Friday, 20 July 2012

Prisons can’t deter, but Enthuse DMK workers


Once again the history of the DMK has been established. Threats of prolonged imprisonment and harassment failed to deter but enthused the spirited rank and file of the Party, who with verve and vigour offered to court arrest on July 4, in response to the ‘Jail Bharo’ stir call given by the Executive Committee of the Party on June 20.
Two lakh 32 thousand 797 DMK men and women in all districts in Tamil Nadu courted arrest on the day. As Kalaignar said the response to the call was more than expected and it was a massive participation of spirited DMK cadre. They tried to bring down the number of participants in the agitation by threatening of 15 days remand, and lodging in prisons in other states. But none were frightened or worried. Every participant had given signed undertakings that they would not seek bail.
The DMK did not seek the stir but it sought the Party. This agitation was not created by the Party impelled by the opposition to the regime, but thrust upon the Party by the rulers. This ADMK regime is a repository of falsehood and deceit. The invocation of Goondas Act against respectable DMK functionaries including senior District Secretary Veerapandi Arumugam was a direct attack on the dignity and prestige of the DMK. It was a struggle to defend the self-respect and reputation of the over-six decades old movement. In the history of the Party, the leaders and workers never got frightened by prisons.
It was in 1938 that Party founder Arignar Anna was first imprisoned in the anti-Hindi agitation. He was sentenced for six months imprisonment. When journalists asked him about his feeling on going to prison for the first time in his public life, Anna said, he was as delighted as a married young woman on her first conceiving.
During the spontaneous Anti-Hindi agitation of students in 1965, the State government accused Kalaignar of instigating it and lodged him in solitary confinement in Palayamkottai prison. After visiting Kalaignar in the prison Anna said in a public meeting there, “If at all there is a holy shrine for the DMK, it will be Palayamkottai prison where my younger brother Karunanidhi is lodged.” Not only in the history of India but in the history of the world, only the DMK has the history of calling prison as holy shrine. Only the DMK has that reputation.
During the Emergency period in 1975-76, over 500 DMK functionaries and workers were detained in various prisons in Tamil Nadu under Maintenance of Internal Security Act (MISA), which earned them the surname ‘MISA’. The Party functionaries lodged in Chennai Central prison were brutally attacked inside their cells in which former Chennai Mayor Chittibabu succumbed to injuries, caused in his bid to save young and newly wed M.K.Stalin from attacks.
It was in prison that DMK men were first sworn in as Ministers. Kalaignar led the stir for naming Dalmiapuram railway station as ‘Kallakudi’ by stopping the train by laying his head on the rails along with Sakthi, Kasthuri, Kumaravel and Kulandaivel. Over 400 were arrested and lodged in Tiruchi prison. Kalaignar was prisoner No.5779 in that jail. The food supplied and hygienic conditions in the prison were awfully bad. Kalaignar, then, constituted a ‘Ministry’ in the prison. In fact, that was the first Ministry formed by Kalaignar. The portfolios allotted to the Ministers in the cabinet formed by Kalaignar in Tiruchi prison were:
Food Minister : Raama Subbiah
Home Minister : Mullai Sakthi
Health Minister : Buhari Sahib
Local body Minister : Aiyavanallur Velu
Chief Secretary : Venugopal
It is this Kalaignar, who even celebrated and enjoyed imprisonment, who now gave the call for ‘Fill the Jail’ agitation to DMK rank and file.
Writing in Murasoli on July 2, Kalaignar said that though he was not enlisted to take part in the agitation, his heart and soul would be with those who were jailed.
“It’s my desire to be part of the peaceful jail bharo agitation. I am not used to assigning someone else and keep off even from a protest meeting. I participate in all the protests and have often been sent off, but never been the one to send others off,” he said.
Asking the cadres to teach a lesson to the ruling party, he said that senior leaders should coordinate and work unitedly to make the agitation a great success.
Immediately after the executive committee meeting, Party district secretaries convened meetings of functionaries at all levels and decided upon the places of picketing and those who would lead in every point. All these reports were published district wise in ‘Murasoli’. There are 35 districts (including city districts), 385 panchayat unions, 586 townships and 125 towns, in which lists of volunteers to court arrest were prepared and also wardwise lists for nearly one lakh wards in Tamil Nadu were prepared. In Chennai, there are 200 wards and picketing were held in 16 points.
Public meetings and street corner meetings to explain the resolution of the Executive Committee’s meeting were held in all districts in which DMK Headquarters functionaries, former Ministers, MPs, MLAs and Headquarters speakers addressed. Kalaignar addressed the meeting on July 1 at Tambaram.
Former Ministers, DMK frontliners, functionaries, MPs and MLAs, representatives of local bodies and volunteers numbering over one lakh registered their names for participation in the stir. In total there are 9 central prisons and 134 sub-jails are there in Tamil Nadu in which upto 25,000 prisoners can be accommodated. Already there were 18,000 inmates in the prison and additionally only 8,000 can be accommodated. There are facilities for food, drinking water, medical facilities and hygiene and toilets only for 25,000 inmates, beyond which prison authorities could not fulfill the requirements.
The State government was in a quandary as there was no provision in law for converting and detain prisoners in halls, community centres etc, outside. In that case, basic facilities like food, drinking water, medicine and toilets could not be arranged where Human Rights Commission will have to intervene. Moreover there were no sufficient prison guards to protect them and there was no provision for utilizing local police for protection of the detained.
For the DMK neither agitations, nor arrests and imprisonments are not new. Its functionaries and cadre had faced detentions under MISA, TADA, POTA and Goondas Act and undergone convictions.
Kalaignar repeatedly stated that this agitation was not only against the suppressive measure of the ADMK regime but also against its anti-people measure and aimed at putting an end to the sufferings of the people.
As the Party Treasurer Thalapathi M.K.Stalin said the reason for such an uprising among the rank and file of the Party was not the DMK, but the ruling ADMK, the police in the service of ruling party and some newspapers eulogosing the rulers. Because they carried out hectic campaign in the past one week than the DMK. That should serve as a lesson to the ruling party and its sub-servient sections of the media – the DMK will rise like the ball which rises above the more it is hit.
To a cynical question of an ‘enlightened’ English media reporter whether the agitation had also provided an opportunity for the DMK for soul searching as many DMK leaders “went too far” in their activities when the party was in power, Rajya Sabha member Tmt. Kanimozhi correctly said, “It is not a moment for soul searching for the DMK but it is time for soul searching by the press and public”, who by harping on the past either refuse or conveniently ignore to see the horrendous regime in Tamil Nadu now and the sufferings of the people.
Whether we can expect any change in the attitude of Jayalalitha or not, the DMK agitation has definitely taught a lesson to her and also to the servile media!

‘Scamania’, ‘scamedia’?!


 “A Nation of Cynics? – The National Psyche Seems To Believe The Most Ludicrous Charges Against The UPA Govt”
Do not search in dictionaries for the meanings of these words. In economics, we had two words ‘inflation’ and ‘stagnation’, the first defines ‘the rate at which the general level of prices for goods and services is rising, and subsequently, purchasing power is falling. Central Banks attempt to stop severe inflation, along with severe deflation, in an attempt to keep the excessive growth of prices to a minimum; and the second word indicates ‘a period of little or no growth in the economy’. But when the two phenomenon occur simultaneously at a time, (i.e.) when the situation in which the inflation rate is high, the economic growth rate slows down, the unemployment remain steadily high, it is called ‘stagflation’. It raises a dilemma for economic policy since actions designed to lower inflation may exacerbate unemployment, and vice versa. This can only happen under unusual circumstances. The term ‘stagflation’ was coined by economists in the 1970s to describe the previously unprecedented combination of slow economic growth and rising prices.
Now during the past three years, the way in which the media [possibly the office of the Comptroller and Auditor General (CAG) working in tandem with it] is systematically creating a national psyche, which is ready to believe the most ludicrous charges against UPA the government. The media smell some ‘scam’ in everything happening in the normal course and people are tuned to buy their sensational stories given by them. If the term ‘mania’ means obsession and the people are ready to believe all these ludicrous stories of ‘megascams’, then the term ‘scamania’ can be coined to describe the situation obtaining in India, created by scam-crazy media, ‘scamedia!’
The Comptroller and Auditor General (CAG) has joined the ranks of media moghuls and Gandhi topi-wielding Anna Hazare brigade to trigger a fresh burst of competitive activism against the ruling coalition.
Routine leakages of CAG reports on astronomical 2G presumptive losses, the ISRO-ANTRIX deal losses, and now the coal blocks allotment losses are causes for celebration among an opportunistic opposition and a sound-bite hungry media. Immediately there is hue and cry over ‘spectrum scam’, CWG scam, ISRO-ANTRIX scam and coal block allotment scam, presumptive losses turned scams, with nobody specifying so far who are the gainers.
Experts have begun to push for a more layered debate on issues related to allocation of natural resources. The interventions by the CAG as well as the courts are not necessarily the basis for an informed debate, they say.
'There can be a debate provided the basis for that debate is sound. I am questioning the very basis of this illiteracy that has been exhibited by the CAG in calculating the alleged losses in the allotment of coal blocks. The fact that the leakage of such a report may be linked to market manipulations that should ideally be probed by the SEBI is a different matter. What I want to know is how the CAG arrived at this figure in the first place. This speaks of an astounding economic illiteracy,' said Surjit S. Bhalla, chairman of a market advisory firm. According to Bhalla, the CAG coal loss figure is Rs.10.7 trillion (or lakh crore) at 2011 prices.
Besides the possible anomaly in the CAG figures, the larger concern is the readiness with which state institutions and individuals are being de-legitimized largely by ‘vigilante justice’ offered by those who are 'economically and politically illiterate'.
According to Leader of Opposition in the Rajya Sabha Arun Jaitley, there has to be a debate about whether natural resources should be auctioned or there can be a better mechanism to ensure transparency as well as affordable pricing pattern for the poor.
While the Opposition MPs do not attack the courts and the CAG publicly for the obvious reason of not being seen as batting for the UPA, the government has been fairly open about its contempt for such 'transgressions' by the CAG as well as the courts. Witness the stern warning to the Supreme Court by the Department of Telecom in the 2G review petition seeking reversal of the court judgment: 'The judgment, in respect of the policy, is directly contrary to the settled law, as laid down by the Supreme Court, that the essence of policymaking and governance is the weighting and balancing of different values and considerations, which is the role of the executive.'
According to senior counsel Rajeev Dhavan, tendency of the government spokespersons to 'shoot from the hip' and activism exhibited by the courts and the CAG has distorted the debate about natural resources and their use.
'The 2G judgment was the first and the CAG is the second joker in the pack. We need to look at resources, revenue and the fairness with which the government monitors the use of these resources. Pricing and revenue is an issue but the state needs to take into account how competitive bidding affects the end use. The CAG is an overseer of government expenditure but it has attributed to itself the role of an activist. The casualty of such posturing is informed debate,' said Dhawan.
As signaled by Arun Jaitley's caveat, discussions in the Opposition quarters center around the latest panacea for all evils that the courts and the CAG have offered vis-à-vis allocation of natural resources via auction. The Supreme Court offered it for all natural resources in the Spectrum 2G allotment case, a suggestion being violently opposed by the government. And the CAG is invalidating the allotment of coal blocks and discovering a ‘scam’ based on the same allotment criteria which is now the law of the land. The Mines and Minerals (Development and Regulation) Amendment Act 2010 has now allowed the state governments to grant a prospecting license or mining lease for coal and lignite to private companies through auction by competitive bidding.
'Would you advocate auction of water? Or auctioning air for harvesting wind-power energy? Would that not result in the endproduct being based on equally competitive pricing pattern? Is that a just and fair method for the welfare state?' asked a senior opposition leader.
But until the media put an end to this sensation mongering and start playing an objective, meaningful and constructive role, the complex layers of such arguments will not find any echo among people who are fed with dosages of cynicism day in and out.
Amidst the hue and cry over the so-called ‘spectrum scam’, nobody seem to have taken note of the revelation about the CAG's credibility taking a beating.
Documents revealed through RTI enquiries cast serious doubts on the credibility of the Controller and Auditor Generals’ 2G report. It now appears that the Director General who conducted the audit was unable to quantify the loss or put it as low as Rs 2,645 crore but was overruled by his bosses who pushed the alleged loss all the way to Rs 1.76 lakh crore. Worse, file noting reveals that an attempt was made to silence the Director General.
Congress MP and PAC member Sanjay Nirupam discussed with CNBC-TV18’s Karan Thapar what all of this abounds to. Below is a verbatim transcript:
Q: As a member of the PAC how do you respond to the revelation that the Director General who did the Draft CAG report on 2G did not quantify the loss due to the decision not to auction spectrum and at the most suggested that the loss could be Rs 2,645 crore which is almost 70 times less than the Rs 1.76 lakh crore figure?
Nirupam: “There is no doubt that it is really a shocking revelation. I have already prepared a letter which I am going to send to Dr Murli Manohar Joshi who is the Chairman of PAC. I am going to ask him to setup an enquiry within PAC to look into the working of CAG. There is no doubt in the fact that CAG's credibility is getting eroded day by day.
As far as this 2G issue is concerned, how can the mathematics not be accurate? The way CAG has basically highlighted the presumptive loss of Rs 1.76 lakh crore, is nonsense, it's a senseless figure. Now it is coming out that there was a difference of opinion in CAG only. I am very happy that one channel has got access through RTI about this final information that the whole loss was not exactly more than Rs 2,645 crore.
Where is Rs 2,645 crore and where is Rs 1.76 lakh crore? The way CAG has worked in the last couple of years is nothing but it is being used politically by political parties. That is why the CAG report before it has been tabled in Parliament; it has been leaked to the media. I really condemn this kind of trend.”
But scam-maniac media, by and large, systematically buried this vital information on the lack of credibility of the CAG’s report on 2G spectrum allocation.
The national psyche seems ready to believe the most ludicrous charges against the government
Certain sections of the press have quoted a draft report of the CAG in recent weeks hinting at ‘crony capitalism’, creating some speculation in public mind as if there may be another mega scam in our midst. According to these reports, quoting the draft CAG report:
• The government has gifted away Rs.1.64 lakh crore to the GMR group, the developers of Delhi International Airport (DIAL).
• The government gave away the airport land to GMR at a measly Rs.100 per acre per annum, when the land is worth thousands of crores.
• Ministry of civil aviation, and later Airports Economic Regulatory Authority (AERA), granted post-contractual benefits in the form of airport development fee (ADF) to DIAL at the cost of passengers.
• The government granted unilateral rights to DIAL for extension of the concession period by 30 years without renegotiation.
Rebutting the allegations and explaining every detail, V.Raghunathan, the CEO of GMR Varalakshmi Foundation wrote in ‘The Economic Times’ on June 23, the following:
“For one closely associated with the social responsibility arm of the group at a senior level, these are troubling issues. One can hardly sleep in peace and go about one’s business unconcerned without checking the veracity of these allegations. So, this writer dusted off the finance and accounting hat to look deeper into these issues. And if the findings come from an ‘interested party’, one offers no apologies for presenting the facts, as the issues at hand concern the country at large. What could be the possible basis for the estimate of a Rs.1.6-lakh-crore gift to GMR? GMR leased some land in 2007 at about Rs.1.58 crore per acre per annum for 58 years at an annual increment of 5.8%. This sum, over 58 years, adds up to nearly Rs. 690 crore (= 1.58 + 1.67 + and so on for 58 years, increasing at 5.8% year-on-year). Since GMR was given about 230 acres to develop, as one of the terms of revenue-share enhancement as per the open bid document, the total amount works to about Rs. 1.6 lakh crore. This obviously ignores time value of money. When discounted at 14%, the amount comes down to a mere Rs. 19 crore per acre, or about Rs. 4,500 crore, for 230 acres, of which 46% in any case goes to the government.
Now, in the last six years, DIAL paid out Rs.2,935 crore to the government as its share (46%) of the revenues. In 2011-12 alone, DIAL paid Rs.704 crore, and some quick computation on spreadsheet shows that Rs.704 crore growing at 5.8% per annum for the next 54 years adds up to nearly Rs.2.4 lakh crore. Thus, if the government was gifting away Rs.1,60,000 crore over 58 years to GMR, GMR would be returning the compliment with Rs. 2,40,000 crore to the government during the same period. And over and above this, the Airports Authority of India (AAI) is entitled to 26% share of dividends. The truth is that sums added over long periods without factoring the time value of money can look absurdly silly.
On the next point, while it is true that GMR was ‘given’ land at Rs. 100 per acre, it turns out that this was only a notional amount to effect the conveyance deed, and hardly reflective of the rental value. The land was simply given to the developers to operate and develop the airport and the associated infrastructure. Had the land been charged at market value, for instance, surely a bidder would automatically adjust that against a reduced top-line sharing? That brings us to the third point, the airport development fee (ADF). Was it a postcontractual benefit accorded to GMR? The government has been pilloried so badly in recent times that any attribution to the CAG seems to put the government and whoever they associate with automatically in the dock.
However, the facts appear to be as follows.
ADF is permitted under Section 22A of the AAI Act, 1994. The relevant Section was enacted in 2003 and was made available to all the bidders in 2005. Even though it is true that the operation, management and development agreement is silent on the ADF and allows only for debt, equity and user development fee (UDF) as sources of funds for the airport, the bid document also states that the bid is subject to various relevant laws, including the AAI Act, 1994.
In fact, the Supreme Court upheld the levy of ADF at Delhi airport, vide its order dated April 26, 2011, in response to civil appeal number 3611 of 2011. What is more, AERA, after detailed technical and financial audits and reviews, had also vetted the levy of ADF in January 2011.
But why was ADF levied? One understands that when the project cost had escalated for various reasons, and GMR approached AAI for additional injection of equity, the AAI was unable to do so. And that is when the ADF clause in AAI Act, 1994, was invoked by the government, even though ADF was not explicit in the original bid document. GMR itself would have been happier with additional equity, a government-guaranteed debt or higher UDF.
Lastly, why was GMR given a unilateral right to extend the concession period by 30 years? Well, this was part of the terms of the bid, applicable to all bidders. Such longterm leases are common internationally. Besides, had the lease term been shorter, or had the government held the right in its own hands, the bidders would simply have adjusted the revenue share downwards or not bid at all. Delhi airport is an impressive achievement, achieved under very difficult odds. Not only was the airport completed in a record time of 37 months, it was a face-saver for the Commonwealth Games. But what is tragic is that such unfounded accusations may give public-private partnership itself a bad name. Are we turning into a cynical country?”
The sections of the media, which reported this story of the ‘mega scam’ of the government ‘gifting away’ Rs.1.64 lakh crore to the GMR group, did not care to follow basic journalistic ethics of seeking the response of the group and publish it along with the report to enable the people draw the right opinion.
The media’s negative role in breeding a nation of cynics and sensationalism is gracefully admitted by the leading national daily ‘The Hindu’ on June 29 under the heading ‘What’s in a name? A life’ on the sensational goof up made by the media on June 27 on the release of Indian prisoner in Pakistan:
“No excuses, no nitpicking. The entire media got the ‘Sarabjit to be released’ story wrong — including The Hindu, in its early editions before we stopped press at midnight to make the correction. If anything, the Sarabjit/Surjeet Singh mix-up has held a mirror to the beast that the media has become: easily excitable, know-it-all and supremely confident to the extent of being tone deaf even when Pakistan’s Presidential spokesman Farhatullah Babar was clearly saying on Indian television channels — and by extension to the tuned-in print media — that “Surjeet Singh” was entitled to be released. The media stands exposed but still does not have the grace to admit it was wrong, let alone introspect or apologise for giving false hope to the family of a condemned man. Worse, a section of the media has topped it all up with theories galore on why Islamabad made the “midnight switch”. Ironically, because of the nature of the story and how it unfolded, Sarabjit’s family at least got to air its disappointment. But what of all those mistakes that are being made by the media in the rush to be first with the news? The insensitive line of questioning to bring out raw emotion on camera, the crowding around rescue operations for a “quote”, or ruining investigations by breezing into crime scenes? In this particular case, there is the fig leaf of an excuse in the two names sounding similar but the media was clearly not listening and kept repeating ‘Sarabjit’ so often that on at least one TV show, Mr. Babar himself got confused and used that name for the man he had referred to only seconds earlier as ‘Surjeet.’
In the India-Pakistan context, the role of the media on both sides has been particularly dubious; leading the pack in baying for blood at the smallest of irritants even while talking Track-II, overly obsessing with certain issues, and allowing emotions and rhetoric to determine the narrative instead of informed discourse. To be fair to both governments, the Foreign Offices in recent months have been restrained in the face of provocation from the media. If Islamabad was at pains to explain to the local media that granting ‘Most Favoured Nation’ status to India was not equivalent to making it Pakistan’s ‘Most Favourite Nation’, officials of the Ministry of External Affairs sought to drive home the fact that both Kashmir and the Mumbai terror attacks got equal play in the last round of Foreign Secretary-level talks. Both governments have been trying to create space for each other to navigate the slippery route to peaceful co-existence and cooperation, made all the more treacherous by the media which has allowed shrill voices to flourish to the detriment of sane and studied opinion. Mercifully, the media-created fiasco that made the Pakistan government — already under siege for other reasons — look bad did not stall Surjeet Singh’s release. His return should now set the stage for the repatriation of all Indian and Pakistani prisoners who remain incarcerated across the border despite completing their sentences.”
It is time the media, print and visual, introspected itself whether it’s disseminating information in the true sense or adding unwanted colour and its own perception to get attention. Sensationalism has become the order of the day. Many sections of the media are obsessed with false reports. Vying with one another to be the first to report and in competitive sensationalism, media houses display insensivity to human sufferings, particularly during major calamities and damages caused to the national psyche, when issues of national importance, public order, governance and economic development are discussed/ reported. It is time journalism became true journalism again – reporting, reviewing, analyzing and acting as a bridge between the rulers and the ruled in unbiased manner. What we see today is more of ‘investigative journalism, reporting questionable information and drawing hasty conclusions. It should go back to the basics of checking facts before publishing/ reporting news.
In contrast to the media’s attitude towards the UPA government at the Centre, making mountains of mole hills and concocting stories out of nothing, their attitude towards the anti-people and anti-democratic regime of Jayalalitha in Tamil Nadu, is shamefully cowardly, submissive and sycophantic. The reasons are obvious: the rulers at the Centre are seasoned democrats, while the one in the state is an unchanging autocrat. Braving democracy and capitulating to autocracy is not the creed of free and independent journalism.
The fact that the media plays a significant role in a democracy cannot be denied. But it stands badly exposed now. In many cases, the media instead of informing and creating public opinion, creates confusion and distorts public opinion. It should bear in mind that it occupies an important place in a democracy.
In the words of MalcolmX, the famous American leader, “The media’s the most powerful entity on the earth. They have the power to make the innocent guilty, and the guilty innocent, and that’s power. Because they control the minds of the masses. It is, therefore, important for the media to be responsible.”

Thursday, 5 July 2012

As is the CM, so are police and official machinery

A Classic case of illegal detention under Goondas Act during Jaya regime
HC awarded a monetary compensation for the damage and suffering undergone by the detenu
Jayalalitha’s regime in Tamil Nadu have acquired notoriety for blatant misuse of power, indiscriminate and illegal arrests and detentions and suppression of all constitutional rights. As Chief Minister if Jayalalitha is bent on foisting false case and invoke preventive detention laws to arrest and detain her political opponents, the entire official machinery and police force get corrupted and adopt her modus operandi for their own ends.
Here is a classic case of an inspector of police, for ransom, arresting an innocent man, foisting false cases against him and illegally placing him under Goondas Act with the connivance of his superior officials and the District Collector, during the previous regime of Jayalalitha, only to be acquitted by the High Court which also awarded him monetary compensation payable by the officials for the damage and suffering undergone by him. The poor gentleman whose rights were invaded by the police of the cruel regime was Thameem Ansari. Here is his story:
The police have concocted cases, out of thin air, complete with damning "evidence", and, in one of those cases, managed to keep a man in jail for 6 months under the Goonda's act. The only reason the truth ever came out in that case, was because the police made a mistake, and a tenacious defense attorney brought it to the attention of two honest High Court judges...
Thameem Ansari spent 6 months in Vellore Central prison as a bootlegger under the Goonda's act. His story, detailed in a number of press accounts, as well as in the High Court judgement of his case, is instructive of the way law enforcement worked under ADMK regime. There's an interesting twist at the end of the story -- a celebrity surprise, shall we say? We hope that's enough of a teaser to keep you reading.
It was late November 16 and 17, 2003 around midnight. Thameem Ansari was sound asleep in bed when the knock came at the door. Must be someone whose car broke down, thought Thameem. Over 25 years, he had built a good name for his thriving auto-repair business. He secured his lungi tightly as he walked to the door.
It was Chengelpet Inspector J Sivakumar. He told Thameem to put on a shirt and come with him. Oh, and bring your cell phone, he instructed. Luckily, a neighbor saw Thameem leaving in the police jeep. He and Thameem's uncle followed it to the station, one on his Yamaha motorcycle and the other in his Maruti van. The jeep was inside the gate, so they returned home.
The next day, when his family went to enquire after Thameem, the good Inspector demanded 1 lakh rupees for his release. When they pleaded that wasn't possible, Inspector Sivakumar said he would settle for a Toyota Qualis van in lieu. That was his final offer. Otherwise, he warned, I'll have your husband booked under the Goonda's Act and have him thrown in jail for a full year. Before Thameem's family and friends could leave the station, the inspector had his constables take their vehicles, a Yamaha motorcycle and a Maruti van.
The police did exactly as they had promised. After all their CM had shown the way for booking people disliked by her: place some narcotic drug or ganja and arrest. They scripted a case, casting Thameem as villain. It wasn't just an arbitrary accusation. They had incontrovertible evidence to prove the charges. Eyewitnesses had seen Thameem drive up in broad daylight to an abandoned Yamaha motorcycle in his Maruti van and load 3 bottles of spurious alcohol from it. When the police stopped him and inspected the van, they found it full of bottles of bootleg liqour, that smelled so foul, it made Inspector Sivakumar's eyes and nostrils burn. Forensic examination of the liquid proved it was spurious liqour. They arrested Thameem the bootlegger, and seized the two vehicles. It didn't take long for Thameem to confess everything during police interrogation. Afterwards, Thameem had, through his family, tried to influence senior officers to let him off the hook. The police had cell phone records to prove it.
It was an open-and-shut case. Uncontradicted "eye-witness" statements, "forensic analysis" of the seized liqour, the "seized vehicles" (laced, perhaps with traces of spirit) and even a signed "confession" -- that was good enough for the sessions court. The court twice denied Thameem bail on the basis of this "solid" evidence. Then how to prolong the detention without bail? Again CM Jaya had shown the way: Slap Goonda’s Act. The District Collector of Kanchipuram didn't hesitate a bit to slap the Goonda's Act on Thameem. You see, even though he had no prior record, more than one charge arose from the present case.
"Eye-witness testimony", "confessional statements", "forensic evidence", "cell phone records", "seized vehicles". Does any of this sound familiar?
Where the story fell apart was in the Madras High Court. You see, Thameem's lawyer decided to do his own investigation. He decided to get the original bills for Thameem's mobile phone from Airtel. At first, the police blocked this. But, Thameem's attorney persisted. He sent a legal notice to Airtel, and forced them to send the original cell phone records, which were a bit different from the ones the police presented as evidence.
Thameem's lawyer set to call up each of the numbers on the Airtel bill that occurred after Thameem was taken into custody. And you know what he discovered? Many of them were to Inspector Sivakumar's superiors. Of course, that only went to substantiate the prosecution claims that Thameem or his family sought to influence senior officers. But, in between all these, there were a number of calls to one particular private residence. It took a lot of footwork, but he finally figured out to whom the calls were placed: Inspector Sivakumar's ex-wife and his two children.
The High Court judges saw through the whole charade. The Inspector had been the one making the phone calls to his superiors and to his children. And everyone else -- the other policemen witnesses, the prosecutor, the District Collector, they had all played along.
Sivakumar emphasized one thing in his defense. He had only acted on orders from his superiors, who were fully apprised at each step of the way. And the fact of the matter is, this must be so. For, how else could such an elaborate set-up sustain?
Someone had to arrange to get a sample of spurious liqour from the Prohibition Wing's cache to send to the lab. Someone had to corroborate the seizure of the bootleg and van, and arrange for the eye-witness testimony. Some other policemen had to corroborate the interrogation, and get Thameem's signature on blank pieces of paper for his "confession". Someone with clout had to make certain that the District Collector and the lower court magistrates would toe the line. Someone with authority had to intimidate the cell phone company, when the defense started to make trouble.
A measly Inspector and two constables couldn't possibly acheive all this on their own.  So, who do you think Inspector Sivakumar called first after he requisitioned Thameem Ansari's phone? It was the private cell number of an Additional District Superintendent of Police, in the close books of Jayalalitha.
On May 2, 2003, The Madras High Court expressed dismay at the illegal detention of the businessman for about six months, under the Goondas Act, by the police inspector who demanded Rs. 1 lakh from the victim, and directed the Prohibition and Excise Secretary, the Kancheepuram Collector and the inspector to pay him a compensation of Rs. 1 lakh within four weeks.
Setting at liberty B. Thameem Ansari of Tambaram, a Division Bench comprising Justice P. Shanmugam and Justice S.K. Krishnan said: "The provisions of the Preventive Detention Act have been misused, misapplied and used for a wrong purpose... The personal rights of an innocent person have been seriously infringed... The Government has got a duty to repair the damage done by its officer to  Ansari's rights".
The automobile repair workshop owner was picked up by the inspector, Prohibition and Enforcement Wing, at Anna Nagar in Chengalpattu, during midnight on November 16-17 on a `false' charge of bootlegging. The inspector demanded payment of Rs. 1 lakh from his relatives, failing which, he threatened, he would detain Ansari under the Goondas Act for one year. The inspector started using Ansari's cellphone also.
As the family members decided not to meet the illegal demand, Ansari was formally arrested and remanded to custody. His bail petitions were dismissed twice, and the Collector finally detained him under the Goondas Act without even disposing of a pre-detention representation submitted by Ansari's wife. As per the grounds of detention, he was a `bootlegger' and was arrested when he was carrying illicit liquor on the national highway opposite the Vandalur zoo. Meanwhile, the detenu's father, M.A. Badrudeen, moved a habeas corpus petition.
Pointing out `glaring defects' and describing it as an extraordinary case of misuse of the provisions of the Preventive Detention Act, the judges said "a mechanical detention order had been passed, depriving the detenu of valuable fundamental right guaranteed to him".
"Even a cursory reading of the grounds of detention would make clear that there are no materials or basic facts for arriving at the subjective satisfaction to hold that the detenu is a bootlegger... The seizure mahazar and the confession statement are all attested by inspector J. Sivakumar and two constables. There are no independent witnesses. Except the confession statement, not an iota of evidence is available for linking the detenu with the crime. It is unbelievable that on a busy national highway, opposite the Vandalur zoo, no independent witnesses were available. On this slender and doubtful material, the whole case of preventive detention is based.''
"We are concerned with the conduct of the inspector in obtaining a signed confession statement contrary to Section 162 Cr.P.C, and it appears the blank paper signed by the detenu was utilised and the contents were filled up for the purpose of the case or the detenu was forced to sign on a marked place," the judges observed.
Citing the call summary obtained from Airtel, the Bench said the inspector had tampered with even the telephone bill, and the correct bill was furnished only after a legal notice was served.
On the Collector's role, the judges said, "we have no hesitation holding that the order of detention is illegal and passed with no basic materials available, in an arbitrary manner. The detaining authority would not have passed this order had he applied his mind to the facts of the case. Before the guaranteed and safeguarded rights of a person are taken away, there should be a proper application of mind to facts and law".
"We find that the constitutional and legal rights of the detenu had been invaded and the resultant detention cannot be washed away by the order of revocation, and therefore, even though we cannot technically set aside the order of detention, this is a fit case to award a monetary compensation for the deprivation of the detenu's personal liberty and the damage and the suffering he had undergone".
The old saying ‘As is the King, so are the people’ has to be interpreted during Jaya regime as “As is the Chief Minister, so are the Police and official machinery.”