India News Online » News Analysis » Indian Politics » 

Political Notes

	March 13, 2006

Judicial activism : PM’s concern



The Prime Minister has called for judicial reforms to speed up delivery of justice. Speaking at a joint meeting of Chief Ministers and Chief Justices in New Delhi on March 11, Dr. Manmohan Singh said, “Judicial activism must be used in a restrained manner to fill up any institutional vacuum and failure, and clarify legal positions. He said it should retain its character as powerful, but sparingly used as instrument for correction.



Chief Justice of India Y.K. Sabharwal said public interest litigation has done great service to the nation. He said the judiciary was aware of the need to use it sparingly so that its jurisdiction itself was not questioned.



Acknowledging public outrage over the failure of the system in some recent high profile cases, Justice Sabharwal said judges cannot “create” evidence in the absence of proper investigation. He put the blame for the near collapse of the country’s criminal justice system partly on the Executive. He said the Executive was not doing much to improve the investigating machinery and was sitting on suggestions to change the rules of evidence to revamp the process.



The Prime Minister said, “The manner in which some cases are being prosecuted, particularly where cases fall because witnesses turn hostile or change their evidence, is causing concern to ever increasing sections of society.”



Coming on the heels of Sonia Gandhi’s initiative, the PM’s statement is being seen as an indication that changes in the law to protect witnesses may be round the corner. He said, “There is a need for all of us to reflect whether existing procedures are adequate and foolproof; whether we are using all available provisions to prevent deviant behaviour; and whether we need new provisions in law so that the justice system is seen to deliver justice.”





Best Bakery Case : Zahira Sheikh convicted of perjury



Taking a serious view of the conflicting statements made by key witness Zahira Sheikh in the Best Bakery riot case, the Supreme Court has sentenced her to a jail term of one year. In the judgement delivered on Wednesday, March 8, the apex court also asked her to pay Rs. 50,000 as costs for contempt of court. “Zahira has committed contempt of this court,” a bench comprising Justices Arijit Pasayat and H.K. Sema said while accepting the report of the court’s inquiry officer, which had indicted her as a “self-condemned” liar. If Zahira fails to pay the costs within two months, she will have to undergo an additional one year term.



On January 10, 2005, the court had directed its then Registrar General B.M. Gupta to find out the truth regarding Zahira’s flip-flop on the Best Bakery case in which 14 people were burnt alive by a mob during the post-Godhra riots in Gujarat.



“.....the criminal justice system is likely to be affected if persons like Zahira are left unpunished,” the court noted.



Two days after the Supreme Court verdict, Zahira Sheikh surrendered in a Mumbai court on March 10, and was remanded to judicial custody.





Raj Thackeray launches new party



Shiv Sena chief Bal Thackeray’s nephew, Raj Thackeray, who earlier left the Shiv Sena, has launched a new party, Maharashtra Nav Nirman Sena. Launching the party on Thursday, March 9, Raj Thackeray did not spell out the party’s ideology or structure. He said he would come out with details at a public rally in Mumbai on March 19. Spelling out his political ambitions, he said the new party will contest the Mumbai civic polls next year. At present, the Brihanmumbai Municipal Corporation is controlled by the Shiv Sena.





Centre to draw up strategy for anti-Naxalite operations



In the face of renewed Naxal violence in Chhattisgarh, the Centre has decided to fine-tune its strategy for anti-Naxalite operations in the affected states. The Centre has finalised a standard operating procedure in consultation with the affected states to formulate operational plans and undertake intelligence based inter-state joint anti-Naxalite operations. The Central Reserve Police Force (CRPF) which is in the forefront of tackling the Naxal menace has been provided with mine-proof vehicles, medium machine guns and automatic grenade launchers. Home Ministry sources say that CRPF has also been given the go ahead for creating its own intelligence wing.



In the latest incident of Naxal violence, Maoists blew up a bus and attacked a village in Bastar district of Chhattisgarh, killing eight people and injuring over 20. They also took 15 people hostage. A day earlier, on March 5, the Naxalites blew up a rail engine at Bhansi Railway Station. The Maoists also abducted six railway employees.



Centre reverses Sardar Sarovar Dam height decision



In a controversial move, the Centre has stayed the decision of the Narmada Control Authority to clear an increase in the Narmada dam height from 110.64 metres to 121.92 metres. The Gujarat Government elated at the authority decision, had already begun construction at the site. Union Water Resources Minister Saiffudin Soz said in New Delhi on March 10 that the review committee of the Narmada Control Authority will reconsider the decision. Soz said he had been flooded with complaints about the rehabilitation of those displaced by the dam. He said, “The Chief Minister of Madhya Pradesh has failed to give me a credible assurance that the rehabilitation would be carried out in consonance with the direction of the Supreme Court on the subject. For now, the decision is on hold.”



Soz called the NCA decision “premature” and said that he had already written to the Chief Ministers of the concerned states. The RNCA will meet shortly under his chairmanship.





Khalistan ideologue arrested



Khalistan ideologue Jagjit Singh Chauhan was arrested at his Tanda house in Hoshiarpur district of Punjab on Wednesday, March 8, on sedition charges. Arrest warrants were issued against him for allegedly giving a pro-Khalistan speech at the Akal Takht on the anniversary of Operation Blue Star on June 5 last year.



Recently, in an interview telecast on March 6, Chauhan had claimed that Khalistan would be formed in 2007. After taking legal opinion, the police registered an FIR against Chohan for sedition and for making false statement. The flag of the Khalsa Raj Party hoisted on the roof of his house was also seized.



Chauhan also claimed to be in touch with certain “terrorist outfits” in Jammu and Kashmir for solving issues which he named as Kashmir and Khalistan. He claimed that Khalistan would be formed by the end of next year, but before that “Independent Kashmir” would be a separate nation.



Another Khalistan sympathiser, Kanwar Pal Singh Dhami, of the Akal Federation, who had also appeared in the television programme, was arrested in Mohali, near Chandigarh, on March 9. He has been charged with sedition and making anti-national statements.