ದುರ್ಗದ ಹುಡುಗರು ಮತ್ತು ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನ

ಯಾವುದೋ ಮಾಹಿತಿಗೆ ಎಂದು ಡೆಕ್ಕನ್ ಹೆರಾಲ್ಡ್ ಮಿತ್ರ ಸತೀಶ್ ಶಿಲೆಯನ್ನು ಸಂಪಕಿಱಸಿದ್ದಾಗ ಆತ ದುರ್ಗವನ್ನು ಕುರಿತ, ಅದರಲ್ಲೂ ವಿಶೇಷವಾಗಿ ದುರ್ಗದಲ್ಲಿ ನಡೆಯಬೇಕಾಗಿರುವ 75 ನೇ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನ ಕುರಿತ ವೆಬ್ ಲಿಂಕ್ http://ka16kss75.blogspot.com/ ಕಳುಹಿಸಿದ್ದ.
ತಕ್ಷಣ ಅದನ್ನು ಓಪನ್ ಮಾಡಿ ನೋಡಿದೆ. ಖುಷಿಯಾಯ್ತು. ಎಕೆಂದರೆ ಈಗ ಎಲ್ಲರದ್ದೂ ಒಂದೊಂದು ಪ್ರತ್ಯೇಕ ವೆಬ್ ಸೈಟ್ಗಳು, ಪ್ರತ್ಯೇಕ ಬ್ಲಾಗ್ ಗಳು, ಪ್ರತ್ಯೇಕ ಚಿಂತನೆಗಳು… ಎಲ್ಲವೂ ಪ್ರತ್ಯೇಕ. ಆದರೆ ಈ ದುರ್ಗದ ಹುಡುಗರು ವೆಬ್ ಸೈಟ್ ಇದೆಯಲ್ಲ, ಇದು ಯಾರದ್ದೋ ಒಬ್ಬರ ಬ್ಲಾಗ್ ಅಲ್ಲ. ಅದು ಎಲ್ಲಾ ದುರ್ಗದ ಹುಡುಗರದ್ದು. ಅದರಲ್ಲೂ ದುರ್ಗದ ಬಂಡೆಗಳ ನಡುವಿನಿಂದ ಎದ್ದು ಬಂದ ಪತ್ರಕರ್ತ ಮಿತ್ರರದ್ದು. ಒಂದು ಒಳ್ಳೆಯ ಉದ್ದೇಶಕ್ಕಾಗಿ ಈ ಬ್ಲಾಗ್ ಆರಂಭಿಸಿದ್ದಾರೆ.
ಈ ಬ್ಲಾಗಿನ ಹಿಂದೆ ದುಗಱದ ಹುಡುಗರೂ, ಕನ್ನಡ ಪ್ರಭದ ಮಿತ್ರರಾದ ಕುಮಾರ್ (ಅಲೆಮಾರಿ), ಮಂಜುನಾಥ್ ಸ್ವಾಮಿ ಹಾಗೂ ಸತೀಶ್ ಶಿಲೆ ಇವರ ಪ್ರಯತ್ನವಿದೆ. ಕನಸಿದೆ. ಮುನ್ನೋಟವಿದೆ. ಇದು ಹುಟ್ಟಿಕೊಂಡದ್ದೇ ಚಿತ್ರದುಗಱದಲ್ಲಿ 75 ನೇ ಕನ್ನಡ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನಕ್ಕಾಗಿ. ಯಾವಾಗ ಚಿತ್ರದುಗಱದಲ್ಲಿ ಈ ರೀತಿ 75 ನೇ ಸಮ್ಮೇಳನ ನಡೆಯುತ್ತೆ ಅಂತ ತಿಳಿಯಿತೋ, ಆಗಲೇ ಇವರೆಲ್ಲ ಈ ಬಗ್ಗೆ ನಡೆಯುವ ಎಲ್ಲಾ ಸುದ್ದಿ, ಬೆಳವಣಿಗೆ, ಚಚೆಱಗೆ ಮೀಸಲಾದ ಬ್ಲಾಗ್ ಆರಂಭಿಸಲು ಚಿಂತಿಸಿ, ಆರಂಭಿಸಿಯೇ ಬಿಟ್ಟರು.
ಬ್ಲಾಗ್ ನಲ್ಲಿ “ಏಳು ಸುತ್ತಿನ ಕೋಟೆಯ ನಾಡು ಚಿತ್ರದುರ್ಗದಲ್ಲಿ ೭೫ನೇ ಕನ್ನಡ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನ. ಸಮ್ಮೇಳನದ ಅಮೃತಮಹೋತ್ಸವ. ಸರ್ವರಿಗೂ ಸುಸ್ವಾಗತ…” ಎನ್ನುವ ಮೂಲಕ ಆಗಲೇ ಸಾಹಿತ್ಯಾಸಕ್ತರನ್ನು ತಮ್ಮೂರಿಗೆ ಆಹ್ವಾನಿಸಲು ಆರಂಭಿಸಿದ್ದಾರೆ. ಬ್ಲಾಗ್ ಉದ್ದೇಶ ವಿವರಿಸುತ್ತಾ, “ನಾವು ದುರ್ಗದ ಹುಡುಗರು.. ನಮ್ಮೂರಲ್ಲಿ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನ ನಡೆಯುತ್ತೆ ಅನ್ನೋ ಸುದ್ದಿ ನಮಗೆ ತುಂಬಾ ಸಂತೋಷ ತಂದಿದೆ. ಈ ಹಿನ್ನೆಲೆಯಲ್ಲಿ ನಮಗೆ ತಿಳಿದ ಮಟ್ಟಿಗೆ ಚಿತ್ರದುರ್ಗದ ಮಾಹಿತಿಯನ್ನು ಇಲ್ಲಿ ಹಂಚಿಕೊಳ್ಳುತ್ತೇವೆ.” ಎಂದು ತಿಳಿಸಿದ್ದಾರೆ.
2007, ಡಿಸೆಂಬರ್ 15 ರ ಪ್ರಥಮ ಬರಹದಲ್ಲಿ “ಈ ಹಿನ್ನೆಲೆಯಲ್ಲೇ ಸಿದ್ಧವಾದ ಈ ಬ್ಲಾಗಿನಲ್ಲಿ ಇನ್ನು ಮುಂದೆ ಚಿತ್ರದುರ್ಗದ ಸಾಂಸ್ಕೃತಿಕ ವಿವರಗಳನ್ನು ಪ್ರಯತ್ನ ಮಾಡುತ್ತೇವೆ. ಜಿಲ್ಲೆಯ ಸಾಹಿತ್ಯ, ಸಂಸ್ಕೃತಿ, ಪರಂಪರೆಯ ಜೊತೆಗೆ ಸಾಮಾಜಿಕ ಸಮಸ್ಯೆಗಳು, ಶಿಕ್ಷಣ, ರಾಜಕೀಯ, ಪ್ರವಾಸೋದ್ಯಮ ಹತ್ತಾರು ವಿಷಯಗಳನ್ನು ಹಂಚಿಕೊಳ್ಳಲಾಗುವುದು” ಎಂದಿದ್ದಾರೆ.
ಹೀಗೆ ಹುಮ್ಮಸ್ಸಿನಿಂದ ಬ್ಲಾಗ್ ಆರಂಭಿಸಿ ಸುಮ್ಮನೇ ಕೂಡಲಿಲ್ಲ. ಅದರಲ್ಲಿ ಈ ಸಮ್ಮೇಳನ ಕುರಿತು ಬರೆಯಲು ಆರಂಭಿಸಿದರು. ಸಮ್ಮೇಳನದ ಬಗ್ಗೆ ಅಡ್ಡ ಬಾಯಿ ಹಾಕುವವರಿಗೆ, ಅಪಶಕುನ ನುಡಿಯುವವರನ್ನು ಸರಿಯಾಗಿಯೇ ತರಾಟೆಗೆ ತೆಗೆದುಕೊಂಡಿದ್ದಾರೆ.
ಇಡೀ ಬ್ಗಾಗ್ ನಲ್ಲಿ ಒಂದು ಸುತ್ತು ಹೋಗಿ ಬಂದರೆ ಇಡೀ ದುಗಱದ ಒಂದು ಝಲಕ್ ಲಭ್ಯ.
ಅಷ್ಟಕ್ಕೂ ದುಗಱದಲ್ಲೇನು ಕೊರತೆ ಇದೆ? ಊರು ಇಲ್ಲಿನ ದರಿದ್ರ ರಾಜಕಾರಿಣಿಗಳಿಂದಾಗಿ ಇನ್ನೂ ನೆಟ್ಟಗೆ ಆಗಬೇಕಾದಷ್ಟು ಅಬಿವೃದ್ಧಿ ಆಗಿಲ್ಲ. ಇದನ್ನು ಬಿಟ್ಟರೆ, ಸಾಹಿತ್ಯದ ಕಂಪು ಇಲ್ಲಿ ಸಾಕಷ್ಟು ಘಮಘಮಿಸಿದೆ. ಕೆಟ್ಟ ಬಿಸಿಲಿನಲ್ಲೂ ಕಣ್ಣು ತಂಪಾಗಿಸುವ ದುಗಱದ ಉಕ್ಕಿನ ಕೋಟೆ ಇದೆ. ಒನಕೆ ಓಬವ್ವ ಇದ್ದಾಳೆ. ಮದಕರಿ ನಾಯಕನಿದ್ದಾನೆ. ಅದ್ಭುತ ಎನ್ನಿಸುವ ಇತಿಹಾಸವಿದೆ. ಐತಿಹಾಸಿಕ ಸ್ಥಳಗಳಿವೆ. ಅಷ್ಟೇ ಅಲ್ಲ, ಈ ಸಮ್ಮೇಳನ ನಡೆಸುವ ಮೂಲಕ ದುಗಱವನ್ನು ರಾಜ್ಯದ, ಅಷ್ಟೇಕೆ? ರಾಷ್ಟ್ರದ ಪ್ರಮುಖ ಪ್ರವಾಸಿ ಥಾಣವನ್ನಾಗಿ ಮತ್ತೊಮ್ಮೆ ಬಿಂಬಿಸಲು ಅವಕಾಶವೂ ಇದೆ.
ಇಷ್ಟೆಲ್ಲಾ ಸಾಧ್ಯತೆಗಳಿರುವ, ಕನ್ನಡ ಸಾಹಿತ್ಯ ಲೋಕದಲ್ಲಿ ಮೈಲುಗಲ್ಲಾಗುವ 75 ನೇ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನ ತಮ್ಮ ಊರಿನಲ್ಲಿ ನಡೆದರೆ ಈ ದುಗಱದ ಹುಡುಗರಿಗೆ ಖುಷಿಯಾಗದೇ ಇದ್ದೀತಾ? ಇದಕ್ಕಾಗಿ ತಮ್ಮ ಅಳಿಲು ಸೇವೆ ಸಲ್ಲಿಸದೆ ಇರಲು ಆದೀತಾ? ಇದೆಲ್ಲದರ ಒಟ್ಟು ಫಲಿತಾಂಶವೇ ಈ ಬ್ಲಾಗ್.
ಬ್ಲಾಗ್ ನಲ್ಲಿ ಇರುವ ಬರಹಗಳು ಸಾಕಷ್ಟು ಬಿಸಿ ಮುಟ್ಟಿಸುವಂತಿವೆ. ಚಚೆಱಗೆ ಗ್ರಾಸವಾಗುವಂತಿವೆ. ಆದರೆ 75 ನೇ ಸಮ್ಮೇಳನಕ್ಕೆ ಇನ್ನೂ ದಿನಗಳು ದೂರ ಇವೆ. ಸಾಕಷ್ಟು ಅಡೆ ತಡೆಗಳು ಇವೆ. ರಾಜಕೀಯವಿದೆ. ಅದೆಲ್ಲದರ ನಡುವೆ ಎಲ್ಲರನ್ನೂ ಒಗ್ಗೂಡಿಸಿ, ಕನ್ನಡ ತೇರು ಎಳೆಯಲು ಆರಂಭವಾಗಿರುವ ಈ ಪುಟ್ಟ ಪ್ರಯತ್ನಕ್ಕೆ ಎಲ್ಲರೂ ಕೈ ಜೋಡಿಸಲೇಬೇಕು. ಅಷ್ಟರ ಮಟ್ಟಿಗೆ ದುಗಱದ ಹುಡುಗರು ಅಭಿನಂದನಾಹಱರು.
ಈ ಬ್ಲಾಗ್ 75 ನೇ ಸಮ್ಮೇಳನಕ್ಕೆ ಸೂಕ್ತ ವೇದಿಕೆಯಾಗಿದೆ. ಮಿತ್ರರು ಇದನ್ನು ಇನ್ನೂ ಚಂದಾಗಿ, ಇನ್ನೂ ಚಚೆಱಗೆ ಗ್ರಾಸವಾಗುವ ಬರಹಗಳನ್ನು ಪ್ರಕಟಿಸಲಿ. ಸಾಹಿತ್ಯ ಲೋಕ ಇದಕ್ಕೆ ಕೈ ಜೋಡಿಸಲಿ. ಆಸಕ್ತರು ಸಹ ತಮ್ಮ ಬರಹಗಳನ್ನು http://ka16kss75.blogspot.com ಅಥವಾ durgadahudugaru@gmail.com ಈ ಇ-ಮೇಲ್ ಗೆ ಕಳುಹಿಸಬಹುದು. ಪ್ರಕಟಿಸುವ ಹಾಗೂ ಬ್ಲಾಗ್ ನಿವಱಹಿಸುವ ಜವಾಬ್ದಾರಿ ದುಗಱದ ಹುಡುಗರದ್ದು.
75 ನೇ ಅಮೃತ ಮಹೋತ್ಸವದ ಸಾಹಿತ್ಯ ಸಮ್ಮೇಳನಕ್ಕೆ ಈ ರೀತಿ ಚಾಲನೆ ಸಿಗುವುದಾದರೆ ಅದಕ್ಕಿಂತ ದೊಡ್ಡ ಕನ್ನಡ ಸೇವೇ ಏನಿದೆ?

Published in: on ಜುಲೈ 28, 2008 at 1:36 ಫೂರ್ವಾಹ್ನ  Comments (2)  

ಪೋಟಾ ಎಂದರೇನು?

ಪೋಟಾ ಎಂದರೇನು? ಅದು ನಮಗೆ ಬೇಕಾ? ಬೇಡವಾ? ಅದು ಅಲ್ಪ ಸಂಖ್ಯಾತರನ್ನು, ಅದರಲ್ಲೂ ವಿಶೇಷವಾಗಿ ಮುಸ್ಲೀಮರನ್ನು ಗುರಿಯಾಗಿಸಿಕೊಂಡು ಸೃಷ್ಟಿಸಿದ ಕಾಯ್ದೆಯಾ? ಏಕೆ ಎನ್ ಡಿ ಎ ಸರಕಾರ ಅದನ್ನು ಜಾರಿಗೆ ತಂದಿತು? ಏಕೆ ಕಾಂಗ್ರೆಸ್ ನೇತೃತ್ವದ ಯುಪಿಎ ಸರಕಾರ ಅದನ್ನು ತೆಗೆದು ಹಾಕಿತು? ಪೋಟಾ ಕಾಯ್ದೆ ತೆಗೆದ ನಂತರ ದೇಶಾದ್ಯಂತ ಭಯೋತ್ಪಾದಕ ಚಟುವಟಿಕೆಗಳು ಹೆಚ್ಚಿವೆಯೇ?
ಇಂತಹ ಅನೇಕ ಪ್ರಶ್ನೆಗಳು ಬೆಂಗಳೂರಿನಲ್ಲಿ ಜುಲೈ 25 ರಂದು, ಗುಜರಾತ್ ನ ಅಹಮದಾಬಾದ್ ನಲ್ಲಿ ಮರುದಿನ ಜುಲೈ 26 ರಂದು ನಡೆದ ಸರಣಿ ಬಾಂಬ್ ಸ್ಪೋಟಗಳ ನಂತರ ಅನೇಕರಿಂದ ಕೇಳಿ ಬರುತ್ತಿವೆ. ಇಂತಹ ಪ್ರಶ್ನೆಗಳಿಗೆ ರಾಜಕೀಯ ಬಣ್ಣವೂ ಬಂದಿದೆ.
ಆದರೆ ಅಸಲಿಗೆ ಪೋಟಾದಲ್ಲಿರುವುದೇನು?
ಪೋಟಾ ಕಾಯ್ದೆಯ ಇಡೀ ಡ್ರಾಫ್ಟ್ ಇಲ್ಲಿದೆ. ಆಸಕ್ತರು ನೋಡಬಹುದು.

***
The Prevention of Terrorism Act, 2002
The Prevention of Terrorism Act, enacted on March 28, 2002,
replaced the Prevention of Terrorism Ordinance (POTO)
2001. The Act has now come into force after the President of
India gave his assent.
THE PREVENTION OF TERRORISM ACT, 2002
Act No. 15 of 2002
An Act to make provisions for the prevention of, and for dealing with, terrorist
activities and for matters connected therewith.
BE it enacted by Parliament in the Fifty-third Year of the Republic of India as
follows:—
CHAPTER I
Preliminary
1. Short title, application, commencement, duration and savings.-
(1) This Act may be called the Prevention of Terrorism Act, 2002.
(2) It extends to the whole of India.
(3) Every person shall be liable to punishment under this Act for every act or
omission contrary to the provisions thereof, of which he is held guilty in India.
(4) Any person who commits an offence beyond India which is punishable under this
Act shall be dealt with according to the provisions of this Act in the same manner as if
such act had been committed in India.
(5) The provisions of this Act apply also to—
(a) citizens of India outside India;
(b) persons in the service of the Government, wherever they may be; and
(c) persons on ships and aircrafts, registered in India, wherever they may be.
(6) Save as otherwise provided in respect of entries at serial numbers 24 and 25 of the
Schedule to this Act, it shall be deemed to have come into force on the 24th day of
October, 2001 and shall remain in force for a period of three years from the date of its
commencement, but its expiry under the operation of this sub-section shall not
affect—
(a) the previous operation of, or anything duly done or suffered under this Act, or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under this
Act, or
(c) any penalty, forfeiture or punishment incurred in respect of any offence under this
Act, or
(d) any investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid,
and, any such investigation, legal proceeding or remedy may be instituted, continued
or enforced and any such penalty, forfeiture or punishment may be imposed as if this
Act had not expired.
2. Definitions .-
(1) In this Act, unless the context otherwise requires,—
(a) “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);
(b) “Designated Authority” shall mean such officer of the Central Government not
below the rank of Joint Secretary to the Government, or such officer of the State
Government not below the rank of Secretary to the Government, as the case may be,
as may be specified by the Central Government or, as the case may be, the State
Government, by a notification published in the Official Gazette;
(c) “proceeds of terrorism” shall mean all kinds of properties which have been derived
or obtained from commission of any terrorist act or have been acquired through funds
traceable to a terrorist act, and shall include cash irrespective of person in whose
name such proceeds are standing or in whose possession they are found;
(d) “property” means property and assets of every description, whether corporeal or
incorporeal, movable or immovable, tangible or intangible and deeds and instruments
evidencing title to, or interest in, such property or assets and includes bank account;
(e) “Public Prosecutor” means a Public Prosecutor or an Additional Public Prosecutor
or a Special Public Prosecutor appointed under section 28 and includes any person
acting under the directions of the Public Prosecutor;
(f) “Special Court” means a Special Court constituted under section 23;
(g) “terrorist act” has the meaning assigned to it in sub-section (1) of section 3, and
the expression “terrorist” shall be construed accordingly;
(h) “State Government”, in relation to a Union territory, means the Administrator
thereof;
(i) words and expressions used but not defined in this Act and defined in the Code
shall have the meanings respectively assigned to them in the Code.
(2) Any reference in this Act to any enactment or any provision thereof shall, in
relation to an area in which such enactment or such provision is not in force, be
construed as a reference to the corresponding law or the relevant provision of the
corresponding law, if any, in force in that area.
CHAPTER II
Punishment for, and measures for dealing with, terrorist activities
3. Punishment for terrorist acts.-
(1) Whoever,—
(a) with intent to threaten the unity, integrity, security or sovereignty of India or to
strike terror in the people or any section of the people does any act or thing by using
bombs, dynamite or other explosive substances or inflammable substances or firearms
or other lethal weapons or poisons or noxious gases or other chemicals or by any
other substances (whether biological or otherwise) of a hazardous nature or by any
other means whatsoever, in such a manner as to cause, or likely to cause, death of, or
injuries to any person or persons or loss of, or damage to, or destruction of, property
or disruption of any supplies or services essential to the life of the community or
causes damage or destruction of any property or equipment used or intended to be
used for the defense of India or in connection with any other purposes of the
Government of India, any State Government or any of their agencies, or detains any
person and threatens to kill or injure such person in order to compel the Government
or any other person to do or abstain from doing any act;
(b) is or continues to be a member of an association declared unlawful under the
Unlawful Activities (Prevention) Act, 1967 (37 of 1967), or voluntarily does an act
aiding or promoting in any manner the objects of such association and in either case is
in possession of any unlicensed firearms, ammunition, explosive or other instrument
or substance capable of causing mass destruction and commits any act resulting in
loss of human life or grievous injury to any person or causes significant damage to
any property, commits a terrorist act.
Explanation.—For the purposes of this sub-section, “a terrorist act” shall include the
act of raising funds intended for the purpose of terrorism.
(2) Whoever commits a terrorist act, shall,—
(a) if such act has resulted in the death of any person, be punishable with death or
imprisonment for life and shall also be liable to fine;
(b) in any other case, be punishable with imprisonment for a term which shall not be
less than five years but which may extend to imprisonment for life and shall also be
liable to fine.
(3) Whoever conspires or attempts to commit, or advocates, abets, advises or incites
or knowingly facilitates the commission of, a terrorist act or any act preparatory to a
terrorist act, shall be punishable with imprisonment for a term which shall not be less
than five years but which may extend to imprisonment for life and shall also be liable
to fine.
(4) Whoever voluntarily harbors or conceals, or attempts to harbour or conceal any
person knowing that such person is a terrorist shall be punishable with imprisonment
for a term which shall not be less than three years but which may extend to
imprisonment for life and shall also be liable to fine:
Provided that this sub-section shall not apply to any case in which the harbour or
concealment is by the husband or wife of the offender.
(5) Any person who is a member of a terrorist gang or a terrorist organisation, which
is involved in terrorist acts, shall be punishable with imprisonment for a term which
may extend to imprisonment for life or with fine which may extend to rupees ten lakh
or with both.
Explanation.—For the purposes of this sub-section, “terrorist organisation” means an
organisation which is concerned with or involved in terrorism.
(6) Whoever knowingly holds any property derived or obtained from commission of
any terrorist act or has been acquired through the terrorist funds shall be punishable
with imprisonment for a term which may extend to imprisonment for life or with fine
which may extend to rupees ten lakh or with both.
(7) Whoever threatens any person who is a witness or any other person in whom such
witness may be interested, with violence, or wrongfully restrains or confines the
witness, or any other person in whom the witness may be interested, or does any other
unlawful act with the said intent, shall be punishable with imprisonment which may
extend to three years and fine.
4. Possession of certain unauthorized arms, etc.-
Where any person is in unauthorised possession of any—
(a) arms or ammunition specified in columns (2) and (3) of Category I or Category III
(a) of Schedule I to the Arms Rules, 1962, in a notified area,
(b) bombs, dynamite or hazardous explosive substances or other lethal weapons
capable of mass destruction or biological or chemical substances of warfare in any
area, whether notified or not, he shall be guilty of terrorist act notwithstanding
anything contained in any other law for the time being in force, and be punishable
with imprisonment for a term which may extend to imprisonment for life or with fine
which may extend to rupees ten lakh or with both.
Explanation.—In this section, “notified area” means such area as the State
Government may, by notification in the Official Gazette, specify.
5. Enhanced penalties.-
(1) If any person with intent to aid any terrorist contravenes any provision of, or any
rule made under the Explosives Act, 1884 (4 of 1884), the Explosive Substances Act,
1908 (6 of 1908), the Inflammable Substances Act, 1952 (20 of 1952) or the Arms
Act, 1959 (54 of 1959), he shall, notwithstanding anything contained in any of the
aforesaid Acts or the rules made thereunder, be punishable with imprisonment for a
term which may extend to imprisonment for life and shall also be liable to fine.
(2) For the purposes of this section, any person who attempts to contravene or abets,
or does any act preparatory to the contravention of any provision of any law, rule or
order, shall be deemed to have contravened that provision, and the provisions of subsection
(1) shall, in relation to such person, have effect subject to the modification that
the reference to “imprisonment for life” shall be construed as a reference to
“imprisonment for ten years”.
6. Holding of proceeds of terrorism illegal.-
(1) No person shall hold or be in possession of any proceeds of terrorism.
(2) Proceeds of terrorism, whether held by a terrorist or by any other person and
whether or not such person is prosecuted or convicted under this Act, shall be liable to
be forfeited to the Central Government or the State Government, as the case may be,
in the manner provided under this Chapter.
7. Powers of investigating officers and appeal against order of Designated
Authority.-
(1) If an officer (not below the rank of Superintendent of Police) investigating an
offence committed under this Act, has reason to believe that any property in relation
to which an investigation is being conducted, represents proceeds of terrorism, he
shall, with the prior approval in writing of the Director General of the Police of the
State in which such property is situated, make an order seizing such property and
where it is not practicable to seize such property, make an order of attachment
directing that such property shall not be transferred or otherwise dealt with except
with the prior permission of the officer making such order, or of the Designated
Authority before whom the properties seized or attached are produced and a copy of
such order shall be served on the person concerned.
(2) For the removal of doubts, it is hereby provided that where an organisation is
declared as a terrorist organisation under this Act and the investigating officer has
reason to believe that any person has custody of any property which is being used or
is intended to be used for the purpose of such terrorist organisation, he may, by an
order in writing, seize or attach such property.
(3) The investigating officer shall duly inform the Designated Authority within fortyeight
hours of the seizure or attachment of such property.
(4) It shall be open to the Designated Authority before whom the seized or attached
properties are produced either to confirm or revoke the order of attachment so issued:
Provided that an opportunity of making a representation by the person whose property
is being attached shall be given.
(5) In the case of immovable property attached by the investigating officer, it shall be
deemed to have been produced before the Designated Authority, when the
investigating officer notifies his report and places it at the disposal of the Designated
Authority.
(6) The investigating officer may seize and detain any cash to which this Chapter
applies if he has reasonable grounds for suspecting that—
(a) it is intended to be used for the purposes of terrorism;
(b) it forms the whole or part of the resources of an organisation declared as terrorist
organisation under this Act:
Provided that the cash seized under this sub-section by the investigating officer shall
be released not later than the period of forty-eight hours beginning with the time when
it is seized unless the matter involving the cash is before the Designated Authority and
such Authority passes an order allowing its retention beyond forty-eight hours.
Explanation.—For the purposes of this sub-section, “cash” means—
(a) coins and notes in any currency;
(b) postal orders;
(c) traveller’s cheques;
(d) banker’s drafts; and
(e) such other monetary instruments as the Central Government or, as the case may
be, the State Government may specify by an order made in writing.
(7) Any person aggrieved by an order made by the Designated Authority may prefer
an appeal to the Special Court and the Special Court may either confirm the order of
attachment of property or seizure so made or revoke such order and release the
property.
8. Forfeiture of proceeds of terrorism.-
Where any property is seized or attached on the ground that it constitutes proceeds of
terrorism and the Special Court is satisfied in this regard under sub-section (7) of
section 7, it may order forfeiture of such property, whether or not the person from
whose possession it is seized or attached, is prosecuted in a Special Court for an
offence under this Act.
9. Issue of show cause notice before forfeiture of proceeds of terrorism.-
(1) No order forfeiting any proceeds of terrorism shall be made under section 8 unless
the person holding or in possession of such proceeds is given a notice in writing
informing him of the grounds on which it is proposed to forfeit the proceeds of
terrorism and such person is given an opportunity of making a representation in
writing within such reasonable time as may be specified in the notice against the
grounds of forfeiture and is also given a reasonable opportunity of being heard in the
matter.
(2) No order of forfeiture shall be made under sub-section (1), if such person
establishes that he is a bona fide transferee of such proceeds for value without
knowing that they represent proceeds of terrorism.
(3) It shall be competent for the Special Court to make an order in respect of property
seized or attached,—
(a) directing it to be sold if it is a perishable property and the provisions of section
459 of the Code shall, as nearly as may be practicable, apply to the net proceeds of
such sale;
(b) nominating any officer of the Central or State Government, in the case of any
other property, to perform the function of the Administrator of such property subject
to such conditions as may be specified by the Special Court.
10. Appeal.-
(1) Any person aggrieved by an order of forfeiture under section 8 may, within one
month from the date of the receipt of such order, appeal to the High Court within
whose jurisdiction, the Special Court, who passed the order appealed against, is
situated.
(2) Where an order under section 8 is modified or annulled by the High Court or
where in a prosecution instituted for the contravention of the provisions of this Act,
the person against whom an order of forfeiture has been made under section 8 is
acquitted, such property shall be returned to him and in either case if it is not possible
for any reason to return the forfeited property, such person shall be paid the price
therefor as if the property had been sold to the Central Government with reasonable
interest calculated from the day of seizure of the property and such price shall be
determined in the manner prescribed.
11. Order of forfeiture not to interfere with other punishments.-
The order of forfeiture made under this Act by the Special Court, shall not prevent the
infliction of any other punishment to which the person affected thereby is liable under
this Act.
12. Claims by third party.-
(1) Where any claim is preferred, or any objection is made to the seizure of any
property under section 7 on the ground that such property is not liable to seizure, the
Designated Authority before whom such property is produced, shall proceed to
investigate the claim or objection:
Provided that no such investigation shall be made where the Designated Authority
considers that the claim or objection is designed to cause unnecessary delay.
(2) In case claimant or objector establishes that the property specified in the notice
issued under section 9 is not liable to be forfeited under the Act, the said notice shall
be withdrawn or modified accordingly.
13. Powers of Designated Authority.-
The Designated Authority, acting under the provisions of this Act, shall have all the
powers of a civil court required for making a full and fair enquiry into the matter
before it.
14. Obligation to furnish information.-
(1) Notwithstanding anything contained in any other law, the officer investigating any
offence under this Act, with prior approval in writing of an officer not below the rank
of a Superintendent of Police, may require any officer or authority of the Central
Government or a State Government or a local authority or a bank, or a company, or a
firm or any other institution, establishment, organisation or any individual to furnish
information in their possession in relation to such offence, on points or matters, where
the investigating officer has reason to believe that such information will be useful for,
or relevant to, the purposes of this Act.
(2) Failure to furnish the information called for under sub-section (1), or deliberately
furnishing false information shall be punishable with imprisonment for a term which
may extend to three years or with fine or with both.
(3) Notwithstanding anything contained in the Code, the offence under sub-section (1)
shall be tried as a summary case and the procedure prescribed in Chapter XXI of the
said Code [except sub-section (2) of section 262] shall be applicable thereto.
15. Certain transfers to be null and void.-
Where, after the issue of an order under section 7 or issue of a notice under section 9,
any property referred to in the said order or notice is transferred by any mode
whatsoever, such transfer shall, for the purpose of the proceedings under this Act, be
ignored and if such property is subsequently forfeited, the transfer of such property
shall be deemed to be null and void.
16. Forfeiture of property of certain persons.-
(1) Where any person is accused of any offence under this Act, it shall be open to the
Special Court trying him to pass an order that all or any of the properties, movable or
immovable or both belonging to him, shall, during the period of such trial, be
attached, if not already attached under this Act.
(2) Where a person has been convicted of any offence punishable under this Act, the
Special Court may, in addition to awarding any punishment, by order in writing,
declare that any property, movable or immovable or both, belonging to the accused
and specified in the order, shall stand forfeited to the Central Government or the State
Government, as the case may be, free from all encumbrances.
17. Company to transfer shares to Government.-
Where any shares in a company stand forfeited to the Central Government or the State
Government, as the case may be, under this Act, then, the company shall, on receipt
of the order of the Special Court, notwithstanding anything contained in the
Companies Act, 1956 (1 of 1956), or the articles of association of the company,
forthwith register the Central Government or the State Government, as the case may
be, as the transferee of such shares.
CHAPTER III
Terrorist organisations
18. Declaration of an organization as a terrorist organization.-
(1) For the purposes of this Act, an organisation is a terrorist organisation if—
(a) it is listed in the Schedule, or
(b) it operates under the same name as an organisation listed in that Schedule.
(2) The Central Government may by order, in the Official Gazette,—
(a) add an organisation to the Schedule;
(b) remove an organisation from that Schedule;
(c) amend that Schedule in some other way.
(3) The Central Government may exercise its power under clause (a) of sub-section
(2) in respect of an organisation only if it believes that it is involved in terrorism.
(4) For the purposes of sub-section (3), an organisation shall be deemed to be
involved in terrorism if it—
(a) commits or participates in acts of terrorism,
(b) prepares for terrorism,
(c) promotes or encourages terrorism, or
(d) is otherwise involved in terrorism.
19. Denotification of a terrorist organization.-
(1) An application may be made to the Central Government for the exercise of its
power under clause (b) of sub-section (2) of section 18 to remove an organisation
from the Schedule.
(2) An application may be made by—
(a) the organisation, or
(b) any person affected by inclusion of the organisation in the Schedule as a terrorist
organisation.
(3) The Central Government may make rules to prescribe the procedure for admission
and disposal of an application made under this section.
(4) Where an application under sub-section (1) has been refused, the applicant may
apply for a review to the Review Committee constituted by the Central Government
under sub-section (1) of section 60 within one month from the date of receipt of the
order by the applicant.
(5) The Review Committee may allow an application for review against refusal to
remove an organisation from the Schedule, if it considers that the decision to refuse
was flawed when considered in the light of the principles applicable on an application
for judicial review.
(6) Where the Review Committee allows review under sub-section (5) by or in respect
of an organisation, it may make an order under this sub-section.
(7) Where an order is made under sub-section (6), the Central Government shall, as
soon as the certified copy of the order is received by it, make an order removing the
organisation from the list in the Schedule.
20. Offence relating to membership of a terrorist organization.-
(1) A person commits an offence if he belongs or professes to belong to a terrorist
organisation:
Provided that this sub-section shall not apply where the person charged is able to
prove—
(a) that the organisation was not declared as a terrorist organisation at the time when
he became a member or began to profess to be a member; and
(b) that he has not taken part in the activities of the organisation at any time during its
inclusion in the Schedule as a terrorist organisation.
(2) A person guilty of an offence under this section shall be liable, on conviction, to
imprisonment for a term not exceeding ten years or with fine or with both.
21. Offence relating to support given to a terrorist organization.-
(1) A person commits an offence if—
(a) he invites support for a terrorist organisation, and
(b) the support is not, or is not restricted to, the provision of money or other property
within the meaning of section 22.
(2) A person commits an offence if he arranges, manages or assists in arranging or
managing a meeting which he knows is—
(a) to support a terrorist organisation, or
(b) to further the activities of a terrorist organisation, or
(c) to be addressed by a person who belongs or professes to belong to a terrorist
organisation.
(3) A person commits an offence if he addresses a meeting for the purpose of
encouraging support for a terrorist organisation or to further its activities.
(4) A person guilty of an offence under this section shall be liable on conviction, to
imprisonment for a term not exceeding ten years or with fine or with both.
Explanation.—For the purposes of this section, the expression “meeting” means a
meeting of three or more persons whether or not the public are admitted.
22. Fund raising for a terrorist organization to be an offence.-
(1) A person commits an offence if he—
(a) invites another to provide money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism.
(2) A person commits an offence if he—
(a) receives money or other property, and
(b) intends that it should be used, or has reasonable cause to suspect that it may be
used, for the purposes of terrorism.
(3) A person commits an offence if he—
(a) provides money or other property, and
(b) knows or has reasonable cause to suspect that it will or may be used for the
purposes of terrorism.
(4) In this section, a reference to the provision of money or other property is a
reference to its being given, lent or otherwise made available, whether or not for
consideration.
(5) A person guilty of an offence under this section shall be liable on conviction, to
imprisonment for a term not exceeding fourteen years or with fine or with both.
CHAPTER IV
Special Courts
23. Special Courts.-
(1) The Central Government or a State Government may, by notification in the
Official Gazette, constitute one or more Special Courts for such area or areas, or for
such case or class or group of cases, as may be specified in the notification.
(2) Where a notification constituting a Special Court for any area or areas or for any
case or class or group of cases is issued by the Central Government under sub-section
(1), and a notification constituting a Special Court for the same area or areas or for the
same case or class or group of cases has also been issued by the State Government
under that sub-section, the Special Court constituted by the Central Government,
whether the notification constituting such Court is issued before or after the issue of
the notification constituting the Special Court by the State Government, shall have,
and the Special Court constituted by the State Government shall not have, jurisdiction
to try any offence committed in that area or areas or, as the case may be, the case or
class or group of cases and all cases pending before any Special Court constituted by
the State Government shall stand transferred to the Special Court constituted by the
Central Government.
(3) Where any question arises as to the jurisdiction of any Special Court, it shall be
referred to the Central Government whose decision in the matter shall be final.
(4) A Special Court shall be presided over by a judge to be appointed by the Central
Government or, as the case may be, the State Government, with the concurrence of
the Chief Justice of the High Court.
(5) The Central Government or, as the case may be, the State Government may also
appoint, with the concurrence of the Chief Justice of the High Court, additional judges
to exercise jurisdiction of a Special Court.
(6) A person shall not be qualified for appointment as a judge or an additional judge
of a Special Court unless he is, immediately before such appointment, a sessions
judge or an additional sessions judge in any State.
(7) For the removal of doubts, it is hereby provided that the attainment, by a person
appointed as a judge or an additional judge of a Special Court, of the age of
superannuation under the rules applicable to him in the service to which he belongs,
shall not affect his continuance as such judge or additional judge.
(8) Where any additional judge or additional judges is or are appointed in a Special
Court, the judge of the Special Court may, from time to time, by general or special
order, in writing, provide for the distribution of business of the Special Court among
all judges including himself and the additional judge or additional judges and also for
the disposal of urgent business in the event of his absence or the absence of any
additional judge.
24. Place of sitting.-
A Special Court may, on its own motion, or on an application made by the Public
Prosecutor and if it considers it expedient or desirable so to do, sit for any of its
proceedings at any place other than its ordinary place of sitting:
Provided that nothing in this section shall be construed to change the place of sitting
of a Special Court constituted by a State Government to any place outside that State.
25. Jurisdiction of Special Courts.-
(1) Notwithstanding anything contained in the Code, every offence punishable under
any provision of this Act shall be triable only by the Special Court within whose local
jurisdiction it was committed or, as the case may be, by the Special Court constituted
for trying such offence under section 23.
(2) If, having regard to the exigencies of the situation prevailing in a State,—
(a) it is not possible to have a fair, impartial or speedy trial; or
(b) it is not feasible to have the trial without occasioning the breach of peace or grave
risk to the safety of the accused, the witnesses, the Public Prosecutor and a judge of
the Special Court or any of them; or
(c) it is not otherwise in the interests of justice,
the Supreme Court may transfer any case pending before a Special Court to any other
Special Court within that State or in any other State and the High Court may transfer
any case pending before a Special Court situated in that State to any other Special
Court within the State.
(3) The Supreme Court or the High Court, as the case may be, may act under this
section either on the application of the Central Government or a party interested and
any such application shall be made by motion, which shall, except when the applicant
is the Attorney-General of India, be supported by an affidavit or affirmation.
26. Power of Special Courts with respect to other offences.-
(1) When trying any offence, a Special Court may also try any other offence with
which the accused may, under the Code, be charged at the same trial if the offence is
connected with such other offence.
(2) If, in the course of any trial under this Act of any offence, it is found that the
accused person has committed any other offence under this Act or under any other
law, the Special Court may convict such person of such other offence and pass any
sentence or award punishment authorised by this Act or such rule or, as the case may
be, under such other law.
27. Power to direct for samples, etc.-
(1) When a police officer investigating a case requests the Court of a Chief Judicial
Magistrate or the Court of a Chief Metropolitan Magistrate in writing for obtaining
samples of handwriting, finger-prints, foot-prints, photographs, blood, saliva, semen,
hair, voice of any accused person, reasonably suspected to be involved in the
commission of an offence under this Act, it shall be lawful for the Court of a Chief
Judicial Magistrate or the Court of a Chief Metropolitan Magistrate to direct that such
samples be given by the accused person to the police officer either through a medical
practitioner or otherwise, as the case may be.
(2) If any accused person refuses to give samples as provided in sub-section (1), the
Court shall draw adverse inference against the accused.
28. Public Prosecutors.-
(1) For every Special Court, the Central Government or, as the case may be, the State
Government, shall appoint a person to be the Public Prosecutor and may appoint one
or more persons to be the Additional Public Prosecutor or Additional Public
Prosecutors:
Provided that the Central Government or, as the case may be, the State Government,
may also appoint for any case or class or group of cases, a Special Public Prosecutor.
(2) A person shall not be qualified to be appointed as a Public Prosecutor or an
Additional Public Prosecutor or a Special Public Prosecutor under this section unless
he has been in practice as an Advocate for not less than seven years or has held any
post, for a period of not less than seven years, under the Union or a State, requiring
special knowledge of law.
(3) Every person appointed as a Public Prosecutor or an Additional Public Prosecutor
or a Special Public Prosecutor under this section shall be deemed to be a Public
Prosecutor within the meaning of clause (u) of section 2 of the Code, and the
provisions of the Code shall have effect accordingly.
29. Procedure and powers of Special Courts.-
(1) Subject to the provisions of section 50, a Special Court may take cognizance of
any offence, without the accused being committed to it for trial, upon receiving a
complaint of facts that constitute such offence or upon a police report of such facts.
(2) Where an offence triable by a Special Court is punishable with imprisonment for a
term not exceeding three years or with fine or with both, the Special Court may,
notwithstanding anything contained in sub-section (1) of section 260 or section 262 of
the Code, try the offence in a summary way in accordance with the procedure
prescribed in the Code and the provisions of sections 263 to 265 of the Code, shall so
far as may be, apply to such trial:
Provided that when, in the course of a summary trial under this sub-section, it appears
to the Special Court that the nature of the case is such that it is undesirable to try it in
a summary way, the Special Court shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner provided by the provisions of
the Code for the trial of such offence and the said provisions shall apply to and in
relation to a Special Court as they apply to and in relation to a Magistrate:
Provided further that in the case of any conviction in a summary trial under this
section, it shall be lawful for a Special Court to pass a sentence of imprisonment for a
term not exceeding one year and with fine which may extend to rupees five lakh.
(3) Subject to the other provisions of this Act, a Special Court shall, for the purpose of
trial of any offence, have all the powers of a Court of Session and shall try such
offence as if it were a Court of Session so far as may be in accordance with the
procedure prescribed in the Code for the trial before a Court of Session.
(4) Subject to the other provisions of this Act, every case transferred to a Special
Court under section 25 shall be dealt with as if such case had been transferred under
section 406 of the Code to such Special Court.
(5) Notwithstanding anything contained in the Code, but subject to the provisions of
section 299 of the Code, a Special Court may, if it thinks fit and for reasons to be
recorded by it, proceed with the trial in the absence of the accused or his pleader and
record the evidence of any witness, subject to the right of the accused to recall the
witness for cross-examination.
30. Protection of witnesses.-
(1) Notwithstanding anything contained in the Code, the proceedings under this Act
may, for reasons to be recorded in writing, be held in camera if the Special Court so
desires.
(2) A Special Court, if on an application made by a witness in any proceeding before
it or by the Public Prosecutor in relation to such witness or on its own motion, is
satisfied that the life of such witness is in danger, it may, for reasons to be recorded in
writing, take such measures as it deems fit for keeping the identity and address of
such witness secret.
(3) In particular, and without prejudice to the generality of the provisions of subsection
(2), the measures which a Special Court may take under that sub-section may
include—
(a) the holding of the proceedings at a place to be decided by the Special Court;
(b) the avoiding of the mention of the names and addresses of the witnesses in its
orders or judgments or in any records of the case accessible to public;
(c) the issuing of any directions for securing that the identity and address of the
witnesses are not disclosed;
(d) a decision that it is in the public interest to order that all or any of the proceedings
pending before such a Court shall not be published in any manner.
(4) Any person who contravenes any decision or direction issued under sub-section
(3) shall be punishable with imprisonment for a term which may extend to one year
and with fine which may extend to one thousand rupees.
31. Trial by Special Courts to have precedence.-
The trial under this Act of any offence by a Special Court shall have precedence over
the trial of any other case against the accused in any other court (not being a Special
Court) and shall be concluded in preference to the trial of such other case and
accordingly the trial of such other case shall remain in abeyance.
32. Certain confessions made to police officers to be taken into consideration.-
(1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of
1872), but subject to the provisions of this section, a confession made by a person
before a police officer not lower in rank than a Superintendent of Police and recorded
by such police officer either in writing or on any mechanical or electronic device like
cassettes, tapes or sound tracks from out of which sound or images can be reproduced,
shall be admissible in the trial of such person for an offence under this Act or the rules
made thereunder.
(2) A police officer shall, before recording any confession made by a person under
sub-section (1), explain to such person in writing that he is not bound to make a
confession and that if he does so, it may be used against him:
Provided that where such person prefers to remain silent, the police officer shall not
compel or induce him to make any confession.
(3) The confession shall be recorded in an atmosphere free from threat or inducement
and shall be in the same language in which the person makes it.
(4) The person from whom a confession has been recorded under sub-section (1),
shall be produced before the Court of a Chief Metropolitan Magistrate or the Court of
a Chief Judicial Magistrate along with the original statement of confession, written or
recorded on mechanical or electronic device within forty-eight hours.
(5) The Chief Metropolitan Magistrate or the Chief Judicial Magistrate, shall, record
the statement, if any, made by the person so produced and get his signature or thumb
impression and if there is any complaint of torture, such person shall be directed to be
produced for medical examination before a Medical Officer not lower in rank than an
Assistant Civil Surgeon and thereafter, he shall be sent to judicial custody.
33. Power to transfer cases to regular courts.-
Where, after taking cognizance of any offence, a Special Court is of the opinion that
the offence is not triable by it, it shall, notwithstanding that it has no jurisdiction to try
such offence, transfer the case for the trial of such offence to any court having
jurisdiction under the Code and the Court to which the case is transferred may
proceed with the trial of the offence as if it had taken cognizance of the offence.
34. Appeal.-
(1) Notwithstanding anything contained in the Code, an appeal shall lie from any
judgment, sentence or order, not being an interlocutory order, of a Special Court to
the High Court both on facts and on law.
Explanation.—For the purposes of this section, “High Court” means a High Court
within whose jurisdiction, a Special Court which passed the judgment, sentence or
order, is situated.
(2) Every appeal under sub-section (1) shall be heard by a bench of two Judges of the
High Court.
(3) Except as aforesaid, no appeal or revision shall lie to any court from any
judgment, sentence or order including an interlocutory order of a Special Court.
(4) Notwithstanding anything contained in sub-section (3) of section 378 of the Code,
an appeal shall lie to the High Court against an order of the Special Court granting or
refusing bail.
(5) Every appeal under this section shall be preferred within a period of thirty days
from the date of the judgment, sentence or order appealed from:
Provided that the High Court may entertain an appeal after the expiry of the said
period of thirty days if it is satisfied that the appellant had sufficient cause for not
preferring the appeal within the period of thirty days.
35. Transitional provisions and transfer of pending proceedings.-
(1) The jurisdiction conferred by this Act on a Special Court, shall, until a Special
Court is constituted under section 23, in the case of any offence punishable under this
Act, notwithstanding anything contained in the Code, be exercised by the Court of
Session of the division in which such offence has been committed and it shall have all
the powers and follow the procedure provided under this Chapter.
(2) On and from the date when the Special Court is constituted under section 23,
every trial under the provisions of this Act, which would have been required to be
held before the Special Court, shall stand transferred to that Court on the date on
which it is constituted.
CHAPTER V
Interception of communication in certain cases
36. Definitions.-
In this Chapter, unless the context otherwise requires,—
(a) “electronic communication” means any transmission of signs, signals, writings,
images, sounds, data or intelligence of any nature transmitted in whole or in part by a
wire, radio, electromagnetic, photo electronic or photo optical system that affects
inland or foreign commerce but does not include—
(i) the radio portion of a cordless telephone communication that is transmitted
between the wireless telephone hand-set and the base unit; or
(ii) any wire or oral communication; or
(iii) any communication made through a tone only paging device; or
(iv) any communication from a tracking device;
(b) “intercept” means the aural or other acquisition of the contents by wire, electronic
or oral communication through the use of any electronic, mechanical or other device;
(c) “oral communication” means any oral communication uttered by a person
exhibiting an expectation that such communication is not subject to interception under
circumstances justifying such expectation but such term does not include any
electronic communication;
(d) “wire communication” means any aural transmission made in whole or part
through the use of facilities for the transmission of communications by the aid of
wire, cable or other like connection between the point of origin and the point of
connection, between the point of origin and the point of reception (including the use
of such connection in switching station) and such term includes any electronic storage
of such communication.
37. Appointment of Competent Authority.-
The Central Government or the State Government, as the case may be, may appoint
an officer not below the rank of Secretary to the Government in the case of State
Government and not below the rank of Joint Secretary to the Government in the case
of Central Government, to be the Competent Authority for the purposes of this
Chapter.
38. Application for authorization of interception of wire, electronic or oral
communication.-
(1) A police officer not below the rank of Superintendent of Police supervising the
investigation of any terrorist act under this Act may submit an application in writing
to the Competent Authority for an order authorising or approving the interception of
wire, electronic or oral communication by the investigating officer when he believes
that such interception may provide, or has provided evidence of any offence involving
a terrorist act.
(2) Each application shall include the following information:—
(a) the identity of the investigating officer making the application, and the head of the
department authorising the application;
(b) a statement of the facts and circumstances relied upon by the applicant to justify
his belief that an order should be issued, including—
(i) details as to the offence of terrorist act that has been, is being, or is about to be
committed;
(ii) a particular description of the nature and location of the facilities from which or
the place where the communication is to be intercepted;
(iii) a particular description of the type of communications sought to be intercepted;
and
(iv) the identity of the person, if known, committing the terrorist act whose
communications are to be intercepted;
(c) a statement of the period of time for which the interception is required to be
maintained, if the nature of the enquiry is such that the authorisation of interception
should not automatically terminate after the described type of communication has
been first obtained;
(d) a particular description of facts establishing probable cause to believe that
additional communications of the same type will occur thereafter; and
(e) where the application is for the extension of an order, a statement setting forth the
results thus far obtained from the interception, or a reasonable explanation of the
failure to obtain such results.
(3) The Competent Authority may require the applicant to furnish additional oral or
documentary evidence in support of the application.
39. Decision by Competent Authority on application for interception
(1) Upon such application, the Competent Authority may reject the application, or
issue an order, as requested or as modified, authorising or approving interception of
wire, electronic or oral communications, if the Competent Authority determines on
the basis of the facts submitted by the applicant that—
(a) there is a probable cause for belief that an individual is committing, has
committed, or is about to commit, a particular offence described and made punishable
under sections 3 and 4 of this Act;
(b) there is a probable cause of belief that particular communications concerning that
offence may be obtained through such interception;
(c) there is probable cause of belief that the facilities from which, or the place where,
the wire, electronic or oral communications are to be intercepted are being used or are
about to be used, in connection with the commission of such offence, leased to, or are
listed in, the name of or commonly used by such person.
(2) Each order by the Competent Authority authorising or approving the interception
of any wire, electronic or oral communication under this section shall specify—
(a) the identity of the person, if known, whose communications are to be intercepted;
(b) the nature and location of the communication facilities as to which, or the place
where, authority to intercept is granted;
(c) a particular description of the type of communication sought to be intercepted, and
a statement of the particular offence to which it relates;
(d) the identity of the agency authorised to intercept the communications, and the
person authorising the application; and
(e) the period of time during which such interception is authorised, including a
statement as to whether or not the interception shall automatically terminate after the
described communication has been first obtained.
40. Submission of order of interception to Review Committee.
(1) The Competent Authority shall, immediately after passing the order under subsection
(1) of section 39, but in any case not later than seven days from the passing of
the order, submit a copy of the same to the Review Committee constituted under
section 60 alongwith all the relevant underlying papers, record and his own findings,
in respect of the said order, for consideration and approval of the order by the Review
Committee.
(2) An order authorising the interception of a wire, electronic or oral communication
under this section shall, upon request of the applicant, direct that a provider of wire or
electronic communication service, landlord, custodian or other person shall furnish to
the applicant forthwith all information, facilities and technical assistance necessary to
accomplish the interception unobtrusively and with a minimum of interference with
the services that such service provider, landlord, custodian or person is providing to
the person whose communications are to be intercepted.
41. Duration of an order of inception, etc.
(1) No order issued under this section may authorise or approve the interception of
any wire, electronic or oral communication for any period longer than is necessary to
achieve the objective of the authorisation, nor in any event longer than sixty days and
such sixty days period shall begin on the day immediately preceding the day on which
the investigating officer first begins to conduct an interception under the order or ten
days after order is issued whichever is earlier.
(2) The extension of an order may be granted, but only upon an application for an
extension made in accordance with sub-section (1) of section 38 and the Competent
Authority making the findings required by sub-section (1) of section 39, and the
period of such extension shall be no longer than the Competent Authority deems
necessary to achieve the purposes for which it was granted and in no event for longer
than sixty days at a time.
(3) Every order and extension thereof shall contain a provision that the authorisation
to intercept shall be executed as soon as practicable and shall be conducted in such
manner as to minimise the interception of communications not otherwise subject to
interception under this section and shall terminate upon attainment of the authorised
objective, or in any event on the expiry of the period of said order or extension
thereof.
42. Authority competent to carry out interception.
(1) An interception under this Chapter may be conducted in whole or in part by a
public servant, acting under the supervision of the investigating officer authorised to
conduct the interception.
(2) Whenever an order authorising an interception is issued pursuant to this section,
the order may require reports to be made to the Competent Authority who issued the
order showing that progress has been made towards achievement of the authorised
objective and the need for continued interception and such report shall be made at
such intervals as the Competent Authority may require.
43. Interception of communication in emergency.
(1) Notwithstanding anything contained in any other provision of this Chapter, an
officer not below the rank of Additional Director General of Police or a police officer
of equivalent rank who reasonably determines that—
(a) an emergency situation exists that involves—
(i) immediate danger of death or serious physical injury to any person; or
(ii) conspiratorial activities threatening the security or interest of the State; or
(iii) conspiratorial activities, characteristic of a terrorist act, that requires a wire,
electronic or oral communication to be intercepted before an order from the
Competent Authority authorising such interception can, with due diligence, be
obtained; and
(b) there are grounds on which an order should be issued under this section to
authorise such interception,
may authorise, in writing, the investigating officer to intercept such wire, electronic or
oral communication, if an application for an order approving the interception is made
in accordance with the provisions of sub-sections (1) and (2) of section 38 within
forty-eight hours after the interception has occurred, or begins to occur.
(2) In the absence of an order approving the interception made under sub-section (1),
such interception shall immediately terminate when the communication sought is
obtained or when the application for the order is rejected, whichever is earlier; and in
the event of an application for permitting interception being rejected under subsection
(1) of section 39 or an application under sub-section (1) of this section for
approval being rejected, or in any other case where the interception is terminated
without an order having been issued, the contents of any wire, electronic or oral
communication intercepted shall be treated as having been obtained in violation of
this section.
44. Protection of information collected.
(1) The contents of any wire, electronic or oral communication intercepted by any
means authorised by this Chapter shall, as far as possible, be recorded on tape or wire
or other comparable device and shall be done in such manner as to protect the
recording from editing or other alterations.
(2) Immediately upon the expiration of the period of order, or extension thereof, such
recording shall be made available to the Competent Authority issuing such order and
shall be sealed under his directions and kept in the custody of such person or authority
as the Competent Authority orders, and such recordings shall not be destroyed except
upon an order of the Competent Authority and in any event shall be kept for ten years.
(3) Applications made and orders issued under this Chapter shall be sealed by the
Competent Authority and custody of the applications and orders shall be kept in such
manner as the Competent Authority directs, and shall not be destroyed except on an
order of the Competent Authority, and in any event shall be kept for ten years.
45. Admissibility of evidence collected through the interception of
communications.
Notwithstanding anything in the Code or in any other law for the time being in force,
the evidence collected through the interception of wire, electronic or oral
communication under this Chapter shall be admissible as evidence against the accused
in the Court during the trial of a case:
Provided that, the contents of any wire, electronic or oral communication intercepted
pursuant to this Chapter or evidence derived therefrom shall not be received in
evidence or otherwise disclosed in any trial, hearing or other proceeding in any court
unless each accused has been furnished with a copy of the order of the Competent
Authority, and accompanying application, under which the interception was
authorised or approved not less than ten days before trial, hearing or proceeding:
Provided further that, the period of ten days may be waived by the judge trying the
matter, if he comes to the conclusion that it was not possible to furnish the accused
with the above information ten days before the trial, hearing or proceeding and that
the accused will not be prejudiced by the delay in receiving such information.
46. Review of authorization order.
(1) The Review Committee constituted by the Central Government or the State
Government, as the case may be, shall review every order passed by the Competent
Authority under section 39.
(2) Every order passed by the Competent Authority under section 39, or disapproved
by the officer under section 43, shall be placed before the Review Committee, which
shall be considered by the Review Committee within ten days after its receipt, to
decide whether the order was necessary, reasonable and justified.
(3) The Review Committee, after examining the entire record and holding such
enquiry, if any, deemed necessary may, by order in writing, either approve the order
passed by the Competent Authority or may issue order disapproving the same.
(4) On issue of an order of disapproval by the Review Committee, the interception, if
any, already commenced shall be forthwith discontinued and the intercepted
communication, if any, in the form of tape, wire or other device shall, thereupon, not
be admissible as evidence in any case and shall be directed to be destroyed.
47. Interception and disclosure of wire, electronic or oral communications
prohibited.
Except as otherwise specifically provided in section 39, any police officer who—
(a) intentionally intercepts, endeavours to intercept, or procures any other person to
intercept or endeavour to intercept any wire, electronic or oral communication;
(b) intentionally uses, endeavours to use, or procures any other person to use or
endeavours to use any electronic, mechanical or other device to intercept any oral
communication when—
(i) such device is affixed to, or otherwise transmits a signal through a wire, cable, or
other like connection used in wire communication; or
(ii) such device transmits communications by radio, or interferes with the
transmission of such communication;
(c) intentionally discloses, or endeavours to disclose, to any other person the contents
of any wire, electronic or oral communication, knowing or having reason to know that
the information was obtained through the interception of a wire, electronic or oral
communication in violation of this Chapter;
(d) intentionally uses, or endeavours to use, the contents of any wire, electronic or
oral communication, knowing or having reason to know that the information was
obtained through the interception of a wire, electronic or oral communication in
violation of this Chapter;
(e) intentionally discloses, or endeavours to disclose, to any other unauthorised person
the contents of any wire, electronic or oral communication, intercepted by means
authorised by section 39;
(f) intentionally continues the interception of wire, electronic or oral communication
after the issue of an order of rejection by the Competent Authority under this Chapter;
(g) intentionally continues the interception of wire, electronic or oral communication
after the issue of an order of disapproval by the Review Committee under sub-section
(3) of section 46,
shall for such violation be punishable with imprisonment for a term which may extend
to one year and with fine up to rupees fifty thousand.
48. Annual report of interceptions.
(1) The Central Government and the State Government, as the case may be, shall
cause an annual report to be prepared giving a full account of—
(a) the number of applications for authorisation of interceptions received by the
Competent Authority from the Police Department in which prosecutions have been
launched;
(b) the number of such applications permitted or rejected;
(c) the number of interceptions carried out in emergency situations and the number of
approvals granted or rejected in such matters;
(d) the number of prosecutions launched based on such interceptions and convictions
resulting from such interceptions, along with an explanatory memorandum giving
general assessment of the utility and importance of the interceptions authorised.
(2) An annual report shall be laid by the State Government before the State
Legislature within three months of the completion of every calendar year:
Provided that, if the State Government is of the opinion that the inclusion of any
matter in the annual report would be prejudicial to the security of the State or to the
prevention or detection of any terrorist act, the State Government may exclude such
matter from being included in such annual report.
(3) An annual report shall be laid by the Central Government before each House of
Parliament within three months of the completion of every calendar year:
Provided that, if the Central Government is of the opinion that the inclusion of any
matter in the annual report would be prejudicial to the security of the country or to the
prevention or detection of any terrorist act, the Central Government may exclude such
matter from being included in such annual report.
CHAPTER VI
Miscellaneous
49. Modified application of certain provisions of the Code.
(1) Notwithstanding anything contained in the Code or any other law, every offence
punishable under this Act shall be deemed to be a cognizable offence within the
meaning of clause (c) of section 2 of the Code, and “cognizable case” as defined in
that clause shall be construed accordingly.
(2) Section 167 of the Code shall apply in relation to a case involving an offence
punishable under this Act subject to the modification that in sub-section (2),—
(a) the references to “fifteen days”, “ninety days” and “sixty days”, wherever they
occur, shall be construed as references to “thirty days”, “ninety days” and “ninety
days”, respectively; and
(b) after the proviso, the following provisos shall be inserted, namely:—
“Provided further that if it is not possible to complete the investigation within the said
period of ninety days, the Special Court shall extend the said period up to one hundred
and eighty days, on the report of the Public Prosecutor indicating the progress of the
investigation and the specific reasons for the detention of the accused beyond the said
period of ninety days:
Provided also that if the police officer making the investigation under this Act,
requests, for the purposes of investigation, for police custody from judicial custody of
any person from judicial custody, he shall file an affidavit stating the reasons for
doing so and shall also explain the delay, if any, for requesting such police custody.”.
(3) Section 268 of the Code shall apply in relation to a case involving an offence
punishable under this Act subject to the modification that—
(a) the reference in sub-section (1) thereof—
(i) to “the State Government” shall be construed as a reference to “the Central
Government or the State Government”,
(ii) to “order of the State Government” shall be construed as a reference to “order of
the Central Government or the State Government, as the case may be”; and
(b) the reference in sub-section (2) thereof, to “the State Government” shall be
construed as a reference to “the Central Government or the State Government, as the
case may be”.
(4) Sections 366, 367 and 371 of the Code shall apply in relation to a case involving
an offence triable by a Special Court subject to the modification that the reference to
“Court of Session”, wherever occurring therein, shall be construed as the reference to
“Special Court”.
(5) Nothing in section 438 of the Code shall apply in relation to any case involving
the arrest of any person accused of having committed an offence punishable under
this Act.
(6) Notwithstanding anything contained in the Code, no person accused of an offence
punishable under this Act shall, if in custody, be released on bail or on his own bond
unless the Court gives the Public Prosecutor an opportunity of being heard.
(7) Where the Public Prosecutor opposes the application of the accused to release on
bail, no person accused of an offence punishable under this Act or any rule made
thereunder shall be released on bail until the Court is satisfied that there are grounds
for believing that he is not guilty of committing such offence:
Provided that after the expiry of a period of one year from the date of detention of the
accused for an offence under this Act, the provisions of sub-section (6) of this section
shall apply.
(8) The restrictions on granting of bail specified in sub-sections (6) and (7) are in
addition to the restrictions under the Code or any other law for the time being in force
on granting of bail.
(9) Notwithstanding anything contained in sub-sections (6), (7) and (8), no bail shall
be granted to a person accused of an offence punishable under this Act, if he is not an
Indian citizen and has entered the country unauthorisedly or illegally except in very
exceptional circumstances and for reasons to be recorded in writing.
50. Cognizance of offences.
No court shall take cognizance of any offence under this Act without the previous
sanction of the Central Government or, as the case may be, the State Government.
51. Officers competent to investigate offences under this Act.
Notwithstanding anything contained in the Code, no police officer,—
(a) in the case of the Delhi Special Police Establishment, below the rank of a Deputy
Superintendent of Police or a police officer of equivalent rank;
(b) in the metropolitan areas of Mumbai, Kolkata, Chennai and Ahmedabad and any
other metropolitan area notified as such under sub-section (1) of section 8 of the
Code, below the rank of an Assistant Commissioner of Police;
(c) in any other case not relatable to clause (a) or clause (b), below the rank of a
Deputy Superintendent of Police or a police officer of an equivalent rank,
shall investigate any offence punishable under this Act.
52. Arrest.
(1) Where a police officer arrests a person, he shall prepare a custody memo of the
person arrested.
(2) The person arrested shall be informed of his right to consult a legal practitioner as
soon as he is brought to the police station.
(3) Whenever any person is arrested, information of his arrest shall be immediately
communicated by the police officer to a family member or in his absence to a relative
of such person by telegram, telephone or by any other means and this fact shall be
recorded by the police officer under the signature of the person arrested.
(4) The person arrested shall be permitted to meet the legal practitioner representing
him during the course of interrogation of the accused person:
Provided that nothing in this sub-section shall entitle the legal practitioner to remain
present throughout the period of interrogation.
53. Presumption as to offences under section 3.
(1) In a prosecution for an offence under sub-section (1) of section 3, if it is proved—
(a) that the arms or explosives or any other substances specified in section 4 were
recovered from the possession of the accused and there is reason to believe that such
arms or explosives or other substances of a similar nature, were used in the
commission of such offence; or
(b) that the finger-prints of the accused were found at the site of the offence or on
anything including arms and vehicles used in connection with the commission of such
offence,
the Special Court shall draw adverse inference against the accused.
(2) In a prosecution for an offence under sub-section (3) of section 3, if it is proved
that the accused rendered any financial assistance to a person, having knowledge that
such person is accused of, or reasonably suspected of, an offence under that section,
the Special Court shall draw adverse inference against the accused.
54. Bar of jurisdiction of courts, etc.
No civil court or other authority shall have or, be entitled to, exercise any jurisdiction,
powers or authority in relation to the matters referred to in sections 19 and 40 of the
Act.
55. Saving.
(1) Nothing in this Act shall affect the jurisdiction exercisable by, or the procedure
applicable to, any court or other authority under any law relating to the naval, military
or air forces or other armed forces of the Union.
(2) For the removal of doubts, it is hereby declared that for the purposes of any such
law as is referred to in sub-section (1), a Special Court shall be deemed to be a court
of ordinary criminal justice.
56. Overriding effect.
The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any enactment other than this Act or in any instrument having
effect by virtue of any enactment other than this Act.
57. Protection of action taken in good faith.
No suit, prosecution or other legal proceeding shall lie against the Central
Government or a State Government or any officer or authority of the Central
Government or State Government or any other authority on whom powers have been
conferred under this Act, for anything which is in good faith done or purported to be
done in pursuance of this Act:
Provided that no suit, prosecution or other legal proceedings shall lie against any
serving member or retired member of the armed forces or other para-military forces in
respect of any action taken or purported to be taken by him in good faith, in the course
of any operation directed towards combating terrorism.
58. Punishment and compensation for malicious action.
(1) Any police officer who exercises powers corruptly or maliciously, knowing that
there are no reasonable grounds for proceeding under this Act, shall be punishable
with imprisonment which may extend to two years, or with fine, or with both.
(2) If the Special Court is of the opinion that any person has been corruptly or
maliciously proceeded against under this Act, the Court may award such
compensation as it deems fit to the person, so proceeded against and it shall be paid
by the officer, person, authority or Government, as may be specified in the order.
59. Impounding passport and arms licence of person chargesheeted under the
Act.
Notwithstanding anything contained in any other law for the time being in force, the
passport and the arms licence of a person, who is charge-sheeted for having
committed any offence under this Act, shall be deemed to have been impounded for
such period as the Special Court may deem fit.
60. Review Committees.
(1) The Central Government and each State Government shall, whenever necessary,
constitute one or more Review Committees for the purposes of this Act.
(2) Every such Committee shall consist of a Chairperson and such other members not
exceeding three and possessing such qualifications as may be prescribed.
(3) A Chairperson of the Committee shall be a person who is, or has been, a Judge of
a High Court, who shall be appointed by the Central Government, or as the case may
be, the State Government, so however, that the concurrence of the Chief Justice of the
High Court shall be obtained in the case of a sitting Judge:
Provided that in the case of a Union territory, the appointment of a person who is a
Judge of the High Court of a State shall be made as a Chairperson with the
concurrence of the Chief Justice of the concerned High Court.
61. Power of High Courts to make rules.
The High Court may, by notification in the Official Gazette, make such rules, if any,
as they may deem necessary for carrying out the provisions of this Act relating to
Special Courts within their territories.
62. Power to make rules.
(1) Without prejudice to the powers of the High Courts to make rules under section
61, the Central Government may, by notification in the Official Gazette, make rules
for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such
rules may provide for all or any of the following matters, namely:—
(a) regulating the conduct of persons in respect of areas the control of which is
considered necessary or expedient and the removal of such persons from such areas;
(b) the entry into, and search of—
(i) any vehicle, vessel or aircraft; or
(ii) any place, whatsoever,
Reasonably suspected of being used for committing the offences referred to in section
3 or section 4 or for manufacturing or storing anything for the commission of any
such offence;
(c) conferring powers upon—
(i) the Central Government;
(ii) a State Government;
(iii) an Administrator of a Union territory under article 239 of the Constitution;
(iv) an officer of the Central Government not lower in rank than that of a Joint
Secretary; or
(v) an officer of a State Government not lower in rank than that of a District
Magistrate,
to make general or special orders to prevent or deal with terrorist acts;
(d) the arrest and trial of persons contravening any of the rules or any order made
thereunder;
(e) the punishment of any person who contravenes or attempts to contravene or abets
or attempts to abet the contravention of any rule or order made thereunder with
imprisonment for a term which may extend to one year or fine or both;
(f) providing for the seizure and detention of any property in respect of which such
contravention, attempt or abetment as is referred to in clause (e) has been committed
and for the adjudication of such seizure and detention, whether by any court or by any
other authority;
(g) determination of the price of the forfeited property under sub-section (2) of section
10;
(h) the procedure of making application under sub-section (3) of section 19; and
(i) the qualifications of the members of the Review Committee under sub-section (2)
of section 60.
63. Orders and rules to be laid before Houses of Parliament.
Every order and every rule made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each House of Parliament, while it is in
session, for a total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in
making any modification in the order or rule or both Houses agree that the order or
rule should not be made, the order or rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of anything
previously done under that order or rule.
64. Repeal and saving.
(1) The Prevention of Terrorism (Second) Ordinance, 2001 is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any action
taken under the said Ordinance shall be deemed to have been done or taken under the
corresponding provisions of this Act.
THE SCHEDULE
(See section 18)
Terrorist organisations
1. Babbar Khalsa International.
2. Khalistan Commando Force.
3. Khalistan Zindabad Force.
4. International Sikh Youth Federation.
5. Lashkar-e-Taiba/Pasban-e-Ahle Hadis
6. Jaish-e-Mohammed/Tahrik-e-Furqan
7. Harkat-ul-Mujahideen/Harkat-ul-Ansar/Karkat-ul-Jehad-e-Islami.
8. Hizb-ul-Mujahideen/Hizb-ul-Mujahideen Pir Panjal Regiment.
9. Al-Umar-Mujahideen.
10. Jammu and Kashmir Islamic Front.
11. United Liberation Front of Assam (ULFA).
12. National Democratic Front of Bodoland (NDFB).
13. People’s Liberation Army (PLA).
14. United National Liberation Front (UNLF).
15. People’s Revolutionary Party of Kangleipak (PREPAK).
16. Kangleipak Communist Party (KCP).
17. Kanglei Yaol Kanba Lup (KYKL).
18. Manipur People’s Liberation Front (MPLF).
19. All Tripura Tiger Force.
20. National Liberation Front of Tripura.
21. Liberation Tigers of Tamil Eelam (LTTE).
22. Students Islamic Movement of India.
23. Deendar anjuman.
24.Communist Party of India (Marxist-Leninist)—People’s War, all its formations
and front organisations
25.Maoist Communist Centre (MCC), All its formations and front organisations.
26.Al Badr
27. Jamiat-Ul-Mujahidden
28. Al-Qaida.
29. Dukhtaran-e-Millat (DEM)
30. Tamil Nadu Liberation Army (TNLA)
31. Tamil National Retrieval Troops (TNRT)
32. Akhil Bharat Nepali Ekta Samaj (ABNES)
Explanation.—For the purposes of this Schedule, serial numbers 24 and 25 shall be
deemed to have been included with effect from the date of publication of S.O. No.
1194(E), dated the 5th December, 2001.
K.N. CHATURVEDI,
Addl. Secy. to the Govt. of India

Published in: on ಜುಲೈ 27, 2008 at 2:31 ಫೂರ್ವಾಹ್ನ  Comments Off on ಪೋಟಾ ಎಂದರೇನು?  

ದಾಖಲೆಗಳು ಮನ ಮೋಹನ್ ಸಿಂಗ್ ಪರವಾಗಿವೆಯೇ??

ದಾಖಲೆಗಳು ಮನ ಮೋಹನ್ ಸಿಂಗ್ ಪರವಾಗಿವೆಯೇ?? ಹಾಗಂತ ಲೋಕಸಭೆ ಇತಿಹಾಸ ಹೇಳುತ್ತದೆ.
ಸೋನಿಯಾ ಕೃಪೆಯಿಂದ ಪ್ರಧಾನಿಯಾದ, ಲೋಕಸಭಾ ಸದಸ್ಯರೂ ಅಲ್ಲದ ಮನ ಮೋಹನ್ ಸಿಂಗ್ ಇಂದು ಏನು ಮಾಡಿದರೂ ದಾಖಲೆಯೇ! ಒಂದು ವೇಳೆ ಅವರು ವಿಶ್ವಾಸ ಮತ ಗೆದ್ದರೆ, ಕಾಂಗ್ರೆಸ್ ನೇತೃತ್ವದ ಮೈತ್ರಿ ಸರಕಾರ ಗೆಲ್ಲುವ ಪ್ರಥಮ ವಿಶ್ವಾಸ ಮತ ಎಂದು ಇದು ದಾಖಲಾಗುತ್ತದೆ. ಒಂದು ವೇಳೆ ಸೋತರೆ, ವಿಶ್ವಾಸ ಮತವನ್ನು ಪ್ರಥಮ ಬಾರಿಗೆ ಕಾಂಗ್ರೆಸ್ ಸೋತದ್ದಾಗಿ ಇತಿಹಾಸದಲ್ಲಿ ದಾಖಲಾಗುತ್ತದೆ. ಏಕೆಂದರೆ 55 ವರ್ಷಗಳ ಇತಿಹಾಸದಲ್ಲಿ ಯಾವುದೇ ಕಾಂಗ್ರೆಸ್ ಸರಕಾರ ಅಥವಾ ಕಾಂಗ್ರೆಸ್ ಮೃತ್ರಿ ಸರಕಾರ ವಿಶ್ವಾಸ ಮತ ಯಾಚಿಸಿ ಸೊತಿಲ್ಲ. ಅತವಾ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಮಂಡಿಸಿದಾಗ ನೆಗೆದು ಬಿದ್ದಿಲ್ಲ.
ಲೋಕಸಭೆಯ ದಾಖಲೆಗಳ ಪ್ರಕಾರ 1952 ರ ನಂತರ ಇದುವರೆಗೆ ಲೋಕಸಭೆಯಲ್ಲಿ ಒಟ್ಟು 26 ಬಾರಿ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಮಂಡಿಸಲಾಗಿದೆ. 1979ರ ಜುಲೈ 15 ರಂದು ಮೊರಾಜಿಱ ದೇಸಾಯಿಯವರು ರಾಜೀನಾಮೆ ಸಲ್ಲಿಸಿದ್ದು ಬಿಟ್ಟರೆ, ಉಳಿದ ಸಂದರ್ಭಗಳಲ್ಲಿ ಇದು ವಿಫಲವಾಗಿದೆ. ಇದರಲ್ಲಿ ಕಾಂಗ್ರೆಸ್ ಒಂದೇ ಇದುವರೆಗೆ ಅಜಮಾಸು 23 ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಎದುರಿಸಿದೆ. ಆದರೆ ಅವುಗಳಲ್ಲೆಲ್ಲ ಕಾಂಗ್ರೆಸ್ ಯಶಸ್ವಿಯಾಗಿ ದಡ ಸೇರಿದೆ.
ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಎದುರಿಸಿದ ಪ್ರಥಮ ಪ್ರಧಾನ ಮಂತ್ರಿ, ದೇಶದ ಪ್ರಥಮ ಪ್ರದಾನಿಯೂ ಆದ ಜವಾಹರಲಾಲ್ ನೆಹರೂ. ಆಗ ಭಾರತದ ಲೋಕಸಭೆ ಇತಿಹಾಸದ ಪ್ರಥಮ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಯನ್ನು ಪ್ರಧಾನಿ ನೆಹರೂ ವಿರುದ್ಧ ಜೆ.ಬಿ.ಕೃಪಲಾನಿ ಮಂಡಿಸಿದ್ದರು. ಆಗ ನೆಹರೂ ಪರವಾಗಿ 347 ಮತಗಳು ಬಿದ್ದದ್ದವು. ನೆಹರೂ ಯಶಸ್ವಿಯಾಗಿ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಯನ್ನು ಗೆದ್ದಿದ್ದರು.
ನಂತರ ದಾಖಲೆ ಎನ್ನುವಷ್ಟು ಅವಿಸ್ವಾಸ ಗೊತ್ತುವಳಿಯನ್ನು ಎದುರಿಸಿದವರು ನೆಹರೂ ಪುತ್ರಿ ಇಂದಿರಾಗಾಂಧಿ! ಮಹಿಳಾ ಪ್ರಧಾನಿಯಾಗಿ ಸಾಕಷ್ಟು ಮಿಂಚಿದ ಇಂದಿರಾಗಾಂಧಿ ಭಾರತದ ಇತಿಹಾಸದಲ್ಲಿ ಯಾರೂ ಎದುರಿಸಲಾರದಷ್ಟು, ಹಾಗೂ ಮುಂದೆ ಅವರ ದಾಖಲೆ ಮುರಿಯಲಾರದಷ್ಟು ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳನ್ನು ಎದುರಿಸಿದ್ದರು.
ಇಂದಿರಾಗಾಂಧಿಯವರು ವಿರುದ್ಧ ಒಟ್ಟು 15 ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳು ಮಂಡಿಸಲ್ಪಟ್ಟಿದ್ದವು. ಅವುಗಳಲ್ಲಿ 12 ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳು 1966 ರಿಂದ 1975 ರ ಅವಧಿಯಲ್ಲಿ ಮಂಡಿಸಲ್ಪಟ್ಟಿದ್ದವು. ಇನ್ನು ಮೂರು 1981-1982 ರ ಅವಧಿಯಲ್ಲಿ ಮಂಡಿಸಲ್ಪಟ್ಟಿದ್ದವು. ಇಂದಿರಾಗಾಂಧಿ ಯಾವುದೇ ತೊಂದರೆ ಇಲ್ಲದೆ ಈ ಎಲ್ಲವನ್ನೂ ನಿಭಾಯಿಸಿದ್ದರು.
ನಂತರದ ದಾಖಲೆ ಇರುವುದು ಪಿ.ವಿ.ನರಸಿಂಹರಾವ್ ಅವರ ಹೆಸರಿನಲ್ಲಿ. ಕೇವಲ ನರಸಿಂಹ್ ರಾವ್ ಒಬ್ಬರೇ ಮೂರು ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳನ್ನು ಎದುರಿಸಿದ್ದರು. ಆದರೆ ಅವುಗಳಲ್ಲೆಲ್ಲಾ ಅವರು ಯಶಸ್ವಿಯಾಗಿದ್ದರು.
1993 ರ ಜುಲೈ 29 ರಂದು ವಿಶ್ವಾಸ ಮತ ಕೋರಿ, ಜಯಗಳಿಸಿದ್ದರು. ಆದರೆ ಆಗ ಅವರು ತಮ್ಮ ಪರ ಮತ ಚಲಾಯಿಸಲು ಸಂಸದರಿಗೆ ಲಂಚ ನೀಡಿದ್ದು ಬಹಿರಂಗವಾಗಿ ವಿವಾದ ಸೃಷ್ಟಿಯಾಗಿತ್ತು. ಅದು ಇತಿಹಾಸದ ಕಪ್ಪು ಪುಟಗಳಲ್ಲಿ ದಾಖಲಾಗಿದೆ.
ಈ ದಾಖಲೆಗಳ ಆಧಾರದಲ್ಲಿ ಮನ್ ಮೋಹನ್ ಸಿಂಗ್ ಖುಶಿಯಾಗಿದ್ದಾರೆ.
ವಿಶ್ವಾಸ ಮತ ಗೆಲ್ಲುವ ವಿಶ್ವಾಸದಲ್ಲಿದ್ದಾರೆ.
ಆದರೆ ಹಾಗೆ ಆಗುತ್ತಾ?
ಇತಿಹಾಸ ಮರುಕಳಿಸುತ್ತಾ??

Note: ಈ ಅಂಕಿ ಅಂಶಗಳಲ್ಲಿ ವ್ಯತ್ಯಾಸಗಳಿದ್ದರೆ ದಯವಿಟ್ಟು ಗಮನಕ್ಕೆ ತನ್ನಿ.

Published in: on ಜುಲೈ 22, 2008 at 11:18 ಫೂರ್ವಾಹ್ನ  Comments (1)  

ಸಿಂಗ್ ಸರಕಾರ ಉಳಿಯುತ್ತೋ? ಅಳಿಯುತ್ತೋ? ?

ಕೇಂದ್ರ ಸರಕಾರ ಪತನದ ಅಂಚಿಗೆ ಬಂದು ನಿಂತಿದೆ. ಇಂದು ಕೇಂದ್ರ ಸರಕಾರ ಉಳಿಯುತ್ತದೋ ಅಥವಾ ಅಳಿಯುತ್ತದೋ ಎಂಬುದು ನಿಧಾಱರವಾಗಲಿದೆ.
ಇದುವರೆಗೆ ಲೋಕಸಭೆಯಲ್ಲಿ ಸುಮಾರು 25 ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳನ್ನು ಲೋಕಸಭೆಯಲ್ಲಿ ಮಂಡಿಸಲಾಗಿದೆ. ಆದರೆ ಈ ಎಲ್ಲಾ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿಗಳನ್ನು ಅಂದು ಅಧಿಕಾರದಲ್ಲಿದ್ದಂತಹ ಪಕ್ಷಗಳು ಅಥವಾ ಅಧಿಕಾರದಲ್ಲಿದ್ದ ಸಮ್ಮಿಶ್ರ ಸರಕಾರಗಳು ವಿಫಲ ಗೊಳಿಸಿದ್ದವು ಎಂಬುದು ಗಮನಿಸಬೇಕಾದ ಅಂಶ. ಅಂದರೆ ಲೋಕಸಭೆಯಲ್ಲಿ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಬಿದ್ದು ಹೊಗುವಂತೆ ಅಧಿಕಾರದಲ್ಲಿದ್ದ ಪಕ್ಷಗಳು ನಿಭಾಯಿಸಿದ್ದವು.
ಹೀಗಾಗಿ ಲೋಕಸಭೆಯಲ್ಲಿ ಇದುವರೆಗೆ ಕೇವಲ 5 ಜನ ಪ್ರಧಾನ ಮಂತ್ರಿಗಳು ಮಾತ್ರ ವಿಶ್ವಾಸ ಮತ ಸಾಬೀತು ಪಡಿಸಲು ಮುಂದಾಗಿ, ವಿಫಲರಾಗಿದ್ದಾರೆ. ವಾಜಪೇಯಿ ಒಬ್ಬರೇ ಎರಡು ಬಾರಿ ವಿಶ್ವಾಸ ಮತ ಕೋರಿದ್ದರು.
ಆದರೆ ಈ ಹಿಂದೆ ವಿಶ್ವಾಸ ಮತ ಎದುರಿಸಿದ್ದ ಐವರು ಪ್ರಧಾನಿಗಳು ಸಹ ತಮ್ಮಿಂದಾದ ಎಲ್ಲಾ ರೀತಿಯ ಪ್ರಯತ್ನ, ಎಲ್ಲಾ ತಂತ್ರ, ಕುತಂತ್ರ, ಹಣಬಲ, ತೋಳ್ಬಲ ಬಳಸಿದರೂ ಸರಕಾರ ಉಳಿಸಿಕೊಳ್ಳಲು ವಿಫಲರಗಿದ್ದರು. ಈಗ ಮನ್ ಮೋಹನ್ ಸಿಂಗ್ ವಿಶ್ವಾಸ ಮತ ಕೋರುತ್ತಿರುವ 6 ನೇ ಪ್ರಧಾನ ಮಂತ್ರಿ. ಸರಕಾರ ಪತನವಾದ ಅಥವಾ ವಿಶ್ವಾಸ ಮತ ಯಾಚಿಸುವ ಮೊದಲೇ ರಾಜೀನಾಮೆ ನೀಡಿದ ಪ್ರಧಾನಿಗಳು ಅನೇಕರಿದ್ದಾರೆ.
1. ಮೊರಾಜಿಱ ದೇಸಾಯಿಯವರು ಪ್ರದಾನ ಮಂತ್ರಿಯಾಗಿದ್ದಾಗ ಅವರ ಸರಕಾರದ ವಿರುದ್ದ ಅವಿಶ್ವಾಸ ಗೊತ್ತುವಳಿ ಮಂಡಿಸಲಾಗಿತ್ತು. ಆಗ ವಿಶ್ವಾಸ ಮತ ಎದುರಿಸಿದ್ದರೆ ಸೋಲುವ ಸಾಧ್ಯತೆಗಳಿದ್ದವು. ಆದರೆ ಮೊರಾಜರ್ಿ ದೇಸಾಯಿಯವರಿಗೆ ಆ ರೀತಿ ವಿಶ್ವಾಸ ಮತದಲ್ಲಿ ಸೋಲುಂಡು ಕೆಳಗಿಳಿದ ಪ್ರಥಮ ಪ್ರಧಾನ ಮಂತ್ರಿ ಎನ್ನಿಸಿಕೊಳ್ಳುವುದು ಬೇಕಿರಲಿಲ್ಲ. ಇಂತಹ ಮುಜುಗರದ ಸನ್ನಿವೇಶದಿಂದ ಪಾರಾಗಲು ಅವರು ತಮ್ಮ ಬಳಿ ಬಹುಮತ ಸಾಬೀತು ಪಡಿಸಲು ಸಂಖ್ಯೆ ಇಲ್ಲ ಎಂದು ತಿಳಿದ ತಕ್ಷಣ ತಮ್ಮ ಸ್ಥಾನಕ್ಕೆ ರಾಜೀನಾಮೆ ನೀಡಿದ್ದರು.
2. 1979 ರಲ್ಲಿ ಕಾಂಗ್ರೆಸ್ ಬೆಂಬಲ ವಾಪಸ್ ಪಡೆದಾಗ, ಅಂದಿನ ಪ್ರಧಾನಿ ಚೌಧುರಿ ಚರಣ್ ಸಿಂಗ್ ಗೆ ವಿಶ್ವಾಸ ಮತ ಸಾಬಿತು ಪಡಿಸಲು ಸೂಚಿಸಲಾಗಿತ್ತು. ಚರಣ್ ಸಿಂಗ್ ಪ್ರಥಮ ಅಧಿವೇಶನ ಕರೆದಿದ್ದರು. ಅದರ ಆರಂಭದ ದಿನವೇ ಇಂದಿರಾಗಾಂಧಿ ಬೆಂಬಲ ವಾಪಸ್ ಪಡೆದಿದದ್ದರು. ಚರಣ್ ಸಿಂಗ್, ವಿಶ್ವಾಸ ಮತ ಕೋರುವ ಬದಲು ಆಗಸ್ಟ್ 20 ರಂದು ರಾಜೀನಾಮೆ ನೀಡಿ, ಚುನಾವಣೆ ಎದುರಿಸಲು ಸಜ್ಜಾಗಿದ್ದರು.
3. 1990 ರಲ್ಲಿ ಬಿಜೆಪಿ ಬೆಂಬಲ ಹಿಂದೆ ಪಡೆದಾಗ ಅಂದಿನ ಪ್ರಧಾನಿ ವಿ.ಪಿ.ಸಿಂಗ್ ಬೆಂಬಲ ಸಾಬೀತು ಪಡಿಸಬೇಕಾದ ಸನ್ನಿವೇಶ ಉಂಟಾಗಿತ್ತು. ಈಗ ಕಾಂಗ್ರೆಸ್ ಪದೇ ಪದೇ ಕೋಮುವಾದಿ ಎಂದು ಕರೆಯುವ ಬಿಜೆಪಿಯ ಜೊತೆ ಸೇರಿ 1990 ರ ನವೆಂಬರ್ 7 ರಂದು ಸರಕಾರ ಪತನವಾಗುವಂತೆ ಮಾಡಿತ್ತು. ಆಗ ವಿ.ಪಿ.ಸಿಂಗ್ ಸರಕಾರದ ಪರ 152 ಮತಗಳು ಬಿದ್ದಿದ್ದರೆ, ವಿರುದ್ಧವಾಗಿ 356 ಮತಗಳು ಬಿದ್ದಿದ್ದವು.
4. ನಂತರದ ಸರದಿ ವಾಜಪೇಯಿಯವರದ್ದು. 1996 ಮೇ 16 ರಿಂದ ಕೇವಲ 13 ದಿನಗಳ ಕಾಲ ಪ್ರಧಾನಿಯಾಗಿದ್ದ ಅವರು ಸಂಸತ್ತಿನಲ್ಲಿ ವಿಶ್ವಾಸ ಮತ ಕೋರುವ ಸಂದರ್ಭ ಬಂದಿತ್ತು. ಆದರೆ ಆಗ ತಮ್ಮ ಬಳಿ ಸಂಖ್ಯೆ ಇಲ್ಲ ಎಂಬುದನ್ನು ಅರಿತ ವಾಜಪೇಯಿ ಮೇ 28 ರಂದು ಲೋಕಸಭೆಯಲ್ಲಿ ಭರ್ಜರಿ ಭಾಷಣ ಮಾಡಿ, ತಮ್ಮ ಸ್ಥಾನಕ್ಕೆ ರಾಜೀನಾಮೆ ಸಲ್ಲಿಸಿದ್ದರು.
5. ನಮ್ಮ ಮಣ್ಣಿನ ಮಗ ದೇವೇಗೌಡರದ್ದು. ವಾಜಪೇಯಿಯವರ 13 ದಿನದ ಸರಕಾರ ಪತನವಾಗುತ್ತಲೇ ಪ್ರದಾನಿಯಾದವರು ದೇವೇಗೌಡರು. 1996 ರಲ್ಲಿ ಪ್ರಧಾನಿ ಪಟ್ಟ ಆಲಂಕರಿಸಿದರು. ಆದರೆ ಕಾಂಗ್ರೆಸ್ ಬೆಂಬಲ ವಾಪಸ್ ಪಡೆದಾಗ 1997 ರ ಏಪ್ರಿಲ್ 11 ರಂದು ದೇವೇಗೌಡರು ವಿಶ್ವಾಸ ಮತದಲ್ಲಿ ಸೋಲನುಭವಿಸಬೇಕಾಯಿತು. ಸರಕಾರದ ಪರವಾಗಿ 190 ಮತಗಳು ಬಿದ್ದಿದ್ದರೆ ವಿರುದ್ಧವಾಗಿ 338 ಮತಗಳು ಬಿದ್ದಿದ್ದವು. ಅಂದು ದೇವೇಗೌಡರು ಡಿ ಎಂ ಕೆ ಯ ಕ್ಯಾಬಿನೆಟ್ ಸಚಿವರೊಬ್ಬರನ್ನು ರಾಜೀವ್ ಗಾಂಧಿ ಹತ್ಯೆ ಬಗ್ಗೆ ಜೈನ್ ಸಮಿತಿ ನೀಡಿದ್ದ ವರದಿ ಆಧರಿಸಿ ಕೈ ಬಿಡಲು ಒಪ್ಪಿರಲಿಲ್ಲ. ಹೀಗಾಗಿ ದೇವೇಗೌಡರ ಸರಕಾರ ಪತನವಾಗಿತ್ತು. ಆದರೆ ಈಗ ಅದೇ ಡಿ ಎಂ ಕೆ ಕಾಂಗ್ರೆಸ್ ಗೆ ಆಪ್ತವಾಗಿದೆ. ಇದು ರಾಜಕೀಯದ ವಿಪಯರ್ಾಸ.
6. 1998 ರಲ್ಲಿ ಎರಡನೇ ಬಾರಿ ಪ್ರಧಾನಿಯಾದ ವಾಜಪೇಯಿಯವರ ಸರಕಾರಕ್ಕೆ 13 ತಿಂಗಳು ತುಂಬಿದಾಗ ಎ ಐ ಎ ಡಿ ಎಂಕೆ ತನ್ನ ಬೆಂಬಲ ವಾಪಸ್ ಪಡೆದಿತ್ತು. ಆಗ ವಾಜಪೇಯಿ ವಿಶ್ವಾಸದಿಂದಲೇ ವಿಶ್ವಾಸ ಮತ ಎದುರಿಸಿದ್ದರು. ಆದರೆ ಕೇವಲ 1 ಮತದಿಂದ ಅವರು ಬಹುಮತ ಸಾಬೀತು ಪಡಿಸಲು ವಿಫಲರಾಗಿದ್ದರಿಂದ ಏಪ್ರಿಲ್ 17 ರಂದು ಸರಕಾರ ಪತನವಾಗಿತ್ತು. ಸರಕಾರದ ಪರ 269 ಹಾಗೂ ವಿರುದ್ಧ 270 ಮತಗಳು ಬಿದ್ದಿದ್ದವು. ಹೀಗಾಗಿ ದೇಶ ಮತ್ತೆ ಚುನಾವನೆ ಎದುರಿಸಬೇಕಾಯಿತು. ನಂತರ 199ರಲ್ಲಿ ಅಧಿಕಾರಕ್ಕೆ ಎನ್ ಡಿ ಎ ಮೈತ್ರಿಕೂಟ, 5 ವರ್ಷದ ಆಡಳಿತವನ್ನು ಯಶಸ್ವಿಯಾಗಿ ಪೂರೈಸಿತ್ತು.
ಈಗ ಮನ್ ಮೋಹನ್ ಸಿಂಗ್ ಸರಕಾರ ಉಳಿಯುತ್ತದೋ? ಅಳಿಯುತ್ತದೋ ಎಂಬ ಪ್ರಶ್ನೆಗೆ ಇನ್ನು ಕೆಲವೇ ಗಂಟೆಗಳಲ್ಲಿ ಉತ್ತರ ಸಿಗಲಿದೆ

Published in: on ಜುಲೈ 22, 2008 at 10:34 ಫೂರ್ವಾಹ್ನ  ನಿಮ್ಮ ಟಿಪ್ಪಣಿ ಬರೆಯಿರಿ  

A sad saga of the prime minister’s betrayals

ಗಮನಕ್ಕೆ: ಈ ಲೇಖನ ಬರೆದವರು ಸುಧೀಂದ್ರ ಕುಲಕಣಿಱ. ಇವರು ಮಾಜಿ ಪ್ರಧಾನಿ ವಾಜಪೇಯಿ ಜೊತೆ ಇದ್ದವರು. ಈ ಲೇಖನದಲ್ಲಿ ಅಣುಒಪ್ಪಂದ ಕುರಿತು ಸಾಕಷ್ಟು ಅಂಶಗಳ ಮೇಲೆ ಬೆಳಕು ಚಲ್ಲಿದ್ದಾರೆ. ಓದುತ್ತಾ ಹೋದರೆ ಸರಕಾರಗಳು ಯಾವ ರೀತಿ ಜನರನ್ನು ವಿಶ್ವಾಸಕ್ಕೆ ತೆಗೆದುಕೊಳ್ಳದೆ ಕೆಲಸ ಮಾಡುತ್ತವೆ ಎಂದು ಅಥಱವಾಗುತ್ತದೆ.
ಈ ಬಗ್ಗೆ ನಿಮ್ಮ ಪ್ರತಿಕ್ರಿಯೆಯನ್ನು ನೇರವಾಗಿ ಸುಧೀಂಧ್ರ ಅವರಿಗೆ ಕಳುಹಿಅಸಬಹುದು. ಅವರ ಇ-ಮೇಲ್ ವಿಳಾಸ:
sudheenkulkarni@gmail.com.
* * *
A sad saga of the prime minister’s betrayals:
July 18, 2008
‘Donon haath mein laddoo’ is one of those earthy and graphic phrases in the colloquial dictionary of Hindi-speaking people that is far superior to its synonym in English: ‘Win-win situation’. It is used when an individual or a collective is facing an either-this-or-that dilemma, but finds that both outcomes are beneficial.
Today pundits and plebians alike are unanimous on one point: whatever the outcome of the July 22 confidence vote moved by the Congress-led United Progressive Alliance government, the Bharatiya Janata Party-led National Democratic Alliance has ‘donon haath mein laddoo’. If the government loses the trust vote, the outcome would demoralise the Congress and serve as a shot in the arm for the NDA. In the absence of a ‘Third Front’, the NDA is clearly the frontrunner in the parliamentary elections, which will have to be held within the next six months.
If, on the other hand, the government wins the trust vote, the outcome would still benefit the BJP and its allies on three counts: a. the legitimacy of that victory would be under a cloud since the people know all about the murky deals going on in Delhi and the unethical means employed by the Congress party to trade horses, the price at which each horse is being traded, etc; b. inflation, the biggest worry of the UPA government, is unlikely to ease by February or March, when elections will be due; c. the anti-incumbency factor against the UPA government, due to its dismal track record on multiple fronts, will have become stronger.
It is not uncommon these days to hear that, for the first time since the first general elections in 1952, the Congress party would be reduced to a double-digit tally in the next Lok Sabha elections. Remember that the BJP already runs more state governments, either on its own or with allies, than the Congress.
Remember, also, that the Congress has lost in as many ten assembly elections held after the last Lok Sabha elections in May 2004. So one knows why the BJP and its allies are expected to have laddoos in both hands irrespective of whether Dr Manmohan Singh’s [Images] government survives or not.
But what is less known is that even the prime minister and his coterie of advisors (both in New Delhi and Washington) think that he too has laddoos in both hands as he prepares for the trust vote on July 22. If he wins the trust vote, he and his party will obviously bask in the euphoria generated by the victory, with Dr Singh being projected as a ‘strong PM’ — and, possibly, as the Congress party’s prime ministerial candidate in the next parliamentary elections.
But how can the PM be said to have a laddoo in his other hand if he loses the trust vote? Well, first things first: What is meant by laddoo in the PM’s other hand even if he loses the trust vote? According to highly placed sources in the government, it means that he has already secured the nuclear deal with the United States and a defeat on July 22 will not alter that reality. In other words, irrespective of whether he will save his government or not, he has already saved the nuclear deal and can therefore go down in history as the prime minister who achieved what pro-dealers in India and America wanted him to achieve.
But how did he manage that? Hereby hangs a tale of duplicity, deceit, betrayal, manipulation and institutional misuse at the highest level of government and the ruling party, the like of which has never been seen in India since Independence.
On July 20, 2005 — that is, two days after Prime Minister Singh and US President George Bush [Images] issued a joint statement about the Indo-US nuclear deal — Dr Singh addressed a press conference in Washington before returning to India. Smita Prakash of Asian News International asked him a pointed and prescient question: ‘Mr Prime Minister, do you see any resistance coming forward from your allies and the opposition in putting the new India-US policy to practice? And will you seek a parliamentary consensus or approval to the new direction you seem to be taking in foreign policy?’
Dr Singh’s reply was categorical, and befitting the prime minister of the world’s largest democracy. ‘Well, the Parliament in our country is sovereign,’ he said. ‘It goes without saying that we can move forward only on the basis of a broad national consensus.’
But look at the downhill road Dr Singh has traversed from then to July 20, 2008. Today is there a ‘broad national consensus’ in India in support of the Indo-US nuclear deal? No sane person can give an affirmative answer. And yet the PM has chosen to ‘move forward’ on the nuclear deal.
To know how far, indeed, he has moved forward by flouting his own assurance of adhering to the ‘broad national consensus’, it is instructive to refer to a front-page report by Radhika Ramaseshan in The Telegraph, Kolkata, on July 16. Titled ‘Sink or survive, deal done’, and quoting ‘a highly placed official’, the report said: ‘The deal is ‘done’, whether the UPA survives the trust vote or not. The safeguards agreement, to be put before nuclear watchdog IAEA’s board of governors at a special August 1 meeting, would stay on course, unaffected by politics back home… The deal will happen because the government is clear that it is in the supreme national interest. If the government has to go in the process, let it go, the source said. Earlier, sections of the government and a Congress spokesperson had hinted that if the government lost majority, it could withdraw the IAEA agreement.’
A day later, Rahul Gandhi [Images] indirectly corroborated this by telling mediapersons in Amethi that ‘the nuclear deal is more important than the government. The prime minister has taken the risk in the interest of the nation and if the government falls in the process, so be it.” It is revealing that The Telegraph report has not been contradicted by the government so far.
If The Telegraph report is true, it means that the prime minister has flouted another solemn assurance he had given in Washington three years ago — namely, that he no longer believes that Parliament is ‘sovereign’, and that even its verdict against his government on July 22 would have no bearing on the nuclear deal because it is already ‘done’. The duplicity and deceitfulness of his government becomes clearer when we revisit some of the important milestones in the deal’s journey in the past three years.
Firstly, Dr Singh had no mandate to go ahead with the Indo-US nuclear deal since it was not included in the Common Minimum Programme of the UPA, which was jointly drafted by the Congress and Left leaders and on the basis of which the Left parties agreed to provide outside support the UPA government. Without the Left support, the UPA government would not have survived in office for four years.
Secondly, ever since the Singh-Bush joint statement of July 18, 2005, the Left parties’ opposition to the nuclear deal was consistent and grew stronger with the passage of time. The CPI-M was unwilling to allow the government to start negotiations with the IAEA on the draft safeguards agreement in September 2007, but both Dr Singh and Sonia Gandhi [Images] pleaded with Prakash Karat and his comrades: ‘Please allow the government to begin negotiations with the IAEA. We will not finalise the draft safeguards agreement without taking into account the findings of the UPA-Left committee to study all aspects of the nuclear deal.’ According to CPI-M sources, both Dr Singh and Sonia Gandhi separately told Karat, ‘Trust my word.’
An added, albeit unrelated, argument was brought into this plea. ‘Gujarat assembly elections are round the corner. Our common goal should be to defeat Narendra Modi [Images]. How can you damage the unity of secular forces by wanting to withdraw support to our government now on the issue of the nuclear deal?’
CPI-M leaders believed in the assurance given by Dr Singh and Sonia Gandhi. However, that trust was betrayed when the government finalised the draft safeguards agreement and sent it to the IAEA secretariat without bothering to obtain the findings of the UPA-Left committee, which, under the chairmanship of External Affairs Minister Pranab Mukherjee, had held as many as nine meetings between September 2007 to June 2008. These were not ‘talk-shop’ meetings.
The Left parties have recently published the notes exchanged between them and the UPA representatives in each of these meetings. Anyone who goes through this highly educative 202-page document would be impressed by the meticulous research done by the Left parties on all aspects of the nuclear deal.
Thirdly, on the day when the Left parties finally withdrew support to the UPA government — and the trigger for this was provided by the prime minister himself, who said on his way to the G-8 summit to Japan [Images] that the government would go to the IAEA with the draft safeguards agreement ‘soon’, thereby making a mockery of his own assurance to the Left parties. When Pranab Mukherjee was asked by reporters whether the government, which had already become a minority government, would go to the IAEA before securing a trust vote in Parliament, his reply was categorical: No, the government would go to the IAEA only after securing a vote of confidence in Parliament.
To further drive home his point, he even stated that he was giving this assurance after telephonically speaking to the prime minister in Japan. Even this assurance was violated. In the process, the PM administered a nasty snub to his minister, who ought to have resigned after this episode. After all, the episode revealed that only one of the two — Dr Singh or Mukherjee — could have been truthful.
Fourthly, the government consistently refused to show the draft safeguards agreement to the Left parties in their internal deliberations on the plea that it was a ‘classified’ document. Indeed, Mukherjee said so even in his press conference after the Left withdrew support to the government. However, the cat was out of the bag when Karat challenged the government to disclose who had decided the document to be ‘classified’ — the IAEA secretariat or the Indian government.
The same evening the document was up on the Internet, making a travesty of the UPA government’s claim and confirming doubts that it wanted to hide the document’s contents from Indian political parties and the Indian public.
Fifthly, after his first meeting with Bush in Washington in July 2005, Dr Singh had assured Parliament that India will accept only the ‘same responsibilities and obligations as other advanced nuclear States like the US.’ Speaking in the Lok Sabha on July 29, 2005, he said: ‘We shall undertake the same responsibilities and obligations as… the US’; ‘we expect the same rights and benefits” as the US’; and ‘India will never accept discrimination.’
Today, anybody who reads the draft safeguards agreement with the IAEA would aver that the PM’s assurance has been flouted. The IAEA does not recognise India as a Nuclear Weapons State on part with, and having the same rights and obligations as, the five recognised NWSs — USA, Russia [Images], Britain, France [Images] and China. There are many other infirmities in the draft safeguards agreement and the 123 Agreement with the USA that compromise India’s strategic security, without in any way ensuring India’s energy security.
However, that is not the main subject of this column. Suffice it to say that the PM is rushing headlong to meet the timetable set by the Bush presidency and the domestic political process in America. His haste itself has severely debilitated India’s bargaining position vis-a-vis the United States and other countries.
The sixth and most damning betrayal has come in the form of what has been revealed by the report in The Telegraph. A minority government has not only gone to the IAEA before seeking a trust vote, but has now concluded that the deal is to be a reality even if it is defeated on the floor of the House! Responding to this report, the BJP on July 17 issued a strongly worded protest in which, among other things, it demanded ‘a categorical assurance from the prime minister that the draft safeguards agreement will be withdrawn from the IAEA in the event of his government losing the trust vote in the Lok Sabha.’
The government, however, seems to be in no mood to oblige. Its view on the matter was quite graphically — and, let me add, arrogantly — articulated by a highly placed official source: “The nuclear deal has already fled the shores of India. And India does not have an Extradition Treaty with Austria to bring it back.” (Vienna, Austria’s capital, is the headquarters of the IAEA.)
All the above six betrayals are part of a conspiracy to make the outcome of the trust vote irrelevant to an international deal which, as the BJP has pointed out in its statement of July 17, ‘has serious implications for India’s national security in perpetuity.’ The BJP has rightly asked the government why it has hurriedly sent a team of officials to meet the IAEA secretariat in Vienna for a meeting on July 18 — barely four days before the trust vote in Parliament on July 22. It has also demanded that ‘all further action in respect of the nuclear deal be suspended by the government until it proves its majority on the floor of the House, in keeping with the moral standards and political norms of parliamentary democracy.’
But does the Congress care for moral standards when, according to CPI leader A B Bardhan, it is indulging in horse-trading by offering Rs 25 crore to each non-UPA MP willing to support the government? When it is trying to seek the support of five MPs imprisoned for their role in heinous crimes?
And does the prime minister care for norms of parliamentary democracy when he has, with his brinkmanship, destabilised his own government and forced his party to resort to the most corrupt practices known in the history of Parliament in order to ensure its survival on July 22. The only thing he seems to care for is laddoos in both hands; and he seems to think that he will have at least one, the nuclear deal, even if he loses the other — his government.
It is high time his supporters, and supporters of the nuclear deal, cared for the grave implications of all that Dr Singh has done for India’s democracy, India’s strategic autonomy and India’s honour.

Published in: on ಜುಲೈ 19, 2008 at 3:28 ಫೂರ್ವಾಹ್ನ  ನಿಮ್ಮ ಟಿಪ್ಪಣಿ ಬರೆಯಿರಿ  

ನ್ಯೂಕ್ಲಿಯರ್ ಅಗ್ರಿಮೆಂಟ್ ನಲ್ಲೇನಿದೆ?

ಕೇಂದ್ರ ಸರಕಾರ ಭಾರೀ ಅವಸರದಲ್ಲೇ ನ್ಯೂಕ್ಲಿಯರ್ ಒಪ್ಪಂದಕ್ಕೆ ಸಹಿ ಹಾಕಲು ಹೊರಟಿದೆ. ಎಡಪಕ್ಷಗಳು ಬೆಂಬಲ ವಾಪಸ್ ಪಡೆದ ನಂತರವೂ ಐ ಎ ಇ ಎ ಮೊರೆ ಹೊಕ್ಕಿರುವುದು ಅನೇಕ ಅನುಮಾನಗಳಿಗೆ ಕಾರಣವಾಗುತ್ತಿದೆ. 10 ನೇ ತಾರೀಖಿನವರೆಗೆ ಇದರ ಪ್ರತಿಯನ್ನು ಕೊಡುವುದಿಲ್ಲ ಎಂದು ವಾದಿಸುತ್ತಿದ್ದ ಕೇಂದ್ರ ಸರಕಾರ ಎಡಪಕ್ಷಗಳ ಧಾಳಿಯನ್ನು ತಡೆಯದೆ ಐ ಎ ಇ ಎ ಗೆ ಸಲ್ಲಿಸಿರುವ ಸೇಫ್ ಗಾಡ್ಱ್ ಅಗ್ರಿಮೆಂಟ್ ಪ್ರತಿಯನ್ನು ರಾತ್ರೋರಾತ್ರಿ ಮಿನಿಸ್ಟ್ರಿ ಆಫ್ ಎಕ್ಸ್ ಟನಱಲ್ ಅಫೇರ್ಸ್ ವೆಬ್ ಸೈಟ್ ನಲ್ಲಿ ಪ್ರಕಟಿಸುವ ಮೂಲಕ ಸಾಕಷ್ಟು ಅನುಮಾನಗಳಿಗೆ ಕಾರಣವಾಗಿತ್ತು. ನಂತರ ತನ್ನ ಕ್ರಮವನ್ನು ಸಮಥಿಱಸಿಕೊಳ್ಳಲು ಸಾಕಷ್ಟು ಪರದಾಡಿತ್ತು.
ಹಾಗಾದರೆ ಇದರಲ್ಲೇನಿದೆ? ಓದಿ ನೋಡಿ. ಸಧ್ಯಕ್ಕೆ ಇದನ್ನು ಕನ್ನಡಕ್ಕೆ ತಜುಱಮೆ ಮಾಡಿ ಹಾಕುವಷ್ಟು ಪುರುಸೊತ್ತು ಇಲ್ಲ. ಸಾಧ್ಯವಾದಾಗ ಖಂಡಿತಾ ಕನ್ನಡಕ್ಕೆ ತಜುಱಮೆ ಮಾಡುತ್ತೇನೆ. ಅಲ್ಲಿ ವರೆಗೆ ಇಂಗ್ಲೀಷ್ ನಲ್ಲಿರುವುದನ್ನೇ ಓದ್ತಾಇರಿ.
—-
Text of Safeguards Agreement
10/07/2008
AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS TO CIVILIAN NUCLEAR FACILITIES.
RECOGNIZING the significance India attaches to civilian nuclear energy as an efficient, clean and sustainable energy source for meeting global energy demand, in particular for meeting India’s growing energy needs;

WHEREAS India is committed to the full development of its national three-stage nuclear programme to meet the twin challenges of energy security and protection of the environment;

WHEREAS India has a sovereign and inalienable right to carry out nuclear research and development activities for the welfare of its people and other peaceful purposes;

WHEREAS India, a State with advanced nuclear technology, wishes to expand civil nuclear cooperation for its national development;

WHEREAS India is desirous of further expanding cooperation with the International Atomic Energy Agency (hereinafter referred to as “the Agency”) and its Member States with the objective of the full development and use of nuclear energy for peaceful purposes, on a stable, reliable and predictable basis;

WHEREAS India supports the role of the Agency in the promotion of the safe and peaceful uses of nuclear energy as set forth in the Statute of the Agency (hereinafter referred to as the “Statute”);

WHEREAS India and the Agency have long standing cooperation in various aspects of the Agency’s activities;

RECOGNIZING that such cooperation between India and the Agency must be carried out with full respect for the objectives of the Statute and with due observance of the sovereign rights of India;

WHEREAS the Statute authorizes the Agency to apply safeguards, at the request of the parties, to any bilateral or multilateral arrangement, or at the request of a State to any of the State’s activities in the field of atomic energy and, in this context:

Noting the relevance for this Agreement of the understandings between India and the United States of America expressed in the India-U.S. Joint Statement of 18 July 2005, in which India, inter alia, has stated its willingness:

to identify and separate its civilian and military nuclear facilities and programmes in a phased manner;

to file with the Agency a declaration regarding its civilian nuclear facilities (hereinafter referred to as “the Declaration”);

to take a decision to place voluntarily its civilian nuclear facilities under Agency safeguards;

Noting also for the purposes of this Agreement that:

India will place its civilian nuclear facilities under Agency safeguards so as to facilitate full civil nuclear cooperation between India and Member States of the Agency and to provide assurance against withdrawal of safeguarded nuclear material from civilian use at any time;

An essential basis of India’s concurrence to accept Agency safeguards under an India-specific safeguards agreement (hereinafter referred to as “this Agreement”) is the conclusion of international cooperation arrangements creating the necessary conditions for India to obtain access to the international fuel market, including reliable, uninterrupted and continuous access to fuel supplies from companies in several nations, as well as support for an Indian effort to develop a strategic reserve of nuclear fuel to guard against any disruption of supply over the lifetime of India’s reactors; and

India may take corrective measures to ensure uninterrupted operation of its civilian nuclear reactors in the event of disruption of foreign fuel supplies;

WHEREAS India is desirous of expanding civil nuclear cooperation with other Member States of the Agency;

WHEREAS the conclusion of this Agreement is intended to facilitate the broadest possible cooperation between India and Member States of the Agency in the peaceful uses of nuclear energy and ensure international participation in the further development of India’s civilian nuclear programme on a sustained and long-term basis;

RECALLING that the Agency in accordance with its Statute and safeguards system must take into account, in the implementation of safeguards in India, the need to avoid hampering the peaceful uses of nuclear energy, economic and technological development or international cooperation in the field of peaceful uses of nuclear energy; respect health, safety and physical protection and related security provisions in force in India; and take every precaution to protect commercial, technological and industrial secrets as well as other confidential information coming to its knowledge;

WHEREAS the frequency and intensity of activities described in this Agreement shall be kept to the minimum consistent with the objective of effective and efficient Agency safeguards;

WHEREAS India has requested the Agency to apply safeguards with respect to items subject to this Agreement;

WHEREAS the Board of Governors of the Agency (hereinafter referred to as the “Board”) acceded to that request on …………;

NOW THEREFORE, taking into account the above, India and the Agency have agreed as follows:

I. GENERAL CONSIDERATIONS

A. BASIC UNDERTAKINGS

1. India undertakes that none of the items subject to this Agreement, as defined in paragraph 11, shall be used for the manufacture of any nuclear weapon or to further any other military purpose and that such items shall be used exclusively for peaceful purposes and shall not be used for the manufacture of any nuclear explosive device.

2. The Agency undertakes to apply safeguards, in accordance with the terms of this Agreement, to the items subject to this Agreement, as defined in paragraph 11, so as to ensure, as far as it is able, that no such item is used for the manufacture of any nuclear weapon or to further any other military purpose and that such items are used exclusively for peaceful purposes and not for the manufacture of any nuclear explosive device.

B. GENERAL PRINCIPLES

3. The purpose of safeguards under this Agreement is to guard against withdrawal of safeguarded nuclear material from civilian use at any time.

4. The application of safeguards under this Agreement is intended to facilitate implementation of relevant bilateral or multilateral arrangements to which India is a party, which are essential to the accomplishment of the objective of this Agreement.

5. Bearing in mind Article II of the Statute, the Agency shall implement safeguards in a manner designed to avoid hampering India’s economic or technological development, and not to hinder or otherwise interfere with any activities involving the use by India of nuclear material, non-nuclear material, equipment, components, information or technology produced, acquired or developed by India independent of this Agreement for its own purposes.

6. The safeguards procedures set forth in this document shall be implemented in a manner designed to be consistent with prudent management practices required for the economic and safe conduct of nuclear activities.

7. In implementing safeguards, the Agency shall take every precaution to protect commercial and industrial secrets. No member of the Agency’s staff shall disclose, except to the Director General and to such other members of the staff as the Director General may authorize to have such information by reason of their official duties in connection with safeguards, any commercial or industrial secret or any other confidential information coming to his knowledge by reason of the implementation of safeguards by the Agency.

8. The Agency shall not publish or communicate to any State, organization or person any information obtained by it in connection with the implementation of safeguards in India, except that:

(a) Specific information relating to such implementation in India may be given to the Board and to such Agency staff members as require such knowledge by reason of their official duties in connection with safeguards, but only to the extent necessary for the Agency to fulfil its safeguards responsibilities;

(b) Summarized lists of items being safeguarded by the Agency may be published upon decision of the Board; and

(c) Additional information may be published upon decision of the Board and if all States directly concerned agree.

9. In the light of Article XII.A.5 of the Statute, safeguards shall continue with respect to produced special fissionable material and to any materials substituted therefor.

10. Nothing in this Agreement shall affect other rights and obligations of India under international law.

II. CIRCUMSTANCES REQUIRING SAFEGUARDS

A. ITEMS SUBJECT TO THIS AGREEMENT

11. The items subject to this Agreement shall be:

(a) Any facility listed in the Annex to this Agreement, as notified by India pursuant to paragraph 14(a) of this Agreement;

(b) Any nuclear material, non-nuclear material, equipment and components supplied to India which are required to be safeguarded pursuant to a bilateral or multilateral arrangement to which India is a party;

(c) Any nuclear material, including subsequent generations of special fissionable material, produced, processed or used in or by the use of a facility listed in the Annex or in or by the use of any nuclear material, non-nuclear material, equipment and components referred to in paragraph 11(b);

(d) Any nuclear material substituted in accordance with paragraph 27 or 30(d) of this Agreement for nuclear material referred to in paragraph 11(b) or 11(c) of this Agreement;

(e) Any heavy water substituted in accordance with paragraph 32 of this Agreement for heavy water subject to this Agreement;

(f) Any facility other than a facility identified in paragraph 11(a) above, or any other location in India, while producing, processing, using, fabricating or storing any nuclear material, non-nuclear material, equipment or components referred to in paragraph 11(b), (c), (d) or (e) of this Agreement, as notified by India pursuant to paragraph 14(b) of this Agreement.

12. The scope of this Agreement is limited to the items subject to this Agreement as defined in paragraph 11 above.

Declaratio
13. Upon entry into force of this Agreement, and a determination by India that all conditions conducive to the accomplishment of the objective of this Agreement are in place, India shall file with the Agency a Declaration, based on its sovereign decision to place voluntarily its civilian nuclear facilities under Agency safeguards in a phased manner.

Notifications

14.

(a) India, on the basis of its sole determination, shall notify the Agency in writing of its decision to offer for Agency safeguards a facility identified by India in the Declaration referred to in paragraph 13, or any other facility to be determined by India. Any facility so notified by India to the Agency will be included in the Annex, and become subject to this Agreement, as of the date of receipt by the Agency of such written notification from India.

(b) Should India, on the basis of its sole determination, decide to import or transfer any nuclear material, non-nuclear material, equipment or components subject to this Agreement to any facility or other location in India provided for in paragraph 11(f) of this Agreement, it shall so notify the Agency. Any such facility or location so notified by India pursuant to this sub-paragraph shall become subject to this Agreement as of the date of receipt by the Agency of such written notification from India.

15. India shall notify the Agency of the receipt of any nuclear material, non-nuclear material, equipment and components referred to in paragraph 11(b) of this Agreement within four weeks of the arrival in India of such nuclear material, non-nuclear material, equipment and components.

Provision of Information to the Agency

16. In the event that India’s notification pursuant to paragraph 14(a) of this Agreement relates to a facility subject to Agency safeguards under another Safeguards Agreement or Agreements in India at the time of entry into force of this Agreement, India shall provide the Agency, along with the relevant notification, such information as is required pursuant to the other Safeguards Agreement or Agreements as relates to any nuclear material, non-nuclear material, equipment and components subject to safeguards thereunder.

17. With respect to any other facility listed in the Annex pursuant to paragraph 14(a) of this Agreement, India shall provide the Agency, within four weeks of the relevant notification, with:

(a) a list of all nuclear material at each such facility; and

(b) where relevant, and if required pursuant to a bilateral or multilateral arrangement to which India is party, information relating to:

(i) Any nuclear material, non-nuclear material, equipment and components supplied to India for production , processing, storage or use in such facility;

(ii) Any nuclear material, including subsequent generations of special fissionable material, produced, processed or used in or by the use of such facility or in or by the use of any nuclear material, non-nuclear material, equipment and components supplied to India for production, processing or use in such facility.

18. Each notification pursuant to paragraph 15 of the Agreement shall include all information relevant to the nuclear material, non-nuclear material, equipment and components so notified, including the facility or location where the nuclear material, non-nuclear material, equipment and components so notified will be received.

19. The information provided by India pursuant to paragraphs 16, 17 and 18 of this Agreement shall specify, inter alia, to the extent relevant, the nuclear and chemical composition, physical form and quantity of the nuclear material; the date of shipment; the date of receipt; the identity of the consigner and the consignee; and any other relevant information, such as the type and capacity of any facility (or parts thereof), components or equipment; and the type and quantity of non-nuclear material. In the case of a facility or other location subject to this Agreement, the information to be provided shall include the type and capacity of that facility or location, and any other relevant information.

20. India shall thereafter notify the Agency by means of reports, in accordance with this Agreement, of any nuclear material, non-nuclear material, equipment and components referred to in paragraph 11(b), (c), (d) or (e) of this Agreement. The Agency may verify the calculations of the amounts and/or quantities of such nuclear material, non-nuclear material, equipment and components, and appropriate adjustments shall be made by agreement between India and the Agency.

21. The Agency shall maintain an inventory of items subject to this Agreement. The Agency shall send a copy of the inventory it maintains with respect to such information to India every twelve months and also at any other times specified by India in a request communicated to the Agency at least two weeks in advance.

B. SAFEGUARDS UNDER OTHER AGREEMENTS

22. The application of Agency safeguards under other Safeguards Agreements concluded by India with the Agency and in force at the time of entry into force of this Agreement may, subject to agreement by the Parties to such other Safeguards Agreements and following notification by India of the relevant facilities pursuant to paragraph 14(a), be suspended while this Agreement is in force. The application of safeguards under this Agreement to nuclear material, non-nuclear material, equipment or components subject to safeguards under such other Agreements shall commence as of the date of receipt by the Agency of India’s notification. India’s undertaking not to use items subject thereto in such a way as to further any military purpose, and its undertaking that such items shall be used exclusively for peaceful purposes and shall not be used for the manufacture of any nuclear explosive device, shall continue to apply.

C. EXEMPTIONS FROM SAFEGUARDS

General Exemptions

23. Nuclear material that would otherwise be subject to safeguards shall be exempted from safeguards at the request of India, provided that the material so exempted in India may not at any time exceed:

(a) 1 kilogram in total of special fissionable material, which may consist of one or more of the following:

(i) Plutonium;

(ii) Uranium with an enrichment of 0.2 (20 %) and above, taken account of by multiplying its weight by its enrichment;

(iii) Uranium with an enrichment below 0.2 (20 %) and above that of natural uranium, taken account of by multiplying its weight by five times the square of its enrichment;

(b) 10 metric tons in total of natural uranium and depleted uranium with an enrichment above 0.005 (0.5 %);

(c) 20 metric tons of depleted uranium with an enrichment of 0.005 (0.5 %) or below; and

(d) 20 metric tons of thorium.

Exemptions Related to Reactors

24. Produced or used nuclear material that would otherwise be subject to safeguards because it is being or has been produced, processed or used in a reactor which has been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement or unilaterally submitted to safeguards under a safeguards agreement; or because it is being or has been produced in or by the use of safeguarded nuclear material, shall be exempted from safeguards if:

(a) It is plutonium produced in the fuel of a reactor whose rate of production does not exceed 100 grams of plutonium per year; or

(b) It is produced in a reactor determined by the Agency to have a maximum calculated power for continuous operation of less than 3 thermal megawatts, or is used in such a reactor and would not be subject to safeguards except for such use, provided that the total power of the reactors with respect to which these exemptions apply in any State may not exceed 6 thermal megawatts.

25. Produced special fissionable material that would otherwise be subject to safeguards only because it has been produced in or by the use of safeguarded nuclear material shall in part be exempted from safeguards if it is produced in a reactor in which the ratio of fissionable isotopes within safeguarded nuclear material to all fissionable isotopes is less than 0.3 (calculated each time any change is made in the loading of the reactor and assumed to be maintained until the next such change). Such fraction of the produced material as corresponds to the calculated ratio shall be subject to safeguards.

D. SUSPENSION OF SAFEGUARDS

26. Safeguards with respect to nuclear material may be suspended while the material is transferred, under an arrangement or agreement approved by the Agency, for the purpose of processing, reprocessing, testing, research or development, within India or to any other Member State or to an international organization, provided that the quantities of nuclear material with respect to which safeguards are thus suspended in India may not at any time exceed:

(a) 1 effective kilogram of special fissionable material;

(b) 10 metric tons in total of natural uranium and depleted uranium with an enrichment 0.005 (0.5 %);

(c) 20 metric tons of depleted uranium with an enrichment of 0.005 (0.5 %) or below; and

(d) 20 metric tons of thorium.

27. Safeguards with respect to nuclear material in irradiated fuel which is transferred for the purpose of reprocessing may also be suspended if the State or States concerned have, with the agreement of the Agency, placed under safeguards substitute nuclear material in accordance with paragraph 30(d) of this Agreement for the period of suspension. In addition, safeguards with respect to plutonium contained in irradiated fuel which is transferred for the purpose of reprocessing may be suspended for a period not to exceed six months if the State or States concerned have, with the agreement of the Agency, placed under safeguards a quantity of uranium whose enrichment in the isotope uranium-235 is not less than 0.9 (90%) and the uranium-235 content of which is equal in weight to such plutonium. Upon expiration of the said six months or the completion of reprocessing, whichever is earlier, safeguards shall, with the agreement of the Agency, be applied to such plutonium and shall cease to apply to the uranium substituted therefor.

28. Under conditions specified in the Subsidiary Arrangements, the Agency shall suspend safeguards with respect to any parts of the facilities listed in the Annex which are removed for maintenance or repair.

E. TERMINATION OF SAFEGUARDS

29. The termination of safeguards on items subject to this Agreement shall be implemented taking into account the provisions of GOV/1621 (20 August 1973).

30. Nuclear material shall no longer be subject to safeguards under this Agreement after:

(a) It has been returned to the State that originally supplied it (whether directly or through the Agency), if it was subject to safeguards only by reason of such supply and if:

(i) It was not improved while under safeguards; or

(ii) Any special fissionable material that was produced in it under safeguards has been separated out, or safeguards with respect to such produced material have been terminated ; or

(b) The Agency has determined that:

(i) It was subject to safeguards only by reason of its use in a principal nuclear facility which has been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement or unilaterally submitted to safeguards under a safeguards agreement;

(ii) It has been removed from such a facility; and

(iii) Any special fissionable material that was produced in it under safeguards has been separated out, or safeguards with respect to such produced material have been terminated; or

(c) The Agency has determined that it has been consumed, or has been diluted in such a way that it is no longer usable for any nuclear activity relevant from the point of view of safeguards, or has become practicably irrecoverable; or

(d) India has, with the agreement of the Agency, placed under safeguards, as a substitute, such amount of the same element, not otherwise subject to safeguards, as the Agency has determined contains fissionable isotopes:

(i) Whose weight (with due allowance for processing losses) is equal to or greater than the weight of the fissionable isotopes of the material with respect to which safeguards are to terminate; and

(ii) Whose ratio by weight to the total substituted element is similar to or greater than the ratio by weight of the fissionable isotopes of the material with respect to which safeguards are to terminate to the total weight of such material;

provided that the Agency may agree to the substitution of plutonium for uranium-235 contained in uranium whose enrichment is not greater than 0.05 (5.0 %); or

(e) It has been transferred out of India under paragraph 33(d) of this Agreement, provided that such material shall again be subject to safeguards if it is returned to India; or

(f) The terms of this Agreement, pursuant to which it was subject to safeguards under this Agreement, no longer apply, by expiration of this Agreement or otherwise.

31. If India wishes to use safeguarded source material for non-nuclear purposes, such as the production of alloys or ceramics, it shall agree with the Agency on the circumstances under which the safeguards on such material may be terminated.

32. Safeguards shall be terminated on a facility listed in the Annex after India and the Agency have jointly determined that the facility is no longer usable for any nuclear activity relevant from the point of view of safeguards. Safeguards on non-nuclear material, equipment and components subject to this Agreement may be terminated as and when the non-nuclear material, equipment or components have been returned to the supplier or arrangements have been made by the Agency to safeguard the non-nuclear material, equipment or components in the State to which it is being transferred, or when India and the Agency have jointly determined that the non-nuclear material, equipment or component in question has been consumed, is no longer usable for any nuclear activity relevant from the point of view of safeguards or has become practicably irrecoverable. Safeguards may be terminated on heavy water upon India’s placing under safeguards as substitute the same amount of heavy water of equivalent or better heavy water concentration.

F. TRANSFERS

33. No safeguarded nuclear material shall be transferred outside the jurisdiction of India until the Agency has satisfied itself that one or more of the following conditions apply:

(a) The material is being returned, under the conditions specified in paragraph 30(a) of this Agreement, to the State that originally supplied it; or

(b) The material is being transferred subject to the provisions of paragraph 26 or 27 of this Agreement; or

(c) Arrangements have been made by the Agency to safeguard the material in the State to which it is being transferred; or

(d) The material was not subject to safeguards pursuant to a project agreement and will be subject, in the State to which it is being transferred, to safeguards other than those of the Agency but generally consistent with such safeguards and accepted by the Agency.

34. India shall notify the Agency of its intention to transfer within its jurisdiction any nuclear material, non-nuclear material, equipment or component subject to this Agreement to any facility or location in India to which paragraph 11(f) applies and shall provide to the Agency, before such transfer is effected, the necessary information to enable the Agency to make arrangements for the application of safeguards to such nuclear material, non-nuclear material, equipment or component after its transfer. The Agency shall also be given the opportunity as early as possible in advance of such a transfer to review the design of the facility for the sole purpose of determining that the arrangements provided for in this Agreement can be effectively applied. India may transfer the nuclear material, non-nuclear material, equipment or component only after the Agency has confirmed that it has made such arrangements.

35. India shall notify the Agency of its intention to transfer any nuclear material, non-nuclear material, equipment or component subject to this Agreement to a recipient which is not under the jurisdiction of India. Except as provided for in paragraph 30(a) of this Agreement, such nuclear material, non-nuclear material, equipment or component shall be so transferred only after the Agency has informed India that it has satisfied itself that Agency safeguards will apply with respect to the nuclear material, non-nuclear material, equipment or component in the recipient country. Upon receipt by the Agency of the notification of transfer from India and the confirmation of receipt by the recipient country, safeguards on such nuclear material, non-nuclear material, equipment or component shall be terminated under this Agreement.

36. The notifications referred to in paragraphs 34 and 35 of this Agreement shall be made to the Agency sufficiently in advance to enable it to make the arrangements required before the transfer is effected. The Agency shall promptly take any necessary action. The time limits for and the contents of these notifications shall be set out in the Subsidiary Arrangements.

III. SAFEGUARDS PROCEDURES

A. GENERAL PROCEDURES

Introduction

37. The safeguards procedures to be applied by the Agency are those specified in this Agreement, as well as such additional procedures as result from technological developments, and other procedures as may be agreed to between the Agency and India. The safeguards procedures set forth below shall be followed, as far as relevant, with respect to any item subject to this Agreement.

38. The Agency shall conclude with India Subsidiary Arrangements concerning the implementation of the safeguards procedures referred to above. The Subsidiary Arrangements shall also include any necessary arrangements for the application of safeguards to any item subject to this Agreement, including such containment and surveillance measures as are required for the effective implementation of safeguards. The Subsidiary Arrangements shall enter into force no later than six months after entry into force of this Agreement.

Design Review

39. The Agency shall review the design of principal nuclear facilities, for the sole purpose of satisfying itself that a facility will permit the effective application of safeguards.

40. The design review of a principal nuclear facility shall take place at as early a stage as possible. In particular, such review shall be carried out in the case of:

(a) An Agency project, before the project is approved;

(b) A bilateral or multilateral arrangement under which the responsibility for administering safeguards is to be transferred to the Agency, or an activity or facility unilaterally submitted by India, before the Agency assumes safeguards responsibilities with respect to the facility;

(c) A transfer of safeguarded nuclear material to a principal nuclear facility whose design has not previously been reviewed, before such transfer takes place; and

(d) A significant modification of a principal nuclear facility whose design has previously been reviewed, before such modification is undertaken.

41. To enable the Agency to perform the required design review, India shall submit to it relevant design information sufficient for the purpose, including information on such basic characteristics of the principal nuclear facility as may bear on the Agency’s safeguards procedures. The Agency shall require only the minimum amount of information and data consistent with carrying out its responsibility under this section. It shall complete the review promptly after the submission of this information by India and shall notify the latter of its conclusions without delay.

42. If the Agency wishes to examine design information which India regards as sensitive, the Agency shall, if India so requests, conduct the examination on premises in India. Such information should not be physically transmitted to the Agency provided that it remains readily available for examination by the Agency in India.

Records

43. India shall arrange for the keeping of records with respect to principal nuclear facilities and also with respect to all safeguarded nuclear material outside such facilities. For this purpose India and the Agency shall agree on a system of records with respect to each facility and also with respect to such material, on the basis of proposals to be submitted by India in sufficient time to allow the Agency to review them before the records need to be kept.

44. All records shall be kept in English.

45. The records shall consist, as appropriate, of:

(a) Accounting records of all safeguarded nuclear material; and

(b) Operating records for principal nuclear facilities.

46. All records shall be retained for at least two years.

Reports

General Requirements

47. India shall submit to the Agency reports with respect to the production, processing and use of safeguarded nuclear material in or outside principal nuclear facilities. For this purpose, India and the Agency shall agree on a system of reports with respect to each facility and also with respect to safeguarded nuclear material outside such facilities, on the basis of proposals to be submitted by India in sufficient time to allow the Agency to review them before the reports need to be submitted. The reports need include only such information as is relevant for the purpose of safeguards.

48. All reports shall be submitted in English.

Routine Reports

49. Routine reports shall be based on the records compiled in accordance with paragraphs 43 to 46 of this Agreement and shall consist, as appropriate, of:

(a) Accounting reports showing the receipt, transfer out, inventory and use of all safeguarded nuclear material. The inventory shall indicate the nuclear and chemical composition and physical form of all material and its location on the date of the report; and

(b) Operating reports showing the use that has been made of each principal nuclear facility since the last report and, as far as possible, the programme of future work in the period until the next routine report is expected to reach the Agency.

50. The first routine report shall be submitted as soon as:

(a) There is any safeguarded nuclear material to be accounted for; or

(b) The principal nuclear facility to which it relates is in a condition to operate.

Progress in Construction

51. The Agency may request information as to when particular stages in the construction of a principal nuclear facility have been or are to be reached.

Special Reports

52. India shall report to the Agency without delay:

(a) If any unusual incident occurs involving actual or potential loss or destruction of, or damage to, any safeguarded nuclear material or principal nuclear facility;

(b) If there is good reason to believe that safeguarded nuclear material is lost or unaccounted for in quantities that exceed the normal operating and handling losses that have been accepted by the Agency as characteristic of the facility; or

(c) Disruption of operation of facilities listed in the Annex on account of material violation or breach of bilateral or multilateral arrangements to which India is a party.

53. India shall report to the Agency, as soon as possible, and in any case within two weeks, any transfer not requiring advance notification that will result in a significant change (to be defined by the Agency in agreement with India) in the quantity of safeguarded nuclear material in a principal nuclear facility. Such report shall indicate the amount and nature of the material and its intended use.

Amplification of Reports

54. At the Agency’s request, India shall submit amplifications or clarifications of any report, in so far as relevant for the purpose of safeguards.

Inspections

General Procedures

55. The Agency may inspect any items subject to this Agreement.

56. The purpose of safeguards inspections under this Agreement shall be to verify compliance by India with this Agreement and to assist India in complying with this Agreement and in resolving any questions arising out of the implementation of safeguards.

57. The number, duration and intensity of inspections actually carried out shall be kept to the minimum consistent with the effective implementation of safeguards, and if the Agency considers that the authorized inspections are not all required, fewer shall be carried out.

58. Inspectors shall neither operate any facility themselves nor direct the staff of a facility to carry out any particular operation.

Routine Inspections

59. Routine inspections may include, as appropriate:

(a) Audit of records and reports;

(b) Verification of the amount of safeguarded nuclear material by physical inspection, measurement and sampling;

(c) Examination of principal nuclear facilities, including a check of their measuring instruments and operating characteristics; and

(d) Check of the operations carried out at principal nuclear facilities.

60. Whenever the Agency has the right of access to a principal nuclear facility at all times, it may perform inspections of which notice as required by paragraph 4 of the Inspectors Document need not be given, in so far as this is necessary for the effective application of safeguards. The actual procedures to implement these provisions shall be agreed upon between India and the Agency.

Initial Inspections of a Principal Nuclear Facility

61. To verify that the construction of a principal nuclear facility is in accordance with the design reviewed by the Agency, an initial inspection or inspections of the facility may be carried out:

(a) As soon as possible after the facility has come under Agency safeguards, in the case of a facility already in operation; and

(b) Before the facility starts to operate, in other cases.

62. The measuring instruments and operating characteristics of the facility shall be reviewed to the extent necessary for the purpose of implementing safeguards. Instruments that will be used to obtain data on the nuclear materials in the facility may be tested to determine their satisfactory functioning. Such testing may include the observation by inspectors of commissioning or routine tests by the staff of the facility, but shall not hamper or delay the construction, commissioning or normal operation of the facility.

Special Inspections

63. The Agency may carry out special inspections if:

(a) The study of a report indicates that such inspection is desirable; or

(b) Any unforeseen circumstance requires immediate action.

The Board shall subsequently be informed of the reasons for and the results of each such inspection.

64. The Agency may also carry out special inspections of substantial amounts of safeguarded nuclear material that are to be transferred outside the jurisdiction of India, for which purpose India shall give the Agency sufficient advance notice of any such proposed transfer.

B. SPECIAL PROCEDURES FOR REACTORS

Reports

65. The frequency of submission of routine reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections. However, at least two such reports shall be submitted each year and in no case shall more than 12 such reports be required in any year.

Inspections

66. One of the initial inspections of a reactor shall if possible be made just before the reactor first reaches criticality.

67. The maximum frequency of routine inspections of a reactor and of the safeguarded nuclear material in it shall be determined from the following table:

Whichever is the largest of: (a) Facility inventory (including loading); (b) Annual throughput; (c) Maximum potential annual production of special fissionable material (Effective kilograms of nuclear material) Maximum number of routine inspections annually
Up to 1 More than 1 and up to 5 More than 5 and up to 10 More than 10 and up to 15 More than 15 and up to 20 More than 20 and up to 25 More than 25 and up to 30 More than 30 and up to 35 More than 35 and up to 40 More than 40 and up to 45 More than 45 and up to 50 More than 50 and up to 55 More than 55 and up to 60 More than 60 0 1 2 3 4 5 6 7 8 9 10 11 12 Right of access at all times

68. The actual frequency of inspection of a reactor shall take account of:

(a) The fact that India possesses irradiated fuel reprocessing facilities:

(b) The nature of the reactor; and

(c) The nature and amount of the nuclear material produced or used in the reactor.

C. SPECIAL PROCEDURES RELATING TO SAFEGUARDED NUCLEAR MATERIAL OUTSIDE PRINCIPAL NUCLEAR FACILITIES

Nuclear Material in Research and Development Facilities

Routine Reports

69. Only accounting reports need be submitted in respect of nuclear material in research and development facilities. The frequency of submission of such routine reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections; however, at least one such report shall be submitted each year and in no case shall more than 12 such reports be required in any year.

Routine Inspections

70. The maximum frequency of routine inspections of safeguarded nuclear material in a research and development facility shall be that specified in the table in paragraph 67 of this Agreement for the total amount of material in the facility.

Source Material in Sealed Storage

71. The following simplified procedures for safeguarding stockpiled source material shall be applied if India undertakes to store such material in a sealed storage facility and not to remove it therefrom without previously informing the Agency.

Design of Storage Facilities

72. India shall submit to the Agency information on the design of each sealed storage facility and agree with the Agency on the method and procedure for sealing it.

Routine Reports

73. Two routine accounting reports in respect of source material in sealed storage shall be submitted each year.

Routine Inspections

74. The Agency may perform one routine inspection of each sealed storage facility annually.

Removal of Material

75. India may remove safeguarded source material from a sealed storage facility after informing the Agency of the amount, type and intended use of the material to be removed, and providing sufficient other data in time to enable the Agency to continue safeguarding the material after it has been removed.

Nuclear Material in Other Locations

76. Except to the extent that safeguarded nuclear material outside of principal nuclear facilities is covered by any of the provisions set forth in paragraphs 69 to 75 of this Agreement, the following procedures shall be applied with respect to such material (for example, source material stored elsewhere than in a sealed storage facility, or special fissionable material used in a sealed neutron source in the field).

Routine Reports

77. Routine accounting reports in respect of all safeguarded nuclear material in this category shall be submitted periodically. The frequency of submission of such reports shall be agreed between the Agency and India, taking into account the frequency established for routine inspections; however, at least one such report shall be submitted each year and in no case shall more than 12 such reports be required in any year.

Routine Inspections

78. The maximum frequency of routine inspections of safeguarded nuclear material in this category shall be one inspection annually if the total amount of such material does not exceed five effective kilograms, and shall be determined from the table in paragraph 67 of this Agreement if the amount is greater.

D. PROVISIONS FOR REPROCESSING PLANTS

Introduction

79. Additional procedures applicable to the safeguarding of reprocessing plants are set out below.

Special Procedures

Reports

80. The frequency of submission of routine reports shall be once each calendar month.

Inspections

81. A reprocessing plant having an annual throughput not exceeding 5 effective kilograms of nuclear material, and the safeguarded nuclear material in it, may be routinely inspected twice a year. The reprocessing plant, having an annual throughput exceeding 5 effective kilograms of nuclear material, and the safeguarded nuclear material in it, may be inspected at all times. The arrangements for inspections set forth in paragraph 60 of this Agreement shall apply to all inspections to be made under this paragraph. It is understood that for plants having an annual throughput of more than 60 effective kilograms, the right of access at all times would be normally be implemented by means of continuous inspection.

82. When a reprocessing plant is under Agency safeguards only because it contains safeguarded nuclear material, the inspection frequency shall be based on the rate of delivery of safeguarded nuclear material.

83. India and the Agency shall cooperate in making all the necessary arrangements to facilitate the taking, shipping or analysis of samples, due account being taken of the limitations imposed by the characteristics of a plant already in operation when placed under Agency safeguards.

Mixtures of Safeguarded and Unsafeguarded Nuclear Material

84. India and the Agency may agree on the following special arrangements in the case of a reprocessing plant which has not been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement or unilaterally submitted to safeguards under a safeguards agreement, and in which safeguarded and unsafeguarded nuclear materials are present:

(a) Subject to the provisions of sub-paragraph (b) below, the Agency shall restrict its safeguards procedures to the area in which irradiated fuel is stored, until such time as all or any part of such fuel is transferred out of the storage area into other parts of the plant. Safeguards procedures shall cease to apply to the storage area or plant when either contains no safeguarded nuclear material; and

(b) Where possible, safeguarded nuclear material shall be measured and sampled separately from unsafeguarded material, and at as early a stage as possible. Where separate measurement, sampling or processing are not possible, the whole of the material being processed in that campaign shall be subject to the safeguards procedures set out in Part III.D of this Agreement. At the conclusion of the processing the nuclear material that is thereafter to be safeguarded shall be selected by agreement between India and the Agency from the whole output of the plant resulting from that campaign, due account being taken of any processing losses accepted by the Agency.

E. PROVISIONS FOR CONVERSION PLANTS, ENRICHMENT PLANTS AND FABRICATION PLANTS

Introduction

85. Additional procedures applicable to conversion plants and fabrication plants are set out below. This terminology is synonymous with the term “a plant for processing or fabricating nuclear material (excepting a mine or ore-processing plant)” which is used in paragraph 117 of this Agreement.

86. In the event that India decides to offer an enrichment plant in the future as a facility subject to this Agreement, the Agency and India shall consult and agree on the application of the Agency’s safeguards procedures for enrichment plants before any such facility is added to the Annex.

Special Procedures

Reports

87. The frequency of submission of routine reports shall be once each calendar month.

Inspections

88. A conversion plant or a fabrication plant which has been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement, or unilaterally submitted to safeguards under a safeguards agreement, and the nuclear material in it, may be inspected at all times if the plant inventory at any time, or the annual input, of nuclear material exceeds five effective kilograms. Where neither the inventory at any time, nor the annual input, exceeds five effective kilograms of nuclear material, the routine inspections shall not exceed two a year. The arrangements for inspections set forth in paragraph 57 of this Agreement shall apply to all inspections to be made under this paragraph. It is understood that, for plants having an inventory at any time, or an annual input, of more than 60 effective kilograms, the right of access at all times would normally be implemented by means of continuous inspection. Where neither the inventory at any time nor the annual input exceeds one effective kilogram of nuclear material, the plant would not normally be subject to routine inspection.

89. When a conversion plant or a fabrication plant which has not been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement or unilaterally submitted to safeguards under a safeguards agreement contains safeguarded nuclear material, the frequency of routine inspections shall be based on the inventory at any time and the annual input of safeguarded nuclear material.
Where the inventory at any time, or the annual input, of safeguarded nuclear material exceeds five effective kilograms the plant may be inspected at all times. Where neither the inventory at any time, nor the annual input, exceeds five effective kilograms of safeguarded nuclear material, the routine inspections shall not exceed two a year. The arrangements for inspection set forth in paragraph 60 shall apply to all inspections to be made under this paragraph. It is understood that, for plants having an inventory at any time, or an annual input, of more than 60 effective kilograms, the right of access at all times would normally be implemented by means of continuous inspection. Where neither the inventory at any time nor the annual input exceeds one effective kilogram of nuclear material, the plant would not normally be subject to routine inspection.

90. The intensity of inspection of safeguarded nuclear material at various steps in a conversion plant or a fabrication plant shall take account of the nature, isotopic composition and amount of safeguarded nuclear material in the plant. Safeguards shall be applied in accordance with the general principles set forth in paragraphs 4 to 8 of this Agreement. Emphasis shall be placed on inspection to control uranium of high enrichments and plutonium.

91. Where a plant may handle safeguarded and unsafeguarded nuclear material, India shall notify the Agency in advance of the programme for handling safeguarded batches to enable the Agency to make inspections during these periods, due account being also taken of the arrangements under paragraph 92 of this Agreement.

92. India and the Agency shall cooperate in making all the necessary arrangements to facilitate the preparation of inventories of safeguarded nuclear material and the taking, shipping and/or analysis of samples, due account being taken of the limitations imposed by the characteristics of a plant already in operation when placed under Agency safeguards.

Residues, Scrap and Waste

93. India shall ensure that safeguarded nuclear material contained in residues, scrap or waste created during conversion or fabrication is recovered, as far as is practicable, in its facilities and within a reasonable period of time. If such recovery is not considered practicable by India, India and the Agency shall cooperate in making arrangements to account for and dispose of the material.

Safeguarded and Unsafeguarded Nuclear Material

94. India and the Agency may agree on the following special arrangements in the case of a conversion plant or a fabrication plant which has not been supplied wholly or substantially under a project agreement, submitted to safeguards under a safeguards agreement by the parties to a bilateral or multilateral arrangement or unilaterally submitted to safeguards under a safeguards agreement, and in which safeguarded and unsafeguarded nuclear material are both present:

(a) Subject to the provisions of sub-paragraph (b) below, the Agency shall restrict its safeguards procedures to the area in which safeguarded nuclear material is stored, until such time as all or any part of such nuclear material is transferred out of the storage area into other parts of the plant. Safeguards procedures shall cease to be applied to the storage area or plant when it contains no safeguarded nuclear material; and

(b) Where possible, safeguarded nuclear material shall be measured and sampled separately from unsafeguarded nuclear material, and at as early a stage as possible. Where separate measurement, sampling or processing is not possible, any nuclear material containing safeguarded nuclear material shall be subject to the safeguards procedures set out in Part III.E of this Agreement. At the conclusion of processing, the nuclear material that is thereafter to be safeguarded shall be selected, in accordance with paragraph 96 of this Agreement when applicable, by agreement between India and the Agency, due account being taken of any processing losses accepted by the Agency.

Blending of Nuclear Material

95. When safeguarded nuclear material is to be blended with either safeguarded or unsafeguarded nuclear material, the State shall notify the Agency sufficiently in advance of the programme of blending to enable the Agency to exercise its right to obtain evidence, through inspection of the blending operation or otherwise, that the blending is performed according to the programme.

96. When safeguarded and unsafeguarded nuclear material are blended, if the ratio of fissionable isotopes in the safeguarded component going into the blend to all the fissionable isotopes in the blend is 0.3 or greater, and if the concentration of fissionable isotopes in the unsafeguarded nuclear material is increased by such blending, then the whole blend shall remain subject to safeguards. In other cases, the following procedures shall apply:

(a) Plutonium/plutonium blending: The quantity of the blend that shall continue to be safeguarded shall be such that its weight, when multiplied by the square of the weight fraction of contained fissionable isotopes, is not less than the weight of originally safeguarded plutonium multiplied by the square of the weight fraction of fissionable isotopes therein, provided however that:

(i) In cases where the weight of the whole blend, when multiplied by the square of the weight fraction of contained fissionable isotopes, is less than the weight of originally safeguarded plutonium multiplied by the square of the weight fraction of fissionable isotopes therein, the whole of the blend shall be safeguarded; and

(ii) The number of fissionable atoms in the portion of the blend that shall continue to be under safeguards shall in no case be less than the number of fissionable atoms in the originally safeguarded plutonium;

(b) Uranium/uranium blending: The quantity of the blend that shall continue to be safeguarded shall be such that the number of effective kilograms is not less than the number of effective kilograms in the originally safeguarded uranium, provided however that:

(i) In cases where the number of effective kilograms in the whole blend is less than in the safeguarded uranium, the whole of the blend shall be safeguarded; and

(ii) The number of fissionable atoms in the portion of the blend that shall continue to be under safeguards shall in no case be less than the number of fissionable atoms in the originally safeguarded uranium;

(c) Uranium/plutonium blending: The whole of the resultant blend shall be safeguarded until the uranium and the plutonium constituents are separated. After separation of the uranium and plutonium, safeguards shall apply to the originally safeguarded component; and

(d) Due account shall be taken of any processing losses agreed upon between the State and the Agency.

IV. AGENCY INSPECTORS

97. The provisions of paragraphs 1 to 10 and 12 to 14, inclusive, of the Inspectors Document shall apply to Agency inspectors performing functions pursuant to this Agreement. However, paragraph 4 of the Inspectors Document shall not apply with regard to any facility or to nuclear material to which the Agency has access at all times. The actual procedures to implement paragraph 60 of this Agreement shall be agreed to between the Agency and India.

98. The relevant provisions of the Agreement on the Privileges and Immunities of the Agency (INFCIRC/9/Rev.2) shall apply to the Agency, its inspectors performing functions under this Agreement and to any property of the Agency used by them in the performance of their functions under this Agreement.

V. PHYSICAL PROTECTION

99. India shall take all suitable measures necessary for the physical protection of the facilities and nuclear material subject to this Agreement, taking into account the recommendations made in Agency’s document INFCIRC/225/Rev.4, as may be amended from time to time.

VI. SYSTEM OF ACCOUNTING AND CONTROL

100. India shall establish and maintain a system of accounting for and control of all items subject to safeguards under this Agreement, in accordance with provisions to be set out in the Subsidiary Arrangements.

VII. FINANCE

101. India and the Agency shall each bear any expense incurred in the implementation of their responsibilities under this Agreement. The Agency shall reimburse India for any special expenses, including those referred to in paragraph 6 of the Inspectors Document, incurred by India or persons under its jurisdiction at the written request of the Agency, if India notified the Agency before the expense was incurred that reimbursement would be required. These provisions shall not prejudice the allocation of expenses attributable to a failure by either India or the Agency to comply with this Agreement.

102. India shall ensure that any protection against third party liability, including any insurance or other financial security, in respect of a nuclear incident occurring in a facility under its jurisdiction shall apply to the Agency and its inspectors when carrying out their functions under this Agreement as that protection applies to nationals of India.

VIII. NON-COMPLIANCE

103. If the Board determines in accordance with Article XII.C of the Statute of the Agency that there has been any non-compliance by India with this Agreement, the Board shall call upon India to remedy such non-compliance forthwith, and shall make such reports as it deems appropriate. In the event of failure by India to take full remedial action within a reasonable time, the Board may take any other measures provided for in Article XII.C of the Statute. The Agency shall promptly notify India in the event of any determination by the Board pursuant in this regard.

IX. COOPERATION, INTERPRETATION AND APPLICATION OF THE AGREEMENT AND SETTLEMENT OF DISPUTES

104. The Agency and India shall cooperate to facilitate the implementation of this Agreement.

105. At the request of either India or the Agency, there shall be consultations about any question arising out of the interpretation or application of this Agreement. India and the Agency shall endeavour to settle by negotiation any dispute arising from the interpretation or application of this Agreement. India shall have the right to request that any question arising out of the interpretation or application of the Agreement be considered by the Board. The Board shall invite India to participate in the discussion of any such question by the Board.

106. In the event of any question or questions arising from the implementation of this Agreement, the Agency shall provide India with an opportunity to clarify and facilitate the resolution of such questions. The Agency shall not draw any conclusions in connection with the question or questions until India has had an opportunity to provide clarifications.

X. FINAL CLAUSES

107. India and the Agency shall, at the request of either of them, consult about amending this Agreement.

108. This Agreement shall enter into force on the date on which the Agency receives from India written notification that India’s statutory and/or constitutional requirements for entry into force have been met.

109. This Agreement shall remain in force until, in accordance with its provisions, safeguards have been terminated on all items subject to this Agreement, or until terminated by mutual agreement of the parties to this Agreement.

XI. DEFINITIONS

110.”Agency” means the International Atomic Energy Agency.

111.”Board” means the Board of Governors of the Agency.

112. “Campaign” means the period during which the chemical processing equipment in a reprocessing plant is operated between two successive wash-outs of the nuclear material present in the equipment.

113. “Conversion plant” means a facility (excepting a mine or ore-processing plant) to improve unirradiated nuclear material, or irradiated nuclear material that has been separated from fission products, by changing its chemical or physical form so as to facilitate further use or processing. The term conversion plant includes the facility’s storage and analytical sections. The term does not include a plant intended for separating the isotopes of nuclear material.

114. “Director General” means the Director General of the Agency.

115. “Effective kilograms” means:

(i) In the case of plutonium, its weight in kilograms;

(ii) In the case of uranium with an enrichment of 0.01 (1 %) and above, its weight in kilograms multiplied by the square of its enrichment;

(iii) In the case of uranium with an enrichment below 0.01 (1 %) and above 0.005 (0.5 %), its weight in kilograms multiplied by 0.0001; and

(iv) In the case of depleted uranium with an enrichment of 0.005 (0.5 %) or below, and in the case of thorium, its weight in kilograms multiplied by 0.00005.

116. “Enrichment plant” means a plant for separating the isotopes of nuclear material.

117. “Facility” means, for the purposes of this Agreement:

(i) A “principal nuclear facility”, which means a reactor, a plant for processing nuclear material irradiated in a reactor, a plant for separating the isotopes of a nuclear material, a plant for processing or fabricating nuclear material (excepting a mine or ore-processing plant) or a facility or plant of such other type as may be designated by the Board from time to time, including associated storage facilities, as well as a critical facility or a separate storage installation;

(ii) A research and development facility as defined in paragraph 127 of this Agreement;

(iii) Any location where nuclear material in amounts greater than one effective kilogram is customarily used;

(iv) A plant for the upgrading of heavy water or a separate storage installation for heavy water.

118. “Fuel fabrication plant” means a plant to manufacture fuel elements or other components containing nuclear material and includes the plant’s storage and analytical sections.

119. “Improved” means, with respect to nuclear material, that either:

(i) The concentration of fissionable isotopes in it has been increased; or

(ii) The amount of chemically separable fissionable isotopes in it has been increased; or

(iii) Its chemical or physical form has been changed so as to facilitate further use or processing.

120. “Inspector” means an Agency official designated in accordance with the Inspectors Document.

121. “Inspectors Document” means the Annex to the Agency’s document GC(V)/INF/39.

122. “Nuclear material” means any source or special fissionable material as defined in Article XX of the Statute.

123. “Produced, processed or used” means any utilization or any alteration of the physical or chemical form or composition, including any change of the isotopic composition, of nuclear material;

124. “Project agreement” means a safeguards agreement relating to an Agency project and containing provisions as foreseen in Article XI.F.4.(b) of the Statute.

125. “Reactor” means any device in which a controlled, self-sustaining fission chain-reaction can be maintained.

126. “Reprocessing plant” means a facility to separate irradiated nuclear materials and fission products, and includes the facility’s head-end treatment section and its associated storage and analytical sections. This term is synonymous with the term “a plant for processing nuclear material irradiated in a reactor” which is used in paragraph 117 of this Agreement.

127. “Research and development facility” means a facility, other than a principal nuclear facility, used for research or development in the field of nuclear energy.

128. “Statute” means the Statute of the Agency.

129. “Throughput” means the rate at which nuclear material is introduced into a facility operating at full capacity.

130. “Unilaterally submitted” means submitted by India to Agency safeguards.

DONE at Vienna, on the day of 2008, in duplicate, in the English language.

For the GOVERNMENT OF INDIA: For the INTERNATIONAL
ATOMIC ENERGY AGENCY:

ANNEX

LIST OF FACILITIES SUBJECT TO SAFEGUARDS UNDER THE AGREEMENT BETWEEN THE GOVERNMENT OF INDIA AND THE INTERNATIONAL ATOMIC ENERGY AGENCY FOR THE APPLICATION OF SAFEGUARDS TO CIVILIAN NUCLEAR FACILITIES

FACILITY OFFERED FOR SAFEGUARDS BY INDIA DATE OF RECEIPT OF NOTIFICATION
———————————————————————
Press Releases
Ministry of External

Published in: on ಜುಲೈ 19, 2008 at 3:21 ಫೂರ್ವಾಹ್ನ  ನಿಮ್ಮ ಟಿಪ್ಪಣಿ ಬರೆಯಿರಿ  

When I Asked God…

When I Asked God for Strength
He Gave Me Difficult Situations to Face

When I Asked God for Brain & Brown
He Gave Me Puzzles in Life to Solve

When I Asked God for Happiness
He Showed Me Some Unhappy People

When I Asked God for Wealth
He Showed Me How to Work Hard

When I Asked God for Favors
He Showed Me Opportunities to Work Hard

When I Asked God for Peace
He Showed Me How to Help Others

God Gave Me Nothing I Wanted
He Gave Me Everything I Needed
– Swami Vivekananda

Published in: on ಜುಲೈ 15, 2008 at 12:09 ಫೂರ್ವಾಹ್ನ  Comments (11)  

ನಿಮ್ಮ ಹುಟ್ಟುಹಬ್ಬ ಹಾಗೂ ನಿಮ್ಮ ಗುಣ!

ಇತ್ತೀಚೆಗೆ ಸ್ವೇಹಿತರೊಬ್ಬರು ಹುಟ್ಟಿದ ತಿಂಗಳನ್ನು ಆಧರಿಸಿ, ಮನುಷ್ಯನ ಗುಣಾವಗುಣಗಳು ಏನಿರಬಹುದು ಎಂದು ವಿವರಿಸಿದ್ದ ಇ-ಮೇಲ್ ಕಳುಹಿಸಿದ್ದರು. ನೀವು ಹುಟ್ಟಿ ತಿಂಗಳನ್ನು ಆಧರಿಸಿ ನಿಮ್ಮ ಗುಣ ಏನಿದೆಯೋ ನೋಡಿಕೊಳ್ಳಿ. ಇದು ಎಷ್ಟು ನಿಜ ಅಥವಾ ಎಷ್ಟು ಸುಳ್ಳು ಗೊತ್ತಿಲ್ಲ. ಆದರೆ ಕುತೂಹಲಕ್ಕೆ ಒಂದು ಟ್ರೈ ಕೊಡಿ.
What your Birth month means
JANUARY
1. Ambitious and serious
2. Loves to teach and be taught
3. Always looking at people’s flaws and weaknesses
4. Likes to criticize
5. Hardworking and productive
6. Smart, neat and organised
7. Sensitive and has deep thoughts
8. Knows how to make others happy
9. Quiet unless excited or tensed
10. Rather reserved
11. Highly attentive
12. Resistant to illnesses but prone to colds
13. Romantic but has difficulties expressing love
14. Loves children
15. Homely person
16. Loyal
17. Needs to improve social abilities
18. Easily jealous

FEBRUARY
1. Abstract thoughts
2. Loves reality and abstract
3. Intelligent and clever
4. Changing personality
5. Temperamental
6. Quiet, shy and humble
7. Low self esteem
8. Honest and loyal
9. Determined to reach goals
10. Loves freedom
11. Rebellious when restricted
12. Loves aggressiveness
13. Too sensitive and easily hurt
14. Showing anger easily
15. Dislike unnecessary things
16. Loves making friends but rarely shows it
17. Daring and stubborn
18. Ambitious
19. Realising dreams and hopes
20. Sharp
21. Loves entertainment and leisure
22. Romantic on the inside not outside
23. Supersticious and ludicrous
24. Spendthrift
25. Learns to show emotions

MARCH
1. Attractive personality
2. Affectionate
3. Shy and reserved
4. Secretive
5. Naturally honest, generous and sympathetic
6. Loves peace and serenity
7. Sensitive to others
8. Loves to serve others
9. Not easily angered
10. Trustworthy
11. Appreciative and returns kindness
12. Observant and assess others
13. Revengeful
14. Loves to dream and fantasize
15. Loves travelling
16. Loves attention
17. Hasty decisions in choosing partners
18. Loves home decors
19. Musically talented
20. Loves special things
21. Moody

APRIL
1. Active and dynamic
2. Decisive and hasteful but tends to regret
3. Attractive and affectionate to oneself
4. Strong mentality
5. Loves attention
6. Diplomatic
7. Consoling
8. Friendly and solves people’s problems
9. Brave and fearless
10. Adventurous
11. Loving and caring
12. Suave and generous
13. Emotional
14. Revengeful
15. Agressive
16. Hasty
17. Good memory
18. Moving
19. Motivate oneself and the others
20. Sickness usually of the head and chest
21. Easily get too jealous

MAY
1. Stubborn and hard-hearted
2. Strong-willed and highly motivated
3. Sharp thoughts
4. Easily angered
5. Attracts others and loves attention
6. Deep feelings
7. Beautiful physically and mentally
8. Firm standpoint
9. Easily influenced
10. Needs no motivation
11. Easily consoled
12. Systematic (left brain)
13. Loves to dream
14. Strong clairvoyance
15. Understanding
16. Sickness usually in the ear and neck
17. Good imagination
18. Good debating skills
19. Good physical
20. Weak breathing
21. Loves literature and the arts
22. Loves travelling
23. Dislike being at home
24. Restless
25. Hardworking
26. High spirited
27. Spendthrift

JUNE
1. Thinks far with vision
2. Easily influenced by kindness
3. Polite and soft-spoken
4. Having lots of ideas
5. Sensitive
6. Active mind
7. Hesitating
8. Tends to delay
9. Choosy and always wants the best
10. Temperamental
11. Funny and humorous
12. Loves to joke
13. Good debating skills
14. Talkative
15. Daydreamer
16. Friendly
17. Knows how to make friends
18. Abiding
19. Able to show character
20. Easily hurt
21. Prone to getting colds
22. Loves to dress up
23. Easily bored
24. Fussy
25. Seldom show emotions
26. Takes time to recover when hurt
27. Brand conscious
28. Executive
29. Stubborn
30. Those who loves me are enemies
31. Those who hates me are friends

JULY
1. Fun to be with
2. Secretive
3. Difficult to fathom and to be understood
4. Quiet unless excited or tensed
5. Takes pride in oneself
6. Has reputation
7. Easily consoled
8. Honest
9. Concern about people’s feelings
10. Tactful
11. Friendly
12. Approachable
13. Very emotional
14. Tempramental and unpredictable
15. Moody and easily hurt
16. Witty and sarky
17. Sentimental
18. Not revengeful
19. Forgiving but never forgets
20. Dislike nonsensical and unnecessary things
21. Guides others physically and mentally
22. Sensitive and forms impressions carefully
23. Caring and loving
24. Treats others equally
25. Strong sense of sympathy
26. Wary and sharp
27. Judge people through observations
28. Hardworking
29. No difficulties in studying
30. Loves to be alone!
31. Always broods about the past and the old friends
32. Likes to be quiet
33. Homely! person
34. Waits for friends
35. Never looks for friends
36. Not aggressive unless provoked
37. Prone to having stomach and dieting problems
38. Loves to be loved
39. Easily hurt but takes long to recover
40. Overly concerned
41. Puts in effort in work

AUGUST
1. Loves to joke
2. Attractive
3. Suave and caring
4. Brave and fearless
5. Firm and has leadership qualities
6. Knows how to console others
7. Too generous and egoistic
8. Taked high pride of oneself
9. Thirsty for praises
10. Extraodinary spirit
11. Easily angered
12. Angry when provoked
13. Easily jealous
14. Observant
15. Careful and cautious
16. Thinks quickly
17. Independent thoughts
18. Loves to lead and to be led
19. Loves to dream
20. Talented in the arts, music and defence
21. Sensitive but not petty
22. Poor resistance against illnesses
23. Learns to relax
24. Hasty and rushy
25. Romantic
26. Loving and caring
27. Loves to make friends

SEPTEMBER
1. Suave and compromising
2. Careful, cautious and organised
3. Likes to point out people’s mistakes
4. Likes to criticize
5. Quiet but able to talk well
6. Calm and cool
7. Kind and sympathetic
8. Concerned and detailed
9. Trustworthy, loyal and honest
10. Does work well
11. Sensitive
12. Thinking
13. Good memory
14. Clever and knowledgeable
15. Loves to look for information
16. Must control oneself when criticising
17. Able to motivate oneself
18. Understanding
19. Secretive
20. Loves sports, leisure and travelling
21. Hardly shows emotions
22. Tends to bottle up feelings
23. Choosy especially in relationships
24. Loves wide things
25. Systematic

OCTOBER
1. Loves to chat
2. Loves those who loves him
3. Loves to takes things at the centre
4. Attractive and suave
5. Inner and physical beauty
6. Does not lie or pretend
7. Sympathetic
8. Treats friends importantly
9. Always making friends
10. Easily hurt but recovers easily
11. Bad tempered
12. Selfish
13. Seldom helps unless asked
14. Daydreamer
15. Very opinionated
16. Does not care of what others think
17. Emotional
18. Decisive
19. Strong clairvoyance
20. Loves to travel, the arts and literature
21. Soft-spoken, loving and caring
22. Romantic
23. Touchy and easily jealous
24. Concerned
25. Loves outdoors
26. Just and fair
27. Spendthrift and easily influenced
28. Easily lose confidence

NOVEMBER
1. Has a lot of ideas
2. Difficult to fathom
3. Thinks forward
4. Unique and brilliant
5. Extraodinary ideas
6. Sharp thinking
7. Fine and strong clairvoyance
8. Can become good doctors
9. Careful and cautious
10. Dynamic in personality
11. Secretive
12. Inquisitive
13. Knows how to dig secrets
14. Always thinking
15. Less talkative but amiable
16. Brave and generous
17. Patient
18. Stubborn and hard-hearted
19. If there is a will, there is a way
20. Determined
21. Never give up
22. Hardly become angry unless provoked
23. Loves to be alone
24. Thinks differently from others
25. Sharp-minded
26. Motivates oneself
27. Does not appreciates praises
28. High-spirited
29. Well-built and tough
30. Deep love and emotions
31. Romantic
32. U! ncertain in relationships
33. Homely
34. Hardworking
35. High abilities
36. Trustworhty
37. Honest and keeps secrets
38. Not ! able to control emotions
39. Unpredictable

DECEMBER
1. Loyal and generous
2. Patriotic
3. Active in games and interactions
4. Impatient and hasty

Published in: on ಜುಲೈ 15, 2008 at 12:02 ಫೂರ್ವಾಹ್ನ  ನಿಮ್ಮ ಟಿಪ್ಪಣಿ ಬರೆಯಿರಿ  

ಸಾವಿನ ನಂತರವೇ ಏಕೆ?

ಸಾವಿನ ನಂತರವೇ ಏಕೆ?
ಇಂಥಾದ್ದೊಂದು ಪ್ರಶ್ನೆಯನ್ನು ಹುಳದಂತೆ ತಲೆಯಲ್ಲಿ ಹರಿಬಿಟ್ಟವನು ಪ್ರಜಾವಾಣಿಯ ವರದಿಗಾರ ಮಿತ್ರ ಶ್ರೀಕಂಠ.
ಏನಿಲ್ಲ… ಟಿವಿ9 ಮಿತ್ರ ರವೀಂದ್ರನ ನೆನಪಿನಲ್ಲಿ ಬರೆದಿದ್ದ ಲೇಖನಕ್ಕೆ ತನ್ನ ಪ್ರತಿಕ್ರಿಯೆ ಹರಿ ಬಿಟ್ಟಿದ್ದ ಶ್ರೀಕಂಠ ‘ಹೌದು ಕಣೋ, ಸುದ್ದಿಮನೆಯ ಮೇಜಿನ ಮೇಲೆ ನಡೆಯುವ ಹೊಸ ಹೊಸ ಪರಿಕಲ್ಪನೆಗಳು ಹೊರಗಿನ ಪ್ರಪಂಚಕ್ಕೆ ತಿಳಿಯುವುದೇ ಇಲ್ಲ. ಹಾಗೆ ತಿಳಿದರೆ ಅದು ಅವರ ಸಾವಿನ ನಂತರ ಮಾತ್ರ. ಅಂಥ ಪಟ್ಟಿಗೆ ರವೀಂದ್ರ ಕೂಡ ಸೇರಿದರಲ್ಲಾ ಎನ್ನುವುದು ದುಃಖದ ಸಂಗತಿ’ ಎಂದು ತನ್ನ ಅಭಿಪ್ರಾಯ ದಾಖಲಿಸಿದ್ದ.
ನಂತರ ಫೋನ್ ಮಾಡಿ ಒಂದೈದು ನಿಮಿಷ ಟಿವಿ9 ಬಗ್ಗೆ, ಅದರಲ್ಲಿನ ಪ್ರೋಮೋ ಬಗ್ಗೆಯೂ ತಲೆ ತಿಂದ. ‘ನಂಗೆ ಒಂದು ಅಥಱವಾಗಲ್ಲ ಮಾರಾಯ. ಎಲ್ಲರೂ ಯಾಕೆ ಸತ್ತ ನಂತರವೇ ಸುದ್ದಿಯಾಗ್ತಾರೆ? ಸತ್ತ ನಂತರವೇ ಯಾಕೆ ಆತ ತುಂಬಾ ಒಳ್ಳೆಯವ್ನಿದ್ದ. ಹಂಗಿದ್ದ. ಹಿಂಗಿದ್ದ ಅಂತ ಹಾಡಿ ಹೊಗಳೋಕೆ ಶುರು ಮಾಡ್ತಾರೆ? ಅದೇ ಬದುಕಿದ್ದಾಗ ಒಂದು ಮಾತೂ ಅವರ ಬಗ್ಗೆ, ಅವರ ಕೆಲಸದ ಬಗ್ಗೆ, ಅವರ ಬರವಣಿಗೆಯ ಬಗ್ಗೆ, ಅವರೆಲ್ಲಾ ಅವಗುಣಗಳ ನಡುವೆಯೂ ಇರಬಹುದಾದ ಒಂದಾದರೂ ಉತ್ತಮ ಗುಣದ ಬಗ್ಗೆ ನಾವು ಮಾತನಾಡುವುದೇ ಇಲ್ಲ ಎಂದಿದ್ದ.
ನಿಜ.
ಅದರಲ್ಲೂ ವರದಿಗಾರರಂತೂ ಒಬ್ಬರು ಮತ್ತೊಬ್ಬರನ್ನು ಹೊಗಳಿದ ಅಥವಾ ಹೊಗಳುವ ಉದಾಹರಣೆಗಳು ಅಪರೂಪ. ಹಾಗೆ ಮನಪೂವಱಕವಾಗಿ ಅವರ ಬಗ್ಗೆ ಹೊಗಳಿದ್ದರೂ, ಅದಕ್ಕೂ ಏನಾದರೂ ಹಿನ್ನೆಲೆ, ಮುನ್ನೆಲೆ ಕಲ್ಪಿಸಿ, ಸುದ್ದಿ ಹರಿ ಬಿಡುವುದು ಪತ್ರಿಕೋದ್ಯಮದಲ್ಲಿ ಅಪರೂಪವೇನಲ್ಲ. ಬೇಕಿದ್ದರೆ ನಿಮಗೆ ಪರಿಚಯವಿರುವ ಯಾವುದೇ ವರದಿಗಾರರನ್ನು ಕೇಳಿ ನೋಡಿ ! ಆತನ ಕೆಲಸಕ್ಕೆ ಆತನ ಸಂಸ್ಥೆ, ಅಥವಾ ಸಹುದ್ಯೋಗಿಗಳಿಂದ ಹೊಗಳಿಕೆ ಬಂದಿರುವುದೇ ಇಲ್ಲ. ಬಂದಿದ್ದರೂ ಅಪರೂಪ. ಹಾಗೇನಾದರೂ ಬಂದಿದ್ದರೆ ಅದು ಕೇವಲ ಹೊರಗಿನ ಓದುಗ ಮಿತ್ರರಿಂದ!
ಹೀಗಾಗಿಯೇ ವರದಿಗಾರರಾಗಲಿ ಅಥವಾ ಸುದ್ದಿಮನೆಯಲ್ಲಿರುವ ಕೆಲ ಅಪರೂಪದ ಪ್ರತಿಭೆಗಳ ಬಗ್ಗೆಯಾಗಲಿ ಯಾರೂ ಬರೆಯುವುದಿಲ್ಲ. ಬರೆದದ್ದೂ ಇಲ್ಲ. ಅಂತಹ ಹೊಸ ಸಂಪ್ರದಾಯಕ್ಕೆ ನಾಂದಿ ಹಾಡಿದ್ದು ವಿಶ್ವೇಶ್ವರ ಭಟ್ಟರ ಸುದ್ದಿಮನೆ ಕಥೆ ಕಾಲಂ! ಈ ಕಾಲಂ ಬಂದ ನಂತರವೇ ಓದುಗರಿರಲಿ, ಸ್ವತ: ಅನೇಕ ಪತ್ರಕತಱರಿಗೂ ಪತ್ರಿಕೆಯೊಂದರಲ್ಲಿ ಇಷ್ಟೆಲ್ಲಾ ಕೆಲಸ ವಿರುತ್ತದಾ? ಹೀಗೆಲ್ಲಾ ಆಗುತ್ತದಾ? ಹೀಗೂ ಇರುತ್ತದಾ? ಹೀಗೆಲ್ಲಾ ಆಗಿತ್ತಾ ಎಂಬ ಅಂಶಗಳು, ಅನೇಕ ಸತ್ಯಗಳು, ಇತಿಹಾಸದ ಎಳೆಗಳು ಅನಾವರಣಗೊಂಡದ್ದು.
ಹೀಗಾಗಿಯೇ ಮಿತ್ರ ಶ್ರೀಕಂಠ ಹುಳ ಬಿಟ್ಟ ನಂತರ ಒಂದೆರಡು ದಿನ ಹೌದಲ್ಲಾ! ಎಂದು ಯೋಚಿಸಿದೆ. ಅನೇಕರ ಬಗ್ಗೆ ಜಗತ್ತಿಗೆ ತಿಳಿದಿರುವುದೇ ಇಲ್ಲ. ಅಂಥಹವರ ಬಗ್ಗೆ, ನಾನು ಒಡನಾಡಿದ ಪತ್ರಕತಱ ಮಿತ್ರರ ಬಗ್ಗೆ, ಪತ್ರಿಕೋದ್ಯಮದಲ್ಲಿ ಇರದಿದ್ದರೂ, ಬೇರೆ ಕೆಲಸವನ್ನೇ ಮಾಡುತ್ತಾ, ಬರವಣಿಗೆಯ ಬದುಕನ್ನು ಪ್ರಿತಿಸಿ, ಬರೆಯುವವರ ಬಗ್ಗೆ ನಾನು ಬರೆದರೆ ಹೇಗೆ ಎಂದು ಚಿಂತಿಸಿದೆ.
ಸರಿ ಎನ್ನಿಸಿತು. ಅದಕ್ಕೇ ಇನ್ನು ಮುಂದೆ ಆಗಾಗ ಸಮಯ ಸಿಕ್ಕಾಗ ನನಗೆ ಸರಿ ಎನ್ನಿಸಿದ, ನಾನು ಒಡನಾಡಿದ, ಅವರಿವರಿಂದ ಒಳ್ಳೆ ಬರಹಗಾರ, ಕೆಲಸಗಾರ ಎನ್ನಿಸಿಕೊಂಡ ಪತ್ರಕತಱರ ಮಿತ್ರರ ಬಗ್ಗೆ ಈ ಬ್ಗಾಗ್ ನಲ್ಲಿ ಬರೆಯಬೇಕೆಂದಿದ್ದೇನೆ. ಯಾವುದೇ ಕಾರಣಕ್ಕೂ ಅವರ ಅವಗುಣಗಳೇನಿದ್ದರೂ ಅವುಗಳ ಬಗ್ಗೆ ಬರೆಯೋಲ್ಲ. ಏನಿದ್ದರೂ ಅವರ ಪಾಸಿಟಿವ್ ಅಂಶಗಳ ಬಗ್ಗೆ ಮಾತ್ರ ಬರೆಯುತ್ತೇನೆ. ಹಾಗಂತ ಎಲ್ಲರಲ್ಲೂ ಅವಗುಣಗಳಿವೆ ಎಂದಲ್ಲ. ಅವು ಅವರವರ ಆತ್ಮ ಸಾಕ್ಷಿಗಳಿಗೆ ಬಿಟ್ಟ ವಿಚಾರ. ಹೀಗಾಗಿ ಅವರ ಸಕಾರಾತ್ಮಕ ಮುಖ, ಹಾಗೂ ನಾನು ಅವರಿಂದ ಕಲಿಯಬೇಕಾದ ಅಂಶಗಳ ಬಗ್ಗೆ ಮಾತ್ರ ಬರೆಯಲಿದ್ದೇನೆ. ಇದು ವೃಥಾ ಹೊಗಳಿಕೆ ಎಂದು ತಿಳಿಯಬೇಕಿಲ್ಲ. ನನ್ನ ಮನಸ್ಸಿಗೆ ನಿಜಕ್ಕೂ ಸರಿ! ಹೌದಪ್ಪಾ ಇವರಿಂದ ಕಲಿಯಬೇಕಾದ್ದು ಇದೆ ಅಥವ ಕಲಿತಿದ್ದೇನೆ ಎನ್ನುವವರ ಬಗ್ಗೆ ಮಾತ್ರ ಬರೆಯುತ್ತೇನೆ.
ಅನೇಕರ ಬಗ್ಗೆ ನಾನು ಬರೆಯುವ ಅವಶ್ಯಕತೆ ಇಲ್ಲ. ಅಥವಾ ನಾನು ಬರೆದ ನಂತರ ಅವರ ಬಗ್ಗೆ ಜಗತ್ತಿಗೆ ತಿಳಿಯುತ್ತದೆ ಎಂದೇನೂ ಅಲ್ಲ. ಏಕೆಂದರೆ ನಾನೇ ಇನ್ನೂ ಪತ್ರಿಕೋದ್ಯಮದಲ್ಲಿ ಅಂಬೆಗಾಲಿಕ್ಕುತ್ತಿರುವ ಎಡಬೇಸಿ!
ನಾನು ಯಾರು ಅಂತಲೇ ಇನ್ನೂ ಕನ್ನಡ ಪತ್ರಿಕೋದ್ಯಮಕ್ಕೆ ಗೊತ್ತಿಲ್ಲ! ನನ್ನದು ಅಂತ ಪ್ರತ್ಯೇಕ ಇಮೇಜ್ ಕೂಡಾ ಬೆಳೆಸಿಕೊಂಡಿಲ್ಲ! ಹೀಗಾಗಿ ಈಗ ಕ್ರಿಯಾಶೀಲರಾಗಿರುವ ಪತ್ರಕತಱರಿಗೆ ನಾನು ಸಟಿಱಫಿಕೆಟ್ ನೀಡುವ ಅವಶ್ಯಕತೆ ಇಲ್ಲ ಅಂತ ನನಗೆ ಖಂಡಿತಾ ಗೊತ್ತು. ಆದರೆ ಇದನ್ನೆಲ್ಲಾ ಸ್ನೇಹದ ತಂತುವಿನ ಆಧಾರದ ಮೇಲೆ ಹಾಗೂ ನನ್ನ ಮೇಲೆ ಅವರು ಬೀರಿದ ಪ್ರಭಾವದ ಆಧಾರದ ಮೇಲೆ ಬರೆಯುತ್ತೇನೆ. ಅವರಿಂದ ನಾನು ಏನಾದರೂ ಸ್ವಲ್ಪ ಕಲಿತದ್ದಕ್ಕಾಗಿ ಅವರ ಬಗ್ಗೆ ಬರೆಯುತ್ತೇನೆ. ಅವರ ಬಗ್ಗೆ ಜಗತ್ತಿಗೆ ನಾನು ತಿಳಿಸುತ್ತಿದ್ದೇನೆ ಎಂಬ ಹಮ್ಮಿನಿಂದಲ್ಲ. ಅಷ್ಟೇ!
ಅಂದ ಹಾಗೆ ಮೊದಲ ಬಾರಿ ಯಾರ ಬಗ್ಗೆ ಬರೆಯಲಿ ಎಂಬ ಚಿಂತೆಯಲ್ಲಿದ್ದೇನೆ.
ಏಕೆಂದರೆ ನಾನು ಅನೇಕರಿಂದ ಅನೇಕ ವಿಷಯಗಳನ್ನು ಕಲಿತಿದ್ದೇನೆ.
ಹೀಗಾಗಿ ಯಾರ ಬಗ್ಗೆ ಮೊದಲು ಬರೆಯಲಿ?
ಅವರ ಬರಹದ ಬದುಕಿಗೆ ನನ್ನ ಮನದಾಳದ ಧನ್ಯವಾದಗಳನ್ನಪಿಱಸಲಿ??

Published in: on ಜುಲೈ 13, 2008 at 11:42 ಅಪರಾಹ್ನ  ನಿಮ್ಮ ಟಿಪ್ಪಣಿ ಬರೆಯಿರಿ