Jaya calls out Karuna's hypocrisy
Tamil Nadu CM reminds of DMK's double standards on Sri Lanka

Tamil Nadu Chief Minister J Jayalalithaa on Tuesday condemned DMK President M Karunanidhi for announcement of withdrawal of DMK from the UPA over the Sri Lankan Tamils issue. She described it as a 'drama' and indicated it was an action which came too late in the day.

Jaya slams Karuna; describes DMK’s pull out as drama


By NitiCentral Staff on March 19, 2013

Tamil Nadu Chief Minister J Jayalalithaa on Tuesday condemned DMK President M Karunanidhi for announcement of withdrawal of DMK from the UPA over the Sri Lankan Tamils issue.

She described it as a ‘drama’ and indicated it was an action which came too late in the day.

DMK pulls out of UPA, Congress clueless

His announcement that the party was withdrawing its support to the Centre over the Lankan Tamils issue was a late decision, she said.

“When the war in Sri Lanka was at its peak in 2009, he embarked on a three-hour fast drama, but he neither pulled out his party nominees from the Government nor withdrew support to it,” she said.

Desperate Sonia sings DMK tune, slams Sri Lanka

“On his assurance that the hostilities had ceased, people had come out of bunkers only to fall victim to shelling and Karunanidhi was responsible for their killing,” the AIADMK supremo alleged.

“Sri Lankan Tamils would have been saved if he had withdrawn his support to Central Government then. Karunanidhi did not do it. This is a very big betrayal of Tamils,” she said.

BJP against country-specific resolution in Parliament

Jayalalithaa said that the ‘second betrayal’ came when DMK did not insist the Centre to implement a Tamil Nadu Assembly resolution in 2011 that called for economic sanctions to be imposed on Sri Lanka till Tamils in the island nation were ensured status on par with the majority Sinhalese. She said that at the previous UNHRC session, India was responsible for weakening a fairly strong US-sponsored resolution and Karunanidhi had not opened his mouth.

“While he squandered all the opportunities to strongly voice against the Centre, he has announced quitting UPA, which amounts to washing his hands off the responsibility,” she said.

US to go ahead with watered down resolution against Sri Lanka

On his demand for a resolution in Parliament incorporating two amendments sought by him to the US backed initiative against Sri Lanka in UNHRC, she said it wont help the cause in the present situation as a motion in the UN rights body alone would enable taking strong action against Colombo.

“People are tired of the countless dramas by Karunanidhi. While the revived TESO had failed to find any support among people and students, he seems to aim at minimising the blame by enacting the latest drama. His aspirations would not come true and people will teach him a right lesson for his drama,” she said.

(With inputs from agencies)

http://www.niticentral.com/2013/03/19/jaya-slams-karuna-describes-dmks-pull-out-as-drama-56928.html

As it happened: DMK withdraws from UPA, hands in resignations
by Ayeshea Perera Mar 19, 2013

10.31 pm: Have handed over resignations to President, says TR Baalu

“We are withdrawing support. We have handed over our resignations to President Pranab Mukherjee,” TR Baalu tells CNN-IBN and says that he cannot comment on bringing a no confidence motion in Parliament against UPA.

“We will take further action action after we see the draft on resolution on Sri Lanka. We will discuss all options before us,” said Baalu and added that the term ‘genocide’ has to be added to the draft resolution on the Sri Lankan Tamils issue.

10.24 pm: DMK leaders in Rashtrapati Bhavan to hand in resignations

DMK leaders, led by TR Baalu, have reached the Rashtrapati Bhavan to hand in their resignations.

They will be meeting Pranab Mukherjee shortly.

7.35 pm: Srilankan Airlines reduces flights to Chennai

Srilankan Airlines today slashed by half, its flights on the Colombo-Chennai sector in view of the attacks against Sri Lankan nationals in Tamil Nadu.

“Srilankan Airlines has observed a drop in traffic between Chennai and Colombo due to recent developments in Tamil Nadu, hence it was decided to reduce its frequency of flights to Chennai from 28 to 14 per week,” a statement from the airline said today.

Revised schedule involves two daily flights in the morning and evening, the airline said.

Meanwhile, the ministry of external affairs said it had lodged “strong protests” with the Indian government on the incidents of assaults on Buddhists in Tamil Nadu.

Two Buddhist monks had come under attack in Thanjavur and Chennai yesterday.

The attacks came ahead of a crucial vote at the ongoing UNHRC session in Geneva where a US-backed resolution is expected to be adopted on Sri Lanka’s accountability and reconciliation progress since the end of the three-decade long civil war in 2009.

PTI

7.00 pm: Early LS polls inevitable after DMK pulltout: Shiromani Akali Dal

The Shiromani Akali Dal (SAD) today said early elections to the Lok Sabha were inevitable after the DMK withdrew its support to the Congress-led UPA government at the Centre.

The UPA government had been in the ICU after the DMK’s exit, SAD chief and Punjab Deputy Chief Minister Sukhbir Singh Badal said at a function in Ludhiana.

“With the DMK withdrawing support to the UPA and Mulayam Singh Yadav-led Samajwadi Party breathing down its neck, early polls to the Lok Sabha are inevitable,” he said.

“The government is in ICU and day-to-day supply of oxygen cylinders cannot keep this brain dead government alive for long,” Badal said, according to an official release here.

“SAD and its alliance partner BJP are fully prepared for early Lok Sabha elections and have started the exercise of energising their cadres for the coming electoral challenge,” he said.

The DMK today withdrew its support to the UPA government and pulled out its five ministers over the issue of alleged human rights violations of Tamils in Sri Lanka.

PTI

6.18 pm: DMK insists that it is ‘not just posturing’ but says toppling UPA is not its intention

DMK MP Selvaganapathy has insisted that his party decision to pull out of the UPA was “not just posturing”, saying that they decided to pull out of the government because it had betrayed the feelings of the Tamils.

However Selvaganapathy said that it was not the intention of the DMK to topple the Indian government over the issue. But he said that they now expected the government to act proactively on the DMK demands.

The DMK wants a stronger UN resolution on Sri Lanka, and are demanding that the terms ‘genocide’, ‘war crimes’ are included, as well as a provision for an international probe. They also want a resolution condemning Sri Lankan genocide passed in Parliament. Reports indicate that they are not willing to compromise on these issues at all.

“We have given a long rope to this government”, he said.

6.10 pm: Karunanidhi only pulled out of UPA because he wants to be known as ‘champion of Tamils’, says Cho Ramaswamy

Cho Ramaswamy has said that Karunanidhi’s decision to pull out of the UPA alliance was all about political compulsions, because the label of “Champion of the Tamils” was slipping from under his feet. “Jayalithaa has stolen it from him and he wantd it back. This decision has nothing to do with the UPA, nothing to do with the UNHCR, nothing to do with Eelam and nothing to do with Sri Lanka”, he said, in a discussion on CNN-IBN.

Ramaswamy added that the valorisation of the LTTE was counter productive, saying it would be good to remember that the LTTE was also a perpetrator of Tamil suffering in Sri Lanka.

6.04 pm: Tamil Nadu protests against Sri Lanka intensify

A section of the Tamil cinema industry have also joined the continuing state-wide protests against Sri Lanka. Tamil Nadu Film Directors’ Association members led by M Ameer staged a day-long hunger strike in which top filmmakers including Shankar, AR Murugadoss and Balaji Shaktivel participated.

Their demands included implementing a Tamil Nadu Assembly resolution seeking economic sanctions against Colombo till Tamils are ensured status on par with the majority Sinhalese and conducting a referendum among the Sri Lankan Tamils for a separate Tamil Ealam (homeland).

Student protests entered an eighth day in various parts of the state including Chennai, with the participants resorting to various forms of protests including forming a human chain, police said.

5.09 pm: Even Sri Sri Ravisankar is not convinced by the DMK!

The DMk’s dramatic press conference, signaling its intention of pulling out of the UPA, has frankly impressed no one. Subramanian Swamy said that it was a case of the DMK ‘trying to play catch up to Jayalalithaa’ and predicted that the party would go crawling back to the UPA in a month.

The same sentiments were echoed by the Samajwadi Party’s Ram Gopal Yadav who pointed out that the party had not even given a letter of resignation to the President. And political pundits and media analysts are all saying that this is just a ploy on the part of Karunanidhi to win some votes in Tamil Nadu.

And now Sri Sri Ravisankar has also joined the brigade of DMK critics with two tweets, slamming the intentions of the party and saying that Karunanidhi’s move was prompted by self interest and not love for the Sri Lankan Tamils.

They have been reproduced below:

“Tamils in India &SriLanka are intelligent enough to see thru this drama of convenience of the #DMK pulling out& they won’t buy into this(1/2)”

“#DMK could have done a lot for the Sri Lankan Tamils if they were sincere. They cannot wash their hands off and shed crocodile tears”

4.36 pm: DMK stands firm, wants ‘genocide’, ‘war crimes’ included in resolution

CNN-IBN reports that the DMK is standing firm and refusing to come down from its stance that it wants the terms ‘genocide’ and ‘war crimes’ included in a UN resolution on Sri Lanka. The party is also insisting that an international probe be conducted into Sri Lankan events.

The DMK stance is putting the centre into a huge bind. Analysts say that if the government does bow down to what the DMK wants, it will end up creating a precedent where strategic foreign policy decisions will be held hostage to domestic political compulsions.

“Karunanidhi believes this is the best way for him to create an emotive issue in Tamil Nadu and this is his way of playing catch up to Jayalalithaa in Tamil Nadu and try to get votes ahead of elections”, said Bhupendra Chaubey of CNN-IBN.

4.04 pm: Sri Lanka issue will not impact IPL, says Rajiv Shukla

Amid concerns that the volatile situation in Tamil Nadu would impact the participation of Sri Lankan players like Lasith Malinga, Muttiah Muralitharan and Kumar Sangakkara in the IPL, Chairman Rajiv Shukla said that they did not forsee any issue.

“The Sri Lankan players will arrive as scheduled. We don’t forsee any problem because there is no Sri Lanka team, just individual players”, he told media in New Delhi. Shukla added that if there were an issue, they would cross that bridge when they came to it.

3.17 pm: Government to move amendment to UNHCR resolution?

CNN-IBN is reporting that the government is willing to move a stringent resolution on Sri Lanka, but will only do so if there is consensus among all parties. The news channel quoted sources as saying that the government was also mulling an amendment to the UNHRC resolution that has been significantly watered down from its original version. To see the two versions of the bill, click here.

2.00 pm: Lok Sabha resumes, Kamal Nath says govt is open to discussion

Lok Sabha has resumed and the anti-rape bill is being tabled in the house. However before the debate began, Minister of Parliamentary Affairs Kamal Nath made a statement in the house, saying that the UPA was willing to hold a discussion on a resolution on Sri Lanka at any time.

” I just talked to the foreign minister… there is no need for India to take a position in the UN till the day of the voting… we are having discussions”, he said.

Sushilkumar Shinde is now presenting the bill. Live updates on that here.

1.32 pm: Mayawati says she will back the UPA

BSP leader Mayawati has stressed that her party will support the UPA government in Parliament. Speaking to reporters outside Parliament she said, “The UPA government is not in a minority, we will support it”. Her comments come even as Ram Gopal Yadav of the Samajwadi Party added that SP support for the UPA would also continue.

The BSP has 21 seats in Parliament, while the Samajwadi Party has 22 seats. The UPA has 277 seats with outside support from SP and BSP, which is 7 seats over the halfway mark.

Meanwhile Minister of Parliamentary Affairs Kamal Nath said consultations are on to decide the government’s next step in connection to the demands of the DMK. The DMK wants a resolution condemning the ‘genocide’ of Sri Lankan Tamils adopted in Parliament, saying that the new ‘watered down’ resolution put forward by the US had failed to meet the aspirations of the Tamil people in Sri Lanka and India.

Karunanidhi said India should strongly urge the establishment of a credible and independent international commission of investigation into the allegations of war crimes, crimes against humanity, violations of international human rights law, violations of international humanitarian law and genocide against the Tamil people.

1.19 pm: Government to call all-party meet to discuss UN resolution?

The Government is likely to call an all-party meet to decide what to do next with regards to the UN resolution on Sri Lanka, reported CNN-IBN quoting sources. Meanwhile the DMK has also called for an emergency executive meet on 25 March to discuss its next step.

1.01 pm: Quick poll gauge:



12.54 pm: SP dismisses DMK ‘threat’, says it will continue to support UPA

The Samajwadi Party has said it will continue supporting the UPA and dismissed DMK chief Karunanidhi’s announcement that the DMK was pulling out of the alliance, as a mere threat. “The DMK has not given any letter to the President. This is all just a show” said senior SP leader Ram Gopal Yadav to media.

12.42 pm: Government is over for all practical and technical reasons, says BJP

BJP spokesman Rajiv Pratap Rudy said that the DMK action to pull out of the UPA clearly indicated that the government was now a ‘lame duck’ one which was now relying on the support of two contrarian parties.

“For all practical and technical reasons the government is now over”, he added.

Meanwhile the BJP is reportedly not in favour of any country specific resolutions on Sri Lanka, and are not comfortable with the use of the term “Genocide” in any Parliamentary resolution, reported Times Now.

12.36 pm: Too premature to say anything over government, says Congress

Congress Minister Renuka Chowdhry has said that the Congress was still talking and negotiating with the DMK and that it was too premature to make any statement on Parliament. “We are never happy to lose allies. It is too premature to say anything right now. Discussions are on. Let us see how we get our allies together in the service of the nation”, she said.

Meanwhile the DMK’s five members of the council of Ministers are scheduled to hand over their resignations this evening. The five are:

M K ALAGIRI, Minister of Chemicals and Fertilizers
S S PALANIMANICKAM, MOS in the Ministry of Finance
D NAPOLEON, MOS in Ministry of Social Justice and Empowerment
S JAGATHRAKSHAKAN, MOS in Ministry of Information & Broadcasting
S GANDHISELVAN, MOS in Ministry of Health and Family Welfare

12.20 pm: Lok Sabha adjourned till 2pm

BJP leader Yashwant Sinha tried to make a statement but was shouted down in the Lok Sabha. Minister of Parliamentary Affairs Kamal Nath also stood up and said that the government was willing to have a discussion on Sri Lanka at any time, but the uproar did not die down. Amid the chaos, speaker Miera Kumar adjourned the house till 2pm.

12.18 pm: Why is India a silent spectator to Sri Lankan atrocities, asks DMK in Lok Sabha

DMK MP TKS Elangovan has slammed the UPA, making an impassioned speech on Sri Lanka and the Indian government’s failure to intervene and prevent human rights violations from taking place there. “Tamil Nadu is burning, Students are on the streets. We were expecting a strong resolution but the US resolution has failed to fulfill the aspirations of Tamils in Sri Lanka and India”, he said.

Hitting out at the UPA for what he called ‘inaction’, Elangovan said, “What happened to all the assurances given to us by Sri Lanka? What are you waiting for? Why are you allowing Human Rights violations and genocide to continue there? Why is India a silent spectator?”

12. 16 pm: Update - We are always ready for elections, says BJP

12.08 pm: Praful Patel warns against ‘jumping the gun’

Minsiter of heavy industries Praful Patel has warned against ‘jumping the gun’ over the DMK decision to pull out of the government. “I don’t think there is any desire on the part of the DMK to destabilise the government. As far as I have been informed, the DMK has said it will reconsider its stance if a resolution is brought before Parliament. So we should wait and see”, he added.

Meanwhile in Parliament, the anti-rape law has been tabled by the Home Minister. Live updates on that here

And from Twitter:


12.01 pm: DMK disrupting both houses of Parliament

The Lok Sabha has resumed after an early adjournment when the DMK disrupted question hour, but it does not look as though they will allow Parliament to function at all. The DMK is still chanting slogans in the well of both houses and MPs are struggling to make themselves heard over the din. An early adjournment looks highly likely.

11.48 am: Have taken note of DMK decision but govt is stable, says Chidambaram

Finance Minister P Chidambaram has said that the UPA has “taken note” of the DMK decision to leave the alliance, but said that the government was still stable and enjoyed a majority in the Lok Sabha. “Let me assure everyone that the government is absolutely stable and enjoys a majority in the Lok Sabha”, he said in a brief press meet in Delhi, minutes after DMK Chief Karunanidhi announced that he would withdraw support.

“The DMK leader has said he will review ohis decision if we pass a resolution in the house. We have taken note of that also. However at this point, the government is stable, the government will continue, and the government has a majority in the house”, he added.

Chidambaram also said that his meeting with the DMK chief on Monday evening had come away with certain requests for the Prime Minister and Congress President from Karunanidhi and that those requests are under consideration.

He said that the government was in the process of of examining the final draft of the US resolution that had come to the government last night and would take a decision on how to vote after that examination was over. “As for the resolution condemning genocide in Sri Lanka in Parliament, we have begun consulting all parties”, he added.

11.40 am: Markets down by 300 points after DMK decision to pull out of UPA

Indian markets plunged into red immediately after the DMK decided to pull out of the UPA government since it implies an unstable government without the support of DMK.

While the Sensex plunged 312 points, the Nifty was down 97 points at 5790.

Bajaj Auto, Gail India, Sun Pharma, Wipro, ITC are among the gainers in Sensex and Nifty.

ONGC, SBI, BHEL,Coal India, Dr Reddys Lab, TCS, L&T, Hindustan Unilever, HDFC Bank, ONGC, Tata Power are among the top losers.

The DMK has 18 seats in the Lok Sabha and is the second ally to pull out after Mamata Banerjee‘s TMC.

The decision is however sparking massive celebrations among DMK cadres who are bursting crackers and celebrating outside Karunanidhi’s Chennai residence.

11.36 am: Subramanian Swamy dismisses DMK move as ‘drama’

Janta Party leader Subramanian Swamy has dismissed the DMK’s shock decision to pull out of the UPA alliance as mere ‘posturing’ and said he was not surprised by the move at all. “After one month or one week they will come back. I think Karunanidhi is scared of Jayalalithaa and he is scared of being left behind”, he told CNN-IBN.

Swamy added that in his opinion the resolution was a good one and India needed to support it.

11.24 am: What does the DMK pullout mean for the UPA?

With the pullout of the 18 DMK MPs in the Lok Sabha, the strength of the UPA government declines from 295 to 277 in the upper house of Parliament. The DMK has also ruled out any question of outside support but said it may consider changing its stand based on the government’s stand.

The UPA though has letters of outside support from the Samajwadi Party as well as the Bahujan Samaj Party which have 22 and 21 MPs respectively.

Here are the numbers as they stand right now:

Total strength of House — 540

Halfway mark — 270

UPA with DMK — 295

Without DMK — 234

With outside support from SP and BSP: 277

The DMK pullout officially means that the UPA is now a minority government.

11.12 am: DMK pulls out of UPA government, no outside support

DMK Chief Karunanidhi has just announced that the DMK will pull out of the UPA government over their stance on the Sri Lankan Tamil issue. The party will not offer outside support, and Karunanidhi has already set a list of demands on the already beleaguered UPA government that include passing a Parliamentary resolution on the genocide of Sri Lankan Tamils and having India intervene to make the US resolution against Sri Lanka more tightly worded.

“If the parliament passes a resolution ahead of the vote, we might change our stance”, he said addressing a media conference in Chennai.

“DMK continuing to support the Central government under these circumstances is impossible. Even if the LTTE is vanquished our support for the fight of Tamil freedom and human rights is not over”, he added.

The DMK has 18 members in the Lok Sabha and five members in the council of Ministers.

11.03 am: DMK to hold press meet, will they pull out of the UPA?

The DMK is about to hold a press meet in Chennai with DMK supremo Karunanidhi set to address the media. There is speculation that he will pull out of the UPA government. DMK MPs in Delhi have been tight lipped, saying that UPA actions in Parliament would decide their future course of action.

10.35 am: PM convenes emergency meeting to discuss DMK crisis

Reports just coming in state that the Prime Minister is having an emergency meet to discuss the DMK crisis that has sprung up over human rights issues in Sri Lanka. Manmohan Singh will meet Finance Minister P Chidambaram and Defence Minister AK Antony who will brief him on the results of a meeting they held with DMK supremo Karunanidhi in Chennai yesterday.

DMK Supremo Karunanidhi has refused to back down from his hardline stance against Sri Lanka, and has said that he wants a resolution condemning the ‘genocide’ of Tamil people in the final stages of the war adopted in Parliament.

Firstpost
The DMK has also called for an emergency meeting in Parliament, demanding the passage of a stronger UN resolution in Sri Lanka.

“India should intervene and see that the resolution is strengthened. We have come to understand that the resolution has been diluted and so is now irrelevant. We want the government of India to intervene and see that Tamils are protected in the island. It is the duty of India”, said a DMK spokesman outside Parliament.

Latest media reports indicate that the US has turned up a significantly watered down second draft of the UN resolution against Sri Lanka. The Times Now channel reported that the new resolution asks for an independent investigation instead of an international inquiry into alleged war crimes and continuing human rights abuses.

10.00 am: DMK gives notice for suspension of question hour in Lok Sabha

The DMK has given notice for the suspension of question hour as they want the issue of Sri Lankan war crimes discussed in the Lok Sabha. The notice comes even as DMK Supremo Karunanidhi refused to back down from his hardline stance against Sri Lanka, saying that he wanted a resolution condemning the ‘genocide’ of Sri Lankan Tamils adopted in Parliament.

The comments came after a crucial meeting between the DMK chief and three union ministers on the stand to be taken by India over the US-sponsored resolution against Sri Lanka ended with no major decision being taken. Meanwhile Congress President Sonia Gandhi made a statement saying that the Congress was ‘for the upholding of human rights in Sri Lanka’ which is being seen as a message to the DMK that the Congress will stand by them and vote for the resolution.

Karunanidhi said India should strongly urge the establishment of a credible and independent international commission of investigation into the allegations of war crimes, crimes against humanity, violations of international human rights law, violations of international humanitarian law and genocide against the Tamil people.

The DMK has five members in the prime minister’s council of ministers and 18 members in the Lok Sabha.

http://www.firstpost.com/politics/as-it-happened-dmk-withdraws-from-upa-hands-in-resignations-666378.html

http://indiatoday.intoday.in/story/2g-spectrum-scam-documents-prime-minister-2g-issue/1/258551.html

The PMO X-File: Documents prove the PM was apprised of the 2G issue but he preferred not to act

March 19, 2013

The 2G controversy may well be back to haunt the United Progressive Alliance government and its Prime Minister.

With disgraced telecom minister A. Raja trying desperately to depose before the Joint Parliamentary Committee looking into the matter, their hands may be forced with new revelations emerging to call him. And Raja waiting for an opportunity may well recount what this hitherto unseen note has now put into public domain.

Pulok Chatterjee, secretary in the Prime Minister's Office (PMO), on January 6, 2008, just four days before Raja gave away precious spectrum on a first- come- first- served basis to a handful of operators, wrote to principal secretary TKA Nair and the PM apprising them of the 'spectrum issue'.

All this happened on the back of Raja's note to the PM dated December 26, 2007, (already in public domain) which says, " Discussions with external affairs minister (Pranab Mukherjee, who also headed the GoM on spectrum) and solicitor general (Ghoolam Vahanvati, now attorney general) have further enlightened me to take pre- emptive and proactive decisions on these issues as per the guidelines and rules framed." This note was asked for by Nair after much correspondence between various players of the time.

Chatterjee summarises by saying that his extensive note gives recommendations and suggestions.

While Chatterjee details several things which are well known in the preamble of his note like the fact that "allocation of very limited spectrum to each operator leads to high levels of inefficiency in the use of spectrum, what emerges is damaging note by Mail Today Bureau in New Delhi that he opts for an auction methodology".

"Ideally in a situation where spectrum is scarce, it should be auctioned though uncontrolled auction can lead to inflated bids, unacceptability high prices for the customer and threaten the financial stability of the industry."

He then goes on to suggest that "there are licensed operators who have excess spectrum while at the same time there are many pending applications awaiting allocation of spectrum".

Chatterjee then unveils a new spectrum policy based on new norms: .. Allocation must ultimately be linked to the number of subscribers to ensure optimal use .. Solution must be found within set of contractual rights already created .. Existing operators which were allotted spectrum must be given an opportunity to reach efficient scale .. New operators must be assured of the prospect of sufficient spectrum .. Spectrum must be assigned value, its pricing must not be inflated to make it financially unsustainable .. Licensing and spectrum allocation policy must be fair and transparent to ensure free competition Progressing, Chatterjee reveals his approach which is slightly at variance with his initial comments, as auction becomes new allotments at normal rates: ..

Fix a threshold level of spectrum that each operator must have for efficiency. Existing operators holding spectrum above threshold level may be allowed certain amount of time to raise subscriber levels to reach full utilisation failing which excess spectrum may be withdrawn. New operators may be allotted spectrum only up to the threshold level on payment of normal fees. Balance spectrum may then be auctioned among all those who hold spectrum up to the threshold level Chatterjee at the time of writing all this already discussed the matter with the newly inducted Department of Telecommunications (DoT) secretary Siddharth Behura, who was ultimately charge- sheeted and jailed along with Raja.

Interestingly, even while all this is going on, a file noting on January 11, a day after Raja has given away spectrum willfully, says, "PM says that DoT has issued licences today that may be taken into account and the issues accordingly modified and submitted to him please." Chatterjee's next missive to the PM dated January 15, 2008 , says, "It is true that a certain number of operators have already been issued letters of intent ( LoI)⦠they could be considered for allocation of spectrum up to the threshold level once they fulfil all Loi conditions."

All this is post facto after the deed was done by Raja.

It is here that a curious turn of events takes place.

On January 23, 2008, in yet another damaging file noting, it is said, "PM wants this informally shared with the DoT. He does not want a formal communication and wants PMO to be at arm's length please."

Two days later, another noting on the same file adds, "Informally shared with secy DoT. We may keep on file."

Chatterjee saw reason in having an auction but in a tempered manner so that operators and subscribers don't bleed to death and their financial sustainability is not hit.

Raja went ahead and did what he intended and the PM, who realised that the horse had bolted, wanted to maintain arm's length knowing fully well (or, at least, his principal secretary knew all along) what was happening.

Over to Raja.
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March 19, 2013
Within 2 weeks of the 2G scam, PM wanted “arm’s length” from Raja


Shalini Singh


New documents show that the Prime Minister’s Office, under instructions from Prime Minister Manmohan Singh to examine ex-Telecom Minister A. Raja’s controversial 2G decisions, actively supported Mr. Raja before the scam, only to seek “arm’s length” distance from him once the 2G licences were allocated on January 10, 2008 amid intense media scrutiny and Opposition attacks.

Pulok Chatterji, who presented the analysis on file on December 31, 2007, was appointed Secretary in the PMO, two days later on January 2, 2008. A detailed discussion between Mr. Chatterji and the then Principal Secretary, PMO, T.K.A. Nair is recorded on January 6, 2008, on page 1/N–5/N which concludes in agreement with Mr. Raja’s last letter to the Prime Minister.
Mr. Nair signed off his approval on January 7, 2008, just three days before the 2G scam was perpetrated on January 10, 2008.

The file movement began again after the scam, with a noting on
January 11: “PM says that the DoT has issued the licences today. That may be taken into account and the issues accordingly modified and submitted to him. Pl.”

On January 15, Mr. Chatterji sought permission to resubmit the PMO’s agreement on the modified first-come-first-served (FCFS) process, allocation of threshold spectrum on meeting LoI conditions and auctions only beyond threshold levels, to Secretary, DoT. It is at this point that the PS to the PM, B.V.R. Subrahmanyam, on January 23, 2008, instructed that: “PM wants this informally shared with Department. Does not want formal communication and wants PMO to remain at arm’s length please.”

Within two days, Mr. Chatterji complied with the order. He wrote: “Informally shared with DoT. We may keep on file.”

Though the Prime Minister has attempted to separate himself from Mr. Raja’s actions through his statements in Parliament and a TV Editors press conference in February 2011, this fresh evidence establishes that Mr. Raja was not alone in pursuing a line of action that has since landed him in legal trouble.

The documents provide a clue to why, in the face of public anger, media scrutiny and questions by the Opposition in Parliament, the Congress and the UPA-II government threw their entire weight behind Mr. Raja, until the CAG report and Supreme Court observations forced him to resign in November 2010.

They also explain why senior Cabinet Ministers had to take an aggressive public stance on 2G in 2011, to prevent its flames reaching 7 Race Course Road, and finally the reasons for UPA members in the JPC investigating 2G to resist demands for either Dr. Singh or Mr. Raja to be called in as witnesses.

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http://www.thehindu.com/news/new-papers-show-pmo-analysed-and-agreed-with-rajas-actions-before-2g-scam/article4519617.ece?css=print




March 19, 2013

New papers show PMO analysed and agreed with Raja’s actions before 2G scam


Shalini Singh



The Hindu Prime Minister Manmohan Singh with former Telecom Minister A. Raja. File photo: V.V. Krishnan

The Hindu Prime Minister Manmohan Singh with former Telecom Minister A. Raja. File photo: V.V. Krishnan

Will Manmohan distance himself from PMO officials as he did from Raja?

New evidence shows that Prime Minister Manmohan Singh, far from being “at arm’s length” from ex-Telecom Minister A. Raja’s controversial 2G decisions, had directed officials in the PMO to “examine urgently” Mr. Raja’s letters outlining his intended decisions which eventually led to the 2G scam on January 10, 2008. Investigation now reveals that senior PMO officials had supported several of Mr. Raja’s acts on file, well before the 2G scam.

These very same 2G decisions of 2008 were later, in February 2012, declared by the Supreme Court to be “wholly arbitrary, capricious and contrary to public interest apart from being violative of the doctrine of equality.” Mr. Raja, his senior officers and industrialists were accused by the CBI of entering into a criminal conspiracy to cheat the exchequer of Rs. 1.76 lakh crore of revenue, as per the CAG’s estimates.

Examine urgently: PM

A set of hitherto unseen documents emerging from PMO File No 180/31/C/26/OS.ESI, Vol. IV, in the possession of The Hindu, shows that the Prime Minister, after receiving written intimations from Mr. Raja on December 26 about his plans to manipulate the first-come-first-served (FCFS) policy, directed on December 29, 2007 that the letter be “examined urgently.” Based on the PM’s directions, the then Principal Secretary, PMO, T.K.A. Nair and Secretary, PMO, Pulok Chatterji analysed Mr. Raja’s letter, discussed the implications and listed suggestions — while agreeing in writing with at least four of his actions ahead of the 2G scam.

The new set of documents is at variance with the popular belief that Dr. Singh made weak attempts to caution Mr. Raja against his multiple illegal moves, but eventually failed to restrain him. File notings demonstrate not just agreement with Mr. Raja’s written intimations — but even a discussion on these specifications, between Mr. Chatterji and “the new Secretary DoT,” Siddharth Behura — nearly a week before the 2G scam.

On the Prime Minister’s directions, a detailed analysis on 2G was placed on file along with Mr. Raja’s six-page letter to the PM and a “Top Secret” note by the then External Affairs Minister (EAM) and Chairman of the GoM on Spectrum, Pranab Mukherjee, both coincidentally dated December 26, 2007.

Mr. Chatterji, then a senior official in the PMO, on December 31, 2007, wrote on page 1/N of the file, in a “Confidential/Internal” note: “As desired by Pr. Secy., I have gone through the note of the EAM and the letter of Minister C&IT and an earlier note on the telecom issues. All these documents are placed below. I have prepared a comparative chart at F/X that gives various recommendations on each issue. The last col. gives certain suggestions. Pr. Secretary may like to see this.”

The PMO’s four-page “comparative chart,” which specifically deals with “Issues of new licenses,” establishes that the PMO was in agreement with the decisions for which Mr. Raja stands accused in the CBI charge sheet of April 2, 2011, the CAG report of November 16, 2010, and the Supreme Court judgment of February 2, 2012, which cancelled 122 licences.

PMO agreed with Raja

The PMO was in agreement that startup spectrum — called “threshold” in the file — be allocated at “normal” rates. This implies no revision in entry fee, a crime for which the CBI charge sheet accuses Mr. Raja. A related note by Mr. Chatterji, after his discussion with Mr. Nair, goes on to recommend that auctions only be held beyond “threshold” (startup) level.

This supports Mr. Raja’s refusal to revise the entry fee or resort to auctions in his letters to the Prime Minister of November 2 and December 26, 2007, which were written in response to the PM’s letter of November 2, 2007.

Thirdly, the file notings endorse Mr. Raja’s proposition that the FCFS policy should continue, despite acknowledging on file that over 570 applications were pending, with a caveated admission by Mr. Chatterji on page 3/N Section 14, that, “Ideally, in a situation where spectrum is scarce, it should be auctioned.”

Finally, the documents not only accept Mr. Raja’s manipulation of the FCFS definition which changed the priority from “date of application” to time of compliance with the Letter of Intent (LoI) — “payment of fee, etc” — but document this illegal change in Column 6 of the “comparative chart” as a 3-stage process, mirroring the 3-stage process outlined in Mr. Raja’s last letter to the Prime Minister of December 26, 2007.

The Supreme Court, the CAG and the CBI have held this to be a violation of the then existing FCFS process.

The PMO files do not comment on the illegal advancement of cutoff date though Mr. Raja had specifically informed the Prime Minister about the advancement in his earlier letter D.O. No.20-100/2007-AS.1 of November 2, 2007.

At the time of our going to press, the PMO had not responded to a detailed set of questions emailed by The Hindu.


Read more at: http://indiatoday.intoday.in/story/2g-spectrum-scam-documents-prime-minister-2g-issue/1/258551.html

June 2010, 13 months after the so called or alleged Srilanka genocide, Kanimozhi, Baalu and the firebrand Tirumavalavan felicitate, receiving gifts and taking blessing from the alleged war criminal Sri Lanka President Mahinda Rajapaske....look at the photos...Kani receiving gifts from Rajapakse, firebrand Tirumavalavan receiving blessing, Baalu's warmth with Rajapakse, even after 13 months after the final war...now cry for the loss of life of innocent Tamils...The delegation wraps golden anagavastra on Rajapakse...What, pray, is hypocrisy?

http://bharatkalyan97.blogspot.com/2013/03/karunas-hypocrisy-jayaa-credibility-of.htmlKaruna's hypocrisy -- Jayaa. Credibility of DMK is zilch.

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As it happened: UNHRC resolution on SL passed, but DMK says India ‘failed’

by Ayeshea Perera Mar 21, 2013

5.14 pm: DMK unimpressed despite resolution on Sri Lanka

Sri Lanka was clearly unhappy with the UN resolution that was passed against it a short while ago, with the country’s envoy calling it ‘overtly pessimistic’ and asking why there was an ‘unhealthy obsession’ with Sri Lanka. However the DMK is also unhappy.

“The resolution has been diluted, the government has failed”, said the DMK in remarks to media shortly after the resolution was moved in Geneva. “The formation of an international inquiry was a must to go into genocide, but this demand too has not been met”.

The resolution did not have any of the DMK demands, including the inclusion of the word ‘genocide’ and a demand for an international probe into rights abuses in the country. Times Now quoted sources as saying that the US had dissuaded India from including the eleventh hour amendments they had made to the resolution.

4.08 pm: Amnesty International welcomes adoption of resolution against Sri Lanka

Amnesty International spokesman Peter Splinter, has welcomed the UN resolution against Sri Lanka, saying that it was a good one, which pointed to the ongoing human rights violations in Sri Lanka and the need for ongoing international monitoring.

Splinter added that it would have been more desirable if the resolution mandated an international probe instead of just a ‘credible’ probe, but said that if the Sri Lankan government continued to behave in the manner they had been for the last few years, the next resolution would definitely see the imposition of an international probe.

“More than anything the resolution tells the people of Sri Lanka who are suffering that they are not alone, and the international community is concerned”, he added.

3.57 pm: UNHRC resolution on Sri Lanka adopted 25 – 13 with eight abstentions

The UNHRC resolution on Sri Lanka has been officially adopted by the council, with 25 members voting for the motion, and 13 voting against it. There are eight abstentions. The numbers are almost unchanged from that of last year. India voted for the resolution.

India’s envoy Dilip Sinha made a strongly worded statement on Sri Lanka, saying that it was imperative that Sri Lanka implemented the recommendations of the LLRC and moved forward in accordance with the 13th amendment to its constitution.

“It is vital that Sri Lanka addresses issues like missing persons, detainees, and the return of private lands by military”, Sinha said, adding that the measures taken so far were unsatisfactory.

“India is Sri Lanka’s closest neighbour and share thousands of years of relationship. We cannot be but untouched by what happens in Sri Lanka”, he added.

Will this speech be good enough to win over the DMK and coax them back into the fold of the UPA? That will be interesting, considering that the resolution did not contain the word ‘genocide’, or call for an international probe – both of which were demands forwarded by Karunanidhi.

3.52 pm: Update – Japan will abstain from vote on Sri Lanka

Japan will abstain from the vote, said its envoy while asking the Sri Lankan government to move forward on the recommendations made by the LLRC, and appreciating the assurances made by President Mahinda Rajapasaka when he visited Japan earlier this year, that Provincial Council elections would be held in Jaffna.

3.49 pm: Thailand to vote against resolution, Korea to vote for

Both Thailand and Republic of Korea have expressed satisfaction with the Sri Lankan government’s steps, but while Thailand said it would vote against the resolution, Korea said it would support it.

3.42 pm: Why this obsession with Sri Lanka, asks envoy

Warning that resolutions such as that which was being brought against Sri Lanka would cause the UNHCR to suffer the same fate of its predecessor, the Sri Lankan envoy is asking “why this preoccupation with Sri Lanka on an inordinate and disproportionate level. It has been just three years and ten months since the war ended. We have demonstrated so much progress in a short period of time”, he asked.

The Lankan envoy also indirectly lashed out at the United States, saying it was only targeting countries that did not conform to its political agendas. “Today it is Sri Lanka, tomorrow it will be any country which does not adhere to the agenda of those who bring forward this resolution, who claim to stand for Human Rights the world over, while actively pursuing agendas other than Human Rights”, he said.

3.35 pm: Sri Lanka takes the floor, says ‘pessimistic’ draft is unacceptable

An extremely indignant Sri Lankan envoy has taken the floor, saying that the draft resolution is completely unacceptable to Sri Lanka. “The preambular part of the text is intrusive, replete with misrepresentations, focuses disproportionately on the negative and eliminates or is dismissive of the positive”, he said,

“There are also aspersions cast on domestic processes which are undergoing without any foundation”, he said.

The Sri Lankan delegation also stated that there were allegations that there was discrimination on the basis of ethnic and religious consideration, which were blatantly false.

3.30 pm: Venezuela slams Sri Lanka resolution as ‘hypocritical’ and ‘double standard’

Venezuela has rejected the resolution against Sri Lanka, saying that the resolution does not have any genuine cooperation or dialogue which is the cornerstone of any meaningful resolution. The envoy slammed it as being ‘hypocritical’ and of ‘double standard’ and said that Sri Lanka was being targeted despite the meaningful steps its government had been taking to foster reconciliation.

He added that Venezuela would vote against the resolution.

3.27 pm: EU, Switzerland, Brazil and Sierra Leone to vote against Sri Lanka

The envoys from Ireland (speaking on behalf of the EU), Switzerland, Brazil and Sierra Leone have all welcomed the resolution on Sri Lanka as being geared towards helping the country promote national reconciliation and accountability, and have said that they will support it.

3.17 pm: India ‘urges’ Sri Lanka to move forward on reconciliation

India’s envoy Dilip Sinha is reading out a diplomatic, yet strongly worded statement on Sri Lanka, saying that it was imperative that Sri Lanka implemented the recommendations of the LLRC and moved forward in accordance with the 13th amendment to its constitution.

The 13th amendment establishes the Provincial councils in Sri Lanka, and was an attempt to devolve power from the centre. It was introduced to the Sri Lankan constitution at the behest of India in 1987, and recently was called into question when President Mahinda Rajapaksa ruled out devolution of power in the Tamil dominated North and East.

“It is vital that Sri Lanka addresses issues like missing persons, detainees, and the return of private lands by military”, Sinha said, adding that the measures taken so far were unsatisfactory. This is one of the strongest statements India has ever made on Sri Lanka with regards to the ethnic conflict that ended in 2009.

Sinha added that it was India’s belief that the end of the conflict provided an unique opportunity to Sri Lanka for reconciliation and the opportunity needed to be grabbed.

“India is Sri Lanka’s closest neighbour and share thousands of years of relationship. We cannot be but untouched by what happens in Sri Lanka”, he said, adding that India would continue to enage with the country.

Sinha also urged the President of the UNHRC to accept an invitation by Sri Lanka to visit the country.

3.10 pm: Pakistan to vote against US resolution on Sri Lanka, takes dig at India

The Pakistan envoy has said that the draft resolution against Sri Lanka was overly intrusive and interfering, adding that Pakistan was appreciative of Sri Lanka’s efforts to foster reconciliation and its continuing efforts to update the council on steps being taken in this regard.

And in what can be construed as a dig against India, the envoy said that Sri Lanka had suffered for many years from “externally sponsored terror” and said the country needed more time to right all the wrongs that had been perpetuated on it.

Of course the Pakistan envoy could also have been referring to the active Tamil diaspora in countries like England and Canada which were instrumental in funding the LTTE during its two decade long struggle against the Sri Lankan government.

He added that Pakistan was of the opinion that country specific resolutions must be of a constructive nature to bear any fruitful results, and that the Sri Lanka resolution was not an example of such a resolution.

“A country like Sri Lanka needs to be helped and not chastised”, he added.

3.05 pm: United States presents the draft resolution on Sri Lanka

The resolution on Sri Lanka is being co sponsored by 41 countries, says the US, saying that Sri Lanka must take meaningful action on accountability, the deteriorating human rights situation and said that much remains to be done in terms of adopting the constructive suggestions of the country’s Lessons Learned and Reconciliation Commission.

The US said that they were committed to working constructively with Sri Lanka, and stood ready to assist in the effort to rectify the situation.

3.00 pm: UN session gets underway

Well, it took a while, but the UN Human Rights Council meet has finally got underway. The draft resolutions are still not being taken up for discussion, because there are still some procedural things that have to be dealt with, including the appointment of people to various international councils.

Meanwhile surprising no one, Indian External Affairs Minister Salman Khurshid has said that India will vote against Sri Lanka at the vote.

1.59 pm: UN session to begin shortly

The UN session and vote on Sri Lanka will begin in a short while from now. Still no word on whether India’s amendments have been included in the final draft of the resolution.

1.03 pm: Sri Lankan issue is more troublesome in India, say Lankan newspapers

Sri Lanka’s government run Daily News newspaper has run an editorial slamming the anti-Lanka protests in Tamil Nadu, and calling the attack of several Sri Lankan Buddhist monks ‘loutish behaviour’.

“It’s excellent at this time then that Sri Lankan regime and people, have not taken cudgels against India. Why should they? India’s problems with regard to the Sri Lankan issue seem to be more troublesome than Sri Lanka’s own!”, read the editorial.

“The attacks were ghoulish and would be a blot on India’s image without the slightest doubt, though it’s granted that the Indian political establishment or the Indian people as a whole have nothing to do with them. This behaviour would invite instant condemnation from anybody concerned with these events, politically or otherwise”, it added.

Meanwhile an organisation calling itself ‘Ravana Balaya’ launched a protest opposite the Indian High Commission in Colombo yesterday condemning the recent attacks on Sri Lankan Buddhist monks in Tamil Nadu, reported the country’s Island newspaper.

11.00 am: UNHRC resolution on SL today, will India’s amendments make it?

The UNHRC resolution on Sri Lanka will go to vote in Geneva at around 2.o0 pm India time, and it remains to be seen whether India’s amendments which were decided on at the eleventh hour, will be incorporated into the final text.

India’s envoy in Geneva, Dilip Sinha was in Delhi on Wednesday and met with Foreign Secretary Ranjan Mathai, External Affairs Minister Salman Khurshid and Prime Minister Manmohan Singh to discuss a set of amendments intended to strengthen the final draft of the resolution against Sri Lanka, which has been widely decried as being greatly diluted.

Compared to the original draft, the final resolution has given up the demand for an international investigation, and now the onus to set up a mechanism for investigation is on Sri Lanka.

The other changes that dilute the resolution are:

1. Government of Sri Lanka has been replaced with “each State” thereby making it a general observation than being specific to Sri Lanka.
2. Three new paragraphs that support Sri Lanka have been inserted into the revised draft.
3. The new text welcomes the announcement by the Government of Sri Lanka to hold elections to the Provincial Council in the Northern Province in September 2013
4. New text also refers to rebuilding infrastructure in Northern Sri Lanka and how LLRC report can be the basis of national reconciliation.

Firstpost
It was this perceived dilution that also prompted the DMK to withdraw support to the UPA government.The Indian government’s sudden rush to incorporate amendments is being seen as an effort to placate Karunanidhi’s party who wanted the Indian government to intervene and strengthen the UN resolution.

Of course given the CBI raids that were conducted at DMK leader MK Stalin’s house early morning, it will be interesting to see if mere amendments will be enough to win back the DMK. Especially given that a majority of party’s in the house are also uncomfortable with the DMK’s second demand that the Parliament pass a resolution condemning ‘genocide’ in Sri Lanka, and calling for an international probe into perceived war crimes.

Major political parties like the Samajwadi Party and BJP have all said that they are not comfortable with the idea of passing a country specific resolution.

“We have recently rejected Pakistan parliament resolution on Afzal Guru. How can we do the same to a friendly neighbour. At the UNHCR, India should do what is in the national interest and interest of Tamils of Lanka,” said SP leader Rewati Raman Singh while emerging from the meeting convened by Parliamentary Affairs Minister Kamal Nath.

JD(U) Sharad Yadav also echoed similar views at the meeting where he is understood to have questioned the logic of adopting a resolution against a sovereign nation.

He is believed to have told the meeting that if India has to provide relief to Sri Lankan Tamils, it should do so without antagonising the host country, sources said.

Meanwhile Sri Lanka has rejected even the greatly watered down version of the draft resolution.

In letters addressed to foreign ministers of UNHRC member countries, External Affairs Minister GL Peiris said Sri Lanka believes that drawing disproportionate attention to Sri Lanka’s situation and introducing resolution that seeks to discredit, single out the country are unhelpful and counterproductive to Sri Lanka’s current reconciliation process, reported Xinhua.

The minister noted that the beneficiaries of such action would be none other than the divisive forces that seek to destabilize the hard won peace in the country.

Moreover, he said the precedent created by intrusive, biased and politicized actions such as the US sponsored resolution on Sri Lanka would pose danger for all nations.

“Just as the government of Sri Lanka did not recognize the last HRC resolution, it rejects the new resolution. Sri Lanka seeks the understanding and the support of HRC member states at the vote on this resolution,” the minister said in his letter.

http://www.firstpost.com/world/as-it-happened-unhrc-resolution-on-sl-passed-but-dmk-says-india-failed-669570.html

Wharton Satyagraha Press Release. Please spread the word to all media.
http://whartonprotest.blogspot.com/p/press-release.html

FOR IMMEDIATE RELEASE

Americans for Free Speech
New York City

Email: whartonprotest@gmail.com
Web: http://whartonprotest.blogspot.com
Media contact: Arvind Kumar, (646) 594-4397

WHARTON SATYAGRAHA A RESOUNDING SUCCESS



A collection of individuals came under the banner of Americans for Free Speech and conducted a spectacular rally on March 23rd at the University of Pennsylvania campus in Philadelphia to protest the violations of the free-speech rights of students by the faculty of the university. The rally which was referred as the “Wharton Satyagraha” attracted hundreds of people from various places who braved the chilly weather to participate in the protest. It was also supported by several people affiliated with the university. Satyagraha is a way of non-violent protest that uses moral force to insist on the truth. The word was used to describe the protests of Mahatma Gandhi.

The Satyagraha consisted of a parade followed by a rally outside the event conducted by the student run Wharton India Economic Forum which had rescinded the invitation to Narendra Modi after faculty members at the university objected to Modi as the speaker. The parade was kicked off by an inspiring speech delivered by Satya Dosapati who drew parallels with Gandhi’s march against salt tax and Martin Luther King’s march for civil rights. The highlight of the parade was a memorial service conducted in remembrance of free-speech outside the building housing the Department of English as many protesters tied their mouths with black ribbons. As the band played funeral music, a wreath was placed and a candle was lit in front of a headstone that read, "In Memory of Free Speech 1776-2013. Killed at Wharton by the English Department."

The protesters then made their way to the site of the rally to the revolutionary tune of Beethoven’s Fifth Symphony. Among the speakers at the rally were Saswati Sarkar, a professor at the university, and Peter Bonilla of the Foundation for Individual Rights in Education (FIRE). Professor Alan Kors, the founder of FIRE, and former faculty member Francisco Gil-White who was himself a victim of the university’s violation of free-speech rights sent in statements that were read out. Professor Kors highlighted the selective standards of the university and pointed out that the university would have come out in favor of Muslims if they had been offended. Francisco Gil-White sent in his statement from Mexico City. Well known activist Richard Benkin sent a recording of his speech. All speeches and statements were repeatedly interrupted by loud cheers and applause.

The protesters carried several placards and banners during the Satyagraha. One placard read, “First they came for the Hindus...” while others mocked the faculty members by portraying them as members of the “Intellectual Al Qaeda.” A few placards highlighted the wrong claims about the 2002 Gujarat riots with the claims rubber stamped with the word “Lie” and the words “Professors, Don’t Lie” appearing under the highlighted claim. Still others quoted Benjamin Franklin and the First Amendment of the American Constitution. There were also messages supporting Narendra Modi and opposing Communism. One banner that conveyed a poignant message was the image of Statue of Liberty being gagged by a person with the word “UPenn” stamped on his headgear. Several students and faculty members who did not want to openly participate in the rally fearing retaliation from the university’s authorities walked up to the protesters and thanked them. Many of them expressed support on Facebook and other social media outlets.

Amy Gutmann, the president of the university, had been invited to present her view on why she believed it was right to demonize Hindus who participated in public affairs, but she did not show up at the event. Despite the university being responsible for targeting Hindus, the organizers decided to invite the president of the university as they wanted to conform to the Hindu ethos and set an example by providing a platform for the free expression of ideas.

“This is just the first of the Satyagrahas this country will see,” said Prasad Yalamanchi who was one of the organizers of the protest.

Video and photos of the Wharton Satyagraha can be seen at http://whartonprotest.blogspot.com.

For more details, contact Arvind Kumar at (646) 594-4397 or send an email to whartonprotest@gmail.com.

The real story behind the DMK exit

The Unreal Times, March 20, 2013  F

 

March 28, 2013 Statement of Dr. Subramanian Swamy


The scurrilous remarks of MDMK leader Vaiko against the High Commissioner of Sri Lanka Mr Prasad Kariyawasam is an offence under Sections 124A and 125 of the Indian Penal Code. The Tamil Nadu Police must immediately register suo moto a FIR against Mr. Vaiko,
arrest him for custodial interrogation, and launch his prosecution. Otherwise the Crime Branch in the Home Ministry should register the FIR.

What the Sri Lanka High Commissioner said about India's connection with Sri Lankan people is absolutely correct and proved by recent studies on DNA of South Asians and published in learned journals.

NB:
Reference to HC at http://indiatoday.intoday.in/story/mdmk-chief-vaiko-criminal-prosecution-sri-lankan-envoy-sedition-charges/1/259593.html

Modern China’s hidden Achilles heel
Geopolitical notes from India
M D Nalapat

Friday, March 29, 2013, Jamadi-ul-Awal 16, 1434 AH

Friday, March 29, 2013 - If in the 1960s it was the fashion to predict the imminent collapse of India, with even the brilliant writer Sir Vidya Naipaul succumbing to the Churchillian influence of those who regarded the people of India as incapable of unity. Since the 1997 handover of Hong Kong from London to Beijing, several books and articles have talked of the “coming collapse of China”. Indeed, that was the title of a book by Gordon Chang, a formidable intellect. Most such doomsayers regarded the authoritarian rule of the Chinese Communist Party (CCP) as being incompatible with continued rapid growth and social stability, whereas in fact the Chinese economic model depends on strong government to ensure rapid growth.

Had the CCP loosened its grip over policy, growth would have slowed down rather than accelerated. While the private sector in China needs to become as much of a priority for policymakers as state-owned enterprises (SOEs) have been since economic reform accelerated in the mid-1980s, the unique Chinese model of development necessitates robust mentoring by the state in order for even the private sector to achieve its full potential. Nearly nine years ago, this columnist had written (in the Far Eastern Economic Review) that in China, it was not “Authoritarianism versus Growth” but “Authoritarianism and Growth”, that China owed its rapid material ascent to the CCP’s policy of central control over overall trends, and nothing has happened since then to cause a revision of this view. While the current leader Xi Jinping is unlikely to go the Roh-Ching-kuo way, his successor is very likely to leave office in 2033 after having initiated a transition to a popularly elected executive in place of the present system of nominated leaders. The Chinese people are modernising themselves as fast as their economy, and are today completely different from what they were even fifteen years ago.

The danger to the stability of China will come not from declared enemies of the CCP - these can be handled with relative ease, at least so long as growth continues to be beyond 6% annually. Rather, the true Achilles Heel of the Peoples Republic of China is the fact that across institutions, those who have studied humanities abroad are taking over the higher rungs of decision-making in preference to those who were educated within China. There is a difference between the study of science and engineering and the learning of humanities. The latter often result in the ingestion of mindsets and world-views incompatible with the core interests of the country of origin of the student studying in the US, the UK or other NATO-bloc countries. More and more children of top leaders of the CCP are going to fashionable NATO-bloc universities for higher learning in non-technical subjects, including finance and economics. A western education usually results in the individual concerned losing familiarity with the basic conditions within his or her country of origin.

A substantial part of the reason why India continued to proceed to advance at a snail’s pace after 1947 was because both Jawaharlal Nehru as well as Indira Gandhi were educated in the West, in contrast to Lal Bahadur Shastri, who was wholly educated in India. Both Nehru and his daughter fashioned policies that continued the colonial pattern of not trusting the Indian people, so that the straitjacket of state control that had snuffed out enterprise during the British Raj was continued. Only when the India-educated P V Narasimha Rao or Atal Behari Vajpayee took charge did the economy accelerate,only to once again decline now that the duo of Sonia Gandhi and Manmohan Singh (both of whom were educated abroad) are in charge.

In a travesty of what is needed in order to ensure good governance, each year the Government of India spends tens of millions of dollars educating its officials (and a scatter of politicians) in pricey universities such as Oxford or Harvard. Those that return imbibe the colonial mistrust and contempt of the Indian people, and fashion policies that have the effect of promoting NATO-bloc interests rather than that of their own country. In ministries dealing with economic matters in particular, a foreign degree is highly prized, and the higher echelons get filled by these birds of passage, who often see a stint in India as just a means of earning the goodwill of NATO-bloc countries, to which they yearn to return

China is facing the same problem as India. Its policy elite are sending their sons and daughters to NATO-bloc countries for education in the social sciences. When they return, these favoured individuals ensure that they and other foreign returnees slowly begin to elbow out from higher positions those educated in China. As a consequence, policy gets skewed in an elitist direction, thereby creating conditions where economic progress and stability can be at risk. Even more than in India, there is a craze in China for Western education, western dress and western lifestyles. Slowly, those that have fallen prey to such a transformation of their psyches are extending their tentacles across the various agencies of government. However, as yet, at the top those in charge are still those who have studied entirely in China, at least so far as the social sciences is concerned. There is as yet no Manmohan Singh in Beijing.

However, unless the Chinese leadership looks at the example of India and understands the value of education at home rather than in NATO-bloc countries, increasingly policies that are skewed in an elitist direction will get formulated and implemented, as they were when Jiang Zemin was in charge. Things changed during the ten years under Hu Jintao, and it is to be hoped that President Xi Jinping will follow the “Asian nationalist” track of Hu Jintao rather than the blind westernization favoured by Hu’s predecessor, Jiang Zemin. The problems facing Chins need Chinese, not western, solutions. And for these to be worked out and implemented, those educated at home need to be given primacy over those educated in the NATO bloc. Indeed, the latter are modern China’s hidden Achilles Heel.

—The writer is Vice-Chair, Manipal Advanced Research Group, UNESCO Peace Chair & Professor of Geopolitics, Manipal University, Haryana State, India.

http://pakobserver.net/detailnews.asp?id=201933#.UVTDXTW19FY.email

India’s shadow economy:

Evasive action

A banking scandal highlights the problem of black money in India

The Economist, Mumbai, Mar 23rd 2013

THE videos were set to the James Bond theme tune and labelled as a “shocking mega-exposé”. They were released by an investigative website called Cobrapost on March 13th, and have hit the share prices of India’s biggest private-sector banks.

The sting consisted of a journalist with a secret camera walking into bank branches, where he claimed to be linked to an unnamed politician whose house could no longer contain his cash. Staff in many branches were only too willing to help launder the money, usually by fiddling the rules for setting up accounts and insurance policies. “Yes, yes, don’t worry, sir, all people do this,” replied one bank official.

The lenders and their regulator are looking into the allegations. Even if they are bogus, they tap into a well of mistrust. A 2009 e-mail claimed that Indians held more money in Swiss banks than people from all other countries combined. It was a hoax, but still went viral.

Gauging the scale of the problem is hard. A 2010 World Bank study of 151 countries concluded that India’s shadow economy, defined as legal activity concealed from the authorities, was equivalent to a fifth of official GDP (confusing matters, it is unclear to what extent India’s official GDP already captures the black economy). That is roughly double the level of the best rich countries, but below the global average and most other emerging nations. The last vaguely official study was in 1985 and had a similar answer—19-21% of official GDP.

Both estimates look too low, especially if all types of dodgy activity are included. About 85% of jobs are in the informal sector, which is typically cash-based. Corruption is common—both “retail” small bribes and “wholesale” scams involving powerful politicians. It seems likely that things have deteriorated since the mid-1980s. True, the tax code has been improved, and the effective tax rate big firms pay has risen. But the boom of the past two decades is seen by many as a gilded age to rival 19th-century America’s, with a cast of chancers and robber barons to match.

Take tax. Only 42,800 people declare income of over 10m rupees ($184,000) a year. India’s finance minister, Palaniappan Chidambaram, says this figure is “laughable”. It is not just the rich that play fast and loose. Only 2.5% of Indians pay income tax. Surjit Bhalla of Oxus Investments, a research firm, reckons the actual income-tax take is two-thirds lower than it should be.

The asset classes in which black money is stored provide another clue to the scale of the black economy. Property and land transactions probably amount to tens of billions of dollars a year. Mumbai has a huge stock of empty apartments held as investments, their owners unwilling to sell for fear that the proceeds might enter the formal economy and be taxed.

Gold is another currency of choice. This is partly because the rate on bank deposits barely beats inflation, but also because it is hard to keep tabs on the shiny stuff. Gross gold imports are running at 2-3% of GDP. Household savings have drifted back towards more opaque asset classes. Savings in physical assets—such as bullion and housing—are running at 14% of GDP a year. Formal financial savings such as bank deposits, which tend to be cleaner, have declined to just 8%, from 12% in 2009.

A final indicator is the offshore-finance system. Much foreign investment into the country flows via Mauritius, with which India has a tax agreement. Supporters say it allows investors to avoid red tape and unfair capital-gains levies. Critics argue that Mauritius is a conduit through which Indians send and bring back black money (the island’s government denies this).

At least the cash-strapped government appears to be taking the issue of the shadow economy more seriously. It plans to cross-check bank and credit-card records with tax submissions. It has commissioned a series of studies into black money that are due in the next few months. If they are credible and made public they might help dispel a widespread view—that politicians are among the biggest beneficiaries of India’s black-money culture.

http://www.economist.com/news/finance-and-economics/21573979-banking-scandal-highlights-problem-black-money-india-evasive-action

The expose of ICICIBank and AXIS Bank blackmoney promotions:

http://www.cobrapost.com/index.php/news-detail?nid=103&cid=28

http://www.cobrapost.com/index.php/topics?cid=29

http://www.youtube.com/watch?feature=player_embedded&v=vsyOXFVRPTQ



http://www.youtube.com/watch?feature=player_embedded&v=PWsiDoATZVE

SUNDAY, JANUARY 13, 2013

13 January 2013

 MONDAY, JANUARY 14, 2013

TUESDAY, JANUARY 15, 2013

Sonianomics an ‘occult’ form of economics?

by FP Editors Mar 30, 2013

Instead of economics, are Congress president Sonia Gandhi‘s pet welfare schemes drawn from the occult?

In an Indian Express column that evaluates 15 years ofSonia Gandhi’s leadership, Chairman of Oxus Investments Surjit S Bhalla says that the Congress chief’s economic policies, which were aimed at helping the poor, but ended up hurting them the most, defy “pure reason” and dubs them “occult economics”.

Her policies have their origin in the creation of the Congress in 1885 by the Theosophical Society, an occultist movement, he says.

“Sonia UPA’s alchemy raised procurement prices of food grains beyond reason, helped a few rich farmers (say 20 million) and massively hurt ten times as many landless agricultural workers. And by generating super-inflation for four years, transformed the Indian economy beyond recognition,” says Bhalla.

Bhalla also analyses the economics of MGNREGA, a UPA pet scheme aimed at giving employment to the rural poor.

According to Bhalla, as per the NSS data of 2009-10, of the Rs 1,70,000 crore spent on MGNREGA, only a fifth reached the intended beneficiaries. In other words, about Rs 1,40,000 crore went to the non-poor. The scheme has helped nothing but corruption, says Bhalla.

Another example of ‘occult economics’ is the 2013-14 budget, in which the government aims at 13 percent GDP growth and 16 percent expenditure growth, which is to be financed with a 19 percent growth in tax revenue.

A third example of this brand of economics is the Food Security Bill, which is slated to be presented in the current Budget session of Parliament. The bill seeks to provide subsidised food grains to 67 percent of the country’s population.

According to a recent report in The Hindu, the bill would burden the government with a subsidy bill of about Rs 1.35 lakh crore.

Such economic policies have already halved the GDP growth, doubled inflation, depreciated the rupee by 20 percent and widened the current account deficit to 6.7 percent of GDP.

For the country to come out of the economic rot, Sonia has to change her occult spots by resorting to economic reforms, the Bhalla says. Otherwise, the Congress—and with it the country—will perish.

Read the complete column by Bhalla here.

Evaluating Sonia, the black box leader
Surjit S Bhalla Posted online: Sat Mar 23 2013, 03:43 hrs
Should Sonia Gandhi, ruler of the Congress party, be congratulated for finishing 15 years in Indian politics? It is not a sign of expertise if an heir becomes king. So why should it be different with her?
What does her political record look like? She formally assumed power in April 1998, but a year earlier (March 31, 1997 to be precise), the Congress party under her leadership (or the formal head Sitaram Kesri?) had withdrawn support to the United Front government. As the table shows, the Congress obtained the same seats as 1996, but 3 percentage points less votes than the P.V. Narasimha Rao 1996 election. The next year, after a full 18 months in power, Sonia’s Congress obtained the lowest seats ever, 114, but kept its vote share equal to the 1996 level.

The same story continues for the next two elections. In 2009, the vote share remained just a notch below the 1996 level, even though the Congress won 206 seats. Note that vote share is an important indicator of a political party’s popularity; the seat share an important indicator of coalition politics. Note also the joint vote share of the Congress and the BJP was the lowest in the coalition-era world, post 1984. Thus whatever the causes, it was not Sonia’s or the Congress popularity that led to its outsized win in 2009.

After the 2009 election, it was quite apparent that Sonia and the party were targeting 272 seats on their own. Given that the vote share had stayed broadly constant and below the 1996 level, this belief in the Congress’s invincibility is not suggestive of political prowess. Thus, the bottom line is quite straightforward — there is nothing in the record to suggest that Sonia has been a successful politician — except (and this is an important but), the vital fact that she is the glue that keeps the Congress together.

There is one other aspect of Sonia-politics that deserves emphasis. As is commonly believed, the strongest threat to the Congress’s popularity and continuation in power is the threat from the BJP’s Narendra Modi. The Congress and Sonia have recognised this threat for several years, which is why, in the 2007 state elections, Sonia coined the phrase “maut ka saudagar”, or merchant of death, to describe Modi’s alleged involvement in the 2002 Godhra riots. Despite losing the Gujarat election in an overwhelming fashion, the Congress has kept up the pressure on the BJP and Modi. Questions are asked by the press of Modi at every forum — why don’t you apologise for the Godhra killings, it happened under your watch as chief minister, so at least admit the responsibility, etc.

These are legitimate questions and suggest that civil society, the media and the middle class are to be applauded for demanding this minimum from our politicians. But why is this analogous demand not made from the Congress leadership and the Gandhi family that was in power at the time of the 1984 riots? In response to a question about the Sikh riots, and at an election rally on November 19, 1984, Sonia’s late husband and then prime minister Rajiv Gandhi stated that “When a big tree falls, the earth shakes”. Not exactly an apology. While some of Modi’s political colleagues have been arrested and convicted for their involvement in the Godhra riots, some of the alleged Congress officials were rewarded with cabinet posts in several Congress governments, including her own UPA rule.

Why is there not a parallel demand for apology from Sonia Gandhi and the Congress? If she wants to be remembered for her political acumen, then one would imagine that she would go out of her way to apologise — and that if she didn’t, the middle class press would hound her, just as it is justifiably hounding Modi. Perhaps one reason the public goes easy on Sonia is because a Congress Sikh leader, Manmohan Singh, has apologised for the Sikh riots. He did it at an appropriate place, Parliament, where he stated on August 12, 2005, “I have no hesitation in apologising to the Sikh community. I apologise not only to the Sikh community, but to the whole Indian nation because what took place in 1984 is the negation of the concept of nationhood enshrined in our Constitution.”

This was an apology in every sense of the term. That it came 21 years after the event is problematic, as is the fact that it was tendered by a Sikh. Morally and politically, it is important that Sonia Gandhi apologise. On the 1984 riots, this is the closest that she has come to apologising, again at an election rally on January 26, 1998: “There is no use recalling what we have collectively lost. No words can balm that pain. Consolation from others always somehow sounds hollow”.

We have the matter of an average vote-getting record. We have the matter of the lack of an apology for the Sikh riots. Add to it the fact that Sonia Gandhi behaves uniquely with regard to politics, unlike any other political leader in the world, and the media behaves just as uniquely. Consider the following. Why is it normal to question the integrity and worth of all members of the Nehru-Gandhi political family, including and especially her late husband Rajiv, but not politically correct to question Sonia? Every political leader has been pilloried in India, and in most democracies. Pilloried for being stupid, unfit to rule and worse; yet, such questions are not raised with regard to Sonia. Our free press can make mincemeat of even decent politicians (Manmohan Singh has been variously described as spineless, a night-watchman following orders, Mumble Singh and worse) and yet the press has never even demanded that the chairperson of the Congress for 15 years hold a press conference in a language of her choosing — English, Hindi or Italian.

Consider this: Sonia Gandhi has ruled over the largest democracy, over a billion people, for nine years, and has yet to hold a press conference. Does anyone have a clue about her views and/or thinking on any of the major issues facing the country? Is she just a black box leader?

The writer is chairman of Oxus Investments, an emerging market advisory firm, and a senior advisor to Blufin, a leading financial information company

http://www.indianexpress.com/news/evaluating-sonia-the-black-box-leader/1092032/

Message to Sonia: reform or perish
Surjit S Bhalla Posted online: Sat Mar 30 2013, 03:15 hrs
This is the second, and final, part of an evaluation of 15 years of Sonia Gandhi’s leadership of the Congress party. The first part appeared last week (‘Evaluating Sonia, the black box leader’, IE, March 23) and dealt with the political aspects — this article deals with her economic leadership.
As we all know, an economic disaster has struck India for the last three years. A halving of GDP growth, a doubling of inflation rates, a 20 per cent depreciation of the rupee, and record current account deficits (latest, 6.7 per cent of GDP) are reflective of the deep rot the Indian economy is in.

The economy numbers are exceptionally bad and worse than most other countries. What, or who, is responsible for making the impossible possible? For sure, it is the Congress-led UPA government. But who within the Congress party? On economic issues, most fingers will point towards the prime minister, Manmohan Singh, an economist of international repute, and joint father of the economic reforms introduced under the leadership of non-Nehru-Gandhi Congressman Narasimha Rao in 1991. But this would be wrong.

For too long we have been made to believe that, within the UPA, the political decisions were made by Sonia and the economic decisions by Singh. This was the UPA’s contribution to an “Indian” model of governance! Thankfully, and at long last, a major Congress leader, Digvijaya Singh, has exposed this myth. In a recent interview, he stated, “Personally, I feel this model hasn’t worked very well. Because, I personally feel there should not be two power centres and I think whoever is the PM must have the authority to function.” So we needn’t indulge in shadowboxing any more — Sonia’s own senior party officials (Digvijaya is also a mentor to Sonia’s son, Rahul Gandhi) admit that all decisions, political and economic, have Sonia Gandhi’s authoritative (authoritarian?) stamp.

In addition, there is substantial evidence that the economic decisions made by the UPA couldn’t possibly have been made by an economist, let alone an economist of as much repute as Manmohan Singh. As an economist qua economist, he recognised, more than 50 years ago, the role that exchange rates played in generating exports, and did so when the fashion in India, and most of the world, was one of export pessimism. As an economic policymaker, he was the finance minister who helped initiate, and implement, the largest change in mindset reforms India has ever seen.

I have challenged, in every forum possible, whether in the last nine years of UPA rule there has been a single positive economic policy that the UPA has initiated. The answer is No; the “best” answer received is that UPA 1, and definitely not UPA 2, did no harm. It is logically not possible that the UPA’s economic policies have any relationship to Manmohan Singh, the economist. If they do, then I am a Bharat Natyam dancer. So let’s stop the charade — Sonia has been, and is, the boss on both economic and political policies of UPA 1 and 2.

Actually, Sonia’s economic policies have their origin in the creation of the Congress in 1885. It was founded by members of the occultist movement “Theosophical Society”. What does occultism mean? Occult comes from the Latin word “occultus” which means “clandestine, hidden, secret”. According to Wikipedia, occultrefers to “knowledge of the paranormal as opposed to knowledge of science. for most practising occultists it is simply the study of a deeper spiritual reality that extends beyond pure reason” (emphasis added).

It is impossible to better describe Sonia’s economic policies. Only something that defies pure reason would have led Sonia to promulgate policies meant to help the poor but which ended by hurting them massively instead. Sonia UPA’s alchemy raised procurement prices of foodgrains beyond reason, helped a few rich farmers (say 20 million) and massively hurt ten times as many landless agricultural workers. And by generating super-inflation for four years, transformed the Indian economy beyond recognition.

Or take Sonia’s self-advertised policy of providing employment to the poorest of the poor — the MGNREGA programme of providing backbreaking work employment to the poorest of the poor. To date, about Rs 1,70,000 crore has been spent on this occult programme. According to the detailed NSS 2009-10 data, the poor received only a fifth of this money as wages. Which means that about Rs 1,40,000 crore went to the non-poor. This is not economics, not even occult economics, nor even voodoo economics. This is alchemy economics a la Sonia.

A defining characteristic of this beyond-reason Sonianomics is “in your face populism”. The huge fiscal deficits run by her government are near universally acknowledged (near because not acknowledged by the alchemists within the party) as responsible for the destruction of the Indian economy. So what does the latest UPA budget for 2013-14 do? It plans for 13 per cent GDP growth, 16 per cent higher expenditure growth, financed by 19 per cent tax revenue growth! This is meant to bring sanity into the fiscal deficit sphere?! Heard a better definition of occultism lately? Or take the announcement that the DMK is leaving the UPA. Sonia’s Titanic response — have the cabinet pass her second favourite occult policy, the Food Security Bill.

A summary sequential view of Sonianomics is as follows. First, the policies have to be do-gooder in nature. Second, they have to have heavy state involvement. The first two are necessary and sufficient to achieve the third objective — encouragement of corruption.

More corruption charges have been levelled against Sonia’s government than any in Indian history. Her late husband, Rajiv Gandhi, lost the elections in 1989 (after obtaining three-fourths of the seats in 1984) in large part because of his alleged association with the Bofors gun scam. The alleged bribe paid for that contract, Rs 64 crore, or $40 million at the then exchange rates. Even a conservative assessment of the cumulative corruption associated with Sonia’s mistaken, misguided, and misapplied flagship MGNREGA job scheme — her universally acknowledged baby — is at least half of the Rs 1,40,000 crore estimated above. That is $14 billion, or an amount equivalent to 350 times the Bofors amount. Note that this is corruption in MGNREGA alone. Coal, telecom, foodgrains policy — the list is just as endless as the decline in India’s fortunes.

So what is to be done, or what can Sonia Gandhi do to reverse hers and India’s misfortune? She can start changing her occult spots — now — so that, by the time of the elections, the economy, and the poor, recover somewhat from the depths.

Or she can observe the wheels of history. Recall that Annie Besant became president of the Congress party in 1917. If Sonia Gandhi does not change, then she risks the following obituary of the party she heads: “It took a white, European, socialist, woman to help create the Congress party — and it has taken a white, European, socialist, woman to destroy it more than a hundred years later.”

The writer is chairman of Oxus Investments, an emerging market advisory firm, and a senior advisor to Blufin, a leading financial information company

http://www.indianexpress.com/news/message-to-sonia-reform-or-perish/1094989/1

APR 01, 2013

SC Gives TN Time to Take Stand on Ram Sethu

The Supreme Court today granted two weeks' time to Tamil Nadu government to apprise it of its stand on the controversial Sethusamundram project after the Centre had said it intended to pursue its implementation.

"File your (Tamil Nadu) response affidavit within two weeks and give copies (of affidavit) to the Solicitor General and others at least two-three days before the filing. The pleadings in the case is almost complete," a bench of justices H L Dattu and J S Khehar said.

During the hearing, Janata Party President Subramanian Swamy, one of the petitioners, said now the court should decide the issue as the Centre had rejected the R K Pachauri Committee report that had found the entire Sethusamudram project unviable on two fronts – economically as ecologically.

The Centre, in its affidavit, had said it intended to go ahead with the Rs 25,000 crore Sethusamudram shipping channel project on the ground that it has economic, navigational and strategic advantages and moreover an expenditure of Rs 829.32 crore has already been incurred on it as on June 30, 2012.

The court had earlier asked the Centre to apprise it of its stand on the controversial project following the Pachauri Committee report.

The case relating to Ram Sethu had come under judicial scrutiny as a batch of petitions were filed in the apex court against the ambitious project, whose execution, the petitioners feared, could damage the mythological bridge.

Sethusamudram project is aimed at constructing a shorter navigational route around India's southern tip by breaching the Ram Sethu, said to have been built by Lord Rama's army of monkeys and bears to Ravana's kingdom Lanka.

As per the Sethusamudram project, the shipping channel is proposed to be 30 mt wide, 12 mt deep and 167 km long.

The Prime Minister had appointed the R K Pachauri Committee after the apex court had asked the government to explore an alternative alignment for the shipping channel to prevent any damage to the mythological bridge.

The committee, in its report, had raised questions on the alternative alignment after taking into account various aspects including its economic and ecological assessment.

It had said the entire Sethusamudram project was unviable economically as well as ecologically.

The court, on August 31, 2007, had restrained the Centre from damaging Ram Sethu while dredging for the Rs 25,000 crore project inaugurated in 2005.

Swamy, in his affidavit filed in response to the Centre's submissions made earlier on February 22, submitted that as per the March 2009 report of the National Institute of Oceanography (NIO), the Sethusamudram project cannot proceed and should be scrapped.

The NIO, which was asked by the Pachauri committee to examine the feasibility of the project, had concluded that the impact analysis data provided to it was "glaringly insufficient", he said in his affidavit.

He contended that the apex court while finally hearing the matter should not only consider the other documents and pleadings but also take into consideration reports of the NIO and the Pachauri committee.

Swamy has opposed the Centre's decision, to cut through the Rama Sethu to build a shipping channel, as illegal and ultra vires of the Constitution.

He submitted that if the project is implemented then various illegalities under civil, national and international laws will occur.

He also submitted that the decision of the Centre to cut through Rama Sethu to build the channel is "arbitrary, unreasonable and disproportional" and "it is vitiated by malafide, conflicts of interest and bias".

Swamy contended that the "project on facts is economically disastrous as well as a national security risk".

He said any damage to the Rama Sethu would hurt the religious feelings of Hindus as it is considered a sacred place of worship.

http://m.outlookindia.com/story.aspx?sid=1&aid=794178

MAIN POINTS MADE IN SUPREME COURT ON SSCP
In TC 26/27 of 2007 on 1.4.13


I. INTRODUCTION


1. My core submission is that SSCP is wholly illegal, arbitrary, unreasonable, economically unviable, lacks proportionality, and is violative of national security.


2. Thus, after a judicial review of the decision making process in selecting Alignment 6 for the SSCP, Your Lordships may be pleased to quash the said Project.


3. Furthermore, as prayed, enforce the performance of statutory duty by the UOI, to consider and declare the Rama Setu as a Monument of National Importance within the meaning of the Ancient Monument and Archeological Sites & Remains Act (1958).


4. This Hon’ble Court may also be pleased direct the Respondent UOI to recover the sunk costs since 2001 till date as a revenue measure, compounded at an appropriate rate of interest, from the public servants responsible for this malfeasance and reckless disregard of public interest, in the conception, and implementation of the said Project.


5. In this matter I had made these submission and accordingly argued the same before the First Bench of this Hon’ble Court both orally, as well in written arguments, before judgment was reserved on 30.7.08.


6. While reserving judgment, the Hon’ble First Bench had made an eminently constructive suggestion to the Respondent UOI, to consider an alternative ship channel route or “alignment” such as 4A, that does not cut through Rama Setu.


7. This alternative route ‘4A’ is for most parts the same as the impugned Alignment 6 in the SSCP, but differs only in the semi-circular turn near the Setu-- to the left of Dhanushkodi, and cutting through Pamban [Rameshwaram] island, instead of, as in Alignment 6, through the Rama Setu.


8. The Hon’ble First Bench obliged the Respondents by deciding to wait for the Respondent to convey their informed stand on the alternative Alignment 4A.


9. The judicial alternatives before this Hon’ble Court at that stage appeared to be: either cancellation of the SSCP or adoption by consent of another route, that does not cut through Rama Setu.


10. The Respondents thereafter informed the Hon’ble Court, both orally and by a letter, on 30.7.08, that a Committee headed by Dr. R. K. Pachauri, a Nobel Laureate, would be set up by the Prime Minister to consider this suggested alternative alignment.


11. After nearly 5 years, Dr. Pachauri Committee’s Report is now before this Hon’ble Court.


12. From the Summary of the Report dated February 2012 [especially Section 5.0 of Conclusions and Recommendation, pages 36-37] I submit that it becomes crystal clear that the high powered Pachauri Committee, after extensive investigation and generating of new data on site, holds that this Project is, for the reason of lack of environmental sustainability, not likely to be in the public interest.


13. From the time the project was first mooted in 1860 by the British Imperialists, i.e., more than a 150 years ago, till the findings of the Pachauri Committee in 2013, the SSCP has been abandoned 19 times [see my Rama Setu-A Symbol of National Unity, Haranand Publications Pvt Ltd (2008) p.17-19].


14. The last occasion for rejection of the project based on Alignment 5, was in April 1999. In IA No. 5 of 2008 [p.3 of the Documents Compilation] is reproduced a letter from the Ministry of Environment &Forests dated April 8, 1999 addressed to the Ministry of Surface Transport.


15. This letter shows that the Environment Ministry against going ahead with the project:


“Prima facie, the Ministry is not in favour of this Project as this Project has serious environmental implications with respect to Marine Park and the Biosphere Reserve located in that area………. Your Ministry has sought our comments on the Initial Environmental Report prepared by the NEERI. These are enclosed.


This Ministry is of the strong opinion that from the environmental angle this Project should not be taken at all [ref: ANNEXURE R-18, p. 1-3; COUNTER AFFIDAVIT VOL.VII; or IA 5 of 2008].


16. Thousands of years ago, Valmiki recorded in the Ramayana that when Lord Sri Rama took out his agnibahn to dry out the sea, in order to create a path to walk to Sri Lanka, the Samudra Raja emerged from the sea to inform the Lord of the environmental consequences.


17. The Lord of the Sea suggested instead to Sri Rama to use the ridge under the Gulf of Mannar and build on it the setu, which then the Lord Rama entrusted to Nala, the Vanar tribe architect.


18. Respondent UOI has so far failed to rebut my averment of multiple illegalities [IA No.5 , especially re:paras 6&7]. It is not denied that the SSCP Alignment No. 6 was approved by UOI on the following illegal basis:


[a] That SSCP is based on the preliminary study called the NEERI’s Rapid Environmental Impact Analysis of 1996 (REIA, or Rapid Analysis) as opposed to the mandatory requisite Comprehensive Analysis.


[b] This REIA was without the mandatory prior clearance on Tectonic and Cyclonic impact on the project. As is now obvious from the Pachauri Committee Report a Final Report based on a “Comprehensive Analysis” thus was never prepared for lack of data.


[c] The SSCP’s DPR and other studies are based on the tentative and stale data, without fresh investigation, and only that data which were available then, which is as old as 1996.


[d] The required and mandatory clearance for the Project from the Tamil Nadu Pollution Control Board was never obtained. The mandatory Tamil Nadu Government NOC had in fact been refused due to lack of adequate documentation since the environment clearance from NEERI was in fact based on the Interim EIA Report, not on the mandatory Final Comprehensive EIA.
[e] In fact, the then Chief Minister Ms. Jayalalitha publicly declared [see ANNEXURE P-5 hereto] that an expert committee appointed by her government, and headed by the former Director of the NIOT, Dr. M. Ravindran had, in a report submitted to the Tamil Nadu Pollution Control Board on May 30, 2005, recommended more studies, tests and research because the REIA report of the NEERI “has a number of deficiencies”.


[f] And yet the Respondents arbitrarily and unreasonably went ahead with the sanctioning and implementation of the Project without the mandatory required prior clearance from the Tamil Nadu Pollution Control Board.


[g] It is to be pointed out that even the NEERI in 1999 had declined to give environment clearance to Alignment No.5 because it would require the use of explosives to cut through the Rama Setu near Dhanushkodi that would be very damaging to the environment and sea life [ref: Initial Environment Examination (IEE) Report, NEERI, December 1998, and also Report of the Committee of Eminent Persons, Vol. I, para.6.3.2;p.70].



[g] It was only in October 2002 that Alignment No.6 was considered by an re-looked REIA, and not on the requisite Comprehensive EIA.


[h] In September 2003, the Draft Environmental Impact Assessment Report of NEERI (i.e. the Draft EIA) and not a Comprehensive EIA, for the first time recommended Alignment No.6 [The salient portion of the Report, is referred to in the counter-affidavit in para. 56].


[i] By May 2004 the EIA Report was ready; and by June 2004, so was the Technical Feasibility Report; and these were handed over to L&T Ramboll, which in February 2005, finalized the Detailed Project Report (DPR), in which Alignment No.6 is recommended (paras. 59, 60 and 61 of the counter-affidavit & pages 73-81 of DPR).


[j] In March 2005-May 2005, all other Clearances, including Approval of the Competent Authority, the CCEA, were granted; and the Project work was inaugurated on 2.7.2005.


[k] A 34-member expert advisory group [ref: ANNEXURE P-6Colly] set up by the government of Sri Lanka and which government has a locus standi in the SSCP due the UN Law of the Sea Treaty (1982) holds the same view about the shoddy environmental assessment. However the UOI committed an illegality by not obtaining concurrence of Sri Lanka for the project.


[l] The SSCP Alignment 6 is also fraught with illegality because cutting through the Rama Setu would attract Section 295 of the IPC as well as Article 49 of the Constitution.


[m] A plain reading of Section 295 IPC shows that it is a cognizable non-bailable criminal offence to break the Rama Setu.


[n] Even if Rama Setu is mythical or imaginaryor in disuse, if the belief is that the Setu is sacred [Annexure P-29], and believed by a sizable population, then that by itself is enough to invoke Section 295 of IPC. In Assam, Manjuli, and in Haryana, Brahma Sarovar [AIR 1995 P&H ]. See also (1991) 4 All ER 638; AIR 1958 SC 1032 [at 1035 para 7].
LACK OF ECONOMIC VIABILITY OF THE SSCP


19. On the question of economic viability, the Pachauri Committee states “…… In the Affidavit filed by the UOI dated February 22, 2013 this is noticed [para 3] but rejected on grounds of the Report of a Committee of Eminent Persons is relied on by UOI.


20. But this Committee in their Report admit that the statistics and assumptions on which the economic viability of the Project was sought to be proved, have to be re-worked.


21. In Chapter 8 of Volume I of the Committee’s Report [paras. 8.2.3 to 8.2.6; p.96-97], it is stated that: “While the DPR takes the savings in distance from Cape Comorin(sic)..ships coming from Europe, America, Africa etc, need not come to Cape Comorin for going around Sri Lanka. To that extent the savings in distance, particularly for non-coastal cargo, will be less.”


22. Reworking the numbers for one non-coastal route in tabular form, the Committee admitted that: “It is clear from this Table that there is hardly any saving for a ship coming via Port Louis(Mauritius) to the east coast ports (of India)”.


23. Moreover, the said Committee also conceded that: “The Consultants in DPR have taken Channel length as 152 km for calculation of savings in fuel and savings in time charters whereas, the actual Channel length in DPR is 167.22 km” [para.8.2.6, p.97]. And that: “The basis for estimating the escalation of 5% per annum in revenue and costs has not been spelt out. The Consultants have also made no mention of the social cost (of the Project)”[para.8.2.15].


24. This means that the Committee admits that the savings from the Project are over-stated because the numbers are either not genuine or arbitrary.


25. Appended herein is a complete tabular presentation of the re-worked cost-benefit analysis which shows that the Project will make a loss on every journey through the ship channel compared to going around Sri Lanka [ref: ANNEXURE P-6].


26. The economic calculations in the DPR are flawed in other ways too since no attempt was made to carry out social cost-benefit analysis.


27. It is blandly stated that about 8000 ships would avail of the Sethusamudram ship channel. But what is not explicitly stated is that only ships of less than 30,000 DWT can use the channel since lack of adequate depth will prevent passage of ship of higher tonnage.


28. This means not more than 500 ships would physically qualify to obtain safe passage through the channel. This overturns the financial returns calculations: from positive to negative. The said Committee also admits that no social cost-benefit analysis, which is mandatory for a public project, has been done.


29. Hence, it is apparent that the Project’s economic viability argument of the Respondents is based on contrived and arbitrarily selected statistics which misrepresent the true picture and hide the loss of public funds that is entailed in this Project.


30. It is well settled by case law [e.g., AIR 1996 SC 28, para 28; (2004) 4 SCC 71, para 30] that it is open this Hon’ble Court to review even the decision-maker’s evaluation of facts where the facts taken together as a whole could not logically warrant the conclusion of the decision-maker.


II. SACREDNESS OF RAMA SETU


31. In IA 6 of 2007, I had prayed that Rama Setu be declared an ancient and monument of national importance within the meaning of Sections 2 (a) & (b)(iv) and 4 of AM&AS and R Act 1958 [as amended upto 2010]:


32. In the sworn counter affidavit filed by the Learned ASG in the Hon’ble MHC, it was admitted by the UOI that Rama Setu is sacred and a place of worship for Hindu pilgrims. This was judicially noticed by the First Bench of the Hon’ble Madras High Court [ Paper Book p. 77 and 93-94].


33. In the written submission on behalf of the Union of India [UOI], the Learned Additional Solicitor had on September 14, 2007 assured this Hon’ble Court to honour the sentiments of the Hindus with regard to Lord Rama in the new counter affidavit that the Respondent UOI would subsequently file.


34. On that assurance, this Petitioner did not object then to the UOI withdrawing their earlier counter affidavit filed on September 10, 2007 which contained averments that hurt the religious and cultural sentiments of the people of India.


35. I may be permitted to bring to Your lordships’ notice that the Respondents have yet to comply with this Hon’ble Court’s direction on the question of designating the Rama Setu as an ancient monument under the AM&AR Act.


36. It has been held in a catena of cases, e.g., AIR1964SC 74 & 896 that failure to file an affidavit would mean an adverse inference against the Respondents.


37. The so-called Eminent Committee Report referred to by the UOI in their most recent affidavit [para 4] had by their own admission, no archeological data to come to any definite conclusion on this issue.


38. The Committee members moreover disgraced themselves by turning up at Karunanidh’s post-breakfast pre-lunch fast [to protest against the SC stay given on my Petition].


39. The Chairman of the Committee prostrated before the fasting Karunanidhi on a public platform thus destroying their impartiality.


40. Paras.79-83, 85, 86 of the so-called Committee on Eminent Persons contain specious arguments to debunk the finding of the Ramaswami Mudaliar Committee set up in 1956. That Committee had expressly recommended Alignment No.1 and had rejected the present adopted Alignment No.6 requiring cutting through the Rama Setu [ref: ANNEXURE R-4, in Vol.III p.22].


41. A plain reading shows that the Mudaliar Committee rejected the current Project Alignment 6, stating that the “idea of cutting a passage in the sea through Adam’s Bridge should be abandoned”, on the following grounds[paraphrased]:


first, difficult construction and exhorbitant maintenance costs;
second, the impossibility of protective works against navigational hazards for an under mid-sea furrow;
third, national security risks because this Alignment borders the Indo-Sri Lanka Medial Line. All three reasons have to be read together to understand the depth and weight of the Committee’s arguments against the Alignment.


42. The Respondent instead, relying on the Report of the so-called Committee of “Eminent” Persons, has chosen to caricature the findings, and dismiss it as if Mudaliar Committee’s Report is based on a superficial tourist view from Rameshwaram island at Dhanushkodi.


43. However, the Mudaliar Committee consisted of persons of widely acknowledged erudition, objectivity and stature. The Chairman Dr. A. Ramaswami Mudaliar was revered learned person in the shipping field, while the Committee Secretary Mr. R. A. Gopalaswami, ICS was respected for his vision of governance in government. Three Members of the Committee were persons who held high positions in government. Captain J.R. Davies was in fact Nautical Adviser to the Government of India.


44. The Report is replete with details of costing, scheduling and sources of data. Hence, the Mudaliar Committee reasons for rejecting Alignment 6 stand unrebutted by the Respondent.


45. The so-called Committee of Eminent Persons on this important matter has stated as follows:
“ 10.10. Upon a review of the archaeological investigations done in India so far[emphasis added], the Committee notes that no archaeological studies have been undertaken in the Rama Sethu/Adam’s Bridge area. As yet [emphasis added], no evidence pertaining to archaeological remains of any man-made structures are known from this are known from this area”

46. However, the clear direction of the Madras High Court contained in the Order of June 19, 2007 was as follows:
“ The Ministry of Culture and Tourism is directed to file a counter affidavit explaining [emphasis added] whether any study has been undertaken by the archaeological or any other concerned department in respect of the Adam’s Bridge/Rama Sethu and whether the said bridge can be regarded as a national monument within the meaning of the 1958 Act.”[ref: APPLICATION TO VACATE THE INTERIM ORDER, para.15;p.30].


Such an updated study could be revealing and reverse the current view on the mythical status of the Rama Setu. For decades, for example, the Sarasvati River referred to repeatedly in the Vedas, was derided as “mythical” by some scholars, but in 1982 scientists of the Ministry of Space led by Prof. Yash Pal established with the then new technology of satellite photo-imaging that Sarasvati River did exist and is now flowing underground. Similiarly, Dwarka city of Bhagwan Sri Krishna was dismissed as a figment of Hindu imagination, till 1994 when Dr. S.R. Rao, then Director General of the Archaeological Survey of India of the Ministry of Culture, led a team under the Gujarat coastal sea for six years, and established its existence. It is relevant to point out that Dr. Rao has written in 2007 a letter to the Minister of Shipping to ensure that the Rama Setu is protected and declared as an ancient monument and world heritage site[ ref: ANNEXURE P-7 Colly]. Hence, given the materials already at hand with the Respondents, with a further study meeting international norms of investigation and standards of research, the Rama Setu may be established as constructed and a cherished heritage.


This attempt to mislead cannot be termed as out of ignorance since Document No. NIOT/C-1046/TPT-Sethu/VBC-BH/Final Report of the National Institute of Ocean Technology, Chennai [NIOT] of the Union Ministry of Earth Sciences, UOI, under the charge of the Prime Minister[ref: ANNEXURE P-8 ], was prepared by a team of the NIOT led by the former Director of the GSI, Dr. S. Badrinarayanan, and submitted in February 2005. This Report was prepared by the NIOT on the request from the Sethusamudram Ship Channel Project.

39. The Respondent has failed to provide these documents to the Petitioner despite a formal Application by him for Discovery, despite a solemn assurance before this Hon’ble Court by the Learned ASG as counsel of UOI on September 14, 2007 that all such documents would be made available to him.

40. Hence, as of September 14, 2005 and before filing the present Counter Affidavit by the Respondent, the Respondents were aware of the existence of this Document cited above.

41. The Document has however been now obtained by the Petitioner through an application under the Right to Information Act made to the Ministry of Earth Sciences. It was also made available earlier in April 2007 by the said Ministry to the President of India on a reference following the representation made by the H.H. Jagadguru Shankaracharya of Puri Math, Swami Nischalananda Sarasvati [ref: ANNEXURE P-9].

42. Based on these materials, it is clear that NIOT Project Coordinator Dr. Badrinarayanan had opined and which opinion was communicated to the President of India[ref: ANNEXURE P-8, op.cit.] that the geological studies by the Team conducted do appear to point as follows:

“These things appear to point these coral rock pieces and pebbles have been transported and placed in these areas.”[emphasis added].
“Since the calcareous sand stones and Corals are less dense than normal hard rock and quite compact, probably these were used by the ancients to form a connecting link to Sri Lanka, on the higher elevations of the Adams bridge ridge and this is analogous to modern causeway.” [emphasis added].
This same NIOT in April 2005 submitted another report based on fresh boring of six holes just offshore in Rameshwaram island.

While confirming Dr. Badrinarayanan’s findings that corals rocks appeared between sand layers, the Committee blandly concluded that:

“Hence the claim of man-made origin in the article by Dr. Badrinarayanan[2007] is purely an assumption without any scientific validity”[ref: Report of the Committee of Eminent Persons on the Sethusamudram Ship Channel Project, Vol I, Chapter 5, p.45].
There is however no reference by the Committee to the earlier study in 2003 carried out by the very same Geological Survey of India in a more extensive investigation but coming to the opposite conclusion that because coral rocks and reefs do not grow naturally on sand beds therefore these rocks must have been transported and put where the Rama Setu formation exists.

Moreover, three now retired Directors of the GSI, Gopalkrishnan, Badrinarayanan, and Subramanian had submitted a jointly authored detailed research paper to the so-called Committee of Eminent Persons, in which they have stated that there are scientific evidences to indicate that the Rama Setu is an ancient constructed causeway. But this paper has not been evaluated.

Ethics of fact-finding demand that Dr. Badrinarayanan et al ought to have been invited to depose before the Committee, and be confronted with the bland assertions of the new NIOT investigations [2005] for his considered opinion. This failure or lapse is a reflection of bias.
43.Other Union Government agencies have also opined the same view of the constructed nature of the Rama Setu causeway bridge. In 2006, the Ministry of Space under the charge of the Prime Minister through its department, viz., National Remote Sensing Agency has in 2006 has published Images India, a book of photographs of India’s prominent geographical sites taken by INSAT and IRS satellites, with captions. This book was laid formally on the Table of Lok Sabha and Rajya Sabha by the Prime Minister, and distributed free to all MPs. On page 40-41, is the photo spread captioned “Adam’s Bridge—A Bridge With The Past”. Below this caption are three paragraphs extracted below as follows:
“Satellite images have revealed an ancient bridge between India and Sri Lanka in the Palk Strait…….Its structure suggests that it may be man-made. This has an echo in the ancient Indian mythological epic, the Ramayana…….Studies are still on but the bridge is seen as an example of ancient history linked to the Indian mythology”[ref: ANNEXURE P-10 ].

44. Even if the Setu was not constructed or ‘man-made’ but a natural formation, it is of no consequence for the Setu to be declared as an ancient monument. In the June 19, 2007 Order of the First Bench, the Hon’ble Madras High Court had rejected the Respondents reliance on the now obviously poorly researched view that the Rama Setu is not “man-made”, and hence not worthy of being recognized as an ancient monument in law but in fact fit for destruction and desecration to furrow out a ship channel.

The Hon’ble First Bench of MHC pertinently pointed out that from the “definitions given in the 1958 Act it would be apparent that an ‘ancient monument’ has been given a very wide meaning. It would mean to be any monument which is very old having historic past of record. It can also be a stone, a post, a river etc.”.

45. Indeed, the Respondent UOI has recently re-written to the UNESCO re: Manjuli island which is situated in the midst of the Brahmaputra river flowing through Assam, near Jorhat, seeking that it be declared a world heritage site for certain reasons of belief[ref: ANNEXURE P-11 Colly] and size. The Rama Setu eminently qualifies by those very criteria.

46. In AIR 1958 SC 1032 at para. 7; p.1035, this Hon’ble Court held:

“Any object however trivial or destitute of real value in itself, if regarded as sacred by any class of persons would come within the meaning of the penal section” [ i.e., Section 295 IPC which penalizes any destruction, damage or defilement of any object held as sacred by any class of persons as an insult to their religion].

47. This Hon’ble Court further held in that matter that:
“ Courts have to be very circumspect in such matters, and to pay due regard to the feelings and religious emotions of different classes of persons with different beliefs, irrespective of the consideration whether or not they share those beliefs, or whether they are rational or otherwise, in the opinion of the court”.

48. The ruling coalition of parties which directs the Respondent UOI in this matter is also in office in the State of Tamil Nadu. The DMK till recently of this coalition in the State prides itself on a being a party of atheists, and it derides Hindu religion at every opportunity. However, in Special Leave Petition (Civil) No.11686 of 2007 on the ‘Jallikattu’ matter, the DMK led State Government, then as Respondent represented by the Chief Secretary of the Government of Tamil Nadu, had stated in the counter affidavit that “strict implementation of the [Hon’ble Court’s] order[banning Jallikattu observance] would invite major law and order problems”[para.9], and “that Religion and Jallikattu are interwoven…”[para.11]. Furthermore, it is argued that “The Tamils, in most of the villages, are worried that non-celebration of the event could invite punishment from the local God” [para.6]. And hence a grave danger to public order!!

49. If the imagined wrath of a local God on public order can concern the Respondents to move this Hon’ble Court to review an earlier order, then there can be no substance in the Respondents’ averment in this instant Rama Setu matter that “The Union of India is of the belief that it should not be called upon to respond to issues of faith, except in recognizing their existence”.[ref: COUNTER AFFIDAVIT para.88;p.59]. In fact, on the contrary, the earlier counter affidavit of the Respondent UOI had to be withdrawn when remarks of the non-existence of Sri Rama in the text led to great public indignation and protests. Most prominent and respected Hindu religious leaders came out of their religious seminaries and strongly objected. Hence, by doing or not doing, the Respondents could put public order at risk. Hence the Respondents in this instant case of Rama Setu must respond appropriately to issues of faith when such matters arise from government policy. This has been the practice in the past

In the famous Shah Bano case, the Union of India was not called upon by this Hon’ble Court to respond to issue of faith in amending personal law of Muslims. Yet a Bill was enacted into law by the Parliament to in effect nullify this Hon’ble Court’s earlier judgment.
In the Delhi Metro Rail AIIMS-Qutab Minar Corridor construction, the Union of India intervened after an issue of faith was raised against the Corridor alignment by some Islamic NGOs. They contended that the overhead alignment proposed in the Detailed Project Report of the Rs.2358 crore project could threaten the Qutab Minar and some en route tombs by the vibrations of the Metro Rail service, and hence wanted the Alignment changed. The Union of India then directed the Delhi Metro Rail Corporation to change the Alignment despite the project’s work being in full swing. At an additional cost of Rs 400 crores, the Corporation changed the chosen Alignment to meet the demands of faith [ref: ANNEXURE P-12 ] and re-worked a new underground Alignment.

50. In this instant Rama Setu desecration matter, besides it being violative of Article 49 of the Constitution, the statutory provisions of the Ancient Monuments and Archaeological Sites & Remains Act(1958), and the Indian Penal Code]Section 295], the demolition or damaging of the Rama Setu will have cataclysmic and profound consequences for the secular and public order of Indian society. It is well settled by case laws that this Hon’ble Court may then intervene in such cases to judicially review the decision-making process so as not to allow injury to the public because of dereliction of constitutional and statutory obligations and duties on part of the Respondent.
51. Moreover, what to do, or not to do, so as to promote economic development while respecting issues of faith is a very important question that impinges importantly on Constitutional law and that requires urgent judicial determination by a Constitutional Bench of this Hon’ble Court. In the United States, the Religious Freedom Restoration Act[RFRA] holds that the Federal government may not “substantially burden a person’s exercise of religion” in pursuing economic interests. On March 12, 2007, the three judge bench of the 9th US Circuit Court of Appeals, in a celebrated case set aside the clearance granted to an Arizona State ski resort vide the Final Environmental Impact Statement under the National Environment Policy Act. The ski resort’s plan, as cleared, was for use of treated sewage effluent of a small tourist destination city called Flagstaff, to make artificial snow and spread it on the slopes of a mountain held sacred by native American tribes. The case pitted 13 native American tribes such as Navajos, Apaches etc., who claimed hurt to their religious beliefs versus local economic interests of skiing tourism. The Court unanimously held that the clearance violated the RFRA and hence should cancelled.

52. Given the national and global developments of the last two decades, government must know how to harmonise fairly the needs of rapid modern economic growth with nurturing a renaissance in our ancient faith, a faith which is deeply held and is a way of life, nurtured within the Basic Structure of our Constitutional framework so that followers of no faith feel themselves under a siege. This harmonization is a requirement of good governance and gives content to genuine secularism. Thus this is an important question that is expected to arise frequently in the future, with India on a fast economic growth path in a globalised framework but with a deeply religious people. This question hence requires to be answered now by a definitive and defining judgment of this Hon’ble Court. At present, contrary to the averment of the Respondent [ref: Counter Affidavit para. 88 p. 59], the union and state governments are indeed espousing the cause of some religions. The argument of the Tamil Nadu State government in the aforesaid Jallikattu issue [para.43 above] goes well beyond, as well as contradicts, the Respondent’s averments that a “secular state cannot espouse the cause of any religion, faith or belief” and that the “Union of India is of the belief that it should not be called upon to respond to issues of faith, except in recognizing their existence.”[Ibid]. The Rs. 400 crore subsidy annually for Muslims travel to Mecca for Haj; the underwriting of the costs of travel for Christians of Andhra Pradesh to Bethlehem in Israel; and the Union Cabinet’s recent decision [March 20, 2008] to underwrite the costs totaling about Rs.180 crores for developing the Anandpur Sahib and Talwandi Sabo in Punjab; and The Hindu Religious Endowments and Charitable Trusts Acts are other examples that contradict these averments and also point to the haphazard and ad hoc approach of the UOI.

This Petitioner does not object to the principle of positive promotion by the State of any religion, an accepted practice in our society for centuries. The peace, harmony, and freedom from organized persecution which followers of the Zoroastrian and Jewish faiths have enjoyed in this country, has received praise worldwide. What the Petitioner however contends is that it is not fair or constitutional for the State to promote of the cause of any religion on an ad hoc basis, but he submits that what is required is a well thought policy that is fair and just within the Basic Structure of the Constitution of India. The present ad hocism is arbitrary, unreasonable, and discriminatory.

53. It is established, and admitted by the Respondents that a structure, that is natural or constructed, and widely known for very long as Rama Setu, does exist but that its origins and nature have admittedly not been investigated yet by the Respondent despite overwhelming prima facie evidence that the Rama Setu is a constructed causeway that fits the description given in Valmiki’s Ramayana. There was thus enough material before the Respondents to, at the very minimum, carry out a thorough archaeological investigation that met the norms of investigation which are internationally accepted. There is also an obligation devolving on the Respondents to comply with the June 19, 2007 Madras High Court direction to the Respondent Ministry of Culture to file a counter affidavit explaining “whether the said bridge can be regarded as a national monument within the meaning of the 1958 Act”. If indeed the Rama Setu qualifies to be such a monument or archaeological site, then it would be illegal to dredge through or damage it. The Project would then be ultra vires. Therefore the admission of failure by the Respondent to carry out such an archaeological investigation is Wednesbury unreasonable and perverse. It is also vitiated by bias of the Respondent against Sri Rama and the Ramayana.

54. The so-called Eminent Persons Committee while acknowledging the said court order [ref: Report, Vol. I Chapter 9 para. 11] regrettably obfuscated the issue when in fact it ought to have called renowned experts from relevant fields and heard them. Instead, the said Committee recommends that “all archaeological and related materials recovered from the Rama Sethu/Adams Bridge should be displayed in a museum-cum-cultural centre to be developed at Rameshwaram.” [para.13, ibid].

There is room therefore to infer that the Committee was pushing a particular pre-determined point of view and there is room for apprehension that the said committee was informally mandated to do so. The selection of the Committee members, the exclusion of experts in fields which are relevant for the inquiry and for which purpose the Committee was set up at public expense, exhibit prima facie a bias and malafide intention on part of the Respondent.

55. All ten members of this so-called Committee of Eminent Persons are biased by a conflict of interest criterion, or have or have had contractual commercial obligations with the Project, or have for long held known positions which debunk the historicity of Sri Rama or Ramayana, or exhibited bias in some other concrete way.

56.The Committee Chairman Dr. Ramachandran, appeared at a protest fast by the leader of the DMK, Mr. M. Karunanidhi, which fast was organized against this Hon’ble Court’s injunction order passed on August 31, 2007 against any dredging that damages or destructs the Rama Setu [ref: ANNEXURE P-13]. He proceeded to garland and prostrate before the DMK leader, who is a strong proponent for breaking the Rama Setu allegedly for the sake of the Project or for some other fancied atheist endeavour, and who is a person given to making scurrilous remarks in public about Bhagwan Sri Rama. Such appearance and action completely vitiates the objectivity and credibility of the Committee itself.

57. Dr. Ramachandran is also a member of the SSCP Environment Monitoring Committee set up by the Respondent since 2004 when the Project was sanctioned and receives TA&DA for its meetings. In 2007 he organized a seminar to debunk the critics of the Project and issued a Press Statement to “confirm that Adam’s Bridge is purely of barrier islands formed due to natural process” He also added that: “This dynamic feature will disappear in the event of severe cyclonic storms and also due to future sea level rise due to global warming”[ref: ANNEXURE P-14].

58. Dr. Sakthivel, Dr. J.R.B. Alfred, and Prof. D. K. Biswas are also members of the SSCP Environment Monitoring Committee, while Dr. S.R. Wate is a senior official of the NEERI which has contractual obligations with the Project. Professors R.S. Sharma and P. Jagadeesan are said to be historians but have published volumes on debunking the historicity of Sri Rama and the Ramayana. The latter was appointed to the State Planning Commission by the DMK government. Mr. R. K. Jain IAS is Member--Secretary of the Committee, and as MD of the Indian Ports Association liaises for the Minister of Shipping in Chennai. The IPA is accountable to the Ministry of Shipping.

59. As is evident, at least 8 of the 10 members to the Committee cannot be termed as independent. They are persons who would defend the Respondent’s decision. The so-called Committee of Eminent Persons although constituted by the Respondent to inform the Respondent, thus does not inspire confidence or credibility.

Moreover, it was expected that such a committee would inform with facts and research to assist the Respondent to comply with the said two directions of the Madras High Court. Instead the so-called Committee of Eminent Persons has failed to explain “whether the said bridge can be regarded as a national monument within the meaning of the 1958 Act” [First direction; ref: Respondent’s Application I.A. 1/2007; p.31]. It has merely noted that “no archaeological studies have been undertaken in the Rama Sethu/Adam’s Bridge area. As yet, no evidence pertaining to archaeological remains of any man-made structures are known from this area.” [Report Vol. I, para 10.10, p.116]. This Committee also was of no help to the Respondent for complying with the High Court’s second direction “to explain as to whether the said project can be implemented without affecting the Adams Bridge/Rama Sethu by resorting to some other routes discussed and deliberated upon by the previous committees”.[op.cit. p.31]. The Committee baldly states that “The Ministry of Environment and Forests has given environment clearance for alignment no.6 only” [Report Vol.I, para.10.5, p.115]. However, there have been repeated suggestion in previous committees that besides alternative of alignments, there is also need to consider alternative of projects that will achieve the same goals as the Project herein. For example, while considering the SSCP, ab initio, the meeting of the Committee of the PIB under the chairmanship of the Secretary, Ministry of Finance, held on 3.1.2000, has recorded in the minutes that the Adviser of the Planning Commission “desired to know the assessment that has been made regarding the movement of traffic through alternative means, i.e., Railways or Expressways. He asked as to whether some preliminary study has been made as to which mode of transport would be the least cost option.” [Counter Affidavit, ref: ANNEXURE R-1/19; p.11]. This is a crucial issue of Proportionality, that is, an administrative decision must not choose a more drastic alternative than is necessary for attaining the desired objective. Hence alternatives to sea alignments such as rail or highways for moving freight and passengers from Tuticorin to Kolkatta without having to go around Sri Lanka, ought to have been considered by the so-called Committee of Eminent Persons and the Respondent, especially since there is this Hon’ble Court’s direction of July 17, 2007 to comply with the Madras High Court direction to determine if there are alternatives to a channel that that would break the Rama Setu. But this search was arbitrarily and entirely left out of consideration in the decision-making process. Such a serious lapse by the said Committee and the Respondents is a dereliction of duty as prescribed in the Terms of Reference set for the Committee.
The Committee’s Report moreover contains inferences that are not supported by the data or studies that were available to the Committee. Further, it is inexplicable that none of the members of the Committee were nominated from the fields of economics, national security, marine archaeology, geology, or international law of the seas and yet a Report was prepared by the said committee inform the Respondent on these issues.

59. In any event, without prejudice to the Petitioner’s aforesaid objections, the Petitioner appeared before the Committee and gave all his objections both procedural and substantive. Appended hereto as ANNEXURE P-15 are copies of the Petitioner’s correspondence with the Committee.
60. Rama Setu is a place of worship and faith and, as pointed out in paragraphs above, this reality has been admitted by the Respondents. The present Tamil Nadu government that is headed by Mr. M. Karunanidhi, recognizing the commercial value of this reality, has advertised for tourists to visit the State by displaying on railway train compartments, hoardings of a colour painting of the Rama Setu under construction, with Rama and Lakshmana standing on the Dhanushkodi tip to supervise, with a caption that states: “The waters here still carry the blessings of Lord Rama’s lotus feet. Because this where the monkey army crossed over to Lanka to rescue Sita. Visit Rameshwaram in Tamil Nadu” [ref: ANNEXURE P-16].

61. As the said Order of the Madras High Court points out, it is moreover irrelevant whether Rama Setu is man-made or God-made for deciding if the Setu should be declared an ancient monument. What is also important to recognize is that the religious sensibilities and feelings of nearly a billion persons of Hindu faith and those of other religious persuasions who respect the sanctity of faith, cannot be disregarded in a narrow pursuit of the Project claiming to advance economic development on economic calculations based on dubious and even bogus numbers, disregarding less drastic alternatives, and such projected development can never be sustainable for a stable secular society.

Hence, the Respondents decision to select Alignment No. 6 and thus to implement the Sethusamudram Ship Channel Project is arbitrary, unreasonable, perverse, malafide and illegal. Moreover, to hold the Project now a fait accompli as the Respondent claims, and hence beyond judicial review, merely because a considerable investment of public money has already been expended on the Project, is irrational and legally wrong. As this Hon’ble Court has held in Intellectuals Forum v State of A.P. [(2006)3 SCC 549 at 578-79, paras. 88,93], court decisions cannot be based solely upon the investments committed by any party. In several cases cited therein, this Hon’ble Court has ordered demolition of already built structures and restoration of status quo ex ante despite crores of rupees had been spent already on those development projects.

62. On the facts, admissions, and in the circumstances stated in above paragraphs, therefore this Hon’ble Court may be pleased to issue a Writ of Mandamus as prayed in the Writ Petition No.18223 of 2007 in the Madras High Court and now before this Hon’ble Court as T.C.(Civil) 26 of 2007, directing the Respondent to declare the Rama Setu as an Ancient Monument of National Importance within the meaning of the aforesaid provisions of law, and scrap the Project altogether if the Respondent cannot implement the Project’s aims without affecting the Rama Setu, and pass such further orders as this Hon’ble Court may deem fit and proper in the circumstance of the case, and thus render justice.
Report on the Geological and Geotechnical assessment of the subsea strata for the proposed Sethusamudram Channel Project Doc No.NIOT/C-1046/ETT-Sethu-VBC-B4 dated 14 Feb 2005” prepared under Dr. S. Badrinarayan Director(retired) of the Geological Survey of India and formerly coordinator Survey Division of the National Institute of Ocean Technology (NIOT), Ministry of Earth Science.Pallikkaranai,Chennai.

1. The contents of the aforesaid Report are known to the Petitioner through an interview given by Dr. Badrinarayan extracts of which are reproduced on pages 25-27 of the Petitioner’s Typeset of papers of W.P. No.18223-18224 of 2007.

As is evident from the content of pages 25-27, the exact complete content of the aforesaid Report ,is an important documentation for the Petitioner’s thesis that there is scientific evidence available that the Rama Sethu is not purely a natural formation.
QUASHING OF THE SSCP


47. In my Affidavit in Reply filed in March 2008 to the counter-affidavit dated February 29, 2008, I have prayed that the SSCP be quashed because the decision making process leading to the choice of Alignment No.6, is fatally flawed not only on plain illegality, but also on environmental and economic viability grounds, and is arbitrary, unreasonable, malafide, lack of proportionality, besides being ultra vires the Constitution, and therefore is to be quashed [See Written Arguments dated 7 & 8.5.08, 30/7/08, and 14.10.08].

The argument advanced by the UOI in its affidavit dated February 22, 2013 [in para. 4] that in view of the reason that the Union Government had already incurred Rs. 829.32 crores as on June 30, 2012, the SSCP must be validated as a fait accompli, is ridiculous [(2006) 3 SCC 549 in paras 88 and 93.]

Fresh excavations to start at largest Harappan site
Neha Madaan, TNN Mar 3, 2013, 02.00AM IST

PUNE: After a gap of 13 years, excavation work will start once again at Rakhigarhi, estimated to be the largest Harappan civilization site located in Hisar district of Haryana. This early Harappan settlement, considered bigger than Mohenjo-daro, was listed among the 10 most endangered heritage sites in Asia just last year by the Global Heritage Fund, which is, incidentally, partnering with city-based Deccan College Postgraduate and Research Institute that will start fresh excavations at Rakhigarhi this year.

The college has been working on the site since 2006 and conducted a survey using ground penetration radar (GPR), which uses electromagnetic radiation to image up to 20 metres of the subsurface. The survey revealed that the site was spread over 400 hectares, dispelling doubts about it being the largest Harappan site. "So far, archaeologists thought that Rakhigarhi was the third largest Harappan site in the subcontinent, after Harappa and Mohenjo-daro. However, a preliminary survey of the site revealed that it is spread over 400 hectares, and is bigger than Mohenjo-daro, which is located in Sindh, Pakistan, and is spread over an area of 300 hectares," said Vasant Shinde, senior archaeologist and joint director at the Deccan College Postgraduate and Research Institute.

The survey also found visible mounds in the area. "Some places were dug and we found that the habitation debris is spread over an area of 400 hectare. We also identified areas where crafts were manufactured, apart from identifying different activity areas," said Shinde.

The site is located at the confluence of ancient rivers Saraswati and Drishadvati, which have been mentioned in the Rigveda. "These rivers went dry at some stage and thus, we will also study when they went dry and the factors that contributed to it. The Saraswati region was important as nearly two-thirds of the known Harappan sites were located in this basin," he said.

The variations in the Harappan culture across various regions, such as differences in locations, town orientation, burial customs and painted ceramics will also be studied. Deccan College will be carrying out this work along with the Indian Trust for Rural Heritage and Development (ITRHD), New Delhi, the Archaeological Survey of India, which incidentally carried out excavations here from 1997-2000 and also the Global Heritage Fund.

Deccan College's initiative would not be limited to excavation alone. Setting up of a museum to preserve the finds and developing the site as a tourist attraction are also on the anvil. "The site is very close to the heart of the village and there have been instances of encroachment on it. Excavation work will help in preserving the site. In addition, since the site is only 130 km from Delhi and is well-connected, it can be developed as a tourist attraction. The remains excavated can be preserved. In addition, they could be preserved in a way that tourists can walk through a veritable Harappan city," said Shinde, adding that preservation of the site is now paramount.

Encroachments and reported thefts of artifacts from the site have been a serious concern among archaeologists. And for this reason, Shinde said they have proposed archaeological as well as community development work for Rakhigarhi village. "The villagers have been supporting us in this endeavor, especially since the excavation work will stop the encroachments here," he added.

Archaeological sites have been identified in this village to study the process of development of Harappan cities and towns, as the development has been gradual and did not happen overnight. "This site is an ideal candidate to study the development of the Harappan culture, as it dates between 4000 BC and 1500 BC. The development of Harappan culture goes back to an early era--from 4000 BC to 2500 BC. It is after this phase that the Harappan civilisation experienced transformation into its urban phase," said Shinde.

Training camps here for students from across the globe will also be conducted, where in they would be provided with practical training on how to excavate sites and preserve the finds.

http://articles.timesofindia.indiatimes.com/2013-03-03/pune/37409907_1_harappan-fresh-excavations-heritage-sites

March 30, 2013
State-Wrecked: The Corruption of Capitalism in America
By DAVID A. STOCKMAN
GREENWICH, Conn.

Indebtednesss dwarfs the economy

Chart showws tghe total credit market of the United States --- all debtt, whether owed by government, companies or individuals -- as a percent of GDP.
At the end of last year, it was about 355%.
In the 100 years before 1980, the tota credit market averaged 160% of GDP.
Sources: Federal Reserve; David A. Stockman (calculations for 1880-1980).
A gallery of 'heroes' who championed sound money and fiscal rectitude and 'villains' who led the United States down the path of insolvency. (Multimedia)

The Dow Jones and Standard & Poor’s 500 indexes reached record highs on Thursday, having completely erased the losses since the stock market’s last peak, in 2007. But instead of cheering, we should be very afraid.

Over the last 13 years, the stock market has twice crashed and touched off a recession: American households lost $5 trillion in the 2000 dot-com bust and more than $7 trillion in the 2007 housing crash. Sooner or later — within a few years, I predict — this latest Wall Street bubble, inflated by an egregious flood of phony money from the Federal Reserve rather than real economic gains, will explode, too.

Since the S.&P. 500 first reached its current level, in March 2000, the mad money printers at the Federal Reserve have expanded their balance sheet sixfold (to $3.2 trillion from $500 billion). Yet during that stretch, economic output has grown by an average of 1.7 percent a year (the slowest since the Civil War); real business investment has crawled forward at only 0.8 percent per year; and the payroll job count has crept up at a negligible 0.1 percent annually. Real median family income growth has dropped 8 percent, and the number of full-time middle class jobs, 6 percent. The real net worth of the “bottom” 90 percent has dropped by one-fourth. The number of food stamp and disability aid recipients has more than doubled, to 59 million, about one in five Americans.

So the Main Street economy is failing while Washington is piling a soaring debt burden on our descendants, unable to rein in either the warfare state or the welfare state or raise the taxes needed to pay the nation’s bills. By default, the Fed has resorted to a radical, uncharted spree of money printing. But the flood of liquidity, instead of spurring banks to lend and corporations to spend, has stayed trapped in the canyons of Wall Street, where it is inflating yet another unsustainable bubble.

When it bursts, there will be no new round of bailouts like the ones the banks got in 2008. Instead, America will descend into an era of zero-sum austerity and virulent political conflict, extinguishing even today’s feeble remnants of economic growth.

THIS dyspeptic prospect results from the fact that we are now state-wrecked. With only brief interruptions, we’ve had eight decades of increasingly frenetic fiscal and monetary policy activism intended to counter the cyclical bumps and grinds of the free market and its purported tendency to underproduce jobs and economic output. The toll has been heavy.

As the federal government and its central-bank sidekick, the Fed, have groped for one goal after another — smoothing out the business cycle, minimizing inflation and unemployment at the same time, rolling out a giant social insurance blanket, promoting homeownership, subsidizing medical care, propping up old industries (agriculture, automobiles) and fostering new ones (“clean” energy, biotechnology) and, above all, bailing out Wall Street — they have now succumbed to overload, overreach and outside capture by powerful interests. The modern Keynesian state is broke, paralyzed and mired in empty ritual incantations about stimulating “demand,” even as it fosters a mutant crony capitalism that periodically lavishes the top 1 percent with speculative windfalls.

The culprits are bipartisan, though you’d never guess that from the blather that passes for political discourse these days. The state-wreck originated in 1933, when Franklin D. Roosevelt opted for fiat money (currency not fundamentally backed by gold), economic nationalism and capitalist cartels in agriculture and industry.

Under the exigencies of World War II (which did far more to end the Depression than the New Deal did), the state got hugely bloated, but remarkably, the bloat was put into brief remission during a midcentury golden era of sound money and fiscal rectitude with Dwight D. Eisenhower in the White House and William McChesney Martin Jr. at the Fed.

Then came Lyndon B. Johnson’s “guns and butter” excesses, which were intensified over one perfidious weekend at Camp David, Md., in 1971, when Richard M. Nixon essentially defaulted on the nation’s debt obligations by finally ending the convertibility of gold to the dollar. That one act — arguably a sin graver than Watergate — meant the end of national financial discipline and the start of a four-decade spree during which we have lived high on the hog, running a cumulative $8 trillion current-account deficit. In effect, America underwent an internal leveraged buyout, raising our ratio of total debt (public and private) to economic output to about 3.6 from its historic level of about 1.6. Hence the $30 trillion in excess debt (more than half the total debt, $56 trillion) that hangs over the American economy today.

This explosion of borrowing was the stepchild of the floating-money contraption deposited in the Nixon White House by Milton Friedman, the supposed hero of free-market economics who in fact sowed the seed for a never-ending expansion of the money supply. The Fed, which celebrates its centenary this year, fueled a roaring inflation in goods and commodities during the 1970s that was brought under control only by the iron resolve of Paul A. Volcker, its chairman from 1979 to 1987.

Under his successor, the lapsed hero Alan Greenspan, the Fed dropped Friedman’s penurious rules for monetary expansion, keeping interest rates too low for too long and flooding Wall Street with freshly minted cash. What became known as the “Greenspan put” — the implicit assumption that the Fed would step in if asset prices dropped, as they did after the 1987 stock-market crash — was reinforced by the Fed’s unforgivable 1998 bailout of the hedge fund Long-Term Capital Management.

That Mr. Greenspan’s loose monetary policies didn’t set off inflation was only because domestic prices for goods and labor were crushed by the huge flow of imports from the factories of Asia. By offshoring America’s tradable-goods sector, the Fed kept the Consumer Price Index contained, but also permitted the excess liquidity to foster a roaring inflation in financial assets. Mr. Greenspan’s pandering incited the greatest equity boom in history, with the stock market rising fivefold between the 1987 crash and the 2000 dot-com bust.

Soon Americans stopped saving and consumed everything they earned and all they could borrow. The Asians, burned by their own 1997 financial crisis, were happy to oblige us. They — China and Japan above all — accumulated huge dollar reserves, transforming their central banks into a string of monetary roach motels where sovereign debt goes in but never comes out. We’ve been living on borrowed time — and spending Asians’ borrowed dimes.

This dynamic reinforced the Reaganite shibboleth that “deficits don’t matter” and the fact that nearly $5 trillion of the nation’s $12 trillion in “publicly held” debt is actually sequestered in the vaults of central banks. The destruction of fiscal rectitude under Ronald Reagan — one reason I resigned as his budget chief in 1985 — was the greatest of his many dramatic acts. It created a template for the Republicans’ utter abandonment of the balanced-budget policies of Calvin Coolidge and allowed George W. Bush to dive into the deep end, bankrupting the nation through two misbegotten and unfinanced wars, a giant expansion of Medicare and a tax-cutting spree for the wealthy that turned K Street lobbyists into the de facto office of national tax policy. In effect, the G.O.P. embraced Keynesianism — for the wealthy.

The explosion of the housing market, abetted by phony credit ratings, securitization shenanigans and willful malpractice by mortgage lenders, originators and brokers, has been well documented. Less known is the balance-sheet explosion among the top 10 Wall Street banks during the eight years ending in 2008. Though their tiny sliver of equity capital hardly grew, their dependence on unstable “hot money” soared as the regulatory harness the Glass-Steagall Act had wisely imposed during the Depression was totally dismantled.

Within weeks of the Lehman Brothers bankruptcy in September 2008, Washington, with Wall Street’s gun to its head, propped up the remnants of this financial mess in a panic-stricken melee of bailouts and money-printing that is the single most shameful chapter in American financial history.

There was never a remote threat of a Great Depression 2.0 or of a financial nuclear winter, contrary to the dire warnings of Ben S. Bernanke, the Fed chairman since 2006. The Great Fear — manifested by the stock market plunge when the House voted down the TARP bailout before caving and passing it — was purely another Wall Street concoction. Had President Bush and his Goldman Sachs adviser (a k a Treasury Secretary) Henry M. Paulson Jr. stood firm, the crisis would have burned out on its own and meted out to speculators the losses they so richly deserved. The Main Street banking system was never in serious jeopardy, ATMs were not going dark and the money market industry was not imploding.

Instead, the White House, Congress and the Fed, under Mr. Bush and then President Obama, made a series of desperate, reckless maneuvers that were not only unnecessary but ruinous. The auto bailouts, for example, simply shifted jobs around — particularly to the aging, electorally vital Rust Belt — rather than saving them. The “green energy” component of Mr. Obama’s stimulus was mainly a nearly $1 billion giveaway to crony capitalists, like the venture capitalist John Doerr and the self-proclaimed outer-space visionary Elon Musk, to make new toys for the affluent.

Less than 5 percent of the $800 billion Obama stimulus went to the truly needy for food stamps, earned-income tax credits and other forms of poverty relief. The preponderant share ended up in money dumps to state and local governments, pork-barrel infrastructure projects, business tax loopholes and indiscriminate middle-class tax cuts. The Democratic Keynesians, as intellectually bankrupt as their Republican counterparts (though less hypocritical), had no solution beyond handing out borrowed money to consumers, hoping they would buy a lawn mower, a flat-screen TV or, at least, dinner at Red Lobster.

But even Mr. Obama’s hopelessly glib policies could not match the audacity of the Fed, which dropped interest rates to zero and then digitally printed new money at the astounding rate of $600 million per hour. Fast-money speculators have been “purchasing” giant piles of Treasury debt and mortgage-backed securities, almost entirely by using short-term overnight money borrowed at essentially zero cost, thanks to the Fed. Uncle Ben has lined their pockets.

If and when the Fed — which now promises to get unemployment below 6.5 percent as long as inflation doesn’t exceed 2.5 percent — even hints at shrinking its balance sheet, it will elicit a tidal wave of sell orders, because even a modest drop in bond prices would destroy the arbitrageurs’ profits. Notwithstanding Mr. Bernanke’s assurances about eventually, gradually making a smooth exit, the Fed is domiciled in a monetary prison of its own making.

While the Fed fiddles, Congress burns. Self-titled fiscal hawks like Paul D. Ryan, the chairman of the House Budget Committee, are terrified of telling the truth: that the 10-year deficit is actually $15 trillion to $20 trillion, far larger than the Congressional Budget Office’s estimate of $7 trillion. Its latest forecast, which imagines 16.4 million new jobs in the next decade, compared with only 2.5 million in the last 10 years, is only one of the more extreme examples of Washington’s delusions.

Even a supposedly “bold” measure — linking the cost-of-living adjustment for Social Security payments to a different kind of inflation index — would save just $200 billion over a decade, amounting to hardly 1 percent of the problem. Mr. Ryan’s latest budget shamelessly gives Social Security and Medicare a 10-year pass, notwithstanding that a fair portion of their nearly $19 trillion cost over that decade would go to the affluent elderly. At the same time, his proposal for draconian 30 percent cuts over a decade on the $7 trillion safety net — Medicaid, food stamps and the earned-income tax credit — is another front in the G.O.P.’s war against the 99 percent.

Without any changes, over the next decade or so, the gross federal debt, now nearly $17 trillion, will hurtle toward $30 trillion and soar to 150 percent of gross domestic product from around 105 percent today. Since our constitutional stasis rules out any prospect of a “grand bargain,” the nation’s fiscal collapse will play out incrementally, like a Greek/Cypriot tragedy, in carefully choreographed crises over debt ceilings, continuing resolutions and temporary budgetary patches.

The future is bleak. The greatest construction boom in recorded history — China’s money dump on infrastructure over the last 15 years — is slowing. Brazil, India, Russia, Turkey, South Africa and all the other growing middle-income nations cannot make up for the shortfall in demand. The American machinery of monetary and fiscal stimulus has reached its limits. Japan is sinking into old-age bankruptcy and Europe into welfare-state senescence. The new rulers enthroned in Beijing last year know that after two decades of wild lending, speculation and building, even they will face a day of reckoning, too.

THE state-wreck ahead is a far cry from the “Great Moderation” proclaimed in 2004 by Mr. Bernanke, who predicted that prosperity would be everlasting because the Fed had tamed the business cycle and, as late as March 2007, testified that the impact of the subprime meltdown “seems likely to be contained.” Instead of moderation, what’s at hand is a Great Deformation, arising from a rogue central bank that has abetted the Wall Street casino, crucified savers on a cross of zero interest rates and fueled a global commodity bubble that erodes Main Street living standards through rising food and energy prices — a form of inflation that the Fed fecklessly disregards in calculating inflation.

These policies have brought America to an end-stage metastasis. The way out would be so radical it can’t happen. It would necessitate a sweeping divorce of the state and the market economy. It would require a renunciation of crony capitalism and its first cousin: Keynesian economics in all its forms. The state would need to get out of the business of imperial hubris, economic uplift and social insurance and shift its focus to managing and financing an effective, affordable, means-tested safety net.

All this would require drastic deflation of the realm of politics and the abolition of incumbency itself, because the machinery of the state and the machinery of re-election have become conterminous. Prying them apart would entail sweeping constitutional surgery: amendments to give the president and members of Congress a single six-year term, with no re-election; providing 100 percent public financing for candidates; strictly limiting the duration of campaigns (say, to eight weeks); and prohibiting, for life, lobbying by anyone who has been on a legislative or executive payroll. It would also require overturning Citizens United and mandating that Congress pass a balanced budget, or face an automatic sequester of spending.

It would also require purging the corrosive financialization that has turned the economy into a giant casino since the 1970s. This would mean putting the great Wall Street banks out in the cold to compete as at-risk free enterprises, without access to cheap Fed loans or deposit insurance. Banks would be able to take deposits and make commercial loans, but be banned from trading, underwriting and money management in all its forms.

It would require, finally, benching the Fed’s central planners, and restoring the central bank’s original mission: to provide liquidity in times of crisis but never to buy government debt or try to micromanage the economy. Getting the Fed out of the financial markets is the only way to put free markets and genuine wealth creation back into capitalism.

That, of course, will never happen because there are trillions of dollars of assets, from Shanghai skyscrapers to Fortune 1000 stocks to the latest housing market “recovery,” artificially propped up by the Fed’s interest-rate repression. The United States is broke — fiscally, morally, intellectually — and the Fed has incited a global currency war (Japan just signed up, the Brazilians and Chinese are angry, and the German-dominated euro zone is crumbling) that will soon overwhelm it. When the latest bubble pops, there will be nothing to stop the collapse. If this sounds like advice to get out of the markets and hide out in cash, it is.

David A. Stockman is a former Republican congressman from Michigan, President Ronald Reagan’s budget director from 1981 to 1985 and the author, most recently, of “The Great Deformation: The Corruption of Capitalism in America.”

http://www.nytimes.com/2013/03/31/opinion/sunday/sundown-in-america.html?nl=todaysheadlines&emc=edit_th_20130331&_r=1&pagewanted=all&&pagewanted=print

CBI, income tax team starts examining Radia tapes

New Delhi, Apr 3 (PTI) A six-member CBI and Income Tax team has
begun its work of examining over 5800 tapes of tapped conversation
of corporate lobbyist Niira Radia with politicians, corporate honchos
and others.

The team, headed by a Deputy Inspector General-rank officer, has
started the process of going through the tapes and its transcripts
running into 49 volumes last week as per the directions of Supreme
Court in February this year, official sources said here.

An apex court bench comprising justices G S Singhvi and S J
Mukhopadhaya, while directing formation of the team on February 22,
had given four months for it to submit its report.

The team would be scrutinising the tapes to ascertain if there were
any elements of "criminality" in them. It would be limited to those
conversations which pertain to criminal element and relating to interest
of justice.

Few tapes, which found its way to media houses, triggered a political
storm as some of the conversations showed the nature of corporate
lobbying and its purported impact on politics.

The income tax department has placed transcripts of 5,800 tapped
telephone conversations in sealed envelopes. They were recorded as
part of surveillance of Radia's phone on a complaint to Finance Minister
on November 16, 2007 alleging that within a span of nine years she
had built up a business empire worth over Rs 300 crore.

The IT department had recorded 180 days of Radia's conversations
- first from August 20, 2008 for 60 days and then from October 19
for another 60 days.

Later, on May 11, 2009, her phone was again put on surveillance
for another 60 days following a fresh order given on May 8.

GLOBAL INQUIRY CONFIRMS SETHU PLAN DISASTROUS

Thursday, 04 April 2013 | Kumar Chellappan | CHENNAI

DMK chief M Karunanidhi’s dream project, the Sethusamudram Shipping Channel Project, is set to hit international headlines, for all the wrong reasons.

In what could be a major embarrassment to the UPA Government, a high-level team of marine scientists, environmentalists, geologists and marine engineers, appointed by Sri Lankan President Mahinda Rajapaksa, has found that the Sethusamudram Shipping Channel Project (SSCP) is detrimental to the maritime and environmental resources of the island nation.

The experts were shocked to learn that India, which swears by Panchsheel principles and firmly believes in non-interference in the affairs of other countries, has blatantly violated all global norms like the International Law of Seas and MARPOL Convention, in conceiving the project.

In a report submitted to the Sri Lankan Government, the high-powered team has expressed dismay that though the 167-km long channel lies close to the International Maritime Boundary Line (IMBL) between India and Sri Lanka, the Indian Government has not taken into account the environmental and maritime impact the project could have on Sri Lanka.

As per the International Law of Seas accepted by the United Nations in 1968, India should have sought the concurrence of Sri Lanka before launching the project.

“The Sethusamudram Channel lies close to the IMBL between India and Sri Lanka. Both countries should get the concurrence of each other for any construction activities which fall near the IMBL. India has violated this age-old practice and Sri Lanka will definitely take up this issue,” a source close to the Sri Lankan Government told The Pioneer.

He said Sri Lankan leaders, irrespective of party affiliations, were upset over the indifference shown by the UPA Government towards the island nation while taking up the SSCP.

“You can expect a strongly worded statement by the Sri Lankan Government any time now. The Sethusamudram Project in all likelihood will end up in the United Nations,”said the source.

The MARPOL Convention (International Convention for the Prevention of Pollution from ships) is a marine environmental convention designed to minimize pollution of the seas including dumping, oil spillage and exhaust pollution.

It was formed on October 2, 1983 (as a mark of respect to Mahatma Gandhi) and as of December 2005, 136 countries, representing 98 per cent of the world’s shipping tonnage, are parties to the Convention. It has been accepted all over the world that the Gulf of Mannar as well as the Palk Bay are ecological hot spots and nothing should be done to disturb their present status.

The scientific team appointed by Sri Lanka found that the initial dredging, infinite maintenance dredging and subsequent shipping through the channel would be disastrous to Sri Lanka.

Ariyaratne Hewage, secretary, Sri Lankan Education Ministry, was the chairman of the committee while Professor Shantha Hennayake, a geologist of international repute and deputy vice-chancellor of the University of Peradeniya, was the vice-chairman .

The recommendations submitted by the committee to the Sri Lankan Government (a copy of the executive summary is with The Pioneer) has noted that though the region through which the channel is being built was an ecologically and environmentally fragile area, no action has been taken by the Indian Government to minimize the environmental and maritime impact it could have on Sri Lanka.

Sri Lankan experts have noted that the studies, primarily the project document and the Environmental Impact Analysis (EIA) study carried out by India, prior to the commencement of the SSCP, are inadequate for a number of reasons. “These studies have not identified and evaluated the full extent of the impact. The channel design has not been optimized for minimum impact. The most pressing concern for Sri Lanka is that none of the Indian studies have proposed any mitigation measures for the impact occurring on Sri Lanka,” Prof Hennayake told The Pioneer over telephone from Colombo.

He said Sri Lanka has nothing against India building any channels or canals, as long as they do not disturb the ecological and environmental balance of the region.

“However, this is a project which is detrimental to both India and Sri Lanka. Any dredging work along the placid waters of the Palk Bay is a sure recipe to environmental disaster.

“Strangely, India confined the study of the environmental and ecological impact of the project to their side and forgot the existence of Sri Lanka. This is saddening,” he said.

The experts have warned that the marine wealth (especially fish) in the region would be destroyed permanently with the commissioning of the SSCP.

“The Gulf of Mannar and the Palk Bay, lying between the two countries, are unique, biologically rich areas linking two large marine ecosystems. This stretch of the sea is a rich source of all types of fish. Unless we accurately forecast and adequately mitigate the impact of the dredging of the channel this could destroy this sensitive and fragile marine ecosystem located between the two countries. It would also impact the fishing communities on the northern and north-western coast of Sri Lanka as they mainly fish in the potential area of impact on the Sri Lankan side of the channel,” said the recommendations submitted by the expert committee.

What the committee left unsaid is that the majority of those who will be robbed of their livelihoods will be Tamil fishermen who constitute the majority of the population in the two regions.

The study found that modelling studies were also inadequate. “Modelling needs to be backed by better field data to reach levels of accuracy required to satisfy the requirement of such a major undertaking. Increase in volumetric water exchange across Adam’s Bridge due to the canal and its impact on the ecology of the region has not been studied,” said the report.

The SSCP received negative attention globally in 2010 when Stjepan Mesic, then President of Croatia, expressed concern over the UPA Government’s move to demolish the Ram Sethu for constructing the channel. Mesic had told Swami Maheshwarananda Paramhans, a Yoga guru, that he would ask the UNESCO to declare the Ram Sethu as a World Heritage site.

http://www.dailypioneer.com/todays-newspaper/global-inquiry-confirms-sethu-plan-disastrous.html

POINTS MADE IN EVM SLP No.13735 of 2012
In the Supreme Court on January 22, 2013

Subramanian Swamy—Petitioner in Person

1. Your Lordships. The Hon’ble Delhi High Court while disposing off my Writ Petition [para 25-27, on p. 21-22 of the SLP] had wanted the EC to address the issue of tamperability [p. 22, para 26].

2. The issue of tamperability is crucial because at present, in an election dispute alleging vote fraud the same EVMs is re-run.

3. An analysis of the past election results show that on an average of 165 Lok Sabha seats are won or lost by a mere 10, 000 votes in an average voting population per constituency of 15 lakh voters.

4. There are about 1500 EVMs per constituency, and each EVM records up to a 1000 votes.

5. Hence, for vote verifiability, either we use only safeguarded EVMs which will require as per IT Act [2000] Section 12 a voter verifiable receipt, or return to the ballot papers system as in now the current international practice in established democratic countries.

6. The secrecy of the vote can be further safeguarded by requiring that the printed voter received be deposited in a ballot box before exiting the booth.

7. Some fundamental facts why present EVMs are insecure:

[a] the Indian EVM is not indigenously produced, because its crucial parts such as the EVM brain: the microcontroller, is manufactured by foreign companies, thereby raising security issues as the Hon’ble High Court had pointed out (p.50-53 at 52)

[b] the attempt by the ECIL and BEL to obtain a WIPO Patent for EVMs failed due to their inability to meet the conditions for being awarded the patent, and their Applications filed in 2002 were withdrawn in 2006 (p.55-56). IA No. of 2010

[c] Recently Germany, Netherlands and Ireland gave up EVMs on direction of their Courts (p.80-154). Ireland just gave up EVMs despite a heavy cost sunk in the necessary infrastructure. In fact, USA, UK, most democratic countries of Europe etc., use paper ballots. France requires voter verifiable receipts in its EVMs. Even Japan from which we buy the crucial microcontroller for EVMs refuses to consider the EVMs for Japanese elections.

[d] Finally, in any case the EVMs cannot handle more than 64 candidates. In a not so long ago Andhra byelections, 64+ candidates filed their nominations. Ballot papers had to be ordered.

Important Points of Law

1. Transparency, not efficiency, is a constitutional right under Article 324, and a statutory right under Sections 11-12 of the IT Act. See also German Supreme Court held [p.80 at 144-54]. Germany now has returned to ballot papers.

2. Section 61 A of the RPA 1951 permits the use of EVMs. EVMs come under the purview of IT Act because of Sections 2 (r) and (t), r/w Objects and Reasons for the Act.

3. Sections 11 and 12 of the IT Act therefore require that every voter, if he or she wants, must receive an acknowledgement receipt.

4. Contrary to the claim made by the ECI, the plenary powers u/A 324 of the Constitution given to the ECI in the conduct of elections, is not unfettered. The scope of the plenary powers of the ECI under Art 324 is limited to space unoccupied by statutes [(1983) SCR 74 at para 25].

5. In fact, following this judgment [para 38], the ECI had to amend the RPA w.e.f 15.3.89 to insert Section 61A to enable the use of EVMs [Vol I p. 55].

6. Nor does the ECI have unfettered right to make “policy” decisions to go electronic if it is against the Constitutional principle of transparency, or is otherwise arbitrary, unreasonable or malafide [(2011) 7 SCC 639 at 670-71, para 36].

7. I submit that the ECI is duty bound by the statutes to use EVMs if and only if it can provide a receipt for every vote cast. Otherwise, we must return to ballot papers.

8. I submit, that if at all EVMs are to be used, a voter verifiable receipt is a constitutional and statutory requirement for the Election Commission under Article 324 read with Sections 11 and 12 of the Information Technology Act.

9. The Hon’ble High Court did not accept that submission but gave no indication as to why not [p.22, para 25]. The Hon’ble Division Bench disposed off the prayer in a non-speaking order.

10. I humbly submit this non-speaking statement or opinion requires re-consideration in view of the clear Parliament intention that receipt must be given.

11. Had it been otherwise, the EVMs deployment would have been placed by Parliament in the exempted category in the Schedule of the Act.

12. The Act instead was enacted to safeguard use of electronic machines and data processing equipment in governance, which includes the use in elections.


PRAYER

8. Direct by Writ of Mandamus that either the ECI use safeguarded EVMs or return to the ballot papers system as in now the current international practice in established democratic countries.

9. The secrecy of the vote can be safeguarded by requiring that the printed voter received be deposited in a ballot box before exiting the booth.

Raja Ravi Varma's painting of conversation between Sri Rama and Samudra Raja before embarking on construction of Setubandha, a landmark episode in Valmiki Ramayana.

This is a tribute to Kumar Chellappan, Sr. Correspondent of The Pioneer who has brought out this brilliant piece of investigative journalism drawing attention of Hon'ble SC and Govt. of Indiia to Sri Lanka's view of the Sethusamudram Shipping Channel Project. Setusamudram hey kaarasthaan (a Marathi word which means: conspiratorial place!)

Ramasetu is world treasure, an extraordinary monument of human endeavour to protect dharma and now there is increasing recognition of an area of study called sacred ecology. The memory of Sri Rama exemplified by Ramasetu is a sacred, abiding memory.

A responsible government should be responsive to India's vital interests in safeguarding and promoting neighbourly relations with Sri Lanka. India has to take the lead to constitute an Indian Ocean Community with Setubandha, Ramasetu as the connecting link among the regional nations along the Indian Ocean Rim.

Kalyanaraman

From: Prof. Shantha Hennayake
Date: Mon, Apr 1, 2013 at 10:08 PM
Subject: Re: SETHUSAMUDARM
To: Kumar Chellappan

Dear Kumar,

I was the Deputy Chairman of the Sri Lanka Cabinet Appointed Expert Committee to study the SSCP and to prepare a report for the government.

Annex below is the Executive Summary of the Report.

The full report is published by Vijitha Yapa Publishers in Sri Lanka.

Regards

Executive Summary

Introduction

This executive summary provides Sri Lanka’s concerns over the SSCP and proposes several recommendations to remedy these concerns. These concerns and recommendations came from the Sri Lankan scientists who served in the Sri Lanka expert group appointed by the Government of Sri Lanka.

Sri Lankan Expert Group has noted that the shallow sea through which SSCP is proposed is a unique and sensitive ecosystem and that India has already commenced the dredging of the SSCP in the Palk Bay area.

Overall Concerns

Although the SSCP is located entirely within the Indian side of the international maritime boundary (only a kilometer away), the impacts of the SSCP are not likely to remain within the Indian side of the boundary. Thus the primary concern for Sri Lanka is that the initial dredging activities and indefinite maintenance dredging and subsequent shipping through the channel could have negative impact on Sri Lanka’s maritime environment and resources. Sri Lankan concerns have become even more significant as only insufficient attention has been paid to minimize impacts on the environment and resources on both sides of the maritime boundary.

Sri Lankan experts have noted that the studies, primarily the project document and EIA study, carried out by the Indians prior to the commencement of SSCP are inadequate for a number of reasons. Firstly these studies have not identified and evaluated the full extent of the impacts. More importantly it became clear, that the channel design has not been optimized to for minimum impacts. The most pressing conern for Sri Lanka is that none of the Indian Studies have proposed any mitigation measured for impacts occurring on the Sri Lanka.

Concerns relating to Modelling

Sri Lanka has several concerns relating to the modelling studies carried out by India on the proposed SSCP. Firstly, modelling needs to be backed by better field data to reach levels of accuracy required to satisfy requirement (and quell public disquiet) of such a major undertaking. Secondly, it need to be emphasized that significant increase in volumetric water exchange across Adams bridge due to canal and its impact on ecology of the region has not been studied via Advection dispersion modelling. Sri Lankan modeling studies has proven that there is a significant volumetric exchange of water across the Adams Bridge. Thirdly, Sri Lanka also observed that quantification of maintenance dredging is incomplete. Fourthly, we found that dispersal of fine sediments during dredging has not yet been studied. Fifthly, the absence of a working mathematiccal model prevents any refinements or developments to be examined scientifically. Sixthly, the modeling studies have not taken into consideration the environmental impacts and the mitigatory measures. Sri Lanka believes that Indian modeling studies may have underestimated the impacts and the nature and types of impact of SSCP.

Concerns relating Environment and Fishery Resources

The primary concern of Sri Lanka relating to environment and fishery resources is that the Indian studies have not taken into consideration single environmental impacts on the Sri Lankan side of the International boundary. This is most important as the Gulf of Mannar and Palk Bay lying between the two countries is a unique biologically rich area linking two “Large Marine Ecosystems” and this stretch of the sea is a rich source of all types of fishery resources.

It must be stated that unless we accurately forecast and adequately mitigate impacts of the dredging of the canal could eventually destroy this sensitive and fragile marine ecosystem located between the two countries. Livelihoods of northern and north-western coastal fishing communities in Sri Lanka are mainly dependent on the fishing in the potential impact area on the Sri Lanka side of the Channel. Sri Lanka is also concerned about the lack of clarity on who will compensate for the environmental costs accruing to the poorest sectors of society in northern Sri Lanka due to potential impacts of the SSCP.

The concerns of Sri Lanka revolve around the following major issues.

· Protecting its endangered species

· Protecting its fishery resource
· Protecting its coastal and marine ecosystem diversity
· Protecting the well-being, health and livelihoods of her coastal communities
· Ecosystem integrity of the seas around the island and
· Immediate and long term ecological stability.

Concerns relating to Operations

Sri Lanka is also concerned about the insufficient attention that has been paid to the potential impacts that might occur during the operational period of the SSCP. The primary among them is the prevention of oil spills and formulating contingency plan to deal with accidents. We also insist that attention has to be paid to the detection of slow pollution by leakages and discharges of sewage, bilge and ballast water, oils etc. Lack of clarity on financing of mitigation measures and environmental management plans is also a major concern of Sri Lanka. Sri Lanka likes to emphasize there that it should invariably be involved in the preparation of such an oil spill contingency plan in keeping with the MARPOL convention. The Lack of a Comprehensive Joint Monitoring Mechanism between India and Sri Lanka is also a major concern of Sri Lanka.

Basis for Recommendations

The above concerns have led Sri Lanka to propose a series of recommendations. The recommendations have also taken the following facts into consideration.

· SSCP is located entirely within Indian side of the international boundary.
· The impacts of the SSCP however will affect both sides of the international boundary.
· Indian studies have not taken into account the impacts on the environment and livelihoods of Sri Lankans.
· Dredging of the SSCP has already commenced.
· There is no joint mechanism between the two countries to monitor/review the impacts of the SSCP and to mitigate impacts.


Recommendations on Modeling

Sri Lanka proposed two main recommendations relating to modeling.

1. Collaborative Mathematical modelling between Indian and Sri Lanka authorities will be extremely beneficial in assessing and monitoring the environmental impacts.


2. Sri Lanka has initiated field measuring programme including Directional wave, current etc in the area at the moment which should be used in such modeling.

Recommendations on Environment and Fishery Resources


Sri Lanka proposes the following set of recommendation in relation to environment and fishery resources.


1. Cooperative and continuous monitoring of environmental parameters on the project area on either side of the international maritime boundary during construction and operational periods.

2. Establish a collaborative arrangement to assess the impacts and effectiveness of mitigation measures.

3. Carry out a joint assessment of biodiversity and fishery resources in the region.

4. Carry out a joint assessment of livelihoods dependant on marine resources.

5. Formulate a compensation mechanism for affected communities in Sri Lanka.

Recommendations on Navigational Emergencies


Sri Lanka proposes the following recommendations to be implemented primarily during the operational period.

1. Draw a plan to ensure vessels that cause pollution and oil spillage are identified and necessary compensation mechanisms are established. Sri Lanka should invariably be involved in the preparation of such an oil spill contingency plan in compliance with the MARPOL and other international conventions.

2. Workout modalities to meet the cost of marine pollution and other navigational emergencies.

3. Prepare a joint action plan to deal with potential oil spillages.

Overall Recommendations


Based on the specific recommendations above, Sri Lanka proposes the following overall recommendations for consideration by Indian delegation.

1. Share information on existing studies and collaborate in further studies and assessments.

2. Share monitoring parameters and results and establish a common data base.

3. Establishment and implementation of a joint Environmental Management Plan for Impact Assessment and Monitoring of the project area.

Sri Lanka hope that if these recommendation are implemented both India and Sri Lanka would be immensely benefited by mitigating any adverse environmental impacts of SSCP.



Prof. Shantha K. Hennayake

Deputy Vice-Chancellor

University of Peradeniya

Peradeniya

Sri Lanka



Telephone Office: 081-238-9140/081-239-2304

Telephone Home: 081-238-7204

Mobile: 077-784-0640

Fax: 081-238-9140

Email shanthahennayakeATgmail.com; skhenna1ATsltnet.lk ; dvcATpdn.ac.lk

Skype prof.hennayake



On Mon, Apr 1, 2013 at 2:46 PM, Kumar Chellappan wrote:

Dear Professor,

Namastay. I am Kumar, a journalist working with The Pioneer, a leading newspaper published from New Delhi, India (www.dailypioneer.com).

I am based in Chennai and focus on news from Tamil Nadu.

Recently, I came across a news report about SETHUSAMUDRAM SHIPPING CHANNEL PROJECT which mentioned that a team of leading scientists and technical experts from Sri Lanka which studied the impact of the SSCP on environment has come to the conclusion that this project is not vuiable,environmentally and ecologically for both India and Sri Lanka. Since the mail I received was brief nad is yet to be published in India, I thought of writing a news item about the same. I picked up your email id from the internet.
Sir,

Please tell me the details of the findings of the scientific committee which studied the impact of the SSCP and your conclusion.. Since I do not have much scientific background, I need only details which could be comprehended by an average reader. I would like to know whether the govt of India had sought the concurrence of the Sri Lankan govt for launching the project as stipulated by the UN Laws on Sea.

Regards

Kumar

Indus Writing in ancient Near East: Corpora and a dictionary [Paperback 572 pages]

S. Kalyanaraman
Book Description ISBN-13: 978-0982897188
Publication Date: April 3, 2013
Based on corpora of Indus writing and a dictionary, the book validates Aristotle’s insight on writing systems. Indus writing is composed using symbols of spoken words. The symbols are hieroglyphs of meluhha (mleccha) words spoken by artisans recording the repertoire of stone, mineral and metal workers. The writing results in a set of catalogs of metalworking of bronze age. Evidence of this competence in metallurgy which evolved from 4th millennium BCE of bronze age, is provided in corpora of metalware catalogs and a dictionary of melluhha (mleccha). Indus writing was a principal tool of economic administration for account-keeping by artisan and trader guilds and did not record literature or, history. Some sacred ideas and historical links across interaction areas between India and ancient Near East, may be inferred from the writing.
http://tinyurl.com/cbl3ob5
Table of contents

Hieroglyphic method 7

4th millennium Indus writing pre-dates all known writing
9

Arsenical bronze and tin bronze 10

Tabernae montana as a hieroglyph 16

A seal made in Susa with Indus writing 23

Harappan control over the Oman Sea 34

Tepe yahya 50

Gulf type seals 51

Seals from failaka 59

Mesopotamian trade with dilmun, magan and meluhha
63

Oman and bahrain 65

Tablet of destiny: ancu, ‘iron’ (tocharian) amśu (vedic)
66

Meaning of the word, amśu used by Valmiki 69 Harosheth, kharoṣṭī
72

Harosheth, kharoṣṭī 82

Haifa: tin ingots from a shipwreck 93

Cyprus cylinder seals and bronze stand 97

Seal impression of Tell Umma 99

Indus seal with cuneiform inscription 99

Sea-faring merchants/artisans of Meluhha 100

Alik Tilmun, picture-writing Dilmunite traders 103

Tilmun, Telmun, Dilmun, the land of the famous red stone
104

Tepe Yahya, Susa 107
Hieroglyphs on Susa limestone vat 110
Hieroglyphs of Uruk trough 112
Susa: sacred fire-smithy 117

Bas-relief of spinner with hieroglyphs of Indus writing
121

Egyptian hieroglyphs 137

Uruk boat model, Mohenjo-daro boat on Indus writing
148

Metals trade catalog on a seal 153

Ligature, a technique used by scribes/artisans of the civilization
158

Steatite ornament of a smith, courier 160

Dotted circle glyph: context, vedi glyph, ivory artifacts
163

Tin ingots, forged alloys of smithy guild furnace account
164

Smithy 175

Indus writing on Mitathal seal 178

Indian sprachbund, meluhha (mleccha) words
179

Mould, to forge in copper smithy guild 183

Dholavira signboard 184

Two unique ligatured glyphs: professionals 186

Copper furnace account 188

Rim of jar as a hieroglyph 191

Antelope as a hieroglyph
193

Inscribed tablet as an evolution from Sumer token/bulla envelope system
196

Tablets as bullae 199

Functions of tablets and seals: an archeological context
201

Guild, entrustment account-book, courier, worker on a lathe
203

Mohenjo-daro guild standard tablet 203

Orthography of Standard device 206

Wing and eagle as hieroglyphs 234

Circular working platform as a workshop (anvil, smithy, forge)
242
Trough as a hieroglyph 243

Ingots 272

Gold 393

Fortified place 283

Alloyed metal, to engrave 284

Consecrated fire, kiln 286

Cauldron 290

Mould, to forge, iron worker, mine 292

Continuum of Indus script sign sequence on punch-marked coins
295

Conclusion 300

Concordance lists for epigraphs 301

Bibliography 544

About the author 550

About the book 551

Index & End Notes 552


A 180-page, companion document is an illustrated novel titled: Akkadian rising sun also published on April 3, 2013. http://tinyurl.com/braztyn ISBN-13: 978-0982897195 Sagan in search of Sarasvati ends up in Muztagh Ata and encounters Chinese guards guarding the treasure of ancu. There were other seekers of ancu before him. He ends up in a bizarre court case in America. He visits Disney World Animal kingdom and takes a ride on the Kali River rapids. As the waters splash over him, he finds a friend on the ride. That friend from Kidarankondan guides him through the story of about seven millennia of people in search of ancu which is called amsu in an old human document called the Rigveda. Sagan finds the alchemical formula for making gold from mineral rocks of Muztagh Ata.