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111-year old Shivakumara Swamiji passes away

Prominent Lingayat seer of Siddaganga Math, 111-year old Shivakumara Swamiji, also known as the ‘Walking God’, died today after a prolonged illness. “The seer left for the heavenly abode leaving his mortal body at 11.44 am,” announced the Siddaganga Education Society founded by the seer.

Chief Minister H D Kumaraswamy told reporters in Tumakuru, “I am deeply saddened to announce that the walking God, Parama Poojya Siddaganga Sri, has passed away. It is an irreparable loss to the state. His contribution to the society transformed lakhs of people from across the state. He shaped the future of many people,” Kumaraswamy also announced a government holiday on Tuesday and state mourning for three days.

The highly revered pontiff of the influential Lingayats, the major community in Karnataka, is a recipient of Padma Bhushan and Karnataka Ratna, the highest state civilian award. He was in a serious condition for the past two months and had undergone a surgery at a private hospital in Chennai about two months ago for his liver related complications.

Raucous on Rafale is senseless

This needless controversy and continuous criticism of the purchase of Rafale combat aircraft from Dassault Aviation is akin to playing into the hands of vested interest groups that want to jeopardize India’s security.

The acquisition of 36 Rafale fighter aircrafts by India has unfortunately been put through an unnecessary controversy, where innuendo and mud throwing have taken the place of reasoned debate. India needed a Medium Multi Role Combat Aircraft (MMRCA) and the process for its acquisition started as early as 2001, when the Ministry of Defence put in a request for information (RFI). Subsequently, a request for proposal (RFP) for 126 MMRCA was issued six years down the line in August 2007 to meet the urgent requirements of the Indian Air Force. Of these, 18 aircraft were to be purchased in a fly-away condition and the remaining 108 were to be manufactured by Hindustan Aeronautics Limited (HAL) under transfer of technology.

Four years later, there were six contenders for supplying the MMRCA to India: Boeing’s F/A-18E/F Super Hornet, Lockheed’s F-16 Fighting Falcon, Mikoyan’s MiG-35, Saab’s JAS 39 Gripen, Eurofighter Typhoon, and Dassault Aviation’s Rafale. After extensive trials, two aircraft that passed all technical specifications were short listed in 2011— the Eurofighter Typhoon and Dassault’s Rafale. On 31st January, 2012 it was announced that Dassault Aviation had won the contest on account of lower life-cycle costs and contract negotiations commenced thereafter. However, by 2014 these negotiations had reached a total impasse. While Dassault was willing to give a guarantee for the products it supplied in a fly away condition, it was not willing to give a similar guarantee for the products manufactured in India by HAL, making the then Defence Minister, Mr Manohar Parrikar remark that the ‘deal was as good as dead’. But that did not take away the fact that India still needed an MMRCA.

To address the acute shortage of fighter aircraft, as seen in the dwindling fighter squadron strength of the Indian Air Force, the BJP-led NDA government scrapped the 126-jet MMRCA contract and decided to purchase 36 new Rafale fighter jets from Dassault Aviation through an inter-governmental (G-to-G) agreement. From a projected strength of 44 fighter squadrons, the Air Force is down to 32 and this number too is going down with the retirement of MiG 21 and Sukhoi fighters that are nearing the end of their life expectancy. The delay in the Tejas programme too has contributed to this unhealthy state of affairs.

The present controversy pertains to direct purchase of 36 Rafale aircraft through the G-to-G route. Arguments put forward against the deal pertain to cost, competition and cronyism. Why, for instance, was an equal opportunity not given to Typhoon, to quote its best rates that could have forced Dassault Aviation to quote more competitive terms? The answer to that is simple. The Defence Procurement Procedure (DPP) of 2016, in para 104, clearly states that in a G-to-G route, ‘geo-strategic advantages that are likely to accrue take precedence over competition, transparency and accountability’. Now the opposition parties are seeking to know the specificities of these advantages, but the very nature of such deals means that they have value only if cloaked in secrecy. We would do well to remember that major defence deals between two countries are also an instrument of a nation’s foreign policy objectives and are invariably a part of a larger package, wherein both sides have certain obligations with serious security implications. Such agreements between two nations are never made public. G-to-G deals come with sovereign guarantees, and the seller government provides logistic, training and exploitation support. Also, such deals are clean and do not involve payment of slush money. It is sad to note that every time India tries to acquire game-changing defence capability, a controversy is deliberately created by inimical forces. Such forces need to be exposed.

On transfer of technology, the situation is more complicated. Writing in the Quint, Abhijit Iyer-Mitra postulates that viable transfer of technologies which were possible upto four decades ago are no longer so as the ground situation has now changed dramatically. Given the extraordinary division of labour that has happened since the 1980s, many of the aircraft components are outsourced to small and micro industries, which means that transfer of technology of those parts are not available for the aircraft manufacturer to give away. In addition, the complex nature of a plane, the limitations of technology transfer and the fluid nature of technology with fast obsolescence rates means that, ‘even if technology is given, forget setting up manufacture, even before the technology is mentally absorbed by domestic engineers, it is obsolete’.

The cost factor needs elaboration. Allegations are flying thick and fast that the deal negotiated by the present government is far higher than the one negotiated by the earlier UPA regime. This flies against the face of facts. There was no deal done by the earlier establishment as the deal did not fructify. As there was no deal, there could not have been an agreed price. In any case, a non-deal cannot be compared with a deal and a non-starter aborted arrangement cannot be used as a datum for price comparison. More importantly, the earlier quotes were for the platform as such and the add ons that gave a punch to the aircraft were not concluded. What has been procured now brings to the fore certain India specific capabilities, and the price paid is commensurate with those capabilities.

The next charge is of capital cronyism, where it is alleged that the government has favoured the Anil Ambani Reliance group by ousting HAL. This charge has more to do with ignorance or malicious intent than with anything else. For starters, Dassault Aviation is providing 36 Rafales to India, all of which are being manufactured in France. There is no question of a partner here, be it HAL or anyone else. Reliance hence is not making any aircraft. To quote from an article written by Maj Gen. Mrinal Suman: Fulfilment of offset obligations entails compensating the buyer country for the outflow of its resources through designated offset programmes. India’s offset policy has been spelt out at Appendix D to Chapter II of the defence procurement procedure. Provisions related to the current discussion are as follows:

Quantum of Offsets. As per Para 2.2, all ‘Buy Global’ cases of estimated value of more than Rs 2,000 crore have to carry offset obligations equal to 30 percent of the contract value. Interestingly, India has managed to obtain offsets equal to 50 percent of the contract value, despite stiff opposition by the French. It is a huge gain as Dassault has to incur considerable additional expenditure to fulfil extra offset obligations.

Selection of IOP (Indian offset partner). Para 4.3 unambiguously states that the foreign vendor is free to select IOP and the government has no role to play at all.

Responsibility for Fulfilling Offsets. Para 5.1 categorically states that the foreign vendor will be responsible for the fulfilment of offset obligations. Failure invites huge penalty (five percent of the unfulfilled offset obligation with a cap of twenty percent) and even debarment from future contracts. It is a huge punishment by all accounts.

Avenues for Discharge of Offset Obligations (Para 3). The policy specifies six avenues for the discharge of offset obligations and the foreign vendor is free to choose any one or a combination of them. The avenues include direct purchase of eligible products and services; FDI in joint ventures; and investment in kind/technology. Eligible products/services cover the complete range of defence, inland/coastal security and civil aerospace products. It is a vast choice.

The above provisions make eminent sense. If the vendor is responsible for offsets, he must have independence to select Indian offset partner (IOP) in whom he has faith. The government cannot dictate IOP and yet hold the vendor responsible for timely completion. Dassault has chosen Reliance as a major IOP. No one can question it.

Instead of running down each and every government purchase, which in turn leads to time delays and overrun costs, the focus should be on further streamlining our procurement systems. Why for instance is India dealing with seven different types of combat jet fighters? On a long term basis, the focus should be on getting HAL to perform and produce the Tejas Mark I and Mark IA. And in future the Mark II, all these as per requirement and as per schedule. We should also focus on getting the indigenous AMCA (Advanced Medium Combat Aircraft) as per schedule.

Besides further refining of procurement procedures, we need to see that those in charge of such procurements are well versed in the procedures. We need to have officers who have been trained in the subject and who then need to be posted for long tenures with the establishment. Unless a holistic view is taken of our procurement needs, we will continue to flounder. Let us also remember that in the very competitive environment of defence deals, the loser invariably cries foul, which is then exploited by vested interests. The Rafale deal is a good one for the country and the matter should rest here.

Pakistan needs to abolish its draconian Military Courts

Military Courts of Pakistan have unleashed a reign of judicial terror by awarding death sentence and prison terms to anyone who is perceived to be working against the interests of Pakistan Army.  

Pakistan is presently going through a judicial crisis of sorts. The Pakistan Army is refusing to let go of its Military Courts even though their instituted term including the one extension is over. It may be recollected that Military Courts were instituted in Pakistan in January 2015, with a constitutional amendment, as a response to the terror attack on a school in Peshawar. The objective was to speed up the trial of those suspected to be linked with terror related activities.

It was argued, at that stage, that the courts entailed a superimposition on the judicial framework of the nation while also breaching human rights guarantees. The move also amounted to an admission that the judicial system in the country was not performing satisfactorily.

It can be safely presumed that the Military Courts were set up due to pressure exerted by the Army which no political entity in Pakistan has ever been able to withstand. For the sake of political probity the courts were projected as a temporary measure. The Constitution amendment laid out a two year sunset period after which the amendment was to lapse.

Having got what it wanted, the Pakistan Army unleashed a rein of judicial terror. Hundreds were sentenced to death or to prison terms without releasing information about the trial, including names of these so-called convicts or the charges under which they were tried. Even the duration of the prison term awarded to these “convicts” were not made public and there was no system of appeal instituted. The appeals lodged in civil courts by the lawyers of these so-called accused spoke of coercion to extract confessions and the lack of legal access to them.

Many terrorists did meet their just end but the fact that many innocents were also taken into the dragnet cannot be denied, and it is here that the fallacy in justice prevailed as the right to a fair trial was undermined.

On expiry of the denominated two-year term in January 2017, a superficial exercise of handing over the pending cases to anti-terrorism courts was carried out, but soon enough the Nawaz Sharif government announced an extension for another two years.

Now that the extended term is also coming to an end the ball is in the court of the Imran Khan led government. The Pakistan People’s Party (PPP) has announced its opposition to any further extension of the term. “We have serious reservations about extending the tenure of the military courts.  Joint Investigation Teams have already been militarised, so we don’t want to (further) militarise our judicial system,” stated a spokesperson of the PPP.

The Pakistan Army has laid down its position with a tongue in cheek response. “Lawmakers can decide on the fate of Military Courts keeping in view the current situation, and their impact. We will do what Parliament tells us,” says the Pakistan Army spokesperson. The key to the statement lies in the assessment of the “current security situation”. Such an assessment is carried out solely by the Army with parliamentarians expected only to nod in unison. Hence, the Military Courts will be set aside only if the Army Chief so desires and there is no indication that he would desire any such thing.

Two relevant questions can be posed here. First, what have successive governments in Pakistan done over the last four years to boost up the judicial and administrative process in a manner that would make it capable of taking on its responsibilities? The answer is – Nothing. Second, is it not proven without doubt that neither Military Courts nor the political leadership of the country has been successful in eliminating the cult of terror in the country, so why carry on with such overreaching powers to the Pakistan Army? At least the judiciary should be allowed to function in a manner that is in line with international norms.

On one hand, the Pakistan Army looks for overreaching powers to deal with so-called terrorists and on the other it prevails upon the government to protect such terrorist organisations that it nurtures as Pak Army’s strategic assets. It is well known that Imran Khan has not extended the presidential ban on the well known terrorist organisation the Jamaat-ud-Dawa and its sham subsidiary the Falah-i-Insaniyat Foundation (FIF). No prizes to guess as to where the instructions to legitimise these organisations came from. Other terrorist leaders like Noor-ul-Haq Qadri and Syed Sallahuddin are given unhindered leeway to continue with their activities. So where are the military judges when all of this is going on?

It is quite amusing to note the manner in which the Pakistan Army is looked upon in the country as a guardian angel. Nawaz Sharif was prime minister under the blessings of the army as is Imran Khan now. The Army changes governments, runs the judiciary and lays down policy, all in the name of ensuring the security and the wellbeing of the people.

The reality is that the Pakistan Army likes to function with unhindered power. The Army Chief, General Qamar Bajwa, talks of giving priority to development over security but does nothing concrete in this direction. The lack of forward movement is attributed to the inefficiency of the government that is being changed with consistent regularity. With PPP and PML (N) having served their terms under the goodwill of the Army it is now the turn of Imran Khan led Tehreek-e-Insaaf to play the puppet.

The world is quite aware of the sham that is being played out in Pakistan. It is no wonder then that nobody is coming forward to bail out the bankrupt country. It is fast losing whatever little self respect it ever had. If Pakistan has o survive then its government and its Army will need to show some respect for democratic institutions and processes. Subverting the same for vested interests is not going to help. A good way to start would be to abolish the military courts and give the judiciary the place that it deserves in all civilised countries.

‘Pati, Patni Aur Woh’ suspense ends; Ananya Pandey, Karthik Aryan and Bhumi Pednekar in the lead roles

Even before the start of actual shoot, film “Pati, Patni Aur Woh” has been making headlines. Taapsee Pannu, who was last seen in Manmarziyaan, recently alleged that the producers dropped her without any proper intimation. According to her, “I was at the narration in November. I liked the script and gave it the go-ahead. I was asked to clear my schedule and I complied. Only the clauses remained to be negotiated. But they suddenly vanished. When I tried to confront the producers, I wasn’t given a proper reason.”

Responding to Taapsee’s allegations, producers Bhushan Kumar and Juno Chopra have clarified that, “When a script is locked, every director or producer approaches several actors for the casting of the film. We reached out to many actors, who we thought could be our potential protagonists in the film. Taapsee Pannu was one of the many actresses we had approached for one of the leading ladies in the film. However, we as Producers have never made any commitment to her.”

The film has finally got a fresh star cast on board, which includes Ananya Pandey, Karthik Aryan and Bhumi Pednekar.

I wasn’t educated at drama school with the aim of being a movie star: Nicole Kidman

Hollywood star Nicole Kidman believes she is happy to find her footing as a character actor. “I wasn’t educated at drama school with the aim of being a movie star,” she said. Kidman is also of the view that she ‘played it safe’ with her career in the past but now always looks for roles that will challenge her. ‘I think maybe I played it a little safe in the past, and went for the work I thought I was meant to do, which spoke to the idea of what and who an actress is supposed to be. But, for the most part, I’ve followed my spirit, which motivates me to go against the grain.

‘I’m completely spontaneous and random in my decisions. Never let it be said that I don’t have diverse taste. I love jumping into the deep end. Why not? That’s my favourite saying, I think it has such potential and choice, why not?’ Kidman told Psychologies magazine. The actor said life experiences have made her a better performer and she is happy to be a character actor.

Delhi HC approves release of Film on 1962 Sino-Indian war hero Rifleman Rawat

’72 Hours – Martyr who never died’  – a film based on the life of Rifleman Jaswant Singh Rawat, who was posthumously awarded the Maha Vir Chakra for gallantry during the 1962 Sino-Indian war,  was released on Friday after the Delhi High Court gave its approval.  

Rawat’s family members had moved the court against the release of the film, claiming that it had invaded their and Rawat’s privacy. Besides, they had also sought royalty from Sandhya Entertainment, the producer of the film, and demanded that the actor playing Rawat’s role be changed. The production house told the court that the family’s consent was taken in 2015 and the film was made on the basis of the information given by them. The Court observed that the man’s family members could not claim breach of their privacy as they had consented to the making of the film in 2015.

Rawat was a rifleman in the 4 Garhwal Rifles unit of the Army and had single-handedly prevented the Chinese army for three days from over-running his post during the 1962 Sino-Indian war, before he was killed on November 17, 1962. For his gallantry, he was still being honoured with promotions, the most recent one being of a Major General, it had said. It had also said the post which Rawat had defended against the Chinese Army was now named as Jaswant Garh and there was a room nearby where his personal belongings were still kept safe.

The trend of Judges opting for Recusal is incomprehensible

Justice Lalit Suri and Justice AK Sikri have put too much faith in their notion of “righteousness” and have opted to turn their back on call of duty. While a section of media may continue its slanderous reporting but that should not set the trend of abdication of one’s duty.

Munshi Premchand, the greatest Hindi writer of all times has a message for Justice Lalit Suri and Justice Sikri in his story – ‘Panch Parmeshwar’. The message is that once you sit in judgement, you become God and, in that role, you must put aside your prejudice and preferences, sift facts objectively and judge acts of omission fairly and fearlessly, irrespective of who has committed them and how others would take it if your verdict goes against them. It is obvious neither of the judges fit into Premchand’s idea of a Panch. Both of them recused themselves recently — one from hearing the Ram Janam Bhoomi case and the other from accepting the prestigious nomination for the Commonwealth Arbitral Tribunal – fearing that they will be accused of lacking in intellectual integrity and delivering coloured judgements.

Justice Lalit opted out of the five-member Constitution Bench that was to hear the Ram Janam Bhoomi land dispute, literally in panic. It happened minutes before the hearing began when it was pointed out that as a lawyer, he had pleaded on behalf of Kalyan Singh, then UP Chief Minister, in a case of contempt of court relating to the demolition of Babri Masjid in 1992.  Justice Lalit insisted that it would be inappropriate for him to continue on the bench for he would be seen as favouring the BJP. By his logic, lawyers should not become judges in India, for they would have to frequently recuse themselves from hearing cases of clients whose cases they handled in courts from time to time. The question is, where do you draw the line and what should constitute as irrefutable reason for recusal. Can it be your religion, your caste, the state you come from, your friends, family or your ideological persuasions?

Justice Lalit may be thinking that he has taken a high moral ground but it is not so. He would have gone higher in national esteem had he risen above his professional association with his client, Kalyan Singh and wrote out a reasoned, balanced judgement based on incontrovertible facts in a case that has kept the nation on communal boil for decades. Unfortunately, he chose the easier route. He was afraid that he would be criticised for sympathising with crusaders of constructing Ram Mandir on the disputed site in Ayodhya. Apparently, he was more concerned about what denigrators would say and had no belief in his intellectual integrity and sense of objectivity. 

Justice A K Sikri’s case is even more inexplicable. As a member of the selection committee he had concurred with Prime Minister Narendra Modi to remove Alok Verma as Director of the CBI. The third member was Mallikarjun Kharge of the Congress who disagreed with the majority view. Typical of the slanderous standards of our media reporting, Justice Sikri was accused of siding with the PM Modi to return a favour that PM had bestowed on him by nominating him as a member of the London-based Arbitral Tribunal in the Commonwealth Secretariat. Instead of ignoring this rubbish, Justice Sikri rushed to the press. He explained that the Tribunal membership was not a plum job and that his consent had been taken much before he even knew that that he would be part of a committee that would terminate Alok Verma’s unsavoury dalliance with the CBI.

Justice Sikri did not stop at that. He withdrew his consent to be India’s nominee at the Arbitral Tribunal in the Commonwealth Secretariat. In doing so, he not only let down the country but also encouraged the congenital baiters to hunt for another prey on another day. He forgot that in May 2018, he had set aside governor’s decision and reduced time from 15 days to 48 hours for the BJP leader to prove his majority in Karnataka Assembly, paving way for the Congress-JDS combine to form the government. Still, he was offered the membership of the tribunal by the incumbent NDA (National Democratic Alliance) because government decisions are never taken on the basis of what others feel but what is required to serve the interests of the nation.   

Both Justices must be aware that all individuals have conflict of interest in their lives. But those who refuse to allow these conflicts to cloud their judgement make good leaders and they are remembered. I recall an ICS (Indian Civil Services) officer who had instructed the traffic police inspector to fine his wife for jumping the traffic signal and if she refused, put her in the lock up. During my college days I was an aggressive student leader fighting for the cause of students but that did not deter me from using force as an SP (Superintendent of Police) against the protesting students who were burning buses and looting shops.

All of us have preferences and prejudices which we acquire from the education we receive and the background we come from. But we do not abdicate our responsibilities, worrying that our decisions may be questioned and ridiculed. Justice Sikri and Justice Lalit seem to have put too much faith in their notion of righteousness and opted to turn their back on call of duty. We wanted them to be like Premchand’s Panch and dispense justice like Parmeshwar (God), unruffled by the noise in their surroundings. But Alas!            

Actor Anil Kapoor meets Prime Minister

Bollywood seems to have developed a special interest in meeting Prime Minister Modi. Just a week back a delegation from Bollywood, comprising of stars such as Ranveer Singh, Ranbir Kapoor, Alia Bhatt and Varun Dhawan had met the Prime Minster. Now, actor Anil Kapoor met the Prime Minister Narendra Modi in New Delhi yesterday.

The 62-year-old actor took to Twitter to share the news. “I had the opportunity to meet our h’ble Prime Minister @narendramodi ji today and I stand humbled and inspired in the wake of our conversation. His vision and his charisma are infectious and I’m grateful for the chance to have witnessed it in person,” Kapoor tweeted alongside a photograph with the prime minister.

Not much of a difference between Asiya Andrabi and Mehbooba Mufti : BJP MLC Surinder Ambardar

While speaking on the occasion of Kashmiri Pandit exdous today in Jammu, BJP MLC Surinder Ambardar said that Mehbooba Mufti has separatist tendencies and she is no different from Separatist leaders like Asiya Andrabi and Kashmiri Pandit’s murderer Bitta Kartay and that is the reason BJP broke the alliance with PDP after getting to know the regressive mindset of Mehbooba Mufti.

“It was a bad experience to run the government with Mehbooba Mufti. She had no capacity to run the government which she herself had said after the demise of her father Mufti Mohamed sayed,” Ambardar added. 

While speaking on the topic “Jammu and Kashmir –  The way ahead” , a dialogue in unresolved issues of Jammu and Kashmir with regards to Kashmiri Pandits and 30th year of exile organised by Ten Network and Earth News, MLC added that Kashmiri Pandit exodus was a civilisational onslaught and continues to be so even after three decades. He also added that there is a set pattern and design of Pakistan under which his community was forced was to leave it’s ancient and centuries old habitat for which Kashmiri mainstream and separatists are equally responsible.