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".