Tuesday 29 April 2014

Dumbfounded!


In a debate on a Tamil television channel on the attack of some self-proclaimed ‘Tamil nationalist’ outfits on the TNCC office in Chennai, the spokesman of one such outfit vociferoulsy and noisily defended their ‘democratic’ right to protest against the stand taken by the Congress party on the release of seven convicts in Rajiv Gandhi assassination case.
The representative of the Congress party tried to defend his party’s stand and at one point, he said his party did not adopt resolution for sending the Indian army to Sri Lanka to arrest LTTE chief Prabhakaran and bring him to India to stand trial in the case, did not say during the final phase of the war there that it was not the intention of the Lankan army to kill Tamils but in any war collateral loss of innocent lives was inevitable, did not accuse the LTTE of using innocent people as human shield in its war against Lanka troops, did not condemn DMK President Kalaignar for penning an elegy on the death of Tamilselvan, spokesman of the political wing of the LTTE etc., and posed the question to these outfits as to where were they and what were they doing when a leader in Tamil Nadu was raising all these hullabaloo?
Thereafter the noisy spokesman was dumbfounded!         

Whither Media in TN?


With a Hindi news channel exposing the tailoring of opinion polls in return for money and call for curbing such polls altogether, the issue of Freedom of the Press has again become a topical subject for acrimonious debate all over the country. But what does Freedom of Expression for the media in Tamil Nadu imply? No one seems to be demanding a dispassionate debate on the conduct of the media in the State and whether this precious freedom, won by sacrifices, is exercised or mortgaged by the print and electronic media in Tamil Nadu.
As DMK President Kalaignar has pointed out, the dailies in Tamil Nadu systematically covered up the shameful developments taking place in the Bangalore Special court in the Disproportionate Assets case against Tamil Nadu Chief Minister Jayalalitha. Not only now in this matter but also in all other cases like the Income Tax Returns case, Election Commission case against her for filing nominations from four constituencies in 2001 Assembly election etc. the dailies and television news channels completely covered up the proceedings in the Supreme Court and strictures passed against her by the court.
Even ‘The Hindu’ and ‘The Times of India’ which were regularly publishing proceedings in the disproportionate assets case, completely stopped publishing them since Jayalalitha moved the Supreme Court for the retention of Bhavani Singh and Special Public Prosecutor and M.S.Balakrishna as judge of the special court even after retirement. Had such bizarre demands been made by any other accused in political arena, they would have published editorials and columns by eminent jurists.
As the trial in the case is coming to a close despite all her Machiavellian attempts to delay proceedings, the media in Tamil Nadu is more loyal than ADMK minions in covering up the adverse reports that would impede Jayalalitha’s Prime Ministerial ambition. If only a Mulayam Singh or Lalu Prasad aspire to become Prime Minister, just imagine how many stories the media would unearth to tarnish their image to scuttle their ambition. But they go out of the way in safeguarding ‘the reputation’ of the lady.
To bolster the image of Jayalalitha and safeguard it against damages, they perform direct and indirect services. Direct service is provided by extensively covering government releases and her statements and speeches read out by her. But indirect service is a bit more difficult as they have sell out conscience and mortgage journalistic ethics because it involves suppressing truth and reason. For instance, almost all dailies and channels claim that there is no discernible discontent and disgust against the ADMK government three years after they came to power, knowing the reality pretty well by their own experience- all sections of people are disgusted with long durations of unannounced power cuts, which is bound to increase with demand for power increasing manifold with summer season, price rise, drinking water scarcity, deteriorating law and order situation and all round failure of this regime in all fronts. 
On their own the media do not expose the misdeeds, failures, all-pervading corruption etc of this regime and also cover up the statements of Kalaignar and other opposition parties. They carry out news analysis for all other States and the Centre, closing their eyes and ears to the happenings around them. None of them questioned the sheer waste of people’s tax money by this regime immediately on assuming office by reversing all constructive steps taken during the earlier rule. Everybody knows that it was whimsical for Jayalalitha to abandon the new Secretariat/Assembly complex at Government Estate constructed at a cost of nearly Rs.1,000 crore, about which they (the media) had all lavished praises earlier, and again spending crores to remodel it as a hospital. There was no whisper at this colossal waste of public money to buttress the ego of an individual.
While they dutifully publish her charges against the Centre that it was giving step-motherly treatment to TN, they do not question her for wantonly hampering huge infrastructure projects implemented by the Centre in the State like the Rs.1,800 crore Chennai port-Maduravoyal elevated expressway, highway projects of the NHAI at a cost of more than Rs.25,000 crore etc., about which they must be more concerned than political parties and public.
Unresolved power crisis and the negative attitude of this regime towards infrastructure projects have cost the State very dearly in terms of industrial development, attracting investment and GDP growth rate. While the entire media in TN turned Nelson’s eye to reality in the State, it was for NBC-TV18’s Poornima Murali to report that Tamil Nadu has lost its status as a top investment hub in India due to the increasing number of stalled infrastructure projects across the state. the report on August 13, 2013 stated:
“Once touted as the ‘Detroit of South Asia’, Chennai seems to have taken a U-turn in the wrong direction somewhere along the way. With manufacturing growth sputtering due to lack of power and infrastructure bottlenecks, projects worth Rs 25,000 crore are in limbo in the state, reports CNBC-TV18’s Poornima Murali. The much-hyped Chennai Port -Maduravoyal project announced three years ago with the PM himself laying the foundation stone, is yet to take off. This is a site through which the 19-km elevated road connecting the two major industrial hubs of Oragadam and Sriperambadur to the Chennai Port was to have run. If completed, this would have been the longest elevated corridor project in the country. But problems with land acquisition and a blame-game between the project developer — the National Highway Authority Of India (NHAI) and the Tamil Nadu government have forced the NHAI to call for the closure of this Rs 1,815-crore expressway. And that’s just one of the projects. The Ennore Manali Road Improvement Project commissioned in 1998 has been under implementation for the last 15 years and is yet to be completed. Abdul Majeed, leader, PwC, says, “A few projects have been stalled because of various reasons — either regulatory approvals have been given while no land was acquired or regulatory approval is awaited even after the land has been acquired.” At a time when Tamil Nadu is reeling under a 4,000MW power crunch , some of the major power projects including Videocon ‘s 1,050MW project, the1,600MW project at Udangudi, IL&FS’ 4,000MW project and BGR ‘s 1,320MW project, are in limbo. A recent study by Assocham have revealed that while Tamil Nadu has attracted investment proposals worth R s 10 lakh crore as of June 2013, over 40 percent of these projects are still in the announcement stage, 2.5 percent have been stalled and there is no information regarding 4 percent of the projects. Says, DS Rawat, national secretary-general, Assocham, “Most of the stalled projects are because either the land has to be acquired or the environment clearances are yet to be received. It will be very difficult if projects worth Rs 25,000 crore do not see the light of day.” While the State government is trying to do its bit by inviting more private sector participants to invest in infrastructure projects, it’s clearly not enough. As Tamil Nadu- earlier ranked fourth in attracting investment proposals with MNCs like BMW, Hyundai, Ford, Samsung and Nokia having invested in the state — has now slipped to the sixth position in the country”.
Aided and abetted by the media in Tamil Nadu, directly and indirectly, the regime of Jayalalitha not only brushed aside the sane advices and pleas not to hamper on-going massive infrastructural facilities in the interest of development and progress of the State, but also remained reticent and developed audacity to move an appeal against the Madras High Court  judgment clearing the Elevated Express Highway Lane (EEHL) project linking Chennai Port and Maduravoyal by a 19-km road. Finding fault with the High Court order, the State said “the High Court referred to the fact that EEHL is a project in public interest and therefore, it should be allowed to be completed, totally overlooking the fact that larger public interest would be affected if such additional 32 pillars are constructed inside river Cooum. Equally, advantages by construction of EEHL are comparatively not so great.” The SLP sought quashing of the impugned judgment.
Earier, the Madras High Court on Feb 20 gave the green signal to the Rs 1,800 crore Chennai Port- Maduravoyal Elevated Corridor while allowing a writ petition filed by the National Highways Authority of India (NHAI).The Division Bench comprising Justices N Paul Vasanthakumar and P Devadoss set aside the January 28, 2013 order of the state Public Works Department to stop work of the elevated corridor project. The Bench also quashed the March 29, 2012 order passed by the PWD Chief Engineer to stop the work of elevated Corridor.
The Bench said the decision to construct the expressway is a policy decision taken in public interest after studying the feasibility report at the instance of Government of India, Ministry of Shipping, Road Transport and Highways in consultation with NHAI and Tamil Nadu government and the same was ordered to be implemented by the State government. The bench further stated the policy decision was taken bearing in mind traffic congestion in Chennai, for free movement of cargo and vehicles to Chennai Port Trust round the clock. It said narration of the fact and study of the project has revealed that no one can deny that the express highway is an imminent necessity. For decongesting traffic and to create alternative necessity, the elevated express highway is required to mitigate traffic congestion and for movement of containers to the port.
A decision to have an elevated expressway from Tambaram to Chennai Port and one from Maduravoyal to Chennai Port at 19 km distance was conceived and accepted by the Central government, state government at the instance of Chennai Port Trust in consultation with NHAI, an expert body.
A stop work notice was issued on February 1 2012. On January 28, 2013 an order was passed to obtain necessary permission from the state government after fulfilling corrective measures and to get revised CRZ clearance. Construction activity of the mega project was stalled due to the notice, which NHAI challenged by way of PIL, praying for issuing directions to complete the project. The judge, quoting an apex court judgement, said advantages in completing the project outweighed alleged disadvantages and directed state PWD to co-ordinate and monitor free water flow along with NHAI and concessioner in Cooum River and all should work in tandem for early project completion/.
But the Jayalalitha regime, tenaciously maintains that advantages by the constructions of this elevated expressway was ‘comparitively not so great’. Can anyone make any sense with this argument. But still it goes unchallenged by the pliant media in Tamil Nadu. Similarly there had been not even a whisper or criticism on the State government stalling so many on-going highway projects causing loss of seven thousand crore rupees to the government exchequer. Will the self-professed informed and enlightened English media kept quiet had any other State government hamper so many projects of the Centre for the benefit of the respective State even while crying hoarse of ‘step-motherly treatment’ meted out to that State by the Centre?
Not only in such matters of infrastructural projects, but also in political and social matters the print and electronic media in the State never take critical approach to the changing and opportunistic stands of Jayalalitha and repeat ad verbatim whatever she states now while in the case of leaders of other political parties, particularly Kalaignar and DMK they trace back history of 60 years to ‘bring out’ seeming contradiction. For example, the English media do not fight shy to project her and one daily going up to hailing her as ‘emerging leader of world Tamils’, as champion of Eelam Tamils’ cause. It only they refer to their own records prior to April-May 2009 they can find out how much opposed she was to the very term ‘Eelam’ and how every statement of her were widely and prominently published/ aired by the Sinhala media. Almost in every issue, Jayalalitha has no permanent and firm stand and takes up different and even contradictory stands that bring her the most political benefit at a particular point of time. But the media conveniently closes its eyes and ears and willingly serve her game plan of hoodwinking people.
Knowingly or unknowingly but quite willingly, the media in Tamil Nadu are collaborating with and abetting the regime of Jayalalitha in creating a State of make-believe by lies, blatant lies and fictitious statistics, even while every sector in Tamil Nadu is fast deteriorating and every section of the society lament their mistake in voting her to power in 2011. The posterity definitely will not forgive both-Jayalalitha and the media!

Credibility, integrity of opinion polls at stake!


A sting operation by a Hindi news channel appeared to show opinion polling agencies willing to manipulate the results on behalf of political parties for a price.
The contents of the sting operation conducted by News Express and aired first at a press conference on Feb 25 afternoon and then on the channel. Undercover reporters for the channel approached 13 polling agencies and were turned down by two (AC Nielsen and the Centre for the Study of Developing Societies). The remaining 11 offered to manipulate, to various degrees, their findings to suit the interests of a political party, the channel claimed.
C-Voter appeared to offer to raise the margin of error from 3 to 5 per cent to allow more seats to be shown for one political party or the other, the channel claimed.  The India Today group, which has in the past commissioned polls from C-Voter, announced the same evening that it was suspending all opinion polls by C-Voter for the group and had issued it a show-cause notice.
Another pollster featured in the sting, QRS (Quality Research and Services) appeared to be telling the undercover reporter that he had projected 200 seats for the BJP in Uttar Pradesh under one agency’s name and 200 for the Samajwadi Party under another agency’s name.
The global market research company Ipsos’s Indian head too appeared to offer to use margins of error to favour a party and project “fence-sitting seats” as belonging to the party in the media, even while privately informing the party of the “real” situation.
Mid-stream Marketing Research’s director Sanjay Pandey offered in the clip to manipulate survey data, the channel said.
A Development and Research Services (DRS) representative appeared to offer to delete unfavourable data, but a company representative said the person had since resigned.
Lead Tech Management Consulting’s Vivek Singh Bagri said the undercover reporter had put words into his mouth, and while he had played along at the meeting, he subsequently sent an SMS refusing to do anything unethical.
Five other little-known pollsters could not be contacted for comment as no official representative was available on the phone.
A number of opinion polling agencies approached by undercover reporters agreed to manipulate poll data, a television news channel has claimed, sparking a fresh controversy in a heated election season as senior ministers and political parties called for an investigation.
Clips from the sting operation aired by the channel showed many pollsters agreeing to produce favourable numbers by leveraging the so-called margin of error, a statistical concept meant to indicate the quality of sampling and the accuracy to be expected from survey results. “For a price, the prediction of seats tally can be changed to suit the interests of political parties.
 The agencies have no qualms accepting even black money for this purpose,” the channel, News Express, said in a statement. Representatives from these agencies are seen responding variously to the undercover reporters, who posed as consultants for political parties.
Congress and the Aam Aadmi Party called for an investigation. Union Law Minister Kapil Sibal urged the Election Commission to urgently take up the matter. “This (the expose) is a very serious development. It shows these agencies are trying to manipulate public opinion. It is nothing but paid news, manufactured to serve vested interests. This is an extremely serious offense that warrants a full-fledged inquiry... I also call upon the Election Commission to take all effective steps to ensure such shady operators are not allowed to manipulate the public opinion in the run up to the elections.”
In November last year, the Election Commission had written to the government asking that a law be passed to restrict release of opinion poll results after the notification of elections. Fourteen out of fifteen national parties had agreed to the proposal.
It is no surprise that the BJP is opposed to the proposal, saying such a move would impinge on freedom of expression, because it is that party and its Prime Ministerial candidate Narendra Modi who are the sole beneficiaries of opinion polls of sorts so far in creating an illusion of  a ‘Modi wave’ sweeping through the nation.
 “We got the idea for the sting operation from the Election Commission letter. And then the fact that there seemed to be a new opinion poll almost every day now. Everybody is a pollster and a psephologist it seems,” said Vinod Kapri, editor in chief of News Express.
Congress spokesperson Rashid Alvi said the sting operation confirmed the party’s long-held position that the integrity of opinion polls was suspect. Aam Aadmi Party spokesperson Ashutosh said the tapes should be investigated and those found guilty should be prosecuted. “It is the channels which engage agencies and the agencies which conduct these opinion polls.
There’s a puzzle. Opinion polls, which newspapers and TV channels conduct before elections, sometimes get their predictions some what right, sometimes dead wrong, often in between. Many voters, and indeed politicians, eagerly await the outcomes of surveys to assess which way the wind is blowing, but parties for whom they spell doom often raise the spectre of polls being “motivated”. These parties are shrillest in their call for a ban on opinion polls, while those whose prospects appear rosier beam in the ‘feelgood’ created by such surveys. How does one make sense of the scepticism and the frenzy that seem to go hand in hand?
The loudness of the Congress’s call for a ban is proportional to the scale of opinion stacked against it. Whether it would have sought a ban if surveys had veered even remotely in its favour is anybody’s guess. Similarly, there’s no surety how the BJP, now shown as a frontrunner, would have behaved if the popular mood had seemed against it. The Election Commission, in receipt of petitions from the Congress, is seeking a ban on opinion polls by asking the government to bring in the requisite law. In the recent past, the EC has banned publication of exit poll results till the last vote had been cast.
This thumbnail sketch does not fully describe the richness or complexity of the situation. For one, there is a lot of scepticism about the process of opinion polls among the political class. Even electorally well-placed parties such as the BSP, JD(U) and TMC are against them. Second, neither opinion polls nor the debate about them seem to factor in the smaller parties and independents whose views—and cumulative effect on elections—get systematically overlooked.
So should opinion polls be seen as just another seasonal tamasha in the run-up to the real event, much like the high-decibel TV debates and opinions in print? Or, because pollsters can get their predictions wrong, can it be asked if they are spreading disinformation? Do the polls have the ability to swing votes in favour of a party on D-day? Equally important, is freedom of expression at stake here?
That opinion polls generate a lot of heat in the media is beyond doubt evident in the space and airtime devoted to them. As for their benefits in an age of politician- or corporate-owned media, the question is answered by Bhaskar Rao, director, Centre for Media Studies, credited with having started opinion polls in the country. “A quarter or more of news media is under control of political interests and corporates, raising the question of motives. What a poll survey brings out and projects is context-specific, and its relevance and even accuracy would altogether be different in a different context and at a different time, making the very exercise futile, even misleading. Taking recourse and linking the concern in this regard to press freedom or free speech is an industry perspective meant to divert the core issue,” says Rao.
 On the other hand, the constitutional fathers have guaranteed the freedom of expression. “The freedom of expression includes the right to express and communicate the same,” says Ashok Desai, former attorney general of India. “The restrictions on this freedom are also spelt out in the Constitution and the courts have always taken note of it,” says Desai.
Incidentally at an all-party meeting in 2004, the EC had recommended some restrictions on the publication of results of poll results. As of now, the ban on election survey results 48 hours before the elections is binding on the media. This was done on the apprehension that such surveys influence voting.
However, there is, as of now, no scientific study to prove opinion polls influence voter behaviour. But in the battle of perceptions, opinion polls do come in handy for political parties. 
(Design: Courtesy ‘Outlook’ magazine)
The final sanctified outcome, of course, is known only when the results are out. The surveys, say some, are a subversive threat. The threat lies, they say, in their ability to influence the voter. Hence the need for greater transparency in how they are conducted. Influence, however, is confined to the 4-6 per cent undecideds likely to cast their votes, which, in terms of seats, can swing in favour of any party.
Do opinion polls force people to come out and vote? Take the examples of Mumbai and Delhi, which have the lowest turnout in elections, compared to other cities. They also happen to be places where media and opinion-makers are concentrated in large numbers. “Are opinion polls actually preventing voters (in scientific parlance they are called pre-emptive polls) from coming out to vote following projections of a clear winner?” In other words, does the voter think that, since a particular candidate is winning anyway, why bother to vote? There are no easy answers.
But one thing is for sure: a ban is certainly not the solution. Some call for transparency in the manner in which such polls are conducted and says pollsters should stop short of predicting the actual seats. The way out, as suggested by some pollsters themselves, is mandatory disclosure on the sample selection and its social profile as well as the sponsors of the polls. In the proliferation of media and the questions being raised about media groups’ ownership, the opinions displayed by them would carry greater credibility if the track record of the pollsters is put on display. A greater rigour going into analysis rather than merely predicting the outcomes of political parties will go a long way in informing the voter at large.
But what with the latest exposure, such ideal conditions are long way to go ant till then the credibility and integrity of opinion polls would be at stake and for people at large it is better to keep themselves uninfluenced by any!

As is the CM, so is the regime!

It is a well known fact that Tamil Nadu Chief Minister Jayalalitha has acquired international notoriety as ‘the Queen of Adjournments’ (Vaaidaa Raani) by seeking hundreds of adjournments in the trials of criminal cases against her only to protract the case and to be repeatedly pulled up by the courts.
Just like the proverb ‘As is the king, so are the people’, the regime led by her in Tamil Nadu is proving ‘As is the Chief Minister, so is the regime led by her’!
Additional Solicitor General P. Wilson  pointed out to the Madras High Court Bench headed by the Chief Justice that TN government has so far sought adjournment of hearing 35 times in the Chennai Port-Maduravoyal elevated expressway case for purposefully delaying the case, on which the Chief Justice said he did not want to hear the case and transferred the case to another Bench consisting of Justices Paul Vasanthkumar and Devadoss. When the case came up for hearing before this Bench on Jan 31, Advocate General of the TN government asked for some more time to file the affidavit which the ASG opposed. Thereafter, the Justices have observed that the court could not permit seeking adjournments continuously, it was learnt that the government counsel had given a letter to the Chief Justice for the fifth division bench to hear the case and asked how the government could ask a particular bench to hear the case which was wrong.
When the case again came for hearing before the bench on Feb 5, the judges have asked the government counsel, “Should not a bridge be constructed via Cooum river? Was not Pamban bridge constructed across the sea? There is nothing wrong in constructing a bridge across Cooum”. The hearing continues.
Citing the High Court proceedings, DMK President Kalaignar on Feb 6 said let us wait and see when the stay given by the ADMK regime due to political animosity to this project started during DMK rule to reduce traffic congestion in the city and to upgrade basic infrastructural facilities and also to improve the effective functioning of the Chennai port.

Putting cart before horse: ‘Dynamic’ Fare structure for Static ADMK project!

Recently there was a report in an English daily, obviously planted by some over-enthusiastic and super ambitious quarters in the ADMK regime, on the fare structure to be followed in the monorail system in Chennai announced by Jayalalitha immediately after coming to power in May 2011 with much fanfare just for the sake of rivaling successful Metro Rail project, conceived, approval obtained and funded by the previous DMK rule and continues to be executed by the authority concerned.
In spite of the veteran of urban rail projects and at present the Chief Adviser of Delhi Metro Rail Corporation E. Sreedharan, popularly known as Metro Man, pleading with the ADMK regime to give up the proposal of Monorail project, which was not only grossly inadequate to cater to the needs of a populous city like Chennai but also proved to be a failure all over the world and instead execute the Phase II of the Chennai Metro rail, which was halted by this regime, the Jayalalitha regime remained reticent.
However, works relating to the monorail project never took off except routine announcements in the Assembly now and then. However, after recently Jayalalitha flagged off the trial run of the Metro Rail from Koyambedu, she seemed to have seen the fruits of the project and futility of her pet monorail project because in the Governor’s address to the Assembly this year it was stated that “the State government will ensure faster clearance from the Centre for the Washermenpet-Tiruvottriyur Metro Rail corridor, besides taking up a detailed project report for Phase II of the project in newly identified corridors. The Metro Rail work was progressing well and so far, and Phase II of the Chennai Metro Rail project is necessary for maximum utilisation of the scheme aimed at traffic de-congestion and enhanced connectivity”.
However, soon after there was a report last week that the State government has decided to approach the Japan International Cooperation Agency (JICA) to fund one of the two corridors of the Chennai Mono Rail Project - Vandalur-Velachery, even as pre qualification bids have been floated for the other corridor - Poonamallee to Kathipara.
As per a conservative estimate, the cost of the 23-km-long Vandalur-Velachery corridor will be around Rs. 4,000 crore. Those who are part of the project formulation say it may take a year for completing all the formalities with the JICA.
As for the Poonamallee-Kathipara corridor, it is for the project developer to raise funds. For this, against the original two alignments, the authorities have made it into one, by including essential features of the now-abandoned Poonamallee-Vadapalani corridor. Apart from Vadapalani, areas such as Valasaravakkam and Virugumbakkam will be covered. The estimated cost of the Poonamallee-Kathipara corridor has been reduced to Rs. 3,235 crore, against Rs. 8,000 crore earlier.
It is to be noted that it is for the third time that the bidding process has been initiated for the Chennai Mono Rail Project, one of the flagship projects of the present ADMK government, for reasons best known only to the rulers.  Between August and December 2011, the first round of the bidding process was carried out, by inviting request for qualifications. Not satisfied with the limited number of participants, the authorities decided to start the process afresh. In the second round, a couple of prospective promoters were shortlisted, but eventually, these firms did not participate in the bidding process. About six months ago, the tender was allowed to lapse, says an official. This is why the authorities had to go in for the third round.
The authorities have used the passage of time to fine tune features of the project. As per the revised scheme, the Poonamallee-Kathipara corridor over a distance of about 21 km will be served by 16 stations. Among the planned stations are Karayanchavadi, Kumanananchavadi, Iyappapanthagal, Ramachandra Medical College, Porur Lake, Porur and Nandambakkam. A link has been provided from Porur to Vadapalani.
It has been said that by July, the entire bidding process will be completed, according to the schedule drawn up by the authorities.
As for the monorail’s Vandalur-Velachery corridor, the funding arrangement will based on that of the Chennai Metro Rail Project. It is the Japan International Cooperation Agency (JICA) that is funding the project in the form of a loan. The official says the loan for the Vandalur-Velachery corridor may either be taken by the government or by the executing agency.
When the scope of the project and the biddings themselves have not been finalised and confusions seemed to be looming large, may be as a face-saving step the authorities are issuing notifications, as if the yet-to-take-off project is alive and kicking.
According to another report in a daily, the Transport department has come up with a “dynamic fare structure” for the ‘upcoming’ monorail project. The base fare has been set at Rs 10 for 2 km, and the operator can charge up to 25% extra during peak hours. The operator can designate only four hours a day as peak hours, and he can offer discounts during off-peak hours. “To avoid doubt, the differential fare shall be with reference to the time of entry of the user in the respective train,” read the fare notification from the Transport department.
Sources in the department said dynamic fares are a way to provide operators incentives to put their own money into the project. “Unlike metro rail, monorail is built on a PPP (public private partnership) model. So we have to give the operator some freedom to decide fares,” said a source from the department.
The project is being executed under design, build, finance, operate and transfer ( DBFOT) scheme and the funds required are estimated to be Rs 16,650 crore. Of this, the government has agreed to pay Rs 970.5 crore to the operator as a grant. If there is a change in the current alignment and project cost, the proportion of grant may increase or decrease.
While the minimum fare will be Rs 10 for up to 2 km, the implementing agency will be allowed to charge Rs 13 for journeys between 2km and 4km, Rs 15 for 4km to 6km, Rs 18 for 6km to 9km, and Rs 20 for 9km to 12km. For journeys between 12km and 15km, the fare will be Rs 22.
This is expected to be the base fare when the system comes into operation, but the operator can revise fares by 5% every year. For example, if the system is commissioned on April 1, 2018, the first fare revision on April 1, 2019 will be to Rs 10.5 for 2km. The fares will be revised every April 1. This will be an automatic procedure and does not require a government notification every year. “The base fares have been set following recommendations from the planning commission. It is a simple formula that takes into account the base fare and price index of the week as well as the year,” said a source from the department. Once metro rail fares are announced, the contractor has to ensure that monorail fares are not lower. “This is because per passenger cost of monorail is higher,” the source added. Metro rail is likely to notify its fares in two months, sources have said.
It looks like the case of putting the cart before the horse...monorail project is being talked for about three years now...still in papers...and now they have decided to charge dynamic fare structure for such static project...What a fantasy?

Insensitive regime led by an insensitive CM!


The following news item was published in ‘The Hindu’ daily on January 30, 1964:-
“Sanjiva Reddi to resign
Mr. N. Sanjiva Reddi on January 29 announced that he had decided to vacate office as Chief Minister of Andhra Pradesh in view of the remarks made by the Supreme Court in the Kurnool road transport nationalisation case and he had accordingly written to the Congress President, Mr. Kamaraj, to permit him to resign. This announcement was made by the Chief Minister at a hurriedly called Press Conference after his return from Kurnool, where he had been on a tour. The Chief Minister said he did not wish to trouble the Prime Minister and, therefore, had requested Mr. Kamaraj to consult Mr. Nehru and give a decision”.
That was in those days when a Chief Minister of Andhra Pradesh was so sensitive to a innocuous remark passed by the Supreme Court on the government led by him and owning responsibility for that he offered to resign the post.
But now how is the Chief Minister of Tamil Nadu, against the government led by her the Supreme Court and High Courts of not only Madras but also Karnataka too pulled up and passed strictures not just once or twice but several times in the last two and a half years of her regime? To cite a few,
The very first acts of Jayalalitha after she assumed power in May 2011 received derisive observations, censures of the Madras High Court and the Supreme Court repeatedly.
The First Bench of the Madras High Court comprising Chief Justice M.Y.Iqbal and Justice T.S.Sivagnanam passed an interim order on Nov.4, 2011 staying until further orders the State government’s decision to shift the Anna Centenary Library in Kotturpuram in Chennai. When the matter came up on Dec.5, no counter affidavit was filed by the government side. The then Advocate General A.Navaneethakrishnan produced a letter of the Additional Chief Secretary requesting a short adjournment for filing a detailed counter. The court allowed the prayer. As the AG sought adjournment after Pongal holidays, the Bench ordered that the case be listed on Jan.19, 2012.
Those who are accustomed to or following court cases relating to the government would be surprised at the development of the State administration unable to file its counter even after a month’s time in a case challenging an important announcement made by the Chief Minister, which in the normal course would have been done after much deliberations, consultations and reviews among top officials. And, the government pleading for yet another adjournment for more than a month was indeed flabbergasting. Unless the government’s position was very weak or the decision was taken in haphazard manner without considering implications and hence indefensible. There after the case was not pursued by the government and the High Court later issued strict directives to the government on July 2012 not to rent out the premises for anything else than academic purposes.
In the case of 13,636 Makkal Nala Paniyalargal (MNPs) who were removed from service by the ADMK regime by a GO on Nov.8, Justice K.Suguna passed an order on Nov.11 2011 staying the GO in respect of two associations of the employees, Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam and Dindigul Mavatta Makkal Nala Paniyalargal Nala Sangam, whose names were provided to the court register on Nov.12 and permit them to join duty. This was following the AG advancing a flimsy ground challenging the representative capacity of the workers. Then on Nov.21, Justice K.Suguna directed the State government to reinstate all the sacked workers. The government through its counsel made a mention before the First Bench that the State wanted to file an appeal against the Single judge order and was asked to file a petition. On Nov.23, the First Bench comprising Chief Justice M.Y.Iqbal and Justice T.S.Sivagnanam dismissed the appeal and reiterated the stand of the single judge order over reinstating the workers. The judges said that the government should not treat the workers in such a manner whenever it comes to power.
Maintaining that the Tamil Nadu government before removing welfare workers from service should have given them an opportunity to be heard, the Madras High Court said the records “reveal appointment and ouster of these employees were done at the whims of the governments”.
Holding that the single judge had rightly passed the interim order, the bench said it appeared from the record that employees of Tamil Nadu Makkal Nala Paniyalargal Munnettra Sangam and Dindigul Mavatta Makkal Nala Paniyalargal Nala Sangam were initially appointed in 1990 on a consolidated monthly pay of Rs 200 and were removed in 1991 due to change of the government. The judges pointed out that with the change of government every five years the workers were reappointed and removed. Counsel for the ‘sangams’ produced a letter dated November 21 issued by the Rural Development and Panchayati Raj Commissioner to all district collectors to allow those MNPs whose names were furnished to the High Court to attend office in keeping with the court’s direction.
Yet another blow for the ruling party and justice to the public prevailed, irrespective of their party affiliation. Because livelihood is an essential component for survival, even as the sacking orders reached, the workers were distressed and some attempted to end their lives. But then they rejoiced with the court reiterating to reinstate.
Again on Nov.24 when the issue compliance of the interim order of Nov.21 came up before the Single judge, the State Advocate General informed the court that the government had filed a Special Leave Petition in the Supreme Court against the dismissal of its plea challenging the stay. However, counsel for MNPs, R.Vaigai said the SLP was against the interim order and hence the final arguments on the petitions could be continued. The AG said, “We are ready to face anything” after which Vaigai commenced her arguments on the petitions..
The Supreme Court on Nov.29 pulled up the TN government observing that there should be ‘some rule of law in the State’. The Bench of Justice D.K.Jain and Justice Anil Dave, hearing the SLP against the interim order of the Madras HC directing reinstatement of MNPs, asked the State Additional Advocate General (AAG) Guru Krishna Kumar, “What is happening in your State?” Justice Jain told AAG, “Every five years you [State] appoint them. Thereafter, you remove them, again appoint them. Is there not a rule of law, there must be some rule of law in the State.” Senior counsel T.R. Andhyarujina, appearing for the associations, told the court that this was happening every time there was change of government. The AAG submitted, “Since the main writ petition was being heard today (Nov.29), we are not pressing this SLP at present. Let it be listed in the normal course. We will dispel the wrong impression created.” The Bench then posted the SLP for hearing on December 12.
But contrary to what the AAG told the Supreme Court the main writ petition which came for hearing before Justice K.Suguna in the Madras High Court on Nov.29, the counsel for the government sought adjournment as the Advocate General was otherwise engaged and could not make his submission in the court. Thereafter, every time the Judge posted hearing on some other date, the government counsel came with the same excuse pleading for adjournment. Ultimately on Dec.15, the infuriated Judge asked the government counsel why they were dragging the case of poor contract workers like this and strictly directed that the Advocate General should be present without fail on the next day (Dec.16), to complete hearing in the case. The counsel for workers’ associations R.Vaigai said the government was protracting the case because their case was weak.
Finally, the Supreme Court on Nov 12,2013 questioned the Madras High Court for disposing of the petitions relating to the sacking of 13,000 Makkal Nala Paniyalargal (welfare workers) accepting the compromise arrived at between the union office-bearer and the Tamil Nadu Government. A Bench of Justices Anil R. Dave and Dipak Misra, after hearing senior counsel T.R. Andhyarujina for the petitioners and senior counsel Rakesh Diwedi for the State, set aside the compromise order and asked the High Court to take up the matter afresh and decide the question of termination of the workers on merits in six months.
The appeal was filed by the Tamil Nadu Makkal Nala Paniyalargal Munnetra Sangam against a judgment of the Madras High Court disposing of the appeal accepting a compromise entered into by the erstwhile general secretary with the State government to pay five months salary to the terminated workers. On behalf of the sangam, it was submitted that 13,000 welfare workers were sacked in November 2011 by the ADMK government and the High Court single judge had recorded a finding that the dismissal was for political reasons.  It said the workers were appointed in 1989 pursuant to a scheme formulated by the then government to help educated unemployed by prescribing tenth standard as the educational qualification for the post. They were removed when the ADMK government came to power, again re-employed then sacked and again re-employed. The sangam said the High Court ought not to have accepted the compromise entered into by the erstwhile secretary of the sangam Palani. It also drew the court’s attention to an order passed by the present government to recruit ADMK party men for the same posts. The sangam also said after the impugned judgment 15 workers had committed suicide. These workers had been robbed of their, tenure, their aspirations and future. They had become the helpless victims of certain swift moves on the political chess board.
The sangam said “The sole reason is that whenever the ADMK comes to power the poor workers become a playful toy in its hands and are kicked out from the jobs as it is the other political party (DMK) who had conceived and given employment to unemployed youths numbering to 13000. Therefore these workers have been victims of political chess board for the past 23 years and the present government disbanded their services. The sangam prayed for a direction to quash the April 26, 2012, judgment and the order dismissing the review petition.
In the case of Samacheer Kalvi also, we witnessed the government going on appeals after appeals to the Bench. Aggrieved parents of over 1.25 crore school-going children, and educationists protested and knocked the doors of judiciary. Throughout the State students agitated. Unmoved and adamant the ADMK regime brought an amendment Act to postpone implementation of the system. It was challenged in the Madras High Court. While delivering the verdict, Justices S. Rajeswaran and Tmt. K.P.K. Vasuki said, “The intention of Samacheer Kalvi is clear. A study team consisting of best experts studied in detail and recommended implementation of Samacheer Kalvi. The recommendations of the committee cannot be easily ignored. Besides, while already incurring huge expenditure, is it necessary to further expend more? The Advocate General should give proper counsels to the government.”
When the Tamil Nadu government went on further appeal to the Supreme Court against the judgement of the Madras High Court, Justices P.S.Chowhan and Swanthira Kumar in their order said, “Samacheer Kalvi brought for classes one and six last year should be continued to be implemented. If it is stopped in between there will be confusion. Samacheer Kalvi should also be implemented this year itself for classes 2 to 5 and 7 to 10. If there were any shortcomings in that syllabi, a committee of experts could be set up and that committee to file its report within two weeks to the Madras High Court. Considering importance of this case the High Court should hear it on day-to-day basis and deliver judgement within a week.”
According to this order ADMK government set up a committee of educationists. It was widely held that only those who were opposed Samacheer Kalvi found place in that committee. Without bothering all those things, the rulers prepared a report through that committee itself and filed that report in the High Court. The Chief Justice and another judge of the Madras High Court in their order explained in detail about the report of the committee and said, “We have no hesitation to hold that the State has exceeded in its powers in bringing the Amending Act to postpone an enactment which has already come into force. Text books required for other classes besides classes one and six had already been printed and considerable amount of work have been completed. They have also been uploaded on the website. At this stage bringing amendment to the Samacheer Kalvi Act, would affect the interests of students. Hence the amendment brought by Tamil Nadu government amending that Act is not valid. We hold them null and void. The text books for Samacheer Kalvi should be immediately distributed to the students. Hence in the interest of future of the students and the interest of the country we hope the State government would immediately take action to implement Samacheer Kalvi.”
Even after this, without respecting the High Court order and ignoring the request of the all parties in Tamil Nadu persuading the Tamil Nadu government not to go on further appeal to the Supreme Court and implement the order of the High Court, the Tamil Nadu government went to the Supreme Court.
The Supreme Court in its interim report refused to give interim stay to the Madras High Court order and told the government to distribute Samacheer Kalvi text books before August 2, 2011. Even after five days of this order, the Tamil Nadu government did not start the work of distributing text books to students.  Instead the counsel for Tamil Nadu government told the Supreme Court that there was no possibility for implementing Samacheer Kalvi during this year itself; it was very clear that the Tamil Nadu government was not at all bothered about the condition of the students of Tamil Nadu. Even after 2 months of reopening of schools the students were not aware of the text books that they were going to study during this year and the parents also were agonized. As the Tamil Nadu government, unbothered about all these and not respecting the orders of the courts and not heeding to the opinions of all party leaders, was adamantly sticking on its stand.
Ultimately, the Supreme Court on Aug. 9, 2011 directed the Tamil Nadu government to implement Samacheer Kalvi for classes 2 to 5 and 7 to 10 in ten days.
A three-Judge Bench of Justice J.M. Panchal, Justice Deepak Misra and Justice B.S. Chauhan dismissed a batch of appeals filed by the Tamil Nadu government and on behalf of association of matriculation schools in support of the State challenging the Madras High Court judgment. The Bench upheld the High Court’s decision declaring unconstitutional the amendment made to the Tamil Nadu Uniform System of School Education Act to defer implementation of the USSE and gave 25 reasons why the impugned judgment should be sustained.
The Madras High Court on Jan4, 2012 once again questioned the Tamil Nadu Government why it had not arrested four policemen, who were allegedly involved in the rape of four Irula tribal women at Thirukovilur in Villupuram district of the state in November last.
The first bench comprising Chief Justice M Y Eqbal and Mr Justice T S Sivagnanam posed the question when a Public Interest Litigation(PIL) filed by advocate P Pugalenthi seeking CBI probe into the alleged incident of rape came up for hearing today. The bench warned that it would be constrained to pass orders if the state government failed to take action against the four policemen, attached to the Thirukovilur Poilce station in Villupuram district. After Government pleader assured the court that the government would take action and get back to the court in two weeks, the bench adjourned the case to two weeks. When the PIL came up for hearing early December last, the bench took serious exception and had asked why the Police personnel responsible for the November 22 incident were not arrested.
In recent times, the Madras High Court (Madurai Bench) on Feb 4, 2013 directed the State government to implement the provisions of the Child Protection Act to prevent children from being engaged in beggary and file an action taken report.
The Madras High Court bench in Madurai on Sep 5,2013 pulled up the officials of the Tamil Nadu Civil Supplies Corporation for delaying quality tests and cheating the Government. Justice N Kirubakaran said the officials were cheating the government using loop holes in the system and directed the food and cooperative department secretary to crack his whip on such corrupt staff and file an Action Taken Report.
Criticising the Collectors of Villupuram and Salem for failing to implement court orders, the Madras High Court on July 12, 2013 issued notice asking them to show cause as to why suo motu action for contempt should not be initiated against them for their wilful disobedience. It also ordered them to explain before July 27 why they did not implement the court orders.
Madras High Court Sep 16, 2013 pulled up Tamil Nadu Teachers Recruitment Board for its contention that the 47 mistakes in a 150 type objective paper was a printing error, saying that if the TRB chairman was not able to ensure correctness of questions, “he is unfit to be chairman.”
Justice S Nagamuthu said it did not make any difference to students whether a printer made the mistakes or the one who had set it. It was not fair to put the blame on others for such mistakes, he said.
Madras high court on Nov 13, 2013 pulled up the Tamil Nadu Public Service Commission (TNPSC) for violating reservation rules laid down by the Supreme Court in appointments for Group-I services. The High Court bench in Madurai told TNPSC secretary M Vijayakumar that it would stay the appointments if it didn’t follow the reservation rules set out by the apex court.
In all the cases filed against misuse of preventive custody laws like the Goondas Act against political rivals by the ADMK regime, the courts quashed the orders of the government and released the detained making harsh observations against the government. For instance they invoked Goondas Act to keep in prison such a senior political leader and former Minister late Veerapandi Arumugam and went on appeal up to the Supreme Court challenging the orders of lower courts quashing the government order but failed. The extremely vindictive attitude of this regime was observed in the Supreme Court turning down their appeal against the order of the lower court and upheld by the High Court dispensing with the appearance of an opposition leader in the court in a defamation case.
But Jayalalitha is not Sanjiva Reddy to be sensitive to even innocuous remarks of courts but is personally ‘seasoned’ in judicial observations, censures and strictures passed by various courts in criminal cases against her. So the regime led by an insensitive Chief Minister is ought to be insensitive to court observations and censures!    r

This isn’t an Ad hoc Regime?


It is rather unfair on the part of the opponents and critics of the present regime in Tamil Nadu led by ‘mercurial’ madam Jayalalitha to call it a government working without setting any target and striving to achieve it and instead attempting to deal through ad hoc measures as and when problems surfaced. 
Definitely whenever Jayalalitha & Co assume power, at least since 2001, they set certain targets to be achieved but surpass them with ease. Don’t be mistaken by the bogus claims of her henchmen who boast that their leader is determined to take Tamil Nadu to numero uno position in India in terms of development and progress and welfare of its people, and the self-claim of her that she is working for 20 hours a day for uplifting the State and its people from the morass they are in now to pinnacles of glory.
Then in what else have they achieved and surpassed the targets they fixed and took Tamil Nadu to numero uno position in the country?
They have taken TN to the unassailable top position in India in the sale and consumption of liquor with 17 percent of all liquor brands sold and consumed in the State. Why should the Jaya regime be so keen on liquor sales through State government owned TASMAC retail liquor outlets?
During her earlier regime between 2001 and 2006, the government took over retail sale of liquor and opened TASMC retail outlets in October 2003. Just a year earlier in October 2002, Midas Golden Distillery, owned by associates of Sasikala Natarajan, close confidante and housemate of Chief Minister Jayalalitha was established. There were allegations that most of the procurement of liquor brands by the TASMAC was from Midas Golden Distillery and resentment among customers that the brands of this distillery was forced on them as their preferred brands were not available in the retail outlets.
Earlier in 2006, when Jayalalitha was Chief Minister, Midas had been subjected to Income Tax raids on its premises. Jayalalitha accused the then Union Minister of State for Finance, SS Palanimanickam (DMK), of “exerting pressure” on the IT department against her and her associates. But, she had also denied that either she or Sasikala had been associated with Midas. This was akin to the Tamil saying ‘v§f¥g‹ FÂU¡FŸs Ïšiy’ (Our father is not hiding in silo). However, in a case in Madras High Court the petition was filed by one of the directors of the company Eravanan, a relative of Sasikala and who was all powerful till recently in the regime and ADMK until he was hounded by this regime along with M.Natarajan and later said to have struck a compromise in a meeting in Kodanad and spared, thus revealing the true ownership of the company.
DMK President Kalaignar on April 23, 2006 exposed with authentic details, Jayalalitha’s liquor scandal by which several thousand crore rupees of people’s money and Government revenue were looted by a distillery owned by the benamis of her associate Sasikala.  The details given in the statement of Kalaignar were as follows:
“There were only five distilleries manufacturing Indian Made Foreign Liquor (IMFL) in Tamil Nadu during MGR rule and DMK rule, (viz) Mohan Breweries, Shiva, Distilleries, Balaji Distilleries, MP Distilleries and Segal Distilleries.Besides these five, one more distillery was started during the earlier tenure of Jayalalitha.  Named as Midas Distilleries, it was owned by benamis of Sasikala.
When Kalaignar was the Chief Minister of Tamil Nadu, the proprietors of the above mentioned five distilleries approached him for permission to increase the productivity of their units which he refused.
Then one Jagannatha Mudaliar of Kancheepuram applied to Tamil Nadu Government for licence to start a distillery as the demand for IMFL was high in the State instead of permitting the existing units to increase their productivity.  As there was a policy not to permit new units, the demand was turned down.  But he approached the High Court and obtained permission.  However, no objection certificate was not issued by the State Government.  On coming to power, they bought the firm for a very low price, gave NOC and then started Midas Distilleries owned by benamis of Sasikala.
Besides, IMFL producing units, there were three beer manufacturing units:  Mohan Breweries, Balaji Breweries and M.P.Breweries. The third unit (MP Breweries) was purchased for Sasikala by liquor baron Vijay Mallaiya as benami.
The Government determined the quantum of production each unit could produce per annum.  The production limit fixed for these units were: Mohan Breweries 42 lakh cases, Shiva Distilleries 66 lakh cases, Balaji Distilleries 57 lakh cases, MP Distilleries 30 lakh cases, MGM Distilleries 30 lakh cases.  But Midas Distilleries  could produce any number of cases per annum.  As per the rules, a committee should be set up and production limits were determined on the basis of its recommendations.  But no such committee was set up so far.  Why this discrimination? Why Midas was exempted from the conditions for other units? What is the reply of Jayalalitha  regime for these exclusive concessions?
The Government supplied raw material (rectified Spirit) to IMFL manufacturing units.  While the Government fixed the quantum of rectified spirit per annum for other units, the Midas was permitted to buy any amount of raw material without any ceiling. Why this discrimination? Why this exclusive right?
During DMK rule G.Os were issued every year on the supply of rectified spirit.  The Government  was giving permission in one G.O for the procurement of raw material needed for 12 months from April to March.  But a change had been effected by ADMK Government.  The earlier method was adopted for only one year (2001-02).  But after their Midas unit was started, the order on supply of raw material was issued on quarterly basis, by which the production units were always under obligation to the rulers.
If any unit was found uncooperative, the Government would drag giving permission for procurement of raw material.  Hence all of them were always obliged to the rulers and if any delay in giving permission was made, it would help increase the production of Midas.  By adopting this tactics they succeeded to a great extent. Despite such delayed sanction of permission they were forced to squeeze out a rate for every litre and they had to meekly give the amount in order to get raw material.
 During DMK rule these units could increase their productivity at will using the annual allotment of new material.  If they manufacture twelve months production in 10 months, they could seek and obtain temporary permission for increasing their productivity.  But under Jayalalitha’s dispensation, they had been fixed monthly targets facilitating the growth of Midas.  This control was introduced only after Midas unit was set up. 
Kalaignar demanded the ADMK  government to release  the quantum of  annual production of Midas in a statement he released earlier but the Government had not released the details, and hence he had given it now.
In the year 2003-04, Midas sold liquor in 7, 48,638 cases.  Till then the retail sales were in the hands of private individuals, who did not come forward to buy Midas products (as there were  no takers in the market).  Hence although Jayalalitha  government under the guise of increasing Government revenue took over retail sales of IMFL, the real purpose was to dump the unsolicited Midas products in retail outlets through TASMAC and make huge profits.  By this they could increase the sales of Midas unit from 7,48,000 cases in 2003-2004 to 28,50,095 cases in 2004-05.  The fourfold increase in sales was due to Government undertaking retail sales.  If the public asked for good and preferred brands of other firms, the stock reply was ‘No’ and Midas products were pushed in TASMAC retail outlets, resulting in a fourfold increase in one year.
In the year 2005-06 Midas increased the sales by eight times to 50,87,094 cases  from a mere 7,48,000 cases in 2003-04.
Why did Jayalalitha  regime give importance  to Midas products and sell them exclusively? Was it to facilitate this that the retail sale of IMFL taken over by the Government? Was it not a crime to increase the sales and profits of their benami concernin the pretext of increasing Government revenue? Was it not a conspiracy to siphon off the entire sale of liquor to the coffers of their benamis?
Excise labels would be stuck on liquor bottles linking the bottle and cover. During the DMK rule, these labels were securely printed in Government presses.  The manufacturing units would procure them on payment of excise duty, stuck on their products and sold them.  But in Jayalalitha regime these labels were printed in private presses.  While other units were getting them properly from Commissioner’s office by remitting money, Midas got them to some extent from the Commissioner’s office by paying money and they procure them in large measure from private presses without making any remittance, thus evading excise duty due to the Government. Thus they siphon off government  revenue to the coffers of Midas firm.
When DMK was in power, there was a condition prohibiting loose sales of liquor by opening the covers of bottle and they had to be sold in tact.  The condition was still in vogue.  But now as the retail sale was done by Government owned shops, and loose sales carried out empty bottles were returned to the manufacturing units which reuse them and earn  crores of rupees.
As the IMFL producing units were forced to grease the palms of rulers with Rs.20 lakhs if they ask for new brand labels, many of them did not apply for it. Although many of them had applied for it, they were refused permission because they failed to give the amount.  But 20 new brand labels had been given to Midas alone. Was it not true?
In order to increase the sale of Midas products, liquor varieties imported from other States had been drastically reduced.  While 3,20,234 cases were imported from other States in 2003-04, only 57, 649 cases were imported in 2005-06.
The units producing IMFL had to pay ‘gratification’ (to rulers) of commission of Rs.15/- per case for varieties like brandy, whisky, rum, and Rs.25/- per case for beer.  Thus they get several crores as commission. “Some betrayers raise a hue and cry for the continuation of the rule of this gang of robbers.  But can the plain minded Tamil people get hoodwinked?” Kalaignar  asked then.”
In September 2006, tightening the screws on Midas Golden Distillery, the DMK government ordered closure of the unit and power cut for “violations” under Section 33A of the Water (Prevention & Control of Pollution Act).
However, responding to a petition filed by MRP Eraavanan, a director of the company, seeking to quash the August 24 closure order of the Tamil Nadu Pollution Control Board (TNPCB), the Madras High Court granted interim relief, directing the Board to file its counter by September 14.
 In the State Assembly in May, Chief Minister Kalaignar, cited statistics on liquor procurement by TASMAC, to prove how Midas had been “preferred” over the distillers since its establishment in October 2002. He said the sale of Midas Golden distilleries rose from 12.85 lakh cases in 2003-04 to 28.68 lakh cases in 2004-05 and 51.04 lakh cases in 2005-6. The turnover jumped from Rs. 146 crore in 2003-4 to Rs. 400 crore in 2004-05 and to Rs. 600 crore in 2005-6. The District Environmental Engineer of the TNPCB issued a show-cause notice to Midas Distilleries in July, pointing to certain “deficiencies” such as excess production of liquor, discharge of sewage and absence of reverse osmosis plant on the premises
Taking exception to the allegation of ADMK general secretary Jayalalitha that Deputy Chief Minister M.K.Stalin and Rajya Sabha member Kanimozhi owned distilleries and that the TASMAC had placed huge orders for them, Chief Minister Kalaignar on July 3, 2010 dared the leader of Opposition to prove her charges.
Writing in ‘Murasoli’, Kalaignar said Jayalalitha should give details about the location of the distilleries owned by Stalin and Kanimozhi and the information about the orders placed by the State government for procuring Indian Made Foreign Liquor (IMFL) from them for sale in TASMAC. He said Jayalalitha had forced him to give details of the Midas Distillery, set up during her regime
Now, there seems to be return of the dragon of Midas monopoly and corruption in TASMAC procurements. According to the following report in ‘The Times of India’ on Jan 3,
“It may be the world’s largest alcoholic beverages company, but in Tamil Nadu, the country’s largest liquor market, Diageos United Spirits Ltd (USL) has been elbowed to a distant second place.
The Chennai-based Midas Golden Distillery has been beating the company hollow in the states tightly controlled liquor sector in the last few months. Sample this: In October 2013, Midas sold 10.4 lakh cases (nine litres make a case) to USLs 5.8 lakh cases.
Sales figures show Midas, a 11-year-old company reportedly owned by associates of Sasikala Natarajan, has emerged as the monarch of liquor trade in the State. Between May 2011 (when the ADMK swept back to power in the state) and October 2013,Midas orders have swelled from 4.14 lakh cases to 10.4 lakh cases. Interestingly, during the same period, USLs orders have fallen from 8.83 lakh cases to 5.8 lakh cases.
Local alcoholic beverages seem to be the flavour of the season with other homegrown brands too witnessing a growth. Kals Breweries is in the third place with orders for 5.05 lakh cases in October and Mohan Breweries received orders for 4.7 lakh cases.
Tamil Nadu, which accounts for 17% of national liquor sales estimated at 300 million cases annually, has a unique liquor marketing model and is the only state where manufacture and retail of different liquor brands is completely controlled by the state entity Tamil Nadu State Marketing Corporation (Tasmac).This is the reason why most MNC liquor brands,except Bacardi,do not have a presence in TNs mainstream market,other than in luxury hotels and high-end restaurants.
Decisions at Tasmac appear politically-driven. What else can explain the rise of Midas. Going by the orders, it appears that they (Midas) have something in the liquor trade which global leader Diageo does not have, an industry source said.
These changes in the dynamics of the liquor market come just when USL is exiting Tamil Nadu, handing over local manufacture and sale of its market-leading brands on a franchise agreement to Enrica Enterprises for Rs 125 crore.
Also, Tasmac recently came up with the concept of swanky premium retail outlets, which target elite customers and stock international brands which were unavailable at regular Tasmac shops. This would alter the market dynamics further since more premium liquor will be now officially available.
The situation in Tamil Nadu has changed dramatically, and hence, based on commercial considerations, we feel it is better to give it to someone else, USL managing director Ashok Capoor had earlier told TOI”.
In the meanwhile, an Indian Made Foreign Liquor manufacturer has filed a writ petition in the Madras High Court seeking a direction to the Tamil Nadu State Marketing Corporation (Tasmac) and the Tamil Nadu government among others to frame guidelines for placing supply orders and indent with foreign liquor manufacturers and fix a reasonable retail price to sell liquor brands without the element of profiteering. The guidelines should be framed on the basis of scientific and commercial data and consumer choice. A fair and transparent procedure should be adopted for placing the supply orders with manufacturers, including the petitioner.
Justice R.Subbiah ordered notice on the petition.
The petitioner, Golden Vats Pvt. Ltd., in Chennai, said its manufacturing unit was located at Karnavur, a remote village near Mannargudi in Tiruvarur district, a backward area. It submitted that the manufacturing cost had exceeded the price fixed by Tasmac, thereby the ordinary and medium brands were a loss to the petitioner.
Due to placing of orders of premium brands, the company was in a position to bear the loss. However, Tasmac had fixed the retail price which was 600 per cent more on the manufacturer’s price. This unchecked high retail price was passed on to consumers.
The company submitted that Tasmac had been purchasing IMFL from 11 license holders, including the company, by placing supply orders and later by lifting the stock by issuing indent. However, the fact remained that there was no rationale or basis for placing supply and indent orders with various manufacturers, and no fixed guidelines and orders, the petitioner said.
When the matter was taken up, senior counsel P Wilson told the bench that Tasmac’s retail profit margin was more than 600% and the unchecked high retail price pinched the common man’s pocket badly. Though Tamil Nadu had 11 distillery units, Tasmac placed substantial orders only with the favoured few and drastically reduced premium liquor off-take from others such as Golden Vats, he said.
In his petition, Velumani said Tasmac did not place enough indent with his company since July 2013. For the month of November 2013, no indent was issued at all. For December 2013 and January 2014, Tasmac placed orders for very little amount of liquor, he said, adding that from July to December 2013 he was able to get orders for only 28,300 cases of premium brands, whereas other distilleries received orders for about 10 lakh cases.
Noting that there are no guidelines or yardstick framed by the authorities to issue supply orders to manufacturers, the petition said proper guidelines on the basis of commercial and scientific data, and consumer choice should be framed immediately in a most transparent manner, to regulate purchasing premium brands. Likewise, while fixing the retail price, Tasmac can have a reasonable profit but cannot squeeze the pockets of consumers by keeping profit margins very high.
Velumani said Tasmac had been adopting an unfair trade practice and discriminatory methods from July 2013 to favour certain IMFL manufacturers, and wanted the court to direct the authorities to continue to issue supply order and indent till credible purchase guidelines are
framed.
As a whole, it is very clear that the only reason for which Jayalalitha is in politics and strives to come to power is not to serve the people of Tamil Nadu, as her credulous cadre are told and gullible people are made to believe, but to amass personal wealth by hook or by crook and the single-point agenda of her regime is to serve that interest!

Mahinda Rajapaksa, Pol Pot of Sri Lanka!


On September 11, 1982, the Cambodian authorities uncovered a fresh mass grave near Phnom Penh containing the remains of about 1,500 people, the Hanoi radio said . The radio, monitored here, said the grave contained the victims of the Pol Pot regime, which was overthrown by Vietnamese-backed Cambodian forces in January 1979.  The Pol Pot regime was accused of killing hundreds of thousands of people during its four years in power.
The Killing Fields are a number of sites in Cambodia where large numbers of people were killed and buried by the Khmer Rouge (pronounced as Kemer Roche) regime, during its rule of the country from 1975 to 1979, immediately after the end of the Cambodian Civil War (1970–1975).
Analysis of 20,000 mass grave sites by the DC-Cam Mapping Program and Yale University indicate at least 1,386,734 victims of execution. Estimates of the total number of deaths resulting from Khmer Rouge policies, including disease and starvation, range from 1.7 to 2.5 million out of a 1975 population of roughly 8 million. In 1979, communist Vietnam invaded Democratic Kampuchea and toppled the Khmer Rouge regime.
The Khmer Rouge regime arrested and eventually executed almost everyone suspected of connections with the former government or with foreign governments, as well as professionals and intellectuals. Ethnic Vietnamese, ethnic Thai, ethnic Chinese, ethnic Cham, Cambodian Christians, and the Buddhist monkhood were the demographic targets of persecution. As a result, Pol Pot is sometimes described as “the Hitler of Cambodia” and “a genocidal tyrant.” Martin Shaw described the Cambodian genocide as “the purest genocide of the Cold War era.”
Ben Kiernan estimates that about 1.7 million people were killed. Researcher Craig Etcheson of the Documentation Center of Cambodia suggests that the death toll was between 2 and 2.5 million, with a “most likely” figure of 2.2 million. After 5 years of researching some 20,000 grave sites, he concludes that, “these mass graves contain the remains of 1,386,734 victims of execution.” A UN investigation reported 2–3 million dead, while UNICEF estimated 3 million had been killed. Demographic analysis by Patrick Heuveline suggests that between 1.17 and 3.42 million Cambodians were killed, while Marek Sliwinski suggests that 1.8 million is a conservative figure.
The executed were buried in mass graves. In order to save ammunition, the executions were often carried out using poison, spades or sharpened bamboo sticks. In some cases the children and infants of adult victims were killed by having their heads bashed against the trunks of Chankiri trees. The rationale was “to stop them growing up and taking revenge for their parents’ deaths.” Some victims were required to dig their own graves; their weakness often meant that they were unable to dig very deep. The soldiers who carried out the executions were mostly young men or women from peasant families.
Decades later now, the discovery of a mass grave containing more than 30 skulls in northern Sri Lanka has fuelled speculation that there may be many more like it containing the remains of thousands who went missing during the island nation’s nearly three-decade war.
Sri Lanka is already under international pressure to address alleged wartime human rights violations. A failure to probe the discovery could fuel the anger of Western nations demanding an independent international investigation into suspected abuses.
The remains, which workers stumbled on as they dug up roadside paving for a water project, are yet to be identified. The first mass grave to be found in the former war zone, it is spread over an area measuring about 400 square feet (37 square meters) and is 5 feet deep.
“The bodies are buried in several layers. Unfortunately, the top layer of the bodies have been destroyed by the road construction work,” said Dhanajaya Waidyaratne, the Judicial Medical Officer in charge of the excavation.
More than 100,000 people were killed in the war between the Liberation Tigers of Tamil Eelam (LTTE) and the government military since it started in 1983 and thousands, are still unaccounted for or missing. A U.N. panel has said around 40,000 mainly Tamil civilians died in the ferocious final months of the conflict, but Sri Lanka has disputed that figure. Both sides committed atrocities, but army shelling killed most victims, it concluded.
Residents and a religious leader in Mannar say that the area was controlled mainly by the army from 1990. “This grave has grown-up people and children, and there are some holes in the skulls believed to be from gunshots,” the Catholic Bishop of Mannar, Rayappu Joseph, who went to inspect the mass grave and the skeletons, told Reuters.
“We don’t know who killed these people. This is an area that was held by army for a long time. Wherever there has been LTTE or army camps, we must dig.”
 The Tamil National Alliance (TNA), which was voted to power in northern provincial polls last September, said the mass grave was the tip of an iceberg and there must be many more.
“The loss of lives, according to us, is between 75,000 to 150,000. Where are those remains?” TNA legislator M.A. Sumanthiran told Reuters. “They must be somewhere. If they were put into incinerators and destroyed, we don’t know. But we don’t think more than 100,000 would have been dealt with like that.”
“Unless there is real transparency in the forensic investigation, we’ll never be sure,” he said in an emailed comment. “But we know they won’t want to open a Pandora’s Box that would incriminate many senior figures.” This was the first mass grave found in the former conflict zone since the war ended over four years ago. Since the end of the military battles, Sri Lanka has faced international accusations of rights abuses by its troops. The UN Human Rights Council has passed two resolutions against Sri Lanka and a third one is expected in March.
If Pol Pot was called ‘Hitler of Cambodia’, Mahinda Rajapaksa can be called as ‘Pol Pot of Sri Lanka’!

Miserable record of Jayalalitha regime!

In an interview to ‘The Times of India’ DMK Treasurer and former Deputy Chief Minister Thalapathi M.K.Stalin, “who has worked hard to cultivate the image of an efficient administrator, both in government as well as in his party” (ToI), said the industrial investment climate in the State had deteriorated since the DMK demitted office. Many industries were keeping away partly owing to the power crisis and partly owing to an unfriendly government, he said. “On account of utter mismanagement, load shedding has gone up from two hours to 12-16 hours in rural areas,” he said.
Adding to the failures of Jayalalitha regime, Tamil Nadu, which has the highest installed wind energy capacity in the country, does not seem to be an attractive destination for new investments in wind mill installations this year (2013-2014), according to a report
Investments in additional wind mill installations in the State were for 113 MW between April and December 2013 as against 165 MW in 2012-2013 and over 1,000 MW in 2011-2012. States such as Maharashtra, Gujarat, Andhra Pradesh and Rajasthan have higher number of new installations this year.
According to K. Kasthoorirangaian, chairman of the Indian Wind Power Association, there might not be any significant investment during the next three months of the financial year (January to March, 2014) in the State. Till 2012, Tamil Nadu was leading in attracting new investments.
Installations declined during the last two years (2012-2013 and 2013-2014) as investors have lost confidence, he says.
Last year, arrears to be paid to the wind mill owners for energy supplied to the grid were pending for several months. Though it was cleared this year, evacuation dropped.
“We lost 40 per cent energy during the windy season this year compared to last year because of fall in evacuation,” he says. Despite availability of wind and grid connectivity between May and September (wind season in the State), evacuation decreased from June to August, 2013 compared to the same period the previous year. This again revealed the callous attitude of the ADMK regime when the State is facing severe power crisis. But it is said that the regime purposely did not evacuate wind energy when it was available in order to buy power from private sector for more price.
Earlier, industries in other States used to invest in the wind energy sector in Tamil Nadu. This year, even the industries here have moved out to other States. If the new installations across the country were for about 1,000 MW, nearly 700 MW will be by the industries here and these are in other States.
The State has installed wind energy capacity of more than 7,100 MW. The State Government envisages additional installation of 5,000 MW during the XII Plan period. The challenges faced by the sector now need to be addressed for installations to gain momentum in the State again, he said.
On August 13 last year, CNBC-TV18’s Poornima Murali reported that Tamil Nadu has lost its status as a top investment hub in India due to the increasing number of stalled infrastructure projects across the state. It was stated
Once touted as the ‘Detroit of South Asia’, Chennai seems to have taken a U-turn in the wrong direction somewhere along the way. With manufacturing growth sputtering due to lack of power and infrastructure bottlenecks, projects worth Rs 25,000 crore are in limbo in the state, reports CNBC-TV18’s Poornima Murali.
The much-hyped Chennai Port -Maduravoyal project announced three years ago with the PM himself laying the foundation stone, is yet to take off. This is a site through which the 19-km elevated road connecting the two major industrial hubs of Oragadam and Sriperambadur to the Chennai Port was to have run. If completed, this would have been the longest elevated corridor project in the country.
 But problems with land acquisition and a blame-game between the project developer — the National Highway Authority Of India (NHAI) and the Tamil Nadu government have forced the NHAI to call for the closure of this Rs 1,815-crore expressway. And that’s just one of the projects.
The Ennore Manali Road Improvement Project commissioned in 1998 has been under implementation for the last 15 years and is yet to be completed. Abdul Majeed, leader, PwC, says, “A few projects have been stalled because of various reasons — either regulatory approvals have been given while no land was acquired or regulatory approval is awaited even after the land has been acquired.”
At a time when Tamil Nadu is reeling under a 4,000MW power crunch , some of the major power projects including Videocon’s 1,050MW project, the1,600MW project at Udangudi, IL&FS’ 4,000MW project and BGR’s 1,320MW project, are in limbo.
A recent study by Assocham have revealed that while Tamil Nadu has attracted investment proposals worth R s 10 lakh crore as of June 2013, over 40 percent of these projects are still in the announcement stage, 2.5 percent have been stalled and there is no information of regarding 4 percent of the projects.
Says, DS Rawat, national secretary-general, Assocham, “Most of the stalled projects are because either the land has to be acquired or the environment clearances are yet to be received. It will be very difficult if projects worth Rs 25,000 crore do not see the light of day.”
While the State government is trying to do its bit by inviting more private sector participants to invest in infrastructure projects, it’s clearly not enough. As Tamil Nadu- earlier ranked fourth in attracting investment proposals with MNCs like BMW, Hyundai, Ford, Samsung and Nokia having invested in the state — has now slipped to the sixth position in the country.
While this is the miserable record of the regime led by Jayalalitha in Tamil Nadu, her minions in her party and henchmen like D.Pandian are projecting her to lead India. Why do they have such grudge against the nation?

Discrimination based on ‘merit’: Past in continuum

DMK President Kalaignar has exposed the hollowness of Chief Minister Jayalalitha citing the Supreme Court’s July 18, 2013 order forbidding reservations for specialty and super-specialty faculty at AIIMS and similar institutions, which was opposed by her own party as wrong, to defend her regime giving up reservation in the appointments to faculty of the proposed multi super-specialty hospital in Omandurar Government Estates in Chennai. The backdrop to this is a mindset which invents newer forms of discrimination
On July 18 last year, the Supreme Court held that there can be no reservation in the appointment for faculty posts in specialty and super-specialty courses in medical colleges, including the prestigious All India Institute of Medical Sciences (AIIMS). A five-judge Constitution bench headed by (now retired) Chief Justice Altamas Kabir pronounced its verdict on a plea of the Faculty of Association of AIIMS against a Delhi High Court judgment.
 The apex court said it cannot take a contrary view expressed in 1992, in the Indra Sawhney’s case (Mandal), that there could be no compromise with merit at the super-specialty stage. “We can’t ascribe to such a view as the very concept of reservation implies mediocrity. We will have to take note of the caution indicated in Indra Sawhney’s case,” Justices Nijjar, Ranjan Gogoi, M.Y. Eqbal and Vikramajit Sen said unanimously.
The Bench disagreed with the contention of AIIMS and the Centre that reservation be given to SC/STs and Backward classes candidates in appointment to assistant professors and other senior posts in specialty and super specialty courses. Referring to various judgments, including that of the Mandal case, it said: “We impress upon the governments to take appropriate steps in accordance with the views expressed in Indra Sawhney case and in this case keep in mind the provisions of Article 335 (claims of SC/ST to service and posts) of the Constitution.”   
In the Mandal case, the Constitution bench had held that merit alone counted in certain services and positions.
Debate is necessary for the existence of democracy and the democratic processes. In reaction to this judgment, Parliamentarians have decided to bring in a Constitutional amendment to annul the verdict, and the Minister of Law mentioned that the government would file a review petition on August 19.
There is also scope for debate over the necessity of reservations in institutions which are not of national importance and whether reservation in centres of education is detrimental to the progress and development of the country. If less qualified or sub-standard teachers and employees occupy these positions then certainly the future of the country could be imperiled. Such arguments are typical on the part of anti-reservationists. They hold that the reservation policy is the bane of the Indian economy and that the country would have been better off without it.
The court has pointed out that there are some levels where reservation may not be desirable. And in this case, the issue is of teaching the specialty and super-specialty courses where equality of opportunity has to prevail and merit cannot be compromised. An attempt was made to search what does super-specialty mean, but alas no such word existed in the Microsoft 2007 dictionary.
The issue of merit is usually invoked whenever the question of reservations comes. Academicians have come out with a reasonable definition of ‘merit’, defining it as a construction of various components like socialisation, surroundings, circumstances, etc. including of course the personal qualities of an individual. Thus the question of merit should not be understood in a vacuum and that is why whenever the question of merit comes up, two camps get formed – one upholding the pro-merit placard and the other  invoking the need to empower the hitherto excluded sections of society from the institutions and processes of public domain.
In recent years, an understanding has developed and rightly too – that if opportunities are given to members of the excluded sections then they perform as well as the others. On the other hand there is enough proof in the literature to suggest that discrimination persists even where individuals hold equal or sometimes even higher qualifications. They are denied opportunities due to the social group to which they belong as their surnames or sometimes names give away their “reserved” status.
‘Blocked by Caste: Economic discrimination in modern India’ (New Delhi, 2010) categorically mentions how the names of dummy candidates signifying the social background of excluded groups and dominant groups were sent in response to vacancies for jobs advertised by various companies. It was also revealed how candidates with equal and even higher qualifications from the names signifying socially excluded sections were less likely to be called for interview as compared to those having the names and surnames usually associated with the dominant/higher castes. If that is the case then as citizen of a democratic State one may ask, “Could the institutes of national importance be delinked from the societal biases that one carries due to the cultural milieu in which we are brought up?”
The judgment after considering the submissions of both sides cited various cases which have remained the basis of judgments on reservations. Quoting Dr Jagdish Saran’s case which observed, “We cannot allow excellence to be compromised by any other consideration because that would be detrimental to the interest of the nation……...….. if equality of opportunity for every person in this country is constitutional guarantee, merit must be the test when choosing the best.”
The most frequently quoted case is that of Indra Sawhney (1992) or the Mandal verdict in which the court intervened in the matter of promotions and made observations against the practice of reservation in promotions. The issue of merit was also invoked saying that reservations compromises merit so it is not desirable. The present judgment also mentions that reservation promotes mediocrity and the institutions of national importance need to maintain excellence. One wonders whether competence could be measured without being given the opportunity.
The court, in the Indra Sawhney case (which is the basis for the present judgment as well), did make some observations and issued some guidelines which were advisory in nature. However, the petitioner argued, “Although the definite directions have not been given in para 838 and 839 in the judgment of Indra Sawhney case (supra) the observations made therein were guidelines for the Government and institutions, such as AIIMS, to follow, in order to provide best candidates available with the opportunity of going in for super specialties which entail higher degree of skill and where no compromise in quality and expertise could be entertained.”
If advisory guidelines have the force of rules, then universities getting directions from the Ministry of Human Resource Development and University Grants Commissions to grant reservations to SC/ST at various levels of teaching but not implementing the same ought to be barred from teaching and research activities.
Let’s take an instance of guidelines given in favour of SC/ST. Interestingly, till 1997, Delhi University did not accept reservations at the entry level. Till then the strength of SC/ST teachers in the University of Delhi was around 50. But after a Parliamentary Committee on the Welfare of SC/ST intervened, the strength went up by as much as 10 times over the next five years. This clearly proves that the bogey of merit was used to keep out specific groups from institutions of higher learning.
The question is, if reservations are fine at the entry level and the basis of reservation is discrimination and there is need to empower the marginalised sections of SC/ST, then does discrimination end in the same environment once the bar is dropped to facilitate entry-level reservation? This is the genesis of the claim for reservation in promotions.
Human beings are slaves to perceptions. That explains why a person who has availed the reservation policy is automatically considered unmeritorious. This becomes the basis of discrimination in promotions. In this judgment itself there is mention of arguments pursued by AIIMS and the Solicitor General, which are quite interesting and revealing. They argued that the reservation at various levels is being introduced by AIIMS for a long time now but there is no evidence or data that could show that the reputation of the institute has gone down in the last years.
In fact, AIIMS remains the most sought after institute by those aspiring to do research or pursuing medical education. Moreover, it was emphasised that the SC/ST and MBC candidates need to sit with other candidates without any separate weightage given to the candidates from the reserved category. Certain arguments from the Indra Sawhney were invoked wherein the court upheld that a certain amount of reservations is necessary and desirable so that the excluded sections could compete with others and excel in academics.
It needs highlighting that in 1951, i.e. within a year of the Constitution coming into force, the government of India came out with an Amendment to uphold the reservations for the Backward Classes that was otherwise denied after court intervention. Article 46 was invoked by the then Law Minister, BR Ambedkar, who said “I have often in the course of my practice told the presiding judge in very emphatic terms that I am bound to obey your judgment but I am not bound to respect it. That is the liberty which every lawyer enjoys in telling the judge that his judgment is wrong and I am not prepared to give up that liberty.”
Nothing is static, and since the dynamics of caste are also changing we need to see what has not changed is the old mindset – which continues manufacturing newer forms of discrimination. As the courts are interpreters of the law, the law also needs to be seen in a changing context and interpreted accordingly. Probably that is why the Constitution has given rights of law making to the Parliament and final interpretation of law to the Supreme Court so that both could complement each other and go by the separation of powers.
But the misery for Tamil Nadu, the land of struggle for social justice, is that it is now ruled by a person, who by conviction is opposed to the very concept but for political need and convenience pretended to be ‘the saviour of social justice’. However, her political camouflage has once again peeled off in this issue now!           r

CPI(M) threatens nation of a nightmarish future?

Politically in self-chosen wilderness, the Left parties, more particularly the CPI (M) seems to be in quandary. The interview of its General Secretary Com. Prakash Karat to ‘The Times of India’ on Jan 2 indicates the position of uncertainty in which they are placed now to work out a strategy for the next Lok Sabha elections. Asked about it, he has said, “There is going to be an overall loose understanding between various non-Congress secular parties, regional parties and the Left. This may not translate into a specific election alliance but is part of a larger co-ordination. After the elections this can get solidified into a combination”.
Asked about the talk of Tamil Nadu Chief Minister Jayalalitha becoming a rallying point, he has said “We expect the ADMK-led alliance to do very well in Tamil Nadu. Jayalalitha will emerge as an important factor in the future arrangement”.
Mercifully, he does not seem to be sharing the wild dream of her minions projecting her as the next Prime Minister!
The nation has already undergone travails and tribulations of the very costly experiment with an arrangement at the Centre in which Jayalalitha was an important factor. Even in his frail health condition now that suave gentleman and former Prime Minister Atal Behari Vajapayee will shudder at the very thought of those 13 gruelling months in 1998-99 when Jayalalitha was a demanding constituent of the NDA government at the Centre led by him.
Communist party leaders are well known for exhaustively citing instances from history in their speeches and writings to the point of tiring out listeners/readers. So, it is now forgetfulness that has made Com. Karat not reminding people and his ranks of those testing months when the government at the Centre was precariously hanging at the mercy of whims and fancies of the lady of Poes Garden and ultimately collapsed. But the political convenience and compulsion which his party has invited for itself that has made the learned General Secretary to expect a disaster to take place!
However we have to jog the memory of people in general, the rank and file of Left parties in particular, of that trying period.
The very installation of the Vajpayee led National Democratic Alliance government at the Centre after the Lok Sabha elections in 1998 was dragged by Jayalalitha to the point of the Prime Minister-elect virtually shedding tears in agony in a Press Meet.
The events were recorded in an article in the English weekly ‘Outlook’ in its issue of March 23, 1998, parts of which is reproduced here:
“IT was the BJP’s worst nightmare come true. After its assiduously negotiated electoral alliances took it to the threshold of power, it was being held to ransom by ADMK chief J.Jayalalitha even before its government could be sworn in. So much so that even her apparent climb down on giving a letter of support—with all its attendant bluster—has left the BJP leadership in a bit of a quandary.
The initial snub was administered by Jayalalitha by making the BJP leadership wait for nearly three days for her letter of support.
When it was finally sent on March 14, at the last possible moment, it went straight to President K.R. Narayanan, with the BJP leadership at the receiving end of only the sharpest criticism and a strongly-worded attack questioning both its attitude and intention.
This was so despite Atal Behari Vajpayee having tried to seize the political advantage and what is left of the moral high-ground in the current scenario—by giving Narayanan evidence of the support of just 240 MPs on March 12, he had effectively called her bluff and forced her hand. The upshot: unless the president takes a bleak view of the shenanigans and name-calling that preceded the submission of the letters of support by the BJP’s “allies” in Tamil Nadu, Vajpayee is bound to be sworn in as prime minister sooner rather than later.
It is, perhaps, symbolic of the state of the alliance that at the end of a 72-hour wait on Saturday afternoon, it was the BJP’s bete noire and Janata Party chief Subramanian Swamy who led a group of the party’s Tamil Nadu allies to the President to submit the letter announcing ‘outside’ support. But given the numbers game in the 12th  Lok Sabha, the matter is far from resolved—notwithstanding Jayalalitha’s affirmation of support of 27 MPs to the BJP in the “national interest” because she “did not want to be a hurdle in government formation”.
 This was more than evident from the reaction of BJP president L.K. Advani, who interrupted his meeting with senior BJP leaders and alliance partners at Vajpayee’s residence on hearing of Jayalalitha’s decision. He told reporters that he was “gratified that Ms. Jayalalitha has announced her support and hopeful that all hurdles would be overcome by addressing her concerns though not bowing to any conditions. But we are not staking any claim. Let the invitation come from the president as he has initiated the process of government formation.”
CLEARLY, the BJP leadership, more than aware of Murphy’s law, is advancing with caution. As Advani told Outlook: “We are aware of the fact that those opposing us would like us to form the government and then attempt to bring it down.” The BJP’s central leadership is palpably apprehensive of the Jayalalitha-Swamy duo’s next move. Indeed, nobody is willing to put money on their continued support during a prospective motion of no-confidence against the BJP.
But for now the ADMK alliance’s choices are limited. Sonia Gandhi’s takeover as Congress president and the accompanying acrimony in her party have made the Congress a less attractive alternative. Besides, the DMK-TMC combine is still an integral part of the United Front, whose support is crucial to any Congress-led government. And as a BJP general secretary notes, “Once a government is formed, incumbency offers many advantages.” An attempt to muster up numbers in Parliament and the threat of dissolution, which no sitting MP would want, among them.
Says a senior BJP leader: “It is understandable that Jayalalitha is letting off steam since she has had to make an inglorious climb down in the face of our resolve not to agree to any conditions. Her anger, though, would be better directed at those who wanted plum positions in the Union Cabinet and obviously misled her into believing that we were prepared to make any sacrifices to achieve power.”
Still, the ADMK’s aggressive posturing has put a question mark over a BJP coalition’s longevity. Jayalalitha’s decision to call back all her MPs to Chennai and her announcement that she would not attend Vajpayee’s swearing-in ceremony have already set off warning bells. But neither the BJP nor its allies can afford to be seen as not trying to form a government after getting so close. That is why the party has deftly thrown the ball into the President’s court, “without agreeing to any conditions and thereby keeping our image intact”.
The mood among BJP leaders in Chennai is less conciliatory. Says one of the senior-most leaders in the BJP’s Tamil Nadu unit: “Never before were we humiliated like this. Even Mayawati treated us with much more respect. If this is realpolitik, then most of us may have either to transform ourselves fully or opt for RSS-related social work.”
HE is equally clear about the dilemma before his party: “I don’t have an honest answer to the question whether she will support us during the confidence vote. But our problem is, we cannot reject Jayalalitha’s support because we don’t have the numbers. And we can’t accept her because she has cast aspersions on Advani and Vajpayee. What will stop her from getting up one fine morning and pulling down a Vajpayee-led government just because, say, George Fernandes addresses an international socialist congress or S. Gurumurthy says something pungent about corruption!” It is significant, however, that the ADMK is not as solidly behind Jayalalitha as is made out. Some party leaders concede that Jayalalitha has bent over backwards for Cabinet positions for Swamy and V. Ramamurthy to get out of the corruption cases against her “at the cost of the party cadre”.
But at the national level, while her ‘conditions’ have been rejected, her ‘concerns’ have been taken into account to give her a face-saving sop. BJP sources said Advani had conveyed to Jayalalitha that the proposed alliance’s “national agenda” would address her “concerns about a package for Tamil Nadu wherever possible”. Accordingly, it was announced on March 14 that the final draft of the agenda had been delayed to incorporate the ADMK’s suggestions…..
..Even so, this may well be the beginning, not the end, of the BJP’s troubles. Swamy and Jayalalitha are not known for their capacity to forgive and forget. In fact, Vajpayee was more than aware that he was dealing with an unpredictable ally even before the alliance was struck. During the BJP’s national executive meet at Bhubaneshwar a few months ago, the usually word-perfect leader was distinctly uncomfortable while trying to fend off questions relating to his party’s deal with the “corrupt” Jayalalitha on the one hand and criticism of Laloo Prasad Yadav on the other.
Later, addressing delegates at a private session, Vajpayee reportedly used an analogy from the Mahabharata to explain his predicament: “The moment Yudhishtira took upon himself the responsibility of lying to Dronacharya during the battle that Ashwatthama was dead, as that was the only way to prevent the triumph of evil over good, the wheels of his chariot, that were always four inches above the ground, came to the ground with a thud.” What Vajpayee probably hadn’t bargained for was that Jayalalitha would prove to be the sort of ally who is not only difficult to defend but against whom the BJP would have to defend itself”.
Some of comments by readers on this article were not only interesting but also prophetical.
“Apropos the cover story Beware the Smiles of March (March 23), the BJP, which all along projected itself as a party with a difference left no stone unturned to pitch the saffron tent at South Block. I’d like to ask every right-thinking Indian—what’s the difference between a Jayalalitha and a Laloo Yadav? Both have corruption charges pending against them. Yet the BJP’s alliance with her proves that the party is willing to make any number of compromises.
Another glaring example is the BJP’S joining hands with Sukh Ram in Himachal, against whom it had earlier launched a tirade. Vajpayee has to give an explanation. The nation demands it.
-Saionton Basu, New Delhi
What we saw was just a ‘trailer’ of a movie in the making titled “AIADMK—All in All Dekho Mera Kamal” starring Dr Jaya with Atalji et al. This is a definite case of quid pro quo; if she has saved Atalji, the latter will return the favour by providing her ‘immunity’ from prosecution in the court cases pending against her. If not, the BJP rule could prove short-lived.
-R.N. Vaswani, Mumbai
Jayalalitha’s claim to make Tamil one of the official languages sounds hollow when she calls Chennai as ‘Madras’ in her soundbites on television.
-R. Mohan, Bangalore
It was disgusting to see the BJP, despite winning a reasonably popular mandate, struggling to form a government because Jayalalitha backed out. Thankfully, her attempts to dictate the ministry-formation came to naught. But it showed that politics of blackmail is more perilous than opportunistic politics and makes the system defective from within.
-Nilay V. Anjaria, Ahmedabad.
If these were the views of the media in general and people (represented by these readers) on Jayalalitha’s tantrums vis-à-vis NDA government at the Centre during the formation, the manoeuvres of her in bringing down the Vajpayee-led government after 13 months of precarious survival at her mercy were summed up in an article under the heading ‘The countdown to collapse’ in the ‘Frontline’ magazine in its issue dated April 24-May 9, 1999, which is as follows:
“When All India Anna Dravida Munnetra Kazhagam general secretary Jayalalitha arrived in New Delhi on the night of April 12, the purpose of her visit was all too evident. Her parting of ways with the Bharatiya Janata Party was on the cards, and she went about the operation in a measured fashion, weighing the responses from the BJP and Opposition camps before taking the decisive step. She had tested the waters during her sojourn in the national capital from March 26 to 30. Her aim of provoking the BJP further was achieved through calculated outbursts on the Vishnu Bhagwat issue. Her demands were that the former naval chief should be reinstated; Defence Minister George Fernandes should quit or be relieved of his portfolio; and a Joint Parliamentary Committee probe should be ordered.
Close on the heels of the BJP National Executive meeting in Goa, the Union Cabinet met on April 5, and rejected all her demands. The Cabinet met sans the AIADMK Ministers, M. Thambidurai and M.R. Janarthanam, who were in Chennai. The Cabinet decision marked a triumph for the hardliners in the BJP, who wanted Prime Minister Atal Behari Vajpayee to call Jayalalitha’s bluff. Only two days earlier, Vajpayee had distanced himself from Rangarajan Kumaramangalam’s remark that the AIADMK could withdraw from the ruling coalition if it did not agree with the Government’s stand. The AIADMK wanted Vajpayee to disapprove of Kumaramangalam’s remark, but he merely termed it Kumaramangalam’s personal opinion.
The BJP hardliners who urged Vajpayee to take a harsh line against the AIADMK included L.K. Advani, Pramod Mahajan and party president Kushabhau Thakre. The view in party circles was that Kumaramangalam had done nothing wrong and that he had only underlined the Cabinet principle of collective responsibility. It appeared likely that Kumaramangalam, who hailed from Tamil Nadu, was chosen to make the remark with the approval of the party’s senior leaders in order to isolate Jayalalitha in the coalition. The remark also stemmed from the perception in the party that she had no option but to continue to support the BJP-led coalition.
The Cabinet decision came as a shot in the arm for Jayalalitha, who held an emergency meeting of her party in Chennai the same day. She decided that Thambidurai and Janarthanam would resign from the Cabinet the next day. She said that the party noted with pain that a Cabinet meeting was hurriedly convened although it was known that the AIADMK Ministers were out of Delhi. “In the 50 years of our democracy, never has a Cabinet met with the single-point agenda of slighting an ally that is responsible for the majority that the Government has thus far enjoyed in the Lok Sabha,” she said.
Jayalalitha added that she would discuss with political leaders in Delhi the possibility of creating “structures that will protect national interest and ensure that all Indians feel safe and (are) able to make progress in all spheres of endeavour.”
At the ADMK general council meeting in Chennai on April 5, members spewed venom at the BJP and the ADMK’s erstwhile allies in Tamil Nadu, such as Vaiko, Vazhapadi K. Ramamurthy and S. Ramadoss. At the ADMK meeting, the prospect of Jayalalitha becoming the future Prime Minister was also discussed
On April 6, Subramanian Swamy met Jayalalitha in Chennai and reportedly apprised her about the Congress (I)’s reluctance to strike at that point. The Congress (I) leaders felt Sonia Gandhi was averse to taking the initiative to topple the Government until Jayalalitha withdrew support to it. Swamy also told her that the Congress (I) might hesitate to move a no-confidence motion against the Government when Parliament met on April 15. She could set the ball rolling by withdrawing support at the earliest, he indicated.
In the event of a trial of strength, Subramanian Swamy told her, the Government was bound to collapse. The ADMK, the Rashtriya Loktantrik Morcha, the Left parties and the Congress(I), and a few smaller parties, would together be able to muster a strength of 271 members in the Lok Sabha, whereas the BJP-led alliance would have only 254 seats - so went the calculation. Parties such as the Dravida Munnetra Kazhagam (DMK), the Tamil Maanila Congress (TMC) and the Bahujan Samaj Party (BSP), which had not made up their mind, had a total of 16 MPs together, and even if this figure was added to the strength of the BJP and its allies, the Opposition would outnumber the ruling alliance by one vote.
Subramanian Swamy thus persuaded Jayalalitha that withdrawal of support before Parliament met would force Vajpayee to seek a vote of confidence. Swamy also apprised Jayalalitha about the confusion in the Congress (I) on whether it should try and lead a coalition government or support from outside an alternative government.
Subramanian Swamy’s meeting with Jayalalitha coincided with yet another attack on the ruling coalition by her. She said that Advani and Fernandes were lax in protecting national security. While she flayed Fernandes for allegedly preventing the interception by the Navy of vessels carrying suspected terrorists, she termed as unpardonable Advani’s inattention to the developing security threat. She also said that Advani failed to act on vital information about intensified terrorist activity in Tamil Nadu.
Specifically, she claimed that she had informed Advani and Fernandes on October 9 last year that some operatives linked to Osama Bin Laden (the Afghan millionaire who has been accused of masterminding terrorist acts in various parts of the world) had infiltrated Tamil Nadu. Around 200 terrorists, trained in camps in Afghanistan, had entered the southern States, she claimed. The information was suppressed and follow-up action was not taken, she added. She further alleged that emissaries of the Liberation Tigers of Tamil Eelam had access to senior Cabinet members, and that an individual who was an LTTE agent in Tamil Nadu had recently met a senior Cabinet Minister in Delhi.
The Prime Minister delayed the acceptance of the resignation letters of the two ADMK Ministers, leaving open the possibility of a patch-up. At the same time, on April 7 the BJP challenged Jayalalitha to withdraw support to the Government and accused her of extracting a promise from the Congress(I) that the DMK Government in Tamil Nadu would be dismissed if the Congress(I) formed a government at the Centre. Vajpayee forwarded the resignation letters to the President after two days.
Subramanian Swamy met West Bengal Chief Minister Jyoti Basu on April 8 in Calcutta, to “seek his wisdom and guidance” on forming an alternative government. Basu made it clear that he was not a candidate for the Prime Minister’s post, while Subramanian Swamy said he carried no such request to Basu. The objective of the meeting appeared to be to pave the way for him and the ADMK to participate in the new government.
On April 9, the ADMK announced its decision to withdraw from the coalition’s Coordination Committee. Party chairman V.R. Nedunchezhiyan and senior office-bearers, in a joint statement, said that the decision was in “furtherance of Jayalalitha’s goal of speedily ensuring a political structure that treats all citizens equally irrespective of region, religion and caste, so that all feel secure and safe.”
In a sharp attack on BJP hardliners, the ADMK accused them of taking the country back to the medieval era, and claimed that their abuses and attacks would not deflect her party from its resolve to give India a government that was both just and effective, in the shortest possible time. The ADMK repeated Jayalalitha’s allegation that the Government was promoting terrorism and accused Advani and Fernandes of patronising the LTTE in Tamil Nadu. It said that the BJP hardliners were not pleased with the condition that the ADMK had put at the time of forging the alliance that its support would depend on the BJP giving up sectarian demands such as building the Ram temple in Ayodhya, the repeal of Article 370, and the enactment of a uniform civil code.
The ADMK insisted that the dismissal of the DMK Government was not the issue. National security was the issue, especially the demoralisation in the armed forces following the shabby treatment of senior officers and the denial of the best quality equipment.
The BJP dismissed the ADMK’s resignation from the Coordination Committee as being of no consequence. Apart from the ‘unauthorised’ request of Human Resource Development Minister Murli Manohar Joshi to Jayalalitha over the phone to continue her support to the Government, the party did not send any emissary to Chennai, as it had done in the past, to placate her. Instead, Vajpayee and Advani publicly sought the DMK’s support, indicating that all doors of negotiations with Jayalalitha were closed”.
And what transpired at the national executive session of the BJP in Panaji (Goa) then was reported in various dailies, a compilation of which is as follows:
 “Even while not shutting doors on the troubling Jayalalitha of the AIADMK, the Bhartiya Janata Party has decided to end dependence on her by resorting to a quick head-hunting of MPs to face any eventuality, including the threatened no-confidence motion, in Parliament.
The BJP leaders go from here on Sunday after three days of the national executive session “with confidence that we shall remain in power as the leaders gave hints of the strategy to survive with or without Jayalalitha and nobody felt necessary to let them spell out the strategy,” a party ideologue said. The strategy worked out Saturday night by the BJP leaders, after getting Jayalalitha’s ultimatum, involves half a dozen party leaders quickly establishing contacts with MPs of the opposition parties to muster the number necessary to frustrate the Opposition designs.
The BJP does not want to tell Jayalalitha to get lost but the confidence in its coalition government surviving even without her was spelled out by general secretary and
spokesman M Venkaiah Naidu by pointing out that her blackmails would not work any longer.
“The Government cannot, will not and shall not run by conditions,” he said in response to the three demands she raised on Saturday for continuing the support -- reinstatement of sacked Navy chief Admiral Vishnu Bhagwat, dismissal of Defence Minister George Fernandes and a Joint Parliament Committee (JPC) probe into Bhagwat’s dismissal and his charges of corruption in the defence deals.
As a part of the strategy, the BJP would no longer send emissaries to talk to Jayalalitha to placate her as Naidu affirmed at his Press conference: “What is the need to persuade her? No need. On what issues? What use persuading on the same issues which have been settled after discussions in the coordination committee (of the ruling alliance) at which she also aired her views and ultimately endorsed the Government’s decision to sack Admiral Bhagwat?”
The anger within the BJP rank and file over Jayalalitha’s tantrums washing out the gains that the party should derive from the Vajpayee Government’s achievements was reflected during discussion on the political resolution at the closed-door meeting on Friday when Dr J K Jain is reported to have burst out wondering why the party stalwarts behaved like cowards before Jayalalitha who was nothing more than “kothe par baithi ek randi.” There were, however, immediate strong protests from Minister of State for Sports Uma Bharti and several others at use of such abusing language and BJP President Kushabhau Thakre is believed to have intervened to advise restraint in “our language and not forget that we cannot wish away compulsions of the coalition politics.” The Tamil Nadu delegates could not immediately understand what Dr Jain said in Hindi but they too stressed that the BJP cannot grow in their state if the party continues to give undue importance to Jayalalitha.
Naidu was careful at his Press conference in not saying anything that can be provocative to Jayalalitha as he repeatedly stressed that “the AIADMK is still in our coalition and so I am not ready to react now.” He was, however, quite upset when asked about Jayalalitha’s charge that the BJP had back-stabbed her. “The BJP has no history of back-stabbing. We will not criticise our allies. ... We will discuss everything in coordination committee and in Cabinet meetings.... I don’t understand meaning of back-stabbing,” Naidu angrily said”.
Jayalalitha’s one-point demand was the dismissal of the DMK government then and withdrawal of corruption cases against her. Media reported in March 1998, “The night before the Lok Sabha passed the Railway Budget, there was panic in the ruling BJP circles. Senior leaders were worried stiff about Jayalalitha’s next move. On two successive days her men in Parliament staged a walk-out from the Lok Sabha, protesting against Prime Minister Atal Bihari Vajpayee’s failure to dismiss the M Karunanidhi government in Tamil Nadu. Jayalalitha herself had sent a missive to Vajpayee complaining against ‘harassment” by the DMK government. She blamed the Centre for failing to protect her from the “campaign of vilification” which Karunanidhi had supposedly launched.
“Amma’s fax message, coupled with dire signals from intelligence sources, kept the BJP leaders on tenterhooks throughout the night. The buzz was that Jayalalitha’s emissary had stitched up a deal with the Congress, which was now ready to pull down the BJP-led government. The United Front too was eager to back a Congress-led government, although the Communists wanted prior knowledge about the prime ministerial candidate.
Strangely, even as Vajpayee took upon himself the task of placating Jayalalitha -- the two had a long telephonic conversation -- the Congress leadership developed cold feet. Sonia Gandhi was persuaded that a Congress-led coalition too would be hostage to Jaya’s tantrums.  In double quick time, the Congress abandoned the move to force an adjournment motion on the temple issue in Parliament. It also resiled from its earlier stand to pull down the Vajpayee government with Jayalalitha’s help!
A chastened Jayalalitha has now agreed to be on her best behaviour for some time. The AIADMK MPs believe that Vajpayee has assured her that he would dismiss the Karunanidhi government at the end of the Budget session. Since the government would do no such thing even at the end of the session, it is a safe bet that the imperious empress of Poes Garden would resume her hostilities in July when the current session is scheduled to end”.
This was the painful record of Jayalalitha playing a crucial role in the government formation at the Centre and bringing it down, the nation witnessed in 1998-99. Later the suave gentleman Vajpayee told the Tamil weekly ‘Kumudam’ in July 1999, that Jayalalitha’s demands were only the dismissal of the then DMK government and withdrawal of cases against her, which he did not oblige. In frustration the veteran politician declared, “The worst mistake I committed in my public life was aligning with Jayalalitha. I will not repeat the mistake in the rest of my life”.
For the sake not more than one seat in Tamil Nadu let the CPM please their benefactor as they want but let them not indulge in threatening the nation of a nightmarish future by projecting Jayalalitha for an important factor in the future arrangement at the Centre. The nation cannot afford to risk the costly experiment (of 1998-1999) again!