Tuesday, October 29, 2013

Truth of defamation case filed by Mr Pawan Khera for defamation of Ms Sheila Dixit against Mr Arvind Kejriwal for calling her dalal

Development dated 28.10.2013 in the court of Mr. Sanjay Bansal, Karkardooma Courts in the defamation complaint case filed by Mr. Pawan Khera, Political Secretary/OSD to Ms. Sheila Dixit, Hon’ble CM of Delhi against Mr. Arvind Kejriwal is being projected as big development in the media channels/newspapers. Sorry to say that such is not the case and this piece is to explain the same.

Criminal cases are of two kinds viz. summon and warrant cases. Unlike sec. 239 applicable to a warrant case, in a summon case there is no provision in CrPC available to the accused to provide a counter to the complaint for discharge. Once cognizance has been taken by the concerned magistrate (which happens on the basis of hearing just the complainant and his witnesses, if any and without hearing the accused) and the accused gets summoned, the concerned court, even though feels satisfied after hearing the accused that no case is made out, is helpless and can’t do anything but to frame the notice and start the trial. The defence extended in a summons case under sec. 251 of CrPC get recorded along with the notice and is not considered to drop the charges. This was not the case until the judgment of Hon’ble Supreme Court of India in case titled Adalat Prasad versus Roop Lal Jindal 2004 (7) SCC 338 came wherein it was said that the earlier review in K M Mathew’s case that no specific provision is required for recalling an erroneous order of issuance of process amounting to one without jurisdiction does not lay the correct law since in the absence of any review power or inherent power with the subordinate Courts, the remedy lies  in invoking section 482 of the CrPC to revoke or recall an order of issuance of process by the magistrate under section 204 CrPC.

In view of the above when the court, predecessor to the present one, took cognizance of the complaint filed by Mr Pawar Khera and issued process under section 204 CrPC summoning Mr Arvind Kejriwal, the only way available was either to challenge the issuance process or file a petition under section 482 of CRPC before Hon’ble High Court of Delhi for quashing of the complaint and processes originating therefrom. It was precisely this position of law which did not allow the ld. Court, as recorded in the order dated 26th of October 2013, to adjudicate our arguments extended before the Hon’ble court and the point of locus of Mr Pawan Khera in view of sec. 199(1) of CrPC and the judgement of Hon’ble Bombay High Court in the case titled “Balasaheb Keshav Thakrey versus state of Maharashtra” to 2002 Lawsuit (Bom) 1150. In this case was clearly held that the term “the person aggrieved” does not include anyone but the person defamed unless the person so defamed is under the age of 18 years or is idiot or a lunatic or is from sickness or infirmity unable to name a complaint or woman who according to the local customs and manners ought not to be compelled to appear in public in which case some other person may with the leave of the court make a complaint on his or her behalf. Ms. Sheila Dixit in my opinion does not fall in any of these categories unless Mr Pawan Khera has reasons to believe/prove so and hence cognizance of complaint of Mr. Khera for defamation of Ms Dixit is bad in law.

For the reasons above, we have decided to move to Hon’ble High Court of Delhi for quashing of the complaint and the processes originating therefrom under section 482 of CrPC. I have firm belief that the cognizance and summoning orders suffer from serious legal infirmities as they are devoid of legal merits and will not withstand judicial scrutiny of Hon'ble High Court of Delhi. And for such wastage of precious judicial time lower judiciary needs to be more sensitised.

Saturday, May 11, 2013

A succinct analysis of the famous judgment of Hon'ble Justice Mr. G P Mittal in the Constable Tomar Case

Judgement in the case of Shantanu Kumar and Ors. versus UOI and Ors bearing case number W.P. (CRL) 15/2013 wherein implication of 8 young boys for the death of Constable Sri Tomar was challenged by the way of a criminal writ was pronounced today (was reserved on 20.03.2013).
The Hon’ble court in its wisdom opinionated that asking for quashing of FIR at this stage is premature (probably because charge sheet is yet to be filed), but the good news for the eight boys who were implicated with a charge as severe as murder of Constable Tomar, is that it has been confirmed that they won’t be proceeded against u/s 302 of IPC and if at all the case proceeds against them beyond the stage of framing of charge, it would be for violation of Section 144 Order and other associated offences.
The Hon’ble Court has also clarified that since Section 144 imposition during the famous December 2012 protest around India Gate is already under challenge in Delhi High Court, the Hon’ble Court opted not to venture in that direction and left it for the respective bench to decide.
Though in our considered view, the Hon’ble High Court missed an opportunity to fix the Delhi Police for its grave wrongs and failures in ensuring the uninterrupted enjoyment of Constitutional Rights by the citizens of Delhi, but for the eight boys it surely comes as a great respite because of the confirmation of dropping of Section 302.
Since the Hon’ble High Court did not touch the question of inefficiency of the Delhi Police and the exposed conspiracy to kill the movement by arresting these eight youths for the charge of murder of Constable Tomar who was not only not murdered by these eight young men, he was murdered by no one and died his natural death because of Cardiac Arrest, we are contemplating on further legal action including lodging of an FIR against the Delhi Police Commissioner for his attempt to malign the eight boys with absolutely baseless and now dropped charge of murdering Constable Tomar.

Sunday, April 28, 2013

Respose to Mr. Sanjeev Sabhlok's criticism of AAP being socialist

My dear friend Sanjeev Sabhlok for long has been criticizing Arvind Kejriwal for long without knowing him and this blog he published to tell the entire world that Arvind kejriwal is a disaster but he published only his emails and not the entire conversation. I resisted for long and kept telling Sanjeev the truth but he refused to listen and understand. For me no one, including me myself, is ABOVE THE NATION and hence FOR THE FIRST TIME I had to state the truth for making people understand the truth behind such views of Sanjeev Sabhlok. Please read the entire conversation to understand the naked truth. Of course, Sanjeev is a brilliant person and his brilliance so far has DONE NOTHING FOR MOTHER INDIA.

Sanjeev published Correspondences which he had with Mr Sushil Jain, a friend and great promoter of spirituality based wisdom, but he published only his emails and not what Mr Jain wrote to him and thus Sanjeev brought only half-truths out.
Sanjeev published his emails to Mr Jain at http://nblo.gs/KHsu4.
What Mr Jain wrote to him is reproduced below and what conversation took place among Sanjeev myself and other common friends on Facebook is reproduced thereafter.

Somnath Bharti:

Sanjeev, I just received a copy of your interaction with that someone Mr. Sushil Jain which you should have published along with your emails for doing justice to the readers.Thanks Sanjeev,
Appreciate your response and intention for doing good work for the nation.. I get your mails on Vedic wisdom for a long time now.

But I am really surprised to know that there is no common ground between what you are trying to do and what others do... Basic spiritual wisdom says that we all have the same intention, competence may be different. I also happen to know Arvind Kejriwal from 2000, the year he started working as Parivartan.... I never felt the way you feel about him. He certainly has a focus and proceeds with it with clarity and conviction. He has sacrificed so much on the way..but built a credible standing for himself...

If we keep treating/doubting each other like this then the how you going to bring a change... What I see everywhere is that everyone wants to work for the nation but in their own way, in the name of their organisation. As soon one starts an organization then one needs funds and start asking for funds... It is waste of energy and resources...Why not work together.. if the focus is Nation building, serving others... Let us use the wisdom...

My primary work is to promote Wisdom Anchored Value Education (knowing self and wisdom of life).. in colleges/universities... It is very important to understand and experience self and wisdom of life to see the larger picture and role in this wonderful world... I wish to see everyone working together, in joy and happiness, rising above the conditioning/egos...

Regards /best wishes
Sushil Jain

Sanjeev Sabhlok
Somnath, I do not agree with Mr Jain and have offered to explain to him over phone if he is interested. This is not about "everyone wants to work for the nation but in their own way, in the name of their organisation". That has NEVER been the way I work. Organisations are irrelevant. Only ideas matter. This is all about the right ideas for India. Arvind has consistently brought socialist ideas to India, and has NEVER taken any interest in learning about good governance frameworks. I'm just making clear that point again - which I've already made in the past. Nothing new in what I've been saying for 15 years.

Somnath Bharti
It is high time that we all come out of our cocoons and keep our himalayan sized egos aside and get along with Arvind Kejriwal- the only visible and credible force against the established political parties who have done nothing but raped MOTHER INDIA day in and day out and because THEY HAVE CBI and POLICE in their hand they go unpunished. You have time and again said that Arvind is a good person then everything else are a mere formality.

Sanjeev Sabhlok
Somnath, I am firmly supporting Narendra Modi in 2013/14 and will thoroughly oppose socialist AAP in every way. Just being a good person has never been my criteria, and I have repeated 1000 times. It is the right IDEAS I look for.

Somnath Bharti
So you have forgiven Modi Ji for Gujarat riots which you have so severely criticized in the past.

Apoorv Bhat
Sanjeev Sabhlok: Supporting Modi? Thats a bummer.. Do not allow Baba Ramdev to influence you so much.. Modi is not a party, BJP is the party.. You have called them traitors and super corrupt in the past.

Sanjeev Sabhlok
Please keep in touch with my views on my blog. I have commented on this recently. More importantly, Modi wants limited government. And Modi has capacity to deliver.

Somnath Bharti
I thought that you are like sea-water, whenever and wherever you taste, it will always be salty....as we say about Lord Buddha......but no lust for power has made you compromise your values and unfortunately you hv taken whole of FTI for a ride....I find you dictatorial than anyone else. Why don't you ask Shantanu to publish his experiences of meeting with Arvind?......why dont you publish all internal messages exchanged between FTI members on your dictatorial approaches on ideas......many FTI members have confided in me that everything is driven by YOUR IDEAs in FTI/SKC.......still there is time, IF your priority is MOTHER INDIA then show your leadership, come back to India, be with the people, know their problems, be in the dirt and get dirtied, politics happen on the ground and not on the blog or FB. Try to remain hungry for a day to understand how does crores of Indian feel going empty stomach countless nights......for god sake, don't preach the hungry about nutritious food, GIVE THEM FOOD NOW........there is a time for everything?....we all know that without good policies India cant be taken out of comma it has been put into BY CONGRESS/BJP and other political goons but let the right time come.

Apoorv Bhat
You dont mind a Modi who claims to be wanting 'Limited government'. Has he done anything to reduce the size of government in Guj? Have you ignored the way he favours the Ambani's and Adani's? Isnt crony capitalism the enemy of capitalism?

You dont mind supporting modi(all whose claims are doubtful and has no clear blueprint), but still have serious problems with AK who wished to reduce the Size of governments too.. Quite Radically in fact, if i may add.. Courtesy Swaraj..

BTW AK's blueprint (Swaraj) is out in the open...Open for public debate and discussion. Modi's solution to all of India's problems is, well NaMo himself.

Harsh Vora
Somnath Bharti - Kejriwal is a very good man, no doubt. But him coming to power will bring about the same results India has had since independence. Let us make that clear: We do NOT want a large bureaucracy which will ultimately only create inefficiency and poverty. Socialism, of which Kejriwal is a big advocate, will take us back to the 70s era. Thus, it makes much more sense to collaborate with organisations that largely support capitalism, for e.g. Modi - in the interest of a prosperous India.

Somnath Bharti
Harsh, how much time you have spent with him? The party was born on Nov 26, 2012. Don't be impulsive, wait and watch if you can't decide now. People who have opposed Arvind have opposed for laughable reasons like he didnt respond to their emails or phone calls etc. Come on, task is gigantic and it needs gigantic and on the ground efforts. WE ALL HAVE TO UNITE. This is THE MAHABHARATA of 21st century and PANDAVAs won then and will AGAIN. Neither congress nor BJP have done THE MUCH NEEDED POLICE AND JUDICIAL REFORMS they want them to be tools in their hands to keep controlling people and administration. AAP's objectives is very clear to actualize for crores of Indians true meaning of DEMOCRACY.

Apoorv Bhat
Sanjeev Sabhlok: I am genuinely concerned with the possibility that AAP may adopt leftist economic policies.. But AK's swaraj is mindblowing and according to Shailesh Indian economy will "Sky Rocket".

But if the alternative to a possibly leftist AAP is Sanjeev's FTI. Then i am happy i chose to stick with my old friends at IAC (now AAP).. They atleast dont have double standards like you do..

Harsh Vora: please dont go by Sanjeev's reading and interpretation of AK's policies.. Read 'SWARAJ' yourself.. It may surprise you but he has criticized all of UPA's policies like NREGA, the concept of BPL etc etc.. He has also written against the concept of Planning commision.. Read Swaraj yourself..

The above conversation is going to be useful to anybody who has been accusing Arvind Kejriwal and AAM AADMI PARTY for being socialist and if time permits I will independently published an article to further clarify the socialist tag AAP is oftenly getting tagged with.

Sunday, March 17, 2013

Bhagat Singh, Raj Guru and Sukhdev- What to do with their legacy?

My heart is filled with joy by just imagining that fighters of the kind of Bhagat Singh and his friends ever existed in India. Legendary Bhagat Singh and his friends were much ahead of their time and any such thing gets their due only when their time comes. Power brokers of preindependence India never understood the meaning of patriotism or love for the motherland something which was deeply rooted in beloved Bhagat Singh and his friends. Situation today is no better. Today's power sharks are probably more dangerous than ever before and to counter them we must seek inspiration and blessings of Bhagat Singh and his friends. 
I'm scheduled to speak on the occasion of martyr day of Bhagat Singh, Raj Guru and Sukhdev and I have been observing my own within from the time I received the invitation. What words can describe the lives of these giants. Such are the occasions when you feel that how impotent words can be that they do not provide you the vehicle to bring out your deeper being to do Justice with the task accorded.

The dream which the gentleman dreamt of for India while fighting for her freedom is as unfulfilled as it was then. 

The question which we all need to answer together is that what sort of activities we need to undertake to advance the agenda for which they sacrificed their lives with no remorse whatsoever. It is said that the person who executed them was in tears seeing the joy, of being given an opportunity to sacrifice their lives for the motherland and the pain of leaving the gigantic task of freedom unfulfilled, in their eyes.
The politics and politicians of today have brought the nation to such a shame that I have no doubt that Bhagat Singh and his friends would have revolted in no less a manner than they did against the British.

With these thoughts I invite you to share with me your feelings on martyrdom of Bhagat Singh and his friends.