India! I dare you to be rich

Category Archive: India

Watching brief on the Adani Group – money laundering, environmental damage, etc.

I've noted a comment re: Adani earlier, here. And once or twice, perhaps, on FB.

MONEY LAUNDERING

Someone sent this. I've further investigated a bit. Adani seems to have been using a range of illegal and corrupt methods. 

The PDF of an article re: money laundering by Adani: Download here.

And here's a news article: DRI, ED set to probe Adani Group for allegedly over-valuing power equipment imports.

And SIT, CBI to look into Adani Group case.

Perhaps not surprisingly, nothing has been heard about these inquiries since July 2014. 

This is highly political case, with Modi being funded in very large quantities by Adani. 

Will watch this case and others against Adani.

ENVIRONMENTAL DAMAGE

https://www.getup.org.au/campaigns/great-barrier-reef–3/adani/dont-trust-this-company-with-our-great-barrier-reef

 

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Pro-British, anti-national RSS has OFFICIALLY truncated Kashmir in their map of India

It was brought to my notice (here) that RSS's official map accepts that vast chunks of Kashmir have been ceded to Pakistan and China.

See the map here.

This is beyond shameful – for an organisation that claims to be "nationalist".

I always knew RSS is pro-British and anti-national. But this takes the cake.

Here is a section of the RSS map:

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Ramdev was an RSS member even as he lied to me about his NOT directly supporting corrupt BJP

Today, Ramdev has put out the following picture on his facebook page.

The fact that he lied to me – quite brazenly – at each step, has long since become clear. That he directly supports black money is also long since clear. But that he was a DIRECT SUPPORTER/MEMBER of RSS is something I didn't know.

The picture below is disgraceful. Ramdev is now a direct abettor of the crimes and misdemeanours of the anti-national Taliban known as RSS (details about RSS here).

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Vigorous (but unreported) protests against Modi during his USA and Australia trips

I was surprised to find on FB a video about protests against Modi during his Australia visit. Upon exploration, I found other protests against him across USA and Australia which the media never reported. To set the record straight, I'm posting a few links. Do send me any more that you come across.

AUSTRALIA

In Melbourne:

Also: http://www.dailymotion.com/video/x2agp5l_protest-against-modi-in-australia_news

In Sydney

Source: Modi you have blood in your hands: Indain PM faces protests in Sydney

Hundreds of Sikhs protest against Indian PM Narendra Modi in Sydney

Slogans on placards, banners and posters read ‘Modi India’s Prime Murderer’, ‘Ban RSS’, “Modi Shame Shame” 

Australian Sikhs and Muslims Protest Against Modi’s Sydney Visit

Some media reporting:

The dark shadows behind the power of Narendra Modi and Xi Jinping

USA

US activists protest against Modi visit

New Yorkers against Modi (FB page)

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Lodging a strong protest against Delhi Police’s violence against Sant Gopaldas – a man of peace.

Sant Gopaldas is an amazing, kind person, but with the greatest resolve for his agenda – the protection of cows. I disagree with many things he believes in, or wants, but that doesn't take away from his kindness, commitment and resolve.

I met him in Delhi in July-August this year – indeed, I met him many times at many different places (Jantar Mantar, in our 5-day conference to which he came for a few minutes on two days to introduce his cause) – and also travelled with him in Haryana and Rajasthan. Indeed, one night we slept in the same guestroom of the cow hospital in a village.

Some photos from my India trip, depicting Sant Gopaldas:

ABOVE: With a calf in a goshala in Gurgaon (Gopaldas is on the right).

ABOVE: In Swami Om Poorna Swatantra's (pictured left) ashram, outside Pilani, Rajasthan.

ABOVE: With a playful calf in a privately owned and operated go-chikitisalya (cow hospital) near Loharu in Haryana.

Now, while is a very intelligent young man, Gopaldas doesn't understand basic economics. But unlike arrogant Arvind Kejriwal, he listens. I therefore spent a lot of time explaining to him the kinds of reforms needed in India's governance, and why banning cow slaughter is not economically sensible (for farmers), and indeed, why it is inconsistent with India's Hindu traditions (e.g. Arthashastra).

However, on one thing (in relation to cows) I agree with him entirely – that forcible acquisition of gochar land (grazing land in villages) by politically connected developers is a criminal matter that needs to be resolved. Mafia and gangsters have occupied and built houses over most such land in Haryana, leaving farmers with no place to leave their old cows (that they don't want to slaughter) to graze. This has, in part, contributed to farmers taking old cows to small towns and leaving them behind. The cows then feed on garbage and plastic bags – causing them massive pain and agony. (From one cow they extracted 70 kilos of plastic bags and garbage, including nails, etc.). Protecting grazing land is a duty of the Haryana government. It has failed in this fundamental obligation, of protecting property rights.

I explained to Sant Gopaldas how the SKC agenda strongly protects property rights. He should support it and note that farmers should be allowed to choose how they dispose their old cows, so long as there are strong protections against animal cruelty. I also explained to him why it is not proper for government to pay farmers a 'cow pension' to look after elderly cows (yes, he has been toying with such an idea). I'm not sure he fully understood the economic thinking I was trying to outline, but at least I tried.

I've now received the following email and attached photos. For many years, Sant Gopladas has been regularly protesting (through extremely long fasts) the ill-treatement of cows. This time, though, in Delhi, Delhi Police went out of the way to beat up the protestors, injuring a number of them.

I STRONGLY PROTEST Delhi Police violence against one of the most peaceful persons I've come across.

I encourage all those interested to attend the meeting being organised tomorrow  (23 November), to find out more and take further action. Let's put our foot down against police violence.

But I must strongly encourage Sant Gopaldas to fully endorse the SKC agenda, without which I can't really support his work. 

My agenda for India is to make it a free country, a country without corruption, with strong property rights and the rule of law. My agenda is not for prevention of cow slaughter. I am happy for people to not slaughter any cows they own, but they can't use the force of the state to ban slaughter of cows for food, carried on according to strict rules to prevent animal cruelty. Let's agree to outlaw animal cruelty. That's our meeting ground. After that, let people choose how they treat the cows they own.

===EMAIL AND PHOTOS===

विषय :- मानवीयता / इंसानियत के नाते गाय, गाँव व गोपाल को बचाने की अपील ।

प्रिय बन्धु,

        जैसा कि आपको जानकारी होगी कि गोहत्या बन्दी के लिए संत गोपालदास और उनके साथी पिछले कई वर्षों से राष्ट्रव्यापी आन्दोलन चला रहे है । उन्होने १४६ दिन का सतत अनशन भी इस गम्भीर, अति संवेदनशील समस्या /मुद्दे का हल निकालने के लिए किया था । 

        हम गाय, गांव, प्रकृति प्रेमी लोग हैं । हमारी सोच है कि गाय बचेगी तो गांव बचेगा; गांव बचेगा तो देश बचेगा; देश बचेगा तो दुनिया बचेगी । स्वामी दयानंद, भगत सिंह, बिस्मिल्, अशफाक, निगमानन्द और संत नागनाथ जैसे क्रान्तिकारियों, संतफ़कीरों की परम्परा के धारक-वाहक संत गोपालदास व उनके साथी गायों के कत्ल को मानव जाति के विनाश का बडा कारण समझते हैं । पिछले कई वर्षों से गाय व गोचर भूमि की रक्षा के लिए जन जागरण / आन्दोलन कर रहे है ,कई महीनों से संसद की चौखट (जन्तर-मन्तर) पर भी धरना जारी है ।

        केन्द्र की नई सरकार ने अपने वायदेनुसार (मोदी को मतदान – गाय को जीवनदान) जिसका पत्रक संलग्न है, इस अतिसंवेदनशील गम्भीर मुद्दे पर कोई सुनवाई / कार्यवाही नहीं की । तो हम लोग ३१ अक्तूबर (गोपाष्टमी) के दिन शान्तिपूर्ण अहिंसक धरने / प्रदर्शन के बाद प्रधानमन्त्री कार्यालय विज्ञापन देने गये तो पटेल चौक के पास दमनकारी रवैये के साथ लाठी चार्ज मारपीट करते हुए २ लोगों के हाथ तोडे, जिसमें संतों और महिलाओं को गम्भीर चोटे लगी १२५ लोगों को गिरफ़्तार कर थाने लाये । उनमें से १४ लोगों को पहले की तरह झूठे मुकदमे लगाकर तिहाड जेल में डाल दिया गया, जो कि सरकार और राष्ट्र के लिए शर्मनाक है । इसके बाद से संत गोपालदास ने फ़िर से अन्न जल नही लिया अनशन पर है । 

        इस अति संवेदनशील गम्भीर मुद्दे पर एक सर्वदलीय बैठक का आयोजन २३ नवम्बर रविवार को किया जा रहा है । सभी दलों के प्रतिनिधि इसमें आमन्त्रित है अत: आपसे अनुरोध है कि आप इस सभा मे अपना पक्ष प्रस्तुत कर हमारा मार्ग प्रशस्त करें । 

कार्यक्रम स्थल : उदासीन आश्रम, आराम बाग़ (आर के आश्रम मेट्रो स्टेशन के पास) नयी दिल्ली

 

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Further thoughts on the jurisdiction of international courts re: Modi’s alleged genocide

A couple of months ago I had expressed a view that Modi – while without any doubt (in my mind) DIRECTLY INVOLVED in the Gujarat massacre of hundreds of innocent people – cannot be tried by any international jurisdiction for these crimes.

I wrote "let Indians fix this issue.They have the capacity and power to do so through the democratic and parliamentary process".

This raised a strong email discussion after which I have not had time to pursue further. In the meanwhile an Australian court has also taken cognizance of Modi's crimes.

I am reliably informed that I am wrong to object to international courts taking up the Modi crimes issue. Unfortunately, I have no time to review this material but to make sure I don't lose this info, let me post an email conversation I had, so others can join in, if they have the time.

Given the continuing destruction of justice in India (e.g. Nanavati's final report) and the TOTAL IMPOSSIBILITY of the victims of premeditated riots getting any justice in India, there may well be a case for considering international jurisdiction. India is not a Third World banana republic. It is far below that – in many ways worse than Chinese totalitarianism. The pretense of 'democratic' institutions probably doesn't cut much ice when your family /relatives have been massacred and the "justice" system absolves the main killers.

 I've not finalised my view on this, and would appreciate your thoughts. 

===EMAIL CORRESPONDENCE ON THIS TOPIC, TO DATE===

SA

When he was summoned for his heinous acts committed against humanity you are saying the US  court has no jurisdiction to do so When a state(INDIA) fails to prosecute  him for his murderous crimes in the guise of defending a democratically elected leader it is quite natural that he will face music when he lands in a country(USA) where the people have freedom for nailing the criminals  You know crime against humanity is punishable in all countries You cant raise the frivolous objection stating he committed in India not in the US Crime is crime Mr Sanjay You know the daughter of the unfortunate man who was cut into pieces is residing in Delaware Please put yourself in the situation of the cruel victim"s relative Then you will realize you cant shed tear for Modi 

MY COMMENT

The only jurisdiction US might have in relation to crimes committed against its citizens is through treaties with other countries. Any aggrandizement by US to assume powers over incidents occurring in other countries is ultra-vires. That's pure colonisation.

It is up to Indians in India to fix Modi. Let India awake.

SA

To me it is an  over simplification of a grave issue Crime against humanity is punishable in every nook and corner of  democratic world There is no aggrandizement or whatsoever as you inferred 
The Supreme Law of the United States of America that is the US constitution is applicable to those who are in that land The summons is issued not by the political organ in the US Had the issue been irrelevant the court wouldnot have issued summons 
Hypothetically you would  condone  Hitler in case he was caught in India stating India has no jurisdiction for the genocide happened in the cobcentration camps You would say India should extradite him to Germany Interpreting conventions in this way will defeat the very purpose of the law against criminals This is not a case of one country trespassing to other country's domain A person accused of genocide is to be indicted by the court irrespective of the nationality or geographical boundary India let him go scot free Just because he has people's mandate his crimes should be extenuated ? Sadly you experience a vicarious feeling wrongly assuming  that embarrassment to Modi  is an affront to all Indian Let us argue out our differences

MY COMMENT

India is a democracy. We ought to be able to fix our problems internally. It will be ridiculous if a court in India starts passing judgement on every "genocide" occurring in the world. For that there is the International Criminal Court at The Hague. Countries are sovereign. India's sovereignty is not available to question by USA.

Instead of depending on US court, fix India's systems.

SA

Mr Sanjeev I cant disagree more Genocide is a crime against humanity All democratic countries" constitutions espouse the notion of penalising the perpetrators of the genocide.When any of those  democratic institutions fails it is quite natural that others intervene to catch the transgressors When human rights are challenged in any country the onus of protecting the rights of the  oppressed lies on other democratic countries Mr Sanjeev Why do you mix this cardinal principle with the notion of patriotism .Sadly Indian institutions failed in nailing Modi He put his feet in a country which  people all over the world fathom as the citadel of the human rights Dont you agree the USA is the world"s oldest democratic country dating back to 1776 when the 13 states declared independence and eventually gave the British a mighty whoopin'.Since then, for 238 years, every leader has been elected and there have been no kings, no queens, no military juntas, no conquerors and no dictatorship

Our strength lies in finding just how far we can push the boundaries of Democracy. Hearing people like you it  turns out it's pretty stretchy Mr Sanjeev

MY COMMENT

Please go read the laws re: genocide and how it is to be tried/ proven. It is not up to individual countries to do so. At least that's my understanding. Why don't you send me the relevant laws which authorise genocides to be dealt with by individual countries and I'll review.

SA

Mr Sanjiv please throw light on the areas where you have not trotted  before 

Universal jurisdiction allows states or international organizations to claim criminal jurisdiction over an accused person regardless of where the alleged crime was committed, and regardless of the accused's nationality, country of residence, or any other relation with the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage.So please dont raise the frivolous objection stating that Modi can be tried only in India 

The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as the concept of jus cogens – that certain international law obligations are binding on all states. 

The concept received a great deal of prominence with Belgium's 1993 law of universal jurisdiction, which was amended in 2003 in order to reduce its scope following a case before the International Court of Justice regarding an arrest warrant issued under the law, entitled Case Concerning the Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium).[2] The creation of the International Criminal Court (ICC) in 2002 reduced the perceived need to create universal jurisdiction laws, although the ICC is not entitled to judge crimes committed before 2002.

According to Amnesty International, a proponent of universal jurisdiction, certain crimes pose so serious a threat to the international community as a whole, that states have a logical and moral duty to prosecute an individual responsible for it; no place should be a safe haven for those who have committed genocide crimes against humanityextrajudicial executionswar crimestorture and forced disappearances.

The United Nations Security Council Resolution 1674, adopted by the United Nations Security Council on 28 April 2006, "Reaffirm[ed] the provisions of paragraphs 138 and 139 of the 2005 World Summit Outcome Document regarding the responsibility to protect populations from genocidewar crimesethnic cleansing and crimes against humanity" and commits the Security Council to action to protect civilians in armed conflicts

n 1993, Belgium's Parliament passed a "law of universal jurisdiction" (sometimes referred to as "Belgium's genocide law"), allowing it to judge people accused of war crimes, crimes against humanity or genocide. In 2001, four Rwandan citizens were convicted and given sentences from 12 to 20 years' imprisonment for their involvement in 1994 Rwandan genocide.An arrest warrant issued in 2000 under this law, against the then Minister of Foreign Affairs of the Democratic Republic of the Congo, was challenged before the International Court of Justice in the case entitled ICJ Arrest Warrant Case. The ICJ's decision issued on 14 February 2002 found that it did not have jurisdiction to consider the question of universal jurisdiction.

In September 2005, Chadian ex-President Hissène Habré (dubbed the "African Pinochet"). was indicted for crimes against humanity, torture, war crimes and other human rights violations by a Belgian court. Arrested in Senegal following requests from Senegalese courts, he is now under house arrest and waiting for (an improbable) extradition to Belgium.Neither Chadian citizens nor Rwandan citizens were up in the arms against this indictment citing colonisation or ultra vires 

States can also in certain circumstances exercise jurisdiction over acts committed by foreign nationals on foreign territory. So the united states can exercise jurisdiction over acts committed by Modi on foreign territory 

MY COMMENT (TO AN INTERNAL TEAM)

Does anyone know about this issue – universal jurisdiction? In my view Modi can't be tried by a US court, but looks like this gentleman thinks otherwise. Unfortunately, I don't have time to review the entire literature so will be glad to hear from anyone who knows.

SB

The commentators are largely correct:

The ICC has universal jurisdiction for certain crimes, under certain conditions:

"The International Criminal Court (ICC or ICCt)[2] is an intergovernmental organization andinternational tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocidecrimes against humanity, and war crimes and it may one day be able to exercise jurisdiction over the crime of aggression. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Councilor individual states refer investigations to the Court. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, become member states of the ICC. Currently, there are 122 states which are party to the Rome Statute and therefore members of the ICC."

Source: Wikipedia, emphasis mine

Following countries have either signed and not ratified or not signed at all:

 

India keeps very good company, as you can see from the list above.
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In Europe, Serb leaders have been prosecuted and jailed under the aegis of the ICC/ICJ. In Africa, Rwandan, Congolese, Sudanese and Libyan leaders have been tried at the ICC (both in-absentia and in-person). In Asia, the trials in Cambodia against the former Khmer Rouge leaders have been held under ICC aegis.

More recently, Bangladesh constituted its war crimes tribunal on the lines of the ICC procedures – although, it has been primarily a domestic affair, prosecuting the collaborators during the 1971 liberation war.
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The United States, in some/many matters, behaves more like an empire rather than a single, sovereign country – on the basis of a couple of laws passed by US Congress/Senate, supported by US courts and actively prosecuted by its enforcement/spy agencies (primarily, FBI but supported by the CIA), the US has given itself absolute, extra-territorial jurisdiction, for crimes committed against US citizens, residents or interests.

Thus, the US can (under its laws) and does "abduct" people from other countries to face trial in its courts in criminal matters – rendition (legal or otherwise) is not a reason for an US courts to throw out a case.

Based on what I remember or what I have read, the US went down this route after the hijacking of an Italian cruise liner, Achille Lauro in 1985 by the terrorist wing of PLO – a wheelchair-bound American was shot in the head and thrown overboard by the terrorists, when they lost control of the situation. The US sent Navy seals to raid the ship, but by the time they arrived, the terrorists were on a plane to Libya. US fighter aircraft forced the plane down on an US base in Italy, but the Italians claimed jurisdiction and took custody of the terrorists. Later, an Italian court freed all the terrorists (forget the grounds) and they decamped to West Asia.

The US then came up with extra-territorial renditions as their preferred solution.

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