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UP verdict in perspective

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Opinion Verdict 2017

[vc_row][vc_column][vc_column_text]There is no need to be overwhelmed by BJP’s superlative performance 

By Parsa Venkateshwar Rao Jr

The temptation to focus exclusively on the verdict in Uttar Pradesh, and hence on Prime Minister Narendra Modi and Bharatiya Janata Party (BJP) president Amit Shah and the BJP is natural.  UP is big and important, but it is important to remember not for India but for itself. India seems to progress very well on the economic and social front despite UP lagging far behind. But most politicians and political pundits seem to believe that UP is key Indian politics and to ruling India.

It is forgotten that from 1991 to 2009, it was not necessary for any party to win UP in order to form a government in Delhi. The BJP had won 51 from UP and 120 in Lok Sabha  in 1991, 52 and 161 in 1996, 57 and 182 in 1998, 29 and 182 in 1999, 10 and 138 in 2004, 10 and 116 in 2009, 71 and 281 in 2014. When Congress led a coalition government in 2004 and 2009 with 145 and 206 seats in Lok Sabha, it had won 10 and 21 from UP.

The picture had changed in 2014, and it seemed that UP is back at the centre of Indian politics. BJP had won 71 seats in the Lok Sabha elections that year, and it enabled the party to go past the magical simple majority mark of 272 seats all on its own. The BJP managed to get 281 seats on its own. But the irony remains. Despite getting a landslide victory in UP, BJP just managed a simple majority in Lok Sabha. So, the importance of UP is simply exaggerated.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]

To interpret the victory of BJP as the victory of communal forces in UP would be a distortion of facts.

[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]The point to be remembered is that UP’s assembly elections have logic of their own, and they should not be linked with a political party’s performance in the Lok Sabha election. There seems to be an apparent connection between the 71 seats that the BJP had won in the 2014 Lok Sabha election, and the 300 assembly seats it is set to win in 2017 assembly elections. But it would be nearer truth to keep the two apart.  The successive successes of the BJP in the Lok Sabha and the UP assembly elections is indeed an impressive record but there is no necessary link between the two, and the speculation that it is a sign of how the BJP would do in 2019 Lok Sabha election is a little too far-fetched.

It is a known fact that no two elections are the same. The seats won will vary, and so will the percentage of votes. The seat tally might either go down or go up, and the vote percentage may remain nearly the same. This is not to take away credit from Modi, Shah and the BJP. Their assiduous work seems to have paid off. The party could have excited communal passion here and there it could have touched on the inflammatory communal card here and there. But it did not win this assembly election or the 2014 Lok Sabha election on a communal agenda despite elements of communalism in the poll campaign. To interpret the victory of BJP as the victory of communal forces in UP would be a distortion of facts.  

What seems to have contributed to the overwhelming success of the BJP can be attributed to the split in the votes of SP due to the internal feud, the increasing marginalization of Congress. The poor performance of BSP will remain a puzzle, though the vote percentage remains impressive enough.

It is necessary to look at the assembly elections in the other four states. While BJP won Uttarakhand overwhelmingly, so did the Congress in Punjab. It has been a close fight in Goa and in Manipur, where BJP has an edge in Goa and Congress in Manipur.

The defeat of SP and BSP in UP should not be interpreted to mean that BJP has wiped out political opposition in the country as a whole. BJP has indeed emerged as a dominant party in the country’s politics, a position which was occupied by the Congress till the end of 1980s. The BJP had steadily climbed to the peak from 1991 to 2014 in Lok Sabha elections. [/vc_column_text][/vc_column][/vc_row]

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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8 Tamil Nadu engineering students killed in Kerala car-lorry crash

Eight engineering students from Tamil Nadu were killed after their car collided with a parked lorry on NH-66 in Kerala’s Thrissur district.

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Eight engineering students from Tamil Nadu were killed after the car they were travelling in crashed into a parked lorry on NH-66 in Kerala’s Thrissur district late Friday night, police said.

The accident took place at around 11.40 pm at Panambikkunnu in Kaipamangalam. The students were travelling from Guruvayur towards Kodungallur when their car collided with the rear of the lorry.

What happened in the Thrissur accident

According to the FIR, the lorry was parked illegally on the right side of the highway near a barricaded section where traffic had been diverted because of ongoing construction work.

Police said the car was travelling at high speed and its driver apparently failed to notice the diversion barricade before the vehicle crashed into the rear of the lorry.

The lorry was registered in Maharashtra.

Six students died at the accident spot, while two others were declared dead on arrival at a nearby hospital, police said.

Six victims identified

The victims were students of an engineering college in Dindigul and were travelling towards Kodungallur along NH-66.

Police have identified six of the eight victims. Four of them — Surya, Yuvasanjith, Vishva and Johua — were from Dindigul. The other two identified victims were Santhosh and Prasanna from Madurai.

The identities of the remaining two students are yet to be confirmed.

Residents, fire and rescue personnel and police took part in the rescue operation and pulled the students from the badly damaged car. The bodies were subsequently taken to the mortuary of Thrissur Medical College.

Case registered against lorry driver

Kaipamangalam police have registered a case against the lorry driver under Section 105 of the Bharatiya Nyaya Sanhita for culpable homicide.

Police said the driver went into hiding shortly after the accident.

The families of the victims were contacted using student identity cards recovered from the bodies. Police said some families were unaware that their children had travelled to Kerala.

Postmortem examinations will begin after the families reach Thrissur Medical College, police said.

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Air India sacks Phuket-Delhi flight pilot after failing drug test

Air India has terminated the Phuket-Delhi flight pilot after a confirmatory test found a psychoactive substance following the August 4 incident.

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Air India has terminated the employment of the pilot-in-command of a Phuket-Delhi flight after he tested positive for a psychoactive substance.

The pilot was in command of flight AI2379, which was travelling from Phuket to Delhi on August 4 when the aircraft suddenly lost altitude over Odisha. The incident left 24 passengers injured.

Air India said the termination was in line with its zero-tolerance policy regarding safety violations and regulatory requirements.

Air India terminates pilot with immediate effect

In a statement, the Tata-owned airline said the pilot-in-command had tested positive for a psychoactive substance.

The airline said that, considering its zero-tolerance approach to violations related to safety, fitness and regulatory requirements, the pilot’s employment had been terminated with immediate effect.

Air India also said it continues to cooperate fully with the investigation into the incident and has provided access to relevant operational, maintenance and technical records.

What happened on the Phuket-Delhi flight?

According to the preliminary findings of the Aircraft Accident Investigation Bureau (AAIB), the Airbus A320 was carrying 145 people when it experienced the near-simultaneous loss of all three hydraulic systems while cruising at around 36,000 feet.

The technical failure resulted in the autopilot disconnecting and triggered a brief stall warning. The aircraft subsequently lost altitude, resulting in injuries to 24 passengers.

The preliminary report also noted that the pilot tested non-negative for a psychoactive substance in a confirmatory test.

However, the report did not establish that the pilot’s drug-test result caused or contributed to the hydraulic system failure or the subsequent loss of altitude.

AAIB recommends action over psychoactive substance finding

The AAIB described the confirmation of psychoactive substance use as a serious concern and recommended that the Directorate General of Civil Aviation (DGCA) take appropriate action against the pilot on priority.

The investigation into the technical and other aspects of the incident is still underway.

The preliminary report also noted that the co-pilot was flying the aircraft when the incident occurred and attempted to bring the situation under control.

Air India said safety remains its highest priority and that its pilots undergo training, proficiency checks, medical examinations and other regulatory assessments in accordance with applicable requirements.

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