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FIR finally registered in Brazilian NRI cheating case

FIR finally registered in Brazilian NRI cheating case

An FIR No 216 of 2014 under sections 419, 420, 467, 468, 471 IPC has finally been registered on my application in Kakadeo police station, Kanpur about cheating and misappropriation of US$ 30289 (approx 18.25 lakh rupees) from a retired Indian Gauri Shankar Prakash residing in Brazil. The FIR has been registered against Vikram Hans, ex CMD and Praveen Singh present MD of Uttar Pradesh Industrial Consultants Limited (UPICO), Kanpur.

The FIR accuses UPICO of refusing the legitimate claims of Gauri Shankar, who along with Brazilian national Marco Antonio Torres Carvalho worked for UPICO during December 2008 to April 2009 spending their personal money on the official directions of A K Bhatnagar, then CMD, UPICO and swindling the money through forgery in the accounts and the balance sheet.

I had given this application on 20 June and had talked to SHO Kakadeo and SSP Kanpur Nagar who had assured immediate registration of FIR. But instead the application was sent for enquiry after which the FIR has been registered. This is completely contrary to the rules and hence I have written to DGP, UP seeking action against all those responsible for this delay because I am of the strong opinion that registration of each FIR is a legal right and it needs to be done without any discrimination in every case.



http://amitabhandnutan.blogspot.in/2014/08/fir-finally-registered-in-brazilian-nri.html
 


Amitabh Thakur
# 094155-34526


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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
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interim draft rules pertaining to chapter numbers 3, 4 and 8 of sva, 2014 [1 Attachment]

Subject: interim draft rules pertaining to chapter numbers 3, 4 and 8 of sva, 2014

Regional and National (Non-Local) Press Release dated Tuesday, August 05, 2014 
Siddharthanagar, Mysore-570011, Karnataka
Tuesday, August 05, 2014 at 6:21:34 AM
 
Green/Environmental, RTI, Human Rights and Social Activist
NHRC Complainant of Case File No: 287/10/15/2011 on behalf of SVs of Mysore
KSHRC Complainant of Case File No: 5653/TC-69/11 (B3) on behalf of SVs of Mysore
Mentor of and/or Advisor/Adviser to MDSVA since June 2011

To
Whomsoever it may Concern

Sir / Ma'am,

Subject: Creation of Interim Draft rules pertaining to Chapter Numbers 3, 4 and 8 of SVA, 2014 that have been assigned to Mr. Bhaskar Urs, General Secretary, MDSVA during/in the preliminary meeting conducted by the DMA on 22-July-2014 / 22-07-2014 in Bangalore under the Presidentship/Chairpersonship of DMA, GoK.

Reference: 01) Proceedings/Notings of the meeting dated 24-June-2014 / 24-06-2014.
02) Kannada GO No. Na.Aa.E. 81/MLR 2014 (English GO UDD 81/MLR 2014) dated 14-July-2014 / 14-07-2014.
03) Pau/Ni/UPAMU/Raa/Bee/Kaayide/CR.63/2014-15 dated 17-July-2014 / 17-07-2014.
04) Preliminary Meeting conducted under the Presidentship/Chairpersonship of DMA on 22-July-2014 / 22-07-2014 in the Hall/Auditorium of DMA, 9th Floor, Vishveshwaraiah or VV Towers, Bangalore-560 001, Karnataka.

In response to telephonic request (on/in the evening of Sunday, August 03, 2014) from Mr. Bhaskar Urs, GS, MDSVA w.r.t. the above mentioned subject and reference numbers I have painstakingly drafted the following interim draft rules in good faith for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 both in letter and in spirit in my home State of Karnataka.

Also in response to telephonic requests from Mr. Bhaskar Urs, GS, MDSVA I will be accompanying him to the public meeting that is being conducted by  the DMA in Bangalore on the afternoon of Tuesday, August 05, 2014 / 05-August-2014 / 05-08-2014. He will be submitting these Interim Draft Rules to the DMA in Bangalore during the meeting.

I had to painstakingly start creating these interim draft rules from the evening of Sunday, August 03, 2014 at the last minute from a scratch in a hurry as they had to be submitted urgently to the DMA on Tuesday, August 05, 2014. So I was not able to concentrate much on Chapter 03 except for Section 17. These painstakingly created draft rules may / can / could / might be reproduced either in full or in part by any person / individual / association / organization who/which intends / plans / likes to create an awareness among/amongst the street vendors by distributing / circulating handbills / pamphlets / leaflets / brochures either in English or any other language only after proper citation / reference / attribution / acknowledgment by clearly mentioning / citing / attributing / referring / acknowledging the name of the creator/author (Syed Tanveeruddin) of these interim draft rules and not otherwise.

Abbreviations/Acronyms:
01) SVA, 2014: Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014
02) NHRC: National Human Rights Commission http://nhrc.nic.in/
03) KSHRC: Karnataka State Human Rights Commission http://www.kshrc.kar.nic.in/
04) GoI: Government of India
05) GoK: Government of Karnataka
06) GS: General Secretary/Secy, Mysore District Street Vendors' Association (MDSVA)
07) GO: Government Order
08) DMA: Director/Directorate of Municipal Administration, GoK depending upon the context of its usage
09) LA: Local Authority
10) MDSVA: Mysore District Street Vendors' Association (Affiliated to NASVI)
11) NASVI: National Association of Street Vendors of India http://www.nasvinet.org/
12) TVC: Town Vending Committee
13) KTCP Act, 1961: Karnataka Town and Country Planning Act, 1961
14) SV/SVs: Street Vendor / Street Vendors
15) CoV: Certificate of Vending
16) PP: Public Purpose
17) PPA: Public Purpose Area
18) FS: First Schedule / 1st Schedule of the SVA, 2014
19) SS: Second Schedule / 2nd Schedule of the SVA, 2014
20) RP: Registered Post
21) IPC, 1860: Indian Penal Code, 1860 http://districtcourtallahabad.up.nic.in/articles/IPC.pdf
22) KPA, 1963: Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf
23) KTCA, 1960: Karnataka Traffic Control Act, 1960 http://dpal.kar.nic.in/pdf_files/18%20of%201960%20(E).pdf
24) KMCA, 1976: Karnataka Municipal Corporations Act, 1976 http://dpal.kar.nic.in/pdf_files/14%20of%201977%20(E).pdf
25) KMA, 1964: Karnataka Municipalities Act, 1964 http://dpal.kar.nic.in/pdf_files/22%20of%201964%20(E).pdf
26) NPSV, 2004: National Policy on Street Vendors, 2004
27) SVAs: Street Vendors' Associations
28) NPSV, 2009: National Policy on Street Vendors, 2009 http://mhupa.gov.in/policies/StreetPolicy09.pdf
29) UDD: Urban Development Department, GoK http://www.uddkar.gov.in/

Section 4 (Relocation and Rehabilitation) of NPSV, 2004
The Section 4 of the NPSV, 2004 rightly states that SVs are most vulnerable to forced eviction and denial of basic right to livelihood. It causes severe long-term hardship, impoverishment and other damage including loss of dignity. Therefore, no SV should be forcefully evicted. They should be relocated with adequate rehabilitation only where the land is needed for a genuine public purpose of urgent need.

Clause (zb) of the SS as per Section 38 (1) of SVA, 2014 w.r.t. principles of relocation are subject to the following:-
(i) relocation should be avoided as far as possible, unless and until there is clear, genuine and urgent need for the land in question in full/total compliance with Karnataka Town and Country Planning Act, 1961;
(ii) affected vendors or their representatives shall be involved in planning and implementation of the rehabilitation project;
(iii) affected vendors shall be relocated so as to improve their livelihoods and standards of living or at least to restore them, in real terms to pre-evicted levels (TVC shall engage in the dialogues with the representatives of the markets. Mutually agreed spot / location / place for relocation should be considered under the implementation of the rehabilitation project.);
(iv) livelihood opportunities created by new infrastructure development projects shall accommodate the displaced vendors so that they can make use of the livelihood opportunities created by the new infrastructure (SVs should be provided space for vending activities in the areas where malls, metros and buildings are being constructed.);
(v) loss of assets shall be avoided and in case of any loss, it shall be compensated promptly/quickly;
(vi) any transfer of title or other interest in land shall not affect the rights of street vendors on such land, and any relocation consequent upon such a transfer shall be done in accordance with the provisions of this Act;
(vii) state machinery shall take comprehensive measures to check and control the practice of forced evictions;
(viii) natural markets where street vendors have conducted business for over fifty years shall be declared as heritage markets, and the street vendors in such markets shall not be relocated. (The municipal/civic body shall prepare a list of such markets and declare them as "Heritage Markets".);
Citation/Reference: Matter/Rules that I have included above with my slight improvisation in good faith inside the brackets of Sub-clauses (iii), (iv) and (viii) has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after its Executive Committee Meeting that was held on July 18 and 19, 2014.
 
Comparison of similarities of Section 4 of NPSV, 2004 with the Clause (zb) of the SS of the SVA, 
2014
Sl
No
Section 4 of NPSV, 2004
Clause (zb) of the SS as per Section 38 (1) of 
the SVA, 2014
Whether Clauses
and Sub-Clauses
complement /
supplement each
other
1
Clause (a): Eviction should
be avoided wherever feasible
unless there is clear and
urgent public need in/for the
land in question.
Sub-Clause (i): relocation should be avoided as
far as possible, unless and until there is clear,
genuine and urgent need for the land in
question in full/total compliance with
Yes
2
Clause (b): Where relocation
is absolutely necessary,
notice of minimum 30 days
should be served to the
concerned vendors.
 
 
3
Clause (c): Affected vendor's
/ representative's
involvement in planning and
implementation of the
rehabilitation project.
Sub-Clause (ii): affected vendors or their
representatives shall be involved in planning
and implementation of the rehabilitation project;
 
Yes
4
Clause (d): Affected vendors
should be assisted in their
efforts to improve their
livelihoods and standards of
living or at least to restore
them, in real terms to pre-
evicted levels.
Sub-Clause (iii): affected vendors shall be
relocated so as to improve their livelihoods and
standards of living or at least to restore them, in
real terms to pre-evicted levels (TVC shall
engage in the dialogues with the
representatives of the markets. Mutually agreed
spot / location / place for relocation should be
considered under the implementation of the
rehabilitation project.);
Yes
5
 
Sub-Clause (iv): livelihood opportunities created
by new infrastructure development projects
shall accommodate the displaced vendors so
that they can make use of the livelihood
opportunities created by the new infrastructure
(SVs should be provided space for vending
activities in the areas where malls, metros and
buildings are being constructed.);
 
6
Clause (e): Loss of assets
should also be necessarily
compensated.
Sub-Clause (v): loss of assets shall be avoided
and in case of any loss, it shall be compensated
promptly/quickly;
Yes
7
 
Sub-Clause (vi) any transfer of title or other
interest in land shall not affect the rights of 
street vendors on such land, and any relocation
consequent upon such a transfer shall be done
in accordance with the provisions of this Act;
 
8
Clause (f): State machinery
must take comprehensive
measures to check and
control the practice of forced
evictions.
Clause (vii): state machinery shall take
comprehensive measures to check and control
the practice of forced evictions;
Yes

Full/Total Conformity/Compliance with the last para of Section 4 of NPSV, 2004
No hawker/SV should be arbitrarily evicted in the name of 'beautification' / conservation of heritage / cleaning up of the cityspace. The beautification and clean up programmes undertaken by the states or towns should actively, fully/comprehensively, democratically and constructively involve SVs in a positive/constructive way as a part of the beautification and/or clean up programme. Such positive/constructive and democratic involvement/participation of SVs in beautification and/or cleaning up programmes will/would also be in full/total compliance/conformity with the last paragraph of the Section 4 (Relocation and Rehabilitation) of the National Policy on Street Vendors, 2004.

Clause (n) of the SS w.r.t. Public purpose for which a SV may be relocated and the manner of relocating SV
The word commuters and roads in Clause (b) of the FS should be replaced/substituted with the word pedestrians and phrase footpaths and roads respectively. Any agenda/plan for genuine and transparent PP should always be in full/total conformity with the Clauses (a), (b) [amended/modified], (c), (d) and [e] of Section 1 of FS, Clauses (a), (b), (d) and (e) of Section 2 of FS, Section 3 of the FS, Karnataka Town and Country Planning Act, 1961 and Pedestrian Centric Footpath/Pedestrian Norms/Guidelines. Public Purpose should always be finalized with the TVC's consent/recommendation.
The following points should be considered during the finalization of the PP:
(1) SVs should be accommodated/adjusted in the same PPA for vending activities.
(2) During the time of construction/development the SVs maybe accommodated/adjusted in a nearby place temporarily.
(3) After the completion of the PP the same SVs may be given space for vending activities in the same PPA as per (2).
Citation/Reference: Matter/Rules that I have included with slight improvisation in good faith in the Sub-clauses (1), (2) and (3) of Clause (n) of the SS has/have been suggested in general by NASVI at the National Level to its affiliated SVAs (including the MDSVA) after NASVI's Executive Committee Meeting that was held on July 18 and 19, 2014.

Clause (g) of the SS w.r.t. Vending Fees
The vending fees as per Section 17 should be according to the category of the SVs (stationary / mobile) and the status / type / category of the market (natural / weekly / heritage / festival / evening / night bazaar / santhe). It may be different for different cities/towns.

Clause (h) of the SS w.r.t. manner of money collection by TVC
Every TVC should/will compulsorily/mandatorily have a bank account with nationalised (public sector) bank/banks. The SV should/will deposit the money himself/herself into that account along with the full / complete name and registration number of the SV. A half-yearly / yearly public audit of the TVC's account will/would be made public on the website of the civic/municipal body bilingually (in English and State Language).

Clause (o) of the SS w.r.t. the manner of evicting a SV
The TVC should bring in/on its agenda and discuss the issue of eviction of SVs at least 6 months prior to the issuance/issuing of 30 days' notice of relocation/eviction, so that a comprehensive and scientific survey can/could be properly conducted to identify an equally ideal vending site for the SVs in the nearest possible spot / location. The 30 days' notice which will/would be in compliance/conformity with Section 18 (3) [Sub-section (3) of Section 18] should be served via registered post prior to eviction in the full name and full address of the SV with the PIN Code.

Clause (p) of the SS w.r.t the manner of giving notice for eviction of a SV
As per Section 18 (3) [Sub-section (3) of Section 18] a SV should be relocated/evicted by the LA from the place specified in the CoV after the expiry of 30 days from the date of receiving the notice by the SV for the relocation/eviction. Therefore the notice of relocation/eviction should be issued/sent via/by registered post in the full name, full address and PIN Code of the SV who is being/getting relocated/evicted.

Clause (q) of the SS w.r.t. the manner of evicting a street vendor physically on failure to evict
As per section 18(4) [Sub-section (4) of Section 18] a SV shall be relocated or evicted by the local authority physically only after he/she had failed to vacate the place specified in the CoV even after the expiry of the 30 days from the date on which the SV had received the notice by RP. As per Section 18(5) [Sub-section (5) of Section 18] every SV who fails to relocate or vacate the place specified in the CoV after the expiry of the 30 days from the date of receipt/receiving the notice by RP shall be liable to pay for every day of such default a penalty which may extend up to Rs.250/- as may be determined by the TVC but shall not be more than the estimated actual value of goods seized.

Clause (r) of the SS w.r.t. the manner of seizure of goods by the local authority, including preparation and issue of list of goods seized;
If the SV fails to vacate the place specified in the CoV after the expiry of 30 days from the date of having received the notice for his/her relocation/eviction given under Section 18(3) [Sub-section (3) of Section 18] the LA in addition to relocating/evicting the SV under Section 18 may if it deems absolutely necessary seize the goods of such SV. Only the authorized designated person from the local authority should carry out seizure of SV's goods as per Section 19(1) [Sub-section (1) of Section 19]. He/She (authorized person) should promptly prepare a list of goods seized from the SV. He/She should also duly sign and promptly issue a certified copy of the list of seized goods (list of goods seized) to the SV.

Clause (s) of the SS w.r.t. the manner of reclaiming seized goods by the street vendors and the fees for the same;
As per Section 19(2) [Sub-section (2) of Section 19] the SV whose goods have been seized under Section 19(1) [Sub-section (1) of Section 19] may, reclaim his goods and after paying fees. In case of non-perishable goods the LA shall release the goods within two/02 working days of the claim being made by the SV and in case of perishable goods the LA shall release the goods on the same day of the claim being made by the SV. The fees to be paid by the SV for reclaiming the goods should not exceed the fractional/percentage amount of the total goods of the vendor. In case of vending without having/possessing CoV then the charge/fee should not exceed 200/- for reclaiming seized goods depending upon the type/category of the vending activity and type/category of the market.

Section 27 of the SVA, 2014 w.r.t Prevention of harassment by police and other authorities
Notwithstanding anything contained in any other law for the time being in force, no SV who carries on the street vending activities in accordance with the terms and conditions of his/her CoV shall be prevented from exercising such rights by any person or police or any other authority exercising powers under any other law for the time being in force which fully/comprehensively includes without limitation the Indian Penal Code, 1860 (IPC, 1860), Karnataka Police Act, 1963, (KPA, 1963), Karnataka Traffic Control Act, 1960 (KTCA, 1960), Karnataka Municipal Corporations Act, 1976 (KMCA, 1976), Karnataka Municipalities Act, 1964 (KMA, 1964) and any other law / rule / act.

The SVA, Act 2014 is supreme or prevalent over other existing laws / acts in the context of street vending.

The Section 6 (Municipal and Police Laws-Required Interventions) of the NSVP, 2004 rightly states/recommends that the Municipal and Police Laws of the respective states including Karnataka require immediate amendments. This recommendation of the NSVP, 2004 should be implemented in full.

The Section 6.1 of the NSVP, 2004 clearly states that there are certain sections of the State Police Acts and Indian Penal Code (Section 283 IPC and Section 431 IPC) which are the main deterrents to the profession of street vending. These two provisions unfortunately create the contradiction between a legal 'registered' vendor and 'illegal' obstruction or causing nuisance resulting in an unfortunate physical eviction of even registered vendors. In Karnataka some ambiguous Clauses like (c), (d), (g), (h) and Sub-clauses (i) and (ii) of Clause (f) of Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 http://dpal.kar.nic.in/4%20of%201964%20(E).pdf should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".

The Section 6.2 of the NSVP, 2004 rightly recommends that all States should amend the Police Act Rules/Regulations thereunder and add/include a rider as follows: "Except in case of street vendors / hawkers and service providers with certain reasonable regulations".

The Section 6.3 of the NSVP, 2004 rightly recommends that the Central Government should also amend the Section 283 and Section 431 of IPC and include/add the rider as mentioned above.

The Section 6.4 of the NSVP, 2004 rightly recommends that the state governments should also remove the restrictive provisions in the Municipal Acts to make street vendors inclusive in the city plan/ cityscape.

Therefore the Government of Karnataka (GoK) should also implement all the recommendations made in the Sections 6, 6.2 and 6.4 of the NSVP, 2004 for the full and proper implementation of the Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014  both in letter and in spirit.

The Sections 288B (Prohibition of deposit etc., of things in public street) and 288D (Commissioner may without notice remove encroachment) of the KMC Act, 1976 should be amended by adding/including a rider "Except in case of street vendors / hawkers and service providers with certain reasonable regulations". A separate alphanumeric Section 288 (Registration and Certificate of Vending for sale in public place) needs to be included in the KMC Act, 1976.

Suggested Alphanumeric Section 288 of the KMC Act, 1976
Registration and Certificate of Vending for sale in public places.- Except under and in conformity with the terms and provisions of a Certificate of Vending granted by the Municipal/Corporation Commissioner in this behalf in consultation with the Town Vending Committee (TVC), no person shall hawk or expose for sale in any public place or in any public street any article whatsoever whether it be for human consumption or not.

The seemingly relevant clauses and sub-clauses of the Section 92 (Punishment of certain street offences and nuisance) of the Karnataka Police Act, 1963 which are the main deterrents to the profession of street vending have been reproduced below in the last page for reference.

The above mentioned Interim Draft Rules that I have created pertaining to Chapter Numbers 3, 4 and 8 of Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2014 have been sent to all the related / concerned government agencies / bodies / authorities at the Mysore City, Karnataka State and National Level. They have also been sent to NASVI (National Association of Street Vendors of India) for information.

Yours faithfully,
Syed Tanveeruddin, Green/Environmental, RTI, Human Rights and Social Activist, Mysore
(Mentor of and/or Advisor/Adviser to MDSVA since June 2011)
Section 92. Punishment of certain street offences and nuisance.-(1) In any local area to which the Government by notification in the official Gazette from time to time extends this sub-section or any clause thereof, whoever, contrary thereto,-
(c) leaves in any street insufficiently tended or secured any animal or vehicle;
(d) causes obstruction, injury, danger or alarm in any street, or mischief, by any misbehavior, negligence or ill-usage in the driving, management or care of any animal or vehicle, or drives any vehicle or animal laden with timber, poles or other unwieldy articles through a street, contrary to any regulation made in that behalf and published by a competent authority;
(f) (i) causes obstruction in any street by allowing any animal or vehicle which has to be loaded or unloaded or has to take up or set down passengers, to remain or stand therein longer than may be necessary for such purpose; or by leaving any vehicle standing or by fastening any cattle therein, or using any part of a street as a halting place for vehicles or cattle, or by leaving any box, bale, package or other thing whatsoever in or upon a street for an unreasonable length of time;
(ii) or causes obstruction by exposing anything for sale or setting out anything for sale or upon any stall, booth, board, cask, basket or in any other way whatsoever contrary to any regulation made and published by the Commissioner, or a District Magistrate;
(g) causes obstruction on any foot-way, or drives, rides or leaves any animal or drives, drags or pushes any vehicle thereupon;
(h) exhibits, contrary to any regulation made and notified by the Commissioner or a District Magistrate, as the case may be, any mimetic, musical or other performances of a nature to attract crowds or carries or places bulky advertisements, pictures, figures, or emblems in any street whereby an obstruction to passengers or annoyance to the inhabitants may be occasioned; shall be punished with fine which may extend to one hundred rupees, provided that imprisonment in default of payment of such fine shall not exceed eight days notwithstanding anything in section 67 of the Indian Penal Code.
1[(2) (a) The provisions of sub-section (1) or any clause or clauses thereof may be extended by the State Government by notification,—
(i) to such local area as may be specified in such notification; or
(ii) to such local area for such period as may be specified in such notification.
(b) The State Government may at any time rescind any notification issued under sub-clause (i) or sub-clause (ii) of clause (a): Provided that the issue of a notification under this clause shall not preclude the issue of notification from time to time under sub-clause (i) or sub-clause (ii) of clause (a) in respect of the same local area.]1






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Attachment(s) from Syed Tanveeruddin emailindian1-/E1597aS9LQxFYw1CcD5bw@public.gmane.org [bharatudaymission] | View attachments on the web

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Posted by: Syed Tanveeruddin <emailindian1-/E1597aS9LQxFYw1CcD5bw@public.gmane.org>


We have only one passion, the rise of a great Nation.
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Going to Pune in support of RTI martyr Satish Shetty

Dear friends,

RTI actrivist Satish Shetty was murdered in 2010 while fighting single-handedly against a huge corruption. He had registered FIR against big infrastructure firm IRB Infra. The investigation went to CBI.

His family members were in my contact all through. They say that previously CBI said in Bombay HC that this FIR led to his murder and now is closing the murder case. They are telling some grave accusations which can be clarified only after meeting.

Hence going to Pune thru Mumbai to stand by the family. Shall reach Pune at 5-6 PM. I am completely with the RTI martyr's family in this case. Need all ur kind support in this cause of justice

My no shall be  094155-34526

Amitabh Thakur
#094155-34526



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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(unknown)

Friends,

I present an important link from my wife Nutan's blog as regards an alleged incidence of sexual harassment of a woman constable and its present status, for ur kind perusal and reactions, if any



 
Amitabh Thakur
# 094155-34526


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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Nutan's experience before Lucknow Police

Nutan's experience before Lucknow Police

Wife Nutan today got to have a close look she went to the Hazratganj police station to get an FIR of mine registered there.

I along with Ashutosh Pandey have been in touch with a white-collar gang whose members claiming themselves as officers of Insurance Regulatory and Development Board (IRDA) contact persons all over India assuring them of ameliorating their insurance related problems. During this contact, they get money from these people in different ways and also procure important documents like PAN Card, Bank Account number etc, as they attempted with us as well.

We got deep into the matter and obtained the phone numbers, Delhi based address and details of the Lucknow contact of this gang and presented an FIR to Hazratganj police station which was taken there by Nutan.

There the Inspector refused to meet her in name of some meeting and directed her to SI Shyam Chandra Tripathi and Ajay Kumar Dwivedi. These two sub inspector kept Nutan sitting for long and asked many irrelevant questions in the process. When she provided reasonable answers to all these queries and requested to get the FIR registered, they talked with her in a highly derogatory manner as if she was seeking some illegal favour, while she was only asking for a legal right. They straight-away refused to register the FIR. Even her request to receive the application was blatantly refused by them saying that they do not just receive any application brought before them. Even the Hazratganj Inspector did not interfere despite being contacted.

Nutan has written to SSP Lucknow not only to get the FIR registered but also to get the matter enquired and take strong disciplinary action against these sub inspectors as per the enquiry report. Being a social activist who never tries to use her position as wife of a senior IPS officer, Nutan takes such bad episode in right earnest but such events are certainly not good for the police perception.

Two things definitely emerge from this episode-
1. The Police needs to come up with a uniform policy about registering FIRs and shall follow it in each case
2. There is a great need to focus on the behavioral aspect of police because bad behaviour further hurts its already poor public image

Amitabh Thakur
# 094155-34526


 



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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How Modi defeated liberals /secularist [Must Read]

How Modi defeated liberals like me

How Modi defeated liberals like me

Narendra Modi revisited Varanasi pooja performed at the Kashi Vishwanath temple. As a ritual, it echoed the great traditions of a city, as a performance it was riveting. As the event was relayed on TV, people messaged requesting that the event be shown in full, without commentary. Others claimed that this was the first time such a ritual was shown openly.

With Mr. Modi around, the message claimed “We don’t need to be ashamed of our religion. This could not have happened earlier.”

The Left intellectuals and their liberal siblings behaved as a club, snobbish about secularism, treating religion not as a way of life but as a superstition.

The secularist misunderstood religion and by creating a scientific piety, equated the religious with the communal. At one stroke a whole majority became ill at ease within its world views.

The activism of Hindutva groups was treated as sinister but the fundamentalism of other religions was often treated as benign and as a minoritarian privilege. There was a failure of objectivity and fairness and the infelicitous term pseudo-secularism acquired a potency of its own.

While secularism was a modern theory, it was impatient in understanding the processes of being modern. Ours is a society where religion is simultaneously cosmology, ecology, ritual and metaphor. Most of us think and breathe through it.

The majority felt coerced by secular correctness which they saw either as empty or meaningless. Yet, they correctly felt that their syncretism was a better answer than secularism.

--
Thanks & Regards,


Sudhir Srinivasan
B.Arch, MSc.CPM, Dip.ID, Dip.CAD, Dip.PM, Dip.LD
| Architect |
 


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Posted by: Sudhir-Architect <ar_sudhirkumar-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Writing a book on Arvind Kejriwal

Writing a book on Arvind Kejriwal

We are writing a book on Arvind Kejriwal revolving around the man, his personality, his making, his truth, the myths and the realities and the lives and times surrounding him.

Arvind Kejriwal is one of the most unusual things that happened in India in the last many years. An IITian, an IRS officer, a social activist, an anti-corruption crusader, a politician, a Chief Minister, a contender against a PM candidate, all rolled into one, Kejriwal had been there for long but he emerged as a public personality on the national scale like a Dhumketu in 2011 when he teamed up with Anna Hazare and others to bring forth the Anna movement.

Since then Kejriwal has always been in the forefront of national happenings in various ways, through many of his omissions and commissions. There was a time when he was considered a universal hero, with very few detractors. Today, he has his large share of friends and foes, admirers and detractors. There are many who have also started to write him off, while there are others who sincerely believe that his best is yet to come. There are others who also talk about various dark sides associated with him.

All said and done, Kejriwal’s eruption on the national scene and his roller-coaster ride since then has been something out of the fable-tales. Much has been written about him but at the same time, there seems to be further need to study the man, his mission, his thinking, his persona, his work, his accomplishments so far and his possible course of action, in the larger firmament of Indian and global socio-political scenario.

The persona being fascinating, the rise being mesmerizing and the entire set of events being mystical and controversial, we have been equally attracted to the phenomenon called AK by his followers and Kejru, Khujaliwal etc by his detractors, leading to taking a decision to make an endeavour to study the man and his times, not in a superficial manner but through sincere, neutral and deep-sighted perspective.

Hence this attempt to write a book on Kejriwal. We request all those friends who feel attracted towards this topic in any manner and think that they can put in any input about Sri Kejriwal and/or his times- including facts, opinions, their own perspective, personal experience etc, to kindly write to us at amitabhthakurlko-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org or nutanthakurlko-Re5JQEeQqe8AvxtiuMwx3w@public.gmane.org or contact at 094155-34526.

We assure my friends that the book will be completely unbiased to the best of our abilities and would definitely try to delve deep into the man and his related facts. We shall try to present the man as we find him to be, through our thorough research work and not on the basis of what we have so far heard or thought about him. Again we assure that it will be a completely academic book, with no overt or covert political connotations attached to it in any manner.



http://amitabhandnutan.blogspot.in/2014/06/writing-book-on-arvind-kejriwal.html
 

Amitabh Thakur # 094155-34526
Dr Nutan Thakur # 094155-34525



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Info Commission- Issuing contempt notice without being a Court ?

Information Commission- Issuing contempt notice without being a Court ?
 
Many a times we hear about an official authority doing something much beyond his legal authorities which would prima-facie be considered illegal. Police department is generally considered one of the major defaulters in this regards. Recently we saw something in the UP State Information Commission which is again illegal, as per our legal understanding.
 
As far as we know, the Commission is not a court, at max it is a quasi-judicial body. Courts have many such rights as power to review, power of contempt of court etc which these quasi-judicial authorities do not have.
 
The Supreme Court has now settled this issue by saying again and again in its decisions that courts and quasi-judicial authorities cannot be placed on the same legal footing.

Recently the Supreme Court in its review order in Union of India vs Namit Sharma said that
the Information Commission does not  decide  a  dispute  between two or more parties concerning their legal rights other than their right  to get  information  in  possession  of  a  public  authority. This function obviously is  not  a  judicial  function,  but  an  administrative  function conferred by the Act on the Information Commissions.  Information  Commission,  therefore,  while deciding this lis does not really perform a judicial function, but  performs an administrative function in accordance with the  provisions  of  the  Act.
 
Despite this CIC Ranjit Singh Pankaj and other Information Commissions are undertaking contempt proceedings without any legal rights

We came to know of this when we were presented three cases related with RTI activists Mangat Singh Tyagi, who was recently murdered and Ashok Kumar Goyal, recently arrested for allegedly creating ruckus in the Commission, where Sri Pankaj issued notice under section 345 CrPC for alleged offence under section 228 IPC.
 
Section 345 CrPC empowers a Civil, Criminal or Revenue Court to cause the offender of section 228 IPC and other such offences to be detained in custody and may, at any time before the rising of the Court on the same day, take cognizance of the offence and, after giving the offender a reasonable opportunity of showing cause sentence the offender to Rs 200 fine or 1 month imprisonment.  But as stated above, the Information Commission is not a court in any manner, as very clearly stated by the Supreme Court.


Hence the act of initiate contempt proceedings under section 345 CrPC seems to be prima-facie incorrect and hence I with wife Nutan have written to Governor of UP to enquire into our facts and to restrict the Information Commissioners from acting beyond their authority, if these are found correct.
 
Let all public authorities kindly adhere to the laws of the land for avoiding judicial chaos. 

Details of complaint---
 

Amitabh Thakur
# 094155-34526


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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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FB Kidney racket case- a sad experience so far

FB Kidney racket case- a sad experience so far

The application presented by me on 13 May to police station Gomtinagar, Lucknow for registration of FIR in an alleged Kidney racket on Facebook keeps pending till date.

The application had presented facts about my friend Pratik Jain having sent me a Facebook message regarding one Anurag Joshi contacting for sale of kidney at 3.5-4 lakh rupees, which was verified by me on phone with that person about getting around 3 lakhs for my kidney, for which I would have to come to Pune and from there to Iran, providing bank account detail as well.

When no FIR was registered by the police station, I had presented an application to Praveen Kumar, SSP Lucknow on 14 May and had personally met him on 15 May when the SSP had assured registration of FIR by evening. I felt happy of the fact that the SSP had taken the matter seriously and very soon appropriate action would be taken in this sensitive case.

I asked SO Gomtinagar that evening but he said that no such order of the SSP had been received by him. I waited thinking that the police would be busy in the much more important work of counting.

Finally a Sub Inspector from Gomtinagar police station met me on 19 May and gave me a letter from in-charge of Cyber Crime cell, Lucknow asking for the URL and mail id account of Facebook along with their screen-shot, to which I have provided the details available with me.

Thus the matter is moving between Gomtinagar police and cyber cell, Hazratganj and despite SSP’s assurance no FIR has been registered so far in this extremely sensitive case.

I have decided to pursue the matter not through even the minimum use of my official capacity, if any, and I will pursue the matter till its end, because I strongly believe that the present cases of some FIRs being registered immediately and some not being registered, purely in a arbitrary and discretionary manner is complteley incorrect and illegal, as has already been stated by the Supreme Court in Lalita Kumari vs State of UP.

I have written to DGP, UP not only to get the FIR registered but to also take action against the concerned police officers for having failed to do so despite the Supreme Court order of mandatory registration of FIR.

Meanwhile this crucial delay of 9 days in registering FIR and taking up the matter as a challenge must have made a permanent adverse effect on this critical case, which is really sad and disappointing.

Amitabh Thakur
# 094155-34526



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Posted by: Amitabh Thakur <amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org>


We have only one passion, the rise of a great Nation.
www.bharatudaymission.in




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Police means terror, Sarkari Gunda, Taliban, hunter, beggar, Hitler ! [1 Attachment]

Police means terror, Sarkari Gunda, Taliban, hunter, beggar, Hitler !

In the Internet and Facebook survey was conducted by me where I asked you "When you hear the word police what feeling first comes in your mind?" I got around 558 responses. 61 of these people said that the word Police invokes fear in them, while 42 found it synonymous with corrupt/corruption. 25 said that they thought police as Sarkari or Vardi wala Gunda while to 14 it brought terror. 18 people thought the word as synonymous to thief. To 9 persons this word brought bribe in mind, to 5 hafta and to 7 Danda.

Among the other words that came up were oh shit, political stooge, avoid, hunter, extortionist, ruthless, fear mongering gang, symbol of brutality, manipulators, hitech thief, pathetic, tension, long unending procedures, humiliation etc. One quoted model Poonam Pandey, who recently said that Cops were worse than Taliban while to Kamal Shah from Mumbai, it is synonymous with Hitler.

Only 37 of these respondents (around 6%) did not have negative feelings about this word. Out of these 20 felt that the word invokes feeling of safety, security in them while 9 had genuine concern for policemen and their pitiable condition, where 2 of them mentioned Aamir Khan’s Satyameva Jayate for having changed their perception. 7 of them think of khaki when they hear the word police. To another the word is synonymous with Vinod Khanna of Satyamev Jayate

To renowned advocate Shanti Bhushan the word means atrocity on the poor people, to financial journalist Sucheta Dalal it means fear and worry about corruption, to Arun Bharat Ram, Chairman of SRF Limited it means Incompetence, to Supreme Court senior advocate Shishir Kumar Dholakia it means fear and to Pushkar Raj, former General Secretary, PUCL it means a smug, not well dressed, overworked person.

Interestingly even to DG rank IPS officers Praveen Singh and Vijay Kumar, this word correlated with dishonesty and ill-behaviour.

Indians living in America and Europe seem to have better perception of police there feeling safety and help etc. One of the respondents said that police is still honest compared to other departments while another felt that the word Police brings to his mind the need for reforms.

Here is the complete compilation of the survey responses---

Amitabh and Nutan's World: Compilation of Survey Resul...
COMPILATION OF THE SURVEY RESULT Q- "Whenever you hear the word "police" what feeling first comes into your mind?" "जब आप पुलिस शब्द सुनते हैं तो आप...
Preview by Yahoo

Thanks a lot for participating in the survey, dear friends.

Amitabh Thakur
Lucknow
# 094155-34526



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Attachment(s) from Amitabh Thakur amitabhth-/E1597aS9LQAvxtiuMwx3w@public.gmane.org [bharatudaymission] | View attachments on the web

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We have only one passion, the rise of a great Nation.
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Kidney racket on FB case- further action

Kidney racket on FB case- further action

 I today presented an application to SSP Lucknow for registration of FIR
 in an alleged Kidney racket which said that yesterday I had presented 
an FIR to police station Gomti Nagar about my friend Pratik jain having 
sent me a Facebook message regarding one Anurag Jishi contacting for 
alleged sale of kidney at about 3.5-4 lakh rupees. I had also talked to 
that person on phone to be told that I 
would get around 3 lakhs for his kidney, for which I would have to come 
to Pune and from there to Iran, the entire expense borne by this group.

 Based on these facts, I had sought under sections 270, 336, 403, 413, 
414, 420, 467, 468, 511 IPC along with section 19 Transplantation of 
Human Organs Act 1994. But no FIR had been registered so far for whose 
registration I have prayed in this extremely sensitive case.

 I 
also presented two examples, including the Kidney case, to DGP, UP 
illustrating that FIRs not being registered  even in such very sensitive
 cases is a matter of concern, and prayed to get these cases enquired 
and to devise a definite policy for fixing responsibility in all cases 
where the SO refused to register the FIR immediately against the Supreme
 Court order of mandatory registration of FIR.
Amitabh Thakur# 094155-34526

------------------------------------

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