Comment

Comment by Yogesh Saxena on March 2, 2011 at 12:07am

THE ALLAHABAD  High  Court  has directed the counsel for the High Court  to produce the report of a committee, comprising three judges of this court, which made a recommendation to the Collegium to appoint  Dr. Justice Satish Chandra as a judge of the court .

                A division bench of the court issued this directive while hearing a writ petition challenging the appointment of Dr. Justice Chandra as a judge of the High Court.

                The bench passed  this order, when the counsel for the High Court informed it that the High Court had declined  to produce the committee’s  report for perusal of the bench even in a sealed cover, despite the understanding that the report would not be made public.

                The  division bench , comprising  Justice Sushil Harkauli and Justice Vikram Nath, while  taking a serious note of this refusal, observed,” We are unable to  comprehend any plausible reasons for this unusual  stand taken by the High Court. Therefore , having regard to the need to maintain public confidence in this institution, particularly in the present times, we have little option except to pass this order, directing that the report be produced before this court on September 25, 2008.

                The court made it clear that if the High Court proposes to  claim privilege or  raise any other objection to the production of the report, it will be open to the High Court  to do so, but in writing by way of an application. If such an application is moved on or before September 25, it will not be necessary for the High Court  to produce the committee’s report unless those objections are heard and disposed of , the court  further said.

                Earlier, during the course of the hearing, the court had on September 10, directed that  the record of the collegium proceedings relating to the recommendation regarding Justice Dr. Chandra’s elevation as  a judge of this court be produced before the court in a sealed cover for the court’s perusal.

                The collegium , consists of the Chief Justice and two senior most judges, who recommend the names of persons to be appointed as judges of the High Court.

                On September 12, the collegium proceedings were  produced before the court. A perusal of the recommendation made by the collegium indicated that the recommendation of the persons proposed to be elevated from ‘service’, including Dr. Justice Satish Chandra, was made by the collegium on the recommendation of  a committee of three judges.

                On this, the court directed that the report of the three judge committee be produced before the court in a sealed cover.

                However,  when on September 17, the counsel for the High Court said the High Court had declined to produce the committee’s report, the court passed the present order.

                High Lawyer M.C. Gupta, through Senior Advocate Ravi Kiran Jain, has challenged the appointment of Dr. Justice Satish Chandra as judge of this High Court on the ground that he lacked essential qualifications for the appointment, as well as lack of effective consultation between  the  constitutional functionaries  whose consultation is mandatory under Article 217 of the Constitution  of India.

                According to the petitioner, Dr. Justice Chandra  does not have ten years’  of legal practice, nor is he a member of judicial services, which are essential for being appointed as a judge of the High Court.

Comment by Yogesh Saxena on March 1, 2011 at 6:06pm

1.                                 Ms.Sonia Gandhi may well turn out to be India’s Fujimori, the Peruvian Leader of Japanese descent. It is now known that Fujimori has been secretly maintaining and hiding his Japanese citizenship while claiming to be a natural born Peruvian national. The wrath of the people of Peru came to visit upon Fujimori when his corrupt activities came to be unraveled, so he bolted back to Japan with his loot intact and then revealed that he had been all  along a born Japanese citizen, and thus immune from extradition to Peru. Ms. Sonia Gandhi has like Fujimori in Peru a long history of committing fraud on the public. Ms. Sonia Gandhi shares Fujimori’s mendacity as well. For, example, in the Lok Sabha Who’s Who, on page 290-91, Ms.Gandhi has claimed to have been educated in the Cambridge University. This is utterly and completely false. Ms. Gandhi had instead gone to the town of Cambridge to learn English in a unrecognized teaching shop. Such falsehood is thus reflective of the duplicitous mentality of Ms. Sonia Gandhi. Time is now near for her to be exposed as India’s Fujimori.2.                                                                      Ms. Sonia Gandhi’s track record, hitherto unscrutinized, reveals an incredible venality and culpability under criminal laws of the country. She is therefore extremely vunerable to any hostile government, and thus would seriously jeopardize the prospects of an opposition coalition that included the Congress Party in an election campaign against the incumbent in office. The track record of Ms.Sonia Gandhi as a habitual law breaker are illustrated below.A.                                                         In 1972, Ms.Sonia Gandhi took employment as an insurance agent of Oriental Fire Insurance, a public sector firm. As a foreigner as she was then, she committed a criminal offence by taking such employment. Furthermore, she showed her business address as the official residence of the then Prime Minister and her mother-in-law, Mrs. Indira Gandhi, at 1, Safdarjung Road, New Delhi, which is an offence. Besides these, she collected commissions on insurance policy sold to Maruti and to individuals in the Prime Minister’s Office, which is also an offence. These facts came to light in a Rajya Sabha Question Hour in November                1974. The then Prime Minister Mrs.Indira Gandhi,and mother-in-law later announced in the House that Mrs.Sonia Gandhi had resigned her insurance agency, a clear admission of culpability under law. The three offences listed above are not subject to the statute of limitation, and thus the failure to prosecute Ms.Sonia Gandhi then, is no bar to launching prosecution now.B.                                    On January 25, 1973, Ms.Sonia Gandhi was appointed the Managing Director of Maruti Technical Services Private Ltd.[MTSPL] in an “extraordinary” meeting of two share holders who together held all the shares, 20 shares each of Rs.10 per share. The two shareholders at the meeting were Ms.Sonia Gandhi and Mr.Sanjay Gandhi. The MTSPL was incorporated on November 16, 1970. On September 28, 1974, Ms.Sonia Gandhi was made the MD of the Maruti Heavy Vehicles Private Ltd.[MHVPL], which was incorporated on February 22, 1974 with 13 shareholders in which the Gandhis had controlling interest. The Maruti car company and the heavy vehicles firm entered into a consultancy contact for expert advice with MTSPL for which susstantial fees were paid.In 1978, the Commission of Inquiry headed by Supreme Court Judge Mr.A.C.Gupta, appointed by the Janata Party government, submitted its Report on the affairs of the Maruti companies. The Commission recorded the depositions of S.Kumar, Registrar of companies, and A.Banerjee, Income tax officer, Mr.Kumar held that “the allotment of shares of the MTSPL and MHVPL to Ms.Sonia Gandhi  was in contravention of Section 28(1) of FERA 1973 which prohibited foreigners from owning shares in Indian companies, and hence

Comment by Yogesh Saxena on March 1, 2011 at 6:05pm

CENTRAL BUREAU OF INVESTIGATION                                                            SPE/SIU (XII)        NEW DELHI

PROGRESS REPORT NO.           :AND DATE.           :              23.02.1993

1. CASE NO. AND DATE      :        RC.1/93-SIU(XII)

OF REGISTRATION          :        Dt.08.07.1993

1. NAME OF THE ACCUSED  :     M/s . Southern Arts,

                                                    Exporters of Indian Handicrafts

                                                                    10-D, First East Main Road,

                                                    Shenoy Nagar,

                                                    Madras and Unknown Others.

1. OFFENCES    :                            U/s 120-B IPC and  Sec.25 (1)

                                                    r/w Sec.3(1) of Antiquities and

                                                    Art Treasures Act, 1972

1. NAME OF THE IO.          :                          Shri Hari Kumar, Inspr/SIU.
2. NO. OF WITNESSES       :EXAMINEDThat, M/s. Southern Arts, Exporters of Indian Handicrafts, 10-D, First Main Road, Shenoy Nagar, Madras, exported 34 items from the port of Madras to Mr. Guide Zanderige Via 24 Maggie 437126 Verona, Italy, in connivance with the officials of Customs of Madras, Illegally against the provisions of the Antiquities & Art Treasures Act, 1972. On inspection of the aforesaid 34 items by Dr. C. Margbandhu, Director (Exploration), ASI, New Delhi at Pisa, Italy at the instance of Department of Culture, Ministry of Human Resources Development, New Delhi, 19 items were found to be “Antiquity”. In view of above, the instant case was registered against the Exporter (and unknown others).DEVELOPMENTS:-During the fortnight under review, the IO Submitt plan of Action in the case. A copy of the same is enclosed herewith. Special Look-out notices have also been sent to NCRB/New Delhi and to the Director General of Police of Southern States along with the photocopies of photographs of the items, which are lying presently at Pisa, Italy with the Customs Authorities, requesting them to check their records under their jurisdiction with a view to find out, if any report regarding the theft of any the item, is reputed, to them. Interpol/CBI/New Delhi has been requested to move to IP/Rome for the seizure of the consignment, in question, lying with Customs authorities in Pisa, Italy and restitution of the same to India thereafter. The matter has also been reported to Secretary, Department of Culture, Ministry of Human Resources & Development, Shastri Bhavan, New Delhi so that they may inform to the Embassy of India at Rome, Italy, for necessary direction to Customs Authorities in Pisa, Italy, for not releasing the consignment to the Importer. The IO has proceeded to Madras in connection with the investigation of this case and the progress shall be reported to HO on his return.10.        CD (S) NO. & DATE (S)    : C.D. No.1 dated   .07.1993     ON WHICH PR BASED      : C.D. No.1 dated   .07.1993                                                                                              C.D. No.1 dated   .07.1993                                                                   C.D. No.1 dated   .07.199311.           PENDING ACTION                            : A detailed Plan of Action                                                                       Submitted by the IO, is                                                                                      Enclosed herewith.DETAILED PLAN OF ACTION SUBMITTED IN CASE RC.1/93-SIU(XII) FOR PERUSAL.To take immediate steps for retrieval of the case property from Italy by moving the Interpol as well as Indian Embassy in Rome.To send reference to Interpol for conducting part investigation in Italy regarding the examination of the Importer.To visit Madra:-Collect the

Comment by Yogesh Saxena on March 1, 2011 at 6:04pm

Yogesh Kumar Saxena             Phone No. 0532-2637720         Residance:- H.I.G. 203 Preetam Nagar,

                 Advocate High Court, Allahabad                                      2436451                                        Near Kabir Mandir, Sulem Sarai,

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 Ex. Vice President, Advocate’s Association                Mobile No. 9792131584                   E-mail:-yogrekha@gmail.com                                

 High Court, Allahabad                                                                        9415284843                                  yogrekha@yahoo.co.in

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CENTRAL BUREAU OF INVESTIGATION                                                            SPE/SIU (XII)        NEW DELHI PROGRESS REPORT NO.           :AND DATE.           :              23.02.1993 CASE NO. AND DATE      :        RC.1/93-SIU(XII) OF REGISTRATION          :        Dt.08.07.1993 NAME OF THE ACCUSED  :     M/s . Southern Arts,                                                     Exporters of Indian Handicrafts                                                                     10-D, First East Main Road,                                                     Shenoy Nagar,                                                     Madras and Unknown Others. OFFENCES    :                            U/s 120-B IPC and  Sec.25 (1)                                                     r/w Sec.3(1) of Antiquities and                                                     Art Treasures Act, 1972 NAME OF THE IO.          :                          Shri Hari Kumar, Inspr/SIU. NO. OF WITNESSES       :EXAMINEDThat, M/s. Southern A

Comment by Ghulam Kundanam on February 21, 2011 at 8:47pm

Some more points are:-
A law for Political change in India:

1. The retirement age must be fixed for politicians – 72 years, Governor and president – 75 years (with good health). If some wants to continue to serve India after retirement from ...politics they may work in any social organisation. I assure him/her to provide a best opportunity to serve India, Indians and humanity.

2. The minimum educational qualifications are Intermediate (in any stream) for BPL candidates and Graduation for APL candidates. The qualification bar will be graduation for all Indian political leaders when educational environment and facility upto that level is easy available for all Indians i.e. after five years. So, the general graduation level courses will free of cost for BPL category students.

3. Indian Citizens requires a right to back power for corrupt political leaders at any time by SMS vote.

4. No one will stand from more than one constituency.

5. Real Nationalist Politician: Think, How Indian Politics become business of losses. It makes a way for Real Nationalist Politician and Real Social Workers to take a seat in the Parliament and other elected bodies. The leaders must donate extra wealth than the requirement of a middle class family to the nation.

6. Demand a law 'a person, who has two or less children, is eligible for Member of Parliament and other election candidature. It makes India less polluted, less populated, more healthy and more wealthy. It helps to encourage the citizens to reduce population.

7. All MP, MLA funds are illegal and are source of corruption. The every scheme name (state or central including PM and CM schemes) will be in the name of freedom fitters and social workers only. The fund distribution must be on the basis of balanced development of all part of India; not on the basis of constituency of big political leader.

8. All Governors of the State will be selected from retired army officers. This post will become non-political.

9. All sports authority heads will be elected among the old players of the same game. The politician can not capture such posts. It ends politics in games and sports.

10. All government committee, corporation and association heads are selected among retired judicial staffs with best record and who have already declared their assets and maintain transparency.

11. The elected members will learn Indian constitution, some important law, Foreign policy, Indian culture, different main religious book/facts and different Indian languages in first two years; then, they appear in an eligibility test after learning. They, who don't score specified minimum marks will automatically disqualify for membership.

12. All leaders must follow the fundamental duty assign for the citizens in our constitution. Leaders who not follow the fundamental duty are not eligible of any political post.

Democratic freedom Revolution: Our nation requires a democratic freedom revolution. The current democracy is not a fully democracy. The party basis election is not totally democratic. The candidates are selected by the party head. The leaders are bounded by party whip. There is little option to select a member from the members of some political parties. The citizens select a least good candidate among some candidates ("Andho me kana raja"). The selected member is not free to go against wrong policy of their party and they can't go against party whip. It is not democratic. So, the party basis democracy is not a fully democratic system. The party basis politics is the cause of deterioration in nationalism and unity. It creates many differences among