tag:blogger.com,1999:blog-74068880877892948632024-03-13T07:44:25.338+05:30learning and unlearningUnlearn to learn: The art of learning is in unlearning. We all say that learning is important and we keep learning throughout our life knowingly or unknowingly. But it is too rare to be heard that we have to learn the process of unlearning to learn new and better things. In my experience, unless we learn the unlearning trick, it is at times impossible to be in the learning mode. In fact, little deeper you delve into this and you will understand that unlearning is inherent into learning.Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.comBlogger89125tag:blogger.com,1999:blog-7406888087789294863.post-48842440969915099892013-10-29T07:21:00.001+05:302013-10-29T07:45:09.131+05:30Truth of defamation case filed by Mr Pawan Khera for defamation of Ms Sheila Dixit against Mr Arvind Kejriwal for calling her dalal<div dir="ltr" style="text-align: left;" trbidi="on">
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<span lang="EN-US">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.<o:p></o:p></span></div>
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<span lang="EN-US"><br /></span></div>
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<span lang="EN-US">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.<o:p></o:p></span></div>
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<span lang="EN-US"><br /></span></div>
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<span lang="EN-US">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. <o:p></o:p></span></div>
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<span lang="EN-US">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.<o:p></o:p></span></div>
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Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-31239705197740220062013-05-11T14:34:00.001+05:302013-05-11T14:35:58.290+05:30A succinct analysis of the famous judgment of Hon'ble Justice Mr. G P Mittal in the Constable Tomar Case <div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-family: Verdana, sans-serif; font-size: 13pt; line-height: 150%;">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).</span></div>
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<span lang="EN-IN" style="font-family: "Verdana","sans-serif"; font-size: 13.0pt; line-height: 150%;">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. <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: 150%; text-align: justify; text-justify: inter-ideograph;">
<span lang="EN-IN" style="font-family: "Verdana","sans-serif"; font-size: 13.0pt; line-height: 150%;">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. <o:p></o:p></span></div>
<div class="MsoNormal" style="line-height: 150%; text-align: justify; text-justify: inter-ideograph;">
<span lang="EN-IN" style="font-family: "Verdana","sans-serif"; font-size: 13.0pt; line-height: 150%;">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. <o:p></o:p></span></div>
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<span lang="EN-IN" style="font-family: "Verdana","sans-serif"; font-size: 13.0pt; line-height: 150%;">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.</span></div>
</div>
Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-36337922627858781662013-04-28T10:46:00.000+05:302013-04-28T10:54:25.476+05:30Respose to Mr. Sanjeev Sabhlok's criticism of AAP being socialist<div dir="ltr" style="text-align: left;" trbidi="on">
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<span style="font-family: Verdana, sans-serif;">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.</span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Sanjeev published his emails to Mr Jain at http://nblo.gs/KHsu4.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><b><span style="font-family: "Verdana","sans-serif"; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Somnath Bharti:</span></b><span style="font-family: "Verdana","sans-serif"; font-size: 14.0pt; mso-bidi-font-family: Verdana;"><o:p></o:p></span></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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, <o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Appreciate your response and intention for doing good work for the
nation.. I get your mails on Vedic wisdom for a long time now. <o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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...<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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...<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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...<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Regards /best wishes<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Sushil Jain<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><b><span style="font-family: "Verdana","sans-serif"; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Sanjeev Sabhlok</span></b><span style="font-family: "Verdana","sans-serif"; font-size: 14.0pt; mso-bidi-font-family: Verdana;"> <o:p></o:p></span></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Somnath Bharti <o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Sanjeev Sabhlok <o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Somnath Bharti <o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">So you have forgiven Modi Ji for Gujarat riots which you have so
severely criticized in the past.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Apoorv Bhat<o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Sanjeev Sabhlok <o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Somnath Bharti<o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Apoorv Bhat <o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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?<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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..<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Harsh Vora<o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif;"><br /></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Somnath Bharti<o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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<b><span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">Apoorv Bhat<o:p></o:p></span></b></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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".<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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..<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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..<o:p></o:p></span></div>
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<span style="font-family: Verdana, sans-serif; font-size: 14.0pt; mso-bidi-font-family: Verdana;">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.<o:p></o:p></span></div>
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Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-67151115417923787752013-03-17T10:02:00.002+05:302013-03-17T10:02:41.992+05:30Bhagat Singh, Raj Guru and Sukhdev- What to do with their legacy?<div dir="ltr" style="text-align: left;" trbidi="on">
<br />
<div style="text-align: justify;">
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. </div>
<div style="text-align: justify;">
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.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
The dream which the gentleman dreamt of for India while fighting for her freedom is as unfulfilled as it was then. </div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
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.</div>
<div style="text-align: justify;">
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.</div>
<div style="text-align: justify;">
<br /></div>
<div style="text-align: justify;">
With these thoughts I invite you to share with me your feelings on martyrdom of Bhagat Singh and his friends.</div>
</div>
Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-35107901672097557492011-08-30T16:17:00.001+05:302011-08-30T16:23:01.882+05:30Anna stir: IITians meet Advani<div dir="ltr" style="text-align: left;" trbidi="on">Advani meets the IIT students who were protesting outside his house in New Delhi and assures them of his party's support for a strong Lokpal.<br />
<div class="separator" style="clear: both; text-align: center;"><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dxArFL_AWD1B14PV8X7Khb9ehllFuDJ14meehkPepWLGLTSRbzEyxwX1fcot2ImC2rXBFjw4cgGjVp3ipdG2Q' class='b-hbp-video b-uploaded' frameborder='0'></iframe><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dyawes1wO1_AneweulGPpJOKYDotOaTmNvpDwkacqVAELziTUxxJOX901kyBmz1vQPyG9uOrF_9LBD-U5ttyA' class='b-hbp-video b-uploaded' frameborder='0'></iframe><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dy9xclaRJgnXswG58M-GL7iO096wFTnS4G0R-nP1rV24nHdoEa8KXQg5orYZffX6JJqQzRyJJcZ33hIB3sD3Q' class='b-hbp-video b-uploaded' frameborder='0'></iframe><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dy62w73EQ2xDkGwbau4UBsq6Fd4JAH7KUwLpsCTxamX1PD4dXoKgNWENGUrdmYAI55tyk0fPtX0fwEuXD132A' class='b-hbp-video b-uploaded' frameborder='0'></iframe></div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-22975518998067905762011-08-30T15:58:00.000+05:302011-08-30T15:58:50.789+05:30IITians meet Advani, seek BJP's support for Anna's Jan Lokpal<div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;"></div><table align="center" cellpadding="0" cellspacing="0" class="tr-caption-container" style="margin-left: auto; margin-right: auto; text-align: center;"><tbody>
<tr><td style="text-align: center;"><a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjVAzwWYhs_pnTzyO4vD3zVIQVq1Q_yV-3t31lF9r45wuNtkPM6z2IOKwjYY1mP3TvuznmSKOSSsQv-gRrLVc_1HujIChqGjdAnKC4HGUDsOxBkv4TG2ov9QYXdId1j0bT4pUvpAg0DqNI/s1600/IITianswithAnnaandArvind.jpg" imageanchor="1" style="margin-left: auto; margin-right: auto;"><img border="0" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjVAzwWYhs_pnTzyO4vD3zVIQVq1Q_yV-3t31lF9r45wuNtkPM6z2IOKwjYY1mP3TvuznmSKOSSsQv-gRrLVc_1HujIChqGjdAnKC4HGUDsOxBkv4TG2ov9QYXdId1j0bT4pUvpAg0DqNI/s1600/IITianswithAnnaandArvind.jpg" /></a></td></tr>
<tr><td class="tr-caption" style="text-align: center;">Alumni, faculty and students of IIT express support for Anna Hazare in New Delhi</td></tr>
</tbody></table><div style="text-align: justify;">A group of students from Indian Institute of Technology (IIT), Delhi held a protest march outside the residence of senior BJP leader L.K. Advani seeking party's support for <a href="http://indiatoday.intoday.in/site/story/anna-hazare-fast-day-eleven-continues/1/149168.html" mce_href="http://indiatoday.intoday.in/site/story/anna-hazare-fast-day-eleven-continues/1/149168.html" target="_blank">Anna Hazare's</a> Jan Lokpal Bill.<br />
<br />
Marching with placards, the students demanded that Hazare's Jan <a href="http://indiatoday.intoday.in/site/advanced_search.jsp?searchword=lokpal+bill" target="_blank">Lokpal Bill</a> be made into a law.<br />
<br />
Advani met the students and assured them of his party's support for a strong Lokpal.<br />
<br />
"There is no criminal law which exempts any one. even the Prevention of Corruption Act does not exempt the prime minister. On the Lokpal, we are of the view that the prime minister should be under the purview of the Lokpal," Advani told the students.<br />
<br />
The IITians' protests come a day after BJP top brass met Team Anna over the party's misgivings about certain provisions of the Jan Lokpal. The BJP on Thursday said that it was ready to support the Jan Lokpal Bill to the extent it does not dilute Parliament and the Constitution.</div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-61210854744610536832011-08-30T15:43:00.000+05:302011-08-30T15:43:10.789+05:30IITians plan march to Rahul home, cops nip it in the bud<div dir="ltr" style="text-align: left;" trbidi="on">News item in The Times of India dated 28.08.2011 reporting the police unlawful detention of IITians protesting in favor of a strong anti-graft law, the movement was led by Mr. Somnath Bharti (Advocate, Supreme Court and Partner, Bharti & Associates) capacitated as Secretary, IIT Delhi Alumni Association.<br />
<br />
<span style="font-size: 13px; font-weight: normal;"><span class="pubdate">Raj Shekhar, TNN</span><span class="separator"> </span><span>Aug 28, 2011, 02.41am IST</span></span><br />
<br />
<div class="mod-relatedtopics" id="mod-rel-ads" style="text-align: justify;"> <div class="mod-relatedtopics" id="mod-rel-ads"> <div class="header">Tags: <a href="http://timesofindia.indiatimes.com/topic/Lokpal-Bill">Lokpal Bill</a>, <a href="http://timesofindia.indiatimes.com/topic/IIT-Delhi">IIT-Delhi</a></div></div></div><br />
<div class="mod-timesofindiaarticletext mod-articletext" id="mod-a-body-first-para"> <div style="text-align: justify;">NEW DELHI: Anna's war against corruption formally reached the gates of IIT-Delhi on Saturday. A 1,000-strong crowd comprising present and former students of the institute gathered at the main gate in the evening, carrying the tricolour and shouting slogans. Their plan was to march towards Lutyens' Delhi and protest outside the residence of AICC general secretary Rahul Gandhi at 12, Tughlaq Road; but cops did not allow them to even begin the march. Dejected, the protesters tried to force their way out, after which many of them were detained. Even though students alleged that about 60 of them were picked up, cops said only 28 were detained and released later.Somnath Bharti, a past pupil and the coordinator of the protest, was the first to be detained. "We were roughed up and cops did not explain why we could not protest peacefully. They just told us that they had orders from their superiors. I want to know why they stopped us," said Bharti.The IITians tried their best to dodge the police by trying to sneak out in smaller groups and board the Metro to reach their destination. But the police soon got wind of the scheme and foiled their bid. Akshay, a 4 <span>th</span>-year student, said the police action was "unfair". "When everybody else is being allowed to protest, the administration is targeting us and stopping us from expressing ourselves," he said.Cops, on the other hand, claimed they had no prior information about the protest, nor did the students ever seek any permission to do so. "They were asked to take permission, specifying the area of protest; but a section of them refused to do so, which is why they had to be detained," said a senior officer.Elsewhere, a plan to protest outside the Congress office at 24, Akbar Road, was nipped in the bud when cops dispersed about 100 protesters, who had gathered there in the afternoon.Earlier in the day, DMRC, following a Delhi Police directive, shut down Patel Chowk, Central Secretariat Udyog Bhavan stations around 3pm. These were re-opened for public at 7pm. Earlier, four metro stations, namely Udyog Bhawan, Race Course, Jor Bagh on Gurgaon Line and Khan Market on Badarpur corridor, were closed as a precautionary measure following flash protests near residences of the leading political leaders.</div></div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com2tag:blogger.com,1999:blog-7406888087789294863.post-24489676820905179382011-08-30T15:40:00.000+05:302011-08-30T15:40:26.227+05:3038 IITians detained for protesting<div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;"></div><div style="text-align: justify;">News item in Indian Express reporting the police unlawful detention of IITians protesting in favor of a strong anti-graft law, the movement was led by Mr. Somnath Bharti (Advocate, Supreme Court and Partner, Bharti & Associates) capacitated as Secretary, IIT Delhi Alumni Association.</div><div style="text-align: justify;"> </div><div style="text-align: justify;"><span style="font-size: 13px; font-weight: normal;"><strong>Naveed Iqbal</strong> Posted online: Sun Aug 28 2011, 03:48 hrs</span></div><div style="text-align: justify;"> </div><div class="txt_print" style="text-align: justify;"><strong>New Delhi : </strong>Thirty-eight students of Indian Institute of Technology, Delhi (IIT-D) were detained for holding protests in support of Anna Hazare on Saturday. </div><div class="txt_print" style="text-align: justify;">More than 500 students and alumni of IIT-D shouting “Desh ka yuwa yahan hai, Rahul Gandhi kahan hai?” gathered at campus gate at 4 pm to march towards Rahul Gandhi’s house on Tughlaq Road.</div><div class="txt_print" style="text-align: justify;"> </div><div class="txt_print" style="text-align: justify;">Even though police detained some students, citing law and order problems, protests continued till late evening. The protesters were not allowed to proceed out of the campus.</div><div class="txt_print" style="text-align: justify;"> </div><div class="txt_print" style="text-align: justify;">Security, meanwhile, was increased at Tughlaq Road. The three Metro stations in the vicinity of Tughlaq Road — Patel Chowk, Udyog Bhawan and Central Secretariat — were also closed for three hours.</div><div class="txt_print" style="text-align: justify;"> </div><div class="txt_print" style="text-align: justify;">“We had permission from Rahul Gandhi’s office to meet him, even then some students were detained,” said a student of IIT who was among the protesters.</div><div class="txt_print" style="text-align: justify;"> </div><div class="txt_print" style="text-align: justify;">Secretary of IIT-D Alumni Association, Somnath Bharti, alleged that the detained students were manhandled by the police and forced into police vans.</div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-2561815707355934752011-08-05T12:03:00.000+05:302011-08-05T12:03:45.211+05:30Anna Hazare's message to the Nation for 15th and 16th August<div dir="ltr" style="text-align: left;" trbidi="on"><div style="text-align: justify;">Dear Fellow Countrymen,</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Though in my view Anna Hazare's approach is not a long term solution and apparently antithesis to the constitutional framework the founders gave to our nation India and even Anna or Arvind Kejriwal would not be very happy to resort to this mode of protest or bringing reforms but the way corruption and corrupt are getting stronger and stronger day by day and their shamelessness has crossed all the thresholds of morality, I am all for the Anna Hazare's movement.</div><div style="text-align: justify;">Anna Hazare has given the following message to the citizens of this country to wake them up from deep slumber they have been to maneuvered to be pushed into all these years.</div><div><h2 style="text-align: center;"><span style="color: blue; font-size: 13.5pt;">Anna Hazare's message to the Nation for </span><span class="Apple-style-span" style="color: blue; font-size: 18px;">15th and 16th August</span></h2><span class="Apple-style-span" style="color: blue; font-family: 'Times New Roman', serif; font-size: 18px;">My Dear Fellow Indians, A decisive battle against corruption has begun. We are not against any political party. We want systemic reforms. We want a corruption-free India. After all, what are the people asking for – a strong anti-corruption law which provides for honest and time-bound investigations and trials that result in jail for the guilty, confiscation of embezzled money and their dismissal from service? Are we asking too much? For two months, we were talking to the government. Government seems unwilling to take even small steps against corruption. Government appears insincere. We have met all prominent political leaders. We have tried everything. What do we do now? When I announced my indefinite fast from 16th August, the government threatened that they would crush us the way they crushed Baba Ramdev's peaceful agitation. Friends, this is a historic opportunity. We can't afford to lose it. We are determined to fight to the end. If they arrest us, we will peacefully offer ourselves. If they use batons and bullets, we will happily lay down our lives but will not leave the place. We will not retaliate. It will be a completely non-violent movement. “If you fast on 16th August, you will be crushed” – this is what they are saying. “We will impose section 144 on Jantar Mantar” – this is what they are thinking. But I say that if every citizen in this country takes off from his work from 16th August, comes on the streets in front of his house, at the crossing, with a tricolor in his hands shouting “Bharat Mata ki Jai” and raising slogans against corruption, they will fall short of batons and bullets. The government may arrest one Anna Hazare but how will they arrest 120 crore Anna Hazares? They may impose section 144 at one Jantar Mantar but will they impose section 144 on the whole country? And let me tell you – the police and army is with us. At traffic signals, policemen stop us, express their support and wish us well; at Raj Ghat, the policemen donated generously for the movement! So, will you take off from your work from 16 August? Will you descend on the streets with me? This year, the country will wait for 16th rather than 15th August. In solidarity, thanks Anna Hazare (Please make copies of this pamphlet and distribute it in large nos.) “WHY GOVERNMENT'S LOKPAL IS DANGEROUS???” Government's Lokpal is targeted against those who raise their voice against corruption rather than to punish the corrupt! The government's Lokpal bill covers only about 0.5% of public servants, yet it brings under its ambit virtually every citizen's group and organization, registered or unregistered, meant to serve the social sector. This raises a pertinent question -- whom is the Lokpal really targeted at? There are more than 1.25 crore central and state government employees. Out of this merely 65,000 Group A Central Government employees would be covered in the government bill leaving out all the lower officers and staff. This effectively means that there is no remedy against corruption that a common person faces daily in police, roads, industry, licensing, transport, roadways, municipality, rations, health services, education, pension, provident funds, Panchayat, forest department, irrigation department, etc. On the other hand, Lokpal would have jurisdiction over ALL NGOs, trusts, societies like Resident Welfare Associations(RWAs), big or small, whether registered or unregistered, whether they receive government funding or not, up to the village level! For instance, consider a group of citizens that unearths corruption of the Sarpanch and Block Development officer (BDO) in a village. The government's Lokpal can't take any action against the Sarpanch or BDO but it CAN lock up the group of HONEST active CITIZENS. Each and every association, like Resident Welfare Associations, Market Associations, even your neighborhood committees that organize festivals like Durga Puja, Ramlila, etc. would be under the purview of Lokpal. While there is no disagreement that the rot of corruption is also afflicting many societies, associations and NGOs, there already exists a plethora of laws like the Trust Act, Societies Act, FCRA, etc. to monitor them. Lokpal was originally intended for checking corruption in public servants. Regardless, if it is being extended to all associations of civil society, then why shouldn't it also cover all companies, businesses, political parties, and media houses? Government's Lokpal Provides Greater Protection to Corrupt! Provisions in the government's Lokpal Bill heavily favour corrupt public servants. Under this bill, a public servant accused of corruption is allowed to turn around and file a lawsuit against the complainant accusing him of filing a frivolous complaint. The government will provide a free advocate to the accused to help prove the citizen was wrong, while the citizen has to fend for himself. If the complaint proves to be frivolous, the minimum sentence FOR THE CITIZEN is TWO YEARS. But if the corruption charges are proved, the minimum sentence for the public servant is just SIX MONTHS! Will then any citizen dare raise a voice against corruption?</span></div><div><span class="Apple-style-span" style="color: blue; font-family: 'Times New Roman', serif; font-size: 18px;"><br />
</span></div><div><span class="Apple-style-span" style="color: blue; font-family: 'Times New Roman', serif; font-size: 18px;">With warm wishes</span></div><div><span class="Apple-style-span" style="color: blue; font-family: 'Times New Roman', serif; font-size: 18px;">Somnath Bharti</span></div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-6234406032867938512011-07-14T18:32:00.004+05:302011-07-14T19:42:22.898+05:30Again someone treaded his/her soul!!!<div style="text-align: justify;"><span class="Apple-style-span" style="font-family: 'Trebuchet MS', 'Nimbus Sans L', sans-serif; font-size: 13px;"></span><br />
<div style="text-align: justify;">Mumbai has been attacked again and then comes the same rotten promises of the politicians. How serious today's government is towards our safety and security of the nation can well be gauged from the fact that for no rhyme or reason they excluded CBI from the reach of RTI. I bet you watch these horrible pictures of our fellow brethren soaked in blood lying on the floor helpless. It cost us with 21 lives and hundreds injured. And 21 lives are not the only casualties. 21 families basically died with these 21 fellow citizens. </div><div style="text-align: justify;">Morning news items were pretty in contrast with each other. In Delhi police was busy catching and prosecuting women and their pimps for treading their bodies and in Mumbai someone who treaded his/her souls and assisted someone across or within our border actualize his/her ghastly plan of killing innocent and completely helpless fellow citizens. </div><div style="text-align: justify;">Everybody is talking of Pakistan and why USA is not doing anything against Pak. Probably in response and to restore the shaking faith back in USA, Obama Administration has stopped the delivery of 800 million dollars scheduled aid. But who is the biggest beneficiary of such terrorist activities??? Probe your within, analyze the facts/news and the answer would be right there before.</div><div style="text-align: justify;">Someone right within our country, someone high up has treaded his/her soul to make such attacks possible and rather than accusing Pakistan, our government and all of us need to locate these money-thirsty, nay blood-thirsty monsters. We need to fix our own country. USA had one 9/11 and no such incident after that. </div><div style="text-align: justify;">For someone, terrorism is hard core business for many purposes, two of which I can share here.</div><div style="text-align: justify;"><ol><li>Keeping the countrymen deep scared, instilling fear psychosis in their being so that their questioning tendencies go away. So that any uprising against corruption, against malpractices of the powerful stop and does not rise again.</li>
<li>With countries becoming nuclear enabled and empowered, the possibility of war has terribly decreased. Now all these countries know that one mistake by one country and the chain would start wiping out the total habitation off the earth. Hence no old time war would happen wherein they used small weapons to attack the other. Available information suggest that the nuclear arsenal, in possession with various countries, is good enough to wipe out the earth 15-16 times. I wonder why do we need so much nuclear arsenals, after all not everybody is Jesus Christ that a resurrection will happen and that too 15-16 times which even Jesus would have failed. In absence of such wars which were great markets of small weapons; these weapons now get used in the name of terrorism. I am sure that the persons involved in such businesses will realize someday their misdeeds. I have read that the king who ordered crucifixion of Jesus developed one life-time disease of washing his hands believing them to be stained with the blood of Jesus. </li>
</ol></div><div style="text-align: justify;">People behind such attacks are mentally and psychologically too ill. World leaders, if they wish to save the humanity from further proceeding towards the OBVIOUS destruction, need to come out of their tiny concepts of NATIONS and start thinking of the earth as ONE PLACE. I don't see any other way out of such insane acts. If you see, then please share your thoughts. I know that this wish of mine is too much to ask for and with such wishes I do carry the risk of getting termed crazy but I better be crazy than hopeless!!!</div></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com5New Delhi, Delhi, India28.635308 77.2249600000000128.405279999999998 76.9810245 28.865336 77.468895500000016tag:blogger.com,1999:blog-7406888087789294863.post-18279725705310752182011-07-13T15:57:00.008+05:302011-07-13T16:25:57.012+05:30If you are faced with or wish to initiate against someone a criminal prosecution<div style="text-align: justify;"><span class="Apple-style-span">More often than not, life brings to you situations where you felt that someone should be criminally charged for one or the other action but don't know what to do or how to start with. Then there are situations which life brings to you in though unfortunately when you have been charged rightly or wrongly with some criminal offence. In both the situations, the info given in the following paras will come to your aid. </span></div><div style="text-align: justify;"><span class="Apple-style-span"><br /></span></div><div style="text-align: justify;"><span class="Apple-style-span"><span class="Apple-style-span">Hon'ble Supreme Court dealt the above in great </span>detail in </span></div><div style="text-align: justify;"><span class="Apple-style-span" style="line-height: 19px; "><br /></span></div><div style="text-align: justify;"><span class="Apple-style-span"><span class="Apple-style-span" style="line-height: 19px; "><b>H.S. Bains, Director, Small Savings-cum-Deputy Secretary Finance, Punjab v. State (Union Territory of Chandigarh) 1980 (4) SCC 631</b></span> and stated thus:</span></div><div style="text-align: justify;"></div><div style="text-align: justify;"></div><div style="text-align: justify;"></div><div style="text-align: justify;"><span class="Apple-style-span"><br /></span></div><div style="text-align: justify;"><span class="Apple-style-span">It is seen from the provisions to which we have referred in the preceding paragraphs that on receipt of a complaint a Magistrate has several courses open to him. He may take cognizance of the offence and proceed to record the Statements of the complainant and the witnesses present under Section 200. Thereafter, if in his opinion there is no sufficient ground for proceeding he may dismiss the complaint under Section 203. If in his opinion there is sufficient ground for proceeding he may issue process under Section 204. However, if he thinks fit, he may postpone the issue of process and either enquire into the case himself or direct an investigation to be made by a Police Officer or such other person as he thinks fit for the purpose of deciding whether or not there is sufficient ground for proceeding. He may then issue process if in his opinion there is sufficient ground for proceeding or dismiss the complaint if there is no sufficient ground for proceeding. On the other hand, in the first instance, on receipt of a complaint, the Magistrate may, instead of taking cognizance of the offence, order an investigation under Section 156(3). The police will then investigate and submit a report under Section 173(1). Oft receiving the police report the Magistrate may take cognizance of the offence under Section 190(1)(b) and straightaway issue process. This he may do irrespective of the view expressed by the police in their report whether an offence has been made out or not. The Police report under Section 173 will contain the facts discovered or unearthed by the police and the conclusion drawn by the police therefrom. The Magistrate is not bound by the conclusions drawn by the Police and he may decide to issue process even if the Police recommend that there is no sufficient ground for proceeding further. The Magistrate after receiving the Police report, may, without issuing process or dropping the proceeding decide to take cognizance of the offence on the basis of the complaint originally submitted to him and proceed to record the Statements upon oath of the complainant and the witnesses present under Section 200 Criminal Procedure Code and thereafter decide whether to dismiss the complaint or issue process. The mere fact that he had earlier ordered an investigation under Section 156(3) and received a report under Section 173 will not have the effect of total effacement of the complaint and therefore the Magistrate will not be barred from proceeding under Sections 200, 203 and 204. Thus, a Magistrate who on receipt of a complaint, orders an investigation under Section 156(3) and receives a police report under Section 173(1), may, thereafter, do one of three things: (1) he may decide that there is no sufficient ground for proceeding further and drop action; (2) he may take cognizance of the offence under Section 190(1)(b) on the basis of the police report and issue process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report: (3) he may take cognizance of the offence under Section 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200. If he adopts the third alternative, he may hold or direct an inquiry under Section 202 if he thinks fit. Thereafter he may dismiss the complaint or issue process, as the case may be.</span></div><div><span class="Apple-style-span"><p style="text-align: justify; ">Again in <b>Abhinandan Jha and Ors. v. Dinesh Mishra</b>, (supra) the question arose whether a Magistrate to whom a report under Section 173(1) had been submitted to the effect that no case had been made out against the accused, could direct the police to file a charge-sheet, on his disagreeing with the report submitted by the Police. this Court held that the Magistrate had no jurisdiction to direct the police to submit a charge-sheet. It was open to the Magistrate to agree or disagree with the police report. If he agreed with the report that there was no case made out for issuing process to the accused, he might accept the report and close the proceedings. If he came to the conclusion that further investigation was necessary he might make an order to that effect under Section 156(3). If ultimately the Magistrate was of the opinion that the facts set out in the police report constituted an offence he could take cognizance of the offence, notwithstanding the contrary opinion of the police expressed in the report. While expressing the opinion that the Magistrate could take cognizance of the offence notwithstanding the contrary opinion of the police the Court observed that the Magistrate could take cognizance under Section 190(1)(c)'. We do not have any doubt that the reference to 'Section 190(1)(c)' was a mistake for 'Section 190(1)(b)'. That appears to be obvious to us. But Shri Kapil Sibal urged that the reference was indeed to Section 190(1)(c) since at that time Section 190(1)(c) included the words 'or suspicion' and the Court had apparently taken the view that the Magistrate could take cognizance of the offence not under Section 190(1)(b) as if on a police report but under Section 190(1)(c) as if 'on suspicion'. We do not agree with this submission. Section 190(1)(c) was never intended to apply to cases where there was a police report under Section 173(1). We find it impossible to say that a Magistrate who takes cognizance of an offence on the basis of the facts disclosed in a police report must be said to have taken cognizance of the offence on suspicion and not upon a police report merely because the Magistrate and the Police arrived at different conclusions from the facts. The Magistrate is not bound by the conclusions arrived at by the police even as he is not bound by the conclusions arrived at by the complainant in a complaint. If a complainant States the relevant facts in his complaint and alleges that the accused is guilty of an offence under Section 307 Indian Penal Code the Magistrate is not bound by the conclusion of the complainant. He may think that the facts disclose an offence under Section 324 Indian Penal Code only and he may take cognizance of an offence under Section 324 instead of Section 307. Similarly if a police report mentions that half a dozen persons examined by them claim to be eye witnesses to a murder but that for various reasons the witnesses could not be believed, the Magistrate is not bound to accept the opinion of the police regarding the credibility of the witnesses. He may prefer to ignore the conclusions of the police regarding the credibility of the witnesses and take cognizance of the offence. If he does so, it would be on the basis of the Statements of the witnesses as revealed by the police report. He would be taking cognizance upon the facts disclosed by the police report though not on the conclusions arrived at by the police. It could not be said in such a case that he was taking cognizance on suspicion.</p><p style="text-align: justify; ">In case you wish to clarify any of your doubts in connection with the above, let me know.</p></span></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-33472795656735797812011-07-08T15:27:00.004+05:302011-07-08T16:04:52.062+05:30Are you in hurry to get a divorce?<div style="text-align: justify;"><span class="Apple-style-span">Divorce, a thing which was almost unheard of a decade ago and the pursuing parties used to be looked down upon then, has become so common these days that marriage as an institution seems loosing its importance in India. Marriage at one time considered to be an union of two souls to be continued for seven lives gets broken in India at the drop of a hat. Equanimity between the partners has become too remote a thing in today's era of only accumulation and no experience.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Believe you me, I have cases where exceptionally better off and intellectually sound people part ways on too insignificant developments which would have been OK between two friends and such cases sadden me. My approach to every case so far has been to reunite the couple if the differences have not taken them too far and is not beyond bridging. A good number of divorce cases I have succeeded to kill them right in my chamber and sent the couple back happy. But then there are the ones where keeping the parties together would only bring in more damages to them individually as well as to the people around their lives and these are the cases where amicable separation is to be advocated.</span></div><div style="text-align: justify;"><span class="Apple-style-span">There are two legal ways of obtaining divorce viz. contested and mutual.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Contested is too painful a process to go through and should be better avoided but cases where parties are not willing to cooperate and have declared war on each other, there is no other way.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Mutual is most respectful way of amicably settling the issues and separating with dignity intact.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Fortunately or unfortunately, even mutual takes minimum six months for the divorce to come through though it is way far better than 5-6 years of a contested divorce suit in getting decided.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Prior to a 2009 judgment of Hon'ble Supreme Court, the six months, statutorily provided period to separate the two motions of a mutual divorce case, the court used to be willing to waive off if the parties could be shown living separately for a longer period but post 2009 judgment of Apex Court, this possibility is no longer available except with the Apex Court itself.</span></div><div style="text-align: justify;"><span class="Apple-style-span">Since this holier-than-thou discretion the Apex Court reserved it for itself, people, wealthy and in hurry, seeking divorce use ways and means to utilize this discretion available with Hon'ble Supreme Court. One such instance I came across in the following case. In case you can't make out what I am hinting at please feel free to write to me.</span></div><div><span class="Apple-style-span"><span class="Apple-style-span" style="line-height: 24px; "><div class="doc_title" style="text-align: justify;font-weight: bold; margin-bottom: 10px; font-size: 1.1em; ">Priyanka Singh Vs. Jayant Singh on 10 November, 2009</div><div class="doc_bench" style="text-align: justify;margin-bottom: 5px; font-size: 1em; font-weight: bold; ">Bench: Harjit Singh Bedi, J.M. Panchal</div><p style="text-align: justify;">CIVIL ORIGINAL JURISDICTION</p><p style="text-align: justify;">TRANSFER PETITION (C) NO.400 OF 2009</p><p style="text-align: justify;">Priyanka Singh ...Petitioner Versus</p><p style="text-align: justify;">Jayant Singh ...Respondent ORDER</p><p></p><p style="text-align: justify;">1. This is a petition for transfer of Divorce Petition No.1118 of 2008 titled Shri Jayant Singh vs. Smt. Priyanka Singh pending in the Court of Civil Judge (Senior Division), Gautam Budh Nagar (U.P.) to District Court, Koderma (Jharkhand).</p><p></p><p style="text-align: justify;">2. While issuing notice, this Court stayed further proceedings of the divorce case. On 15.5.2009, the parties appeared in person and presented a joint application for grant of decree of divorce by mutual consent. However, as the averments necessary for making out a case under Section 2</p><p style="text-align: justify;">13B of the Hindu Marriage Act, 1955 (for short `the Act') were not made in the application, the case was adjourned with a direction to the parties to file an appropriate application. Thereafter, the parties jointly filed I.A. No.3 of 2009 with the prayer that their marriage be dissolved by granting a decree of divorce by mutual consent. They also filed an application (I.A. No.4 of 2009) under Section 13B of the Act for dissolution of marriage by a decree of divorce by mutual consent by stating therein that due to temperamental incompatibility, the parties have not been able to live together as husband and wife; that they have been living separately since 12.3.2005 and that the marriage is irretrievably broken down. It has also been averred that there is no chance of reconciliation between the parties and after due intervention of the family members and other relatives, they have decided to seek a decree of divorce by mutual consent. Both the I.As are supported by the affidavits of the parties.</p><p style="text-align: justify;">3. We have heard learned counsel for the parties and perused the record. Keeping in view the fact that the parties are living separately for last more than 4 years and 6 months and there is no chance of reconciliation between them and also the fact that they have agreed to dissolve their marriage by mutual consent without any coercion or undue influence, we deem it proper to accept the prayer made in the two 3</p><p style="text-align: justify;">applications for dissolution of marriage. Accordingly, Divorce Petition No.1118 of 2008 titled Shri Jayant Singh vs. Smt. Priyanka Singh pending in the Court of Civil Judge (Senior Division), Gautam Budh Nagar (U.P.) is transferred to this Court and marriage between the parties is dissolved by granting a decree of divorce by mutual consent in terms of Section 13B of the Act.</p><p></p><p style="text-align: justify;">4. The transfer petition is disposed of in the manner indicated above. ........................................J.</p><p style="text-align: justify;">[R.V. RAVEENDRAN]</p><p style="text-align: justify;">......................................J.</p><p style="text-align: justify;">[G.S. SINGHVI]</p><p style="text-align: justify;">New Delhi</p></span><span class="Apple-style-span" style="line-height: 24px; ">November 10, 2009</span></span></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com2tag:blogger.com,1999:blog-7406888087789294863.post-2799612027317707002011-01-25T22:04:00.000+05:302011-01-25T22:06:18.319+05:30One India, One Flag, One Law<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjSuDrXWTXXXyDrX90iB0t_0b3MxjtPByf4pbPpyHv1bVgZanRCeXg2XZsbCitPT3aHpwp_i41Ax3lR00ZzaZ6kyfXep9YOZ4afhWMzFz3DUK8_buxbAPBWgNzQSHbk-ymO3Tn9HHD-iPA/s1600/Protest-26_11-Kashmir-Indian-Flag.jpg"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 239px;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjSuDrXWTXXXyDrX90iB0t_0b3MxjtPByf4pbPpyHv1bVgZanRCeXg2XZsbCitPT3aHpwp_i41Ax3lR00ZzaZ6kyfXep9YOZ4afhWMzFz3DUK8_buxbAPBWgNzQSHbk-ymO3Tn9HHD-iPA/s320/Protest-26_11-Kashmir-Indian-Flag.jpg" border="0" alt="" id="BLOGGER_PHOTO_ID_5566163013310497282" /></a>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-29630413972931097692011-01-06T19:21:00.007+05:302011-01-06T19:57:10.871+05:30An Interesting Conversation, held on FaceBook, on various aspects of spirituality and philosophy<span class="Apple-style-span" style="font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px; color: rgb(51, 51, 51); "><h6 class="uiStreamMessage" ft="{"type":"msg"}" style="font-size: 13px; color: rgb(0, 0, 0); margin-top: 0px; margin-right: 0px; margin-bottom: 5px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; word-wrap: break-word; "><div class="actorName actorDescription" style="padding-bottom: 3px; "><span class="Apple-style-span" style="font-size: 11px; color: rgb(51, 51, 51); "><h6 class="uiStreamMessage" ft="{"type":"msg"}" style="font-size: 13px; color: rgb(0, 0, 0); margin-top: 0px; margin-right: 0px; margin-bottom: 5px; margin-left: 0px; padding-top: 0px; padding-right: 0px; padding-bottom: 0px; padding-left: 0px; word-wrap: break-word; "><div class="actorName actorDescription" style="padding-bottom: 3px; "><p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Yogesh Andlay:“That man is richest who, having perfected the functions of his own life to the utmost, has also the widest helpful influence, both personal, and by means of his possessions, over the lives of others.”<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">“Economic change is driven by individual ethical choices, not rational material interests.”<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">- From 'Unto this last' by John Ruskin published in 1860, a book that had profund impact on Gandhi ji<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Yogesh, interestingly of which almost all Indians are unaware of, Gandhi had his inspiration coming from Tolstoy, Ruskin and Thoreau. Strange that he found no Indian philosophers or Indian Philosophy worth inspiration!!!<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Yogesh Andlay: Not entirely correct. Needs to be explored further....<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Bhatnagar: Somnath ji, I am aware of Tolstoy's influence on Gandhi ji's formative years but Gandhi ji was also influenced by various scriptures like Gita and Bible.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Yogesh, an immediate proof of what I said is available in the book "Gandhi: the man, his people, and the empire By Rajmohan Gandhi". On page 182 Rajmohan writes "In his preface of the English Version (of Hind Swaraj), Gandhi writes that he has 'endeavoured humbly to follow Tolstoy, Ruskin, Thoreau, Emerson and other writers, besides the masters of Indian philosophy'. He names the Westerners, not the Indians, he refers to." Read the last line again.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Ji, he was greatly influenced by Bible from where he picked up "offer the second cheek" concept, though he never mentioned of it anywhere. His work no where reflects Gita. Recently I got hold of M O Mathai's (PS of Nehru) book (banned in India) and I was shocked to read about the fraud played upon India and its people by Gandhi and his team.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Bhatnagar: Gandhi ji mentioned that for him there was not much of a difference between Bible and Gita as he could derive from the other. One could not have claimed so with so much conviction unless one obviously was a student of both Gita and Bible. However, having said so, I personally feel it is not important which source our goodness comes from so long as it comes. His Holiness Dalai Lama says that the best religion is the one that brings out the best in us. Many people during my workshops do not like my reference to western sources. They are more interested in the source than in the values themselves. I think all great people like Gandhi are just the opposite: they are more focused on imbibing the right values irrespective their source. A vedic verse inspires us thus:" Let wisdom come from all directions".<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Anil, I am entirely in agreement with you but only with a rider. The freedom as to the source of the good/wisdom for an individual is worth a discussion as long as both are readily and equally made available but where one (Indian Philosophy) has been deliberately destroyed while the other (western philosophy) has been enthusiastically promoted, freedom of the individual is hardly a parameter. Lord Macaulay and his latest Avatar Kapil Sibal are hell bent on destroying Indian literatures. Are we giving our kids a free choice of Indian and Western? I am afraid that we are manufacturing our kids in a way that they will appreciate western thoughts and values only. The harm by this is not only to India and its rich civilization but to western too as generations there will never know the riches of Indian Civilization.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Yogesh Andlay: Just finished reading 2 of 3 chapters. Once you start reading it, you can't stop.... @Somnath: Here is the linkhttp://etext.lib.virginia.edu/toc/modeng/public/RusLast.html<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Anil, also on HH Dalai Lama, I had driven down to Dharamshala to meet him in person but returned without meeting him when I came to know that he eats meat in his lunch. For me, meat is to do with compassion rather than a food choice. The argument given by his followers was that they eat and not kill. Buddha's followers is exploiting one incidence of Buddha's life and teachings. I don't value much what HH Dalai Lama says because in my opinion he is one of those people who doesn't understand the basics of spirituality. Just by a following, no one becomes great whether it be Gandhi or HH Dalia Lama. In fact no one by following any one have ever become great. Christ was not a Christian and neither was Buddha a buddhist. One has to die to go to heaven.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Thanks Yogesh for sharing the link. It is indeed great reading Ruskin.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">D Rshobha Dani-arora: one doesn't agree with other person's opinion, he agrees with his own opinion expressed by someone else. If this is true, you reflect your fine personality in the quotes, Yogesh!<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Bhatnagar: Somnath ji, I am in complete ageement with you regarding your comment that meat eating is not just a food choice. I think it is indeed cruelty towards innnocent animals. However, are u sure about him eating meat in lunch? I once heard him confessing he used to do so in his childhood (which I presume meant that he does not do it now).<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">I agree that earlier invaders systematically destroyed Indian scriptures and today we are doing little to make our heritage be known to our children.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">I also agree with you that having followers doesn't necessarily make one truly a leader. However, I have been reading HH Dalai Lama's books on spirituality and they make lot of sense to me hence while loving you for who you are and respecting your views about him, I have difficulty accepting that he does not understand the very basics of spirituality...this appears to be an exaggerated judgement we can do without (By the way I am not his follower. He is only among the many I have read).<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Shailendra Jain: I am joining the discussion late. Gandhi read and internalized Gita. I have read Gandhi's commentary on Gita. Gandhi engaged in a very spiritually rich dialog with a Jain monk Raj Chandra (published in several languages).<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Gandhi was heavily influenced by Bhakti Marg Saints such as Nanak, Kabir, Tulsidas, Raidas and others.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Shailendra Jain: Is Indian philosophy and literature less accessible or relevant now? May be.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">During my thirty-three years of living in the USA, I see an increasing influence of Indian thought. This is happening not only in intellectual circles but also in popular media. Star Wars series of movies created by George Lucas had key concepts of "force", Jedai, and one-on-one coaching by "yoda" from Indian scriptures.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Lately, I am seeing Patanjali quoted more often.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Bhatnagar: I agree with you Shailendra ji. Even in Management we find stalwarts like Stephen Covey quoting from Gita, Vivekananda, Tagore and Gandhi.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Anil Ji, HH Dalai Lama and his followers do eat meat and they justify the same as shared with you earlier. In fact he had visited RadhaSoami Satsang Beas (they practice strict vegetarianism) sometime back wherein his followers were looking for eggs in the morning for his B/F. Because of my father, I have the quest of visiting any and every known living practitioner of Spirituality and sorry to say that majority barring a very few have been doing more damage than any benefit. Barring a very few, all start with a wrong premise; they want me to believe without going through the pain and labor of my own like Buddha, Mahavira, Nanak etc. that there is a God. And when you start with a premise like this then whole journey gets screwed up. And towards the old age, people get conditioned so much that they cling to the unverified believes which they are carrying along since childhood and give all sorts of explanations to save their ego. Like we tell our children that there is a God, Russians tell their children that there is no God and later on the grown ups of these societies debate in favor of such thrust upon believes as if they were their own findings.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Shailendra Ji, whether it be Gita or Bible, they are someone else's personal, original and first hand experiences and if someone tries to internalize them then s/he is just putting another layer of Mask and all such persons will be dangerous to one selves as well as to others. Spirituality is a journey which any desirous person has to undergo individually just as Nanak, Raidas, Kabir, Christ, Ram Krishna went all on their own with no help whatsoever from anywhere.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Anil Bhatnagar: I am in complete agreement with you Somnath ji on each word you have written. If Jesus was great that does not make all Christians great (and the same logic goes for Krishna and Hindus).<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Though I personally don't approve this cruelty on animals, however, I feel my compassion for animals and all living beings should extend to include even those who kill them and also to those who have no respect for my sentiments, values and beliefs.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">In Buddha's time, monks were allowed to accept meat since they were to accept whatever they were to get in alms (beggers cannot be choosers). This was mainly meant to make them reach beyong Raag and dwesha (eat even what you dislike the most as a mark of complete surrender and let go of what you like the most). But this does not hold good today when the scenario offers more options to them (searching for eggs when they are not available is just the opposite of this spirit and clearly shows raag or attachment).<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Spirituality is a personal search for meaning and life sustaining values It cannot be pasted from outside; it must grow from within. It is definitely beyond the inherited beliefs--as you have rightly pointed out<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Anil Ji, you have explained the small incidence of Buddha's time beautifully in which he had to permit eating of the meat dropped in the begging bowl of a monk by a vulture on his way back to the monastery as he had received nothing else that day because, as you have beautifully explained, Buddha did not want his monks to empower their minds by exercising discretion- a mark of complete surrender. Ahh, what a great way you have explained this part of Buddhism which is badly misused and exploited so badly by its followers. From outside, buddhus and buddhas look alike; both carefree but from inside, both are extreme of the possibilities available to each of the human beings.<o:p></o:p></span></p> <p class="MsoNormal" style="text-align: justify; "><span class="Apple-style-span" style="font-weight: normal;">Somnath Bharti: Yogesh/Anil/Shailendra, because our discussion led to many interesting facets which I think would be good for any seeker of truth, I need your permission to permit me post this entire conversation on my blog. If desired, I can suppress your identities.</span><o:p></o:p></p></div></h6></span></div></h6></span>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-59246704668080744312011-01-03T12:20:00.001+05:302011-01-03T12:22:17.468+05:30Wish you and all your loved ones a blissful, insightful and prosperous year 2011!!!<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgbZPZ3m7e0xh8SkopybT7LSFCej7qi9h9qOkOzLA7VwBfCajEAXS48TFx3bahm-EgFKCVxZ3y1buHfcxu1rpeWzs5BMxCKmlnEVIxDZ7-8hnpIYGli4L695P1-Ev-jLS5mNEDxtrpmSw/s1600/SAM_0693.JPG"><img style="display:block; margin:0px auto 10px; text-align:center;cursor:pointer; cursor:hand;width: 320px; height: 240px;" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhgbZPZ3m7e0xh8SkopybT7LSFCej7qi9h9qOkOzLA7VwBfCajEAXS48TFx3bahm-EgFKCVxZ3y1buHfcxu1rpeWzs5BMxCKmlnEVIxDZ7-8hnpIYGli4L695P1-Ev-jLS5mNEDxtrpmSw/s320/SAM_0693.JPG" border="0" alt="" id="BLOGGER_PHOTO_ID_5557848843622118706" /></a>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-11218904302507418842010-11-23T14:14:00.004+05:302011-01-03T12:20:36.391+05:30A trick to save time-rarest of all the commodities-on Facebook<div style="text-align: justify;"><span class="Apple-style-span" style="font-family: arial; font-size: medium; ">Have you ever wondered why Facebook does not have give an option of Select All while sending an invite to your FB friends? It's very frustrating to keep selecting them one by one. For reasons I had to contact all of them and faced the same frustrating problem and in fact many more people have faced similar problem as evidenced by a search on this on Google. My search took me to <a href="http://funkyplumbo.com/2009/04/21/how-to-invite-all-your-friends-on-facebook-to-your-event-in-one-go/">http://funkyplumbo.com/2009/04/21/how-to-invite-all-your-friends-on-facebook-to-your-event-in-one-go/</a> from where I have picked up the following paragraphs giving the solution.</span></div><div><span class="Apple-style-span" style="color: rgb(17, 17, 17); line-height: 19px; "><p style="text-align: justify;font-style: normal; padding-top: 2px; padding-right: 2px; padding-bottom: 2px; padding-left: 2px; "><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: medium;">he newly redesigned Facebook has led inviting members to an event/group/page to an even more complex process. Why can’t they just make a “select all” button? Initially I got tired of clicking several hundred times on all the pictures to invite people to my event, so I came up with this small piece of Javascript: </span></span></p><p style="text-align: justify;font-style: normal; padding-top: 2px; padding-right: 2px; padding-bottom: 2px; padding-left: 2px; "><span class="Apple-style-span"><span class="Apple-style-span" style="font-size: medium;"><span class="Apple-style-span" style="font-family: Courier, 'Lucida Console', 'Courier New', sans-serif; line-height: normal; font-size: 10px; ">javascript:elms=document.getElementById('friends').getElementsByTagName('li');for(var fid in elms){if(typeof elms[fid] === 'object'){fs.click(elms[fid]);}}</span></span></span></p><p style="text-align: justify;font-style: normal; padding-top: 2px; padding-right: 2px; padding-bottom: 2px; padding-left: 2px; "><span class="Apple-style-span" style="font-family: arial; font-size: medium; ">Go to your event/group/page, click invite people and then paste this snippet in the URL field of your browser.</span></p><span class="Apple-style-span"><div style="text-align: justify;"><span class="Apple-style-span" style="font-size: medium; ">Left-click the mouse in the URL field and hit Enter. Your invitations will not be sent yet, but all your friends will be selected. Click the “Invite” or “Send” button on the Facebook page to finally send the invites.</span></div></span><p></p></span></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-32286766597897437542010-11-15T03:51:00.002+05:302010-11-15T04:01:07.398+05:30How to type in Hindi in Facebook while browsing it using Google Chrome<div style="text-align: justify;">It's been quite awhile I moved to Google Chrome abandoning Firefox, IE and every other browsers for no major reason other than convergence of applications, I use, of Google. So far I have had no major problem other than my robo form and couple of other extensions not working with Chrome. Anyway, features like online bookmarks inbuilt with Chrome and it's finish prompted me to do the migration for once and all. Today I faced a major problem when I wished to share with my Facebook friends the experience of Lord Buddha in my own mother tongue ie. Hindi. Using Google Transliteration with Firefox I used to manage this but this simply refused to work in Chrome. After wasting almost 1 hour, I found out a Microsoft development called Indic Language Input Tool (ILIT) which is claimed to have been brought out by Microsoft in response to Google Transliteration and this did the magic. In case you are facing the same problem, please visit <a href="http://specials.msn.co.in/ilit/Hindi.aspx">http://specials.msn.co.in/ilit/Hindi.aspx</a> and secure your peace of mind. </div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-73020664224878585482010-11-01T14:35:00.002+05:302010-11-01T14:46:03.466+05:30A song by Dushayant Kumar- I was introduced to by Arvind Kejriwal during PanIIT 2010<span class="Apple-style-span" style="font-family: Georgia, Arial, georgia, sans-serif; font-size: 13px; color: rgb(85, 85, 85); "><div style="text-align: justify;">Arvind Kejriwal, <span class="Apple-style-span" style="color: rgb(0, 0, 0); font-family: arial, sans-serif; font-size: small; line-height: 15px; ">Ramon <em style="font-weight: bold; font-style: normal; ">Megsaysay award</em> winner, was invited to speak during PanIIT 2010 recently concluded on 31.10.2010 and he took the stage almost by storm. His brief talk on CWG scam and how clandestinely the government is handling this largest ever reported SCAM, followed by the recital of the following poem by Dushayant Kumar, mesmerized the audience and ALL sang the song together.</span></div><div style="text-align: justify;"><span class="Apple-style-span" style="color: rgb(0, 0, 0); font-family: arial, sans-serif; font-size: small; line-height: 15px; "> </span></div><div style="text-align: justify;">हो गई है पीर पर्वत-सी पिघलनी चाहिए,</div><div style="text-align: justify;">इस हिमालय से कोई गंगा निकलनी चाहिए।</div><div style="text-align: justify;"><br /></div><div style="text-align: justify;">आज यह दीवार, परदों की तरह हिलने लगी,</div><div style="text-align: justify;">शर्त लेकिन थी कि ये बुनियाद हिलनी चाहिए।</div><div style="text-align: justify;"><br /></div><div style="text-align: justify;">हर सड़क पर, हर गली में, हर नगर, हर गाँव में,</div><div style="text-align: justify;">हाथ लहराते हुए हर लाश चलनी चाहिए।</div><div style="text-align: justify;"><br /></div><div style="text-align: justify;">सिर्फ हंगामा खड़ा करना मेरा मकसद नहीं,</div><div style="text-align: justify;">सारी कोशिश है कि ये सूरत बदलनी चाहिए।</div><div style="text-align: justify;"><br /></div><div style="text-align: justify;">मेरे सीने में नहीं तो तेरे सीने में सही,</div><div style="text-align: justify;">हो कहीं भी आग, लेकिन आग जलनी चाहिए।</div><div style="text-align: justify;"><br /></div><div style="text-align: justify;">Whole world is watching the CWG Scam and how is the same being investigated by the government setup Shungulu Committee.</div></span>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-87718209492776870992010-10-22T14:33:00.005+05:302010-10-22T15:40:24.143+05:30Video of the event "Campaign-No to UID" held on Oct 16, 2010 at ISI, New DelhiThis video can be used by our Hindi-speaking countrymen who are the real target of UID and whose lives are in danger because of UID. The government is selling their death warrants in such sugar-coated capsules that they wont even notice that they have sold their freedom and lives to the whims and fancies of the corrupt leaders. Please use this video and spread the message to each and every Indian.<div><br /></div><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dxUd_rA2isLe7O7atbY_tlfx0yILKs7Ds4kPLLdbXFyV9-bVh97_pcsQ2aDzX6ZRiApmKpwMWhss3NIyYUjGw' class='b-hbp-video b-uploaded' frameborder='0'></iframe>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com1tag:blogger.com,1999:blog-7406888087789294863.post-67648184609116616272010-10-20T18:37:00.002+05:302010-10-20T18:41:36.714+05:30Unknown aspects of UID-the most ambitious project of UPA Govt<div style="text-align: justify;">UID, the most ambitious project of UPA government to convert every Indian to a 12 digits number, has been the concern of almost every Indian for reasons, good and bad. Before the project gets judged on merit, it is most important to know that the execution of project is unconstitutional as it does not have the legislative sanction. The parliament never debated on the project as it was never brought before the parliament to seek approval for the same. Stealthily it is being executed, in a complete undemocratic way. First time I got interested in knowing more about the project when a close friend Ram Krishnaswamy, an alumnus of IITM, shared with me few articles on UID, opposing the same which in absence of the correct information was an excellent thing as per my superficial understanding. When I read about it and the background in which it has been brought into execution and how hastily it is being rolled out in absence of a legislative sanction, I was horrified on the possible repercussions of this exercise. On 16.10.2010, I was invited to an event held at ISI, Lodhi Road, New Delhi to speak on techno-legal aspects of UID, there I learnt many new things from the fellow speakers. Following this, Mr. Rajesh Joshi- a journalist working with BBC Hindi approached to do a show radio show on the issue and having learnt many new things about UID, which made me believe stronger than ever that UID is a product of some big conspiracy between Govt and Corporations, I gave my consent to be on the program. Had to grapple in finding correct Hindi words substitutes but the program went well. Callers in the program were from places as remote as Madhepura in Bihar. It was horrifying to see that the whole country has been kept in dark and the government has made false promises to the nation that the UID number will solve the myriad of problems our fellow countrymen in rural India faces everyday. The entire program is presented below for your perusal. The original program is at</div><div style="text-align: justify;"><a href="http://www.bbc.co.uk/hindi/multimedia/2010/10/101019_indiabol_uid_audio.shtml">http://www.bbc.co.uk/hindi/multimedia/2010/10/101019_indiabol_uid_audio.shtml</a></div><div style="text-align: justify;"><br /></div><iframe allowfullscreen='allowfullscreen' webkitallowfullscreen='webkitallowfullscreen' mozallowfullscreen='mozallowfullscreen' width='320' height='266' src='https://www.blogger.com/video.g?token=AD6v5dxuORmskKg1JExhitK7gTZ-HD_nGcNdn4EzpsfjWE35AtsBFz0pwU_VEwrGPHMs0JRdWRInSfy6LW9mK_2_' class='b-hbp-video b-uploaded' frameborder='0'></iframe>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-22865529085959786182010-10-05T14:54:00.003+05:302010-10-05T15:08:37.964+05:30An information of immense utility: The days when famous markets in Delhi observe an off.<div style="text-align: justify;"><span class="Apple-style-span" ><span class="Apple-style-span" style="font-size: medium;">Recently, for reasons :-), for the first time in my life lived so far, I have been happy to go for shopping, though I have no sense of color or style and in fact I have been termed color blind by the loved ones. They fail to appreciate that by design I can't wear anything but black and white, in fact the day I moved to law the first thing I was happy about was not to waste any more time in order to chose the dress for the day. Even on occasions, I preferred wearing white and black but that won't do any longer, I have been clearly told. Hence my hunt for markets. First thing I had to consult the shopaholics to assess the market and what to buy from where and then was my sudden visits to those markets. One thing which came very handy was to know the days when specific markets observe their weekly off and I am sure that this information, mentioned below, will be of immense use/help to people like me who are not regular to these places and visit them for special occasions.</span></span></div><div><div style="text-align: justify;"><span class="Apple-style-span" ><span class="Apple-style-span" style="line-height: 16px; font-size: medium;"><br /></span></span></div><span class="Apple-style-span" style="font-family: arial, helvetica, clean, sans-serif; font-size: 13px; color: rgb(51, 51, 51); line-height: 16px; "><div style="text-align: justify;"><ol><li><span class="Apple-style-span" style="font-size: medium;">Gaffar Market (karol Bagh )Closed on Monday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Sarojini Nagar Closed on Monday</span></li><li><span class="Apple-style-span" style="font-size: medium;">South Extension Closed on Monday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Chandni Chowk Closed on Sunday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Daryaganj Closed on Sunday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Sadar Bazar Closed on Sunday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Lajpat Nagar Bhoghal Jungpura Closed on Monday</span></li><li><span class="Apple-style-span" style="font-size: medium;">Connaught Place Closed on Sunday</span></li></ol></div></span></div>Anonymoushttp://www.blogger.com/profile/02720940669000768359noreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-59962277039685981972010-10-03T15:46:00.000+05:302010-10-03T15:46:40.532+05:30A strange keyboard error which had such a simple fix but......<div style="text-align: justify;">There are times when simple things are really simple. My Laptop X61 went bad and hence had to be sent for repair to IBM. They wanted a Demand Draft of INR 1665/- just to examine what went wrong. And it took them more than a week to tell me that its motherboard needs a replacement. I was so disappointed to hear this from IBM, not because it was going to drill a hole in my pocket but because it took IBM more than 7 days to tell me what I was aware of on day one. And in fact that was THE SOLUTION but IBM was supposed to delve deeper and tell me more precise solution viz. the chip below the second fan has gone wrong which was the actual diagnosis which they did after I wrote a really nasty email. Anyway, that's IBM.</div><div style="text-align: justify;">In absence of my lifeline I got struck, lost many hours and then decided to revive my old Toshiba 17 inches monster P25-S5092. Somehow I have always been in favor of Linux, maybe because it gives me the freedom of modifying the kernel to give the OS a form of my liking and hence this monster was loaded with Linux. I had no way but to order (because I did not want to corrupt the beautifully modified Linux, Ubuntu to be precise) a new high capacity HDD and then get hold of a Windows XP. Everything went fine but on start the keyboard gave me a real tough time, other than alphabets all other keys were not in sync with my keyboard, e.g. @ and " had got interchanged. Tried hard, consulted some experts but no one could be of any help. Someone cursed Microsoft and advised me to switch over to Linux but he was not aware that Legal Software which are lifeline of my profession are not Linux-compatible and to make them run on Linux is too difficult a task like I have to wrap dlls to make them run in Linux which is also always successful anyway. As I usually say one has to die to go to heaven, I had to die and look for a solution myself, for these many hours I would have charged a client a huge sum.:-) </div><div style="text-align: justify;">Finally realized that it have something to do with keyboard type and this realization took me to Regional an Language Options available in Control Panel of Windows XP. There was my solution, I had to change the keyboard type from UK to USA and everything became normal. This brought an interesting question to may mind, why can't be have all English Keyboards of the world alike. But probably that won't be possible. Any guess, why?? </div><div style="text-align: justify;"><br />
</div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-70129282836752474652010-10-02T13:13:00.000+05:302010-10-02T13:13:23.039+05:30The ambitious project of Govt of India to reduce every Indian to a number.<div style="text-align: justify;">Nandan Nilekani of Infosys, also an IITian, is the man who will get a place in the history of India for him heading the mission of the government of India to reduce every Indian to just a number and as claimed all problems of this great country which has people like Kalmadi will disappear within no time. Nandan seems to be kidding or he has just got trapped in it, after all he enjoys the rank of a cabinet minister. When countries like USA, UK and Australia have decided to abandon all such projects in their country for the reasons of it being expensive and too intrusive in nature, India with a population, 50 times of that of Australia, has started afresh on the plan of reducing Individuals to numbers. Wastage of tax payers' money probably has become the rule than exception, examples are RTE, CWG and UID. In none of these projects, the Govt had taken any caution of the kind of a feasibility study or a cost-benefit analysis to ensure the proper utilization of the tax payers' money. Recently a press conference was called upon by who's who of the Indian Intellectual Society and the following was issued by them supposedly as a press release, I am sure that many of these names you might have already been familiar with.</div><div style="text-align: justify;"><br />
</div><div style="text-align: justify;">Here goes the release for your perusal and if you find your views in alignment then do take pain of writing directly to PM and UPA Chairperson to communicate your views because it is still not too late to halt the project and revisit the whole project and abandon the same if needed.</div><div style="text-align: justify;"> </div><div style="text-align: justify;"><!--[if gte mso 9]><xml> <o:OfficeDocumentSettings> <o:AllowPNG/> </o:OfficeDocumentSettings> </xml><![endif]--><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:TrackMoves/> <w:TrackFormatting/> <w:PunctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:DoNotPromoteQF/> <w:LidThemeOther>EN-US</w:LidThemeOther> <w:LidThemeAsian>ZH-CN</w:LidThemeAsian> <w:LidThemeComplexScript>X-NONE</w:LidThemeComplexScript> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w:DontGrowAutofit/> <w:SplitPgBreakAndParaMark/> <w:EnableOpenTypeKerning/> <w:DontFlipMirrorIndents/> <w:OverrideTableStyleHps/> </w:Compatibility> <m:mathPr> <m:mathFont m:val="Cambria Math"/> <m:brkBin m:val="before"/> <m:brkBinSub m:val="--"/> <m:smallFrac m:val="off"/> <m:dispDef/> <m:lMargin m:val="0"/> <m:rMargin m:val="0"/> <m:defJc m:val="centerGroup"/> <m:wrapIndent m:val="1440"/> <m:intLim m:val="subSup"/> <m:naryLim m:val="undOvr"/> </m:mathPr></w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" DefUnhideWhenUsed="true"
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</style> <![endif]--><span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";">The project that proposes to give every resident a `unique identity number’ is a matter of great concern for those working on issues of food security, NREGA, migration, technology, decentralisation, constitutionalism, civil liberties and human rights. The process of setting up the Authority has resulted in very little, if any, discussion about this project and its effects and fallout. The documents on the UIDAI website, and a recent draft law (the National Identification Authority Bill, which is also on the website) do not provide answers to the many questions that are being raised in the public domain. This project is intended to collect demographic data about all residents in the country. It is said that it will impact on the PDS and NREGA programmes, and plug leakages and save the government large sums of money. It would, however, seem that even basic procedures have not been followed before launching on such a massive project.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Before it goes any further, we consider it imperative that the following be done:</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Do a feasibility study: There are claims made in relation to the project, about what it can do for PDS and NREGA, for instance, which does not reflect any understanding of the situation of the situation on the ground. The project documents do not say what other effects the project may have, including its potential to be intrusive and violative of privacy, who may handle the data (there will be multiple persons involved in entering, maintaining and using the data), who may be able to have access to the data and similar other questions.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Do a cost:benefit analysis: It is reported that the UIDAI estimates the project will costs Rs 45,000 crores to the exchequer in the next 4 years. This does not seem to include the costs that will be incurred by Registrars, Enrollers, internal systems costs that the PDs system will have to budget if it is to be able to use the UID, the estimated cost to the end user and to the number holder.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • In a system such as this, a mere statement that the UIDAI will deal with the security of the data is obviously insufficient. How does the UIDAI propose to deal with data theft? If this security cannot be reasonably guaranteed, the wisdom of holding such data in a central registry may need to be reviewed.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • The involvement of firms such as Ernst & Young and Accenture raise further questions about who will have access to the data, and what that means to the people of India.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Constitutionality of this project, including in the matter of privacy, the relationship between the state and the people, security and other fundamental rights.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Questions have been raised which have not been addressed so far, including those about – </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Undemocratic process: UIDAI was set-up via a GoI notification as an attached office of the Planning Commission without any discussion or debate in the Parliament or civil society. In the year and a half of its inception, the Authority has signed MoUs with virtually all states and UTs, LIC, Petroleum Ministry and many banks. In July, the Authority circulated the draft NIA Bill (to achieve statutory status); the window for public feedback was two weeks. Despite widespread feedback and calls for making all feedback public, the Authority has not made feedback available. Further in direct contravention to the process of public feedback, the NIA Bill was listed for introduction in the Lok Sabha 2010 monsoon session</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Privacy (It is only now that the DoPT is said to be working on a draft of a privacy law, but nothing is out for discussion even yet)</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Surveillance: where this technology, and the existence of the UID number, and its working, could result in increasing the potential for surveillance</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Profiling</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Tracking</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Convergence, by which those with access to state power, as well as companies, could collate information about each individual with the help of the UID number.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> National IDs have been abandoned in the US, Australia and the newly-elected British government. The reasons have predominantly been: costs and privacy. If it is too expensive for the US with a population of 308 million, and the UK with 61 million people, and Australia with 21 million people, it is being asked why India thinks it can prioritise its spending in this direction. In the UK, the Home Secretary explained that they were abandoning the project because it would otherwise be `intrusive bullying’ by the state, and that the government intended to be the `servant’ of the people, and not their `master’. Is there a lesson in it for us? In the late nineties, the Supreme Court of Philippines struck down the President’s Executive Order A.O 308 which instituted a biometric based national ID system calling it unconstitutional on two grounds – the overreach of the executive over the legislative powers of the congress and invasion of privacy. The same is applicable in India – UIDAI has been constituted on the basis of a GoI notification and there is a fundamental risk to civil liberties with the convergence of UID, NATGRID etc.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> The UIDAI is still at the stage of conducting pilot studies. The biometric pilot study has reportedly already thrown up problems especially among the poor whose fingerprints are not stable, and whose iris scans suffer from malnourishment related cataract and among whom the incidence of corneal scars is often found. The project is clearly still in its inception. The project should be halted before it goes any further and the prelude to the project be attended to, the public informed and consulted, and the wisdom of the project determined. The Draft Bill too needs to be publicly debated. This is a project that could change the status of the people in this country, with effects on our security and constitutional rights, and a consideration of all aspects of the project should be undertaken with this in mind.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> We, therefore, ask that:</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • The project be halted </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • A feasibility study be done covering all aspects of this issue</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • Experts be tasked with studying its constitutionality</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • The law on privacy be urgently worked on (this will affect matters way beyond the UID project)</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • A cost : benefit analysis be done</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> • A public, informed debate be conducted before any such major change be brought in.</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> </span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> List of signatories of a statement on the UID</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Justice VR Krishna Iyer, Retired Judge, Supreme Court of India</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Prof Romila Thapar, Historian</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> K.G.Kannabiran, Senior Civil Liberties Lawyer</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Kavita Srivastava, PUCL and Right to Food Campaign</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Aruna Roy, MKKS, Rajasthan</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Nikhil Dey, MKKS, Rajasthan</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> S.R.Sankaran, Retired Secretary, Government of India</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Deep Joshi, Independent Consultant</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Upendra Baxi, Jurist and ex-Vice Chancellor of Universities of Surat and Delhi</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Uma Chakravarthi, Historian</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Shohini Ghosh, Teacher and Film Maker</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Amar Kanwar, Film Maker</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Bezwada Wilson, Safai Karamchari Andolan</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Trilochan Sastry, IIMB, and Association for Democratic Reforms</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Prof. Jagdish Chhokar, ex- IIMA, and Association for Democratic Rights</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Shabnam Hashmi, ANHAD</span></span><br />
<span style="font-size: small;"><span style="font-family: "Tahoma","sans-serif";"> Justice A.P.Shah, Retired Chief Justice of High Court of Delhi</span></span></div><div style="text-align: justify;"> </div><div style="text-align: justify;"><span style="font-size: small;"> </span> </div>Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7406888087789294863.post-84690275652865722912010-09-03T04:29:00.001+05:302010-09-03T04:35:16.654+05:30Your life-Accidental or essential?<div style="text-align: justify;">So far I was of the opinion that if something you were working at or you wanted to achieve did not succeed then the reason behind the failure is the little extra efforts which you failed to augment your already put-in efforts with but today I realized that that's not the case. I may be sounding mystical or mysterious. Let me explain it with an anecdote. An architect friend was once visited by a middle aged man and strangely he was holding an old antique piece of door nob in his hand. Architect after understanding his plot dimensions and the family size and their needs proposed few options but nothing seemed to interest the man at all. As usual, I interrupted noticing the gap between my architect friend and the man ever increasing and asked the visitor if the nob he was carrying along had anything to do with plan he wanted the architect to design and to the utter shock of my architect friend he nodded his head in affirmation. Upon inquiry he said that that nob was brought sometime back by his wife from some place, unheard of and none of the plans shows the possibility of fitting that nob anywhere. He wanted a plan which shows that nob getting used. This incident resulted in eruption of fountain of laughter from our within but at the same time it took me deep within because I found this happening in lives all around us. We meet a small success somewhere and then plan whole of our lives woven around that success. We want to ensure every piece of our lives so designed that the success must have its print on each of the pieces. This I call accidental life of which we all knowingly or unknowingly have been victims. On contrary to this, there is a life lived by the awakened called essential wherein the awakened lives effortlessly without any plan, without any expectation, without any opposition to what's happening and just by identifying THE PLAN and syncing his life with the same. This awakened man differs from us just by the kind of life he opts to live and with that comes entire gamut of heavenly pleasure and SAT-CHIT-ANANDA. Our never ending misery has its genesis in the accidental lives which we have built with our efforts. The moment we come to know of THE PLAN to sync our life with, miseries disappear within no time. This by no stretch of imagination should be interpreted to mean in-action on our part. This primarily means that we got to let ourselves be the vehicle for the purposes, THE EXISTENCE wishes to flow through us for. Such has been my life to a great extent though unconsciously and in the process I consciously notice the bliss I am inundated with all around my life. </div>Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-7406888087789294863.post-63067461158943320652010-08-28T16:06:00.014+05:302010-08-28T20:25:28.967+05:30How long the laws, the system, the society and the judiciary will continue to keep abusing the women in India by taking her side? Let her be free and she needs no mercy of you.<h3 class="post-title entry-title" style="text-align: justify;"><span style="font-weight: normal;">Just a day prior to the pronouncement of the insightful judgment by one of the finest Judges of Modern India, Justice S N Dhingra, I was arguing a case on similar grounds in the High Court itself. And my arguments, interestingly, were the same though the judge did not seem to appreciate my views though gave a patient hearing. Every now and then I am approached by the aggrieved husbands when their wives would like to use any and every legal remedy available in the statute books against the husband. This, by no means, should be interpreted to go against women as there have been a great number of cases which I have fought for and still fighting for the interest of women too. The approach of tit for tat in any relationship, matrimonial in particular, has always been the basis of destruction of relationship and of any bridge to bridge the developed gap thereof. In my aforementioned case. the estranged wife has been hell bent on teaching some sort of lesson to the husband for reasons best known to her and in pursuant thereof has been filing mindless cases against the man with every possible fora. The man could not get the divorce as he failed to prove to the satisfaction of the judge that desertion of his wife had no contribution from the husband and desertion so occurred amounts to cruelty to the husband. Anyway, the husband decided not to appeal against the dismissal (dismissed after 7 years) and this somehow has not gone well with the wife. And for no rhyme or reason she decided to use the new weapon called domestic violence Act, a recently enacted law for the rescue of the women, and filed a section 12 complaint against him. She also filed a fraud case for some transaction happened years ago between them having no bearing of any sort on any of them. She was awarded a maintenance order of 6000/- under section 24 as pendente lite maintenance against which she moved under Article 227 to Delhi High Court to get the same revised to a whopping amount of Rs. 60,000 where I am representing the man. Truly speaking, representing a man in a matrimonial affairs is considered to be a half lost case in the legal fraternity but such are the cases which interest me most. The moment I hear someone say a lost case or a half lost case and a sudden eruption of abound energy I get filled-in with. In the aforementioned case, attempts were made in Lok Adalat to get the matter settled by making the man give some money but the demand of the woman was too high to be matched. But on advises by friends, the man decided to pull all his resources together and borrow money from friends and family to end the 8 years old severe mental torture he was put under by the woman and decided to match the figure thrown by his estranged wife. The moment the woman saw he demand getting fulfilled and thus the 8 years old drama getting wrapped up for once and all, she withdrew herself from the deal and told the president of Lok Adalat that she is not ok with it and asked the matter to be referred back to the court to be decided on merits. 7 hearings of Lok Adalat for nothing??? I could see the man in deep turmoil but I had nothing to console the man with. When the matter came up before the judge in High Court on 26.08. 2010, the judge was told that the man runs very handsomely and hence needs to be told to be given minimum 60,000/- per month. I had few questions and was deeply concerned with the hell the man had to continuously be in for no direct fault of his, other than marrying this woman. The judge commented that my client i.e. the man was handsome and healthy and hence must be making good money. Do you see any logic? I don't. The judge was of the opinion that if no one runs a business for a profit of meager 12,000 INR a month. Do you find him true? I don't. The child of the couple which the lady denied to give to the man studies in a school where the tuition-fee is 20,000/- INR a month and hence the man must bear this cost. I don't see a logic in that. Do you? In India, schools for below 15 years and upto class 8th, at least after RTE act, can be availed for free, rather they would pay for coming to the school. At the same time, there are schools, affording which is much beyond an ordinary family's budget. One decides the luxury after gauging the inflow of the money and not otherwise. It's like that you wish to send your kids for foreign education and hence you demand a much higher salary, disproportionate to your capabilities. When we are striving for equalities amongst men and women, why can't the woman be made earn, that too when she is healthy and educated and she used to work prior to the marriage. If she wants not to give the child to the man and give the best of the facilities and education, she must put herself to some work. Why the whole burden be of the man while the woman rests and rusts.The judge wasn't willing to give up at all and want my client to shell out at least 25000/- which seems to be ridiculous in view of his present earning of 12000/- a month. On this note, the matter was adjourned for 15 days. I am sure that on the next date, I am gonna give many memorable moments to everyone in the court. </span></h3><h3 class="post-title entry-title" style="text-align: justify;"><span style="font-weight: normal;">No freedom comes cheap, if the women want to be free they need to accept the responsibilities too and it is well proven and established by the new age women we see around us. Many cases which I do of new age women, they don't want any maintenance at all and just want to have amicable separation. I really admire such women. I also admire judges of the flavor of Justice Dhingra who love speaking for truth and truth only....the following judgment drawn by him is an example of his exemplary understanding of the truth and aligning the judgment accordingly. </span></h3><h3 class="post-title entry-title"><u>Unemployed man can't be forced to pay maintenance to wife :DELHI HC</u> </h3><div class="post-header"></div><div align="justify"> Crl.M.C.No. 491/2009 Sanjay Bhardwaj & Ors. v. The State & Anr. </div><div align="justify">* IN THE HIGH COURT OF DELHI AT NEW DELHI <br />
Date of Reserve: 9th August, 2010 <br />
Date of Order: 27th August, 2010 </div><div align="justify">Crl.M.C.No. 491/2009 27.08.2010 </div><div align="justify"> Sanjay Bhardwaj & Ors. ... Petitioner <br />
Through: Dr. Naipal Singh, Advocate </div><div align="justify">Versus <br />
The State & Anr. ... Respondents <br />
Through: Mr. O.P.Saxena, APP for the State With Mr. Gajraj Singh, SI <br />
Mr. K.C.Jain, Adv. for the Complainant/Wife </div><div align="justify"><br />
JUSTICE SHIV NARAYAN DHINGRA </div><div align="justify">1. Whether reporters of local papers may be allowed to see the judgment? Yes. <br />
2. To be referred to the reporter or not? Yes. <br />
3. Whether judgment should be reported in Digest? Yes. </div><div align="justify">JUDGMENT </div><div align="justify">The present petition under Section 482 Cr.P.C. assails an order of interim maintenance under The Protection of Women from Domestic Violence Act, 2005 (in short Domestic Violence Act) passed by the learned MM on 16th January, 2008 and confirmed by the learned Additional Sessions Judge in appeal by order dated 29th February, 2008. </div><div align="justify"><br />
2. The petitioner was a Non-Resident Indian, working in Luanda, Angola in Africa as a Manager. He came to India taking leave from his job for marriage. Marriage between the petitioner and respondent no.2/wife was settled through matrimonial advertisement. The respondent wife was MA (English) and MBA. As per her bio-data sent before marriage, she was doing job with a Multinational Company. The marriage between the parties was solemnized on 14th May, 2007 at a Farmhouse in Vasant Kunj and was got registered on 25th May, 2007. The parties lived together for a limited period of 10 days i.e. from 15th May, 2007 to 19th May, 2007 and from 2nd June to 6th June, 2007. While the allegations of husband are that marriage failed within 3 weeks since the wife was suffering from a chronic disease about which no information was given to him before marriage and a fraud was played. <b><i><span style="color: red;">The allegations made by wife were as usual of dowry demand and harassment. Since the marriage did not succeed, the husband/petitioner filed a petition under Section 12 of Hindu Marriage Act for declaring the marriage as null and void and the wife first filed an FIR against the husband under Section 498A/406 IPC and then filed an application under Section 12 of Domestic Violence Act. </span></i></b></div><div align="justify"><br />
3. It is not relevant for the purpose of this petition to go into the details of allegations and counter allegations made by each other. Suffice it to say that the learned MM passed an order dated 16th January, 2008 directing husband to pay an interim maintenance of 5000/- pm to the wife. He fixed this maintenance without considering the contentions raised by the husband (as is stated in the order) that the husband lost his job in Angola (Africa) where he was working before marriage because his passport was seized by police and he could not join his duties back. After marriage he remained in India, he was not employed. In the appeal, learned Additional Session Judge noted the contentions raised by the husband that he had become jobless because of the circumstances as stated by him and he had no source of income, he was not even able to maintain himself and had incurred loan, but observed that since the petitioner had earlier worked abroad as Sales Manager and in view of the provisions of Domestic Violence Act, he had the responsibility to maintain the wife and monetary relief was necessarily to be provided to the aggrieved person i.e. wife. He observed that the wife was not able to maintain herself therefore husband, who earned handsomely in past while working abroad, was liable to pay `<br />
5000/- pm to the wife as fixed by the learned MM. <br />
<br />
<b><i>4. A perusal of Domestic Violence Act shows that Domestic Violence Act does not create any additional right in favour of wife regarding maintenance. It only enables the Magistrate to pass a maintenance order as per the rights available under existing laws. <span style="color: red;">While, the Act specifies the duties and functions of protection officer, police officer, service providers, magistrate, medical facility providers and duties of Government, the Act is silent about the duties of husband or the duties of wife. Thus, maintenance can be fixed by the Court under Domestic Violence Act only as per prevalent law regarding providing of maintenance by husband to the wife. Under prevalent laws i.e. Hindu Adoption & Maintenance Act, Hindu Marriage Act, Section 125 Cr.P.C - a husband is supposed to maintain his un-earning spouse out of the income which he earns. No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage. </span> If the husband was BSc. and Masters in Marketing Management from Pondicherry University, the wife was MA (English) & MBA. If the husband was working as a Manager abroad, the wife with MBA degree was also working in an MNC in India. Under these circumstances, fixing of maintenance by the Court without there being even a prima facie proof of the husband being employed in India and with clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary to law and not warranted under provisions of Domestic Violence Act.</i></b> </div><div align="justify"><br />
<b><i>5. We are living in an era of equality of sexes. The Constitution provides equal treatment to be given irrespective of sex, caste and creed. An unemployed husband, who is holding an MBA degree, cannot be treated differently to an unemployed wife, who is also holding an MBA degree. <span style="color: red;">Since both are on equal footing one cannot be asked to maintain other unless one is employed and other is not employed. As far as dependency on parents is concerned, I consider that once a person is grown up, educated he cannot be asked to beg and borrow from the parents and maintain wife. The parents had done their duty of educating them and now they cannot be burdened to maintain husband and wife as both are grown up and must take care of themselves. </span></i></b></div><div align="justify"><b><i><span style="color: red; font-size: medium;">6. It must be remembered that there is no legal presumption that behind every failed marriage there is either dowry demand or domestic violence. Marriages do fail for various other reasons. The difficulty is that real causes of failure of marriage are rarely admitted in Courts. Truth and honesty is becoming a rare commodity, in marriages and in averments made before the Courts.</span></i></b> </div><div align="justify">7. I therefore find that the order dated 16th January, 2008 passed by the learned MM and order dated 29th February, 2008 passed by the learned Additional Sessions Judge fixing maintenance without there being any prima facie proof of the husband being employed are not tenable under Domestic Violence Act. The petition is allowed. The orders passed by Metropolitan Magistrate and learned Additional Sessions Judge are hereby set aside. </div><div align="justify">August 27, 2010 </div>SHIV NARAYAN DHINGRA, J.Unknownnoreply@blogger.com0