Modi, the greatest liar

• Modi's claim of 56 lakh new IT payers is not necessarily the result of demonetization and more over 90% of new IT payers are in the  income range of Rs.2.50-Rs.2.70 lakhs/annum yielding revenue of just over Rs.100 crores. Where as demonetization costed the nation over Rs.150,000 crores, at the least.
• Modi announced Rs.80,000 crore Kashmir package in Nov 2015 and so far nothing has been spent in Kashmir except on army expenses. The voter response dwindling from 64% in 2014 elections to less than 7% in recent Srinagar bye poll (and 2% in re-poll in some parts) speaks volumes about Modi's failure in Kashmir so far.
• Modi must realize that Kashmir problem is not just law & order problem which can be solved by army nor an economic package will buy peace there. But the solution lies in removing the alienation of people in Kashmir through political engagement and deliberation.
• The fact that LS & RS with combined strength of 790 and 14.23% Muslim population their representation should have been 112. The present strength is just 23 (under 3%). 
• As on date, BJP Muslim MP's in LS are NIL and in RS are just 2.
• The appearance of schoolgirls on the streets joining the teenage boys throwing stones at the security forces shows that the familial and social norms have broke down.
• Even after SC ended armed forces immunity under AFSP Act in 2016, to day in Kashmir in every 8th household an able bodied youth is missing (presumed killed by security forces in fake encounters) and in every 5th household a woman is raped by security forces (mostly unreported due to social pressures) and not a single case has been filed against the security personnel and expecting people of Kashmir trust our law enforcers is height of insanity. 
• Today half of our military totaling 7.50 lakhs is enagaged in Kashmir with a population of under 10 million (96% Muslims) and reported number foreign militants are less than 150.
• Without initiating establishment of 'rule of law' and engaging people politically how Modi will resolve Kashmir issue and make it a 'paradise once again' is shallow and his speech a blatant lie. 
• If nothing is done to resolve Kashmir's burning problem except application of brute military might which will not solve the problem and in due course of time we may end up loosing Kashmir forever.

Power is domination, control, and therefore any selective form of truth is a lie.
పామరజనొచితమగు ఫ్రల్లదనములు పలుకుటకు ప్రాఘ్నులంగీకరింపరు.

Modi with his oratory skills, rhetoric, hammering out selective truths and publicizing failures as successes is virtually destroying India economically & politically. First two years he spent time touring the world delivering mesmerizing speeches. In third year he unleashed war on people by quack advised demonetization which hurt the poor most and resulted in destruction of agriculture, construction and informal sector while stated objectives eluded. Then he found GST which would project him as bold financial reformer and rolling it out hurriedly in mangled form without sufficient preparation had impacted small businesses greatly. GST, a novel reform, is expected to impact economy for about two years and there after benefits starts accruing. Both these must have costed nation about Rs.300,000 crores, the exact figures will never be known. All his independence day speech contents are selective truths and blatant lies. Among all politicians, at least Prime Minister should be truthful to nation. All his Red Fort speeches are either selective truths or blatant lies. India belongs to all Indians not just majority Indians.

Babri case: SC restores conspiracy charges against Advani etc

Babri Masjid being demolished by Kar Sevaks on Dec 6, 1992

Apr 19, 2017:  LK Advani and other top leaders of the BJP including Murli Manohar Joshi and Uma Bharti will be tried for criminal conspiracy in the demolition of the 16th­ century Babri Masjid, the Supreme Court ruled today, agreeing with a request from the Central Bureau of Investigation or CBI in its case over the razing of the disputed mosque on December 6, 1992. The incident had sparked deadly riots across India that killed around 2,000 people. "We have allowed the CBI appeal against the Allahabad High Court judgement with certain directions," a bench comprising Justices PC Ghose and RF Nariman said.

Here are the top 10 points from the judgement in the Babri Masjid demolition case:

1. CBI's appeal in Babri mosque demolition case allowed, criminal conspiracy charge against LK Advani and other BJP leaders restored.
2. Two separate cases (in Lucknow and Raebareli) against LK Advani, Murli Manohar Joshi, Uma Bharti and unknown 'kar sevaks' in will be brought together in one trial.
3. The trial court in Lucknow must complete the hearing in two years and deliver a verdict.
4. Kalyan Singh (who was the chief minister of UP in 1992) enjoys constitutional immunity as Rajasthan Governor and can be tried only after he leaves office.
5. Lucknow court should conduct trial in these cases on a day­to­day basis.
6. No party shall be granted adjournments without the sessions judge being satisfied of the reasons for it.
7. CBI will have to ensure that at least one prosecution witness appears in trial court for recording of testimony.
8. Trial judge hearing the Babri mosque case shall not be transferred till the judgement is delivered.
9. Lucknow trial court to commence proceedings in four weeks and there will be no 'de novo' (fresh) trial.
10. Order should be followed in letter and spirit and parties involved have the liberty to approach the top court if its directions are not followed.

Here is the timeline to the dispute

Justice delayed is justice denied ... William E. Gladstone

Justice delayed will not only be justice denied, 

it will be the Rule of law destroyed ... Soli Sorabjee

My View:

There is no question that Ram Janmabhoomi is one of the highest sentiment for 84% Hindus in India, without exception. Muslims should have voluntarily given away the never used Masjid for Hindus for building Ram Temple, as gesture of good will. In return they could have extracted certain concessions, but both groups never came to negotiating table. Courts could not give its judgement because that piece of land of Babri Masjid is in possession of Babri Masjid Trust and at the same time Hindus sentimental right can't be undermined but can't be given away to Hindus unless Muslims agree to it. The dispute is dated back to 1853/1859. In 1992 Advani leading thousands of BJP+ Kar Sevaks, purely for political gains is only to counter VP Singh's Mandal card, resulting in demolition of Babri Masjid is patently illegal, undemocratic and unconstitutional and ruptures secular fabric of the nation. All culprits who ever have conspired and/or participated in demolition must be booked and punished as per laws of the land. Topping the list are LK Advani, MM Joshi, Uma Bharathi, Kalyan Singh and many more. At least after 25 years, SC ordered these culprits stand trial with 2 years deadline. Unless rule of the law is respected, we stand to lose democratic & secular character of our constitution.

However, SC has dealt a deadly blow to BJP & its associates stunning the master manipulator Modi affirming judicial independence and upholding rule of law. Any shame left, Uma Bharti and Kalyan Singh must resign their Minister & Governor positions and face criminal charges in their individual capacity. Ironically, Modi (with his CBI) has to prosecute his own gurus & compatriots of conspiracy & criminal charges. Landed in unenviable spot, Modi, who lectures on every issue, will maintain stoic silence on this matter.

Katzu rejects Supreme Court summons

Supreme Court Judges - Justice Ranjan Gogoi, Justice Prafulla Panth and Justice UU Lalith summoning  Ex SC Judge Justice Markandeya Katzu for his comments on SC Judgement and Katzu's refusal to appear in court citing Article 124(7) speaks volumes about quality of our Supreme Court judgments and its Judges who are appointed by 'Judges selects Judges' regime by the Collegium without any process of selection based on merit and providing opportunity to all eligible candidates for the post of Judges in HC and SC. The SC Collegium hand picks judges and advocates based on informal recommendations of the members of the Collegium without any criterion for further processing by Ministry of Law. Needless to say many meritorious candidates were not even considered for the posts of HC & SC judges. Overtime SC & HC have become some thing like 'Secunderabad Club' with members passing on their membership to their heirs or friends only.

The Collegium came into existence based on a SC judgement of 1992 rather than by an act of parliament which is in gross violation of constitution. The recent 'National Judicial Appointments Commission Act' was struck down by SC based of some technicalities rather than any merits only to safeguard their usurped power to appoint judges thus deviating from their fundamental responsibility of dispensing justice and defending constitution. 

In this connection it is worthwhile to read the remarks '50% of Higher Judiciary Corrupt - Justice Markandeya Katzu (Retd)' a year ago. In his remarks he was kind enough to limit corruption up to 50%. Corruption in its true meaning not only include making illicit money but also doling out favors to friends and relatives and delivering whimsical judgments etc and the the percentage would go up to 90%.

We need judges like Justice Jagmohanlal Sinha and Justice Bakhtawar Lentin etc.

In our constitution every body is answerable to some body in public domain except Supreme Court Judges who are answerable to themselves only. Needless to say we are observing autocratic tendencies of these judges and/or pro-government inclination tendencies only to get post retirement plum postings especially by the judges whose term is nearing its end.

In this scenario, nation's interests are unsafe in the hands of these Judges and to overcome we must formulate and enforce 'judicial reforms' urgently.

"Nearly all men can stand adversity, 

but if you want to test a man's character, give him power" ... Abraham Lincoln

My View:

The three SC Judges who have issued summons to Katzu in violation of constitution indicated their poor understanding of simple provisions of the constitution and must resign for their unfitness to be SC Judges.

In a large democracy like India, transparency in public domain is essential. Opaque systems like collegium, even if they are producing desired results, are absolutely unacceptable. It is surprising to note how this opaque system which is anti-constitutional and without approval of parliament has come into existence and continuing unabated for over a quarter century. Supreme Court, the defender of constitution, adopting this kind of illegal systems is not only unacceptable but also unpardonable. The need of the hour is to dismantle this system and replace with an organisation like UPSC urgently. This is a classic case of interpreting the provisions of constitution against its spirit and misusing the trust & authority vested in the apex court.

Wife separating man from parents ground for divorce - Supreme Court

• Truths hardly surfaces in court proceedings. It is evidence that is presented to court. Truth and evidence are two different things. Usually they are different.
• Evidence and Advocates capability gets us the judgement. Never the truth, even though it is unambiguously visible to each one of us.
• Courts are incapable of extracting visible truths. They only do administration of law in the guise of dispensing justice.
• Rights of citizens are same and conferred by constitution. No discrimination is made based on gender, religion, caste, color, creed, education or status. All citizens are equal.
• Rights are conferred based on reasoning of equality and nothing else. Some tilt is visible while making Acts to protect the weak people from atrocities of strong people, especially women, children, handicapped etc.
• While duties & obligations of husband and wife are explicit and well defined in law, the same between parents and children are implicit.
• It is the right of every woman to live with her husband and minor children separately, in privacy. Enjoying family income of both of husband and wife is the right of that family.
• Obligations and duties towards aged and financially weak parents can be fulfilled in many ways while performing his family duties. What is needed is will to look after them in old age. Deserting wife and children to fulfill that obligation tantamount to violation of more pious duties towards wife and children.

In this particular divorce case, it is more husband's antipathy towards his wife rather than his affinity to his pious duties towards parents is the real reason.

• He must have spent monumental amounts in his legal pursuit of his divorce. The sum total of expenses is unaffordable even for the top 5% of socially rich people.
• Invoking religion, culture & pious duties and condemning some actions as western thoughts by learned judge is ridiculous. Needless to say our constitution, laws, acts and rules ... most of them are copied from West only.
• SC Judges have extraordinary powers to make supplemental laws, consistent with constitution and existing laws, in discharge of his specific duties in doing justice in each case and he is answerable to no one except to himself. Such extraordinary powers must be exercised with utmost caution focusing eyes on reasoning only not getting distracted by culture, religion, pious duties etc.
• In this particular case, divorce doesn't satisfy 1 of 7 listed reasons as per prevailing laws and SC Judges invoking extraordinary powers in the name culture, religion and practices, in contradiction of existing laws and granting divorce to husband much against the wishes of wife is totally wrong and despicable.
• This must be appealed to full bench and I am sure they will agree with me.

"Most truths are spoken in Bars; Most lies are spoken in Courts"

My View:

In our society our inclination is towards women's protection even if she is wrong. Women's protection is contemplated by stringent laws which on and often are misused to harass men by some aggressive women. The same was discussed and it was decided that if between men & women exploitation is inevitable, let woman be allowed to exploit man under the law. While it was large scale exploitation of women by men in the past, the exploitation of men by women is less than 5%, these days.

It is surprising to see that SC Judge saw the reason and merit in husband's argument for divorce in the disguise of religious, cultural & pious duties towards old and dependent parents decided to invoke his extraordinary powers that too in contradiction of prevailing laws and inflicted deadly blow on wife who was fighting to save her marriage & family exercising her right to preserve her dignity within the frame work of existing laws.

TS gets SC snubs on sharing common assets

As per AP Reorganisation Act 2014, institutions listed in Schedule IX and X are to to be shared by AP and TS in proportion to population i.e. 58% to AP and 42% TS. Since all these institutions are located in common capital Hyderabad and city police control is with TS, Telangana forcibly occupied these institutions compelling AP to approach courts. While HC upheld TS arguments, SC was in agreement with AP arguments. Also SC Bench upheld the AP contention. SC also rejected review petition by TS.

Now TS has to pay AP about Rs. 50,000-70,000 crores in order to keep its full control of these institutions.

My View:
The hurriedly drafted AP Reorganization Act 2014 (drafted by UPA regime in consultation with KCR) was heavily favoring Telangana leaving AP helpless and vulnerable. 

It is a matter of shame that TS Govt files appeals against SC judgement in the form of review petition and curative petition etc with evil intention of delaying payments to AP as much as possible thus defeating the provisions AP Reorganization Act 2014, in letter and spirit.

BJP's Modi's central government nurturing secret ambitions in AP and TS turned Nelson's eye to AP's grievances thus forcing AP to approach SC for every small thing and resolution is painfully time consuming.

Telangana's KCR administration shamelessly interprets wrongly the provisions of the Act resorting to looting of legitimate rights of AP everywhere. Common Governor, despite responsible for fairness in between two states, simply keeps quiet and enjoys going on pilgrimage every month, is practically useless for protecting AP's interests.

AP deprived of its capital, revenue sources, opportunities, institutions is not getting its legitimate help from central government and is saddled with huge  budget deficit. With hostile TS administration for Andhra people living in Hyderabad city is nothing short of hell. On other hand TS is celebrating festivities with surplus cash, at the fall of hat.

Open War between SC & Centre

Times of India dated Aug 13, 2016

The Supreme Court's frustration over its eightmonth-long face-off with the Centre found expression in an open courtroom on Friday Aug 12, 2016 with a bench headed by India's chief justice T S Thakur launching a scathing attack on the government, accusing it of bringing the judiciary to a standstill by stalling the appointments of judges to high courts.

Earlier in October 2015, SC struck down the National Judicial Appointments Commission (NJAC) Act. The NJAC was an attempt by the political class to end the apex court's monopoly over appointment of SC and HC judges.

"There are 478 vacancies in HCs, which is 44.3% of the total strength of judges. HCs have 4 million cases pending. The entire system has collapsed. By the time an appeal can be heard, the accused would have already served a life sentence,“ the CJI told Attorney General Mukul Rohatgi.

The CJI gave Rohatgi a list of 74 names sent by the collegium for appointment and asked him to find out where the proposal was stuck. “If there is adverse material against a person recommended for appointment, please send back his name,“ he said. We will consider the objection. It can be dealt with. That is a legal process. But do not keep sitting on the proposals,“ the CJI said. Justice Thakur cracked the whip after finding out that his tearful appeal to the government in April, to speed up appointments, had not worked. The CJI said, “This log jam in appointment of judges to HCs is unacceptable.There is a stage when we have to ask for accountability. Where is the file stuck for over eight months?"

My View:
Judges appointing judges through Collegium is not only illegal but also unconstitutional. Central Government can't be just for typing and printing of appointment orders body for SC & HC judges appointments selected by collegium which is not a constitutional body and doesn't have even a secretariat. Collegium of judges came into existing through a SC Judgement in 1992 and continuing eversince with its illegal operations without accountability. Judiciary has to be independent after appointments and in their working but appointments is the prerogative of elected executive i.e. Union Government through a set transparent procedure with opportunities to all eligible candidates. In the system of collegium those eligible candidates who are not recommended by members of collegium (judges) will never even get considered undermining principles of democracy.

Today almost all the judges are appointed during Congress led UPA government and their inherent loyalty is towards Congress only. BJP led NDA government will not allow appointment of Congress lawyers as judges, by hook or crook. Hence this stalemate. A tit for a tat. While SC struck down NJAC Act, Centre is retaliating by keeping judges appointment file pending for nearly a year. In the meantime litigants are subjected to abnormal delays and existing judges are terribly loaded. Setting aside National Judicial Appointments Commission (NJAC) Act enacted by parliament by SC, in Oct 2015 in the pretext of some technical issues is nothing but safeguarding their illegally and unconstitutionally acquired powers for appointment of judges in the name of collegium. Courts are meant for interpretation of laws, redressal of litigant grievances while preserving the basic character of constitution. Overstepping to other related areas without expertise and machinery is ridiculous. It would be interesting to see how this matter gets closed properly.

In a Democracy Elected Executive, Parliament, Judiciary and Autonomous Institutions must learn to work within their domain, respect and fear other Institutions. Then only systems will work properly. Otherwise stalemates and collapses would be inevitable leading to anarchy. 

Among all the institutions in a Democracy, Elected Executive stands taller than others.

SC Slaps on Modi's face in Arunachal Pradesh Imbroglio

Supreme Court literally slapped on Modi's face this morning with 5 judge bench unanimously setting aside the BJPs adventures in overthrowing Congress government without following the statutory procedure and using Governor as its political puppet.

The Nabam Tuki-led government was dismissed following days of turmoil after 21 of the 47 Congress MLAs rebelled against the chief minister. Arunachal Pradesh was placed under President's rule on January 26. Just before the apex court had reserved its verdict on February 20 this year, rebel Congress leader Kalikho Pul was sworn in as chief minister of Arunachal Pradesh with the support of 18 dissident Congress MLAs and two independents and 11 BJP MLAs who gave outside support in the 60-member assembly.

The five-judge constitution bench, was headed by Justice J S Khehar and other members were Justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana.

Justice Khehar pronounced the voluminous main judgement and read out the operative portion, saying that

1. "the order of the governor dated December 9, 2015, preponing the session of legislative assembly from January 14, 2016, to December 16, 2015, is violative of Article 163 read with Article 174 of the Constitution and as such is liable to be quashed and the same is quashed".
2. "Secondly, the message of governor directing the manner of conducting the proceedings of the sixth session of legislative assembly of Arunachal Pradesh from December 16-18, 2015, is violative of Article 163 read with Article 175 of the Constitution and as such is liable to be quashed and the same is quashed," the bench said.
3. Thirdly, the bench said "all steps and decisions taken by the Legislative assembly of Arunachal Pradesh in pursuant to governor's order of December 9, 2015, are unsustainable and liable to be set aside and as such it is set aside."
4. Finally, the bench said "In view of the decision from one to three, status quo ante as it prevailed on December 15, 2015, is ordered to be restored."

My view: Governor must resign immediately and also Union Home Minster & Law Minister, for playing dirty politics abusing constitution and laws of the land, if they have any shame. Being Prime Minister Modi should cultivate habit of respecting non-BJP governments and their rights. What is the point in practicing Yoga, Medication and Religion etc without these qualities? As PM he should be above dirty politics. He should also take advise from luminaries, legal and otherwise, before taking decisions with far reaching consequences.

Reservations

After 70 years of independence, what good reservations have done to us. While crores of peoples in these categories exist, few hundreds are enjoying benefits of reservation from generation after generation as if it is their hereditary estate. A big nothing. On other hand it helped social divide which was been exploited by political parties with their vote bank politics. Reservations by its very definition is anti constitutional and violation of democratic principles, where merit is the the sole criterion.

Substandard people occupying important positions has resulted in national underachievement. This has also resulted in talent suppression, talent humiliation and talent migration detrimental to national interest.

Recently SC struck down promotions based on reservations as invalid and all political parties unanimously  passed constitution amendment for fear of loss of vote banks.

Ambedkar asked for reservations for SC 15% and ST 7.5% only for a period of 10 years, while drafting constitution, we have gone several steps ahead with caste, religion & region based reservation for indefinite period speaks volumes about our hypocrisy & selfish interests rather than any national good.

Caste based, religion based reservations and region based reservation are fundamentally flawed and will not be acceptable in any sane society and will be detrimental to unification of diverse India.

Today, in order to progress we must dismantle all types reservations except those of 30%, for women and protect economically poorer people irrespective of of caste creed or anything and provide them with free training & financial assistance to compete in the level playing field. Otherwise we won't be able progress as a Nation.

An Example: 
A candidate appeared for PG Medical Exam in AP some years ago. Even though he obtained 1st Rank, he could not get seat of his choice in the college he desired i.e. MD (Radiology) in Osmania Medical College due to rostering & reservations.