Comment

Comment by Daljit Singh Luthra on September 8, 2010 at 8:19pm

sir my commitment I am always with u. Daljit Singh Luthra. C.E.O Manav sewa charitable society. (Regd) all India

Comment by Yogesh Saxena on August 7, 2010 at 7:06pm

THE PATH TO PERSONAL FREEDOM IS VIRTUALLY IMPOSSIBLE FOR MOST OF THE PEOPLE.

THE ONLY DEFERENCE BETWEEN A RICH PERSON AND A POOR PERSON IS WHAT THEY DO IN THEIR SPARE TIME.
THE REALITY IS, INVESTING IS CAPITAL AND KNOWLEDGE INTENSIVE.
SOME TIME IT TAKES A LOTS OF CAPITAL AND TIME TO GAIN THAT KNOWLEDGE.
IF YOU LACK BOTH KNOWLEDGE AND CAPITAL, IT IS A FINANCIAL SUICIDE TO TRY TO CRAVE AS AN INVESTOR.

IT DOES NOT ALWAYS LIKE MONEY TO MAKE MONEY.

WE LEARN THE MOST ABOUT OURSELVES, WHEN WE FAIL.
SO DO NOT BE AFRAID OF FAILING.
FAILING IS THE PART OF THE PROCESS OF SUCCESS.
YOU CANNOT HAVE SUCCESS WITHOUT FAILURE.
SO UNSUCCESSFUL PEOPLE ARE THOSE PEOPLE WHO NEVER FAIL.
A MENTOR IS SOMEONE WHO HAS ALREADY DONE WHAT YOU WANT TO DO AND IS SUCCESSFUL AT DOING IT.
AN ADVISER IS SOMEONE WHO TELLS YOU HOW TO DO IT, BUT HAS NOT PERSONALLY DONE IT.
BE CAREFUL OF THE ADVICE YOU TAKE.
WHILE YOU MUST KEEP YOUR MIND OPEN, ALWAYS BE FIRST AWARE OF WHICH QUADRANT THE ADVISE IS COMING FROM.
THE KEY IS NOT SO MUCH THE PRODUCT BUT THE EDUCATION THE ORGANIZATION OFFERS.
ONE NEED TO OVERCOME HIS FEAR OF BEING REJECTED.
THE MOST IMPORTANT KEYS OF SUCCESS, A LONG TERM COMMITMENT ON YOUR PART, AS WELL AS THE ORGANIZATION PART TO MOLD YOU INTO THE BUSINESS LEADER.
YOU WANT TO BECOME.
THEY EITHER SPEND EVERY MONEY THEY MAKE OR SPEND MORE THEN THEY MAKE.
THE CYNIC ARE DANGEROUS TO HAVE AROUND.
OFTEN THEY SOUND INTELLIGENT, SPEAK WITH AUTHORITY, ARE SUCCESSFUL IN THEIR CHOSEN FIELD.

BUT ARE REALLY COWARDS UNDER THEIR “INTELLECTUAL EXTERIOR”.

THE WORST PART OF CYNIC IS THAT THEY INFLICT THE PEOPLE AROUND THEM WITH THEIR DEEP FEAR, DISGUISED AS INTELLIGENCE.
A CYNIC FINDS IT EASY TO DISCOVER WHAT IS WRONG.
IT THEIR WAY OF PROTECTING THEMSELVES FROM REVEALING THEIR LACK OF KNOWLEDGE OR LACK OF COURAGE.

PSYCHIATRISTS REPORT THAT CYNICISM IS THE COMBINATION OF THE FEAR AND IGNORANCE, WHICH IN TURN CAUSES ARROGANCE.

Comment by Yogesh Saxena on August 7, 2010 at 7:06pm

Justice is a virtue, which transcends all barriers in the way of administration of justice. This is the acknowledged position of law that no party can be forced to suffer for the inaction or omission on the part of law enforcement agencies and whosoever he may be strong. Every decision will be passed according to the procedure established by law. Thus the law has to bend before justice. No court can restore the broken heart of the justice and he should provide such protection, which is necessary for them like dutiful parents. The decision may not be repugnant to the normal concept and the basic unit of the society may not be allowed to be influenced by immorality. Thus the ultimate responsibility is by enunciating the foundation of a system on which administration of justice may get the public confidence in our judicial system.
The just and social duty is cast upon the legal profession. This is possible by the conduct and action of the people associated with legal profession by obliterating the inequalities as uneducated and exploited mass of the people may get a helping hand. What is legally due is to serve the duty and it is not worthwhile for an Advocate to become the spokesman of the litigant irrespective of the fact whether his cause is meant for sponsoring the justice to the society at large. The conduct anticipated in this manner is befitting from his status by upholding the high and honorable profession. There are the high expectations from, and advocate, which is fair, reasonable and according to law.

There is the gradual decay of the above noted standard and the participation in the legal process, which should have been conducted completely flawlessly, and foolproof, they are picking out the lapses by expressing unsavory criticism. The consistency is now been considered as no virtue and the obligation of judicial conscience, which was meant to correct the error is manifesting like uncontrolled epidemic. This is the reason why the legal profession is not been accepted as a noble profession. The proceedings are dependent upon the remedies available under the law. Every act of statutory body which must have been exercised by keeping the purpose and objective meant for enshrine the statutory power with the authority should have been exercised by keeping the object of such power which is meant by the statute and not with other extraneous consideration, otherwise the fraud will be perpetuated and the faith and belief shall not be subjected to any judicial scrutiny. Thus an accountability is must whenever as wrong is corrected. Some time in such matter of adjudicating without any valid cause, the court unwittingly becomes party to the miscarriage of justice. The judiciary is an ultimate interpreter of the constitution, which is assigned with a duty of the delicate task ensuring that the action of the authorities vested with the statutory power may not breach or transgress its limit. It is distressing that an unscrupulous litigant in order to circumvent the due administration of justice of the court seldom found by adopting a dubious recourse of ingenious methods. These includes the filing of fraudulent litigation to defeat the right of the other person and such tendency deserves to be curbed out by passing the appropriate orders to provide a check upon such unhealthy practice and also by issuing necessary directions including imposition of exemplary cost. This is required for strengthening the belief of the common man in the institution of the judiciary. Creation of such faith may result in reaching the excellence in the profession.

The credibility of the judicial institution is founded upon the faith of the common man in its proper functioning. The faith would be eroded and the confidence destroyed if the officials deployed with statutory duties may start acting subjectively and not objectively. Society expects honesty and integrity and thus the official must be taught to act fairly, unbiased and impartially. The purpose of the court is to see that the society does not loose confidence and as such the court itself may not consider themselves that they are above the law. In appropriate cases even the court may find to pull down the shutters of adjudicatory jurisdiction before a party if his conduct is not subjected to be entertained against the so called grievances which is not genuine. The exercise of judicial discretion is founded on the well recognized principles established by law . The menace of frivolous litigation may not be permitted to be hidden under the rigmarole of legal technicalities. The realities of the life have to be kept in mind while appreciating the evidence. The court is not oblige to make efforts to
protect the guilty of polluting society and man kind. Thus in exercise of the constitutional power of the High court, the endeavor should have not been given for impairing the cause of justice by the court itself. The legal profession of an advocate is certainly having certain professional obligation, which are distinguishing from the business commitments. Thus if the court may not participate in the activities of providing justice at large, it is not permissible to get the injustice permitted by it by entertaining the frivolous litigation and to make them burden some to a common people.

Rectification of an order thus stems from the fundamental principles that justice is above all. It is exercised to remove the error and not for disturbing finality. Neither the rules of procedure nor technicalities of law can stand in its way. The order of the court should not be prejudicial to anyone. Rule of stare decisis is adhered for consistency but it is not as inflexible in administrative law as in public law. Even the law bends before justice. Entire concept of writ jurisdiction exercised by the higher courts is founded on equity and fairness. If the court finds that the order was passed under a mistake and it would not have exercised the jurisdiction. The erroneous assumption that in fact did not exist and its perpetration shall result in miscarriage of justice then it cannot on any principle be precluded from rectifying the error. Mistake is accepted as valid to recall an order.

The foundation of the judiciary is the trust and the confidence of the people in its ability to deliver fearless and impartial justice and as such no action can be permitted which may shake the very foundation itself. The rule of law is the foundation of a democratic society. The judiciary is the guardian of the rule of law and if the judiciary is to perform its duties and functions effectively and remain true to the spirit with which it is sacredly entrusted, the dignity and authority of the courts has to be respected and protected at all costs.

Justice is supreme and justice ought to be beneficial for the society so that the society is placed in a better-off situation. Law courts exist for the society and ought to rise up to the occasion to do the needful in the matter, and as such ought to act in a manner so as to sub serve the basic requirement of the society. It is a requirement of the society and the law must respond to its need. Judicial discretion cannot be guided by expediency. Courts are not free from statutory fetters. Justice is to be rendered in accordance with law. Judges are not entitled to exercise discretion wearing the robes of judicial discretion and pass orders based solely on their personal predilections and peculiar dispositions. Judicial discretion wherever it is required to be exercised has to be in accordance with law and set legal principles. Judicial function cannot and should not be permitted to be stonewalled by browbeating or bullying methodology, whether it is by litigants or by counsel. Judicial process must run its even course unbridled by any boycott call of the Bar, or tactics of filibuster adopted by any member thereof.

Justice means justice between both the parties. The interests of justice equally demand that the guilty should be punished and that technicalities and irregularities that do not occasion failure of justice are not allowed defeating the ends of justice. Principles of natural justice are but the means to achieve the ends of justice. They can not be perverted to achieve the very opposite end. That would be a counter-productive exercise. Law is a living organism and its utility depends on its vitality and ability to serve as sustaining pillar of society. Contours of law in an evolving society must constantly keep changing as civilization and culture advances. The customs and mores must undergo change with the march of time. Justice to the individual is one of the highest interests of the democratic State. Judiciary can not protect the interests of the common man unless it would redefine the protections of the constitution and the common law. If law is to adapt itself to the needs of the changing society, it must be
flexible and adaptable. Law is a social engineering and an instrument of social change evolved by a gradual and continuous process. History and customs, utility and the accepted standards of right conduct are the dorms which singly or is combination shall be the progress of law. Law is the manifestation of principles of justice, equity and good conscience. Rule of law should establish a uniform pattern for harmonious existence in a society where every individual would exercise his rights to his best advantage to achieve excellence, subject to protective discrimination. The best advantage of one person could be the worst disadvantage to another. Law steps ion to iron out such creases and ensures equality of protection to individuals as well as group liberties. Man’s status is a creature of substantive as well as procedural law to which legal incidents would attach. Justice, equality and fraternity are trinity for social and economic equality.
Law is the foundation on which the potential of the society stands. Law is an instrument for social change as also defender for social change.

The power of judicial review of the executive and legislative action must be kept within the bounds of constitutional scheme. There may not be any occasion to entertain misgivings about the role of judiciary in outstripping its limit by unwarranted judicial activism being very often talked of in these days. The democratic set-up to which the policy is so deeply committed cannot function properly unless each of the three organs appreciate the need for mutual respect and supremacy in their respective fields. When the misuse is within tolerable limits, no uproar is heard, no media publication is seen. But when the magnitude of misuse assumes a menacing proportion, outburst of various types becomes noticeable and then a scam surfaces.

A lawyer owes a duty to be fair to his client, but also to the court as well as to the opposite party in the conduct of the case. Administration of justice is a stream, which has to be kept pure and clean. It has to be kept unpolluted. Administration of justice is not something, which concerns the Bench only. It concerns the Bar as well. The Bar is the principal ground for recruiting Judges. No one should be able to raise a finger about the conduct of a lawyer. While conducting the case he functions as an officer of the court.

The legal profession is a solemn and serious occupation. It is a noble calling and all those who belong to it are its honourable members. Although the entry to the profession can be had by acquiring merely the qualification of technical competence, the honour as a professional has to be maintained by its members by their exemplary conduct both in and outside the court. The legal profession is different from other profession in that what the lawyers do, affects not only an individual, but the administration of justice which is the foundation of the civilized society. Both as a leading member of the intelligentsia of the society and as a responsible citizen, the lawyer has to conduct himself as a model for others both in his professional and in his private and public life. The society has a right to expect of him such ideal behavior”….If the profession is to survive, the judicial system has to be vitalized. No service will be too small in making the system efficient, effective and credible”.

It is fundamental that if rule of law is to have any meaning and content, the authority of the court or a statutory authority and the confidence of the public in them should not be allowed to be shaken, diluted or undermined. The courts of justice and all tribunals exercising judicial functions from the highest to the lowest are by their
constitution entrusted with functions directly connected with the administration of justice. It is that expectation and confidence of all those, who have or are likely to have business in that court or tribunal, which should be maintained so that the court/tribunal perform all their functions on a higher level of rectitude without fear or favour, affection or ill-will.

The Judges are participants in the living stream of national life, steering the law between the dangers of rigidity on the one and formlessness on the other hand in the seemless web of life. The great tides and currents which engulf the rest of the men do not turn aside in their course and pass the judges idly by law should sub serve social purpose. Judge must be a jurist endowed with the legislator’s wisdom, historian’s search for truth, prophet’s vision, capacity to respond to the needs of the present, resilience to cope with the demands of the future and to decide objectively disengaging himself/herself from every personal influence or predilections. Therefore, the judges should adopt purposive interpretation of the dynamic concepts of the constitution and the Act with its interpretative armory to articulate the felt necessities of the time. The judge must also bear in mind that social legislation is not a document for fastidious dialects but a means of ordering the life of the people. To construe law one must enter into its spirit, its setting and history. Law should be capable of expanding freedom of the people and the legal order can, weighed with utmost equal care, be made to provide the underpinning of the highly inequitable social order. The power of judicial review must, therefore, be exercised with insight into social values to supplement the changing social needs.

The Judge can not retain his earlier passive judicial role when he administers the law under the Constitution to give effect to the constitutional ideals. The extraordinary complexity of modern litigation requires him not merely to declare the rights to citizens but also to mould the relief warranted under given facts and circumstances and often command the executive and other agencies to enforce and give effect to the order, writ or direction or prohibit them to do unconstitutional acts. In this ongoing complex of adjudicatory process, the role of the judge is not merely to interpret the law but also to lay new norms of law and to mould the law to suit the changing social and economic scenario to make the ideals enshrined in the Constitution meaningful and a reality…. The society demands active judicial roles, which formerly were considered exceptional but now a routine. The Judge must act independently, if he is to perform the functions as expected of him and he must feel secure that such action of his will not lead to his own downfall”.

Comment by Yogesh Saxena on August 7, 2010 at 7:06pm

INTERNATIONAL OPEN POETRY CONTEST

SEMI-FINALIST- “SUN FLOWER”, “LIFE STRUGGLE”, “ JOURNEY OF LIFE “
WRITTEN BY YOGESH SAXENA
TO BE ENTERED INTO FINAL COMPETITION


INFORMATION SEND TO THE PUBLICATION IN BOOK
“THE SILENCE WITHEN” REGARDING POEM AND WRITER

PORTRAIL IN VERSE
This poem, ”SUN FLOWER” commemorates someone,
who was very important in my life; my mother. Her courage and strength
have been inspirational tome, and this verse is my way of immortalizing
her and sharing her life with the world. Life is a three dimensional present;
the present as we experience it, the past as a present memory and the
future as a present expectation. The other side of the picture is not visualized
from the out side.
THE MEANING POETRY HAS IN MY LIFE
In alternative (meaning of the poetry)
The poem is like a guiding light in life, a reminder that come what may
everything is right, The precious advice, right guidance and foresightedness,
encourages through thick and thin moments of life. The stimulating pats on
the back, even the harshness at times all only add to inspire , making a
trust completely as a lifelong companion, who grows special with each
passing year.
MY LIFE, FAIMLY, OCCUPATION AND HOBBIES

My Life is a struggle. An urge may lead to a big surge. The prevailing
maladies generated in social-political-economical crisis with farmers in Nation which I have visualized after the sudden departure of my father at the age of 19 years in 1971, has provided me an opportunity to know the truth behind the surface. The real tragedy is to lift up the voice amongst the living being and meet with no response, neither approval, nor opposition from the public. They are stranded in a boundless desert completely at loss. An Iron cage having no window and the inmates living inside are in a sound sleep. The cage is virtually indestructible. By raising a shout, a few lighter sleeper may wake to feel the agony of death. Whether by raising voice, we are doing them a good turn ?.
Visualizing the limitation, the writer of the poem joined legal profession in 1974 as Advocate and started practicing at Allahabad High Court, the biggest High Court of world. The writer has one brother, now a Doctor, a prominent Orthopedic Surgeon at Agra and a sister being left after the sad demise of father. The writer has written about 100 Poems and more than 100 articles published in Newspapers. He has scientific analysis with legal acumenship being the graduate in Science and Law. He commands a respect from Court and his colleagues at High Court Allahabad at present. The hobby to become a writer, has now been accomplished. The recognition by selecting his Poem in the semi finalist selection in International Open Poetry Contest. “The Silence Within” proposed to be published in The International Library of Poetry is now a much awaited book for him. This is a valued personal gift to him and to his wife, Rekha and children namely Deepika and Anuj.
There is an iron cage, not having any ventilation and people are living in the state of suffocation, virtually on the verge of their death point. There is a complete apathy of the custodian of the power towards their welfare and in our country "We, the people " who are regarded to be the sovereign of the nation are living a life full of abrogation and subjugation. I seldom consider that whether it is worthwhile to shout a voice and thereby invite some lighter sleeper to suffer the agony of the death and this purpose achieved through my writing may serve some purpose. Since the daylight shallow the darkness, I have written articles to take the intellectual from apathetically approach towards rectification of prevailing maladies as to wake up. I am sending herewith my some articles for being displayed by your good self.

In my childhood, my teacher taught it to me in the classroom that “What ever you do; Do with your might; that is the way to be healthy, wealthy, and
wise”. Subsequently, there after my father told me just few months before his death when I completed my 18 years of age that “Thou thy path be dark as sky; There is a star, thy path to guide, So trust in god and do the right “.
By the gradual process of up and downs in my life, I could have been able to learn through my experiences that what we may be able to get through the grace of god are not the scattered love, nor the success and wealth but the knowledge. Thus I have started worshipping the almighty with the following prayer. O, gods to thee I pray increase my knowledge day by day. It is only now after attending the respectful command amongst the members of the Bar and Bench that I have started thinking that all these notions in my life are based on the correct foundations. This is my firm determination that what ever I may be able to achieve in my life that will be dependent on the out come of my efforts on these guidelines and none else. Notwithstanding, there are the fluctuations in the formation of these notions, which provides me a sense of mental agony, frustration and disappointments in life. There is the profound bleeding at my heart on the psychologically region which seldom gives me an effect of chafing of the wound before it can be healed. This is the painful reminder of the lost empire, which was built on solid foundation. It is gradually obliterating.
The plights of such advocates are remarkable in respect to their struggle, which have nobody to support them. These advocates are put to the disadvantageous position in their struggle for existence. They are not having the shelter to protect their head nor any guardian to guide them. There is no sympathy with these advocates, who have settled from outsides. Since, the adversities are the touchstone of brave mind, they keep on doing the struggle and by the passage of time, they may enjoy a respectable position at Bar. The crucial conditions are still having their predominating conditions in the legal profession. This is on account of their non- adaptability in the profession by such fundamentalist elements, which provide the top priorities to the conservative approach instead of liberal out look towards them. There is the negligent proportionate of representations in the elevation prospects as the members of the Bench. The names are recommended on the advises of the senior judges. Thus the predominating factors in the orthodox Indian society are seen on floor of choice. The unfortunate newcomer from the outside, who have the better experiences towards the problems of life, are put to the disadvantageous situation in the matter of their selection. This is the hard reality of the day after the changes in the selection procedure by the judgement of the Apex court. This is the cause of the resentment of the large members of Bar Association.

Comment by Yogesh Saxena on August 7, 2010 at 7:05pm

With a massage to all concerned and having an expectation to act upon through introspection

“what you are is god’s gift you,
What you become is your gift to god”.
“the route you take depends on the decision you make”.
Therefore always think:-
Is it the truth?
Is it fair to all concerned?
Will it build goodwill and better friendship?
Will it be beneficial to all concerned?
You say that our laws are too old.
You say that the municipality does not pick up the garbage.
You say that the phones don't work,
The railways are a joke,
The airline is the worst in the world.
Mails never reach.
You say that our country has been fed to the dogs
And is the absolute pits.
You say, say and say.
What do you do about it?
Take a person on his way to singapore.
Give him a name - yours.
Give him face - yours
you walk out of sahara airport and you are at your international best.
In singapore you don't throw cigarette butts on the roads or eat in the stores.
You are as proud of their underground links as they are.
You pay $5(approx. Rs.220) to drive through orchard road
(equivalent of mahim causeway or peddler road) between 5 pm and 8 pm.
You comeback to the parking lot to punch your parking ticket
If you have overstayed in a restaurant or a shopping mall irrespective of your status &identity.
In singapore you don't say anything.
You do.
In dubai you wouldn't dare to eat in public during ramzan.
In jeddah you would not dare to go out without your head covered.
In london you would not dare to buy an employee of the telephone exchange at 10 pounds
(rs.300) a month to,
"see to it that my std and isd calls
are billed to someone else."
In washington you would not dare to speed and then tell the traffic cop,
Jaanta hai sala main kaun hoon. I am so and so' s son.
Take your two bucks and get lost. "on the beaches of australia and
new zealand you wouldn't chuck an empty coconut shell anywhere other
than the garbage pail.
Why do not you spit paan on the streets of tokyo?
Why don't you buy up the police as well as the secret police to hush up a rape, murder or crime in munich?
Why are you giving sincerely written
and driving test after getting international driving license in usa?
Why don't you use examination jockeys or buy fake certificates in boston?
We are still talking of the same you.
You who can respect and confirm to
a foreign system in other countries but cannot in your own.
You who will throw papers and cigarettes on the road the moment you touch indian ground.
If you an be an involved and appreciative citizen in an alien country why can not you be the same here in india. Once in an interview,
The famous ex-municipal commissioner of bombay mr. Tinaikar had a point to make.
"rich people's dogs are walked on the streets to leave their affluent droppings all over the place,
" he said. "and then the same people turn around to
criticise and blame the authorities for inefficiency and dirty pavements.
What do they expect the officers to do?
Go down with a broom every time their dog
feels the pressure in his bowels?
In america every dog owner has to clean up after his pet has done the job.
Same in japan. Will the indian citizen do that here?"
He's right. We go to the polls to choose a government and after that forfeit all responsibility.
We sit back wanting to be pampered and
expect the government to do everything for us whilst our contribution is totally negative.
We expect the government to clean up but we are
not going to stop chucking garbage all over the place nor are we going to stoop to pick up a stray piece of paper and throw it in the bin.
We expect the railways to provide clean bathrooms but we are not going to learn the proper use of bathrooms.
We want indian airlines and air india to provide the best of food and toiletries
But we are not going to stop pilfering at the least opportunity.
This applies even to the staff who is known not to pass on the service to the public when it comes to burning social issues like.
Those related to women, dowry, girl child, we make loud drawing room protestations and continue to do the reverse at home. Our excuse?
"it's the whole system that has to change, how will it matter if i alone forego my sons' rights to a dowry."
So who's going to change the system?
What does a system consist of?
Very conveniently for us it consists of our neighbours, other households, other cities, other communities and the government.
But definitely not me and you.
When it comes to us actually making a positive contribution to the system we lock ourselves along with our families into a safe cocoon and look into the distance at countries far away and wait for a mr. Clean to come along & work miracles for us with a majestic sweep of his hand.
Or we leave the country and run away.
Like lazy cowards hounded by our fears we run to america to bask in their glory and praise their system.
When new york becomes insecure we run to england. When england experiences unemployment, we take the next flight out to the gulf.
When the gulf is war struck, we demand to be rescued and brought home by the indian government.
After a six - month holiday during which derogatory comments about india and indians are made and
sheepishly accepted, we are ready to leave for australia because their old age benefits and pension schemes are very lucrative.
Bribery, tax evasion, unlicensed business, unethical practices, etc. Has not reached the same dimensions anywhere as it has in india, thanks to each citizens sense of involvement with the country.
Everybody is out to abuse and rape the country.
Nobody thinks of feeding the system.
Our conscience is mortgaged to money.
Dear all, the article is highly thought inductive, calls for a great deal of introspection and pricks one's conscience too....

I am echoing j. F .kennedy's words to his fellow americans.........
"ask what you can do for america and not what america can do for you"
Why can't we say
"ask what we can do for our india and not
what india can do for us"

Lets do it.