Saturday, September 26, 2009

62 YEARS OF OLIGARCHY

62 YEARS OF OLIGARCHY

India has now been engulfed by the fire of hatred among the citizens, by the fire of scam and corruption amongst bureaucrats, by the fire of greed, lust and passion through politician and this is a paradise lost to perpetuate them under parliamentarian system. There is no respect for law, no respect for our cultural heritage and traditional values. The dream of independence by our people has been shattered, battered and broken by unholy combinations of greed , lust and power based on falsehood and violence. The nation is at cross roads with devils workshop on one direction and the deep sea of uncertainty towards the other. There is a dark cloud of uncertainty with complete chaos.
The ideals of peace and non-violence are good enough to be taught, but the same are not applicable for experience as there is complete deterioration of moral values and nobody is interested in a holding them. The leadership are in the hands of those mediocre which are deliberately degenerating the disintegration of the values and are totally independent upon the false projection of their phobia amongst the masses as nobody could even think of resisting them.
The plague of castes amongst the down trodden masses has provided the exclusive monopoly to be ruled by them who demonstrates welfare, but exploit the poverty. There is no check and balance in the game of politics. The spiritual purity of thought is converted into the support from greed and desire by the politicians to their own profit amongst the backward classes. This has provided at tug of war between upper-class and backward class to the larger advantage of our parliamentarian. We have to look within ourselves and find out the answers these problems to build an ideal earthly kingdom to our nation.
Nature has the tremendous effect by its own creation to fight against the prevailing disturbances created by the human errors. The tendency to provide an encroachment over the equilibrium, maintained for necessary check and balance as the phenomena which constitutes the involvement of the ecology on one hand and the potential advancement of the technology on the other hand with restrictions. In such situation there is a violent stroke of the natural calamities having drastic effect on the viability of the mankind and survivability the human race. This was the concept of our Hindu philosophy that since the nature is co-existent to the ingredients of life, as such there should be proper respect to the valuable treasure hidden inside the coverage of the nature. The Himalayan prosperity, the rivers flowing through its and thereby providing the essential water required for the irrigation over the land providing the cultivation for the production of food grains were respected as equivalent to god and goddess in the Hindu religion. There was comparison for animals, who are providing their necessary contribution for the preservation of nature and therefore it was only Hindu religion that the cow has been dealt with as mother for every human being. The cruelty to the nature and even over other the creation of the nature and therefore it was only Hindu religion that the cow has been dealt with as mother for every human being the cruelty to the creation has been prohibited in Hindu sanskriti and they used to worship all the trees providing coverage to the birds , animals and also to human beings. There was offering of the milk to the snakes on Nag - Panchami on account of the fact that even the snake was considered to be a friend of human being and the enemy to the rat who used to consume and destroy the harvest cultivated through human efforts. There was in itself check and balance by the nature and the man was considered to be more happier within the limited resources and therefore from the beginning even the princess were sent to the small huts for their physical and spiritual training under the guidance of the sages ,who have already given up all their comforts for the eradication of prevailing maladies in the societies and these sages were given a status above to the ruler of the particular nation. Thus the ultimate effect of the Hindu mythology was to preserve the nature, which is the ultimate goal of every religion. Unfortunately this message could not be communicated to the followers of other religion and as such the drastic effect has been visualised as the green vegetation was converted into the desert, wherever there was expansion of any other religion in contradiction with ideals and cultural heritage of Hindu mythology . India, which was considered to be the golden country ,is now leading towards the same deserted outlook effect as is evident in the middle Asian countries. It is for this reason that the prediction was being in the earlier 19th century that every religion will lost it’s significance, which is not coexistent with nature and rather detrimental for being co-ordinator to boost up the natural resources which are essential for the survival of human race.

Hindu religion is now on the verge of its extinction as its foundations are based on non-aggressive trend and worship to other religion. The humanity is the sole criteria , and nothing like fanatic aggressive trend is adopted for its expansion, which is prevalent in this religion rather there is the broader perceptiveness for adoption to the followers of the other religion. The qualification of generosity has become at disqualification for its preservation and existence. Thus it has now become a fundamental duty of every citizen having faith in Hindu religion to fight against the divisive forces who are keeping silent over the effective and prevailing encroachment of Hindu tradition and this is utmost important that if we want to protect violent strokes of nature then the survival of Hindu religion is necessary.
The extinction of Hindu race is evident by the bare factor that our monuments and the place of worship have been demolished or converted into different form by the followers of other religion. The attack is now being made on very foundation, which were maintaining the existence of Hindu religion. The prevailing tendencies of materialistic approach, conceptual deterioration through sacrosanct and contract of marriage , the food habits of non-vegetarian dishes by adopting the cruel method of slaughtering the animals and non spiritual trend of giving up habit of self resistance, are now prevailing in our nation, which is a clear indication that our country, which has been ruled by Mogul invaders and British conqueror by adopting the Roman policy of ‘Divide and Rule’ again in the clutches of foreign aggressiveness and the time is not ready for, when the policy of appeasement to the divisive forces and advantages to the dishonest opportunist will completely ruin down the basic cultural heritage and the traditional values of Hindu heritage from the scene of Indian continent, from where, it was a originally inherited through the grace of Almighty. The extinction of our cultural heritage to the drastic effect is due to sycophancy and hypocrisy which is always inclined to hero worship tendency in Indians, and has given opportunity to power politics to our leaders and from a promulgate religious domination by the few individuals. Mankind is in the habit of suffering through worst catastrophe by the violent stroke of nature. Nature , which preserves, its preserver; but simultaneously ,it also destroys its destroyer. This is the most complicated phenomena of the omnipotent protector but is seldom treated with respect by the human being. There was individual praise instead of appreciating the benevolent qualities and spiritual knowledge and this is followed by the theory of intelligence through birth. The Hindu religion had classified the four sects of Brahmins, Kshatriya,

Vaishya & Shudra by their symbolic qualification . Brahmins were resembled by the head of the human beings, while both the arms and chests of the individual were regarded as Kshatriya. The abdomen was represented through Vaishya and those who were indulged into the process of cleanliness of the garbage and other waste products were called Shudra and on account of their limited means of creativity they were never indulged into the passionate pleasure through our senses of productivity and therefore they were regarded at the lower berth. The Indian mentality and the vested interests have given the recognition to these qualifications represented by four sects in the society on the basis of heredity hierarchy and the individual is regarded to be better qualified through his berth instead of his qualifications. Thus it has given a predominating factor for the creation of four Varnas . This was route cause of prevailing maladies, which has given way to the foreign ambitions to take the advantage of such hypocrisy and to rule this nation by the policy of ‘divide and rule’ from the time of Mughal conqueror upto the period of British invaders. The battle of Plassy was further examples of weak characteristic of Indian mentality as India was conquered by an army consisting of 650 British soldiers by defeating an army of 1 lac soldiers of Nawab Shahjadullah by Clive Lloyd .
This has provided an opportunity to the Congress leaders from a very beginning to highlight the status of Shri Mohan Das Karamchandra Gandhi as that of a Mahatma. After the first world war when there was a usurpation of power by some of the dedicated leaders like Lala Lajpat Roy, Vipin Chandra Pal, and Bal Ganga Dhar Tilak. The efforts of Bhaghat Singh, Chandrashekhar Azad, Sarva Shri Pt Ram Prasad Bismal, Ashfaq Ullah Khan, Roshan Singh and Rajendra Nath were also undermined before the status of Mahatma Gandhi by then Congress contemporary in the different period of British Empire. Then the pro Mahatma friction inside the Congress have called them as reactionary to the prevailing system and they were to discourage for their aggressive nature. The uprising of our leaders against British domination was assailed from time to time on many grounds as no one could come forward as that of a leader after independence and the power may be enjoyed by few individuals, who were opportunists and remain loyal to Mahatma in his policy of non-invasion as Mahatma Gandhi was always inclined to evade from the British diplomacy. The independence of our nation was prolong to an indefinite period till the rising of Hitler and demolition various stricture on which the British domination was coexistent to the extent that his sun was never dawning in the west, as on the other side of its expansion of its jurisdiction, it was simultaneously rising. After the Second World War the British domination has not only been extinguished from the soil of this nation, but from other 47 nation at the contemporary time period. Thus the contribution of Mahatma Gandhi was really negligible in comparison to the efforts of Netaji Subhash Chandra Bose ,who fought the battle through his army against British people. The status of Mahatma Gandhi has become a protective umbrella providing shield to the ambitions of opportunists leaders. Those who were associated with him with the sole objective to gain the power after independence . Mr.Moti Lal Nehru being conversant with the inclination of Mr Jawahar Lal Nehru towards the leadership has purposely associated him with Mahatma Gandhi as he was very conversant that one day or other these Britishers have ultimately to depart from the soil of this country and thereafter there are chances of Mr Jawahar Lal Nehru gaining the power if he remained associated with Mahatma Gandhi as his successor disciple. The association of Mr Nehru with Tej Bahadur Sapru as an advocate was neither successful nor it would have remained in existence for a longer period. Thus there was no other alternative except to allow of Mr Nehru to join the politics and the associated with Mahatma Gandhi. This ambition of Mr Nehru to remain in power has ultimately led to the process of partition of India to a very larger extent.

Mr Subash Chandra Bose was elected as president Congress by defeating Mr Pattavi Sita Ramaya a nominated candidate of Mahatma Gandhi. Mr Nehru and his other associates become very perturbed by the victory of Netaji. Thus the conspiracy was fetched to remove him from power. It was declared that the victory of Netaji was personal defeat of Mahatma Gandhi. The lobby associated with Mr Nehru lead by Mr Govind Ballabh Pant resolved on 3rd March 1939 that Netaji will not be empowered to choose his nominated member, but those having solidarity in Mahatma Gandhi will be the nominated member of Congress working committee, there was such humiliation to Netaji that he was to submit his resignation from president’s post in order to protect his dignity and self respect and there after he constituted the forward block. There was general feeling among the Muslim fundamentalists including Mr Zinnah that in this manner nobody will allow be allowed to share in power and it has lead to the adoption of Pakistan resolution in Lahore in 1940. Thus the ousting of Netaji Subhas Chandra Bose as the president of Congress by the diplomacy of Jawahar Lal Nehru and is other associates has ultimately led to the creation of Pakistan to the greater extent. This was the fraud with the people. Muslim league supremo Mohd.Ali Zinnah ring from tuberculosis and he could have survived only for six months on the eve of partition of our country in 1947. The celebrated writers namely the Larry Collins and Dominique Lappire have found Mr Zinnah as unyielding obstacle to Lord Mountbatten and the basic cause behind his obstinacy was the excessive greed of congress leaders to remain in power, if there was no partition India may be the most innovative national philosophy to have emerged in the post independence period. India was having attitude if we were equipped with the problem and there was unique solution, if the kids of the present generation were sharing global dream of Indian continent, who ever may be the responsible for the partition of the country, but certainly these ambitions have played the role of a traitor inside of our country and the present generation may not forgive them.

Acharya J. B Kriplani was elected President of congress working committee. great planning was elected president of Congress working committee, but Mr Nehru condemned him by saying it is better to talk with a devil than to talk to Kirplani. This was the characteristic of individualistic approach which has ousted many patriots like Mr Ballabh Bhai Patel, Mr Purshottam Das Tandon, Dr Ram Manohar Lohia ,and Babu Rajendra Prasad their active contribution for the prosperity of our nation. It is well-known if Mr Patel would have not taken the drastic decision of unification of 650 princely states and the state of Jammu and Kashmir as the integral part of our nation for which Mr Nehru provided obstacles at every stage, we would have not living in our nation and rather slaughtered like animals by the aggressive attitude of our counter part of nation called Pakistan. Mr Ram Manohar Lohia once regarded “Rising star” by Mr Nehru was arrested 16 times during the Nehru’s 16 years this has started from the movement when Mr Lohia provided resistance and talk against .Mr Nehru policy of Panchsheel and condemned that at the time acquisition of Tibet by China this Panchsheel was shattered and scattered into pieces after the Chinese aggression in 1962,when India could only save his territories from further acquisition by the timely intervention of Soviet Union.
The parliamentarian system adopted by our ambitious leaders to gain powers through to any means fair or foul, has dragged our nation towards confusion coercion chaos crime and corruption. We now are proudful that we are most corrupt nation of the world living below poverty line with the maximum criminal providing shelter and production through our corrupt politician. This was the foundation which we have witnessed during first 61 years of independence under Prime Ministership of Mr Jawaharlal Nehru. Mr Lal Bahadur Shastri has protected the large interest of our nation only within a period of two years when the people of our country were dying of starvation, running in bankruptcy, insecurity and control through foreign ambitions. The green revolution for self autonomy of our people has not only provided them sufficient bulk of food, but also provided the export of food articles during Shastriji period. The successful in recapitulation over the territory of Pakistani aggressor during the year 1965 war were the that tremendous achievement of this real patriot, who maintained idealistic approach throughout his regime but shown his determination to fight against divisive force acting detrimental to the interests of nation and never allowed to perpetuate corruption in any manner, as such it is well established that here are the hopes of getting the rectification of the prevailing errors committed by the politicians and the country has got the vital resources to maintain its reputation among the other countries of the world.
After the independence that was perspective of but Congress became one of the rider on account of its hold over leadership and this has resulted into disintegration of the various socialist formation into the spilt. The economic backwardness provided miracle success to co-ordinate such equations to the best advantage of the ruling Congress. The element of motivation for the success of Congress was based on Nehru -Gandhi dynasty which helped Jawaharlal Nehru to reflect his personality by inducing himself as the supreme leader. In pursuit of his office of Prime Minister by Mr Jawaharlal Nehru, the interest of the nation was crucified to the larger extent in view of acceptance of the partition of India and creation of Pakistan with clashing of vested interest to rule the nation under the guise of the danger through external aggression. Mr Ram Manohar Lohia has adopted a viable political strategy on ideological pretence of uncompromising anti-congressism this fact was witnessed till the aggression of the China. This has provided a great setback in the advancement of socialistic strategy.
After the death of Mr Jawahar Lal Nehru who based his policy by centralising the attention towards his foreign policy of diplomacy and certainly to build up the nation to certain extent but he meticulously failed to built up the defence against the external threat as a result of which India lost the he major portion of Kashmir and vast land in Chinese aggression. According to some spokesman of the relevant period the policy of Mr Jawaharlal Nehru was widely based on his diplomacy and appeasement and tactics through concession to the minorities by introducing the reservation policy of scheduled caste and scheduled tribes in the matter of employment for the limited period. The introduction of Hindu reforms against the prevailing abuse of power detrimental to the interest of woman through polygamy and contractual marriage and divorce amongst Muslims for which there was head on collision between Mr Rajendra Babu the President and Mr J. L. Nehru, but ultimately Mr Nehru succeeded in getting Hindu reform Bill introduced and past which was violative of directive principles of state policy of unified civil law. The dream of adopting the same law applicable irrespective of any creed, caste and religion in order to strengthen the integrity of our nation could not be fulfilled even after the dawn of 50 years of independence.

SOVEREIGN IMMUNITY RESTS ON TWO PRINCIPLES

SOVEREIGN IMMUNITY RESTS ON TWO PRINCIPLES
Sovereign immunity rests on two principles. The one expressed in maxima par in parem non habet jurisdictionem is concerned with the status of equality. The other principle on which immunity is based is that of non-intervention in the internal affairs of other States. In the days of trade and commerce, international interdependence and international opening of embassies, in granting sanction the growth of a national law in this aspect has to be borne in mind.
. Immunity of foreign States
The interpretation of the provisions of Code of Civil Procedure must be in consonance with the basic principles of the Indian Constitution. . Immunity of foreign States to be sued in the domestic forum of another State was and perhaps still is part of the general international law and international order and it is not necessary for the present purpose to consider its origin, development and the trends in different countries. As Professor H. Lauterpacht writes in "The British Yearbook of International Law 1951" (Volume 28) on "The Problem of Jurisdictional Immunities of Foreign States" at page 230 that the assumption of jurisdiction over foreign states by the domestic court was considered at one point of time to be contrary to the dignity of the foreign states and as such inconsistent with the international courtesy and the amity of international relations. This has been in the past a persistent theme of judicial decisions. It may be noted that in so far as the doctrine of immunity owed its acceptance to the decisions of the courts of the United States it is explained to some extent by the fact that it was by reference to dignity of the states of the Union that their immunity from, suit was urged insistently and repetitiosly. During the debates preceding the adoption of the Virginian Convention in 1978, John Marshall stressed the element of indignity inflicted upon a state by making it a defendant in an action. (Elliot, Debates - 2nd Ed. 1836, page 555). It may be of historical amusement specially in the context of Indian Constitution and the growth and the history of the Indian Constitution to note that in the leading case of Chisholm v. Georgia, (1793) 2 Dall 419, 425 the main argument for the defendant state was that it was a 'degradation of sovereignty in the states to submit to the supreme judiciary of the United States. The courts of the United States have gone to the length of relying on the argument of dignity in the matter of immunity of foreign states from taxation. In England, 'dignity', coupled or identified with 'independence', played an important part as an explanation of the doctrine of immunity of foreign states.

Conquest of India buys nothing of any natural superiority on the part of conquerors

Conquest of India buys nothing of any natural superiority on the part of conquerors, but it is due to lack of character and indiscipline in Indians, who were subjected by exploiting the spirits with division and jealousies between fellow citizens. It is difficult and impossible to conquer a Nation having intelligent approach, different religions and language form its invaders. Spain could not be able to conquer. Dutch province with their petty population remained unfallable. The same is the glory with Switzerland and Greeks in old ages. Israel and Vietnam are the recent examples of solidarity. India on the other hand was conquered by an Army consisting of its own inhabitants and a small fraction of 1/5th Army at the average of these invaders. Thus India can hardly be said to had been conquered at all by the foreign invaders, she was rather conquered herself. The truth is that there is no India in political and scarcely in any other sense. It is a Geographical expression. The invaders had subjugated and abrogated the resource of this country due to its weakness. They have adopted the policy of “Divide and Rule”.
Alexander invaded the country and defeated King Porus with the help of Indian rulers. Since the time of rise of Mahmood Ghazni a steady of invasion has poured in India. The tie of Nationality has now been broken resulting the integrity and jeopardise the national disrespect towards the existing system which our politicians have borrowed in succession from the wake of partition. British’s have derived a system based on two Nation theory, but Mr. Nehru in order to gain the political superiority had accepted the same and be fooled the Nation bylaming Mr. Jinnah who was actually aspirant to get the electorate representation of Muslims in proportionate on theory of Fundamental principle that we are all citizens and equal rights to them be given to rule the Nation. The objective to attain freedom and to remove social evil in the society fermented hatred and discord through communal politics. The freedom has become tainted with a permanent gulf between Hindus and Muslims. The feeling of love peace and harmony in the name of God and religions has ultimate outcome of sudden and radical change which has diversified effect and impact on religious fenaims of Muslims and Hindus. The political game of British’s has succeeded in high pitch of communal frenzy. The fate of real victims has been forgotten. Now the communal hatred, madness and barbarism had its free hand both in Pakistan and in India.
We fought the battle against the crusaders of independents like Neta ji Subhash Chandra Bose who sacrificed has life for independence. He was subjected to humiliations even after electing as president of National Congress after defeating Gandhi ji in 1939 due to nefarious planning of aspirant politicians to ruin the Nation. Churchill has characterised Indians as primitive due to such disgraceful anti National feelings. The historical change in the process of accession of Nation by the British’s was due to such shameful characteristics of the opportunists. Since the time of acquiring power by Bahadur Shah Zafar in 1837, the British’s have always recognised him as their emperor from the time of Lord Aukland upto the period of George Allenbro, but Lord Hasting then Governor General had diverted from maintaining such Traditional resumplance of his Majesty and Dynasty and wrote a confidential letter to his Ambassador Metkaph stating that the emperor Grace and his authenticity command has now vanished and the grace of Emperor which embraces the proud of identifying him with Taimur dynasty is on more in existence. The gifts which were offered to commander in chief by the Governor General are no more required to moulded with identity and title of the emperor. The Governor General is no more required to pose as the servant of the king and now there is nothing to require in order to represent Governor General as Subordinate to the Emperor. This historical change was not witnessed in a single day which was in the process of accession of Nation from the shameful defeat of Nawab Shahzadulla in the battle of plassey from Clive in the year of 1757.
Let us remember 12 June 1757, when British Army collided with Chandra Nagar Army and leaving behind only 150 British soldiers at Chandra Nagar, Clive with an Army of 650 English soldiers, 150 Artillery, 50 Navy and 2100 Indian soldiers on the invitation of Traitor Meer Zafar. He marched to Morsidabad to fight against an army consisting of more than one Lak (1,00.000) soldiers of Nawab Shahzadullah. There was a long distance from Calcutta to Morsidabad. In between Hoogly and Kotaya were the strong fortress under the domination of Nawab but Hoogly had surrendered voluntarily, while in Kotaya Clive had not only succeeded by victory, but also with a huge stock of rice which of one year. Meer Zafar, Sadar Wazir of Nawab on being assured to become Emperor, for which Jagat Seth Amirchand was given bribe of Rs 30 Laks, who had collided with commanders namely Ram Durlabh and Yar Lateef in conspiracy to give this Banquest of flower with victory to clive in the battle on 21st June 1757, Clive received the invitation from Meer Zafar to invade the Army of one Lak soldiers with only 3,000 soldiers, in which patriot Meer Madan fought a fearless battle on 23 June 1757, but he was injured and withdrawn. Maharaja Mohan Lal who fought with the troops upto the deciding hour of victory, was withdrawn on persuation of Meer Zafar. Meer Madan had informed Nawab Shahzadullah in respect of conspiracy of Meer Zafar, has put his crown on his feet and persuaded by administering oath in the name of Allah not to betrayal during the struggle, after withdrawing Maharaja Mohan Lal from battle field, Zafar conveyed the message to clive to attack at Midnight and ultimately Nawab Shahzadullah ran away from battle field of plassey to Morsidabed and Meer Zafar having 45,000 soldiers surrendered before the Clive. This was the reason of calling the Indians as cowardice, selfish and primitive by the Churchill at the wake of Independence and partition of India.
We are 15% of world population and having 1.5% of world’s income. We are 54% of all illiterate of the world. In 1950 we were ranking at 16th place in the list of exporting countries, now we are ranked at 45th place. In 1950 we had 2.2% of export of world market today we stand at 0.45%. The population of Hong Kong is 0.7% and its land is 0.03% of India yet it has almost three times the trade of India. India has less than half of one percent of world’s tourist traffic. North has 1/4th of world’s population and it has 70% of wealth and 80% of trade. It has 90% of Industry, 99% of finest and most advanced centres of learning and technology. In North, the total weight of their mile power which is surplus as one million ton while the butter is 1.5 million tons. There is 20 million tons of surplus fedo . Our political set up regenerates the corruption to prevent the benefit of donations received through begging and other aids from trackling down the requirement of down trocdens. Since all aid goes into the private pocket of yes men of politician as such North has now stopped all such assistance which they virtually find as surplus in their countries. It is interesting that politicians ask another country to finance the corruption in their own statel.
We are still like a cavemen with our backs turn to light watching the shadow on the wall. The politicians have imposed mindless socialism which held in thrall the people endeavour and enterprise resulting in transfer of potential from the honest bonavelent to the dishonest and foreign ambitions. Politicians acts in nefacarious designs with impunity. Political parties motivated with vested interests are dancing to usurp power through any means fair or foul even at the cost of sacrificing the Nation’s existence to personal interest. Party systems has pushed to advance its own schemes upon the ruin of the rest. Our politicians are mafia dons next to the invaders. Robbers have generally plundered the rich who are seldom subjected to punishment but the politicians having the will of our regislation always plunget the common citizens and protect those mafia dons under the phraseology of “law making sovereign power” having the connotation “procedure establish under law to be cherished instead of due process”. There is always and excuse for tyranny and maladministration which has degenerated the national character. The power given need a safeguard from such arbtitrary power and unfair exercise. In present set up freedom has become an abuse and liberty as license. Therefore the moral damage is more terrible. Abn oppressive system is more to be teared than a Tiger.
Mr Chandra Shekhar, then Prime Minister who also held charge of Home Ministry himself, transferred Shri N.K.Singh then joint director of C.B.I. who was conducting inverstigation into st. Kitt’s forgery committed by controversial mafia don chanaraswami when he refused to drop the investigation. The transfer, which was manifestly for killing the investigation was challenged before central administration Tribunal. The tribunal pronounced that a civil servant however highly placed is bound to implement the policy decisions and directives given by the minister concerned. It was observed that a posture in public by a civil servant by showing his disagreement with the directions given by minister concered is untenable in an constitutional scheme, under which the minister concerned is accountable and answerable to their ministers. The tribunal declared :- “The concept of indispensaility of and individual officer, however upright, honest and efficient he may be, is unknown to good administration under any legal system. A civil servant trying to uphold the public and preserve and protect public interest against the decision and directions of his own minister who are the political maters, is also alien to our legal system”.
This fatal doctrine enunciated by the tribunal even in the light of criminal politicians nexus was upheld without comments by the Apex Court. However it was reiterated that the officer, a man of undoubted competence, integrity, uninhibited acknowledgement and acclaim of his calibre and credentials even by respondents accompanied with future promotions earned by Mr N.K.Singh in due course are recognition of his merit that his needless excursion into the arena of litigation to challenge a mere transfer not detrimental to his career prospectus has fortunately not had any adverse influence against him. Hon’ble Supreme Court has adviced to leave the matter to those in public life who felt aggrieved by his transfer to fight their own battle in the forum available to them. The result is that the directions of ministers which are manifestly intended to kill the investigation against the mafia king has to be carrying out by the civil servant as a member of discipline force and he should not take upon himself the task of safeguarding the public interest.
This was completely forgotten that the criminialisation of politics is well known and has deep rooted linkage between mafia dons, crime syndicates and this network is virtually running parallel government. These gangs enjoy the patronage of local level politicians, cutting across party lines and protection of government functionaries. Bombay Blast in March 1993 has proved the activities linkages of the Dawood Ibrahim gang leading to establishment of Maharashtra Govt. The vohra penal report has found that all over India crime syndicates have become a law unto themselves. Hired assassins have nexus between criminal gangs, police, bureaucracy and politicians. Mafia is virtually pushing the state apparatus into irrelevance. Their modus operandi may shift to narcotic drugs, weapon smuggling, and established narco-terrorism network. The Indian underworld had been exploited by Pakistan I.S.I. and its network to cause sabotage, subversion and communal tension.
What has happened to the Nation after decision in Mr. N.K.Singh case. Even after four and half years, of the investigation conducted by Mr. singh nothing has come out from inverstigation in st. Kitt’s forgery committed by Chandraswami, but it has resulted in assassination of Rajiv Gandi with the cloud of uncertainty in identifying real culprit to the people i.e. whether he is Chandraswami, Miss Jayalalita or Mr. Chandra Shekhar Ex. Prime Minister or some alien Nation? The kidnapping and plundering in U.P. and Bihar and Samajwadis as state apparatus and judiciary with impunity avoiding the glaring facts of judicial accountability. These instruments of breaking the back of civil servant and police administration by politician affiliation are arbitrary against which every citizen is supposed to have the protection but the courts have still to pronounce the guidelines to the people, the common man with common cause, felt aggrieved to fight the battle in what forum available to them? Subsequently there was malafide and manifestly illegal transfer and suspension of Mr. M.Shankaranarayanan the distinguished chief secretary of Karnataka by Mr. S.Bangarappa, C.M. to protect the liquor lobby of Chandraswami’s mafia don for the public.
The citizens, “we the people” contemptlating of the infringement of the indefeasible rights cannot be told for tolerating infreaction or invasion of their rights anymore, which is guaranteed enough to relegate at the dawn of human rights jurisprudence fromulgated by judicial activism to fight their own battle in the forum available to them under social action litigatiuon. The Hon’ble Supreme Court has put an end to instrument of status upholding the traditions of Anglo Saxon jurisprudence and resisting radical innovation as honest in the use of judicial power to promote social justice. Nothing rankless more in human heart than in justice. Access to justice is basic human right on which is dependent other rights relating to equality. Justice has always been the first virtue of any civilised society. Life of law is a mean to serve the social purpose and felt necessity of people. Affirmative action promotes maximum well being for the society as a whole and strengthens forces of National integration. The purposeful role for more active creative in deciding it by the court of law is by not “what has been” but “what may be”. This is the role and purpose of law for the sovereign power of “we the people” as enumerated in our preamble constitution of india.
Mankind has a habit of serving the worst castrophes created by its own error or by violent turn of Nature. There is no meaning of life in its existence without self restraint and self organising capacity, if man is intended to survive. Conscienceness must come out of this chaotic life for ideal human conditions and unaccomplished gospel and its preservation which can only provide a chance for survival and success.
Implementation of strong ideas for betterment of mankind required steadfast wisdom. Such new and triumphant ideas should burst every human chain which tends to paralyse its efforts to push forward. Most of the people tend to see nothing or, to be more correctly stated, not inclined to observe and take anything in notice because this is simplest and cheapestattitude to adopt. The ensuring success are mostly least understood at the beginning because they are usually in strong contrast public opinion.
The nature of prevailing maladies and inadequacy of existing remedies also requires a fresh apprasal. A lack of sense of duty and dedication towards public service and reluctance towards one’s own behaviour to be accepted arms of honesty and probity in public life is the root cause of such disharmony. This picture of disharmony in the epic of progres never imperilled the fundamentals of duty and obedience which the basis of social discipline. If honesty is considered to stupidity, nothing can be achieved for eradication of corruption. The entire fabric of Indian society is saturated with gallopir corruption which if not checked with iron hand, will definity ruin the very structure of country’s basic foundations, resuing into its collapse in all spheres of Mankind

An assessment of enthusiasm

An assessment of enthusiasm
Self realization and thought meditation are correlated and both of them lead an individual to search the goal of his life. The route he chooses depends upon the decision he makes but the decision making process is not within the competence of an individual. There are so many guiding principles and role of inheritance is so crucial that the person who swept away with a desire to search the gospel of life ,may consider himself that he has lost his relevance in the process. An urge may lead to big surge .The innovation and the ideals play a vital role for the advancement. Some people are very optimistic and sometime they appear to become over-enthusiastic. The individuals use worship the rising sun and as such since an interaction with another individual having an innocent behavior, may always be regarded as one of the associates. Life is threefold present ;the present having an experience, past with a memory and past with a memory and a future with an expectation .Every expectation is not in anticipation nor is depended upon the circumstances. The harmonious construction is required to be given effect for analysing the truth amongst the 3 dimensional reflections. Thus the individuals who is associated with an optimistic personality always try to germinate confidence and simultaneously an introspection with retrospective effect. Throwing a stone up on the Moon may not be considered as an intelligent step but without throwing the stone in the upward direction, the heights attended by the trees in the Garden may not be crossed. It is only matter of appreciation and understanding by the individuals as to whether he may understand that the fellow is throwing the stone to cross the barrier or to some impossible distances. However even after being conversant that the person may suffer the innoclasm towards his objectives in life, but the said Individual’s approach becomes a guiding factor to other associate.The father of the individual enthusiastic personality may seldom be not able to cope up the requirement of adjustment in life with his son but certainly there is an implied appreciation which is not demonstrated but can be felt with his behavior. Thus the child who understand that it is on account of close affinity that the matter of appreciation become an unnecessary formality and this creates a misunderstanding.
People worships to God as he is unknown as usually inaccessible. Likewise the enthusiasm of an individual is indirectly related with the destiny and incase if the Luck permits, there is every possibility of achieving the success. Who will not like to become conversant with an important personality and likewise people outside may start appreciation with a critical assessment regarding your performance. Thus neither the disappointment is required nor there is any need to provide undue prominence to such negative approach. Though thy path be dark but there is a guiding factor which is given to the people by the nature and not by the individuals. Thus one should not have taken into consideration on that what the others think about you but you should think what you think of yourself. The dimension and horizon created by our mentor guardian of all the three organs on account of its slave orientation to drag an individual to the point of abrogation and subjugation by confining his inner instincts and his existence 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
Yogesh Kumar Saxena, Advocate, High Court, Allahabad, U.P.
Ex. Vice President, Advocate’s Association, Chamber No. 139,High Court
Hind Kishan Sangthan,/ All India Lawyer’s Association, High Court, Allahabad Trained Mediator of the first batch of Mediation Team
Registration No. 946 of 1974 ( U.P.Bar Council of Allahabad)
Special Counsel in Ganga Pollution Matter
Executive Member, World Parliament Experiment (Bonn) Germany 22nd Feb. 7th March 2008
Yoga superior studies &meditation science technique, 4215 NW 7 Street, #34, Miami, FL33126
International conferences of Chief Justices of the World
(Co Coordinators and Co- Organizers) at City Montessori School, Lucknow
yogrekha@gmail.com, yogrekha@rediffmail.com, 0532-2637720, 2436451, 9415284843, 9792131584,