Remove Photos of PM, CM, Politicians in 5 Poll Bound States: EC

January 10, 2017

Delhi, Jan 10 (PTI) The Election Commission has asked the poll machinery in the five poll-bound states to either cover or remove photographs of political leaders on all hoardings and advertisements which seek to project the achievements of any living political functionary or political party.

The commission gave these fresh directions by reiterating its instructions issued on December 12, 2004 after the chief electoral officer of Goa raised the issue after the election schedule was announced on January 4.

The poll watchdog said photos in advertisements or hoardings of similar type should also be removed or "covered suitably" so that spirit of its instructions is fully complied with.

It, however, made it clear that hoardings put up by the government which convey general message to the masses on family planning or social welfare schemes "may be allowed to be displayed".

"However, all those hoardings, advertisements which seek or purport to project the achievements of any living political functionary or political party and which carry their photos or name or party symbol should be removed forthwith…

"…No political party or functionary can use public resources and incur or authorise expenditure from public exchequer to eulogise himself or itself or enhance his/its own or any political leader's image," it said.

The poll panel made it clear that such images or hoardings "undoubtedly amount to their individual/party election campaign at public cost".

Between February 4 and March 8, Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur are going for Assembly polls and the Model Code of Conduct came into force on January 4 when the schedule was announced

इंटरनेट और सोशल मीडिया ने राजनीति में धर्म का दुरुपयोग आसान बनाया ?

January 10, 2017

मौजूदा मोदी सरकार में शामिल लोगों के भड़काने वाले भाषणों का सिलसिला बदस्तूर जारी है। सरकार में शामिल मंत्री और सांसद जिस तरह से भड़काने वाले बयान और भाषण दे रहे हैं, वे हतप्रभ करने वाला है।

जरूरत से ज्यादा उत्साही भारतीय इंटेलिजेंस और अब साइबर सेल से लैस पुलिस नेटवर्क के लिए ऐसे भड़काऊ भाषणों और इन्हें देने वालों पर नजर रखना कठिन नहीं है। साथ ही वे भी आसानी से इस बात का पता कर सकते हैं क्या भड़काऊ या उन्माद फैलाने वाले भाषण और बयान देने वाले नेता आने वाले चुनावों में हिस्सा ले रही पार्टियों से जुड़े हैं?

राजनीति में धर्म के दुरुपयोग पर काफी हंगामा मचता रहा है। एक धर्मनिरपेक्ष राज्य होने के नाते भारत का कानून राजनीति में धर्म के दुरुपयोग की इजाजत नहीं देता। इसका मतलब यह है कि भारतीय दंड संहिता की धारा 153ए, 153बी और भारतीय जनप्रतिनिधित्व कानून की धारा 123ए और 123बी तहत धर्म के नाम पर लोगों का गलत उद्देश्य के लिए आह्वान करने, दो धर्मों या संप्रदाय के लोगों को आपस में भिड़ाने और एक धर्म को दूसरे से श्रेष्ठ बताने या धर्म के नाम पर धमकी देना जुर्म है।

अभी चंद दिनों पहले सुप्रीम कोर्ट ने चुनाव में धर्म और जाति के नाम पर मतदाताओं से अपील के मामले में फैसला दिया। कोर्ट ने कोई गाइडलाइन तो नहीं दी है लेकिन एक मोटा सा सिद्धांत पेश किया, जिसके तहत धर्म, संप्रदाय या जाति के नाम पर अपील पर रोक है। लेकिन लगता है कि भाजपा के लोगों पर इसका कोई फर्क नहीं पड़ता है। हाल में भाजपा के सांसद साक्षी महाराज ने एक खास समुदाय के खिलाफ भड़काऊ और आपत्तिजनक बयान दिए। और इस बारे में उनके खिलाफ चुनाव आयोग में शिकायत भी दर्ज की गई है।

इस बीच, व्हाट्सएप और इंटरनेट पर बजने वाले उन्मादी और भड़काऊ म्यूजिक, गाने और ऐसे विजुअल सामने आ रहे हैं जो न सिर्फ बखेड़ा करने में सक्षम हैं बल्कि वे सीधे तौर पर धमकी और चेतावनी देते लगते हैं। ऐसा ही एक एमपी थ्री ट्यून यहां बानगी के तौर पर पेश है। यह ट्यून बड़ी तेजी से इंटरनेट और मोबाइल पर फैल रही है।
गाने के बोल हैं –

“Suno papiyo tumhare Chatti pe ab Shiv tandav hoga…….ram mandir song (https://mp3tunes.ws/suno-papiyo-tumhari-chati-pe-d645232)

जो राम का नहीं मेरे काम का नहीं
बोलो राम मंदिर कब बनेगा?
पूछे राम भक्तों से अयोध्या
जा रही है आबरू महा-संग्राम चाहिए
आज कलयुग में राम भक्तों को अपना राम चाहिए
अब अयोध्या में राम मंदिर का निर्माण चाहिए
कार सेवकों की बलिदान को कैसे हम भुलायेंगे
पहले गोली खाई है अब फिर लहू बहायेंगे
जागो जागो अब शहीदों का सम्मान चाहिए
राम भक्तों अब शहीदों का सम्मान चाहिए
आज कलयुग में राम भक्तों को अपना राम चाहिए
अब अयोध्या में राम मंदिर का निर्माण चाहिए
सुनो पापियों तुम्हारी छाती पे अब शिव-ताण्डव होगा
गर मंदिर नहीं बना तो सरयू तट पे तुम्हारा शव होगा
राम के नाम पे हो कुर्बान वो हिन्दुस्तान चाहिए
आज कलयुग में राम-भक्तों को अपना राम चाहिए
अब अयोध्या में राम मंदिर का निर्माण चाहिए
आज कलयुग में राम-भक्तों को अपना राम चाहिए
राम मेरे राम, सीता सीता राम
पतित पवन सीताराम, रघुपति राघव राजा राम, राम मेरे राम
महंत बृजमोहन बाबा का भक्तों यही नारा है
अनुपम देवेन्द्र करो या मरो डरो न वक़्त तुम्हारा है
मोदीजी संसद में सच्चा प्रमाण चाहिए
छप्पन इंच सीने वालों का संविधान चाहिए
आज कलयुग में राम-भक्तों को अपना राम चाहिए
अब अयोध्या में राम मंदिर का निर्माण चाहिए

कोरस में गाया एक गीत इस तरह है-

सुनो पापियों तुम्हारी छाती पे अब शिव-ताण्डव होगा
गर मंदिर नहीं बना तो तुम्हारा सरयू तट पे सर होगा
राम के नाम पे हो कुर्बान वो हिन्दुस्तान चाहिए
आज कलयुग में राम-भक्तों को अपना राम चाहिए
अब अयोध्या में राम मंदिर का निर्माण चाहिए
आज कलयुग में राम-भक्तों को अपना राम चाहिए

Edited by : Arya Raghavendra राम मंदिर का निर्माण चाहिए Bolo Ram Mandir Kab Banega Song by Devendra Pathak

यू ट्यूब पर ऐसे ही कई भड़काऊ और नफरत फैलाने वाले साउंड ट्रैक और वीडियो देखे जा सकते हैं। आरएसएस से कथित तौर पर जुड़े संगठनों खास तौर पर विश्व हिंदू परिषद कथित तौर पर इसका इस्तेमाल करती रही है। आने वाले चुनावों को ध्यान में रख कर तरह के गाने, भाषण औऱ भड़काऊ वीडियो अपलोड किए जाते रहे हैं। हालांकि अब इऩमें से कई फेसबुक पर ब्लॉक किए जा चुके हैं।

मौजूदा मोदी सरकार में शामिल लोगों के भड़काने वाले भाषणों का सिलसिला बदस्तूर जारी है। सरकार में शामिल मंत्री और सांसद जिस तरह से भड़काने वाले बयान और भाषण दे रहे हैं, वह हतप्रभ करने वाला है। जरूरत से ज्यादा उत्साही भारतीय इंटेलिजेंस और अब साइबर सेल से लैस पुलिस नेटवर्क के लिए ऐसे भड़काऊ भाषणों और इन्हें देने वालों पर नजर रखना कठिन नहीं है।

यूट्यूब पर योगी आदित्यनाथ के समर्थकों का यह वीडियो मौजूद है। इसे 3,00,000 लाइक मिले हैं।

सवाल यह कि क्या ऐसे भड़काऊ बयानों,वीडियो या भाषणों को रोकना सरकारी इंटेलिजेंस या पुलिस नेटवर्क की प्राथमिकता है। खास कर उस माहौल में जब मोदी सरकार में बहुसंख्यकों का दखल का बढ़ता जा रहा है।

Illegal buildings fall like house of cards in Vasai-Virar demolition drive

January 10, 2017

Times of India reports that residential buildings and chawls sold out to gullible buyers in the Vasai-Virar region are falling like a house of cards with at least two illegal structure being razed down daily.

Image: Times of India

The Vasai-Virar Municipal Corporation (VVMC) has begun the tearing down of the buildings in Pelhar, Valiv, Nalasopara and Virar using excavators, indicating the quality of the structures.

So far, around 4,500 vertical and horizontal structures have been brought down. "We are aiming at pulling down atleast two to three vertical structure a day," said VVMC Commissioner Satish Lokhande. The structures are three to four storeys constructed on government land by forging documents. Most of the flats have been sold out.

"Unauthorised chawls constructed over the weekends and sold for Rs 2-3 lakhs are also being demolished," said Lokhande, adding that a number of illegal structures have existed for over a decade.

A special cell has been created to keep a record of illegal structures. Most of the illegal buildings are in Nalasopara. Civic officers said that in many cases buildings have been sold and builders have vanished. Illegal buildings occupied by people and those come up in violation of Floor Space Index (FSI) are also being pulled down.

Around 70 personnel from the Maharashtra Security Force (MSF) have been deployed at demolition sites. In addition, a team of 100 civic officers and employers travel together to the demolition site. Over 350 police cases under the Monopolies and Restrictive Trade Practices (MRTP) Act has been registered and a number of property developers are cooling their heels in jail, said Lokhande. Atleast 300 illegal buildings have obtained court stay.

The civic administration has launched an awareness drive to educate prospective flat buyers. The VVMC has begun displaying a list of approved constructions on its website (www.vvcmc.in). Prospective buyers have been advised to visit civic offices and verify the building plan before investing in flats.

Greenpeace Activist to Face Defamation Trial: SC

January 10, 2017

PTI reports that Greenpeace activist Priya Pillai will now have to face criminal defamation case filed by a company

Greenpeace activist Priya Pillai will now have to face criminal defamation case filed by a company, with the Supreme Court today disposing of her plea seeking clarification whether a private firm can file a criminal defamation case citing a recent judgement. During earlier hearings on September 5 last year, the Supreme Court had demanded explanations from the Centre saying “it is an important issue. We can’t just let it go. The issue needs to be examined.”

Pillai, against whom Mahan Coal Ltd has filed a criminal defamation case for allegedly carrying out negative publicity and protests over purported irregularities in mining activities, has said that the company can have a civil remedy but not a criminal recourse. A bench of Justices Adarsh Kumar Goel and U U Lalit said nothing remained in the matter as the judgement has already been delivered in the case.

“Nothing remains in the matter. We are disposing of the matter in the wake of the judgement already being delivered on the issue. You have the liberty to persue the remedies as per law,” the bench said.
The court also granted liberty to BJP leader Subramanian Swamy, who sought intervention in Pillai’s plea to file a fresh petition.

Pillai, in her petition, had said “a corporate entity cannot be imprisoned for criminal defamation and can only be fined. As such in the interest of Article 14 and equality before the law, it should be able to seek damages, not imprisonment”.

She had said she was “the victim of an abuse of justice and process, by which the respondent through Mahan Coal has used the criminal defamation provision in a strategy against public participation, association, discussion and advocacy.”

The activist in her plea said that lodging of a criminal defamation case was not limited to this instance alone, but was “part of a pattern of strategic lawsuits against public participation whereby the corporations are using criminal defamation provisions to persecute and limit the discussions and advocacy, and association around issues concerning issues of public interest and participation.”

The plea said “With the intent of crippling the ability of petitioner, of forests community residents and of members and supporters of Greenpeace India Society, to exercise their constitutionally protected rights to freedom of association and freedom of expression, the respondent has embarked on a strategy designed to hijack the Indian justice system for its on private ends, using the criminal defamation provisions to file the instant case not only against the petitioner but also against the international executive director of Greenpeace International.”

Pillai’s petition said that corporations “do not have the same right or interest to be protected as individual citizen from defamation. “Thus individuals such as directors, being allowed to file for alleged defamations as ‘some persons aggrieved’ in section 199 CrPC for the harm of reputation to a company because he can legitimately feel the ‘pinch of it’, is an unconstitutional restriction on the Freedom of Speech and Association with no compelling reasons pursuant to Article 19(2) of the Constitution.”

CRPF Rejects RTI Scrutiny, Says Pellet guns as anti-riot weapon in J&K not HR Violation

January 10, 2017

The Central Reserve Police Force (CRPF) has rejected a right to information (RTI) application filed by senior RTI activist Venkatesh Nayak to part with any information on the use of pellet guns while dealing with protesters in Jammu and Kashmir (J&K) since July 2016, saying it “is not related to human rights violation.”

Pellet Injuries kashmir
Image: Getty Images

The refusal follows Khadki Ordnance Factory (OFK) under the Union defence ministry rejecting a similar plea seeking to know the quantum of sale of the anti-riot weapon pellet gun used by security personnel in J&K on grounds of what OFK called “national security and commercial confidence”.

Nayak, who is with the Commonwealth Human Rights Initiative (CHRI), in his RTI application, had sought photocopies of the Standard Operating Procedures (SoPs) required to be used by CRPF to disperse stone-pelting mobs in J&K and of SoPs required to be used by CRPF to disperse large assemblages of people other than stone-pelting mobs in J&K.

Filed last month, Nayak had also sought the name and postal addresses of the vendors from whom the anti-riot weapon and relevant ammunition were procured for use in J&K, and their quantity, since July 1, 2016.

Nayak had further sought information about the number of CRPF personnel who suffered injuries while conducting operations in J&K, whether they were paid ex-gratia following injuries, and also the number of those may have been promoted to higher ranks in recognition of their performance.

Claiming that the CRPF's rejection is “problematic”, Nayak, in an email alert to Counterview, says, “The SoPs developed by a government-convened expert committee after a similar period of civilian unrest in J&K in 2010 (which I obtained under the RTI Act in 2012), do not make any mention of allowing the use of pellet guns for dispersing stone pelting mobs.”

Secondly, says Nayak, since OFK stated that it did not manufacture the pellet guns, “CRPF was obviously buying them from some other manufacturer”, insisting, “As these weapons are purchased using the taxpayer's money, every citizen has the right to know from where they buy such weapons.”

Thirdly, as both the Central government and the J&K government had said several well-armed CRPF and other security personnel suffered badly at the hands of the protesters, who mostly pelted stones, Nayak says, “I sought to know the number of CRPF personnel who had suffered injuries.”

And finally, wondering how could CRPF reject information on promotions, Nayak recalls, on July 22, 2016, within two weeks of the eruption of unrest in J&K, a Board of Officers of CRPF recommended the criteria for awarding out of turn promotions to CRPF personnel who showed "extraordinary courage/displayed gallant action during fighting with anti-national/extremist elements."

Comments Nayak, “CRPF seems to think that the SoP for controlling both stone-pelting and non-stone-pelting mobs have no relationship at all to allegations of human rights violations. Despite case after case of innocent bystanders, including very young boys and girls, injured severely by pellets fired by security personnel being highlighted by the media, CRPF does not want to own up responsibility.”

He asks, “When SoPs are kept a secret, how can victim bystanders assess whether the actions taken by the CRPF personnel were excessive or not; how can they make a case for compensation and demand accountability of security personnel who caused them injury for no fault of theirs?”

GOI “callous” to Problems of Litigants, Rejects 13 names as Allahabad HC judge: CJAR

January 10, 2017

The Campaign for Judicial Accountability and Reforms (CJAR), led by top anti-corruption crusader, Supreme Court advocate Prashant Bhushan, has taken strong exception to the Government of India (GoI) rejecting 13 names recommended as judges for the Allahabad High Court by the Supreme Court collegiums.

Image: Indian Express

Calling it “an affront to the institutional independence of the judiciary”, even as suggesting “callous disregard to the problems of the ordinary litigant”, CJAR in a statement has said, “As per the law well settled by the Supreme Court in the Second and Third Judges' cases, the GoI is not entitled to engage in an endless back and forth over the recommendations for appointment of judges to the High Court and the Supreme Court.”

CJAR says, “Once the recommendations are re-iterated by the collegium of judges, the GoI is constitutionally obligated to process the recommendations and appoint such persons as judges at the earliest.”
Calling GoI's action “unwarranted and unconstitutional”, CJAR underlines, “The Allahabad High Court suffers from the highest number of vacancies in judicial posts, and thereby a crippling problem of delay and arrears in disposing of cases.”

It adds, “Far from working with the judiciary to address these issues and ensuring the quick reduction of vacancies, the GoI has stalled the process for ulterior motives.”

Asking the GoI to cease the current “charade” and “resolve to act in accordance with the law and the Constitution and address the problems of the litigants by immediately appointing all the recommended persons to the Allahabad High Court”, CJAR says, “The repeated raising of petty objections suggests that the GoI has no intention of letting the judiciary fill the posts with competent, independent minded judges.”

Condemning the “disturbing trend”, and asking the judiciary to remain “firm, independent and uncompromising check on the government”, CJAR has characterized 2016 as the “year of abrasive disagreement between the judiciary and the government especially over the issue of judicial appointments”.

It says, there has been “complete opacity” on the part of both GoI and the Supreme Court in “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”
“This process has been shrouded in secrecy”, it says, emphasizing, it excludes “public participation in this crucial process”. It adds, repeated requests from CJAR for a draft of the memorandum to be shared and have discussions on it have “received no response.”

Giving other instances of GoI’s “disregard” for law, CJAR says, “The government has not appointed Lokpal despite Parliament enacting the law in 2014. The Whistleblowers Protection Law also remains un-notified.”

Worse, it says, “Existing bodies such as the Information Commission have suffered due to large number of vacancies for long periods, with the resultant inability to carry out their mandate, which further undermines the objective of the law.”

Then, referring to the VIP copter scam, “in which politicians may now to be a focus of CBI probe”, CJAR says, “It becomes apparent why the government in a deliberate dereliction did not convene a meeting of the selection committee to select a full-fledged CBI director as mandated under the law.”

Stiffling Protest: MP Tribal Rights Activists Arrested, Protesting Illegal Sand Mining

January 10, 2017

The Madhya Pradesh government has arrested two senior tribal rights activists, Rahul Yadav and Pavan Yadav, attached with the well-known anti-dam movement, Narmada Bachao Andolan (NBA), as they reportedly tried to take objection to “illegalsand mining in Narmada riverbed in Badwani district.

NBA campaign against "illegal" sand mining

Arrested under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, an NBA communiqué, characterizing the government action as “repressive”, said, it all began on January 6, 2017, when the two, accompanied by several other activists, stopped a tractor, whose owner happens to be a tribal, from carrying sand, mined at the riverbed.

“The NBA activists demanded explanation from the driver as to how could he take away the riverbed sand when the Supreme Court had stayed mining in the Narmada Valley and riverbed on May 6, 2015, and the National Green Tribunal (NGT) declared it illegal”, the communiqué said, adding, “Ever since, the NBA has been helping the administration to taking steps against those involved in illegal sand mining and confiscate vehicles being used for it.”

Pointing out that despite apex court stay and NGT stay, “illegal” mining has been continuing in “gross violation of the law”, the communiqué said, “Instead of stopping illegal mining, the tractor owner drove the vehicle towards NBA activists to scare them. This forced them to file an FIR with the police against the owner.”

Two days later, on January 8, said the communiqué, the district collector’s car was found to be going for the Namami Devi Narmade campaign, claimed to be conceived by the Madhya Pradesh government to “protect” environment. “NBA workers stopped his car at Shaheed Stambh (Martyrs’ Square), asking him as to why no action was being taken against those involved in illegal mining.”

“The workers also asked the official as to why, when NBA is helping confiscate tractors involved in illegal mining, no action was taken against the culprits, who were being set free, and also why the chief minister and other officials were not speaking a word against illegal mining”, the communiqué said.

“When the officials failed to answer any questions”, claimed NBA, “the owner of the tractor, who happens to be a tribal, and against whom an FIR has been registered, was called in, and a case was registered under Indian Penal Code (IPC) sections 294, 323, 506, 341, 34 as also Prevention of SC/ST Atrocities Act, against Rahul Yadav and Pavan Yadav. Then, they were arrested.”

Calling the arrest a “conspiracy” against those who are fighting and raising voice against illegal sand mining in Narmada Valley, NBA said, “The arrest clearly suggests that the sand mining mafia and the Madhya Pradesh administration are hand in glove.”

It added, “The arrest also exposes the real face of the Namami Devi Narmade campaign, run by the ruling BJP. The entire campaign is being run by religious leaders, with chief minister Shivraj Singh Chauhan merely reaching amidst the campaign in a chopper for a speech, with little effort being made to help those adversely affected by the Narmada dam.”

Modi’s demonetization atrociously planned, executed, little evidence it fought corruption: New York Times

January 10, 2017

In strongly-worded editorial on demonetization, influential America daily, “The New York Times” (NYT), has said, there is “little evidence that the currency swap has succeeded in combating corruption or that it will forestall future bad behaviour once more cash becomes available.”

demonetisation

“The Cost of India’s Man-Made Currency Crisis”, and cleared by NYT's powerful editorial board, it says, “The swap was atrociously planned and executed. Indians had to line up for hours outside banks to deposit and withdraw cash. New notes have been in short supply because the government did not print enough of them in advance.”

The editorial adds, “The cash crunch has been worst in small towns and rural areas. The amount of cash in circulation fell by nearly half, from 17.7 trillion rupees ($260 billion) on November 4 to 9.2 trillion ($135 billion) on December 23, according to the Reserve Bank of India (RBI).”

The editorial notes, “ Two months after the Indian government abruptly decided to swap the most widely used currency notes for new bills, the economy is suffering. The manufacturing sector is contracting; real estate and car sales are down; and farm workers, shopkeepers and other Indians report that a shortage of cash has made life increasingly difficult.”

The editorial comes at a time when Union finance minister Arun Jaitley claiming that India’s indirect tax receipts grew by 14.2% in December as compared to the same period last year, which suggests the government’s currency recall "didn’t hurt economic activity."

The editorial insists, Prime Minister Narendra Modi's move to swap Rs 500 and 1,000 notes, which made up about 86 percent of all currency in circulation, replacing them with new Rs 500 and 2,000 notes, has failed to identify people who were hoarding cash to avoid paying taxes or to engage in corruption.

In fact, in says, “No economy can lose that much currency in a few weeks without creating major hardship – certainly not one like that of India, where cash is used for about 98 percent of consumer transactions by volume.”

Pointing to how “Modi’s government” as an afterthought said “it was also eager for Indians to move to electronic transactions”, it notes, “While a growing number of people have debit cards and cellphones that can be used to transfer money, most merchants are not set up to accept such electronic payments.”

“The government had said that people bringing more than Rs 250,000 of the old notes to banks would have to show that they had paid taxes owed on the money. Because of those rules, officials had expected that a lot of black money would never make it back to banks”, the editorial recalls.

However, it regrets, “Indians have successfully deposited the vast majority of old notes. That suggests that either there wasn’t as much black money out there as the government claimed or that tax cheats found a way to deposit their hoards of cash without attracting the government’s attention, perhaps with the help of money launderers.”

Wondering if there would be strong political reaction, the editorial says, “Many Indians have said that they are willing to tolerate some pain in the fight against corruption. But their patience won’t last if the cash crunch continues and the swap does little to reduce corruption and tax evasion.”

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Modi’s demonetization atrociously planned, executed, little evidence it fought corruption: New York Times

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