Friday, August 31, 2012
Saturday, August 25, 2012
Friday, August 24, 2012
JUDICIARY HAS BECOME ENEMY FOR IMPARTING JUSTICE, AS LAW UNDER GANDHI NEHRU DYNASTY INDIAN INDEPENDENCE ACT, 1947 IS ANTI HINDUS
Jurisdiction of court is like that of
constructor of a building which has either perfection or many defects. The
final word of posterity is dependent upon the skill and calibre of builder who
may heartily desire to build up it like expert builders with architectonic
virtues to amend or/and add some material both by method and uniformity and if
the structure itself does not found ventilation for the want of windows and
lake of sufficient light or other deficiency in the architecture, whatsoever,
then to demolish the existing structure, only than we may blessed the amending
hand as if the trumpet idea gives an uncertain sound who shall prepare himself
to the battle? The jurisdiction of the court is founded on the basis of three
factors; one to enforce the uniform applicability of law, irrespective of the
fact, who is before it by the litigant. Second is pertaining to maintain
uniformity in imparting the justice, as the law may not be swept away by mere
ideological, sentimental and psychological retardation in interpreting the
statutory provision. Thirdly, in order to get the equity and justice pertaining
to the factual matrix closer to the rigmarole of the technicalities of the law
and to take justice at the doorstep of law. Likewise justice should speak by tongue, word
easy to understood, otherwise how a common man will understand and know what is
spoken, if the justice shall be spoken into the air? There should not be such
short sentences as we may forget the use of verbs which may reconcile the idea
into action. There is an inbound difficult situation faced by the lawyers on
account of the competition and the restrictions imposed debarring him to
perform any business may further need for stagnation of the earning of a
lawyer. This may result in the financial crisis affecting the family members
and as such the litigants are commonly deceived by these problem ridden lawyers
in generating false hopes. The Government has yet not generated a policy of
providing legal assistance to the litigant. The
medical facility and facilities for transportations are provided to the
citizens from the hospital and the bus stand respectively, by the Government ,
but the litigant craving for the indulgence of the justice from the court of
law is seldom getting the means to travel up to the door of the court. A system has to be evolved
to provide cheaper legal opinion and simplifier system of the pleading to get
the relief.In the last 62 years, the judiciary has only provided the tedious exercise
to the litigant. The case filed before the court of law slowly travel on the
basis of its pleading and framing of the issues for adjudication by the trial
court. The appellate jurisdiction cannot even substitute the correct findings
by replacement of the wrong approach as the discretion exercised by the trial
court cannot be substituted by another discretionary orders as the jurisdiction of the appellate
court is to reverse the finding and to sent the case back by remanding the
matter to the trial court again till a perverse approach may not be adopted by
the trial court, It has been seen that the appellate court is rapidly indulging
into the illegal approach by substituting his own discretion and thereby
arriving to conclusion. Why the trial court is not accountable in case of the
pronouncement of the wrong judgement? Why the appellate court may not seek the
opinion of the High Court and Supreme Court on the substantial question of law
by sending through referendum and the ultimate judgement is pronounced by the
appellate court. The functioning of the trial court may also be simplified by
indulging in the dispute from the realistic attitude, instead of believing and
relying upon the false testimony and manufactured evidence. More the procedure
of the court of law may become simplifier and Speediest with expediency
regarding the disposal of the case and the decision imparted is within a very
short period, the confidence of the people may be reposed in the judiciary.
There is no need to have the experiment conducted upon the cause of the litigation
for the betterment of the law, but to impart the justice within few days and
the finality is attributed upon it. In the matter of a suit of specific
performance, declaration of the title and the property right with perpetual
injection, if it is ultimate found that the party filling the suit has no
substance for claiming their right, a heavy compensation in the form of damages
may be imposed upon him. Similarly the concept of the plea bargaining with that
of the effective role of the investigation agencies may be given to find out
the substance of accusations and the innocence may be proved in the criminal
trail by shifting the burden upon the accused. In case of false allegation
labelled against the innocent citizen, the similar punishment and the sentence
of the conviction be imposed upon the informant/companion. The victim may be
compensated by the appropriate compensation through the state government. The
aggressor must be identified for the punishment not the individual providing
resistance.
“The play is done : the curtain drops slow
falling to the prompter’s bell. A moment yet the actor stops and looks around,
to say farewell. The approving audience gives him cheer. He bows to them and
says his say. Yet down his cheek there falls a tear from him. This is the
ending of his days.” Time is three dimensional picture; having a past memory
and future expectation with the present identification. Every expectation is
not anticipation, nor may they generate good sense among citizens. Thus, the
aspirations of an individual may result in attracting the inhibition of a
desire for betterment of the relief sought from the court of Justice but in
case of disappointment, it may lead to the frustration and anger generated by a
citizen over the functioning of the judiciary. In this manner, the command of
the sovereignty vested within the ambit of the court of law is least respected.
People have started believing in demonstrating their horoscopes to the pundits
before entering inside the court of law. They are frustrated with the extended
dates and their financial constraint to pay the expenses are mostly the cause
for studying horoscopes, reading palm and numerological effect by the name to
choose their date for indulging their lawyers in the process of argument. A
peculiar situation has been emerged into the process that the legal profession
is considered to be the process of the gamble and the proxy and the broker. The
legal profession, which was reputed as the noble profession for imparting the
justice to the people engaging them has become a business and rather a
trademark with unpredicted outcome. There has been the street fast inflation
and monstrous hiking in the purchase of the articles of the daily use and the
escalation in the value of the property and as such the hike in the fees of an
advocate is the further problem generated amongst the litigants.
Fragrances are more hypnotic , music more
inspiring , food tastes better and the sense of touch is more intense. This is
all because of human Aura, which is extending an outlining the head and body
through spiritual cult in the form of
twinkle blue, pale or gold and glitters through etheric world. The physical
vision is usually peripheral with the third eye located as pineal gland. This
is known as holo, which passes through legend, but gradually earthlings have
lost the ability to see the Aura, the etheric or a holo except the few person,
who have retain the gift in their present incarnation. This is of vital
importance to the individual’s health, happiness and spiritual involvement. The
esortic wisdom begins with the understanding of real existence. You can be able
to see the etheric or human Aura and then your subconscious will pack up the
message for uplifting you to the higher self by using the crowded elevator.
This overlapping and mixing of etheric self with crowded elevator creates
tension and uneasiness except few extravagant personality. Every person in the
world need a space. There are electromagnetic charged atmosphere, which may be
washed out by taking a bath through shower. As those magnetic pits which may be
picked up from others be washed off. Some of the animals have better sense of
understanding the effect of Aura, etheric and spiritual carving of individual
through there perceptions.
Adversaries are the touchstone of brave mind. The spiritual way of living
may only be adopted by taking the course of its learning which the individual
may incline, when he will proceed further to learn in this regard. Since the
necessity is the mother of invention as such without having any need for
learning, one may not advance through this process, except in adverse
circumstances. It is rightly being said that the bearer of the shoe knows as to
where it pinches to such individual. Let us start with physiology of human body
which has the respiratory organ for
breathing of the air. It provides the survival of the cells of the brain and the rest of the
body is provided the air for nutrition and energy. The deep breathing indulges
the individual through passing off the channel from the nostrils and comes in
the contact the thin layer over brain where the fluid is filled up and is
connected with spinal cord at its base. The “Kundanlini” in the individual
contains the fluid which is sucked through suction force to the cells of the
brain. In this process the potential to one’s perceptions in respect of his
retention power inside the brain may directly be attributed to the individuals
memory. This gives a personality cult of an individual to make the further
advancement in life. In absence of such atmosphere, one may feel despotic
isolation and thereby the stagnation to the process of evaluation may
ultimately ruin the future prospective for progress. In getting this sacrosanct
proceedings as the protection of the rightful claim be justified through the
remedial measurement, ostensibly by adopting the processual implications
involved in the court. Thus, the pronouncement of the verdict from inside the
court of law is not merely on the perceptual logical interpretations of the
statute but also for adopting the procedural law. Thus, the participation of
the lawyer in summarizing the foundation of the claim and to cope up the
aforesaid factual dispute for redressed of the grievances against the
oppression is required to be done with a demonstrational justification. Seldom
in this process of factual adjudication, is the substance of the justice being
imparted transgressed into the misnomer? In this manner, the litigant’s
interest which is considered as paramount is not given to them. This
phenomenon, that justice should not only be done but appear to have been done,
may lead the deceptiveness of the argument and the pleading in the process of
litigation is ending in the naught by crucifying the element of the truth.
The mind is the
master of senses and the breathe is the master of mind. The mind cannot be
restrained without restraining the breathe. Mental activities keeps pace and
respiration. Thus the consultation is regarded to be the best source for all
sort of management of human affairs. This may be in numerable form of
philosophy. The philosophy of argument
and the philosophy of the rule which capture the intellect in there nets and
led it away from the true knowledge. The physical control is merely a
preparation for mental control. When the mind is calm down, It is indeed the
process of becoming one with reality begin. Only few dies of suffocation but
rest of the death are caused as such person has not been breathing enough from
years. Let us examine the existence of these principles which are necessary for
the protection of the society in which the judicial discipline is the source of
inspiration for protecting the fellow existence. The Hindu mythology also based
on the principle of separation of power. There are the different duties and
role assigned to the omnipotent powers in the universe. Lord Brahama is
considered to be the creator of animal existence and other human being in this
world while the Lord Vishnu is considered to be considered to be the protector
of the living creator while Lord Shiva is maintaining an equilibrium by
imposing the appropriate punishment as to maintain the esteem of administration
of justice. There is not even an absolute power vested with the God itself
according to our Hindu mythology. Thus the concept of legislation, executive
and judicial power is embodied with separation of power.
The
religious virtues are marked with ten characteristics viz. patience,
forgiveness, self denial, honesty, purity, mastery over senses, sensibility,
knowledge, veracity, and cheerfulness. The individual has not given an absolute
power and likewise the universe protects the existence of other fellow being to
be ruined by the stronger as the lion and other carnivores animals may not
destroy every healthy and vigorous animals. Thus the individual having the
absolute power of government may not be allowed to rule the nation. The ruling
body of the people may not be vested with the absolute power nor the person
embodied with such power should be allowed to delegate it to some other person
otherwise the fate of the nation will be identical to the fate what we have
visualised by giving the power of management to the British East India Company
who had subsequently captured the full
command over the nation. The mutiny became the turning point for justifying the
rule by the British domination, as the nation was subsequently came under the
control and sovereignty of the British Empire.The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice.
The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country.
The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence.
The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen.
There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation.
Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery.
There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.”
“ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”
“ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”
“ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefore no man should ever destroy justice.”
“ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.”
Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.
COURT NO. 34
CIVIL MISC. WRIT PETITION NO. 36818 OF 2004
Institute of
Rewriting Indian History & Anr.
------------------------Petitioner
Versus
Union of
India & Ors. ---------------------------------------------Respondents
Hon’ble Dr.
B.S. Chauhan, J.
Hon’ble
Dilip Gupta, J.
(By The
Court)
This Writ petition has been filed as a
Public Interest Litigation seeking the
relief of declaration in the nature of mandamus for notifying that Taj Mahal was not built by Shahjahan;
remove all the notices displayed by the Archeological Survey of India showing
Taj Mahal premises crediting Shahjahan as its creator and further desist from
writing /publishing/proclaiming/ propagating and teaching about Shahjahan being
the Author of Taj Mahal and stop and discontinue the free entry in Taj Mahal
premises on Friday in the week. A further direction has been sought that the
authorities be further directed to open the locks of upper and lower portions
of the four- storied building of Taj Mahal having number of rooms; to remove
the bricked up walls built later blocking such rooms therein; and further to
bring out the idols and inscriptions hidden in the Taj Mahal by Shahjahan ‘s
order and declare the same as a Hindu
Temple.
We have heard Shri Y. K. Saxena, learned Counsel for the
petitioner at leangth and Sri K.C. Sinha, learned Counsel appearing for the
respondents and have perused the averment made in the petition as well as
supplementary affidavit.
Shri Saxena, learned
Counsel appearing for the petitioners has vehemently submitted that originally,
there was a Hindu Temple over which by raising superstructures, the Taj Mahal
was built by Shahjahan . Thus , in fact, a Hindu temple was converted into a
“Majar”. In support of his contention, he has taken us through literature,
mainly, written by Shri P. N. Oak and
the same include” The Greatest Historical discovery of Modern Times- The Taj
Mahal is a Temple Palace” published by Hindi Sahitya Sadan, 2003 Edition, “ Taj Mahal – Tejo
–Mahalaya Shiva Mandir Hai” 1998 Edition, published by the same publisher;
Fatehpur seekri Ek Hindu Nagar”, Agra Ka Lal Kila Hindu Bhawan Hai” in Hindi
1998 Edition;, “ Some Blunders of Indian
Historical Research” 2003 Edition; Thatta Islamic Architecture” Written by
Professor Ahmad Hasa Dani, Professor, Emerritus Quaid- I – Azam University,
Islamabad, published by Institute of Islamic History. Culture & Civilization,
Islamabad, Pakistan, ‘Manu Smirit’, and on the basis of the same, he tried to
convince us that us is entitled for the aforesaid relief.
On the other hand, Shri K.C.
Sinha, leaned counsel appearing for the respondents submitted that the petition
raises disputed questions of facts; it is neither desirable nor feasible to
decide the factual controversy in writ jurisdiction and the petition can not be
said to be in Public Interest. He, therefore, submitted that the petition
should not be entertained and should be dismissed.
We have considered the rival
submissions made by the learned Counsel for the parties and gone through the
voluminous literature submitted by Shri Saxena.
We are , however of the considered
opinion that petition raises disputed question of facts, which can not be
adjudicated upon in a Writ Jurisdiction. We therefore declined to entertain this petition and dismissed it with the
liberty to the petitioner to approach the appropriate forum, if so advised.
21. 02.
2005 Sd.
Dr. B. S. Chauhan J.
Sd. Dilip Gupta, J.
AHA
IN THE HIGH COURT OF
JUDICATURE AT ALLAHBAD
BENCH AT LUCKNOW
CIVIL MISC. WRIT
PETITION NO. 2809 OF 2006.
(Under Article 226 of
the Constitution of India)
District : Raibareilly
Ravi Kant Khare, (Baba Ji) S/o Sri Rama Kant Khare,
Journalist/Writer/Publisher and President of Sarva Hitkari Seva Sansthan (unfegistered Society of elite
citizens, scholars, Advocates and Sriters), R/o D. S. – 13, Nirala Nagar,
Lucknow – 226 020.
………. Ptitioner.
Versus
1. Union of India through its Secretary
of Human Resources Ministry Govt. of India, New Delhi.
2. Election Commission of India, through
chairman, Election Commission of India, New Delhi.
3. State Election Commission, Uttar
Pradesh, Lucknow.
4. Smt. Sonia Gandhi alis Sania Malno of
Turin, Italy W/o Late Sri Rajiv Roberto “Gandhi” President of National Congress
Party, 10, Jan Path, New Delhi.
Hon’ble Jagdish Bhalla, J
Hon’ble B. B. Agarwal, J
Heard Sri Awadhesh Kumar learned counsel
for the petitioner and Sri Siddharth Dhaon, learned counsel for the
respondents.
There is a race to come in limelight by
short cuts method and the present petition is one such example. Bye-election of
parliamentary seat at Rai Bareli is
almost at a fag end today. However, at this stage the petitioner has filed
a writ petition challenging the nomination of opposite party no. 4 for
contesting the election of Rai Bareli
parliamentary seat. The petitioner has
sought a writ in the nature of mandamus directing the respondent no. 2 to
decide the matter relating to the disqualification of respondent no. 4
pertaining to her adherence and allegiance to the foreign State, namely, Italy.
He had also prayed that Union of India be directed to produce the books namely
“The Nehru Dynasty” written by Sri K. N. Rao, Reminiscences of “Nehru Age”
written by his long time Private Secretary, Sri M. O. Mathai and the book
written by his long time Private secretary, Sri M. O. Mathai and the book
written by Sri Mohammad Yunus “Persons, Passion and Politics” for the perusal
of the court to confirm the authenticity of the Article (Annexure no. 4 to the
writ petition) published by the Hindu Writer’s Forum.
Not only it is a belated petition but the
prayer no. 3 has got no relevance with the two others prayers sought for in the
writ petition. The subject matter of the present petition is the bye-election
of Raibareli Parliamentary seat where the voting has started today in the
morning,
We would like to observe that under Article
329 (b) of the Constitution of India there is a specific prohibition against
any challenge to an election either to the Houses of Parliament or to the
Houses of Legislature of the State except by an election petition presented to
such authority and in such manner as may
be provided for in a law made by the appropriate legislature . The
Parliament has by enacting the Representation of the People Act, 1951 provided
for such a forum for questioning such elections hence, under Article 329 (b) no
other than such forum constituted under the R. P. Act can entertain a complaint
against any election.
In N. P. Ponuswami Versus Returning Officer
Namakkal constituency, Namakkal and others [AIR 1952 (39) SC 64] (supra) the
Hon’ble Surpreme Court held as under :-
“The law of elections in India does not
contemplate that there should be two attacks on matters connected with election
proceedings, one which they are going on by invoking the extraordinary
jurisdiction of the High Court under Article 226 of the Constitution (the
ordinary jurisdiction of the Courts having been expressly excluded)” and
another after they have been completed by means of an election petition.”
The above view has been relied with
approval by the subsequent judgement in M. S. Gill and another us. The Chief
Election Commissioner [1978(1) SCC 405]. In Election Commission of India vs.
Shivaji; AIR 1998 SC 61 the Hon’ble Supreme Court while considering a challenge
to the election notifications while following
the judgment in Ponnuswami’s case held that even if there was any ground
relating to the non-compliance with the provisions of the act and constitution
on which the validity of any election process could be question, the person
interested in questioning the election has to wait till the election is over
and institute a petition in accordance with Section 81 of the act calling in
question the election of the successful
candidate.
We may add that the question of citizenship
of respondent no. 4 was also raised in Election Petition No. 1 of 1999; Hari
Shanker Jain Vs. Smt. Sonia Gandhi but the same was dismissed by this Court
vide judgment and order dated 20th
May, 2000.
In view of the above proposition of law,
the writ petition is hereby dismissed.
Though the parameters of public interest litigation
have been settled by the Hon’ble Supreme Court in catena of cases even then the
courts are flooded with a large number of so-called public interest litigations
wasting valuable judicial time, which could be otherwise utilized for disposal
of genuine cases.
It is a fit case in which we would have
imposed exemplary cost but taking note of the fact that the petitioner has
become “Babaji” we are not imposing any cost.
08.05.2006
Irfan s.d./ Jagdish Bhalla, J
S.d/ B.
B. Agarwal, J
“Here is not to make reply;
Here is not to reason why;
Here is only do and die.”
In my childhood, my teacher taught it to me in the classroom that “What ever you do; Do with your might; that is the way to be healthy, wealthy, and wise”. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that “Thou thy path be dark as sky; There is a star thy path to guide, So trust in god and do the right “.
By the gradual process of up and downs in my life, I could have been able to learn through my experiences that what we may be able to get through the grace of god are not the scattered love, nor the success and wealth but the knowledge. Thus I have started worshipping the almighty with the following prayer. “O, gods to thee I pray, increase my knowledge day by day”. It is only now after attending the respect amongst the members of the Bar and Bench that I have started thinking that all these notions in my life are based on the correct foundations. This is my firm determination that what ever I may be able to achieve in my life that will be dependent on the out come of my efforts on these guidelines and none else. Notwithstanding, there are the fluctuations in the formation of these notions, which provides me a sense of mental agony, frustration and disappointments in life. There is the profound bleeding at my heart on the psychologically region which seldom gives me an effect of chafing of the wound before it can be healed. This is the painful reminder of the lost empire, which was built on solid foundation. It is gradually obliterating.
The just and social duty is cast upon the legal profession. This is possible by the conduct and action of the people associated with legal profession by obliterating the inequalities as uneducated and exploited mass of the people may get a helping hand. What is legally due is to serve the duty and it is not worthwhile for an Advocate to become the spokesman of the litigant irrespective of the fact whether his cause is meant for sponsoring the justice to the society at large. The conduct anticipated in this manner is befitting from his status by upholding the high and honorable profession. There are the high expectations from the advocate, which is fair, reasonable and according to law.
There is the gradual decay of the above noted
standard and the participation in the legal process, which should have been
conducted completely flawlessly, and foolproof, they are picking out the lapses
by expressing unsavory criticism. The consistency is now been considered as no
virtue and the obligation of judicial conscience, which was meant to correct
the error is manifesting like uncontrolled epidemic. This is the reason why the
legal profession is not been accepted as a noble profession.
The proceedings are dependent upon the remedies
available under the law. Every act of
statutory body that must have been exercised by keeping the purpose and
objective meant for enshrines the statutory power. The authority should have
been exercised by keeping the object of such power that is meant by the statute
and not with other extraneous consideration, otherwise the fraud will be
perpetuated and the faith and belief shall not be subjected to any judicial
scrutiny. Thus an accountability is must
whenever as wrong is corrected. Some time in such matter of adjudicating
without any valid cause, the court unwittingly becomes party to the miscarriage
of justice. The judiciary is an ultimate
interpreter of the constitution, which is assigned with a duty of the delicate
task ensuring that the action of the authorities vested with the statutory
power may not breach or transgress its limit.
It is distressing that an unscrupulous litigant in
order to circumvent the due administration of justice of the court seldom found
by adopting a dubious recourse of ingenious methods. These includes the filing
of fraudulent litigation to defeat the right of the other person and such
tendency deserves to be curbed out by passing the appropriate orders to provide
a check upon such unhealthy practice and also by issuing necessary directions
including imposition of exemplary cost. This is required for strengthening the
belief of the common man in the institution of the judiciary. Creation of such faith may result in reaching
the excellence in the profession.
Unique manifestation
Thy eyes are reflected;
In praise of greatness;
With unique manifestation;
The song of scripture;
Which sing by celestial;
And also by terrestrial;
By every human being;
To fathom the mystery;
But just to describe it;
Must first be nectar thy;
THE PURPOSE OF LAW?
In such circumstances, judiciary which is enshrined
with a power of judicial accountability has proven to be of significant use for
the implementation of the provision of law.
If the accountability of the administrative authority are given to
judicial officers, there are every possibility of mis- utilization of the
judicial power. Thus a system is
required to be evolved in which the erring official dealing with quashi-judicial
powers may be made accountable for the abuse of discretionary power by the
enforceability of the verdict preannounce by the court of law and if it is
found that the decision is vitiated on account of colourable exercise of power,
the disciplinary action may be recommended against such officer by the superior
authority. In such circumstances, there
is again a possibility of making an abuse of the power conferred with the
judicial authority. Thus in order to
make a respectable balance by check and powers, the guidelines are given by the
constitutional courts.
That the subordinate judiciary is recommended by the
nomenclatures of the judicial officers, presiding officer prescribed authority
and judges but by the same time the judges of the High Court and Supreme Court
are represented as the justices. This
has been done purposely in order to provide a harmonious infiltration of the
legal provision with the justifiability of the circumstances in according with
equitable jurisdiction conferred upon the constitutional courts. However by the efflux of time, the apex court
has experienced the power conferred upon the Hon’ble justices of the High Court
for fixing accountability is not in public interest and rather there are
possibility of misusing the judicial power.
Thus the judicial institution have also faced the similar difficulty
what the administration was facing in dealing with the unsocial elements in the
society.
This is virtually a paradox of the situation that
every pillar of the judicial verdict is founded on the basis of the public
opinion and once the public may start losing its trust in the system, no one
can save the judicial institution from further deterioration and ultimately it
is bound to collapse by its own weight. This is the high time for revival of
the reputation of the judicial institution by having a new era of the set-up
with the changing circumstances of the social coordination. The law and justice may not be allowed to
become in mute spectator.
There is an alarming situation in dealing with the
law and order by the administration. The
old ideology that right is might, is prevalent in the present
circumstances. It is an irony of the
circumstances that in the proceeding for keeping peace and good behavior by the
public and also in respect of a dispute likely to cause the breach of peace,
the title of the immovable property is seldom taken into consideration by the
Magistrate but the paramount consideration is given for the determination of
the possession. This power is seldom
misused by the person having predominating muscle power for his assistance to
usurp the property of the innocent citizens but the law remain silent spectator
of the situation in which the actual owner is deprived of his valuable property
right by the stronger person. Thus there
is a requirement for having some spontaneous changes in the provision dealing
with the situation regarding apprehension of breech of a peace by the
Magistrate. Now coming to the other side
of the picture, the law has been formulated in order to put a restrictions on
the power of the Magistrate to decide the factotum of the title but the power
has been deled with determination of right by the court of civil
jurisdiction. This is a hobson’s
choice. There is a counter productivity
in every exercise of power and as such the law has tried to make a check and
balance. The practical approach is
neither in demoralizing the innocent public from the external aggression
of the unsociable element through the production
of legal provision and the interpretation thereof but to dealt with the
circumstances as actual justice may be imparted in favour of the genuine
person. The matter has been left over to
the Hon’ble court of the judicial hierarchy to provide a bonfide use of the
power in dealing with the circumstances of the case. The mere infraction of the provision of law
may not be sufficient for envoking the jurisdiction of the constitutional
court, but an endeveour is required to be seen as to whether the technicalities
of the legal provision are not creating a bar to provide substantial justice to
affected person in respect of the enforceability of his legal right.
The proceedings of the mutation meant for recording
the name of an individual for realization of the revenue by the government and
as such the same are considered as the summary proceedings. This is a matter of astonishment that the
immovable property may be recorded in the name of stranger other than the owner
but the law may not provide any assistance to the actual owner. The remedy to the true owner is by way of
filling a suit of declaration or injunction as the case may be but the revenue courts dealing
with the power of recording the name of the tenure holder are not empowered to
look into the title and there by to decide the rights in respect of recording
the name on the basis of title. Thus in
case of transaction of the property usually made after due verification of the
person recorded in revenue record or before records maintain by the municipal
board but in case if the title is not vested with the person executing the sale
deed than the true owner has to file a civil suit for taking the possession
back from the person in whose favour the land or the property has been disposed
of by the pretender/ rank usurper.
The land is acquired and the person recorded as the
tenure holder may be entitled to get the compensation. The money in lieu of the value of the land is
deposited in the name of the person in whose favour the land was directed to be
recorded in the mutation proceedings.
The only recourse open to innocent owner for realization of the money of
compensation is by filling a suit of declaration for entitlement of such amount
of compensation from the person in whose favour the land acquisition authority
have handed over the money. This is very
strange situation to an individual having the actual ownership and the title in
the said property.
The law of adverse possession is further having a
disastrous implication to the rights of the actual owner who is occupied in
respect of his job or limitation dealing
with the responsibility of a professional and the service class by
deprivation and rather the surrender of their property rights. This is again leading to the unwanted
litigation to the innocent citizens.
However the law of adverse possession is still being respected by the
protector of the law enforcement agencies meant with the power of maintaining
the tranquillity in the public administration.
This is unnecessary a dragging of the actual owner to the unwanted
litigation.
A person walking on foot as pedestrian or riding
through the cycle is hit by a vehicle driven rashly and negligently, then the
compensation may be given to the dependent of the diseased. However, somebody intentionally commit the
murder of such person by the hit of the same vehicle intentionally to kill him,
then no compensation is awardable under motor-vehicle Act. There are the cases of custodian death and
the pre-planned murder but no compensation is awarded by the State Government
to the dependent of the diseased. On the
other hand the criminal case triable by the court of session or even before the
Magistrate may be withdrawn unilaterally under the provision of section 321
Cr.P.C. This is very strange that in
case of intentional killing there is no responsibility upon the invader of the
law by a criminal but in case of accident the liability for payment of
compensation is attributed upon the owner of the vehicle. The insurance company may be assigned with
vicarious liability but there is no safeguard provided to a citizen from
murder. Thus the concept of sovereignty
as dependent upon the maxim of saying that the interest of the society is a
paramount consideration of the law is completely absent in the present
atmosphere of our country.
The Chapter III of the constitution of India is
dealing with the fundamental duty of the State Government except certain
individual rights conferred under ‘Article 19 of the constitution and
collective right of conscience, faith and religion under Article 25 of the
constitution of India. Although the
violation of any such fundamental duty of the citizen may give them a power to
file a writ petition under Article 32 and Article 226 of the constitution of
India, but whether the law has made any accountability with such authority who
is indulged for bypassing the law. Thus
everywhere against the arbitrary, discretionary, whimsical action of the officer dealing with the State
responsibility, the option open to an innocent citizen is to resort the
protection of law by filling the suit, writ petitions and other
representation as the case may be. The concept of the sovereinity vested with
the State is not so wider as to drag the innocent citizen unnecessarily for the
infringement of their valuable rights and a there is a reciprocal obligation
upon the State to fix the responsibility of their officers if there are
violation of the principle of equitable justice and the provision of law. It is very strange that if an officer is
guilty of committing any subordination to higher authority, he may be punished
by the appointing authority in the disciplinary proceedings but there is no
punishment for violating the law against such officer. Thus in India here is no Rule of Law but the
Rule of Leizure-feir, privilege orientation an the ruthless power conferred to
the politician, bureaucratic and also to the criminals . The criminal laws are explicit for the
purposes of demonstrating the bonafide of law enforcement agencies. The principle of reformation of the criminal
is of no resort to check the client. There should be a fear in the mind of the
invader of the crime not to repeat the similar act as the consequences are much
severe then the benefit for commission of the crime. The victim of the crime is innocent person
and as such the revenge from the accused person by the victim or the dependent
of the victim, even though it may be wicked, it is of natural
consequences. We can not shut our eyes
on the reality of this aspect of the picture.
The purpose of law is to provide substantive protection to the society
and the social justice within empowerment of the remedy to the people at
large. Let us examine the legal history
for getting the answer of these melodies.
The enacted statutes are derived from the mass of
custom and traditions. The judge made
maxims are known as common law. The
other set Rules of consists of convention, understanding habbit, practice and
culture which are regulated by the conduct of several factors accumulated in nature of human being
in associations with sovereign powers.
Initially the British Authority in India was established through East
India Company which got charter on 31st December 1600 from Queen
Elizabeth. The company was initially
empowered to formulate the reasonable laws and also to execute them to punish
those criminals who violet them. However
the victory of Lord Clive in the battle of Plasi in 1757 laid down the
foundation of the British Empire. Thus
the year of 1765 makes a turning point in Anglo-Indian history which may be
treated as commencing the period of territorial sovereignty by the East India
company. The regulating act set up by
the government of Bengal consisting of a governor-general and four other
councilors in whose power the whole civil and military government of presidency
of Bengal and also the government of territorial accusition and revenue in the
kingdom of Bengal, Orissa was the beginning of the British Rule in India. The presidency and concil of Bombay and
Madras were subordinate to the Governor-general and the councils of Bengal
which was considered to be the supreme government. Although the civil jurisdictions of the court
was extended to all the British subjects in the three provinces but the
employees of the company were sued in Bengal to Governor-general and its
council were empowered to enact the rules, ordinances and regulations for
maintaining the good order but simultaneously and gradually after achieving the
absolute power, they have also started
misusing their powers for enactment of law.
Although in the act of settlement of 1781, many changes were made in
regulating the law and order situation the exemptions granted to the public
servant from being protected in respect of their action in due discharge of his
duty is still recognized after gaining the independence from the system of
tyranny and invasion of the British Empire.
We have to get a retrospection’s on such custom and tradition after
independence.
The accused person named in the F.I.R has no right
to challenge the lodging of the report in the police station. There is no anticipatory bail granted to an
accused person in State of U.P. In
absence of the defence amenable to innocent person against the false concoction
in a crime may lead to an irreparable loss to the reputation of a citizen. The law recognizes the right of hearing even
in certain administrative actions affecting the privilege of an individual and
are having civil consequences. There is
a thin line of demarcation between the
administrative and quasi-judicial action and in such case arising of summary
proceedings, the opportunity of being heard is provided but an innocent person
falsely implicated in an artificial crime may not be permissible to take the
defense of being an alibi at the time of commission of the said crime. The maxim “Falsus in uno ; falsus in
omnibus”. Despite knowing this fact that
the police is corrupt in our nation on account of hierarchy of the beurocrates
ruling upon them, no protection has been given to an innocent person against
the atrocities committed by the ruthless administration of criminal justice by
the so called guardian and protector of the public at large.
There are the precedents of overruling the previous
law after interpretation of the provision contain therein. The decision of the Supreme court is having a
binding effect but even the legislation has got
the power to over-rule the said precedent. Sometime on account of various consideration
and the ideology of an individual judge assigned with the responsibility for
having an interpretation to the provisions of law, may be swept away by the
impulsive arguments for declaring
ratio-descend which is alter after the efflux
of time and during the intervening period number of the cases are decided
on the wrong judgement having the foundation of incorrect notions leading to
miseries of number of the litigated but the system has yet not been evolved to
provide a check and balance by the judicial system. Here are the instances of formulation of the
larger bench not only in case of the conflict of the decision but by the gradual
advancement of the general law in respect of its enforceability in a particular
situation. The case of Sampat Kumar was
overruled in L. Chandra kumar case after a gap of about ten years leading to a
situation that this period the basic feature of the constitution of India
empowering and individual for approaching the Hon'ble High Court for
challenging the judgement of C.A.T remained unassailable by the poor litigants
serving before the Central Government.
The substantial question of law and formulation
thereof is a further dimension for imposing the restrictions upon the power of
second appeal before the High Court. It
is seldom found that in concurrent finding, there is substantial injustice
suffered by the litigant. The judgement
is not vitiated on the legal issues but such issues are dealt with contrary to
the pleading on record. Thus when there
is a malafide intention of the subordinate court to dealt with the issue
involved in a civil case, it is very difficult to get the substantial justice. It is said that fraud and justice do not
dwell together as fraud neither defend nor create any right. In such a situation, the justice is far away from the approach of the poor litigant
who has come forward for the protection of his right before the court of
law. There are so many obstacle in the
process wherein even if it is found that there is the infraction of valuable
rights conferred upon a citizen but in absence of the remedy due to the
rigmarole of technicalities of limitation, an other procedural justice, he is helpless to get the enforcement of such
rights from the court of law. There
should be a system in which one may espouse his cause by laying the security to
certain extent for adjudication of his cause.
The maxim that if there is a right, there should be a remedy for the
enforcement of such right through the process of law may be made applicable in
such circumstances.
That a poor person is dying through starvation and
also on account of inadequate medical facility which are inherent rights
conferred to a citizen under Article 21 of the constitution of India by
implication. On the other hand, a
criminal under preventive detention is provided every sort of the luxury on the
cost of the public while he is confined in jail for violating the law. If the government is incapable to provide the
minimum guarantee of food and shelter and also to the employment to a qualified
citizen in service, there is no justification, which may permit the State
Government to invest exorbitant expenditure for maintaining the criminal
through such protection. Thus an
existing structure of the society is based on the orientation of such policy
which are artificial for demonstration but such policy are not meant for the
protection of the citizen.
The State Government is seldom found for
promulgation of the ordinance to defeat the right of the public protected
through the verdict of the court of law.
There are the instances of accumulation of the disproportionate assets
with the officer empowered to issue the permit, licenses and quota while having
the distribution of the restricted/ essential commodity. The moment, the citizen is not amenable to
grease the palm by illegal gratification to the officers assigned with the responsibility
of distributing the permit/ licenses and
And thereafter if per chance, verdict of the court
is delivered in his favour then the ordinance is issued by the respective
secretary in the state government just to defeat a crystal clear right in the
favour of the innocent citizen. There is
nexus between the politician and bureaucrats for the distribution of the
disproportionate assets amongst themselves without having any proper vigilance
over
such pathetic situation prevalent in the country
after the independence.
The public good is above the consideration of the
individual rights. There is a delicate
balance between the rights and duties and the fundamental right are only
enforceable to the extent that they may not effect the society leading to public
inconvenience . In the recent case the
dimension of administrative or quasi-judicial functions were transcribed in
respect of the dimension given to Article 14 and 19(2) to 19(6) of the constitution of India. (Consumer
Action Group v State of Tamil Nadu 2000 S.C.C (7) 425.) There is also are gradual relaxation of the rigour of the rule
of natural justice in Aligarh Muslim University v Mansoor Ali Khan 2000 S.C.C
(7) 529.
That the Hon’ble Supreme Court has provided a
dimension to the different articles in order to provide a guidelines for
effective administration of justice. It
has been held that no religion prescribes that the prayer are required to be
perform through voice amplifier or beating of the drum and use of microphone
for the purposes of attending the religious ceremonies has been prohibited in
Church of God (Full Gospel) in India v K.K.R Majestic 2000 S.C.C (7) 282. Thus despite the mandate by issuing the writ
of mandamus by the Hon’ble Supreme Court to the administration at large in the
public interest litigation’s through judicial activism, nothing has been taken
as granted to the public even after
declaring the same as the law of the nation.
Thus the judicial procedure, which is based on a tedious process is
required to be provided by fool prove system
for the benefit of the public.
The comedy of error does not lie in our celebrated principles but since
there is a complete erosion of the fear from the mind of the citizen indulge in
violating the law and there is no machinery to make a control upon the simple
invasion of such right, the public is bound to adhere what is given to it by
the grace of the public servant.
The other aspect of the picture is that the officers
in the public administrations have become so privilege oriented that they have
forgotten that they are the servant of the public. They are the incidents which were highlighted
during the reign of British Empire when the Indians were treated as the slaves
but still there was the respect to the
right of the Indians in respect of enforcement of their privilege conferred in
accordance with law. There was I.C.S
officer namely Lobho Prabhu posted as D.M., who was assigned with the
responsibility to get the recruitment over the land of the farmer betaken away
from the clutches of Jamidaar in the area.
The D.M. used to visit on the site of the encroachment and it was only
there after that the actual verdict is pronounced in presence of the affected
parties in presence of public at large and nobody was supposed to carry on
an illegal occupation. The grounds of appeal were limited only to
extent of malafide intention of the judicial officer in carrying on his duties
and as such there was an allegation
labeled against such I.C.S officer to the
extent that since he has accepted the feast given in the honour of the officer
by the poor farmer by offering the Rohu fishes and as such the verdict given In
the case in vitiated. The defense taken
at privi council of England that since the public is the subject of the crown
and the I.C.S officer is the servant of the crown and as such it was not within
the power of servant even to provide sentimental breakdown to the public. The mere allegation of accepting the post
decisional bribe in the form of the feast was
nothing else then to protect the sentiment of a poor litigant who was
given substantive justice after a prolonged litigation against the
Zamindar. Thus there is the definition
of the judicial functioning of the British period which is completely changed
in the present atmosphere after the independence of our country.
The people are scared to make a contact with a
police officer as there is a fear in the mind of the public that in case if
they proceed to approach a police officer, this may ultimately by resultant in
implication of the false case of criminal nature and there after an association
with the harden criminals if they are send to the jail. This phenomenon is sufficient to drag an
individual in the esteem of crime once the hesitation in particular from
remaining aloof from the realm of criminal activities is taken away from the
psychology of an individual.
The system of criminal trial based participation of
the witness is also full of contradiction to provide substantive justice to an
innocent person from the court of law.
It is totally dependent upon the dimension of the evidence adduce before
a court of law that the punishment is awarded
to a citizen sometime even on the sole testimony of a witness. Can we trust a system where the crime is
committed in the complete animosity at the dead of night when no one has actually seen the commission
of the crime. The police on the basis of
mere suspicion and sometime on the basis of the information received from the
public/ informer may get an innocent person dragged in the crime. There is no other criteria left open for the
police when the entire burden is casted upon the prosecution to prove a crime
and onus is seldom shifted upon the accused person to prove his innocence. Can the police administration assigned with
the responsibility may discharge such duties without having a fool proof
machinery to dealt with the criminal. In
absence of having a drastic measurement for adopting the deterrent theory of
punishment, there will be no fear in the mind of the criminal and the crime
will continue uninterruptedly without any check by the present administration
of justice. The system of punitive
theory of punishment with the better responsibility of the citizen indulged in
the crime is required to be administered in the society.
“He who having sworn by
solemn oath at his coronation to protect the people from wrongful operation ,
fail to do so should be slain as a mad dog ---
Mahabharat
Leave this chanting and singing and telling of beads
whom dost thou worship in this lonely dark corner of a temple with all doors shut ? He is there
where the tiller is tilling the hard ground and where the path maker is
breaking stones. Put off the Holy mantle and even like him come down on the
dusty soil.
The distress of Mahatma Gandhi on the wake of
partition of Indian continent may still be heard from a distant voice calling
to the people to unite and the unity in diversities may provide India’s
survival as a nation before partition
which depends on a wider vision of unity based on inter-dependence based on the
sub continents and secularism and social
justice. Let us try to hear again how distressed Mahatma ji was at the turn of
events on the wake of partition:
“ So far it was my desire to live upto the age of
one hundred and twenty five years , but now I have no such desire . The
objective before me was not just to attain freedom , but also to remove all the
social ills in the society which had pestered during the 200 years of the
British Rule. They have practically divested us of our traditions of tolerance
and harmony and instead fomented hatred and discord through their communal
policies . I had thought that we could change the entire system and the people
of this country and would live together as brothers in love, harmony and peace,
so that coming generations may be blessed with all of that , which we have been
deprived of. Therefore in addition to the freedom of my country , the primary
objective of my life was maintenance of
cordial relations between Hindus
and Muslims since I could not attain my
objective , this freedom has become tainted .Today when I see Hindus and
Muslims separated with more or less permanent gulf , I feel politically and
spiritually defeated . I have no desire to live any longer …….when I cannot
remove this mutual hatred and ill will between Hindus and Muslims , and cannot
create feeling of love peace and harmony in name of God and religion , you tell
whether there is any point in my living any more ? I would prefer death to this
kind of life.”
amoeba has taken place the birth on this
earth.
the theory of evaluation of life is the
subsequent process.
the
vital question for consideration for our human being is to the effect as to
whether the same process is a mere co-incident at the time of the birth of an
individual. there is the generating of the heat in the process of life when the
idea is exchanged. these ideas ultimately become the process of reproduction.
there is the combination of the molecule again in the similar process.
thereafter the creation of the zygote inside the ovary of the female. thus if
we consider the life being originated from the ocean, whether the penetration
of the sperm in the egg is also the starting point of the theory of
reproduction. ultimately the life is converted into a reality when the living
organism took place in the process. we forget that the existence of our life is
similar to the creation of the universe. thus we start thinking for our
survival. the struggle is of no significance because it continue for some period
and thereafter it vanishes from its origin and thereafter the human being
realizes that his existence is for the time being.
this was a mere co-incident that a
particular ‘y’ chromosome was penetrated in the egg and meet with ‘x’
chromosome. thereafter the process of life started. the shape and the identity
of the person are concentrated on particular genes. when our existence is of
such a small molecule from where we can get ourselves being recognised with
some identity. this is the illusion of life when we claim for the recognition
of our existence. the creation of the false existence is a direct assault on
the identity of the power that has created our life. even if we deny taking
into our identity, the very existence of god, but still the value of the life
cannot be put to any doubt for always being a controlling factor over the
living being.
this is the starting point of our
wisdom. the moment we give up to our intelligentsia through logical perceptions
by converting it from analysis by observation, the reality of truth comes to
the memory. this process ultimately lead to an individual from committing any
sin as the repercussion of the same may be detrimental to one’s own existence.
no body will like to loose his own existence for the mere satisfaction of his
egoistic nature. thus ultimately we use to connect ourselves from some
controlling power and thereafter the existence of god comes to our conscience.
this is the ultimate truth of life.
history of man is one long search for
god. however, we cannot subscribe to the theologian’s theory of god. life is
the image of god, which is essentially a spiritual being. if the equation of
life is taken into consideration, there can be no doubt that the man cannot
eternally remain forgetful of his spiritual nature. then he will find out his
self.
time
is having three-dimensional picture, in which, there are certain memories of
the past having it’s permanent impact on the way of thinking; the present as we
have visualised it from such angle; and the future with our expectation to be
fulfilled. thus in this process, we may sidetracked from our inherent
characteristics and may start challenging the time-honoured customs. the
reckless spirit of defiance of well-established sacred principle becomes the
way of life. there is the open crusade against the religion. there is no
religion equal to it’s potential, in which, there may be compassion for the
animals and birds, truthfulness in the behaviour and love for the fellow being.
thus the religion is based on the philosophy of brotherhood and spiritual cult
of life. the places, where there is the program organised to slaughter the
animals, as that of giving the sacrifices to the deity, these are not the
places of religion but these are slaughterhouses.i have known the truth, but you can not know it. this is the preaching of every prophet. there lies their greatness. thus they bring down the highest truth to the door of every man but never allow it to reach to such man. this is the religion of life. the true religion, which may be achieved through spiritual knowledge, seeks the truths of the inner world.
bondage is of the mind, and freedom also is of the mind. a man is free if he constantly thinks and feels: i am a free soul. life and death are in the mind of the man. thus one should have a burning faith in god. he may feel that he has no bondage .he will fellow the instruction of the god.
Judiciary
is in the deep turmoil of nepotism, favoritism, opportunist power seeker and
privilege orientations system having elevations for corrupt non germane and incompetent
lawyers as Judges of High Court and Supreme Court. MY REQUEST TO THE NEXALITIES
FOR NOT TAKING THE LAW IN THEIR HAND BY KIDNAPPING THE GOVERNMENT OFFICIAL for
ransom That should agitate along with other patriotic citizen from June 2012
and May resolve The Power of Check and provide a Curb upon power of Comptroller
And Account General Is Taken way By Act No. 59
of 1996 and different Government Came but this power of C& AG had
not been Restored. ??? Don’t Pay the Tax As Are the Precedents in the Past
During TAX EVASION OF NAMAK TODO ANDOLAN
as the TAX exemption is not within it’s domain As the Citizens of India
are Still Slave dynasty made by the Conspiracy of NEHRU GANDHI NEXUS with
Shrewd Bruisers playing havoc with non violent HINDUS, providing patronage to
Anti Nationalist Forces and traitors Politicians.
LAW AND JUSTICE ARE ANTI THESIS IN THE ANGLO
SAXON SYSTEM OF JURUSPRUDENCE AND ISLAMIC PERCEPTIONS ARE BASED UPON CRIME AND
HINDUS ARE STILL SLAVE DYNASTY IN THEIR OWN NATION AND AS SUCH WHEN MUSLIMS
BECAME PRESIDENT OF INDIA BY MAULANA JAWAHAR LAL NEHRU GRAND SON OF GYSSUDDIN
GAZI, WHO BEING KOTWAL DURING BRITISH PERIOD DRAGGED BAHADUR SHAH ZAFAR FROM
DEHLI FORT AND PLACED HIM IN LOCK UP TO SEND RANGOON, THEN MUSLIMS HAD ISSUED
FATWA TO KILL HIM , GYASSUDDIN GAZI BECAME GANGA DHR NEHRU , ON ACCOUNT OF
PROVIDED THE HIDING PLACE NEAR CANAL and this Ganga Dhar Nehru came to red light Area and became
supplier of Prostitute at77, MEER GANJ ALLAHABAD. HIS SON MOTI LAL WAS INDUCTED AS
GARDNER FOR BEING SUPPLYING HIS DAUGHTER
AND OTHER PROSTITUTE to BARRISTER MOBARAK ALI HAVING THIS TSHRAT VILLAH
FOR SEX AND CARNAL DESIRE OF VICE RAO, THIS MUBARAK ALI DIED IN MYSTERIOUS
CIRCUMSTANCES and ISHRAT VILLAH BECAME ANAND BHAWAN. Hon’ble High Court after Judicial
Activism up to 1994 from 1979 ceased to remain
Judicial Accountability and Review the Attrocities Committed upon
Hindus. The Case of Pragya Sadhvi, Coln Purohit and Major Upadhaya Still Lingering inside the Jail undefr Macopa
When MACOPA court itself had declared there Continuous detention without charge
sheet from last 4 years.
There is the Extravagance of the power of CONTROLLER AND ACCOUNT GENERAL. THIS IS AGAINST THE BASIC STRUCTURE OF CONSTITUTION . OUR CONSTITUTITION IS BORROWED THROUGH GOVERNMENT OF INDIA ACT, 1935 and 1945 . THERE WAS THE COMMUNAL REPRESENTATION TO MUSLIMS. MUSLIMS HAD STARTED demanding their separate STATE, but the appeasement given in our constitution by Muslims deceptive identities of Gandhi Nehru Nexus, Mamuna Begum nee Indira Priya Darshani Nehru Gandhi having their ancestor’s in GYSSUDDIN GAZI got manipulation by introducing the INDIAN INDEPENDENCE ACT, 1947. Under Section 3 of the Said act of Independence of Said enactment, Every Act, which was in existence of ruling our nation was adhered by Corrupt Gandhi Nehru Nexus Politics, Gandhi Was Bisexual. Nehru Was Bastard having sex with Mountbatten wife and her daughter at the same time. Thus we have become Slave, Not by Politics of Bruisers, But by Bastards and Debauch Politicians Ruling Our Nation . Do'nt pay the Tax to any authority, till the power taken by politicians during emergency in INDIRA GANDHI nee MAMUNA BEGUM w/O FIROZ KHAN AND CONCUBINE OF MOHHAMAD YUNUS, WHO happened to be the father of Mr. Sanjay Gandhi, allegedly murdered for Swiz Bank account by the same lady having deceptive Identity to the Indians, may not be restored to Controller and Accountants General. The row played by Mr. A. K. Antoney is planned to get another deal like Bofores for the purchase of Tank and other Military Equipment after realising hand some Commission. This Lady happened to be involved in the conspiracy of elimination Mr. Sanjay Gandhi , is suspected Killer of sri Lal Bahadur Shastri, Indira Gandhi, and her Husband Mr. Rajiv Gandhi
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