Khurshid seeks TMC support on India-Bangla border deal

November 25, 2012
SalmanKhurshid

New Delhi, November 25: Notwithstanding the bitterness between the Congress and its estranged ally Trinamool Congress, External Affairs Minister Salman Khurshid has reached out to Mamata Banerjee’s party to seek its support on a proposed bill to amend the Constitution for ratification of a boundary deal between India and Bangladesh.

Though Banerjee and her government in West Bengal are believed to have reservations over the additional protocol that New Delhi and Dhaka last year agreed to add to the 1974 Land Boundary Agreement, Khurshid offered to arrange a briefing by the Ministry of External Affairs for the Trinamool Congress MPs in Rajya Sabha and Lok Sabha.

The Congress-led United Progressive Alliance Government also sought help from the Bharatiya Janata Party for the passage of the proposed bill for amendment of the Constitution by both Houses of Parliament. But the principal opposition party is likely to oppose the ratification of the deal since it had earlier joined the clamour against it in Assam, which, like West Bengal, also has a stretch of the 4,096.70 km-long India-Bangladesh border.

The External Affairs Minister wrote to the chairman of the Trinamool Congress Parliamentary Group, Mukul Roy, pointing out that the implementation of the 1974 Land Boundary Agreement and its additional protocol would “result in better management and coordination of the border and strengthening” India’s efforts to deal with smuggling and other crimes across the country’s border with Bangladesh.

Khurshid reminded Roy that the Centre obtained “written concurrence of the state governments concerned” before signing the additional protocol to Land Boundary Agreement with Bangladesh.

The protocol was signed during Prime Minister Manmohan Singh’s visit to Dhaka on September 6 and 7 last year. It seeks to resolve pending disputes on un-demarcated stretches, facilitate exchange of 111 Indian enclaves in Bangladesh with 51 Bangladesh enclaves in India and preserve status quo on territories in adversely possessed land.

“Since the proposal of exchange of enclaves and redrawing of boundary involves transfer of territories, it requires an Amendment to the Constitution,” wrote Khurshid.

Sources told Deccan Herald that the government was keen to introduce the bill to amend the Constitution in Parliament soon, since New Delhi wanted to send out a message to Dhaka that Singh’s Government was committed to ratifying both the 1974 deal and its additional protocol.

Singh is understood to have taken up the issue with BJP top brass L K Advani, Sushma Swaraj and Arun Jaitley during the dinner he hosted for them last Thursday. Sources, however, said that the BJP troika had refused to commit the party’s support to the government for passage of the bill.

Troubled ties

Trinamool Congress’ troubled ties with Congress worsened after Banerjee pulled out of the prime minister’s entourage to Dhaka in September 2011, because she had reservations over the proposed India-Bangladesh agreement for sharing of the water of common river Teesta. New Delhi put the deal on Teesta on the backburner, but signed the protocol to the Land Boundary Agreement with Dhaka during the prime minister’s visit to Bangladesh. The chief ministers of northeastern states having stretches of India-Bangladesh border accompanied Singh.

The deal however triggered protests from social organisations and political parties in Assam and Meghalaya, as it was alleged that the new protocol added to the boundary deal would make the States lose territories to Bangladesh.

The government needs two-third majority in both the Houses to get any constitutional amendment bill passed and the UPA at present does not have the support of enough MPs.


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November 12,2024

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The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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November 11,2024

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The Manipur Kuki MLAs have released a statement calling out Solicitor General Tushar Mehta's 'lies' in the Supreme Court. In a joint statement, the MLAs, including those from the Bharatiya Janata Party, said they had not had any meeting with the Chief Minister since May 3, 2023, nor did they intend to meet him in the future as “he was the mastermind behind the violence”.

As per the MLAs, the SG lied about state CM N Biren Singh speaking to Kuki MLAs to control the situation there, in order to halt a Supreme Court probe into the leaked tapes which allege that Singh has been complicit in the violence that broke out between Kukis and Meitis there.

"We...clarify that we have never had any meeting with Chief Minister, Shri N. Biren Singh since May 3, 2023, nor have any intention to meet him in future as he is the mastermind behind the violence and ethnic cleansing of our people from the Imphal valley, which is continuing till today, the latest being the brutal killing and burning of Mrs Zosangkim Hmar on November 7, 2024," the letter read, while condemning the recent 'barbaric' killing of the woman there, and noting the SG's assertion is 'tantamount' to misleading the top court.

“We, the undersigned ten MLAs, have come to know that during the Supreme Court hearing held on November 8, 2024, the Solicitor General of India submitted that ‘CM is meeting all Kuki MLAs and trying to bring the situation down to get peace’. In this connection, we hereby categorically state that this submission is a blatant lie and tantamount to misleading the Hon’ble Supreme Court of India,” the statement said.

The Supreme Court, while hearing a petition by a Kuki organisation, asked that it submit audio tapes to substantiate its claim that the Chief Minister was instrumental in inciting and organising violence in the northeastern State.

Solicitor-General Tushar Mehta orally informed the court that the Chief Minister was meeting all the Kuki-Zo MLAs and that peace in the State had come at a huge cost.

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