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Volume 17 - Issue 21, Oct. 14 - 27, 2000 India's National Magazine from the publishers of THE HINDU |
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LETTERS
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Half-bull and the full horse I read with interest the article "Horseplay in Harappa" by Michael Witzel and Steve Farmer (October 13). As my views on the controversial Harappan seal (Mackay 453) are apparently referred to by N. Jha and N.S. Rajaram in their book The Deciphered Ind us Script and also cited by Witzel and Farmer in their article, I feel I should explain where I stand in the matter. Mackay's Seal 453 is broken off right in the middle and the front part of the animal is lost. Judging from its hind part, and comparing the seal with hundreds of similar ones found in the Harappan sites, one may say that the animal is most probably the ' unicorn' bull, or the bull with two short horns, or the humped bull (listed here in the order of statistical probability based on the frequency of bovine motifs on the seals). In any case the animal on the seal is clearly a bull and most certainly not a 'horse'.
ILLUSTRATION: K. RAJA Mackay's Seal 453 is listed as No.2453 in the Concordances of Indus Inscriptions published by Parpola and Koskenniemi in 1973 and by me in 1977. These publications describe the animal, partly visible on the broken seal, in the following near-ident ical terms: Parpola and Koskenniemi (1973): code 93: "broken unidentified bovid". Mahadevan (1977): code 35: "uncertain animal (mostly bovine) in the field". Sometime early in September 1997, Dr. Rajaram wrote to me enclosing a copy of the published photograph (of the impression) of Mackay's Seal 453 and an artist's reconstruction which miraculously turns the half-bull into a full horse! Rajaram also said: "O ur recent findings about... the 'horse seal' (and the writing on it) seem to make Parpola's theory of Harappan Civilization as non-Vedic untenable. We have found other connections with the Vedic which Jha and I'll be presenting in our forthcoming book The Indus Script - A New Direction." I replied to Rajaram on September 11, 1997 as follows: "I am somewhat surprised you see a 'horse' in the Mackay Seal. The rear half of the animal looks like that of a unicorn in many other seals." The projected book has now been published by the authors with a more assertive title. The authors state (page 162): "A well-known Dravidianist tried to argue with Rajaram that the animal on the seal in question (Mackay 453) is not a horse but a unicorn bull." I take the reference to a "Dravidianist" as a compliment. But I do not see why Rajaram should have fought shy of mentioning my name, especially when my views have been on record from at least 1977. Tenali Raman, the famous court jester, once boasted to the king that he had done a fine fresco of a galloping horse on a wall of the palace. Having never suspected the jester of artistic abilities, the curious king went and had a look at the wall. He saw a splash vaguely resembling a horse tail (made earlier by Tenali Raman with a broom dipped in cowdung paste). The king asked, "But where is the horse?". Replied Tenali Raman: "Behind that wall, your Majesty!"
I. Mahadevan |
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Legal opinion of the Attorney-General The article "Conflicts and interests" (October 13) expresses a viewpoint that is difficult to appreciate. The insinuations made are unmerited. The first issue is regarding the opinion given by the Attorney-General (AG) to M/s. Hinduja National Power Corp oration. It is said that it was given in breach of Rule 8(b) of the Law Officers (Conditions of Service) Rules, 1987, which states that "a Law Officer will not advise any party against the Government of India or in cases in which he is likely to be calle d upon to advise, or appear for, the Government of India". This rule will not be attracted to a case where the private party as well as the Central government desires to have the opinion of the AG as there is convergence of interest; not conflict of inte rest. The AG in his letter dated May 3, 1999, addressed to the then Law Minister who was also the Minister for Power, after stating that M/s. Hinduja National Power Corporation were seeking his opinion about the interpretation of the counter-guarantee entered by the Central government in relation to a thermal project in Andhra Pradesh and reproducing the questions on which the opinion was sought, clearly stated that he was orally informed by the advocates representing the querist that the Government of India was anxious to have his opinion about the true scope and effect of the counter-guarantee, and desired to know whether the Government of India was agreeable to his giving his opinion in the matter. The Government of India responded, through a letter dated May 10, 1999 of the Additional Secretary to the Government, that the AG could give the opinion in the aforesaid case. This was subsequently confirmed by the then Law Minister. There have been several instances where the Central government permitted law officers even to appear for private parties notwithstanding a similar restriction contained in Clause (a) of Rule 8 that a law officer should not hold briefs in any court for an y party except the Government of India or the government of a State or a university, Public Service Commission, government-aided institution, company and so on. Rule 10 expressly confers on the Central government the power to relax any of the provisions of the Law Officers (Conditions of Service) Rules, 1987. Therefore to regard the opinion by Mr. Soli Sorabjee as misconduct and say that "a misconduct does not cease to be so even if it is done with the permission of a superior officer" does not reflect a proper understanding of the object and purport of the Rules or the practice. On merits, the opinion given by the AG to the effect that if there is any inconsistency between the second recital and the operative part of the counter-guarantee, the latter is to be preferred is based on several authorities cited therein, including Hal sbury's Laws of England and the decisions of English courts as well the Supreme Court of India. Almost two pages of the opinion have been devoted to the discussion of the authorities. The learned author not only ignored all this in his article, but did not even refer to Clause 9 of the operative part of the counter-guarantee, which, in various sub paragraphs sets out the conditions precedent that have to be satisfied before the counte r-guarantee can be enforced. They require compliance by the Corporation with the provisions of the Act, the tariff notification and the norms of operation laid down by the Central Electricity Authority for the power station under Section 43-A of the Elec tricity Supply Act, 1948, as also compliance by the company of the advice/comments of the Government of India before the finalisation of the Power Purchase Agreement (PPA) and the PPA and the tariffs stipulated therein being in conformity with the applic able laws, rules and notifications. The AG expressed the view that Clause 9 is a self-contained clause. The opinion notes that "notwithstanding anything contained in the guarantee to the contrary, the guarantor (Central government) shall have no obligati on or liability unless and until each of the conditions precedent specified in Clause 9 shall have been satisfied." Non-advertance to these material aspects in the article gives an incorrect impression of the opinion to the readers. The next issue is about the two opinions given by the AG in the Telecom matter. The very issue is sub-judice in proceedings pending in C.W.P. No. 4510 of 1999 Delhi Science Forum v Union of India in the High Court of Delhi and it would not be prop er to discuss matters that are sub-judice. The first opinion given by the AG on January 6, 1999 was in the context of the line of action to be adopted against defaulting licence holders and the encashment of their bank guarantees. The AG opined ag ainst conceding the demands of the defaulting operators about migration to revenue-sharing scheme with retrospective effect without making any payments. The new Telecom Policy, 1999 had not yet been promulgated. The second opinion was sought on two questions after the new Telecom Policy was promulgated. They were mentioned in the article: a) Whether it is legally possible to bring the existing licensees under the New Telecom Policy regime; b) Or alternatively, whether to extend the New Telecom Policy regime to the circles where there are existing licences, and if so, the appropriate modalities therefor. Thus, the context and terms of reference of the two opinions were different. In the second opinion, given on June 16, 1999, the AG once again emphasised that defaulting operators should not be fully absolved of their contractual obligations and suggested imposition of several terms as conditions precedent to the migration package. In his opinion, the AG stated that "in order to answer the two questions referred to me, it was necessary to consider other interconnected issues, namely, (a) whether the Gove rnment of India has the legal authority and competence to integrate the existing licence-holders into the National Telecom Policy, 1999; (b) whether it would be fair and equitable to do so; (c) whether such a course of action would subserve public intere st; and (d) whether it would withstand judicial scrutiny." According to the instructions given in the case of opinion, the telecom industry was in a precarious financial state and there was an urgent need to revive it. Letters to that effect from various political and public personalities, including Members of Parliament like Mr. Somnath Chatterjee, were enclosed to the case for opinion. The AG has given reasons for his opinion based on the documents and instructions contained in the case for opinion. The report of the Comptroller and Auditor General was published after the second opinion of the AG. The contention that the migration poli cy involves the loss of several crores of rupees is one of the issues pending in the writ petition before the Delhi High Court and the government is defending its action. As the matter is sub-judice, it would not be proper to enter into a discussi on on this aspect. The validity of the government's migration package will be decided by the court. Only thereafter can one comment. The article seems to have ignored the basic fact that on legal issues more than one opinion is possible. One may or may not agree with the opinions given by the AG. It will not be fair to make insinuations against a constitutional functionary who has dis charged his duty to the best of his ability in a transparent manner. Difference of opinion is not peculiar to lawyers alone. Even Judges differ in their views on questions of law and fact. The endeavour should be to appreciate a different viewpoint witho ut imputing motives. To suggest vaguely that the opinions of the AG are "convenient opinions to suit some Minister or bureaucrat with an agenda" is, to say the least, regrettable.
P.P. Rao |