Reply: [rti4empowerment]

Dear Leslie,

 

It is not  that simple an exercise. Right now it is only " A WISHFUL THINKING"

 

WEDS

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From: leslie almeida <leslie_almeida@rediffmail.com>
To: rti4empowerment@googlegroups.com
Sent: Sun, 9 January, 2011 13:26:39
Subject: Re: Reply: [rti4empowerment]

Constitution should be ammended so that it provide for strigent penalty for dereliction of duty, disobedience to the Constitution or violation of the provisions of Constitution,then only there will be some meaning to the constitution.

L.A.

On Sun, 09 Jan 2011 09:26:45 +0530 wrote
>Dear Leslie & others,

That is an obscene ex-pression which every gentleman or lady should not employ it.

For historical knowledge & by acafdemic interest the ex-pression is

JAB KISMAT GAANDU HAI; PAANDU KYA KAREGA

However, you are wrong Leslie, Indian Constitution & laws enacted by parliament are excellent. In any democracy the people should be vigilent so that Democracy functions.therwise the Government installed by people goes astray.

The only drawback I find in the Constitution isthat is does not provide for any penalty for derelictiomn of duty, disobedience to the Constitution or violation of the provisions of Constitution, violation of fundamental or human rights of citizens by Constitutional functionaries(authorities) except one has to use provisions of IPC 1860 or The Human Rights Protection Act 1993. The functionaries who are empowered to penalise are appointed by the "State" as defined by Art. 12 of the Constitution hence, cannot afford to displease the state.

Only an impeachment by majority of people of India may do the job. This for the time being is a "WISHFUL THINKING"
>
Law is equal to all:

Read Art 14 of the Constitutionof India.


Right to Equality
Art. 14. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Definition. Laws inconsistent with or in derogation of the fundamental rights. 6 Equality before law.


Art. 13. (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

For appointment of Information Commissioner section 4(c&d) of RTI Act 2005 apply
Section
4






(c.)publish all relevant facts while formulating important policies or announcing the decisions which affect public;


(d)provide reasons for its administrative or quasi-judicial decisions to affected persons.

All politicians, Sonia Gandhi. Manmohan Singh, Vajpayee, Advani, Modi are all public servannts. Let us reconvince ourselves that we are a secular democratic republic& not subjects in colonial rule. Although by paradox & by our own follies, in practice situation is to the contrary.


Regards,
WEDS
>


From: leslie almeida
>To: rti4empowerment@googlegroups.com
>Cc: wilevades@yahoo.co.uk
>Sent: Sun, 9 January, 2011 8:19:23
>Subject: Re: Re: Reply: [rti4empowerment]
>
>Jab Kahun hai Gandu too kai are Pandu
>
>Law is not equal to all citizens, Politicians have imunity, so they do what they want, example of Ramanand Thiwari's case, Being appointed a State information commissioner of Mumbai by none other than Chief minister, dy ch.minster and an person from the opposition, who are also corrupt. Whay Justice can a citizen get, although can of worms are begining to open up it will take a hurculian task to clean up the act,Constitution should be amended so that every citizen
is equally in the eyes of Law, no imunity to Beauracats and Politicians, will our P.M. or Sonia do it, the answer is NO reason if they do so how will they generate funds for elections.
>its sad to note that corruption is also creeping in some of our churches.
>
>Mr Leslie Almeida
>Volunter St. Andrew Church RTI helpline Bandra Mumbai
>
>On Sat, 08 Jan 2011 21:21:14 +0530 wrote
>>Dear all,
>
>I am reminded of a saying" Law is an ass(donkey)"
>
>Regards,
>WEDS
>>
>
>>
>
>
>From: Dr. Jagnarain Sharma
>>To: rti4empowerment@googlegroups.com
>>Cc: acfanand@gmail.com
>>Sent: Sat, 8 January, 2011 12:56:50
>>Subject: Re: Reply: [rti4empowerment]
>>
>>Dear WED,Vikramsimha & Annad
>> It is a great case revealed by Annad and being an Advocate
>>Rajappa may like to Cross examine the prosecution Witnesses himself.
>>May be that some Criminal Lawyer join him to cross
examine
>>prosecution witnesses.Good lawyer can save him from the punishment. I
>>hope Rajappa is trying to be bailed out, because then he can do more
>>labour to search case law. A fellow colleague advocate can better
>>cross examine
>the witnesses. I do not know about all this, if Rajappa
>>has done so.
>> I remember a case of my advocate colleague against whom a
>>case u/s 307 IPC was pending. After bail, he prepared a written
>>arguments of several hundred pages to be filed before session trial
>>court, for which he kept busy in the Library and hundreds of case law
>>were quoted by him which took several months and ultimately, he was
>>released of charges u/s 307.
>> One can say that he was lucky enough. May be Rajappa may
>>also be released, if proper cross examining is done. Only one thing is
>>to be seen that the murdered person too was an Advocate.
>>God may bless
all.
>>Dr JN Sharma
>> ADVOCATE/ HUMANRIGHTS ACTIVIST
>>
>>On 1/8/11, Vikram Simha wrote:
>>> Ofcourse , Nothing , As One lady in KRIA KATTE argued before me Long Ago on
>>> Such Mails "if you donot Putting such mails on Board --- you Are Depriving
>>> all others of the information & offcourse IOnformation is Power ". On Ground
>>> reality Bangalore mirror is Available only in Bangalore City
>>> Yes , Any Body Can Land up in Jail any Time and your time can be put to best
>>> use
>>>
>>> N vikramsimha , KRIA Katte , :
>>>
>>>
>>> From: DSouza Wilberious Evanglist
>>> Subject: Reply: [rti4empowerment]
>>> To: rti4empowerment@googlegroups.com
>>> Date: Saturday, 8 January, 2011, 5:00
>AM
>>>
>>>
>>>
>>>
>>>
>>>
>>> Dear Anand S,
>>>
>>> Despite
being accused of Murder, Rajappas' Fundamental & Human Rights are
>>> not abrogated. RTI is a fundamental & human right.
>>>
>>> What do you propse by this mail?
>>>
>>> Regards,
>>> WEDS
>>>
>>>
>>>
>>>
>>> From: Anand acf
>>> To: vishva-kannada-samaja ; hrm
>>> ; citizens-action-forum
>>> ; rti4empowerment
>>> ; humjanenge
>>> Sent: Fri, 7 January, 2011 21:39:47
>>> Subject: [rti4empowerment]
>>>
>>> Murder accused studies his case in jail
>>>
>>> Rajappa used RTI to source a copy of the chargesheet accusing him of
>>> murdering fellow-advocate and girlfriend. He's busy poring over the
>>> pages
>>>
>>>
http://www.bangaloremirror.com/article/10/20110104201101040728583578604ccf/Murder-accused-studies-his-case-in-jail.html
>>>
>>> Lodged inside Parappana Agrahara jail, S L Rajappa, an undertrial, has
>>> managed to obtain a copy of the chargesheet accusing him of murdering
>>> his fellow advocate and girl friend Naveena, using the Right to
>>> Information Act (RTI). He says he got the chargesheet to equip himself
>>> with the facts of the case.
>>>
>>>
>>>
>>> Rajappa
>>> The case relates to the murder of advocate Naveena by Rajappa inside
>>> the Karnataka High Court on July 8, 2010, in front of court hall
>>> number 4. Rajappa, an advocate, stabbed J S Naveena, another advocate
>>> and slit her neck right in front of some other advocates. He then fled
>>> the spot. An onlooker gave him chase, but he entered a toilet and
>>>
locked himself up.
>>>
>>> Policemen on
>duty at the high court broke open the door of the toilet
>>> to find Rajappa attempting to kill himself. He had injured himself in
>>> the chest and neck, and was shifted to hospital. Naveena's colleagues
>>> attempted to save her, but her wounds were so grievous that she died a
>>> few minutes after the incident.
>>>
>>> After spending many months in hospital, Rajappa was shifted to
>>> Bangalore Central Jail. As he still can't walk properly, he has been
>>> admitted to the hospital inside the jail.
>>>
>>> Meanwhile, he has equipped himself with four CrPC and IPC legal books
>>> and the chargesheet and is preparing for the hearing which will began
>>> shortly. The jail ward has become a study room for him. He keeps
>>> himself busy studying the case in detail and making notes from
the
>>> legal books provided by his friends.
>>>
>>> Robe over
>>> The Vidhana Soudha police have
>completed investigations and have
>>> chargesheeted him. As the incident occurred in broad daylight in front
>>> of many people, investigations were that much easier for the police.
>>> The police feel they have a strong chargesheet as they have four
>>> eyewitnesses, a confessional statement and circumstantial evidence
>>> which proves beyond doubt that Rajappa committed the crime.
>>>
>>> The police have even filed the transcript of a 200-page conversation
>>> between Rajappa and Naveena which further strengthens the case. So
>>> Rajappa, who has accessed the transcripts, is busy readying himself to
>>> face a series of questions by the prosecution.
>>>
>>> "Whenever I see Rajappa, he is busy reading one or the other book.
He
>>> has got a few legal books in his ward and is seen marking the books or
>>> writing on notepads. I have also seen him studying the chargesheet,"
>>> said a jail
>official.
>>> Still In Jail hospital
>>> "It is true that he is busy reading legal books. As there are
>>> thousands of prisoners, I don't know much about him. But I know that
>>> he is in the jail hospital and he has many legal books and that he is
>>> always reading," said the jail's chief superintendent M C
>>> Vishvanathaiah.
>>>
>>> Sources say the hearing of the case will begin shortly.
>>>
>>> --
>>> Anand S.
>>> Coordinator, Anti Corruption Forum
>>> Bangalore 560 085.
>>> Cell No. +91-92410-12730
begin_of_the_skype_highlighting+91-92410-12730end_of_the_skype_highlighting
>>>
>>>
>>>
>>>
>>
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