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.
27 comments:
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 visualized 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-honored 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 behavior 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 organized 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. A RESEARCH PAPER BASED UPON THE THESIS OF- Dr. Ashok Saxena,MANAS PRAKASHAN , 121, Manas Nagar, Shaganj, Agra E-mail ; mail2ashoksaxena@yahoo.com
On the basis of research work of Dr. Ashok Saxena article composed by his Brother
YOGESH KUMAR SAXENA
ADVOCATE, HIGH COURT
EX.VICE- PRESIDENT, ADVOCATE’S ASSOCIATION
Vice President of Hind Kishan Sang than
President(legal cell) Akhil Bhartiya Kayastha Mahashabha
Phone 9415284843, 9792131584, 7800888892, 9451181638
E mail yogrekha@yahoo.co.in/ yogrekha@rediffmail.com
Thus by getting the protection through the outer radiation from the infrared and ultra violet rays, there was the cooling effect in the atmosphere. This process has gradually converted the steam of the water particles situated in the atmosphere to the condensation process. By having the rain of the water and other chemicals from the internal surface of the atmosphere, there was the accumulation of the water everywhere. However, subsequently due to the emission of the particles from the lower surface of the earth, there was again the vapor formation. These processes remain operative for thousands of millions years before when as a mere co-incidence, the water was accumulated in the ocean of the earth. There was no such rain as were in existence, but the mountains started from where the process of evaluation generated. There was the alga formation on the mountains and ridges and similarly there was a jelly formation in the water due to friction of the molecules. Thus the live molecule was created in side the jelly like substance in the water and thereafter the formation of the ameba taken place 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 recognized 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.
Dr. Ashok Saxena research further suggests that on increasing the energy to three quanta in photon packet this photon folds thrice to reduce its wave length to ( 1.855 x 1043) /3. It forms 3 layered coloumns of supporting space matrix and the each coloumn supports ‘ photon particle density’ (A2) of 9 particles over its entire wave length. Thus with folding of photon packets by integral number of folds the wave length of photon packet reduces but the height of supporting coloumns increases according to the “ photon packet density”. Thus whole spectrum of EM forces forms, from Radio wave, microwave, infrared, visible light, ultra violet, X-rays to Gamma photon. The deformation of space matrix at the load of gamma photon of 1021 quanta energy, having wave length of 1022 particles distance and supported by kinetic energy coloumns of 1021 layers height. The height of coloumn is equal to frequency = amplitude= speed of rotation of photon packet per second = it magnetic momentum of photon packet.
These gravitational waves lifts these masses to convert them as symbolic point mass, and the planets move in the gravitational coloumn of sum in a particular Solar circular gravitational wave according to this position of planet in solar system. The position of planets in solar system (a deformed space) is according to their molecular configuration based on the potential and kinetic energy ratio of its molecules. Speed of revolution of planet, direction of rotation and its tilt is according to its position in a particular gravitational wave of sun. what ever may be our vision about our self the fact is that we are “inside a wave” of solar gravitational field on a small planet named earth.
This universe, in truth, is nothing. There were no heaven and no hell, nor the same in existence at present. Every action has it’s own repercussion. This was the comedy of the error with an amplifier, having the co–incident, that the life is originated in this universe. There was no sign of existence after the creation of earth. The sun was having its radiation on the newly created planets after disintegration. Thus the earth was also having the turmoil of uncertainty in the process. Gradually the heat transmitted in the atmosphere. There was the creation of the gases.
The nitrogen, helium and ozone gases were emitting from the earth. There was the nuclear fusion and nuclear fission. The molecules were disintegrated into the hydrogen particles and likewise there was also the creation of oxygen from the ozone gases. After unification of the molecules of oxygen with hydrogen, the water came into existence in the form of the gases. There was a period of transmission of energy in the atmosphere. However, gradually the preservation of the heat could have only been regulated. The coverage was provided to the universe from the outer periphery of ozone layer on the outer side of the atmosphere.
The above katha continues further since through YOU MAYA, Bakiri witnessed the fullness of Mahabharat war. On its conclusion some of the surviving warriors discussed amongst themselves as to who could really be named as the first foremost and most outstanding warrior in the 18 days war Mahabharat? They could not decide this between themselves. They agreed to approach Lord Krishna to settle this point. On being so approached, Lord Krishna pointed to the headless body of Bakiri still hung up at some distance away on the hillock. They all approached the headless body of Bakiri who by virtue of lord’s You Maya.
“None in that bloody war was higher or bigger than yet another participant(death), who continuously and with out stoppage, devoured the endless number of bodies of the humans and the animals, horses and elephants. He was that divine body holding in his four hands, lotus flower4, discus, sudarson Chakra and an open palm with three divine arrows. I saw him the only superior most warrior engaged in this war throughout present, yet never himself fighting but still living in the body of each and every warrior engaged in this war.
“IT WAS PRESENT THEN, HE IS PRESENT NOWAMONGEST YOU, THE INVINSIBLE WARRIOR_ GO BACK AND DISCOVER HIM FOR HE ALONE LIVES AND NEVER DIES AND IS NEVER STAYED BY ANY SWORD, BURNT BY ANY FIRE, WETTED BY THE TOUCH OF ANT(JAL OR DRIEDBY THE STRENGHT OF ANY AIR). NONE IN THIS BATTLE WAS HIGHER THAN HIS (WHO HAS TAKEN HIS DEATH FACE IN THE COURSE OF 18 DAYS OF THJIS GREAT BATTLE THAT ALSO WAS WATCHED BY ALL GODS IN HEAVENS”
The surveying warriors cleared of their doubts, returned to their camps all the time repeating the name of the lord in their mouth.
Dr. Ashok Saxena has asserted that now this becomes a circumstance deformation of space matrix and the ultimate limit of load, which can be propelled by deformation of space matrix at the speed of light. With increasing quanta and with decreasing wave length the deformation of space matrix changes form longitudinal deformation in EM waves to a limit of circular deformation is gamma photon. On further increasing load above 1021 quanta energy the deformation of space matrix while increasing in transverse direction forms the De Broglie’s waves. Now the inertia sets in by wrapping of space time on this shed off condensed energy which constitutes micro particles. This micro particles can be propelled only at sub luminal speeds by space matrix.
Lord Krishna being approached first desired to examine and test the veracity of Bakin’s claim who was asked by Lord Krishna to first produce his three divine arrows gifted to him by Goddess Durga. Lord Krishna also desired Bakin to demonstrate the strength of the three divine arrows. The lord told Bakiri that right in front of him stood a large Oak tree with uncountable number of leaves. Demonstrate the worth of your arrows by considering the leaves of the Oak tree as your enemies, said Lord Krishna to Bakiri. While Bakiri got ready to shoot his first divine arrow. Lord Krishna placed one leaf of the Oak tree under his own foot. He hid the same under his left foot in order to test the divine strength of the arrows. The gathered Pandavs, Bakiri and Lord Krishna saw the great divine potential of the arrows, when by divine arrangement, the arrows duly surveyed all the leaves of the Oak tree and further reached the left foot of the lord himself under which was hidden one leaf of the Oak tree. The 2nd and 3rd arrows similarly performed.
Causing holes to be made in each and every leaf of the tree. The divine arrows also came to pierce the left foot of the foot of the lord himself. It is said and believed that by the use of lords’ own YOU MAYA he averted the pierce of his foot to be made available later for causing his own death in his Manushya Rupa. It is believed that Lord Krishna ultimately passed away from this earth when in a jungle thinking Lord Krishna sleeping in a bush and exposing his foot shot an arrow that had been earlier surveyed and left unharmed by the divine arrows of Ma Durga.
The first arrow was meant to test and survey the strength of the enemy of Bakiri and the 2nd arrow was meant to mark the number of opponents of Bakiri. The 3ed arrow was meant to bring the death of the surveyed and counted enemies of Bakiri. The arrow behaved and exhibited their potential perfectly, which meant if Bakiri was accepted as a starting comrade of the Pandavs who when and if victorious becoming stronger then the Kauravs would immediately lose Bakiri who would than join the weakened Kauravs and fight against the stronger Pandavs. Lord Krishna understood the dilemma of the situation and further heard the insistence of Bakiri praying that the earned boon by him from Goddess Durga was the sole and only purpose of Bakiri pleasing Ma Durga. He was even ready to die in their cause as he desired to watch the totality of Mahabharat war. It was fought for 14+4 days. The Lord Krishna to Bakiri that if he agreed to stay himself and caused his dead body without its head hung on a nearby hillock from where the lord by his ‘YOG MAYA’ could cause his body without head still watch the whole of 18 days battle of Mahabharat fought at Kurushetra.
The Hindu Philosophy accepts the time in the Devlokas (Heavens) being different in measures. These are believed to be many heavens in which time reckons differently. It further declares that 1 Devyug or Mahayug in terms of time period comprises of 12000 heavenly years. These are further divided into four different period of time. The time and the conduct in these time periods is based on what the Hindu philosophy calls as Dharma. One such Mahayug of 12000 celestial years is divided into four different periods of time. One Mahayug of time is also called as one Chaturyuga. The Chaturyuga on the earth are called (i) Satyug (ii) Tretayag (iii) Dwaparyug and (iv) Kaliyug. One Chaturyuga is said to contain 12000 Devyugas (10,000 + 2000 years of what is called the time period of ‘Sandhyas’ of simply meaning the period of time spent in the preparation of bringing into being the commencement of time in each Yuga.).
A day and night of the Pitrs (manas) consists of 30 days and nights of human beings. Hence the Full life span of Pitrs would be reckoned at 3,000 years. Even so, a day and night of the gods consists of two ‘Ayanas’ of 360 human days and nights. Thus the full life span of the generality of gods would work up to 36,000 human years.
One-half of Brahma’s life is called ‘Parardha’. The first Parardha has already expired and second is now running (has commenced from the current Kalpa). The first Parardha opened with a momentous Kalpa, the Brahma Kalpa, in which appeared Brahma, whom the wise recognizes as Veda personified.
This egg-shaped universe, constituted as it is of the eight causal principles (viz., Primordial Matter, the Mahat-tattva, the Ego and the five subtle elements) and the sixteen evolutes (viz., the mind, the five senses of perception, the five organs of action and the five gross elements, none of which evolves further), has a breadth of five million Yojanas (or forty million miles) is covered outside by seven sheaths (viz., earth, water, fire, air, ether, the Ego and the Mahat-tattva), each of which is ten times larger than the one is surrounds, that cause all causes. In this universe, with all its covering sheath looks a ‘Paramanu’ and which comprises myriad of other universe. He is called the indestructible Brahma; and that is the transcendent reality of the most ancient person, Lord Vishnu, the Supreme spirit in embodied form.
The modern science following the accepted theory of Big Bang explosion presumes that the space substance itself came into being after the explosion and gave birth to infinite particle of space substance. By their own properties, they occupied and determined a distance between one space substance and the 2nd space substance. These infinite number of space particles vibrate at the speed of light @ 1.8555 x 10 raised to the power 43 vibrations per second. The space of the universe is therefore filled with immense energy. Einstein researched and produced his famous equation ‘E=MV sq’. Energy and Mass are thus inter-convertible. These energy particles occupy the entire universe and symbolize not only space by its three dimensions but also time and energy. Time becomes the first dimension and energy becomes the 5th dimension of the divinely created universe, it has no limit of magnitude in any direction corner or sphere. This is the modern scientific view. The space particle constitute five dimensions, the time being no. 1 which supports both Energy and Mass. The energy born first is the potential energy, which supported by time and on account of vibrations turns into Kinetic energy. Thus force, mass, momentum, distance, motion, velocity are also simultaneously born with the space and the creation. The modern science taking everything together gives to another name of earth’s rotation with its effects as what we call and understand as ‘inertia’.
The space matrix is interwoven like threads in a sheath of cloth and have multiple layers. These particles of space substance while constituting five positive dimensions are inter woven with voids which have five negative dimensions to form the space matrix. Thus these energy particles in flat space matrix is potential energy of the universe and by deformation of this space matrix (Space) the potential energy changes to kinetic energy and in this deformed space the time moves differently. In present ear these true voids are still curled up and slowly uncurling to expand universe. While the particle of space substance symbolize all types of energy and on their condensation not only all bosons but matter is formed. The lord asked to fetch some water from the river that flowed next to them. Narad went and dipped his vessel in the river and without releasing, he was immediately transported to another Divine Time zone. In that zone Narad spent over 50 years or more. He lived in that zone and begot his own sons and grandsons. His body stood totally forgotten of his past and the Time simply stood changed. Later in Time, the Katha explains that once again Narad’s young grandson asked Narad that he wanted some water to drink. On the mention of the world ‘water’ by Narad’s grandson, Devrishi Narad is said to have forthwith reverted to the earlier Time and its memory when he had gone to fetch some water from the river that flowed next to where lord had asked him to fetch some water from. The period of Time that Narad spent with his sons and grandsons disappeared. Narad stood close to the river as before and returned to the lord with the vessel of water as was directed by the Lord Creator. The Lord seeing Narad rushing back with water said, “Well done, quick work”. The Lord Creator smiled and Narad understood the answer to his question of ‘MAYA’. This was the turn of events caused by the Time that could expand, contract, create or even annihilate the time itself.
Dr. Ashok Saxena work not only unifies electromagnetic and gravitational forces, it also explains the basis of all the theories and phenomena’s listed here. By considering energy as fifth dimension and on the basis of proposed model of universe all these mentioned phenomena have been explained in the slides that follow and thus indirectly proves the model. What is light :- Planck’s constant & Basis of Quantum nature of energy. Matter waves & uncertainty relation. Explanations of “theory of relativity”. Newton’s gravitation and laws & general relativity : Planetary systems. Principal of equivalence, conservation of momentum & energy conservation. Atomic structure and its behavior & mass energy relation. What is Electron :- Electricity, magnetism, geomagnetism & motion of bodies. Thermodynamics, temperature, entropy, gas theory, work & Energy transfer. Cosmic ray energies and accelerating galaxies. Energy behind Earth quakes, volcanic eruptions, Twisters and Aurora formation. Behavior of universe and its fate.
Hindus scriptures contain matter on the subject including the Special Theory of Relativity of Einstein by him in the year 1906. Hitherto, it was postulated that TIME was an absolute entity that marched constantly in a straight line. Indian scriptures explaining the creation and its marvel always held TIME on earth as different from time in the various Heavens. Even the modern scientists have agreed that indeed time itself has been relative depending upon the position of the observer in our Universe. It speeded up of slowed down in to points on earth. The author of Mahabharta explains that as per Hindu belief one year of the Creator ‘BRAHMA’ equals to lakhs of tears of Time seen on earth. There are several interesting ‘Kathas’ in this context written in Hindu Puranas. Even on earth there are different time zones separated by 4 minutes with each longitude of the globe.
Dr. Ashok Saxena theory of unification of electromagnetic and gravitational forces have strengthen the logical perception of Hindu Philosophy. Dr. Ashok Saxena creative achievement by writing the book “INSIDE A WAVE” has created another history of pronouncement to Vedic Tradition. Dr. Ashok Saxena is an imminent Orthopedic Surgeon. The electromagnetic current used for healing the long bones during his Post-graduation Diploma and in obtaining the Master of Surgery Degree in Orthopedic in the year of 1976 and from such time, his experience in the outstanding effect that universe is filled with energy as a primordial soup of big bang in space substance. These particles are vibrating with a time gap of least time i.e. Planck’s time @1.855 x 1043 vibrations in one second. These vibrations provide energy nature to these particles of space substance. These energy particles occupy the entire universe and symbolize not only space by its three dimensions but time and energy. Dr. Ashok Saxena postulates that energy is the fifth dimension of universe.
THE UNIVERSE: OUR VEDIC RELIGION AND THE SCIENTIFIC INVENTIONS
“The time is the unique and exclusive singular potency of the Lord creator on whose directions, the time and its marvels are created. Without time, nothing is the entire creation can become meaningful or comprehensible by the consciousness that supplies to the universe, its purpose and abilities to function as per divine design. It is beyond human comprehension and thus does not need to be pursued for understanding. Vedas have called ‘Time’ or ‘Kaal’ as ‘Sanshaat Brahman’,meaning another explanation of divinity.”
The great epic Mahabharta records, a fascinating chapter on time. Creation and the destruction of the created Universe are both religious and spiritual Vedantic philosophy. Dr. Ashok Saxena’s research work is a solution of the hurdle of the present accepted theories of today’s scientific invention which has established that the Hindu thought was very scientific
CENTRAL BUREAU OF INVESTIGATION
SPE/SIU (XII)
NEW DELHI
_________________________________
1. PROGRESS REPORT NO. : 1
AND DATE. : 23.02.1993
2. CASE NO. AND DATE : RC.1/93-SIU(XII)
OF REGISTRATION : Dt.08.07.1993
3. NAME OF THE ACCUSED : M/s . Southern Arts,
Exporters of Indian Handicrafts
10-D, First East Main Road,
Shenoy Nagar,
Madras and Unknown Others.
4. OFFENCES : U/s 120-B IPC and Sec.25 (1)
r/w Sec.3(1) of Antiquities and
Art Treasures Act, 1972
5. NAME OF THE IO. : Shri Hari Kumar, Inspr/SIU.
6. NO. OF WITNESSES :
EXAMINED
That, M/s. Southern Arts, Exporters of Indian Handicrafts, 10-D, First Main Road, Shenoy Nagar, Madras, exported 34 items from the port of Madras to Mr. Guide Zanderige Via 24 Maggie 437126 Verona, Italy, in connivance with the officials of Customs of Madras, Illegally against the provisions of the Antiquities & Art Treasures Act, 1972. On inspection of the aforesaid 34 items by Dr. C. Margbandhu, Director (Exploration), ASI, New Delhi at Pisa, Italy at the instance of Department of Culture, Ministry of Human Resources Development, New Delhi, 19 items were found to be “Antiquity”. In view of above, the instant case was registered against the Exporter (and unknown others).
9. DEVELOPMENTS:-
During the fortnight under review, the IO Submitt plan of Action in the case. A copy of the same is enclosed herewith. Special Look-out notices have also been sent to NCRB/New Delhi and to the Director General of Police of Southern States along with the photocopies of photographs of the items, which are lying presently at Pisa, Italy with the Customs Authorities, requesting them to check their records under their jurisdiction with a view to find out, if any report regarding the theft of any the item, is reputed, to them. Interpol/CBI/New Delhi has been requested to move to IP/Rome for the seizure of the consignment, in question, lying with Customs authorities in Pisa, Italy and restitution of the same to India thereafter. The matter has also been reported to Secretary, Department of Culture, Ministry of Human Resources & Development, Shastri Bhavan, New Delhi so that they may inform to the Embassy of India at Rome, Italy, for necessary direction to Customs Authorities in Pisa, Italy, for not releasing the consignment to the Importer. The IO has proceeded to Madras in connection with the investigation of this case and the progress shall be reported to HO on his return.
10. CD (S) NO. & DATE (S) : C.D. No.1 dated .07.1993
ON WHICH PR BASED : C.D. No.1 dated .07.1993
C.D. No.1 dated .07.1993
C.D. No.1 dated .07.1993
11. PENDING ACTION : A detailed Plan of Action
Submitted by the IO, is
Enclosed herewith.
DETAILED PLAN OF ACTION SUBMITTED IN CASE RC.1/93-SIU(XII) FOR PERUSAL.
_______
1. To take immediate steps for retrieval of the case property from Italy by moving the Interpol as well as Indian Embassy in Rome.
2. To send reference to Interpol for conducting part investigation in Italy regarding the examination of the Importer.
3. To visit Madra:-
i. information to be collected from the exporters regarding the procurement of the antiquities, their supplier etc. and also to elicit information regarding the conspiracy if any with ASI or customs. Collect the original shipping bills and other documents from the Customs Madras and also examine the concerned appraiser who passed the consignment.
ii. To examine the ASI officials in Madras to know whether the consignment was referred to them by customs authorities and also to know whether the exporters ever obtained the non-antiquity certificate for the items they exported, and also examined the concerned officers.
iii. To examin concerned CHA in Madras who facilitated the shipment of the consignment. Further to seize the copy of the concerned shipping bill available with the CHA and also to examine the concerned persons, procuring their, specimen handwriting and signature etc. to prove that the shipping bill was prepared by them (For GEQD Reference).
iv. To interrogate the partners or the proprietors of the exporter i.e. M/s. Southern Arts, Exporters of Indian Handicrafts, 10-D Ist East Main Road, Shenoy Nagar, Madras to know the facts and circumstances by which they could manage to export the consignment consisting the antiquities by hoodwinking the authorities and smuggling the items. Further
v. To collect information regarding the payments made by the Italian customer for particular consignment and also to visit the concerned bank and obtain the records pertaining to payment.
vi. To collect all other information which may crop up during the investigation like the export licence or permit etc. of the exporter.
4. To make efforts to know whether the antiquities in this case are of stolen items by sending Special Look Out Notices and also to other sources like publishing the photograph of the seize antiquities in major national newspapers.
5. Any other points as suggested by SP.
Submitted for perusal.
Ms.Sonia Gandhi may well turn out to be India’s Fujimori, the Peruvian Leader of Japanese descent. It is now known that Fujimori has been secretly maintaining and hiding his Japanese citizenship while claiming to be a natural born Peruvian national. The wrath of the people of Peru came to visit upon Fujimori when his corrupt activities came to be unraveled, so he bolted back to Japan with his loot intact and then revealed that he had been all along a born Japanese citizen, and thus immune from extradition to Peru. Ms. Sonia Gandhi has like Fujimori in Peru a long history of committing fraud on the public. Ms. Sonia Gandhi shares Fujimori’s mendacity as well. For, example, in the Lok Sabha Who’s Who, on page 290-91, Ms.Gandhi has claimed to have been educated in the Cambridge University. This is utterly and completely false. Ms. Gandhi had instead gone to the town of Cambridge to learn English in a unrecognized teaching shop. Such falsehood is thus reflective of the duplicitous mentality of Ms. Sonia Gandhi. Time is now near for her to be exposed as India’s Fujimori.
2. Ms. Sonia Gandhi’s track record, hitherto unscrutinized, reveals an incredible venality and culpability under criminal laws of the country. She is therefore extremely vunerable to any hostile government, and thus would seriously jeopardize the prospects of an opposition coalition that included the Congress Party in an election campaign against the incumbent in office. The track record of Ms.Sonia Gandhi as a habitual law breaker are illustrated below.
In 1972, Ms.Sonia Gandhi took employment as an insurance agent of Oriental Fire Insurance, a public sector firm. As a foreigner as she was then, she committed a criminal offence by taking such employment. Furthermore, she showed her business address as the official residence of the then Prime Minister and her mother-in-law, Mrs. Indira Gandhi, at 1, Safdarjung Road, New Delhi, which is an offence. Besides these, she collected commissions on insurance policy sold to Maruti and to individuals in the Prime Minister’s Office, which is also an offence. These facts came to light in a Rajya Sabha Question Hour in November 1974. The then Prime Minister Mrs.Indira Gandhi,and mother-in-law later announced in the House that Mrs.Sonia Gandhi had resigned her insurance agency, a clear admission of culpability under law. The three offences listed above are not subject to the statute of limitation, and thus the failure to prosecute Ms.Sonia Gandhi then, is no bar to launching prosecution now.
B. On January 25, 1973, Ms.Sonia Gandhi was appointed the Managing Director of Maruti Technical Services Private Ltd.[MTSPL] in an “extraordinary” meeting of two share holders who together held all the shares, 20 shares each of Rs.10 per share. The two shareholders at the meeting were Ms.Sonia Gandhi and Mr.Sanjay Gandhi. The MTSPL was incorporated on November 16, 1970. On September 28, 1974, Ms.Sonia Gandhi was made the MD of the Maruti Heavy Vehicles Private Ltd.[MHVPL], which was incorporated on February 22, 1974 with 13 shareholders in which the Gandhis had controlling interest. The Maruti car company and the heavy vehicles firm entered into a consultancy contact for expert advice with MTSPL for which susstantial fees were paid.
In 1978, the Commission of Inquiry headed by Supreme Court Judge Mr.A.C.Gupta, appointed by the Janata Party government, submitted its Report on the affairs of the Maruti companies. The Commission recorded the depositions of S.Kumar, Registrar of companies, and A.Banerjee, Income tax officer, Mr.Kumar held that “the allotment of shares of the MTSPL and MHVPL to Ms.Sonia Gandhi was in contravention of Section 28(1) of FERA 1973 which prohibited foreigners from owning shares in Indian companies, and hence was ab initio void in law. By Section 56, Ms.Sonia Gandhi thus committed a criminal offence that limitation on this offence even if FERA stands replaced by FEMA in 2000. Thus Ms.Sonia Gandhi can be prosecuted even today. Furthermore, the Gupta Commission recorded that Income Tax Officer, A. Banerjee had disallowed the remuneration paid by MTSPL to Ms.Sonia Gandhi “because she had no qualifications to be able to render any technical service to the company.” Considering that Ms. Sonia Gandhi holds an unrecognized “diploma” from a English Language teaching shop for unemployed European girls in the city of Cambridge, England, that is quite obvious. Hence a fraud was committed, for which Ms. Gandhi can be prosecuted under Income Tax law as well.
The electoral rolls of the New Delhi Constituency were revised in 1980 with January of that year as the qualifying date. When the voter list was published, Ms. Sonia Gandhi, then an Italian citizen, illegally became a voter at serial number 388 of polling station number 145 of that constituency. Ms. Gandhi applied to become an Indian citizen only on April 7, 1983, and was granted citizenship with lightening speed on the same day. But during the three years till the beginning of 1983, Ms. Sonia Gandhi remained on the voter roll committing offences punishable under Section 31 of the Representation of Peoples Act 1950, of a maximum sentence of one year and fine. Ms. Sonia Gandhi cannot say that she was not willfully committing this grievous offence because to become a voter, one has to fill and sign Form 6 prepared under the Electors Rules 1960 in which affirmation of citizenship of India is essential. Hence Ms. Gandhi by this false affirmation also committed offences under the Indian Penal Code, particularly Sections 192 and 199, which carry a three year punishment.
During the 1980s, Ms.Sonia Gandhi’s mother Mrs.Paola Maino, and sister Anushka Vinci had developed business connections with Snam Progetti’s resident in India, Mr.Ottavio Quattrocchi. The Influence wielded by Rajiv Gandhi’s Italian in-laws enabled Quattrocchi to corner government contracts such Thal Vaishet fertilizer project, as well as to broker deals such as the Bofors 155mm gun sale to the Indian Army. Affidavits filed in a Malaysian court and documents with the CBI establish that Sonia’s sister Anushka and her husband (now ex) Walter Vinci were beneficiaries from the receipts of Quattrocchi from Bofors company. Quattrocchi has also declared that he is a close friend of Ms.Sonia Gandhi, a claim not denied by her. Hence Ms.Sonia Gandhi, her sister and mother are candidates for inclusion in the Bofors bribery case FIR under Section 319 of the Cr.P.C., to be thus investigated and prosecuted.
E. Revelations contained in the archives of the KGB became public, and some of which were published in Pravda and Izvestia in 1992 following the liquidation of the Soviet Union. Most of these Archives are now kept in a library at Harvard University, USA. One letter in the archives documents the regular payment of commission to Ms.Sonia Gandhi and the Maino family in Italy, arranged by the KGB. One letter [published in a Russian news daily Izvestia on June 27, 1992 in an article by Ms.Yevgenia Albats of Moscow News] was written by the then KGB chief, Viktor Chebrikov to the Central Committee of the Communist Party of the Soviet Union [CPSU]. The KGB chief reporting these payments to the CPSU for ractification, stated that members of the Rajiv Gandhi family had expressed profound gratitude for the help being received by them through commercial deals of an organizations. In a confidential message to the KGB, stated Chebrikov to the CPSU, “they [the Mainos] informed that a major part of these resources was used to support the party of Mr.Rajiv Gandhi”. Only July 3, 1992 Ms.Tatiana Samolis, the spokesperson of the KGB’s successor organization, the Federal Intelligence service [FIS], in a press briefing in Moscow [which was reported in the Hindu 4.7.92] confirmed that indeed such a connection between the KGB and Mainos had existed “in view of the ideological confrontation that prevailed in the world at that time” In the 1989 elections for example the Mainos spent Rs.10 crores on select candidates of the Congress Party in the General Elections, obviously to create cheerleaders for Ms.Sonia Gandhi for a future contingency, Mr.Arjun Singh was one such recipient from the Mainos. Ms.Sonia Gandhi, her mother and sister are thus guilty of offences under IPC Sections 120B read with 171-C and 171-H, as well as FERA and FCRA.
F. The Mainos have systematically plundered and exported the ancient treasures of India, especially temple sculptures of Tamil Nadu, Andhra, Orissa and Madhya Pradesh, Mughal paintings and precious gems in Indian Museums, all protected and banned from export under the Antiquities and Art Treasures Act, 1972. The CBI had in 1993 registered cases on such illegal exports from a Chennai Suburb to an identified person in Italy (see enclosed document). Alitalia and Air India flights were used to send unchecked crates after after crates misusing the SPG cover first to Italy for display in shops owned by her family e.g.Etnica in Rivolta or Ganpati in Orbassano [see enclosed photo and calling card], and after creating an ownership on paper, getting the contraband auctioned by Sotheebys and Christies, the London auctioneers. Fred Watson’s Sothebys-An Inside Story [Random House, 1998] gives some clues on such a racket. There is in the records of the Ministry of Human Resources enough materials in Notes on file of Directors Generals of Archeological Survey of India to suggest precious ancient paintings of the Mughal period were removed and declared “stolen” or missing, but ended up in a house in Golf Links, New Delhi which Ms.Sonia Gandhi had frequented. Even the Festival of India was used as a ploy to smuggle out such treasures. In arranging these delicate operations the Mainos took the help Mr.Arjun Singh [when he was Madhya Pradesh Chief Minister and later Union Human Resources Development Minister], art expert Martand Singh, a Pakistani couple Muneer and Farida Attaullah, London based Pakistani fixer Salman Thassir a prince of Kuwait, and even the Liberation Tigers of Tamil Eelam (LTTE) which has been convicted by courts in India for the assassination of Mr.Rajiv Gandhi Thus, Ms.Sonia Gandhi and her Italian relatives are culpable for various offences under the Antiquities and Art Treasures Act as well as under Sections 295, 378 and 410 of the IPC.
G. When Rajiv Gandhi married Sonia Gandhi on February 25, 1968, she was poor. Her Father Stefano Maino had lost everything after his party leader, Benito Mussolini, the II Duce of Fascist Italy, was overthrown and killed. After World War II, Stefano became a brick layer, and Sonia’s mother, Paola Predebon, a share cropper. Like many poor Italian families, Sonia was dispatched to learn English in a teaching shop in Cambridge town and thus land a job as an hostess or in similar employment, a modest goal indeed. Her marriage to Rajiv Gandhi on 25.2.68 however changed all that. And because of the aforesaid illegal activities, the Maino family became in just 25 years the richest family of Italy with net worth of US $ 2.0 billion. The respected Swiss magazine, Schweizer Illusttrierte, in its November 1991 issue, reported that the Mainos had in 1991 about $2.7 billion. But over the 1990s decade, the Mainos appear to have lost some of the money due to reckless investments, collapse of the Barings Bank, and ostentatious spending. They are still worth about US $2.0 billion today.
H. Ms.Sonia Gandhi has also fully utilized the martyrdom of her husband Rajiv Gandhi to advance her political career as well as to take control of the Nehru family’s monetary inheritance. The Rajiv Gandhi Foundation was set up under her chairmanship and Rs.200 crores collected during Narasimha Rao’s tenure as PM, for use in education and public affairs. Yet an analysis of the accounts of the Foundation show that only 3% of the income is being used for the stated objectives while 97% is deployed for other goals including for private travel of Ms.Gandhi and her chosen ones. This is a violation of the Trust Act and thus Ms.Gandhi and other trustees can be proceeded under Section 92 of the CPC. There is already a PIL in the Delhi High Court in this matter.
3. Circumstantial evidence is also fast accumulating that makes it now imperative for the Central Bureau of Investigation (CBI) to probe whether the mother (Ms.Paola Maino) and sister (Ms.Anushka Vinci) of Ms.Sonia Gandhi, have had a long term continuing association since 1984 with the terrorist organization, the Liberation Tigers of Tamil Eelam (LTTE), The Supreme Court had delivered on May 12, 1999 a stinging judgement that held the LTTE responsible for the assassination of India’s former Prime Minister Mr.Rajiv Gandhi. The Government had set up a Multi Disciplinary Monitoring Agency (MDMA) in August 1998, led by the CBI, to probe leads such as that have now surfaced regarding the Maino-LTTE links.
4. The Circumstantial evidence of these links include Sonia Gandhi’s plea for commuting the death penalty for her husband’s killers; in providing one acre of land near the Indira Gandhi International Airport, Delhi, for housing the Periyar Centre for the pro-LTTE and secessionist Dravida Kazhagam (DK) which had been indicted in Rajiv Gandhi’s assassination by the Jain Commission (Part III, Vol.IV, Chapter VII, Pages 161-73, of the Final Report) and whose seven key members have been sentenced along with nineteen others of the LTTE by the Supreme Court, for participating in the assassination conspiracy. There are several other examples of Ms.Sonia Gandhi going inexplicably soft on the LTTE, including remaining silent on the failure of the government to extradite the LTTE Supremo Prabhakaran.
5. The CBI-led Multi Disciplinary Monitoring Agency (MDMA) set up after the Jain Commission Final Report, should therefore send interrogatories to the Maino family in Italy about all this, and investigate the extent of their connections with LTTE.
6. Ms.Sonia Gandhi’s family in Italy constitutes a major national security risk for India, but paradoxically they enjoy the cover of the Indian state for their nefarious activities. The RAW, India’s foreign intelligence agency has reports of this national security risk. While in service (during Rajiv Gandhi’s tenure as PM), the Additional Director of RAW, B.Raman had in a report stated:
“Ms.Sonia Gandhi’s umbilical cord is strongly tied to Italy. Her close relatives are Italian citizens living in Italy. India has important national security interest in Italy because of its arms, nuclear and technology supply relationships with Pakistan and China.”
Raman concluded that no source in Italy or in EU would cooperate with Indian Intelligence on this issue since they would fear that one day perhaps these sources may fall into Italian hands. After retirement from RAW, Raman even published these views in Statesman (May 16, 1999) in an article under his own name.
Italy, incidentally, is flouting US sanctions and providing avionics to the Sino-Pakistan Joint project to manufacture the F-1 Chinese design plane update, which is to be a successor to the US F-16 super fighter jets. Indian Intelligence is busy trying to build sources in Italy to track details of this collaboration.
For all these information I have written to Ms.Vasundara Raje, Minister in charge of Personnel (i.e.,CBI) to initiate a CBI inquiry. On all the above, if on no action is initiated, I will have no other option but to move the courts of People myself to set the law of people aggression into motion.
We, The People Of India
Appeal to the Nationalists Straight forward Citizen
Strive to Protect The Dignity of our Nation
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