Saturday, October 14, 2017

Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Transparency is fine; but accountability is missing. As a pattern, H.C.s overturn judgements of lower courts with serious strictures. Who will compensate the agony and nine years of the Talwars. A silly arithmetical error leads to a grave travesty of justice. In all the cases the judge goes unpunished and the victim suffers. An end is to be found.

On Oct 10, 2017 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.

R.N.Malhotra



From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.


Thanks

Supratim

On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
 
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

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
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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Wednesday, October 11, 2017

Re: [IAC#RG] Kejriwal gang's 'pol' to be exposed soon in DMRC scam

Hello Mr. Malhotra

Are you the same Malhotra who was a chairman of Railway Board ?

If so do you even know elementary mathematics ?

The Times of India says "Metro fares in the capital will rise between
25% and 67% from Wednesday". But Mr, Roy has proved to you (a Rs. 12
fare becoming Rs. 30) that fares actually rose by 250% and 300% in
some other pairs of stations...

So the news story is incorrect.

What FFC has done is kept the lowest increase in the lowest and
highest fares but pushed up all the other fares to much higher sides
These are the typical bania methods to deceive consumers, so don't
believe what is written in these bania owned papers

I believe Mr. Roy when he says that his fare has gone up by 250%, can
you disprove it?

The points you are raising about Chinese contractor getting awards in
DAMPLE shows what little you know of matter. The dispute in
arbitration was between Anil Ambani group and DMRC. The line had to be
shut down for 7 months and then 3 months so all the defective civil
works, and beam bearings from Chinese contractors selected by
Sreedharan's DMRC were replaced at heavy cost to DMRC. Despite that
DMRC had to further pay around 3,000 crores to Anil Ambani group after
DMRC lost in international arbitration. Role of Sreedharan in awarding
Anil Ambani group for DAMPLE as lollipoop for losing lucrative Delhi
Airport bid to GMR is open secret.

rgds

RP Dalvi


On 10/11/17, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
> Regarding Mail of Sarbajit Roy-
> First Para of News item of Times of India dated 10th MAY 2017 is reproduced
> below. Since 2009, while cost of Railway Metro inputs have gone up by 100%,
> even consumer price index has gone up by 80 - 85%.At least the version has
> been changed fro AAP bashing to both AAP and BJP.I am not politician. I only
> do some rational analysis and thinking. I only know that IAC#RG and AAP
> people were one before they fell out and started venom against each other.I
> am not apologist for any one. I am against discrimination, hypocrisy
> resulting in unjustified abusing of any one.Regarding last Para of
> Sarbajit's mail - I will accept his verion f he has proof that -
> - The concessionaire Reliance Industries allowed Sreedharan to chose
> contractors for them
> - That all contractors of DAEMPL were Chinese
> - That Arbitration was by Chinese contractors for which huge awards
> were given by DMRC to Chinese contractors
> - That Arbitration award given to Reliance for termination of their
> contract was more than the cost DMRC would have incurred to construct the
> Airport Metro, resulting in ruining of finances of DMRC.
>
> "Metro fares hiked after 8years, will go up by maximum of 67%Dipak K Dash|
> TNN | Updated:May 10, 2017, 10:17 ISTHighlights•The minimum farewill now be
> Rs 10 instead of the present Rs 8 and the maximum fare will be Rs50 from
> Wednesday.•The second roundof fare hike will happen in October, with the
> maximum fare set to be Rs 60.NEW DELHI: Metro fares in the capital will rise
> between 25%and 67% from Wednesday, the first increase since 2009. The next
> hike has beenplanned in October, when most of the fare slabs will be up by
> Rs 10. . From Wednesday, theminimum fare will be Rs 10, up from Rs 8; the
> maximum Rs 50 against theexisting Rs 30, after the Delhi Metro Rail
> Corporation (DMRC) Board gave itsgo-ahead on Monday for the fare hike
> recommended by a panel. However, there willbe concessions for passengers
> using the Metro on Sundays and national holidays.The fares on these days
> will be between Rs 10 and Rs 40 till September-end.This has been done to
> encourage ridership on these days. The concessional rateswill be revised
> from October 1 as well. NEW DELHI: Metro fares in the capital will rise
> between 25% and 67% fromWednesday, the first increase since 2009. The next
> hike has been planned inOctober, when most of the fare slabs will be up by
> Rs 10.
>
> From Wednesday, the minimum fare will be Rs 10, up from Rs 8; the maximum Rs
> 50against the existing Rs 30, after the Delhi Metro Rail Corporation (DMRC)
> Board gave its go-ahead on Monday for the fare hike recommended by apanel.
>
> However, there will be concessions for passengers using the Metro on
> Sundaysand national holidays. The fares on these days will be between Rs 10
> and Rs 40till September-end. This has been done to encourage ridership on
> these days.The concessional rates will be be revised from October 1 as well.
> Metro fares hikedafter 8 years, will go up by maximum of 67%. "
> R.N.Malhotra
Posted by at No comments:

Re: [IAC#RG] Kejriwal gang's 'pol' to be exposed soon in DMRC scam

 Regarding Mail of Sarbajit Roy-

First Para of News item of Times of India dated 10th MAY 2017 is reproduced below. Since 2009, while cost of Railway Metro inputs have gone up by 100%, even consumer price index has gone up by 80 - 85%.
At least the version has been changed fro AAP bashing to both AAP and BJP.
I am not politician. I only do some rational analysis and thinking. I only know that IAC#RG and AAP people were one before they fell out and started venom against each other.
I am not apologist for any one. I am against discrimination, hypocrisy resulting in unjustified abusing of any one.
Regarding last Para of Sarbajit's mail - I will accept his verion f he has proof that -
  •      The concessionaire Reliance Industries allowed Sreedharan to chose contractors for them
  •      That all contractors of DAEMPL were Chinese
  •      That Arbitration was by Chinese contractors for which huge awards were given by DMRC to Chinese contractors
  •      That Arbitration award given to Reliance for termination of their contract was more than the cost DMRC would have    incurred to construct the Airport Metro, resulting in ruining of finances of DMRC.

"Metro fares hiked after 8 years, will go up by maximum of 67%
Dipak K Dash
| TNN | Updated: May 10, 2017, 10:17 IST
Highlights
•The minimum fare will now be Rs 10 instead of the present Rs 8 and the maximum fare will be Rs 50 from Wednesday.
•The second round of fare hike will happen in October, with the maximum fare set to be Rs 60.
NEW DELHI: Metro fares in the capital will rise between 25% and 67% from Wednesday, the first increase since 2009. The next hike has been planned in October, when most of the fare slabs will be up by Rs 10. .
 From Wednesday, the minimum fare will be Rs 10, up from Rs 8; the maximum Rs 50 against the existing Rs 30, after the Delhi Metro Rail Corporation (DMRC) Board gave its go-ahead on Monday for the fare hike recommended by a panel.
 However, there will be concessions for passengers using the Metro on Sundays and national holidays. The fares on these days will be between Rs 10 and Rs 40 till September-end. This has been done to encourage ridership on these days. The concessional rates will be revised from October 1 as well. NEW DELHI: Metro fares in the capital will rise between 25% and 67% from Wednesday, the first increase since 2009. The next hike has been planned in October, when most of the fare slabs will be up by Rs 10.

From Wednesday, the minimum fare will be Rs 10, up from Rs 8; the maximum Rs 50 against the existing Rs 30, after the Delhi Metro Rail Corporation (DMRC) Board gave its go-ahead on Monday for the fare hike recommended by a panel.

However, there will be concessions for passengers using the Metro on Sundays and national holidays. The fares on these days will be between Rs 10 and Rs 40 till September-end. This has been done to encourage ridership on these days. The concessional rates will be be revised from October 1 as well. Metro fares hiked after 8 years, will go up by maximum of 67%. "

R.N.Malhotra


From: Sarbajit Roy <sroy.mb@gmail.com>
To: indiaresists <indiaresists@lists.riseup.net>
Sent: Wednesday, 11 October 2017 3:45 PM
Subject: Re: [IAC#RG] Kejriwal gang's 'pol' to be exposed soon in DMRC scam

Dear Mr. Malhotra

1. I usually board the metro at Dwarka Sector 12 and detrain at Dwarka Sector 21, to catch the Airport express into town. Before the 4th FFC it cost Rs. 12 now it costs Rs. 30. You do the maths (it is not 67% but closer to 3x). I can also cite station pairs where it was Rs.10 and is now Rs. 30 (exactly 3x).

2. If you want to be an apologist for Mr. Kejriwal, that is OK, we have many AAPians on this channel. But TRUTH comes paramount. Let us see when Kejriwal first made any protest against this FFC hikes. As far as IAC is concerned our objections were lodged with 4th FFC within 10 days of their public notice in June 2016. Thereafter there has been intense correspondence, public grievances and vifgilance complaints  filed between us and MoUD on DMRC fare hikes. I am prepared to put all of it into public domain if you can assure me that Kejriwal will do the same. Doodh ka doodh and paani ka paani ... Our friends at Swaraj India say that Kejriwal Govt missed attending 14 of 16 DMRC meetings.

3. Let me very clearly say that BJP and AAP are both equally corrupt in matter of DMRC fare hike.

4. Let me also educate you that these steep fare hikes are "needed" because of your very honest friend Sreedharan and rapid construction of DAEMPL just before Commonwealth Games using Chinese contractors chosen by Sreedharan, and the subsequent huge arbitration awards for Airport Express line which resulted in favour of Anil Ambani's DAEMPL which have been paid out and thereby ruined the finances of DMRC's remaining lines for decades.

Sarbajit Roy

On Tue, Oct 10, 2017 at 2:58 PM, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 It is surprising that unbridled false statements are being made by some regular members of this forum e.g. fares of metro have been increased 3x in 8 years. Increase over 8 years is 67%, much less than the rise in cost index over this period.

Kejrival has consistently been speaking against the hike. He wrote to Central Govt, threatened MD of DMRC. Central Govt turned down Kejrivals request to join him in stopping the rise. Still Delhi Govt is stated as 'partner in this loot'.

Evidently, none of the members seem to be interested in fighting corruption. They are only interested in venting their personal grudges against their erstwhile brothers in arm.

R.N.Malhotra



Posted by at No comments:

Re: [IAC#RG] Kejriwal gang's 'pol' to be exposed soon in DMRC scam

Dear Mr. Malhotra

1. I usually board the metro at Dwarka Sector 12 and detrain at Dwarka Sector 21, to catch the Airport express into town. Before the 4th FFC it cost Rs. 12 now it costs Rs. 30. You do the maths (it is not 67% but closer to 3x). I can also cite station pairs where it was Rs.10 and is now Rs. 30 (exactly 3x).

2. If you want to be an apologist for Mr. Kejriwal, that is OK, we have many AAPians on this channel. But TRUTH comes paramount. Let us see when Kejriwal first made any protest against this FFC hikes. As far as IAC is concerned our objections were lodged with 4th FFC within 10 days of their public notice in June 2016. Thereafter there has been intense correspondence, public grievances and vifgilance complaints  filed between us and MoUD on DMRC fare hikes. I am prepared to put all of it into public domain if you can assure me that Kejriwal will do the same. Doodh ka doodh and paani ka paani ... Our friends at Swaraj India say that Kejriwal Govt missed attending 14 of 16 DMRC meetings.

3. Let me very clearly say that BJP and AAP are both equally corrupt in matter of DMRC fare hike.

4. Let me also educate you that these steep fare hikes are "needed" because of your very honest friend Sreedharan and rapid construction of DAEMPL just before Commonwealth Games using Chinese contractors chosen by Sreedharan, and the subsequent huge arbitration awards for Airport Express line which resulted in favour of Anil Ambani's DAEMPL which have been paid out and thereby ruined the finances of DMRC's remaining lines for decades.

Sarbajit Roy

On Tue, Oct 10, 2017 at 2:58 PM, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 It is surprising that unbridled false statements are being made by some regular members of this forum e.g. fares of metro have been increased 3x in 8 years. Increase over 8 years is 67%, much less than the rise in cost index over this period.

Kejrival has consistently been speaking against the hike. He wrote to Central Govt, threatened MD of DMRC. Central Govt turned down Kejrivals request to join him in stopping the rise. Still Delhi Govt is stated as 'partner in this loot'.

Evidently, none of the members seem to be interested in fighting corruption. They are only interested in venting their personal grudges against their erstwhile brothers in arm.

R.N.Malhotra

Posted by at No comments:

Re: [IAC#RG] RBI confesses that demonetisation failed

11/10/17

DerSh. S. Roy,

enclosing your msg of 2/9 on demo. You are the best judge on how to proceed further without exposing yourself to legal retaliation.

Regds



From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Sarbajit Roy <sroy.mb@gmail.com>
Sent: Saturday, September 2, 2017 3:21 PM
To: indiaresists
Subject: Re: [IAC#RG] RBI confesses that demonetisation failed
 
Dear Shri Gaur

I have carefully read views of yourself and Shr R.N. Malhotra

It is a matter of public record that I, on behalf of India Against Corruption, had complained to RBI Dy. Governor on 6 April 2015 that there was massive fake currency of Rs. 500 and Rs. 1,000 denom notes in circulation and it was I who had first demanded de-nom of these notes and replacement of the Gandhi icons.

I had based my complaints on a secret IB report which I persued through a technically sophisticated whistleblower. This report indicated that at the time 18% of all Rs. 500 and 13% of all Rs. 1,000 denom notes of old Gandhi series were high quality forgeries (of non-Pak origin) and projected an alarming picture that within a year the figure would approach 25-30%.

I then pursued my complaint in appeal to the Governor RBI and I evetually got back a reply that my complaint was being very actively considered at highest levels of Central Govt.

As we all know de-mon happened on 8 Nov 2016, and IAC was among the forefront to crticise it for being too late and too badly mismanaged. At the time IAC had also criticised it as a hollow and cynical political exercise to win Uttar Pradesh.

Subsequently IAC got more leaks from whistleblowers which we have discreetly conveyed back to government and RBI. 

The extent of the de-mon scam is mind-boggling and I can safely say that the corruption of de-mon by a few people in BJP is 50 times greater than all Congress scams combined in India's history.

sincerely

Sarbajit Roy

On Thu, Aug 31, 2017 at 1:05 PM, Gaur J K <gaurjk@hotmail.com> wrote:

You had also recommended demonetisation for detecting fake currency notes. 

Other objective was to control terror funding, and money laundring. 

So how far the Govt. has succeded in achieving these objectives?



From: indiaresists-request@lists.riseup.net <indiaresists-request@lists.riseup.net> on behalf of Sarbajit Roy <sroy.mb@gmail.com>
Sent: Thursday, August 31, 2017 10:14 AM
To: indiaresists
Subject: [IAC#RG] RBI confesses that demonetisation failed
 
http://indianexpress.com/article/business/banking-and-finance/demonetisation-99-per-cent-of-demonetised-notes-came-back-rbi-annual-report-4821558/
As on November 8, 2016 — the day demonetisation was announced — there were 1,716.50 crore pieces of Rs 500 and 685.80 crore Rs 1,000 notes in circulation.

Posted by at No comments:

Re: [IAC#RG] IAC openly asks - "How corrupt is Arvind Kejriwal ?"

11/10/17


It is better to wait for the reort of the FFC.

In Mumbai Public participation was a farce . FFC accepted the increase already effected by Relinfra.Minimum fare of Rs.10/- and Rs.40/-for a distance of 11KM. In Mumbai PPP model contract gives an upper hand to Relinfra who have taken bank loan at high interest rate . But in Delhi it is not the case. If the grace period of concessional loan to DMRC is over and repayment of annuual instalment has started,obviously they have to generate extra funds for the same. Please check this angle also before blaming Sridharan or AK. Regds

Posted by at No comments:

Tuesday, October 10, 2017

Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Malhotra,

I do not wish to debate this further, but would nevertheless state two points:

1. Politicians have to face the electorate every 5 years - what is the recall route for a bureaucrat or a judge? And, I didn't say that the bureaucrats should appoint judges, but the Executive, as in the Cabinet, should do so,  and then such decisions should get an up or down vote by the legislature - for the HC/SC.

2. Move to a jury system - then, the role and power (and, hence, corruption) of a judge is automatically reduced. The judge acts as an umpire, and not a player, as they do now. This is THE crying need for our justice system.

If you think that we can get justice in our court system today without money or having an influential lawyer as a relative, you are sadly mistaken. In commercial matters, it is worse as even arbitration matters are impossible to enforce these days. (It is no wonder that Indian corporates no longer want to invest in India.)

Thanks

Supratim

On 10 October 2017 at 14:02, ravindra malhotra <indiaresists@lists.riseup.net> wrote:
 Politicians already control the bureaucracy. Appointment of judiciary by bureaucracy and by politicians will give absolute power to the politicians, who are at the top of corruption tower. At present it is the judiciary only which has checks on the unjust and discriminatory decisions of bureaucracy and politicians. Already legislatures have been acting and passing resolutions to delegate more and more power and privileges for themselves.

R.N.Malhotra



From: Supratim Basu <xsupratim@gmail.com>
To: "indiaresists@lists.riseup.net" <indiaresists@lists.riseup.net>
Sent: Tuesday, 10 October 2017 12:55 PM
Subject: Re: [IAC#RG] A LAUDABLE MOVE BY THE SUPREME COURT

Dear Mr Rodrigues,

This is one area where I completely disagree - the judiciary, unconstitutionally, seized the powers of appointments and transfers to itself, and completely upended the checks and balances of our constitution. If the Executive, Legislature and Judiciary are the three arms of our Republican, Consitutional democracy, then one arm can not say that it is not subject to any checks and balances of the other arms.

The executive should and must have the right to appoint/suggest/select judges to the HC and Supreme Court, which should then be ratified by the legislature - this is how it works in all modern and civilised countries. And, it is the only way to remove the untrammeled powers that the SC has seized for itself and put itself above all laws and all checks.

It is no secret that the judiciary today is the most corrupt organisation of the country, and that various (most) judges have made millions on the back of poor litigants. It is impossible to actually get justice in India today, in any meaningful time frame. The judiciary has become an incestuous cesspool.

From my perspective, the one single, easy reform that this government should implement - go back to the Jury system in civil and criminal cases in the HCs across the country, and make the SC only a court of appeal on law, not facts. Going back to the Jury system would put us back in the realm of civilised countries, give meaning to justice, hasten up timelines all over, and cut corruption in the judiciary by 90% overnight.


Thanks

Supratim

On 8 October 2017 at 07:09, Aires Rodrigues <airesrodrigues1@gmail.com> wrote:
It is extremely heartening that the Supreme Court has finally opened up its doors to transparency in matters concerning to judicial appointments. The current Collegium mode is the safest and surest way to preserve the Independence of the Judiciary had it not been reduced to a cabal. The collegium had ended up being a very secret club with the proceedings not being a public record. That veil of secrecy was untenable and had to go.  The collegium system must infact be given a constitutional status with all its deliberations being very transparent and within the purview of public scrutiny.
 
In the process of judicial appointments the Judiciary must be accountable to the public at large while it should also be totally insulated from political interference whatsoever. Only then will the Judiciary act as a successful defensive wall against the growing excesses and abuse of power by the executive and legislature. 
 
There is a dire need for the judiciary to look into the aspect of wider accountability of Judges by ensuring that a few black sheep do not blemish the fair image of the entire Judiciary.

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".

https://timesofindia. indiatimes.com/india/sc- collegium-decides-to-upload- its-decisions-on-website/ articleshow/60971524.cms


Aires Rodrigues
Advocate High Court
C/G-2, Shopping Complex
Ribandar Retreat,
Ribandar – Goa – 403006

Mobile No: 9822684372

Office Tel  No: (0832) 2444012
                         Or
           airesrodrigues@ yahoo.com

You can also reach me on

Facebook.com/ AiresRodrigues

Twitter@rodrigues_aires



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