1950s, the administration in the education ministry was headed by a professor. Maulana Azad, as education minister, had appointed the distinguished academic Prof. Humayun Kabir as education secretary. It would be interesting to know when and how the IAS lobby captured this position. Irani may look at the idea of reviving the practice of having experts run higher education in the country.

The second point was about the standards of education. I believe that no human being can create more drift and confusion in our education system than what has been achieved by US-trained top-class ‘intellectuals’ under the benign guidance of Manmohan Singh. Irani can only take things in a better direction, provided she chooses to act differently and see through the designs of control-freak bureaucrats.

But, given the convergence of thinking on higher education between UPA and NDA as reflected during the Chandigarh retreat, one is probably asking for the moon.

The story appeared in November 1-15, 2014 issue of Governance Now.

Amid criticism Deve Gowda announces son as JD(S) Karnataka Chief

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JD(S) national president H D Deve Gowda, newly appointed party’s state chief H D Kumaraswamy and others at the JD(S) office in Bengaluru on Thursday. Photo: Nagaraja Gadekal, The New Indian Express

JD(S) national president H D Deve Gowda, newly appointed party’s state chief H D Kumaraswamy and others at the JD(S) office in Bengaluru on Thursday. Photo: Nagaraja Gadekal, The New Indian Express

Bengaluru: Former Prime Minister H D Deve Gowda on Thursday announced appointment of his son H D Kumaraswamy as President of the JDS state unit, even as he acknowledged there was a need to dispel the impression that his was a “father-son party.”

Gowda, who has come under constant attack over his family maintaining a stranglehold over JDS, defended the appointment of Kumaraswamy, a former Chief Minister who is under pressure in recent weeks to play a more active role.

It was a “big tragedy” that JDS was being labelled “father-son party” in Karnataka, Gowda said.

“Aren’t father and their children in the same party in other states?, the JDS chief asked.” If Mamata Banerjee (West Bengal Chief Minister) and Mayawati (BSP leader) had children, what would they have done?, he said, hitting back at the detractors who accuse him of promoting dynastic politics.

The state unit president’s post was lying vacant for the past seven months following the death of A Krishnappa due to heart attack on April 23. He was party candidate for Tumkur Lok Sabha seat. The backward classes leader had assumed the charge in September last year.

The decision to appoint Kumaraswamy was taken at a high-level meeting of party state office-bearers, legislators, district unit presidents and former legislators held here in which Gowda took part.

This is not the first time Kumaraswamy is holding the post. He was appointed as the JDS president in 2008 after the death of Meerajuddin Patel.

Kumaraswamy had quit the post following the party’s defeat in last year’s August 21 bypolls to Bengaluru Rural and Mandya Lok Sabha seats, considered the party’s bastion.

Gowda also announced apointments of Mahantesh Patil and Amarnath Shetty as Vice Presidents, Sharada Purya Nayak, Dinakar Shetty (Gneral Secretaries) and Meenakshi Naneesh and Dr Riaz Farooq (Secretaries).

Assuming the charge, Kumraswamy said he would make all efforts to build the party and take up farmers’ issues.

In 2013, he resigned from the Lok Sabha after winning election to the Karnataka Assembly in which his party emerged the second largest in terms of vote share percentage.

Rohit Sharma's 264 powers India to 404/5 against Sri Lanka

by

rohit-sharma

Kolkata: Rohit Sharma (264) made history by becoming the highest individual scorer in One-Day International (ODI) cricket and also became the first batsman to score two double hundreds as he powered India to a mammoth 404 for five in their fourth match against Sri Lanka at the Eden Gardens here Thursday.

The 27-year-old smashed nine sixes and 33 fours to register the record score in 173 deliveries against a hapless Sri Lankan bowling attack.

Rohit, who scored 209 against Australia in November 2013, stitched a 202-run partnership for the third wicket with skipper Virat Kohli (66).

Brief Scores:
India: 404 for five in 50 overs (Rohit Sharma 264, Virat Kohli 66; Angelo Mathews 2/44, Nuwan Kulasekara 1/89, Shaminda Eranga 1-77) vs Sri Lanka.

(IANS)

Turkey arrests 15 more officers over alleged coup plot

by

Recep Tayyip Erdogan

by Al-Akhbar

Turkish authorities arrested police officers on Wednesday in new nationwide raids over an alleged plot to overthrow the Islamic-rooted government of President Recep Tayyip Erdogan.

The operation, which targeted 15 police officers in seven different Turkish provinces, came after an Istanbul prosecutor issued arrest warrants for 17 officers, four of whom are senior police officers.

Apart from wiretapping, the police officers have been accused of forging official documents and violating privacy of individuals.

The sweeps were the sixth such in a sequence of coordinated raids aimed at cracking down on what Erdogan has described as a “parallel state” within the security forces loyal to his former ally turned foe, the US-based cleric Fethullah Gulen.

The probe is linked to last year’s stunning corruption allegations against Erdogan and his inner circle that were based on wiretapped telephone conversations.

The Erdogan-led authorities have since sacked hundreds of police and prosecutors believed to be linked to Gulen and introducing curbs on the judiciary and the Internet.

(Anadolu, Al-Akhbar)

U.S-China agreement will not fix the climate

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Chinese President Xi Jinping (R) shakes hands with U.S. President Barack Obama at a press conference following their talks at the Great Hall of the People in Beijing, capital of China, Nov. 12, 2014. (Photo: Xinhua/Liu Weibing)

Chinese President Xi Jinping (R) shakes hands with U.S. President Barack Obama at a press conference following their talks at the Great Hall of the People in Beijing, capital of China, Nov. 12, 2014. (Photo: Xinhua/Liu Weibing)

by Friends of the Earth

In response to the announcement of a negotiated deal between the United States and China on greenhouse gas reductions, Friends of the Earth U.S. President Erich Pica made the following statement:

While the U.S.-China Announcement on climate change creates important political momentum internationally, it falls significantly short of the aggressive reductions needed to prevent climate disruption. The announced U.S. emissions reduction target — 26-28 percent below 2005 levels, by 2025 — is grounded in neither the physical reality of climate science nor the lived reality of hundreds of millions of people in developing countries whose lives and livelihoods are in jeopardy due to drought, flooding, fire and other extreme weather events. Simply put, the non-binding target falls miserably short of what science, justice and equity demand.

Further, the announcement is silent on the U.S. commitment to adaptation, technology transfer and climate finance in regards to the rest of the world. These commitments are fundamental for a meaningful climate agreement in Paris in 2015. The first litmus test of how serious the U.S. is about success in Paris will come during the Green Climate Fund pledging session later this month.

Looking ahead toward the 2016 presidential race, I hope that this pledge becomes a very low floor for presidential aspirants and not a ceiling for what is possible in the United States. Using executive authority, the President can and must go further by denying new fossil fuel leases, rejecting the Keystone pipeline and regulating other forms of greenhouse gas emissions.

An innocent man, tortured by the US, asks the UN: Where's the accountability?

by

Murat Kurnaz

by Dan Froomkin, The Intercept

U.S. officials are in for a serious grilling on Wednesday as they get hauled before the U.N. Committee against Torture and questioned about about a multitude of ways in which the U.S. appears to be failing to comply with the anti-torture treaty it ratified 20 years ago.

As Jamil Dakwar, director of the ACLU Human Rights Program noted on Monday:

This marks the first U.N. review of the United States’ torture record since President Obama took office in 2009, and much is at stake. The review will test the pledges President Obama made to reverse disastrous Bush-era policies that led to gross violations of human rights, like torture, secret and incommunicado detention, “extraordinary renditions,” unfair trials, and more. It is also likely to examine practices that emerged or became entrenched during Obama’s time in office, such as indefinite detention at Guantánamo, immigration detention and deportations, and the militarization of the police, as witnessed by the world during this summer’s events in Ferguson.

The ACLU’s “shadow report” to the committee is a profoundly grim indictment of the nation’s failure to live up to its principles.

And although Obama claims to oppose torture, the New York Times recently reported that he could well fail another key test of his sincerity by reaffirming the Bush administration’s position that the international Convention Against Torture imposes no legal obligation on the U.S. to bar cruelty outside its borders.

Obama has already flouted the convention’s requirement that member states hold torturers accountable. I have long argued that his failure there has been particularly profound.

U.S. non-governmental agencies were allowed to address the U.N. committee today, and Murat Kurnaz (pictured above), who was tortured and detained by the U.S. at Kandahar and then Guantanamo over a period of five years, traveled to Geneva with his attorney, Center for Constitutional Rights Legal Director Baher Azmy. He made the following statement:

Good afternoon. My name is Murat Kurnaz. I am a Turkish citizen who was born and raised in Bremen, Germany, where I currently live. I spent five years of my life in detention in Kandahar and Guantanamo Bay from 2001-2006.My story is like many others. In 2001, while traveling in Pakistan, I was arrested by Pakistani police and sold to the U.S. military for a $3,000 bounty. In Kandahar, the U.S. military subjected me to electric shocks, stress positions, simulated drowning, and endless beatings. In Guantanamo, there was also psychological torture—I was stripped of my humanity, treated like an animal, isolated from the rest of the world, and did not know if I would ever be released.

Even though my lawyers proved that the U.S. knew of my innocence by 2002, I was not released until 2006. I lost five years of my life in Guantanamo.

Eight years later, I cannot believe that Guantanamo is still open and that there are almost 150 men detained there indefinitely. My time in Guantanamo was a nightmare, but I sometimes consider myself lucky. I know that part of the reason I am free today is because I am from Germany.

Most of the current prisoners remain in Guantanamo because they are from Yemen and the U.S. refuses to send them home. Many are as innocent as I was. But they are enduring the torture of Guantanamo for over 12 years because of their nationality, not because of anything they have done.

I understand that international human rights laws like the Convention Against Torture were created so that the people who commit torture are punished. Isn’t that how we can end torture in the world? So why has no U.S. official been held responsible for brutal practices and torture at Guantanamo or other U.S. prisons?

I will never get five years of my life back, but for me and others, it is important that the Committee confronts the United States about its actions in Guantanamo and other prisons.

Thank you.

The committee’s proceedings are being livestreamed here. The questioning of the U.S. delegation begins as 10 a.m. on Wednesday, Geneva time — 4 a.m. ET.

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