Death to Yakub Memon: Should extraordinary rendition be a mitigating factor?

Sarfaraz Ahmed Khan, Research Scholar, City University of Hong Kong

The article of Mr B. Raman, the head of the Pakistan Desk at the Research and Analysis Wing (RAW), published on rediff.com adds new dimensions to the Yakub Memon case. It has raised questions about adherence to the principle of fair trial and the rule of law by Indian investigating and prosecuting agency. If Mr. Raman’s statements are true, Memon was informally apprehended in Kathmandu with the help of the Nepal police, brought to India by road and thereafter flown to Delhi by a special aircraft and formally arrested in old Delhi. Mr. Raman, who was coordinating the entire operation, has been extremely courageous to put in writing the details of the operation which exposes the illegality committed by the state agency with far reaching consequences on the human rights of the accused and the international human rights obligation of Nepal. The term ‘extraordinary rendition’ refers to various irregular methods employed by a state to bring individuals from another state disregarding the formal legal process of extradition.  

Nepal has abolished death penalty and for it to send someone to another country without ensuring that death penalty will not be executed amounts to violation of human rights of the accused. It seems that the Indian investigating agency has indulged in extraordinary rendition to do away with the requirement of providing assurance as was given in Abu Salem’s case to Portugal. Indisputably, India can impose death penalty but the accused was brought from a country which has abolished death penalty. Had the due legal process been adhered to, death penalty would not have been awarded. Should the state be disallowed to take advantage of deliberate illegality? Does such illegality constitute a mitigating factor to determine the quantum of punishment? The answer may be ‘yes’ in all probabilities. In Memon’s case the court was kept in the dark about the illegality of the rendition process and this can tantamount to the violation of the principles of fair trial.           

Extraordinary Rendition, a violation of human rights of the accused

An extradition treaty between India and Nepal was signed on 2 October 1953 that obliges the two countries to extradite accused persons found within their territory by following legal procedures. Countries having extradition treaties are bound to extradite accused persons in adherence to the due process of law. Since Nepal has abolished the death penalty, it is undoubtedly obligated not to extradite anyone without ensuring protection to the right to life of such person. There are a few cases of other jurisdictions which explain this obligation. The Judge De Mayer of European Court of Human rights (ECtHR) in Soaring v. United Kingdom (1989) observed that death penalty itself constitutes a bar to extradition unless the requesting state provides satisfactory assurances that the death penalty shall not be imposed or if imposed shall not be carried out.

India is not the only country that brings accused from other countries by the process of extraordinary rendition. In South Africa, once an alleged terrorist of Al-Qaida, Mohamed, was taken away by the US Federal Bureau of Investigation (FBI) from Cape Town with the help of state authorities. The South African Constitutional Court in K. K. Mohamed v. Republic of South Africa (2001) had found such rendition to be violative of the constitutional rights of ‘human dignity, to life and of not to be treated or punished in a cruel, inhuman or degrading way.’ In El-Masri v. Macedonia (2012) ECtHR found the act of handing over the alleged accused to CIA agents by the Macedonian authorities inconsistent with his human rights protection. In another case, officers of the Italian military security services (SISMI) and CIA agents were convicted in Italy on the charge of kidnapping an accused whose rendition was carried out from Milan to Egypt in February 2003 (Tribunale Ordinario di Milano -Sez IV Penale-, Sentenza No 12428/09, 4 November 2009). Subsequently the conviction was set-aside on the ground of state immunity. It is important to understand that rendition may amount to abduction if done without following the due process of law.

Power of Arrest under Indian law

Section 48 of the Code of Criminal Procedure 1973 (CrPC) allows the investigating agency to pursue and arrest any accused only within the territory of India. To bring an offender from another country, orders have to be issued by judicial authority as per Section 105B of the CrPC. Impliedly, the Indian investigating agency has not followed the process prescribed under Section 105B of the CrPC. In such circumstances, Yakub Memon’s lawyer might argue that he was kidnapped from Nepal and kept in illegal confinement till the time he was shown to be arrested. In fact, from the point of time he was under custody till the time he had not been shown to be arrested, he was definitely under wrongful restraint and wrongful confinement, both punishable under the Indian Penal Code 1860. His illegal detention also violated his rights guaranteed under Article 21 of the Indian Constitution. Although the validity of trial and conviction is not affected by irregularity in arrest, it is a mitigating factor that should be placed before the court.

Consideration for awarding capital punishment

In Bachan Singh v. State of Punjab (1980) the Supreme Court held that death penalty can only be awarded ‘in the rarest of rare cases when the alternative option is unquestionably foreclosed.’ In this case the Court further imposed an obligation on the courts to draw up ‘a balance sheet of aggravating and mitigating circumstances’ and ‘in doing so the mitigating circumstances have to be accorded full weightage.’ In Machhi Singh v. State of Punjab (1983) the Supreme Court laid down that court can award death sentence only after ‘according maximum weightage to the mitigating circumstances which speak in favour of the offender.’ The illegal arrest and detention of the accused is one of the mitigating factors which should have been placed before the court but the prosecuting agency with the aim of securing death penalty not only failed to enlighten the court on this point but also made false statements about arrest and custody.

Were all mitigating factors before the court?

Did the court really take into account all mitigating factors before awarding capital punishment? Mr. Raman’s article also informs us that Memon had extended his support during investigation in bringing the other accused to India to face trial, and most importantly helped India to establish before the world community the role played by Pakistan’s intelligence agency, ISI, in harbouring terrorism. Mr. Raman argued that the cooperation extended by Yakub Memon is ‘a strong mitigating circumstance to be taken into consideration while considering whether the death penalty should be implemented.’

            The following mitigating factors were, probably, not known to the trial court while awarding capital punishment: (a) Memon was illegally detained in Nepal and brought to India; (b) the investigating agency had kept him under wrongful restraint and wrongful confinement till the time he was shown to be arrested; (c) the action of both India and Nepal resulted in violation of constitutional rights of accused; (d) the state of Nepal failed in fulfilling its legal obligation under international human rights law; (e) the state machinery in the zeal of securing capital punishment violated the international norms by not adhering to the process of extradition; (f) the Indian state machinery did not present the demeanour of the accused and the support extended by him during investigation; (g) the Indian state machinery made false statements about his arrest and detention.       

Moreover, Prof. Surya Deva of City University of Hong Kong has found after analysing 86 cases decided by the Indian Supreme court between January 2000 and October 2011 that the judiciary has applied the principle of ‘rarest of rare’ in ‘quite an inconsistent and arbitrary manner’ and the principle has outlived its utility. In fact, in Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) the Supreme Court itself observed that ‘it can be safely said that the Bachan Singh threshold of rarest of rare cases has been variedly and inconsistently applied by the various High Courts’ as well as Supreme Court’. In this backdrop when the absence of minor mitigating factors can change life into death, such nondisclosure on the part of the state before the trial court, in my view, is a serious omission of the investigating and prosecuting agency which not only deprived the accused of fair trail but also prevented the judges from balancing the aggravating and mitigating circumstances to determine the appropriate quantum of punishment. Such omission can only be rectified if the Supreme Court either remits the case to the trial judge to re-determine the quantum of punishment in light of the facts newly revealed or if it exercises its power under Article 142 of the Constitution to commute death sentence to life imprisonment.

 https://www.linkedin.com/pulse/death-yakub-memon-should-rendition-mitigating-factor-sarfaraz-khan?trk=prof-post

Death to Yakub Memon: Should extraordinary rendition be a mitigating factor?

http://www.legallyindia.com/Blogs/death-to-yakub-memon-should-extraordinary-rendition-be-a-mitigating-factor

Death to Yakub Memon: Should extraordinary rendition be a mitigating factor?

Sarfaraz Ahmed Khan, Research Scholar, City University of Hong Kong

The article of Mr B. Raman, the head of the Pakistan Desk at the Research and Analysis Wing (RAW), published on rediff.com adds new dimensions to the Yakub Memon case. It has raised questions about adherence to the principle of fair trial and the rule of law by Indian investigating and prosecuting agency. If Mr. Raman’s statements are true, Memon was informally apprehended in Kathmandu with the help of the Nepal police, brought to India by road and thereafter flown to Delhi by a special aircraft and formally arrested in old Delhi. Mr. Raman, who was coordinating the entire operation, has been extremely courageous to put in writing the details of the operation which exposes the illegality committed by the state agency with far reaching consequences on the human rights of the accused and the international human rights obligation of Nepal. The term ‘extraordinary rendition’ refers to various irregular methods employed by a state to bring individuals from another state disregarding the formal legal process of extradition.  

Nepal has abolished death penalty and for it to send someone to another country without ensuring that death penalty will not be executed amounts to violation of human rights of the accused. It seems that the Indian investigating agency has indulged in extraordinary rendition to do away with the requirement of providing assurance as was given in Abu Salem’s case to Portugal. Indisputably, India can impose death penalty but the accused was brought from a country which has abolished death penalty. Had the due legal process been adhered to, death penalty would not have been awarded. Should the state be disallowed to take advantage of deliberate illegality? Does such illegality constitute a mitigating factor to determine the quantum of punishment? The answer may be ‘yes’ in all probabilities. In Memon’s case the court was kept in the dark about the illegality of the rendition process and this can tantamount to the violation of the principles of fair trial.           

Extraordinary Rendition, a violation of human rights of the accused

An extradition treaty between India and Nepal was signed on 2 October 1953 that obliges the two countries to extradite accused persons found within their territory by following legal procedures. Countries having extradition treaties are bound to extradite accused persons in adherence to the due process of law. Since Nepal has abolished the death penalty, it is undoubtedly obligated not to extradite anyone without ensuring protection to the right to life of such person. There are a few cases of other jurisdictions which explain this obligation. The Judge De Mayer of European Court of Human rights (ECtHR) in Soaring v. United Kingdom (1989) observed that death penalty itself constitutes a bar to extradition unless the requesting state provides satisfactory assurances that the death penalty shall not be imposed or if imposed shall not be carried out.

India is not the only country that brings accused from other countries by the process of extraordinary rendition. In South Africa, once an alleged terrorist of Al-Qaida, Mohamed, was taken away by the US Federal Bureau of Investigation (FBI) from Cape Town with the help of state authorities. The South African Constitutional Court in K. K. Mohamed v. Republic of South Africa (2001) had found such rendition to be violative of the constitutional rights of ‘human dignity, to life and of not to be treated or punished in a cruel, inhuman or degrading way.’ In El-Masri v. Macedonia (2012) ECtHR found the act of handing over the alleged accused to CIA agents by the Macedonian authorities inconsistent with his human rights protection. In another case, officers of the Italian military security services (SISMI) and CIA agents were convicted in Italy on the charge of kidnapping an accused whose rendition was carried out from Milan to Egypt in February 2003 (Tribunale Ordinario di Milano -Sez IV Penale-, Sentenza No 12428/09, 4 November 2009). Subsequently the conviction was set-aside on the ground of state immunity. It is important to understand that rendition may amount to abduction if done without following the due process of law.

Power of Arrest under Indian law

Section 48 of the Code of Criminal Procedure 1973 (CrPC) allows the investigating agency to pursue and arrest any accused only within the territory of India. To bring an offender from another country, orders have to be issued by judicial authority as per Section 105B of the CrPC. Impliedly, the Indian investigating agency has not followed the process prescribed under Section 105B of the CrPC. In such circumstances, Yakub Memon’s lawyer might argue that he was kidnapped from Nepal and kept in illegal confinement till the time he was shown to be arrested. In fact, from the point of time he was under custody till the time he had not been shown to be arrested, he was definitely under wrongful restraint and wrongful confinement, both punishable under the Indian Penal Code 1860. His illegal detention also violated his rights guaranteed under Article 21 of the Indian Constitution. Although the validity of trial and conviction is not affected by irregularity in arrest, it is a mitigating factor that should be placed before the court.

Consideration for awarding capital punishment

In Bachan Singh v. State of Punjab (1980) the Supreme Court held that death penalty can only be awarded ‘in the rarest of rare cases when the alternative option is unquestionably foreclosed.’ In this case the Court further imposed an obligation on the courts to draw up ‘a balance sheet of aggravating and mitigating circumstances’ and ‘in doing so the mitigating circumstances have to be accorded full weightage.’ In Machhi Singh v. State of Punjab (1983) the Supreme Court laid down that court can award death sentence only after ‘according maximum weightage to the mitigating circumstances which speak in favour of the offender.’ The illegal arrest and detention of the accused is one of the mitigating factors which should have been placed before the court but the prosecuting agency with the aim of securing death penalty not only failed to enlighten the court on this point but also made false statements about arrest and custody.

Were all mitigating factors before the court?

Did the court really take into account all mitigating factors before awarding capital punishment? Mr. Raman’s article also informs us that Memon had extended his support during investigation in bringing the other accused to India to face trial, and most importantly helped India to establish before the world community the role played by Pakistan’s intelligence agency, ISI, in harbouring terrorism. Mr. Raman argued that the cooperation extended by Yakub Memon is ‘a strong mitigating circumstance to be taken into consideration while considering whether the death penalty should be implemented.’

            The following mitigating factors were, probably, not known to the trial court while awarding capital punishment: (a) Memon was illegally detained in Nepal and brought to India; (b) the investigating agency had kept him under wrongful restraint and wrongful confinement till the time he was shown to be arrested; (c) the action of both India and Nepal resulted in violation of constitutional rights of accused; (d) the state of Nepal failed in fulfilling its legal obligation under international human rights law; (e) the state machinery in the zeal of securing capital punishment violated the international norms by not adhering to the process of extradition; (f) the Indian state machinery did not present the demeanour of the accused and the support extended by him during investigation; (g) the Indian state machinery made false statements about his arrest and detention.       

Moreover, Prof. Surya Deva of City University of Hong Kong has found after analysing 86 cases decided by the Indian Supreme court between January 2000 and October 2011 that the judiciary has applied the principle of ‘rarest of rare’ in ‘quite an inconsistent and arbitrary manner’ and the principle has outlived its utility. In fact, in Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (2009) the Supreme Court itself observed that ‘it can be safely said that the Bachan Singh threshold of rarest of rare cases has been variedly and inconsistently applied by the various High Courts’ as well as Supreme Court’. In this backdrop when the absence of minor mitigating factors can change life into death, such nondisclosure on the part of the state before the trial court, in my view, is a serious omission of the investigating and prosecuting agency which not only deprived the accused of fair trail but also prevented the judges from balancing the aggravating and mitigating circumstances to determine the appropriate quantum of punishment. Such omission can only be rectified if the Supreme Court either remits the case to the trial judge to re-determine the quantum of punishment in light of the facts newly revealed or if it exercises its power under Article 142 of the Constitution to commute death sentence to life imprisonment.

https://plus.google.com/u/0/115453286903130501373/posts

A TRIBUTE TO PROFESSOR D. BANERJEA

 

A Tribute to Professor D. Banerjea

                One of the greatest teachers, whom I had the privilege of meeting,  Prof. D. Banerjea is no more with us. I am one of few fortunate, who got opportunity to work with him very closely as a student, a colleague,  and someone whom I considered to be my real Guru.

                  Sir joined the NUJS shortly after I enrolled at the University as an LL.M student in the year 2000. Thanks to Prof. Dr. Madhava Menon, Prof. Banerjea came to NUJS with decades of experience at  two of the most important administrative academies, namely Lal Bahadur Shastri National Academy of Administration and Sardar Vallabhbhai Patel National Police Academy. His teaching in those two academies greatly influenced some of our top most bureaucrats and senior police officials. His popularity among IAS and IPS is reflected from the fact that even now they enquire about Prof. Banerjea and express their gratitude. I recollect that in the year 2002, I had an opportunity of going with him to Writers Building on University work (For those of you who are not from West Bengal, Writers Building is the head quarters of the West Bengal State  Government). The message that Dada Banerjea (as he was fondly called) was in the  Building spread like fire and Chief Secretaries and Secretaries of almost all departments came out from their chambers and offered Pranaam to Him, (Paying respect to elders by touching their feet). Never have I seen such respect for a teachers and such respect from powerful officials who run the government. Every teacher like me  would hope that someday they can inspire such respect from their students.      

                The first assignment Prof. Banerjea undertook at NUJS, was to trained the newly recruited Judges of West Bengal. This was the beginning of similar projects to be undertaken by NUJS to trained Police Officers, Prosecutors, Magistrates and other Governmental Officers. During his tenure as Principal Coordinator and Head of School of Criminal Justice and Administration,  he always engaged himself in some work or other.  It was solely due to him that the Bureau of Police Research and Development assigned several projects to NUJS. One of the most prestigious projects was the Vertical Interaction Course for senior police officers. Once he left NUJS, we gradually started losing all such projects. Though all the projects were assigned to NUJS because of him, he never took credit for the same. He always worked and believed in team work. The amount of literature he has produced in form of Criminal Justice India Series (more than twenty volumes), Supreme Court on Criminal Justice is unimaginable and he will always be remembered for contribution. In fact we had failed to continue with his legacy.

                I was the biggest beneficiary of his presence at NUJS and got opportunity to enjoy the maximum time with him. While I was his co-teacher, I never found him going to class  unpreparation. He used to make most complex issues seem simple and explain them in a way that most students have not forgotten it to date. This was the reason for the student evaluation of Prof. D. Banerjea to be an example for all of us. It was my  biggest challenge  to cope with the   his students’ demand  when I wassuddenly forced to teach them. This forced me to prepare for even those classes which were supposed to be taken by him as I was always uncertain when he will ask me to take class. At first I felt annoyed but gradually I realized that this was the best training I could get in my teaching career. The way I teach in the class at NUJS, I learnt from Prof. Banerjea and I am highly indebted to him.

                Prof. Banerjea was father figure to all of us at NUJS. Everyone would go to him for advice. He was very friendly with everyone, from the Vice-Chancellor to the security guards at the University. He would ensure that the guards and cleaning staff got sufficient food during any SCJA conference or training. It was his greatness that during lunch session he would personally invite  any such staff who appeared in front of him for lunch.               

His presence at NUJS has benefited every one. If any of us had any difficulty, be it for passport or contacting police or any administration issue, he was always be there to help us. The thing for which we had to run from pillar to post was resolved  by a mere his phone call. Once when we were doing research on a West Bengal Report of Criminal Justice Administration and we needed some statistics from police department. After our all efforts to get the information failed, we asked Sir for his help.  He immediately  called the Commissioner of Police, who happened to be his old student and he ensured that the information reached us in the next few days. His room was always open for everyone.

                Prof. Banerjea was like a saint to me and always blessed me for my endeavor. I remember when I appeared for my interview for  Lectureship at NUJS in  2004, I had just been  awarded the British Chevening Scholarship to study at Essex University. One of the panelist in my interview started questioning me on how I can appointed when I was leaving for UK in the next two months. I was trying hard to convince  them that I would return after my studies and continue at NUJS. Professor Banerjea intervened in a strong tone and reminded the panelist that their duty was  to select an eligible candidate and any future course of action should be decided by the University. Because of his intervention I was  selected by the committee. Even after selection there were challenges,  whether NUJS would grant me leave to go for my studies  or should I leave for U.K. without joining. I decided to go to U.K. leaving things uncertain at the University. At that time, Professor Banerjea was my only hope and I eventually returned to join NUJS

                Professor Banerjea was a perfectionist. He could not tolerate any minor mistake. He was extremely hard working and though I always tried to fulfill his expectations, in reality I failed him many times.  

Sir, you were and will always be a guiding force for me and for thousands of students whose lives your touched.  I always tried hard to fulfill your expectations but failed miserably. Sir, I still I work hard hoping that you would be happy with my work. I will always endeavor to be a teacher like you and even if I have a fraction of your qualities, I will feel like my life is complete. You will forever be remembered by all of us. God give peace to your soul.                     

               

http://www.indianexpress.com/news/for-law-professor-life-turns-full-circle/905168

INDEPENDANCE DAY LECTURE

http://picasaweb.google.co.in/sarfarazahmedkhan033/QAMARUDDINSOZMEMORIALINDEPENDANCEDAYLECTURE2010?feat=directlink
http://picasaweb.google.co.in/sarfarazahmedkhan033/QAMARUDDINSOZMEMORIALINDEPENDANCEDAYLECTURE2010?feat=directlink

THE LECTURE WAS DELIVERED AT DON BOSCO SCHOOL LILUAH AT ITS INAUGURAL DAY ON 4TH APRIL, 2007

LIFE[1]

Respected Father Joseph Pathichal, other faculty members of the Institution, Mr. S. K. Agarwal and Dear students. I am honored to be with you today at the commencement of new academic year. The theme of the year, as you know, is Life and I have been asked to deliver key note address on the theme. I do not know whether I am competent to deliver lecture on such multifaceted issue without even crossing majority of its stages. I am not a philosopher nor a spiritual leader but simply one of the millions citizens of country who have seen and experienced the life very closely.

The day when I was asked to deliver this lecture, from then till now I am wondering – Why God Almighty has given me this life? Why there are so much disparity among the life of those who are rich, resourceful and those who do not have resources? Why those disparities even exist in all places irrespective of poor, developing and developed countries? I used to ask one question to my parents in my childhood that why people in developed world die at the average of 80-90 years while in India the average age of death is around 60 years while all have one Almighty God? They answered me that God has given the life along with the faculty to understand life and regulate it in the way one wish. Gods helps them. There were illustrations when people survived more than 100 years. Even couple of years back I asked my one of cousins who is Moulana (Religious Teacher) that why the rich who have resources survives much longer, have more fortunes and the poor are sufferers one? Does God discriminate among poor and rich? I had give him the example of our former Priminister V. P. Singh who has cancer since long but still surviving probably none of the cancer patient from poor family would have survived so long. My grandmother died because of cancer. He seems very angry on such question which he never expected. However, he politely replied every thing in the world happened on the direction of God Almighty. I do agree with him as I am not atheist and firmly believe that every thing in the world is with the grace of Almighty. The question which I posed, the reasoning which I given, the faculty of understanding one has developed all with the grace of Almighty. But even then can one change his own life? Can we have better world where every one will be equal? Can the capability which bestowed upon us will help in making life better not only of one self but of all?
Mohd. Iqbal, the great Urdu poet said,
KHUDI KO KAR BULAD ITNA KE HAR TAKDIR SE PEHLE
KHODA BANDE SE KHUD PUCHE BATA TERI RAJA KYA HAI
(You make yourself so high even before your luck that God himself will ask you what your wish is)

All the children of the Country are not privilege enough as most of you are while studying at one of the best institution in the Country. I know all of you have great future in life and you will succeed in your all endeavor. But there are people who are not privileged enough to study in best schools. Even there are children who have not seen the school because of poverty. This poverty is biggest enemy of our country. What fault those children have? Only that they born in a poor family and they suffer whole life, their lives become different from others – the meaning of life for them is different from others. I did my schooling at Calcutta Madrasah, which is an Urdu Medium Government School at Taltala. One day I asked my father why I have not studied in English medium school. Why I do not get all such opportunity as other students gets of the same school as well as of other reputed schools? During those days from my Class VI to Class X, I have to go to my father hawker stall which was at Esplanade. I had a small bicycle by which every day I had to travel 4 KM from residence to School and then from School to Esplanade. Every day I worked with my father, used to sell Sarees there on the footpath of Esplanade, and in the night around 10 to 11 we together returned to residence at Topsia. My father also had a Cycle. Within couple of years my younger brother joined us and also did the same thing. When ever I used to upset with our condition, or on comparing ourselves from others who have resources, my father used to reply just look on the other people who are worse than you, who do not have money to have two time meal, whose children works in factory or Hotel to feed himself as well as parents. It will give you some satisfaction. I always remember those words of my father and reiterate the same whenever any one complained about their conditions.


Even with all these difficulties I continued my study. Passed Madhyamik Examination in the year 1988. Similarly I did Higher Secondary from Umesh Chandra College in the year 1990. My father purchased one small shop at Topsia and started Building Materials business there. It brings fortune for us but not initially few years. I joined United Bank of India as Commission Agent just before Higher Secondary. There was a break of three years in my study during 1990-1993. However, I passed B. A. Examination as external candidate. My agency at Bank gave me financial assistance to continue my study. I joined South Calcutta Law College and completed LL.B in the years 1998. I got arranged marriage in 1999. I practiced for around two years and had been selected for admission at National Level Entrance Test of West Bengal National University of Juridical Sciences. The study at NUJS gave a new meaning to my life. Presently I am Lecturer of this University.

I may remind here that once Mahatma Gandhi said, ‘men often become what they believe themselves to be. If I believe I cannot do something, it makes me incapable of doing it. But when I believe I can, then I acquire the ability to do it even if I didn’t have it in the beginning’.

Sir C. V. Raman said in 1969 while addressing young graduate, ‘I would like to tell the young men and women before me not to lose hope and courage. Success can only come to you by courageous devotion to the task lying in front of you. I can assert without fear of contradiction that the quality of Indian mind is equal to the quality of any Teutonic[2], Nordic or Anglo-Saxon mind. What we lack is perhaps courage, what we lack is perhaps driving force, which takes one anywhere. We have, I think, developed an inferiority complex. I think what is needed in India today is the destruction of that defeatist spirit. We need a spirit of victory, a spirit that will carry us to our rightful place under the sun, a spirit which can recognize that we, as inheritors of proud civilization, are entitled to our rightful place on this planet. If that indomitable spirit were to arise, nothing can hold us from achieving our rightful destiny’.


My Professor at NUJS, Prof. D. Banerjea always reminded us that for all successful life, whether in professional career, administrative career, academic career or otherwise we need three ‘C’ – Character – Commitment – Competence. I had courage and determination, the Almighty made me successful.

When I was in Class IX, I went to British Council once to enquire about the process to study law at United Kingdom. My mother used to tell some story in my childhood where invariably Barristers, Judges were characters. She also never thought that her son will become lawyer one day and then faculty of one of the best law Universities of India. It was uncommon for Urdu Medium School student to visit British Council to enquire about studying at United Kingdom at that age. More so for me knowingly that my father resources will never be sufficient to send me U.K. My father was merely a hawker and I used to assist him every day from evening 4 to 10 in the night and during school holidays whole day. The fortune turns on me. I had been awarded British Cheveing Scholarship, which is one of the world most reputed scholarship, to Study LL.M at University of Essex, United Kingdom in the year 2004. The dream which I have seen in class IX got realized in the year 2004. The Holy Book Bible Said, ‘Ask and you shall receive’. It may not happen immediately but it happened nevertheless.

Dr Wayne Dyer in his book ‘Manifest your destiny’ interestingly categorized the life of man which passes through different stages as ‘Athelete Stage, Warrior Stage, State Person Stage and Spirit Stage. I am not aware where shall I put myself whether at the end of the second stage or beginning of third stage. The life of all person might not bring the fortune in same way as it happened to me. Because life is diverse, different for different person, its bring fortune to one and misfortune to others. Dr. A. P.J Abul Kalam said, to quote; ‘what is life but a mixture of unsolved problems, ambiguous victories, and amorphous defeats? The trouble is that we often merely analyse life instead of dealing with it. People dissect their failures for causes and effects, but seldom deal with them and gain experience to master them and thereby avoid their recurrence. This is my belief: that through difficulties and problems God gives us the opportunity to grow. So when you hopes and dreams and goal are dashed, search among the wreckage, you may find a golden opportunity hidden in the ruins’.

To prove the statement made by Dr. A. P. J. Kalam, I may allow to mention the story of Steve Jobs, CEO of Apple Computer and of Pixar Animation Studio. He in his lecture to the students at Graduation ceremony on 12th June, 2005 reiterated three instances from his life which indicate how golden opportunity is hidden in wreckage.
1. He dropped out from College, mainly due to financial constraint, and as he does not have regular classes he joined calligraphy classes. He learnt about serif and san serif typefaces, about varying the amount of space between different letter combinations, about what make great typography great. He never hope of any practical application of it in his life. Ten years later when he was designing the first Macintosh computer, it all came back to him. And he designed it all into Mac. It was the first computer with beautiful typography. According to him if he had never dropped out from college, the Mac would have never had multiple typefaces or proportionally space fonts. And since Windows just copied the Mac, its likely that no personal computer would have them. According to him one has to trust in something – his guts, destiny – life – karma – whatever. This approach had never let him down and it has made all the difference in his life.
2. He started Apple in his parents garage when he was 20. In 10 years it became $ 2 billion company with over 4000 employee. When he was 30 he got fired. How can one get fired from a company he started? As the company grows they started hiring other people and ultimately Board of Directors sided with him. What was the focus of his entire adult life was gone. The turn of the events at Apple had not changed him. He started a company named Next, another company name Pixar. Pixar went on to create the world first computer animated film, toy story and now is most successful animation studio in the world. In a remarkable turn of event Apple bought Next, he returned to Apple and the technology they developed at Next is at the heart of Apple current renaissance. He said that he was sure none of this would have happened if he had not been fired from Apple. According to him some time life hits one in the head with brick but don’t loose faith. According to him the only things which keep him going that he loved what he did.
3. Couple of year’s back he was diagnosed cancer. According to doctor he may not live more than three to six month. He remember one quote which said, ‘if you live each day as if it was your last, some day you will most certainly be right’. This quote made an impression on him and since then every morning while looking at mirror asked himself “if today were the last day of my life, would I want to do what I am about to do today?”. He reminded the young graduate that their time is limited, so don’t waste it living some one else life. He said, ‘Don’t trap by Dogma – which is living with the results of other people’s thinking. Don’t let the noise other’s opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition.

Dr. A. P.J Abul Kalam quoted Khalil Gibran who said, ‘Bread baked without love is a bitter bread that feeds but half a man’s hunger’ – According to Dr. Kalam those who cannot work with their hearts achieve but a hollow, half hearted success that breed bitterness all around. He showed the path to us by saying ‘Thinking is the capital, Enterprise is the way, and hard work is the solution’. What we need today in our life is to following one’s own desire, own pursuit.

Once Ibraham Lincoln said, “There is one thing that I would to say: happiness comes from family’s prosperity at various levels. God’s grace gives bliss to human lives – Happiness and bliss are two important components of a Godly life on earth. Perhaps there is so much conflict between peoples and nations because in our pursuit of prosperity and power we have lost sight of ethical values. We must ask ourselves, what is the role of human consciousness? Does it have a part in political thinking, scientific thinking and theological thinking? Is spirituality is acceptable in business of life?” This statement reminds us the requirement of incorporation of values in life. Even if one self achieved tremendously in his life, how he/she can contribute in the changing the lives of others. From where we will get lessons about morality, brotherhood and generosity? These lesson of morality can come only from religious education be it Christianity, Islam, Hinduism, or otherwise. Different persons lead their life differently. Some one do for oneself and others who devote their whole life in betterment of others lives. St. John Bosco born in far away Italy one hundred and ninety one years, seven month and sixteen days ago devoted his life for improvement of others. Still millions of children lives improves, including you all, by the mission developed by him. Kolkata is the City of Mother Teressa who devoted her life to the betterment of others, more particularly poor and under privilege. So one’s life is not only become meaning full for one self but have impact on the lives of millions others. That what the lessons we must draw from those great Saints.
Dr. A. P. J Abul Kalam Said, ‘Unfortunately, the only line prominently drawn in our country today is between the ‘Heroes’ and ‘Zeros’. On one side few hundred ‘Heroes’ keeping nine hundred and fifty million people down on the other side. This situation has to be changed’. According to him the biggest problem Indian youth faced was lack of vision, a lack of direction. What we really need now is proper vision which should not only include the progress, development one self but of others too. The life which can not contribute towards improvement of others life, more particularly poor and under privileged, such life is not complete.

I have shared with you the story of life, the struggle which million of underprivileged youth of this Country faced. No one, however poor, deprived, underprivileged or small need feel disheartened about their life. I firmly believed that sheer determination, dedication and hard work will lead to one’s life accomplish all that he/she dreamt. We all should remember three ‘C’ which my Professor taught me – Character – Commitment – Competence.
May God Almighty accomplish the life of all of us.
Thank you all very much.

[1] Sarfaraz Ahmed Khan, Lecturer, West Bengal National University of Juridical Sciences, Kolkata. Lecture delivered at Don Bosco, Liluah, Howrah on 2nd April, 2007.
[2] The group of people in North Western Europe of German Origin.