Venkatraman Ns | 22 May 16:47 2015
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[IAC#RG] ARE INDIAN JUDGES NOW UNDER TRIAL ?

       
To
India Against Corruption
                                                                                 ARE INDIAN   JUDGES  NOW  UNDER  TRIAL ?

In recent times, several judgements  delivered by Supreme Court and High Courts have surprised and shocked common men.  While even the judges in USA have often come under severe criticism, the conditions in India appear to be no better.  So far, common men have believed that the judges would be the ultimate conscience keeper of the country and this belief is certainly getting eroded fast now.

While several judgements have raised lot of suspicions in the past, it has now reached a climax when a High court judge acquitted a Chief Minister in a corruption case based on wrong arithmetic calculation and a rich  actor was given bail in a   few hours after being convicted .These are all very disturbing signals which the country can ignore only at it’s peril. If the judges would not command faith amongst the people, the inevitable consequence will be that people would tend to believe that there would be no alternative other than resorting to violence to protect probity in public life. It is not clear yet whether the judges have realised the consequences of delivering judgements which  cause  blatant suspicions and misgivings  amongst the people.

Of course, it is true that the judges function in stressful conditions with high expectations of standards from the people., who may not understand many intricacies of the law and the facts. When a judgement is delivered, it inevitably happen  that one party  would suffer and another party  would triumph. There can also be genuine differences in  interpretation of  law while providing judgements.  While these factors are understandable, when judgements cause serious doubts amongst the people as to whether the judges have been impartial, it would be a tragic situation. Unfortunately, this appears to be what is happening in India today.

One cannot miss the fact that even retired judges of the High courts and Supreme courts have levelled  corruption charges  against sitting judges in recent times. While some say that this could be a situation similar to pot calling kettle black, nevertheless  such accusations are extremely disturbing.  There have been senior judges against whom molestation charges and land grabbing charges have been levelled and  common men believe that most of these charges appear to be true and genuine. In all such cases, the Supreme Court have not scrutinised the cases thoroughly but have allowed  the judges to go scot  free with judges rarely being punished .

On the other hand, several senior judges have no hesitation in accepting  posts such as Governor etc., which make people wonder as to whether these  judges have been rewarded by the government for any reason after their retirement. Why these judges place themselves in such suspicious circumstances by accepting such post retirement positions ?

It is now high time that the judges have to redeem their fair name amongst the people of India. Many believe that the Government of India’s move to appoint judges by setting up judicial commission is appropriate , as in the past, several judges have been appointed due to political reasons at the behest of politicians. Further, it is now seen that the judges have no qualm about sharing platform in meetings with business men and politicians , some of whom face charges in the court.

Before the public suspicion become worse, the judges should  immediately  atleast evolve a code of conduct for themselves and develop a mechanism where the code of conduct could be scrutinised.

The judges have no time to lose as the country men appear to be becoming impatient and developing a sense of  frustration , which make them say  YOU TOO JUDGES.

N.S.Venkataraman
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Vijay Kapoor | 20 May 10:41 2015
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Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING

In this context, the recent order by SC as reported in the media, that a "judge" who has passed an absurd order
cannot be questioned, is even more absurd. Question then arises: that if the "judge"  even in an absurd
order cannot be questioned, can a judge who passes a criminal order, say, "go and shoot Mr. X" or "go and
commit rape" or "burn down the house" can also not be brought to book !? Then can an absurd "judge" who passes
an order, say, "I hereby sack the President of India" or "The parliament stands dissolved" be not brought
to book ?
The judges need to ponder the deleterious effects on the nation of their virtually complete accountability.

Regards,

--------------------------------------------
On Wed, 5/20/15, Rakshpal Abrol <rakshpal.abrol@...> wrote:

 Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING
 To: "Gopalkrishnan iyer" <iyer_ga@...>, "Dr. NC Jain"
<j_nc2000 <at> yahoo.com>, "vijay99kapoor@..."
<vijay99kapoor@...>, "indiaresists <at> lists.riseup.net" <indiaresists@...>
 Date: Wednesday, May 20, 2015, 1:04 AM

 The system was
 evolved taking into consideration of British
 laws.Most of the Advocates follow
 the same and being influenced the judges pass the
 order.The
 Justice is never delivered it is purchased.   
 Warm regards,    
 Rakshpal Abrol
 Consumer Activist
 9820203154
 rakshpal.abrol@...

       
  From: Gopalkrishnan
 iyer <indiaresists@...>

 To: Dr. NC Jain
 <j_nc2000@...>;
 "vijay99kapoor@..."
 <vijay99kapoor@...>;
 "indiaresists@..."
 <indiaresists@...> 
  Sent: Tuesday, 19 May
 2015 3:22 PM
  Subject: Re: [IAC#RG]
 WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE
 ALARMING

 There is
 no doubt left as to the fact that Indian justice system is
 not free from influence from powers that be, money power and
 high profile advocates.The recent verdicts one after the
 other seeng Salman khan virtually a free man within hours
 despite being convicted is ample proof that justice delivery
 is maneovreable! Harish Salve's presense in the court in
 a way subdued the Justice!! Or else all those involved in
 deliberating whether Salman is a culprit or not are  not at
 all knowing the law on which they argued for 13 years! 
 Jayalalitha'scase too is anopther instance cite!  Can a
 common man avail the services of Salve or the like of him
 and if so at what cost and how fast! Common man has to wait
 for months for an appontment where as all appointments were
 cancelled and flew down in Salmans case!!I should
 say the justice system also is influenced by status of
 people involved!

 Insider
 trader Gupta in the US was convicted in a matter of days and
 sentence followed in the same pace whereas Harshad
 Mehta's case is far from being over though the accused
 passed away long back!
 I think the jury system
 could speed up the justice system with least chance of a
 faulty delivery of justice

  

 

 
   On Monday, 18 May 2015 12:47 PM, Dr.
 NC Jain <indiaresists@...> wrote:

 
  Dear
 sir    
 Such instances are very common.As everone is aware, justice
 delayed is justice denied and In India, it is a common
 practice in almost,most department. I have a case of
 noncompliance of CIC order for the last 4 years and cic is
 not replying/taking any action on it. In short,India is free
 but not Indians.We have to struggle to make Indians free.
 Dr
 N C Jain  

 
      On Friday, May 15, 2015 1:14 AM,
 Vijay Kapoor <indiaresists@...> wrote:

 
  In
 theory there appeals are possible to set right the wrongs of
 lower courts. But things are entirely different in
 practice.
 I cite a couple of my own
 experiences:

 1.  I filed a
 consumer complaint against a leading industrialist and
 builder of Goa in the State Consumer court. The
 "president judge", one Mr. Nelson Britto,
 apparently held the case in my favour because he granted me
 penal damages of Rs. 3.0 lacs against the builder. But look
 at the sheer malafides of the "judge" and his
 "order", who apparently imposed the penalty as a
 smokescreen to shield AND REWARD the errant industrialist.
 His entire order does not mention a single word as to why he
 imposed the penalty, and whether the builder was in
 deficency, in unfair trade practices, and providing
 hazardous services, WHEN the industrialist-builder has lied
 under oath and put a false document said to be the NOC from
 navy in the agreement to sell; the builder admitted in
 cross-examination under oath in that he destroyed evidence;
 that he never obtained the mandatory NOC from navy; that the
 brochure placed on record by me was his brochure; that he
 contravened
  Registration Act; that he
 contravened The Transfer of Property Act by not disclosing
 material defects in the property; etc. and so on. There is a
 contravention of at least half a dozen major Acts and laws
 of the land. But the "judge" does not discuss any
 of the law points involved and does not utter a single word
 about all those. Finally to cap it all the "judge"
 ignores the prayers made by me to either give market value
 (with written quotations from 5 vicinity builders) OR a
 similar flat in nearby locality. Instead he gives interest  <at> 
 15%, which means a loss in capital value to me of over 10
 lacs (excluding interest cost), and a corresponding gain to
 the industrialist.

 2.  In
 another case in the same court the "judge", one
 Mr. Prabhudessai, who claims to be a law teacher in a local
 college, ignores all evidence on record and several points
 of law raised: Can the opposite party submissions that are
 not on affidavit and are merely verbal, be entertained by
 the court; Can a piece of paper without an Invoice Number /
 Tax registration, taxes be a valid "Invoice /
 Bill"; can the OP who has approached the court in not
 good faith be entertained; when there are 6 different
 agreements between the parties and with different dates and
 terms & conditions, can the matter be properly decided
 without first deciding which of the agreements is the valid
 one; when the OP himself does not dispute or refute the
 evidence placed on record, can the "judge"
 unilaterally decide differently that too without any
 reasoning; can the "judge" overrule at least 10 SC
 judgments on different subjects; can the "judge"
 overrule the law and the intent to
  the
 parliment; can the "judge" order costs when
 several issues of law have been raised; etc. The appeal
 before the National Commission was the same  .......
 non-appreciation of evidence on record and several  law
 points raised. At this point as I came down with health
 problems I could not pursue the matter in the SC.

 There are many fine judges (I
 recall Justices Mr. Sachar and Mrs. Leila Seth, who settled
 my PF case in just 4 hearings and did not allow the govt.
 lawyers to dilly-dally. I also recall the justice in Delhi
 HC, who put his foot down by telling the govt judges to get
 on with their defence, if any, and the outcome was quaterly
 disclosure of results by corporates, and also certain
 provisins for transparency in results.) But, the problem is
 all-persuasive, and is not limited to the judiciary only. As
 the SC itself has said that the judges are part of the same
 society. One hopes that one encounters the good judges,
 babus, netas, of which there are many.

 There is need for ALL-ROUND reform as in
 REFORM. The elections, administration, judiciary, police,
 education, health, ... just everything.

 Regards,

 
 --------------------------------------------
 On Thu, 5/14/15, P.Mohana Chandran <p.mohanachandran50@...>
 wrote:

  Subject: Re:
 [IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES
 CAN BE ALARMING
  To: indiaresists@...
  Date: Thursday, May 14, 2015, 1:08 AM

  Shri Venkataraman may
  kindly note that to err is human.Judges also
 may err-of
  course not with the intention to
 err.The error may be on a
  question of law
 or on a guestion of fact.To take care of

 such situations,law enables affected party to file
  Appeal,Review,Revision etc.Do you wantthe
 Appellate Court to
  confirm the trial court
 judgement in all cases and thereby
  make the
 people to have faith in judiciary.TrialCourt and
  Appellate Courts shall patiently hear the
 matter and give
  judgements with out fear or
 favour.They need not worry about
  the
 comments that may be made by persons like

 Shri.Venkataraman.
  If the decision of
 Mr.Justice Kumaraswamy of
  the Hon'ble
 Karnataka High Court is based on erroneous

 calculation (mathematical error ) in calculating the
 total
  assets and total income and if the
 mismatch is really more
  than 10% as is
 being propogated by some opposition leaders

  in Tamilnadu, a mere Application  for Review will be
  sufficient for the Judge to  correct the
 error.
  The allegation was that since
  Ms.Jayalalitha  is a politician,the case was
 prolonged for
  more than a decade.On her
 coviction,when the Bail matter
  came up
 before the Supreme Court ,coditional Bail was
  granted,a consequence of which is expeditious
 disposal  of
  the Appeal which resulted in
 quick disposal of the
  Appeal.The economic
 status of the party concerned has
  nothing
 to do with the case.
  A resourceful /wealthy
 party may be able
  to engage a team of legal
 experts and may be able to come
  out
 successful by taking advantage of the loopholes in law.A
  'daridra narayana' may have to depend
 on a lawyer
  provided by Court or  Legal
 Services Authority who may  or
  may not be
 good/capable of handling the matter.It is only in
  this matter ,economically deprived persons are
 in a dis
  advantageous position.Bail is the
 Rule and Jail is an
  exception. Poor people
 are not capable of engaging a lawyer
  and in
 cases that are not very serious,amicus curie is not
  appointed by court for accused and hence they
 remain in jail
  for days, months and  at
 times years.
  I shall cite a case
 (Mrs.Indirra Gandhi)
  where a High Court
 's verdict was set aside by the
  Supreme
 Court,not because the High Court was wrong but
  because the Parliament amended the law with
 retrospective
  effect.Incurring expenses by
 a candidate above the cut off
  limit was an
 electoral malpractice even if the amount is

 spent by a  political party. Mrs.Gandhi was unseated as
  Congress spent in excess of the cut off
 amount.During
  emergency, law was amended
 with retrospective effect
  stipulating that
 money spent by political parties shall not

 be counted to calculate the cut off amount .Both the
  decisions were correct.Perhaps Shri
  Venkataraman might not have uttered a word
 had
  Ms.Jayalalitha got the Prevention of
 Corruption  Act
  amended with retrospective
 effect exempting MPs,MLAs,MLCs
  and Central
 and State Ministers from the per view of the
  Prevention of Corruption  Act.I appreciate Ms
 Jayalalitha
  for fighting the case by filing
 Appeal engaging ,of course
  the best legal
 brain instead of managing to  amend the

 Prevention of Corruption  Act with the help of Mr Modi
 and
  also the DMK P.Mohana

 Chandran
  On Wed, May 13, 2015
  at 9:08 AM, Raghavan R N <raghavan6@...>
  wrote:

  

  Dear Sir,

 If some one is  Punished by a Court, it does not
  mean Judiciary  is right . There are many
 cases  pending
  Judgement  in a number of
 Courts in india, the two recently
  came up
 for public attention is that of Ms Jayalalitha and
  Mr Salman Khan
  Every one
 knows that  Ms Jayalalitha's case
  is
 one related to Politics and it is natural, every one
  wanted her to be punished[ her opponents]. 
 She has been an
  actress for a long time and
 her back ground is too good to
  be
 considered that she amassed wealth only by political
  means.  Judgement by a Lower Court need not
 necessarily
  decide the final outcome. Law
 provides more options  till
  Supreme Court.
 If it is a fit case for fighting, Govt should
  initiate action to file a suit in Supreme
 Court. None
  prevented and no one should
 close this option. Counting
  dresses ,
 chappals and other house hold articles for

  estimating the assets of Ms Jayalalitha looks
  odd.
  In the case of Ms Salman
 Khan, it can be
  appreciated that this case
 is not of national importance.
  Daily such
 run over cases happen in India and abroad and
  even yesterday three women were killed under
 the wheels of a
  police vehicle. It is an
 accident can be due to
  negligence.Here too,
 the accused has options to
  appeal in higher
 court to get justice. Bail was granted as

 he is an actor and is working in number of FILMS. All get
  affected. Granting bail , fast or slow cannot
 be questioned.
  Definitely, prominent people
 get things done fast and for
  others, it
 takes time. It is Indian culture and way of doing
  things in India.  

  raghavan rn

 

  From: boompellivenkatrao@...
  Date: Tue, 12 May 2015 12:47:50 -0400
  To: indiaresists@...
  Subject: Re: [IAC#RG] WHEN PEOPLE LOSE FAITH
 IN JUDICIARY ,
  CONSEQUENCES CAN BE
 ALARMING

  One more case of
 SATYAM   Ramblings Raju. The fraud is
  a
 open book to every one. He got bail with in a
  month. 
  B. VENKAT RAO
  Sent from my iPhone
  On
 12-May-2015, at 3:41 am, Jagjit Ahuja <jagjit.ahuja@...>
  wrote:

 
 Judiciary in India has
  made a mockery of
 themselves . They know that there is  no

 one in the governing system who can punish them for all
 the
  wrongs. Now with the judgement made in
 favour of
  Jayalalitha clearly shows that
 how our judiciary has been
  working . The
 presenting officers and the defence

  advocates have been playing games with each other .At
  least punish out off  those who have been
 proved to be
  wrong .
  Same
 thing happened with the case of Salman

 Khan.
  On Mon, May 11, 2015 at 8:41 PM,
 Venkatraman Ns <nsvenkatchennai@...>
  wrote:
  To

 India Against Corruption

 

  

                                                           
      WHEN PEOPLE LOSE FAITH IN JUDICIARY
  , CONSEQUENCES CAN BE ALARMING

  
  After
 several years
  of trial in a killing case,
 an actor was held guilty by the
  court and
 jail term
  awarded. But, he got bail in a
 few hours 
  from another judge. After
 several years of trial in a
  corruption
 case, a
  Chief Minister was found guilty and
 awarded jail term and
  hefty fine. But,
  after a few months, a higher court judge
 called her innocent
  and acquitted
  everyone involved totally. Now, one wonders
 which judge is
  right and which judge
  is wrong. 

 
 While rich
  politicians and cinema actors
 seem to have the last laugh,
  there are
 thousands
  of dharidhranarayanas in India
 who stay in jail for lesser
  crime for
 several
  years without being heard. Are they
 not as much Indians as
  the cinema actor
  driving his car on a pavement dweller and rich
 politician
  indulging in corrupt
  practices ? Are we settling down for this sort
 of democracy
  in India ?

 
  An average common man
  in
 India, millions of whom do not have any political
  affiliation have already
  lost
 faith in the politicians in power and bureaucracy. He
  has been thinking that
  the
 judiciary is ultimate conscience keeper of the country.
  But, when judiciary
  give
 judgements with so much of contradiction between one
  judge and the other
  and
  providing  bail and relief
  to the
 convicted actor and
  politicians with
  great speed and with
   many judges in
 India already having been
  accused of
 corrupt practices in the past, people 

 tend to develop doubts about judiciary

 too.

  Now, what can a
  common man do , if he loses faith in
 politicians in power,
  bureaucrats and
  judges? It is alarming to think about such
 situation and the
  possibilities.
  N.S.Venkataraman

  

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Ashok B Sharma | 20 May 16:39 2015
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Re: [IAC#RG] CHIEF MINISTER LOCKING OUT HIS OFFICER IS ECCENTRICITY

Kejriwal is known for his ECCENTRICITY. He should behave with responsibility and keep up the image of the post he occupies. He should learn to respect the law of the land.

Yes, if he feels the existing laws are bad or otherwise and he should step down and mobilise public opinion. Mahatma Gandhi protested against repressive British laws through peaceful satyagraha

ASHOK B SHARMA
Independent Columnist & Analyst

On Tue, May 19, 2015 at 1:38 PM, R. Dua <r.dua1234-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
This message is eligible for Automatic Cleanup! (r.dua1234-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org) Add cleanup rule | More info

This kind of behaviour pattern by someone in cm's chair can further push the ppl to take law in their hands and using bricks n mortar.
It is most unbecoming and uncalled for in civilian society.

On 19 May 2015 13:29, "Venkatraman Ns" <nsvenkatchennai-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:

To

                                                                    

India Against Corruption


                                             CHIEF MINISTER LOCKING OUT HIS OFFICER IS ECCENTRICITY


It is shocking  that a senior officer of Delhi government was locked out of his room in secretariat. Nobody would believe if Mr. Kejriwal, the Chief Minister would claim later on that he was not aware of this. This is a sort of behaviour that even a school boy would be ashamed of. Obviously, the governance in Delhi is now going for a toss.

If Mr. Kejriwal would want to settle a political score with the Lt. Governor of Delhi or the ruling party in Central government , he can proceed with the  methods that he is known for, but why humiliate a senior officer of his own government, who is not involved in his power games? Obviously, Mr. Kejriwal lacks the knowledge of  fundamental principles of  fair governance  and the wisdom that is expected to be associated with a Chief Minister.

In the past, his quixotic behaviour  like cutting the power connection and later on sitting in dharna as Chief Minister and signing files sitting on the road gave him lot of media attention. Perhaps, he believes that only such behaviour will be liked by the people of Delhi  and as usual media will give him lot of space and therefore, he continues to exhibit such eccentricities. Are Delhi citizens as naïve as he thinks ?


N.S.Venkataraman

twitter : <at> nsvchennai



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Sarbajit Roy | 19 May 17:52 2015
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[IAC#RG] Complaint from "Delhi Dialogue Commission" website

To:
The Secretary
Dept of Administrative Reforms
GoNCTD

cc: Chief Secretary/GoNCTD for information

Re:  File: 12/06/2015/DDC/AR/2283-2452

Sir,

Subject: Grievance
http://www.delhidialoguecommission.in/form/DDC20150519154103-Governance.html

I refer to the gazette notfn. dt. 26 March 2015 under your title
relating to setting up of some kind of ad-hoc public commission styled
as "Delhi Dialogue Commission".

Because I am aggrieved that the appellation "Commission" has been
attached to the plagiarized term "Delhi Dialogue" by Aam Aadmi Party
ministers, I am caused to know from you the specific basis in law or
Rule in the GoNCTD's "Transaction of Business Rules 1993" under which
this Commission has been appointed.

For ready reference, whereas the Union of India's Transaction of
Business Rules 1961 is very specific on appointment and procedures for
the public commissions, commissions of inquiry and ad-hoc commissions,
it appears there are no such enabling clauses for GoNCTD.

You will appreciate that under the 1993 Rules the liability devolves
upon yourself or the Chief Secretary severally for any breach or loss.

The complaint can be accessed at URL
http://www.delhidialoguecommission.in/form/DDC20150519154103-Governance.html

NB:  In case the complaint / grievance is not properly acknowledged
within 5 days, a vigilance complaint is generated against the
concerned department / officer by the undersigned.

sincerely

Sarbajit Roy
http://www.delhidialoguecommission.in
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Sarbajit Roy | 19 May 14:52 2015
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[IAC#RG] Complaint from "Delhi Dialogue Commission" website

Kind Attention: Shri Mangu Singh MD/DMRC

Re: letter no. DMRC/PC&S/2015/0196 dated May 05 2015

Subject   Grievance:
http://www.delhidialoguecommission.in/form/DDC20150519123143-Delhi%20Metro.html

Sir

I would strongly urge you to read the subject highly evasive reply
from your Public Complaints Officer, in reply to my complaint no.33748
of 06 April 2015.

It is shocking that report/s of regular violent physical assaults
committed on detraining passengers at Rajiv Chowk station due to gross
overloading of your rakes and delayed operations are instead
trivialised by DMRC as "suggestion regarding train frequency".

We would therefore recommend the following immediate steps.

1) All "6 coach" rakes on Blue Line be converted to "8 coach" forthwith

2) No. of platform agents at key interchange stations be increased to
16 from the present 8.

sincerely

Sarbajit Roy
http://www.delhidialoguecommission.in

The complaint can be accessed at URL
http://www.delhidialoguecommission.in/form/DDC20150519123143-Delhi%20Metro.html

NB:  In case the complaint / grievance is not properly acknowledged
within 5 days, a vigilance complaint is generated against the
concerned department / officer by the undersigned.
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Sarbajit Roy | 19 May 09:29 2015
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Re: [IAC#RG] Counter-Comments to responses on paper no.2/2005 "OTT services"

To:
1) Shri A. Robert J. Ravi, Advisor <advqos@...>
2) Thomas Varghese, Joint Advisor /TRAI

cc: subscribers to India Against Corruption
cc: Dr. Gulshan Rai / DEITY

Sir

With reference to your email below.

I hereby confirm that I sent a counter-comment on 8 May 2015 as
mentioned in your email under reply.

I further confirm/assert that the "explicit" content was directly
relevant to the subject consultation and formed an integral part of my
submissions. All the "explicit" content has been previously forwarded
formally to the concerned officers of Department of Information
Technology/Govt of India concerning the grossly obscene pornography
being distributed by a foreign OTT provider M/s WIKIMEDIA in India
under so-called ZEROPAID arrangements with some mobile TSPs who are
regulated by TRAI. Accordingly, the "explicit" content I had annexed
was "taken down" from M/s WIKIMEDIA's Indian website after I
complained to various officers.

NB: "ZEROPAID" schemes and walled internet gardens are the subject of
the TRAI's consultation paper on which public comments were
solicited..

I had also previously informed you that the REGISTRANT address for
domains WIKIMEDIA.IN and SAVETHEINTERNET.IN are one and the same.

Accordingly, it is India Against Corruption's position during this
consultation process that the 1 million "spam" responses to this
consultation have originated as a cynical conspiracy by foreign online
gambling, gaming and pornography service providers via foreign
financed lobby groups like "Centre for Internet and Society" -
Bengaluru, who are behind the so-called SAVETHEINTERNET.IN campaign
and in whose name/address the domain SAVETHEINTERNET.IN admittedly
used to send the bulk of email spam responses to TRAI's servers is
registered.

We have also called upon TRAI to prosecute these persons under the law
of the land, as you are duty bound to do. The fact that "Centre for
Internet and Security" receives hundreds of thousands of US dollars
annually from WIKIMEDIA is in all the newspapers in addition to being
posted on their website.
http://cis-india.org/news/wikimedia-foundation-awards-grant-to-cis

India Aqainst Corruption therefore condemns the email communication
under reply received from TRAI that we should censor our pleadings and
delete our evidences with a view to prevent the citizens of India from
knowing the antecedents and motivates of the persons behind the
so-called SAVETHEINTENET.IN campaign.

We hereby also call upon TRAI to PUBLICLY clarify that when any person
could download huge quantities of such "explicit" content free of
charge using ZEROPAID schemes of RCOM, AIRCEL etc over mobile phones
either without paying internet access charges or only some token fixed
charges, how it is the TRAI now hypocritically directs me that IAC's
graphic evidence of such licence breaches cannot be published by TRAI
during formal statutory processes. Such hypocrisy reeks of corruption,
coverup and some pre-determined agenda in TRAI's consultation
processes.

Nonetheless, and without prejudice, we shall be sending our amended
counter-comments within 48 hours, but under very strong protest. Our
evidences shall be sent separately and we strongly urge you to
investigate /inquire / prosecute the perpetrators, as you are duty
bound to do.

sincerely

Sarbajit Roy
India Against Corruption
B-59, Defence Colony,
New Delhi-110 024.

Tel :08010205897

On 5/19/15, A. Robert J. Ravi, Advisor <advqos@...> wrote:
>
> Date: 19-05-2015
>
> To
>
> Mr. Sarbajit  Roy,
>
> India Against Corruption
>
> B-59, Defence Colony,
>
> New Delhi-110 024.
>
>
>
> Subject :        Counter comments of India Against Corruption against
> response to M/s AT&T in Consultation Paper No.2/2015.
>
>
>
> This is to bring to your notice that TRAI has received a comment on above
> cited subject from the email sroy.mb@... on 8th May, 2015 at
12.06 PM.
>  The counter comments, so received, contain explicit content.  Accordingly,
> it has not been uploaded on TRAI’s website.
>
> 2.        You are hereby requested to confirm if the counter comments have
> been sent by you through your email id.  If so, you are given an opportunity
> to modify your comments to remove explicit contents so that it may be
> considered for uploading on TRAI’s website.  Please note that the modified
> content shall be uploaded on TRAI’s website within two working days from the
> date of receipt of modified comments.  In case no comments are received by
> 21st May, 2015, it will be presumed that you have nothing to state in the
> matter.
>
>
>
> (Thomas Varghese)
>
> Joint Advisor
>
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Venkatraman Ns | 18 May 17:16 2015
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[IAC#RG] CHIEF MINISTER LOCKING OUT HIS OFFICER IS ECCENTRICITY


To

                                                                    

India Against Corruption


                                             CHIEF MINISTER LOCKING OUT HIS OFFICER IS ECCENTRICITY


It is shocking  that a senior officer of Delhi government was locked out of his room in secretariat. Nobody would believe if Mr. Kejriwal, the Chief Minister would claim later on that he was not aware of this. This is a sort of behaviour that even a school boy would be ashamed of. Obviously, the governance in Delhi is now going for a toss.

If Mr. Kejriwal would want to settle a political score with the Lt. Governor of Delhi or the ruling party in Central government , he can proceed with the  methods that he is known for, but why humiliate a senior officer of his own government, who is not involved in his power games? Obviously, Mr. Kejriwal lacks the knowledge of  fundamental principles of  fair governance  and the wisdom that is expected to be associated with a Chief Minister.

In the past, his quixotic behaviour  like cutting the power connection and later on sitting in dharna as Chief Minister and signing files sitting on the road gave him lot of media attention. Perhaps, he believes that only such behaviour will be liked by the people of Delhi  and as usual media will give him lot of space and therefore, he continues to exhibit such eccentricities. Are Delhi citizens as naïve as he thinks ?


N.S.Venkataraman

twitter : <at> nsvchennai


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Sarbajit Roy | 14 May 09:30 2015
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[IAC#RG] Improper actions of AAP Govt.in Delhi

Dear IAC subscribers

I am pleased to inform IAC community that after the continual evasions
of AAP's Delhi Govt. Secretariat, including Chief Secretary, the
office of Hon'ble L-G of Delhi has taken cognisance of our complaints
that "WiFi in Delhi" scheme is being carried in a non-transparent,
corrupt and fraudulent matter by a so-called Delhi Dialogue Commission
and with manipulation of transfers of certain officers.

IAC is well cognisant that the term "Delhi Dialogue" was coined and
used during the IAC andolan of 2011-2012, and indisputably precedes
the 2010 phase of IAC andolan,since from at least January 21-22 2009
!!!. As such the term "Delhi Dialogue" is an IPR asset of IAC flowing
from the original Brahmic legacy of Sarojini Naidu,a member of HRA.

We would have had no objection if this term/mark was used strictly for
non-political purposes by anybody in the public interest. However, the
AAP has proceeded/attempted to convert this widely known public mark
into its personal property, strangely to be co-terminus with its
Government, through a dubious GoNCTD notification issued, in name of
the Hon'ble L-G, by an officer who properly should have been sitting
in the UT of Andaman and Nicobar.
It is strange that this so-called AAP "Commission" is not constituted
by any act of legislature to make it a body corporate. Neither is it a
Commission of Inquiry.

Accordingly, IAC has reason to think that the term "commission" as
used by GoNCTD is actually a code word to indicate to vested interests
where to negotiate the bribes to be paid through this irregular body
which is presided over by Shri Arvind Kejriwal.

Accordingly also, in the public interest, IAC had taken formal steps
to register / secure its own interest in the name "Delhi Dialogue
Commission", and as today IAC stands duly registered / licenced with
the Central Government to use the mark "Delhi Dialogue Commission",
and we shall actually be doing so very shortly, and also conveying our
strong protests and objections to the Govt of Delhi asking them to
cease and desist from using our licenced mark, especially for misuse
and annexation of lands and the associated rights in Delhi at the cost
of the poor or deprived peoples like farmers and slum dwellers .

Accordingly also, as an urgent interim measure, the IAC hereby
constitutes a working "Delhi Dialogue Commission" as below with
immediate effect from our list members.

1) Chairperson : Er Sarbajit Roy ;
2) Vice-Chairman : Shri Veeresh Malik ;
3) Member :  Ms. Gita Dewan Verma ;  Expert planner and author "Slumming India"
4) Member :  Mr. Ram  Kumar Atri ; Land rights expert

All positions are honorary and unpaid. No.TA/DA etc. shall be allowed.

Further information shall ensue from this IAC Commission in due
course, including addition / co-opting of members / experts / RWA etc.
to ensure widest possible participation of people of Delhi, especially
slum dwellers, farmers and workers, in having honest and transparent
structured dialogues with the Government of Delhi for their problems /
grievances.

Sarbajit
National Convenor
India Against Corruption, jan andolan
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Sarbajit Roy | 13 May 06:31 2015
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[IAC#RG] IAC position on Land Acquisition Amendment Bill

Dear members

Seeing as how several members are interested in farming / agricultural
matters and have first-hand expertise on the subject, IAC may consider
participation in any  Parliamentary sub/committee public consultation
process on Land Acquisition Amendment Bill, if it happens.

Interested members may email me off-list indicating their interest,
including appearing before the sub/Committee at New Delhi if so
required on behalf of IAC.

Sarbajit
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Venkatraman Ns | 11 May 17:11 2015
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[IAC#RG] WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING

To

India Against Corruption


                                                               WHEN PEOPLE LOSE FAITH IN JUDICIARY , CONSEQUENCES CAN BE ALARMING

After several years of trial in a killing case, an actor was held guilty by the court and jail term awarded. But, he got bail in a few hours  from another judge. After several years of trial in a corruption case, a Chief Minister was found guilty and awarded jail term and hefty fine. But, after a few months, a higher court judge called her innocent and acquitted everyone involved totally. Now, one wonders which judge is right and which judge is wrong.

While rich politicians and cinema actors seem to have the last laugh, there are thousands of dharidhranarayanas in India who stay in jail for lesser crime for several years without being heard. Are they not as much Indians as the cinema actor driving his car on a pavement dweller and rich politician indulging in corrupt practices ? Are we settling down for this sort of democracy in India ?

An average common man in India, millions of whom do not have any political affiliation have already lost faith in the politicians in power and bureaucracy. He has been thinking that the judiciary is ultimate conscience keeper of the country. But, when judiciary give judgements with so much of contradiction between one judge and the other and  providing  bail and relief to the convicted actor and politicians with  great speed and with  many judges in India already having been accused of corrupt practices in the past, people  tend to develop doubts about judiciary too.

Now, what can a common man do , if he loses faith in politicians in power, bureaucrats and judges? It is alarming to think about such situation and the possibilities.


N.S.Venkataraman

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[rti_india] Re: SUPREME COURT IMPOSED ONE LAKH PENALTY ON CHIEF INFORMATION COMMISSIONER AKM NAYAK AND THE SAME IS PAID BY GOVT. ACCOUNT

 

I agree with Shailesh, courts are behaving in rude way with the RTI.
Bhaskar

On Sat, May 9, 2015 at 9:15 AM, shailesh gandhi <shaileshgan-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
It is my belief that in the instant case we should be in agreement with the stand taken by the SIC rather than that of the Supreme Court. By rejoicing every time a Court castigates a Commission for trying to increase the cause of transparency we are becoming party to a gradual weakening of the RTI Act by interpretation. Attaching a paper i have written on the Supreme Court rulings on RTI, and quoting my analysis of the case in reference below:

JUDGMENT 13:   Petition(s) for Special Leave to Appeal (Civil)....../2013 CC 1853/2013; Karnataka Information Commissioner vs. PIO (HC); GS Singhvi & HL Gokhale 18 January 2013;

 

About the case: A RTI applicant requested the Karnataka High Court for certified copies of some information/documents regarding guidelines and rules pertaining to scrutiny and classification of writ petitions and the procedure followed by the Karnataka High Court in respect of Writ Petition Nos.26657 of 2004 and 17935 of 2006. The PIO refused the information on the grounds that the applicant should seek the information under the Karnataka High Court rules. When the matter went to the State Information Commission it disagreed with the PIO and ordered the information to be provided under the RTI Act.

 

The Commission’s order was challenged by the PIO in the Karnataka High Court which named the applicant as a respondent in the case and quashed the Commission’s order.

 

The Commission challenged this order before the Supreme Court and the petition was filed by an Information Commissioner. The Court took offense to the petition being filed by an Information Commissioner and said that the Commission and Commissioner have no locus standi and were wasting public money by challenging the order. In a harsh snub it imposed a cost of Rs. 100000 on the Commission.

 

My analysis of the judgement: It is worth mentioning that the Supreme Court itself had accepted the Chief Information Commissioner (Manipur) as the petitioner in Civil Appeal no. 10727. Many High Courts name the Commission as party in many petitions challenging their decision. The important matter of Section 22 which gives an overriding effect to the RTI Act, was not addressed at all. This harsh snub by the Supreme Court has silenced the Information Commissions into not questioning the Courts, but becoming intellectually subservient to them.

 

ii) Section 22 states that “the provisions of this RTI Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by virtue of any law other than the RTI Act”. In other words, where there is any inconsistency in a law as regards furnishing of information, such law shall be superseded by the RTI Act. Insertion of a non-obstante clause in Section 22 of the RTI Act was to safeguard the citizens’ fundamental right to information from convoluted interpretations of other laws and rules adopted by public authorities to deny information. This section simplifies the process of implementing the right to information both for citizens as well as the PIO. Citizens may seek to enforce their fundamental right to information by invoking the provisions of the RTI Act if they desire to. By its order in the case of the Karnataka Commission, the Supreme Court, without addressing the provision of Section 22, sanctified and legitimized denial of information under Right to Information, if any public authority claims there are any other rules for giving information.  This ruling has neutralised Section 22 of the RTI Act without any proper reasoning or discussion.

Besides it appears to be contrary to the Supreme Court’s pronouncement at para 18 in the CBSE Vs. Aditya Bandopadhyay  case quoted above where it had held, ““Section 22 of RTI Act provides that the provisions of the said Act will have effect, notwithstanding anything inconsistent therewith contained in any other law for the time  in force. Therefore the provisions of the RTI Act will prevail over the provisions of the bye-laws/rules of the examining bodies in regard to examinations.” Surely the rules of the Court cannot be treated differently.


On Fri, May 8, 2015 at 9:19 AM, RUDRAPPA S KUMAR <rudreshtechnology-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org> wrote:
Dear Friends ,

Chief Information commissioner AKM Nayak violated the supreme court order and paid the penalty of Rs. 1 Laksh  imposed  against him from the govt. account 
 For details see the article and the Govt. not initiated  any action against him  to recover the Rupees one Lakh  from his salary and the Govt. fails to take appropriate legal action for mis appopriation of public money and the mater  is brought to the notice of Governor  and demanded to remove him from chief information commissioner post , But neither the govt. nor the governor initiated any action .He is continuing and enjoying the position 


With regards 

A R S KUMAR , BE LLB MA Journalism MA Human Rights 

High Court Advocate & RTI Activist 

Swamy Vivekananda RTI Janajagruthi Mission 

Bangalore 



--
Love
shailesh
All my emails are in Public domain.
Tel: 91 22 26001003; 8976240798
Mera Bharat Mahaan..
                   Nahi Hai,
Per Yeh Dosh Mera Hai.





--
In service of RTI

Bhaskar Prabhu
Convenor
Mahiti Adhikar Manch &
Maharashtra RTI Council
Co-Convenor
National Campaign for People's Right to Information.
Core Member - Police Reforms Watch.
9892102424

"Democracy" is not a spectator sport..!
Participate in "Democracy" to enjoy the sport..!








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