tag:blogger.com,1999:blog-353897032024-03-05T13:48:02.576-08:00INDIAN LAW YBIndia's survival depends on RULE OF LAW. Democracy becomes meaningful only when rule of law becomes a reality. Judiciary and Legal Systems cannot be underdogs of Parliament and Executive, though theoretically, ostensibly, Parliament is declared as supreme.ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-35389703.post-42742448066545321822023-03-08T07:17:00.013-08:002023-03-08T07:49:50.209-08:00016 -200 Snippets of Text Expansion and Auto-Completion <img src='http://ayyo.x10.mx/pz/supcodome.jpg'></img>
The following are 200 snippets prepared by me , while studying a judgement of Supreme Court of INdia, relating to denomination Indian Currency Notes, made in 2016 November.
<br /><br />In 2023, the Supreme Court came out with a judgement, upholding the 2016 Demonetization , with 4:1 majority.
<br /><br />Leaving aside the foremost issue of examining the circumstances which have led to sufferings of millions of people, the judgement seems to have ignored "people's sufferings" as if demonetisation was necessary to save the country.
<br /><br />In Telugu language, my mother tongue, there is a proverb : "inTlO elukalu unnAyani, okaDu illu tagala peTTukunnADuta".
<br /><br /><b>Approximate English gist, to the best of my ability: </b>
<br />A person, having come to know that there are rats in the house, so as to get rid of them, set his home on fire. Most rats escaped through holes in the house, and rat-holes in the ground. The fire spread over the entire village, razing down almost all the houses.
<BR /><BR />Many petitions were combined resulting in a "generalised umberilla type judgement", which did not give the needed due importance to "issues of human rights". Tax evaders are like rats. To catch them, house cannot be set on fire. Mr. Chidambaram, former Finance Minister, one of the petitioners / or counsel for one of the Petitioners, seems to have raised more "technical issues", instead of dealing with "suffering of millions" and the "human rights". The judges seem to have spent pages to examine the pleadings of Shri Chidambaram.
<br /><br />I shall write more on this, after completing my study of the judgement.
<h3>ABOUT THESE SNIPPETS</h3>
<pre>
wpcldu=which can lead to boredom
wpcxldu=which can not lead to
wpcldudegm=which can lead to disengagement
ldudegm=lead to disengagement
ndxldudegm=need not lead to disengagement
zdxldudegm=should not lead to disengagement
ougxuldu=ought not to lead to
ougxuldudegm=ought not to lead to disengagement
ngvoucmz=negative outcomes
pstvoucmz=positive outcomes
pstv=positive
wiorcn=with our children
wiorowcn=with our own children
owcn=own children
witrowcn=with their own children
urmnc0m=to remain calm
rmn0=remain
urmn0=to remain
c0mac4pod=calm and composed
c4pod=composed
c4podmn=composed many
c4podm7=composed many
c4po=compose
c4pog=composiing
c4poz=composes
c4pon=composition
c4ponz=compositions
c4por=composer
c4pour=composure
hsc4pour=his composure
hrc4pour=her composure
trc4pour=their composure
qsc4pour=its composure
c4pot=composite
c4poe=compose a
c4poa=compose and
mkgor6lzuc0ryoutprpota9=making of rules to carry out the purpose of the Act
tprpo=the purpose of
c0rou=carry out
mkgo=making of
spfcya6tzz=specifically authorises
a6tsz=authorises
uwptpvsnzo=to which the provisions of
wpcfrztgnlr6lmkgpw=which confers the general rule making power
cfrztgnlr6lmkgpw=confers the general rule making power
cfrztgnl=confers the general
tgnlr6lmkgpw=the general rule making power
gnlr6lmkgpw=general rule making power
r6lmkgpw=rule making power
mkgpw=making power
cfrzt=confers the
qdlgtzutadmgauhy=it delegates to the administering authority
admgauhy=administering authority
tpwuf5amr6lz=the power to frame rules
tpwuf5amr6lzarglnz=the power to frame rules arglnz
arglnz=and regulations
uf5am=to frame
tpwuf5am=the power to frame
usbsvt=to subserve the
sbsvt=subserve the
sbsv=subserve
objaprpotA9=object and purpose of the Act
objaprp=object and purpose
c3auaot=clause (a) of the
c3aubot=clause (b) of the
c3aucot=clause (c) of the
c3audot=clause (d) of the
c3aueot=clause (e) of the
scndsbscn=second sub-Section
fisbscn=first sub-Section
jmry0ilsvot=is merely illustrative of the
ilsvot=illustrative of the
jmrly=is merely
mrly0=merely
mry0=merely
pwgvnurt=power given under the
pw0o=power of
tpw0o=the power of
tpw0zo=the powers of
tpwzo=the powers of
tpwzot=the powers of the
gvnurtfisbscn=given under the first sub-Section
tfsbscn=therefore , sub-Section
qexcsztsme=it exercises the same
tsmedlgdauhy=the same delegated authority
amkzohr6lz=and makes other rules
</pre>
<br /><b>HOW TO USE ABOVE SNIPPETS</b>
<pre>
I expect these snippets to work like text expanders.
I have tested these in GEANY a versatile IDE and Text Editor.
I have made about 415000 lines of these snippets during the last some years, as I was busy attending on my 95 year old father who passed away in Jan. 2022. I am myself 72 now.
These snippets are to be pasted in "snippets.conf" file of Geany. IN Ubuntu-linux, this snippets.conf file is usually a hidden file, in /home/(userid)/.config/geany folder. These 200 snippets can be copied from ere with Control C and pasted in the snippets.conf file with Control V. Pasting can be done anywhere in the file i.e. at the beginning, or at the end, or anywhere else.
Geany is available for Windows OS also. Pasting is to be done, by searching for the snippets.conf file, probably in C:\programfiles\geany or something similar. I am poor in Windows, relatively when compared to Linux. I believe that these snippets work in Windows also. These items can be tried in MS Word also by pasting in the appropriate file.
</pre><div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-74336814530183740362020-04-22T10:44:00.000-07:002020-04-22T10:44:13.213-07:00015, #015 How only Landed Caste Advocates get appointed as High Court Judges in Telugu States?<div dir="ltr" style="text-align: left;" trbidi="on">
<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEggGuDn3eBN4bLzyFi1F4IyB0AgOvcydKMaNGhjTtR6YNiBph_44wK5xpnE6XmEhAHbC8MmpbfIM_mTQb7_J-oKNOmK4mg07Jm6V86xShCz6yZGEKSZxgP0vYTJY-LVm5WgmNvTBg/s1600/johndalbertactonbritishmp_absolutepowertheorist.jpg" ></img>
<br /><h1>TODAY'S highlights: </h1><ol><li>IS THERE RESERVATION FOR LANDED CASTES IN INDIAN JUDICIARY?</li>
<br /><li>Clarification: I am aged 70. I have no personal interest in writing this essay of analyses/review. I am not in a queue to be appointed as judge of any Court . In a way, I am writing these blog posts, even at the cost of incurring the wrath-s of Courts. </li>
<br /><li>Aged persons have already become 'disposables' in the context of Covid-19. Hence, going to jail by writing truths, may probably result in some personal hardships in jail; but then what is the use of living like a 'disposable oldman who has no right even to cough' ? Therefore , I appeal to every person who reads my blog posts, not to get hurt. I have no malice against any individual. Whatever I write, I write as an atheist and Marxist. It is not that atheists and Marxists can throw stones on others. Nobody can throw stones on others whether Atheists-Marxists or not.</li>
<br /><li>Besides, my blogs nobody reads. My blogs are to me, like gasket release levers or safety valves of pressure cookers, to release some steam, to prevent explosions.</li>
<br /><li>According to News Reports Mr. Boppudi Krishna Mohan, Ms. K. Lalitha Kumari, and Mr. K. Suresh Reddy have been recommended by Supreme Court Collegium, to be appointed as Judges of Andhra Pradesh High Court, Amaravati .</li>
<br /><li>It is also reported that the Collegium approved the proposal for elevation of advocate B Vijaysen Reddy as a Judge of the Telangana High Court, Hyderabad.</li>
<br /><li>It is also reported that : CJI Bobde, Justices N V Ramana, Arun Mishra, R F Nariman and R Banumathi are the Collegium Members.</li>
<br /><li>So far so good. Every well-wisher of democracy in India supports the idea of a strong and independent Judiciary as a sine qua non for the success of "a Government of the people, by the people, for the people." I am not sure whether Abraham Lincoln the American President to whom this quote is attributed also dreamt of the Independence of Judiciary.</li>
<br /><li>It, probably, be in the interest of the Independence of Judiciary that the Collegium of Supreme Court Judges decides on the appointment of High Court and Supreme Court Judges . </li>
<br /><li>Supreme Court, has also invalidated a National Judicial Commission Law made by Indian Parliament which has tried to create an institutional mechanism for appointment of Judges to higher Judiciary .</li>
<br /><li>This self-assertion took place when the Central Executive (Which is Ruling Party and which Prime Minister is immaterial) desperately wanted to make the Supreme Court Judges malleable, pliable, and dancing to the Ruling Party 's tunes.</li>
<br /><li>"Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men...", thus observed John Emerich Edward Dalberg-Acton, a 19th Century British Historian.</li>
<br /><li>This wise saying can apply not only to Bureaucrats and politicians , but also to Judges , howsoever unbiased and wise they may be .</li>
<br /><li>Biases may take place unintentionally .</li>
<br /><li><h4>INSTANT CASE</h4>
Out of the four Judges appointed for the Telugu-Speaking States, two Judges are said to belong to Kamma caste, and two Judges are said to belong to Reddy caste. Both the castes are top landed castes of Andhra Pradesh and Telangana .</li>
<br /><li>Shri Boppudi Krishna Mohan --Kamma caste [also called Choudary caste].
Smt. K. Lalitha Kumari -aka- Lalitha --Kamma caste [also called Choudary caste].
Shri K. Suresh Reddy --Reddy Caste.</li>
<br /><li>[Telangana High Court]
Shri B. Vijayasen Reddy --Reddy caste . Also happens to be son of LokAyukta Judge Shri B. Subhashan Reddy . Another example of dynastic succession. Justice R. Subhash Reddy , Supreme Court Judge is reported to be the brother-in-law of Late B. Subhashan Reddy.</li>
<br /><li>All the four are advocates. They are not promotees from District Judiciaries. </li>
<br /><li>In the appointment of Judges to High Courts of other States also, a similar situation may be prevailing. In every State of India, we may find two or three dominant LANDED CASTES.</li>
<br /><li>Advocates of landed castes can endure the hardships of eking out livelihood as Lawyers easily, because they have untaxed agricultural sources of income. Besides, they can use their surpluses from Agriculture in other businesses, investment avenues such as Share Markets, using their spare time, when Courts do not function or when cases get adjourned .</li>
<br /><li>Lawyers from Landed castes tend to get more and richer clients and Corporates.</li>
<br /><li>Though, occasionally , there may be 'rags-to-riches' stories of 1st generation entrepreneurs , normally landlords of fertile / irrigated districts tend to start agrobased and other industries, Hotels, Private Colleges under Reimbursement Schemes, Hospitals under Government Schemes and get transformed into industrialists. Hence, there will be synergic relationships between landlords, industrialists, and landed-caste-lawyers. </li>
<br /><li>Most people belonging to poor and Lower Middle classes do not have capabilities to approach High Courts and Supreme Court , because poorer Sections of Society do not have the moolah to pay the various types of fees of Landed Caste Lawyers. Hence, Landlords and Industrialists, Corporate clients approach Landlord lawyers for filing petitions and appeals in High Courts and Supreme Court. </li>
<br /><li>To continue. Subject to corrections of facts and views.</li>
<br /><li><h4>References</h4>
1. <a href='http://problemsoftelugus.blogspot.com/search/label/754' target='_blank'>http://problemsoftelugus.blogspot.com/search/label/754 </a>
<br />2. <a href='http://problemsoftelugus.blogspot.com/search/label/737' target='_blank'>http://problemsoftelugus.blogspot.com/search/label/737 </a>
<br />3. <a href='http://problemsoftelugus.blogspot.com/search/label/587' target='_blank'>http://problemsoftelugus.blogspot.com/search/label/587 </a>
<br />4. <a href='http://problemsoftelugus.blogspot.com/search/label/871' target='_blank'>http://problemsoftelugus.blogspot.com/search/label/871 </a></li>
<br /></ol></div><a href='#'>go to top</a>
<br /></div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-37497872493641573002020-03-27T05:35:00.002-07:002020-03-29T09:46:57.463-07:00014 Independence of Indian Courts and Judges appear to be at peril owing to Temptations before Judges<div dir="ltr" style="text-align:justify;" trbidi="on">
<br /><div style='white-space:normal;'><h1>TODAY'S untrivia: </h1><h2>THE TELUGU PROVERB 'KUNJARA YUDHAMBU DOMA KUTTUKA JOCCEN', approx. Engl. equivalent 'A herd of Elephants entered into the throat of a mosquito', seems to apply to Retd. Supreme Court CJI.</h2><br /><br /><ol><li><p>Recommendation of 1st Law Commission, 14th Report, as explained by Late M.C. Setalvad, one of Constitution Drafters, 1st Attorney General , Chairman 1st Law Commission, 1st Chairman, Bar Council of India: '....The Commission had, after careful consideration expressed the unanimous view that the practice of Judges looking forward to or accepting employment under the Government after retirement was undesirable as it could affect the independence of the Judiciary. We therefore recommended that a constitutional bar should be imposed on Judges accepting office under the Union or State Governments similar to the bar in the case of the Auditor and Comptroller-General and members of Public Service Commissions. ...' </p>
<br /></li>
<br /><li><img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjaMDHyVfNT7BivuiSISTmnfUNYwRZPQy0MyIHzpfJgVh0uOfQmto6Aw_yc6gLkEaVklfrzEZop0XUeXUcvsNi7JP4kL5pS_TSuuXl5NqdNF8l2r6calVLVoF2LR1QrcmYZ8akFVA/s1600/1staramnathkovindEast.jpg" style='float:right; margin-left:15px;''></img>
<br />
<b>[ybmad contg.:]</b> On advice of GOVERNMENT OF INDIA , the President has nominated Retd. Chief Justice of India Ranjan Gogoi as Member of Rajya Sabha. Readers may recall that Jus. Gogoi retired as CJI only on 17.11.2019 , i.e. not even six months. Jus. Gogoi getting some Appointment/Position from the Government is not altogether unexpected . On the other hand, something larger than a simple Membership of Rajya Sabha , has been expected . Of course, now, a place in Central Cabinet on the basis of Rajya Sabha Membership may be an icing on the cake. </li>
<br /><li><br /><b>ybmad: </b> I am not sure, whether President Shri Ramnath Kovind, an eminent Lawyer himself, has taken into consideration the views of 1st Law Commission 14th Report, and one of Constituion Drafters M.V. Setalvad's suggestion. Though, the President may be under a Constitutional obligation to honor the Recommendation of the Council of Ministers, Presidents have an option of sending the Nomination proposal back to the Cabinet for reconsideration in the light of the 1st Law Commission's Advice.</li>
<br /><li><img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjSXDfY6Gmdrre8iSXtC5HxUoOW7u7WTUpi_OruNl38MWOn0vWsmNvDxaBo_PbmhyFj7eldDUNb-0yWATQAYdG1prcCRibUyUgv5xJESH6YnHRuSyIfZORL-zX7lpaPh7-vXbNwFA/s1600/1staranjgog2.jpg' style='float:right; margin-left:15px;''></img>
<br />
<br /><b>ybmad contg.: </b> First of all, Retired Chief Justices of Supreme Court accepting an appointment from Government , should be looked at with suspicion, particularly when an Offer is made within short time of retirement . In case of Jus. Ranjan Gogoi, the gap is hardly six months. </li>
<br /><li><br /><b>ybmad contg.: </b> This is not the first time a Retired Chief Justice of India or a Supreme Court Judge has received a post-retirement benefit . In fact , one member of the 1st Law Commission which has recommended a bar on post-retirement appointments for Judges, --Late Justice M.C. Chagla, retired Chief Justice of the Bombay High Court , was soon after his retirement appointed as Ambassador to U.S.A. Of course, there might have been some special reasons for the First Prime Minister of India, Late Jawahar Lal Nehru , to choose a Retired Justice as an Ambassador to U.S.A. The political/legal/social/international conditions of India of 1958 were definitely different from the political/legal/social/international conditions of 2020. In 1958, literacy level in India was very low and there were very few English Orators. I perceive that Jawahar Lal Nehru had special fixation/obsession for Orators, as can be seen from his choosing Late Krishna Menon as Defence Minister of India . </li>
<br /><li><br /><b>ybmad contg.: </b> Besides , Jawahar Lal Nehru might have thought that India needed an English oriented Jurist to represent India's arguments about Kashmir before American Presidents. Scarcity of Exceptionally capable persons might have been one reason for Early-Independent India to seek help from retired judges in handling key positions, particularly in English speaking countries. Today, there is no scarcity of English Orators or Jurists or Persons with Soft Skills. India abounds in English speakers and writers, Jurists and Judges, Engineers and Scientists, what not, albeit their numbers may still be low .</li>
<br /><li><h4>Justice Ranganath Mishra's Congress Ticket to Rajya Sabha </h4>
When Justice Ranganath Mishra was made Rajya Sabha Member, there was a gap of nearly eight years (1991 to 1998). The allegation here is Justice Mishra gave a clean chit to Congress, in the Case of 1984 Rites post-IndiraGandhi-Assassination. In 1998, when Congress was in Opposition, a ticket was given to Jus. Mishra. As a Rajya Sabha Member from an Opposition Party, what benefits can Jus. Mishra derive?</li>
<br /><li><h4>Example of Jus. Bahrul Islam</h4>
1956: He joined Congress. 1962: Congress elected him to Rajya Sabha . Later, he unsuccessfully contested an election. Reelected to Rajya Sabha, on Congress Ticket; aligned with Indira . 1972: Quit Rajya Sabha , and appointed as Gauhati High Court Judge . 1980: Retd. as High Court Judge . Elevated to Supreme Court . Gave clean chit to Bihar CM Jagannath Mishra in a corruption case. Later quit. 1983: Record third term to Rajya Sabha .</li>
<br /><li><b>ybmad contg.: </b>It is not clear whether Judicial Appointments in 1972 were 'independent' and 'non-political'. Prima facie, there are many similarities between the methods of Ms. Indira Gandhi and Mr Narendra Modi. Ms. Gandhi seemed to have set bad precedents.</li>
<br /><li><h4>CJI must have greater Prestige than President of India </h4>
<br /><b>ybmad: </b> The position of Chief Justice of India is to be regarded as equivalent of President of India. In India, President of India is considered by many Jurists as equivalent to Queen of England, in role-play, i.e. a Rubber Stamp. But, the CJI is not. CJI enjoys a near-Sovereignity. This ybrao-a-donkey's personal view. Supreme Court Benches can strike down Enactments made by Parliament and Ordinances issued by President. On the other hand, Nominated Members of Rajya Sabha rarely speak in the House, not only because they have no interest to speak or because they have no intellectual material to speak, but also because a Member getting an Opportunity to speak in Lok Sabha or Rajya Sabha, is at the mercy of the Lok Sabha Speaker and Raj Sabha Chairman. As can be seen in TV Broadcasts of Proceedings of the Houses, the Chair repeatedly asks the Speakers to cut short.</li>
<br /><li><h4>Possibilities of quid pro quo, or future expectations of quid pro quo in judgements</h4>
<br /><b>ybmad: </b> Even before Jus. Ranjan Gogoi's retirement, careful Observers of Supreme Court Proceedings and Judgements during his tenure started experiencing a feeling that there might have been some sort of quid pro quo between the Government and some Judges but very few writers and journalists seemed to have expressed their hunches openly, may be because of apprehensions of possible Contempt of Court Proceedings , or facing wrath of Powers that Be.</li>
<br /><li><h4>Cases where doubts may arise about quid pro quo elements in Judgements</h4>
<br /><b>ybmad: </b> 1. Babri Masjid - Ram janmbhumi land dispute. 2. Allegations of Corruption in Rafale Aircraft deal. </li>
<br /><li>Some words of Wisdom from Retd. Jus. Ranjan Gogoi, and yb'ass' views below them:</li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...My answer is why not. I accepted the nomination for the same reason I accept the judgeship at the age of 45 when I had a lucrative practice. There is a practice in the bar that when a judgeship is offered you don't refuse. When the President makes an offer, you don't refuse. ...'</p></li>
<br /><li><b>ybmad' personal views with no malice:</b> In 2001, Jus. Gogoi seems to have shifted from Advocate's Practice to High Court Judge, when according to above quote, his practice was 'lucrative'. In 2018 June, he is reported to have sold his 1999 plot in Guwahati for Rs. 65 lakh . What could have been its purchase price in 1999? At the time of his elevation as Judge he is 45. Assuming that he started his practice when he is 25, from 20 years of practice, how much he could save? It is difficult to estimate or guess. But probably, the practice may not be such 'lucrative'. Or alternatively, lawyers' fee in Assam and Meghalaya may be lower than rest of India. </li>
<br /><li><br /><b>ybmad: </b> About practice in bar that when a judgeship is offered you don't refuse: This practice may not be a reasonable custom. The decision whether to accept judgeship or not has to be a personal decision, where the offeree has to apply his mind, depending on numerous factors, including his own beliefs and circumstances . No ethics or practices can probably intrude into this personal matter. </li>
<br /><li><br /><b>ybmad: </b> About 'when President makes an offer, you do not refuse': Presidents ought not make offers to retiring Supreme Court Judges and CJI, because prospects of these offers is likely to influence the independence of Supreme Court Judges and their Judgements.</li>
<br /><li><br /><b>ybmad: </b> There is a similar concept/practice in jurisprudence. When a client comes with a brief, and is prepared to pay fee asked, an Advocate cannot refuse the Brief. It is also said that a Lawyer should not prejudge the Case. It is said that a Lawyer is not an employee of his Client. On the other hand, he is an Employee of the Court and the Judge. He helps the Court and the Judge, in finding the truth. In ybass' personal view , this Concept may be true where facts are unknown, and where everything is obscure, and where the Judge, Prosecutor, Defence Counsel all try to explore truth. But, when a some Crime takes place in broad day light, in the presence of everybody, and where sufficient evidence direct and circumstantial are available, where everything is conspicuous and glaring , I do not find any reasonable logic in Defence Counsels not being given freedom to accept or reject, applying his conscience and mind.</li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...So far as the cooling period is concerned, tell me under what law cooling period can be visualised? When you apply a law, apply it across the board, don't apply it on a case to case basis. How do you then man the tribunals, which are headed by retired Supreme Court judges?...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.:'...Do you think Rajya Sabha seat is a job, do you think it is a post-retirement rehabilitation? My statement was in the context of a judgment which dealt with tribunalisation - that's a job....'</p></li>
<br /><li><br /><b>ybmad: </b> Though salary may be low, perquisites will make up for the low salary. Besides, though the Rajya Sabha membership may not be as prestigious as a Supreme Court Judgeship, yet it counts. Most retired persons in India are persona non grata, unless they rehabilitate themselves by taking up some other employment / profession / business, which fetches lucrative income . For an example, let us see how Ms. Arundhati Bhattacharya rehabilitated herself after retiring as Chairperson of State Bank of India:</li>
<br /><li><img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjy7PplDLddPqx2bWAAZdxCm5nrs9ImzWkT3Xk7CdKXZ5I5iHTHWqsQbe0T7eDBngitTfYTPwvhBEd0cn-3qaSwiioj62etHRH-Ie7gyQUuhZIcEx2jTihkRyEzUpYtFDvZLZnsCg/s1600/1stamarundhbhattach.jpg" style='float:right; margin-left:15px;'' > </img>
a. Additional Director /Independent Director, in Reliance Industries Ltd. Nobody knows what she would be doing or contributing to in Reliance, which is a Family Empire of Shri Dhirubai Ambani and Mukesh Ambani. Only time will tell.
b. In Oct. 2018, Ms. Arundhati Bhattacharya was appointed as Additional Director, CRISIL.
c. In Dec. 2018, Ms. Arundhati Bhattacharya was appointed as Swift India Chairman.[Society for Worldwide Interbank Financial Telecommunication, a worldwide messaging platform for banks.]. This seems to be a full time job, while the Reliance Directorship is part-time.
d. In March 2020 she resigned from Crisil, as a part of her job-shifts [or job-hops?].
e. Now, there are reports that she will be joining Sales Force India, a Branch of a $17b San Francisco Firm.</li>
<br /><li><h4>Question</h4>
Why are you comparing the job-hops of Ms. Arundhati Bhattacharya with the rehabilitation of Jus. Ranjan Gogoi ?
<br /><b>ybmad: </b> Ans: Though, theoretically , Public Sector Banks in India are autonomous organisations , practically they do not seem to have real freedoms, even to operate within the written guidelines issued . CEOs of Public Sector Banks have to follow even oral instructions with zeal or more appropriately overzealosity [overzealousness], and after complying with the oral instructions , they should not seek confirmation of their irregular acts performed apropos the oral edicts and decrees from bosses. The moment the Managers in Public Sector Banks start working as per rules , they are shunted aside to some other assignment which no other colleague will be prepared to take up . </li>
<br /><li><b>[ybmad contg.:]</b> In case of Judges also, of late, some system of "setting aside" seems to have evolved . "Setting aside" some Functionary for valid reasons and following transparent practices and adhering to principles of Natural Justice need not be shunned upon . But, in Indian Judiciary Rationality, Transparency, Natural Justice, seem to be scarce items; and Extempore observations peppered with obiter dicta seem to be relished by one and all. Examples: One quote attributed to Jus. Ranjan Gogoi, while ruling on 'Urgent Mentionings":</li>
<br /><li><p>Justice Ranjan Gogoi's quote: '...No mentioning! We are working out the parameters …if someone is being released today, then yes …if someone is being hanged today, then yes …if somebody is being evicted today, then yes …if there is a risk of demolition, yes …beyond that, No!...'</p></li>
<br /><li>
<p>Jus. Ranjan Gogoi contg.: '... I am not surprised by the walkout staged by the opposition during my swearing-in. ...It was expected, it was building up for the last two days - opposition parties walk out and walk in, I don't understand how that can upset any reasonable person ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...These statements make me wonder if they amounted to contempt of court. ... Did I write those judgments alone? The other judges who were with me, what were they doing, were they not participating. And if it was a quid pro quo for the appointments, they are collectively responsible. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...Is it a rule that only if you write five judgments against the government then only you are eligible for nomination to the Rajya Sabha under Article 80? If you write judgments which turnout eventually in the favour of the government, do you become ineligible? ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...C'mon, if it was a quid pro quo, we would not have stopped at Rajya Sabha membership. If the rules permit, I would not take any salary for the Rajya Sabha membership. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...Rajya Sabha nomination is not a lucrative post. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '... I am not interested in becoming a minister. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...I have seen ministers in family when I was a kid and I can tell you I am not interested in becoming one. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...I am not expecting an offer to ever come my way...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...I am neither a politician nor a leader. I was asked by the President to enlighten the Rajya Sabha debates with something I have been working on for the past 40 years of my life. I have no intention of getting into politics, joining a party, becoming a minister, but once in awhile I would like to participate in the discussions to the extent that the judiciary's point of view can be reflected. ...'</p></li>
<br /><li><p>Jus. Ranjan Gogoi contg.: '...If executive tries to interfere in the judiciary it should be violently condemned, but the public is not aware of real reasons of the actions [like transfer of Justice Muralidhar in the middle of the riots], as it will not be in the public interest. That is why I say, trust your judges, don't suspect them...'</p>.</li>
<br /><li><p>Jus. Ranjan Gogoi contg.: March 2019 quote: "...there is a valid 'strong viewpoint' that the post-retirement appointment of judges in tribunals is a 'scar' on the 'independence of the judiciary'.</p></li>
<br /><li><b>ybmad' personal views with no malice:</b> For this, reply of Jus. Gogoi is: <i>'...Do you think Rajya Sabha seat is a job, do you think it is a post-retirement rehabilitation? My statement was in the context of a judgment which dealt with tribunalisation - that's a job...'.</i>. </li>
<br /><li><b>ybmad contg.:</b> But, we have to keep in mind that Tribunal Appointments are Judicial in nature, though there is a tendency to treat Tribunals as Quasi-Judicials. It is hightime we change the Nomenclature of 'Tribunals' and redesignate them as Trial Courts, High Courts, Supreme Court Benches so that Sitting District Court Judges, High Court Judges, Supreme Court Judges can be appointed to them. Appointment of Sitting Judges to them will make them to exercise the same Powers as District Judges, High Court Judges and Supreme Court Judges. Then, like the Sitting Judges, they will also exercise full independence. If any technical assistance is required, they can take help from Experts, calling them amicus curiae. </li>
<br /><li><b>[ybmad contg.:]</b> Rajya Sabha Membership is not a judicial appointment. Ordinarily, members of different parties speak in the House, as per their Party affiliations. Though Nominated Members can assert their freedoms without joining the Ruling Party, it rarely happens . Mr. Narendra Modi and Mr. Amit Shah seem to have recommended to President, the Nomination of Jus. Ranjan Gogoi, with some foresight. Forced Implementation of NRC and NPR may take place probably in 2020 itself, or at least before 2024. The Ruling Party seems to be expecting considerable help from Shri Ranjan Gogoi and his brother Shri Anjan Gogoi in enforcing the NRC and NPR. If Shri Ranjan Gogoi is not going to have objections to join the Cabinet without preconditions, then the Ruling Party may not hesitate to induct him into Cabinet. </li>
<br /><li><b>ybmad:</b> When a chocolate is given to a child by a neighbor/stranger, the child does not think why that person is giving a chocolete. The child will simply take the chocolete, chew it and ask for more. But Judges and Retired Judges are not expected to be as gullible as children. On the other hand, circumspection, discretion and foresightfulness is expected from them.</li>
<br /><li><img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhREf_QG9aZwOj6zWNCPlEQHb2r1q-lXkq1zwGjLWmvHxrH17CoiUfOnGBi0bbnyaDpxMVW649yApHTToq49xxRMslGxJ1vmi1QpTNJM1PbzI0eUNuQTxGUCkPtEjaqcz12kDHbQA/s1600/1stamarkkatj.jpg' style='float:right; margin-left:15px;''></img>
<br />
<h4>2016 Contempt of Court Judgement against the Jus. Markandey Katju, pertaining to his remark on Supreme Court 's judgement in Sowmya Rape and Murder Case of Kerala</h4></li>
<br /><li>In this case, Soumya age 23 years , travelling from Ernakulam to Shornur, was was pushed out of the train, dragged to some space beside the Rail Track and raped on the ground by a necrophile, convicted eight times in the past , resulting in her death/murder. The Trial Court convicted the Accused and awarded death sentence . And the Kerala High Court in a 339 page judgement confirmed the Death sentence . The Supreme Court Bench headed by Jus. Ranjan Gogoi, Jus. Prafulla C. Pant, and Jus. Uday Umesh Lalit set aside murder charges , and reduced the Punishment to 7 years u/s 365.</li>
<br /><li><h4>Where the Supreme Court seems to have erred in Soumya Case?</h4>
<br /><b>ybmad: </b> As per Post Mortem Report , there were two main injuries which led to her death : 1) A blunt injury. 2) A fall injury. </li>
<br /><li><p>A quote from Supreme Court : "The death of the deceased was occasioned by a combination of injury no.1 and 2, and complications arising therefrom including aspiration of blood into the air passages, resulting in anoxic brain damage. The same, in the opinion of the doctor, had occurred due to the fact that the deceased was kept in a supine position for the purpose of sexual assault. We are of the opinion that the liability of the accused for Injury No.1 would not require a re-determination in view of the evidence. However, so far as Injury No.2 is concerned, unless the fall from the train can be ascribed to the accused on the basis of the cogent and reliable evidence, meaning thereby, that the accused had pushed the deceased out of the train and the possibility of the deceased herself jumping out of train is ruled out, the liability of the accused for the said injury may not necessary follow."
</p> </li>
<br /><li><b>ybmad contg.:</b> The logic used by Supreme Court Judges, appears to be strange. Reason: Why should a girl crying for help should jump out of a running Train on her own? Obviously because she was being chased by the Accused . We can't say that the Accused was waiting beside the railway track to see her jump out of the train, and rape&rob her? Whether the Victim jumped or the Accused pushed her is immaterial. The barbaric Acts of attempt to Rape and Rob by the Accused chasing her led to her fall. We can't say that the Accused was peacefully watching and smiling like Socrates when the Victim was falling .</li>
<br /><li><b>ybmad contg.:</b>Retired Justice Markandey Katju, is somewhat an outspoken Judge, somewhat candid and frank. About the judgement, he is reported to have commented : 'Gogoi did not even have 'elementary knowledge of law'.'</li>
<br /><li><b>[ybmad contg.:]</b> The remark might have been somewhat acerbic and caustic, may be born out of Jus. Katju's Seniority as Judge and in age to Jus. Gogoi. It could have just been taken lightly. But, the three Judge Bench led by Jus. Gogoi, Prafulla c. Pant and Uday Umesh Lalit seems to have taken the critiicism to their heart and called Jus. Katju for a Review Hearing and for Contempt of Court. </li>
<br /><li><p>According to news reports: '...It prompted Justice Gogoi to slap a contempt notice on Justice Katju. When things heated up and Justice Katju reminded Justice Gogoi that he was junior to him, the serving judge asked if Justice Katju could be escorted out of the court. Only the loud murmurs of 'wrong, wrong, it’s wrong, your lordship' ensured that it did not happen....</p></li>
<br /><li><p>Justice Katju's reaction: "...The court hearing is a pre-arranged drama organised by Gogoi with the intention to humiliate me...".</p></li>
<br /><li><b>[ybmad contg.:]</b> It is a different thing that Jus. Katju submitted his apologies to the Court. What is important for me here is, the view expressed by Jus. Katju is just a 'dissenting view'. It is born out of anguish and resentment against a basically erroneous interpretation and consequent laxity towards a grave habitual criminal, and gross injustice to the Victim who lost her womanhood and life owing to neglect of State. Else, there cannot be any other reason for the acrimonious and bitter relations between them .</li>
<br /><li><h4>HUSH HUSH Hush up of a "complaint of sexual harassment and subsequent harassment by Jus. Gogoi", from a Dalit Female Employee of Supreme Court </h4></li>
<br /><li>Pl. see References item No. 2, 19 below, an Outlookindia.com report. </li>
<br /><li>On 19th April 2019, a Lady Junior Court Assistant of Supreme Court complained to the HON. JUSTICES OF THE SUPREME COURT, alleging 'Sexual harassment and consequent victimisation of me and my family at the hands of Chief Justice of India '. According to her , she worked in Supreme Court from 1.5.2014 to 21.12.2018, when her services were unceremoniously terminated. She was barbarically treated. A quote from her Complaint :</li>
<br /><li><p>Victim Staffer contg.: '... The extent of victimisation has been such that apart from my services being terminated in December 2018 , in the same month , my husband and his brother , both Head Constables with the Delhi Police have been suspended . My husband's other younger brother who was given a job in Group D category in the Supreme Court under the Chief Justice's discretionary quota in October 2018 , was also terminated without giving any reasons , in January 2019 . Not only this , a false and frivolous FIR was registered against me on 3rd March 2019 (alleging that I took an advance of Rs. 50,000/- from a certain Mr. Naveen from Jhajjar, in the Supreme Court premises for offering him a job in the Supreme Court in 2017 ) on the basis of which I was arrested late at night , shakled from my feet , my husband was beaten up in police custody and hand-cuffed (though he was not arrested ). I was kept in police custody of one day and judicial custody for one day. Consequently I was forced to obtain bail . Thereafter, an Application has been made by the police for cancellation of my bail ...' </p></li>
<br /><li><br /><b>ybmad: </b>Prior to her dismissal from Service, a namesake Disciplinary Inquiry was conducted against her, by one of the eight Registrars of the Supreme Court Shri Surya Pratap Singh. As per Ref. No.26 at the bottom hereinbelow, Shri Surya Pratap Singh was the Principal Secretary to Justice Ranjan Gogoi when Justice Gogoi was Chief Justice of Punjab and Haryana High Court , Chandigarh. Singh's previous association with Justice Ranjan Gogoi , raises some doubts about the impartiality of the Disciplinary Proceedings. </li>
<br /><li><br /><b>ybmad contg.: </b> Reason: When the accused woman staffer who was facing the Inquiry for some minor violations (the Disciplinary Inquiry apparently has proximity with the incident of the Woman Staffer turning down the sexual-initiatives of Jus. Gogoi at his Official Residence), arrived on the inquiry date 17th Dec. 2018, at 10:17 am before the Office of Shri Singh, Inquiry Officer-cum-Registrar, she informed the peon there about her arrival; but owing to fatigue and nervousness caused by her having suffered many hardships, she fainted there and fell unconscious. The Supreme Court staff nearby shifted her to Ram Manohar Lohia Hospital in an unconscious condition. RML Hospital Authorities who have treated her have issued a certificate to her to that effect, which she is reported to have submitted to her Superiors.</li>
<br /><li><br /><b>ybmad contd.: </b> In those circumstances , the Disciplinary Inquiry Proceedings ought to have been conducted after the Staffer's Recovery from her illness. Instead, Shri SP Singh was reported to have chosen to hold the Inquiry Ex parte. Besides, she was also not allowed to get assistance from another Government employee, who is not a Supreme Court Employee. Thus, having not been an opportunity to defend herself, the Woman Staffer was dismissed IMMEDIATELY IN FOUR DAYS. Her dismissal was communicated to her by another Registrar Shri Deepak Jain on 21.12.2018.</li>
<br /><li>
<img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsw3Oy1RQlI2WYYYgIzTamNAZouLQTe5MP0nFvQPhcB7P08F397O5RYFaIxJkbVaObf9JvsntN1Km2bGC4TAoKZGpztKswFm-_Mebeg244DtLk_Qm3-4mSy9xhH1oswCtOENaeGw/s1600/1stamjustbobde.jpg' style='float:right; margin-left:15px;''></img>
<br />
<br /><b>ybmad: </b> In May 2019 , an in-House Committee headed by Jus. S.A. Bobde, consisting in addition, Justice Indu Malhotra and Indira Banerjee , quickly cleared the allegations against the Jus. Ranjan Gogoi, as baseless. Their decision was an ex parte decision. It found "no substance" in the sexual harassment allegations against Ranjan Gogoi The Complainant Lady Staffer, after attending three Sessions, withdrew on the ground that the Committee is insensitive. </li>
<br /><li><img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEisf81UeUIobiauFQXjRkemq0agIHKtq099PzKvZye8DuOHgFU9EG6XMloBTxLnFCwc-ss0UHJCsdgpheUhSvo5TqTInjEcHKYSX1bf3y5XKjdxu7HrQ4GJ0xDkc-4EaSgDbuAXfw/s1600/1staustindumalhotra.jpg' style='float:right; margin-left:15px;''></img>
<br />
<h4>Complaining Lady Staffer's reaction to the Clean Chit</h4>
<p>'...Today, my worst fears have come true, and all hopes of justice and redress from the highest court of the land have been shattered....'.</p></li>
<br /><li><p>Victim Staffer contg.: "...I, the woman complainant, a former SC employee, am not just highly disappointed and dejected to learn that the In-House Committee 'has found no substance' in my complaint, but feel that gross injustice has been done to me as a woman citizen of India....".</p></li>
<br /><li><p>Victim Staffer contg.: '...I am now extremely scared and terrified because the in-house committee, despite having all material placed before them, has given me no justice or protection and said nothing about the absolutely malafide dismissals and suspensions, indignities and humiliations suffered by me and my family...'.</p></li>
<br /><li><p>Victim Staffer contg.: '...As is known this complaint, in the form of an affidavit, was sent by me to the Justices of the Honourable Supreme Court on April 19, I am alarmed at the conclusion arrived at by the in-house committee, as my accusation of sexual harassment at the workplace and the consequent relentless victimization and reprisals against me and my family, are substantiated by documents and are verifiable....'.</p></li>
<br /><li><p>Victim Staffer contg.: '...On April 26, I had joined proceedings of the in-house committee and from the very beginning expressed serious concerns and reservations that the manner in which the proceedings were being conducted, it would not mitigate the stark asymmetry of power between me and CJI Ranjan Gogoi....'.</p></li>
<br /><li><p>Victim Staffer contg.: '...In fact, the committee has announced that I will not even be provided with a copy of the report, and so I have no way of comprehending the reasons and basis for the summary dismissal of my complaint of sexual harassment and victimisation...'.</p></li>
<br /><li><br /><b>ybmad. contg.: </b>As there are no direct eye witnesses for the incident that took place between Justice Ranjan Gogoi and the Complainant Lady Staffer in the residence of the Chief Justice of India , the In-House Committee ought to have explored other types of evidences. The Complainant requested that call-data of the phone calls which took place from CJI's phones and her phone be checked. A look into the call-date would have definitely helped in getting at least a sort of sketchy perception if not accurate picture about who took initiative, how the recipient responded, length of conversations, timing of conversations, what proportion of the conversations were strictly official, what proportion are only personal, and proportion are mixed.</li>
<br /><li><br /><b>ybmad contd.: </b> I get an impression that the In-House Committee might have proceeded strictly in an Formal-Official manner. Though, that may be the stipulated procedure , the In-House Committee ought to have taken into consideration that the Complainant a Junior Low level Employee, a housewife, preparing for Law Examination, is facing the highest legal luminaries in the country, who have imbibed law points and legal procedures for about 30 years each. This could definitely made the Woman Employee who had been facing hardships after her dismissal, suspension of her husband, brother-in-law , criminal cases against her, her husband and her brother-in-law , which resulted in her getting shackled.</li>
<br /><li><br /><b>ybmad contg.: </b> Another question which lurks in mind is: Has the In-House Inquiry Committee visited the Rooms in the Residence of Jus. Ranjan Gogoi , where the alleged incident of harassment took place ? Did the Committee members make any inquiries from the Supreme Court Staff working at the Official Residence of the Chief Justice of India ? Did they try to find out if there were any CC Cameras in Work Rooms of CJI where he took help from the JCA?</li>
<br /><li><br /><b>ybmad contg.: </b> The InHouse Committee rejected the request of the complainant to make available a copy of their Inquiry Report. Had the Committee made available their Report to the Victim Female Staffer, she would have at least known on what grounds her Complaint was rejected. All the three Judges on the InHouse Committee are all great Legal Luminaries with vast experience and talents. Then, how could they deny Natural Justice to the Complainant ?</li>
<br /><li><br /><b>ybmad contg.: </b> Charges against the Staffer: 1) Questioning the decision of senior officers, when her seat was changed. 2) Bring influence from unacceptable quarters, to stop change of her seat 3) unauthorisedly absented herself from duty on November 17, 2018. 4) Insubordination, indiscipline and lack of devotion to duty. </li>
<br /><li><br /><b>ybmad contg.: </b> Dismissal from a Secured job which is livelihood for a person, is nearly equivalent to a Death Sentence for that person. Just as Death Sentence is to be awarded to a Murderer in rarest of the rarest cases, Dismissal may be ordered in rarest of the rarest cases. Another question which occurs to my donkey's mind is-- were similar dismissal sentences awarded to other Staffers of the Supreme Court in the past, or at later dates? (i.e. after dismissal of the Female Staffer on 21.12.2018, to other Staffers who committed similar offenses/irregularities?) </li>
<br /><li><br /><b>ybmad: </b> In Reference 26 below, it can be found that the Female Staffer submitted her explanations, apologies for her omissions and commissions, which the Inquiry Committee seems to have ignored, and if she makes it Public. (This can be known only if/when a copy of the DP Inquiry Report is made available to the concerned Employee. Public today in India cannot expected such high level of transparency in Indian Offices, where these Reports are placed on their Websites.)</li>
<br /><li><img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEifGm3iNXlugJoh7WST9NUqgzNwzo0tguyzjgLakrKUIlfzko5Tm23TLdM9Qml68BA8AjylbonkWv12DatRraXLbQ5BfUSlN9pGFrw_0sjPmG-otGC6y8Xf8P17dH8xrmyyk7pldQ/s1600/1stampjustindirabaner.jpg' style='float:right; margin-left:15px;''></img>
<br />
See Reference No. 20, below. Around 22st January 2020, the Complainant was reinstated.
See Reference No. 21, below. In June 2019 itself, her husband and brother-in-law were reinstated by Delhi Police. However, as per them, Departmental Inquiry against them is still pending. The Departmental Inquiry against the husband was for 'illegally calling CJI Office'. Inquiry against her brother-in-law was for concealment of a 2015 Police complaint against him for 'unruly behavior '. </li>
<br /><li>Indian Express has reported that, the woman has rejoined her job and is currently on leave. She has reportedly been paid arrears for the time she was not allowed to work at the court.</li>
<br /><li><h4>Retd. Jus. A.K. Patnaik's view: A Judge should retire gracefully</h4>
<p>'...I don’t understand why the former CJI should accept the nomination to the Rajya Sabha or even get elected. He has no role there. Neither should a President appoint a former CJI to the RS and nor should he accept it. That is how institutions are maintained. A judge should retire gracefully...'.</p></li>
<br /><li><p>Jus. A.K. Patnaik contg.:'...We have to maintain the independence and purity of institutions. One cannot mix these things. If the government wanted someone from the legal field, there are many others who could have contributed; there are several lawyers and legal academicians who should have been considered…
..'</p></li>
<br /><li><p>Victim Staffer contg.: '...He (Gogoi) should have worked out his career earlier if he had wanted to be a politician. Rajya Sabha members have a great role to play, but judiciary has its own role....'.</p></li>
<br /><li><h4>The peers of Jus. Ranjan Gogoi--Retd. Justices Madan Lokur, Kurian Joseph, and retired High Court Chief Justice A.P. Shah too did not appreciate Jus. Gogoi's Nomination to Rajya Sabha. </h4></li>
<br /><li>This is apart from Retired Justice Markandey Katju, Senior to Ranjan Gogoi, is very critical of his former Junior Colleague who has in Open Court instructed that Jus. Katju be escorted out.</li>
<br /><li><b>[ybmad contg.:]</b> Jus. Ranjan Gogoi replied to their criticism , rather somewhat acerbically. A gem from Jus. Ranjan Gogoi:--</li>
<br /><li><p>Justice Ranjan Gogoi contg.: '...I think he (Justice Katju) is irrelevant, ignore him. Justice Kurian
Joseph and Justice Madan Lokur, who were my good friends - they have
their own problems; failed ambitions. As far as Justice AP Shah is
concerned - the 'champion of independent judiciary' - it is a matter of
record, there are three allegations against, him, for which his name was
not recommended for Supreme Court ... Today, along with Kurian Joseph
and Madan Lokur, he defends the independence of judiciary? Nothing more
I would like to add… These are matters of record. Apply under RTI, you
will get everything....'</p></li>
<br /><li><p>Justice Ranjan Gogoi quote: "...As far as 'failed ambitions' are concerned, that is a matter of perception - like the perception of Justice Kurian and Justice Lokur that my accepting the nomination is the downfall of the judiciary. These are perceptions. So far as AP Shah is concerned, it’s a matter of record...."</p></li>
<br /><li><b>[ybmad contg.:]</b> This reply does not befit a retired CJI.</li>
<br /><li><p>Justice Ranjan Gogoi quote : '...Is the nomination to the Rajya Sabha a post retirement employment? I’m really sorry, this is not correct. What are these values? Where are these ideas coming from? You attend sessions 60 days in a year... your package is less or equivalent to the post retirement package of a CJI. You get accommodation that is four stages below what you got as a CJI - and then you call it a post retirement package and a benefit conferred for judgments written by the Chief Justice of India? This is a view that only the enemies of this country can take....'.</p></li>
<br /><li><b>[ybmad contg.:]</b> 'This is a view that only the enemies of this country can take' this sentence seems to be part of BJP's vocabulary. Whoever criticises BJP and Hon. Narendra Modi , are considered as 'enemies of India' as per BJP culture.</li>
<br /><li><p>Justice Ranjan Gogoi contg.: '...How (does) the judgments or the position that I have held until 18th of November have anything to do with the nomination to the Rajya Sabha.. ...what Is the connection between the two? I have completed the two, I have delivered my judgements, my judgments were unanimous - there were other 3-5 judges on the Bench - they agreed, it was a common order. I completed my tenure, went into retirement. The president recalled me from my retirement, required my services for 60 days in a year in the Rajya Sabha....'.</p></li>
<br /><li><b>[ybmad contg.:]</b> In India, wherever group discussions are supposed to take place and group decisions are taken, today we have a culture of 'DU DU basavanna'. DU DU Basavanna is a Telugu phrase which refers to the Decorated trained-Bulls which shake their heads, raise their paws, salute their masters and donors, and even dance as per their expectations during Makara Sankranti Festival days. Basavanna means Lord Nandi (also called Basavaiah/Basavanna). </li>
<br /><li><b>[ybmad contg.:]</b> This DU DU Basavanna culture prevails in State Cabinet Meetings, Union Cabinet Meetings where Ministers simply okay everything placed before them without deeply thinking about the implications or probable consequences of what they support and resolve in the Cabinet meetings . This happens because , it is Chief Minister/Prime Minister's prerogative to appoint/continue/remove/change portfolios of their Ministers. Hence CMs and PM become virtual dictators.</li>
<br /><li><b>ybmad contg:</b> This type of political behaviors are not expected in Judiciary , because CJI does not appoint Supreme Court Judges ; CJ of High Courts do not appoint High Court Judges . CJI is not boss of Supreme Court Judges . CJI of a High Court is not for the judges of his High Court . For that matter, even President cannot, with or without the Recommendation of the Cabinet, remove Supreme Court Judges and High Court Judges . There is an Impeachment Procedure to be followed as prescribed in Indian Constitution . All these protections are intended to enable the Supreme Court Judges and High Court Judges to take decisions AS PER THEIR CONSCIENE, AND BEYOND THE PALE OF UNDUE INFLUENCE. Therefore , junior Members of Supreme Court and High Court benches have a Constitutional Right and Constitutional Duty to write their judgements independently, recording their dissents wherever needed, without inhibitions. </li>
<br /><li><b>ybmad contg:</b> In the 2018 'Open Criticism' of the four Senior Collegium Judges in a Press Conference arose from a dissatisfaction that Chief Justice of India Jus. Deepak Misra was arbitrarily allocating important cases to Junior Judges. Then, Chief Justice of India claimed that it was his prerogative to allocate Cases. Ruling Government of 2018 has not apparently expressed its opinion/view probably because the-then Rulers might have expected that Junior Judges will favor them or will be less arrogant. Jus. Deepak Misra had his way. </li>
<br /><li><b>[ybmad contg.:]</b> True unanimity is possible in spite of written expression of dissent. Apparent Unanimity need not be True unanimity. Excessive number of unanimities may, sometimes, be an indication of concealed inner dissensions. To ensure judgements are made consciously, conscientiously, and independently, we need a secret ballot system, for the ultimate conclusions arrived at in the judgements , while the ratio decidendi explain the reasons for the decisions. </li>
<br /><li><p>Jus. Ranjan Gogoi's view: '...I read the Constituent Assembly debates on Article 80 and I found that this is really a call for service to enlighten and elevate the debates on my area of specialisation. That’s all....'.</p></li>
<br /><li><b>[ybmad contg.:]</b> Rajya Sabha Chairpersons, also being Vice Presidents, are expected to be free of bias, independent, befitting their stature. But, this is not happening. Sometimes, we find that Lok Sabha Speaker and Rajya Sabha Chairperson not giving reasonable time to opposition MPs to express their views. There is also a rigid tendency to allocate proportionate time for speaking, on the basis of the No. of MPs Opposition Parties command. This leads to oppression /suppression of expression of dissent , by Opposition MPs when in a particular General Election Opposition strength is decimated to near-nought. </li>
<br /><li><h4>View of Justice B.A. Khan, Chief Justice of Jammu and Kashmir High Court </h4>
<p>'...Nomination of Retd. Chief Justice of India Ranjan Gogoi, casts a shadow on the independence of the judiciary, and poses a threat
to the scheme of separation of powers under the Constitution....'.</p></li>
<br /><li><p>Jus. B.A. Khan's view: '...Mr Gogoi also says that though he deprecated post retirement
assignments given to retired judges, it does not apply to him because
being nominated as a Rajya Sabha members was not a regular post
retirement employment....'.</p></li>
<br /><li><p>Justice B.A. Khan contg.: '...This part of Mr Gogoi’s argument would have to be taken with a pinch of salt. The issue is not whether a Rajya Sabha seat is a regular employment or not. It is immaterial whether Mr Gogoi gets more or less salary as a member of Rajya Sabha. The fact is that he gets a six-year term entitling him to a regular salary, allowances, free air and rail travel, residential accommodation in Lutyens Delhi etc....'.</p></li>
<br /><li><b>[ybmad contg.:]</b> Rajya Sabha membership is nearly sinecure. A job which needs 60 days work in a 365 days frame, is if not a sinecure, what? Ordinarily , non-Ruling-Party Rajya Sabha members rarely get opportunities to speak; even if they get, they will meet with frequent interruptions from Chairperson himself saying 'stop it' or 'conclude it'. Chairperson of Rajya Sabha may give some leeway to a Retired Chief Justice of India by extending time , by asking members not to interrupt . But a Rajya Sabha member who find his dissenters as unbearable, cannot ask Marshals to escort them out. Can we expect that Rajya Sabha Chairpersons who are ordinarily Politicians, will continuously keep a Retired Chief Justice of India on a high pedestal and listen to him silently in reverance, without asking him to 'conclue'? This is a billion dollar question !</li>
<br /><li><p>'Justice J.A. Khan contg.:...Mr Gogoi’s washing of dirty linen against Justice AP Shah is unethical and violates his oath of secrecy. It does not behove a former CJI to go public with confidential records of a former state Chief Justice...if he is permitted to go unbridled then one can legitimately ask several questions on the alleged sexual harassment charges against him, more particularly who passed the order of reinstatement of the lady staffer dismissed from service, in violation of all laws and norms of justice....'.</p></li>
<br /><li><p>Jus. B.A. Khan's views contd.: '...Mr Gogoi should put up with dissent sportingly, to ensure that such controversies do not arise in the future...'. '...A law would have to enacted banning Chief Justices and judges of the Supreme Court from accepting any post retirement engagement/job/assignment offered by the government to preserve and safeguard the rule of law and independence the judiciary as a custodian of the Constitution....'</p> </li>
<br /><li><b>[ybmad contg.:]</b> Justice Ranjan Gogoi tried to link the case of the Sexual Allegations against him by a Junior-Dalit Court Staffer to another case of alleged larger plots and sinister attempts of some XYZ to defame the Supreme Court or Chief Justice of India, though both are different issues. The second Complaint was lodged by one young Lawyer Mr. U.S. Bains.</li>
<br /><li><b>[ybmad contg.:]</b> Jus. Arun Roy's Court entrusted the conspiracies hatched by a gang of "disgruntled employees, corporate figures and fixers" have been entrusted to be dug up by CBI Director , Director of Intelligence Bureau , and Commissioner of Police , Delhi . The disgruntled employees were reported as Tapan Kumar Chakraborty and Manav Sharma, who were dismissed from service for allegedly doctoring a judicial order in a contempt case between Ericsson and businessman Anil Ambani. It is not clear how far the three Agencies/Functionaries progressed in their crucial task.</li>
<br /><li><img src='https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj0A4FGo3bvqsBNnrHd-81cBw49EzSaSoqkgiW8tSWxB7gG1eYaqbbhydN8Ewf-j-BiDVotE0FsPCgI9LF28BYFEMBTWN2MQT699MatxB8v2k5o4D0RYKBjje2ar5WX8AYB1inKAA/s1600/1stajusakpatnaik.jpg' style='float:right; margin-left:15px;''></img>
<br />
<b>[ybmad contg.:]</b> The Dalit Junior Court-Assistant's allegations about sexual initiatives by Justice Ranjan Gogoi, were expected to be inquired into by Retd. Jus. A.K. Patnaik. As per Ref. 22 below, Justice Patnaik submitted a Report in Sept 2019 stating the matter needed further probe. In Nov. 2019 Chief Justice of India Ranjan Gogoi retired . According to Reference 22 below, She was reinstated before Justice Gogoi was superannuated. That means, reinstatement took place before Nov. 2019 . But, the news of her Reinstatement appeared in Media in on 22 Jan 2020 .</li>
<br /><li><h4>Justice Arun Misra's Observation, while hearing Bain's Affidavit relating to Larger Plot </h4>
<p>'...The two enquiries will not prejudice each other. The judges committee is also not empowered to look into a larger conspiracy...'.</p>.</li>
<br /><li><p>Justice Misra contg: '...Disgruntled employees have ganged up... The 'fixing part' itself is of grave concern. It has no place in the system. He [Bains] has named a fixer. We want to go into the root of matter... We want to know who these fixers are. They have no right to be part of a judicial system... We cannot allow the denigration of the judiciary. We will enquire and enquire and enquire until we get to the truth, to the root of the matter...'.</p></li>
<br /><li><p>Justice Deepak Gupta contd.: '...We cannot just keep quiet when a lawyer approaches it with an affidavit claiming a frame-up. Otherwise, this institution will not survive. You will not survive. If we keep quiet, the country will lose faith in this institution. The institution is bigger than all of us...'.</p></li>
<br /><li><p>Justice Misra contd.: '...This is not just an inquiry, this is something more... We will not reveal anything. This will be kept totally a secret. We do not want the evidence to be destroyed...'.</p></li>
<br /><li><p>An oral observation attributed to Justice Misra: '...This CJI wants to clean up the system. No CJI had dared to take such an action, but this CJI has the courage to take a decision. This CJI is taking action after action after action,...'.</p></li>
<br /><li><h4>2020 January- Comment of Justice Katju against the Justice Ranjan Gogoi, particularly about Sexual Misconduct </h4></li>
<br /><li><p>Justice Katju's view, Jan2020: '...At last the woman employee who was sexually molested by CJI Gogoi and victimised along with her family has been reinstated. There was no vice which was not in Ranjan Gogoi. And yet this rascal and rogue rose to become CJI. It speaks volumes about our judiciary......'.</p></li>
<br /><li><p>[Justice Katzu contg.: '..."Brother and sister judges" of the Supreme Court instead of seeking to protect the complainant, protected Gogoi....'. '...How low a man was this rascal Ranjan Gogoi can be seen from the fact that he not only got the woman he sexually molested dismissed because she complained against him, but his vendetta was not thereby satisfied. He went after her whole family, and misusing his position as CJI got them sent to jail. And what about his brother/sister judges? They should have asked Gogoi to resign, but many of them protected him, instead of protecting that poor woman and her relatives. Shame on them....'</p></li>
<br /><li><b>ybmad contg.:</b>Though there is some mutual mud slinging between Jus. Katju and Jus. Gogoi, it is difficult to interpret that there is bitter deep animosity between them . Jus. Katju is outspoken, with no bounds, while Justice Gogoi seems to be somewhat arrogant, haughty, and vindictive. </li>
<br /><li><br /><b>ybmad: </b> One important question which Justice Katju raised in Ref. 13 at bottom, is:</li>
<br /><li><p>Jus. Katju: '...Several other such shocking instances can be given. Gogoi is at fault during his tenure as chief justice of India, but why were the other justices in the Supreme Court mute like Bheeshma Pitamah, seeing the /cheer haran /of the Supreme Court? Are they not equally culpable? Why did they not hold an open press conference to recount Gogoi’s misdeeds, as was done in the case of Misra?...'.</p></li>
<br /><li><br /><b>ybmad: </b> The word 'cheer haran' above, refers to an attempt by Prince DussAsana to disrobe PAnDava Queen Draupadi in King DhritarAshtra's Court, after YudhishThira was defeated in a mischievous game of dice. According to Vyasa MahAbhArata Lord Krishna saved her by sending her an unending stream of a saree. In that sordid episode the Grand-sire of Kuru Race i.e. BhIshma pitAmaha, archery Guru Drona, his brother Kripacharya remained helpless spectators. Justice Katju's question that if the four Senior Collegium Judges of Jus. Dipak Misra's CJIship could express their open dissatisfaction , why did the Senior Collegium Judges of Jus. Gogoi's regime choose to remain silent?, is very pertinent and reasonable.</li>
<br /><li><br /><b>ybmad: </b> This question seems to have multiple answers, any of which could be true . 1. The result of the previous Open Expression of dissatisfaction has not apparently been fruitful. This is ybmad's subjective view. 2. Though Justice Gogoi in spite of joining the Dissenting Collegium Judges against the Justice Dipak Mishra , could manage well with the Powers that be , and he could keep his cake and eat it too, by getting a post-retirement nomination to Rajya Sabha . With this how the expectations of others will be fulfilled ? Probably, the Senior about-to-retire Judges might have felt that by co-operating with the Chief Justice of India and the Government, they will get their post-retirement expectations such as appointments to head Tribunals , Commissions, Governors (e.g. Retired Chief Justice of India Justice Sathasivam, Govroka </li>
<br /><li><h5>References</h5>
1. <a href="https://www.indiatoday.in/india/story/won-t-take-salary-not-my-aim-to-be-minister-ex-cji-ranjan-gogoi-1657605-2020-03-19 " target="_blank">(Click to go to) https://www.indiatoday.in/india/story/won-t-take-salary-not-my-aim-to-be-minister-ex-cji-ranjan-gogoi-1657605-2020-03-19 </a> </li>
<br /><li>2. <a href="https://www.outlookindia.com/website/story/india-news-judiciary-under-threat-says-cji-ranjan-gogoi-denies-sexual-harassment-allegations/329044" target="_blank"> https://www.outlookindia.com/website/story/india-news-judiciary-under-threat-says-cji-ranjan-gogoi-denies-sexual-harassment-allegations/329044 </a></li>
<br /><li>3. <a href="https://economictimes.indiatimes.com/nation-world/not-much-work-but-lots-of-perks-for-indian-mps/free-phone-calls/slideshow/56199066.cms" target="_blank"> https://economictimes.indiatimes.com/nation-world/not-much-work-but-lots-of-perks-for-indian-mps/free-phone-calls/slideshow/56199066.cms </a></li>
<br /><li>4. <a href="https://www.timesnownews.com/india/article/ranjan-gogoi-new-chief-justice-of-india-2018-justice-ranjan-gogoi-cji-supreme-court-judges-2018-dipak-misra-total-net-worth-assets-bank-balance/293429" target="_blank"> https://www.timesnownews.com/india/article/ranjan-gogoi-new-chief-justice-of-india-2018-justice-ranjan-gogoi-cji-supreme-court-judges-2018-dipak-misra-total-net-worth-assets-bank-balance/293429 </a></li>
<br /><li>5. <a href='https://www.moneycontrol.com/news/business/arundhati-bhattacharyas-new-role-can-the-former-banker-fast-track-salesforces-india-growth-5047831.html ' target='_blank'>https://www.moneycontrol.com/news/business/arundhati-bhattacharyas-new-role-can-the-former-banker-fast-track-salesforces-india-growth-5047831.html </a></li>
<br /><li>6. <a href='https://economictimes.indiatimes.com/news/politics-and-nation/failed-ambitions-are-reasons-behind-criticisms-against-me-ranjan-gogoi/videoshow/74756337.cms' target='_blank'>https://economictimes.indiatimes.com/news/politics-and-nation/failed-ambitions-are-reasons-behind-criticisms-against-me-ranjan-gogoi/videoshow/74756337.cms </a></li>
<br /><li>7. <a href='https://www.firstpost.com/india/ranjan-gogoi-says-no-mentioning-in-supreme-court-unless-urgent-new-cji-says-parameters-are-being-worked-out-5309301.html' target='_blank'>https://www.firstpost.com/india/ranjan-gogoi-says-no-mentioning-in-supreme-court-unless-urgent-new-cji-says-parameters-are-being-worked-out-5309301.html </a></li>
<br /><li>8. <a href='https://theprint.in/judiciary/cji-ranjan-gogoi-the-revolutionary-judge-who-often-found-himself-making-headlines/321619/' target='_blank'>https://theprint.in/judiciary/cji-ranjan-gogoi-the-revolutionary-judge-who-often-found-himself-making-headlines/321619/ </a></li>
<br /><li>9. <a href='https://en.wikipedia.org/wiki/Soumya_murder_case' target='_blank'>https://en.wikipedia.org/wiki/Soumya_murder_case </a></li>
<br /><li>10. <a href='https://www.barandbench.com/news/rajya-sabha-membership-a-call-to-service-asserts-ex-cji-ranjan-gogoi-justice-retd-ak-patnaik-says-a-judge-should-retire-gracefully' target='_blank'>https://www.barandbench.com/news/rajya-sabha-membership-a-call-to-service-asserts-ex-cji-ranjan-gogoi-justice-retd-ak-patnaik-says-a-judge-should-retire-gracefully </a></li>
<br /><li>11. <a href='https://thewire.in/women/former-supreme-court-employee-alleges-sexual-harassment-by-chief-justice-gogoi ' target='_blank'>https://thewire.in/women/former-supreme-court-employee-alleges-sexual-harassment-by-chief-justice-gogoi </a>.</li>
<br /><li>12. <a href='https://thewire.in/law/supreme-court-justice-sacrifice-sexual-harassment-allegations-ranjan-gogoi' target='_blank'>https://thewire.in/law/supreme-court-justice-sacrifice-sexual-harassment-allegations-ranjan-gogoi</a></li>
<br /><li>13. <a href='https://www.theweek.in/news/india/2020/02/04/opinion-cji-gogoi-was-blot-on-judiciary-but-other-sc-judges-equally-culpable.html' target='_blank'>https://www.theweek.in/news/india/2020/02/04/opinion-cji-gogoi-was-blot-on-judiciary-but-other-sc-judges-equally-culpable.html </a></li>
<br /><li>14. <a href='https://www.theweek.in/news/india/2020/03/17/pre-retirement-judgments-and-post-retirement-posts-judges-and-their-politics.html' target='_blank'>https://www.theweek.in/news/india/2020/03/17/pre-retirement-judgments-and-post-retirement-posts-judges-and-their-politics.html </a></li>
<br /><li>15. <a href='https://www.barandbench.com/news/conspiracy-to-frame-cji-ranjan-gogoi-needs-further-probe-justice-patnaik-committee' target='_blank'>https://www.barandbench.com/news/conspiracy-to-frame-cji-ranjan-gogoi-needs-further-probe-justice-patnaik-committee </a></li>
<br /><li>16. <a href='https://www.barandbench.com/news/breaking-in-house-committee-clears-cji-ranjan-gogoi-says-no-substance-in-allegations' target='_blank'>https://www.barandbench.com/news/breaking-in-house-committee-clears-cji-ranjan-gogoi-says-no-substance-in-allegations </a></li>
<br /><li>17. <a href='https://www.indiatoday.in/india/story/cji-ranjan-gogoi-gets-clean-chit-in-sexual-harassment-case-sc-panel-dismisses-charge-1518425-2019-05-06' target='_blank'>https://www.indiatoday.in/india/story/cji-ranjan-gogoi-gets-clean-chit-in-sexual-harassment-case-sc-panel-dismisses-charge-1518425-2019-05-06 </a></li>
<br /><li>18. <a href='https://www.thehindu.com/news/national/sc-resolves-to-unearth-larger-conspiracy-against-cji-ranjan-gogoi/article26933155.ece' target='_blank'>https://www.thehindu.com/news/national/sc-resolves-to-unearth-larger-conspiracy-against-cji-ranjan-gogoi/article26933155.ece </a></li>
<br /><li>19. <a href='https://www.theweek.in/news/india/2020/01/23/this-rascal-rogue-rose-to-be-cji-katju-blasts-gogoi-over-sexual-abuse-scandal.html' target='_blank'>https://www.theweek.in/news/india/2020/01/23/this-rascal-rogue-rose-to-be-cji-katju-blasts-gogoi-over-sexual-abuse-scandal.html </a></li>
<br /><li>20. <a href='https://www.theweek.in/news/india/2020/01/22/sc-reinstates-woman-staffer-who-accused-ranjan-gogoi-of-sexual-misconduct.html' target='_blank'>https://www.theweek.in/news/india/2020/01/22/sc-reinstates-woman-staffer-who-accused-ranjan-gogoi-of-sexual-misconduct.html </a></li>
<br /><li>21. <a href='https://thewire.in/women/supreme-court-reinstates-staffer-who-accused-ex-cji-ranjan-gogoi-of-sexual-harassment' target='_blank'>https://thewire.in/women/supreme-court-reinstates-staffer-who-accused-ex-cji-ranjan-gogoi-of-sexual-harassment </a></li>
<br /><li>22. <a href='https://www.dailyo.in/politics/cji-ranjan-gogoi-supreme-court-of-india-sexual-harassment-justice-patnaik-committee/story/1/32405.html' target='_blank'>https://www.dailyo.in/politics/cji-ranjan-gogoi-supreme-court-of-india-sexual-harassment-justice-patnaik-committee/story/1/32405.html </a></li>
<br /><li>23. <a href='https://www.dailyo.in/voices/supreme-court-ranjan-gogoi-sabarimala-judicial-activism-indu-malhotra/story/1/28172.html' target='_blank'>https://www.dailyo.in/voices/supreme-court-ranjan-gogoi-sabarimala-judicial-activism-indu-malhotra/story/1/28172.html </a></li>
<br /><li>24. <a href='https://www.indiatoday.in/india/story/gogoi-chief-justice-supreme-court-sexual-harassment-complainant-husband-kin-1552407-2019-06-20' target='_blank'>https://www.indiatoday.in/india/story/gogoi-chief-justice-supreme-court-sexual-harassment-complainant-husband-kin-1552407-2019-06-20 </a></li>
<br /><li>25. <a href='https://www.indiatoday.in/india/story/cji-ranjan-gogoi-clean-chit-sexual-harassment-case-my-worst-fears-came-true-1518609-2019-05-06 ' target='_blank'>https://www.indiatoday.in/india/story/cji-ranjan-gogoi-clean-chit-sexual-harassment-case-my-worst-fears-came-true-1518609-2019-05-06 </a></li>
<br /><li>26. <a href='https://thewire.in/law/surya-pratap-sing-ranjan-gogoi-inquiry-woman-complainant-supreme-court' target='_blank'>https://thewire.in/law/surya-pratap-sing-ranjan-gogoi-inquiry-woman-complainant-supreme-court </a></li></ol></div>
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<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-48266251803184594232020-02-11T09:18:00.003-08:002020-02-11T21:45:32.809-08:00013 Online Clickable MCQ Test, and Current Affairs<div dir="ltr" style="text-align: justify;" trbidi="on">
<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgESsbpMD-pHgWcDSDky8gHL9wyHpTsS2ayAHr1XtNKyk195XSo5PlR79AtrYnPbCeUvfYPx4x9YTprfU8amhJc7XZX233QEEWiyRfe0AHT6S2zfQCbQrE4WOCeHnbZLeFquATbvA/s1600/Omar_Abdullahwikijoel.jpg" style='width:90%;'></img>
<br />Today's (11th Feb. 2020) Deccanchronicle.com's Editorial is amazing and very much objective. Here is the link: <a href='https://www.deccanchronicle.com/opinion/dc-comment/110220/release-former-cms-jk-dossiers-surreal.html' target='_blank'>Click here to go to :https://www.deccanchronicle.com/opinion/dc-comment/110220/release-former-cms-jk-dossiers-surreal.html</a>. In particular, the following quote from the DC Editorial is very pertinent:
<br /><blockquote>
"...The dossier on Mr Abdullah refers to “the capacity of the subject to influence people for any cause can be gauged from the fact that he was able to convince his electorate to come out and vote in huge numbers even during the peak of militancy and poll boycotts”.
<br /><br />"...In any democratic system, such an individual should get high marks for acting against extremism and militancy and getting people to the ballot box through his words, but not under the stewardship of Prime Minister Narendra Modi and Union home minister Amit Shah. Indeed, the government has determined that Mr Abdullah is a victim of “radical methodology”. Being a vote-catcher can falsely lead to any politician being labelled as a pied-piper who is “radical”, losing sight of the real political meaning of that expression. If the capacity to get people to vote is made a criminal offence and attract the charge of causing public disorder or disaffection against the State, then all vote-pulling politicians beware. Big Brother is watching! ..."
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<div> <li>■VYASA MAHABHARATA TRANSLATED BY GANGULI, BOOK3, BOOK OF FOREST/m03298.♞:</li>
<br /><li>The Mahabharata, Book 3: Vana Parva: Pativrata-mahatmya Parva</li>
<br /><li>Baron Karna to Lord Indra in disguise:- If it pleaseth thee, tell me, O illustrious one, who you are in the guise of a Brahmana!'— </li>
<br /><li>The Brahmana [Demy God Indra to Baron Karna]: 'O son, I am he of a thousand rays ! Out of affection, I point out to you the path ! Act you according to my words, as it is for your great good to do so !' </li>
<br /><li>[Baron Karna replied to Demy God Indra]: 'Surely, this itself is highly fortunate for me that the god himself of splendour addresses me today, seeking my welfare.</li>
<br /><li>Listen, however, to these words of mine ! May it please thee, O bestower of boons, it is only from affection that I tell you this! If I am dear to thee, I should not be dissuaded from the observance of my vow! O you that are possessed of the wealth of effulgence, the whole world knoweth this to be my vow that, of a verity, I am prepared to give away life itself unto superior Brahmanas ! If, O best of all rangers of the sky, SAKRA (INDRA) cometh to me, disguised as a Brahmana, to beg for the benefit of the sons of Pandu, I will, O chief of the celestials, give him the ear-rings and the excellent mail, so that my fame which has spread over the three worlds may not suffer any diminution! For persons like us, it is not fit to save life by a blame-worthy act.</li>
<br /><li>On the contrary, it is even proper for us to meet death with the approbation of the world and under circumstances bringing fame.</li>
<br /><li>Therefore, will I bestow upon Indra the ear-rings with my coat of mail [=battle chest armor]! If the slayer himself of Vala and Vritra cometh to ask for the ear-rings for the benefit of the sons of Pandu, that will conduce to my fame, leading at the same time to his infamy! </li>
<br /><li>O you possessed of splendour, I wish for fame in this world, even if it is to be purchased with life itself, for they that have fame enjoy the celestial regions, while they that are destitute of it are lost.</li>
<br /><li>Fame keepeth people alive in this world even like a mother, while infamy killeth men even though they may move about with bodies undestroyed.</li>
<br /><li>O lord of the worlds, O you possessed of the wealth of effulgence, that fame is the life of men is evidenced by an ancient sloka sung by the Creator himself, —In the next world it is fame that is the chief support of a person, while in this world pure fame lengthens life.</li>
<br /><li>Therefore, by giving away my ear-rings and mail [=battle chest armor] with both of which I was born I will win eternal fame ! And by duly giving away the same to Brahmanas according to the ordinance, by offering up my body (as a gift to the gods) in the sacrifice of war, by achieving feats difficult of performance, and by conquering my foes in fight, I will acquire nothing but renown.</li>
<br /><li>And by dispelling on the field of battle the fears of the affrighted that may beg for their lives, and relieving old men and boys and Brahmanas from terror and anxiety, I will win excellent fame and the highest heaven.</li>
<br /><li>My fame is to be protected with the sacrifice of even my life.</li>
<br /><li>Even this, know thou, is my vow! By giving away such a valuable gift to Maghavan [=demy God Indra] disguised as a Brahmana, I will, O god, acquire in this world the most exalted state.</li>
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<br /><div style='white-space:normal; '><br /><h1>TODAY'S highlights: </h1><h2><ol>■IF ARVIND KEJRIWAL HAS APPREHENSIONS ABOUT TAMPERING OF EVMS, HE SHOULD HAVE BOYCOTTED THE ELECTION. WE CAN'T HAVE A SITUATION THAT HE WILL ALLEGE EVM TAMPERING IF HE LOSES, AND COOLLY ASCEND THRONE IF HE WINS ♞:</h2><br /><br /><ol><li>I am writing this before the counting of Votes in 2020 Delhi Assembly Elections. Earlier also, I have written about the above point.</li><li>If anybody has apprehensions about tampering of EVMs, they / that Party should boycot Elections, speaking candidly about their apprehensions, and insisting on ballot based elections. This suggestion applies in particular to Congress Party, and to all Parties in general. They cannot ride on two horses.</li>
<br /><li>If Mr. Kejriwal has courage and conviction in whatever he states, now one choice is available to him. Even if he wins, he ought to decline ascending the throne, citing his non-belief in EVMs. We may have to keep in mind that every EVM need not be tampered either at pre-election or post-election stage. It may also not be possible to tamper each and every ATM. Only some ATMs in some selected Constituencies, especially where there are narrow margins of majority may be tampered.</li>
<br /><li>Whether Mr. Kejriwal wins or not, I hope that every Opposition Party in India, will learn lessons from its history of 21st Century.</li>
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<br /><div style='position:relative; white-space:normal; '><br /><div style='white-space:normal;'><h1>TODAY'S untrivia: </h1><h2><ol>BJP SHOULD ALSO TAKE 40% RESPONSIBILITY FOR FORCED BIFURCATION OF UNITED ANDHRA PRADESH, AND PASSING OF BILL IN LOWER HOUSE OF PARLIAMENT WITHOUT PROPER DISCUSSION AND BY CLOSING DOORS AND SHUTTING TV CAMERAS. ♞:</h2><br /><br /><ol><li><br /><br />News18.com reported on 6th Feb. 2020, that PMOI Mr. Narendra Modi, observed in Rajya Sabha, during his Speech of Thanks giving to the President of India, as under:--</li><li><br /><br /><a href='https://www.news18.com/news/india/parliament-live-updates-pm-modi-to-speak-in-lok-sabha-shortly-on-motion-of-thanks-to-presidents-address-2489407.html' target='_blank'>Click if you wish to go to : https://www.news18.com/news/india/parliament-live-updates-pm-modi-to-speak-in-lok-sabha-shortly-on-motion-of-thanks-to-presidents-address-2489407.html</a>.</li>
<br /><li><br /><br /><blockquote>
"...The PM reminded the members of the way the Telangana formation Bill was hurriedly pushed through in Parliament during the UPA regime in 2014. 'Nobody can forget when Telangana was formed, the country has seen how doors were closed and TV cameras were shut. ...'
</blockquote></li>
<br /><li><br /><br /><b>ybrao-a-donkey's personal views, with no malice towards anybody:</b>
<br />Mr. Narendra Modi has a tendency, to pass on the blame to others / predecessors whenever there is a blemish. If Congress erred in getting the Telangana Bill passed by closing Lok Sabha doors and switching of TV Cameras, didn't BJP Party co-operate with it? Didn't Late Ms. Sushma Swaraj, the then BJP Leader in Lok Sabha take credit for it, calling herself 'chinnamma' (Telugu word, with meaning younger maternal aunt), while 'peddamma' (Elder maternal aunt) was Ms. Sonia Gandhi. </li>
<br /><li><br /><br />Had BJP not prodded the Congress Party in 2014 to separate Telangana, probably UPA 2 Government led by Mr. Manmohan Singh might not have dared to get the Telangana Bill passed in Lok Sabha in such an undemocratic autocratic arbitrary manner. Without ACTIVE co-operation from BJP in Feb. 2014, passing of Andhra Pradesh Bifurcation Bill in Lok Sabha was not possible. If Congress has closed the Doors, switched off the TV Cameras and got the Bill passed, when the House opened next time, BJP ought to have raised the Issue of injustice done to the Residual Andhra Pradesh. </li>
<br /><li><br /><br />As was observed by Mr. Sitaram Yechury, on that day, it was a MATCH-FIXING BETWEEN CONGRESS AND BJP.</li>
<br /><li><br /><br />Had this incident happened in any other country, the affected people might have considered it as great insult, and revolted against the National Government of their country, and launched an Independent Country Movement for their Region. But, the people of Residual Andhra Pradesh of 2014 were very Nationalistic and Patriotic that they bore all the insults, and ventured to start a new lives, with a New Capital in the New State. The misfortune of the People of Residual Andhra Pradesh is that they always get selfish and treacherous leaders to represent them. If the people of Residual Andhra Pradesh vote for selfish and treacherous leaders, then it is their cumulative karma. It is continuing even in 2020.</li>
<br /><li><br /><br />The BJP Leaders are still playing their double games. Central BJP Government says one thing. Mr. G.V.L. Narasimha Rao , the Authorised Spokesperson of BJP speaks out his own interpretations. State BJP Leaders seem to want to have the cake and eat it too. The State BJP Leaders know that they cannot win elections in Residual Andhra Pradesh. Their eyes are on Nominated Posts distributed by Center. Hence, they cannot displease their Central Leaders. Example: Ms. Daggubati Purandeswari got herself appointed as Independent Director of Air India. Nobody knows what independence she exercises. Similarly Mr. Yadlapati raghunath Babu got the post of Tobacco Board Chairman. Mr. GVL Narasimha Rao is happy with his Rajya Sabha Nomination from Uttar Pradesh . Mr. Venkaiah Naidu is happy with his Vice President Post. Others may be expecting some Governorships just as Mr. Vidyasagar Rao got from Telangana.</li>
<br /><li><br /><br />Hon. Prime Minister may kindly keep in mind: Two wrongs will not make a right. For whatever wrongs the Congress had committed, it has already been punished in 2014 and May 2019. If BJP wants to blame Congress and surpass them in the gravity and number of mistakes, then BJP will be helping Congress, because people will start considering that the wrongs of Congress can be condoned. </li>
<br /><li><br /><br />At the end of 15th Century and beginning of 16th Century, Vijayanagara kings were in search of a suitable boy to be groomed as a minister. They sent soldiers to all the villages with a slate containing 'a line'. The soldiers accompanying the slate went to every village, and showed an accompanying notice "If anybody can shorten this line on the slate without wiping it, that person will be suitably rewarded". Nobody could understand how a line can be reduced in size without wiping it. At last one boy came forward. He drew a bigger line, beside the original line, and showing the original line, he asked "Is this line not smaller now ? " According to the folklore, the boy was Timmarusu. He became the Prime Minister of Vijayanagara kingdom.</li>
<br /></ol></div>
<div style='position: relative;margin-left:10%; margin-bottom:10%; padding: 1% 1% 1% 0; height: 90%; width: 60%; border: 4px solid #0000ff; background:#ffffaa; white-space: nowrap;'><b >Bigger line - Smaller Line </b><br /><b >****Timmarusu legend.******</b>
<div style='position:relative; margin-top:5%;width:75%; height:100%; border: 2px solid maroon; background-image: repeating-linear-gradient(0deg, transparent, transparent 10px, #ff0000 10px, #CCC 12px), repeating-linear-gradient(-90deg, transparent, transparent 10px, #CCC 10px, #CCC 12px); background-size: 12px 12px; font-size:100%;white-space: nowrap; transform: translateX(10%) translateY(-10%) rotate(270deg) ; font-size:80%;'>
<br /><div style='padding-left:0%; padding-top:0%; width: 70% ;height: 4%; margin: 0% 2% 2% 2%; color:white; background: forestgreen;text-align:left; border:4px solid red; '> BJP Bigger Line</div> <br />
<div style='padding-left:0%; padding-top:0%; width: 35% ;height: 4%; margin: 0% 2% 2% 2%; color:white; background: forestgreen;text-align:left; border:4px solid red; '> Congress smaller line </div>
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<br /><div style='position: relative;border:.5em double gold; background:#5500ff;color:white; text-align:justify;'>
<h4 style='position:relative;'>MULTIPLE CHOICE QUESTIONS TEST No. </h4>
Here is a 10 Multiple Choice Question Test on your favorite subject. Some Qs are actual Examination Questions, ABRIDGED & EDITED for brevity, and to facilitate easier comprehension. Actual Exam. Qs were lengthy and circumlocutive. Qs can be answered online, and score can be checked by clicking ~showprogress~ box at the end of any Q. There are minus marks of 0.25 (quarter mark) for each wrong answer. If any Qs are left out, there will be no change in score. Answers for each Q can also be checked by moving your mouse on the word `mouse` at the end of each Q. You can try and retry any number of times. </div><br /><form id ='fo' name='fo' method='GET' >
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />1)ENGLISH ANTONYMS - Choose opposite of frugal : <br>
<Input type='radio' value ='a' name ='q1' />a`economical
<Input type='radio' value='b' name ='q1' />b`stingy
<Input type='radio' value='c' name = 'q1' />c`humble
<Input type='radio' value='d' name ='q1' />d`extravagant
<Input type='hidden' value='d' id ='fans1' /><span title='d expl: '>--</span><Input type='hidden' id= value ='d' /><br /><button id='b1' type='button' name='b1' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d1' name='d1' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />2)DIAGNOSTICS OF AMMONIA IN BLOOD - AMMONIA ION TEST - ___ diet can raise blood ammonia level. <br>
<Input type='radio' value ='a' name ='q2' />a`high-carb
<Input type='radio' value='b' name ='q2' />b`high-protein
<Input type='radio' value='c' name = 'q2' />c`high-fat
<Input type='radio' value='d' name ='q2' />d`obesity diet
<Input type='hidden' value='b' id ='fans2' /><span title='b expl: '>--</span><Input type='hidden' id= value ='b' /><br /><button id='b2' type='button' name='b2' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d2' name='d2' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />3)ANATOMY, PHYSIOLOGY AND PATHOLOGY - MONRO‷s FORAMEN - is in <br>
<Input type='radio' value ='a' name ='q3' />a`brain
<Input type='radio' value='b' name ='q3' />b`heart
<Input type='radio' value='c' name = 'q3' />c`abdomen
<Input type='radio' value='d' name ='q3' />d`loins
<Input type='hidden' value='a' id ='fans3' /><span title='a expl: '>--</span><Input type='hidden' id= value ='a' /><br /><button id='b3' type='button' name='b3' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d3' name='d3' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />4) A village city mayor asked a bk to collect a cheque. He doesn~t want to open an a/c. Can a bank allow? <br>
<Input type='radio' value ='a' name ='q4' />a`can allow
<Input type='radio' value='b' name ='q4' />b`The Bk will n~t get protection of S.131
<Input type='radio' value='c' name = 'q4' />c`Manager~s discretion
<Input type='radio' value='d' name ='q4' />d`N.O.T.
<Input type='hidden' value='b' id ='fans4' /><span title='b expl: '>--</span><Input type='hidden' id= value ='b' /><br /><button id='b4' type='button' name='b4' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d4' name='d4' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />5)BIOLOGY - Bees- sex of the worker bees : <br>
<Input type='radio' value ='a' name ='q5' />a`Imperfectly developed males
<Input type='radio' value='b' name ='q5' />b`Imperfectly developed females
<Input type='radio' value='c' name = 'q5' />c`No sex
<Input type='radio' value='d' name ='q5' />d`Can be of both sexes
<Input type='hidden' value='b' id ='fans5' /><span title='b expl: Imperfectly developed females.'>--</span><Input type='hidden' id= value ='bImperfectly developed females.' /><br /><button id='b5' type='button' name='b5' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d5' name='d5' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />6)NUMERICAL ABILITY : MULTIPLICATION OF DECIMAL NUMBERS: 0.11 X 0.12= : <br>
<Input type='radio' value ='a' name ='q6' />a`0.132
<Input type='radio' value='b' name ='q6' />b`0.00132
<Input type='radio' value='c' name = 'q6' />c`1.32
<Input type='radio' value='d' name ='q6' />d`0.0132
<Input type='hidden' value='d' id ='fans6' /><span title='d expl: ull ans: 0.0132.'>--</span><Input type='hidden' id= value ='dull ans: 0.0132.' /><br /><button id='b6' type='button' name='b6' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d6' name='d6' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />7)ACCOUNTING- Omission of a transaction results in imbalance of trial balance. <br>
<Input type='radio' value ='a' name ='q7' />a`true
<Input type='radio' value='b' name ='q7' />b`false
<Input type='radio' value='c' name = 'q7' />c`..
<Input type='radio' value='d' name ='q7' />d`..
<Input type='hidden' value='b' id ='fans7' /><span title='b expl: If debit and credit sides of a transaction are omitted, trial balance will agree.'>--</span><Input type='hidden' id= value ='b If debit and credit sides of a transaction are omitted, trial balance will agree.' /><br /><button id='b7' type='button' name='b7' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d7' name='d7' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />8)ACCOUNTING- Bank Overdraft appears in the balance sheet as a a`current asset <br>
<Input type='radio' value ='a' name ='q8' />
<Input type='radio' value='b' name ='q8' />ACCOUNTING- Bank Overdraft appears in the balance sheet as a a`current asset a`current liability
<Input type='radio' value='c' name = 'q8' />c`contingent asset
<Input type='radio' value='d' name ='q8' />d`contingent liability
<Input type='hidden' value='b' id ='fans8' /><span title='b expl: '>--</span><Input type='hidden' id= value ='b' /><br /><button id='b8' type='button' name='b8' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d8' name='d8' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />9)ANATOMY - SERTOLI CELLS are in <br>
<Input type='radio' value ='a' name ='q9' />a`penis
<Input type='radio' value='b' name ='q9' />b`testis
<Input type='radio' value='c' name = 'q9' />c`glans
<Input type='radio' value='d' name ='q9' />d`foreskin
<Input type='hidden' value='b' id ='fans9' /><span title='b expl: '>--</span><Input type='hidden' id= value ='b' /><br /><button id='b9' type='button' name='b9' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d9' name='d9' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />10)REASONING, CODING: If in a Code, 5261409873= ZADCIEFHGB, then 0947218653= :-- <br>
<Input type='radio' value ='a' name ='q10' />a`IECZFHBDGA
<Input type='radio' value='b' name ='q10' />b`EFIGACHDZB
<Input type='radio' value='c' name = 'q10' />c`IHCEBGFZDA
<Input type='radio' value='d' name ='q10' />d`IEBHFGACZD
<Input type='hidden' value='b' id ='fans10' /><span title='b expl: EFIGACHDZB.'>--</span><Input type='hidden' id= value ='bEFIGACHDZB.' /><br /><button id='b10' type='button' name='b10' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d10' name='d10' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />11)JURISPRUDENCE - Ihering propounded that law is a means to ___ ends. <br>
<Input type='radio' value ='a' name ='q11' />a`business
<Input type='radio' value='b' name ='q11' />b`economic
<Input type='radio' value='c' name = 'q11' />c`administrative
<Input type='radio' value='d' name ='q11' />d`social
<Input type='hidden' value='d' id ='fans11' /><span title='d expl: '>--</span><Input type='hidden' id= value ='d' /><br /><button id='b11' type='button' name='b11' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d11' name='d11' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />12)ESIC actively works in field of <br>
<Input type='radio' value ='a' name ='q12' />a`Civil Aviation
<Input type='radio' value='b' name ='q12' />b`Education
<Input type='radio' value='c' name = 'q12' />c`Health Care
<Input type='radio' value='d' name ='q12' />d`Sea Ports
<Input type='hidden' value='c' id ='fans12' /><span title='c expl: '>--</span><Input type='hidden' id= value ='c' /><br /><button id='b12' type='button' name='b12' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d12' name='d12' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />13)APPLIED Therapeutics - CELECOXIB - finds one use as <br>
<Input type='radio' value ='a' name ='q13' />a`anatacid
<Input type='radio' value='b' name ='q13' />b`anticoagulant
<Input type='radio' value='c' name = 'q13' />c`pain-releiver
<Input type='radio' value='d' name ='q13' />d`sudatory
<Input type='hidden' value='c' id ='fans13' /><span title='c expl: '>--</span><Input type='hidden' id= value ='c' /><br /><button id='b13' type='button' name='b13' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d13' name='d13' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />14)NUMERICAL ABILITY : DIVISION OF DECIMAL NUMBERS: 0.29 ÷ 0.15= : <br>
<Input type='radio' value ='a' name ='q14' />a`0.19333
<Input type='radio' value='b' name ='q14' />b`1.9333
<Input type='radio' value='c' name = 'q14' />c`193.33
<Input type='radio' value='d' name ='q14' />d`19.333
<Input type='hidden' value='b' id ='fans14' /><span title='b expl: ull ans: 1.9333.'>--</span><Input type='hidden' id= value ='bull ans: 1.9333.' /><br /><button id='b14' type='button' name='b14' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d14' name='d14' style='background:#55ffff;width:25em;'>progress</div>
<br /><br /><Input type='hidden' id='queshid' name= 'queshid' /><br />15)NUMERICAL ABILITY, ADDITIONS: 9/50 + 13/50= : <br>
<Input type='radio' value ='a' name ='q15' />a`12/25
<Input type='radio' value='b' name ='q15' />b`11/25
<Input type='radio' value='c' name = 'q15' />c`17/25
<Input type='radio' value='d' name ='q15' />d`4/25
<Input type='hidden' value='b' id ='fans15' /><span title='b expl: `full ans: 11/25.'>--</span><Input type='hidden' id= value ='b`full ans: 11/25.' /><br /><button id='b15' type='button' name='b15' onClick='reply_id(this.id)' >Show Progress</button><br /><div id='d15' name='d15' style='background:#55ffff;width:25em;'>progress</div>
</form>
<div>
<br /> <h1>TODAY'S BHARTRUHARI--Sringara Satakam (100 verses of Love & Lust): </h1>■<b style='color:red;'>sringara</b> SATAKAM OF BHARTRUHARI: COBRA BITE CAN BE SAFER THAN THE BITING LOOKS OF DAMSELS♞:<br />
<br />
♛ VyA dIrghENa calEna vakra gatinA<br />
tEjasvinA bhOginA,<br />
NIlAbja dyuti nAhinA varam<br />
aham dashTO na ta cakshushAd,<br />
ashTE santi cikitsAkA<br />
diSi diSi prAya dharmArthi nO,<br />
MugdhAkshi kshaNa vIkshitasya ta hi<br />
mE vaidyO, na vA api aushadham.♝<br />
<br />
There are doctors and medicines to save a person from the bite of an extremely venomous black cobras. But there are no doctors and drugs which can cure a person bitten by the rays emitting in a wavy trajectory from the blue-tulip eyes of a glowing luxurious damsel.<br />
<br /></div>
<br /><div style='white-space:normal; position:relative; '><br /><h1>TODAY'S ENGLISH GRAMMAR: :</h1> ■ENGLISH <b style='color:red;'>grammar</b>: VERBS, IDIOMS AND PHRASAL VERBS ENDING WITH SPECIFIC PREPOSITIONS ♞:<br />
♛Expressions peculiar to a language.♝<br />
♛Idioms tend to be derivations from proverbs.♝<br />
<br />
<table border='1'><tr><td>usage</td><td>inference.</td></tr><br />
<tr><td>bear away</td><td>win.</td></tr><br />
<tr><td>bear down</td><td>overthrow, crush.</td></tr><br />
<tr><td>bears out</td><td>confirms, corroborates.</td></tr><br />
<tr><td>bears up</td><td>supports.</td></tr><br />
<tr><td>bear upon</td><td>was not relevant to.</td></tr><br />
<tr><td>bear up</td><td>to keep up spirits, not to despair.</td></tr><br />
<tr><td>bear with</td><td>have patience with, show forbearance to.</td></tr><br />
<tr><td>break with</td><td>quarrel with.</td></tr><br />
<tr><td>bring forth</td><td>produce, cause.</td></tr><br />
<tr><td>bring forward</td><td>adduce.</td></tr><br />
<tr><td>bringing sb round</td><td>converting sb.</td></tr><br />
<tr><td>bring out</td><td>show.</td></tr><br />
<tr><td>brings in</td><td>yields .</td></tr><br />
<tr><td>broke down</td><td>failed.</td></tr><br />
<tr><td>broke into</td><td>entered by force.</td></tr><br />
<tr><td>broke off</td><td>stopped suddenly.</td></tr><br />
<tr><td>brought about</td><td>caused.</td></tr><br />
<tr><td>brought out</td><td>published.</td></tr><br />
<tr><td>brought up</td><td>reared.</td></tr><br />
<tr><td>called for</td><td>demanded.</td></tr><br />
<tr><td>called on me</td><td>paid me a brief visit yesterday. <br />
<tr><td>call up</td><td>recollect.</td></tr><br />
<tr><td>call out</td><td>draw forth virtues and abilities unsuspected before.</td></tr><br />
<tr><td>call in</td><td>summon, send for.</td></tr><br />
<tr><td>came up</td><td>was mooted or raised for discussion.</td></tr><br />
<tr><td>carried him away</td><td>i.e., deprived him of self-control. <tr><td>His son</td><td>carried on, managed.</td></tr><br />
<tr><td>carried off</td><td>killed.</td></tr><br />
<tr><td>carry out</td><td>execute.</td></tr><br />
<tr><td>cast away</td><td>wrecked on the coast of Africa. .</td></tr><br />
<tr><td>cast down</td><td>depressed.</td></tr><br />
<tr><td>come about</td><td>happen.</td></tr><br />
<tr><td>come by</td><td>get.</td></tr><br />
<tr><td>come off</td><td>take place.</td></tr><br />
<tr><td>come out</td><td>transpired.</td></tr><br />
<tr><td>come round</td><td>agree.</td></tr><br />
<tr><td>come round</td><td>recover within a week. .</td></tr><br />
<tr><td>come to</td><td>amount to.</td></tr><br />
<tr><td>cried up</td><td>extolled.</td></tr><br />
<tr><td>cry down</td><td>depreciate.</td></tr><br />
<tr><td>cut down</td><td>reduce your expenditure. .</td></tr><br />
<tr><td>cut him up</td><td>afflicted him, distressed him.</td></tr><br />
<tr><td>cut off</td><td>died.</td></tr><br />
<tr><td>cut out for</td><td>specially fitted to be.</td></tr><br />
<tr><td>done for</td><td>ruined.</td></tr><br />
<tr><td>done up</td><td>fatigued, exhausted.</td></tr><br />
<tr><td>eat humble pie</td><td>accept humiliation.</td></tr><br />
<tr><td>eat one's own words</td><td>retract in humiliation, what a person has said.</td></tr><br />
<tr><td>fallen off</td><td>deteriorated.</td></tr><br />
<tr><td>fallen out</td><td>quarrelled.</td></tr><br />
<tr><td>fallen through </td><td>failed for want of support. .</td></tr><br />
<tr><td>falls in with</td><td>happens to meet.</td></tr><br />
<tr><td>fell back</td><td>retreated, yielded.</td></tr><br />
<tr><td>fell off</td><td>diminished.</td></tr><br />
<tr><td>gave away</td><td>distributed, presented.</td></tr><br />
<tr><td>gave himself away</td><td>betrayed himself.</td></tr><br />
<tr><td>gave off</td><td>emitted.</td></tr><br />
<tr><td>gave out</td><td>were exhausted.</td></tr><br />
<tr><td>gave way</td><td>broke, snapped.</td></tr><br />
<tr><td>get at</td><td>attack.</td></tr><br />
<tr><td>get off</td><td>escape.</td></tr><br />
<tr><td>get on with</td><td>agree or live sociably with.</td></tr><br />
<tr><td>get out of</td><td>escape from.</td></tr><br />
<tr><td>get out</td><td>remove.</td></tr><br />
<tr><td>give in</td><td>submit, yield.</td></tr><br />
<tr><td>given forth</td><td>published, noised abroad.</td></tr><br />
<tr><td>given himself up</td><td>surrendered himself.</td></tr><br />
<tr><td>given him up</td><td>i.e., have no hope of his recovery.</td></tr><br />
<tr><td>given out</td><td>published, proclaimed.</td></tr><br />
<tr><td>go by</td><td>judge from.</td></tr><br />
<tr><td>go by</td><td>to be guided by.</td></tr><br />
<tr><td>go down</td><td>be believed.</td></tr><br />
<tr><td>go into</td><td>examine, investigate.</td></tr><br />
<tr><td>gone through</td><td>suffered much. <br />
<tr><td>go through</td><td>examine.</td></tr><br />
<tr><td>got the fire under</td><td>under control.</td></tr><br />
<tr><td>got under</td><td>subdued.</td></tr><br />
<tr><td>go upon</td><td>i.e., any foundation.</td></tr><br />
<tr><td>go upon</td><td>on which to base our conclusions.</td></tr><br />
<tr><td>He has got through</td><td>passed.</td></tr><br />
<tr><td>held out</td><td>offered resistance.</td></tr><br />
<tr><td>held over</td><td>deferred, postponed.</td></tr><br />
<tr><td>held up</td><td>stopped on the highway.</td></tr><br />
<tr><td>holds out</td><td>gives resistance.</td></tr><br />
<tr><td>increased</td><td>considerably. .</td></tr><br />
<tr><td>keep back</td><td>conceal.</td></tr><br />
<tr><td>keeps up</td><td>maintains.</td></tr><br />
<tr><td>kept in</td><td>confined after school-hours. </td></tr><br />
<tr><td>kept in</td><td>confined to house.</td></tr><br />
<tr><td>kept up</td><td>carried on.</td></tr><br />
<tr><td>kept up</td><td>maintained. </td></tr><br />
<tr><td>knocked about</td><td>wandered about.</td></tr><br />
<tr><td>knocked down </td><td> sold at an auction. </td></tr><br />
<tr><td>knocked up</td><td>exhausted.</td></tr><br />
<tr><td>laid down </td><td>surrendered.</td></tr><br />
<tr><td>laid out</td><td>invested.</td></tr><br />
<tr><td>lay by</td><td>save.</td></tr><br />
<tr><td>lay out</td><td>spend.</td></tr><br />
<tr><td>let into</td><td>made acquainted with.</td></tr><br />
<tr><td>let off</td><td>punished leniently.</td></tr><br />
<tr><td>look at</td><td>will reject.</td></tr><br />
<tr><td>looking forward to</td><td>expecting with pleasure.</td></tr><br />
<tr><td>looking up</td><td>rising.</td></tr><br />
<tr><td>look into</td><td>investigate the matter. .</td></tr><br />
<tr><td>look on</td><td>regard.</td></tr><br />
<tr><td>looks after</td><td>takes care of.</td></tr><br />
<tr><td>looks down upon</td><td>despises.</td></tr><br />
<tr><td>look to</td><td>be careful about.</td></tr><br />
<tr><td>look to</td><td>rely on.</td></tr><br />
<tr><td>look up to</td><td>respect.</td></tr><br />
<tr><td>lose ground</td><td>retreat, lose some advantage.</td></tr><br />
<tr><td>made it up</td><td>become reconciled.</td></tr><br />
<tr><td>make both ends meet</td><td>subsist.</td></tr><br />
<tr><td>make out</td><td>discover.</td></tr><br />
<tr><td>make out</td><td>prove.</td></tr><br />
<tr><td>make out</td><td>read, decipher.</td></tr><br />
<tr><td>make over</td><td>convert, renovate, gift in charity.</td></tr><br />
<tr><td>makes for</td><td>conduces to.</td></tr><br />
<tr><td>meet sb, st halfway</td><td>compromise.</td></tr><br />
<tr><td>not worth one's salt</td><td>not worthy of one's salary.</td></tr><br />
<tr><td>on one's own mettle</td><td>ability to persevere.</td></tr><br />
<tr><td>passed by</td><td>overlooked.</td></tr><br />
<tr><td>passed himself off as </td><td> pretended to be.</td></tr><br />
<tr><td>passed through</td><td>underwent.</td></tr><br />
<tr><td>passes for</td><td>is regarded as.</td></tr><br />
<tr><td>picked out</td><td>selected.</td></tr><br />
<tr><td>picking up</td><td>regaining or recovering health.</td></tr><br />
<tr><td>protested against</td><td> such injustice. .</td></tr><br />
<tr><td>pull down</td><td>demolish.</td></tr><br />
<tr><td>pulled through</td><td>passed with difficulty.</td></tr><br />
<tr><td>pulled up</td><td>scolded, rebuked.</td></tr><br />
<tr><td>pull through</td><td>recover from his illness. .</td></tr><br />
<tr><td>pull together</td><td>co-operate, work together in harmony.</td></tr><br />
<tr><td>put him up to</td><td>incited him to.</td></tr><br />
<tr><td>put in</td><td>made, sent in.</td></tr><br />
<tr><td>put me off</td><td>evade me, satisfy me.</td></tr><br />
<tr><td>put off</td><td>postponed.</td></tr><br />
<tr><td>put out</td><td>disconcerted.</td></tr><br />
<tr><td>put out</td><td>extinguish.</td></tr><br />
<tr><td>put out</td><td>vexed, annoyed.</td></tr><br />
<tr><td>puts on</td><td>assumes.</td></tr><br />
<tr><td>put through</td><td>passed.</td></tr><br />
<tr><td>put up with</td><td>endure discomfort.</td></tr><br />
<tr><td>put up with</td><td>tolerate.</td></tr><br />
<tr><td>put you to</td><td>give you trouble.</td></tr><br />
<tr><td>run down</td><td>enfeebled .</td></tr><br />
<tr><td>run into</td><td>incurred.</td></tr><br />
<tr><td>running over</td><td>overflowing.</td></tr><br />
<tr><td>run out</td><td>expired, come to an end.</td></tr><br />
<tr><td>runs down</td><td>disparages.</td></tr><br />
<tr><td>run through</td><td>squandered away.</td></tr><br />
<tr><td>run up to</td><td>amounted to a large amount. .</td></tr><br />
<tr><td>saw through</td><td>detected.</td></tr><br />
<tr><td>see him off</td><td>witness his departure.</td></tr><br />
<tr><td>see into</td><td>discern.</td></tr><br />
<tr><td>set about</td><td>took steps towards organizing the department.</td></tr><br />
<tr><td>set apart</td><td>reserved.</td></tr><br />
<tr><td>set aside</td><td>annulled.</td></tr><br />
<tr><td>set down</td><td>charge his loss to me. .</td></tr><br />
<tr><td>set forth</td><td>explained, made known his views at length. .</td></tr><br />
<tr><td>set him down</td><td>snub him.</td></tr><br />
<tr><td>set me up</td><td>establish myself.</td></tr><br />
<tr><td>set off</td><td>started.</td></tr><br />
<tr><td>set one's face against</td><td>resist with determination.</td></tr><br />
<tr><td>sets in</td><td>begins.</td></tr><br />
<tr><td>sets off the picture</td><td>i.e., enhances its beauty by contrast .</td></tr><br />
<tr><td>set up for</td><td>pretended to be a millionaire. .</td></tr><br />
<tr><td>set upon</td><td>attacked.</td></tr><br />
<tr><td>set up</td><td>started business.</td></tr><br />
<tr><td>set you on</td><td>instigated you to do it .</td></tr><br />
<tr><td>speak of</td><td>worth mentioning. .</td></tr><br />
<tr><td>speak out</td><td>express my opinion freely.</td></tr><br />
<tr><td>stand by</td><td>support.</td></tr><br />
<tr><td>standing up for</td><td>championing the cause of.</td></tr><br />
<tr><td>stand it out</td><td>endure it to the end without yielding.</td></tr><br />
<tr><td>stand over</td><td>be deferred or postponed.</td></tr><br />
<tr><td>stand up for</td><td>vindicate, maintain their rights. .</td></tr><br />
<tr><td>struck down with</td><td>attacked by.</td></tr><br />
<tr><td>struck in</td><td>interrupted.</td></tr><br />
<tr><td>struck off</td><td>removed.</td></tr><br />
<tr><td>take in</td><td>comprehend, understand.</td></tr><br />
<tr><td>taken to</td><td>become addicted to.</td></tr><br />
<tr><td>takes after</td><td>resembles.</td></tr><br />
<tr><td>takes up</td><td>occupies.</td></tr><br />
<tr><td>take up</td><td>occupy.</td></tr><br />
<tr><td>talked over</td><td>discussed.</td></tr><br />
<tr><td>talk him over</td><td>convenience him by taking.</td></tr><br />
<tr><td>tell against you</td><td>i.e., prove unfavourable to you.</td></tr><br />
<tr><td>telling upon</td><td>affecting.</td></tr><br />
<tr><td>The thief got away</td><td>escaped.</td></tr><br />
<tr><td>threw over</td><td>abandoned or deserted.</td></tr><br />
<tr><td>threw up</td><td>resigned.</td></tr><br />
<tr><td>thrown away</td><td>wasted.</td></tr><br />
<tr><td>thrown out</td><td>rejected.</td></tr><br />
<tr><td>turned against</td><td>became hostile.</td></tr><br />
<tr><td>turned out</td><td>proved.</td></tr><br />
<tr><td>turned up</td><td>appeared.</td></tr><br />
<tr><td>turn him off</td><td>dismiss him.</td></tr><br />
<tr><td>turns out</td><td>produces, manufactures.</td></tr><br />
<tr><td>turn up</td><td>happen.</td></tr><br />
<tr><td>went off well</td><td>was a success.</td></tr><br />
<tr><td>went over</td><td>examined.</td></tr><br />
<tr><td>within an ace of</td><td>very close to.</td></tr><br />
<tr><td>worked out</td><td>solved.</td></tr><br />
<tr><td>worked upon</td><td>influenced.</td></tr><br />
<tr><td>work on</td><td>influence.</td></tr><br />
<tr><td>work up</td><td>excite.</td></tr><br />
<tr><td>kick the bucket</td><td>die (derogatively).</td></tr></table><br />
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<br />
<br /><div style='position: relative; white-space:normal;' ><ol><br /><h1>TODAY'S EPISODE FROM VYASA MAHABHARATA ENGL. TRANSL.: :</h1> <li>■VYASA MAHABHARATA TRANSLATED BY GANGULI, BOOK3, BOOK OF FOREST/m03298.♞:</li>
<br /><li>The Mahabharata, Book 3: Vana Parva: Pativrata-mahatmya Parva</li>
<br /><li>Baron Karna to Lord Indra in disguise:- If it pleaseth thee, tell me, O illustrious one, who you are in the guise of a Brahmana!'— </li>
<br /><li>The Brahmana [Demy God Indra to Baron Karna]: 'O son, I am he of a thousand rays ! Out of affection, I point out to you the path ! Act you according to my words, as it is for your great good to do so !' </li>
<br /><li>[Baron Karna replied to Demy God Indra]: 'Surely, this itself is highly fortunate for me that the god himself of splendour addresses me today, seeking my welfare.</li>
<br /><li>Listen, however, to these words of mine ! May it please thee, O bestower of boons, it is only from affection that I tell you this! If I am dear to thee, I should not be dissuaded from the observance of my vow! O you that are possessed of the wealth of effulgence, the whole world knoweth this to be my vow that, of a verity, I am prepared to give away life itself unto superior Brahmanas ! If, O best of all rangers of the sky, SAKRA (INDRA) cometh to me, disguised as a Brahmana, to beg for the benefit of the sons of Pandu, I will, O chief of the celestials, give him the ear-rings and the excellent mail, so that my fame which has spread over the three worlds may not suffer any diminution! For persons like us, it is not fit to save life by a blame-worthy act.</li>
<br /><li>On the contrary, it is even proper for us to meet death with the approbation of the world and under circumstances bringing fame.</li>
<br /><li>Therefore, will I bestow upon Indra the ear-rings with my coat of mail [=battle chest armor]! If the slayer himself of Vala and Vritra cometh to ask for the ear-rings for the benefit of the sons of Pandu, that will conduce to my fame, leading at the same time to his infamy! </li>
<br /><li>O you possessed of splendour, I wish for fame in this world, even if it is to be purchased with life itself, for they that have fame enjoy the celestial regions, while they that are destitute of it are lost.</li>
<br /><li>Fame keepeth people alive in this world even like a mother, while infamy killeth men even though they may move about with bodies undestroyed.</li>
<br /><li>O lord of the worlds, O you possessed of the wealth of effulgence, that fame is the life of men is evidenced by an ancient sloka sung by the Creator himself, —In the next world it is fame that is the chief support of a person, while in this world pure fame lengthens life.</li>
<br /><li>Therefore, by giving away my ear-rings and mail [=battle chest armor] with both of which I was born I will win eternal fame ! And by duly giving away the same to Brahmanas according to the ordinance, by offering up my body (as a gift to the gods) in the sacrifice of war, by achieving feats difficult of performance, and by conquering my foes in fight, I will acquire nothing but renown.</li>
<br /><li>And by dispelling on the field of battle the fears of the affrighted that may beg for their lives, and relieving old men and boys and Brahmanas from terror and anxiety, I will win excellent fame and the highest heaven.</li>
<br /><li>My fame is to be protected with the sacrifice of even my life.</li>
<br /><li>Even this, know thou, is my vow! By giving away such a valuable gift to Maghavan [=demy God Indra] disguised as a Brahmana, I will, O god, acquire in this world the most exalted state.</li>
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<br /><div><br /><div style='width:70%; border: 4px double #ffffff; font-family: \"Times New Roman\",Serif; text-align:justify; background:#aaaaff '><b>I undertake English, Hindi, Telugu language Translations. My labor charges: Ind. Rs. 110 per input page. E-mail input files to y b h a s k at g m a i l .com. No need to phone. Some of the documents which I have translated earlier: Sale Deeds, Public Copies of Sale Deeds, Sale Agreements, Lease Agreements, Mortgage Deeds, Land Records such as pahani-chowfasla, 10-1Adangal, Legal Notices, Replies to Legal Notices, Court Decrees, Police FIRs, Inquest Reports, Market Brochures, Employee Standing Orders, Letters to Govt. Departments, Letters received from Govt. Departments, Birth Certificates, Death Certificates, Marks Lists, Ration Cards, Ration Card Name deletion Certificates, Adoption Agreements, Divorce Agreements etc. etc.</b></div>
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<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-32720555655371906222017-12-01T21:04:00.000-08:002017-12-01T21:36:29.570-08:00012 Views of Mr. Narendra Modi in Conference of CMs and Judges, are subjective!<div dir="ltr" style="text-align: justify;" trbidi="on">
<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEj8VXp9RmgdfoVqAW8MWbzWHdACmD0XlvLPvoHLmF-uH2TPzT6x5oT_DSMqDK7edBf6S98kzNvK3HSZ4raKsx9VrRU0OWbyyKxeRhpBigSFxfMHjRtVdE3WzjKyiJSp_bf0ps_9Cw/s1600/Justice_T._S._Thakur.jpg" style='height:20em;'></img><img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhRhE1BwTWWxvjlUEwTyl1vNy8_wrVEYDMAvJ6Q20L53dodBDPHQlueKcXrMBgxAlh9d9JRqpzfmXYtT_74yw6QeZaZHNKmLhSxizWGLcBqMcAOF9vlwv75CuDL887_Ae_K3IY0Kw/s1600/teestasetalvadpicwikipedia.jpg" style='height:20em;'></img>
<br />Outgoing-Retiring Chief Justices of India, express their anguish about the hundreds of thousands of cases piling up in Indian Judicial System, owing to shortage of Judges, Court Rooms. Justice Thakur was one among them. He emotion filled appeals also did not melt the hearts of our National Rulers, both of the UPA, and the NDA. Shri Narendra Modi, Hon. Prime Minister of India, is reported to have remarked, about the functioning of Indian Judicial System:--
<br /><br /><table border='1'><tr><td>Hon. Prime Minister's alleged Remark</td><td>ybrao a donkey's personal view, not intended to be imposed on others</td></tr>
<tr><td>“...It is never too difficult to deliver justice within the boundaries of the law and Constitution. But it is very difficult to find the truth between perception and reality. It must be pondered over whether five-star activists are driving the judiciary today… if havoc is created to drive the judiciary. It has become difficult to deliver justice in
an atmosphere of perception...”</td><td>Hon. Narendra Modi may be pointing out his finger towards NGOs and Activists such as Ms. Teesta Setalvad, an Indian civil rights activist and journalist, reported to be the secretary of Citizens for Justice and Peace (CJP), an organisation formed for fighting for justice for the victims of communal violence in the state of Gujarat in 2002. CJP is a co-petitioner seeking a criminal trial of Narendra Modi, the then Chief Minister of Gujarat and the current Prime minister of India and sixty-two other politicians and government officials for complicity in the Gujarat violence of 2002 and whose names did not figure in any of the FIRs /charge sheets that formed the subject matter of the various Session Trials regarding the riots at that point of time. <br /><br />No. of such Foreign-Aided litigations may be few in number. They need not be treated as nuissance. Ultimately when they are disposed off by the Judiciary as appropriate on merits, the Foreign Donors will get a message that their Finances were futile. On the other hand, if the Indian Government, or the Indian Courts shun such litigations, the Foreign Donors may use such as instances as their Publicity Material.
<br /><br />Problems of Law and Order in Indian States are essentially India's domestic internal issue, about which Foreign Organisations, and their branches-subsidiaries in India cannot have any locus standi. Their trying to interfere into India's internal affairs, that will not only be against Geneva Convention, but also, other priorities of Global Organisations will get neglected.
<br /><br />The Sufferings of the Indian Judicial System, and the activities of Foreign Contribution Beneficiary Human Rights Activists, may have to be dealt with separately. The Indian Judiciary can effectively deal with frivolous/vexatious litigation promoted by Groups receiving Foreign Contributions. Indian Judicial System does not need any prodding in this respect.
<br /><br />The problems of the Indian Judicial System are more serious, if we consider that Rule of Law is the backbone of our Democratic System. Indian Political Rulers cannot use Foreign-Promoted-Litigations pending in Courts, as a Lever to make Indian Judiciary subservant to Indian Politicians. </td></tr>
</table>
<br /><br />To come back and continue adding / deleting / modifying.
</div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-29327173889536039532015-04-06T06:23:00.000-07:002020-02-09T01:18:17.679-08:00011 Justice should not only be done, but also should appear to have been done!<div dir="ltr" style="text-align: left;" trbidi="on">
<img src="http://supremecourtofindia.nic.in/judges/judimages/hldattu.jpg" style="height: 15em;" />
<img src="http://supremecourtofindia.nic.in/judges/judimages/kjoseph.jpg" style="height: 15em;" /><br /><br />Photos courtesy <br />
<br />
<a href="http://supremecourtofindia.nic.in/judges/sjud/hldattu.htm">http://supremecourtofindia.nic.in/judges/sjud/hldattu.htm</a> <br />
<a href="https://www.blogger.com/%20http://supremecourtofindia.nic.in/judges/sjud/kjoseph.htm"> http://supremecourtofindia.nic.in/judges/sjud/kjoseph.htm</a><br /><br /><br />Readers can also see the biodata of the Hon. Justices at the above links.<br />
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<br />
<b>Context</b><br />
<br />
<b>This is in continuation of </b>my post No. 010 at this blog: <b> <a href="http://indianlawyb.blogspot.in/search/label/010">http://indianlawyb.blogspot.in/search/label/010</a></b><br />
<br />
<br />
Hon. Justice Joseph expressed his inability to attend a dinner-cum-Conference of CMs and Justices hosted by Prime Minister of India, as it was held on Easter Day.<br />
<br />
<br />
Justice Joseph has also raised some pertinent questions about future of Secularism in India, and also the particular act of holding the Conference on a day of Religious Importance.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<blockquote class="tr_bq">
"...I may with deep anguish bring to your kind notice that such an important
conference shouldn't have been held when some of us, who are otherwise
expected to be part of the event, are otherwise committed on account of
the holy days when we have religious ceremonies and family get- together
as well..."</blockquote>
<blockquote class="tr_bq">
"...Such "serious programmes" were not held during Diwali, Dussehra, Holi,
Eid etc. .."</blockquote>
<blockquote class="tr_bq">
<br /><br />
<blockquote class="tr_bq">
"...Please don't think that I am striking a communal note. Only since I see
institution like ours, which are otherwise bound to protect the secular
ethos and project secular image as per mandate of Constitution, are
slowly drifting away from the constitutional obligations, I thought of
putting this concern in writing,..."</blockquote>
</blockquote>
<br />
Hon. Justice Dattu is reported to have replied:<br />
<br />
<br />
<blockquote class="tr_bq">
"...has been questioned on the ground of inappropriate time, i.e. during
'holy and national holidays' and is being questioned by none other than
my brother judge... "</blockquote>
<br />
<br />
<blockquote class="tr_bq">
"...More important than anything else is the agenda to be discussed at the
conference, ranging from judicial reforms, computerization of courts
and reduction of backlog among other issues. "</blockquote>
<br />
<br />
<blockquote class="tr_bq">
"...The CJI and his two senior most colleagues and Chief Justices of HCs
will be free from regular court work and be able to contribute to the
cause of judiciary..."</blockquote>
<br />
<blockquote class="tr_bq">
"...The question that I have to ask myself, perhaps I can't ask you, is
whether it is institutional interest or individual interest that one
should give preference to. As far as I am concerned I would give
priority to former and not to the latter..."<br /> </blockquote>
<br />
<blockquote class="tr_bq">
"Assuming that religious ceremonies and family get together are more
important than institutional interest, you could have
asked your family to join you in Delhi. By doing that you could have
struck balance between the institutional interest and family
commitments. ... Several other participants are coming from distant
places, leaving behind families..."</blockquote>
<br />
<br />
<blockquote class="tr_bq">
"...We would have valued institutional interest more than family
commitments, especially when fingers are being raised about the
judiciary at all levels..." </blockquote>
<blockquote class="tr_bq">
</blockquote>
More observations of Justice Dattu, in a similar instance of objection raised by an advocate Lily Thomas, as reported in the Media, when a similar Conference was held in 2009 on a Good Friday:<br />
<br />
<blockquote class="tr_bq">
"... In 2007, the chief justices' conference was held on Valmiki Day, ..."</blockquote>
<br />
<blockquote class="tr_bq">
"...In 2007 and 2009, nobody had any grievance. Is it because I am CJI
(chief justice of India)? What happened to spirituality back then? If
you want to oppose it, please file a petition and let the court take a
decision, ..."</blockquote>
<br />
<br />
<b>Humble views of ybrao-a-donkey </b><br />
<br />
<br />
We shall respect every word said by the Respectable CJI. Let us accept for the time being that Justice has been done. But, can we say that Justice appears to have been done?<br />
<br />
<br />
Since 1984, we seem to have been working in a religiously charged atmosphere and environment. Citizens, irrespective of their designations and occupations have started viewing things from the point of view of religion.<br />
<br />
<br />
It may also be necessary, in National interest, to work even on all types of holidays, religious or otherwise.<br />
<br />
Both in Private and Sector, employees and executives have in fact, started working on such religious and non-religious holidays informally.<br />
<br />
In my own personal case as an Officer of a Public Sector Bank, at least for 25 years, I worked on many Sundays, Non-Religious Holidays, and Religious Holidays, because work was too heavy and pressing. To maintain efficiency, keep up promises to customers and superiors, safeguard the interests of the bank (and also safeguard one's own job simultaneously), such formal and informal work on holidays became inevitable. <br />
<br />
<br />
This dedicated and flexible approach directed towards achievement of goals and objectives has to be started<br />
<br />
1. gently.<br />
<br />
2. it should have been started by working on major holidays like Diwali which will affect most of the persons attending the Conferences. Then, the CJI should have gauged the reactions of the bulk of the participants, instead of one individual Justice or Advocate, which the CJI could easily brush aside by preaching. <br />
<br />
3. "No compulsion / obligation to attend on the holiday" ought to have been communicated to the participants (except the top three Senior Supreme Court Judges whose presence was considered essential. Abstaini8ng participants could also have been promised/ provided with videos / minutes of the Conferences, as may be necessary.<br />
<br />
<br />
(To continue and revise depending on the sensibilities of the Readers and Receivers of this message).<br />
<br /></div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com2tag:blogger.com,1999:blog-35389703.post-71822321655199620532015-04-05T21:32:00.000-07:002015-04-05T21:41:04.561-07:00010 Independence of Indian Judicial System should be preserved<div dir="ltr" style="text-align: left;" trbidi="on">
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Photo courtesy <a href="http://en.wikipedia.org/wiki/H._L._Dattu">http://en.wikipedia.org/wiki/H._L._Dattu</a> .<br />
<br />
<br />
010 Is a Conference of CMs & High Court Judges at Delhi on 5th April 2015 necessary?<br />
<i>010 Hindi language: kyA 5 April 2015 dinAnk dilli mEn huvA mukhya mantriyOm aur nyAyamUrtiyOm ke sabhA avaSya hai?</i><br />
<br />
<br />
In my (ybrao a donkey) humble personal view, I feel that there is no need at all, of this Conference of CMs and Judges in Delhi.<br />
<br />
<br />
If Government of India wanted to convey its opinions about the functioning of the Indian Judicial System, it could have conveyed in writing, through the Law Ministry to the Supreme Court officially. An appropriate Bench or a Committee/Collegium of Judges of Supreme Court might have examined the issues raised by the GOI.<br />
<br />
<br />
Prime Minister and Chief Ministers of States, better <span style="color: red;">not to have a need and opportunity to pontificate to CJI and judges on how they decide cases</span>. This is important because after the removal of Collegium System for appointment and elevation of Judges of High Court and Supreme Court, the Government of India has captured a dominant position over the judiciary. <br />
<br />
<br />
Though publicised as a dinner in honor of Judges, the meeting ended up in the PM and CMs giving directions to the Judges. The meeting is nothing but a covert attempt to influence the Judiciary and the Judges.<br />
<br />
<br />
In future, these dinner meetings may be converted into Review Meetings by PM and CMs, which do not run on EQUALS - TO - EQUALS BASIS, but may run as SUPERIOR - TO - SUBORDINATES basis.<br />
<br />
<br />
(Those who are familiar with the functioning of Governments in India at different levels, can perceive them as open-house banging of bureaucrats by the politicians in power. The hammered bureaucrats, depending on their personalities, may swallow the insults, receive them with one ear, and send them out through the other ears. Nothing concrete will be implemented. There may be some bureaucrats who implement the instructions of the political bosses ignoring the legalities and justifiabilities of the instructions.)<br />
<br />
<br />
Hitherto, Indians believe that Indian Judiciary operates independently, at an equal level with the Executive. Late Ms. Indira Gandhi, PMOI between 1966 and 1984 tried to tamper with this equilibrium. Some Judges tried to co-operate with her, either because they were timid and compromising, or selfish.<br />
<br />
<br />
Indians have to learn from history. They may have to guard themselves against repetition of historic, historical errors.<br />
<br />
<br />
Executives all over the world, customarily expect that Judiciaries do not intervene or interfere, when the State trods on the rights of its citizens, or when Executive indulges in repetitive injustices.<br />
<br />
On the one hand Business Houses, Corporates, Industrial Houses try to influence the Judges by throwing baits of direct and indirect bribes.<br />
<br />
On the other hand, the same Business Houses, Corporates, Industrial Houses, through bureaucrats and politicians (Executive) try to influence the Judicial decisions by sending carrots and sticks.<br />
<br />
To safeguard against all these possibilities, customarily, Judges were-are-will-be expected to stay aloof from the forces and persons which are capable of, and which have a need to influence their decisions. They are not expected to attend dinners, parties, clubs, accept felicitations, gifts -howsoever small they may be, and in the process place themselves in a position where knowingly or unknowingly they get carried away over a period of time.<br />
<br />
<br />
Though Late Jawaharlal Nehru, Late Lal Bahadur Sastry (PMOI 1964-65) were somewhat exceptions(not fully), India did not experience Prime Ministers, Ministers, CMs, MPs, who were truly and ever enthusiastic to share their power with Judiciary.<br />
<br />
<br />
In this context, it will be in the fitness of things if Judges stay aloof, as their ethical codes need them to, from the influencing forces, right from PM to India Inc. (Corporate Business Houses of India, India Inc. are also called Bombay Club). Their power, though undocumented so far, is immeasurable, and proportionate to the money power they wield.<br />
<br />
<br />
<br />
<b>PROBLEM OF PENDENCY OF CASES in terms of chronology, quantity, quality.</b><br />
<br />
For this problem, there are no shortcuts. Large number of courts, in proportion to population are to be established. <br />
<br />
Large number of judges, in proportion to population are to be appointed. <br />
<br />
Infrastructure such as Computer systems, Telecommunication systems, Data Mining Systems, are to be created in sufficient quantities and qualities.<br />
<br />
Methods of handling trials, appeals, reviews, framing of charges, framing of issues, service of summons, admission of evidence, submission of arguments and counter-arguments, examination of witnesses, have to undergo sweeping changes, <i>WITHOUT DILUTING JUSTICE.</i><br />
<br />
Justice Delivery Systems (Role of Ratio decidendi, Obiter dicta, Writing of judgements, communicating them, publishing them, etc.) have all to undergo substantial changes, <i>WITHOUT DILUTING JUSTICE.</i><br />
<br />
LOK ADALAT and ARBITRATIONS are <b>not substitutes for proper enquiries, trials, appeals, reviews. </b> Devoid of proper systems and procedures, full of deviations, Lok Adalats and Arbitrations can never serve the cause of Justice or Jurisprudence.<br />
<br />
<br />
<b>LAST BUT NOT LEAST</b><br />
<br />
Today, Indian Judiciary has no independent organs under its direct control to independent inquiries where the Government Departments (Revenue, Police etc.) fail in their duties, or perform them perfunctorily or with bias). <span style="color: red;">Judiciary should have its own Police Investigation Wing, for special investigations when seriousness warrants.</span><br />
<br />
Today, Indian Judiciary has no independent organs under its direct control to enforce its judgements. If the enforcing authorities (such as Revenue, Police) fail to enforce the court decrees, at present, remedy available is Contempt of Court proceedings. <span style="color: red;">Judiciary should have its own Enforcement Apparatus.</span><br />
<br />
<br />
(To continue. HINDI: sashEsh.)</div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-22247712653349313932014-02-23T09:34:00.000-08:002014-02-23T09:59:42.641-08:009 Prevention of MiscarriagesPrevention of Miscarriages
<br>9 High Courts and Supreme Courts ought to aim to prevent injustice. What is the use of post mortem?
<hr style='height: 12px; color: magenta; background-color:yellow; border:4px solid green;'>
Topics for discussion: Miscarriage of Justice, High Courts, Supreme Court, Constitution, A.P. Bifurcation
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With due respect to the Supreme Court of India and the State High Courts in India, I am anguished to express my feelings as under:
<br><br>Supreme Court and High Courts seem inclined to intervene only after an injustice takes place and refuse to intervene if the petitioners approach in advance.
<br><br>Prevention of injustice, rather than some artificial correction after miscarriage of justice, ought to be the objective of a truly responsive Justice System.
<br><br>Philosophy of Justice expects that courts have to intervene, when applicants approach ahead of the actual happening of injustice, if there are indications of the injustice taking place, prima facie.
<br><br>Andhra Pradesh Bifurcation Bill serves as the best example of miscarriage of justice owing to refusal of High Courts and the Apex Court, in spite of prospective sufferers approaching the courts in advance.
<br><br>Whenever the prospective sufferers approached, the courts said 'this is not the right time; approach at an appropriate time'. At least, the courts ought to have indicated that they would intervene suo motu. The circumstances were obvious enough to foresee that there was an impending possibility of unjust laws being enacted, ignoring a duly constituted State Assembly's opinion. But, the Courts didn't say that they will take up the matter suo motu.
<br><br>The applicants ran across Hyderabad and Delhi seeking justice, but the justice never dawned. Bills were passed in Lok Sabha and Rajya Sabha in a cruel manner. The Governments are now proceeding with their dictatorial whims and fancies.
<blockquote style='border: 4px ridge #007700; background:khaki;'>
"We do not think this is the appropriate stage for us to interfere. There is no change in circumstances between November 18 when we dismissed petitions on the same issue, and now. They can file appropriate petitions at the appropriate time,''
</blockquote>
Now, both the Houses of Parliament have passed the Bill, without any meaningful discussion. Bifurcation Process of the State has become nearly irreversible.
<br><br>If a Court refuses to intervene before an enactment of a bill full of all types of unjust provisions, amidst the Executive and Opposition repeatedly declaring that they are going to get the bills passed by all means, and proceed with their unjust motives, how will the courts correct the enactments, after everything is irreversibly changed.
<br><br>Just as a raped person cannot be restituted to the pre-rape virgin position, states once formed cannot be easily combined again and the offices shifted back, staff retransferred cannot be easily taken back to their original State etc. Will the court then say, everything is over, what we can do now at this stage?
<br><br>The oft-repeated cliche quote 'Justice delayed is justice denied' becomes a reality.
<br><br>When will the Supreme Court and State High Court intervene?
(To continue revising this post).<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com2tag:blogger.com,1999:blog-35389703.post-31904308036682352762013-10-24T06:10:00.000-07:002020-02-09T01:07:20.574-08:00#008 Lawyers and Bar Associations should not refuse to defend accused rapists<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEi2G4eFsT-hLlRPdFiIrzfdhW3-vVvsE9MrJ4qtel05Uunldj7AyVsVT01XzGGO58qRhu21PM1DCktoA08GjJenrPrGHSMDsKQFoRNZQHX8l_e7Lz2y2TsK3D_QCcbWFP-DGIaL-Q/s1600/hyderabadlocalcourts.jpg" style='width:90%;'></img>
<br />Abhaya Rape Case refers to the rape of a 23 year old IT techie of Madapur, Hyderabad, in a volvo cab, by two men posing as taxi drivers. They drove the victim to an isolated mango grove in kollUr (medak District), where she was raped and threatened with dire consequences. Later, they dropped the bleeding victim at her hostel in Gowlidoddi. This took place on 22nd October 2013. It is heartening to note that Cyberabad Police acted very swiftly and arrested the two accused in a very short time and produced him before Miyapur Court. The Cyberabad police could get two days custody of the rapists.
<p><b>LAWYERS' DECISION NOT TO TAKE UP DEFENCE</b></p>
<br>Deccan Chronicle reported that Rangareddy District Bar Association has resolved to request its advocates not to accept the case for defence.</p>
<p>Analysis</p>
<br>The resentment of the society and the lawyers to the ghastly series of rapes taking place in Hyderabad, is undestandable. Yet, it it not reasonable NOT to take up the case of the accused for defence.
<p>Reasons:</p>
<br>It tantamounts to pre-judging even before trial. This is against jurisprudence.
<br><br>Lawyers are only assistants to courts in ascertaining facts and truth. They cannot have anything to do with their clients, even if the clients pay them fees. In fact, it would have been more apt for Indian courts to collect fees from clients from time to time and pay to defence lawyers, instead of asking the defence lawyers to collect the fees themselves from the clients.
<p><b>Question:</b> Defence lawyers are eating the salt of the clients. Hence they have both a legal and moral duty to defend them by all means.</p>
<br><br><b>Answer:</b> Their legal and moral duties can extend only to exercising reasonable care (not to be negligent), showing reasonable diligence (meaning as per artha dictionary of wordnet: conscientiousness in paying proper attention to a task; giving the degree of care required in a given situation; persevering determination to perform a task), not to ditch the clients in middle abandoning the case abruptly without giving notice. And nothing beyond.
<br><br>Defence lawyers, whenever they come across clear evidence which adversely affect their clients, cannot hide such evidences from the court. If the evidence is so serious that it will not be morally tenable for the Defence lawyers to save their clients, they can probably allow their clients to shift to another defence lawyer, with the consent of court. This may not tantamount to ditching.
<br><br>There is some difference between 'caught-red-handedly cases' (where eye witnesses immediately catch hold of the accused and hand over to police) and 'apprehended subsequently on the basis of supplementary evidence'. Eye witnesses and police going wrong in 'caught-red-handed' cases is very rare. Cases based on closed circuit cameras and other useful information, can sometimes misdirect, though such chances may be few. In the second type of cases, defence lawyers may have to undertake some independent investigation work, in addition to information revealed by the prosecution and the accused.
<br><br>Obligations of defence lawyers to clients do not including bringing out incongruous arguments in support of their clients.
<br><br>One great lawyer was reported to have argued (later denied) before Court:
<blockquote>
The complaining girl is suffering from a chronic disease “which draws a woman to a man”.
</blockquote>
<br><br>Even if what the great lawyer said was true, was there no duty for the accused rapist to stay away from that girl? Did the accused has a duty to rape her?
<br><br>Defence Lawyers often try to present complaining girls as women of loose morals and present arguments of intercourse with consent.
<br><br>If defence lawyers stop raising ridiculous and run-of-the mill arguments, rape cases move fast in courts, whether fast-track was made available or not.
<br><br>Public images of criminal defence lawyers should not go down to the level of sick persons suffering from an irresistable obsession to defend rogues. Their arguments may be permitted by law. Yet, they, within their consciences, should know that they were not presenting facts which they arrived at with care, diligence and a crystal-like conscience. If they look into mirrors of their own clear consciences, they will know that they were presenting only routine arguments, which trying judges might have heard thousands of times, like film songs.
<p><b>Question:</b>Are court judgements really unpredictable?</p>
<br><br>One Senior lawyer said that it might be difficult for lawyers to predict how judicial decisions will turn out after trial, and an astrologer might have to be consulted. This unpredictability results from the actions of the accused (bribing or threatening witnesses), defence lawyers (dilly-dallying by presenting cockeyed arguments), prosecutors (influenced by powerful persons), judges (may be from idiosyncrasies and foibles), caselaw (conflicting Supreme Court judgements owing to numerous variations among cases) and interpretation of Sections of statutes.
<p><b>Question: Don't give more reasons. Suggestion solutions.</b></p>
<br><br>Answer: Probably we may have to computerise factors which form the ratio decidendi. We have to use sets of say 50 parameters of facts, arguments, dependencies, reliabilities, statutes, case-law, giving appropriate weightage for each parameter (say example - mandatory section 25%, primary evidence 25%, circumstantial evidence 10%, case law 10% etc.). All the three parties (prosecution -weight=2, defence -weight=1.5, and judges -weight=6) have to feed their responses y/n/can't say into the computers. Computer algorithms are to be built for mathematically arriving at the right decision. This decision can be reviewed by Senior judges to examine if computers have arrived at absurd conclusions. The main object should be to minimise subjective idiosyncratic personal elements in judgements, without sacrificing the benefit of interpreting with human intellect. We have to strike a balance of 40% + 60% for these two.
<p><b>Question: </b> We have two arguments. 1) Justice delayed is justice denied. 2) Justice hurried is justice burried. Which argument, should we choose?</p>
<br><br>Normally, except accused + their family members and victims + their family members, others may not have any real personal interest in the outcome of criminal cases. Though reputation of prosecuting lawyers, defence lawyers, police officers, trial court judges, may be at stake and may affect their professional progress, yet, their interests will not be as hard-stressed as those of accused and victims. With the afflux of time, all the stake holders (except accused and victims) may start taking things impersonally. I shall not venture to compare the transformation of Stakeholders into stakeless stones , to guards of graveyards where everyday they see dozens of corpses passing through the gates end up in pyres or trenches.
<p><b>Question: Can you give an example?</b></p>
<p><b>Answer: </b>A gunfire took place in a film actor's home and a producer was hurt. There were indications of wiping out evidence, by cleaning the premises. Subsequently after somedays, a watchman on the lawn of house was murdered. The victim-complainant film producer turned adverse and went back from his own statements. Outcome= acquittal. Film business as usual. </p>
<p><b>Question:</b>If some accused comes out unscathed after trials and appeals, can we say that he is clean and innocent?</p>
<br><br><b>Answer:</b>Answer for this question will depend on facts, arguments, interpretations, afflux of time which has taken place (in the meantime witnesses may turn hostile or may die), and umpteen other things.
<br><br>Courts deliver only legal justice which depends on evidence, interpretation of evidence and circumstances. Legal justice can sometimes coincide with natural justice, in which case we can say that the goal of rule of law has been served. Legal justice can sometimes convict innocent persons and acquit guilty persons owing to lack of evidence or adequate representations for parties, lack of skills on the part of lawyers and judges, short-comings of witnesses, anything under this sky.
<br><br>Thus, legal justice converging with natural justice is an ideal situation.
<p><B>Question:</b> So, conclusion?</p>
<br><br><b>Answers: </b> Lawyers and Bar Associations, may better come forward to defend accused rapists, without prejudging them. Lawyers will serve the cause of justice, by working honestly with diligence and commitment to law. No need to unduly commit to clients (rapists or not court will decide), simply because they pay fees. Union Government should make a law which facilitates appointment of defence lawyers by courts in every criminal case without consulting clients, and collection of fees from clients for passing on to defence lawyers. Courts may have to decide whether the fees is to be collected from clients or from the State Exchequer (in case of poor clients). Release of fees to lawyers is to be made in instalments.
<br>(To continue to edit/revise, as may be needed).<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-43105110643345039892011-11-10T23:22:00.000-08:002019-02-28T21:38:04.903-08:00007 Seven sins of Indian Higher Judiciary<div dir="ltr" style="text-align: justify;" trbidi="on">
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<br />Indian Express.Com, in its dated 11.11.11, published a news item. Link for reading this News Item: <a href="http://www.indianexpress.com/news/higher-judiciary-guilty-of-7-sins-exsc-judge-pulls-no-punches/874183/2" target="_blank">Higher judiciary guilty of 7 sins: ex-SC judge pulls no punches</a>.
<br /><br /><blockquote>
<h4>SEVEN SINS TAKING PLACE IN INDIAN JUDICIARY</h4>
<br />1. temporise, stone-wall and prevaricate.
<br />2. Keeping the process of Appointments of High Court and Supreme Court Judges as extreme Secrets.
<br />3. Taking Independence of Judiciary to mean "capable of thinking for oneself,"
<br />4. plagiarism and prolixity. --Prolific and often unnecessary use of passages from textbooks and decision of other judges - without acknowledgment of in the first case and with acknowledgment in the latter. Many judgments are, in fact, mere compendia or digests of decisions of decisions on a particular issue with very little original reasoning in support of the conclusion,
<br />5. Judicial arrogance as to one's intellectual ability and status.
<br />6. Intellectual Arrogance, and Intellectual Dishonesty.
<br />7. Nepotism. "What is required of a judge is a degree of aloofness and reclusiveness not only vis-a-vis litigants but also vis-a-vis lawyers. Litigants include the Executive," "Injudicious conduct includes known examples such as judges using a guest house of a private company or a public sector undertaking for a holiday or accepting benefits like the allocation of land from the discretionary quota of a Chief Minister. I can only emphasise that again nothing destroys a judge's credibility more than a perception that he/she decides according to closeness to one of the parties to the litigation or what has come to be described in the corridors of courts as 'face value'."
</blockquote>
<BR /><BR /><h5>ybrao-a-donkey's personal views not intended to be imposed on others</h5>
Ms. Ruma Pal, former Supreme Court Justice was reported to have made the above comments.<br />
<br />
<b>How we can view, probably</b><br />
1. Ms. Jus. Ruma Pal is entitled to her own views. We shall respect her right to express them publicly also.<br />
<br />
2. We can make two notes: Had she made these observations before becoming a Supreme Court Judge, she might/would not have been appointed. Instead, she would have been tried for contempt of court.<br />
<br />
She would not have been justified in making these comments, while working as a Supreme Court Judge, as that would tantamount to insulting her own colleagues.<br />
<br />
3. She seems to have, therefore, done the right thing of commenting after retiring. Better late than never! But, she may still be inviting contempt of court proceedings. Or at least, she would be foregoing appointments as some regulator or Chairperson of Commission of Enquiry. Alternatively, we can also construe that she may be making these comments only because she is not receiving her due enquiry commission / regulator job. But I shall not prefer the second comment because it will be prejudging. We can wait and see how things will turn out.<br />
<br />
4. Our Judicial System is our last straw to float in an avalanche of corruption. Though not a dependable straw, we have no alternative.</div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-51542026763636333692011-10-15T02:21:00.000-07:002020-02-11T09:41:53.546-08:00006 Objective Type Multiple Choice Questions Test on Indian Law<div dir="ltr" style="text-align: left;" trbidi="on">
<img src="https://lh6.googleusercontent.com/-kfy7ShoJBGo/VSIUyO3H5_I/AAAAAAAADao/BvH-uZPYMO4/s128/constitution.jpg" style="height: 15em;" />
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<br />
<input id="h" name="h" type="hidden" value="A lawyer is a director of a holding Company. Its subsidiary approached him to argue a case on its behalf. He has pecuniary interest a`in the subsidiary. b`in the holding Company c`both d`none e`c. Pecuniary interest means monetary stake. The financial performances of holding company and its subsidiary are interlinked.^ The meaning of equality under Indian Constitution under Art. 14, seems to be a`equals should be treated equally b`unequals should be treated unequally c`both d`none e`c.^ Hussainara Khatoon v. State of Bihar Supreme Court case stressed the importance of a`speedy trial b`freedom of occupation c`reservations d`basic structure of the Constitution e`a. This speedy trial comes under protection of personal freedom and hence comes under the umbrella of art. 21.^ Art. 21 protects a`religious freedom b`minorities c`cultural freedom d`life and personal liberty e`d.^ The obligation of lower courts to be bound by the law laid down by Supreme Court stems from a`previous case laws b`art. 141 c`customary law d`all e`b. See art. 141.^ State can confer ___ titles. a`academic b`military c`both d`no titles e`c. Art.18.^ Indian Citizens cannot accept ___ from foreign States. a`academic b`military c`academic and military d`any title e`d. Art. 18-2. Awards are different from titles!.^ Seventh schedule to Indian Constitution divides legislative lists a`among states b`between Center and the States c`States and the Union Territories d`none e`b.^ Impeachment is necessary for removal of a`High Court Judges b`Supreme Court Judges c`any one d`no impeachment e`c.^ ___ can impeach High Court Judges. a`Parliament b`State Legislatures c`Supreme Court d`any one in consultation with one another e`a.^ Judges of subordinate courts in India are accountable to a`Department of Law in the State b`High Courts c`both d`none e`b.^ Where parties agree to arbitration, they a`violate Sec. 28 of Indian Contrct Act b`do not violate Sec. 28 of Contract ACt c`.. d`.. e`b. Sec. 28 allows arbitration.^ Judges in India apply ___ law to decide cases. a`common law b`case law c`statute d`all e`d.^ Suits jurisdiction-- Cases in India can be lodged with courts a`at the place of cause of action b`at the place of residence of defendent c`a or b d`anywhere in the State where the defendent resides e`c.^ High Courts in India-- The range of number of cases filed yearly, is a`less than a million b`1 to 2 million c`2 to 5 million d`5 to 10 million e`b. It is 1.5 million in 2007.^ Administrative Tribunals in India-- can decide issues only of a`law b`facts c`both d`neither law nor facts e`b.^ Adjudication by administrative agencies in India-- is subject to a`internal appeals b`appeals to civil courts c`appeals to civil courts only after internal appeals fail d`a and c e`d.^ Force mejeure-- relates to a`circumstances within the control of a party b`circumstances beyond the control of a party c`malicious motive of a party d`bona fides of a party e`b.^ Contracts deliberately ignoring mandatory provisions of an Act-- a`become patently illegal b`will be against policy c`both d`none e`c.^ Rules of Evidence-- A rule of evidence whereby the negligence of an alleged wrongdoer can be inferred from the fact that the accident happened is a`mens rea b`causus belli c`res ipsa loquitur d`audi alterim partem e`c.^ Legal Remedies-- any wrongdoing for which an action for damages may be brought is a`actus reus b`causus bellis c`tort d`vicarious liability e`c.^ A wrongful interference with the possession of property (personal property as well as realty)-- can be termed as a`tort b`treason c`tresspass d`nuisance e`c.^ The doctrine of sovereign immunity cannot any longer protect the tortious actions of its officers. a`true b`false c`.. d`.. e`a. See the cases of Nilabati Behra etc.^ Which of the following are likely to play a role in assessing the compensation payable to the victims of custodial death? a`principles of motor vehicle compensation b`Principle of income replacement c`factors of dependency d`any or all depending on discretion of courts e`d.^ Arbitral Awards-- become final when an application is not filed to set aside within a`three months from the date of award b`three months from the date of receipt of copy of award c`any period which courts may decide d`none e`b. Courts may allow additional 30 days if they are satisfied about reasons for delay.^ Arbitration and Conciliation Act 1996 applies to a`domestic awards b`foreign awards c`both d`none e`c.^ Absence of proper notice of arbitral proceedings can be a valid ground for objecting to recognition and enforcement of a foreign arbitral award under a`Geneva Convention b`New York Convention c`both d`none e`c.^ Domestic Arbitration Awards-- a`courts can set aside or refuse to enforce b`courts can refuse to enforce but cannot set aside c`courts can neither set aside nor refuse to enforce d`none e`a.^ FOREIGN Arbitration Awards-- a`courts can set aside or refuse to enforce b`courts can refuse to enforce but cannot set aside c`courts can neither set aside nor refuse to enforce d`none e`b.^ UNCITRAL is a United Nations Commission connected with a`Administrative Law b`Appellate Law c`Corporate law d`Trade Law e`d. United Nations Commission on International Trade Law. They have made a Model Law which formed the basis for enactment of Arbitration and Conciliation ACt 1996 in India.^ Arbitral Tribunals under Arbitration and Conciliation Act 1996-- should have ___ of members. a`any odd number b`any even number c`sole member (only one) d`odd or even number immaterial e`a. A meaningful stipulation. In case of dissent, majority decision can prevail.^ Arbitral Tribunals for domestic arbitration-- a`should have only Indian Nationals as members b`should have only foreign nationals as members c`both in equal proportions d`no nationality restrictions e`d.^ Which of the following is true in case of Special Marriage Act 1954? a`an optional law b`an alternative to personal law c`religion of the bride and bridegroom is immaterial d`all e`d.^ A Muslim marrying another Muslim a`must go by his personal law b`both can opt for Special Marriage Act 1854 c`must approach court for permission to adopt Special Marriage Act d`none e`b.^ A Christian marrying another Christian a`must go by their personal law b`must go by Indian Christian Marriage Act 1872 c`Both can opt for Special Marriage Act 1954 d`there is some ambiguity e`d. source: Law Commission Report No. 212 of 2008.^ A Hindu Marriage under Hindu Marriage Act 1955, is a a`contract b`sacrament c`both d`none e`b.^ Solemnisation is as important as consent of the groom and the bride.^ Hindu Marriage Act 1955 overrides the Hindu customs on dissolution of Hindu marriages. a`true b`false c`.. d`.. e`b. Hindu Marriage Act recognises customs.^ Indian Divorce Act 1869 applies to a`Hindus,Buddhists, Jains, Sikhs b`Christians c`Muslims d`all e`b.^ Desertion by spouse should be at least for a period of ___ before it can become a valid reason to apply for divorce. a`6 months b`1 year c`2 years d`3 years e`c.^ Cruelty, a valid ground for seeking divorce, includes a`frequent physical assaults b`frequent abuses to bring dowry c`denial of food d`any one e`d.^ ___ of adultery is necessary/enough to seek divorce under Hindu Marriage Act 1955. a`One single proven act of adultery b`Recurring acts of adultery c`One open act of adultery d`none e`a.^ Divorce with mutual consent: The time gap between a first motion and a second motion should be at least a`six months b`one year c`two years d`three years e`a.^ A writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official~s discretion, is a`habeas corpus, b`mandamus, c`quo warranto d`certiorari e`b .^ A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case is a`habeas corpus, b`mandamus, c`quo warranto d`certiorari e`d .^ Writ of a hearing to determine by what authority someone has an office or franchise or liberty is a`habeas corpus, b`mandamus, c`quo warranto d`certiorari e`c .^ A writ ordering a an arrested person to be brought before a judge<br />is a`habeas corpus, b`mandamus, c`quo warranto d`certiorari e`a.^ A Retd. High Court judge a`can plead before subordinate courts b`cannot plead before subordinate courts c`cannot plead before subordinate courts of the State in which he worked as High Court Judge d`none e`b. source:Art. 220 of Constitution.^ Legislatures have to transact their business a`in the official languages of the State b`Hindi c`English d`any one e`d. source: Art. 210 of Constitution.^ Money Bills ___ introduced in Legislative Council. a`must be b`need not be c`shall not be d`may be e`c. source: Art. 198-1 of Constitution. ^ Non-money bills can originate in a`lower house only b`both houses simultaneously c`in any house depending on convenience d`none e`c. source: art. 196 of Indian Constitn.^ Resignation to legislature should be a`in member~s own hand b`should not be typed c`should be typed but signed by the member in his own hand d`none e`a. source: Art. 190(3) of Constitution.<br /><br /> " /><br />
<form :void="" action="javascript" id="fo2" method="POST">
</form>
<br />
<br />
<blockquote>
<br />
</blockquote>
</div>
<script language='javascript' type='text/javascript'>
var asource = []
var asource2 = []
var vscore = 0 // add marks from time to time
vscore2 = 0
var vsource = ' '
var vcomment = ' '
var acomment = []
var vtemp = ' '
var vques = ' '
var va = ' '
var vb = ' '
var vc = ' '
var vd = ' '
var ve = ' '
var ae2 = []
var vanswered = 0
var vresult = " "
var b=1
var vquescount = 0
var voutcome = ' '
var vcurrelement=' ' //element containing the ticked radio button
var vcurrselection = ' ' //checked=true - not checked= false.
function finput(form){
vresult = ' '
document.getElementById('pscore').innerHTML = "<b>"+" "+"</b>"
vsource = document.getElementById('h').value
asource2 = vsource.split("^")
for (r=0; r <= 19; r++){
var vrnd = Math.ceil(Math.random()*asource2.length)
asource[r] = asource2[vrnd]
}//end rloop
for(a=0; a<=asource.length-1; a++){
vques = (a+1) + "." + asource[a].slice(0,asource[a].indexOf("a`"))
vques = "<font color='green'>"+vques +"</font>"
va = "<br /><input type='radio' id='a' value ='a' name ='q" + a + "'/>" + asource[a].slice(asource[a].indexOf('a`')+2, asource[a].indexOf('b`'))
vb = "<input type='radio' id='b' value='b' name ='q" + a + "'/>" + asource[a].slice(asource[a].indexOf('b`')+2, asource[a].indexOf('c`'))
vc = "<br /><input type='radio' id='c' value='c' name ='q" + a + "'/>" + asource[a].slice(asource[a].indexOf('c`')+2,asource[a].indexOf('d`'))
vd = "<input type='radio' id='d' value='d' name ='q" + a + "'/>" + asource[a].slice(asource[a].indexOf('d`')+2,asource[a].indexOf('e`'))+"<br />"
ve = asource[a].slice(asource[a].indexOf('e`')+2, asource[a].indexOf('e`')+3)
ae2[a] = ve
vcomment = asource[a].slice(asource[a].indexOf('e`')+2, asource[a].length)
acomment[a] = vcomment
vresult = vresult + vques + va + vb + vc + vd
vquescount = a
}//end aloop
document.getElementById('fo2').innerHTML = "<b>" + vresult + "</b>"
//return asource, asource2, va, vb, vc, vd, ve, ae2, acomment
} //endfunc
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function foutcome(form){
document.getElementById('pscore').innerHTML = "<b>" + '.' + "</b>"
vscore=0; vscore2 = 0; var vfinalscore = ' ' ; vanswered = 0;
voutcome = ' '
for (k=0 ; k <= asource.length-1 ; k++) {
//Four choices
for(j=0; j<= 3; j++){
vcurrelement = k * 4
vcurrselection = document.getElementById('fo2')[vcurrelement+j]
//alert(document.getElementById('fo2').elements[k+j].id)
vtemp = vtemp + vcurrselection
//alert(vcurrselection.checked)
if (vcurrselection.checked){
if (vcurrselection.value == ae2[k]) {
vscore++
vanswered++
voutcome = voutcome + "<br />" + (k+1) + ": You are right--" + acomment[k]
j=4;
}//endif ans tallies
//---if ans does not tally
else{
voutcome = voutcome + "<br />" + (k+1) + "You have checked:" + vcurrselection.value + " , but answer is: " + acomment[k]
vanswered++
vscore = vscore- (.25)
j=4
} //endelse
}//end of ifchecked
////////////////////////////////////////////////////
} //end jloop - end of each radio button check procedure
} //end kloop - end of each question process
var vmxq = asource.length
vscore2 = vscore
vfinalscore = Math.ceil((vscore/vmxq) * 100) + "%" + "\n"//calc percent.
vfinalscore = "Your percentage of marks in total questions: " + vfinalscore;
vscore2 = Math.ceil((vscore2/vanswered) * 100) + "%" + "\n"//calc percent.
vscore2 = "Out of the questions you have answered, you have scored: " + vscore2;
var vansmsg = "You have answered:- " + vanswered + "questions.<br />"
voutcome = "<table border='4'><tr><td bgcolor='#ccffcc'>Scoring method: 1 mark for each correct answer. Deduction of .25 minus mark for each incorrect answer. No deduction for unattempted questions. <br /> Your percentage:" + vansmsg + vfinalscore + "<br />" + vscore2 + "<br />" + voutcome + "<br /></td></tr></table>" //adding percent to result string
document.getElementById('pscore').innerHTML = "<b>" + voutcome + "</b>"
}// Endfunc foutcome
</script>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-89558710181995745972011-06-28T06:38:00.000-07:002015-04-05T22:12:24.092-07:00005 Objective Type Test on Indian Constitution<div dir="ltr" style="text-align: left;" trbidi="on">
<img src='https://lh6.googleusercontent.com/-kfy7ShoJBGo/VSIUyO3H5_I/AAAAAAAADao/BvH-uZPYMO4/s128/constitution.jpg' style='height:15em;' />
<br />
<br />
<form id="fo" method="POST" name="foname">
<table border="4"> <tbody>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />1.<br />
Indian Constitution Objective Type Question: Art. 226 provides for writ jurisdiction of <input id="foinp0" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q1" type="radio" value="a" />Supreme Court <input name="q1" type="radio" value="b" />High Court <input name="q1" type="radio" value="c" />Trial Court <input name="q1" type="radio" value="d" />a and b </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />2.What type of writ petition a person can file, if a relative is missing and there is a suspicion that he is under secret custody of police: <input id="foinp1" type="hidden" value="a" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q2" type="radio" value="a" />Habeas corpus <input name="q2" type="radio" value="b" />Mandamus <input name="q2" type="radio" value="c" />Quo Warranto <input name="q2" type="radio" value="d" />Certiorari </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />3.Who has the temporary authority to suspend the Fundamental Rights: <input id="foinp2" type="hidden" value="b" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q3" type="radio" value="a" />Parliament <input name="q3" type="radio" value="b" />President <input name="q3" type="radio" value="c" />Supreme Court <input name="q3" type="radio" value="d" />Prime Minister </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />4.What is the importance of Article 18(4): <input id="foinp3" type="hidden" value="c" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q4" type="radio" value="a" />Right to freedom <input name="q4" type="radio" value="b" />Right to life <input name="q4" type="radio" value="c" />Padma Awards are not titles <input name="q4" type="radio" value="d" />Right to Education </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />5.Article 300A recognises the Right to <input id="foinp4" type="hidden" value="c" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q5" type="radio" value="a" />Education <input name="q5" type="radio" value="b" />Life <input name="q5" type="radio" value="c" />Property <input name="q5" type="radio" value="d" />Religious freedom </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />6.Right to Life is inspired by the Constitution of <input id="foinp5" type="hidden" value="b" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q6" type="radio" value="a" />France <input name="q6" type="radio" value="b" />Japan <input name="q6" type="radio" value="c" />Britain <input name="q6" type="radio" value="d" />United States </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />7.Article 32 helps a citizen whose Fundamental Rights were threatened, to file a writ petition before: <input id="foinp6" type="hidden" value="c" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q7" type="radio" value="a" />District Court <input name="q7" type="radio" value="b" />High Court <input name="q7" type="radio" value="c" />Supreme Court <input name="q7" type="radio" value="d" />b and c </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />8.Which provisions cannot be enforced through Courts?: <input id="foinp7" type="hidden" value="a" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q8" type="radio" value="a" />Directive Principles <input name="q8" type="radio" value="b" />Fundamental Rights <input name="q8" type="radio" value="c" />Delegated Law <input name="q8" type="radio" value="d" />NOT </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />9.Who said that Fundamental Rights represented the Conscience of the Constitution? : <input id="foinp8" type="hidden" value="b" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q9" type="radio" value="a" />Mahatma Gandhi <input name="q9" type="radio" value="b" />Jawaharlal Nehru <input name="q9" type="radio" value="c" />B.R. Ambedkar <input name="q9" type="radio" value="d" />Maulana Azad </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />10.Endless reservations on various grounds threaten which Article of the Constitution? <input id="foinp9" type="hidden" value="a" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q10" type="radio" value="a" />14 <input name="q10" type="radio" value="b" />19 <input name="q10" type="radio" value="c" />21 <input name="q10" type="radio" value="d" />32 </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />11.Whose role has become significant as the Guardian of Fundamental Rights? <input id="foinp10" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q11" type="radio" value="a" />President <input name="q11" type="radio" value="b" />Parliament <input name="q11" type="radio" value="c" />Cabinet <input name="q11" type="radio" value="d" />High Courts and Supreme Courts </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />12.Art. 20(2) provides some protection against <input id="foinp11" type="hidden" value="b" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q12" type="radio" value="a" />wrongful prosecution <input name="q12" type="radio" value="b" />double jeopardy <input name="q12" type="radio" value="c" />wrongful confinement <input name="q12" type="radio" value="d" />illegal searches </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />13.What is the Basic Structure of Indian Constitution? <input id="foinp12" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q13" type="radio" value="a" />Fundamental Rights <input name="q13" type="radio" value="b" />Directive Principles <input name="q13" type="radio" value="c" />Fundamental Duties <input name="q13" type="radio" value="d" />No defintion </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />14.States have jurisdiction to legislate on <input id="foinp13" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q14" type="radio" value="a" />Fundamental Rights <input name="q14" type="radio" value="b" />Directive Principles <input name="q14" type="radio" value="c" />Jurisdiction of Courts <input name="q14" type="radio" value="d" />NOT </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />15.Compulsory Primary Education is covered by the Article <input id="foinp14" type="hidden" value="c" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q15" type="radio" value="a" />14 <input name="q15" type="radio" value="b" />19 <input name="q15" type="radio" value="c" />21 <input name="q15" type="radio" value="d" />226 </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />16.The significance of Art. 356 is : <input id="foinp15" type="hidden" value="b" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q16" type="radio" value="a" />Imposition of Emergency <input name="q16" type="radio" value="b" />President's Rule in States <input name="q16" type="radio" value="c" />Common Civil Code <input name="q16" type="radio" value="d" />Right to Property </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />17.PIL (Public Interest Litigation) is covered by the Article <input id="foinp16" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q17" type="radio" value="a" />14 <input name="q17" type="radio" value="b" />19 <input name="q17" type="radio" value="c" />21 <input name="q17" type="radio" value="d" />NOT </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />18.Who prepares the first list of candidates for appointment as Judges of Supreme Court? <input id="foinp17" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q18" type="radio" value="a" />President <input name="q18" type="radio" value="b" />Prime Minister <input name="q18" type="radio" value="c" />Cabinet <input name="q18" type="radio" value="d" />Collegium of Supreme Court Judges </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />19.Who can suspend High Court Judges? <input id="foinp18" type="hidden" value="d" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q19" type="radio" value="a" />CJI <input name="q19" type="radio" value="b" />President <input name="q19" type="radio" value="c" />Collegium of Supreme Court Judges <input name="q19" type="radio" value="d" />Only through impeachment </td></tr>
<tr><td><br />
<input id="queshid" name="queshid" type="hidden" />20.Who can prosecute High Court Judges for private offenses? <input id="foinp19" type="hidden" value="d. <br />" /><br />
</td></tr>
<tr><td bgcolor="#aaaaff"><input name="q20" type="radio" value="a" />Supreme Court <input name="q20" type="radio" value="b" />High Court Chief Justice <input name="q20" type="radio" value="c" />President <input name="q20" type="radio" value="d" />There is confusion <input onclick="fgetscore(this.form)" type="button" value="get score" /><br />
<input type="RESET" value="reset" /></td></tr>
</tbody></table>
</form>
<br />
<div id="presult">
.</div>
<br /></div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-31823611427015383922011-04-11T20:34:00.000-07:002015-04-05T21:56:56.022-07:00004 Why should Junior Advocates be made scapegoats?<div dir="ltr" style="text-align: left;" trbidi="on">
<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgW1Wjek0DLZGmeOPC7Dna0zBMypelTJpnjDPGELWpWbJJlD9VEtp-QHCixQly4pJBGWTRBpzqEprOQ7j8t3Ee_yCnx1pN8Af9TgtKwuY3nhPgdI1Zg6r4TWa-LML4ZjhApbRZMqQ/s128/supremecourt.jpg" style="height: 15em;" />
<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhQsg8XxepsiPK8kPhetSVebiu52bt_qExc355G7BaBq_-9LqVdIoLGFQdiJwgKBXsu8rIE3VVxuBItTnV1yAUAVKbIfoaMz35fOJ0xe9YivTD_9HTNzzt63TCMDUrS5gtDY8qNOg/s128/highcourt.jpg" style="height: 15em;" />
<br />
<b>WHY BLAME A JUNIOR ADVOCATE? </b><br />
NEWS HEADLINE : <b>"SC PULLS UP MAHINDRA SATYAM FOR 'ARROGANCE' " </b><br />
<br />
<br />
The SC here refers to the Supreme Court of India.<br />
Pulling up refers to the Supreme Court censuring the Company "Mahindra Satyam".<br />
<br />
<b>Brief Details </b> : A dispute between the Company 'Mahindra Satyam' and the Income Tax Authorities regarding the earlier order of the Income Tax Department demanding a tax of Rupees 6170 million (617 crore).<br />
<br />
The Income Tax Authorities seem to be re-examining their demand of Rs. 6170 million and probably trying to reduce it.<br />
<br />
A letter addressed by the Company to the Income Tax Authorities asking them to withdraw their demand, has been interprted by the Attorney General Mr. G.E. Vahanavati as highly offensive. <br />
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A three-judge-bench headed by the Chief Justice of India remarked : <br />
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"You cannot do this in such manner. Instruct them (Satyam) to withdraw the letter. This is not the way."<br />
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The Bench seems to have taken an exception to the 'more-than-once-use' of the word 'shall'.<br />
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The Senior Advocates representing Messrs. Satyam Mahindra -- Mr. Harish Salve and Mr. Abhishek Manu Singhvi, plied themselves out of the controversy by saying : <br />
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"We have not seen it. We want to withdraw it and apologise for it. This is not the way the letters are to be written." They were indicating that it was the work of some junior advocate.<br />
<br />
Supreme Court :<br />
"We are quite sure that you have not seen the letters; otherwise it would not be so. The present generation is very competitive but is crippled with arrogance."<br />
<br />
<br />
<b>My views as a blogger </b><br />
The Senior Advocates charge hundreds of thousands of rupees or even hundreds of hundreds of thousands of Rupees for each case they take up, as against the pittances they in turn pay to the junior advocates. Besides, the Junior Advocates will be constantly under pressure from the clients to show results.<br />
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It is good that the Seniors wriggled out of the controversy by apologising to the Court. They might have admonished their juniors after going back to their offices. Or, they would have treated the matter as closed, if they had in the past, approved the drafts of the letters. Anyway, onething still remains needing correction. The Seniors seem to be accepting more number of cases than than the optimum they can handle. There is bound to be a ceiling to human capacity and efficiency, howsoever, great workaholics and intellectual giants the Seniors may be. This <b>"trying to chew more than one can digest" </b> results in under-supervision and leads to recurrence of the errors of the type mentioned above.<br />
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Why not the Seniors reduce their intake and allow the middle-rung advocates to eke out their livelihood? The Juniors also deserve better treatment, than being made scapegoats. (Had the Seniors done their supervision properly in scrutinising the letters drafted by the Juniors, this unpleasant need for rinsing before the Supreme Court would not have arisen.)</div>
<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com1tag:blogger.com,1999:blog-35389703.post-81996196209661139442009-09-15T22:27:00.000-07:002013-10-24T07:32:33.193-07:00#003 CORRUPTION IN JUDICIARYThe Chief Justice of India has summoned Jus. Dinakaran of Madras High Court to meet him. It appears that Jus. Dinakaran is to explain his side about the allegations (in circulation) against him, of accumulating "huge assets".<br /><br /><strong>BLOGGER'S VIEWS</strong><br />The CJI has done a good thing by inviting the Justice facing allegations. However, what is not clear is how wealthy lawyers get appointed as judges in High Courts. The process of High Court Judges' selection itself calls for a thorough scruitiny, though there could be, per se, no bar on wealthy persons becoming judges. Sometimes, particularly, in Andhra Pradesh, how is it that most of the candidates recommended for the post of High Court Judges belong to one politically dominant caste?<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-42886630847975288612009-09-10T22:49:00.000-07:002013-10-24T07:20:27.773-07:00#002 How can District Collectors perform multiple roles?The District Collectors in India tend to perform multiple roles. The roles can be conflicting with one another. This is like chasing with the hounds and running with the hares.<br /><br />E.g.: On day 1, the District Collector accompanies promoters of an Aluminium smelter to the hills promising them to grant mining rights, land, industrial water and power, etc.<br /><br />On day 2, he chairs a hearing from the affected villagers and N.G.O's on environmental clearances and land acquisition.<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0tag:blogger.com,1999:blog-35389703.post-1159799923585720952006-10-02T07:33:00.000-07:002019-02-28T20:36:57.280-08:00#001 INDIAN LEGAL SYSTEM- some observations<img src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEisnYqvNvICGL1K_8etPg3sJxKHTRBTfkaq3fu12S4vSXBME4CWHc0Ksa7DpmqxMhnYjE1bfceYnhoD5ejvNl68un5sSW9HuEdmznyuBEPzHqSHo2yxSDx7UYM7TU_v_9d92fcdeQ/s1600/hv_pataskar_lawminister_mpGovernor1965.jpg" style='height:30em;'></img>
<br />Indian Judicial System seems to be carrying the Yoke of Balancing and Pulling the two conflicting forces in Indian Society today. The burdens and responsibilities on the Judicial System from ApexCourt (Supreme Court of India) to the Lowest Grassroot Level Court (Junion Civil Judge) have grown limitlessly. The culture of Corruption rampant in Political Administration and Bureaucratic Administration seeped into Judicial System also, resulting in a situation, where people have started losing hope even on Judiciary. Today, we are fortunate that people are not irretrievably disappointed with the Indian Judiciary, though there is substantial despondency, everywhere. This Blog aims to examine some of the Serious Problems which Indian Judiciary is facing today, and try to analyse some Solutions for resolving the problems.
<h4>CHARACTERISTIC FEATURES OF INDIAN LAW ENVIRONMENT</h4>
<br /><P>1. Dead Slow. 2. Existence of Touts. 3. Accumulation of decade old cases<br />
<h5>DEVELOPMENTS IN INDIAN LEGAL ENVIRONMENT</h5>
<br />NATIONAL JUDICIAL COUNCIL<br />JUDGES ENQUIRY BILL 2006
<br /><br /><P>--To be introduced in Indian Parliament.<br />--Constitution of the National Judicial Council, that will go into complaints against the Judges of the Supreme Court and the High Court.<br /><br /><strong>FOREIGN CONTRIBUTIONS (REGULATION) BILL 2006</strong><br /><P>--To be introduced in Parliament.<br />--Prohibits acceptance of foreign contributions/foreign hospitality for any activities detrimental to national interest.<br />--Bars receipt of foreign funding.<br />*Organisations of political nature, not being political parties. <br />*Mass Communication media handling news, current affairs.<br />*Includes cartoonists, columnists, correspondents, editors, owners of associations, companies. </P><br /><br /><strong>GLOSSARY OF IMPORTANT TERMS USED BY INDIAN LAWYERS<br />BRIEF EXPLANATION <br />STARE DECISIS</strong><br /><br /><P>The word Stare = 'stand on'. Decisis = 'stand on'. A custom of courts 'standing' on the 'previous decisions' i.e past case law precedents.</P><br /> <br /><strong>MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS BILL 2006</strong><br /><br />This bill is ready. Likely to be introduced in Parliament shortly.</P><br /><br /><br /><strong>CRIMINAL CONVICTION OF POLITICIANS</strong><br /><P CLASS='PL'>Politicians incite violence in public glare. Yet, nobody dares to depose against them, cautious of dire consequences to follow. Courts insist on evidence. Courts do not have the wherewithall to initiate investigation and collect evidence. When the Courts order the Government and the Police to investigate, they go slow, probably because there is a need to shield the politicians.</P> <br /><br />Courts direct the victims to delete allegations against politicians or produce evidence or face prosecution for making false allegations. Thus, victims have to swallow both the injury and the insult.<div class="blogger-post-footer">pub-74935992805218</div>ybr (alias ybrao a donkey)http://www.blogger.com/profile/13635995478285822763noreply@blogger.com0