Saturday, June 28, 2014

RE: [IAC#RG] ideas for the new Govt.

  I am  of the firm opinion, that drastic changes can only be brought about by the man in charge. . 99 % of our parliamentarians have been enjoying themselves  by granting themselves more pay and perks . They have not been bothered about the country . Majority of these politicians have been looking after themselves and have become richer . But a real strong PM can change things .    Seshadri

 

From: Yegneshwar Balakrishnan [mailto:ybala2@yahoo.com]
Sent: Saturday, June 28, 2014 8:07 PM
To: M.N.Seshadri; indiaresists@lists.riseup.net; 'Sumanth Raman'; trjawahar@gmail.com; dgjg Jsr group
Subject: Re: ideas for the new Govt.

 

Our knowledge on these issues is too shallow to engender any worthwhile ideas for the Govt. to follow.

Unless ideas to change systems wholesale have to come from the parliamentarians for proper discussion in all their ramifications and follow-up action by the Govt.

Cheers.

YB

 

From: M.N.Seshadri <manavasi.seshadri@gmail.com>
To: indiaresists@lists.riseup.net; 'Sumanth Raman' <sumanthcraman@gmail.com>; trjawahar@gmail.com
Sent: Saturday, 28 June 2014 12:01 PM
Subject:

 

Dear Friends,

 

I was pleasantly surprised to learn the views of AK Antony  regarding secularism as pracised by our great super leaders of the Congress party .  Presently referred to as " Family " .If Mulayam and Lallu and recently even Nitish  appreciate that point of view it can only be due to their feeling if helplessness and they are behaving like  the drowning man clutching a bit of straw !!  If like Paswan,  had they  predicted the mood of the nation , I am 100 % certain that these fellows also would have joined the band wagon  like quite a few small parties in Tamil Nadu and even Andhra Pradesh ( Now Telengana Seemandra ) .  Now for a serious study concerning our economy.

 Now that Modi is firmly in the saddle for the next 5 years at least , a comprehensive study of the existing system of PDS  in all the states is called for. Will someone like Nadan Nilkheni take this up and find out the cost of presently existing PDS, which should include cost of the shops ( must be several Lakhs in number  ) , cost of procurement and moving the food grains to these PDS shops,  and the cost of ensuring proper distribution to the targeted citizens, cost of prevention of pilferage , and finally the cost of man power required to manage the PDS.

Here again we should ask Nandan to value ( quantify ) the waste of man hours due enormous waiting time in the Q by millions of our citizens..

We should also check whether this kind of giving subsidized food items to the POOR exist anywhere else in the World.  I am keen to learn the systems in vogue in our neighboring countries like Sri Lanka and Nepal and so on.

I would like the   intellectuals and great economists like Swaminathan Iyer, and people like Chetan Bhagat ,  come out with valid ideas like giving coupons to the really deserving poor for him to draw his requirement of food from the existing super markets and private grocery shops. .I feel that such a system will result in enormous savings plus ,devoid  of  any pilferage and leakage. The only result can be the cadres of our political parties who were benefitting  in the present system may feel uncomfortable !!

I  have seen  use of such coupons in the UK for giving lunch to the employees of some companies. This has in fact resulted in lot of saving to such companies who were earlier giving lunch in their own canteens !!

May I invite comments and suggestions on this from my friends  and   IAC as well.

Also we should critically examine the existing system of LPG distribution. I feel we are following the most inefficient and expensive system of  supplying gas for the kitchen . The best way is through well maintained pipe lines in cities and in far off rural areas by supplying gas in big containers positioned in the usage spot which could be filled once in six months.  This is what is happening in the US .     Comments and suggestions please . Thanks Seshadri

 

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Re: [IAC#RG] Child Rights are Shams in India

Ankit, here I would clarify you that not all children become doctors, engineers, etc. The higher education is only for the students who wish to obtain it, and it should only be given on merit basis. However the goal of primary education is not to acquire special knowledge but to make children a responsible citizens of a country who are aware of their rights and duties. By learning complex formula in mathematics or science one would not become responsible citizen of country. If this would happen then all officials sitting at higher posts would have been very honest, responsible and sincere. But this is not case. The role of primary education is to culminate ethical values in child. The role of primary education is completely different from higher education. Foreign countries have understood this concept so they have make primary education compulsory and expressly barred failing of student in primary classes and treating it as corporal punishment. But in India, philosophy is different. People in India still think that role of primary education is to prepare children for higher education. But people fail to understand that this role is only one of the many roles of primary education. We have copied the concept of Right to Education from foreign but still do not know its basic underlying philosophy therefore still debating this concept.

Sent from my iPhone

> On 28-Jun-2014, at 6:54 pm, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:
>
> Sorry but I don't agree with your view. Failing a child should not be included in the corporal punishment. If the child is not able to understand the basic subject & by promoting him/her you are asking to give higher knowledge will be actually a mental pressure for the child. Yes the valid reason for the failure may be questioned but 1st promoting the child without his/her strength then demanding reservation for the child is the ill logic.
>
> Ankit Khetan
> India
>
>> On Jun 27, 2014 5:32 PM, Vishal Pandey <pandey.vishal@icai.org> wrote:
>>
>> Child rights have just become shams in India. The incident here relates to unaided minority schools, which have been granted exemption from RTE Act by the Supreme Court of India. This implies that now unaided minority schools enjoy relentless powers in their functioning and they can play havoc with children studying in their school. They can expel the children from their schools; they can give punishment to children of primary classes by failing them and not promoting them to next classes. And all these illegal and unethical acts are held to be legal by our courts. In a recent case is The Frank Anthony Public School, Lajpat Nagar – IV, New Delhi – 110024 – an unaided minority school has failed a child named Himanshu Pandey (12 years old) in class VII. The matter go to High Court of Delhi (Writ Petition Civil No. 3656 of 2014) and court ordered that as school is unaided minority school, RTE Act is not applicable to them so court cannot do anything in this matter.
>>
>>
>>
>> Failing of children is a corporal punishment since failed students face mental trauma. UNICEF (A UN Body) has defined corporal punishment so as to include mental punishment. By failing children who are below the age of 14, these unaided minority schools are giving corporal punishment to children and nobody can even stop them legally.
>>
>>
>>
>> It is pertinent to mention that there are so many unaided minority schools (that is Christian Schools, Sikhs Schools, etc.) alone in Delhi and they are affiliated to CBSE and ISC Board and many children are studying in these schools. The children studying in these schools do not come from particular religion but from all religions and categories. This situation has created the ground for unjust treatment of all those children who are studying in these unaided minority institutions. Exemption from RTE Act shall give these schools unfettered power to infringe and breach rights of those children who are already studying in these schools. It is pertinent to mention that these students are the children of India and they have fundamental rights to enjoy all those privileges and rights, which are enjoyed by other children of India. Can any unjust and corporal punishment be given to children merely on the fact that they are studying in these unaided minority schools. This power in the hand of unaided minority schools would create ground for discriminatory and unjust practices against the children studying in these schools.
>>
>>
>>
>> It is pertinent to mention that there is severe shortage of schools in India especially in Delhi. Due to these shortages, all schools are already in dominant position. Beside this situation, this relentless power that is exemption from RTE in the hand of unaided minority schools make situation worse.
>>
>>
>>
>> In the end it is pertinent to mention that any form of punishment (i.e. physical or mental) especially to child below the age of 14 is expressly barred everywhere in the world. But in India, courts are expressly allowing it. Are our courts have become so insensitive toward child rights or child rights have just become shams in India.
>>
>>
>> Attachment:
>>
>> Copy of High Court Order
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Re: [IAC#RG] Mafia Tatkal Reservation

This needs an enquiry by some senior Raiway Officer.

Sent from my iPad

On Jun 28, 2014, at 11:57 AM, Ankit Khetan <ankkhe2002@yahoo.co.in> wrote:

> Today while I have gone to book the ticket in the railway reservation counter , I have seen that more than 15 - 20 tatkal tickets were already booked by the counter before 10am. The tatkal ticket booking was already started since 9:45 am.
> Is this the tatkal reservation or Mafia Tatkal.
> What actually was happening could any one who has knowledge of this system please simplify it.....
> How all the tatkal tickets is finished till 10:01 am....
>
> Ankit Khetan
> India
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Re: [IAC#RG] Fwd: BJP's attempt to compromise the independence of the judiciary

MAY I KNOW IF THE LETTER IS PENNED BY GENUINE ASHANT BHUSHAN,EMINENT LAWYER AND FORMER UNION LAW MINISTER WITH SOCIALIST BACKGROUND ?


On 28 June 2014 00:13, Shail Bansal <shailbansalb@gmail.com> wrote:

Given below is the statement issued by Mr Shanti Bhushan, one of India's seniormost lawyers, former union law minister and Aam Aadmi Party's founder, on the issue of Mr Gopal Subramaniam, withdrawing his name from the list of those who were recommended by the Supreme Court collegium for appointment as a Supreme Court Judge :

 BJP's attempt to compromise the independence of the judiciary : 

The letter of Gopal Subramaniam to the Chief Justice of India (CJI) withdrawing his consent for appointment as a judge of the Supreme Court has created quite a furore in the country.People are getting reminded of 1973 when Indira Gandhi directed Mohan Kumaramangalam to take steps to have a committed judiciary.   

It is quite clear that the CBI and the IB have been induced to do a hatchet job for the BJP which was angry with Gopal Subramaniam as an Amicus appointed by the Supreme Court for taking a tough stand in the Sohrabuddin, Kauser Bi and Tulsiram Prajapati fake encounter cases, in which Amit Shah the blue eyed boy of Narendra Modi has been chargesheeted.

The  BJP has always insisted that the CBI was always a tool of the congress government. We had also seen this repeatedly in the corruption cases against Mayawati and Mulayam Singh Yadav. The CBI and the IB have raised two questions about the suitability of Subramaniam.

The first reason given by the government for opposing Subramaniam's appointment is ridiculous. The government says that a conversation between Radia and some third person shows Subramaniam in a poor light. On the contrary, the conversation between Radia and Ratan Tata where his name is mentioned shows him in a very favourable light, since Radia says "I am not sure that he (Subramaniam) will agree to what they say. He is an upright person. I think Raja will be trying to get the AG (Vahanvati)".

In fact, the Radia tapes contain a deadly conversation between Radia and the former Finance Secretary N.K. Singh who was then a member of the Rajya Sabha and is now a prominent member of the BJP is found acting as an agent of Mukesh Ambani and conspiring with her about how to get a provision introduced in the Finance Bill to give a retrospective Tax concession to Mukesh Ambanis's company passed. He tells Radia about how he has managed to get the BJP leadership to replace Arun Shourie who was going to oppose the bill, by Venkaiah Naidu (former President of the BJP), who was found to be close to the Reliance President and who was told to support this bill. Arun Shourie in his interview with Karan Thapar confirmed the truth of these events. Instead of taking action against those in the BJP leadership who are caught in the Radia tapes as being agents of Ambani, the government has targeted an independent lawyer by using the bogey of his name being merely mentioned in the Radia tapes.

So far as the other reason given by the government is concerned, ie meeting the lawyer of Raja in his chamber, I do not think that there is anything unprofessional in such a meeting in the presence of CBI officers. An allegation of this type is absurd.

I have observed the career of Subramaniam since the beginning with considerable intellect and I have found him to have the highest professional rectitude, a keen interest and a capacity for hard work. It is indeed unfortunate that the country has lost the opportunity of having a great judge in the Supreme Court and the BJP needs to be roundly condemned for this. If this government continues in this vein, they will have the same fate as Mrs. Gandhi's 1971 government.

Shanti Bhushan


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Re: [IAC#RG] Child Rights are Shams in India

Sorry but I don't agree with your view. Failing a child should not be included in the corporal punishment. If the child is not able to understand the basic subject & by promoting him/her you are asking to give higher knowledge will be actually a mental pressure for the child. Yes the valid reason for the failure may be questioned but 1st promoting the child without his/her strength then demanding reservation for the child is the ill logic.

Ankit Khetan
India

On Jun 27, 2014 5:32 PM, Vishal Pandey <pandey.vishal@icai.org> wrote:
>
> Child rights have just become shams in India. The incident here relates to unaided minority schools, which have been granted exemption from RTE Act by the Supreme Court of India. This implies that now unaided minority schools enjoy relentless powers in their functioning and they can play havoc with children studying in their school. They can expel the children from their schools; they can give punishment to children of primary classes by failing them and not promoting them to next classes. And all these illegal and unethical acts are held to be legal by our courts. In a recent case is The Frank Anthony Public School, Lajpat Nagar – IV, New Delhi – 110024 – an unaided minority school has failed a child named Himanshu Pandey (12 years old) in class VII. The matter go to High Court of Delhi (Writ Petition Civil No. 3656 of 2014) and court ordered that as school is unaided minority school, RTE Act is not applicable to them so court cannot do anything in this matter.
>
>  
>
> Failing of children is a corporal punishment since failed students face mental trauma. UNICEF (A UN Body) has defined corporal punishment so as to include mental punishment. By failing children who are below the age of 14, these unaided minority schools are giving corporal punishment to children and nobody can even stop them legally.
>
>  
>
> It is pertinent to mention that there are so many unaided minority schools (that is Christian Schools, Sikhs Schools, etc.) alone in Delhi and they are affiliated to CBSE and ISC Board and many children are studying in these schools. The children studying in these schools do not come from particular religion but from all religions and categories. This situation has created the ground for unjust treatment of all those children who are studying in these unaided minority institutions. Exemption from RTE Act shall give these schools unfettered power to infringe and breach rights of those children who are already studying in these schools. It is pertinent to mention that these students are the children of India and they have fundamental rights to enjoy all those privileges and rights, which are enjoyed by other children of India. Can any unjust and corporal punishment be given to children merely on the fact that they are studying in these unaided minority schools. This power in the hand of unaided minority schools would create ground for discriminatory and unjust practices against the children studying in these schools.
>
>  
>
> It is pertinent to mention that there is severe shortage of schools in India especially in Delhi. Due to these shortages, all schools are already in dominant position. Beside this situation, this relentless power that is exemption from RTE in the hand of unaided minority schools make situation worse. 
>
>  
>
> In the end it is pertinent to mention that any form of punishment (i.e. physical or mental) especially to child below the age of 14 is expressly barred everywhere in the world. But in India, courts are expressly allowing it. Are our courts have become so insensitive toward child rights or child rights have just become shams in India.
>
>
> Attachment:
>
> Copy of High Court Order

Posted by at No comments:

Friday, June 27, 2014

[IAC#RG] Mafia Tatkal Reservation

Today while I have gone to book the ticket in the railway reservation counter , I have seen that more than 15 - 20 tatkal tickets were already booked by the counter before 10am. The tatkal ticket booking was already started since 9:45 am.
Is this the tatkal reservation or Mafia Tatkal.
What actually was happening could any one who has knowledge of this system please simplify it.....
How all the tatkal tickets is finished till 10:01 am....

Ankit Khetan
India

Posted by at No comments:

Re: [IAC#RG] SUPREME COURT CRYING FOR JUSTICE

"run with the hare and hunt with the hounds" This is aptly applicable to our courts,. We have seen that whenever popular sentiments are  against establishments our constitutional courts used to pretend that, they are the only perfect institution. In fact many a time courts are part of the rotten establishments. They are helpful to the mighty politicians and corporates and not the common man. A simple matrimonial dispute used do take many hours in Supreme Court if the appearing lawyers are highly paid seniors. They used to settle and pass Mutual consent decrees after by passing mandatory separation period  when husband and wife are rich and appearing through big seniors. Known Judicial officer's kith and kin lawyer  will get patient hearing but vigilant petitioner- in-person will not be allowed to open his mouth. Our constitution had been amended very vigorously by the political class with active support from the Supreme Court. Supreme Court has introduced a Basic Structure theory without any justification or reason with an intention to curtail basic fundamental rights. In the past many people had been deprived of their fundamental rights and all the time while declaring the law Supreme Court had given justification for  that infringements. They will re-wright law for helping the political class and corporate and not for the common man.   


On Thu, Jun 26, 2014 at 8:09 PM, Dr. J. K. Chaudhry <jkchaudhry@gmail.com> wrote:
Central bank van robbery case,rich brat,only son of a widow,sentenced to death for shooting dead guard of looted van carrying Rs.6 lacs.
His appeal rejected by Sup. ct
Re appeal rejected.
Re re appeal rejected
Re re re appeal rejected.......till 6 th one,changed from death to life imprisonment,......by now,full period of incarceration OVER,.....walks out free.
Those who remember this case,may recollect rumors of cost to mother with landed property in Sundarnagar etc.
J.K.Chaudhry

Sent from my iPad

On Jun 24, 2014, at 12:14 PM, Ravindran P M <raviforjustice@gmail.com> wrote:

This is a valid point. However these two points need to be understood:

1. For individuals going on appeals after appeals is not exactly a viable proposition, so in individual cases it should be subject wise. Some may be permitted only one appeal, some two. Look at the way Raja and Kanimozhi went on with repeated applications for bail to the apex court and not even once did the apex court turn them down straight away!

2. The next is the question of cases involving government. Here there are two things. Firstly, even when the mistake/crime is that of a particular employee the case is fought on tax payer's money and invariably the employee is not even made to appear in court and suffer the torture as ordinary litigants (you need to be a party in a case in court to realise the magnitude of this torture!) This should go. The employee involved should be party to the case and should fight the case like any ordinary litigant. Only if the ultimate decision is in favour of the employee and benefits the state the cost can be refunded along with some compensation for the effort. The next is that the govt continues to go on appeals after appeals just because, again, it is the tax payers' money that is being wasted. Hence in these cases, irrespective of the subject, it may be necessary to restrict the number of appeals to just one.

regards n bw

ravi


On Mon, Jun 23, 2014 at 4:34 PM, Tridib Roy Chowdhury <tridibroychowdhury@gmail.com> wrote:
We need to decide on creating a class of cases, and each class has a limited set of appeals. Going to the SC should be restricted to only issues of constitutional or national importance. 

If I file in Sessions court, I should be allowed to appeal to Appeals Court or the HC. But, if I loose then, that should be it.

We do this single judge bench, then division bench, then full bench.

Great for lawyers, though. And given the number of lawyers we have on both sides of the aisle , let us see what happens.


On Mon, Jun 16, 2014 at 9:41 AM, Forum for Fast Justice <fastjustice@gmail.com> wrote:


SUPREME COURT CRYING FOR JUSTICE


Appex Court appeals to the Parliament for legislating appropriate laws and to the Government for rationalising decision making process for stemming vicious and frivolous cases and appeals being filed. Read the last paras in the Surbroto Roy Sahara's recent Supreme Court Judgement.


(Bhagvanji Raiyani)

Chairman & Managing Trustee

Forum For Fast Justice



“REPORTABLE”

IN THE SUPREME COURT OF INDIA

CRIMINAL ORIGINAL JURISDICTION

WRIT PETITION (CRIMINAL) NO. 57 OF 2014


Subrata Roy Sahara …. Petitioner

versus

Union of India and others …. Respondents


J U D G M E N T

Jagdish Singh Khehar, J.



149. A lot of these hearings consumed this Court’s full working day. Hearing of the main case, consumed one full part, of the entire summer vacation (of the Supreme Court) of the year 2012. For the various orders passed by us, including the order dated 31.8.2012 (running into 269 printed pages) and the present order (running into 205 printed pages), substantial Judge hours were consumed. In this country, judicial orders are prepared, beyond Court hours, or on non-working days. It is apparent, that not a hundred, but hundreds of Judge hours, came to be spent in the instant single Sahara Group litigation, just at the hands of the Supreme Court. This abuse of the judicial process, needs to be remedied. We are, therefore of the considered view, that the legislature needs to give a thought, to a very serious malady, which has made strong inroads into the Indian judicial system.

150. The Indian judicial system is grossly afflicted, with frivolous litigation. Ways and means need to be evolved, to deter litigants from their compulsive obsession, towards senseless and ill-considered claims. One needs to keep in mind, that in the process of litigation, there is an innocent sufferer on the other side, of every irresponsible and senseless claim. He suffers long drawn anxious periods of nervousness and restlessness, whilst the litigation is pending, without any fault on his part. He pays for the litigation, from out of his savings (or out of his borrowings), worrying that the other side may trick him into defeat, for no fault of his. He spends invaluable time briefing counsel and preparing them for his claim. Time which he should have spent at work, or with his family, is lost, for no fault of his. Should a litigant not be compensated for, what he has lost, for no fault? The suggestion to the legislature is, that a litigant who has succeeded, must be compensated by the one, who has lost. The suggestion to the legislature is to formulate a mechanism, that anyone who initiates and continues a litigation senselessly, pays for the same. It is suggested that the legislature should consider the introduction of a “Code of Compulsory Costs”.

151. We should not be taken to have suggested, that the cost of litigation should be enhanced. It is not our suggestion, that Court fee or other litigation related costs, should be raised. Access to justice and related costs, should be as free and as low, as possible. What is sought to be redressed is a habituation, to press illegitimate claims. This practice and pattern is so rampant, that in most cases, disputes which ought to have been settled in no time at all, before the first Court of incidence, are prolonged endlessly, for years and years, and from Court to Court, upto the highest Court.

152. This abuse of the judicial process is not limited to any particular class of litigants. The State and its agencies litigate endlessly upto the highest Court, just because of the lack of responsibility, to take decisions. So much so, that we have started to entertain the impression, that all administrative and executive decision making, are being left to Courts, just for that reason. In private litigation as well, the concerned litigant would continue to approach the higher Court, despite the fact that he had lost in every Court hitherto before. The effort is not to discourage a litigant, in whose perception, his cause is fair and legitimate. The effort is only to introduce consequences, if the litigant’s perception was incorrect, and if his cause is found to be, not fair and legitimate, he must pay for the same. In the present setting of the adjudicatory process, a litigant, no matter how irresponsible he is, suffers no consequences. Every litigant, therefore likes to take a chance, even when counsel’s advice is otherwise.

153. Does the concerned litigant realize, that the litigant on the other side has had to defend himself, from Court to Court, and has had to incur expenses towards such defence? And there are some litigants who continue to pursue senseless and ill-considered claims, to somehow or the other, defeat the process of law. The present case, is a classic illustration of what we wish to express. Herein the regulating authority has had to suffer litigation from Court to Court, incurring public expense in its defence, against frivolous litigation. Every order was consistently and systematically disobeyed. Every order passed by the SEBI was assailed before the next higher authority, and then before this Court. Even though High Courts have no jurisdiction, in respect of issues regulated by the SEBI Act, some matters were taken to the High Court of Judicature at Allahabad (before its Lucknow Bench). Every such endeavour resulted in failure, and was also sometimes, accompanied with strictures. Even after the matter had concluded, after the controversy had attained finality, the judicial process is still being abused, for close to two years. A conscious effort on the part of the legislature in this behalf, would serve several purposes. It would, besides everything else, reduce frivolous litigation. When the litigating party understands, that it would have to compensate the party which succeeds, unnecessary litigation will be substantially reduced. At the end of the day, Court time lost is a direct loss to the nation. It is about time, that the legislature should evolve ways and means to curtail this unmindful activity. We are sure, that an eventual determination, one way or the other, would be in the best interest of this country, as also, its countrymen.

…………………………….J.

(K.S. Radhakrishnan)

…………………………….J.

(Jagdish Singh Khehar)

New Delhi;

May 6, 2014.






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