Amnesty and rule of law

Last year in Kashmir was very bad.The whole summer we had disturbances.We lost more then 100 children to the bullets.A day before CM announced 'Amnesty' to those stone pelters who were not involved in acts of arson or causing damage to property.According to press reports 1200 boys are getting to be benefited,which means 1200 children were in jail for a year for stone pelting.
I wrote on my tweet that even if these boys had been convicted in a trial they would have not got a sentence of one year,therefore where is the question of amnesty.they underwent a sentence for a period more then what they could get even if charges against them had been proved.
Some friends have taken exception to my comments.As i could not reply in 160 letters i decided to blog.Those of my followers who know my background will realise my commitment to rule of law.On that principle there can not be compromise.Those who have read my earlier blogs will bear me out ,that i only plead for adherence of rule of law.
If a man like Ajmal kasab has a right to fair trial can this right be denied to children accused of stone pelting without causing any damage to any person or property
If any police man got killed or injured by stone pelting,persons responsible should get punished through due process of law.similarly if 120 children were killed,the justification or otherwise of such acts should also be decided through due process of law.
I neither condemn any act nor approve any act,because i am not in a position to know full facts of each incident.May be police was justified,may be not.May be a stone pelter was justified may be not.THESE QUESTIONS NEED TO BE ANSWERED BY COMPETENT INSTITUTIONS.
In a civilised society u can not keep a person in custody for years with out trial.If people at the helm understand this basic principle you may have not to decide 'Kashmir issue'

DON'T BURN YOUR SHIRT FOR KILLING A LICE

'We the people of India----enact and give to ourselves this constitution'. This is the preamble of our constitution and every Tom, Dick and Harry for some time now has been repeatedly quoting first three words of preamble, i.e. 'we the people'. These people forget what has been the resolution of people of India - The resolution is that people of India will govern themselves in accordance with provisions of the constitution.

The constitution broadly creates a federal structure for governance. It envisages elected legislatures for central and state governments. It also ensures elections at regular intervals.
I have no dispute with those who believe corruption is all pervasive in this country and very serious efforts are needed to get this menace under control. I also agree that the parliament and state legislatures have failed in their duty to give people of India a clean, efficient and responsive govt. As such one can not have any dispute with Shri Anna Hazare.

In order to make parliament to do what people of India want them to do, people of India are also bound by the constitution. As u can not have an extra constitutional executions u can not have legislations by extra constitutional powers. Unfortunately never in any elections so far has corruption been presented as an issue.
The question could be asked, how do we make parliament to pass an effective anti graft law? The answer would be make it an issue go to people, come to power and legislate. If it is not possible create public opinion in favour of your thoughts so that political parties at elections promise to do what u want them to do OR raise the public opinion to such a pitch that the rulers make the laws u want them to make.
In such a case, govt of the day should get scared of a possible defeat in next elections.
In this scheme of constitution there is no scope for coercion. Anna's methods cannot be supported by anyone who believes in constitutionalism. These methods are dangerous. Anna has been able to collect a few lakh of people across the country and is fasting. Unless parliament signs on dotted lines he will not break his fast.
Maybe he is doing it for a good cause. However, if this becomes a precedent, it could be used for dangerous causes too.
Imagine Shri Narindar Modi going on fast till Muslims are disenfranchised. Can't Mr Modi collect more people then what Annaji has been able to collect?
We have problem of corruption. Fight against it but not at the cost of system. After all, what makes India different then those countries which got Independence in last century? It is the institutions it has built. Don't destroy them. Improve there functioning.
I will close this blog with an old Kashmiri proverb, 'u don't burn ur shirt for killing a lice'

OOPER KEE KAMAI SAY HE GUZARA

Whenever an institution is created and established, the creators prepare a blue print -Why the institution is created, what will be expectations from that institution, and what will be function and duties of persons who man such an institution.
Decades before, I must have heard english proverb, 'cart before horse'. For the first time, but its meaning I have clearly understood now.
With great enthusiasm we elected thousands of punchs and surpunches but without knowing any thing about their job.
These elections were interpreted differently by different people,but the fact is they created a hope.
Since these people do not know what are they expected to do,they are individually trying to create a job profile for themselves. They are elected but do not know anything about their duties, have no remuneration, and have started making a fortune out of uncertainities.It is reported they have become 'sufarishies' for a price. They interfere in govt functioning, one punch reportedly even went to the extent of closing down a school. Another reportedly thrashed a block official. Some of them are seen permanently in tehsil offices. It appears govt has taken a lesson from an old story related to Maharaja of Chenani, the story goes as follows:
Maharaja appointed an IGP who was a retired DSP of Maharaja Hari singh's police. Chenani had no criminal code or criminal law, and thus the IGP was law to himself and he was enjoying. The only worry he had was that he was not getting his salary, so he made an application after six months to Maharaja for release of his salary.
It is said Maharaja wrote in reply to his application - KHAZANAY KEE HALUT PUTLEE HAI FILHAL OOPER KEE KAMAI SAY HE GUZARA CHALAYA JAAYE.

ASHRAF'S ADVENTURES

Mr. Ashraf is writing a travelogue which is being published in a local daily in installments. There must be many enjoying 'Ashraf's adventures' as he titles this travelogue.
Every installment highlights in a box and in bold letters, 'DURING MY TENURE IN STATE TOURISM I HAD THE OPPORTUNITY OF TRAVELING TO AMERICA, EUROPE AND MIDDLE EAST, SOME OF THE JOURNEYS WERE QUITE ADVENTUROUS AND EXCITING'
I read this travelogue as an obituary of my motherland.This man traveled the globe at the cost of the State. Enjoyed air travel, five star hotels, chauffeur driven Merc's and what did the state tourism get in return? This story is not of one Ashraf. We have seen thousands of them. Politicians bureaucrat's and power brokers. Many of them have reportedly properties worth billions across the globe.
This is the real story of Kashmir and its miseries,we have been feeding parasites who have been sucking our blood. We don't have even a walkable foot path around boulevard. Our grand children may have to go to Chandigarh to see a lake.
If i were somebody i would use this travelogue as charge sheet against Mr Ashraf and many others.