Friday, January 12, 2018

[IAC#RG] JUDICIARY NEEDS TO ACT AS TRUE WATCH DOGS OF DEMOCRACY AND GOOD GOVERNANCE

The mutiny between the four brave senior most Judges of the Supreme Court and the Chief Justice of India was long overdue. This must act as a warning and an alarm to every Indian that our very democracy is in peril.

 

Justice V.R. Krishna Iyer had said "Even so, the creed of judicial independence is our constitutional 'religion' and, if the executive use Article 222 to imperil this basic tenet, the Court must 'do or die'.

 

The Constitution of India is very clear on the distinct roles of the Executive, Legislature and Judiciary. It envisages a free, fair and independent Judiciary. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary.

 

Under Prime Minister Narendra Modi, with the sanctity of other pillars of our democracy severely dented and having gone for a toss, our only hope now remains on the Judiciary.

 

With the BJP wanting to overpower the Judiciary too, there is a very disturbing disquiet over the slippery slope on which judicial values are slithering. The highest standards of judicial independence must be ensured by warding off even the faintest trace of governmental influence on the judiciary, which is the last hope for thecommon man.

 

Any direct or indirect interference by the politicians in the selection and appointment of Judges is a threat to the very Independence of the Judiciary. If the Judiciary is reduced to a mouth piece of the government, the Courts will lose all relevance and end up also as dens of chicanery and jugglery. The Judiciary should never be manned by persons who are tilted or aligned to any political party. Judges should have the spine to crack on illegalities done by all politicians, regardless of how high positions they hold. It has to be ensured that judicial accountability is maintained at all times with every Judge conforming to the highest standards of uprightness and integrity. If Judges cannot independently balance the scales of Justice, the Temples of Justice become pointless.

 

Caroline Kennedy had also very rightly said "The bedrock of our democracy is the rule of law and that means we have to have an independent judiciary, judges who can make decisions independent of the political winds that are blowing"

 

To those very few outdated who have opined that the four Judges should not have gone public,  may we remind them of what Lord Harry Woolf, a former Chief Justice of England had said "Like old clocks, our judicial institutions need to be oiled, wound up and set to true time".



Aires Rodrigues

Advocate High Court

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Thursday, January 11, 2018

[IAC#RG] Is NHRC India a spokesperson of perpetrators in uniform, their savior?

11 January  2018

To

The Chairman

National Human Rights Commission

Manav Adhikar Bhawan
Block-C, GPO Complex, INA
New Delhi – 110023 

 

Ref.:- NHRC Case no. 276/25/6/2017-pf

The complaint dated 14.02.2017 filed by Mr. Kirity Roy, the complainant

Sub.:- A protest letter against the decision of the Commission

 

Respected Sir,

 

On 09.01.2018 I received the email communication from the Commission in connection with NHRC Case no.276/25/6/2017-pf. In the said communication it was mentioned that the Commission has issued direction in the said case. I searched about the case from the Commission's official website and found that the Commission closed the case on the ground that the victim did not submit comments on the police report within the stipulated time as fixed by the Commission. 

 

I was the complainant on the above stated case and I filed the complaint for the victim Master Obaidul Haq and in the capacity of the then Secretary of our NGO namely Banglar Manabadhikar Suraksha Mancha (MASUM).  But the Commission did not bother to send me a single official communication till date that my complaint for the victim Master Obaidul Haq was registered. In absence of my knowledge the Commission continued to proceed with the case and called for report from the police department of Cooch Behar district. Even such step was not communicated to me by the Commission. The Commission received police report which was also not disclosed to me. The police report was prepared by holding a secret enquiry and also by pressurizing the victim to shift back from his previous complaint lodged before the Superintendent of Police, District-Cooch Behar.

 

Then the Commission on its own decided to send the copy of the police report to the victim and put him under an impossible burden to furnish comments on the police report. Does the victim who is only a boy of 17 years old and recently appeared Secondary Examination competent to furnish comments on the police report which involved quasi-legal issues and contents? Even such sending of police report to the victim directing him to furnish comments was not intimated to me by the Commission. The conduct of the Commission itself proved that I remained a name on the record of the case and the Commission intentionally and deliberately threw me away from the proceeding of the case. 

The Commission never thought to intimate me the progress of the case at any point of time. The Commission only thought that it is enough to intimate me that ultimate decision of the case that it was closed. Is such kind of practice by the Commission is fair, just and reasonable? The kind of practice is surely in derogation of the provision of Section 12(e) of the Protection of Human Rights Act, 1993 which mandates one of the functions of the Commission to encourage the efforts of non-governmental organizations and institutions working in the field of human rights.  It was/is always my efforts being a member of our organisation to lodge complaint before the Commission on behalf of the victims of human rights violations and convey their grievances, submission, evidences in proper manner for proper disposal of the case. If the Commission had given me an opportunity to furnish comments on the police report then I had the occasion to furnish the medical report of the victim boy showing that he remained hospitalized from 04.12.2016 to 07.12.2016 and the hospital record mentioned "physical assault" in his diagnosis. Even I had the occasion to show to the Commission that the Public Grievance Cell of the Superintendent of Police, Cooch Behar did not take any action on the written complaint of the victim dated 19.12.2016 which disclosed information commission of cognizable offences by the perpetrator BSF personnel. But his complaint was not referred for registering as FIR which is a clear violation of the principles of laid down by the Apex Court in Lalita Kumari Vs State of U. P. & others (reported in AIR 2014 SC 187). But being the complainant I was deprived to place all those material facts before the Commission. The Commission failed to consider that it was not uncommon that the victim being a minor boy and his family members might have come under threats from the perpetrator BSF personnel to shift back from their previous statement.  The Commission only tried its best to increase the number of disposal its cases unethically.   

 

The practice adopted by the Commission is wholly against the principles of the Human Rights Act, 1993, against the principles of the Juvenile Justice (Care & Protection of Children) Act, 2000, against the UN Convention on the Rights of the Child adopted on 20th November, 1989 and also against Clauses (e) and (f) of Article 39 of the Constitution of India.  

 

Therefore I put my strong objection against the decision of the Commission and also put my strong protest against the manner in which the Commission proceeded with the case. The Commission did not render any justice to the proceeding of the case.  The principles of natural justice have been clearly violated by the Commission just to further raise the number of disposal in its credit.

 

I hope that the Commission would consider my above mentioned comments in fair way and I request the Commission to reopen the case and give me an opportunity to place my comments on the police to uphold the truth and render justice to the victim by way of a fair, just and reasonable procedure.

 

Thanking you,

Yours truly

 

 

Kirity Roy

The complainant  


--
Kirity Roy

Banglar Manabadhikar Suraksha Mancha
(MASUM)
&
National Convenor (PACTI)
Programme Against Custodial Torture & Impunity
40A, Barabagan Lane (4th Floor)
Balaji Place
Shibtala
Srirampur
Hooghly
PIN- 712203
Tele-Fax - +91-33-26220843
Phone- +91-33-26220845
e. mail : kirityroy@gmail.com
Web: www.masum.org.in


Disclaimer:The information in this email is confidential and may be
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to this email by anyone else is unauthorised.If you are not the
intended recipient, disclosure,copying,distribution or any action
taken or omitted to be taken in reliance on it,it is prohibited and
may be unlawful.In such case,you should destrioy this message and
kindle notify kirityroy@gmail.com by reply email.

Wednesday, January 10, 2018

[IAC#RG] कौन लुटेरा कौन मददगार ?

कौन लुटेरा कौन मददगार ?
…………………………

नोटबदली में देश के व्यापारी मरे,
विदेशी कं॰ और मुद्रा के भाव बढ़े।

बची कमर भी जीएसटी ने तोड़ दी,
बिकाऊ मिडिया में झूठे प्रचार गढ़े।

शत प्रतिशत एफडीआई है सरकार,
देशी व्यापारी जिंदा कब्रों में गड़े।

सरकारी उपक्रम पहले लूट-खाकर,
बची हड्डी भी बेच खाने पर पड़े।

अदानियों, अंबानियो, विदेशी कुबेरों,
गुलाम सरकारें तुम्हारे सामने खड़े।

एक सरकार छोटे व्यापारियों संग,
जिसमें टैक्स घटे, सहूलियत बढ़े।

जागो मेरे देश के आम व्यापारियों,
"आम आदमी" ही हैं मददगार बड़े।

Õm - Õnkār - Allāh - God…..
ॐ - ੴ - الله - † …….
Jai Hind! Jai Jagat (Universe)!

- ग़ुलाम कुन्दनम्
(Ghulam Kundanam).
11/01/2018

FB Link :-
https://www.facebook.com/photo.php?fbid=1781162825261724&id=100001040727520&set=a.260435270667828.73436.100001040727520

Monday, January 8, 2018

Re: [IAC#RG] Is there a difference between Kejriwal and a common prostitute ?

8/1/18


The fact remains that caste considerations and parochial sentiments are becoming more pronounced otherwise there was no need for the PM to invoke these issues repeatedly during Gujrat election.

Likwise when we talk about corruption the two main culprits are politicians in cohorts with babus as beneficiaries and the business class including industrialists who give bribes to politicians for a consideration.

Obviously it becomes evident that a certain caste/community  are controlling business and industry  not now but even during cononial rule. It will reveal the pattern or predominance of that community/class from all scams that have come to light during the last 70 years. The issue under discussion is which community Kejriwal comes from and what were the considerations which promted him to name two novices for Rajya Sabha Seats from the same community. Regds 


From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Rajinder Dalvi <rajinder.dalvi@gmail.com>
Sent: Friday, January 5, 2018 2:37 PM
To: indiaresists
Subject: Re: [IAC#RG] Is there a difference between Kejriwal and a common prostitute ?
 
We will keep analyzing corruption in terms of caste whenever Rahul Gandhi says "I am a Brahmin and also General Secretary of the (Congress) party", till Kejriwal says "I am a Baniya and know my dhandha", and till BJP keeps appointing religious hoodlums as their chief ministers, MPs and MLAs.

We will keep raising issues couched in caste terms till the arch symbol of bania hegemony in India, ie. picture of Gandhi on every currency note, is not removed.

We will keep raising caste as a corrupting issue so long as there is even 1 paise of caste based reservation (for seats or jobs) in India

If you have a problem being in IAC under these terms there is no shortage of political parties looking for volunteer drones

On Fri, Jan 5, 2018 at 2:13 PM, Nabajyoti Das <nabajyoti@gmail.com> wrote:
How long will we keep analysing Indian Politics, Politicians and situations   only with caste lens? Our mindset never goes beyond the caste consideration while analysing any situation. Disgusting.

On 05-Jan-2018, at 1:22 PM, Rajinder Dalvi <rajinder.dalvi@gmail.com> wrote:

What is wrong is as follows

Aam Aadmi Party is "A-team of Congress and B-team of BJP"


Sunday, January 7, 2018

Re: [IAC#RG] Is there a difference between Kejriwal and a common prostitute ?

Supratim, I liked the strength of your argument. The romanticism of correcting the society by going behind  the castes or surnames is so superfluous and unreal. This mindset has blocked our progress for generations and a section still exist who uses the caste lens for viewing every ailments of the society thereby proliferating it more. Let's lead by our wisdom and not "frustration".  

On 07-Jan-2018, at 12:46 PM, Supratim Basu <xsupratim@gmail.com> wrote:

For all those espousing socialism, and thinking that this is the "Indian" way, do remember that the entire battle of Mahabharata was about property rights, and individual rights and individual honour and respect. Not collectivism and "common rights" (if such a thing could ever exist). If I were to really, really distill the central message of Gita, it is about how each individual *must* act, according to his own integrity and ability, and the impact that has on the commons/society - not about how societal or common norms must be adhered to or is supreme or that the individual must bow down to the collective. It is ALL about individual action and responsibility for that action.

Bharatvarsha/India was never a collectivist society - unfortunately, we have forgotten both our itihaas and our smriti.  And, embraced an evil, insidious foreign ideology called Socialism - if there is a conspiracy theory, it is this - the English injected socialism in our veins, so that India could never compete on the global stage.

Do think about it.

On 7 January 2018 at 12:26, Supratim Basu <xsupratim@gmail.com> wrote:
So, the IAC and/or the HRA are  not only Socialist but pure casteist organisations?

Everything is to be seen through the lenses of birth-based caste ideology??? Someone is to be determined superior/inferior based on their last names? Whole communities (instead of individuals) of India are to be slandered and villified based on their birth? Not their actual work or actions? And, you call yourself a "defender" of the Hindu faith? Is that what the Shri Bhagwad tells you?

And, then, the IAC keeps on denouncing foreigners, foreign capital and foreign influence, but swears by a foreign ideology (Socialism)??? The irony of that is indeed superb. To ignore the works of Acharya Chanakya, and instead pledge one-selves to the philosophy of Marx, Engels and Keynes - how brilliant is that, oh my swadeshi folks??

And, sure, go ahead and explain to me more what bengali words mean - that should be an interesting past time. But, giving yourself the appellation of Bagha, while being a keyboard warrior and calling for genocide against our own people - that is only a sordid insult to the memory of Bagha Jatin. You can only be a "taash goru", not a real Bengali to do so.

I am done (with IACHRA, too - if they actually support your vile thought process/inclinations), you can go ahead and spout as much as you want, now.



On 6 January 2018 at 22:22, Jatin Bagha <jatin.jugantar@gmail.com> wrote:
Yes Mr. Basu

IAC is a SOCIALIST (and therefore 'collectivist') andolan of HRA.

You may not know it, but "Bagha" means big cat (like tiger or lion). The revolutionary title of "Bagha" is only given within warrior classes like Brahmins and Kshatriyas, and it is very rare for it to be given to lesser castes like Kayasthas or Baniyas.

In HRA the Bagha title is bestowed only on those of our Khalsa, ie. "pure" initiated warriors who uphold and defend our great national religion through violence. Sikhs had a similar title "Singh" (lion) but it is now overused and today even baniyas and lalas of Sikhism are calling themselves as Singhs.

HRA is always socialist and can never be communist, but probably an atheist capitalist like yourself would not know the great differences between socialism and communism.

Coming back to the topic. It is clear that AAP by its RS nominations is exposed as a "Manuwadi" party who can't accept Dalits and Brahmins. It is also clear that those Baniyas (including their foreign Baniya and overseas Jew financiers) who control AAP through brokers like Ashish Talwar are positioning AAP to concentrate the Baniya and Punjabi votebanks of Delhi, leaving the Dalit, Brahmin, Purvanchali and Muslim votebanks for the Congress and BJP to fight over.

Jai Hind

On Sat, Jan 6, 2018 at 11:49 AM, Supratim Basu <xsupratim@gmail.com> wrote:
Unbelievable - some one paraphrasing the name of the revolutionary Bagha Jatin - spouts such vile casteist and racist hatred, leading up to threatening genocide of other Indians.

Truly, the communists (and socialists and collectivists of all hues) are the bane of any human progress or civilisation. India is doubly cursed in this regard - with its thought process corrupted by two great collectivist forces - socialism/communism and religion.

Faugh.

On 6 January 2018 at 10:49, Jatin Bagha <jatin.jugantar@gmail.com> wrote:
>> ​I am unable to understand where we are heading with such shallow arguments. Those who want to do something concrete should say show their intent or provide a solution.

There was a great betrayal of the Indian people in 2010-12 by a baniya controlled conspiracy, at a turning point where there was a glorious opportunity to overturn the corrupt system and replace it with a new order.

HRA has seen the IAC has successfully adapted since then by realising that baniyas (as a class) and their political party system cannot be trusted, and are the natural class enemies of the Indian people.
Factually, almost every corruption related problem in India can be ultimately traced to baniya community and the business-neta-judiciary nexus.

There is no point asking for proof, holding vigilance enquiry, appointing committees of inquiry, or going off  to baniya controlled courts. These are all the standard devices of corruption devised by baniyas to fool the Indian people. The proof will only come out when the baniya is cowering before a Hindustani people's court and confessing his guilt in public before his victims.

If you want intent of IAC, I suspect it is anti-baniya.

If you want solution of IAC, I predict it will be the same as Hitler's final solution for the baniyas of Germany.


On Fri, Jan 5, 2018 at 6:09 PM, Himangshu Vaish <hrvaish@gmail.com> wrote:


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