Showing posts with label Corruption. Show all posts
Showing posts with label Corruption. Show all posts

Wednesday, November 21, 2007

Kashmir: the politics of an earthquake

The jihadi-led aid efforts after the cataclysmic Kashmir earthquake expose deep fractures in Pakistani politics.


They say that not even a single leaf on a tree can shake in Pakistan without the army and its dreaded intelligence service, the ISI, knowing about it. So when on the morning of 8 October 2005 a 7.6 magnitude earthquake, the most devastating in a century, collapsed buildings and triggered violent landsides that left nearly 3 million people homeless in Kashmir and the Northwest Frontier Province, Pakistanis were aghast that soldiers did not come immediately to their rescue.

Nearly a quarter of a million troops were already stationed in the area, to enforce a tentative ceasefire with Pakistan’s nuclear-armed neighbour, India, over claims to the disputed territory. After living under the military dictatorship of General Pervez Musharraf for six years, the victims expected a disciplined and professional relief effort to alleviate their suffering.

"Musharraf is a great man”, said Umar Khan, a baggage porter in Lahore who was wheeling medical supplies towards the airport customs counter on the evening of 9 October, just thirty-seven hours after the monster tremors ripped through the Himalayas. "He will get this job done, because he is not corrupt." Musharraf's pragmatism, which has spurred Pakistan's economic growth, had been widely admired in a society more accustomed to kleptocrats and their cronies. But then the earth moved.

It took days before the army would reach any stricken areas beyond the towns; while it dallied, tens of thousands of loved ones were smothered under the rubble and the injuries of survivors went septic. Without any shelter, vulnerable infants and elders contracted pneumonia when intermittent downpours soaked their bedding. In grief, people could only cling to one another for body heat as hail pelted down and thunderclaps heralded more aftershocks. Villagers grumbled that the army must be tending to its own casualties first and had abandoned its hapless civilians to the elements.

Pakistan announced that more than 400 of its military personnel died in the tremors. In addition, reports that the quake killed a hundred militants in training camps established near the line of control (LoC) separating Pakistani- and Indian-administered Kashmir have been circulating; the government has never acknowledged that such camps exist, even though India has since 1989 accused Pakistan of arming and supporting Islamic guerrillas and demanded the camps’ closure.

Other Kashmiris, displaced by shelling during two wars fought over the terrain, had been rehoused in squalid and cramped quarters which did not withstand the severe jolts. Faced with destruction on such a vast scale, Brigadier Sikander Javaid admitted that the army had to rely on survivors fit enough to walk down to their bases and inform them where aid was most needed. An estimated half-million quake victims are struggling to cope on their own.

"We tried to wave the helicopters down, but they refused to land here", complained Sumair Ahmed, a tailor, after an aerial assessment team had hovered in a helicopter over his village on the edge of the Kaghan valley. "Are we not also part of Pakistan?"

Now, eleven days afterwards, regional officials report a death toll of more than 79,000, and admit that 20% of the most remote villages are still cut off, in the upper valleys beyond the range of helicopters or pack mules. As well as destroying a 30,000 square-kilometre chunk of the Himalayas, the cataclysmic Kashmir earthquake has unearthed deep faultlines in the politics of Pakistan. General Musharraf went on television to apologise to the nation for unseemly delays, but irritatedly pointed out that his army was quicker off the mark than Washington's response to hurricane Katrina.

Particularly in the strategic but underdeveloped areas near the Indian frontier, Pakistan's civil service has been gutted under Musharraf's rule, and no detailed plans for a disaster response existed. When the earthquake severed landlines and radio communications and mobile-phone systems were unable to cope, military officers became utterly paralysed. They were slow to act because they were waiting for top-down orders that never came.

Samina Ahmed, Islamabad-based director of the International Crisis Group, observes: "In recent years there has been a disproportionate build-up of the army and a neglect of civilian concerns. The military lacks professional management skills. They are trained to fight wars. They can get boots on the ground but that's it."

The jihadi aid campaign

Meanwhile, long before the arrival of army regulars, international aid agencies, or emergency search and rescue teams, an alternative volunteer army was reporting for duty in the earthquake zone: the jihadis. Bearded young men converged on towns close to the epicentre, after threading their shiny white mini-vans or military vehicles through boulder-strewn roads. More trekked by foot across rockslides, carrying picks and shovels. Yahya Mujahid, a Muslim militant chief, said he ordered his guerrillas to put aside their Kalashnikov rifles and hired 100 mules so they could get relief supplies up to the heights and carry out the injured.


The efforts won accolades from anguished survivors. No one else was on the spot to help locals unearth the injured and administer first aid, shroud and bury their dead, or dish up dates and hot soup so they might break the Ramadan fast at dusk. These aidworkers appeared extremely organised. In Muzaffarabad, a garrison city and the capital of Pakistan-controlled Kashmir, a big banner was erected over a tarpaulin spread with prayer-mats and quilts. It identified the energetic do-gooders as Jammat-ud-Dawa. This group is known to be a spin-off of the banned religious militants, Lashkar-e-Taiba, and is widely seen as the fundraising and recruiting wing for Islamist warriors who cross into India.


Musharraf, under pressure from the Americans, outlawed Lashkar as a terrorist organisation in 2002 because of its links to al-Qaida. The name change has allowed Jammat-ud-Dawa to continue building its religious seminaries, to train preachers for mosques, and dispense medical care to the indigent. But will they be able to muster support and force their way onto the national political agenda?


There are parallels with Palestine and Egypt, where religious groups took up the initiative wherever the government fell short in its performance. Washington's financial crackdown on Islamic charities following the World Trade Center attacks on 9/11 means that donations from abroad have been languishing, collecting interest in western banks, before essential transfers could be made to help victims in Pakistan. Local Muslim charities did not face such restrictions.


The Muzaffarabad hospital sustained such severe structural damage from the quake that patients were shifted to the lawn before their wards could implode in the aftershocks and bury them alive.

Hassan Sharjeel, an architect, clawed at the debris of a ruined high school classroom and managed to free his 16-year-old niece, Hadia Pundit, from her desk in the front row after eleven hours. Lashkar-e-Taiba were the first ones there to help dig out her dead classmates, he pointed out. "I hate them", Sharjeel muttered, "but one must give credit where it is due. In our hour of need Lashkar were there."

A 14-year-old boy, freed by Lashkar-e-Taiba volunteers from under the wreckage of his collapsed hut after four days, learned that both his parents had perished in the earthquake. His saviours renamed him "Bobby", bundled him into a van and drove him to their fundamentalist madrasa outside Lahore. "He's ours", they told the neighbours, before pulling away.

Musharraf’s twin problems

Musharraf's military mindset blocked humanitarian aid from reaching the needy. He spurned an Indian offer of emergency-relief helicopters (which would have doubled the country's fleet) unless Delhi agreed that only Pakistanis pilot these loaned aircraft.

The demolition of most of the infrastructure that the armies have erected in the region since the British left in 1947 does not diminish generations of mistrust. The earthquake thus opens the prospect of India and Pakistan being reduced to fighting over ruins, while shifting the balance of advantage between them: Pakistan was much the harder hit, and can expect fewer peace concessions from an India whose hand the disaster has strengthened.

After the Indians lifted restrictions on mobile-phone calls to enable contact between earthquake-stricken families separated by the frontier, Musharraf proposed on 18 October allowing Kashmiri residents to cross the ceasefire line to help with reconstruction efforts. "We will allow every Kashmiri to come across the Line of Control and assist in the reconstruction effort", he said.

India immediately welcomed the move. "This is in line with India's advocacy of greater movement across the LoC for relief work and closer people-to-people contacts", enthused Navtej Sarna, an Indian foreign-ministry spokesman.

Musharraf's sudden announcement on television was seen as a bid to boost his popularity after the debacle of the army's earthquake relief efforts; the technicalities of allowing civilians to cross the line, while simultaneously preventing troop movements, will take time to work out.

Against all odds, the slow response to this killer earthquake has eroded the respect that the military once commanded in every strata of Pakistani society. As converts clamour to join the jihadis, the ground under General Musharraf's feet is shaking again.

Wednesday, September 5, 2007

Ranjan Lakhanpal

He Lost His Father And Son To Excesses Of The State. But This Human Rights Activist Is Still...

Had such tragedies happened to any other man, he would have been broken, perhaps irreparably. But not human rights activist and lawyer Ranjan Lakhanpal, who lost both his father and son to excesses of the state.

“But those two incidents only prodded me to fight harder against the dispossessed, the weak and the vulnerable,” said the 52-year-old who’s taken up more than 10,000 cases of human rights abuses. "I know the pain of a sufferer."

Tears still fill Lakhanpal’s eyes as he talks about the death of his father and, much later, his son. “My father, an advocate like me, was arrested under Maintenance of Internal Security Act (MISA) because he raised his voice against imposition of Emergency and arbitrary arrests being made at that time,” he said, going back in time. “He died in jail."

What happened years later was worse. “My son, just 10, was killed by the police because I was fighting cases against them. They had earlier threatened me repeatedly, but I took no note. When I didn’t agree, they did this to put pressure on me,” said the man who’s now a rallying point for those taking up rights issues.

The legal eagle, who started his practice in the Punjab and Haryana High Court in 1980, has been instrumental in freeing 250 Pakistani prisoners in Indian jails. Not that he’s spared Pakistan. “I filed a petition in the Pakistan Supreme Court for violating the human rights of Lieutenant Sourabh Kalia and five other Indian soldiers who died during Kargil war. This was the first case to be filed by an Indian in Pakistan,” added Lakhanpal, who’s been crying hoarse about Bhikiwind’s Sarabjit Singh, awaiting execution in the Kot Lakhpat jail across the border.

Not one to back out from a tough, and often dangerous fight, the lawyer was one of the first ones to leap up to defend the accused in the infamous Jammu and Kashmir sex scandal. “Everyone needs a fair hearing,” is his simple argument against all charges, including that of treason.

So what’s been his best battle? He remembers the touching case of POK resident Shenaz Praveen Kausar and her India-born daughter Mobin. In a suicide bid, Kausar had jumped into the Jhelum in POK but survived and reached the other side of the river in India. She was immediately arrested and was later raped in jail. Kausar then delivered Mobin. But that was just one part of her unfortunate story. The Pakistan government agreed to take Kausar back but refused Mobin entry, saying she is Indian.

Lakhanpal filed a PIL in Jammu and Kashmir High Court for their release and adequate compensation. The court ordered cops to release Kausar and Mobin. It also granted Rs 3 lakh to them. After the matter got highlighted at the international level, Pakistan government too took back both Kausar and her daughter.

“This case is close to my heart because I helped a woman and her child who were totally helpless in a foreign land,” said Lakhanpal who sees Mother Teresaas his guiding light.

ARVIND KEJRIWAL | RTI ACTIVIST

"Anger against corruption lit the fire in me"

I wouldn’t say there was a single event or a turning point that fashioned a social activist out of me. Ever since I grew up, I was angered by the corruption in government office. As I grew older, I began to understand that it was the worst form of corruption because it ended up creating a corrupt society.

I used to wonder if it is possible to find a solution to the problem. There are many people who don’t want to pay bribes but end up doing so because they don’t have a choice. I used to think if it was possible to give them an option. My stint in the Indian Revenue Service added to what I felt. The department exposed the extent of corruption that prevails. I could see that corruption was here, there and everywhere.

In 2000, we started Parivartan, an NGO. We gave a call to the people: don’t pay bribes in the Income Tax department and Delhi Vidyut Board. Weencouraged them to come to us with their grievances. We would collect about 200 such consumer grievances and take them to the concerned government office. The work would be done.

But after about one and half years, we realised that this was no long-term solution. Our efforts helped the people but it did not empower them. In December 2001, Delhi government enacted the Right To Information Act following which it was possible for a common man to obtain information from the government. I studied the Act thoroughly.

In February 2002, one Ashok Gupta of Patparganj came to us. Despite numerous applications, he hadn’t received an electricity connection. We drafted an RTI application for Gupta and asked him to submit it to the electricity department. As if by magic, within 10 days, he got the connection.

You can say that this is when we evolved from middlemen to facilitators. Soon, we were drafting such RTI applications for most departments in the Delhi government. From then on, it grew bigger and bigger. We got involved in the efforts to get the national Right to Information Act passed. The central RTI Act came into effect in 2005.

Satyendra Kumar Dubey

Satyendra Kumar Dubey (1973 - 2003) was project director at the National Highways Authority of India (NHAI). He was assassinated in Gaya, Bihar for fighting corruption in the Golden Quadrilateral highway construction project.

Early life
Satyendra K. Dubey, the son of Bageshwari Dubey and Phulamati Devi, was born at the village of Shahpur in the Sewan district of Bihar, India. The family of five girls and two boys subsisted on a small piece of land, and Bageshwari also held a low-paying clerical position in a nearby sugar mill.

Until the age of 15 he studied at the Gang Baksh Kannaudi High School and joined junior college at Allahabad, about three hundred kilometers away. Living away from home was a considerable drain on the meager resources of his family. However, he pursued his dream of becoming an engineer, and was admitted to the Civil Engineering Department of IIT Kanpur in 1990, the first person from his village to achieve this feat.

He graduated with an excellent academic record in 1994. He graduated with an M. Tech (Civil Engineering) degree from IT-BHU in 1996.

Exposing Corruption
During planning,designing and execution of the project he found deficiency and corruption in every stage. He termed the project as "Great Loot Of Public Money" in the subject of confidential letter addressed to then Prime Minister.

{A dream project of unparalleled importance to the Nation but in reality a great loot of public money because of very poor implementation at every state.}

The GQ project had strict controls to ensure that the construction work would be carried on by experienced firms with proper systems. A second independent contract was given for supervision of the project. However, Dubey discovered that the contracted firm had been quietly subcontracting the actual work to smaller low-technology groups, controlled by the local mafia. When he wrote to his boss, NHAI Project Director SK Soni, and to Brig Satish Kapoor, engineer overlooking the supervision, there was no action.

According to the case file after his murder (FIR), Dubey had been facing several threats following his action against corruption at Koderma. A subsequent FIR filed by the Central Bureau of Investigation (CBI) named both Soni and Kapoor.

In August 2003 when he was transferred to Gaya, a transfer which he opposed since he felt that it did not serve the interests of NHAI.

At Gaya, he exposed large-scale flouting of NHAI rules regarding sub-contracting and quality control. At this time he took a departmental test and was promoted as deputy general manager, which made him eligible to take charge as project director. Since there was no project director's post in Gaya, he was likely to be posted to Koderma soon.

There was widespread sentiment (based on their pattern of operation), that the criminal nexus, opposed to having him as director, may have been behind his murder.

Letter to the Prime Minister
Meanwhile, faced with the possibility of high-level corruption within the NHAI, Dubey wrote directly to the Prime Minister, Atal Bihari Vajpayee, detailing the financial and contractual irregularities in the project. While the letter was not signed, he attached a separate bio-data so that the matter would be taken more seriously. Despite a direct request that his identity be kept secret and its sensitive content that pointed fingers at some of his superiors, the letter along with bio-data was forwarded immediately to the Ministry for Road Transport. Dubey also sent the same letter to the Chairman, NHAI.

Soon Dubey received a reprimand: the vigilance office of NHAI officially "cautioned" Dubey for the impropriety of writing a letter directly to the Prime minister. In the process, through connections in the NHAI and the Ministry, it is likely that the letter may have reached the criminal nexus running the highway construction projects in Bihar.

Following the event, pressure is mounting in India to incorporate a Whistleblower Law.

Contents of the Letter
The letter said the NHAI officials showed a great hurry in giving mobilisation advance to selected contractors for financial consideration. "In some cases the contractors have been given mobilisation advance just a day after signing the contract agreement."

"The entire mobilisation advance of 10 per cent of contract value, which goes up to Rs 40 crore (USD 10 million) in certain cases, are paid to contractors within a few weeks of award of work but there is little follow up to ensure that they are actually mobilised at the site with the same pace, and the result is that the advance remains lying with contractors or gets diverted to their other activities," it said.

Dubey also highlighted the problems of sub-contracting by the primary contractors.

[But in reality, they are getting most of the work done through numerous small petty contractors (main contractors are supplying only a few critical equipment & materials) at 50-60 per cent of the price quoted by them and the rest 40 per cent of contract price is being pocketed by them without much effort. In the process, the main contractors are working just like commission agents.] – Letter of S.K. Dubey addressed to Prime Minister Of India.

"Though the NHAI is going for international competitive bidding to procure the most competent civil contractors for execution of its projects, when it comes to actual execution, it is found that most of the works, sometimes even up to 100 per cent are subcontracted to petty contractors incapable of executing such big projects," he said. Everyone in the NHAI is aware of the phenomenon of subcontracting but turned the other way.

"I have written all these in my individual capacity. However, I will keep on addressing these issues in my official capacity in the limited domain within the powers delegated to me," the letter said.

Assassination
On November 27, 2003, Dubey was returning from a wedding in Varanasi, and called his driver to meet him at the station. He reached Gaya railway station at three in the morning, and found that the his car was not able to come because of a battery malfunction.

It appears that at this point Dubey decided to take a rickshaw home. When he didn’t reach home, his driver went to look for him and found him dead by the side of the road in the suburb of A.P. Colony. He had been shot.

The news ignited tremendous public hue and cry. The matter was raised in Parliament, and the Prime Minister shifted the onus of investigation from the Bihar Police (who might themselves be implicated), to the CBI.

A foundation, SK Dubey foundation, was set up to fight corruption in India.

The CBI registered a case against unknown persons under 120-B (criminal conspiracy) and 302 (murder) of Indian Penal Code and various provision under Arms Act on December 14 2003.

The Investigation
In early investigations, the CBI interrogated the rickshaw puller Pradeep Kumar who was caught using Dubey's stolen cell phone. The mobile phone was switched off for about a fortnight after the murder, but then Kumar called his 'second wife' in Kolkata, following which the CBI traced the rickshaw puller to his slum in Gaya. Although Kumar had a criminal history in similar cases of robbery, it appears he was released after interrogation, and could not be traced a month later.

Two other suspects, Sheonath Sah and Mukendra Paswan, were questioned by the CBI. They were found dead from poisoning on February 1, 2004, within within 25 hours of the CBI questioning. Sah's father lodged an FIR against the CBI with the Bihar Police, but CBI Director Umashanker Mishra called their deaths a suicide in a press meeting a few days later.

The CBI concluded its investigations and four persons were charge-sheeted on September 3, 2004. Based on testimony by Pradeep Kumar, who was his rickshaw puller, the event was presented as an attempted robbery. Because Satyendra put up a fight about giving up his briefcase, he was shot.

The person accused of actually shooting Dubey with a country-made pistol was Mantu Kumar, son of Lachhu Singh, of Village Katari, Gaya district. Accomplices with him included Uday Kumar, Pinku Ravidas and Shravan Kumar.

Murderer Escapes
On September 19, 2005, while the case was being heard in Patna, Bihar in the court of Addl. Session Judge, J M Sharma, Mantu Kumar escaped from the court premises, leading to widespread allegations of police complicity. While Mantu was being held at the high security Beur Jail, the invigilation can be lax during such court appearances, and it is a common tactic of the mafia to organize a few policemen to make it possible for the criminal to escape.

It was felt that the escape was engineered by higher-ups who may have executed the murder through Mantu Kumar.

The CBI announced a cash reward of Rs. 1 Lakh for apprehending Mantu.

A month later, Mantu Kumar was arrested from near his home in Panchayatee Akhada in Gaya. He had apparently been living in Gaya town and working as a rickshawpuller.

Who ordered the murder
Now, it is quite possible that Dubey may have been the victim of a simple robbery during which Mantu Kumar shot him, as alleged in the case filed by CBI. However, given the death and disappearance of several witnesses and the startling escape of the prime accused, there is wide-spread speculation that vested interests may have engaged the criminals who actually pulled the trigger.

As for the GQ project, the Supreme Court is currently overlooking investigations into the corruption charges initially raised by the Dubey letter. Several official have been indited and a technical team is overseeing the actual construction.

Also, as of September 2005, news reports indicated that the law ministry was about to introduce legislation to protect whistleblowers.

Meanwhile, on February 10, 2006, a 600 meter stretch of the highway connecting Kolkata to Chennai subsided into the ground, opening up ten meter gorges near Bally, West Bengal 2. This stretch had been completed a year back by a multinational firm, selected after global tendering.


Fighting Corruption
It is a testimony to fickleness of public memory that there was little hue and cry about Mantu Kumar's escape. Fortunately he was re-arrested.
However, even if it establishes these men as the actual perpetrators of the murder, the motives for the murder remain to be clarified...

However, the fight against corruption in India continues. Unfortunately it continues to claim lives.

A kindred spirit of Dubey, Manjunath Shanmugam, was a graduate of the prestigious IIM Lucknow, 2003 batch. Manju was working as a Sales Manager with Indian Oil Corporation Ltd (IOCL), and refused bribes and ignored threats in his drive to check rampant adulteration of petrol in the pumps owned by the erstwhile monopoly Indianoil. On November 19, 2005, he was shot dead in Lakhimpur Kheri, allegedly by a petrol pump owner and his gang.

Legacy
Dubey's murder drew several protests in India and abroad, especially by the media. Student and Alumni bodies of IITs took the lead in raising this issue. S. K. Dubey Foundation for Fight Against Corruption in India was launched to systematically fight against corruption. IIT Kanpur instituted an annual award in his name, Satyendra K Dubey Memorial Award, to be given to an IIT alumnus for displaying highest professional integrity in upholding human values. Arvind Kejriwal, a recipient of this award, went on to receive the Ramon Magsaysay Award as well. Indian Express had also announced a fellowship in the name of Dubey.

Satyendra Dubey was recognised posthumously by several awards, which included the Whistleblower of the year award from the London-based Index on Censorship, the Transparency International's Annual integrity award and the Service Excellence award from the All India Management Association.

Also Read : Article From Rediff.com

Source : Wikipedia