Friday, November 7, 2014

[IAC#RG] Amendments to Medical Termination of Pregnancy Act 1971

Proposed amendments to the Act have been put on the website of the Ministry of Health and Family Welfare for comments/suggestions by stakeholders and the public. www.mohfw.nic.in The proposed amendments include allowing registered ayurvedic doctors, homeopaths, nurses, ANMs to carry out abortions. Also, any woman can get an abortion on demand till 12 weeks and thereafter till 24 weeks under certain conditions. The effect of these amendments will have a deleterious effect on the reproductive health of women as clinics will spring up in rural and semi-rural areas with few checks for hygiene and quality of services provided. Such clinics will thrive on sex selective abortions which will be detrimental to the social fabric of the country. Time has been given till 10 November to submit comments. This is inadequate. I have submitted my comments which I am pasting below. Should IAC take a view? In any case individuals can submit comments to saurabh.mittal89@nic.in  Pavan Nair.

Dear Shri Mittal,

     Please refer to the notice on the website of the Ministry of Health and Family Welfare regarding the above. I am submitting my para wise comments and suggestions to the proposed amendments as under. At the outset, however, let me make it clear that these amendments will have a deleterious effect on the reproductive health of women and will encourage the practice of female foeticide. The proposal to extend the date for termination to 24 weeks seems reasonable. The time given for submission of comments is inadequate and the amendments need much wider dissemination for discussion and debate. The purpose of these amendments seems to encourage the use of abortion to restrict births and encourage family planning. This is dangerous and problematic as a policy when cheap and easily available contraceptives can be widely distributed. Contraceptive failure is very rare. Nearly 80% of abortions being done in Delhi are for this reason. I have obtained this information under RTI from your Ministry.

Para 2. The concept of using 'health care providers' ( registered and trained ayurvedic doctors, homeopaths, nurses, ANMs etc) will encourage abortion clinics being established in rural and semi rural areas. To check facilities provided and conditions of hygiene will be near impossible. Not having a gynecologist or a surgeon present will lead to complications.

Para 4 (II). Substituted Para 2a. This implies that abortion should be made available on demand till 12 weeks. In a country like India, we have not been able to make birthing facilities available, how will it be possible for the government to make facilities for abortion available in rural areas? Obviously private practitioners will fill that gap. Secondly, sex determination becomes feasible at about the same time. This Section will be misused to carry out sex selective abortions even till 15 weeks. Who will establish how far the pregnancy has gone. The health care provider.

Explanation (ii) is redundant since the pregnant woman can seek abortion under the Para 2a above. In any case there should be a clause for married couples where abortion should be made available only if they have two or more surviving or adopted children. These amendments will allow a married couple to terminate even first healthy pregnancies on grounds of contraceptive failure after 12 weeks and on no particular ground before.

I am copying this mail to the Minister and a few others who may be interested. Please acknowledge receipt of this mail. Col Pavan Nair VSM (Retd)

Re: [IAC#RG] [IA#RG] Fw: false reporting on OROP

Another factor, so many veterans are dying of old age n other ailments every day. This month we cremated our own Tony. So many are dying without getting their dues
We have to fight relentlessly. New def minister will toe Jaitley n babus line so not much hope there and Chiefs are obviously silent. Not Surprisingly even VK n Gen Khanduri are silent. Politics indeed.

On Nov 6, 2014 11:40 PM, "Randhir Sethi" <shebon@gmail.com> wrote:
One cannot agree more with Mani

If the SARKAR hesitates to give  us our rightful place in the society, and restore our status , other than implementing the OROP, and that too PRONTO, WE SHOULD NOT HESITATE. INFACT WE SHOULD exercise our fundamental right to protest, and PROTEST at the place of our choosing , where it HURTS them the most

Let us all get down to ACTION , UNITE, SET OUR EGOS ASIDE ,come out of the comfort zone, and if not for ourselves at least for the troops that we worked with for long years, get cracking , NO ONE WILL BE ABLE TO STOP US 

JAI HIND

On Sunday, November 2, 2014, Mani Gahatraj <makghat4@gmail.com> wrote:

I have said it before and saying it again that we need to resume our action plan by going back to the drawing board. We need to relentlessly go all over the social net work sites, carry out Dharnas as also go back to the supreme court with a fire brand lawyer like RamJethmalani or Subramanyam Swamy who can beat all powerfull Jaitley and Babu lobby in their game plan of denying our rightful OROP. We also need to align with opposition leaders to hound the Govt to get our dues. Jai Hind.

On Nov 2, 2014 9:26 AM, "Jagjit Ahuja" <jagjit.ahuja@gmail.com> wrote:
A newspaper of the stature of The Hindu  has reported this  news in a most damaging manner.This need to be condemned. However the blame goes to Modi who has been made to keep his mouth shut on this issue by his bosses , the bureaucracy-the babus.

On Sat, Nov 1, 2014 at 8:37 AM, Parvez Jamasji <indiaresists@lists.riseup.net> wrote:
----- Forwarded Message -----
From: C N Anand <cnanand@gmail.com>
To: preavsmajorsltcdrssqnldrs@googlegroups.com; Core Group IESM <CoreGpIESM@yahoogroups.com>; "esmaeili@tehrantimes.com" <esmaeili@tehrantimes.com>; satbir singh <satbirsm@gmail.com>; Raj Kadyan <rajkadyan8@gmail.com>
Sent: Saturday, 1 November 2014 8:32 AM
Subject: false reporting on OROP

Dear Sirs,

It looks a though babus are feeding false reports to the media and the media is lapping it. The Chiefs should be appraised of this and they should issue a statement giving correct facts. How could the defence budget have gone up because of OROP when nothing has been given. The babus are drumming up support against OROP? 

Please visit:

One rank, one pension scheme pushes up defence pension bill


The implementation of one rank, one pension has pushed up the Centre's defence pension payments by a record 40 per cent, posing fresh challenges to Union Finance Minister Arun Jaitley's resolve to keep the Centre's fiscal deficit within the budgetary target of 4.1 per cent of the Gross Domestic Product.
The armed forces pensions bill for the first six months of the current fiscal, from April to September, has turned out to be about Rs. 8,000 crore higher than for the corresponding period last year. Mr. Jaitley had provided only Rs. 1,000 crore for the whole year towards the scheme in the Budget he presented on July 10. The Finance Ministry is revising upwards its Budget estimate for the outgo on account of the scheme that benefits nearly 24 lakh pensioners of the armed forces.
The defence pensions bill for 2014-15 can be roughly expected to go up by about Rs. 16,000 crore over last year's, the source said. The Budget estimated defence pensions during 2014-15 to be Rs. 50,966.95 crore as against Rs. 44,475.95 crore the previous year.
The austerity measures do not cover pensions and the challenge for Mr. Jaitley will be to find fresh resources for the rapidly rising bill.
"Defence pensions payments normally do not go up so drastically. Though some increase was expected on account of the new scheme, the rise is turning out to be manifold," the source said.
One rank, one pension means soldiers of the same rank and the same length of service get the same pension, irrespective of their retirement date.
The decision to implement the scheme was first announced by former Finance Minister P. Chidambaram in the UPA government's interim Budget he had presented in February this year. Mr. Chidambaram had allocated Rs. 500 crore for it. "This decision will be implemented prospectively from the financial year 2014-15," he had said while presenting the vote on account ahead of the elections.
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Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

Forget about bringing black money, That may not even possible, or if brought then also the cost spend for bringing it will be huge.
A responsible govt. has to take measures to avoid the generation of black money, It can be possible only by reforming the taxing system. Burden of taxation should be minimized for that, size of govt should be cut down.


regards 

  

On Sun, Nov 2, 2014 at 6:16 PM, Hemraj Jain <jainhemraj59@gmail.com> wrote:
God only knows when will Modi take proper action regarding bringing black money, but presently the impression is different especially after 627 name to SCI / SIT fiasco (which will not bring black money worth mentioning, even if cases are properly pursued) 

PM Narendra Modi is increasingly turning out to be not only a rabble-rouser (who,even as per editorial of Times of India November 1, 2014, promised during election campaign about black money worth hundreds of Trillion of Rupees and should have brought this black money back to India by this time) but also as a paper-tiger who is finding it difficult (under the pressure of corrupt politicians, bureaucrats, business interests, wealthy criminals etc, despite absolute majority in parliament - which is under his absolute control & influence at least for the time being) to make the following new or amended laws (as has been discussed in media) in order to tackle the menace of black money in India:-

(1)- Declare all illicit wealth stashed abroad and in India as 'National Wealth'

(2)-  In India land and landed properties are registered at under - value to evade registration fees etc. To stop this Govt should purchase under-valued (as registered) properties at declared price. 

(3)- In India black money is generated by under - invoiced domestic and foreign business transactions. To stop this Govt should purchase under-invoiced transactions at declared price. 

(4)- In India black money is regularized by untruly claiming it as agriculture income. To stop this though there may or may not be be tax on agriculture income, but (i)- farmers should also be brought under legal obligation to file income tax returns and (ii)- Crop record of Patwari in Tehsil / Taluka of every district in India should be suitably improved and be used to catch tax evasion (which so-called farmers do through claiming over - yield).

(5)- Laws for self - declaration of foreign accounts with consent for Government of India (GOI) to verify declaratory details of foreign accounts  

(6)- Bilateral international treaties, under legislated law, for such accounts verification.

(7)- Moving all the countries of UN, under legislated law, to frame UN laws for mutual disclosure of account details of citizens / residents of other countries

(8)- Investment in shares through Participatory- notes should also legally require disclosure of personal information as is the case with other Indian share holders.

Regards

Hem Raj Jain

Bengaluru

On Sun, Nov 2, 2014 at 12:30 AM, robby <sharmarobby@hotmail.com> wrote:
See all that you need to understand is that India is in control of hundreds of Mafia and Judicial mafia is the biggest of them because it gives birth to the other Mafia. I do not know the Position in Karnataka but in U.P. there is a unwritten law in banks that they do not approve Loans to Advocates. Why? How many of your Lawyers give you any Receipts for the money you pay them? Now from these same set of deplorable Advocates you get your Judges. So do not be carried away by the shining black Robes worn by the Judges because under these Shiny Judges  it is just another crook engaged simply in promotion of his career  enjoying immunity from almost everything and pretending to dispense Justice although in India Justice is done in aly one case out of a thousand and that too only after the introduction of the Collegium system. THE JUDICIARY OF INDIA has always been and still Is GOVERNMENT's HAREM and the Judges are the GOVERNMENT's CONCUBINES Dancing free for the GOVERNMENT and for a price for the rich & powerful. The One in a Thousand Cases seemingly decided in Public Interest is only a trailer to play to the media while actually the Godown is rotting with millions of undecided and wrongly decided cases.
Robby Sharma
Kanpur


Date: Wed, 29 Oct 2014 08:57:30 +0530
From: gigijohn8263@googlemail.com
To: indiaresists@lists.riseup.net
Subject: Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

Mr Mohanachandran appears to be the Devil's Advocate. He forgets that Jayalalita has been convicted by the Court and is NOT undertrial. His personal happiness at her release is what sycophancy is all about. In fact such sycophants are the stepping stones of corruption, as after scores of sycophants have glorified the criminals, they actually start believing that they are Gods themselves! As far as Amma is concerned she does not want to even see anyone who is not her sycophant!

On Tue, Oct 28, 2014 at 12:52 PM, P.Mohana Chandran <p.mohanachandran50@gmail.com> wrote:
Mrs.Indira Gandhi's election was set aside by Allahabad High Court for electoral malpractice.Justice Krishna Iyer,granted stay of the judgement.This facilitated Mrs Gandhi to get the Representation of Peoples' Act amended with retrospective effect so that spending money over and above the stipulated limit even by a recognised party which was an electoral malpractice ceased to be a malpractice resulting in the Allahabad High Court judgement getting reversed.We cannot rule out the possibility of the Prevention of Corruption Act getting amended excluding members of Legislatures from the clutches of the law.As Lalluji.Jayalalithaji and OmPrkash Choutalaji are presently not able to 'remote control' the Central Government, Prevention of Corruption Act may not be amended to save them.They may have to work out their remedy before the Appellate Courts.If a politician receives gifts and become a Billionaire with such gifts,he can not be proceeded under  Prevention of Corruption Act in view of the change in law brought in to save some Big  politicians who were able to remote control the then Government at the Centre.Till the accused persons (whether politician or otherwise) exhaust the last chance of Appeal,let us not treat them as criminal.In Tamilnadu there is objection to to keeping of Jayalalithaji's portraits in public offices.As per the existing guidelines portraits of some leaders like Gandhiji,Arinjar Anna and serving CM can be kept in public Offices.TN Government can amend the guidelines to include former CMs in the list so that the controversy can be avoided.Ofcourse Karunanidhiji's portrait too can be kept in such a situation.As a person born and living in Tamilnadu ,I am extremely happy that Jayalalithaji was allowed to comeout on bail.When she was in Jail,each day was a nightmare for us.
P.Mohana Chandran,



On Fri, Oct 24, 2014 at 4:42 AM, Shanti Bhushan <shantibhush@gmail.com> wrote:
Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.

Sent from my iPad

On Oct 22, 2014, at 6:33 PM, ~Rájiv Pátěl <rpatel.fffie@gmail.com> wrote:

Dear Kirity Roy
Get your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are different

On Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:
Yes, I do agree with the understanding of Mr. Shanti Bhushan. 
Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court. 
Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ?? 

At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice. 

On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:
I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.

Sent from my iPad

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P. Sureshan,
Advocate-on-record, Supreme Court Of India, 
NLC( India ) Law Office
No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph: 9818083219,8802797432,01132081075 

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

From my personal experience the judiciary is very lethargic in delivering judgement very late sometimes decade later and the very purpose is defeated. May the judiciary realize this and do the needful.

Sent from my iPad

On Nov 3, 2014, at 4:59 AM, S L Chowdhary <slchowdhary@gmail.com> wrote:

I fully endorse Mr. P. Sureshan's candid observations   

"This is our fate , adjust with it, but don't try to tell that we have a strong and impartial judiciary".

In fact, I strongly feel that it is lack of proper and quick justice which is cause for increasing crime. A criminal has no fear of punishment.


On Sun, Nov 2, 2014 at 10:08 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
In continuation of my  mail  initiated on the subject , several concerned citizens have expressed their honest views which deserve to be noted by the judiciary and administration.

It is extremely disturbing to read Mr. P. Sureshan's candid observations   " This is our fate , adjust with it, but don't try to tell that we have a strong and impartial judiciary" .

There is no doubt that the common man is losing faith that judiciary can be impartial all the time and there will be consistency in the observations of the judges and judgements delivered. Common man is also aware that the judges are appointed atleast at the level of lower courts  not so much based on merits but on political considerations many times. There are already several allegations in this regard.

Persons like Mr. K.G.Balakrishnan and Mr. Dinakaran and others like them who face severe charges have already contributed considerably to shake the faith of the common man that judiciary in India can be depended all the time to save India's interests.

What is particularly painful is that politicians , bureaucrats (largely IAS & IPS officers ) and vested business interests. which include some section of media have  now gained stranglehold over the course of events in the country and millions of common men remain helpless and as mere observers , though common men are the worst hit. We are not even able to believe anymore that all that appear in media ( print and TV media )  are factual and without prejudice.

It appears , in today's conditions , the  judiciary  is certainly positioned to remain as conscience keeper of the country.  But,  several judges are failing to stand up to the expectations.  Many judges may not deserve to be viewed as "holy cows"  anymore.

 Pronouncements and judgements of courts need to be scrutinised much more closely and discussed in seminars, conferences and in public domain  fearlessly.


N.S.Venkataraman
Nandini Voice For The Deprived
twitter : @nsvchennai




On Sat, Nov 1, 2014 at 2:50 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:
please read two news reports, I can't find the reason for whole change of mood,,,  except Supreme Court none can understand logic in various SC observations,, Yesterday one important matter was listed before A constitutional court, which will  have direct bearing upon BJP's attempt to form government at Delhi, . During the hearing of argument Judge has received a message from his staff and gone back to his chamber without concluding arguments. We don't know what message he received and what will happen to that matter. This is our fate , adjust with it, but don't try to tell that "we have a strong and impartial judiciary" 

http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html
"Perhaps Delhi's Lieutenant Governor Najeeb Jung expected the Supreme Court to accept the consent letter issued to him by the President, to invite the single largest party in Delhi - the BJP - to form a government. If so, he was wrong.

A bench headed by Chief Justice H.L. Dattu shocked Jung and the BJP by keeping a hold on its decision on the Presidential assent till Thursday, and asking if "the new attempt to explore the possibility of forming a government was another bid to buy time from the Supreme Court". 

"Every time, just before a hearing, the Centre will come out with some statement or letter, but nothing happens. We have given enough time but we are still nowhere. People kept waiting for an elected government. Eight-and-a-half months have gone by. We gave adjournments after adjournments not because the court did not have time to hear the case but to facilitate a solution to the deadlock," an angry Dattu told Additional Solicitor General P.S. Narasimha, who appeared for the Centre and Jung. 

"You want to invite the single largest party. But are they in a position to form the government? We do not want to direct you to do things in a particular way. But in a democratic polity, people have the right to have a government and shall not be endlessly ruled by the President. You do nothing except throw a piece of paper before us just before each hearing," Dattu told Narasimha".


http://articles.economictimes.indiatimes.com/2014-10-30/news/55595367_1_lt-governor-najeeb-jung-pervesh-verma-were-government-formation


"The Supreme Court today expressed satisfaction over Lt Governor Najeeb Jung's recent moves to explore the possibility of government formation in Delhi and said that he should be given more time as "there could be a minority government with outside support".

Referring to recent media reports, a five-judge Constitution bench headed by Chief Justice H L Dattu said, "Whatever I have read in newspapers, it appears that the LG has made positive moves." 



Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html#ixzz3HnfxLzHF 
Follow us: @MailOnline on Twitter | DailyMail on Facebook

On Fri, Oct 31, 2014 at 9:12 PM, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:
If Supreme Court has been honest in their doings , the entire judicial system would have been different . The way they they keep giving dates over dates shows how responsible they are in delivering their judgement. Most of the time they have been toeing the lines of bureaucrats. 

They need to be made transparent , accountable and responsible.

On Fri, Oct 31, 2014 at 7:50 PM, Ranga Rao <dsrangarao@gmail.com> wrote:
No question of doubting the integrity of Supreme Court. A pro-active judiciary at all levels is always welcome, particularly in a country like ours where the political establishment, at times, tends to be so irresponsible and unaccountable. 
The point under debate is why the Hon'ble Supreme Court has demanded again the list of black money hoarders from the government when the same was already stated to have been submitted to it in June last itself.  In wondering so, what i and others of ilk felt was that such queries or arguments from the court side or the plaint side would only add to further delays which are endemic to our judicial system, but not to question the Apex Court at all. As the adage goes that "Eternal vigilance is the price of liberty", eternal vigilance not only by Supreme Court or by a particular organ of the government, but by every citizen, is paramount need of the times to check undue delays and corruption in any walk of life.  Otherwise, what is the use of repeating ad infinitum and ad nauseam that justice delayed is justice denied?


On Thursday, October 30, 2014, Victor Cooper <indiaresists@lists.riseup.net> wrote:
If the executive fails to do its job or fails to act when it should or acts illegally, the judiciary will step in .... and that is welcome.

Victor


From: Salil RK <protekmumbai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Wednesday, October 29, 2014 12:19 PM
Subject: Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.

On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:
The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?
 
In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.
For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.
There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.
Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.
The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai
 

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NLC( India ) Law Office
No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph: 9818083219,8802797432,01132081075 

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Thursday, November 6, 2014

Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

Let us not loose heart . We have to bring a change in our governing system by bringing ACCOUNTABILITY , RESPONSIBILITY AND TRANSPARENCY.

Why simple agreements when disputed between land lord and the tenant should take 20 years to decide.

On Mon, Nov 3, 2014 at 10:29 AM, S L Chowdhary <slchowdhary@gmail.com> wrote:
I fully endorse Mr. P. Sureshan's candid observations   

"This is our fate , adjust with it, but don't try to tell that we have a strong and impartial judiciary".

In fact, I strongly feel that it is lack of proper and quick justice which is cause for increasing crime. A criminal has no fear of punishment.


On Sun, Nov 2, 2014 at 10:08 AM, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
In continuation of my  mail  initiated on the subject , several concerned citizens have expressed their honest views which deserve to be noted by the judiciary and administration.

It is extremely disturbing to read Mr. P. Sureshan's candid observations   " This is our fate , adjust with it, but don't try to tell that we have a strong and impartial judiciary" .

There is no doubt that the common man is losing faith that judiciary can be impartial all the time and there will be consistency in the observations of the judges and judgements delivered. Common man is also aware that the judges are appointed atleast at the level of lower courts  not so much based on merits but on political considerations many times. There are already several allegations in this regard.

Persons like Mr. K.G.Balakrishnan and Mr. Dinakaran and others like them who face severe charges have already contributed considerably to shake the faith of the common man that judiciary in India can be depended all the time to save India's interests.

What is particularly painful is that politicians , bureaucrats (largely IAS & IPS officers ) and vested business interests. which include some section of media have  now gained stranglehold over the course of events in the country and millions of common men remain helpless and as mere observers , though common men are the worst hit. We are not even able to believe anymore that all that appear in media ( print and TV media )  are factual and without prejudice.

It appears , in today's conditions , the  judiciary  is certainly positioned to remain as conscience keeper of the country.  But,  several judges are failing to stand up to the expectations.  Many judges may not deserve to be viewed as "holy cows"  anymore.

 Pronouncements and judgements of courts need to be scrutinised much more closely and discussed in seminars, conferences and in public domain  fearlessly.


N.S.Venkataraman
Nandini Voice For The Deprived
twitter : @nsvchennai




On Sat, Nov 1, 2014 at 2:50 AM, SURESHAN P <sureshandelhi@gmail.com> wrote:
please read two news reports, I can't find the reason for whole change of mood,,,  except Supreme Court none can understand logic in various SC observations,, Yesterday one important matter was listed before A constitutional court, which will  have direct bearing upon BJP's attempt to form government at Delhi, . During the hearing of argument Judge has received a message from his staff and gone back to his chamber without concluding arguments. We don't know what message he received and what will happen to that matter. This is our fate , adjust with it, but don't try to tell that "we have a strong and impartial judiciary" 

http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html
"Perhaps Delhi's Lieutenant Governor Najeeb Jung expected the Supreme Court to accept the consent letter issued to him by the President, to invite the single largest party in Delhi - the BJP - to form a government. If so, he was wrong.

A bench headed by Chief Justice H.L. Dattu shocked Jung and the BJP by keeping a hold on its decision on the Presidential assent till Thursday, and asking if "the new attempt to explore the possibility of forming a government was another bid to buy time from the Supreme Court". 

"Every time, just before a hearing, the Centre will come out with some statement or letter, but nothing happens. We have given enough time but we are still nowhere. People kept waiting for an elected government. Eight-and-a-half months have gone by. We gave adjournments after adjournments not because the court did not have time to hear the case but to facilitate a solution to the deadlock," an angry Dattu told Additional Solicitor General P.S. Narasimha, who appeared for the Centre and Jung. 

"You want to invite the single largest party. But are they in a position to form the government? We do not want to direct you to do things in a particular way. But in a democratic polity, people have the right to have a government and shall not be endlessly ruled by the President. You do nothing except throw a piece of paper before us just before each hearing," Dattu told Narasimha".


http://articles.economictimes.indiatimes.com/2014-10-30/news/55595367_1_lt-governor-najeeb-jung-pervesh-verma-were-government-formation


"The Supreme Court today expressed satisfaction over Lt Governor Najeeb Jung's recent moves to explore the possibility of government formation in Delhi and said that he should be given more time as "there could be a minority government with outside support".

Referring to recent media reports, a five-judge Constitution bench headed by Chief Justice H L Dattu said, "Whatever I have read in newspapers, it appears that the LG has made positive moves." 



Read more: http://www.dailymail.co.uk/indiahome/indianews/article-2811731/Supreme-Court-fumes-L-G-Jung-Centre-failing-end-Delhi-deadlock.html#ixzz3HnfxLzHF 
Follow us: @MailOnline on Twitter | DailyMail on Facebook

On Fri, Oct 31, 2014 at 9:12 PM, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:
If Supreme Court has been honest in their doings , the entire judicial system would have been different . The way they they keep giving dates over dates shows how responsible they are in delivering their judgement. Most of the time they have been toeing the lines of bureaucrats. 

They need to be made transparent , accountable and responsible.

On Fri, Oct 31, 2014 at 7:50 PM, Ranga Rao <dsrangarao@gmail.com> wrote:
No question of doubting the integrity of Supreme Court. A pro-active judiciary at all levels is always welcome, particularly in a country like ours where the political establishment, at times, tends to be so irresponsible and unaccountable. 
The point under debate is why the Hon'ble Supreme Court has demanded again the list of black money hoarders from the government when the same was already stated to have been submitted to it in June last itself.  In wondering so, what i and others of ilk felt was that such queries or arguments from the court side or the plaint side would only add to further delays which are endemic to our judicial system, but not to question the Apex Court at all. As the adage goes that "Eternal vigilance is the price of liberty", eternal vigilance not only by Supreme Court or by a particular organ of the government, but by every citizen, is paramount need of the times to check undue delays and corruption in any walk of life.  Otherwise, what is the use of repeating ad infinitum and ad nauseam that justice delayed is justice denied?


On Thursday, October 30, 2014, Victor Cooper <indiaresists@lists.riseup.net> wrote:
If the executive fails to do its job or fails to act when it should or acts illegally, the judiciary will step in .... and that is welcome.

Victor


From: Salil RK <protekmumbai@gmail.com>
To: indiaresists@lists.riseup.net
Sent: Wednesday, October 29, 2014 12:19 PM
Subject: Re: [IAC#RG] DOES JUDICIARY HAVE UNLIMITED POWERS ?

The question is why the govt. resisted giving the list to the SC. The govt. was doing parallel investigation and giving amnesty to certain individuals. The SC has stopped that with insistence of giving the list and insisting that all investigation henceforth will be done by the SIT.

On 29 October 2014 12:17, Salil RK <protekmumbai@gmail.com> wrote:
The SC has huge powers. It is custodian of the constitution. Whatever wrongs the executive commits, the SC has powers to nullify the same. It not only interprets the laws but also has to see that justice has be done. The constitution provides sufficient powers to the SC.

On 28 October 2014 20:03, Venkatraman Ns <nsvenkatchennai@gmail.com> wrote:
To  
 
India Against Corruption
                                                                                    DOES  JUDICIARY  HAVE  UNLIMITED  POWERS ?
 
In recent times, we have come across many instances where judiciary has entertained cases and given ruling , which may not involve any legal issues or any constitutional interpretations and issues which may be purely a matter of administration.
For example, judiciary has given verdict even on such matters like restricting the use of crackers on deepavali festival or  using loud speakers beyond certain hours, which are purely  matters in the domain of administration.  At least some people including some   legal professionals  some times wonder  whether judiciary is exceeding its limits on occasions.
There are also many instances where the judgements of judiciary at various levels do not have consistency , making thinking people wonder as to whether judiciary is providing judgements on the basis of perspectives and prejudices of individual judges , without approaching the issues on the basis  of law and fair practice. For example, the judgement of the judiciary regarding homosexuality have confused people  as to what would be the limits of powers of judiciary and which are the matters which it should entertain.
Obviously, judiciary is having its way , since , by and large, people have lost faith in the credibility of  politicians and bureaucrats  and many people think that politicians and bureaucrats would readily compromise with values and principles in discharging their duties. Under the circumstances, people look upon the judiciary to save them from the misdeeds of politicians and bureaucrats ,  which appear to have made judges think that they have unlimited powers and they are the ultimate  authority.
The recent judgement of the Supreme Court directing Government of India to submit the names of all black money holders abroad has been widely welcomed by the people but the legal pundits may wonder whether Supreme Court has over reached itself in giving this decision  and whether it really  has  the inherent  powers to do so,  as  per the provisions of constitution.
N.S.Venkataraman
Nandini Voice For The Deprived
Twitter : @nsvchennai
 

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--
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P. Sureshan,
Advocate-on-record, Supreme Court Of India, 
NLC( India ) Law Office
No. 90, Second Floor , Bank Enclave , Laxmi Nagar, Delhi-92..... Ph: 9818083219,8802797432,01132081075 

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Tuesday, November 4, 2014

[IAC#RG] OFF-TOPIC: Savers Forum

After I posted about the Intelligent Investors Method, Ahmedabad last week, I received quite a few emails offlist wanting to know if (a) it was safe and (b) more details about it. As I can't reply to everybody personally, some quick points:-

1) If you can understand this [Switching Copula] you don't need the Method.  Papers like these form the "Method"

2) if you would like to make 15%+pa compound returns fairly "safely" and with minimal time or head-scratching or "research", the Method should interest you.

3)  IAC members now get a 75% discount on the Method. I wrote/coded most of it and it is NOT a PONZI scheme or based on any kind of stock-picking or exotic trading strategies or insider tips or the other crap bankers and brokers promote,

Read More DETAILS of "Intelligent Investment Methods"  <--- LINK
which contains the link to "Savers Forum" googlegroup.

Sarbajit

Monday, November 3, 2014

Re: [IAC#RG] Fw: false reporting on OROP

'the hindu '  paper has always been anti  hindu and anti india

raksha aggarwal

On Sat, Nov 1, 2014 at 7:46 AM, Jagjit Ahuja <jagjit.ahuja@gmail.com> wrote:
A newspaper of the stature of The Hindu  has reported this  news in a most damaging manner.This need to be condemned. However the blame goes to Modi who has been made to keep his mouth shut on this issue by his bosses , the bureaucracy-the babus.

On Sat, Nov 1, 2014 at 8:37 AM, Parvez Jamasji <indiaresists@lists.riseup.net> wrote:
----- Forwarded Message -----
From: C N Anand <cnanand@gmail.com>
To: preavsmajorsltcdrssqnldrs@googlegroups.com; Core Group IESM <CoreGpIESM@yahoogroups.com>; "esmaeili@tehrantimes.com" <esmaeili@tehrantimes.com>; satbir singh <satbirsm@gmail.com>; Raj Kadyan <rajkadyan8@gmail.com>
Sent: Saturday, 1 November 2014 8:32 AM
Subject: false reporting on OROP

Dear Sirs,

It looks a though babus are feeding false reports to the media and the media is lapping it. The Chiefs should be appraised of this and they should issue a statement giving correct facts. How could the defence budget have gone up because of OROP when nothing has been given. The babus are drumming up support against OROP? 

Please visit:

One rank, one pension scheme pushes up defence pension bill


The implementation of one rank, one pension has pushed up the Centre's defence pension payments by a record 40 per cent, posing fresh challenges to Union Finance Minister Arun Jaitley's resolve to keep the Centre's fiscal deficit within the budgetary target of 4.1 per cent of the Gross Domestic Product.
The armed forces pensions bill for the first six months of the current fiscal, from April to September, has turned out to be about Rs. 8,000 crore higher than for the corresponding period last year. Mr. Jaitley had provided only Rs. 1,000 crore for the whole year towards the scheme in the Budget he presented on July 10. The Finance Ministry is revising upwards its Budget estimate for the outgo on account of the scheme that benefits nearly 24 lakh pensioners of the armed forces.
The defence pensions bill for 2014-15 can be roughly expected to go up by about Rs. 16,000 crore over last year's, the source said. The Budget estimated defence pensions during 2014-15 to be Rs. 50,966.95 crore as against Rs. 44,475.95 crore the previous year.
The austerity measures do not cover pensions and the challenge for Mr. Jaitley will be to find fresh resources for the rapidly rising bill.
"Defence pensions payments normally do not go up so drastically. Though some increase was expected on account of the new scheme, the rise is turning out to be manifold," the source said.
One rank, one pension means soldiers of the same rank and the same length of service get the same pension, irrespective of their retirement date.
The decision to implement the scheme was first announced by former Finance Minister P. Chidambaram in the UPA government's interim Budget he had presented in February this year. Mr. Chidambaram had allocated Rs. 500 crore for it. "This decision will be implemented prospectively from the financial year 2014-15," he had said while presenting the vote on account ahead of the elections.
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Re: [IAC#RG] CORRUPT POLITICIAN HAS THE LAST LAUGH AND JUDICIARY BECOME LAUGHING STOCK

That is the reason how Judiciary works up to High Court level. They adjust themselves with Advocates and Single party . They do not concern Justice !! They make out money out if it!!
Ordinary person can not go to Supreme Court and there is no person tom look in to the matter up to High Court Level!!! They cherish the fruits of tree who planted by the litigant!!!!
This is what I have observed. I can given names of the Judges/ Justices and Advocates also.Shah D J


On Monday, 3 November 2014 6:35 AM, Gopalarao Rao <gvgrao33@gmail.com> wrote:


In many cases the judgement delivered when one or all parties expire. Such delays are just commanplace. Can the judges see these facts and expedite the judgements?

Sent from my iPad

On Oct 28, 2014, at 4:38 PM, Madhukar Thote <mythote@gmail.com> wrote:

Granting of bail to the accused person on medical grounds may be ok but what is needed in our judial system is speedy justice. Why should the courts takes years and years to deliver the judgement. It is defeating the very purpose of jistice. Judial sustem needs improvement.
M.Y. Thote

On Tue, Oct 28, 2014 at 3:22 AM, P.Mohana Chandran <p.mohanachandran50@gmail.com> wrote:
Mrs.Indira Gandhi's election was set aside by Allahabad High Court for electoral malpractice.Justice Krishna Iyer,granted stay of the judgement.This facilitated Mrs Gandhi to get the Representation of Peoples' Act amended with retrospective effect so that spending money over and above the stipulated limit even by a recognised party which was an electoral malpractice ceased to be a malpractice resulting in the Allahabad High Court judgement getting reversed.We cannot rule out the possibility of the Prevention of Corruption Act getting amended excluding members of Legislatures from the clutches of the law.As Lalluji.Jayalalithaji and OmPrkash Choutalaji are presently not able to 'remote control' the Central Government, Prevention of Corruption Act may not be amended to save them.They may have to work out their remedy before the Appellate Courts.If a politician receives gifts and become a Billionaire with such gifts,he can not be proceeded under  Prevention of Corruption Act in view of the change in law brought in to save some Big  politicians who were able to remote control the then Government at the Centre.Till the accused persons (whether politician or otherwise) exhaust the last chance of Appeal,let us not treat them as criminal.In Tamilnadu there is objection to to keeping of Jayalalithaji's portraits in public offices.As per the existing guidelines portraits of some leaders like Gandhiji,Arinjar Anna and serving CM can be kept in public Offices.TN Government can amend the guidelines to include former CMs in the list so that the controversy can be avoided.Ofcourse Karunanidhiji's portrait too can be kept in such a situation.As a person born and living in Tamilnadu ,I am extremely happy that Jayalalithaji was allowed to comeout on bail.When she was in Jail,each day was a nightmare for us.
P.Mohana Chandran,



On Fri, Oct 24, 2014 at 4:42 AM, Shanti Bhushan <shantibhush@gmail.com> wrote:
Even though there is no presumption of innocence after conviction so long as an appeal provided by law due to experience of coviction being found to be erroneous in many cases there is no presumption of guilt also and therefore grant of bail pending appeal has to be fairly liberal.

Sent from my iPad

On Oct 22, 2014, at 6:33 PM, ~Rájiv Pátěl <rpatel.fffie@gmail.com> wrote:

Dear Kirity Roy
Get your facts clear. In the present case the ACCUSED person has been already tried and found GUILTY and therefore the person is no more an accused but a CONVICT. Unlike the parameters to be considered while granting bail to an accused person/s parameters to grant bail to a convicted person are different

On Tue, Oct 21, 2014 at 10:32 PM, Kirity Roy <kirityroy@gmail.com> wrote:
Yes, I do agree with the understanding of Mr. Shanti Bhushan. 
Accused person in a criminal trial should not be treated as guilty. It is the duty of prosecution (State) to prove him / her guilty before the court. 
Are we going to establish "presumption of guilt" in he tune of police / state ?? Are we going deny "Right to be presumed innocent until proven guilty" ?? 

At the same time I must support strongly the main message of Mr. N S Venkataraman of Nandini Voice. 

On 21 October 2014 21:52, Shanti Bhushan <shantibhush@gmail.com> wrote:
I do not see any objection to the grant of bail pending appeal provided it is conditional on the appeal being quickly heard and decided.

Sent from my iPad

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