Manoj Ambat's Personal Blog

MULLAPERIYAR- INSINCERE POLITICIANS

noreply@blogger.com (Advocate Manoj Ambat) — Mon, 05 Dec 2011 00:09:05 PST

As Kerala reels under the perpetual fear of the Mullaperiyar breaking out and taking away Lakhs of lives, one is astonished to find politicians of all colors, shapes and sizes making a beeline to Chapath which is the site of the agitation for a new dam and announcing fasting for a new dam. The question that arises in one's mind is weather these political god fathers are sincere in what they demand.

In this blog, I am not trying to discuss the Mullaperiyar issue which is hogging the lime light and much is written about the same. It is a disaster awaiting to happen. What ticks me off is the blatant and crass politics played out by our leaders with accusations and claims while the real issue keeps on burning with out any valid solutions in sight.

THE POLITICIAN OF TODAY'S INDIA
The politician of today's India is a breed into themselves. They are not concerned about the common man and what they are seeking is raw power and money by any means necessary. For that they will unscrupulously play any games with scant regard for the well being of the common man whom they are obliged to protect. Now coming to the issue at hand, the politicians of both Kerala and Tamilnadu are to be blamed for this fiasco as they have played with the emotions of common man for petty political gains. Now what has happened is that both states have raised the temperature to such an extent that no person can go back. It is a fact that the Mullaperiyar dam which was constructed over 100 years ago is in it's fag end of life and needs either to be rebuild or entirely replaced. No dam worth it's name has ever existed 1000 years. Hence a viable and realistic solution ought to be found in this regard. But our leaders does go with petty political gains and try to extract maximum political mileage from the situation. The same thing had happened to the issues at Attapady where in the tribals are facing one of the most prolific human rights violations in modern day India. When the matter was a burning issue, every politician worth their name made a beeline to Attapady and announced packages and protests. But soon other issues hogged the lime light and Attapaddy was conveniently swept to the back burner with no viable solutions in sight. The same should be the fate of the Mullaperiyar issue. If our leaders are sincere about any solutions, what is required is to bring a viable solution which shall be acceptable to all the parties concerned. Now I know that is not easy, but nevertheless has to happen.

ROLE OF THE MEDIA

If our politicians play a game, the media also is to be blamed. Gone were the days when one only had one channel which us that 8.30PM news. Now there are 24 hours news channels competing for the attention of the viewers. What is required is to get the maximum TRP ratings. Now each channel has exclusives and any thing from a pot hole in a road to a crow sitting above a tree becomes news, all peppered up with nitty details. In such a charged atmosphere, media beats up the hype and builds up unnecessary fear psychosis. Each politician who may be fasting becomes headline news for the day. That takes us away from the real issue. What is required is for us to filter the imposter from the real man. Media ought to be vigilant and bring the real picture to the public, it is their duty as the fourth pillar of our democracy.

CONCLUSION

As much as we want too, politicians cannot be wished away as we are part of a democracy which is the pillar of the rights and privileges that we enjoy. What is required is for us to be vigilant and filter and distinguish the false from the truth. Maya generation of political leaders emerge who will be sincere to the welfare of the common man and who shall dedicate themselves for our country and making her the greatest in the world.

VANTE MATHRAM.

Why is US peddling a hangar queen? | The Asian Age

noreply@blogger.com (Advocate Manoj Ambat) — Fri, 11 Nov 2011 11:24:25 PST

Why is US peddling a hangar queen? | The Asian Age

Livefist: COLUMN | F-35: Should India Really Ride The Lightn...

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 08 Nov 2011 06:46:29 PST

Livefist: COLUMN | F-35: Should India Really Ride The Lightn...: By Mihir Shah & Aditya Mandrekar The recent statement by a United States Department of Defence official, that the US would be willing to ...

THE GREAT ASIAN POWER GAME- A BRIEF ANALYSIS

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 06 Nov 2011 07:58:41 PST

As we enter the second half of the new century, a new power game that will not only define the future of Asia-Pacific but the entire world is quietly been played out. The predominant players in this great game are Japan, China, India, The United States of America and Russia. A brief analysis of all the powers:

JAPAN

Japan has historically been one of the most powerful countries in Asia. After the devastating defeat in the second world war, it took Japan just 3 years to become a global power house. But with the strict curbs on military development, Japan followed a pacifist policy. But America nurtured Japan allowing her to develop a credible defense apparatus under the name of Self Defense. Japan now is slowly coming out of it's self imposed exile and building up it's defenses. With it's massive economy, Japan will be one of the main players of the emerging Asian security architecture.

CHINA

China has predominantly been an Asian super power. With the recent surge in it's economy, China will become the largest economy in Asia by the year 2020. With it's rapid economic development, China also is modernizing it's defense apparatus. China is expected to have a carrier task force with in the next 5 years. China also has an expanding space portfolio which includes manned space missions and Anti Basaltic Missile Defenses.

INDIA

India is quickly emerging as an economic power house. With an expanding economy , India today has one of the most potent armies in Asia and expected to have one of the most powerful military by the year 2020 ( according to a CIA analysis). India also has an expanding space program which include a manned mission to space by 2015-16 and to moon there after probably by 2020. India is also expanding her armed forces and is expected to induct 5'th generation combat air crafts by the end of the decade. India will also have three Aircraft Carrier task forces by that time and also be inducting nuclear submarines completing the nuclear triad. India also has a vibrant missile development project which has seen the successful development of several types of missiles catering to different needs.

USA

The United States of America is the great equalizer in the security architecture in Asia. Widely believed to be a power in decline., America still wield enough power to be a game changer. At any given time, America has three Carrier task forces in Asia and will remain committed top Asia for at least the second half of this century. America has and maintains the capability to intervene in any conflict in Asia.

RUSSIA

Though after the disintegration of the USSR, Russia was considerably weekend and was out of the security picture for long. But with a robust economy, Russia is slowly making it's mark felt in the Asian security architecture.

AN OVERVIEW

When one talks about Asia, one cannot ignore China. China will be the predominant power in Asia closely contested by India. The new power struggle will see China and India trying to expand each others influence through out the world. China has an early start in their quest to encircle India with their string of pearls strategy. That strategy implies building strategic relationships with countries that border India that includes Sri Lanka, Bangladesh, Myanmar and Pakistan. China had been openly helping Pakistan in all the ways possible. India has failed to destroy this strategic link.

It is time for India to get our act together. India should cultivate closer relationships with countries including Vietnam to contain China. India should support the development of credible and a strong defense establishment in all the countries in East Asia counter China. India ought to establish a strategic relationship with Japan and America to successfully counter China. India ought to make China understand that India is not the same power that it defeated in 1962. China had been trying all it could recently to play a big brother and threaten India. India ought to make China understand that it means business and will not tolerate such provocative steps.

The new strategic confluence is emerging in the world in which the powers of Asia namely China, India and Japan will play a crucial part. As the economic powers of both the countries increase, there will be a great jockey for precious economic resources by both China and India. What both countries need to keep in mind is that there should not be any escalation to an extent that a new cold war emerges. There can be a competitive rivalry but there ought to be checks beyond which the matters should not escalate.

It is time for India to embark on strategies that will secure us as one of the emerging powers of Asia. It is time to exert ourselves and make the world understand that we have arrived in the world stage. There is no time like now. Let India be the emerge as the most powerful country in the world.

VANTE MATHRAM.

LAWYER JOKES (VERY FUNNY, JUST WANTED TO ADD IT HERE)

noreply@blogger.com (Advocate Manoj Ambat) — Sat, 05 Nov 2011 07:42:05 PDT

These are from a book called 'Disorder in the American Courts' and are things people
actually said in court, word for word, taken down and now published by court
reportersthat had the torment of staying calm while these exchanges were actually
taking place.
_____________________________________

ATTORNEY: This myasthenia gravis, does it affect your memory at all?
WITNESS: Yes.
ATTORNEY: And in what ways does it affect your memory?
WITNESS: I forget.
ATTORNEY: You forget? Can you give us an example of something you forgot?
_____________________________________

ATTORNEY: Now doctor, isn't it true that when a person dies in his sleep, he doesn't know
about it until the next morning?
WITNESS: Did you actually pass the bar exam?
____________________________________

ATTORNEY: The youngest son, the twenty-year-old, how old is he?
WITNESS: He's twenty, much like your IQ
-------------------------------------------------
ATTORNEY: Were you present when your picture was taken?
WITNESS: Are you shitting me?
_____________________________________

ATTORNEY: So the date of conception (of the baby) was August 8th?
WITNESS: Yes.
ATTORNEY: And what were you doing at that time?
WITNESS: Getting laid
_____________________________________

ATTORNEY: She had three children, right?
WITNESS: Yes.
ATTORNEY: How many were boys?
WITNESS: None.
ATTORNEY: Were there any girls?
WITNESS : Your Honor, I think I need a different attorney Can I get a new attorney?
_____________________________________

ATTORNEY: How was your first marriage terminated?
WITNESS: By death.
ATTORNEY: And by whose death was it terminated?
WITNESS: Take a guess
_____________________________________

ATTORNEY: Can you describe the individual?
WITNESS: He was about medium height and had a beard.
ATTORNEY: Was this a male or a female?
WITNESS: Unless the Circus was in town I'm going with male
_____________________________________

ATTORNEY: Is your appearance here this morning pursuant to a deposition notice
which I sent to your attorney?
WITNESS: No, this is how I dress when I go to work.
_____________________________________

ATTORNEY: Doctor, how many of your autopsies have you performed on dead people?
WITNESS: All of them. The live ones put up too much of a fight.
_____________________________________

ATTORNEY: ALL your responses MUST be oral, OK? What school did you go to?
WITNESS: Oral.
_____________________________________
ATTORNEY: Do you recall the time that you examined the body?
WITNESS: The autopsy started around 8:30 pm.
ATTORNEY: And Mr. Denton was dead at the time?
WITNESS: If not, he was by the time I finished
_____________________________________

ATTORNEY: Are you qualified to give a urine sample?
WITNESS: Are you qualified to ask that question?
_____________________________________

ATTORNEY: Doctor, before you performed the autopsy, did you check for a pulse?
WITNESS: No.
ATTORNEY: Did you check for blood pressure?
WITNESS: No.
ATTORNEY: Did you check for breathing?
WITNESS: No.
ATTORNEY: So, then it is possible that the patient was alive when you began the autopsy?
WITNESS: No.
ATTORNEY: How can you be so sure, Doctor?
WITNESS: Because his brain was sitting on my desk in a jar.
ATTORNEY: I see, but could the patient have still been alive, nevertheless?
WITNESS: Yes, it is possible that he could have been alive and practicing law

SOWMYA MURDER CASE- THE CASE THAT TOUCHED OUR CONSCIENCE

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 01 Nov 2011 05:45:16 PDT

As a lawyer, I see hundreds of criminal cases every day in the courts. At the time when I started my practice 12 years ago, as a young lawyer, I had dreams of doing my bit to change the world. But as times went by and hundreds of cases later, we as a lawyers sort of get professionally detached from the cases. For us criminal lawyers, the evidence is nothing but a bunch of raw data which we dig through to bring out contradictions and omissions, to bring out the failures of the prosecution. Like a skilled surgeon, for us lawyers it becomes a day's work to conduct a case, a work that goes off our mind before the day is off and which only gets revived during the next posting. But there comes a case occasionally that steer our conscience and makes a lasting impressions in our minds.

The infamous Sowmya murder case was a case in point. Even from the beginning, I was keeping a close tab on the case, the brutality of which have shaken my conscience beyond belief. But as the matter was sub judice ( pending before the consideration of the court), as a lawyer I was not in a position to express my opinion. Now that the trial court has give it's judgement, I can express my self in this regard.

What touched me more about is the fact that the girl who is the dream of her family and who is returning home with a dream of a better tomorrow was brutally assaulted, raped and killed by a person who showed little or no remorse. In my line of work, we see only such emotionless state only from hardened criminals. In such persons too, after spending their days in court, they sort of break down. But the accused in this case defied all that and he was stone cold.

This brings to the question, where are we as a society going from here? Now there is scant regard for the dignity of our fellow human beings. Human rights violations and abuse of our sisters and mothers are rampant. On the other scale, men are targeted by their wife's and her household ( a subject that I will deal with in my next blog). What seems to have disappeared is the human feeling, sort of quality that differentiates us humans from animals. It is time to redeem our selves else humanity will be on road to extinction. Remember, mother nature does not allow a burden to be carried along for long.

I am not going to do an autopsy on this case. What is required is that we learn our lessons from this case. The authorities ought to make sure that such criminal elements are not allowed access into the trains. A nation only becomes great if there is rule of law, where our sisters and mothers can walk freely with out the fear of anybody. Let us dream of such a day and hope and pray such a golden time comes about. Lest the sacrifice made by the dear sister will go in vain. Let us pledge our selves to redeem our society of all the evils lest the coming generations never will forgive us for our failures and deeds.

VANTE MATHRAM.

India’s naval assertions | Deccan Chronicle

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 30 Oct 2011 00:02:31 PDT

India’s naval assertions | Deccan Chronicle

China and India at War: Study Contemplates Conflict Between Asian Giants

noreply@blogger.com (Advocate Manoj Ambat) — Fri, 28 Oct 2011 05:51:51 PDT

China and India at War: Study Contemplates Conflict Between Asian Giants

IntelliBriefs: Abusing History?

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 18 Oct 2011 06:49:38 PDT

IntelliBriefs: Abusing History?:

'via Blog this'

Prashat Bhushan's statement on Kashmir Issue

noreply@blogger.com (Advocate Manoj Ambat) — Sat, 15 Oct 2011 08:23:05 PDT

I was hunting the net for this video. Wanted to post what Prashant Bhushan said about Kashmir. This man being an Indian has insulted the Indians. Anna Hazare ought to throw him out of his team. Has hurt the heart and minds of every Indian who is patriotic- Manoj Ambat

"Nee Nenaindal" ft. Vidya and Vandana Iyer - Shankar Tucker

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 20 Sep 2011 06:01:58 PDT

FOR OR AGAINST ANNA HAZARE- YOU DECIDE

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 21 Aug 2011 08:22:00 PDT

It is unprecedented in modern Indian History. For days now a retired military driver who has turned a crusader against corruption has drawn millions of Indians to the streets from all walks of like for his fight against corruption. What is the power of this man and his cause that has seen people support him in huge numbers. I thought I will compile both the arguments for and against Anna Hazare. I would not like to be the judge in this matter. Let India decide. But I sure would like your opinion on this subject:

FOR ANNA HAZARE:

Issue	Our view	Government’s view	Comments
Prime Minister	Lokpal should have power to investigate allegations of corruption against PM. Special safeguards provided against frivolous and mischievous complaints	PM kept out of Lokpal’s purview.	As of today, corruption by PM can be investigated under Prevention of Corruption Act. Government wants investigations to be done by CBI, which comes directly under him, rather than independent Lokpal
Judiciary	Lokpal should have powers to investigate allegation of corruption against judiciary. Special safeguards provided against frivolous and mischievous complaints	Judiciary kept out of Lokpal purview.	Government wants this to be included in Judicial Accountability Bill (JAB). Under JAB, permission to enquire against a judge will be given by a three member committee (two judges from the same court and retd Chief justice of the same court). There are many such flaws in JAB. We have no objections to judiciary being included in JAB if a strong and effective JAB were considered and it were enacted simultaneously.
MPs	Lokpal should be able to investigate allegations that any MP had taken bribe to vote or speak in Parliament.	Government has excluded this from Lokpal’s purview.	Taking bribe to vote or speak in Parliament strikes at the foundations of our democracy. Government’s refusal to bring it under Lokpal scrutiny virtually gives a license to MPs to take bribes with impunity.
Grievance redressal	Violation of citizen’s charter (if an officer does not do a citizen’s work in prescribed time) by an officer should be penalized and should be deemed to be corruption.	No penalties proposed. So, this will remain only on paper.	Government had agreed to our demand in the Joint committee meeting on 23rd May. It is unfortunate they have gone back on this decision.
CBI	Anti-corruption branch of CBI should be merged into Lokpal.	Government wants to retain its hold over CBI.	CBI is misused by governments. Recently, govt has taken CBI out of RTI, thus further increasing the scope for corruption in CBI. CBI will remain corrupt till it remains under government’s control
Selection of Lokpal members	1. Broad based selection committee with 2 politicians, four judges and two independent constitutional authorities. 2. An independent search committee consisting of retd constitutional authorities to prepare first list. 3. A detailed transparent and participatory selection process.	1. With five out of ten members from ruling establishment and six politicians in selection committee, government has ensured that only weak, dishonest and pliable people would be selected. 2. Search committee to be selected by selection committee, thus making them a pawn of selection committee 3. No selection process provided. It will completely depend on selection committee	Government’s proposal ensures that the government will be able to appoint its own people as Lokpal members and Chairperson. Interestingly, they had agreed to the selection committee proposed by us in the meeting held on 7th May. There was also a broad consensus on selection process. However, there was a disagreement on composition of search committee. We are surprised that they have gone back on the decision.
Who will Lokpal be accountable to?	To the people. A citizen can make a complaint to Supreme Court and seek removal.	To the Government. Only government can seek removal of Lokpal	With selection and removal of Lokpal in government’s control, it would virtually be a puppet in government’s hands, against whose seniormost functionaries it is supposed to investigate, thus causing serious conflict of interest.
Integrity of Lokpal staff	Complaint against Lokpal staff will be heard by an independent authority	Lokpal itself will investigate complaints against its own staff, thus creating serious conflicts of interest	Government’s proposal creates a Lokpal, which is accountable either to itself or to the government. We have suggested giving these controls in the hands of the citizens.
Method of enquiry	Method would be the same as provided in CrPC like in any other criminal case. After preliminary enquiry, an FIR will be registered. After investigations, case will be presented before a court, where the trial will take place	CrPC being amended. Special protection being provided to the accused. After preliminary enquiry, all evidence will be provided to the accused and he shall be heard as to why an FIR should not be regd against him. After completion of investigations, again all evidence will be provided to him and he will be given a hearing to explain why a case should not be filed against him in the court. During investigations, if investigations are to be started against any new persons, they would also be presented with all evidence against them and heard.	Investigation process provided by the government would severely compromise all investigations. If evidence were made available to the accused at various stages of investigations, in addition to compromising the investigations, it would also reveal the identity of whistleblowers thus compromising their security. Such a process is unheard of in criminal jurisprudence anywhere in the world. Such process would kill almost every case.
Lower bureaucracy	All those defined as public servants in Prevention of Corruption Act would be covered. This includes lower bureaucracy.	Only Group A officers will be covered.	One fails to understand government’s stiff resistance against bringing lower bureaucracy under Lokpal’s ambit. This appears to be an excuse to retain control over CBI because if all public servants are brought under Lokpal’s jurisdiction, government would have no excuse to keep CBI.
Lokayukta	The same bill should provide for Lokpal at centre and Lokayuktas in states	Only Lokpal at the centre would be created through this Bill.	According to Mr Pranab Mukherjee, some of the CMs have objected to providing Lokayuktas through the same Bill. He was reminded that state Information Commissions were also set up under RTI Act through one Act only.
Whistleblower protection	Lokpal will be required to provide protection to whistleblowers, witnesses and victims of corruption	No mention in this law.	According to govt, protection for whistleblowers is being provided through a separate law. But that law is so bad that it has been badly trashed by standing committee of Parliament last month. The committee was headed by Ms Jayanthi Natrajan. In the Jt committee meeting held on 23rd May, it was agreed that Lokpal would be given the duty of providing protection to whistleblowers under the other law and that law would also be discussed and improved in joint committee only. However, it did not happen.
Special benches in HC	High Courts will set up special benches to hear appeals in corruption cases to fast track them	No such provision.	One study shows that it takes 25 years at appellate stage in corruption cases. This ought to be addressed.
CrPC	On the basis of past experience on why anti-corruption cases take a long time in courts and why do our agencies lose them, some amendments to CrPC have been suggested to prevent frequent stay orders.	Not included
Dismissal of corrupt government servant	After completion of investigations, in addition to filing a case in a court for prosecution, a bench of Lokpal will hold open hearings and decide whether to remove the government servant from job.	The minister will decide whether to remove a corrupt officer or not. Often, they are beneficiaries of corruption, especially when senior officer are involved. Experience shows that rather than removing corrupt people, ministers have rewarded them.	Power of removing corrupt people from jobs should be given to independent Lokpal rather than this being decided by the minister in the same department.
Punishment for corruption	1. Maximum punishment is ten years 2. Higher punishment if rank of accused is higher 3. Higher fines if accused are business entities 4. If successfully convicted, a business entity should be blacklisted from future contracts.	None of these accepted. Only maximum punishment raised to 10 years.
Financial independence	Lokpal 11 members collectively will decide how much budget do they need	Finance ministry will decide the quantum of budget	This seriously compromises with the financial independence of Lokpal
Prevent further loss	Lokpal will have a duty to take steps to prevent corruption in any ongoing activity, if brought to his notice. If need be, Lokpal will obtain orders from High Court.	No such duties and powers of Lokpal	2G is believed to have come to knowledge while the process was going on. Shouldn’t some agency have a duty to take steps to stop further corruption rather than just punish people later?
Tap phones	Lokpal bench will grant permission to do so	Home Secretary would grant permission.	Home Secretary is under the control of precisely those who would be under scanner. It would kill investigations.
Delegation of powers	Lokpal members will only hear cases against senior officers and politicians or cases involving huge amounts. Rest of the work will be done by officers working under Lokpal	All work will be done by 11 members of Lokpal. Practically no delegation.	This is a sure way to kill Lokpal. The members will not be able to handle all cases. Within no time, they would be overwhelmed.
NGOs	Only government funded NGOs covered	All NGOs, big or small, are covered.	A method to arm twist NGOs
False, Frivolous and vexatious complaints	No imprisonment. Only fines on complainants. Lokpal would decide whether a complaint is frivolous or vexatious or false.	Two to five years of imprisonment and fine. The accused can file complaint against complainant in a court. Interestingly, prosecutor and all expenses of this case will be provided by the government to the accused. The complainant will also have to pay a compensation to the accused.	This will give a handle to every accused to browbeat complainants. Often corrupt people are rich. They will file cases against complainants and no one will dare file any complaint. Interestingly, minimum punishment for corruption is six months but for filing false complaint is two years.

AGAINST ANNA HAZARE:

Don’t fall for the miracle cure that is being offered. Corruption must be fought differently and it’s not easy.
1. Is Lok Pal is necessary to fight corruption?
No, not only is it unnecessary, it will make the problem worse. Corruption in India arises because of too much government, too many rules, too much complexity and too much ambiguity. Adding one more, huge, powerful layer to an already complex system will make the system even more complicated. Complexity creates the incentives for corruption–both on the part of the bribe giver and the bribe taker.
See my article on why Jan Lok Pal is no solution and Amba Salelkar’s article in Pragati.
1A. Is the government’s version of the Lok Pal bill better?
No. We don’t need a Lok Pal at all. Making existing constitutional institutions—like CAG, CVC, CBI and the Election Commission—more independent will serve the purpose equally well. If we have been unable to prevent the politicisation and undermining of these instutitions why would we be able to prevent the Lok Pal from being politicised and undermined? If we can prevent Lok Pal from being politicised and undermined, why can’t we restore the independence and credibility of CAG, CVC, CBI and the Election Commission?
2. What’s the alternative to Lok Pal then?
The alternative is to proceed with second-generation reforms, or Reforms 2.0. Contrary to conventional wisdom reforms have reduced corruption, albeit by moving it to higher up the government. In 1989 an ordinary person would have to pay a bribe to get a telephone connection. By 2005, there was no need to pay a bribe at all and anyone could get a phone in minutes. Yes, 2010 saw the 2G scam in telecoms, but that was because the UPA government reversed the reform process.
In fact, data show that perceptions of corruption are lower in some sectors of the economy, usually those that have been liberalised.
If you are interested in exploring real alternatives, you can start by reading Atanu Dey’s slim, easily readable and inexpensive new book, “Transforming India”.
3. Doesn’t Hong Kong have an Ombudsman and doesn’t it enjoy low corruption?
This is a specious argument. There is little evidence to prove that Hong Kong has low corruption because it has an Ombudsman. On the contrary, there is empirical evidence from across the world suggesting that countries with high economic freedom are perceived to suffer from less corruption.
Hong Kong is one of the freest economies of the world, and therefore, incentives for government officials to be corrupt are relatively low. The Ombudsman is useful to address the residual corruption in economic sectors and in sectors like law enforcement that do not have discretionary powers over economic sectors.
4. How can we have economic reforms if the corrupt politicians don’t allow it?
We have not really demanded them at all, actually. If we did, they are bound to register in the national political agenda. We should persuade politicians that their political future is linked to implementing economic reforms.

5. Easy to say, but how can we do this?
By voting. The constituencies that stand to benefit from economic reforms—the middle class—needs to vote in larger numbers. In the absence of the middle class vote base, politicians appease the poor by giving handouts and entitlements, and cater to the super rich by allowing the crony sector to exploit the half-reformed economy. It’s not easy, and we have to be innovative. See for instance, Atanu Dey’s interesting idea to form middle-class vote banks to induce good governance.
Whatever may be the claims made by the people promoting Lok Pal, there is no miracle solution. They are peddling miracle weight-loss pills. Sadly, such pills usually don’t work and can cause severe damage to your health. If you are cautioned not to take those pills, you can’t ask “which other miracle weight-loss pill do you recommend”? The answer is in diet and exercise, which is hard work.
6. In the meantime, what’s wrong with Jan Lok Pal?This question has already been answered above, but it’s usual to encounter it again at this stage. The problem with Jan Lok Pal is that it’ll make the problem worse. Does anyone seriously think we can hire tens of thousands of absolutely honest officials who will constitute the Lok Pal? Who will keep watch on them? Maybe we need a Super Lok Pal, and then a Hyper Lok Pal to watch over the Super Lok Pal and so on…This isn’t sarcasm, this is the logical extension of the Lok Pal argument.
7. Don’t we have the right to protest peacefully? Why do you say that a fast-until-death lacks legitimacy?
Of course we have the right to protest peacefully. But it’s not about whether we have the right or not. It’s about are we using that right wisely. (You have the freedom of speech but that doesn’t mean it’s a good idea to blast Eminem using a loudspeaker at 2am in a residential district.)
As Ambedkar said while introducing the Constitution in November 1949, once the Constitution came into force, we should avoid all non-constitutional methods like protests and satyagraha, for they are the grammar of anarchy. If two persons go on fasts until death for two opposing reasons, we cannot decide the issue by allowing one person to die first.
Fast until death is political blackmail. It is a form of theatre engaged in to coerce the government into doing something that the agitators want. Whatever may be the cause, a single person cannot be allowed to dictate laws to the whole nation.
8. Doesn’t Anna Hazare have the right to fast until death?
Anna Hazare has the right to protest peacefully. However to the extent that his actions amount to an attempt to commit suicide, they are illegal. The government can legitimately prevent him from killing himself whatsoever the reason he might have to attempt suicide.
9. You are an armchair intellectual. Shouldn’t we trust activists more?
Pilots don’t design aircraft. Practicing doctors don’t discover new drugs and treatments. These jobs are usually done by armchair intellectuals. So being an armchair intellectual is not a disqualification.
You shouldn’t trust intellectuals or activists because of what they are. You should examine their arguments and make your own judgement. Most of the people supporting Lok Pal have not examined what the proposal is, have not tried to consider opposing arguments and blindly accept it as a solution because some famous people said so.
11. Aren’t those who oppose Anna Hazare’s agitation supporting the corrupt politicians?
No. It takes an enormous amount of arrogance to claim that Anna Hazare and his supporters have the exclusive hold on the right way to fight corruption.
In the real world, it is foolish to expect 100% clean and non-corrupt politicians. The real world challenge is to achieve good governance with imperfect constitutions, imperfect institutions, imperfect leaders and imperfect citizens. This requires us to realise that individuals respond to incentives. If we remove incentives for taking or giving bribes, then corruption will be lowered. We can reduce incentives for corruption by following through with the reforms that started in 1991 but have stalled since 2004.
It is entirely possible to oppose the UPA government’s politics and policies, while recognising that it is the legitimately constituted government of the country. Individuals and parties might suffer from a legitimacy deficit because of flagrant corruption, but the Government of India as an institution remains the legitimate authority to make policy decisions for the whole nation.
12. Why is fasting illegitimate when Mahatma Gandhi used it in our struggle for independence from the British?
There is a huge difference in context between 26th January 1950 when the Constitution of India came into force and the time before it.
Mahatma Gandhi used civil disobedience against laws imposed on India by the British government. Indians had no say in how the laws were made and how they were implemented. Indians could not repeal laws we didn’t want. Civil disobedience was justified in this context.
Gandhi also used it to coerce Indian nationalist leaders too, including Ambedkar and the Indian National Congress, into accepting his views. Whatever might be the wisdom of Gandhi’s intentions, this was undemocratic and created a culture of ‘high command’ that lives on to this day. Fasting was not justified in this context. This part of Gandhi receives little attention in the dominant narrative of Indian history.
With the formation of the Republic of India on 26 January 1950, things changed profoundly. All Indians have a say in how laws are made and how they are implemented. We can amend or repeal laws that we do not like. There is, of course, a method to do this, which must be followed. These are the constitutional methods that Ambedkar referred to in his grammar of anarchy speech. When constitutional methods are available, there is no case for non-constitutional methods like satyagraha or hunger strikes.
There is thus no equivalence between Gandhi’s satyagraha against the British ruling us and Mr Hazare’s hunger strikes against we ruling ourselves.

Now you decide. May India find the right answer in this war

INDIA AGAINST CORRUPTION

noreply@blogger.com (Advocate Manoj Ambat) — Sat, 09 Jul 2011 08:48:01 PDT

("INDIA AGAINST CORRUPTION". It says it all. India has risen against corruption and there is a definite movement against the same and the end of the corruption is a bane in the Indian Society which is eating into the fabric of the Indian society is close at hand) so said a leading voice who is also one of the leading self professed pariah against corruption who had found his or her calling card suddenly one day).

Well it has been a while since I did a blog. So many things had happened in the mean while. Kerala for the first time in so many years has elected a wafer thin majority government who is now a hostage to demanding allies. But what I am dealing today is about the most happening thing in India today, "CORRUPTION".

You find a slogan against corruption just about anywhere these days, from malls to social networking sites. You have groups dedicated to the fight against corruption to experts who now authoritatively talk about ways to fight corruption. You have so called self professed sages who claim to fast until unrealistic demands which they claim will help in fighting and eradication of corruption from India in a day or two. Now never feel that I am for corruption or I am mocking the genuineness of these people. But the question I want to ask is weather there is any immediate solutions to this social menace? Well, in my humble view, that is beyond the wildest expectation. What is required is a prolonged battle to eradicate corruption from our society.

LOKPAL

The proposed Lokpal bill that is designed to be the nodal authority to fight corruption is in it's embryonic stage. This authority will be quasi judicial in nature and will hear and dispose off corruption related cases. Now there is serious differences as to how such an authority is to be crafted. When the government wants the PM's office and the higher Judiciary to be kept out of the purview of this agency, Team Hazare ( now claimed to be the representatives of the society) wants this authority to cover the whole gamut including PMO, Judiciary and even the conduct of MPs inside the parliament. But in my opinion, that cannot be allowed. Parliament is the highest constitutional body in India and is one of the three pillars of our country. If as claimed by Team Hazare the conduct of MP's inside the Parliament is brought under the purview of the Lokpal, it can be open to abuse as the Lokpal will become a supreme authority even over the Parliament and any scrupulous element can create question the same on flimsy grounds and in many ways put the death knell to our system of democracy.

Judiciary is expected to work as the custodian of our democracy and ensure that the other two pillars, Parliament and the Executive does not over step their constitutional mandate. But if the Lokpal bill brings the Judiciary under it's purview, then any decision that is taken by the Judges will and can be questioned by any party and such a mechanism if allowed strikes at the root of the Judicial independence.

MY SOLUTION

In my humble view, what is required is not a new system but enhancing the present systems to effectively deal with corruption. India now has effective laws like the "PREVENTION OF CORRUPTION ACT" and also many provisions in the Indian Penal Code which if implemented effectively can ensure that corruption once and for all can be wiped out of our society. Parliament and Judiciary should have it's own mechanism say like a powerful committee who will act as check against those concerned.

REMEMBER THE BEGINNING CAN BE MADE BY US. NEXT TIME IF SOMEBODY ASKS YOU MONEY FOR ANY SERVICES, THEN SAY NO AND BRING THAT PERSON TO JUSTICE. IT IS NOT ANY BABA OR HAZARE WHO CAN MAKE A DIFFERENCE. IT IS YOU AND ONLY YOU WHO CAN MAKE THE REAL DIFFERENCE. A SMALL STEP IN THIS DIRECTION TODAY WILL BE A GIANT STEP FOR OUR COUNTRY AND OUR SOCIETY TOMORROW IN OUR QUEST FOR ERADICATE THE BANE OF CORRUPTION ONCE AND FOR ALL FROM THE FABRIC OF OUR SOCIETY

JAI HIND

KERALA ELECTIONS 2011- WHAT THE PEOPLE WANT

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 12 Apr 2011 08:43:48 PDT

As Kerala prepares to vote for electing members to the new State Assembly, the question that we need to ask is what have changed in the last 55 years.

Kerala had come into existence on 1.11.1956. Kerala also has the history of electing the first communist government in the world. Into the 70's and 80's Kerala has seen explosive growth and profound change thanks mainly to such revolutionary enactments as Kerala Land legislation and other social reform measures. Kerala also boasted of having the largest literacy rate for any state in India. Kerala also enjoyed high quality health and good quality of living standards. Kerala was uniquely blessed with a huge expatriate population the numbers of whom swelled by the 1970's. These Non resident keralites pumped billions into the Kerala economy which had a profound impact in the socio-economic- political life of Kerala. But there has been a flip side to this rosy picture. Due to the militant left backed labour unions which initiated frequent strikes, Industrial development in Kerala has all but disappeared with entrepreneurs  preferring greener pastures like Tamilnadu and Karnataka. By the 1990's, with Gulf money slowing down,the scenario again changed for the worse. 1990's has seen a drastic realignment of global forces with the disappearance of Communism. After the gulf war, the socio- economic scenario also started changing drastically. The gulf countries has slowly started a program of localisation in turn discouraging foreign labour. Many Malayalees have been forced to return to Kerala. But the successive governments have failed to deliver on any rehabilitation packages for these NRK's.

INFRASTRUCTURE

Infrastructure development are the key enablers for the rapid economic development for any society. But the successive governments have failed to bring out any qualitative  blue print for the comprehensive development of infrastructure. Kerala has only added only a few thousand kilometers compared to the national average. Also the state of the conditions in Kerala is pathetic. Roads are key economic development enablers. But almost all roads in Kerala are very badly maintained with very few good roads. The same holds good for national highways and other major roads. The explosive growth of vehicles has added to the voes with the government failing to develop the roads to accommodate such heavy traffic. Also there has been very few developments in the railways also.

HEALTHCARE

Health care in Kerala is in the verge of collapse. The Kerala health system is largely modeled in the British health care system having four tires with the Health Centres in the bottom of the pyramid growing to the Medical Hospital in the top. These systems are largely designed in the Refferal Institutions with Taluk and District Hospitals catering to the middle. This public health system is largely relied by the public and those who belong to the lower strata of the society. But over the years this health system which once enjoyed the pride of place has been in verge of crumbling. This vacuum is now largely filled by private hospitals where the treatment is largely costly and beyond the realm of common man.What is required is a comprehensive master plan to develop the government hospitals and local health centres to the centres of excellence from where common man can get affordable and high quality treatment.

LAW AND ORDER

The last few years has seen the emergence of criminal gangs who go under the brand name "Quotation gangs". The establishment has failed to check and counter this growing menace. Several high profile murders had taken place in the recent years. But the successive government has failed to take up any comprehensive steps to counter and destroy this emerging menace. Also the cases of corruption and nepotism are rampant which needs to be eradicated.It is the call of the hour and if we do not take any steps now, time will never forgive us.

FINAL VERDICT

As we prepare to cast our votes tomorrow, it is the duty on us to excise our vote carefully and vote for the best man who will be able to look after and protect the interests of the common man. Remember this is the time for change and it is on our shoulder to bring about such change in Kerala. May all my brothers and sisters be able to vote for and elect the best man and women as their representative to the state assembly.

   VANTE MATHRAM

:: Bharat-Rakshak.com - Indian Military News Headlines ::

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 08 Feb 2011 05:57:01 PST

:: Bharat-Rakshak.com - Indian Military News Headlines ::

Check out Palakkad District News,Palakkadu Local News,പാലക്കാട്‌ ,പാലക്കാട് ,അട്ടപ്പാടി മനുഷ്യത്വത്തിന്റെ ശ്മശാനഭൂമിയായി -കുമ്മനം രാജശേഖരന്‍ ,Kerala - Mathrubhumi

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 06 Feb 2011 01:23:31 PST

Check out Palakkad District News,Palakkadu Local News,പാലക്കാട്‌ ,പാലക്കാട് ,അട്ടപ്പാടി മനുഷ്യത്വത്തിന്റെ ശ്മശാനഭൂമിയായി -കുമ്മനം രാജശേഖരന്‍ ,Kerala - Mathrubhumi

Attapady Vanavasi Avakasha Samrakshana Samithi launch

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 06 Feb 2011 01:21:48 PST

http://www.mathrubhumi.com/palakkad/news/771488-local_news-Palakkadu-%E0%B4%AA%E0%B4%BE%E0%B4%B2%E0%B4%95%E0%B5%8D%E0%B4%95%E0%B4%BE%E0%B4%9F%E0%B5%8D.html

Indian MRCA competition - Wikipedia, the free encyclopedia

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 01 Feb 2011 19:46:51 PST

Indian MRCA competition - Wikipedia, the free encyclopedia

YouTube - Even Pakistan could not dare to call Hindu Terrorist - Shri Mohan Bahgwat Ji

noreply@blogger.com (Kerala Varma) — Wed, 12 Jan 2011 11:14:48 PST

YouTube - Even Pakistan could not dare to call Hindu Terrorist - Shri Mohan Bahgwat Ji

No place for radicals in RSS: Shri Mohan Bhagwath | Vasudhaiva Kutumbakam

noreply@blogger.com (Kerala Varma) — Wed, 12 Jan 2011 11:12:55 PST

No place for radicals in RSS: Shri Mohan Bhagwath | Vasudhaiva Kutumbakam

Check out Palakkad District News, Local News,പാലക്കാട്‌ , ,ആദിവാസിഭൂമി തട്ടിപ്പ്: കേസുകളില്‍ അഭിഭാഷകപരിഷത്ത് കക്ഷിചേരുന്നു ,Kerala - Mathrubhumi

noreply@blogger.com (Advocate Manoj Ambat) — Fri, 31 Dec 2010 07:56:30 PST

Check out Palakkad District News, Local News,പാലക്കാട്‌ , ,ആദിവാസിഭൂമി തട്ടിപ്പ്: കേസുകളില്‍ അഭിഭാഷകപരിഷത്ത് കക്ഷിചേരുന്നു ,Kerala - Mathrubhumi

MERRY CHRISTMAS TO ONE AND ALL

noreply@blogger.com (Advocate Manoj Ambat) — Thu, 23 Dec 2010 20:11:18 PST

MERRY CHRISTMAS AND HAPPY NEW YEAR TO ALL MY READERS- MANOJ AMBAT

THE SORROW OF BANARAS

noreply@blogger.com (Advocate Manoj Ambat) — Thu, 09 Dec 2010 07:01:30 PST

Banaras, the holiest of the holy place for all Hindus. It is said that a single journey to this holy place wipes all the sins that one might accumulate over a life time. Kasi is one of the most revered places of worship for Hindus. Banaras also has a another face, the face of Hindu Muslim unity. The most famous son of Banaras, Ustad Bismillah Khan is known all over the world and he is also one of the regular players in the banks of the Ganges on all holy occasions. Hindus and Muslims had lived amicably here for thousands of years. In many ways Banaras represents the genesis of the great nation called India.It is this fabric that the perpetuators of the horrific bomb blast had tried to hurt.

The unfortunate bomb blasts that ripped through Banaras last week killed a six month old girl child. The very calculation of those behind the cruel blasts is to incite communal tensions and hatred between Hindus and Muslims and in a way take India to communal clashes. The blasts also exposes the fault lines with in the Indian security establishment. That matter I will discuss a little later in this blog.

The Indian Mujahideen has claimed responsibility for the attacks. For the uninitiated Indian Mujahideen is a amalgamation of SIMI and LeT combined to give a local colour to the Anti Indian movement of certain foreign hands. Over the years IM has emerged as the one of the most lethal Anti Indian forces operating within our country. IM has claimed responsibility for this devastating attack. The attack was also highly calibrated to cause maximum damage with the blast taking place at the dusk Aarti ritual in the banks of the Ganges which draws a lot of visitors. It is not the first time Banaras is attacked. But the attack also shows the internal dynamics of our great country that has not seen any communal out breaks. It is the truth common man is fed up of this blood letting.

THE CHALLENGES FOR OUR SECURITY ESTABLISHMENT

The repeated attacks on India brings out a troubling question weather our security establishment is equipped to handle such exigences. For one, our establishments has not been successful in containing repeated bomb attacks on our country. The moot question is weather we have learned from our previous experiences and taken corrective action?

After 2 years of the Mumbai attacks, we are still to equip our main forces, 51 Special Action Group, National Security Guards with proper equipments. A report recently in an Indian Magazine exposed serious lapses in procurement of necessary gear for our main strike forces for Anti Terrorists Attacks. It is time we woke up from our slumber and take necessary readdresses to seriously correct the anomalies that has plagued our establishment. We ought to learn a ting or two from the United States which has succeeded in preventing an repetitive attacks on it's soil. Intelligence gathering ought to be strengthened with more assets deployed in the field and it is time to seriously rethink our strategy to contain and liquidate any terrorist threats to our country. It is time to take necessary redressal actions lest the future will never forgive us for our slumber.

OUR THOUGHTS AND PRAYERS TO THE LITTLE ONE WHO HAS LOST HER LIFE IN THE BOMB ATTACK AT BANARAS.

Kani Kanum Neram - Lord Krishna Devotional Song

noreply@blogger.com (Advocate Manoj Ambat) — Sun, 12 Sep 2010 12:52:25 PDT

MALAPPURAM LIQUOR TRAGEDY- KERALA ON A TICKING TIME BOMB

noreply@blogger.com (Advocate Manoj Ambat) — Tue, 07 Sep 2010 07:03:07 PDT

Kerala can claim effectively claim to be the liquor capital of India. Malayalee's obsession with liquor is proven by the quantitative increase the amount of liquor that is sold through legal out lets that has around 400% increase every year. But that figure is just the tip of the ice berg. It is estimated that what is sold through legal out lets contributes just just a fraction of liquor consumption in Kerala. The major chunk are those country made liquor like toddy which is cheap and easily available in country side. Such type of liquor is the favorite of the labourers particularly from other states.

INDIAN MADE FOREIGN LIQUOR (IMFL)

Indian Made Foreign Liquor are those foreign liquor like whiskey and rum that is made and marketed by Indian companies. They are of high quality subjected to strict and stringent quality inspection.In Kerala, they are sold through Kerala State Bivarages Corporation outlets.

COUNTRY LIQUOR
Country liquor are quite a favorite especially with labour class.In Kerala, the most popular is the Toddy or called Kallu. It is an brew extraction from either coconut or palm which is subjected to some process before it is fermented and make it alcoholic. It is such liquor that is used by the labour and lower class rampantly. Now there are strict guidelines to brew toddy. But in most cases, such rules are flaunted. The worst form of contamination is the addition of methane spirit. Methane spirit though cheap is not edible and will cause illness including blinding a person or death.

Kerala has witnessed a um teem liquor tragedies. But it seems we have not learned our lesson. Each time there is a tragedy, the media goes to over hype. There are investigation and recommendations. Then after some days all is forgotten until the next tragedy strikes us. Why is that we do not learn from our previous mistakes and avoid such tragedy from happening? The most to blame is the serious government apathy. Even after a disaster the Government takes only non serious steps mainly to eye wash the public.

WHAT NEEDS TO BE DONE
We need to make a serious assessment as to what is wrong with the system? Corrective steps need to be taken. There should be serious and concerted effort to cap the smuggling of methane alcohol from other states. People need to be educated about the implications of taking spurious alcohol. It is always better to spread awareness as to the dangers of alcoholism and educate people on ways to give up drinking. But that as some say is rather an Utopian idea as studies has shown that even the best awareness program has failed to pursue the people to give up alcohol. So the best that can be done is to educate people on the evils of drinking spurious alcohol. Effective steps need to be taken to check the quality of liquor that is being sold. Stringent laws need also to be made to make the guilty punishable and the establishment more accountable. Then only we will be able to avert another catastrophy like the one that has happened in Kerala so many times that is unfolding in Malappuram now. Let us pray for all that are effected.