We might define a constitution as its process of amendment. For to amend is to deconstitute and reconstitute. […] But the amending clause is so fundamental to a Constitution that I am tempted to call it the Constitution itself.

Herman Finer, The Theory and Practice of Modern Government

Thoughts on 26/11, a year later

A year ago, to the very day, Mumbai was faced with what can be termed as the worst terrorist attack on Indian soil. Terrorists stormed into the city and left a trail of blood at Chhatrapati Shivaji Terminus (CST), Leopold Café, Cama Hospital, Nariman House, the Oberoi Trident and the Taj Mahal Hotel. The last three places were in fact under their control for three days and the hostage situation made it all the more difficult for law enforcement agencies to bring things under control. It was a very well-plotted terror attack that left the nation in a state of shock as almost 200 people were killed in a span of three days. The terrorists had come via boats and shot anybody in sight, proving that they were on a mission to take as many lives and cause as much damage as they could. Even now the memory of this incident brings tears to my eyes and why shouldn’t it?

The role of the media is something that has to be talked about. While I do agree that they crossed the line a number of times, one most also take into consideration the fact that it was their 24 hour reporting that actually united the nation in that time of sorrow. They, however, shouldn’t have only stuck to the hotels that were attacked and given a better coverage of what happened at CST. After all, it was at CST where the common man was attacked. This just goes to prove the media’s fascination with the elite.

Probably the greatest irony is the fact that exactly sixty years ago India’s Constituent Assembly adopted our Constitution, something which was adopted two months later on 26 January, 1950. Because of this 26 November was declared National Law Day. Who could have thought that utter chaos and lawlessness would be seen in the country’s financial capital on National Law Day?

The Taj Mahal hotel is one of Mumbai’s finest structures that is right in front of the city’s most prominent landmark- The Gateway of India. During the British Raj, the first thing that one saw after the Gateway while sailing into the city would be the magnificent structure of the hotel, which is a heritage building in its own right. Watching it burn was an image that I, among many others can’t take out of the mind easily. Even more disturbing was the hostage situation at Nariman House, where the Israeli Mossad actually sent their men for helping the National Security Guard (NSG) commandos, who were air-dropped on top of a neighbouring building for carrying out the counter-operation- Operation Black Tornado. Most of the Israeli occupants were killed. Just the child of two of the casualties (a Rabbi and his wife) and his nanny managed to make it alive. My heart goes out to that two year old child Moshe.

The sacrifice of officers is also something that keeps the memories intact. ATS chief Karkare, ACP Kamte, encounter specialist Salaskar and NSG commandos Major Sandeep Unnikrishnan and Havaldar Gajendra Singh fought the terrorists till their very last moments. In fact, Major Sandeep’s last words are believed to be “Do not come up, I will handle them, something which he told his men as he was hit by bullets as he was taking on armed terrorists inside the Taj Hotel. Don’t forget Tukaram Gopal Ombale either. It is because of him we have the lone surviving terrorist. I salute the dedication of these men. The bravery of the staffers (especially the manager of the Taj, a man who lost his wife and two sons in the attacks) of both the hotels and volunteers who helped survivors is very commendable too.

In India, terrorism has always been a criminal justice issue. Terrorism is basically a crime that is intended to have a disproportionately large impact on a society through the creation of terror. This involves the use of violence with the intention of achieving a political or social goal. Terrorist organisations usually follow the strategy of forming cells. A cell consists of various terrorists, each with a special responsibility. After the terrorists strike, this temporary organisational structure breaks as the cell disbands. This makes it difficult for the law enforcement agencies to get hold of them.

To succeed in the war against terror, at least one of two integral elements of terrorism must be eliminated. These elements are the motivation of the terrorists and their operational capability. Their primary motivation is their hate for Indians. Hating someone isn’t a crime. But when individuals and groups have views such as these terrorists do, it becomes a matter of concern. While it is extremely difficult to get rid of this element of motivation, the operational capability of terrorists can be handled if the law enforcement agencies apply themselves in the right way. Sharing of information between these agencies is very crucial. Intelligence failures have often been cited as reasons for the failure to stop a number of terrorist attacks (including the 26/11 Mumbai attacks). Not only was there a lack of co-ordination between agencies but also communication problems between branches inside a single agency. This needs to stop. Sharing of information shouldn’t only be in India as there need to be mechanism for sharing foreign intelligence with the agencies in charge here. With federal agencies communicating with each other on a regular basis, there will be a more co-ordinated attempt at preventing terrorist activities.

Democratic society and rule of law should remain intact even in the face of the anger we have within because of incidents like this. We have no option but to let the criminal justice system run. What terrorists basically want is the failure of the very system on which the fabric of society is based and revenge will blind us, something which will shake the foundations of our system. Ajmal Kasab, the only surviving terrorist from the 26/11 attacks is now being given a fair trial as we are upholding our Constitution by giving him legal representation, something which we are bound to do unless we are in a state of war against his nation i.e. Pakistan. Also, I have read somewhere that Kasab cannot be given capital punishment even if we are able to prove that he was acting on orders of the Pakistani high command as that will make him a prisoner of war and India, being a signatory to the Geneva Convention cannot execute a prisoner of war. All we can do now is wait and watch as the law takes its course. In the mean time let us salute the spirit of Mumbai, a city that has carried on regardless of what it has faced. This makes the city win our hearts as we all pray for the city. I hope the Shiv Sena and MNS don’t have any problem with that.

Lack of unity and cohesion in national parties, particularly the Congress Party, and behaviour of the members of the different groups within the party have weakened the authority of the leader of the party who becomes the Prime Minister.

Dr. J.N. Pandey, The Constitutional Law of India (46th Edition)

This is all I did at the Uni library today. It started a bit of reading about the Constitution for my Constitutional Law project and then it was the Law School Brouhaha and the Japanese Connection reduxes that took over. Add spectating a Parliamentary Debate to that.

One long day. D’Arvit! Thank heavens for a fantastic dinner.

Check: http://twitter.com/sentinelamit/status/3884900456

The WADA clause and Constitutional Rights

A write-up on how the WADA whereabouts clause may end up raising the question of BCCI being a State under Article 12 of the Indian Constitiution.