LETTERS

Politics & disqualification

"Politics after disqualification" (May 25) is a thought-provoking article by N. Ram. While referring to the single Judge's order in the Madras High Court (Justice Malai Subramanian) in Jayalalitha's case, he observes: "While she got some consolation from the single Judge's non-binding view that "conviction and sentence are inseparable twins under the law", that "the moment the sentence is suspended, conviction is deemed to have been suspended", and that therefore Jayalalitha might not face disqualification, she failed to get the relief sought - suspension of the conviction".

I strongly differ with his interpretation of the judgment. First, the view expressed by the Judge is not a non-binding one. It is a binding view. Since conviction and sentence are inseparable twins, there is already a clarity. Because of the suspension of the sentence and the granting of bail, she is not a disqualified person in the eyes of the law as per the High Court judgment.

She did not fail to get the relief she sought. Simply because the petition was 'dismissed', one need not jump to the conclusion that her prayer was negatived.

Since Jayalalitha suffers no disqualification as on date (because of the suspension she obtained in the High Court), it is needless for her to come to the High Court again. This is the core of the observation of the Judge. I concur with the suggestion that the Election Commission's order of August 28, 1997 should be challenged in the Supreme Court for its inherent contradictions and anomalies. This should be done under Public Interest Litigation.

K. Veeramani
General Secretary
Dravidar Kazhagam
Chennai

The people of India primarily depend on the Election Commission for free and fair elections. The acceptance of the nomination papers of R. Balakrishna Pillai in Kerala shows there was clear negligence on the part of the Commission. Both Balakrishna Pillai and Jayalalitha have been convicted and sentenced in corruption cases. Jayalalitha's nomination was rejected, but Balakrishna Pillai's was accepted because he was a sitting MLA. To avoid this discrimination, what the Election Commission should have done in Kerala was to recommend dissolution of the Assembly when elections were announced. In that case, Pillai would have ceased being an MLA. So, in the future, for unbiased application of electoral laws, the Election Commission should recommend the dissolution of the Assembly concerned or Parliament.

An independent agency is needed to monitor corrupt practices and criminal activities by sitting MLAs/MPs and Ministers. Criminal cases have been filed against very few politicians. Many others have escaped punishment.

S. Prakash
Mutharasanallur, Tamil Nadu

Trade in children

"Children as commodities" (May 25) is an apt title. The trade in children has become a lucrative one. It appears that the failure of the government to monitor the adoption agencies' activities and to take action against them may be the main cause for this malady. It is not known why the trade in children, suicide by farmers and weavers, rackets in bogus marriages, and so on should take place in Andhra Pradesh, the technology-savvy Chief Minister of which is acclaimed as the CEO. The government should amend the rules to remove the loopholes in the system.

A. Jacob Sahayam
Karigiri

Shabir Shah

In "Another summer of terror and hope" (May 25), Praveen Swami made a mention of Kashmiris' continued outrage with Shabir Shah's 1998 financial misconduct and confession. Money is indeed a fundamental tester of character, and naturally Kashmiris have forgotten the 22 years Shabir Shah spent in prison for the Kashmiri cause and the euphoric reception they accorded him in the autumn of 1994. Earlier on, the very same crowds chanted pro-Sheikh Abdullah slogans and later became anti-Sheikh Abdullah. As for Shabir Shah's former aide Naeem Khan, one gets the feeling of cleanliness, unaffected courtesy and serenity about the person. I interviewed both men in 1994.

Zariani Abdul Rahman
Selangor Darul Ehsan, Malaysia

Purulia case

When the Purulia arms drop case was unearthed, the BJP in the role of the Opposition party left no stone unturned in order to ensure punishment to the accused. Now the same BJP, in the disguise of the NDA, is granting presidential pardon to the convicts ('The case of Peter Bleach,' May 25). It released the Russian crew of the plane to oblige Vladimir Putin. It was an unfriendly gesture from Russia to use a presidential visit to bargain for the release of Russian wrong-doers in India. It is disappointing that the NDA government ignored the nature of the offence they were convicted for.

The way the British are now handling the matter, it is certain that ensuring freedom for their man is only a matter of time. All this made Peter Bleach (the convict) to say that "I have full faith in the Indian legal system". So far none in our government has shown any firmness in dealing with such persons and their governments. This has encouraged persons like Peter Bleach to make a mockery of the Indian legal system and work against India.

Abhijat Srivastava
Lucknow

Devi Lal

"The Jat patriarch" (May 11) brought out varied aspects of the former Deputy Prime Minister's long and exemplary political career. But the writer's pen seemed hell-bent to scribble libel instead of a fitting obituary of the "tau" of millions. The persona of incredible substance was himself an 86-year saga of sacrifice and patriotism, with special affection for farmers and the downtrodden. Sneaking into some controversial dents in his career and expurgating his contribution to the nation (which is replete with numerous welfare measures, such as grant of old age pension and debt relief to poor farmers during his chief ministership) and apocryphally deciphering his contribution to the freedom movement (which again is replete with instances of giving true leadership to the unorganised and unlettered rural masses) exposes the hollowness of our attitude to unsung heroes.

Devi Lal was a true soldier of the soil who, according to Prime Minister Atal Behari Vajpayee, "never forgot the ground beneath his feet and remained a phenomenal leader of the masses."

Vijender Vijay
Chandigarh