Tuesday, September 24, 2024
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Of rumors, superstitions and business

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Editor,
Just because we live in a modern world does not mean we are not susceptible to rumours. Shillong has always been a place where people can experiment with new, vague, ambitious and even noble ideas. The incidents of yesterday where salt and oil prices sky rocketed within minutes, is ample proof of my statement. But who am I to judge? People of Shillong are known to rush to anything new with blind zeal and crazy greed. Hence fraudsters bring new businesses to Shillong and take advantage of the gullibility of Shillongites! Surprisingly, there are more urban denizens that are duped than rural folks. What does that say of our so called intelligence?
On Thursday, people were scoffing at Mamata Banerjee’s alleged involvement in increasing the price of potatoes from 10/kg to 70/kg. Although no one could confirm the rumours of a similar case in Bihar by Friday, it had reached Meghalaya. Meanwhile vendors took the rumour as an opportunity to hoard salt of all things. People ran to shops to buy and stock up salt. Who’s the culprit? Will there be investigations and arrest or will this incident be brushed aside as the oil price hike of the early 2000s? Good work from the district administration for sending out the message not to panic.
No matter what the true story is, the fact of the matter is yesterday Shillongites really understood the meaning ‘of a pinch of salt’.
Yours etc.,
Edward Thma
NEEDS,
Via email

MBOSE howlers

Editor,
In this year’s Class IX exams conducted by MBOSE, the English question paper 3/IX/Eng/13 which has indicated 100 as the full marks. But when you add up the marks assigned to the 15 questions it reaches a total of only 95. There is no indication in the question paper as to how to award these missing marks to the students. Perhaps the  English teacher who set the questions is no expert in calculation and the MBOSE which published them had no time to check. The students had to shell out Rs 150 for these question papers and on the first day they are already deprived of 5 precious marks. I hope the truth of the proverb, “Morning shows the day,” will not be applicable to the rest of the question papers for the other subjects that follow.  But the mistake is a big blot on the prestige of the Board that looks after the education of students of the State. I am writing this as a concerned citizen so that the Board takes necessary action and saves its credentials.
Yours etc.,
Devasia Vazhayil,
Via email

Gauhati HC judgement

Editor,
Apropos the editorial “Controversy over Gauhati HC Judgement”, (ST November 11, 2013), even if the CBI is  recognized by the Supreme Court it cannot run away from the fact that it does not have the legal sanction of Parliament which is the supreme body in the country as far as any legislation is concerned that does not infringe on Article 21 of the Constitution. Even the National Investigation Agency has the sanction of Parliament and functions within the four corners of the National Investigation Act 2008. The Delhi Special Police Establishment Act of 1946 should have been replaced by a proper CBI Act vested with federal jurisdiction and given complete functional autonomy. There are various Committees which made recommendations on these lines. In 1978, the L.P. Singh Committee expressed its dismay over the fact that the CBI was powerless to act outside the Union Territories without the consent of the State Governments. The Committee recommended the “enactment of a comprehensive legislation to remove the deficiency of not having a central investigative agency with a self-sufficient statutory charter of duties and functions”. The 19th Report of the Parliamentary Standing Committee (2007) also recommended that a separate Act be promulgated for the Central Bureau of Investigation “in tune with the requirements of the time to ensure credibility and impartiality”. The second Administrative Reforms Commission observed that a new law should be enacted to govern the working of the CBI. The 24th Report of the Parliamentary Standing Committee (2008) expressed its unanimous opinion that  the need of the hour is to strengthen the CBI in terms of legal mandate, infrastructure and resources. The sin of the Government of India is coming home to roost in absence of a comprehensive legislation that empowers the CBI despite these recommendations.
The present situation is bizarre as all cases dealt by CBI and the Supreme Court directed investigation will have to be nullified. In essence all major cases like 2013 Chopper scam, 2013 Rail gate, 2013 Saradha Group Chit fund scam, 2013 UP NRHM scam, 2012 coal block allocation scam, 2011 Tatra truck scam, 2011 Antrix Deva deal, 2010 2G Spectrum, 2010 CWG, 2009 Satyam Computer Services scandal , 2008 Cash-for-vote scandal, 2002-03 Taj Corridor case, 2001 Stock market scam, 1996 fodder scam, 1992 Security Scam, 1980-90 Bofors scandal, Adarsh Housing Society scam, Hawala Scam, Bellary mining scam and Scorpene deal scam are void. It also implies that the Supreme Court used an illegal entity for investigation which does not have the sanction of the Supreme law making body in the country – The Parliament.
The 89- page judgment of Justices I.A. Ansari and Dr (Mrs) Indira Shah in the Gauhati High Court starts by quoting Thomas Jefferson “When the people fear the Government there is tyranny. When the Government fears the people, there is liberty.” They logically and rationally quashed the Union Home Ministry’s resolution of 1963 though the Centre, termed it erroneous and Attorney General Goolam E Vahanvati termed it a convoluted logic. It is a historic judgment of the century as the order impacts on 9000 trials currently underway and about 1000 investigations being undertaken by the “caged parrot”. Both the Justices have rightly declined to hold and declare that the DSPE Act, 1946 is not a valid piece of legislation and they have rightly held  that the CBI is neither an organ nor part of the DSPE and it cannot be treated as a police force constituted under the DSPE Act, 1946. It is not strange that the resolution dated April 1, 1963, was not produced before the Hon’ble President for his assent. Between the rat and the cat there is a bureaucrat and as such the resolution cannot be the decision of the Government of India. The caged parrot may have called the Gauhati High Court verdict unconstitutional but the question arises whether this caged parrot is a constitutional body when it does not have the sanction of India’s supreme body, the Parliament. The need of the hour is to have a proper CBI Act or merge the CBI with the National Investigating Agency by amending the NIA Act 2008. The Prime Minister on Monday (11.11.2013) said that the Government will look “seriously” and “promptly” into the legality of the CBI, but mere looking will not serve the purpose. In fact what is needed is an emergent Parliament session to debate the issue as Parliament is the supreme law making body. The Supreme Court may have stayed the ruling of the Gauhati High Court but let us await how the Home Ministry and CBI’s reaction to the notice issued by the Supreme Court and what it does on 6th December 2013 in a country where the three organs of the Government are in shambles.
Yours etc.,
Bajop Pyngrope,
Via email

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