Rejoinders / Letters to the Editor

Beef ban; Judiciary; Taliban Resurgence; Bharat mata ki jai?

Beef ban
If a man is killed, those who parcel out the dead man’s possessions are innocent of wrong doing. This seems to be the “thinking” underlying the Bombay High Court’s judgment that importing beef into Maharashtra and keeping it and consuming it are not unlawful. Anything goes except slaughter.
Mukul Dube, Mayur Vihar 1, Delhi 110091

Mockery of anti defection law
Politicians have made mockery of anti defection law. The burning example is  Uttrakhand assembly where cheer-haran of constitution took place and due to president rule Uttrakhand HC sarcastically observed “president is nothing His decision too can be judged….” (20 April).
S. Haque, Patna

Instead of shedding crocodile tears, CJI Thakur should fix judicial system Supreme Court continues to know xyz of law without knowing abcd of it ---- People in India and abroad may be tempted to think that Chief Justice of India (CJI) Tirath Singh Thakur is deeply concerned about proper health of judicial system in India hence with his choked voice coming close to tears and rubbing his eyes with his handkerchief, over the weekend, CJI implored Prime Minister Narendra Modi to double the number of judges serving in Indian courts. Speaking at a conference of Chief Ministers and Chief Justices of States on Sunday, Thakur reportedly made an emotional appeal to the government of India (GOI) to provide some respite to the serving judges, who are handling a preposterous number of cases, while tens of thousands of people are languish in jail without having been proven guilty. [How do you think the judiciary’s present strength of 18,000 can dispose of case pendency of thirty million?” - the CJI reportedly asked, looking towards PM Modi.] Anybody who has practiced law knows that the situation is not that simple as CJI erroneously think that by merely increasing the number of judges it will be solved. If CJI is really interested in improving the judicial system in India and in making it people & rule-of-law friendly then CJI by exercising all-pervasive powers of Supreme Court of India (SCI) under Articles of the Constitution - [Article 141 (Law declared by Supreme Court to be binding on all courts ), Article 142 (The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any cause or matter) and Article 144 (Civil and Judicial authorities to act in aid of the Supreme Court)] - should improve judicial system at-least on five counts as respectively given below, namely (i)- Asking High Courts to stop (by exercising their powers under Article 227, the power of superintendence over all subordinate courts by the High Court) the problem of illegal & too many adjournments being granted mischievously (to say the least) by presiding officers of Subordinate (District and Lower) Courts (ii)- Stopping ‘dadagiri’ & ‘manmani’ (arbitrary & unprofessional behavior) of advocates at the seats of District Courts, High Courts and Supreme Court (all Courts of appeal) by providing (by involving Bar Councils of India and of States) adequate facility of lodging & boarding at nominal cost and full
-fledged law library to advocates from small-towns at these seats of appellate courts (iii)- By upholding and ensuring rule of law & authority of courts (iv)- Stopping Bar Councils of India and of States from dealing in any manner the contempt cases against advocates and asking judiciary to take up contempt cases in future against advocates (v)- By making SCI and Delhi High Court real courts befitting rule-of-law :- (1)- High Courts should keep one separate Judge / Registrar who will check every case file which comes to High Court from Subordinate Courts in appeal, revision, writ etc in order to check whether presiding officer of Subordinate Court has granted illegal & too many adjournments in the case. If yes, then High Court should initiate disciplinary action against such guilty Judge of Subordinate Court. This one action alone will drastically reduce pendency of cases in Indian courts. Nobody says that judiciary should not have more judges but unless the said is done Judiciary / CJI has no right to demand additional Judges from GOI (2)- It is not merely one section of Judicial Community (the Bench) which needs improvement but Bar also requires it, equally. Advocates of small towns are not professionally competent and they spoil cases in lower courts to such an extent that it becomes difficult to rectify it at appellate courts because as the saying goes ‘neem hakeem khatar-e-jaan’ (half-baked knowledge is dangerous). Also ‘dadagiri’ & ‘manmani’ (arbitrary & unprofessional behavior) of advocates is there at the seats of District Courts, High Courts and Supreme Court (all Courts of appeal) because of their monopoly because advocates from small town cannot go to these appellate courts to fight the cases. This problem regarding advocates can be solved by providing (by involving Bar Councils of India and of States) adequate facility of lodging & boarding at nominal cost and full-fledged law library to advocates from small-towns at these seats of appellate Courts. (3)- Anybody who knows anything about law (which is State) knows that judicial system works properly only by upholding and ensuring rule of law & authority of courts. Without going into numerous cases where this is not being done the CJI should start the process of stopping this aberration at least from five cases:- (i)- The SCI should restore the status-quo-ante of Babri Masjid (which SCI is under legal obligation to do it otherwise it is criminal contempt of court by SCI under section 2 (c ) (i) of Contempt of Court Act, because Masjid was demolished in the presence of Supreme Court Observer on December 6, 1992). Moreover this non-restoration of status-quo-ante of Babri Masjid emboldened the Hindutva goons which (despite NHRC which is nothing more than a white elephant as explained at articleid=2425) resulted in riots / massacre in which thousands of innocent Indians mainly Muslims have been killed (and if not restored many more will be killed in future). (ii)- The most glaring example of communal prejudice of Indian State is post Babri-Masjid-demolition riots and serial blats in 1992 - 93 in Mumbai / Maharashtra. India is demanding extradition of Dawood Ibrahim from Pakistan as he was involved in serial blasts. But India has done nothing about Hindu accused mentioned in Sri Krishna Commission report. Hence in the interest of rule-of-law it is time SCI corrects this aberration of so -called secular Indian States. (iii)- The GOI can easily recover Rs ~ 1,000 Trillion (Lakh crore) tax money from tax evaders which will solve most of the problems of India, born out of economic hardship of India. This is mockery of rule of law and cruel joke on the law abiding citizens who pay tax. The SCI, like in so many cases, should take suo-motto cognizance of the cases registered at Delhi Police as mentioned at
-to-get-Rs--1000-Trillion-income-tax-as-Delhi-Police-steps-in_a31456. html vide Dy. No. is 6455/E-mail dated 11/04/2016 and vide Dy. No. is 6919/E-mail dated 19/04/2016. It hardly needs any mention that once SCI gets Rs ~ 1,000 Trillion tax money, the GOI will be ashamed to such an extent that it will immediately release funds required to improve Judicial Community (the Bench and Bar) as mentioned above at S. No. 1 & 2. (iv)- How much so-called secular Indian State of Hindu majority India has succumbed to ‘dadagiri’ of Hidus can easily be gauged from agitation by Hindus for reservation as was witnessed by agitation of Jats in Haryana, Patitdars in Gujarat, Gujjars in Rajasthan, Kapus in Andhra Pradesh etc in which hundreds have been killed and there has been huge loss of properties. What is worst now even those castes of Hindus (in the name of backward communities) are getting and demanding reservation which once ruled in India like Jats, Yadavs etc and which is constitutionally-objectionable discrimination against Muslims (the religious minority of ~ 200 million Indians). Hence (by again taking suo-motto cognizance of recent reservation related large-scale violence, loss of properties, including gang-rape in Haryana) entire reservation laws need to be quashed by SCI under Article 13 & 14 of the Constitution.
(v)- Two major massacres of minority communities by Hindus (in which thousands were killed) have taken place in India in 1984 against Sikhs in Delhi and in 2002 in Gujarat. But in both these cases section 129, 130, 131 of Cr. P. C. were not invoked and guilty District Magistrates and Military Authorities were not punished (District Magistrates even did not know from which nearest place to call military). With the result such massacre can take place in future too due to impunity to these authorities. Therefore SCI should reopen these cases and punish guilty District Magistrates and Military Authorities which will be the best guarantee against such massacres in future. (4)- )- The CJI must be aware that Bar Councils of India and of States function as agents of advocates to illegally protect the advocates especially in cases of complaint to these councils about professional misconduct of advocates and about contempt of court by advocates. This dereliction of Bar Councils has vitiated the entire judicial system and without rectifying it any hope for improvement of judicial system is nothing short of living in make-believe world. Therefor the CJI should stop Bar Councils of India and of States from dealing in any manner the contempt cases against advocates and should ask judiciary to take up contempt cases in future against advocates. (5)- In addition to other elements the judicial system is based fundamentally on two principles (i)- Court can never be in abeyance and (ii)- Court can never be under siege. But SCI and Delhi High Court are under siege of Delhi Police. Even during ‘Rajtantra’ people could approach the rulers (kings and emperors) freely for justice by pulling a rope for ringing the bell. But SCI and Delhi High Court are not the real courts befitting rule-of-law and people can go to these courts only when allowed by Delhi Police. This is done in the name of protecting these courts from terrorist attacks (in view of Jihadi terrorism emanating from Kashmir which has caused terrorist attacks all over India in which thousands have been killed). These courts should understand that if apex courts of India and of States (the courts of records and the personification of rule-of- law) are not fearless then how will they make Indians fearless? As far Jihadi terrorism the SCI should keep the following in mind:-
(i)- Jihadi terrorism emanating from J&K (mainly from Kashmir valley) is due to unresolved gory and chronic Kashmir problem. The territories of any country are mostly decided by military and not merely by mentioning in the Constitution or by unanimous resolution in Parliament that entire J&K (including POK) is integral part of India. Everybody knows that without unification of Kashmir there is no Kashmir solution but India has not retrieved POK so far. On the contrary instead of taking-on the military of Pakistan the military of India is showing its ‘bravery’ by training its guns on civilians under protection of AFSPA etc (with immense violation of human rights of the people of J&K especially of Kashmir valley). (ii)- The SCI should ask GOI - when will it retrieve POK (militarily or otherwise) in a time bound program ? So that the distortion which Jihadi terrorism has caused in legal system of India (including in implementation of criminal law, where raising of so-called seditious pro-Pakistan and anti-India slogans is a crime in JNU Delhi but not so in Kashmir, Jadavpur University, Kolkata etc) can be removed once and for all.
Hem Raj Jain, Bengaluru

Taliban Resurgence
Talibans are the native force of Afghanistan US is a foreign force, India's support to US is immoral US has successfully used India against Taliban. The prime minister Manmohan Singh of India had visited Afghanistan on behalf of US,US wanted to withdraw its forcrs from Afghanistan As it failed to contain Taliban The Taliban attacked 4 times Indian embassy The staff was also killed,We had to sacrifice Indians just to Please US.The US did not give any financial help to the families of deceased staff,A grat number of skilled and unskilled labours are working in Afghanistan, They  depend on the mercy of Taliban, The interesting point is The US has fully aware of the resurgence of Taliban and wants to start deliberations with Taliban by the by The US wants that India should stick to the old rusted policy of opposing Talban,As a matter of Fact India should start interaction with Taliban. Religiously Taliban are the followers of Deoband school of thought The Deobandi Ulamas can help Indian delegation in Talks,The BJP is a timid party they become tigers before Pakistan and become rabbits before China and US,This foriegn policy is much harmful to India The BJP junta should hand over the foriegn matters entirely to Muslims of India They can frame a useful foreign policy and safegaurd the Indian nation from the threats of Talban,Alqaeda and ISIS China US also Pakistan
Dr Maqdoomi Gulbarga 06/05/2016

The OCU chases smartphone makers for misleading advertising
The Organization of Consumers and Users of Spain (Organización de Consumidores y Usuarios de España, OCU) in its fight for the rights of consumers, does not give herself a break. This time smartphone makers are victims. The organization has just announced that it has initiated legal proceedings accusing them of misleading advertising when reporting the actual memory capacity of the mobile phones that they offer. As explained from the OCU, the memory device is one of the most important characteristics and influence on users when deciding to purchase a particular terminal or another, and in fact the difference in gigabytes between these devices is one of the reasons that justifies the price difference between the different models. However, the organization explains that, as proven in laboratory, the actual capacity of most market terminals in all cases is less than advertised. In some cases the difference between actual and announced memory can reach up to 78%, denounced the OCU. It seems that all smartphones come standard with a number of applications which occupy part of memory that the user can not uninstall. Although users are not reported truthfully on the memory capacity of devices, they accept the word of the manufacturer. The OCU has no doubt to qualify these cases as misleading advertising, and it has launched a new campaign under the slogan “Mobilize so they do not touch your gigas” and the hashtag #NoMeToquesLosGigas (dont touch my gigas) with which it encourages users to find out the true capacity of their mobile phones, on its website and to join the actions that OCU has initiated against 27 manufacturers, to demand them to rectify their advertising in an act of judicial conciliation, offering uninstall the applications that are preinstalled or a financial compensation to affected consumers.
Clemente Ferrer, Madrid, Spain

Legitimate demand of bank pensioners
Bank pensioners are pleading to revise their basic pension, merge Dearness allowance with Basic pension, Revise Pension with each wage revision settlements, however Ministry of Finance bluntly do not consider fair, legitimate demand of Bank pensioners Govt appears to be unaware about increasing Hospitalization cost, even Premium on Health insurance increases after age of 60, Pensioners have to look after children higher education, Marriage, etc. Pensioner finds difficult to live comfortable life. Bank executive who retired say 10 years back, gets less pension then senior Clerk who retired some months back,where is Justice ? Financial inequality gap is widening because of rigid attitude of Ministry of Finance towards employees, Bank pensioners.
Jagdip H Vaishnav, Mumbai

If Kejariwal right, political career of Modi, Sonia / Rahul Gandhi will be finished. Why AAP / Kejariwal not moving courts if degree of Modi is fake? After not demanding recovery of Rs ~ 1,000 trillion tax money AAP / Kejariwal fooling Indians again, on Modi’s post-graduation degree matter
(ii)- Who will believe AAP / Kejariwal who are not moving Courts despite degree of Modi is claimed to be fake? --- Delhi’s Chief Minister Arvind Kejariwal on Saturday during demonstration / public meeting at Jantar-Mantar, Delhi said that he got documentary proof from members of Congress Party from Gujarat (PM Modi’s native State) and otherwise also Aam Admi Party (AAP) has documentary proof that the post-graduation degree of PM Modi is fake and Delhi Police should behave in similar manner meaning that Delhi Police should arrest Modi and produce him before court in order to send Modi to prison as Jitendra Singh Tomar the former law Minister of Delhi  (of AAP) was sent to jail in June 2015 in fake degree case. At this public meeting Kejariwal also said that members of Congress party from Gujarat told him / AAP that that they gave this proof to Sonia Gandhi and Rahul Gandhi (the supreme leaders of Congress Party) but they did not take any action because Congress and ruling BJP are hands-in-gloves to protect the leaders of each other in criminal cases. This is not surprising because notwithstanding impression created by Sonia Gandhi that in 2004 she renounced power and gave it to former PM Manmohan Singh as a sacrifice in the interest of national service, the fact is that she was afraid to shoulder the responsibility of Prime Minister and this so-called renouncing the PM office was nothing but escapism. This is born-out from the fact that Sonia & Rahul Gandhi do not have good / welfare of India in their hearts and minds which is evident from the fact that it was known during UPA II from income tax returns that Rs. ~  1,000 Trillion of Income Tax can be recovered from black money from tax evaders in India itself, as mentioned below, but they did not do anything to constrain (which they were in position to) the UPA II government to recover this $ ~ 15 Trillion tax money. But what is surprising is that AAP / Kejariwal (who are enjoying power in Delhi etc due to anti-corruption and anti- black money agitations by BJP -agents Anna Hazare and Baba Ramdev who agitated against Congress led UPA II government but are not agitating against BJP led present NDA government for recovering Rs ~ 1,000 Trillion tax] also have not demanded the recovery of this Rs ~ 1,000 trillion Tax money (which proves that AAP / Kejariwal are also BJP-agents). Hence it is no surprise that AAP / Kejariwal have done the said drama at Jantar-Mantar to perfunctorily demand action by Delhi Police against PM Modi in this case of so-called fake degree. Had AAP / Kejariwal been serious about taking legally expected action against PM Modi in fake degree matter then in addition to filing complaint with Delhi Police by this time AAP / Kejariwal would have moved Subordinate Court (under the provisions of criminal law, imposed on Tomar) which sent Tomar to jail and High Court Delhi / Supreme Court under Article 226 / 32 read with 14 of the Constitution which guarantees fundamental right of equality before law and does not permit discrimination between Tomar and Modi in fake degree cases. But then it seems it is too much to expect, from AAP / Kejariwal, such integrity in public (political) life of India.
Hem Raj Jain, Bengaluru

Bharat mata ki jai?
Mr. Asif Jalal serving IPS/CBI, Delhi penned an article to support saffron ploy of chanting “Bharat Mata Ki Jai” in Indian Express 22 April 2016 declaring Deoband seminary is wrong because its Fatwa is not in consonance with Islam. What is now Bharat mata? How a idol goddess carved and declared it devi and puja is performed. Saffron group says it is not devi of Hindu but counry’s idol. For Saraswati Vandana saffron group pushed argument that Saraswati is idol of Education not of Hindus. Yoga is not puja but an exercise. Surya namaskar is a yoga. In a jana guthi / Ayurveda drugs etc een a drop of gau-mutra makes Haram. Mr. Asif Jalal trillions and trillions of Indian money stashed in forein banks whose money is this those who took al chanted Bharat mata ki jai. Sahara chief Subrato Rai began his every programme with puja of Bharat mata. Muslims know what Deeni samajh and what is Duniyawi Samajh.
S. Haque, Patna