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An open letter by a cop to those opposing death penalty to Yakub

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Yakub menon and mumbai blasts

Dear “Intelligentsia” of India,

I am not a TV panelist. I am not a “human rights” activist. I am not a lawyer. I am not a political commentator. I am not a best-selling author. I am not the son or grandson of a famous man. I am an aam aadmi. More than an aam aadmi, I am an officer in the Indian Police force. And I am writing this letter to all of you, after seeing your robust defence of a terrorist.

Why I mention who I am is important because unlike all of you, I don’t sit in plush AC offices and write editorials seeking clemency for a murderer. Nor do I visit TV studios and shout myself hoarse. Instead I meet such killers every single day. But I don’t meet them for cocktail parties or at press conferences (like some of you do).

I meet them on the road, in the streets, with weapons in their arms and hate in their eyes. I have been in situations with them where they would not hesitate a single moment before pulling the trigger on me, but I have to consider all the ramifications like “human rights”, “due process” and “fake encounter” before I save my life and of the innocent people around me.

Given the above I believe I am in a far better position to comment on a mass murderer like Yakub Memon than any of you are.

To defend this criminal, multitudes of arguments have been put forth by what are now called “Adarsh Liberals” in our society. Luckily, almost no one has pleaded that he is innocent. The situation is such that Indians have to be grateful to our “Intelligentsia” for such small mercies.

But one common hypothesis put forward by many is that Yakub Memon surrendered to the Indian authorities, and then cooperated with the investigations. Plain lies. Late B Raman, one of India’s finest intelligence officers wrote this in his article:

He had come to Kathmandu secretly from Karachi to consult a relative and a lawyer on the advisability of some members of the Memon family, including himself, who felt uncomfortable with Pakistan’s Inter-Services Intelligence, returning to India and surrendering to the Mumbai police. The relative and the lawyer advised him against surrender due to a fear that justice might not be done to them. They advised Yakub to go back to Karachi.

Before he could board the flight to Karachi, he was picked up by the Nepal police on suspicion, identified and rapidly moved to India.

This was yesterday confirmed on some news channels when they interviewed the Nepali police officer. He re-iterated that there was no deal and Yakub was fleeing to Karachi. Then why are our “Intelligentsia” hell bent on stating otherwise?

Let me put it another way: I know there is a rat in my house, and I place a laddoo in a trap. The rat gets caught and then pleads for mercy saying that he had come to “surrender” because I had offered him a “laddoo” (deal). Do I let him live?

The second common argument is “but we are against death penalty. It is barbaric”. My simple question is: Did it take the death sentence of a terrorist to wake up the bleeding heart activists? Couldn’t you demand a change in law for so many years? Why are you crying for this beast?

For the record even I am not decided on this issue. Just because we are from the police force doesn’t mean we do not value human life. But in the case of a terrorist, what choice do we have? Do we preserve him hoping he will reform? Can terrorists who come with guns in their hands and an unshakable belief that what they are doing (killing innocent people) is right, be ever reformed?

Forget reformation, keeping such a dastardly mind alive is a big security risk too. Every time he is shifted from jails we have to be our toes to see if any attempt will be made by his gang members to either kill him, so that he is silenced or rescue him, so that he can continue his activities. And there is always the risk that one fine day his friends will hold some innocent civilians hostage and demand his release, so that we can put our lives at risk all over again to re-capture him.

You want to abolish death penalty? Go ahead, but not for terrorists.

Some of our “intelligentsia” have been crying that “due processes of law” have not been followed in this case. It is a shame that a case which is going for 2 decades, which has been debated at multiple levels of the judiciary, even at the highest level, is still subjected to scrutiny by mis-informed, half-read, cretins sitting in AC cabins and reading op-eds. If you did have a problem with the process, why did you not raise your voice in 2013 when he was sentenced to death? Why now when his death is imminent? Are these delaying tactics? Where do your loyalties lie dear “Intelligentsia”? I sincerely hope all these people are tried for contempt of court.

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And finally there are some utter lowlifes who have given this entire thing a political, communal and even casteist colour. How can one party whichever it may be, be held responsible for a Supreme Court verdict, which has taken 2 decades and during which time multiple political parties have fought in courts against Yakub Memon? Do you have even an iota of conscience and rationality left in you when you make such absurdly illogical statements to defend a terrorist?

In the aftermath of the Gurdaspur attacks, it has been reported that now India may be a target of the ISIS. In such situations Indians must unite and fight such a huge demon. But given how our “Intelligentsia” are hell bent in sowing seeds of discord among us, I fear we will be easy targets for such groups. While we keep shouting Hindu-Muslim, Brahmin-Dalit, BJP-Congress, I fear these terrorists will rip my poor country apart.

– A “thulla”

(The author’s identity has been withheld on request of the author)

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Public Opinion

HP Polls 2017: Shimla Urban may decide flow of wind

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Candidates for Shimla Urban seat in hp polls 2017

Harish is his limited area from Sanjauli to Mall Road. Whereas Harbhajan Singh Bhajji has a considerable clout in all areas of the constituency,

Shimla:
The elections to the Legislative Assembly of Himachal Pradesh are inching closer with each passing day and it’s only two days for the fate of all political parties to be sealed in the electronic voting machines.

In this elections, Shimla Urban is a seat that none of the political parties – be it Congress or BJP would like to lose. The major fight remains between Suresh Bhardwaj of BJP and Harbhajan Singh Bhajji of Congress.

Just wait, let me correct as there are two more faces that are influential and will be vying for the seat on November 9, 2017: Sanjay Chauhan and Harish Janartha. However, what impact would they have on the political calculations for this most coveted assembly seat remains to be seen.

As Suresh Bhardwaj is struggling hard with the anti-incumbency factor owing to demonetization and GST implementation, Harbhajan Singh Bhajji can score higher here.

Suresh Bhardwaj is the sitting MLA and aims to win Shimla Urban third time in a row. He has already defeated Harbhajan Singh Bhajji in 1990 elections.

Whereas Harbhajan Singh Bhajji, who had represented Shimla Urban two times, wouldn’t leave anything on fate to prove his metal and make the most out of the opportunity.

As already said, two more candidates are in the fray who have a considerable chunk of the vote bank, but are marred by their own undoing.

Whereas, Sanjay Chauhan’s term as the mayor of Shimla MC was engulfed with major issues like the water shortage, jaundice and garbage collection problem, Harish Janartha is expelled from the party and is questioned for not being loyal to the party that included him in the government even when he lost the last election.

Besides this, what confines Harish is his limited area from Sanjauli to Mall Road. Whereas Harbhajan Singh Bhajji has a considerable clout in all areas of the constituency, which could be a determining factor.

By Vinod Sharma

Disclaimer: Views expressed in the article are entirely of the author, and do not necessarily reflect opinion of Himachal Watcher

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Whose Development Is It, Anyway?

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developmental hidtory of himachal

The development that the people of the state know of has eschewed exploitation and annihilation at almost every level with the final consequence being the destruction of Himachal ecology.

This article is an effort to explore the many meanings which have sedimented around the key motif of Himachal Pradesh Assembly Election – the development.

It highlights the ignorance of the local and lived histories of the development entailed in the developmental discourse by the Congress and Bhartiya Janata Party and reiterated by the commercial mass media.

Himachal will go to polls on November 9, 2017. As the state gears up with massive rallies and prospective designs, one finds a key motif being reiterated throughout development.

No wonder that has been so and it would remain. What strikes out however, is the discursive and rhetorical unity that the politicians and mass media reporting share.

When Modi centralizes development as the main poll plank and his party implies the corrupt Congress government in the state by their ‘Hisaab Maange Himachal’ campaign, the constituency watch segments in the Tribune highlight how Prem Kumar Dhumal had laid the foundation stone for a water channel but no single brick was added during the Congress regime.

The problem between the big talk of the political elites, media that corroborates with them for stories of developmental projects, national parties and national interests is that the people, their lived experiences and the locality is ignored.

It is precisely with this concern that this article is written. The article tries to juxtapose the idea of development articulated by the politicians during the Himachal Pradesh election 2017 and reiterated by the mass media as against the local historical experience of development in the state of Himachal Pradesh.

If one goes beyond the binaries of Cong/BJP and development/under-development which is upheld in their political action and the columns of the news articles reporting on the H.P. elections, one sees a unified notion of ‘development’.

This notion is disseminated and ignores the local historical experience with ‘development’.

Himachal Pradesh has almost 90% of its population living in the rural areas. Out if which, 62% are employed in agriculture or horticulture which is responsible for generation of 16% of the total G.S.D.P.

It is also the home to many scheduled communities like the Gaddis, Gujjars, Bhots, and Lahaulas etc.These aberrational figures.

However, it does not capture the local historical experience of development. Rather it is a consequence of it.

The local history has not been pleasant as the media and the political elites imply, almost being antithetical to all the fervor and enthusiasm with which these projects are announced.

The development that the people of the state know of has eschewed exploitation and annihilation at almost every level with the final consequence being the destruction of Himachal ecology.

A recent study by Himdhara concluded how the developmental activities in the state have adversely hit the river basins of Satluj, Ravi, Beas, Chenab and Yamuna.

However, this is not all. From the first stages till the last, development means struggles and problems for the people of the state.

The forceful eviction and anti-encroachment drives by the Congress government last year, the delayed implementation of the Forest Rights Act, 2006 after a long drawn struggle, and the stunted rate of settling F.R.C.’s claims to lands remain in the local memory.

The late implementation was at the cost of diversion of lands for developmental projects against the interests of the locals.

In doing so, many provisions were bypassed. The Himachal Pradesh Power Corporation Ltd. had even appealed in the court saying,

The Gram Sabha is the deciding body/ authority to comply with the direction of the learned National Green Tribunal, Delhi but the Gram Sabha consists of unskilled local persons/ local residents.

On November 5, 2016, in a case where the N.G.T. had ordered the state government to comply and implement the F.R.A., 2006.

The locals were not only barred from their own homelands, but it also directly hit their livelihood and subsistence activities in the form of repression by the forest department by felling of trees, dismantling the houses and water/electricity connections along with inaccessibility to forest products.

In the local history, the denial of ancestral home and material basis of culture is one of the first meanings of development.

And that’s not all. With the construction of these projects comes the plight of unemployment. Companies prefer migrant workers in the construction of these projects as they are more skilled, less paid and have a lower tendency to unite and resist the unfair and exploitative terms.

Along with these migrant workers come further destruction of the natural habitat with clearing of forests and felling of trees. It leads to the detribalization in tribal areas.

As these projects go underway, some people find employment in the mines, factories and hydel project. However, the experience of unpaid labour, low wages, improper conditions of work and repression of resistance has further sedimented upon development.

Instances like the alleged murder of three workers during their struggle against the N.H.P.C. and Hindustan Construction Company in Chamba, Karcham-Wangtoo and Shongtong-Karcham also added up to the local experience which lead to construction of development as an anti-people agenda.

The image of the development in the local history is one which is informed by exploitation in the present and annihilation of the past.

The local historical conception of development is, thus, antithetical to the national conception of the development, which the companies and the politicians want to inject into the scene.

Here, the discursive and conceptual unity of the media and the political elites of the state in terms of their conception of ‘development’ is quite striking.

The promises of development by Cong and B.J.P. and the accusations against each other are something that the media has vowed to investigate with token representation of the locals only as corroborators.

They fit only as long as they can serve as the ‘proofs’ to the stories of development where the political elites are represented as the protagonists.

Reading the news articles ‘against the grain’ helps us in bringing out those voices in their own context. We will find many instances where the voices of the locals, their frustration against the Cong-B.J.P. governments, unifying them as two sides of the same coin, highlight the cronyism prevalent and have the full consciousness of their local historical conception of development.

In my opinion, what we need to do is the abandonment of the developmental discourse and a suspecting eye towards all who reiterate and reify the innocent and progressive idea of development as against the local history of development.

After all, our national movement was against a power which legitimized its exploitation on the basis of ‘civilizing mission, progress and development’!

By Yugank Mishra/A research associate at the Institute of Perception Studies, New Delhi and a research scholar pursuing M.Phil. in History from Ambedkar University, Delhi.

Disclaimer: Views expressed in the article are entirely of the author, and do not necessarily reflect opinion of Himachal Watcher

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Kotkhai row: Suspicious of own Police, CBI is no less than godly guardian of law for Himachal people

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Shimla – In the eyes of people of Himachal Pradesh, a peaceful Hill State, the arrival of the Central Bureau of Investigation in Shimla was no less than divine intervention. After all that happened in the gruesome Kotkhai case and the way people lost complete faith in the State Police after mysterious killing of one of the accused, CBI officials are being perceived no less than godly guardians who will rip apart the conspiracy of monsters (real culprits) to deliver justice at every cost, no matter what comes in their way.

It is no co-incident CBI, in its idle form of a law-enforcement agency, is meant to do the same. Moreover, CBI has vowed to crack the case within 10 days, according to a report published in India Today.

But critical, especially journalists point out that CBI officials are human too, and they work under the government. The critics believe they are vulnerable like any other human, but hope it doesn’t turn out to be so in the current case.

There is a reason why CBI officials are being perceived as saviors of justice like incorruptible super cops.

The alleged gang-rape and brutal murder of a 16-years-old school going girl in Shimla’s Kotkhai region is more terrifying than Delhi’s Nirbhaya incident in 2012 if seen from the perspective of delivering justice in its literal sense. Yet, the national media has been discriminate in coverage.

The Police Department in capital Delhi had captured all culprits very swiftly. In Shimla, the police – the law enforcement agency of the State Government – did not work the way it was supposed to, allege family, relatives, and locals in the region.

People are sure the police tried to shield real culprit, who is, they believe, some influential and wealthy person.
In the eyes of common people, the concept of justice was ripped apart with the majority of Himachal alleging Special Investigation Team of HP Police of covering-up real culprits.

It was a huge moral shock for the people of Himachal when they saw pictures of the minor victim’s naked dead body dumped in a pit on social media. The pictures of the girl in the school dress also went viral on social media. In fact, her pictures are still circulating on social media.

But unlike the Delhi’s Nirbhaya case, here people have labeled some other serious allegations. People believe that in order to save the real culprit, the police is trying to sacrifice migrant laborers who have been working in the apple orchards in the same region. This presumption took a concrete form when one of the accused, a Nepalese laborer was killed in the Kothai Police Station in the custody. The police said the accused Raju killed him during a scuffle inside the lock-up of a very small station. The mother of Raju claimed in media statements that Raju and Suraj were like brothers as they lived in the same settlement.

In Kotkhai row, the local police take seven days to arrest six people. In the case of Nirbhaya, the police had convinced, through solid evidences, the entire nation that all arrested men were the real culprits. The police had also managed to keep the identity of the victim undisclosed.

In Shimla, the investigation story isn’t making sense to even uneducated rural population. No men or women with an average level of common sense could find any sense in the investigation and police’s claim that one accused killed another in the security of police.

The wet eyes of victim’s parents, the poverty stricken mother of Raju (accused)left alone after he was arrested in the case, and sobbing wife of another accused Suraj, who was killed in police custody under prototypical circumstances, all have put their faith in the CBI, which is an idle situation.

People believe CBI will unearth the truth and upheld the supremacy of the law. After CBI initiated its probe, the public that had taken to rioting and violence after State government and district administration of Shimla were seen as an accomplice of the alleged real culprit, has calmed down for a while. The anger and distress still exist but CBI has given the public a hope.

The mother of Raju, one of the migrant laborers arrested by the police, appeared on a video clip recorded by a journalist of a Hindi daily. She believes her son was falsely framed. She claimed her son was with her the entire time during which the crime took place as per the police. She is dependent on her son as she is a cancer patient, but now she is left alone, and there is one to take care of her, she says to the journalist.

Similarly, wife of poor Nepalese laborer Suraj appears in videos with two small children. All three were dependent on Suraj.

Now, all desperately wait for CBI to unfold the mystery surrounding the entire case. The justice must be delivered lest people lose faith in the State government and its machinery including law enforcement agencies.

When people no more trust the system and the protection from crimes ensured by it through law, they tend to take the matters into their own hands. People would be running their own trials at their own social and economic levels because they don’t believe the police can get them justice.

No one knows the real story behind the entire crime and investigation is still in progress. The culprits are still to be confirmed, so it would be wrong to draw any conclusion of ours.

But the naked body of the girl dumped in the pit in Kotkhai and the half-naked dead body of the forest guard, Hoshiyar Sing, found hanging upside down from a tree in a forest of Karsog, Mandi, are apt reasons to believe that corruption and prevalence of justice are inversely proportional.

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