Wednesday, November 25, 2009

An Open Letter to The Hon'ble Chief Justice of India

A year after one of the most terrifying terrorist attacks on our soil, when we were rudely jolted from the self imposed slumber, it is time for introspection and reflection once again.

The question uppermost in our minds should be “ Are we any safer than what we were a year ago, and most importantly being on the receiving end of Pakistan sponsored terrorism for over two decades now, how determined is our political and bureaucratic apparatus to take on this menance head on, mustering all our political, diplomatic, and economic muscle to begin with, to root it out once in for all?”

No doubt much has happened since the past one year, the most notable change has been, the change of guard at the Union Home Ministry. One wonders why we had to suffer so many terror attacks and bear the loss of countless innocent lives, to finally show the door to the former incumbent who has been the biggest disaster for the UPA government‘s previous term?

We are being reassured time and again by our political leadership, that things are different now. However if the joint statement at Sharm El Sheikh, which created jitters at home, and perhaps made the Pakistanis laugh below their breath, as well the kind of vulnerability so pathetically displayed by our intelligence and law enforcing agencies in the recent fight against Naxalism are any indications, then the resolve and determination of our political leadership to address our internal security issues, leaves a lot to be desired.

Today, as we pay homage to those whose lives were tragically cut short a year ago in Mumbai including our valiant martyrs from various forces, empathize with those who have been maimed for life, as well as share the grief of those who have been bereaved by the tragic loss of their loved ones, we need to ensure that these sacrifices do not go in vain. Thus, it is highly incumbent upon each one of us to be on our toes, and once again remind ourselves of the dangers which have become a part of our lives. Needless to add, we do need to compel our political masters as well, to be on their toes.

Let us not forget that in the end, it is our lives, and the lives of our loved ones which are on stake. Those who are well protected with X,Y,Z class security, are the priviledged lot, and we can count on hem to utter politically palatable platitudes, and look for photo opportunities after such disasters.

The following letter was written by me a year ago, and though out dated, is now being reproduced in this blog, just to serve as reminder to all of us, that we just can’t be complacent anymore.

May the souls of all those who lost their lives a year ago rest in peace, and may the Almightly grant courage to those who have been maimed and to those who have been bereaved
.

Hon’ble Mr. Justice K.G. Balakrishan,
Chief Justice of India,
Supreme Court of India,
Tilak Marg,
New Delhi – 110001. Dated 2nd December, 2008


Your Lordship,

Subject: Securing our Nation

I am pleased to introduce myself as a Delhi based fellow citizen, who has been observing with great interest and gratitude, the various landmark judgements pronounced by our higher judiciary, especially the Honorable Supreme Court , which have had a significant bearing on the lives of common citizens like me.

With a great amount of distress and agony, I am writing this letter to your goodself.

Although no amount of policing or the military might of any country in the world can prevent terrorist attacks on their soil altogether, yet the spate of terrorist attacks in our country last year, across various cities, and then with a mini war which was declared on our financial capital Mumbai, have made us wonder , if India is indeed that soft state as made out to be ?

For we common citizens who are not privy to the various decision making process in the higher echelons of our bureaucratic and security apparatus, the only source of information for us is through the media. And six months later post 26/11, we are yet to come across any decisive action plan to combat this menance, which has grown by leaps and bounds over the past few months. Yes, we are also quite fed up with the oft quoted phrases like,

“ Please maintain calm, this was a cowardly act, we will take strong action,” etc etc. or for that matter routinely blaming Pakistan, for its support to such attacks, or its inability to stop such attacks on our nation.

Yes, it is quite easy for the government to use the veil of secrecy in national interests in order to avoid spelling out the exact steps being taken to avoid an encore of 26/11, but then can our political masters give us a guarantee that it will not be repeated ? If no, then we the citizens do have a right to know how are we better off today as compared to Nov ‘2008, where our safety is concerned .

Without going into the merits behind the suspicion on Pakistan, let us admit the fact that there was a growing perception amongst some of us that the former incumbent in the Union Home Ministry at the time of the attack, was a totally incompetent person to occupy such a sensitive post, who was there, all thanks to the patronage he got from the powers that be of his particular political party. While no one expected him to shout at the top of his voice after every terror attack, yet at the very least , one did expect at least some innovative and imaginative steps to counter such acts of terror. In fact, some of his utterances in the past especially on issues relating to Pakistan and Afzal Guru have made one wonder, if he really was our Union Home Minister who was obsessed with the overall deterioration in the law and order scenario, not only with reference to terrorism but also the unabated violence in the naxal effected areas, besides of course the usual acts of crime across the country which makes headlines every now and then ?

Yes, while the subsequent change in the Union Home Ministry was welcome, though too late, the moot point which merits attention is that “ Is there no accountability for our political Executive, and should things come to such a pass that the high command has to step in and ask for the resignation of any of its non performing minister ? “ We hope that now things would be different especially where the accountability of the ministers are concerned.

Of course , it would be too much to ask for a moral conviction from the Ministers these days, who would gracefully step down the moment, there are serious questions in the minds of the public regarding their suitability to their respective posts.

Yes , this is not to suggest that just with the change of one individual, things would improve overnight. But at least, it is expected that hopefully, with a competent person at the helm of the affairs, the necessary steps would be taken to overhaul the internal security apparatus, to make things much better as what prevails today.

What adds to the agony of every citizen, is the usual announcement after every terrorist strike, that there were some intelligence inputs giving advance warning against a possible terror strike. In fact, in the second page of Economic Times dated 28th November 2008, there was a mention that both our NSA, and the Union Home Minister Mr. Shivraj Patil had warned on the terror outfit’s game plan to infiltrate through the sea route and target vital installations along the coast.

The front page of Hindustan Times dated 1st December carries a newsitem, “ Mumbai attack warning came a year ago” in which it is clearly mentioned that our intelligence agencies had information at least a year ago that the Pakistan based jehadi outfit Lashkar e Tayyeba, was planning to attack Mumbai’s five star hotels after coming to the city via sea. This was disclosed by Fahim Ahmed Ansari , a LeT operative arrested from Uttar Pradesh.

Then the front page of the same newspaper dated 2nd December states “26/11 could have been stopped”. In the said newsitem, it is clearly stated that on September 18th, September 24th, and on November 19th R&AW received various intercepts from the Lashkar e Tayeeba, which revealed their plans to attack some hotels in Mumbai including the Taj, and that that the attackers would be using the sea route. The newsitem further states that R&AW passed on the information contained in each intercept on the very day to the centralized intelligence group set up by the National Security Advisor. What happened subsequently is still a mystery.

Such newsitems, only add as that proverbial salt on our wounds. Who is to be held accountable for no action taken on such intelligence inputs ? The Coast Guard, Navy, Mumbai Police, or the Union Home Ministry ?

Secondly, are such kind of warning just taken with a pinch of salt, as is obvious with the events subsequently ? And above all, if Mr, Patil himself had the kind of information about such kind of an attack, did he consider his responsibility to be over after delivering that warning ? What was his or his ministry’s follow up subsequent to that warning ? If nothing, then what is the use of maintaining such kind of a bureaucratic apparatus ?

There is no use blaming the elements from Pakistan trying to sabotage peace and harmony of our country, to cover for our lack of preparedness and willingness to tackle the same. on a timely basis . Furthermore, there is also no point in taking up the matter with the Pakistani Government , as their capability as well as the necessary motivation to address our concerns could be doubted quite easily. Rather, a much better strategy would be to effectively combat the situation before it can create such kind of a havoc thereby raising the cost considerably for any such elements across the world, who may have such evil designs on our country

Your Lordship, though there is a talk of a creating a Federal Agency in India, to tackle the menance of terrorism, what we are conveniently forgetting is the fact that, any agency is as good or as bad as the overall competencies, attitude, motivation, and the state of preparedness of that particular agency. There is no dearth of intelligence agencies and law enforcing agencies at present, either at the central or the state levels. What seems to be lacking are the competencies, motivation, priorities, right infrastructure and equipment, and above all a perfect coordination between them, where sharing of intelligence inputs is concerned and subsequent follow ups to ensue that the end objective of securing our nation is realized.

I distinctly recall reading a newsitem sometime back, regarding a naxal attack at a police post in a town in Madhya Pradesh, where the policemen on duty did not offer any resistance at all, and on the contrary allowed the naxals to loot the weapons and ammunition which was otherwise meant to be used against those very naxals. Assuming this report to be authentic, who should be sharing the blame for this incident ? Certainly, this was not an isolated incident.

What we need to first evaluate and identify, are the various inefficiencies in the existing set of intelligence and law enforcing agencies , and rectify the same. To take a typical case, there are reports of political interference in the working of some of such existing agencies , by some unscruplous politicians, who are hell bent upon fulfilling their own interests by mindless pursuit of votebank politics etc, at the cost of our nation’s security. This is indeed a serious issue which needs to be addressed by a determined political leadership at the earliest.

What’s the use of creating more agency/ies, if we are not able to ensure that they would be able to function efficiently, effectively, and without any political affiliations or interferences ?

Above all, assuming that the reports of previous warnings of such terrorist attacks are indeed authentic, then one thing which comes out quite clearly, is the lack of coordination between the various agencies, and the defense units, coupled with the total indifference to such warnings, the result of which is there for all to see.

Who all are being held accountable for such irresponsibilities, and what is being done prevent a reoccurrence of such lapses in the future ? It would be better to reflect upon such issues, before we decide upon another agency to tackle the challenge of national security.

Now even if a Federal Agency is created, what is the assurance that it will deliver or will be allowed to deliver the end objectives effectively, efficiently, and impartially, and not be just a waste of the taxpayer’s money ? It would help if a serious consideration is given to this question beforehand.

Then, it is really disgusting to see some of our politicians both active and inactive, making a vulgar display of the kind of security apparatus, which they have been given, at the cost of we taxpayer’s money and at the cost of we tax payers’ security.

This needs to be rationalized. The state should extent the security cover only to those highly placed government servants, ministers, or any such important serving authorities like some of the senior members of our judiciary, against whom there is credible intelligence input of a threat to life from a either a terrorist outfit or any antisocial elements etc. Furthermore, the kind of minimum essential security cover that needs to be extended, on a case to case basis, should also be a decided upon judiciously.

Once that person ceases to be in office, or service, such facility should be reviewed, and be continued only if there are compelling reasons with specific respect to the overall law and order situation in the city, state or country. And if not, then such security should be withdrawn, and the affected individual could engage a private security at his own cost. Why should we taxpayer’s pay for the same now and at the cost of our own security?

Your Lordship, it would be naïve to suggest that this would be the last terror attack on our soil. But for God's sake now at least, let us realize the fact that we are at war with the terrorists, and declared an all out war, besides getting into the right preparations on political, diplomatic, and security related fronts on a war footing, so that we can meet any such eventually with relative ease, as and when it occurs in the future.

There is no use spending obscene amount of money in our defense preparedness and procuring the most sophisticated weapons to defend our borders, while remaining vulnerable to such highly motivated terrorists who are able to make a complete mockery of our intelligence agencies, and security apparatus.

And finally, after the late Inspector M.C. Sharma it was the turn of the high-profile chief of the anti-terror squad Hemant Karkare , and Mumbai's additional commissioner of police (east) Ashok Kamte, and encounter specialist Vijay Salskar to be martyred. While the late Hemant Karkare perhaps misjudged the situation, and took off his bullet proof vest which proved fatal shortly after, it appears that probably the other two were without such protective gear at the time of attack on them, while they were at the scene of the encounter. Yes, this issue also applies in the case of others as well who were martyred in this operation.

One wonders, what's really wrong with our systems, or procedures that we have to pay such a heavy price, and that too unnecessarily, during such combat operations ? Their lives are very precious to all of us, and our nation as a whole would suffer by losing such gems. Could the authorities take notice of this fact now at least, and develop proper procedures to minimize if not totally prevent such avoidable causalities during such encounters ?

Isn’t it a wonder that after Sept 11, 2001 the US hasn’t had a single terrorist strike on its soil, while we, the oldest victim of terror since 1989, are still keeping our fingers crossed, wondering which city is next to be targetted ?

Your Lordship, if you do agree with my feelings and sentiments as expressed in this letter of mine, then perhaps, one fine day we could witness a directive from the Honourable Supreme Court directing our Executive to get its act in order, and be self reliant at least where the ability of our nation to protect the life and property of its citizens is concerned, besides of course preventing any perception in the world community that India is not a safe place to do business, something which could have dire consequences for our overall progress and development.


Most Respectfully,


Navneet Dhawan




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