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This is an archive article published on May 5, 2013
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Opinion Shocking bureaucratic bungling

The recent judgment of the Supreme Court which commuted the death sentence of the Assam murder convict Mahendra Nath Das

May 5, 2013 02:29 AM IST First published on: May 5, 2013 at 02:29 AM IST

Shocking bureaucratic bungling

The recent judgment of the Supreme Court which commuted the death sentence of the Assam murder convict Mahendra Nath Das to life term reveals startling facts. President A P J Abdul Kalam had recommended clemency for him in September 2005. No material was produced by the Union that it had asked President Kalam to review his decision. Thereafter in 2010,the Home Ministry sent a recommendation to President Pratibha Patel to reject Das’s mercy petition along with a note from the then home minister P Chidambaram. Curiously the ministry did not append President Kalam’s views. This lacuna was held to be incurable by a bench of the Supreme Court headed by Justice G S Singhvi. The bench found it ‘most intriguing’ that the final recommendation sent to President Patil did not make any mention of President Kalam’s opinion and thus deprived her of an opportunity to objectively consider the entire matter. The court further observed that the government had also failed to explain the time lag of three years,between 2001,when then home minister LK Advani recommended rejection of the mercy petition,and 2004 when the file actually reached Rashtrapati Bhawan. There was also inordinate delay of five years after Kalam favoured clemency in 2005,with the file sent back to Rashtrapati Bhawan in 2010. In the result,the death sentence was commuted to imprisonment for life.

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Bureaucratic bungling is not uncommon. But in a matter of life and death of a person,it is unpardonable. Convict Mahendra Nath Das has fortunately been spared the gallows. But that should not preclude a full judicial inquiry into these shocking lapses.

Guantanamo Bay

President Barack Obama on his first election as the President of USA had pledged that he would close the detention centre at Guantanamo Bay,which is a shameful stain on the US justice system. Persons are detained there indefinitely on suspicion by labelling them enemy combatants. Trial is held by military tribunals in camera and without legal assistance of the detainee’s choice. Regrettably President Obama was unable to fulfill his pledge owing to livid projections of dangers to national security painted inter alia by the CIA,State Department and some sections of the political establishment.

It is reported that 100 inmates are on hunger strike since February 6 and guards are force feeding them via nasal tubes. Medical associations and human rights groups have expressed consternation about the situation. The spokesman for the UN High Commissioner for Human Rights told media that force-feeding hunger strikers was a breach of international law. Last week,the president of the American Medical Association in his letter to the US Defence Secretary has reiterated its long-held position that it is a violation of medical ethics to force-feed mentally competent adults who refuse food and life-saving treatment. President Obama has renewed his commitment to close down the prison,stating that it “hurts us in terms of our international standing” and acts as a “recruitment tool for extremists”. It is ardently hoped that this time President Obama will fulfill his pledge.

Puritanism galore

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Puritanical attitudes have become pervasive. An advisory is issued by the Manila-based multilateral agency Asian Development Bank (ADB) which is hosting its 46th annual meeting for more than 4,000 delegates. The advisory is both hilarious and tragic. One says,“Don’t bare legs or wear short dresses as it could hurt Indian sensibilities and may lead to sexual harassment”. Does the converse follow? Another advisory instructs delegates to avoid public displays of affection such as cuddling,kissing and even holding hands. This is truly bizarre because it makes an irrational distinction between men and women. Besides,according to ADB’s perception,men holding hands is permissible and should not be taken as a sign of their sexual orientation. What is fundamentally wrong about holding hands with one’s female friends? There are no logical answers. However we should not mind the weird humour,which is a relief in the present environment of rapes and murders.

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