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Indian Supreme Court: Anti-government statements not sedition

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Today most governments are increasingly intolerant of the public criticism of their misgovernance, deception and corruption. The critics are attacked and even jailed – India claiming to be the largest secular democracy in the world suffers badly on that count.

Many critics face notorious seduction charges and are in jail because of their conviction to defend what they believe in. The situation has reached such a level of fear in the minds of people that they are scared of telling anything considered to be the truth in nation where its founding father Mahatma Gandhi taught the values of truth.

In India sedition is being used as state terror techniques to instill a fear and stop the critics form speaking the truth. Those who speak the truth are either killed or taken to jail. Many critics of Hindutva ideology have been murdered in Karnataka, and elsewhere and those who sell beef or eat it are beaten to death. 

This vulture phenomenon is the new Indian culture of intolerance. Ever since the BJP came to power under RSS leader N. Modi, the insanity of intolerance has grown multifaceted. While the government promotes ‘Ghar wapsi’  to convert Muslims, Jews, Sikhs, jains and Christians into  Hinduism/Hindutva, Muslims cannot propagate for their faith or convert Hindus into Islam even if  the Hindus persist for joining the Islamic community. Cases are filed if a Hindu becomes part of Muslim community.

So much of hatred is being pumped into national consciousness by the regime agencies.

At long last, the Supreme Court of India has come out to clear the mess due to sedition threat through a historic verdict.

Indian courts are dumped with false sedition cases.

The Supreme Court on October 08 said that all authorities across the country would be bound by the Kedar Nath judgment of the apex court, which limits the scope of filing sedition cases under the provisions of Indian Penal Code. A bench of Justices Dipak Misra and Uday Lalit gave the direction after Prashant Bhushan appeared on the behalf of the petitioners –NGO Common Cause and S. P. Udayakumar (an anti-nuclear activist in Kudankulam Tamil Nadu, against whom sedition charges have been made and arrested on several occasions) – and said that there has been an increase in the number of sedition cases being filed.

Eminent lawyer Bhushan argued before the bench that the law of sedition is being grossly misused, misapplied and abused by the authorities and that the authorities are not following the judgment in Kedar Nath which states that Section 124A (sedition) is only applicable where there is violence or incitement to violence in the alleged act of sedition.

Taking note of this submission, the bench in a brief order, said “we are of the considered opinion that the authorities while dealing with the offences under Section 124A of the Indian Penal Code shall be guided by the principles laid down by the Constitution Bench in Kedar Nath Singh vs. State of Bihar case.  Except saying so, we do not intend to deal with any other issue as we are of the considered opinion that it is not necessary to do so. The writ petition is accordingly disposed off.”

The petitioners were concerned at the increasing number of ‘sedition’ cases being filed across the country, the latest being the slapping of a charge against Amnesty International India for organizing a debate on Kashmir and against Kannada actor-turned-politician, Ramya for her ‘Pakistan is not hell remark,’ and challenged this provision in the Indian Penal Code. They said there has been an increase in the number of cases of sedition against intellectuals, activists and students.

The petition was for the Supreme Court to address the misuse and misapplication of IPC Section 124A (sedition law) by the Centre and various state governments, which has led to routine persecution of students, journalists and intellectuals engaged in social activism. It submitted that these charges are framed with a view to instill a fear and to scuttle dissent and are in complete violation of the scope of sedition law as laid down by constitution bench judgment of Supreme Court in Kedar Nath.

In the petition, a prayer was made for the issuance of an appropriate writ, order or direction making it compulsory for the concerned authority to produce a reasoned order from the director general of police or the commissioner of police, as the case maybe, certifying that the “seditious act” would either lead to the incitement of violence or had the tendency or the intention to create public disorder – before an FIR is filed or an arrest is made on the charges of sedition against any individual.

In the various cases that have been filed in recent years, the charges of sedition against the accused have failed to stand up to judicial scrutiny. The petitioner therefore sought strict compliance with the constitution bench judgment of the Supreme Court in Kedar Nath in which the scope of sedition as a penal offence was laid down and it was held that the gist of the offence of sedition is “incitement to violence” or the “tendency or the intention to create public disorder”. It was submitted that those actions, which do not involve violence or the tendency to create public disorder – such as the organisation of debates/discussions, drawing of cartoons and criticism of the government – do not constitute sedition.

Section 124A of the IPC states “whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India shall be punished with imprisonment for life to which fine may be added or with imprisonment which may extend to three years.”

The petitioners regretted that more than 50 years since the Kedar Nath judgment, Section 124A of the IPC was being allowed to be used irrespective of whether the alleged act or words are, in fact, seditious acts, or constituting a “tendency to cause public disorder or incitement to violence”.

In carrying out arrests and slapping charges, the police and the governments have rarely, if ever, respected this restriction. Successive governments have blatantly used Section 124A to stifle the voice of dissent and to further their political goals. Quoting statistics, they said, according to the National Crime Records Bureau (NCRB) report of 2014, as many as 47 sedition cases were reported across nine Indian states in 2014 alone. Many of these cases did not involve violence or incitement to violence, which is a pre-requisite for a sedition charge. It was submitted that as per NCRB figures, a total of 58 people were arrested in connection with these cases, but the government managed only one conviction.

It said that in 1979, India ratified the International Covenant on Civil and Political Rights (ICCPR), which sets forth internationally recognised standards for the protection of freedom of expression. However, misuse of sedition law under Section 124A and the arbitrary slapping of charges continue to restrict speech in ways that are inconsistent with the ICCPR. In the Kedar Nath judgment, the apex court unequivocally narrowed the scope of Section 124A, but it continues to be misused, thereby making it imperative for this court to issue necessary directions and guidelines to uphold its decision in Kedar Nath which is also compatible with India’s international obligations.

The petitioner acknowledges that words which directly provoke violence, or which directly threaten the maintenance of public order, may deserve censure. However, that is not what the misapplication of sedition law seeks to achieve. The present practice of misapplication of sedition law violates the Kedar Nath judgment. It further aims to crush all opposition to the ruling political party. The regular use of the law continues to have a chilling effect on the freedom of speech and expression in the country. It was submitted that though a small number of sedition cases lead to actual conviction; it causes harassment of individuals till the time judgment comes, which in various cases takes several years.

Meanwhile, individuals charged with sedition have to live without their passport, are barred from government jobs and must produce themselves in court at all times as and when required. A person who is charged also has to spend money on legal fees. The charges have rarely stuck in most of the cases, but the process itself becomes the punishment. The petitioners prayed for a review of all pending sedition cases and for criminal complaints for sedition made before a judicial magistrate with a view to curb the misuse and misapplication of the sedition law.

Observation

Indian government and its core media, especially the TV channels always make it a point to threaten those who speak against the policies of Indian government, particularly on foreign policy matters and Indian attitude towards Kashmiris, with sedition charges.

The historic judgment of the Apex Court on the subject has made it amply clear about the rights of Indian citizens to be watchful the government actions and criticize the actions if they are not found correct.

People have the right to question the policies and principles of Indian government, elected by the people who offer the mandate to rule the nation on their behalf for a term as such the government should enact laws to strengthen the democratic and secular fabric of India and not to try to curtail the freedoms of speech. .

Many Indian human rights people have been warned against opposing militarization of Kashmir and genocides of Kashmir Muslims in Jammu Kashmir and threatened in open in debates with seditions charges and such threats meant to bully and silence the critics of state terrorism. Even Hindus are scared of taking about Indo-Pakistan relations in a positive sense for that reason. TV channels a parade the anti-Islamic, anti-Muslims, and anti-Kashmir, anti-Pakistan guys to jointly attack all of them and make Hindus happy.

Ultra fanaticism belongs exclusively to Israel and India. Their strategic boss USA is slightly better.

Dr. Zakir Hussein – a known Islamic scholar who propagates his vision of Islam is now in jail on “serious” sedition charges. One is not sure if he would be killed in jail in some fake encounter for his firm Islamic faith in Hindutva India. Hopefully he would be released soon after the judgment.

In view of the breathtaking judgment of the Supreme Court on sedition, the federal and state governments should initiate actions if anybody either in the government or media or anybody else MP or MLA, threatens the critics with sedition charges.

India should have zero tolerance to violations of basic human rights.

The Hindutva forces should sop injecting venom into national consciousness by spreading false propagandas just for votes in the forth coming polls.

Polls come and go but unity of India and accommodation of thoughts of minorities should be taken care of by the state.

If the Hindutva forces continue to create divisions in India along communal lines, it is better if the Supreme Court, if it cannot streamline Indian politics making it non-communal as India is a great nation of several religions, languages and nationalities and cultures, could consider canceling elections for the next 10 years and ban hate communal speeches form the public platforms and in meetings. 

Communal hate politics, just like fake entertainers enjoying Padma awards – meant for sincere people of meritorious, selfless services to the nation, as their birth right, has ruined Indian prestige greatly.

Majority fanaticism is ill conceived by the regime but the phenomenon is looked down upon by the world community

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South Asia

New Government in Bangladesh: Implications for China-Bangladesh Relations

Noor Mohammad Sarker

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The People’s Republic of China is one of the earliest countries to congratulate Prime Minister Sheikh Hasina for her landslide victory by securing two-third majority in the 11th National Parliamentary Election in Bangladesh, held on December 30, 2018. Chinese Ambassador in Dhaka, Zhang Zuo, and his team paid an official visit to the Prime Minister’s Office, Ganabhaban, on December 31, 2018, to hand over the congratulatory messages to the newly elected Prime Minister from Chinese President Xi Jinping and Premier Li Keqiang. This official message denotes China’s continuous support to Bangladesh as well as the potency of their bilateral strategic partnership at the dawn of the twenty-first century.

Over the years, especially since 1990s, China has emerged as a cooperative and reliable partner for Bangladesh in the economic development and national security build-up of the latter. Under the constant rule of Sheikh Hasina and her party, Bangladesh Awami League, in Bangladesh since 2009, the relationship has turned into a comprehensive strategic partnership.

In terms of trade, China, at this moment, stands as the largest trading partner for Bangladesh with more than $10 billion of bilateral trade volume. According to the reports provided by the Export Promotion Bureau of Bangladesh, the amount of country’s total export to China was $808.14 million in the fiscal year 2015-16, compared to the amount of $319.66 million in 2010-11. At the same time, China’s export to Bangladesh in 2015-16 was worth about $9.8 billion, compared to the amount of $5.9 billion in 2010-11. Economists have predicted that, if the current rate continues like this, the bilateral trade volume would reach up to $18 billion in 2021, when Bangladesh will be celebrating its 50th anniversary.

Throughout the last decade, Bangladesh has developed an outstanding political relationship with China as well. For example, when Chinese President Xi Jinping’s paid an official visit to Dhaka in October 2016, Bangladesh received him with the highest official greetings ever. It was the first visit by any Chinese head of the state to Bangladesh in 30 years, which is considered as the biggest diplomatic milestone to their bilateral relationship.

During this visit, both countries signed 27 deals and memorandum of understanding (MoUs) worth an amount of $13.6 billion in trade and investment sectors. President Xi has also offered $23 billion loan to Bangladesh for supporting some large-scale infrastructure projects. Prior to that, in May 2014, the China Major Bridge Engineering Company (CMBEC) was awarded for the construction of Padma Bridge, the biggest ever infrastructural project in Bangladesh.

Bangladesh has been an official partner of China-led Belt and Road Initiative (BRI) since 2016. The country is one of the founding members of the Asian Infrastructure and Investment Bank (AIIB) as well. Geographically, Bangladesh is a part of both overland and maritime routes of BRI. It is a member of Bangladesh-China-India-Myanmar Economic Corridor (BCIM-EC) initiative, which focuses on the revival of the Southern Silk Road under BRI by physically connecting the landlocked provinces of Southern China to the Bay of Bengal. On the other hand, the Chattogram sea-port and its adjacent maritime area of Bangladesh have been an integral part of the 21st Century Maritime Silk Road. The country has, in fact, received the second highest amount of funding from BRI project in South Asian region, after Pakistan.

Apart from these developments, China has also emerged as a strategic security partner for Bangladesh in South Asia over the last decade. In the period of 2011-2015, for example, Bangladesh became the second highest importer of military equipments from China. In order to strengthen the capacity of Bangladesh Navy under the current regime of PM Sheikh Hasian, Bangladesh purchased two submarines from China, named BNS Nabajatra and Joyjatra, both delivered in 2016. Bangladesh also purchased six surface ships from China in between 2009 and 2015, which include two patrol boats with modest anti-surface and anti-submarine capabilities. These technological supports and upgraded equipments from China have enabled Bangladesh Navy to be emerged as a “blue-water” defense force for protecting country’s maritime area.

In terms of education and cultural exchanges, both China and Bangladesh have further developed their cooperation during this period. Several Chinese language institutes have been established, by far, in both public and private universities of Bangladesh. The number of Bangladeshi students studying in China has also been increased significantly with the help of growing number of scholarships from the Chinese government.

Hence, as per the expectations from both sides, the extension of Sheikh Hasina’s government for the third time will contribute to further boost up this bilateral cooperation. China believes that, under the leadership of Prime Minister Sheikh Hasina, Bangladesh will be able to fulfill its “Vision 2021” and, thereby, to become a middle income country by 2021, which would create further opportunities for the promotion of China-Bangladesh friendship in the upcoming days.

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South Asia

Will Pakistan go to IMF finally?

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International Monetary Fund (IMF) was created just after World War II (WWII) in 1945. It was the time of re-organization of the world order after massive destruction of WWII. UN and its organizations were establishing and whole world was passing through reforms. The IMF is an organization of 189 countries, working to foster global monetary cooperation, secure financial stability, facilitate international trade, promote high employment and sustainable economic growth, and reduce poverty around the world.

The beneficiary of WWII was US, and emerged as leader of World. IMF and World Bank like other UN and International organizations were depending on US funding to some extend and US has been utilizing in expand its economic, political and military influence around the world, frequently. US was involved in appointing head of such organizations directly or indirectly.  I leave it to my readers to judge that if IMF and other organizations have achieved its objectives or not?

Pakistan have been knocking doors of IMF since 1958, and it has been 21 agreement with IMF. Generally, IMF provides loans at very low interest rates, and provides programmes of better governance and monitoring too. But for last 6 decades, Pakistan has suffered a lot, in term of good governance. Especially last 2 decades, corruption, nepotism, poor planning, bribery, weakening of institution, de-moralization of society, etc were witnessed. We may not blame IMF for all such evils, but must complain that IMF failed to deliver, what was expected. Of course, it is our country, we are responsible for all evils, and wrong doings happened to us. We have to act smartly and should have made right decision and on right times.

In fact, beneficiary of corruption, is west, and in some of the cases, west has inspired or protected the corrupt politicians and bureaucrats in the developing nation and Pakistan is no exception to it. At least, IMF failed to monitor the utilization of funds provided.

IMF also dictates its terms and condition or programmes like: devaluation of local currencies, which causes inflation and hike in prices, cut or draw-back of subsidies on basic utilities like fuel, gas, electricity etc, which causes cost of life rather higher for local people, cut on development expenditures like education, health, infrastructure, and social development etc, which pushes the country backward.

Pakistan was no exception to it in the history of our relations with IMF. Last couple of decades, we could not develop our infrastructure, as a result we are back ward and could not take off economically, could not built Dams and suffering from Power shortage and water crisis, Education, health and social sector was ignored and pushed us rather backward.

In past, whenever we approached IMF, US administration was favoring us, but this time, it was witnessed that US may create hurdles or resistance in the form of additional conditions etc.

Based on experience of 6 decades, Government of Pakistan (GoP) have to make decision, weather to go to IMF or not? It is very serious issue and very sensitive decision. GoP is very serious and in close consultations with various experts from within the government and out side the government. There is a group in Pakistan, lobbying for IMF, as it is cheapest and more structured. Pro-IMF lobbies are more close to PM Imran Khan. While, there are experts who are against IMF and feels in past, if IMF was not helpful for Pakistan, then why to go again for the same tested organization. It is worth mentioning that, Pakistan is a diversified nation, and freedom of expression is ensured by constitution of Pakistan, so many controversial opinions are expected – we enjoy the highest degree of freedom. .

In past, politicians were rather easy to coerce and IMF was successful in their missions. But, today, Pakistan is in safe hands and current leadership is honest, loyal and sincere with Pakistan. The PM Imran Khan is a strong man and will take decision based on principles in the best interest of nation.  Sources close to him, feels that till date he is not convince yet, but will take a firm decision soon. His decision will be based on expert advice, national interest and purely merit-based.

However, all other option may be explored and taped, like friendly nations have already extended a hand of financial assistance. Like Saudi Arabia, Arab Emirates, Qatar, Turkey, Malaysia and China. Which has lessen the need of going to IMF to a great extent. It will provide an edge to Pakistan, while negotiating with IMF.

Whatever will be his decision, people of Pakistan trust him and will stand behind him. His decision will be considered the decision of 220 million of Pakistan. Pakistan has a history of “No Default” in last 7 decades to any one of our international obligation or agreement. Pakistan is a civilized, disciplined and matured & resilient nation. We have passed many harsh tests, in last 4 decades and learnt many lessons.

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South Asia

Pakistan Securing Its Maritime Interest and CPEC

Qura tul ain Hafeez

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The IOR is a major sea route that unites the Middle East, Africa, and East Asia with Europe and America. The excessive economic growth of littoral states of Indian Ocean obliges them to protect their energy needs and interests in order to endure their purchasing power. This has great security implications for the sea line of communication of the littoral states of IOR like Pakistan.

Continuing to Pakistan’s interests in IOR the China-Pakistan Economic Corridor has great potential to transmute Pakistan into a central trade platform, which would undeniably gushed the enemies, particularly India, to halt it. The development of Gwadar sea-ports as part of BRI in general  and that of CPEC in particular has amplified India’s concerns’ and aimed for more sophisticated and advanced naval build-up. Furthermore, India perceives the Gawadar port (that is considered as crown jewel of CPEC) as a hazard to its contesting interests in Central Asia countries.  The reason being, India can access Afghanistan, Iran and Central Asian Republics (CARs) only through Cahabahar by passing Pakistan and Gawadar  a deep water sea port that is easily accessible to these land locked states then Chahabahr. A couple of days back on 24th December 2018 India has formally over taken the operational control of Iran’s Cahabahar port – only (0 Km away from Gawadar port. India’s aspirations to become blue water navy in the IOR raise serious concerns among Pakistan’s maritime security. CPEC would lead toward increased maritime politics and contestations not only between Pakistan and India but would also involve China and US.

In such turbulent circumstances Pakistan is required to prepare its sea based defense to secure its sea lines.   Islamabad needs to carefully evaluate its options and develop its strategic response accordingly, involving but not limited to continuous development of its naval capability and an even closer maritime cooperation with China. In view of the prevailing power dynamics in Indian Ocean Pakistan Navyin order to secure its interest in IOR inked a contract with China’s State Shipbuilding Corporation (CSSC)in June 2018 for two, Type 054AP frigates. The agreement is an extension of a previously signed agreement in 2017. Recently on December 19, 2018 steel-cutting ceremony for the second Type 054A frigate for the Pakistan Navy was held at the Hudong-Zhonghua shipyard in Shanghai. The type 054 AP warship frigates will be equipped with modern detection-state of art sensor and Guided Missiles weapon systems; capable of anti-ship, anti-submarine and air-defense operations. According to the report of China Daily report added that the “Type 054A is the best frigate in service with the PLAN”.

It is pertinent to mention here that maritime security is linked with the Economic security and vice versa. Gawader port is one of the most important projects of the CPEC where Pakistan and China are very hopeful that in future this shipping port will generate the revenue for Pakistan’s economy.  There is a big chunk of fishery industry through which Pakistan can earn a lot. It will stimulate business and trade activities at state level and across the region.  The 054 AP frigates ““Will be one of the largest and most technologically advanced platforms of the Pakistani Navy and strengthen the country’s capability to respond to future challenges, maintain peace and stability and the balance of power in the Indian Ocean region” a report on 2nd January 2019 released by  Chinese state owned media said.

In some, to deal with all these existing defies Pakistan Navy (PN) has espoused to a multi divided line of action for safeguarding the port in more effective manners. It conducts security patrolling h and coastal exercises from time to time. Furthermore, previously in 2013 it has inaugurated its Joint Maritime Information Coordination Center (JMICC) in Karachi to provide with an effective mechanism of Maritime Domain Awareness (MDA).  After receiving these 054 AP frigates warship Pakistan will definitely in far more better position to counter India’s vested interests in Indian Ocean region. It will also help secure the Gwadar port which is the chief component of Pakistan maritime trade activities. China has always been an al weather strategic partner of Pakistan. Although India always tries to propagate that CPEC is military agreement instead of an economic one however, securing the economic interests with an advanced mechanism does not mean at all that it’s planning something militarily. Pakistan has always adopted a defensive policy and it is the right of every sovereign state to secure its interests even if they are economic as there is no morality in international politics, still CPEC is an economic project which welcomes every state of the region for economic cooperation  even if it is India as well.

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