fight your rights

The Tax code by me

2010-10-15T03:12:00.000-07:00

Tax is not right of a government but is part or a share put by an Individual in the National progress and is to be utilized for the purpose of growth, security and infrastructure. Tax is the responsibility of each and every citizen and its avoidance is anti-national. We all share our burden of household expences then why not share it for the Nation and common wealth of the citizens. However, tax must be simple, easy to understand and implement and not burden on a common man. More than taxes Indians fear Taxman, who can harass a common man and can even make him loose his peace of mind and trade. This is nothing but punishment for honesty.

Apart from tax, its compliance and its observation and collection cost, accounting are expences which as on this date equal or exceed tax output. This is nothing but waste of resources. Tax in name of Profession Tax, Income Tax, Wealth Tax, Excise, Service Tax, Profession Tax, Import duty, Value Added Tax, B.M.C. Tax etc.. etc.. so many are there with so many windows that a person is likely to make many errors in his life time resulting in chaos in his life. I have hence drafted some simple proposition which must can ease this situation. Tax calculation and accounting must not take more than 2% - 3% of the resources of a person and must be simple and make the person concentrate more on work and less on tax. This will enhance output and automatically taxes will be generated.

Every person above the age of 18 and having earnings must pay a minimum Rs.1,000.00 towards tax. This can be cover up the profession tax which we call. Thus necessity of filing profession tax will be done away with. The exemption must be simple of Rs.2,40,000.00 and anything above this irrespective of age, class and gender should attract Rs.1,000.00 + 15% flat tax over that amount. The concept of exemptions must go and each and every income is taxable. Hence no 80D, 80CC etc. Also now tax is gender and age neutral.

Then comes concept of H.U.F. I think the option must be flat 15% and no exemption as no religion must get any advantage and most H.U.F. files are created to save taxes and not with feeling of undivided family. So it will be Undivided Families and people from all religion can hold joint properties. For the H.U.F. who want to dissolve files must be given a years time for distribution and the share will not be taxed. Similarly latter also division share will not be treated as income.

Then comes the source of Income. I wonder why we have special treatment for agriculturist. Is a farmer earning Rs.20,00,000.00 per annum not a citizen of India or has got a power to be feeling that he is not responsible for this Nation spending. Similarly, investor of all natures cannot claim any special treatment. Thus all exemptions in form of export units or agriculture of investor goes off and there is no concept of long term capital gains. Income is Income and must be taxed at regular rates irrespective of its source. Hence gifts of all nature is a income and must be taxed. It is the Taxpayers contribution to Nation building. No special treatment for equity shares. Similarly rent and other incomes must be without exemptions.

Then comes concept of partnership tax and Company tax. Well partnership must not be taxed separately and the shares must be added with that of the Partners. Though I agree that the return has to be filed separately.

The Corporate must pay flat Rs.3,000.00 + 25% tax with no dividend distribution tax or any other taxes. Perquisites of all nature must be added to that of the staff and it must be not having salaries but Cost of Man power.

The A.O.P. must also be taxed according to Corporate.

Then comes concept of depreciation and R.O.C. well I think when we have to file every thing with registrar of companies then why not have it as a single window of tax also and must be called corporate compliance and tax divison. Hence no need for having two returns. Depreciation must be flat 15% ( for goods with long life) and not reducing balance and 25% for short life. Thereafter when it is disposed off its sale value will be deducted in cost if the asset is replaced and if not added in income. Thus we get out of cluster of separate filing and separate depreciation for ROC and Tax.

Then comes Wealth tax. This is a controversial tax and needs to be scrapped. To accumulate wealth is an Indian tradition and for centuries precious stones were accumulated and hidden. This right exists.

Then comes Audit. Well the exemption must be Rs.3.00 crores for traders and Rs.30.00 lacs for professionals. We know that even with audit Satyam has gone burst hence Audit must only in high Income cases. Internal Audit can be done by a person any time at will.

Then come Excise. I believe in taxing big sources High. Hence where there is no or little scope for evasion like automobiles, tabacco, P.O.Y., Petrol etc. This must be heavy to compensate all others and where the scope is high better keep tax at bay as tax administration will be costly.

Then comes Octroi. Well movement of goods is must and Octroi Naka is a place where corruption breeds. It would be good if instead of Octroi we have it included in GST. GST must be pecked at 15% flat and no other tax must be put. So you just have to pay the difference of the amount payable and amount paid. This will reduce the scope of Income pilferage and the return must be filed with Income Tax return and hence there is no two window and need for cross checking and all this will reduce paper work.

T.D.S. must also be done away with. If you are having a P.A.N. and have filed returns on time each year for last 3 years then you must get a certificate online that the persons income is not subject to TD.S. and pains of deduction, deposit and returns is saved and only when you are not doing so that T.D.S. must be suitably deducted.

The system of having changed duties on each budget is a taboo. It is intelligence which must grow and not the burden of compliance. Budget means that you make your estimates and not in any way means system of lobbing which is eating the national resources. As per Hindu Dharm, we have Dhanteras, where in we can make a budget and we have Ekam is begging of new year and Holi marks end of date of filing returns. We 80% people do it and March is an addition to it making way for more accounting work. So why not go with majority and follow Vikram Samvatshri.

We need to have Bank account Nos. which have prefixed Bank code in the UID and UID and PAN must be same. So track the Bank accounts in fraction of seconds. Moreover, the Bank account will get automatic updates to send the transaction details of any person whos transaction exceeds 30% of annual turnover in a month or excessive funds are moved. This system needs to be designed. The cap on number of accounts to be held must be there just like Audit Limit. So if you have a turnover of say Rs.3.00 crores then 2 Bank accounts, say 50.00 crores upto 4 accounts etc. This coupled with no Banking charges will make things super fine.

This system has to be accompanied by more reforms to be unvailed from time to time. The concept of common man watching budget will go and it will be a reduce taxing and other budgets. Life will be planned and smooth. Some tunning left for others as I am just a common man.

Thus instead of many tax codes, have just one tax code which includes all taxes under one single code and also all compliance including partnership. Limited partnership and company law be separate.

Imagine no Shops licences etc. all under one code and one window filing.. Isnt life simple and peaceful......

Simplicity reduces corruption
More to follow soon. Keep track.
Siddharth Murarka

cheque return is an offence in books only

2010-10-07T02:50:00.000-07:00

My experience in Court is not so vast but even still I am confident that my experience i enough to know the truth. We all know that today cheque return is an offence under section 138. It's a speedy remedy available to the Complainant. To be honest, its neither speedy nor reasonable, but a nightmare for sufferers. Its a means to harass the victims and the fundamental rights of Justice is almost broken day in day out. I will illustrate the same with some cases.

Well after giving Notice you will have to file a case within 30 days after the Notice period expires. When you file the case you have to attach each and every document to the said Complaint. Well I fail to understand the need of the same. The same document are filed in evidence latter and xerox is served to the accused for the second time. That's waste of natural resources on account of paper and also additional burden to the litigant.

The most fantastic things which amuse me is I pray, I beg, I shall be duty bound to the Court as always... colonial words pinching me to bottom of my heart. I think the litigant comes to seek redress his grievance and is not a beggar or a prayer. He needs to seek relief and/or seek remedy. But there are many in departments who object and insist on the words like pray and beg.

Most Court insist on complainant and Advocate being both present. Burden on Complainant to be present each time leaving his work and standing like a beggar. The twist is here. I filed a case at Andheri Court. The magistrate asked me to get the Affidavit Notarised. I informed him that affirmation can be before the Court also. He said that since there is no registrar I have to get it Notarised on ground floor. The Notarisation means an additional cost to Complainant but who cares. It seems that Justice is not a right but you are duty bound to beg for Justice. The Notary also do not charge the government notified rates and can ask anything like 200 to 500 and you negotiate it. Unless you know law you will be cheated.

Add to the wounds in Court fees which is 2% non refundable. Well if you have to get the money you have to file suit also making it the more than double court fees. I experience difficulty in getting Court fees of higher denomination and again the litigant is a beggar. At Andheri we had to go to Dindoshi and get the Court fees of Rs. 6000 plus and the time wasted was 2 hours and 200 for the rickshaw. On one occasion I gave an undertaking to get the same and when I went next time to regularise the same the department guy said "KAI DYA".. it doesn't resemble law but give something.

Then when you file the case, invariably you have to give something to the department guy unless you are a big shot and a big Advocate.

Then comes verification of the Complaint. I don't understand why we have to go for second time and verification is not done the same day. Many a times at the Verification date I have realised that since the matter is not numbered the matter is adjourned. Then after the Verification is done, the peon is likely to follow and demand something. Infact verification has to be in particular format of that Court on paper provided by that Court. Taking summons and other Notice including copy of Roznama is also a field where we run around several times and shed money. Its a waste of resources and guilty is the team related to judiciary.

Then at all stages, for dates etc. some how you have to keep managing people. Many a times the magistrate is not available. If he is there he might say today I am overloaded and the matter is adjourned but my fees, the expenses don't stop. The day is gone especially in a city like Mumbai and no one cares.

I remember several instances of more harassment. In one matter, the matter appeared and magistrate said as per orders 2010 matter is transferred to morning board. Then in morning at 8.30 we realised that matter is not on board and was asked to take date in noon. then in noon I was in High Court and client had left. At 5.00 pm the magistrate called out the matter. My clerk waited and was scolded. He told the magistrate that I was there and he can confirm that client was there at 8.30. the clerk was at receiving end as nothing can be more painful than the magistrate wanting the complainant to come at 8.30 and wait till 5.00. It crawled in my mind that is he a complainant seeking Justice or just a slave who has to suffer as he has entered the Court of Law and is it not that he has been turned into a beggar. The date given was uncomfortable and Clerk requested next date but the magistrate declined. Either I have to come or loose my other matter. Possibility of Magistrate not being on that day cannot be ruled out.

Apart from that whenever we will not be available the magistrate to show that he wants disposal and Advocates are at fault for delay in system will shout like anything unnerving the litigant, who doesn't know whether he has hired a wrong Advocate or is it something else. I have come across cases where litigants start doubting the magistrate and the Advocate also.

By the time evidence starts, the Complainant regrets having come to Court and feels so frustrated that if he is given a licence to kill he will kill the other side and may be Advocate including me and also the magistrate. He starts using foul language and contemporaneous words against magistrate. My position becomes such that I cant say that he is wrong and cannot take it. The litigant by now has spent almost 30% and is nothing nothing nothing but a beggar and we all are responsible, be it, magistrate, department, his Advocate, other side and Advocate and in pressure and frustration he settles and the accused has enjoyed the money may be for 3 years and complainant has paid approx. 30 pc. in that period.. I salute the Justice given with pain in my heart as I am part of the system and my earnings and labour has become tainted and is not pure.

If wounder why there is no system where in you file the case and the verification of original is done then and there itself and inquiry regarding Jurisdiction is done immediately. Then issue Notice and send evidence Affidavit in advance and then direct cross examination and argument. I wonder why not have a proceedings or a separate Court for money related Suits where in we have both criminal punishment and recovery of money. I wonder why waste time of complainant to come to Court. If magistrate not there why not sms it to the Advocate in Advance. Why not incentive of refund of Court fees if you settle or may be pre litigation mediation. Why not expeditious trial. Why not discontinue a persons banking and ban him in banking if he has more than X number of cheques returned within a stipulated period. Why not have central unit record of all accused as it will show whether its habitual offender and if yes trial must be summarily done. If its not and refuttal of liability is there then give accused a fair hearing.

I think the purpose of 138 ( cheque return) has been diluted and it has become a means of victimisation of the complaint, which not stopped will lead to unrest and promotion of white collar crimes as incentive to crime is higher than incentive to be victim.

Jai Hind

truth about me and Mumbai

2010-06-24T03:48:00.000-07:00

I am from Mumbai, a city which never sleeps. We are 2 crore people, who are treated like animals as we travel like "CATTLES" in "CATTLE CLASS" trains of Mumbai. We are used to now living under threat 24*7. Some day in evening we cant reach home as the motormen are on strike. The real game is not the grievences of the motormen, but the urge of the political parties to take control of the union. No one realises the pain a common man underwent in that 24 hours. No Court took suo moto action against the guilty. No minister showed unhappiness at the sufferings. What was there at end of the day was a pure political statement which was a mocekry of democracy. We suffered and they played dirty politics.

My pain is not that of one day. Some day the Rickshaws go on strike and the Government quietly concedes to their illegitimate demand of a hike of 30% in fare. No one cared to ask us wether we have any complaints in the increase in the fare. The Common mans view was unimportant. We travel by rickshaw. They refuse to go as per our desires, but only allows us to sit when they feel that we are going their way. No one wears uniform, baddges. At times their legs function as signals and their meter is running faster that normal. If there is a hawaldar he may or may not take action against refusal to carry passengers on particular route. If we file a complaint we have to run to police chawkie and thats not possible. We all know and even the police knows that the meter is adjusted most of the times, the rickshaw is driven by a person who is not the owner of the rickshaw and the owner runs a fleet of rickshaw and may be a minister or minsiters relative or his khaas admi. The police knows that most autorickshaws refuse passengers, take extra fare from the airport. Still the Police and top officials are silent. Is it that they want to test are patience and when we start beating up the Rickshawwalas for refusing passengers, then only they will act. I would say that the Governemnt is indierctly signalling us to be violent and then when media will report, then they will set up a ministerial body to look into it and also will pass a BILL ( dont know how to implement existing laws). If the Union represents the drivers cause then they must also take up the blames.

My story doesnt end, its just a beginning. Last two days the taxi guys were the culprits and the Unions and parties like Shiv Sena and MNS behind it and so also a powerful Congress leader. Again same story of political illwill and harrassment. Names published in papert and the CM has no guts to throw out his own minister and also sack the minister incharge of the transport system. Courts dont act suo moto..

The CM and the PM only make statement that the accused and guilty wont be spared. To come in limelight ministers of other portfolio also make statements. The law ministry will talk of new legilations. When the new law comes, it is used to frame innocent or to bail out guilty and nothing more. I have seen that even when someone is convicted in Bomb blast case like sanjay Dutt, he gets bail and is enjoying free world, whereas a common man if accused of a petty offence like having not put up name plate of his shop in Marathi, struggles to even be heard. The Courts have time to dispose of Disputes of two brothers and also mining cases which travels from lower to higher court to final disposal expediously, but a small investor who got deemed relief in MPID case still is struggling to see the Justice be his fate. What is more important AMBANI BANDHU MARAMARI or thousands of common men who has lost life long savings...???? Law is used to frame innocent and he has only two options, to get Justice destroying his entire life for decades or forget Justice.... That means he pays throughout his life in quest for Justice. The guilty seldomn get punished and the dons like Dawood rest in peace as they know that no one will dare to touch them as all will be in trouble if he exposes them including ministers, police and may be Judiciary..

When I go to Court or any government department, then I have to carry money for getting work done. In High Court departments also money works and many are taking bribes and maybe Judges know it. But no action. In Mumbai, on each station where policewala is there, pronography is marketed and the Police is in hand in gloves with all persons dealling in pirated movies, song and softwares. So the police in reality is a protection officer given to the illegal activity traders.

I can say oine thing, there is no incentive for truth. If the guilty files false statement, then Judges take it likely, but a small mistake of victim gives a right to acquittal to the guilty.

In Mumbai, I saw 26/11 and followed by the home minister saying BAADE SHAHR MEIN CHOTE HADSE HOTE RAHTE HAI. He was removed only to calm me and take my votes and once that was done I again became a cattle to be ruled by the same home minister.

We all know the legacy of Sharad Pawar, Praful Patel, Raja, Rane, Mayawati, Arjun Singh, Mulayam Yadav, Sharad Pawar, Sibu Soren etc. We have seen them in a postion where action against is must, but still we maintain silence and the Government grants more power to them. Corruptions are alleged and then the proofs are burried. No one cares.

We know all ministers are growing wealthy and actual benifit of globalisation and progress is felt only when we consider their wealth. We all know that serious allegations have been levied against Raja, Mayawati, Rane, Pawar, Patel, Arjun Singh but still we cant do anything. The Government has been dividing us bit by bit on lines of religion, region, language, caste, reservation etc. etc. and still they claim that they have done a lot and publish it in a page ad in newspapers. They have no money to feed children who are living on streets and are of tender age of 2-4-6, but have money for putting up ads, hoardings, organising parties and functions, arranging security for ministers.

I do not understand the development in Mumbai. The Chief Minister decides that now he wants more FSI for say Hospitals and it is implemented. Oh.. lobby for MHADA.. increase FSI... what is the function of law then and where is the explaination on the basis of which action has been taken or is it discretionery.

I live in Mumbai.. You say you have law. I dont find any builder quoting carpet area rate and most ask for 50% or so in cash. Where is your petrolling on black money. Or is it that since the ministers are so corrupt that they cant even think of ending the parallel economy.

We have full faith in kanoon. What if all Policewala take hafta, what if the Poilce always traps innocent and leave culprits, what if it takes decades to get the matter heard, what if there are all the scams of Judiciary like Dinakaran, Nirmala Yadav, Gazibad scam, Ramaswamy, Somitra sen etc. etc... we still have faith in law and Justice will be done. This is not the statement of the innocent but the clupit, who knows that he will not be punished for years and even when done, the ratio of enjoyment of fruits for wrong done will outsmart the ration of the punishment...

I stay in Mumbai, a city where my bag is checked 24*7 after any tragerdy and still i live in fear. where when I leave home, I say bye to my parents , as I do not know if and when I will return. A city where I may be beaten up for not knowing marathi and the government will do nothing for me but under their pressure will make registration of Birth compulsory in Marathi. I stay in Mumbai, where each office drains me financially. If I dont bribe I will pay in terms of distance travelling and time lost and conveyence. I stay in Mumbai, where overnight an illegal tenanment is ready and documents are there to trace it to ancestral property. I stay in Mumbai, where a BMC tsaff working 4-5 hours is paid several times more than a contract labourer in building making ( I call them bandua mazdoor). I stay in Mumbai where with money you can by anything and everything, where it appears that we have a right to speach, but dare not speak against Rane and Thackareys. I stay in Mumbai.. where I am a common man... but treated as Conman.. I stay in Mumbai

Siddharth Murarka
Advocate High Court
Member of arbitration panel of FICCI
Member of CFIB
siddharthmurarka@gmail.com

MUMBAIKAR - LAGE RAHO CHATA KHANEPAR

2010-05-04T11:48:00.000-07:00

Last evening was a nightmare for many Mumbaikars. The return to home was painful and costly. I returned from Court at 5.00 p.m. At 6.30 p.m. my phone started ringing of friends and relatives regarding closure of train. I too made several calls. There was chaos and confusion whereby some said trains are working and some said it wasnt.

At 8.30 p.m. I left office only to find trouble on roads and in trains. I went to Avocate Anand's Office and Advocate Chavan was also there. We waited till 10.15 for some relief on raod.

At 10.15 p.m. we left the office. By that time about Rs.150.00 was over in snacks (though we had hardly anything filling). We went to marine lines. There was chaos on road and platform. We crossed over to marine drive and for 30 minutes I was running here and there trying to get a cab. Finally Chavan found a cab, but we had 4 people to sit on back seat with no spcae for bags. we were all tight sitting and rotating on laps. There was trouble and pain but smile that we are going home. The cab dropped us at Santacruz at 12.05 a.m. on Highway and we had to shell out Rs.100.00 each.

Caught another cab to reach home at 1.15 am. I was exhausted. Rs.250.00 spent on conveyence and other things. So tired that since morning I am not well. Today the trains were closed and I could not go to office. The loss to me was Rs.3000.00 approx.

I think there were many like me, many day bread earners. But who cares. Some motorman strikes. A minister takes credit odf having dropped all cases gainst the motor men and persuaded them to end strike. A political game for them. But for a common man like me, loss and loss.... which the Govt. doesnt care of 1.50 crore people and loss may be a couple of 1000 crores and at hand of handful motorman. This is inhuman and by meeting their demands it is a pat to inhuman behaviour. But who cares. In name of minority, schedule caste, locals we can do anything and stop the nation.

According to me, the strikers are like the internal threat to nation and a war against the nation for which we must take action. They can be compared to Ajmal Kasab with only difference that they did not end lives ( we dont know if someone died in ambulance due to traffic).

But all forget what if 1.50 crore Mumbaikars go on strike. The government will collapse and many ministers will sink. I am sure it will happen all all these tamashais will have no supporters even in their homes. But when is a question??? how long will we tolarate? We are more responsible, as we bear it all..."anyay karne se sahane wala bada gunehagar hota hai".

Jai Hind
Siddharth Murarka

MUMBAIKARS ARE FOOLS AND DONKEYS

2010-05-04T11:47:00.000-07:00

At 8.30 p.m. I left office only to find trouble on roads and in trains. I went to Avocate Anand's Office and Advocate Chavan was also there. We waited till 10.15 for some relief on raod.

At 10.15 p.m. we left the office. By that time about Rs.150.00 was over in snacks (though we had hardly anything filling). We went to marine lines. There was chaos on road and platform. We crossed over to marine drive and for 30 minutes I was running here and there trying to get a cab. Finally Chavan found a cab, but we had 4 people to sit on back seat with no spcae for bags. we were all tight sitting and rotating on laps. There was trouble and pain but smile that we are going home. The cab dropped us at Santacruz at 12.05 a.m. on Highway and we had to shell out Rs.100.00 each.

Caught another cab to reach home at 1.15 am. I was exhausted. Rs.250.00 spent on conveyence and other things. So tired that since morning I am not well. Today the trains were closed and I could not go to office. The loss to me was Rs.3000.00 approx.

I think there were many like me, many day bread earners. But who cares. Some motorman strikes. A minister takes credit odf having dropped all cases gainst the motor men and persuaded them to end strike. A political game for them. But for a common man like me, loss and loss.... which the Govt. doesnt care of 1.50 crore people and loss may be a couple of 1000 crores and at hand of handful motorman. This is inhuman and by meeting their demands it is a pat to inhuman behaviour. But who cares. In name of minority, schedule caste, locals we can do anything and stop the nation.

According to me, the strikers are like the internal threat to nation and a war against the nation for which we must take action. They can be compared to Ajmal Kasab with only difference that they did not end lives ( we dont know if someone died in ambulance due to traffic).

But all forget what if 1.50 crore Mumbaikars go on strike. The government will collapse and many ministers will sink. I am sure it will happen all all these tamashais will have no supporters even in their homes. But when is a question??? how long will we tolarate? We are more responsible, as we bear it all..."anyay karne se sahane wala bada gunehagar hota hai".

Jai Hind

Judicial accountability

2010-05-04T11:27:00.000-07:00

Vande Matram,
link :
http://www.slideshare.net/missionjustice/mission-justice-0001-higher-judiciary

We have prepared a slide show on Judiciary. Our intention is to speed up the process of Justice and remove all ineffeciencies and lacunas in Judiciary.

Sending the link (at bottom) to you. This is 69 slides and display will take 30 minutes. Please send it accross to all NGO, activist volunteers across the nation. No activist/NGO/group be left unturned or not approached. put this up on as many sites and blogs as you can... contact as much media as you can... this is new quit india movement which will be in few phases, to irradicate all ills... we will do many more such slides etc.... with support of you all and masses at large..

We plan to make 5th to 9th a four day period where this slide show is displayed by all NGO/ groups to groups of 30-40 ppl each accross the nation AND MAY BE AT A GIVEN POINT OF TIME THERE MAY BE 100 GROUPS DISCUSSING THIS ISSUE....

We want all to conduct and have live debates and opinion. once the program of any group/NGO is finalised email: missionjustice@ymail.com to enable us to give press release. then send pics of the function for press release and then final closure on 10th. with press release of all the activities done.... ideas collected.. opinions... signatures... campaigns etc...

Bal Ganghadar Tilak " Swaraj is my birthright and I shall have it". We say " Justice is our birth and fundamental right and access to the system for the same is a bigger right and to have the best judicial system is a common right - lets have it".

A man alone cannot do anything. But if we all contribute to make things better may be after 4-5 years things will be totally different and you and next generations will enjoy the fruits of the same... Dont wait for your friends and neighbours but start it today and right now... "A MISSION FOR YOUR NATION BY AN ARMY OF UNARMED PEOPLE WITHOUT VIOLENCE". Be a soldier of this nation. Time has given you an opportunity to do something for the nation and dont let it go in vain..

GDP NOs. and growth

2010-04-11T04:02:00.000-07:00

We tell ourselves that, today we are part of a fast progressing nation. The Nation's GDP will grow at double digit. Then industrial growth is high. We have Fortune 500 companies and we also boost of Indian Multi Nationals earning billions and taking over international firms like Jaguar. We have high paid Directors, international schools, all latest gadgets, the high priced Actors, the telephone density growing at very high rate, SIM CARD free. We talk of taking over GDP of many nations and call ourselves potential SUPER POWER. We are BPO power house, IT hub... etc.. etc..

But think of this, if you are having 100 crores and your child sleeps without food/ begging on road/ crying on streets , eyes wet and hands empty, stomach full of only worms and education a distant dream. This is reality of India. Today we have around a crore (my estimate) children who do not have food, clothes, shelter and education. We may have 10,000 crores to protect bureaucrats/ politians and judiciary but none to feed the small children who are deprived of their fundamental rights.

Think if out of this 1 crore even 50,000 start hating us and the nation, think they join taliban who offers them food and some happiness, think if they join Maoisim to take revenge and Justice.. that just 0.5% and that is possible. Then we will waste crores fighting them and crores will be destroyed by these future potential antisocial persons....

Prevention is better than cure. So we need to see that each child gets fundamental and basic human rights and then only our growth will be sustained and future secure.. Else may be my child will be a victim of their bullet.. so what needs to be done????

I am still thinking, I can just feed 2-3 which I do daily.. Thats all I can do, but what about others... I dont know and my heart cries and eyes see a future civil war and I am scared..... The growth even 205 is meaningless as the future is dark and dreadful... I wish I dont have a too long life too see the war in my own house

siddharth murarka

REMINDER OF OUR GLORY AND POWER

2009-12-23T10:45:00.000-08:00

PREAMBLE OF INDIA

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:

JUSTICE, social, economic and political;
LIBERTY of thought, expression, belief, faith and worship;
EQUALITY of status and of opportunity;
and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation;

IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

Purpose of Having a Preamble:
The Preamble to our Constitution serves two purposes: -
A) It indicates the source from which the Constitution derives its authority;
B) It also states the objects, which the Constitution seeks to establish and promote.

The Preamble seeks to establish what Mahatma Gandhi described as The India of my Dreams, "…an India in which the poorest shall feel that it is their country in whose making they have an effective voice; …an India in which all communities shall live in perfect harmony. There can be no room in such an India for the curse of untouchability or the curse of Intoxicating drinks and drugs. Woman will enjoy as the same rights as man."

The Keynote of the Preamble was to emphasize the positive aspect, “the unity of the Nation”, as much as the “dignity of the individual”. “Dignity” was a work of moral and spiritual import: it implied an obligation on the part of the Union to respect the personality of the citizen and to create condition in which every citizen would be a sovereign in himself and will cherish and fulfill his desire of self-fulfillments and self-satisfaction

It must be noted that the Supreme Court may have power to strike down a legislation as unconstitutional, but still it derives its powers from the Constitution. If one reads the source of the Constitution, it starts with a declaration “WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India in a Sovereign…..”. Thus, it is not the Court, the CJI, the PM, the President who has declared the Constitution, but it is we, the sovereign citizens, the people of this Nation, who in exercise of their powers, have declared this nation as a Sovereign, Socialist, Secular, Democratic, Republic. All others including the CJI, PM, CM, MP, MLA, PRESIDENT are under this constitution and not over it. It is we, who have ourselves decided to subject our own selves to the Judiciary and law. This does not mean that we have empowered any one to be a Constitutional Authority, and those who claim so, are living in the world of illusions, and must be shown the mirror of truth. Truth is painful and bitter for one or a handful, but gives peace of mind to al,l as we feel save under the umbrella of truth and are sure that our dignity and life will not be snatched.

We have put Justice before liberty and equality. This is because the drafters were well conscious that unless there is Justice, liberty is meaningless and would not survive for truth but will be a weapon of destruction. They were sure that once Justice and liberty is there, equality will blossom automatically, as Justice is the seed, Liberty is the tree and equality is the flower of the tree. Naturally, last but not least fraternity is the sweet and cherished fruit of this tree.

This is to remind you all and myself that we have forgotten who we are. We have forgotten the best gift we got at the time of independence and have started living the life of slaves of our own “PUBLIC SERVANTS”. This is to remind you that you were born free, born independent, born with right of Justice first followed by liberty, equality and Fraternity.

Please rise tomorrow and remind your self of this preamble and remind your mind and soul that you are the person who controls everything, you are a sovereign citizen, and have a right to Justice and no one can stop you. If the person claims to be too powerful, then go back to the preamble and read the message to him and yourself also, “WE THE PEOPLE........”, calling us to unite and fight, and enjoy the services of our “RESPECTED AND HONOURED PUBLIC SERVANTS” and not be subjected to them.

JAI HIND……..

ITS EASY PRACTICE OF LAW

2009-12-21T09:00:00.000-08:00

I was sitting with one of my clients. He asked me about me, what law I enjoyed and what I think is easy in Law.

I told him this about easiness:

The best position is to be a defence lawyer in banking laws and cheque return laws. Your job is just to drag the case. The accused is probably sitting on the funds captured from the complainant. He can pay your big fees from the interest he earns from the cheated money. But I also said that for this you must make sure that your client must be a cheat and not a victim of circumstances/ complainant or a innocent person. (unfortunately this catagory comes to me and hence I think I cannot be more than Dal Roti).

Next, I said, that you must appear for the lady in Domestic Violence or dowry or matrimonial case. The law is reverse here and the accused is assumed to be guilty and a person who deserves more punishment than a rapist or a terrorist. The lady's father will pay you huge amount as a percentage of the alimony the lady gets. He makes an investment in you whole heartedly. And the best part, make any statement and let your client be a violator of all orders and there will be no action under prejury and contempt. If you can bargain big for the client, manage the police, then, be sure this client will send more clients, friends, relative etc... as it is now a florishing business.

(Unfortunately I am against wommen in such matters and the guy is under so much burden and I am under the burden of my morale and my sympethatic heart)

Then, the other is to appear for a big terrorist or big criminal. Though I am an Advocate, I did not know the Advocate who has appeared for Kasab. But as on date all of us know Abbas Kazmi. ( Sorry I am not appearing in criminal matters)

The last is to be a cheater Advocate indulging in all kinds of manipulations and Justice doggers, claim your self to be close to many Judges and also have big political contacts... many things more which I cannot even say... (By mistake I was born to a father who did not teach me this and my Senior who also was not in this field)

I replied him at last, I enjoy what I am and happy that I am not doing the easiest job...... My soul is at peace and my heart is clean.... I have no burden on my head... I asked him if he knew or was interested in my ank balance and the answer was NO...

Happy and Go lucky .........

THE BANKING UNLEASHED

2009-11-30T10:13:00.000-08:00

In one of my first articles I had stated the reconstruction of banks by mergers. The Government has decided to do so. However, the difference is there. I think regionalism of the Banks must be done away. Hence Punjab National Bank or Bank of Baroda must not be in existence. That is to say that the banks which must take into fold others are :
central bank of india
state bank of india
bank of india
union bank of india
central bank of india
united bank of india
have new names - syndicate bank of india, majestic bank of india etc..
The Government wants to have mergers of Banks which are having presence in different regions. I feel that there must be just 8 nationalised banks. this will increase transfer of funds within bank and clearing will be decreased. Infact, with this the role of clearing bank can be done away. I tell you how.

these 8 major banks must promote a ATM company.... which will see that ATM is operational accross the nation at regular intervals. hence in mumbai a ATM must be at .5 km at every side. charges can be Rs.3.00 per transaction and people will not mind it.

these banks can have a single data base of KYC(through a KYC co.). this will make them have details of all operations of a client and if he fails in one bank other banks can know the same. also there can be a restriction that if more than 2% of the cheques are bounced by the client accross all accounts he should not be allowed to use cheque books. that signature server can be used to access signature verification also.

the difference of savings and current must be done away. there must be no interest payment and no folio charges. however, each transaction ( debit or credit) must be charged Rs.1.000 ( except ATM for which Rs.3.00). this will redue lot of hurdles and you must be allowed to convert FD od 7 days or more...

with internet, the banking must be made as paperless as possible.

the state cooperatives must be one bank per state.... and all this will result in mega banking companies...
when we can set lowest telephonic tariff then why cant we lead the show in banking... the only thing needed is will... that yes we cannnnnnnnnn...

A SLAP ON FACE OF MUMBAIKAR

2009-11-23T10:09:00.000-08:00

26/11, a nightmare.... 3 days... we were holding our breath....

result.... protest... on street for the first time in India.. the classes came and united like masses.. protest and anger..

further result... CM and Home Minister paid a price.. lesson to Government that you need to work and care or the door will be shown...

A year latter..
The CM elivated to centre.. Home Minister back smiling and proud..
The protest.. dead..
Other Political parties fighting for language, speech and religion...
result ... 26/11... did not make any effect... on except the victims and family members...

comment... its a slap on every Mumbaikars face... and the matyrs sacrifice in vain...

Jai HOOOOOOOOOOOOO

26/11 HAPPENS DAILY

2009-11-23T09:48:00.000-08:00

Last 4 days or so, I just see all news channel busy covering one event, 26/11, a year ago, an attack which was actually an attack on the soul of Mumbai. The spirit of Mumbai was shattered. The confidence in security lost. We then united ourselves to show strength and came on the street for the first time to tell the world and our Government that we will not tolerate this, that we will not allow lapse in our security, that we will not allow violence to play havoc on our lives. We utterated one thing, we have a right to live and no one can snatch it from us.

One 26/11 shook us so much, as we saw the scenes on T.V. and could feel the pain of the destruction of human lives, but have you ever wondered that 26/11 happens daily, and that too with the aid of law, or rather let me say that law felicitates the happening and equips the destroyer to do so, and then rewards the destroyer with lots of finance. Yes.... that is legal terrorism... it comes to a house, destroys and ruins the family and shakes their soul so badly that life can never be normal... A person who is a victim of it does not even get sympathy and is subject to abuse... The wounds not visible, but soul wounded as if attacked all of a sudden from all sides and when defenceless and unarmed...

It is bad gender biased matrimonial laws. Unfortunately, the Government, Police and the Judiciary play an important contributor and facilitator to this. So easy it is that you go to a Police Station, and bribe a Police Officer to register a false case and then things fall in place. The only thing this terrorist has to do is to make allegations as wild as possible, as dirty as you can imagine, and then take shield of tears, law and society. The combat starts there. The victims are the mother-in-law, father-in-law, brother, sister, niece, nephew, sister-in-law, brother-in-law, you name any relation and they will be there. With one assault many souls wounded deeply. The assault on your reputation, your finance and your thought. I can just say this, that terms are dictated and extortion is then officially done. The terrorist demands and the victim pays in the temple of justice. . and the Judge has (false claim) has got the terrorist Jusice(rather gets injustice to the victims).

We may have shown solidarity with 26/11 victims. But each day this terrorism is killing many... several in a single assault and we turn indifferent to it. We may have a relative who is such a terrorist, but we have relations and sympathy for her, a neighbour, a friend, or may be a known person. How many protest against it. The casualty in a month is much more that that on 26/11 and repeats itself day in and day out. We are spectators.

Our calmness will not help us but will see that every colony, every building and every family will have such victims and our carelessness will be responsible for it. Time has come when we stop and think. We protest and boycott such terrorist, their families and their supporters. We need to unite and resolve not to treat them as part of our culture and society. Our silent protest will unnerve them and bring them to kneel. We need to be with only the victims and the families. We need not support them financially, but can just keep hand on their shoulder and say "We know you are a victim. We will give witness in Court if need be. We will not accept the terrorist in our community, society, religion, group and relation". We need to tell the facilitators and aides of such terrorism that we will not sit with them, not cellebrate any festivals with them and will not accept them as part of relations, society, neighbourhood as they are morally wrong. This itself will be enough to shatter these terrorists.

Let us take a vow now, that we will not help such terrorist and will not keep any relations with them and will socially boycott them.

Let us Fight for the Rights.

ARE WE REALLY FREE

2009-11-17T00:09:00.000-08:00

Freedom to me means a free mind and free heart. Freedom means I must not be afraid to speak the truth, even if the truth relates to Crown. Freedom means that we are having liberty to choose our religion, our work, our place and our thoughts ( of course with morale).

But, I feel that freedom is an illusion and even the topmost Court of law has not perfectly enshrined the principles. Today we can read about Manu Sharma having made a killing of law. Did the Judiciary take to task all persons involved? We can read the statements of CJI or any Judge. We can read the details of RIL cases, but can we make a comment on it? Can we express our feeling about a comment by the CJI or the assets of the Judges or may be about the conduct of a Judge in a case or a remark passed by a Judge during the proceedings? Can we have a opinion poll about performance of Judiciary? Can you seek action against a Judge if you point out that he is speaking a lie? Can you ask a Judge to resign even if he has blocked the operation of law? The answer is no. A judge can blame masses, classes, Government and everyone for backlog of cases, but no finger can be pointed out to a judge challanging his disposal capacity or his performance. They are so protected that saying a truth even by a Senior Advocate amount to Contempt Of Court.

Contempt of Court was drafted to uphold tyhe sanctity of the orders of the Court and not to safeguard a Judge against potential wrongs/ misdeeds/ illdeeds / negligence/ lack of performance. But today Court orders are violated openly ( I can show many cases) and the judiciary, especially lower one shows helplessness. But if you say to a Judge look here sir, you have not even read my review papers and just decided it without seeing the merits, then he will say "Issue Notice For Contempt of Court". The Rights of people are violated day in and day out, but judiciary says, follow due process of law and wait for your turn. There are wide powers to take SUO MOTO actions to remove injustice but Judiciary has no time ( time for media not mass justice).

I can just say this. For 10 days allow democracy to exist, and after 10 days 50% of the Judges will resign. Let there be a voting on who is the best Judge, then many Chief Justices will fall on bottom. Let there be a poll, on who deserves to be in Supreme Court, many Judges of Supreme Court may be out and many like Bilal Nazki will be in race for CJI.

But will we get the freedom..

SIDDHARTH MURARKA

SO PROTECTED THAT THE SC JUDGE CAN DO ANY THING

2009-11-11T23:58:00.001-08:00

Recent developments and statements by CJI confronted me with an issue. What in a democracy if people feel the Judiciary is not doing its job or exceeding its limits or may be a Judge is corrupt.

Interestingly, a Supreme Court judge as well as a high court judge, can be removed from office only by impeachment (Article 56) through a Parliamentary procedure laid down in Article 61.We thus have the situation that in respect of removal from office through impeachment, the Supreme Court judge is not only at par with the President of India but even higher when it is considered that the judge is protected even from violation of a constitutional provision or of constitutional convention.

An eminent Jurist, has advocated that India should enact a law on the lines of the one made by the USA in 1980 whereby a judicial body is empowered to take such action against a federal judge 'as is appropriate, short of removal.' Such a law, Nariman believes, 'would be appropriate to ride ourselves of the few 'black sheep,' and yet maintain and preserve the judicial independence of the higher judiciary guaranteed by our Constitution.'

Do we wish to have a transperent Judiciary or a dictorial Judiciary is a question which haunts me and must be most seriously confronted by our people and our Parliament.

We do not want a judiciary which will block our Right to Information, or who will take on the hearing and then say to avoid confrontation I step down from the seat. We do not want a Dinkaran episode or a Judge making U-Turn on his statement against a cabinet minister...We do not want even a Judge who is accused of corruption to even think of the Supreme Court elevation and also do not want reinstatement of judge accused of Corruption... We do not want a judiciary which will block an Advocates right to address the Supreme Court and if he stands outside in que to take a pass, then he will not be able to give Justice to the brief he has. It is like creating monopoly of a few Supreme Court Bar Members... We do not want a judiciary which is media savvy and want one who will avoid giving interviews to media... We do not want a judiciary which spends more time on other works then in giving Justice..

We want a Judiciary which is passionate about giving Justice and has the guts to step down and resign whenever accused of anything.. The Highest Court must have highest morality and highest degree of sensivity to Justice...

SIDDHARTH MURARKA

MY NATIONAL LANGUAGE... WILL IT STAY NATIONAL

2009-11-09T05:14:00.000-08:00

The controversy regarding marathi and Abu Azmi is hot and boiling.... Well in Maharastra you have to take everything in Marathi, Karnataka- Kanad, Tamil Nadu -Tamil. Your Oath taking in national language Hindi will bring you slaps, kicks, punches, and hard hitting... So the national language will not be valid here?

This means the national language will be used in only Delhi, Haryana, Uttar Pradesh etc. and else where you have the regional languages. So does our nation mean only North India?

It is an issue which can be a base of disintegration of the nation and soon we may be princely states as we were before the British and the Mugals came in. If that happens I am sure we will have the Chinese coming in and ruling us for couple of decades and then we will have a much diverse religious and cultural base as chinese will add more feathers to our diversity. Is'nt that wonderful.

We will have another freedom struggle. Many Gandhi's and Patels, another Pakistan will be made and another Jaliawala Baug, another Saheed Bhagat Sing, Subash Chandra Bose.... Sounds so good... we need them.

JAI HO... MERA BHARAT MAHAAN AUR USESE BHI MAHAAN HUM.....

WHAT SHOULD I DO IF I WAS IN THAT POSITION

2009-11-09T05:05:00.000-08:00

Last week was a turmoil for the supreme Court. No it was not a landmark Judgement which was passed but a turmoil which shook the Judiciary. One after another three Judges withdrew themselves from hearing a case to save themselves. Interestingly the withdrawal was not at the beginning of the case but at the fag end... It was like a test match abandoned after 4 days of play as the players decided to call of....

I am sure it must have been a great dilemma for these Judges and also the CJI. The CJI facing turmoil after turmoil starting from the Madras Judge, who said that a cabinet minister had called him, to a judge who defied the CJI and declared his assets, things did not stop there... Then came the RTI controversey, the Dinkaran J. controversy and last but not the least the judges withdrawing from the cases...

I was just wondering what would I have done if I was the CJI and was surrounded by so many problems. Who knows I may after 20 years be the CJI (I know its a joke but I am a day dreamer). Then what will I do... will I resign from my post or will I remain quiet or will I rush to media to clarrify... what action will I have taken against waste of Supreme Court Judges valuable time.. how will I react to Dinkaran J. problem, the Madras Court Judges issue, the RTI controversy.....

What would I have done if I were in place of these 3 judges of Supreme Court or other Judges who are subject of this discussion... I am sure these Judges and CJI must be feeling very bad and at that level there are very few whom you can consult...

But I am a person who thinks too fast and too forward. So let me plan and get the opinion of the other and let me decide as to what will I do if I am in their place..... Help me..... please tell me what should I have done... what do you expect me to do if I am there in that position..... Your comments needed .... After all I am going to do that with your consultation... Are Us Din Kha Puchne Aunga... Aaj hi Bata Do.......

IS IT A LIE SAID OR A TRUTH BURIED

2009-11-04T10:00:00.000-08:00

In Mid 2009, a Madras High Court Judge, Justice R. Reghupathy in open Court made a statement which shook the political and judicial world. He made a statement to the in open Court that a Cabinet Minister from UPA Government got in touch with him about a case involving nasty people being investigated by the CBI. The heat bolied and comments from CJI (expect comments on each and every thing from him) poured in.

Then few days down the line came another day when statement was changed. The same Judge said that he was not approached on phone by the minister but an Advocate informed him that a minister was interested. The world's changed. Earlier it was like saying Mr. X was involved in the murder and now Mr. X was praying for the death of the deceased. The difference is tremendeous and visible.

I ask my self, what is the truth. If the first one is the truth, then why the truth was buried. If the second statement is correct, then did the judge lie (oops... I must be polite and must not say the truth as I can be punished for Contempt). Whatever it is, a question remains as to was it a lie or was a truth buried? Why did the CJI not call for investigation? Why was the Judge not asked to clarify the facts?

Whatever way, whatever is the truth, in both cases, the Judiciary has shown the people a new face, which has really put us to think as to why this? what is the truth? who is a liar? what is the fact? why no action? why continue on bench if you cannot speak the truth or burrying the truth or are saying a lie? Is the quality of judiciary down and down under? Is the CJI not going to take action to restore the pride of Judiciary? Is it not a wrong precedent? 1000 questions and no answer..........

siddharth murarka

COMMON MAN A LOSER

2009-11-04T09:45:00.000-08:00

RIL v. RNRL Result on 4.11.2009

Several hearings. 3 judges out of less than 20 representing nation of more than 100 crores. The hearings.... The climax...... The suspense .............The nation ( rather the world of business) watching........and the result.......

Judge walking out of the bench... loss of tax payers hard earned.... Severeal common man could have got their cases heard, but the fact is that they were subject to delayed justice.................

Who did? what was done? how it happened? No I dont want the answers. I just want to know who will be liable and accountable for loss of public money and delay in justice to other litigants..... The nation is watching... anyone to claim the liability........

siddharth

HATS OFF THOUGH LATE

2009-11-04T01:41:00.001-08:00

Today Justice Ravendran withdrew from the bench which was hearing the Ambani case. Very honestly, I really felt as to how he could continue on the bench when he owned equal number of shares in both the companies when the value was 80:2000 or so. It was imbalanced.

I salute Justice Raveendran's decision to quit. It is in the interest of Justice that a Judge must not only be unbiased and neutral but infact there must not be a single point whereby or on the basis of which such allegations can be made. Infact I really felt bad that the firm which was advicing Reliance should have filed an Affidavit of disclosure. Anyways late better than never...

"My conscience is clear and I feel that justice should not only be done but seems to be done. That is the tradition of this court," is what he had to say. I hope that this should mark as a precedent to the Judiciary to not only quit from the case but also quit from post when there are or there could be allegations against the Judiciary. I do not agree with the Judge saying that it is the tradition of this Court as I have reasons to say so. I hope the other judges are hearing it or reading it and the message which is hidden is that for Judiciary to survive the doors to possible allegations must be closed even if it amounts loss to a Judge...

The judgment of Ambani's may or may not be a landmark Judgement but the judgement of Justice Ravendran to quit is a BENCHMARK...

JAI HO........

CELEBRATIONS AND GRIEF

2009-11-02T07:28:00.000-08:00

Yesterday, the Congress was busy showing how great and inspiring was the Iron Lady Smt. Indira Gandhi. But then we forgot many who had shed blood tears in her regime. Should be pat a person for good deeds or forget the past when it is a mixure of good and bad, I do not know.

Indira Gandhi's assination trigerred a massacre, which not only put India but the entire humanity to shame. The sikhs were killed because two persons from their community had killed the Prime Minister. Such was the hatred that the Congress leaders were on street taking away fathers from children and husbands from women. It was a ruthless act which has scares till date. I would have been happy if the Congress had the guts to ask those alleged to be involved in this massacre to sit at home and retire from politics. It just was a reminder of General Diar who created Jalaiwala Baug and the memories of which till today makes our blood boil. I can imagine that those children who lost their fathers during that riot will have no love and affection for the country and its Government. I do not know when but history shows that revenge and hatred towards injustice is the cause of collapse of empires. After all the Kauravs were destroyed because of the hatred and revenge of Draupadi. I fear that the hatred among the sikh may revive the demand for Khalisthan.

Let us look at more things. Can any one forget the emergency. It was an era of inhuman rule and the masses were treated like dogs and donkeys. Business tycoons cannot forget the nationalisation of banks overnight. The Licence Raj and corruption took deep root in that period and till today we pay a price for it. The piling up of cases started in that era and today we just grumble over things but cant change things. The iron lady made the corrupt babus, the bureaucracy so strong that they still rule the bottom of the economy and cannot be removed just like termites.

Was there a plus in the regime. Well definately. How can we forget the food and dairy product crises which was solved by the Late Prime Minister. The fact is that Pakistan still gets haunted by her name is enough to show that we were at a gaining position against the arch rival. The manner and fashion in which Bangladesh was created was a slap on the face of the fundamentalist and terrorist state of Pakistan. I am sure no other leader matched this skill of Indira Gandhi..

So what should we do, be proud of the iron ladies handling of Pakistan or cry over the inhumanity shown by the regime in her time and after her death... Well I cry over it sometimes but 26/11 makes me proud of her. Its a mix bag of emotions and national patriotism....

Jai ho...

siddharth

So are we to cry over the bruthless

IS IT A FIGHT AGAINST OUR OWN PEOPLE

2009-11-01T04:52:00.000-08:00

In the last couple of days every now and then we hear voices regarding Naxalites. The government claims that they are planning to wage a war against Naxals. Lots of debates are going on, but how were these Naxals born.

I am sure no one is born with arms in his or her hand. A person must have a motive or an incentive to lift up arms. With most states affected by this movement, I can safely say that it is a national crisis. But who is responsible for it? Well read the constitution of India and you will find it as one of the most fantastic constitution which takes care of every thing and is in real terms a constitution paving way for rule of the people, for the people and by the people... It has all the provisions guaranting liberty, security and also putting the burden on the state to be a welfare state..

But has the state lived up to its duties. I would say that socially the state is a failure and thanks to the years of congress rule. The Government has concentrated only on urban areas where people have means to unite and express, like media and computers. The urban areas is densely polpulated and can is cash cow for politians as they get money from these centres. But what about areas where the popluation of the villages are say 900 to 4000 persons per village. Its in rural areas and villages are far off from each other. Where the basic facilities is a luxury. You will find a police chowky who has control over 10 villages. The Police there thinks they are god as they know that people have no means to contact the higher authorities. These areas are subject to police atrocities. I have no hesitation that as on this date for these villagers Police means a demon and law, law makers and law enforcers are a distinct dream and cannot be contacted. Even if they will contact the higher authorities or law enforcers, these illiterates will be shown the legal formalities and technicalities and will be shooed away...

No Judiciary member will allow the poor to meet him/her, hear the grievences and take action suo moto... Infact there is no mechanism where by they can reach the Top government Officers...

In that situtaion if a person comes with arms and helps them in getting their rights enforced, then these people will definately support that organisation and person.. That is what is the cause of birth and rise of naxalites... They tell the poor that their rights will be protected... They extort money from rich to arm themselves and stay in between the poor... The poor villages know that if any thing goes wrong they can meet the naxalite boss/head but cannot meet the DIG of Police and cannnot think of meeting Sonia Gandhi or P.M. or President...

Hence most villagers have high regard for naxalites and are willing to lay their lives for the naxalites. Waging a war against Naxalites means waging of war by the state against its own people. The effect could be devastating. Then what should be the action plan. Well the action plan must be to disarm the naxalites, bring them in the main fold of economy and also bring confidence in the masses that the state is a welfare state and all the rights of a person shall always be protected..... Its a tough job. Its easy to kill a person but most difficult to make him feel that he is doing a wrong thing and make him bow on knees without using the arms. If the Government will wage a war against these naxalites then we can see something like a Taliban coming out and destroying the most secure urban life.

The need of the hour is to change ourselves and not to hate Naxalites. We must go into the root cause as to why these people have picked up arms, why the people are supporting and must try to solve the basic problem of the masses. This will build up confidence in the people and I am sure non-criminal oriented Naxalites will drop their arms and will surrender. Then the state can fight the couple of criminal oriented Naxalites..

This exercise will be very painful and will require political, social and judicial will power.... But alas, we have no will power but only wills of our own fantasies. Hence, we must be prepared to see our next generation see the talibanisation of India..........

siddharth murarka

09324175771

ALL THE KINGS

2009-10-27T10:59:00.000-07:00

On last friday when I was about to leave the Debt Recovery Tribunal (DRT) at Scindia House, I saw a king. I really felt that he is the king and all the other persons are just his slaves. what transpired is recorded below and you judge wether what title I have given to that person is right or wrong...

It was somewhere mid noon and I climbed down the stare case of Scindia House. Infact Scindia house is known for Income Tax offices and the DRT. All of a sudden just when I was on the building gate a person pushed me to the side. I was taken by shock as I was in my own dreams just walking and thinking. When I looked up I realised that 3-4 Advocates were standing in the line of the lift and 3-4 other persons were also present. At that time of the day usually there is no waiting list. I looked around. I saw one person near the lift, who had stopped the lift ( for me its hijacking). I asked him and he replied ek din sidhi use karne se koi fark nahi padta hai. I asked him further why it is being done and he said koi aa raha hai. On the main door two perons having income tax badge were there and on the road there were 2-3 more. They asked me not to stand near the gate and they were not allowing any taxi to stop in the lane. I wanted a taxi and they did not allow any one to stop there as if the road was a private road.

After around 15 minutes or so two cars came and a gentleman, may be in his 40s came out and he was given a warm welcome by those officers only and no other person was present. He did not look like a top IRS or IAS officer. The said person did not even look around, shook hands and proceeded. I felt as if a white elephant is walking with an egoist head. The 15 minutes which passed by in this entire episode just made me wonder that forget the ministers and top level government officials now even these mid level officers or may be upper mid level officers have started haunting the lives of common man and their presence just causes inconvinience. I just recalled the Clinton issue where to police had stopped people from going and coming on a street as the ex-first lady had come to that area. According to me by such treatments of common man each day the naukarshah's just keep slapping the face of democracy and killing the message rule of the people, by the people for the people...

Very honestly I feel that we do not live in the free India as visualised by the freedom fighters but in the same colonial country with the difference being that there we had a mission to free the country from foriegners but here we cannot even fight out as they are one of us... and part of us..

siddharth murarka

IS JUDICIARY FOLLOWING POLITICIANS IN INDECISIVENESS

2009-10-26T11:00:00.000-07:00

Whenever we talk of judicial authority, the first thing that comes to our mind is that its an authority which decides and is there to dilever the results. For survival of a civil society it is very important that such authority must not only command respect but must also be far of from the shadows of doubts.

On the other hand politician usually do not command great repect and always breed on the shadow of doubts and also allegations. The politicians are known for not deciding an issue which is complex and waits for things to cool down and people to become less concerned on an issue. When the ethopia dies down and another issue occupies the hot seat, the politians slowly decide the issue in the manner and fashion which they deem fit. However, to my mind the cannons of Justice requires that the Judiciary must be clean and straight forward, the ones who do not know two ways but only one way that is truth and only truth, justice and only justice. Thus they will lack in ability to twist and turn and always decide an issue on the basis of law only and will not keep an issue undecided or in back burners.

However, todays development has definately raised an issue as to wether the judiciary is following the footsteps of the politicians. The issue of Justice Dinakaran was today left undecided and the matter remains pending as to wether Justice Dinakaran will be elevated to the Supreme Court or not. There are several allegation against Justice Dinakaran, which is more than sufficient to decline elevation to him to the Supreme Court. The Supreme Court must have each and every judge who commands great respect across all the High Courts where they have presided and also all the Advocates who appear before him. People must have fear that if they are wrong, then the chances of them being punished are very high. The people against whom wrong is done must feel that the judge is eager to give justice and remove the injustice and the matter is being heard so that truth can be found out.

But what if a peson who appears before a Judge thinks ten times wether he will get justice or not? What if he thinks that in the past there were allegations against the judge, who knows may be they might be true? What if the litigant during the entire period of litigation, instead of looking and concentrating on the law of the land, concentrates and discusses more about wether the judge will dilever justice or not, wether the allegation against him in the past are true or not? According to me loss of faith of litigant is bigger than the crime or wrong itself and hence, it is necessary that the issue of Justice Dinakaran must be decided immediately and even if the collegium feels or decides that the allegations are baseless, then also they must drop the plan of elevation of Justice Dinakaran to the Apex Court. This will send a message to the litigants that the Apex Court being the final frontier in the fight for justice, does not give a chance to litigants and masses to even think that its members are tainted or even alledged to be tainted.

I do not know what is the fact, may be Justice Dinakaran is a true man and all the allegations are devoid of any truth, but still I feel that in order to make the litigants and masses comfortable, the need is that the collegium must decide not to elevate Justice Dinakaran, unless and untill he is cleared of all doubts and allegations.

To sum up it is the right of the litigants that if an allegation of such nature is made against any Judicial Office then such office must not get elevation at all unless and untill a clean chit is given to the said person. I know that this will cause inconvinence to some, even injustice to Justice Dinakaran, as chances of him being clean are very bright ( in law you are innocent till guilt is proved), but then we must remember that in doing Justice, at times we also do a little injustice to some and it is ok if that injustice is a bearable one...

Thus the last and not the least fact is that Judiciary and legal fraternity must be ready to sacrifice themselves and their carreers and must only be concerned with the limited issue of dispencing justice and creating a sence of justice..

Siddharth Murarka

OUR MONEY AND FOUL PLAY

2009-10-22T11:39:00.000-07:00

We the common people pay taxes. Taxes in various forms like service tax, Profession tax, Octroi, S.T.T., V.A.T, Excise. The reality is that after service tax is introduced I am sure even the people below povery line must be paying atleast a Rupee to the exchequer directly or indirectly. But still we have deficit budgets, poverty, lack of infrastructure, lack of latest defence system etc... Thus we are in a state of shortage crisis...

Today the C.B.I. has raided many offices of the ministry of telecom. The claim is that there was a loss of Rs.50,000.00. This Government is running the loss making Air India out of our monies, and I can say that by this the Government is doing a job of an entrepreneur. The loss is in crores. This not the only unit, many more businesses exist to add to the losses. Add to this all the scam amounts including the P.F. scam where even the judiciary has been stated to be involved. I am sure all this added together must be sufficient enough to wipe out a substantial portion of our deficit/debts. Thus the fact is that the Government is not a manger but a sipnor of our funds and common man's monies.

I was just thinking that if I could get all the swiss bank account money ( claimed to be belonging to Indians and are unaccounted for) then I am sure we would be in a better position than even China. The common Indian has great qualities to adopt socially and economically and are hard workers. Having lived in multi-linguistic and multi-religious enviournment, we Indians adopt to changes very fast. Added advantage of infrastructure, if given, will take us forward leap and bounds..

I think what if the Government decides to merge many of its PSU's. ONGC, OIL INDIA, BPCL, HPCL, GAIL, INDIAN OIL and all other energy companies into 2 mega energy companies and sell 80% shares to public and investors. I am sure still it will retain a say in the management as no single person can buy a big stake in Companies having market capitalisation as large as 3 lac crores. Similarly we can have SAIL, RASTRIYA ISPAT all merged into one steel co., Nationalised Banks into say 6 major Banks having capitalisation of 3 lac crores each, MTNL merged with BSNL. The Government can sell off companies like AIR INDIA, SCI, BSNL etc. All this together will be more than sufficient to wipe out the entire debt of the country both domestic and International and also sufficient funds will be available to the infrastructure and also for updatation of defences...

I am sure major chunk of budgetary allocation is for servicing of debt and if that burden is not there, we will have huge funds for development. Time has come that we see that the government restricts itself to policy framing, tax collection, maintainance of common amenities and defence and stops putting time and energy on PSU's.

But then if that is done the number of ministries and the babus will be reduced, development will be of masses and not of politians and their men.... so the politian says who cares... janta chor hai... humara hi to jor hai...

siddharth murarka

CJI AND RTI

2009-10-20T10:54:00.000-07:00

The top 2 short forms means a lot of power for the common man.

One is Chief Justice of India, the Constitutional Authority, a symbol of supremcy of law over individuality. A person who is seen as a symbol of justice, a person who is selfless, non tainted and who can sacrifice himself to see that law prevails over everything, that the constitutional supremecy is upheld and that each person gets his rights as guaranteed under the constitution. An open book and open office who will stand for the rights of commonman and will supervise the judiciary to see that the judiciary functions under the Pendurama of Law for all, against all and by all.

The other is Right to Information, an act which has given powers to common man and equipped him with bramhastra against corruption and a safe guard of the fundamental rights given under the constitution. The Right is so powerful that every one including the PMO and president are covered under the same. The Right gives a common man on street means to find out how his money is spent by all including all ministers and which gives him the power to take accounts of all persons running the nation. The act makes the common man so powerful that he gets the accounts of all the representratives of the masses and from the four walls of his house, he can infact get so much information, which I presume would require investigation by an ageny of caliber of C.B.I. The information when parted sends shivers down the spines of those who are corrupt and also those who have not worked properly, or have worked inefficiently, lazily or have closed their eyes even when they know something wrong is happening. Thus the act is an act of exposure and disclosure.

Now the expectation was that with a powerful seat in place and a powerful act in hand, we Indians started dreaming that atleast after 6 decades of independence, we will have a right to say in governance, a right to know the facts, the right to discover the wrong and then with the data knock the doors of the pillar of law and democracy that is the judiciary and get the wrongs set right.

But alas, as always the dream of the commonman went shattered when the CJI refused to dilute information under RTI. The person incharge of holding up the rights closed his doors to the right of the common man to know whats inside his office. The question is why? and the thought is how can he do this when I am assured this right under constitution and through an act passed by the Parliment. I will not be able to answer this.....

Now something amazing also happened, a Judge of High Court gave wings to our desire by passing and order which meant an order against the judicially most powerful person. But the fact is that the said order was not put in operation immediately and there was a period when the order was defied which in legal terms meant Contempt Of Court.

Many called me up and asked me that now when an order has been passed which in reality means that the CJI had blocked the rights of the common man and he was found to be wrong in doing so, then does he not loose a right to continue as CJI, legally as well as morally. I just reply to them, that I am not even 1% law literate and hence cannot answer the same.... but also add that this question also haunts me and if you get an answer please do inform me...

Thank god, I am not a judge................................

siddharth murarka