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1

A historic event has taken place in the Supreme Court of India. There will be no independent probe into Judge Brijgopal Harkishan Loya’s death. This is one of the first judgments to come at a time when the Indian Judiciary stands embattled in a manner not seen since Independence. Those quick to point out the Emergency, may do well to reflect, that while Emergency kept our democracy locked and at bay to pander to an autocratic leader, now and here, as we live and speak, work or laze, fight or make love, a dark cloud looms by which democracy and the rule of law are being artfully and systematically subverted. In hindsight, Emergency appears as a blip and our judiciary came out the stronger of it. It rose to the occasion and reclaimed its independence as well as integrity.

This spirit, which the Indian Judiciary showed at what was then the nadir of the Indian democratic experiment in the mid-seventies, is almost dead. This period is historic, not least for the other significant judgments that are being awaited, or for the unprecedented press meeting called by the Supreme Court’s senior-most judges, but for the very foundations that made our country possible in the first place. We are being uprooted like an old banyan tree might be, but we are by and large comatose, and don’t even feel the tremors. Such is the adversity of our collective situation.

Judge Loya died in 2014 but for some time he stood resurrected. Caravan’s reporter Niranjan Takle is an ordinary person, much like you and me, but what he did was extraordinary. For a moment it seemed that God spoke through him, that God could well be a regular reporter, who must resurrect the dead, especially when it seemed that they had not been properly buried.

Amongst its several rebuttals to the petitioners’ arguments, the bench constituted by the Chief Justice of India to decide the matter, is very keen on reprimanding the petitioners for their lack of bonafides and contempt of court. The bench then negates the evidence relied on by the petitioners. But this was not a criminal trial. The writ petitions only sought an independent probe into a critical case that was in fact mocking the very institution of our judiciary.

Judge Loya was a CBI judge entrusted with overseeing the Soharabbudin Sheikh fake encounter case in which the BJP President Amit Shah was an accused. Any reasonable person going by the murky and sordid history of the case, and what followed thereafter, and as it stands to tragically unfold even now, would assume that there is a rat, and it is stinking as hell. Post the furor over the Caravan article the Supreme Court should have in fact taken suo motu cognisance of the case.

One of the time honoured maxims of the law is that justice should not only be done, but must be seen to be done.

The Supreme Court’s rebuttals have already been politically hijacked and can be dissected as well as Mr. Jaitley has sought to do, but it would be more of Machiavellian legalese. Given the divisive and political overtones the case has assumed, with help in no little measure from social media, the polarisation is complete and evident, just as it is for anything now these days. More than polarisation there is fear. Read FEAR.

None of Judge Loya’s family came ahead when they should have, even if it were to simply negate Caravan’s report in open court. The bench too declined to call the family or the judges who said they were with Judge Loya at the time of his death. These being just a couple of inexplicable positions taken by the bench. There was more than enough prima facie material, which the petitioners had brought on record in support of their plea. To reiterate - an independent inquiry is all that they sought. Nobody was going to be hanged for that. One does not need to be a legal scholar or a hotshot lawyer to understand this, or for that matter, the absolute retreat and silence of Judge Loya’s family in the days when the petitions and interventions were being heard.

The bench has also upbraided the petitioners for undermining the judiciary by casting aspersions on those in the bench and on the other judges whose names came up as part of the hearing. Yet the petitions well within the domain of public knowledge fundamentally argued that if the plea for an independent probe is not granted, it would result in an erosion of faith in the judiciary and within it as well, and does not bode well for the lower judiciary.

The tables stand turned and how. The irony is incredible.

In another situation this might seem like a neat sleight of hand, altogether familiar when it comes to political expediency, but now it is simply scary. The Bar and Bench stand divided like never before and the line of division is glaring and aching. Certainly the atmosphere in the Supreme Court has turned noxious. All along, in spite of all the pressures, our judiciary has always shown that it will be the ultimate leveller and a custodian of our rights and dignity. That modicum of faith is fast disappearing.

Judge Loya, who might have been afforded the chance to speak to us through his grave, has been silenced yet again. The questions however will not cease. I often look at his file photos in the news and I always think of him first as a judge and later in any of his filial capacities. Was it not enough that he had sworn to serve the judiciary and through the institution, us, the people of India? His life was exemplary in that regard, and his conduct impeccable, especially when he was assigned to adjudicate the notorious Sohrabbudin case. Do we understand that in failing an upright judge, we have also failed the very institution that is key to our democracy and our constitutional values? It is perhaps the latter that bothers me more and I have a feeling that Judge Loya would have concurred.

There are hundreds of Judge Loyas in our country who have taken the fall in the line of duty when they became a nuisance to the ruling establishment of their time. Judge Loya is certainly not an exception, but his case is. Our judiciary, and we the people of India, were offered a rare opportunity to redeem ourselves had an independent probe been permitted.

We have let that moment pass to our peril.

We stand witness to a new phase of history that has been surely and steadily taking its course, not dissimilar to other previous twisted regimes in the world. In this withering landscape we are adrift and pensive, and for now, our heads must hang in shame.

9

There was a interactive panel discussion in Mumbai WTC on the 29th of January 2015 organized by World Trade Centre (WTC) and All India Association of Industries (AIAI) in collaboration with the Indo-France Chamber of Commerce and Industries (IFCCI). It was to discuss ‘Smart Cities in India: Reality in the Making’.

Dignitaries on the stage included Mr. Sanjay Sethi (IAS) (Additional Metropolitan Commissioner-I, MMRDA), Ms. Laura Prasad (Secretary General, IFCCI), Dr. Laveesh Bhandari (Founder and Chief Economist, Indicus Analytics Pvt. Ltd.), Mr. Vijay Kalantri (President, AIAI and Vice Chairman, MVIRDC WTC), Mr. Shankar Aggarwal (IAS, Secretary, Ministry of Urban Development Government of India), Mr. Dilip Shekdar (Chief Architect, Naya Raipur Development Authority), Mr. Ravi Kant Malhan (Director, Head Business Development:  Smart Cities and Special Projects, Schneider Electric India), Capt. Somesh Batra (Vice Chairman, MVIRDC WTC) and  Mr. Abhishek Lodha (Managing Director, Lodha Group).

A journalist, Shruti Ravindran who had attended it, tweeted a photo of a shocking quote from a brochure 'Smart Cities in India: Reality in the Making' released during this event.

Smart cities that exclude the poor
Smart cities that exclude the poor

 

The quote in the above photo says:

...There are only two ways to keep people out of any space - prices and policing. In other words, the prices will automatically be higher in such cities - the notion that they will be low cost is flawed. Even if possible from a cost provision perspective, they cannot be low cost from a demand supply perspective.

Even with high prices, the conventional laws in India will not enable us to exclude millions of poor Indians from enjoying the privileges of such great infrastructure. Hence the police will need to physically exclude people from such cities, and they will need a different set of laws from those operating in the rest of India for them to be able to do so. Creating special enclaves is the only method of doing so. And therefore GIFT is an SEZ and so will each of these 100 smart cities have to be.

(excerpt from an article by Laveesh Bhandari, Founder and Chief Economist at Indicus Analytics Pvt Ltd)

So let me get this right. The government will be used to empty land to build smart cities in the name of developing the country. It will be called "inclusive development". And the smart cities built on this land will be for the rich - by design. And we are talking of a hundred cities, displacing god knows how many people. The police of the land will be used "on the tax payer's money" (as these hotshots like to call it) to keep the poor out of these cities using laws OTHER THAN INDIAN LAWS.

Am I the only one being reminded of Arundhati Roy's infamous quote that earned her the anger of the oh-so-innocent middle classes? Here it is, if you don't remember. And she said this in 2007.

We have a growing middle class, being reared on a diet of radical consumerism and aggressive greed. Unlike industrializing western countries which had colonies from which to plunder resources and generate slave labour to feed this process, we have to colonize ourselves, our own nether parts. We’ve begun to eat our own limbs. The greed that is being generated (and marketed as a value interchangeable with nationalism) can only be sated by grabbing land, water and resources from the vulnerable. What we’re witnessing is the most successful secessionist struggle ever waged in Independent India. The secession of the middle and upper classes from the rest of the country.

~ Arundhati Roy

This could be considered the impractical fantasy of rich men (albeit very rich men and sponsors of the ruling party behind this government), but the brochure also carries an introductory message from Shankar Aggarwal, IAS, Union Ministry of Urban Development, GOVERNMENT OF INDIA, not to mention him being personally present there and meeting journalists on the sidelines to announce the Framework for 100 smart cities to be ready by February.

Framework for 100 smart cities to be ready by February says Aggarwal - Moneylife
Framework for 100 smart cities to be ready by February says Aggarwal - Moneylife

Here are some relevant excerpts from the brochure including the message from Shankar Aggarwal, the program schedule of the event, including names of speakers, the profile of the author Dr. Laveesh Bhandari, the article itself, and another article on GIFT, which is referenced in this article as a model. Excerpts from Smart Cities in India: Reality in the Making

Given the opaque manner in which this government operates, as well as dramatic undermining of protections of local interests and environment through ordinances, such views should be a cause of alarm for citizens, if the much heralded development is going to actually be displacement on a massive scale, disenfranchisement of local populations and their explicit exclusion from the "growth story" while the rich use the country's power to get land for their shangri-las, use the country's resources "24/7" (can this ever be promised to those who will be displaced to create these "enclaves"?) and use the country's police force to protect what will essentially be elite facilities barred to the common masses through special laws created to protect the elite.

I imagine, the elites will also only be paying for their actual residences and the cost of creating these havens for them will also have to be borne by the country.

Is this development or colonization of India by the rich? The Gujarat model is all set to exploit India as well. All we need are new signboards, "Poor citizens and dogs not allowed"

Twenty relatives of Baloch missing persons started a 750km long march on 27th Quetta Press Club to protest the adamancy of the state policy that refuses to produce the missing persons before the courts for trails for the crimes the state failed to describe them in formal discourse what are their crimes. This long march culminated in Karachi yesterday after travelling 27 days long journey and started a sit-in protest in front of Karachi Press Club; thousands came out to receive this historic march of the missing persons in Karachi.

Mama Qadeer who led the Caravan of the missing person from Quetta to Karachi with blistered feet along with sister Farzana Majeed and BHRO’s Bibi Gul told media, as he established his protest camp in front of Karach Press Club, that he would not hesitate to raise the voice of the Baloch missing persons even if he and his collegues had to travel to Islamabad or knock the door of UN headquarters or seek support from Common Wealth.

Pakistani media turned a blind eye to the 750km long march of the Voice for Baloch Missing Persons. However, Baloch Social Media Activists (BSMA) started a twitter hashtag campaign signed with #VBMLongMarch to galvanize the international media attention towards enforced disappearances at the hands of security agencies. Pakistani media apathy towards Baloch missing persons reinforced the impression that there is a tacit agreement between Pak army and media regarding “abduct, kill and dump policy” of Baloch political activists. More than 18000 Baloch political activists have been abducted by Pakistan agencies across Balochistan. Out of them more than 700 mutilated dead bodies have been found in desolate areas with inhuman torture marks including severed body parts.

Hydar Ali is 10 years old boy. He walked 750 km for the sake of his people who suffer as the result of Pakistani brutalities.
Hydar Ali is 10 years old boy. He walked 750 km for the sake of his people who suffer as the result of Pakistani brutalities.

Current Baloch insurgency is the continuation of the several previous failed insurgencies that date back to the day one when Baloch state was forcefully annexed with Pakistan on 27th behest of British Empire against the will of Baloch people in the name of being a Muslim nation. Indeed, In order to stop the general public from participating in the freedom struggle, Pakistani armed forces started unwarranted arrest of political workers from every walk of life including lawyers, doctors, teachers, journalists and among them the students borne the brunt of this savagery. As of now I’m writing this article, I got the news that a mutilated dead body was found in Herronk of Kech District he was identified as Rehmat Pindok. He was reported abducted yesterday by unknown gunmen in Hoshab
of the same district.

However, Last fall a UN working group paid a limited visited to Balochistan under Pakistani restrictions and was not allowed to meet the family members of the missing persons. Even the victims of devastating earth quake were left at the mercy of Pak army and UN and other international aid agencies were not allowed to inter Balochistan to lend their support to quake victims. Balochistan is totally off- limited to International media as will. Local journalists are working extremely in dangerous condition. Pakistan has developed distorting narrative regarding Baloch and Balochistan crisis. The information about Baloch demand and insurgency fed to international media from Islamabad bottleneck are extremely distorting. An article from Islamabad posted in Miami Herald described Baloch insurgency in second paragraph as “Pakistani authorities battle a separatist insurgency in Baluchistan, heartland of the country's ethnic Baluch minority”; and in the ninth paragraph of the same article read “Baluch nationalists have been waging a low-level insurgency for decades, demanding greater autonomy and a larger share of Baluchistan's natural resources”. Now this contradiction shows that even the international media based in Islamabad are forced to follow the Islamabad’s distorting narrative regarding Balochistan crisis.

young Baloch protester at Long March
He walked to draw the world attention towards the state abduction and extra-judicial killings of Baluch.
Even If the greater share and say are taken at face value, does the Pakistani state have the right to deprive Baloch of their rights? Doesn’t it incriminate the state of thievery? What is the punishment of a thief in Islam? - Cutting off of the hands - Pakistan’s constitute starts with the sentence that says Islam is the supreme law of Pakistan and God is the head of the state. If Baloch struggle cut off Pakistan’s hand and freed Balochistan; it is in accordance with Pakistan’s constitute and Islamic sharia.

Notwithstanding, the crucial question is that should the new generation of Baloch nation continue to struggle for rights as their predecessors did or struggle to restore their lost sovereignty establishing a democratic state of their own where they don’t have to struggle for right?

Writer is a freelancer, human rights and social media activist blogs at archenspeaks.blogspot.com. He tweets at twitter.com/ArchenBalochand