Setting Time-limit for Arguments by Loquacious Lawyers is a Praiseworthy Move

What should have been done long back is being done now by the Supreme Court of India. Anyway, it is better late than never. Filibustering by the lawyers at the time of the arguments, mostly in high profile and media’s attention-catching cases has become almost a norm. I have been watching many top-notch lawyers arguing their cases for days together, sometimes making the judges sleepy and drowsy. Some of the advocates start reading page after page from books and the decided judgments to buttress their points. Judges also give them the indulgence to hear for hours. They make millions for the presentation of their cases even if it is witless and without any sparks.

Many centuries ago, Shakespeare had said ‘Brevity is the soul of wit’ but in our courts, that is hardly followed either by advocates or by the judges. The judgments are padded by hundreds of pages to make them unnecessarily bulky. However, a ray of hope was seen yesterday when the Supreme Court directed the lawyers to adopt the practice of confining their oral arguments to 30 minutes and submissions on the law to three pages. The bench of Justices Sanjay Kishan Kaul and R Subhash Reddy asked the lawyers to change their habits. This will go a long way in the speedy disposal of the knotty cases. This observation by the Supreme Court came on a petition filed by Yatin Narendra Oza, a veteran lawyer from Gujarat, who was stripped of the 'senior advocate' designation following contempt proceedings initiated against him by the Gujarat High Court.

The decisions and observations of the Supreme Court of India are mostly ‘in rem’ and not ‘in personem’. The difference between the two is that while the former is applicable to one and all, the latter remains confined to the litigating persons or parties. The Supreme Court will do a great service to the people if the proceedings of all constitutional courts are ‘live streamed’ for the sake of transparency.

It will be helpful not only for the lawyers and litigants but to the vast numbers of teachers and law students. There are many colleges, who have been charging hefty fees from students just to show them the proceedings of some courts for a few hours in a year.

No Tears should be shed for Raids on DB Corps

It is really painful to see the monumental ignorance of some journalists, who have been orchestrating that the IT raids on the offices and residences of the owners of DB Corps are attacks on the ‘freedom of speech and expression’. It is an open secret that most of the big media houses in India are corrupt to the core and they are the past masters of exploitation of their employees. There is hardly any exception; be it the BennetColeman and Company, HT Media Ltd., Indian Express Newspapers Group, the Hindu, Eenadu, Anand Bazar Patrika, Dainik Jagran, Amar Ujala, Dainik Bhaskar, Deccan Chronicle, Matribhumi, Deccan Herald, Rajasthan Patrika or any other group. Albeit two medium newspapers; The Tribune of Chandigarh and The Assam Tribune of Guwahati can certainly be considered to be exceptions. Dainik Bhaskar is one of the worst exploiters and it has ruined the lives of hundreds of employees, most of them happen to be journalists. I do not say on the basis of any hearsay but on personally experienced facts. When the Majithia Wage Board recommendations were notified, there was a provision of 20 J, which said that those employees, who were getting more wages than what was prescribed in the Wage Board, could enter into an agreement with their management that they would not claim for the WageBoard wages. A time limit was prescribed for that individual agreement.

Lo and behold, when all employees began asking for the Wage Board wages, they were called by the managers to sign the management prepared agreements from the backdate. The language of all agreements was identical. Employees were asked to give in writing that they would not ask for the wages according to the Wage Board, although these employees were getting much less than the wage board recommendations. All the government officials knew about the forgery of the agreements, but they were hugely bribed by the managements that they preferred to keep mum. This has happened in the majority of newspapers, but the owners of language newspapers (what they say Vernacular newspapers) have been the biggest culprits. They have been bending and slaughtering the rules and laws with gay abandon. The meaning of freedom of speech and expression has been converted into a big joke. Their semi-literate editors vie with each other in proving their loyalty to their masters and contriving the ways and means of exploitation of employees for their benefit. Dainik Bhaskar, Dainik Jagran, Amar Ujala and Rajasthan Patrika are the known offenders. They are the blots on journalism. They have not thought even for a moment about the employees while victimizing them.

Many of the journalists working in Dainik Bhaskar were transferred from Delhi to far off and remote places of Bihar, Bengal or Tamilnadu, where people have not even heard the name of the newspaper. The journalists working for the print medium were/are shown to be the employees of the digital platform, where the Wage Board is not applicable. Nobody can tell what has been the contribution of Dainik Bhaskar Dainik Jagran in the development of healthy journalism? These newspapers have been encouraging the journalists to become pimps/ blackmailers/ advertisement collectors. They have brought down the image and credibility of journalism in the eyes of the public because of their unscrupulous conduct. These newspapers have built huge empires mainly because of the blackmailing, browbeating and nefarious connections with politicians and bureaucrats. There is another question whether these media houses owners should be left to openly violate the law? No action should be taken against them even if they are evading taxes? Can they be allowed to slay the labour laws to the detriment of poor employees? Can they grab the advertisements at exorbitant rates and fleece the public exchequer? It does not mean that the governments' officials are lily-white. Accepted that they are equally or more corrupt, but it does not provide any immunity to these media houses.

Therefore, no tears should be shed for these media houses, which have been using their organs for their enrichment and aggrandisement behind the veneer of the freedom of speech and expression. Such Media houses should be shamed and not sympathised.

Advocates’ Dress Code Exemplifies Absurdity

                                                                                                    Parmanand Pandey

My good friend Asok Pande, a practising Advocate, mainly at the High Court of Lucknow, has raised a very pertinent point in a PIL before the High Court that the dress code of judges and advocates as prescribed by the Bar Council should be scrapped as it is totally unsuitable to the clime and culture of India. The High Court has issued notice to the BCI after getting prima facie convinced with the petitioner. As a matter of fact, an Advocate actually appears like a buffoon, and a madari after wearing a black coat, a gown and a band (which the petitioner says symbolises a Christian preacher). No Advocate, a Judge or even the Bar council office-bearer would be able to give any justification or convincing reply to this highly irksome and irritating dress code.

The Advocate Act was enacted in 1961 and the Bar Council of India (Bharat) also came into existence along with it, but the latter derives its strength from the former. The Advocates Act removed many anomalies and brought about a semblance of uniformity in the profession. Bar The council became a regulatory body. The changes have been introduced in the Bar Council from time to time, but they have been inadequate. For example, why has it not been able to dispense with the glaring absurdity of the dress code? Why the legal education is still in the mess? Why no efforts have been made to stop the Tribunalisation of justice in India? Why no trustworthy system of appointment of judges right from the Magistrate level to the Supreme Court has evolved? Why the appointment of pleaders or advocates of the States is left at the whims and fancies of the powers that be, which often stinks of corruption to the high heaven?

In the olden days, even the judges of the Indian Supreme Court and the High Courts used to wear wigs, for no sensible rhyme and reason, but that was changed for good. Earlier the judges used to wield batons on their desks, which was also very ludicrous but thankfully, that has been done away with.

There is no doubt that there should be a dress code for the Advocates like it is prescribed for in most of the professions, which may differentiate them from others but that should be soothing and climate-appropriate. For the sake of a separate identity, the advocates should not be made to undergo pain and suffering and become a laughingstock.

Hundreds of PILs are filed every year but only a few really fall within the ambit of Public Interest. Most of them are filed either for Publicity Interests or Private interests. But this PIL of Sri Pande has certainly caught the imagination of the public. Almost all advocates have been thinking for a quite long time about the absurdity of the present dress code, but this PIL has given vent to their feelings. The Hon’ble Judges have understood the gravity of the problem for issuing the notice. This is a significant step in the direction of the inevitable change. Hopefully, this PIL will be able to garner widespread and comprehensive support across the country.

Why Conversions ought to be Denounced?

                                                                                          Parmanand Pandey

Cases of religious conversions have increased across the country. Until a few years ago ‘conversion’ was thought to be switching over of the religious beliefs mostly of Hindus to Christianity. It was a common scene in Uttar Pradesh that any Christian missionaries would come to the remote villages and open a school in the name of any ‘Father’ or ‘Saint’. They start imparting education to children and glorify Christianity in the classrooms. Not much attention is paid to the boys and girls belonging to upper castes because it is difficult to convert them, but they focus on the children belonging to scheduled castes and tribes. Many of them get attracted to the inducements of these ‘Christian Fathers’ and embrace Christianity.

Similarly, the marrying of Hindu girls to Muslim men has also been going on for quite some time but changing the religion of Hindu men to Islam is a new phenomenon. Although there is a law against religious conversion due to force, fraud and inducement, yet it is an open secret that these tactics are adopted to lure Hindu girls mainly belonging to poor families. The girls pertaining to the lower social hierarchy are targeted by these Muslim men. This is very similar to the ‘love jihad’. Nobody would have any objection to the conversion made on the free will but if the conversion becomes a ‘Hobson's choice’, then it is condemnable, without a doubt.

A pertinent question is asked why mostly Hindus convert to other religions. Is there any inherent drawback among Hindus? To my mind, there could be two reasons: one is that Hinduism is not a regimented religion. It is highly eclectic in beliefs and customs. There is no higher authority whose dictates and writs would be large. The second region is that it is divided into multi-layered castes and sub-castes. It does not draw its strength from one book. It provides enough scope for differences of thought and ideas but in other important religions, the main source is their books. Any difference with their books would mean     It is certainly very evolving and spiritually uplifting but has an enfeebling effect also because excessive liberty often leads to anarchy, which is capitalised by the poachers. Other religions have also fragmentations but not as they are found in Hinduism. Unlike Hinduism and other Indigenous religions, Islam and Christianity silently speak about extra-territorial loyalty. 

In fact, in Uttar Pradesh, the love jihad got unprecedented impetus during the regime of Mulayam Singh Yadav, which included five years of Akhilesh Yadav. Everybody knew that any complaint made against these jihadists would invite the wrath of the police rather than any sympathetic action.

Now the noxious trend of driving a wedge among Hindus in the name caste Hindus and Scheduled caste is going on in full scale. The Islamists groups, which are flush with foreign funds are instigating SCs, particularly neo Ambedkarites, to wage their verbal diatribe against high caste Hindus like Brahmins and Rajputs. This is causing some confrontation and caste attrition. However, at the same time, many other castes have also been getting polarised and they have got themselves distanced from Muslims and Ambedkarites. It appears that they have become strong supporters of the Bhartiya Janata Party, making it almost invincible in the assembly elections.

The growing influence of love jihad is also a cause of huge concern because many of the girls are dispatched to some countries, where they are condemned to live as prostitutes. To be fair to the Yogi government, this menace is being very strictly dealt with yet there is no doubt that such activities are still going on, although stealthily.   

 

 

Privatization can Save Electric Supply in Uttar Pradesh, but Extremely Difficult in Election Year

 Privatization can Save Electric Supply in Uttar Pradesh, but Extremely Difficult in Election Year

The writer of this post has spent many weeks of June in his home village of Azamgarh district of Eastern Uttar Pradesh. He was pleasantly surprised to see that all houses have been electrified and the piped drinking water is supplied to almost all houses. In addition to it, most of the households have not submersible tube wells to back up a twenty-four-hour water supply. LPG cylinders have replaced the smoke-emitting chulhas. Every person in the village holds a mobile phone in his /her hand and the world has shrunk either in their hands or pockets.

While these are welcome indices of developments, many evil habits have also set in as their concomitants. There is hardly any family which does not have one or two drinkers of liquors. Cycles have been replaced by bikes causing more pollution. Many families have also got four-wheelers, thanks mainly due to the easement of paved roads connecting every village. Land-cost has got skyrocketed. Small-sized cane crushers have disappeared. A new breed of wheelers and dealers has emerged, who make easy money by duping and fleecing both sellers and buyers. Brahmins and Rajputs are the sellers of the land and intermediary castes purchase them.

Though electricity is available for at least 12 to 15 hours yet most of the consumers do not pay any bills. A hook is thrown at the main wire to get the electric connection bypassing the meter. This is done in connivance and complicity with the hydel employees. The graft is openly given and accepted, which suits both employees and consumers. But the ultimate loss is to the state exchequer. Possibly, this was the reason, the state government of Uttar Pradesh had mooted the idea to privatize the distribution of electricity on the pattern of Delhi and Mumbai. It was due to the firm resolve of the late Chief Minister of Delhi, Sheila Dixit that the electric distribution was given to many private companies. There was huge resentment among the DESU employees because they had become habitual of not doing any work and making bribes. However, Ms Dixit did not budge from her decision making it possible to supply uninterrupted electricity in Delhi.

The idea of privatization of electric distribution had to be given up in Uttar Pradesh because of the strong opposition from the Hydel employees, who got open support from opposition parties. The only agenda of the Opposition in Uttar Pradesh is to oppose any move of the government regardless of its being right or wrong. In fact, privatization is the only way out to improve electricity supply, but it is easier said than done. It will be extremely difficult for any government to go for privatization especially in the year when the general election is around the corner in the state.

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Government Schemes in Villages must be Monitored to Stem the Corruption

The disease of corruption has become chronic and has taken such deep roots as to cause nausea. It was expected that the Panchayati Raj system will stem the rot of corruption to a great extent but, unfortunately, on the other hand, it has grown on a bigger scale. Even for an election to the post of Gram Pradhan and BDC member, millions of rupees have been spent. Those who have won the elections of BDC members are being offered a huge amount of money to vote for any particular candidate. This means that black money has played a big role in these elections.

 Obviously, those who are investing an enormous amount of money to get elected must have some ideas or plans to recover and more money through corrupt means. At present, there are many schemes of the government(s), which are being carried out. 

However, this is an undeniable fact that there is no scheme, which can be implemented without giving cuts to Pradhans and Village Secretaries. Only a naïve can ask, how the cuts can be offered when the money is directly transferred to their bank accounts? There is no doubt that direct transfer of benefits has reduced the harassment of beneficiaries, but its extent scale has helped grow the corruption to an unimaginable scale.

The housing scheme of the Pradhan Mantri Awas Yojna has immensely helped the poor people to have roofs of their own but those who are assigned to implement it at the ground level openly make money from beneficiaries by recommending their names and also through the suppliers of building materials. Money earmarked for the paving of the village roads are not spent in the prescribed manners leading to loopholes for making money. It is very difficult to prevent it when the public representatives and the government employees are found to be hand in gloves.

There is no doubt that Goondaism has been largely controlled due to the strictness of the Yogi government, but it has to work really very hard to root out or at least bring down the corruption due to the complicity of the government employees village level Panchayati Raj office bearers are brought down.  To achieve it will be no less than corruption and if this miracle happens then only those having the burning desire for social service will jump into the electoral fray, otherwise only such persons whose aim is to make more money and enjoy the leverages of power by the sheer dint of their electoral offices as it is prevalent at present.

 

 

India must extend all possible support to Israel

The current war that is raging in Israel and Palestine is possibly the longest one between the two. Israel has already smashed the ribs and bones of Hamas, the terrorist outfit of Palestinians and supported by 57 other Muslim countries. Hamas was the first to launch attacks on Israel with 3000 rockets, but instead of unequivocally condemning the terrorist attacks, the Muslim countries have started blaming, in unison, that Israel has been killing innocent civilians of Palestine. There is no doubt that a large number of civilian casualties have occurred in the retaliatory action of Israel but there was no way out for her to avoid it because Hamas’ terrorists have been holding civilians to ransom and use them as shields. One Saumya Santosh of India has also been killed in the rocket attacks of Hamas These are the tactics that are adopted by terrorists in India also, be it Kashmir or Chhattisgarh.

There are many puzzling questions that have given rise to this war. Israel has been a time-tested friend of India. She has not only supported India at all forums, including the UNO, the biggest talk shop of the world but has immensely helped India in all the wars waged by China and Pakistan, then why the government of India has failed to reciprocate it to Israel with the same alacrity and unambiguity? There is a groundswell of support for Israel in India and yet the silence and diffidence of GOI in helping Israel to crush terrorism are not understandable. Requesting for peace and ceasefire at a time, when the friendly country, Israel, is bombarded by Hamas terrorists is a classic example of India’s timidity. Is it not bizarre that a country attacked is blamed as the aggressor and the real aggressors and terrorists are playing the victimhood card?

Israel has always been on the side of India on the issue of Kashmir, although India has always been ditched by that hypocrite freebooter Yasser Arafat, who took all benefits from India and never hesitated to become the sidekick of Pakistan. The Muslim world must realise that the concept of Islamic brotherhood has been paled into insignificance before the modern concept of nationhood. How can they stand before a country, where every person is a dedicated soldier of the country and has the resolve to stand like a rock in the time of any crisis?

The entire Muslim world is known to be intellectually bankrupt and devoid of scientific tempers, militarily parasitic and coward, mentally profligate and lecherous, regressive, rogue and arrogant in attitude. They all are frozen in the time zone of the 8th-century feudal era. When the whole world says that terrorism has no religion why the Muslim countries are supporting Hamas in the name of religion is another enigma of their double-speak and deception.

This is the time when GOI must join with Israel to crush the terrorism of all manifestations from the world. This is also the time for India to adopt the policy realpolitik in the face of the challenges of our enemies. People of India will also have a proud feeling to stand with a friend in the time of her need.