Wednesday, November 4, 2009

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........

Monday, November 2, 2009

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

Sunday, November 1, 2009

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