Terror Problems of Pakistan

There is more to the bloody madness in Lahore or Peshawar than what is seen and shown to the world.
If security agencies and feeds of intelligence agencies via the media reports are to be believed then the attacks have been launched by the Taliban (Haqqani Network), al Qaeda, Lashkar-e-Taiba… Harkat-ul-Jihad-al-Islami, Harkat-ul-Mujahideen, Lashkar-e-Jhangvi, Harkat-ul-Jihad-al-Islami, and a host of Pakistani jihadi terror groups that have joined forces.
Who are they? Where to do they get their money from? Who are the real people behind this industry called terrorism?
The ISI says it is a good spy organization and is trying to show that it is not behind the guns these guys carry. Then could it be the CIA. The CIA may be interested in getting more action and could be likely interested in fiddling with the state called Pakistan. But they say that RAW also has a good network in Pakistan (which anyone who knows the cops in India would doubt) and could be involved. Frankly, most of the people serving in RAW or IB or any police organization have a lot to think about their homes and career rather than what is happening in Pakistan or the US or Mumbai. They are more concerned what is happening in the headquarters top floors.
But this is a bad sign for Pakistan. Eventually, the nation will face a lot of problems like the ones we are seeing in Iraq or Afghanistan. Pakistan may go the USSR way. The future for Pakistan is not very bright and the world needs to stand up and take a serious note of the happenings in the region.

The people know more than you think they know

Where are our NETAs

I have been wondering if all the ruckus about Varun Gandhi is worth it or its just media hype. Firstly, we don’t have a great leader or even a decent leader who talks or does anything sensible, worthwhile and really meaningful. Varun’s cut the hands remarks are just meant to get him where he desperately wants to reach – the Parliament.
These Gandhis and Nehrus and Advani and Maywatis and Yadavs and Singhs are destroying the country. When I say destroy – I Mean just that. No leader is above board…. They all have flaws… Who to chose and what to reject?
You take Mayawati – She cannot rise above Lord Kanshi Ram and the parks. It just takes a few lakhs to contest elections on a BSP ticket or sit in the front row on her birthday bash.
Mulayam - the less said the better. As Defence Minister, the MOD officials had refused to show him top secret files... Everyone knows the Phelwan.
Advani as home minister did not know if Foreign minister Jaswant Singh was taking Masoor Asad to Khandhar. He did not demolish the Babri Masjid. The so-called 'iron man' cannot be more politically correct than anyone else.
Sonia Gandhi .... If you believe even one percent of what Subramaniam Swamy says - then God save our country!
Hey, this time I am not contesting elections. I am not a NETA either but I am ready to cut hands if it takes me to the Parliament. But my father is not a Gandhi, you know.

RAW, IB heads were not chopped off

While CM had to go, IB and RAW chief managed to hang on just because they had little time to retire after 26/11
Sonia defers decision on Deshmukh
By: MK Tayal
Date: 2008-12-03
Loyalty pays. If you have any doubts, just ask beleaguered Maharashtra chief minister Vilasrao Deshmukh. Nothing else could have saved his skin with all the mayhem in Mumbai and party colleagues baying for his head. It all started at 10 Janpath, the residence of Congress president Sonia Gandhi, where top Congress leaders went into a huddle to discuss the pressure on the Maharashtra chief minister to resign.The calls for his resignation got vociferous after he went to the Taj Hotel with filmmaker Ram Gopal Varma and his deputy, RR Patil, put in his papers. Emerging from the one-and-a-half hour long meeting, Deshmukh said, "The matter is with the high command. They will take the decision. I have explained the entire situation, including the steps I took after the incident."Defence Minister and party incharge of Maharashtra affairs, AK Antony, said the situation was discussed in detail and the final decision will be taken by Sonia Gandhi. Deshmukh flew to Delhi on a special plane with President Pratibha Patil who reached Mumbai, cutting short an official trip to Indonesia. He met Gandhi's political secretary Ahmed Patel. Later External Affairs minister Pranab Mukherjee accompanied Deshmukh to 10 Janpath.Gandhi has kept it in suspended animation. But, Congress sources say Deshmukh would get a new lease of life. Meanwhile, speculation is rife that the government may sack some top intelligence officials for their failure to "generate actionable intelligence" to prevent the terror attacks.
More heads to roll
>>Research and Analysis Wing (RAW) secretary Ashok Chaturvedi may be asked to go on leave.
>>The axe may also fall on Intelligence Bureau (IB) chief PC Haldar, a source said on Tuesday.
>>The agencies are responsible for generating "credible and actionable" information. However, there was no specific input by them on terrorists' movement, the source said.
Maha plan of action
>>Establishing State Security Council on the lines of the National Security Council.
>>Setting up of Maharashtra State Security Guard on the lines of NSG.
>>First battalion of 200 commandos will be raised in the next four months.
>>Setting up 12 new coastal police stations and strengthening the old ones
>>Issuing smart cards to fishermen

Previous article

Don't know if this still holds any meaning?

Date : 2003-12-24
Is Rahul Gandhi married?

By M K Tayal

New Delhi, Dec. 24: Among the guests accompanying the Gandhi family for New Year celebrations on the Lakshadweep Islands is Rahul Gandhi’s girlfriend Juanita, a Columbian.Some reports have even claimed that Rahul has married Juanita, but 10 Janpath has refused to either acknowledge the fact or deny it.According to reliable sources Juanita, who has been in the city for over a week had been staying at a farmhouse in South Delhi, before shifting to 10 Janpath yesterday.

Sources have said that Juanita is from an affluent family but one of her uncles in Colombia has nefarious antecedents and is reportedly a wanted person in that country. He reportedly has interests in drugs and other illicit businesses.Sources have said that Rahul, his girlfriend and grandparents (Sonia Gandhi’s parents) will fly to Lakshadweep Islands today. The special flight will make a brief halt at Mumbai

However, a member of Parliament said that Sonia is also likely to stop at Kerala.In the meantime, Sonia Gandhi’s programme in Mumbai on December 27 may or may not have Priyanka Gandhi on board. The schedule is being kept a secret.

Even Congress in-charge of Maharashtra Vayalar Ravi is not aware of Priyanka’s itinerary. “I am not aware if Priyanka is coming or not,” was all he said. The suspense is being made out to attract more crowd, explains a source.However, according to sources, Priyanka’s in-laws are also likely to be a part of the holiday, signalling the first positive sign of her joining politics, keeping the 2004 general elections in mind.

Truth as defence

FRONTLINE - Article on the story on Ex CJI Y K Sabharwal

Volume 24 - Issue 20 :: Oct. 06-19, 2007

Truth as defence
V. VENKATESAN in New Delhi

IN 2006, Parliament amended the Contempt of Courts Act (CCA) to introduce Section 13(b), which states: “The courts may permit, in any proceedings for contempt of court, justification by truth as a valid defence if it is satisfied that it is in public interest and the request for invoking the said defence is bona fide.” The object of this amendment was to introduce fairness in procedure and meet the requirements of Article 21 of the Constitution, which guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law.
The amendment failed to achieve its object when the Delhi High Court Bench comprising Justices R.S. Sodhi and B.N. Chaturvedi found three journalists and the publisher of Mid-Day, Delhi’s afternoon daily, guilty of contempt of court, and sentenced them to four months’ imprisonment on September 21.
The Bench found journalists M.K. Tayal and Vitusha Oberoi, cartoonist Md. Irfaan Khan, and publisher S.K. Akhtar guilty of contempt. In its view, they, in the garb of “scandalising” a retired Chief Justice of India through their publications, have, in fact, attacked the very institution of judiciary. The Bench arrived at this conclusion through convoluted reasoning and a procedure that is glaringly flawed.
Mid-Day published on May 18 a story hinting that the sons of the former Chief Justice of India, Y.K. Sabharwal, benefited by the Judge’s orders directing the sealing of commercial properties in the residential areas of Delhi, and that the sons were operating their businesses from the Judge’s official residence. Irfaan Khan’s cartoon, which was carried in the daily on May 19, depicted Justice Sabharwal in his robes holding a bag bursting with currency. It also depicted a man sitting on the sidewalk saying, “Help! The mall is in your court.”
In response to the notices issued to them by the Bench, the accused journalists claimed in their affidavits that whatever was published in Mid-Day about Justice Sabharwal was the truth, which is a permissible defence. They also contended that the stories carried in the daily focussed on the life of the former Chief Justice of India after he had left office and, therefore, could not be termed as denigrating the authority of the Supreme Court. They also argued, through their counsel Shanti Bhushan, that the Chief Justice ought not to have been on the Bench that passed orders concerning the sealing of properties in Delhi where non-conforming activities were going on and further that it was the duty of a journalist to expose corruption in the judiciary at the highest level. Shanti Bhushan also told the Bench that the material on record was ample proof that the sons of the former Chief Justice were beneficiaries of the sealings.
Shanti Bhushan clarified to the Bench that he was not challenging the correctness of the order of the Supreme Court but the order of the former Chief Justice, who was the presiding member of the Bench and who, by his impropriety, passed orders sealing premises in which commercial activities were being conducted, in order to benefit his sons’ business.
But these arguments failed to convince the High Court Bench. It appeared to the Bench, from the manner in which the entire incident has been projected, that the Supreme Court was portrayed by Mid-Day as having permitted itself to be led into fulfilling an ulterior motive of one of its members. “The nature of the revelations and the context in which they appear, though purporting to single out a former Chief Justice of India, tarnishes the image of the Supreme Court. It tends to erode the confidence of the general public in the institution itself. The Supreme Court sits in divisions and every order is that of a Bench. Imputing motive to its presiding member automatically sends a signal that the other members were dummies or were party to fulfil the ulterior design. This we find most disturbing,” the Bench said. Observers note that by no stretch of imagination can it be held that the Mid-Day stories on Justice Sabharwal suggested that other members of the Bench had connived at his “impropriety”.
The Bench, as is clear from this order, did not find it necessary to consider truth as a defence while holding the journalists guilty of contempt. It may be of interest to point out that the amendment to the CCA providing for truth as a defence is by way of addition to Section 13, which says that contempt is not punishable in certain cases. In other words, the CCA envisages two types of offences of contempt of court: those which are punishable and those which are not. Section 13(a) says that no court shall impose a sentence under this Act for contempt of court unless it is satisfied that contempt is of such a nature that it substantially interferes or tends substantially to interfere with the due course of justice.
During the arguments over the sentencing of the contemners on September 21, the counsel for the journalists again raised the plea of truth as a defence under Section 13(b) of the Act. The Bench, however, brushed aside the plea, asking “truth of what?” It is clear, therefore, that the Bench considered the case as one of punishable contempt. The Bench, however, failed to ensure that the requirements of the Act were met in letter and spirit.

The Bench obviously found the journalists guilty of contempt under Section 2c (i) of the Act. Under this section, “criminal contempt” is defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which scandalises or tends to scandalise or lowers or tends to lower the authority of any court. Observers have pointed out that law has implicitly provided for truth as a defence under this section as it is only falsehood that can scandalise or lower the authority of any court.
The procedural flaws in the case were substantial. One is about the High Court’s jurisdiction to entertain the case suo motu. It has exercised its jurisdiction under Article 215 of the Constitution. This Article says that every High Court shall be a court of record and shall have all the powers of such a court, including the power to punish for contempt of itself.
Section 11 of the CCA says: “A High Court shall have jurisdiction to inquire into or try a contempt of itself or of any court subordinate to it, whether the contempt is alleged to have been committed within or outside the local limits of its jurisdiction, and whether the person alleged to be guilty of contempt is within or outside such limits.” Going by this provision, it is not clear how the High Court Bench considered the matter as falling within its jurisdiction, even though the contempt alleged is of the Supreme Court, which is not subordinate to it. Under Article 129, only the Supreme Court has the power to punish for contempt of itself.
On September 28, the Supreme Court Bench comprising Justice Arijit Pasayat and Justice P. Sathasivam admitted the appeals of the journalists concerned and stayed their sentence until the disposal of the case. On the directions of the Supreme Court, the High Court granted them bail on September 21. The Bench appointed senior counsel T.R. Andhyarujina amicus curiae and directed that the appeals be listed for hearing on January 16, 2008.
The case has brought to the fore the effectiveness of the amendment incorporated in the CCA. The Bill on this amendment was cleared by a Parliamentary Standing Committee (12th Report of the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice) in August 2005.
In its report, the Committee hoped that the higher judiciary would give due regard to this statutory provision (guaranteeing truth as defence), maintaining the principles of fairness and reasonableness it was known for. The Committee also believed that such procedure would give the contemner full opportunity to make his defence and ensure that the principle of natural justice was not violated.

More important, the Committee had recommended that the defence of truth be inserted as one of the exemptions or defences under Section 8 of CCA rather than under Section 13 because it felt it would give the contemner additional help in that he could defend himself on the grounds of truth. But the government did not accept this recommendation while enacting the Bill.
The National Commission to Review the Working of the Constitution (NCRWC) recommended in 2002 an amendment of Article 19(2) of the Constitution to provide for defence of truth in contempt proceedings. The Commission took this view, considering the inherent powers derived by the Supreme Court and High Courts from Articles 129 and 215. The Commission had reasoned that a total embargo on truth as justification would be an unreasonable restriction on the freedom of speech and expression, which is guaranteed by Article 19(1)(a). The government, however, felt that a constitutional amendment for this purpose would be a time-consuming process, and thus opted to amend the Act.
The question raised in legal circles is whether the journalists held guilty of contempt would have succeeded in establishing the truth of their allegations against Justice Sabharwal, even if the Delhi High Court had allowed truth as a defence during the proceedings against them.
As Prashant Bhushan of the Campaign for Judicial Accountability and Reforms (CJAR) told the Standing Committee: “If anybody does a story and even if he says it is bona fide, he may not be able to prove the truth of what he is saying. He may legitimately believe as true what he is saying. But he may not be able to prove in a court of law unless statutory investigation is made by the police agency and documents are seized.”
The pressure mounting on the Chief Justice of India, Justice K.G. Balakrishnan, to constitute an inquiry into Mid-Day’s allegations against Justice Sabharwal – later authenticated by the CJAR’s painstaking documentation available on its website – thus makes sense.

"Khalistan Will Be Formed by 2007"

Posting some old articles.
Jagjit Singh Chauhan: "Khalistan Will Be Formed by 2007"
By M.K. TAYAL

Mid-Day, Jun. 6, 2004

Once self-proclaimed president of Khalistan, Dr. Jagjit Singh Chauhan, after winning a long legal battle has returned to India and has since been living a life of solitude. To catch him on the 20th anniversary of the Operation Blue Star, we walked into a hospital, anticipating arrogance and hostility, what greeted was a warm smile and cup of tea. After waging a war against India, which he calls an artificial nation, Jagjit, 76, now wants to be a selfless worker for Khalistan. From the heady days, Jagjit now tends to patients that come to his charity hospital in Tanda in Hoshiarpur district of Punjab. Heading the Khalsa Raj party, he is supported by parties like Dal Khalsa and Khalsa Conference. He claims he never was a part of the armed struggle led by Bhindranwale and never propagated self-determination by the weapon. In India, he is taking up the cause in a peaceful and democratic manner. Jagjit, who was once chased by the intelligence units and labelled anti-national, is now waiting for the end of his life. To give meaning, he decided to serve people, but his heart aches for the land of his dream, which he believes will happen by 2007. On top of his hospital, the Khalistan flag unfurls and so do his dreams about an independent Khalsa land, Khalistan. Excerpts: M.K. Tayal: What are you doing these days? Jagjit Singh Chauhan: I run this charitable hospital. I serve people and take care of them. I have donated this land to the hospital that I had earlier rented out. But then I found that the doctors I had rented the place to were charging exorbitant amounts. So I decided to step in. M.K.T.: This hospital looks new. J.S.C.: Yes, I am still constructing it. It will have 30 beds, an operation theatre and labs. The land is around eight acres and costs nearly Rs. 100 crore. Local mafia tried to grab it and now I am fighting a court case against them. M.K.T.: What about your movement, Khalistan? J.S.C.: The movement continues. Violence was injected by the Indian intelligence agencies. Bhindranwale was surrounded by agents. The Indian government wanted to curb the movement, so they knew it would be finished by the gun. But how long can violence last? See Sri Lanka, Palestine, Nagaland. There is no end. M.K.T.: But why come to India after all that? J.S.C.: In London, I was leading a comfortable life. But then I didn't want it any more. I had free rail passes and accommodation. They even gave us a room in the Parliament. But the real movement is the Khalsa movement that was started in 1699. M.K.T.: What was the impact of Operation Blue Star? J.S.C.: Bhindranwale was in the right. He was a preacher. The army should not have attacked the Darbar Sahib. M.K.T.: Now what do you plan to do? J.S.C.: See one day, India will be the United States of South Asia [U.S.S.A.]. It will have Afghanistan. Pakistan will break up into five parts and be a part of U.S.S.A. And so will India. Bangladesh will also join. Nehru wanted to be king. He virtually became king. He divided the states too. M.K.T.: Do you think people want Khalistan? J.S.C.: Every Sikh wants it. They may not admit it. But that is a fact. Is it alive and how strong is the movement today? Very much alive. We have chapters in London, Washington, Canada. We have a radio station and even a T.V. channel besides websites. M.K.T.: What is the difference between these chapters? J.S.C.: Style of working. Washington wants a hi-tech office. It is modern. M.K.T.: Is the U.S.-based Dr. Gurmit Singh Aulakh the president of the Council of Khalistan? J.S.C.: Yes! I was the president but now, I want to be a simple worker. M.K.T.: What happened to the currency of Khalistan? J.S.C.: Oh! That was symbolic. It is still present. It was started to pressure the government. M.K.T.: What do you see as the future? J.S.C.: I will not stop talking about Khalistan. After Operation Blue Star, I said Indira Gandhi would not see 1985. She was killed before 1985. It came true. Then Prime Minister Chandrashekhar met me in London. I told him Rajiv Gandhi would also be killed. Ten days later, he was. What I say is with a lot of intuition I use it in politics. Now Khalistan will be formed by 2007. M.K.T.: How will it be different from India? J.S.C.: It won’t have corrupt people like Laloo Prasad Yadav or the Jan Sangh (B.J.P.). India is an artificial country. M.K.T.: What about Manmohan Singh? J.S.C.: He is an honest economist but how long will he last in the system? Khalistan will have local-level bodies and no S.P.s and D.M.s. These village councils (Khalsa panchayat) would also perform the duties of the courts. M.K.T.: Has the recognition by the Unrepresented Nations and Peoples Organisation [U.N.P.O.] at the Hague given a boost to the movement? J.S.C.: Yes. Apart from that we already have three-four M.P.s in the British Parliament. Kashmir has four-five M.P.s. Our movement is coordinating with the Kashmiris.

Give up or given in - World Power comes to India

US Mission Possible – To rule the world Start the action – Break the USSR, go into Vietnam, control smaller economies, ensure world bodies function according to its diktats. Europe, Africa, Australia and Latin America already in control. What is left?Actual count down in Asia Act 1 - Attack and destroy Iraq and assassinate Sadaam Hussein Act 2 – Bomb Afghanistan, blow the hell out of the people in the garb of tackling Taliban and going after the terrorists. Somebody called Osama is hiding there, perhaps. Act 3 - Bomb Pakistan. Oh, Osama may be in SWAT (already the most dangerous place to have a pizza – if you can get it.) Remove Pravez Musharraf and install a weak government. Create confusion in the Pakistan army and make the generals incompetent. Encourage terrorist attacks and let the Taliban and al Qeada bloom so that it gives legitimacy to the US forces in the region. Once you start controlling security, ensure that business comes from Washington. Break Pakistan into three or four small autonomous regions with tribal/small-time leaders in-charge under NATO/UN control. Act 4 – Focus on Iran – Start building up a war-like situation in Iran. Ensure that the world press writes how rogue Iran has become to give it legitimacy to break up the country that is = “the world’s top state sponsor of terrorism” and has “enough uranium for a nuclear bomb”. Continue imposing economic sanctions. Act 5 – Start interfering in the internal matter of India. Let American business capture Indian markets. Install governments that have blessing of the US. Manmohan Singh was a world bank employee till very lately. No point attacking India as it already is a weak nation and you just need to go into the government by just luring officials with a free-life time visa to the US or even citizenship. The bribes are low. The establishment in a mess. A bomb blast and the FBI officially meddles in the internal security matters of the country. It may seem that the Americans are behind bomb blasts and terrorists attacks all over the world. To say this - you need solid proof, which only the American media can write about as their intelligence agencies give enough fodder to the media. But there is a method in this whole terror attacks and US aggression in Asia. The US has been against Iran for long and now it is raking up fears of a nuclear bomb and says that the country is “world’s top state sponsor of terrorism” and has “enough uranium for a nuclear bomb”. Barack Obama in a message to the Congress said on March 12, "The actions and policies of the government of Iran are contrary to the interests of the United States in the region and pose a continuing unusual and extraordinary threat to the US national security and economy.”
Iran and India are on the target after it completes is mess in Pakistan.Let there be a third front government in the country and see what the US does to the economy. It will not it last for more than six months. Only the BJP or the Congress party, or the Samajwadi Party will be allowed rule the country. For the rest - can give outside support. Time to wake up.

Gandhigiri, elections and Sanjay Dutt

Actor Sanjay Dutt wants to now contest elections and sit in the Parliament and make laws. It is a matter of utter shame . This is a tragedy. Are we sit down and witness the actor sit in the Lok Sabha and make fun of 'We, the People'.You can argue that we have had convicted people sitting in the Parliament and lording over us. True, we should have woken up when we were getting free and our Constitution was being copied from the British and the Americans. But what Ambedkar and his gang left out, we have to step in and change.We have had convicted persons like Phoolan Devi or Pappu Yadav (the latter who contested the elections, won and attended Parliament from Tihar Jail) or the likes of Lalu Prasad Yadav and Shibu Soren amidst the crowd of 100 odd-MPs (out of 542) with a criminal background. Criminals entering the Parliament has ceased to be an issue.But the objections to Dutt entering the Parliament are not totally unfounded. Dutt has been awarded six years of imprisonment for Bombay blasts 1993.This is despite the fact that three AK 47s were reduced to a single assault rifle and a pistol. How that has been achieved is another tale.Given that Dutt and his father tried every trick in the book or they wrote a new book itself to get him out from the blast case, the police must have got something real solid against the actor to have lasted the might of money and political anger. Now the Samajwadi Party – is keen that Munna Bhai contest the election on its party ticket. Much less said about the SP, the better.The point is that not to question ourselves about the propriety of allowing such bastards to enter the Parliament. The question is should we allow them to live in our country.And we have our Supreme Court to answer this now. The court has been very lenient so far. (Naturally since Amar Singh feeds and pockets nearly half the black lord…s). If the court agrees to this one, I don’t know how we can stop Dutt and people like him from existing in our country.So let us start by doing some GANDHIGIRI. Let us join e-mails to make Dutt the President of India and not shame us, the people of India, more than he has already done. Let us urge Pratibha DeviSingh Patil to resign.

Capt M K Tayal

India

Lahore Attack - Time to move

Pakistan once got the taste of its bitter poison when the terrorists killed eight cops while ambushing the convoy in which Sri Lankan cricketers were travelling.
According to Indian intelligence experts, LTTE with support from Markat-u-Mujahideen is possibly carried out the attack. Though the terrorists failed to get to their targets (the cricketers), they killed eight people, including a driver.
Pakistan is on the verge of being declared a failed state and it is just time before the Taliban/al Qaida and other groups openly start ruling the Muslim mindset. from Lahore to Peshawar or Karachi to Gilgit.
The Americans are already actively operating in parts of Pakistan with impunity. The Pak military and the ISI can do little stop to the Americans, except getting NATO vehicles burnt by crony militants.
Ironically, our home minister P Chidambaram says the terrorists could plan something dramatic during elections.
The question is what the hell is the government of India doing to stop Pakistan and the terrorists from taking any steps against India? Indian babus and mantris have to stop working against the interest of the nation and start taking Pakistan, the ISI, terrorists and even the US (if it comes to that - but this cannot happen) head on.
India will have to respond, and soon.