REMINDER OF OUR GLORY AND POWER

                                                             PREAMBLE OF INDIA


WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:


JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;


IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.



Purpose of Having a Preamble:
The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."

The Keynote of the Preamble was to emphasize the positive aspect, “the unity of the Nation”, as much as the “dignity of the individual”. “Dignity” was a work of moral and spiritual import: it implied an obligation on the part of the Union to respect the personality of the citizen and to create condition in which every citizen would be a sovereign in himself and will cherish and fulfill his desire of self-fulfillments and self-satisfaction

It must be noted that the Supreme Court may have power to strike down a legislation as unconstitutional, but still it derives its powers from the Constitution. If one reads the source of the Constitution, it starts with a declaration “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in a Sovereign…..”. Thus, it is not the Court, the CJI, the PM, the President who has declared the Constitution, but it is we, the sovereign citizens, the people of this Nation, who in exercise of their powers, have declared this nation as a Sovereign, Socialist, Secular, Democratic, Republic. All others including the CJI, PM, CM, MP, MLA, PRESIDENT are under this constitution and not over it. It is we, who have ourselves decided to subject our own selves to the Judiciary and law. This does not mean that we have empowered any one to be a Constitutional Authority, and those who claim so, are living in the world of illusions, and must be shown the mirror of truth. Truth is painful and bitter for one or a handful, but gives peace of mind to al,l as we feel save under the umbrella of truth and are sure that our dignity and life will not be snatched.

We have put Justice before liberty and equality. This is because the drafters were well conscious that unless there is Justice, liberty is meaningless and would not survive for truth but will be a weapon of destruction. They were sure that once Justice and liberty is there, equality will blossom automatically, as Justice is the seed, Liberty is the tree and equality is the flower of the tree. Naturally, last but not least fraternity is the sweet and cherished fruit of this tree.

This is to remind you all and myself that we have forgotten who we are. We have forgotten the best gift we got at the time of independence and have started living the life of slaves of our own “PUBLIC SERVANTS”. This is to remind you that you were born free, born independent, born with right of Justice first followed by liberty, equality and Fraternity.

Please rise tomorrow and remind your self of this preamble and remind your mind and soul that you are the person who controls everything, you are a sovereign citizen, and have a right to Justice and no one can stop you. If the person claims to be too powerful, then go back to the preamble and read the message to him and yourself also, “WE THE PEOPLE........”, calling us to unite and fight, and enjoy the services of our “RESPECTED AND HONOURED PUBLIC SERVANTS” and not be subjected to them.

JAI HIND……..

ITS EASY PRACTICE OF LAW

I was sitting with one of my clients. He asked me about me, what law I enjoyed and what I think is easy in Law.

I told him this about easiness:

The best position is to be a defence lawyer in banking laws and cheque return laws. Your job is just to drag the case. The accused is probably sitting on the funds captured from the complainant. He can pay your big fees from the interest he earns from the cheated money. But I also said that for this you must make sure that your client must be a cheat and not a victim of circumstances/ complainant or a innocent person. (unfortunately this catagory comes to me and hence I think I cannot be more than Dal Roti).

Next, I said, that you must appear for the lady in Domestic Violence or dowry or matrimonial case. The law is reverse here and the accused is assumed to be guilty and a person who deserves more punishment than a rapist or a terrorist. The lady's father will pay you huge amount as a percentage of the alimony the lady gets. He makes an investment in you whole heartedly. And the best part, make any statement and let your client be a violator of all orders and there will be no action under prejury and contempt. If you can bargain big for the client, manage the police, then, be sure this client will send more clients, friends, relative etc... as it is now a florishing business.

(Unfortunately I am against wommen in such matters and the guy is under so much burden and I am under the burden of my morale and my sympethatic heart)

Then, the other is to appear for a big terrorist or big criminal. Though I am an Advocate,  I did not know the Advocate who has appeared for Kasab. But as on date all of us know Abbas Kazmi. ( Sorry I am not appearing in criminal matters)

The last is to be a cheater Advocate indulging in all kinds of manipulations and Justice doggers, claim your self to be close to many Judges and also have big political contacts... many things more which I cannot even say... (By mistake I was born to a father who did not teach me this and my Senior who also was not in this field)

I replied him at last, I enjoy what I am and happy that I am not doing the easiest job...... My soul is at peace and my heart is clean.... I have no burden on my head... I asked him if he knew or was interested in my ank balance and the answer was NO...

Happy and Go lucky .........

THE BANKING UNLEASHED

In one of my first articles I had stated the reconstruction of banks by mergers. The Government has decided to do so. However, the difference is there. I think regionalism of the Banks must be done away. Hence Punjab National Bank or Bank of Baroda must not be in existence. That is to say that the banks which must take into fold others are :
central bank of india
state bank of india
bank of india
union bank of india
central bank of india
united bank of india
have new names - syndicate bank of india, majestic bank of india etc..
The Government wants to have mergers of Banks which are having presence in different regions. I feel that there must be just 8 nationalised banks. this will increase transfer of funds within bank and clearing will be decreased. Infact, with this the role of clearing bank can be done away. I tell you how.

these 8 major banks must promote a ATM company.... which will see that ATM is operational accross the nation at regular intervals. hence in mumbai a ATM must be at .5 km at every side. charges can be Rs.3.00 per transaction and people will not mind it.

these banks can have a single data base of KYC(through a KYC co.). this will make them have details of all operations of a client and if he fails in one bank other banks can know the same. also there can be a restriction that if more than 2% of the cheques are bounced by the client accross all accounts he should not be allowed to use cheque books. that signature server can be used to access signature verification also.

the difference of savings and current must be done away. there must be no interest payment and no folio charges. however, each transaction ( debit or credit) must be charged Rs.1.000 ( except ATM for which Rs.3.00). this will redue lot of hurdles and you must be allowed to convert FD od 7 days or more...

with internet, the banking must be made as paperless as possible.

the state cooperatives must be one bank per state.... and all this will result in mega banking companies...
when we can set lowest telephonic tariff then why cant we lead the show in banking... the only thing needed is will... that yes we cannnnnnnnnn...

A SLAP ON FACE OF MUMBAIKAR

26/11, a nightmare.... 3 days... we were holding our breath....

result.... protest... on street for the first time in India.. the classes came and united like masses.. protest and anger..

further result... CM and Home Minister paid a price.. lesson to Government that you need to work and care or the door will be shown...

A year latter..
The CM elivated to centre.. Home Minister back smiling and proud..
The protest.. dead..
Other Political parties fighting for language, speech and religion...
result ... 26/11... did not make any effect... on except the victims and family members...

comment... its a slap on every Mumbaikars face... and the matyrs sacrifice in vain...

Jai HOOOOOOOOOOOOO

26/11 HAPPENS DAILY

Last 4 days or so, I just see all news channel busy covering one event, 26/11, a year ago, an attack which was actually an attack on the soul of Mumbai. The spirit of Mumbai was shattered. The confidence in security lost. We then united ourselves to show strength and came on the street for the first time to tell the world and our Government that we will not tolerate this, that we will not allow lapse in our security, that we will not allow violence to play havoc on our lives. We utterated one thing, we have a right to live and no one can snatch it from us.

One 26/11 shook us so much, as we saw the scenes on T.V. and could feel the pain of the destruction of human lives, but have you ever wondered that 26/11 happens daily, and that too with the aid of law, or rather let me say that law felicitates the happening and equips the destroyer to do so, and then rewards the destroyer with lots of finance. Yes.... that is legal terrorism... it comes to a house, destroys and ruins the family and shakes their soul so badly that life can never be normal... A person who is a victim of it does not even get sympathy and is subject to abuse... The wounds not visible, but soul wounded as if attacked all of a sudden from all sides and when defenceless and unarmed...

It is bad gender biased matrimonial laws. Unfortunately, the Government, Police and the Judiciary play an important contributor and facilitator to this. So easy it is that you go to a Police Station, and bribe a Police Officer to register a false case and then things fall in place. The only thing this terrorist has to do is to make allegations as wild as possible, as dirty as you can imagine, and then take shield of tears, law and society. The combat starts there. The victims are the mother-in-law, father-in-law, brother, sister, niece, nephew, sister-in-law, brother-in-law, you name any relation and they will be there. With one assault many souls wounded deeply. The assault on your reputation, your finance and your thought. I can just say this, that terms are dictated and extortion is then officially done. The terrorist demands and the victim pays in the temple of justice. . and the Judge has (false claim) has got the terrorist Jusice(rather gets injustice to the victims).

We may have shown solidarity with 26/11 victims. But each day this terrorism is killing many... several in a single assault and we turn indifferent to it. We may have a relative who is such a terrorist, but we have relations and sympathy for her, a neighbour, a friend, or may be a known person. How many protest against it. The casualty in a month is much more that that on 26/11 and repeats itself day in and day out. We are spectators.

Our calmness will not help us but will see that every colony, every building and every family will have such victims and our carelessness will be responsible for it. Time has come when we stop and think. We protest and boycott such terrorist, their families and their supporters. We need to unite and resolve not to treat them as part of our culture and society. Our silent protest will unnerve them and bring them to kneel. We need to be with only the victims and the families. We need not support them financially, but can just keep hand on their shoulder and say "We know you are a victim. We will give witness in Court if need be. We will not accept the terrorist in our community, society, religion, group and relation". We need to tell the facilitators and aides of such terrorism that we will not sit with them, not cellebrate any festivals with them and will not accept them as part of relations, society, neighbourhood as they are morally wrong. This itself will be enough to shatter these terrorists.

Let us take a vow now, that we will not help such terrorist and will not keep any relations with them and will socially boycott them.

Let us Fight for the Rights.

ARE WE REALLY FREE

Freedom to me means a free mind and free heart. Freedom means I must not be afraid to speak the truth, even if the truth relates to Crown. Freedom means that we are having liberty to choose our religion, our work, our place and our thoughts ( of course with morale).

But, I feel that freedom is an illusion and even the topmost Court of law has not perfectly enshrined the principles. Today we can read about Manu Sharma having made a killing of law. Did the Judiciary take to task all persons involved? We can read the statements of CJI or any Judge. We can read the details of RIL cases, but can we make a comment on it? Can we express our feeling about a comment by the CJI or the assets of the Judges or  may be about the conduct of a Judge in a case or a remark passed by a Judge during the proceedings? Can we have a opinion poll about performance of Judiciary? Can you seek action against a Judge if you point out that he is speaking a lie? Can you ask a Judge to resign even if he has blocked the operation of law? The answer is no. A judge can blame masses, classes, Government and everyone for backlog of cases, but no finger can be pointed out to a judge challanging his disposal capacity or his performance. They are so protected that saying a truth even by a Senior Advocate amount to Contempt Of Court.

Contempt of Court was drafted to uphold tyhe sanctity of the orders of the Court and not to safeguard a Judge against potential wrongs/ misdeeds/ illdeeds / negligence/ lack of performance. But today Court orders are violated openly ( I can show many cases) and the judiciary, especially lower one shows helplessness. But if you say to a Judge look here sir, you have not even read my review papers and just decided it without seeing the merits, then he will say "Issue Notice For Contempt of Court". The Rights of people are violated day in and day out, but judiciary says, follow due process of law and wait for your turn. There are wide powers to take SUO MOTO actions to remove injustice but Judiciary has no time ( time for media not mass justice).

I can just say this. For 10 days allow democracy to exist, and after 10 days 50% of the Judges will resign. Let there be a voting on who is the best Judge, then many Chief Justices will fall on bottom. Let there be a poll, on who deserves to be in Supreme Court, many Judges of Supreme Court may be out and many like Bilal Nazki will be in race for CJI.

But will we get the freedom..

SIDDHARTH MURARKA

SO PROTECTED THAT THE SC JUDGE CAN DO ANY THING

Recent developments and statements by CJI confronted me with an issue. What in a democracy if people feel the Judiciary is not doing its job or exceeding its limits or may be a Judge is corrupt.

Interestingly, a Supreme Court judge as well as a high court judge, can be removed from office only by impeachment (Article 56) through a Parliamentary procedure laid down in Article 61.We thus have the situation that in respect of removal from office through impeachment, the Supreme Court judge is not only at par with the President of India but even higher when it is considered that the judge is protected even from violation of a constitutional provision or of constitutional convention.

An eminent Jurist, has advocated that India should enact a law on the lines of the one made by the USA in 1980 whereby a judicial body is empowered to take such action against a federal judge 'as is appropriate, short of removal.' Such a law, Nariman believes, 'would be appropriate to ride ourselves of the few 'black sheep,' and yet maintain and preserve the judicial independence of the higher judiciary guaranteed by our Constitution.'

Do we wish to have a transperent Judiciary or a dictorial Judiciary is a question which haunts me and must be most seriously confronted by our people and our Parliament.

We do not want a judiciary which will block our Right to Information, or who will take on the hearing and then say to avoid confrontation I step down from the seat. We do not want a Dinkaran episode or a Judge making U-Turn on his statement against a cabinet minister...We do not want even a Judge who is accused of corruption to even think of the Supreme Court elevation and also do not want reinstatement of judge accused of Corruption... We do not want a judiciary which will block an Advocates right to address the Supreme Court and if he stands outside in que to take a pass, then he will not be able to give Justice to the brief he has. It is like creating monopoly of a few Supreme Court Bar Members... We do not want a judiciary which is media savvy and want one who will avoid giving interviews to media... We do not want a judiciary which spends more time on other works then in giving Justice..

We want a Judiciary which is passionate about giving Justice and has the guts to step down and resign whenever accused of anything.. The Highest Court must have highest morality and highest degree of sensivity to Justice...

SIDDHARTH MURARKA

MY NATIONAL LANGUAGE... WILL IT STAY NATIONAL

The controversy regarding marathi and Abu Azmi is hot and boiling.... Well in Maharastra you have to take everything in Marathi, Karnataka- Kanad, Tamil Nadu -Tamil. Your Oath taking in national language Hindi will bring you slaps, kicks, punches, and hard hitting... So the national language will not be valid here?

This means the national language will be used in only Delhi, Haryana, Uttar Pradesh etc. and else where you have the regional languages. So does our nation mean only North India?

It is an issue which can be a base of disintegration of the nation and soon we may be princely states as we were before the British and the Mugals came in. If that happens I am sure we will have the Chinese coming in and ruling us for couple of decades and then we will have a much diverse religious and cultural base as chinese will add more feathers to our diversity. Is'nt that wonderful.

We will have another freedom struggle. Many Gandhi's and Patels, another Pakistan will be made and another Jaliawala Baug, another Saheed Bhagat Sing, Subash Chandra Bose.... Sounds so good... we need them.


JAI HO... MERA BHARAT MAHAAN AUR USESE BHI MAHAAN HUM.....

WHAT SHOULD I DO IF I WAS IN THAT POSITION

Last week was a turmoil for the supreme Court. No it was not a landmark Judgement which was passed but a turmoil which shook the Judiciary. One after another three Judges withdrew themselves from hearing a case to save themselves. Interestingly the withdrawal was not at the beginning of the case but at the fag end... It was like a test match abandoned after 4 days of play as the players decided to call of....

I am sure it must have been a great dilemma for these Judges and also the CJI. The CJI facing turmoil after turmoil starting from the Madras Judge, who said that a cabinet minister had called him, to a judge who defied the CJI and declared his assets, things did not stop there... Then came the RTI controversey, the Dinkaran J. controversy and last but not the least the judges withdrawing from the cases...

I was just wondering what would I have done if I was the CJI and was surrounded by so many problems. Who knows I may after 20 years be the CJI (I know its a joke but I am a day dreamer). Then what will I do... will I resign from my post  or will I remain quiet or will I rush to media to clarrify... what action will I have taken against waste of Supreme Court Judges valuable time.. how will I react to Dinkaran J. problem, the Madras Court Judges issue, the RTI controversy.....

What would I have done if I were in place of these 3 judges of Supreme Court or other Judges who are subject of this discussion... I am sure these Judges and CJI must be feeling very bad and at that level there are very few whom you can consult...

But I am a person who thinks too fast and too forward. So let me plan and get the opinion of the other and let me decide as to what will I do if I am in their place..... Help me..... please tell me what should I have done... what do you expect me to do if I am there in that position..... Your comments needed .... After all I am going to do that with your consultation...   Are Us Din Kha Puchne Aunga... Aaj hi Bata Do.......

IS IT A LIE SAID OR A TRUTH BURIED

In Mid 2009, a Madras High Court Judge, Justice R. Reghupathy in open Court made a statement which shook the political and judicial world. He made a statement to the in open Court that a Cabinet Minister from UPA Government got in touch with him about a case involving nasty people being investigated by the CBI. The heat bolied and comments from CJI (expect comments on each and every thing from him) poured in.

Then few days down the line came another day when statement was changed. The same Judge said that he was not approached on phone by the minister but an Advocate informed him that a minister was interested. The world's changed. Earlier it was like saying Mr. X was involved in the murder and now Mr. X was praying for the death of the deceased. The difference is tremendeous and visible.

I ask my self, what is the truth. If the first one is the truth, then why the truth was buried. If the second statement is correct, then did the judge lie (oops... I must be polite and must not say the truth as I can be punished for Contempt). Whatever it is, a question remains as to was it a lie or was a truth buried? Why did the CJI not call for investigation? Why was the Judge not asked to clarify the facts?

Whatever way, whatever is the truth, in both cases, the Judiciary has shown the people a new face, which has really put us to think as to why this? what is the truth? who is a liar? what is the fact? why no action? why continue on bench if you cannot speak the truth or burrying the truth or are saying a lie? Is the quality of judiciary down and down under? Is the CJI not going to take action to restore the pride of Judiciary? Is it not a wrong precedent? 1000 questions and no answer..........

siddharth murarka

COMMON MAN A LOSER

RIL   v. RNRL    Result on 4.11.2009

Several hearings. 3 judges out of less than 20 representing nation of more than 100 crores. The hearings.... The climax...... The suspense .............The nation ( rather the world of business) watching........and the result.......

Judge walking out of the bench... loss of tax payers hard earned.... Severeal common man could have got their cases heard, but the fact is that they were subject to delayed justice.................

Who did? what was done? how it happened? No I dont want the answers. I just want to know who will be liable and accountable for loss of public money and delay in justice to other litigants..... The nation is watching... anyone to claim the liability........

siddharth

HATS OFF THOUGH LATE

Today Justice Ravendran withdrew from the bench which was hearing the Ambani case. Very honestly, I really felt as to how he could continue on the bench when he owned equal number of shares in both the companies when the value was 80:2000 or so. It was imbalanced.

I salute Justice Raveendran's decision to quit. It is in the interest of Justice that a Judge must not only be unbiased and neutral but infact there must not be a single point whereby or on the basis of which such allegations can be made. Infact I really felt bad that the firm which was advicing Reliance should have filed an Affidavit of disclosure. Anyways late better than never...

"My conscience is clear and I feel that justice should not only be done but seems to be done. That is the tradition of this court," is what he had to say. I hope that this should mark as a precedent to the Judiciary to not only quit from the case but also quit from post when there are or there could be allegations against the Judiciary. I do not agree with the Judge saying that it is the tradition of this Court as I have reasons to say so. I hope the other judges are hearing it or reading it and the message which is hidden is that for Judiciary to survive the doors to possible allegations must be closed even if it amounts loss to a Judge...

The judgment of Ambani's may or may not be a landmark Judgement but the judgement of Justice Ravendran to quit is a BENCHMARK...

JAI HO........

CELEBRATIONS AND GRIEF

Yesterday, the Congress was busy showing how great and inspiring was the Iron Lady Smt. Indira Gandhi. But then we forgot many who had shed blood tears in her regime. Should be pat a person for good deeds or forget the past when it is a mixure of good and bad, I do not know.

Indira Gandhi's assination trigerred a massacre, which not only put India but the entire humanity to shame. The sikhs were killed because two persons from their community had killed the Prime Minister. Such was the hatred that the Congress leaders were on street taking away fathers from children and husbands from women. It was a ruthless act which has scares till date. I would have been happy if the Congress had the guts to ask those alleged to be involved in this massacre to sit at home and retire from politics. It just was a reminder of General Diar who created Jalaiwala Baug and the memories of which till today makes our blood boil. I can imagine that those children who lost their fathers during that riot will have no love and affection for the country and its Government. I do not know when but history shows that revenge and hatred towards injustice is the cause of collapse of empires. After all the Kauravs were destroyed because of the hatred and revenge of Draupadi. I fear that the hatred among the sikh may revive the demand for Khalisthan.

Let us look at more things. Can any one forget the emergency. It was an era of inhuman rule and the masses were treated like dogs and donkeys. Business tycoons cannot forget the nationalisation of banks overnight. The Licence Raj and corruption took deep root in that period and till today we pay a price for it. The piling up of cases started in that era and today we just grumble over things but cant change things. The iron lady made the corrupt babus, the bureaucracy so strong that they still rule the bottom of the economy and cannot be removed just like termites.

Was there a plus in the regime. Well definately. How can we forget the food and dairy product crises which was solved by the Late Prime Minister. The fact is that Pakistan still gets haunted by her name is enough to show that we were at a gaining position against the arch rival. The manner and fashion in which Bangladesh was created was a slap on the face of the fundamentalist and terrorist state of Pakistan. I am sure no other leader matched this skill of Indira Gandhi..

So what should we do, be proud of the iron ladies handling of Pakistan or cry over the inhumanity shown by the regime in her time and after her death... Well I cry over it sometimes but 26/11 makes me proud of her. Its a mix bag of emotions and national patriotism....

Jai ho...

siddharth

So are we to cry over the bruthless

IS IT A FIGHT AGAINST OUR OWN PEOPLE

In the last couple of days every now and then we hear voices regarding Naxalites. The government claims that they are planning to wage a war against Naxals. Lots of debates are going on, but how were these Naxals born.

I am sure no one is born with arms in his or her hand. A person must have a motive or an incentive to lift up arms. With most states affected by this movement, I can safely say that it is a national crisis. But who is responsible for it? Well read the constitution of India and you will find it as one of the most fantastic constitution which takes care of every thing and is in real terms a constitution paving way for rule of the people, for the people and by the people... It has all the provisions guaranting liberty, security and also putting the burden on the state to be a welfare state..

But has the state lived up to its duties. I would say that socially the state is a failure and thanks to the years of congress rule. The Government has concentrated only on urban areas where people have means to unite and express, like media and computers. The urban areas is densely polpulated and can is cash cow for politians as they get money from these centres. But what about areas where the popluation of the villages are say 900 to 4000 persons per village. Its in rural areas and villages are far off from each other. Where the basic facilities is a luxury. You will find a police chowky who has control over 10 villages. The Police there thinks they are god as they know that people have no means to contact the higher authorities. These areas are subject to police atrocities. I have no hesitation that as on this date for these villagers Police means a demon and law, law makers and law enforcers are a distinct dream and cannot be contacted. Even if they will contact the higher authorities or law enforcers, these illiterates will be shown the legal formalities and technicalities and will be shooed away...

 No Judiciary member will allow the poor to meet him/her, hear the grievences and take action suo moto... Infact there is no mechanism where by they can reach the Top government Officers...

In that situtaion if a person comes with arms and helps them in getting their rights enforced, then these people will definately support that organisation and person.. That is what is the cause of birth and rise of naxalites... They tell the poor that their rights will be protected... They extort money from rich to arm themselves and stay in between the poor... The poor villages know that if any thing goes wrong they can meet the naxalite boss/head but cannot meet the DIG of Police and cannnot think of meeting Sonia Gandhi or P.M. or President...

Hence most villagers have high regard for naxalites and are willing to lay their lives for the naxalites. Waging a war against Naxalites means waging of war by the state against its own people. The effect could be devastating. Then what should be the action plan. Well the action plan must be to disarm the naxalites, bring them in the main fold of economy and also bring confidence in the masses that the state is a welfare state and all the rights of a person shall always be protected..... Its a tough job. Its easy to kill a person but most difficult to make him feel that he is doing a wrong thing and make him bow on knees without using the arms. If the Government will wage a war against these naxalites then we can see something like a Taliban coming out and destroying the most secure urban life.

The need of the hour is to change ourselves and not to hate Naxalites. We must go into the root cause as to why these people have picked up arms, why the people are supporting and must try to solve the basic problem of the masses. This will build up confidence in the people and I am sure non-criminal oriented Naxalites will drop their arms and will surrender. Then the state can fight the couple of criminal oriented Naxalites..

This exercise will be very painful and will require political, social and judicial will power.... But alas, we have no will power but only wills of our own fantasies. Hence, we must be prepared to see our next generation see the talibanisation of India..........

siddharth murarka

09324175771

ALL THE KINGS

On last friday when I was about to leave the Debt Recovery Tribunal (DRT) at Scindia House, I saw a king. I really felt that he is the king and all the other persons are just his slaves. what transpired is recorded below and you judge wether what title I have given to that person is right or wrong...

It was somewhere mid noon and I climbed down the stare case of Scindia House. Infact Scindia house is known for Income Tax offices and the DRT. All of a sudden just when I was on the building gate a person pushed me to the side. I was taken by shock as I was in my own dreams just walking and thinking. When I looked up I realised that 3-4 Advocates were standing in the line of the lift and 3-4 other persons were also present. At that time of the day usually there is no waiting list. I looked around. I saw one person near the lift, who had stopped the lift ( for me its hijacking). I asked him and he replied ek din sidhi use karne se koi fark nahi padta hai. I asked him further why it is being done and he said koi aa raha hai. On the main door two perons having income tax badge were there and on the road there were 2-3 more. They asked me not to stand near the gate and they were not allowing any taxi to stop in the lane.  I wanted a taxi and they did not allow any one to stop there as if the road was a private road.

After around 15 minutes or so two cars came and a gentleman, may be in his 40s came out and he was given a warm welcome by those officers only and no other person was present. He did not look like a top IRS or IAS officer. The said person did not even look around, shook hands and proceeded. I felt as if a white elephant is walking with an egoist head. The 15 minutes which passed by in this entire episode just made me wonder that forget the ministers and top level government officials now even these mid level officers or may be upper mid level officers have started haunting the lives of common man and their presence just causes inconvinience. I just recalled the Clinton issue where to police had stopped people from going and coming on a street as the ex-first lady had come to that area. According to me by such treatments of common man each day the naukarshah's just keep slapping the face of democracy and killing the message rule of the people, by the people for the people...

Very honestly I feel that we do not live in the free India as visualised by the freedom fighters but in the same colonial country with the difference being that there we had a mission to free the country from foriegners but here we cannot even fight out as they are one of us... and part of us..

siddharth murarka

IS JUDICIARY FOLLOWING POLITICIANS IN INDECISIVENESS

Whenever we talk of judicial authority, the first thing that comes to our mind is that its an authority which decides and is there to dilever the results. For survival of a civil society it is very important that such authority must not only command respect but must also be far of from the shadows of doubts.

On the other hand politician usually do not command great repect and always breed on the shadow of doubts and also allegations. The politicians are known for not deciding an issue which is complex and waits for things to cool down and people to become less concerned on an issue. When the ethopia dies down and another issue occupies the hot seat, the politians slowly decide the issue in the manner and fashion which they deem fit. However, to my mind the cannons of Justice requires that the Judiciary must be clean and straight forward, the ones who do not know two ways but only one way that is truth and only truth, justice and only justice. Thus they will lack in ability to twist and turn and always decide an issue on the basis of law only and will not keep an issue undecided or in back burners.

However, todays development has definately raised an issue as to wether the judiciary is following the footsteps of the politicians. The issue of Justice Dinakaran was today left undecided and the matter remains pending as to wether Justice Dinakaran will be elevated to the Supreme Court or not. There are several allegation against Justice Dinakaran, which is more than sufficient to decline elevation to him to the Supreme Court. The Supreme Court must have each and every judge who commands great respect across all the High Courts where they have presided and also all the Advocates who appear before him. People must have fear that if they are wrong, then the chances of them being punished are very high. The people against whom wrong is done must feel that the judge is eager to give justice and remove the injustice and the matter is being heard so that truth can be found out.

But what if a peson who appears before a Judge thinks ten times wether he will get justice or not? What if he thinks that in the past there were allegations against the judge, who knows may be they might be true? What if the litigant during the entire period of litigation, instead of looking and concentrating on the law of the land, concentrates and discusses more about wether the judge will dilever justice or not, wether the allegation against him in the past are true or not? According to me loss of faith of litigant is bigger than the crime or wrong itself and hence, it is necessary that the issue of Justice Dinakaran must be decided immediately and even if the collegium feels or decides that the allegations are baseless, then also they must drop the plan of elevation of Justice Dinakaran to the Apex Court. This will send a message to the litigants that the Apex Court being the final frontier in the fight for justice, does not give a chance to litigants and masses to even think that its members are tainted or even alledged to be tainted.

I do not know what is the fact, may be Justice Dinakaran is a true man and all the allegations are devoid of any truth, but still I feel that in order to make the litigants and masses comfortable, the need is that the collegium must decide not to elevate Justice Dinakaran, unless and untill he is cleared of all doubts and allegations.

To sum up it is the right of the litigants that if an allegation of such nature is made against any Judicial Office then such office must not get elevation at all unless and untill a clean chit is given to the said person. I know that this will cause inconvinence to some, even injustice to Justice Dinakaran, as chances of him being clean are very bright ( in law you are innocent till guilt is proved), but then we must remember that in doing Justice, at times we also do a little injustice to some and it is ok if that injustice is a bearable one...

Thus the last and not the least fact is that Judiciary and legal fraternity must be ready to sacrifice themselves and their carreers and must only be concerned with the limited issue of dispencing justice and creating a sence of justice..

Siddharth Murarka

OUR MONEY AND FOUL PLAY

We the common people pay taxes. Taxes in various forms like service tax, Profession tax, Octroi, S.T.T., V.A.T, Excise. The reality is that after service tax is introduced I am sure even the people below povery line must be paying atleast a Rupee to the exchequer directly or indirectly. But still we have deficit budgets, poverty, lack of infrastructure, lack of latest defence system etc... Thus we are in a state of shortage crisis...

Today the C.B.I. has raided many offices of the ministry of telecom. The claim is that there was a loss of Rs.50,000.00. This Government is running the loss making Air India out of our monies, and I can say that by this the Government is doing a job of an entrepreneur. The loss is in crores. This not the only unit, many more businesses exist to add to the losses. Add to this all the scam amounts including the P.F. scam where even the judiciary has been stated to be involved. I am sure all this added together must be sufficient enough to wipe out a substantial portion of our deficit/debts. Thus the fact is that the Government is not a manger but a sipnor of our funds and common man's monies.

I was just thinking that if I could get all the swiss bank account money ( claimed to be belonging to Indians and are unaccounted for) then I am sure we would be in a better position than even China. The common Indian has great qualities to adopt socially and economically and are hard workers. Having lived in multi-linguistic and multi-religious enviournment, we Indians adopt to changes very fast. Added advantage of infrastructure, if given, will take us forward leap and bounds..

I think what if the Government decides to merge many of its PSU's. ONGC, OIL INDIA, BPCL, HPCL, GAIL, INDIAN OIL and all other energy companies into 2 mega energy companies and sell 80% shares to public and investors. I am sure still it will retain a say in the management as no single person can buy a big stake in Companies having market capitalisation as large as 3 lac crores. Similarly we can have SAIL, RASTRIYA ISPAT all merged into one steel co., Nationalised Banks into say 6 major Banks having capitalisation of 3 lac crores each, MTNL merged with BSNL. The Government can sell off companies like AIR INDIA, SCI, BSNL etc. All this together will be more than sufficient to wipe out the entire debt of the country both domestic and International and also sufficient funds will be available to the infrastructure and also for updatation of defences...

I am sure major chunk of budgetary allocation is for servicing of debt and if that burden is not there, we will have huge funds for development. Time has come that we see that the government restricts itself to policy framing, tax collection, maintainance of common amenities and defence and stops putting time and energy on PSU's.

But then if that is done the number of ministries and the babus will be reduced, development will be of masses and not of politians and their men.... so the politian says who cares... janta chor hai... humara hi to jor hai...

siddharth murarka

CJI AND RTI

The top 2 short forms means a lot of power for the common man.

One is Chief Justice of India, the Constitutional Authority, a symbol of supremcy of law over individuality. A person who is seen as a symbol of justice, a person who is selfless, non tainted and who can sacrifice himself to see that law prevails over everything, that the constitutional supremecy is upheld and that each person gets his rights as guaranteed under the constitution. An open book and open office who will stand for the rights of commonman and will supervise the judiciary to see that the judiciary functions under the Pendurama of Law for all, against all and by all.

The other is Right to Information, an act which has given powers to common man and equipped him with bramhastra against corruption and a safe guard of the fundamental rights given under the constitution. The Right is so powerful that every one including the PMO and president are covered under the same. The Right gives a common man on street means to find out how his money is spent by all including all ministers and which gives him the power to take accounts of all persons running the nation. The act makes the common man so powerful that he gets the accounts of all the representratives of the masses and from the four walls of his house, he can infact get so much information, which I presume would require investigation by an ageny of caliber of C.B.I.  The information when parted sends shivers down the spines of those who are corrupt and also those who have not worked properly, or have worked inefficiently, lazily or have closed their eyes even when they know something wrong is happening. Thus the act is an act of exposure and disclosure.

Now the expectation was that with a powerful seat in place and a  powerful act in hand, we Indians started dreaming that atleast after 6 decades of independence, we will have a right to say in governance, a right to know the facts, the right to discover the wrong and then with the data knock the doors of the pillar of law and democracy that is the judiciary and get the wrongs set right.

But alas, as always the dream of the commonman went shattered when the CJI refused to dilute information under RTI. The person incharge of holding up the rights closed his doors to the right of the common man to know whats inside his office. The question is why? and the thought is how can he do this when I am assured this right under constitution and through an act passed by the Parliment. I will not be able to answer this.....

Now something amazing also happened, a Judge of High Court gave wings to our desire by passing and order which meant an order against the judicially most powerful person. But the fact is that the said order was not put in operation immediately and there was a period when the order was defied which in legal terms meant Contempt Of Court.

Many called me up and asked me that now when an order has been passed which in reality means that the CJI had blocked the rights of the common man and he was found to be wrong in doing so, then does he not loose a right to continue as CJI, legally as well as morally.  I just reply to them, that I am not even 1% law literate and hence cannot answer the same.... but also add that this question also haunts me and if you get an answer please do inform me...

Thank god, I am not a judge................................

siddharth murarka

WHAT IS WRONG IN JUSTICE

I have read that justice delayed is justice denied, justice must not only be done but also seem to have been done. I extend a line and want to add something " A Judicial system which frustrates truth or make a man even think of lifting arms against injustice is worse than a senerio where there is no judicial system".

This means that if someone after having gone to Court of Law is so frustrated by the system or decisions or adjudication that he feels that he should not have come to Court and would have be in better position if would have picked up arms, then I think it is the failure of judiciary and collapse of the judicial system.

I have gone through that faze or rather at times go through this same faze. I had filed an application for modification in Consent Terms in the family Court at Bandra. In that matter I secured an order to have telephonic access to my daughter Nupur. The order was violated and I took out Contempt Application in which notice was also issued for contempt. Then the friend of my ex-father in law gave an undertaking to produce the child before the family Court. False medical Certificate was also filed. My ex-wife filed and Application for transfer of the said Application to Kolkata and hid all this facts. The Supreme Court stayed the proceedings in Mumbai and the opponent did not serve me the papers for months.

Then I took papers from the registry ( no penalty for delaying the process of justice and not serving the copy to me). I informed the Court about the order of access and the Supreme Court clarrified that the stay will have no effect on order of the Family Court. The opponent got the matter referred to Lok Adalat. That day in Lok adalat the opponent gave another medical certificate. Justice Agarwal and Justice Aftab Alam referred the matter to Delhi Mediation Centre and asked the child to be brought before the Delhi Mediation Centre. Before Delhi Mediation Centre in total 4-5 meetings were scheduled and in which the opponent brought Child once and I was shown child from far off. In the centre before the mediators the opponent Advocate openly violated my rights and used abusive language ( he was never taken to task for violation of my rights and defiance of Court Order). The idea for sending matter to Lok Adalat seems to have been to simply waste my time and my money ( Rs.1,00,000.00 spent) and never there was intention to settle the same. So I realised how easy it is to use the Supreme Court for an intended act of cheating.

The report of Delhi Mediation Centre was not properly made and I wonder how the Delhi Mediation Centre did not report the behaviour of the Advocate to Bar Council of India. Was there a feeling of fear or was it to protect a  person as he is from the same fratinity. My ex-wife got an oppotunity or rather a reward for violation of rights of my daughter and myself.

It was strange that since Lok Adalat had referred the matter to Delhi Mediation Centre the matter should have come back to Lok Adalat but instead went to Supreme Court directly. I wonder why the protocol was violated. The next hearing was not by two but three judges on bench. The opponent realised that Justice Katju was on bench and hence did not appear and the application for transfer was kept for dismissal.

To my mind common sense is that when 3 judge bench has heard a matter, even wrongly, then it cannot be before 2 judges bench. But next time it came before 2 judges bench. The bench did not give us hearing and just stated that without going into merits the matter stands transfered to Kolkata. I informed the Court that Contempt Applications (total 3) are still balance, notice are issued, modification can be done by the Court hearing it and also that the lady has hidden the details from the Court. I was at recieving end and without giving into details the matter was straight forward transferred to Kolkata. This made be frustrated. I realised that the Opponent had used all dirty tricks and had used the Supreme Court ( seems sentimental towards ladies) for their ill wills. I really felt as if I should pick up arms and kill my self in front of the Supreme Court and make a case like Rizwan ( Kolkata) or should kill the cheater Advocate and my inlaws, but alas my blood has no violence....

But, fact remains that my truth was frustrated and I had a thought of lifting arms. For me that was the point where the system had failed because I may not have picked up arms but somebody might have or will. So I think that when such things happen then it is failure of judicial system and if few people will pick up arms then I am sure we may have a naxalite movement or terrorist movements. Will the judiciary be responsible for the same or the litigants. I do not know but know only and only one thing ... that is...........

"A Judicial system which frustrates truth or make a man even think of lifting arms against injustice is worse than a senerio where there is no judicial system".

FEAR WE LIVE IN WITH DEMOCRACY IS WORST THAN DICTATORSHIP

The Indian Constitution was born in 1947. The idea was pure democracy where pwople will have fear of law and will have all rights which a human needs to have. The principle was untangalement of power, power with masses and creation of a fearless society.

62 years have passed and I am sure that if the framers of the constitution were alive they would have cried and would have committed suicide. We live in an era worst than dictatorship. If you strongly feel against a strong political person, then also you must keep quite and bear the atrocities or else you would land yourself in trouble. You fear the local leaders and goondas. Atleast I do, as they can beat you and the police will do nothing. You may knock the doors of law but result will be more harrassment for you.

Not only do the politians threaten you, but also police and who ever is a little powerful than you. To sum up its a rule of "jiski lathi uski bhaas".

And for the law, the threat is much more. The demo of the same is from the fact that many had very hard feelings against the CJI's decision on non disclosure under RTI, there was resistence and protest inside but not open as all fear that he will as constitutional head may make you face Contempt of Court. For me a Judge is a person who stands for justice and is above self, who knows the pain of the commonman and gives them justice, which brings confidence in the masses towards an organised process of law and its execution. A judge is non controvercial and whenever he feels that people are not satisfied or his decision has caused harm to a person or the faith in justice, he steps down like a humble warrior, without any resisitence and even before any one demands action. I do not know the right or wrong but know one thing.. I have fear and I am afraid of the police, politians, judiciary and even local small time self acclaimed leaders (dadas). For me all are the dictators and I am their servant who has no guts to protest a loud. I fear more the common man who will not support me if I say look here this is a wrong thing, but instead some will critise me, some will victmise me and some will pat my back and say "you are right, but hum kya kare, humbhi darte hai".

THE MORAL OF THE STORY IS THAT WE ARE IN DICTATORSHIP OF SO MANY DICTATORS AND THE SPIRIT OF DEMOCRACY HAS BEEN ASSISNATED...

siddharth murarka

The great Indian Bank drama

Indian PSU Banks represent public money. They were formed by the Government of India and Nationalised because in that era it was considered that this is a service to common man in the form of accounts and also giving credit facilities to the trade and industry.

But let us see what Banks today are doing.

I have a savings account in Syndicate Bank Malad west Branch. I always asked for 10 cheque leafs. This time I was given 25 leafs. But my account was debited with Rs.120.00 as cheque book charges. I asked the manager as to how it was debited and he told me that in case you apply for more than 50 cheque leafs in a year we debit your account by Rs.6.00 per leaf ( more than even a current account). I asked him then 6*25 = 150.00 must have been debited and the answer was that it is the software which debits the accounts and not they and the software is always correct.

In last one year I have closed one current account and the Bank debited Rs.500.00 for closure. They debited my accounts with Rs.10.00 per savings account and the reason given was that now you are insured for accidental death of upto Rs.1.00 lacs ( my consent is not necesary and it is the Bank who decides who needs insurance and how much). Bank must have earned in croires by debiting crores of accounst with Rs.10.00 each.

The saving account minimum balance was enhanced to Rs.1000.00 from Rs.500.00 and since I did not go to the Bank I did not know it and by the time I realised the entire family was made to coughout Rs.1,000.00 in just 2 months.

I asked the Bank to open a Escrow Account wherein I can keep the fees which I have recieved but for which I have not completed their work and the Bank said please go to USA to open such accounts. The answer was rude and as if I am a beggar and he is the owner of the Bank.

This clearly shows that Banks have adopted an attitude to harrass customers as they know that now customers are not used to cash transactions as earlier.

The moral of the story is that the government is fooling the common man and these Banks make money only by duping customers and hence are in profits.

For me the Banking needs to be simplified. There is no need of saving and current account bifurcation and the account must be just a Bank Account with no minimum balance. For Transfer from Bank to Bank ( online If I pay directly to the Account of another person in another Bank), there must not be any transaction charges as the clearing exercise is stopped. ATM and Debit Crads must be free and encouraged. The cheque book charges must be Rs.3.00 per leaf and there must not be any charges for folio etc. No interest must be paid on accounts and there must be option to put money in FD or may be by standing instructions.

The Account No. must be my unique ID NO. and the bank code and branch code must be prefixed. This will make I.T. capable of tracking my accounts and also there must be a ristriction on no. of accounts a person can maintain, may be for individuals just 3.

For lending I will put details next time. I am just waiting to see a simple life without knots of complications and where the productivity of a person is real and not artifical, as is perdominant now. For more Banking reforms I will put in more details next time.

SIDDHARTH MURARKA

is the direct tax code really simple

I read the direct tax code as was sent to me by IMC. On first glance I felt god saved the common Indian by 10% as the number of section is reduced. But when I analysed it then I found it was not really simple.

Simple Tax Code to my mind will be a tax code where a person is not burdened by tax, there is no major incentive for evasion and also the tax payer does not involve too much in tax planning, tax dogging or realignment of Income Tax files for getting Tax benifits.

Thus, I would say the first and foremost thing that must be done is all exemptions like 80C, 80D should be scrapped forthwith. The person must not divert his energy in planning such things but must concentrate more on work.

Further, the tax slab must be simple
that is -
upto Rs.3.00 lacs exempt.
then next 7.0 lacs 10%.
then next slab till 1.00 cr. 20%.
then next slab till 10.00 cr. 30%
then next slab till 100.00 cr. 40%
and after that 50% flat.
for corporates 25% flat should be the tax. There must not be any FBT or Dividend Tax.

I think depreciation must have 3 slabs of 10%, 25% and 50% only (the last in case of electronics like mobile).

I personally feel that there must be tax on all incomes like capital gains, agriculture, export or any other profession and no special treatment for writers or women or old aged persons.

The deemed income on second house must be done away and audit must be on Rs.2.50 crores.

If the tax is so simple no one will divert income in name of family members and will not float 10-15 firms. Thus simplicity will mean honest tax payer and tax must be thought as responsibility towards nation and not a liability.

dance of the democracy

Today I went to vote. All parties were trying to woo me by all sets of formulas. All busy in checking my name and giving me boot number. And all saying " Sir hamara chin ****** hai. Please Aaap humehi vote de aur kisi ko nahi."

After voting I was just wondering is it true democracy. The answer was no. What I want in democracy is not what I am getting today. The questions to my mind are some amazing questions of which I also do not know the answer.

A candidate who wins gets not even 50% of the votes which have not been exercised. That is a candidate who wins gets say 30% of vote casted whereas the polling is just 48%. So in all he represents only 14.4% of the population, which makes a candidate to polarise and divide the voters on differnt lines of caste/class/language/religion etc.

If say 25% feel that these candidates are not fit then also one of the unfit ones win. Why not have a scheme where by I can cast negative vote, that is I reject all these candidates and if the winning candidate does not get more votes than negative votes then he is not the winner and all the candidates be disqualified from fighting elections for next 10 years. This will compel parties to see that the candidate work for more and more masses.

Also I feel that if a candidate does not represent even 25% of the total voters then also he has no right to represent the mases of that constituency.

Further those employed outside the constituency must be given a right to vote in next 10 days. That is if I am not able to cast my vote, then in next 10 days I can go to the office of election commissioner( only one in entire Mumbai) and cast my vote. No one will mind if the said person is put to the cost of say Rs.200.00 in case the vote is casted latter. This saves people who are outside the constituency.

I am pretty sure that if this is implemented, we will have a crisis of leadership and elected persons, but then each crisis brings new opportunities and discovery is only done in crisis. I am sure this will stop the division of the masses into classes. I am sure we will be able to say goodbye to the British formula of divide and rule.

Siddharth Murarka

Note : I have no objection if someone prints my view or puts it up to the nation or the legislature.

what is corruption?

Corruption - the word we use day in and day out. we talk of corrpution by politians, corruptions by police, bureaucrats and now we even talk of corruption in judiciary and judicial accountability. Well, in my day time I must be using or hearing the word several times more than any other word.

I was just thinking what this word " corruption" means and I asked my friends as to what they understood by the word " corruption". The most common answer was that if someone takes money and does a work, which he is duty bound to do even when we do not pay him, then that is called corruption.

Well I defer on this point. Well my view is a rather broad one. Corruption means when a person does not do a work which in law or as per rules he is bound to do then the said person can be corrupt. This means that if I am bound to patrol a street as a police officer but do not do the work and sits ideal or does a not so important work in the police station then I am corrupt. I extend it further, if a person who is bound to finish his work in a particular manner does not do the work within that limited time for no reasonable cause then the person is corrupt. If a person knows that his work which he is doing will result in harrassment to another person and still does the work in that particular fashion then it means that person doing the work is corrupt.

I give a simple example, If I am a police officer and I am given the power to arrest Mr. X after investigation and what I do is I on my own, upon the basis of my feeling or information provided by the vested interest make a report in such a manner that it means that Mr. X needs to be arrested and arrest Mr. X then even if I have not got any favours or any monies I am liable for being held guilty for corruption.

This will really put a tight spot on Administration, Police, Government and even judiciary as then who is to be said to be non corrupt.....

siddharth murarka