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Why India must step up its global campaign to nail Pak-sponsored terror

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 Nov 30: The 14th anniversary of the gruesome Mumbai terror attacks has gone by without its perpetrators being brought to justice. Those massacred belonged to many nationalities, including 6 Americans, yet Pakistan has escaped international pressure to try those involved in planning and committing this heinous crime. A Pakistani, Ajmal Kasab, was caught, tried and hanged, providing proof of Pakistani complicity. India was counselled, as usual, to show restraint and not retaliate by the US, the EU and Russia too, because of concerns of a conflict between two nuclear powers.

It is ironical that the nuclear overhang is not a matter of concern today when a proxy war in Ukraine is being openly conducted by the world’s pre-eminent nuclear war, the US, against Russia, a peer nuclear power, seemingly unmindful of it potentially escalating to a nuclear level. Ukraine’s leader has asked for a pre-emptive nuclear strike against Russia, without causing a public storm in the West. There is loose talk in the West about Russia using tactical nuclear weapons in Ukraine as a viable option. The nuclear plant at Zaporizhzhia is being shelled, raising the possibility of nuclear contamination, but Ukraine is being sheltered from any responsibility by the West as not doing so would compel a change in the present narrative that paints Putin as the unqualified villain and Zelensky as the unvarnished hero.

Under the cloak of nuclear-related concerns the West has sought to dissuade India from reacting strongly to Pakistan’s terrorist attacks and give a protective cover to that country as a result of a historical bias in its favour and continuing geopolitical interests there. The West has always pushed for dialogue to resolve all outstanding issues between the two countries. For long, the West, without saying so too openly, has viewed Pakistan’s use of terrorism as a consequence of the unresolved Kashmir issue, implying that it had a cause. This was a way to obfuscate the terrorism issue, give it some “legitimacy” by linking it to the Kashmir issue, on which the West still equivocates.

This is apparent from the statements by German Foreign Minister Baerbok in June and October this year in the company of her Pakistani counterpart to the effect that the UN must ensure human rights in Kashmir and that Germany had a role and responsibility in addressing the Kashmir issue with the involvement of the UN. More recently, the UK Minister of State in the Foreign Office in a debate initiated by a Pakistani origin peer in the House of Lords said that the Kashmir issue should be resolved between India and Pakistan “taking into account the wishes of the Kashmiri people.” This are code words for self-determination, implying that the issue of sovereignty over Kashmir is still open. Aware that Pakistan Occupied Kashmir has been the staging ground for Pakistani terrorism against India, the US ambassador to Pakistan recently visited what he called “Azad Kashmir”.

In the case of the US, its war on terror in our region has been full of contradictions and compromises. After the 9/11 terrorist attacks on its soil the US attacked Afghanistan and ousted the Taliban government. It acknowledged but overlooked the safe havens and support Pakistan gave to the Taliban in its bid to take over power in Afghanistan with the liberal use of the arm of terrorism. Eventually, with Pakistan’s assistance the Americans entered into negotiations with the very Taliban that they had ousted years earlier, unchanged in their Islamist ideology and practices. The US, despite its global combat against Al Qaida, preferred to overlook the fact that Pakistan had sheltered Osama bin Laden for several years. The US had called the Haqqani group as a veritable arm of the ISI and now that group is in charge of the security in Kabul. The decision by the US to grant $450 million to Pakistan to upgrade its F 16s for counter-terrorism purposes – which our External Affairs Minister has dismissed as a valid explanation- indicates the complexity of the challenge India faces from Pakistan’s terrorist affiliations.

The Indian government in power when 26/11 occurred not only shied away from imposing a deserving cost on Pakistan, it resumed the comprehensive dialogue with it after a few months, showing weakness in signaling that it saw no choice but to engage Pakistan. This emboldened Pakistan to conduct more terrorist attacks against India in the following years, which continued till the present government, which initially also explored the possibility of reaching some understanding with Pakistan on abjuring terrorism as a weapon against India, but then conducted surgical strikes inside Pok after the Uri attack and after Pulwama inside Pakistan as a warning that India would henceforth retaliate forcefully against any terrorist attacks.

India has since then pursued a pro-active policy in raising its concerns about terrorism bilaterally with partners and in all multilateral forums, with some gains as the phrase “cross border terrorism” has figured in our joint statements with many countries, and LeT, JeM, HuM and other jihadi organisations have been identified as terrorist organisations. Some have been included in the UN list of terrorists, but some key figures have not been because of China’s obstructionism. China, which never condemned the 2008 Mumbai attacks, protects Pakistan on the issue of terrorism by lauding its combat against it and incurring costs as a result.

Through the Financial Action Task Force (FATF), which sets standards and seeks to promote effective implementation of legal, regulatory and operational measures for combating money laundering, terrorist financing etc, Pakistan has been subjected to pressure by its inclusion in the grey list of countries that do not adequately comply with these standards and measures. In its precarious financial situation when it needs IMF financing etc, it has been compelled to satisfy the FATF on several parameters for meriting removal from the grey list. It has jailed Hafiz Saeed and some others for terror financing but not for 26/11, which means that he and others have escaped trial for master minding the Mumbai attacks, a trial that would have revealed the identity of all those in the Pakistan establishment involved in them. Pakistan has thus escaped real accountability.

In October, Pakistan was removed form the grey list. India reminded the global community that it was in its interest that Pakistan continued to take credible, verifiable, irreversible and sustained action against terrorism and terror financing emanating from territories under its control. Pakistan has been on the FATF’s grey list twice before and was removed despite maintaining its terrorist infrastructure. With the radicalisation that has occurred in Pakistan, visible in the street power of the Islamist groups that the political establishment has not been able to handle without compromises, and which is now being mobilised by Imran Khan, it would be a leap of faith to believe that the extremist groups well integrated with the society at large in Pakistan would give up their vocation for jihad and not raise funds for that purpose.

With India still serving its term on it, the UN Security Council held a Special Meeting of its Counter Terrorism Committee in India on October 28/29. India did well to expose the Committee to the 26/11 attacks in a programme in Mumbai, including exchanges with those that lived through that horror. It reminded the Committee members of the need to bring to justice the perpetrators who remain protected and unpunished (a reference to Pakistan), as well as the inability of the UN to act in some cases because of political considerations ( a reference to China). India conveyed a message on issues that still need addressing: terrorism still gets the necessary financial resources to thrive, UN efforts need to be coordinated with the FATF and the Egmont Group, the Security Council sanctions regime should function transparently and effectively on the listing of terrorist groups etc.

India rightly drew attention to the misuse of the emerging technologies by non-state actors and “lone wolf attackers” for terrorism purposes. These have thrown up new challenges for the governments and regulatory bodies. The internet and social media platforms have become potent instruments in the toolkit of terrorist groups along with the use of unmanned aerial systems against strategic infrastructure and commercial assets. In Punjab we have seen Pakistan using drones to drop weapons and drugs across the border. The Delhi Declaration of October 29 expresses these concerns in the context of the need to counter the use of new and emerging technologies for terrorist purposes.

The cause of justice in the case of 26/11 was not served by India itself by resuming our dialogue with Pakistan despite those abominable attacks, the conspiracy theories that sections of our political class in India built around what happened, the equivocation of the West on taking Pakistan to task for its own geopolitical interests and the fact that India itself seemed reconciled to what it suffered by re-engaging Pakistan, and China’s double dealing on terrorism issues in support of Pakistan.

India is doing well, however, to keep drawing the attention of the international community to the threat of terrorism, even as Pakistan seems off the hook on the issue with its changed ties with the US, outreach to it by Russia and support of China, and with the “war on terror” now off the US agenda. India remains vulnerable with Pakistan and a Talibanised Afghanistan next door, not to mention the emergence of the Islamic State elements there. By maintaining the focus on terrorism India is indirectly maintaining pressure on Pakistan to contain its terrorist proclivities.

(Kanwal Sibal is India’s former Foreign Secretary and Ambassador to Russia. Views expressed are personal and exclusive to India Narrative)

Crime

CJI-led SC bench fixes Jan 29 to hear suo moto RG Kar case

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New Delhi, Jan 22: The Supreme Court on Wednesday fixed January 29 for hearing the matter where it has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata in August 2024.

“We will take it up at 2 pm next Wednesday (January 29),” said a bench of CJI Sanjiv Khanna and comprising Justices Sanjay Kumar and KV Viswanathan as it deferred the hearing due to paucity of time.

The CJI Khanna-led Bench asked senior advocate Karuna Nundy, representing the associations of medical professionals, to provide a copy of interlocutory applications filed to the other side.

Meanwhile, the West Bengal government has approached the Calcutta High Court, challenging the verdict of a Kolkata special court awarding life imprisonment to Sanjay Roy, the sole accused and the convict in the rape and murder case of the woman doctor.

As the matter came up for hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition filed by the state government and questioned the grounds on which it could make such an appeal.

Deputy Solicitor General, Rajdeep Majumdar, argued that it was only the CBI, which is the investigating agency in the case, and the victim’s parents who could move such a plea at a higher court, and not the state government, which is not a party in the case.

To support his contention, Majumdar referred to a case filed by the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the state government’s plea was not considered by the Patna High Court.

Whether the West Bengal government’s petition will be admissible or not will be decided by the Calcutta High Court on January 27.

Earlier, West Bengal Chief Minister Mamata Banerjee announced that the Bengal government would move the Calcutta High Court challenging the quantum of the sentence and the state government would be seeking the death penalty for the convict.

“I am convinced that it is indeed a rarest of rare cases which demands capital punishment. We want to insist upon the death penalty in this most sinister and sensitive case,” the Chief Minister said.

While pronouncing the quantum of the sentence, special court judge Anirban Das said that the Central Bureau of Investigation’s (CBI) contention that Roy’s offence in the matter was “the rarest and rare crimes” was not tenable.

Hence, the judge observed that instead of the “death penalty”, Roy, an erstwhile civic volunteer attached to Kolkata Police, be sentenced to “life imprisonment”. Apart from that a fine of Rs 50,000 was also imposed on Roy.

The special court, at the same time, directed the West Bengal government to pay a compensation of Rs 17 lakh to the family of the deceased victim.

It observed that since the victim was raped and murdered at her workplace, which is a state-government entity, the West Bengal government is legally bound to pay compensation to the victim’s family.

In an earlier hearing held in November 2024, the Supreme Court had remarked that it would not pass any direction to transfer the trial of the ghastly rape and murder case outside West Bengal.

A bench, headed by then CJI D.Y. Chandrachud, turned down the oral prayer made by a lawyer seeking transfer of trial outside West Bengal.

“Yes, we have transferred cases (of gender violence) in Manipur. But we are not doing anything like that here,” it had remarked.

The apex court had noted that the trial would commence on November 11 at a special court in Kolkata after charges were framed against the “sole prime accused” in the case, Sanjay Roy.

The process of the framing of charges was completed on November 4, exactly 87 days after the body of the woman junior doctor was discovered at a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.

In October, the CBI filed its first charge sheet against Roy, a civic volunteer with Kolkata Police, in the alleged rape and murder case.

In the charge sheet, the CBI did not rule out the possibilities of a larger conspiracy behind the macabre crime that prompted alleged events of tampering and altering of evidence during the initial phase of the investigation which was carried out by Kolkata Police.

Besides Roy, two others arrested by the CBI officials in the matter are RG Kar Medical College and Hospital’s former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar comes under the jurisdiction of Tala Police Station.

The main charges against Ghosh and Mondal are for misleading the investigation when the Kolkata Police were probing the matter before it was handed over to CBI by the Calcutta High Court.

Both have been accused of tampering with evidence in the case. Taking suo moto cognisance of the rape and murder case of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court had termed the incident “horrific,” which raises the “systemic issue of safety of doctors across the country”.

“We are deeply concerned about the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” it had said.

The apex court had ordered the formation of the NTF (National Task Force) to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.

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Crime

Saif, family should narrate horrific knife attack: Sanjay Nirupam

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Mumbai, Jan 22: Shiv Sena leader Sanjay Nirupam defended his remarks about Bollywood actor Saif Ali Khan’s “swift” recovery following a knife attack at his Bandra residence, urging the actor’s family to clarify the events surrounding the incident.

Nirupam’s remarks came after Saif was discharged from Lilavati Hospital just five days after sustaining serious injuries, including spinal and neck injuries, during a burglary attempt at his 12th-floor flat in the upscale ‘Satguru Sharan’ building.

Speaking to Media, Nirupam said, “Whatever happened to Saif Ali Khan on January 16 is deeply concerning. While we respect the family, it is surprising to see Saif looking fit enough to shoot just days after being discharged. The doctors had stated the knife penetrated 2.5 inches into his back, requiring a six-hour operation. How is such a swift recovery medically possible?”

He added that Saif’s rapid recovery raises questions about the initial severity of the injuries described by doctors and witnesses. Nirupam demanded that both the family and the medical team provide clarity on the “horrific” knife attack.

“When Saif was attacked, it became a matter of law and order in Mumbai. Opposition leaders accused the government and Home Minister of failing. In such a situation, the family should explain what transpired,” Nirupam said.

Nirupam also commented on the accused, Mohammad Shariful Islam Shehzad, a Bangladeshi national arrested by the Mumbai Police. He called for strict action against such individuals, citing the involvement of Bangladeshis in criminal activities in the city.

The Mumbai Police arrested the accused, a 30-year-old Bangladeshi national, from Thane city. The intruder allegedly stabbed Saif multiple times during a struggle, escaping the scene and hiding in the building’s garden for two hours before fleeing.

“The police will have to be given some benefit of the doubt because when such an incident takes place, a big incident occurs, then there is a lot of pressure on the police, and when it is felt from all sides that law and order has collapsed,” he said.

“I do not think it is right to doubt the capability of Mumbai police immediately, as it is sufficient to solve any type of criminal incident,” Nirupam said.

The 54-year-old actor, who underwent neurosurgery and plastic surgery, was advised complete bed rest for a week and has been asked to avoid visitors to prevent infection. Despite his injuries, Saif walked out of the hospital without a wheelchair, escorted by heavy police security.

Meanwhile, Saif has returned to his Bandra home under tight security. The actor has been advised to focus on his recovery as the investigation continues.

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Crime

RG Kar Rape & Murder Case: West Bengal Govt Seeks Death Penalty, Calcutta HC To Hear Case On January 27

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Kolkata: The West Bengal government has appealed to the Calcutta High Court’s Division Bench against the trial court’s life imprisonment verdict convicting Sanjay Roy in the RG Kar case. The next hearing in the case will be held on 27th January.

Advocate General Kishore Dutta has approached the division bench of Justice Debangshu Basak, seeking the death penalty for Sanjay Roy. The matter has been allowed to be filed.

The Sealdah Civil and Criminal Court announced life imprisonment for the accused Sanjay Roy in the RG Kar rape and murder case. Along with this, the court has also fined Rs 50,000 to the accused.

West Bengal CM Mamata Banerjee Expresses Dissatisfaction

Earlier, West Bengal Chief Minister Mamata Banerjee on Monday expressed dissatisfaction over the court giving life imprisonment to the convict in the RG Kar hospital rape-murder case and said if the case had been with Kolkata Police, they would have ensured a death penalty.

“I learned about the sentencing from the media. We have always demanded capital punishment and we continue to stand by it. However, this is the court’s decision and I can’t say much about this. For three other cases, Kolkata police ensured capital punishment through thorough investigations concluded within 54-60 days. This was a serious case. Had it been under our purview, we would have ensured the death penalty long back,” CM Mamata said while addressing the media at Malda.

Victim’s Father Rejects Compensation

On Monday, RG Kar’s rape and murder case victim’s father rejected the Rs 17 lakh compensation and said that he will move to a higher court seeking the death penalty for the accused.

Speaking to Media, the victim’s father said “What the Court thinks as a good judgement based on the evidence produced by the CBI, the Court has given that verdict. We have a lot of questions on the investigation done by CBI. We did not go to the court for compensation. We want justice, not compensation. Kolkata police did wrong and the CBI will have to do something. The Kolkata police have given us more pain than the passing away of my daughter.”

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