Is India becoming a 'soft state'?

By V. Jayanth

IN JUST eight months, there have been at least three major instances when the Government of India, or one of the States has been forced to release terrorists or criminals, facing serious charges. They have been traded for hostages or to promote bilateral relations. However serious the situation, it cannot be denied that the Government seems to buckle under threat, making it a soft state. Analysts say that the kidnap of Ms. Rubaiya Sayeed in December 1989, resulting in the release of five JKLF militants, sparked this trend and made India a `soft' target.

The first recent case was the swapping of three terrorists for the Indian Airlines passengers hijacked from Kathmandu to Kandahar on Christmas eve last year. The Foreign Minister, Mr. Jaswant Singh, escorted the three terrorists in his aircraft.

More recently, succumbing to diplomatic pressure from Russia, the Centre agreed to `pardon' and release five Latvian pilots (who acquired Russian citizenship), serving sentences in the Purulia arms drop case. Moscow had been pressing New Delhi to release them, claiming they were only `scapegoats' who were ordered at gunpoint to pilot the aircraft that dropped deadly weapons in West Bengal in 1995 for a mercenary from New Zealand - allegedly sent by the ISI. Since the Russian President, Mr. Vladimir Putin, is scheduled to visit India later this year, it was considered a `friendly gesture of goodwill'.

And now, the Tamil Nadu and Karnataka Governments are releasing detenus held under the TADA, as demanded by the poacher, Veerappan, who has been holding the Kannada matinee idol, Mr. Rajkumar, hostage for 25 days now. While Karnataka took steps to release 51 TADA detenus on bail, the Tamil Nadu administration has ordered the release of five men belonging the LTTE's front organisations, the TNLA and the TNRF. These five will be released unconditionally, when a final settlement - meaning the release of Mr. Rajkumar and other hostages - is reached. Though the two State Governments and their police forces are supposed to have coordinated efforts to nab the `neo-Tamil terrorist' who rules from the jungles and made his fortune by smuggling ivory and sandalwood from the reserve forests in both States, there has been a lull since 1997.

Spokespersons from the Centre or the State Governments might find reasons to justify their action. The NDA Government in New Delhi said the lives of over 100 innocent passengers on board the hijacked IC 814 were in danger and if anything happened to them on New Year's Day at the dawn of the year 2000, it could have been a national disaster. Since the hijackers were in friendly terrain and the Taliban regime in Afghanistan did nothing to facilitate the release of 155 passengers, or even allow the storming of the aircraft by Indian commandos, there was very little choice. One passenger was killed. Though Indians rejoiced at the happy reunion of the families after the drama ended, they could not stomach the fact that the hijackers drove away scot- free and are back in the business of terrorism.

But the price the country paid was quite heavy. Masood Azhar, Mushtaq Ahmed Zarger and Ahmed Omar Sayeed Sheikh (or Umar) were dreaded terrorists who were in Indian jails. Azhar was a top- ranking leader of the Harkat-ul-Ansar (later known as the Harkat- ul-Mujahideen). Their release was a damper for the security forces, waging a relentless battle with the militants in Kashmir and elsewhere. When such prize catches are set free and the hijackers escape after terrorising the passengers for a week, it hurts the morale of the troops.

In the case of the Russian pilots, pressure was mounting on New Delhi for several months. And when the Foreign Minister, Mr. Jaswant Singh, visited Moscow a couple of months ago, this demand was reiterated. There was even a report that Mr. Putin had made his visit to India conditional on the release of the pilots. So, after spending five years in a Calcutta prison, the five pilots were pardoned by the President of India and released on July 22. They have since returned to Russia.

These pilots were on the AN-26 that flew over Purulia and dropped deadly weapons on December 17, 1995, even as the country was preparing for a general election. Over 200 AK-47s and AK-56s, some pistols, hand grenades, anti-tank grenades, rocket launchers, parachutes and ammunition were air dropped. The brain behind the conspiracy, a New Zealander named Kim Davy, gave the slip to the Mumbai airport authorities, when the aircraft was finally detained there. Apart from the five pilots, a former British defence service officer, Peter Bleach, was also arrested. Now that the Russians have been freed, it is quite likely that Britain will wants its national released.

Official sources say ``the strange part of this case, in which the foreigners had gone on appeal to the Calcutta High Court already, is that dozens of Indians attached to various Government departments and working in some of the airports which the aircraft touched (such as Chennai and Mumbai) are still facing prosecution. Many of them have retired but unable to secure their benefits''. When the main characters have walked free, just because they are foreigners, the question arises whether it is proper to prosecute the Indians for their negligence in letting the alien aircraft use a couple of airports without permission from the DGCA and other agencies.

In contrast, there are some interesting examples in Singapore and Israel. An American youth was sentenced to six strokes of the cane for vandalism in Singapore, and despite a personal appeal by the U.S. President, the sentence was only reduced to four strokes. More recently, the city-state executed a Filipino maid, charged with murdering her ward, though the Philippines pleaded for clemency. Israel's policy is not to negotiate with `terrorists'.

Coming to the Veerappan case, the Karnataka Government facilitated 51 TADA detenus in Mysore district to file bail applications. But a father of one policeman who was killed by a Veerappan gang, has now gone to the Supreme court to challenge the move. He can only delay, not prevent the release. In Chennai, the Government revoked the National Security Act order under which four of them were detained. But `Radio' Venkatesan, who was a TADA detenu and considered the `most dangerous' by the police, will be released through the Designated Court in Poonamallee.

But the question that arises after such events is - has the Government done anything to mitigate the situation or the loss of face? Mr. Jaswant Singh might claim to have won some diplomatic battles after Kandahar and Kargil, though the ground situation in Kashmir remains dangerous and deadly. The hijackers have not been brought to book, nor the Taliban punished for its dubious role. Could India not have resisted Moscow's pressures for the release of the pilots? They could have at least been asked to go through the appeal in the High Court. And after the release of Mr. Rajkumar, what happens? Will the Karnataka and Tamil Nadu Governments tighten the noose around Veerappan? It is a mockery of justice and a shame on the police as well as the Governments if they cannot bring the bandit to book. Veerappan's antics or political terrorism will not stop with this kidnap.

Unfortunately, these become precedents. Those who get away with murder, want to do it again. Successor Governments find it politically convenient to cite precedents to justify their bowing to similar demands. That is why it becomes important for the Government to stand up to such situations, demonstrate the right mix of power and bargaining strength to neutralise the antagonist and avoid becoming a soft state.

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