Thursday, March 31, 2011

Provisional 2011 Census data with a Focus on Violence

First, we start off on Assam in detail:
Data type 2001 2011 (from Linky 1, Linky 2 and Linky 3)

Population (in millions) 26.66 31.17
Decadal growth rate (%) 18.92 16.93
Sex Ratio (per 1000 males) 923 (1991) 935 954
Child Sex Ratio (0-6 years) (per 1000 males) 975 (1991) 964 957

Literacy Rate (%) 52.89 (1991) 63.25 73.18 (Linky 4 and Linky 5)
Female Literacy Rate (%) 43.03 (1991) 54.61 67.27
Gap in Literacy Rate (Male % - Female %) 18.84 (1991) 15.9 11.54
Total Fertility Rate 3.68 (~1992-93) 2.6 (~2008)

Overall, Assam seems to have done well in educating its masses, as well as its women. As I noted in my previous post, this seems to bode well for Assam's future vis-a-vis violence. Plus, the decrease in TFR is a good and welcoming sign. But life is more complicated than mere numbers: uncontrolled immigration from Bangladesh, the enfranchising of the Muslim votebank and the ensuing communalization of day-to-day life, endemic corruption in civil society and bureaucracy means that stranger turns can be expected sooner than later.

Continuing from that post, here are the Difference in Literacy Indicators from 2001 and 2011 for other states in the Violence belt (of all types: Northeast, Red and Muslim terror-dominated)
Sikkim 15.27 10.86
Arunachal 19.83 14.12
Nagaland 9.85 6.60
Manipur 18.17 13.32
Mizoram 4.56 4.32
Tripura 16.06 9.03
Meghalaya 5.73 3.39

Jharkhand 28.56 22.20
Chattisgarh 25.46 20.86
Orissa 24.98 18.04
Bihar 26.75 20.06
UP 27.25 19.98
J&K 23.93 20.25

While most states, including the hugely populous Bihar and UP, have made a dramatic cut of >5% in the differential, with the understanding that it gets harder to cut this gap as the number becomes small (as is the case with Nagaland, Meghalaya and Manipur), J&K with a smaller population seems to be lagging behind. The consequences of this gap will be there to see soon unless pro-active measures are taken towards female literacy.

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Saturday, March 26, 2011

The Not-so Curious Case of Dima Halem Daogah (J)

Dima Halam Daogah (J) is a splinter of a major terrorist group active in the North Cachar Hills district of Assam with sustenance of sorts from the Dimasa tribe. See more on DHD at Linky 1. DHD(J) has recently been caught in a big scandal in Assam, some background on this is available at Linky 2.

More background on this case from the NIA chargesheet as follows Linky 3:

Government of India vide order No. 17011/50/2009-IS: VI dated 1 June 2009, directed National Investigation Agency to take up the investigations of Crime No. 170/2009 of Basistha Police Station and Crime No.3/2009 of Diyungmukh Police Station in the State of Assam.
...
As per the FIR, the complainant had, on the basis of specific source information, intercepted vehicle number AS01AH 1422 (Scorpio) and vehicle number AS01L 0609 (SUMO) at 14th Mile, GS Road and conducted search of the vehicles. The two persons travelling in the vehicles (other than the two drivers) were found in possession of Rs. 1 crore in cash and were armed with two pistols. They were suspected to be cadres /link-men of Dima Halem Daogah [DHD(J)], a terrorist gang active in Assam. The two persons, namely, Phojendra Hojai and Babul Kemprai were arrested. Accordingly, this case was registered against them under section 120-B, 121 and 121-A IPC and Sec. 25(1)-(b)(a) Arms Act.

During investigation, it was revealed that the seizure of huge cash and arms was part of a larger criminal conspiracy for waging war against the state by the above named accused persons. In furtherance of the said criminal conspiracy hatched in November 2008 in Guwahati, North Cachar Hills District and other places, the elected Chief Executive Member (CEM) of North Cachar Hills Autonomous Council (NCHAC) resigned from the position to make way for Mohit Hojai A-3 to assume charge as the new CEM. Subsequently, Mohit Hojai and the other accused public servants, alongwith accused Contractors, committed criminal misconduct and defalcated huge sums of money from the funds available with NCHAC, which was channelized through Hawala operators at Guwahati and Kolkata to reach arms smugglers who smuggled in arms and ammunitions and supplied it to DHD(J) for them to commit acts of terror and violence and to wage war against state with a view to overawe its legitimate authority.


17. FACTS DISCLOSED DURING INVESTIGATION

17.1 Dima Halim Daogah (DHD) is a splinter group of the former armed insurgent group of Assam called Dimasa National Security Force (DNSF), which had surrendered enmasse in 1995, except for its self-styled Commander-in-Chief Jewel Garlosa. Subsequently said Jewel Garlosa launched the DHD. Its declared objective is to create a separate State of 'Dimaraj' for the Dimasas (‘Sons of the Great River’) tribe, comprising Dimasa-dominated areas of the North Cachar Hills and Karbi Anglong districts of Assam and parts of Dimapur district of Nagaland.

17.2 Pranab Nunisa, who rose to become the Commander-in-Chief of DHD and the head of the outfit’s armed wing, the Dima National Army, took over the command of DHD by ousting its President accused Jewel Garlosa on charges of anti-DHD activity. DHD, headed by Nunisa, forged a cease-fire with the Government in the year 2003 and surrendered. Jewel Garlosa, however, had gone ahead and formed a separate outfit on 31 March 2003, which, according to him, was the official DHD. Militants belonging to Hmar People’s Convention - Democrats (HPC-D) abducted 23 Dimasa tribal men from two villages within Sonai Police Station limits in Cachar district after torching about 450 dwellings on 31 March 2003 and later killed all of them. Among those killed, 17 men had families and these 17 widows called themselves Black Widows and vouched to take revenge on the Hmars. DHD (Jewel Garlosa) faction also adopted the name Black Widows and stepped up their acts of violence and terror mainly in Cachar, NC Hills and Nagaon districts of Assam. It has also a strong presence in the Dimasa dominated Dhansiri area of Karbi Anglong district.

17.3 DHD(J) is also reported to have linkages with the National Socialist Council of Nagaland – Isac - Muivah (NSCN-IM) and the National Democratic Front of Bodoland (NDFB), two of the most dreaded militant groups currently active in the North-East.

17.4 The main activity of the DHD(J) after 2006 was to siphon off Government funds through extortion and with the help of elected members of the Council, Contractors and Government servants in order to finance their subversive activities mainly targeted at major infrastructure projects in that area. Two Government projects badly affected by the acts of terror and violence by DHD(J) are the ‘East West Corridor Project’ and the Broad Gauge Conversion Project between Lumding and Silchar. DHD(J) has also indulged in several attacks on the security forces - notable ones are the ambush on the Central Reserve Police Force (CRPF) personnel in which seven men were killed and the ambush on the Assam police party in which six men lost their lives. In the past two years, DHD(J) have laid three major ambushes on the security forces besides other killings. The violence levels by the group have increased significantly after 2006. It was revealed in investigation that some of the weapons obtained from DHD(J) and presently in the custody of the State have the same number and make as that of the weapons looted after the killing of security force personnel by the DHD(J). Thus it is evident that the DHD(J) has been indulging in terrorist acts within the meaning of section 15 of the UA(P) Act, 1967.

17.5 Investigation revealed that North Cachar Hills is one of the two hill-districts of Assam. It was a part of Cachar district till the formation of United NC Hills & Mikir Hills districts in 1951. The Constitution of India gave it the status of an autonomous district. In 1970 NC Hills was separated from the United NC Hills & Mikir Hills and was made a full-fledged district. The North Cachar Hills Autonomous District Council (NCHAC) was constituted under the provisions of the sixth schedule to the Constitution of India to administer the autonomous district. NCHAC has three wings of administration viz. Legislature, Judiciary, and Executive. Apart from the subjects enshrined in the sixth schedule, the Government of Assam have transferred almost all the administrative departments with executive power to the Council except for General Administration, Police, Treasury, Election and Judiciary. The NCHAC has 28 members in the Executive Committee including 2 nominated members. There are 12 Executive Members, each of whom is placed in charge of a department. The leader of the majority party is chosen as the CEM who has the finance portfolio of the Council. There is a Planning Board for the NCHAC and CEM is also the Chairman of the Planning Board. NCHAC is under the administrative responsibility of the Hill Area Development Department of the Government of Assam.

17.6 The financial rules applicable to NCHAC are Assam Financial Rules (AFR) as there are no separate financial rules exclusively meant for NC Hills and NCHAC. The purchase of stores and contract of works are, likewise, to be carried out as per the laid down store purchase procedure meant for the whole State. All payments to the contractors/suppliers are to be made through Cheque / Bank Draft by the respective department. This is a mandatory requirement under the Office Memorandum No. BW. 58/92/Pt II/76 dated 12 December 2005 issued by the Finance Department, Government of Assam.

17.7 It is further revealed that the elections to NCHAC was last held in 2007 and Autonomous State Demand Committee (ASDC) party was elected to power in alliance with the BJP. ASDC and BJP alliance won 21 seats and Independents won 4 seats. ASDC had the tacit support of DHD(J). Shri Dipolal Hojai became the CEM. Dipolal Hojai was not able to fulfill the demands of the DHD(J) regarding supply of funds for procurement of Arms and for carrying out the terror activities which was not liked by the DHD(J) leadership.

17.8 Investigation further disclosed that on 26 November 2008 Niranjan Hojai, A-11 [Commander-in Chief of (DHD(J)] called PW Shri Bijoy Sengyung on phone when the latter was at the residence of Shri Dipolal Hojai (the then CEM). Niranjan Hojai A-11 had earlier directed Shri Dipolal Hojai to convene a meeting of all the Executive Members of the Council. Accordingly Shri Dipolal Hojai convened the meeting of the members of the Council at his residence in the evening on 26 November 2008. It was at the meeting that the accused Niranjan Hojai called Executive Member Shri Bijoy Sengyung. Since the speaker phone of Bijoyendra Senguing was not good, he called on the phone of PW Kulendra Daulagupu and went on to address the Executive Members on the speakerphone (of the mobile-phone of Shri Kulendra Daulagupu). He directed Shri Dipolal Hojai to resign from the position as CEM by the very next day. He nominated Mohit Hojai A-3 to be elected as the new CEM and also threatened Dipolal Hojai “If you don’t listen, you will have the same fate as Purnendu Langthasa,”. [Suspected DHD(J) militants killed former Chief Executive Member of the North Cachar Hills Autonomous Council, Purnendu Langthasa and former executive member of the Council, Nindu Langthasa at Langlai Hasnu village in the NC Hills district in June 2007. Both were candidates of the ruling Congress party for the ensuing Council election. The militant group had been warning and demanding an amount of Rs one crore from the victims for their safety for the elections. A few members of DHD(J) are facing trial in the said case of double-murder.] These directions were complied with without any protest. Shri Dipolal Hojai resigned his position as CEM citing health reasons on 27 November 2008. His resignation was accepted by the Government in the last week of December 2008. Mohit Hojai A-3 was elected unopposed to be the CEM. He took over charge as the new CEM on 2 January 2009. He retained with him as CEM the portfolio of Finance, General Administration, Land Revenue, Information and Public Relations, Sports &
Youth Welfare and Cultural Affairs.

17.9 It is evident that that there was a tacit understanding between Niranjan Hojai A-11 and Mohit Hojai A-3 regarding governance of NCHAC, especially regarding illegally channelizing funds of NCHAC to DHD(J).

17.10 It was revealed during investigation that on 30 March 2009 Mohet Hojai A-3 and Phojendra Hojai A-1 met at the residence of Mohet Hojai A-3 for giving money to DHD(J). In pursuance thereof, money was to be delivered on 31st March 2009. The Call data Report of the mobile phones of Mohet Hojai and Phojendra Hojai reveals frequent telephonic contact between Mohet Hojai A-3 and Phojendra Hojai A-1 in this regard. On the next day (31 March 2009) Phojendra Hojai A-1 received a call on his mobile from Niranjan Hojai A-11 of DHD(J), who, after introducing himself, asked him to follow the orders of Mohet Hojai A-3. Phojendra Hojai A-1 met Mohet Hojai A-3 again that day. Mohet Hojai A-3 told him that Rs. One crore was to be delivered to someone from DHD(J). The DHD(J) cadre would establish telephonic contact with Phojendra Hojai A-1 and he should get the money delivered as per the instructions of DHD(J) cadres. He further told him to get in touch with Babul Kemprai A-2 and that he should be ready to leave by 12 noon, the next day.

17.11 Investigation disclosed that on 1st April, 2009, Phojendra Hojai A-1 and Babul Kemprai A-2 carried Rs 1 crore given by Mohet Hojai A-3 to Babul Kemprai A-2 and travelled in two different vehicles i.e one Scorpio and one TATA SUMO and proceeded towards Shillong. During their journey, Niranjan Hojai A-11 and Mohet Hojai A-3 made several calls to Phojendra Hojai and Babul Kemprai with regard to their whereabouts and their movement.

17.12 It is also disclosed that while Phojendra Hojai A-1 was being brought to the police station, he also received many phone calls. One such call was that of Mohet Hojai A-3 who enquired about whether he was caught by the Police or whether he had delivered the money. Immediately after that Niranjan Hojai A-11 called him up and asked whether he had delivered the money. He also asked as to whom he had delivered the money and how many vehicles had come. He asked as to whether he was safe and whether the police had arrested him. These two calls were found recorded in the phone of Phojendra Hojai A-1. At the time of being taken for production at the Court, Phojendra Hojai A-1 and Babul Kemprai A-2 were surrounded by media personnel who questioned them on their involvement in the case. Both the accused replied that the money was being sent by Mohet Hojai A-3 and they were carrying it to be delivered as per his instructions. The statements made to the pressmen by accused Phojendra Hojai A-1 and Babul Kemprai A-2 were aired in the local TV news channels the next day.

17.13 During investigation by Basistha Police it is revealed that after the arrest of Phojendra Hojai A-1 and Babul Kemprai A-2, Assam police recorded the statements of the accused and the police personnel who were involved in the seizure of Rs 1 crore. The two drivers of the vehicles were not arraigned as accused as they were not found involved and were therefore not arrested. The two pistols seized by the police were sent to the Armourer of Assam police for firearm examination and identification. Phojendra Hojai A-1 and Babul Kemprai A-2 were taken on police remand for interrogation. Later they were transferred to judicial custody and both of them were enlarged on bail by the Hon’ble Guwahati High Court. Assam Police also arrested Mohet Hojai A-3 and RH Khan A-4 on 31 May 2009 and searched their houses. From the House of RH Khan A-4, cash amounting to Rs 4 lakhs was recovered. This amount was a part of the huge amount of money siphoned by RH Khan as a part of the criminal conspiracy to supply funds for the DHD(J). Investigation revealed that Mohet Hojai A-3 was sending money to Niranjan Hojai A-11 of the DHD(J) and that the Rs 70 lakhs had been sent by Jayanta Kumar Ghosh A-12 and the rest Rs 30 lakhs by RH Khan A-4 who was the Deputy Director in the Social Welfare Department in NCHAC. RH Khan A-4 was made the Liaison Officer of NCHAC in addition to his responsibility as Deputy Director, Social Welfare Department on the recommendations of Shri AK Barua, Principal Secretary (in additional charge) of NCHAC. As Liaison Officer, he used to get the funds budgeted for NCHAC released by the State Government and in pursuance to said criminal conspiracy, provided the funds to the DHD(J) by fraudulently channelizing the funds of NCHAC.

17.14 In early June 2009, a team of Assam Police personnel proceeded to Bangalore on some specific information about the presence of Jewel Garlosa A-5, the Chairman of DHD(J) there. In Bangalore, they arrested three persons including Jewel Garlosa A-5, Ahshringdao Waris A-6 and Samir Ahmed A-7. Some incriminating documents were also seized from the search of their residential premises at Bangalore. Jewel Garlosa A-5 was staying at Bangalore on a fake name and identity to conceal his true identity and to evade arrest by police. They were brought to Guwahati on transit remand from Bangalore. The police custody of accused Jewel Garlosa and others arrested in Bangalore was given to the NIA, which had taken over the investigation of this case on 5 June 2009.

17.15 Investigation further revealed that Samir Ahmed A-7, an employee at HSBC Bank at Bangalore, is the childhood friend of Ahshringdao Waris A-6 (alias Partho Waris) and had settled down in Bangalore. Despite the knowledge Samir Ahmed A-7 had about Ahshringdao Waris A-6 that he is a member of the dreaded DHD(J) and had been earlier caught with a consignment of weapons, he approached and invited Ahshringdao Waris A-6 to Bangalore and for conducting his unlawful activities from there. As a result, Ahshringdao Waris A-6 came to Bangalore and established his safe stay there. After setting up the hide-out at Bangalore, Ahshringdao Waris A-6 went to accompany the accused Jewel Garlosa from Nepal. All this was in the knowledge of Samir Ahmed A-7. Ahshringdao Waris A-6 received Jewel Garlosa A-5 at Gorakhpur and brought him to Bangalore by air via Delhi.

17.16 Investigation made at Bangalore revealed that they procured SIM cards, driving licenses etc on providing fake identities of one Anandra Singh and Debojit Singha. In making all these fake documents of identity, Samir Ahmed A-7 actively helped them all the way. He forged the X class mark-sheet of his wife Jilly Basumatary and also a lease deed to show them as regular residents of Bangalore. He changed the name of his wife on her marksheet to Debojit Singha. He had also changed the date and inserted the date of birth since date of birth is not mentioned in the mark-sheets in the North East. In fact Ahshringdao Waris A-6 and Jewel Garlosa A-5 had actually asked A-7 Samir to make a fake passport but that could not be managed and instead, a driving license on a fake name was prepared. The fact that a number of SIM cards were given to said Ahshringdao Waris A-6 and Jewel Garlosa A-5 show that Sameer Ahmed A-7 had the full knowledge about the secret nature of their activities. Sameer Ahmed A-7 also helped them create email accounts and taught them how to use the net. Accused Ahshringdao Waris A-6 and Jewel Garlosa A-5 then sent emails to Niranjan Hojai A-11 (C-In-C) of DHD(J). This, they did at the email address hasaorajee@yahoo.com of Niranjan Hojai A-11. They also sent mails to one Ranjan Daimari of the NDFB regarding providing shelter and logistics to the cadres of DHD(J). Sameer Ahmed A-7 made financial gain from them and in token, he was also taken for a leisure trip to Goa by Ahshringdao Waris A-6 in return for the services provided by him for the DHD(J).

17.17 Investigation revealed that Jewel Gorlosa A-5 and Ahshringdao Waris A-6 used to visit Bodyline, a gymnasium under the assumed names of Debojit Singha and Anandra Singha. The house where Jewel Garlosa A-5 and Ahshringdao Waris A-6 were staying was taken on rent by Sameer Ahmed A-7 on the plea that it was for his family. When the owner objected to somebody else (Jewel Garlosa and Ahshringdao Waris) staying there, Sameer Ahmed A-7 intervened to pacify the landlord. Sameer Ahmed A-7’s wife went and vacated the house after the arrest of these accused persons.

17.18 While Jewel Garlosa A-5 Gorlosa chose to shift his base to Bangalore, Niranjan Hojai A-11 continued to live abroad controlling the activities of DHD(J) over phone and email. Ahshringdao Waris A-6 met Niranjan Hojai A-11 and Jewel Garlosa A-5 Gorlosa in Kathmandu, where the two accused were found staying in the hotel in front of the palace of the Raja of Nepal. After meeting Ahshringdao Waris A-6, both Niranjan Hojai A-11 and Jewel Garlosa A-5 then went in the same flight to Bangkok on 25 December 2007 on Nepali passports. Both the accused stayed at Radisson Hotel in Bangkok and returned to Kathmandu. The utilisation of funds generated from NCHAC and procurement of weapons from abroad utilizing the funds so appropriated were the main activity indulged in by Niranjan Hojai A-11 who visited Nepal, Thailand and Malaysia for procurement of Arms and Ammunition for waging war against the State and for terrorist activities.

17.19 Investigation revealed that on the basis of information regarding the presence of Arms smugglers at Mizoram, a team of NIA went to Mizoram. Investigation in Mizoram disclosed that one Vanlalchhana of Mizoram A-8 was one of the Arms dealers involved in Arms smuggling from abroad and was likely to receive the money sent by Mohet Hojai A-3 on the 1 April 2009 for the delivery of Arms to DHD(J). Vanlalchhana A-8 had deposited huge amount of money in his SBI account. Vanlalchhana A-8 was the person who had visited Singapore and Thailand and met Jewel Garlosa A-5 and Niranjan Hojai A-11 in connection with arms supply to DHD(J).

17.20 Vanlalchhana A-8 alias Vantea was arrested who disclosed during his examination that he had kept a consignment of weapons at a place called Saronveng in the house of Nampui. This consignment of weapons was meant to be delivered to the DHD(J), as per the disclosure of Vanlalchhana in presence of witnesses. On the basis of this disclosure, the following arms and equipments were recovered.
i) 8 nos of M-16 rifles made in Singapore
ii) One 9 mm pistol Baretta
iii) 12 walkie talkie sets
iv) 12 walkie talkie chargers
v) One telescope Bushnell

17.21 Vanlalchhana A-8 identified the photograph of Niranjan Hojai which was mixed with other photographs before the Executive Magistrate. Vanlalchhana A-8 said that he had sent arms at least ten times to the DHD(J). He also disclosed regarding his visit to Kolkata regarding conversion of Indian Rupees to Dollars on the instance of Niranjan Hojai A-11. He visited Kathmandu with another friend called Chhungup to hand over the dollars to Niranjan Hojai A-11 for the procurement of Arms. He converted amounts of more than 1 crore to dollars at least three times for Niranjan Hojai A-11 which was received by him at Kolkata after being siphoned away from the Council funds by Mohet Hojai A-3, RH Khan A-4 and others. Vanlalchhana revealed that he was getting Rs 1 for every dollar which he got converted for Niranjan Hojai A-11. Vanlalchhana A-8 was also able to identify Jewel Garlosa A-5 from the photographs shown to him. This was done after mixing suspect photographs with the photographs of other persons from the same region and preparing an identification memo in front of an executive magistrate. The analysis of call data of Vanlalchhana revealed that one Mizo lady by name Malsawmkimi A-9 was helping him in converting rupees to Dollars at Kolkata. The CDR also revealed that Vanlalchhana was in constant touch with accused George Lawmthang A-10 in Kolkata.

17.22 Investigation further revealed that a portion of funds allotted to two main Departments i.e Public Health Engineering (PHE) Department and Social Welfare Department were utilized by the DHD(J). This was considering the fact that the money which was seized on 1 April 2009 (the present case FIR 01/09 of NIA) was funded partially by Jayanta Kumar Ghosh A-12 (A PHE and Social Welfare Contractor) and RH Khan A-4 (Dy Director, Social Welfare). It was found during investigation that an amount of Rs 13.5 crore was siphoned away directly from the bank account of Social Welfare Department in the year 2008-2009 besides a large amount by other means and about Rs 3 crores were siphoned from the PHE Department in the year 2009 itself.

17.23 Investigation conducted at Halflong revealed that in pursuance to the said criminal conspiracy, RH Khan A-4 while working as Dy. Director kept Cheque Books, Pass Books and other related papers with him and also used to make payments to the suppliers personally. The hard disc of his computer revealed that R.H. Khan A-4 not only dealt with matters of his own department but also of other departments as well as the affairs of the Chief Executive Member (CEM), Mohet Hojai A-3 and the Principal Secretary. There are letters on behalf of the Principal Secretary of NC Hills recommending administrative approvals, grant of funds, financial approvals etc. recovered from the official computer of R.H. Khan A-4. There are also letters on behalf of the Mohet Hojai A-3 recommending the grant of supply order to specific firms. There are also letters on behalf of the Agriculture Department and the PWD Department showing that RH Khan A-4 was not only controlling finances of his own department but also other Departments. RH Khan A-4 used to make letter pads and bills on behalf of various firms on his own computer by changing the font size and style. This has also been brought out in the expert report received after analysis of the computer seized from his office through C-DAC Tiruvananthapuram.

17.24 Investigation has revealed that accused R.H.Khan A-4, used the following methods to provide funds to the CEM, Mohet Hojai for sending it to the DHD(J) for supporting their activities:
1. Took private persons in confidence and obtained their signatures on blank bills/receipts/vouchers, filled/got them filled up and used the same for providing funds
2. Made bogus/fictitious bills/vouchers/receipts and used the same for providing funds.
3. Obtained supplies from non registered suppliers/contractors and took his share of the bills paid to them.
4. Showed exaggerated supplies to anganwadi centres from Self Help Groups.
5. Showed constructions of Safe drinking water tanks and disbursed the payments for the same without any construction on ground.
6. Obtained receipts for more amount but paid less to physically handicapped persons as aid.
7. Directly took away funds from the bank without mentioning the same in office records.
8. Showed payments disbursed to adolescent girls without actually doing so.

To do the acts mentioned above, RH Khan threatened his employees who obeyed his orders for fear of life.

17.25 Investigation has further revealed that R.H. Khan A-4 entered into a criminal conspiracy with Jayanto Kumar Ghosh A-12 and others and in furtherance thereof showed the payments of about Rs 32,07,800 in the year 2009 against supplies to different firms of J.K. Ghosh A-11 without any supply of material. Thus, RH Khan from his above act used to generate the fund to finance the terrorist activities through Niranjan Hojai A-11 for purchase of Arms for the DHD(J).

17.26 Investigation revealed that Mohet Hojai A-3 took over the charge of CEM of NC Hills in Jan 2009 and was aware that the funds for the ARP schemes were to be released by the HAD department shortly. In connivance with Government officials NC Hills and Jayanta Kumar Ghosh A-12 @ Dhrubo Ghosh, (a contractor managing firms namely M/S MAA Trading, M/S Lokanath Trading, M/S Jeet Enterprises and others), Mohet Hojai A-3, issued supply orders to the firms of the accused Jayanta Kumar Ghosh A-12 being well aware that the market rates for the supply of pipes were less than half the rates at which the supply orders were.

17.27 Investigation revealed that Jayanta Kumar Ghosh A-12 took three rooms on rent in Hotel Pragati Manor at Guwahati between 19/03/09 to 23/03/09. On 20/21-03-09 the accused Mohet Hojai and JK Ghosh called the Executive Engineer, PHE of Haflong and Maibang and pressurized/threatened them to issue advance cheques to firms M/S MAA Trading, M/S Jeet Enterprise and M/S Lokanath Trading without the supply of material. Debashis Bhattacharjee A-13 in whose names these firms are registered was also present at the time when this order was passed by Mohet Hojai A-3. Accordingly, the Ex Engineers of Maibang and Haflong issued
cheques without receiving the material in good faith that the material will be supplied shortly. But the firms did not supply the entire GI Pipes. There was a short supply of material worth Rs 69,86,660 to Ex Engineer PHE Haflong, Rs 16,73,841 to Ex Engineer PHE Umrangsu and Rs 3,08,964 to PHE Maibang. It is worth mentioning here that the supplies which were made apart from the short supply, were mostly done after the seizure of Rs 1 crore by the Assam police on 1 April 2009 in violation of all norms of propriety.

17.28 Investigation further revealed that the accused Mohet Hojai A-3 in connivance with officials of PHE Department, Haflong, also siphoned maintenance funds by issuing 13 cheques unauthorized to the tune of Rs 1,98,29,500 in the names of persons most of whom are non existing. Actually an amount of approximately 2.9 crores were released out of which Mohet Hojai had demanded 60% of the amount. Thus the entire amount of Rs 1,98,29,500 was withdrawn from the bank and given to the accused Mohet Hojai A-3 through one Jibangsu Paul (accused in case 02/09 PS NIA) and others. No work order or supply orders were issued for this payment.

Channeling funds for the DHD(J) through Hawala at Kolkata:
17.29 The investigation at Kolkata revealed two aspects of fund transfer. First, regarding the channelling of funds for DHD(J) from Guwahati through Kolkata with the help of accused Jayanta Kumar Ghosh A-12, Debashis Bhattacharjee A-13 and Sandip Ghosh A-14 and Phojendra Hojai A-1 and second regarding conversion of Rupees thus received to Dollars with the help of George Lawmthang A-10 and Malsawmkimi A-9.

17.30 The funds sent by Mohet Hojai A-3 from Guwahati for the DHD(J) were sent with the help of one Imdad Ali through Hundi (Hawala). The person involved in this parallel banking transactions apart from Imdad Ali was the hundi operator Rabi Agarwal. The funds were then received at Kolkata by accused Sandip Ghosh A-14, Debashis Bhattacharjee A-13 and Jayanta Kumar Ghosh A-12 and then handed over to Phojendra Hojai A-1.

17.31 On three other occasions in the year 2009, money was sent by Mohet Hojai A-3. All the money was received by accused Jayanta Kumar Ghosh A-12 and his men Sandip Ghosh A-14 and Debashis Bhattacharjee A-13 from various places and handed over to Phojendra Hojai A-1 at his place of stay. The records of Madhumilan Guest House and Hotel Shalimaar confirm the stay of Phojendra Hojai on various occasions. Accused Sandip Ghosh A-14 and Debashis Bhattacharjee A-13 delivered the hawala money to Phojendra Hojai at Kolkata four times. The first time money was brought in cash from Guwahati by Imdad Ali and Bapi and delivered at Madhumilan guest house at Bara Bazaar. This happened after the Council was formed in January 2008. Then, money was delivered twice to the tune of Rs 1 crore through Hawala. Money was collected from Marwaris whose addresses were given by Mohet Hojai A-3 and Imdad Ali. The system of identification with the help of the number of a note at the hands of the recipient was followed. After these three deliveries at the time of Dipolal Hojai, one consignment of more than Rs one crore was delivered at Hotel Shalimar to Phojendra Hojai A-1 in the beginning of the year 2009. Again the same system was followed. Money was again sent in the month of February 2009 and March 2009 at the time of Mohet Hojai A-3 as the CEM.

17.32 Vanlalchhana A-8, the Arms dealer, had made in his disclosure memo that he was also doing the business of exchange of dollars through Kolkata for Niranjan Hojai A-11. On the basis of this information and on the basis of analysis of the CDR of Vanlalchana A-8, it was found that two persons having a mobile number of Kolkata were in constant touch with Vanlalchhana A-8. In Mizoram a search was mounted for the lady called Malsawmkimi A-9 whose name was disclosed by Vanlalchhana A-8 as the person who was converting rupees to Dollars. The lady was found to have escaped to Kolkata. The NIA team took the help of Kolkata Police and located and arrested Malsawmkimi A-9 @ Sawmi and George Lawmthang A-10 @ Thanga, the Mizos in Kolkata who converted Rupees to Dollars for the DHD(J) and other organisations. A sum of about Rs 18 lakhs were also recovered from their possession which was to be converted to Dollars by Swami and Thanga. Accordingly, information was given to the designated authority i.e IG NIA regarding the seizure as per the provisions of section 25(5) of UA(P) Act through a special messenger. They were interrogated at Kolkata and they disclosed that they used to collect money from two hotels at Kolkata for conversion to Dollars. An identification memo was prepared by the IO and the two hotels were identified as Hotel Shalimaar and Madhumilan Guest House, the same places where Phojendra Hojai A-1 used to stay. Vanlalchhana A-8 used to visit Nepal for handing the money to Niranjan Hojai. The interrogation of Thanga revealed that he had done three transactions on the instructions of Malsawmkimi A-9. On all the three occasions they collected the money from the same person at Kolkata. Once it was at Hotel Shalimar and twice it was at Madhumilan Guest House. All these disclosures corroborate the statements of Phojendra Hojai A-1, Jayanta Kumar Ghosh A-12 and Sandip Ghosh A-12 regarding the exchange of money at Kolkata which was sent by Mohet Hojai A-3 for Niranjan Hojai A-11 of DHD(J). Later, Phojendra Hojai A-1 was identified by Malsawmkimi A-9 and George Lawmthang A-10 as the same person from whom they had collected money on behalf of Vanlalchhana A-8 for conversion to Dollars.

18. Charge
On the basis of investigation made and evidence so collected, there is sufficient evidence to prosecute A-1 to A-14 under sections 120(B), 121, 121A IPC, and sections 16, 17, 18, 19 and 20 UA(P) Act and also against A-1 and A-8 u/s 25(1)(d) Arms Act and section 19 of UA(P) Act against A-7. The sanction for prosecution under section 45 (2) UA(P) Act and section 196 CrPC has been obtained which is enclosed herewith.

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Monday, March 21, 2011

Legally Blind - Part Deux

1) Enemy Property Act revisited: Linky

In a setback to ‘Raja’ Mohammad Amir Khan, whose parents owned properties worth crores in Lucknow and migrated to Pakistan, the Delhi high court refused to entertain his plea challenging certain provisions of the Enemy Property Act. A division bench of Chief Justice Dipka Misra and Justice Sanjiv Khanna dismissed a petition filed by Khan challenging the provision of Enemy Property (Amendment and Validation) ordinance barring the judiciary from entertaining petition against the government.“

2) National interests precede private interest: Linky

The Supreme Court has finally ended the protracted legal battle between global concerns Voith Hydro GMBH Co and Alstom over building the Tehri pump storage plant and paved the way for Tehri Hydro Power Complex to become a major peaking station with an installed capacity of 2400 MW. The Supreme Court has asked Tehri Hydro Power Corporation (THPC) to complete scrutiny of tenders of the two companies within three weeks, saying national interest took precedence over personal one.
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Voith and Alstom’s litigation over contractual rights has delayed the project that could benefit thousands. Keeping in mind national interest, Supreme Court said this case was a “classic example of the whole nation suffering on account of the fight between two multi-national companies”. A bench of Justice VS Sirpurkar and Justice TS Thakur said the issue of “national interest is our prime concern, the importance of which cannot be undermined”. The Supreme Court judgment quashes the stay on contracts given by the Uttarakhand high court on Voith’s plea. It also scraps unsubstantiated allegations of “bias” and “nepotism” made against the government-owned THDC.

3) Not scarred for life: Linky

The court called for a similar “modern approach” of mercy to reform a person, “instead of branding him a criminal all his life”. While applying for the post of a head constable in 1999, Delhi resident Sandeep Kumar concealed the fact that he was once arrested in a criminal case. Later, after selection, in 2001, however, he mentioned in his self-attestation disclosure that he and members of his family were arrested for beating up a tenant in 1998.
The home ministry took serious note of this misconduct and ordered his removal. The central administrative tribunal upheld the government decision but the Delhi high court overturned the then police commissioner’s order removing Sandeep from the rolls.

In yet another thought-provoking judgment, a Supreme Court bench of justices Markandey Katju and Gyan Sudha Misra not only upheld the high court decision but also gave an altogether new dimension to the law regarding leniency. When Sandeep had an altercation with his tenant, he must have been aged about 20 years. “At that young age people often commit indiscretions, and such indiscretions can often been condoned,” the court said, adding, “Condone minor indiscretions made by young people, rather than brand them criminals for the rest of their lives. After all, youth will be youth. They are not expected to behave in as mature a manner as older people.” Sandeep’s offence, the judges said, was not “a serious offence such as murder, dacoity or rape”.

4) War on generics: Linky

Ranbaxy Laboratories’ plans to launch the generic version of the world’s largest selling drug — Lipitor — have hit a roadblock. Mylan Inc has sued the US Food and Drug Administrator in a US court in an effort to stymie the approval process for the grant of a six-month marketing exclusivity to Gurgaon-based Ranbaxy starting this November for a generic version of the cholesterol-lowering drug.
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Mylan Inc, which is also looking to market its version of the drug later, has filed a complaint in a Washington court. Mylan argued that Ranbaxy was not eligible for marketing exclusivity for the cholesterol-lowering drug as it had buttressed its claim using “false and unreliable data” from its manufacturing site in Paonta Sahib. It may be recalled that in 2009, the US drug regulator had halted the review of all pending and new generic drug applications from this facility located in Himachal Pradesh.
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They acknowledged that it would be a huge negative for the Daiichi Sankyo subsidiary if it failed to win the FDA approval. Surajit Pal, pharmaceutical analyst at Elara Capital, said that while one could not predict what the courts would decide, the assumption of Mylan that the drug would be produced in Paonta Sahib might not be correct. Pal was optimistic that Ranbaxy would be able to launch the drug as scheduled. Sushant Dalmia of PINC Research said Ranbaxy was likely to manufacture the drug from some other facility.

5) Electoral code of conduct: Linky

A Division Bench of the Kerala High Court on Monday set aside the Chief Electoral Officer's order restraining the State government from implementing its decision to extend the scheme to distribute rice at Rs. 2 a kg to families of the Above Poverty Line (APL) category subject to certain conditions. The petitioner pointed out that the scheme was announced in the State budget well before the announcement of the election. While the elections were announced on March 1, the decision to extend the scheme was taken by the Cabinet on February 23 and a notification in this regard was issued on February 25.

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Sunday, March 20, 2011

Two birds of one kind (aka) What is cooking in Nagaland and Assam?

Nagaland: While historically there had always been turf war between the various factions that are fighting on behalf of the Naga "national" cause, something serious is brewing in Nagaland, Arunachal and Burma now.

While I have said this before, the Nagas (in addition to Nagaland) are numerically dominant in the four Hill districts of Manipur (Chandel, Ukhrul, Senapati and Tamenglong), Tirap and Changlang districts of Arunachal, the North Cachar Hills and Karbi Anglong districts of Assam, and in some areas of the Kachin state and the Sagaing division in Burma. This expanse is what is loosely defined as the notion of Nagalim. However, there exists significant divisions between the different regions as regards tribal affiliations despite the fact that "Naga" is a broad brush with which the British and then themselves, and later GoI painted them. These dichotomies in turn mean that there is much cause for consternation and divide in terms of who is the legitimate representative of the "Nagas." While the Naga National Council (NNC) -- the initial body of Naga affiliates -- had been dominated by the Angamis, the Chakhesangs and the Semas, the signing of the Shillong Accord in 1975 forced out a grouping under Thuingaleng Muivah, Isaac Swi Chwu, Khole Konyak and SS Khaplang. This grouping further splintered into the NSCN(IM) dominated by the Tangkhul Nagas and the NSCN(K) dominated by the Konyak Nagas. This is a pure tribal ethnography-based power tussle and has little to do with ideology, except perhaps if money and power are ideologies.

The natural turf of these tribes and their respective affiliates means that NSCN(IM) dominates the West Nagaland-Manipur Hill districts tract whereas NSCN(K) dominates East Nagaland (especially the districts of Tuensang, Mon, Kiphire and Longleng), the districts in Arunachal and the Burmese terrain. In either territory, the dominating group provides sanctuary to other terrorist outfits. For example, NSCN(K) helps the ULFA, UNLF and other outfits regroup in Burma. As legitimate States see territory as taxable terrains, terrorist outfits see territory as extortionable terrains. Thus, there has been a significant turf war between NSCN(IM) and NSCN(K) for lebensraum which will indirectly seed their claims to be the only spokesperson for the Naga cause.

As of now, there seem to be three factions on the two sides of the fight: NSCN(IM) vs. the mother organization of NNC and NSCN(K). In Sept. 2009, aided by the Forum for Naga Reconciliation (a Quaker-led initiative), the three groups had come together to sign an agreement towards a reconciliation process. However, in a short while skirmishes between NSCN(IM) and NSCN(K) started getting reported from Burma. Nevertheless, the peace process between the GoI and NSCN(IM) kept continuing with the back-and-forth on Nagalim/sovereignty culminating in the Swu-Muivah duo using an Indian passport to arrive in Delhi for the peace process. Meanwhile, NSCN(K) started floating an organization called ENPO (Eastern Nagaland People's Organization) by claiming that NSCN(IM) has started dissociating territories in Burma with a Naga majority from the peace process with GoI. (Note that Eastern Nagaland has always been a short-form for territories in Burma with a substantial Naga presence along with what is really East Nagaland.) To put down the genuine "left out" feelings in East Nagaland, the Government of Nagaland has been accommodating a 25% reservation for these people, albeit not in governmental jobs. Despite these measures, offshoot groups such as Zeliangrong United Front representing Zeliangrong Nagas started rising.

What is getting heady is the recent killing of the NSCN(K) "commander" in Tirap and Changlang -- Lt Col Khonwang alias Chipu Menon alias Thomas. The NSCN(IM)’s push into East Nagaland and Arunachal, originally the stronghold of the NSCN(K), seems like an attempt to restrict the other group to Myanmar and undermine SS Khaplang’s authority. The Cabinet Committee on Security has asked the Assam Rifles to move into Arunachal thereby preventing a full-scale turf war. Further, the Mon district administration has deployed the India Reserve Battalion (IRB) personnel and police in all sensitive areas to thwart any untoward incident. But if indications are anything to go by, this summer is going to get a-hot in Nagaland. Further, if the NSCN(IM) continues to marginalize the other groups, the peace process could be derailed completely. In some sense, any reconciliation between the various Naga groups is bad for GoI as it is easier to fight a divided crowd. But with a complete lack of knowledge on what the GoI thinks and executes, we can only guess at what is going on with full knowledge and what is going without any control.
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Assam: There is much violence in Assam over the last month or so. On the one hand, there are peace talks between one faction of ULFA led by Arabinda Rajkhowa and GoI. The other faction of ULFA led by Poresh Borua is "remote-controlling" one set of blasts against Chief Minister Tarun Gogoi and the INC party for successfully forcing Rajkhowa & co. to crash-land. This peace talks are supposedly honorable with even the Prime Minister and the Home Minister all attention for Rajkhowa & co.

And then, there are "peace talks" between one faction of the NDFB (with Ranjan Daimary in jail) and the GoI. From what it looks like, this set of peace talks is what would be called "open your mouth, force it in" types. There is no honor involved and the Bodos seem to be openly complaining of not getting the same treatment as Assamese. The recent bomb blasts targeting the BSF have been engineered by the anti-talks faction and is grossly meant as vengeance for the lack of honor in the parleys between Daimary & co. and GoI. Even the now-disbanded BLT and the Bodo Development Territorial Autonomous Council seems to be openly mouthing the "lack of honor" bit.

And finally, there is an election season underway in Assam. Thus there is unavoidable political violence between one camp of AIUDF led by Maulana Badruddin Ajmal and the J-e-I (which has sided with the INC camp led by Minister, Rockybull Hussain). In fact, this is elite-Muslim politics in India played out in Assam. The Ajmal camp is in control by siding with the uncle camp (of the family fiefdom in J-e-I politics) over the removing of Maulana Vastanvi for praising Narendra Modi's functioning. On top of this, there is the AGP which wants to usurp power from the INC and is playing carrot and stick in different constituencies across Assam. AGP split up with BJP and is trying to stitch some post-election alliance with AIUDF. The increase in Muslim population (who now are around 30%) due to illegal immigration is creating many voices for the Muslim community, not all belonging to the nationalist stream of thought (quite a few belong to the pan-ummah club). The Barak Valley where the Muslim percentage has grown very high is a significant example of this behavior. Overall, the scene is set for another violent summer of a different kind.

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Thursday, March 17, 2011

Northeast and terrorist update (Jan-Mar, 2011)

1) UNLF and Manipur groups: Linky

After R.K. Meghen's arrest, UNLF finally turns around and offers a plebiscite proposal to the Manipur chief minister Okram Ibobi Singh. However, the Chief Minister rightly pointed out that it is a “good beginning”, but observed that it would be “difficult” for the state government and the Centre to accept the proposal as it involved a third party.

It would not just be difficult, but essentially impossible under the Constitution. After all, laws are laws (as the previous post shows), whether you are a terrorist or a politician or an institutionalist or otherwise. For good measure, it is amusing to note the responses:

The issue was first raised in the Assembly by Morung Makunga, an Independent Naga MLA. He urged the chief minister to put forward the matter before the central leaders. “The Centre may accept or reject the proposal, but it is the duty of the state government to pass on the proposal to Delhi as part of efforts to hold talks with militant groups in the state,” Makunga said. Supporting Makunga’s demand, leader of the Opposition in the House and former chief minister Radhabinod Koijam, welcomed the plebiscite proposal terming it a step towards democratic process.

KCF: Linky

On the basis of a tip-off provided by the army intelligence unit, KCP’s self-styled foreign secretary and lieutenant Khumbungam Ayuma Anandha Singh, 39, who has two aliases — Lamphel and Khumbungmayuma Anandha Singh — was arrested by police from a house on Ramakrishna Mission Road late last evening.
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Another police officer, requesting anonymity, said Khumbungam Ayuma Anandha Singh disclosed during interrogation that the KCP, which was divided into a few factions, had reunited recently and again started working together. Various factions of the KCP were still operating independently and so far there was no sign that could indicate unification of the factions, the sources said.

2) Assam elections: While Assam elections are in full swing, this item caught my attention Linky.

Former Dima Hasao district chief executive member, who is now in jail, Mohit Hojai, will contest from Haflong constituency as an Independent in the Assembly election. Hojai’s relatives and advocate collected his nomination paper for the Haflong seat on March 11. It will be submitted within the next two days.
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Hojai was arrested on May 31, 2009, for his alleged financial misdeeds and his nexus with the Jewel Gorlosa faction of the DHD. He has since been in jail.

More on Dima Hasao district: Linky

Just three weeks before the first phase of polling in Assam, politics in the troubled Dima Hasao district took a new turn today with non-Dimasas deciding to boycott the polls to teach the Congress “a good lesson”. The open platform of non-Dimasas of the hill district — Indigenous People’s Forum (IPF) — finalised its decision in a sitting yesterday of going for “no vote” in place of projecting a non-Dimasa candidate either as an Independent or from a political party.
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After the Dimasas, Zeme Nagas, Kukis, Hmars and Karbis are the most influential tribes in the hill district, while Baites and Hrangkhols have a microscopic presence. Non-Dimasas of the hill district had floated the forum two years back, with an aim to pressure Dispur to accord a prestigious status to the minority tribes of the district. The forum was also strongly against renaming of North Cachar Hills district as Dima Hasao. Since June 2010, the forum had continued its democratic struggle, demanding a separate district for non-Dimasas, complete with a separate autonomous council.

Elsewhere in Dima Hasao matters (SATP, Feb. 16):

Shillong Times reports that Dima National Democratic Front (DNDF) 'chairman' Janata Maramsa alias Bihari Dimasa was killed in an encounter with the Security Forces (SFs) in Dima Hasao District on February 15. Bihari Dimasa was earlier a member of Black Widow (BW). When the outfit laid down arms on October 2, 2009, he along with some of his comrades abstained from surrendering and formed DNDF in February 2010.

On D voters: Linky

The Election Commission is in a dilemma over Gauhati High Court’s March 11 directive, asking it to find out the number of cases of “doubtful” voters pending in the foreigners tribunals of the state and categorise them as such in the voter list so that they cannot exercise their franchise in the ensuing polls. EC sources said they were keen to implement the court’s directive but time was a real constraint. On January 5, 1988, the EC had made it clear that persons whose names had been suffixed with “D” in the electoral rolls would neither be allowed to vote nor contest until and unless their citizenship status was determined in their favour by the appropriate tribunal (in this case the foreigners tribunal) to which their case had been referred. A “D” voter is one whose citizenship is doubtful or disputed.
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According to the voter list, there are 1.47 lakh “doubtful” voters. The problem is about the cases referred to the foreigners tribunals by the police, which would be around 1.29 lakh. “Those in the voter list are already categorised as “D” voters but categorising those referred by the police with the polls almost upon us would be a challenge. How much can be done remains to be seen,” the source added.
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The court has sought action because if those marked “D” in the voter list are not allowed to exercise their franchise then the same yardstick should be applied to those whose cases are pending in the foreigners tribunals. “There cannot be two yardsticks for ‘D’ voters and suspected ‘D’ voters. The order will be a test case for the EC and the state government,” a source said. Another problem with “D” voters is that they disappear after their names figure in the electoral rolls. They cannot be traced during enumeration with most changing their place of residence by moving to other districts or states.

AIUDF campaigners: Linky

In addition to Bollywood personalities like Raj Babbar and Mahesh Bhatt, who are already on the list of AIUDF campaigners, the party would try to rope in some more faces including veteran actors like Naseeruddin Shah and Farooq Sheikh from Mumbai.

3) NDFB nexus with GNLA and HNLC: Linky

Both the Hynniewtrep National Liberation Council (HNLC) and the Garo National Liberation Army (GNLA) have been receiving training from the Bodo outfit, Lachit Boro, an NDFB rebel, told police after being arrested from Ri Bhoi with three other rebels on February 10.

On top of Champion Sangma and Roster Sangma, one more Meghalaya policeman (Savio Marak) has deserted the State police force and joined GNLA. Apparently, the GNLA pays anywhere from 4-5 lakhs INR per month to such top deserters. Further, the GNLA has been fanning the Garo-Rabha violence and to extend its extortion spree. On the topic of extortion,

Earlier, intelligence inputs suggested GNLA militants' nexus with the Bangladesh Border Guards (BBG) to carry out extortion from coal-laden trucks on the other side of the border. The coal-laden trucks reportedly face demand of INR five lakh to INR 10 lakh when they enter the neighbouring country from Meghalaya.

4) Maoists: Recall from the swap drama (SATP, Feb. 25) that the Maoists had called for the release of Srinivasulu, Ashutosh, and Shobha, after Odisha Government had already conceded 14 original demands. The Government agreed to release Ganti Prasad whose bail application was heard in a Koraput court on February 24, apart from Padma (wife of Ramakrishna alias RK), Ishwari, Sarita and Gokul. The key Maoists whose release was sought but rejected by the Government are Srinivasulu and Ashutosh. Shobha, another key Maoist leader, is in a Jharkhand jail and the Odisha Government said it would take up her release with that State.

Update on these folks now: Linky

Hardcore Maoist Sriramulu Srinivasulu, whose release had been demanded by abductors of Malkangiri district collector R.V. Krishna, and 12 others were acquitted in a dacoity case by a fast track court here on Wednesday. Additional District Judge of the fast track court P.K. Karna acquitted Andhra Pradesh based rebel Srinivasulu and 12 others in a case involving dacoity in a house in MV-72 village in July, 2007. The acquittal order was pronounced in view of lack of sufficient evidence after examination of 17 witnesses, Srinivasulu’s counsel R.P. Panaik said. Sriramulu Srinivasulu, who is currently lodged in Malkangiri jail, would continue to be in prison as another case involving attack on police personnel was pending against him, he said.
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The Maoist leader, who was arrested in July 2007 from Bariguda forest in Kalimela area of Malkangiri dsitrict, happened to be former chief of Revolutionary Writers Association. He had earlier been acquitted in four cases by Malkangiri court.

SATP on March 12:

In a separate development, the Odisha High Court rejected the bail application of top CPI-Maoist leader Ashutosh Soren who was arrested for his alleged role in the Nayagarh armoury loot case of February 2008, reports Outlook India. Justice C R Dash refused to grant bail to Ashutosh stating that some arms looted from the armoury were traced in possession of the bail applicant who was arrested by Rourkela Police just about a year after the Nayagarh incident. Ashutosh was booked by the Police on charges under section 396 (dacoity with murder), 436 (mischief with fire or explosive substances with an intent to destroy house etc), 121-A (conspiracy to wage war against the Government) and 132 (abetment of mutiny) of Indian Penal Code (IPC).

So the deal (which has been clouded so far) has been the swap of Vineel Krishna with the five-some. This must have happened as the demand was (SATP, Feb. 24): "The Maoists say they need Prasad and four others to be escorted to Malkangiri in exchange for Collector Krishna." The rest of the cloudy demands were just that, in the cloud. Elsewhere, on March 9:

Times of India reports on March 8, that over 2,600 civilians and Security Force (SF) personnel were killed between 2008 and 2010 in several incidents of Left Wing Extremist (LWE) violence across the country, says Minister of State (Home Affairs) Gurudas Kamat. According to the information given by Kamat in Lok Sabha, out of the total of 2,632 casualties, including 1,799 civilians and 833 SF personnel, a highest of 1,003 was in 2010, followed by 908 in 2009 and 721 in 2008. Incidentally, there has been an increase in the number of incidents of economic targets by Communist Party of India-Maoist (CPI-Maoist). Out of the 909 such attempts, a highest of 325 were on forest road, culvert 158 on telephone exchanges 135 on school buildings 127 on railways properties 61 on panchayat (village level local self-Government institution) bhawans 33 to disturb electric supply by targeting poles and 18 on mining related projects among others in the last three years. About 6,061 incidents of violence by LWE were reported during the period, the Minister said.

On March 6:

Sify.com reports that Satrughan Biswal alias Mangu alias Mohan, the second-in-command in Communist Party of India-Maoist (CPI-Maoist) of the Odisha State Committee, was arrested by the Police from near the railway station in Bargarh District on March 5. Biswal, actively associated with Maoist activities since 2006, is considered as next to Sabyasachi Panda in the Maoist rank and file in the State, adds PTI.

Maoist nexus in the NE: Linky

Police investigation into Maoist activities in the Northeast, including Assam, has revealed that Koteswara Rao alias Kishen, chief of the People’s Liberation Army and politburo member of the CPI (Maoist), had visited Manipur sometime in 2007. “According to information gathered by us in recent weeks, Kishen spent a couple of months at a camp of the People’s Liberation Army of Manipur — which is the military wing of the Revolutionary People’s Front of Manipur,” a highly placed police source told The Telegraph.
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“Even though the Maoists and Ulfa had not been able to work out a concrete alliance, they may have arrived at some kind of consensus like supplying arms and explosives, imparting training on techniques of bomb-making and providing logistical support. However, we do not have any definite evidence in this regard,” the source said.

On Feb. 9 from SATP:

According to sources in the State Intelligence Department, the national plenary is currently underway in an undisclosed location in Bihar under the leadership of Muppalla Lakshman Rao alias Ganapathy. A Senior Police Official said, “Ganapathy might step down. Kishenji alias Mallojula Koteswara Rao and Kishan da alias Bose are the contenders for the post”. There was, however, open opposition against Kishenji from other Maoist leaders like Kanchan, Ashokda, Ajay da and Deepak. “Kishan da had written a four page letter to Kanchan on the humiliation he faced at the hands of Kishenji,” added an official. In contradiction, a Maoists leader, Nalla Bixapahty alias Subash, revealed that North Indian cadres were looking down on the South Indian comrades.

5) NLFT-ATTF: Linky

The BSF has sought the pushback of 26 militants belonging to the banned National Liberation Front of Tripura (NLFT) and All Tripura Tiger Force from Bangladesh. The issue came up in the just-concluded five-day conclave between the BSF and newly reconstituted Border Guard Bangladesh that was held in Delhi from March 8 at the highest level. The list included names of Tiger Force chief Ranjit Debbarma, NLFT president Biswamohan Debbarma and their closest lieutenants still hiding in Bangladesh. Srivastava told his counterparts that eight more camps, five run by NLFT and three by Tiger Force, still exist in Bangladesh, especially in the Chittagong Hill Tracts and requested the Border Guards to have them dismantled.
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For their part, the Bangladesh delegation expressed concern over continued smuggling of Corex and Phensydil cough syrups, used as alcohol in Bangladesh. Islam said the smuggling of syrups had declined earlier because of steps taken by the BSF. Recently, however, there has been a resurgence.

Meanwhile, SATP Feb. 18 reports:

A splinter group of All Tripura Tiger Force (ATTF) headed by Sachin Debberma has ‘reportedly’ joined hands with its arch rival National Liberation Front of Tripura (NLFT), reports Assam Tribune. Sources confirmed that ATTF suffered a vertical split over sharing of funds leading to exit of self-styled militant leader Sachin Debbarma from the outfit about one-and-half month ago. According to latest intelligence inputs, a group of 14-15 hardcore cadres of ATTF headed by Sachin Debbarma merged with NLFT to carry on the subversive activities in Tripura.

6) Dialog with NSCN and the consequences: Linky

The Eastern Nagaland People’s Union, Kohima will boycott the visit of President Pratibha Patil to the Nagaland capital on March 9 and 10 in protest against her decision to skip Tuensang at the eleventh hour. Last September, Vice-President Hamid Ansari also cancelled his trip to Tuensang at the last minute without citing any reason. This is the second time that the high-profile leaders have cancelled their trips to Tuensang.

Enrichen the coffers by adding more subjects under purview of the State, SATP March 7:

The Government’s interlocutor RS Pandey on March 6 said that Government is willing to offer Nagaland greater autonomy in running its affairs and is learnt to be considering a move to transfer a few subjects from the Concurrent List to the State List exclusively in the case of this state to resolve the six-decade-old conflict and insurgency, reports Nagaland post. “They deserve greater autonomy in running their own affairs. Greater autonomy is something which ought to be considered as part of the honorable negotiated settlement,” added R.S Pandey.

NSCN(K) vs. NSCN(IM): Linky

But with the ongoing clashes between the NSCN groups in Myanmar and in Noklak sub-division in Tuensang district, people are sceptical about the reconciliation process. According to NSCN (Khaplang), fighting was on in five places deep inside Myanmar between the two NSCN groups. NSCN (K) sources said heavily-armed NSCN (I-M) cadres have intruded into Khaplang’s bases in Myanmar. There were reports of casualties on both sides.

More updates from SATP:

An agreement between the Central Government and the National Socialist Council of Nagaland-Isak Muivah (NSCN-IM) is likely to be signed later in 2011 highly placed sources said, quoted Assam Tribune on January 25. However, the official declined to comment on the demand for unification of the Naga-inhabited areas spanning across the States of Assam, Manipur and Arunachal Pradesh. The NSCN-IM proposed a federal relationship with the Indian Union with additional financial and legislative powers while the Central Government has offered financial package for socio-cultural development of Naga people. “If the recognition of the unique history and situation of Nagas is translated into a reality, the solution is not far off. While acknowledging the democracy of India, we can also assure that understanding the right of Naga to self determination will only strengthen India’s democracy,” the leaders of the NSCN-IM said.


The Unified Command, a three-tier security arrangement that plans and executes counter-insurgency operations in Assam, urged Dispur to move the Central Government and the Nagaland Government to rein in Naga militants and stop them from venturing into neighbouring states. They contend that Naga rebels are not only frequently disturbing peace in Assam but also in neighbouring Arunachal Pradesh and Manipur. They want the governments to act because the ceasefire with the NSCN factions would remain a mockery if those venturing into the neighbouring states were not checked. Though the estimated number of NSCN cadres in designated camps is not known, six camps of the Isak-Muivah and four of the Khaplang factions are functional as of today, Telegraph reported.

Meanwhile: Linky

The demand for a state by the Eastern Nagaland People’s Organisation has gained impetus with legislators from the four backward districts whose people aspire for a separate entity extending their tacit support. The ENPO, which is supported by several organisations from the four districts, namely Mon, Longleng, Tuensang and Kiphire, have been demanding a “frontier Nagaland state” on the ground that they have been discriminated against on all fronts. They have even vowed to approach the Centre. Chingwang Konyak, a former PCC president who is a senior legislator from Mon district and leader of the Congress Legislature Party (CLP), said the statehood demand was a people’s movement and there was no question of him supporting it or not. He said he could not comment any further as he must “examine the issue first” but would continue to highlight the plight and sufferings of the people of the four districts. He said successive governments had discriminated against the people of the four backward districts in terms of employment opportunities and development for too long and this had prompted the people to come up with the demand for a separate state.

The ENPO comprises six Naga tribes namely, Sangtam, Yimchungru, Chang, Konyak, Phom and Khiamniungan. There are also unrecognised sub-tribes like Tikhir under Kiphire district. The CLP meeting slated for Thursday is expected to discuss the demand.

Just for laughs, Patricia Mukhim makes a haloed saint out of the NSCN thugs. She claims: Linky

Compare this with the Naga insurgency. It was and still is a straight fight between the Centre and Naga insurgents. Later, killings have taken place between the two factions of the NSCN. At no time did the Nagas carry out acts of terror on defenceless citizens to make a political point with New Delhi.

When someone claims with absolute authority that "at no time" the Nagas carried out terror against defenseless citizens, you know you are witnessing a joke parade. I am not as absolutely informed as she is, given that she is a Naga herself whereas I am just a leg-less Tamil. I would just advise the lay-reader to get a hold of either:
a) Terrorism in India's north-east: a gathering storm, Vol. 1 (p. 674) by Ved Prakash for Kuki-NSCN clashes. More on the same can also be found at Linky. If one digs the origin of these reports, one goes all the way back to GoI bulletins: Linky, so yes, this is the official GoI viewpoint.
b) Assam-NSCN clashes: From Linky

The issue of inter-State border disputes has always been one of the most contentious issues all along in the Northeast. The border problems between Assam and Meghalaya, Arunachal Pradesh, Nagaland and Mizoram have persisted for decades now. The longest and bloodiest of these is the border dispute between Assam and Nagaland, which began right at the inception of Nagaland State in 1963. The Nagaland State Act of 1962 had defined its borders according to the 1925 notification when Naga Hills and Tuensang Area (NHTA) were integrated into a new administrative unit and made an autonomous area. The Nagas, however, did not accept the boundary delineation and demanded that Nagaland should comprise the erstwhile Naga Hills and all Naga-dominated areas in North Cachar and Nagaon districts too, which were part of Naga territory according to the 1866 notification. Since Nagaland did not accept its notified borders, tensions between Assam and Nagaland soon flared up resulting in the first border clashes in 1965 at Kakodonga Reserve Forest. Since then, violent clashes along the Assam-Nagaland border have become a regular feature, with major armed conflicts reported in 1968, 1979 and 1985. Now the NSCN is providing direct help and logistic support to the anti-Assam movement by the people of Arunachal Pradesh bordering Assam.

c) etc... I can go on and on about inter-tribal conflicts initiated and driven by NSCN, but then two examples shall suffice to put a hole through the haloed-warrior type glorification attempts.

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Wednesday, March 16, 2011

Legally Blind

Back to Perdition :)...

India is a land of laws, or legally speaking, a sovereign, socialist, secular, democratic republic. While that is true on the Hi-Def screen on which it is typed, Indians (at large) are poor at matters of law, their implementation, and the onus that lies with them as codified by the Constitution and as intended by the Constitution-writers as a well-meaning and responsible citizenry. While the previous point may be vigorously and thoroughly disputed, questioned and chafed at, many exhibits to the point being made can be made with little effort. Not for nothing do we have a thousand and one "mutinies" in India, not for nothing do we let our emotions rule ahead of common-sense and wisdom, not for nothing do we paint ourselves with the "chalta hai" attitude that typifies us, and not for nothing do we let the noisy, raucous and verbally mighty make their primary point in high decibels while we hunt for phrases of hifalutin English. All the above is even more true of educated, emancipated and middle-class India than (say) of the blue-collar worker with not more than a basic (or even a complete lack of) education.

But there is after all a matter of law. And we as a country are poor at it, which is an admission of fact rather than one of rhetoric, noisy or otherwise. I (for one) am curious about law matters for it not only sets precedents and landmarks on the ground, but it also gives one the legal course to file a habeus corpus or a public interest litigation or a common cause notice or a right to information questionnaire. In fact, to discern the suo motus from the sui generis is not a privilege, but an obligation, unfortunately and willfully forgotten. There will be times when I will post (on this blog) some legal issues of interest to me that enlightens certain aspects of democratic living India where the pen that writes the verdict is mightier than the right, the wrong and everything in between.
1) Election Symbols Order re-visited:

History: Common symbols under the Election Symbols Order of 1968 is allotted only to those parties that have received enough political mandate in the previous democratic exercise to accrue the benefits associated with having a common symbol. In other words, having a common symbol is not a RIGHT, but a privilege. Time and again, the Election Commission of India has dismissed any appeal by any party (big or small) if they fail to uphold their end of the bargain in this democratic quid pro quo. And time and again, the Supreme Court has upheld the rights of the Election Commission to do its job as mandated by the Constitution. And time and again, some party would appeal to the Election Commission as to how deserved they are to seek an exception. And the circle would go on...
Background to this case: Linky

For the impending Tamil Nadu elections, some parties had appealed to the Supreme Court seeking common symbols for their candidates. For example, DMDK (seeking ‘nagara' symbol) Kongunadu Munnetra Kazhagam (seeking ‘cylinder' symbol) Manithaneya Makkal Katchi (seeking ‘candle'), Viduthalai Chiruthaigal Katchi (seeking ‘star' symbol) Pudhiya Thamizhagam and All India N.R. Congress for allotment of a common symbol between them.

Verdict: Case dismissed. The Supreme Court writes, "It would certainly be to the advantage of the registered unrecognised political parties if they were able to put up candidates on a common symbol. On the other hand, if all registered unrecognised political parties were to be provided with a common symbol, prima facie, it would render the provisions of the Election Symbols Order, 1968, completely unworkable and destroy the very object it seeks to achieve.”
2) Dalit tag for SCs of non-dharmic religions:

History: SC converts from the dharmic religions (Hinduism, Buddhism, Sikhism, etc.) to religions of the book (Islam, Christianity, etc.) have been clamoring for holding on to their SC status despite moving out of the oppressive caste system, supposedly codified by Manu and supposedly engendered in the Hindu religion. In other words, while some of the SCs have suffered from and under the oppressive caste system and as a result (supposedly) have decided to leave the dharmic fold, they would still like to hold on to the benefits possible with reservations and other enfranchising measures under the Constitution despite not (supposedly) suffering from the clutches of the caste system inter alia. The question therefore arises as to whether the caste system is a Hindu-centric one (or rather a dharmic-religions centric viewpoint) or an Indian societal ill. One part of the argument is that reservation benefits are finite resources available with the welfare state (that is India) to ameliorate its masses that have suffered historically. And just because a person leaves the Hindu religion today does not take away his sufferings in the past. Another part of the argument is that people who choose to blame the Hindu religion for Indian society's ills often choose to bat for the SC converts' seeking continuation of reservation benefits when such religions have NOT codified (as for example, the Smriti of Manu has) such evils. So it becomes a question of heightened emotional rhetoric rather than one of legal argument.
Background to this case: Linky

The Centre seems tilted against the inclusion of "dalit" Christians and Muslims in the Scheduled Castes list, arguing the need for evidence to show that converts continued to face discrimination of the same degree as before their exit from the Hindu fold. The Union law ministry has cited a Supreme Court judgment dismissing the claim that the constitutional provision limiting the SC tag to Hindus/Sikhs was discriminatory. The UPA is learnt to favour status quo on the back of law ministry's view coupled with the opinion of the National Commission for SCs — that the touchstone of being a dalit was if converts followed traditions and customs as before conversion and suffered the same social disabilities.

Verdict: Yet to be dismissed. Legally speaking, unless the Government of India (by fiat or by an Act of Parliament) formulates a position that cannot be adjudicated by the Supreme Court, despite all kinds of heightened emotional rhetoric, this is a no-brainer that is just asking to be dismissed. The part of the argument that seeks rights for historical wrongs can be dismissed because historical suffering is accrued by the forefathers and mothers of the sufferer, and not by the person in question. Once the sufferer leaves the religion that causes suffering and chooses to embrace a new religion that has not codified such oppression, the sufferer (independent of the historical grievance) is "enjoying"/"suffering" the benefits/from the ills that go with his/her new religion including the lack of a codified oppression of any sort. Whether such a gain is instantaneous or continual is a problem that cannot be adjudicated with any objective merit.

3) SC/ST quota in minority institutions:

History and Background Linky: Jamia Millia Islamia has recently been affirmed by the National Council of Minority Educational Institutions as a minority educational institution with a historical Islamic background. While the Government of India mandates educational institutions in India to provide reservation benefits to SCs, STs and other sets of the population (as it mandates), this clause is not enforced in minority institutions. Thus, the recent adjudication by the NCMEI means that SCs, STs and OBCs will lose reservation benefits at JMI, which they had been enjoying so far. As before, finite resources imply that life is a zero-sum game and someone has to pay the price.
Verdict: The Ministry of Human Resources Development, under which Education falls, has accepted the reading of pre-independence Indian history and the verdict of NCMEI that JMI is a minority institution. As a minority institution, the university is free to decide its reservation policy and the government cannot interfere. Unless, someone legally questions the reading of history on the part of NCMEI, or the law gets changed, not much can be done. What may happen is that the administration of the JMI may allow status quo to be restored as long as the MHRD arrives at a suitably brokered "compensation" package. However, the administration is (broadly speaking) loath to continue with status quo. Thus, it might be left to the Judiciary to adjudicate the question of law on this matter. Asking to be dismissed.

4) Is membership of organizations declared banned a crime? Linky

Background: It is common-sense that membership in organizations that have been declared unlawful and hence banned under the Unlawful Activities Prevention Act (UAPA) is an act of terrorism/sabotage/sedition/profligate malcontent (as the case may be). In a recent verdict, the Supreme Court has held that mere membership of a banned outfit would not attract criminal action. The apex court’s ruling was part of a judgment acquitting Arup Bhuyan, who was convicted by a Guwahati-based designated court now under the lapsed Terrorist and Disruptive Activities (Prevention) Act. The Court has further declared that willful planning of sabotage or sedition can only be construed as criminal acts.
Verdict: Rightfully, this case sets a precedent that can be exploited by members of anti-establishmentist/anti-nationalist organizations to incite the population without leaving any other trace of a proof. The Assam Chief Minister, Tarun Gogoi, responded with: “The judgment that supporters of any banned organisation are not punishable by law will inspire the anti-Indian and secessionist forces in the days to come. I think this verdict by the apex court calls for a review.” A home department official said there are 13 outfits that are banned under the Unlawful Activities (Prevention) Act, 1967, under which, a person need not indulge in or incite violence to be treated as a criminal. “By becoming a mere member of a banned organisation, such a person will attract imprisonment for up to two years,” he said.

In short, a review petition can be (and will be) filed because of the establishment of precedence that will curtail the administrative actions of both the Government of India and the various State governments afflicted with terrorism of different hues. At the worst case, by a law in the Parliament, the Government of India can abrogate the Supreme Court's verdict and ability to adjudicate on questions of these nature by placing it under the non-judicial part of the Constitution.

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