Sunday, 3 August 2008

'Make ordinary citizens stake-holders of peace' - 03 Aug 2008

080803.dh.citizenstakeholders

http://209.85.175.104/search?q=cache:kslRM0y0AzIJ:www.deccanherald.com/Content/Aug32008/panorama2008080282463.asp+maxwell+Pereira+in+Deccan+Herald&hl=en&ct=clnk&cd=5&gl=in&client=firefox-a

Deccan Herald: Sunday, August 3, 2008


By Maxwell Pereira

The blasts reinforce the conviction that the war against crime, social injustice, terror, et al is not a leader's war but a peoples' war. That the need to mobilise vast masses of citizens is the only permanent deterrent.

Yet again the country is in a spin over an increased threat perception following bomb blasts in two major cities – Bangalore and Ahmedabad on two successive days; more bombs then found in a third city Surat, and to boot - a terrorist module also busted in yet another, Tamil Nadu city. On everyone's mind now is, where next? …and when!

The realisation how utterly vulnerable we are, is gripping; the desperation of seeking a solution that’s eluded us over all these years no less. Following each of the blasts be it in Varanasi, Mumbai, Jaipur, Bangalore or Ahmedabad or the ones earlier, the same deadpan placid faces of leaders with platitudes and promises, political mud-slinging and attempts at opportunistic political mileage; and finally, other inevitable blame game.

No doubt there is more than a grain truth in all the allegations and accusations one gets to hear - but is that where the buck stops? As a society, are we prepared to lie on our back and suffer this state of affairs and terrorist lashings time and again? When will we learn? Each citizen needs to introspect and search within him/ her for a list of commissions or omissions on one's own part that contributed to today’s mind-numbing scenario.

Commenting on police role I would concede there has been unpardonable failure - be in intelligence gathering, be in local policing methods of crime control. It boils down to failure of grassroots policing by leaderships that failed to give ear to the ground to listen to undercurrents and happenings behind the scene. The unpardonable shifting of emphasis from the time tested beat patrol to more and more reliance on technical supports, to the neglect and detriment of basic policing. The sense of complacency that ends up invariably to catch us unawares and unprepared. With the plethora of duties today's police stations are burdened with, the actual presence of the policeman in his beat is nix - where it exists, more on paper than real.

In my district policing days I often refused to lend ear to a complainant who could not identify or name his beat constable. It served a dual purpose: the constable lost his invisibility and anonymity but acquired dignity and status, and in turn ensured the citizen better policing. What more, in the social structure in cities, the colonies are invariably dependent on people that provide services to residents - the plumbers, electricians and linemen, postman, the iron-presswala, the cobbler under the tree, the diligent colony chowkidar and not the least the beat constable.

Add to these those from sanitation, health, census, survey, corporation, security guards, cable and courier-wallas, milk, newspaper and vegetable vendors and so on. The govt has in each one of these, a veritable goldmine of resource; there is nothing that misses their eyes and ears. It is a clever SHO that fails not to tap this potential. But sadly in today’s policing structure and priorities, the vital link to tap this pot of gold is the missing : beat constable.

Every citizen is a stakeholder in today’s terror-scenario, just as the police have no time to relax or take lightly the threats that are just too many. The cracking of terror module in southern TN followed from such a stake-holder’s individual tip off call. A police officer in TN has for some years now been crusading his “Friends of Police”
concept (a platform for such concerned and involved citizen stake-holders). The FoP has not caught the imagination of police leaderships countrywide.

The reluctance perhaps, because it is another’s brainchild. They would do well though to realise that FoP is none other than formal nomenclature to an age old concept of basic community involved policing that empowers the individual to be part of the overall policing in which he has a stake. Where he can be the eyes and ears of the system and share the ‘Intelligence’ privy to him without suspicion of the others involved.

The blasts reinforce the conviction that the war against crime, social injustice, terror, et al is not a leader’s war but a peoples’ war. That the need to mobilise vast masses of citizens is the only permanent deterrent.



(The writer is a retired IPS officer)

Wednesday, 21 May 2008

Is the IAS fortress showing cracks? - 20 May 2008

Is the IAS feeling the heat? Has the decision of Adapa Kartik – this year’s civil services exam topper for appointment to the IAS – to continue serving in the IPS, shaken the citadel of power?

The en masse uprising of all non-IAS services following the 6th Central Pay Commission (CPC) recommendations are common knowledge. These resulted in exposing the not-so-deft sleight of IAS dirty hands for safeguarding their own turf through chicanery and machinations – indulged in through the decades to perpetuate, consolidate and still better their superior edge over all other services, and continue to lord over while gloatingly twiddling thumbs from their lofty chairs.

Now with their back to the wall, the IAS has at last woken up to the need to go on the offensive – to salvage their diminishing stock? The chosen target for initial attack, it appears, is a brilliant young buck from the IPS, whose lucid pen has been attracting attention for putting heat under IAS seats.

The route for the strike, through Union Ministry’s Department of Personnel & Training (DOPT); which has sent Abhinav Kumar, an SP from the Jharkand cadre, a show cause notice for his articles in the media, analysing the game behind the recommendations of the CPC. The IPS lad is being targeted for exposing the embarrassingly unsavoury chinks in the IAS armour and for presenting readers realistic facts and figures that hurt IAS interests; secrets which now stand exposed, no longer safely hidden within well guarded IAS controlled vaults inside labyrinthine mazes under their ministries!

Among other things, Abhinav educated the nation how in 1981 out of 60 secretary level positions at the centre as many as 25 were occupied by non-IAS; which number has remained same for non-IAS even 27 years after, when secretary level positions have now risen from 60 to 250 – the nigh 200 additions all having been created for and occupied by the IAS. So much for the government’s adumbrated policy of downsizing its bureaucratic belly! Abhinav also made bold to postulate his theory for the root cause of unrest, violence, and growing naxalism in the country as the inefficient management of land revenue and land records – both closely protected turfs of the IAS.

Media has been ablaze with articles from others too – condemning the only justification peddled by CPC for granting IAS an ‘edge’ based on philosophy of tradition, something completely misplaced in today’s world. Discrimination favouring the pay suggested for Secretary level officers (80,000) – at which almost 100% IAS officers retire notwithstanding the much-touted pyramidal structure declared for public consumption, vis a vis Additional Secretary (67,000) – the best level reached if at all by a mere sprinkling few in other services – has been termed most outrageous. Every IAS officer retires with the maximum pension, while it is hard to find even one percent of the total cadre strength in the IPS retiring as Secretary or equivalent.

The Sixth CPC recommendations have been exposed unequivocally as “a well-contrived move by the IAS to hold on to its tottering suzerainty on the specious ground of historical logic - now rightfully challenged by all sections of Indian society and other services”.

Against this background, an exception seems to have been made to single out Abhinav – in whose case Centre has directly intervened, probably out of desperation; for normally such a course of action is initiated by the State as the cadre controlling authority. It is rare for the DOPT to be involved, and would invariably need prior approval of the Minister concerned.

The outcome of this show cause notice, only time will tell. But what’s clear is that this mindless vindictive act on their part has united the IPS community across the country like never before – something the IAS perhaps did not anticipate or expect. The move is being viewed as a fresh attack on the much aggrieved IPS as a whole. The feeling within the country’s IPS fraternity – be among the serving or past, is to take the IAS head on and not let them think Abhinav is alone. IPS will “no longer suffer in silence” nor permit individual officers to “face IAS music on their own” – is the war cry.

Does this open war between services augur well for the nation and its governance? Are the warning signs deliberately being ignored? Or is Prime Minister Manmohan Singh too fickle to stand firm by his promise for giving this nation a top class police force capable of tackling its ills of terrorism and naxalism?

How long more will a dissatisfied, much-aggrieved and disgruntled, selfishly controlled by an inefficient power-crazy bureaucracy be able to deliver goods?

How long more is the nation to permit the hegemony of a created elite class to rule over other services – to the detriment of national interests?

Wednesday, 16 April 2008

Even Older….! Treasures in our backyard - 16 Apr 2008

On April 10 this year, Big Ben – probably the best-known bell in the world – which is inside the famous clock tower in London, celebrated the 150th anniversary of its existence. Cast in the Whitechapel Bell Foundry which is said to be one of only two such foundries left in the UK today, the huge 14.5 ton bell inside the world's largest four-faced chiming clock, even now provides right time and those distinctive chimes known to Britons as the ‘bongs’.

For tourists flocking to London, among the famous sights at which to aim their cameras – like Buckingham Palace, the Tower of London, Nelson's Column and the London Eye, is also The Big Ben – which in a recent poll was voted Britons' favourite landmark. Despite its popularity, funnily it is not uncommon for tourists and even taxi drivers to mistake the elegant Victorian edifice of the Palace of Westminster Clock Tower with the Big Ben.

The Whitechapel Bell Foundry which made Big Ben, along with America's Liberty Bell, is just one among a number of others who cast bells for cathedrals and churches around the world in the days of yore. One such beneficiary Church in India sporting an ancient clock tower is in Mahé on our west coast, which I had occasion to stumble upon during my tenure as the chief of Pondicherry Police. Mahé, midst surrounding Kerala, is one of the four constituent erstwhile French-ruled land territories now in the Union Territory of Pondicherry.

According to a brief history of the Mahé church dedicated to St Teresa of Avila – prepared by Fr. Menezes – a former vicar, one Abbé Duchenin reconstructed the then existing thatched roof church in 1788 with laterite stone and Mangalore tiles, in its present model. The Church tower was then renovated in 1855 and a clock was installed on this tower presented to the Church by some French Marines. To this day – at least till the time I saw it in the late 90s, it has given correct time to the whole town of Mahé. According to Mahé’s historian novelist Gangadharan, the clock was from Borel, Paris – one of the very early clock manufacturers, set up by Jules Borel and Paul Courvoisier way back in the 1850s – and installed in Mahé church in 1855, three years before the BIG BEN in London was erected above the British Parliament in 1858. Even though the Mahé clock is not as big as the BIG BEN, the fact that it is three years older (if Gangadharan’s version is to be given credence) and still giving good time, is significant.

It makes me wonder why we Indians care so little to know about our heritage and such wonderful treasures lying in our very own backyard, whilst Britons celebrate their ‘bonging’ counterparts!


© Maxwell Pereira: April 16, 2008. Tel: +91-124-4111026; +91-124-2360568; email: mfjpkamath@gmail.com; web: www.maxwellpereira.com

Monday, 7 April 2008

Cavorting around California - 07 Apr 2008

For all it's hype California gave me a rather clammy welcome in early January this year. Its much-trumpeted glorious weather, instead, played truant through my four weeks' stay there with daughter Sonal. It was racy winds and rain coupled with a temperature drop, the kind locals were not used to. ‘Twas California's worst storm ever in ten years, they said! But who cared! I had the warmth of my daughter's love and the comfort of her delightful place at Domicilio, Santa Clara.

The incessant rain and unpredictable weather often forced me indoors – hampered my morning constitutional outings, and put up hurdles in my adventures to satisfy the insatiable thirst within to experience new places, people and cuisines. But the whistling winds outside seemed to have their own say – telling me there's more to California than what's commonly talked about. The beautiful view outside the apartment, overlooking the palm trees and swimming pool in the centre court below, with the distant hills in the background held promise. Considering the worst snow storms rest of America and Canada were experiencing, I was still better off.

The scenic splendour of California unfolded in bits and pieces, each time the weather held out – for me to explore the neighbourhood on foot, or for Sonal to bundle me into her car and whisk me off to see the towns that make up Silicon Valley. Initially it was the famous academia – the over two centuries old Santa Clara Mission with its University next door, and the famous Stanford University in Palo Alto, just around the corner. The impressive drive that led up to the main campus – the majestic palms towering everywhere were just amazing, especially when one realized palms were not really native to California.

While my first weekend there was a washout, the weather gods were kind over the next – to let us experience Alamo Hills, Napa Valley and Lake Tahoe on the Nevada border with its Casinos. It started with a night at Aroon and Usha's at Oakshire Place on Alamo Heights – delightfully luxurious and relaxing; with the view from the ridge during my walk in the crisp morning air, refreshingly soothing and invigorating. But Napa Valley was a disappointment. Being winter, the vineyards were all dried up, barren and devoid of leaves. For miles around not a sprout nor shred of green atop the brown stub-trunks that in season had sported lush green and grapes. But wine tasting - the bread and butter of the area still held strong! We experienced Beringer's – only to come off with a sick feeling of being cheated and deprived of an expected treat – as if wineries here have done you one helluva favour by letting you stray into their hallowed precincts! Unlike in France, wine-tasting in America's Napa is a total hoax, making you end up paying anywhere between 25 to 45 dollars for four thimbleful sips of wine while being bored with commentaries on their own founding history and assumed greatness.

Visiting Lake Tahoe in the company of David and Rebecca Pinto, was stunning; the smooth climb from rainy sea levels of Davis (Sacramento) where they live, to altitudes over seven thousand feet to access Tahoe, not discernibly felt or realized. And Tahoe itself tucked away so majestically amidst a tranquil setting of tall pines atop the pristine High Sierra Mountains – when sighted, just breath-takingly awesome. No less gripping, the sheer expanse of its unfrozen waters – even more, the dark metal green emerald waters of Emerald Bay not all tourists take the trouble to go to. The logwood cabins almost buried under snow and settlements along the route around Tahoe were very picturesque; the ski-runs/resorts on the snowy white mountain slopes around were ever so enticingly exciting; and our own dwarfed presence, mere insignificant dots marring the spotless grandeur of white for miles around. A memorable experience indeed!

Over the third weekend came my real treat – two days of San FranciscoCalifornia's show piece. Sonal chose the 49 Mile Scenic Drive what Joseph M. Lubow and Laurel Rosen called "the best tool for exploring the whole city" – in their book "San Francisco's 49 Mile Scenic Drive: The Guidebook" – a paperback of 2001. Signs for the Drive – a seagull looking over one white shoulder into a blue sky, dot throughout the route around San Francisco.

Like most who have attempted, we never got down to completing the whole ‘drive’ in one sitting. The Drive was created in 1938, to highlight the city's beauty and entertain tourists attending the Golden Gate International Exposition of 1939-40, a fair that opened the following year on Treasure Island. The route then began at City Hall, curved along the northern shoreline of the bay and down the Pacific coastline, swooped around Lake Merced, dipped into Golden Gate Park, climbed to the top of Twin Peaks, cruised down Market Street, crossed the Bay Bridge, and finally ended on Treasure Island. It now begins and ends at City Hall, modified many times since its first meandering course was traced on a map.

We were able to cover majority of the listed sights; among the vintage and modern landmarks of which are – the Old St. Mary's Church, Pacific Bell Park, Palace of Fine Arts, Ferry Building and Mission Dolores where a row of stately palms greet you as you skim along. Along the way experiencing the narrow streets of Chinatown, where we funnily ate at the trendy E&O Trading Company while earnestly salivating for more traditional & down-to-earth Chinese dim-sum. We ignored not Little Italy too, the section with Italiano restaurante "Roma Italian" where we had coffees and tiramisu. After a short drive thereafter, we were greeted by giant female legs in seductive hose stockings, sticking out of a window on the street, also dotted with yoga centres! This was San Francisco's Haight & Ashbury district, which 40-odd years ago weeded out the 'straights' to welcome in the weed, LSD, hashish and riff-raff by holding the first Hippie Parade. The wonders of all three neighbourhoods are best discovered on foot. But ascending Twin Peaks known for its stunning city panorama though, we found our way blocked – for similar reason having to abandon our attempt to reach the Coit Tower with its murals too, and the towering Transamerica Pyramid that's seen from every nook and corner.

With the seagull signs missing at many intersections and without a map, the Drive is difficult to follow – as also without someone sitting in the passenger seat as I was doing for Sonal, looking back and forth between the map and the cityscape, and calling out directions despite having a GPS at hand!

Driving here can be a daunting exercise for a newcomer to the city, especially with its incredible gradients and curious distractions including a variety of architectural styles – the 'dollhouse' Victorians, the stately Queen Annes, the ornate Edwardians. There were places blocked by "one-way" or "no-turning" signs making it hard to turn around, backtrack, retrace or to get back on track. There are other stretches distinctly non-scenic – filled with fast-moving cars furiously changing lanes; as also bustling complexes clogged with cars, taxis, buses, even jaywalkers and foot-slogging nature walkers.

We drove up Nob Hill following one of the city's hallmark overcrowded antique cable cars – right on its tracks (perhaps against regulations, but we did it anyway) along steep inclines between terraced flat stretches where crossroads met, and I got pictures of the vintage coach that reminded me of railroads from the wild west era; and of people hanging out – a common sight back home in the starved-for-transport city of our New Delhi. We got into a tizzy then with even steeper gradients, on the downward stretches of which no road could at all be seen beyond the car's bonnet. Instead of holding the steering wheel with both her hands, Sonal preferred driving downhill with one hand gripping the steering wheel and the other gripping her dad's arm, whilst screaming all the way till we reached comparatively manageable level stretches. Talk about a free rollercoaster ride! With enough wind of courage under her wings, she then dared the drive down Lombard – the Crooked Street, to find it child's play compared to stretches of inclines earlier conquered.

At every road crossing in the higher stretches we had a full view reaching right up to the harbour with ships berthed alongside and deep into the bay. Where to, the Drive eventually took us – on to Jefferson Street that's despised by the local residents, but popularly known to tourists as the Fisherman's Wharf. On the embarcadero here is supposed to be mounted the statue of Mahatma Gandhi, so insultingly as to have invited protests for reasons of being difficult to locate even by those specifically looking for it. Driving past Pier 39 later in the dark, we heard the lazy sea otters cry out before they caught some shut-eye.

The finale for our first day in this glorious city definitely had to be the Golden Gate Bridge. Wanting to catch the sunset, we drove over and across it to access the vista points. We lost track of time even as we feasted on the sights from across, of the one-time-high-security-prison Alcatraz (that once incarcerated the notorious mafia don Al Capone too) and of the San Francisco skyline at dusk. We drove up the mountain side through the quaint artists' haunt Sausalito, to higher vista points hugging the mountain beside and beyond the other end of GG – where we walked right up to and above the vertical end-pillars of the bridge making my vertigo-touching acrophobia (fear of heights) act up a bit. But since this place was known to give the best view at sunset, we had to make it. It was worth the hour spent here savouring sights and taking pictures while bracing the winds at twilight against the constantly changing hues of a crimson sky. The mighty GG stood dwarfed before our eyes with the red and yellow lights from moving cars on it, appear as though they were mighty ant-trails from our vantage height. Our hearts raced with the sheer grandeur of it!

We started day two leisurely, in time for brunch at the Squat & Gobble where Castro meets Market, with friend Vikram Anand's daughter Missy Aparajita. Castro houses the town's Gay quarter, where for the first time I experienced people-watching from a street cafe, where everyone seemed to be overly groomed, young men walking in pairs, with their cute canine pets at their heels – reminding me of society ladies in high heels with foot-long cigarette holders in mouth, cuddling their manicured curly poodles. As Sonal wrote in her 'foodie' blog later, this place is her "favourite for the consistently delicious food and the fun ambience; for the friendly and extremely efficient service from the gorgeous guys behind the bar, and the warm and welcoming Management that goes above and beyond to make one's visit enjoyable, every time!"

Back to China town again, Sonal insisted we enter a reflexology joint where I refused to give a tip for the utter sham job they did on my feet – despite the Chinese lady's repeated exhortations to my daughter telling her how handsome she found her dad to be! Escaping that place, we ended up losing our way curving around the storied Presidio – earlier an Army base, now a national park with a quirky pet cemetery too – ending up at the Greek/Romanesque Exploratorium at the Palace of Fine Arts. Try as we may, we could not find a way to enter it without driving illegally across the road! The Drive here swept down the Great Highway, skirting the vast sandy expanse and crashing waves of Ocean Beach, to circle the lovely Stow Lake in Golden Gate Park which consumed a considerable part of our second day. I later got to know that the California State Automobile Association's new version of its San Francisco Guide Map which features a thick, bright red line showing the 49 Mile Scenic Drive is a good aid here, as it includes a much-needed inset of the path the scenic drive follows as it winds through GG Park – which apparently can befuddle even residents. But the sheer foresty grandeur of the Park made it a delight for us to lose ourselves in it, while on our way to and past the Dutch Windmill to reach the high-windy stretches of the Cliff House over looking vast stretches of the beach alongside the Pacific Ocean. Portions of rocky stretches here lent a great backdrop for glorious pictures. I bought Sonal some costume jewellery ear-rings too, from street gypsy vendors selling wares from portable makeshift display units. We ended day two by treating ourselves to hot mugs of cocoa at famous Ghirardelli Square along with Cara's handmade cupcakes – that left a delightfully sweet taste in our mouths to go with all the other delights of our two days in San Francisco.

April 07, 2008: Copyright © Maxwell Pereira, 3725 Sector-23,Gurgaon-122017:

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Wednesday, 2 April 2008

080402: On IBNLive -The Other Side of Policing: Politics, mind games!

The other side of policing: Politics, mind games
Aasim Khan / CNN-IBN
Published on Wed, Apr 02, 2008 at 14:59, Updated on Wed, Apr 02, 2008 at 18:16 in Nation section
Tags: On The Beat, Police , New Delhi
New Delhi: On a fateful November morning in 1984 – a day after Indira Gandhi’s assassination – a mob gathered outside Sis Ganj Gurudwara. One lone officer stood in the line of duty and ordered the policemen to fire.
“When mob was advancing, I gave them a warning, but when they did not heed, I ordered fire,” recalls former Delhi police commissioner Maxwell Pereira.
Many lives were saved but it did little for the career of Maxwell Pereira. After a silence of 23 years, Pereira has now spilled the beans in his book, The Other Side of Policing.
“What was shocking was I gave a message saying I have opened fire but control room would not acknowledge. They were silent,” he says.
What Pereira did was a brave act in 1984 but there were few others who could resist the political pressure.
No wonder 1984 was not the last time when the hand of law failed to help the victims.
It’s been 18 months since the Supreme Court moved to give functional autonomy to the police (Prakash Singh Vs Govt of India Case) but so far only 10 states have accepted the directives.
Most of them small states, but most big states, notorious for police-politician nexus, have simply ignored them.
Prakash Singh, a former Chief of the Border Security Force, says politicians are not keen on implementing the judgement because it takes away their powers to transfer any cop anywhere , anytime.
“It’s a very strong instrument to show I can influence your future and career,” he says.
For most in police the fear of transfer and punishment posting still weighs too heavy.

Sunday, 24 December 2006

A Bold Judiciary Augurs Well for the Nation - 24 Dec 2006

Opinion
A Bold Judiciary
Augurs Well for the Nation
by Maxwell Pereira

Does one sense a kind of boldness in the ranks of the judiciary lately, a boldness that was sadly missing when occasions demanded it earlier?

We do owe our courts a lot. But for the boldness - be it over the eco-friendly compressed natural gas (CNG) which got us better breathing air or the sealing spree where the government was brought to its knees hopefully to usher in some rule of law in matters of urban discipline - things would continue to be in the rut. It does appear that the entire governance per se is dependent today and is leaning heavily on the guts of the judiciary.

In matters of criminal cognizance though, one perceived, till lately, our courts to be timid. Didn't we suffer the ignominy of watching someone accused of murder and known to be a criminal take oath as a member of the nation's parliament?

Rajesh Ranjan alias Pappu Yadav, who wielded influence and flaunted muscle power from within the jail where he was incarcerated, had earlier warranted the Supreme Court to transfer him to Delhi's Tihar jail so that distance and better supervision could control and negate his propensity to rig an impending election, even from within Patna's Beur jail.

It was disgusting and disgraceful to note then that the very same apex court found its hands tied, to mechanically endorse and permit this individual his right to go to parliament and take oath as member, five months after being eligible to do so, because he had been duly elected by the voters of Madhepura - his constituency in Bihar.

I suppose this didn't involve guts, just a helpless interpretation of the nation's laws. But some consolation was the court's recent stand denying him bail and a firm directive not to file such requests any further.

As I see it, the discernible trend started perhaps in Maharashtra with the conviction of a minister and bureaucrats involved in a matter of non-compliance of court orders that led to resignations and jailing - something unthinkable before this really happened.

The latest is the conviction in the Shashinath Jha murder case of Shibu Soren, a minister in the cabinet of Prime Minister Manmohan Singh. Closely following this is the conviction of the flamboyant BJP MP Navjyot Singh Sidhu, more popular today as a TV star.

Things were decidedly different not too long ago. I remember a strange scene some of us were witness to at a conference on the criminal justice system organized by the Indian Law Society here in New Delhi in the mid-90s. A spirited young police officer from Punjab then working in CBI had made bold to express how most of the judiciary in Punjab had capitulated and abdicated their judicial functions when Sikh terrorism ran riot.

The magistracy at whatever levels could find their voice again, the officer postulated, only to castigate police officers who had actually controlled terrorism once it was subdued by sheer dint and courage of the then police management in the state.

The officer was forced to withdraw his statement when faced with the intimidating tenor of the dignitary chairing the session - a former chief justice of the Punjab and Haryana High Court. This gentleman took umbrage at the officer's direct accusation and challenged him with a "if you withdraw your statement, I will chose to ignore that you ever made it" kind of a threat.

But there were other instances too, not necessarily terrorism related, when judiciary was found lacking - viewed as too timid to take on the powerful, more particularly politicians in power.

The might of the legal fraternity is another that has always challenged and defied judicial boldness. Early in my service career I remember a murder accused lawyer who secured bail within 24 hours of arrest thanks to his cronies barging into the magistrate's courtroom determined to get him to sign on the dotted line.

There are instances when judiciary has exhibited reluctance to take on the lawyers including when members of the bar on strike ransacked the courtrooms in Delhi High Court and abused the justices. The police had to be called in to save the day - strangely without Delhi Police being asked to take cognizance of the matter.

And there is the case not too long ago of the then Uttar Pradesh chief minister Kalyan Singh, when even the apex court after holding him guilty ended up merely sentencing him "till the rising of the court".

Yes. Things are changing today -- for the better. It is indeed heartening that the errant criminal politician is being brought to book, even if it is a case of delayed justice. Is it public sentiment that is providing fillip to judicial boldness? Perhaps!

(Maxwell Periera is a former joint commissioner of Delhi Police. He can be reached at mfjpkamath@gmail.com)

December 24, 2006

Tuesday, 19 December 2006

061219: TheIndependentUK-Politician'sSonGuilty

Politician's son is finally found guilty of killing waitress who ...

A former Delhi police officer, Maxwell Pereira, said the order showed the road to justice for many others. "The voice of lesser people has been heard, ...
www.independent.co.uk/news/.../politicians-son-is-finally-found-guilty-of-killing-waitress-who-refused-him-drink-429180.ht... - 66k - Cached

Politician's son is finally found guilty of killing waitress who refused him drink
By Jerome Taylor
Tuesday, 19 December 2006
In a sensational climax to one of India's most notorious murder cases, the High Court in Delhi has found the son of a Indian politician guilty of shooting dead a waitress in a high society bar after she refused to serve him a drink after closing time.
Manu Sharma, whose father is a wealthy member of the government's ruling Congress coalition, was found guilty in Delhi High Court after more than seven years of judicial wrangling in a case that many felt showed how India's legal system was weighted in favour of the rich.
Jessica Lall, 34, a part-time model, was tending the bar at an exclusive party in Delhi. She was shotin front of host of socialites, bureaucrats and even police officials in 1999 because she would not serve Sharma. According to the prosecution, Sharma took out a pistol and said "I will do it my way," before shooting once in the air and then firing a single bullet at Ms Lall.
But the prosecution's case fell apart during the first trial when a key witness, the budding actor Shayan Munshi, retracted a statement linking Sharma to the shooting.
That prompted text message and e-mail campaigns for the case to be reopened, with one television news station delivering a petition to the president signed by more than 200,000 people. The city's police chief ordered an inquiry in March into claims of collusion between his officers and the accused.
A week later, senior policemen appealed against the acquittal at Delhi's High Court. A former Delhi police officer, Maxwell Pereira, said the order showed the road to justice for many others. "The voice of lesser people has been heard, above all the political influences, all the nexus of various players," he said.
Sharma is the son of Venod Sharma, a former federal minister from the northern state of Haryana. The decision came as India's courts seemed to be flexing muscles with a series of verdicts against high-profile defendants in recent weeks.
Earlier this month, the coal minister, Shibu Soren, was sentenced to life imprisonment for murdering a former aide. The opposition politician and former international cricketer Navjot Singh Sidhu was sentenced to three years in jail for a road-rage killing which happened 18 years ago.
And in another retrial accelerated because of public pressure, the lawyer son of a former police officer was sentenced to death in October for the 1996 rape and murder of Priyadarshini Mattoo, a law student, seven years after he was acquitted.
Jessica's sister, Sabrina, who led the campaign to charge Sharma, said: "We are missing our family at the moment ¬ mom, dad and Jessica included, and knowing that wherever they are, they are finally at peace. " Jessica's mother died soon after Sharma was given bail at the start of the trial and her father died this year.
The sentence will be announced tomorrow.