Monday, June 27, 2011

Constitution and the Government


We seems to be having problem in exercising/ fulfilling the obligation proscribed in the constitution, let us go through the fundamental Duties casts on each one of us by the constitution and the difficulties we are facing to uphold the sprite of the constitution.

Article 51A, of the Constitutional address the issues of the fundamental Duties of each one of the citizen, there are 11 duties constitution makes mandate on the people, the Article 51A states as fallows:- “It shall be the duty of every citizen of India:-
  1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem
  2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. to uphold and protect the sovereignty, unity and integrity of India;
  4. to defend the country and render national service when called upon to do so;
  5. to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
  6. to value and preserve the rich heritage of our composite culture;
  7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
  8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. to safeguard public property and to abjure violence;
  10. to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;
  11. who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

The question is how do we fallows the duties castes on us by the constitution, for example,
Article 51A (b) “to cherish and follow the noble ideals which inspired our national struggle for freedom,” if we literally want to implement and practice this duties, each one of us will be put behind bars. I remember Dr. Kannabiran (who is no more with us) has addressed an argument in A.P. High Court while defending the alleged Naxlite, he said “ our freedom struggle was not just a non-violence struggle it has both violence and non-violence struggle, if one accept People like Bagath Sing, Chandrasekar Azad, Subash Chandra Boss, who are the prime people in the Indian freedom struggle then what Naxlite are doing is the same respecting Article 51A(b) of the constitution which each one of us have the duties bound to do it”.

Forget that, It may be to extreme to do or implement by us in the manner stated/ interpreted by Dr. Kannabiran, what about Article 51A (g)? which says, “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures”; can some one tell me how do we achieve this, is this practically possible in today context, what is happening in Chhattisgarh today for the Raigarh-based environmental and RTI activist, Ramesh Agarwal and Gare-based who are “For years now using the RTI to peruse documents from the union and state governments to prove that the Jindal group of industries has been violating environmental and revenue laws. The group, headed by Congress MP, Navin Jindal, owns and operates several large industries and coal mines around Raigarh, very polluting sponge iron plants and power plants. More recently Patel and Tripathi joined Agarwal’s crusade against Jindal. This led to issuing stop-order on Jindal's 2,400 MW coal-base power plant expansion plan, by the the Ministry of Environment and Forest’s (MoEF). The Plant construction was started without MoEF’s environmental clearance and on Chhattisgarh Mineral Development Corporation’s land. Based on Agarwal’s letter written in March 2010 highlighting these irregularities, MoEF was forced to act against Jindal. Can we cay his action was in contrary to Article 51A(g) of the constitution? Or what he did is in discharging the duties proscribed in the constitution.
If government want to book false case and keep them in the custody how will they discharge the duties proscribed in the constitution?

Why only Chhattisgarh, what is happening in Karnataka, A PUCL member Prof. Hasan Mansoor who is very well know for his action and commitment for the issues of human rights are also being targeted just because he questioned the atrocities committed on the minority community people in Karnataka. He has been branded as Left Extremist Wing and a Naxlite. And cases like sedition and waging war has been booked against the another PUCL member Ms Rati Rao from Mysore for publishing the fact finding report on the police violence/ encounter killings of poor/innocent tribal who are fighting for their rights to land and right to forest in which they are living for ages now. That being the case how do we even uphold the Article 51A(g) of the constitution?, forget the Freedom guaranteed under article 19 of the constitution.

Article 51A(b) and (g) may appears to be extreme for an ordinary person, in the name of development we should not talk about the destruction of the forest, river, hills, tribal's and farmers eviction from their own land. These are part of the development plan of larger section of the people, let some people loose for the gain of the larger public. And lets us suspend the both duties stated in the constitution for now and we restrain from talking about these issues concerning the destruction of the forest, river, hills, and eviction of trible's, farmers. Are we in capable of implementing the other duties stated in the constitution?
My Answer is 'NO'.

let me take you through the two other important duties stated in our constitution:
    51A (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
    And
    (h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
What are we seeing in today's governance/ politicians, Nepotism, favoritism, corruption, fundamentalism. If one talk about the equality he/she branded as communist. This reminded me the statement made by the Guru Golvalkar in his book 'Bunch of Thoughts' in a chapter titled 'Internal enemies' makes 3 different groups which are 1) Muslims, 2) Christians, 3) Communist, what the government is doing is the same, propagating the RSS Ideology, and silencing the voice against the RSS Ideology, the amount of money being sent to Matt's are the example for what the government is doing I need no explanation for this.

We are all aware of what our C.M's Mr. B.S. Yeddyurappa and his campaigning to go to Manjunath Temple in Dharmasthala and swear on the god on the issues opposition is stating. Is not this is in contrary to the Article 51A(h)?

Its clear at least from the government side that do not fallow the duties stated in the constitution. If you do so you will have trouble. And at least in this the government is literally implementing in what it is preaching to people! but the only difference is that, implementation is completely in contrarily to our constitution, in letter and sprite. 
J

Friday, June 17, 2011

Cross examination


I and Harish went to Puliani and Puliani, (my regular book seller) today after the court and got few new books for our library on criminal law. I was reading the book in which talked about the Principal of cross examination, I came across fallowing example thought I will share with you all:

Q. Doctor, you say you are a practicing physician. Have you practiced your profession in the city of Chicogo for any length of time?

A. Yes. I have been in practice here in Chicago for about forty-years.

Q. Well, doctor, during that time I presume you have had occasion to treat some of our most prominent citizens, have you not?

A. Yes I think I have.

Q. By any chance where you ever called as a family physician to prescribe for the elder Marshall Field?

A. Yes, I was his family physician for a number of years.

Q. By the way, I haven't heard of him lately. Where is he now?

A. He is dead.

Q. Oh, I 'm sorry. Were you the family physician of the elder Mr. Mc.Cormic?

A. Yes also for many years.

Q. Would you mind my asking where he is now?

A. He is dead.

He then asked about eight or ten other whom the doctor once had treated, all of whom were dead. As the jury smiled, he looked politely at the doctor and said, “ I don't think it is necessary to ask you more question. Please step down.”

This reminded me when I was doing a trail for a boy who allegedly stolen most of the mobile in and around Mejastic. The witness who was deposing against the accused has lost his Reliance CDMA phone. I know that the CDMA phone does not come with an additional sim-card.

The witness was examined in chief and the Mobile was displayed in the court for marking. I noticed that the phone which was displayed in the court was Nokia 3310 and this phone is GSM phone not CDMA phone, but the witness was very proudly saying that he has lost the phone and subsequently police had found the phone and it was the same phone which was displayed in the court.

It was my chance to cross examine him, and I asked him.

Q. Can you tell me who is your phone service provider?
A. Reliance.

Q. When you have got the phone connection from Reliance you got this phone with out additonal sim-card?
A. Yes

Q. Have you ever tried using any other sim-card in your phone?
( he was quite proud that I am asking some silly question and in sarcastic manner answered)
A. Sir, sim-card is inbuilt and we cant insert any new sim-card and it does not function.

Q. I said, thank you, and now I will give you this phone, can you see if you can switch on the phone and make a call?
(now he realized that the phone which is in the court hall need sim card and did not know what to do, the battery was re-pleased now he tried to switch on and said)

A. it's asking for simcard.

I said thank you very much please come down.

Thursday, June 16, 2011

Education


I am still unable to make a habit to write the blog every day, there are day and there are reasons, which makes me unable to write blog on the daily basis, but I will try my best. I must acknowledge that there are lot more things in writings and I know writing is not easy and it need more discipline and commitment.
Yesterday Janardan from Samvada called me and asked me I could come and share what I am doing in a workshop which they were organizing for the people working with youth. I looked at my schedule and said yes, but I did not know what to talk and was thinking what would be the best to talk.
Suddenly I realize post ALF I am spending time and looking back myself. It’s good but what is that I have to speak! A conversation with my advocate friends’ day before about the possible result of the Dist Judge Exam and today morning the result was out and shockingly it was same! That reminded me of my college days and the present my teaching life in SJC and the recent evaluation.
There are many issues in our education system, it’s not equal, things are been rated based on the marks we have obtained, but we have not taught equally, there are different schools and college, there are many college and schools do not even have proper teachers that being the case how does one equate their marks with the others? This question was there for me from many days.
There are many students in the rural, why only rural even in city their main job is not to study, people like me whose first job is to work in the field and then go to school, now how do I compete with the other students whose main job is to study? That apart the kind of teaching or the kind of facility/expo students get is completely different it’s not because there were weak but the facility were not given, however they were asked to compete with the other students, how could it be possible.     
So the question I asked myself is, knowing all these, did I do justice in evaluating the answer sheets? To be honest I don’t know. I might have taken 10 mints to correct a paper which is 10 to 15 pages long. It means I read those 10-15 page in the writing which I am not familiar with, but I read understood and then awarded some marks how it could be practicable possible, I may not have more time to spend because the amount fixed to do valuating of that paper is quite low so I do not have much time. Is that correct from my part, and the system which made me to work in that condition?
I have no answer for any of these questions I hope I will find answer to those questions one day.
J

Monday, June 13, 2011

Hampi


Firday evening after I finished my work realized that the weekend has already come, and that to 2nd Saturday and Sunday! Decided to drive to Hampi.

Baghya and Ashok was calling us to come to Hospet for a long time, thought why cant we drive. I called Baghya but the phone is off, tried for Ashok and when I said he was quite exited and said come come!

It was already 10 PM Padma suggested that lets sleep and go in the morning and we did the same slept till 5AM and started to Hospet at 5.45am from our house. It was nice drive till Chitradurga, but the toll fee on the road was too much. I wonder how to travel if one keep charging for the drive we do.

It was very nice to meet Baghya and Ashok they were very happy to see both of us and it was the same for us as well. Baghya is restless women, she spoke non-stop of the region and the problem of the region the kind of atrocity committed on them, by the state, by the people, some time even by the people to whom they went for help. I know her commitment she is non-stop, when it come to her work looking at her I felt we are not even close to what she is doing at this age. I do not know if we will have the same strength at that age for us, she is inspiration for many people to do that kind of work.
I had been to Hampi number of time, each time I have discovered some thing or the other thing, there is so much to see there is so much to learn.

What fascinated me this time is the tunnel in which one can easily retreat and attack the enemy the idea in which it was constructed the talent in which it has been built, is what made me to think of the people who lived in that time, I think they were far far away from us and our technology.

The other place in which it makes me to think is that of Kamalapura lake water supply to the kingdom and specially to Kalyani where Lakshmi temple was built. The internal water canal in the fort was some thing quite advanced and unbelievable. There science and technology no less then the since technology in which we are talking today. Every person has some thing to learn every time one visit to such places I wish our History teacher has taken us there when we are studying the history specially Vijayanagar history, I wish our since teacher taken us to this place to see and make us to understand the irrigation system, drainage system.

Next day Dosa and the Chatni and the Dosa maker strength was telling us some thing more about this people and it is what we miss sitting in the city.

We wanted to drive back we tossed the coin to chose the rote, 3 times! For some reason I wanted to come through Ballari and finally did. Suddenly remembered a friend of mine is in Balllari, and decided to call him for proper direction! He blasted me and insisted me to come home for lunch. We did accordingly, wow Obbatu, Chikan, Ragi Ball, much more.......... later realized what we were missing:)

what is import is still there are people who respect the people,
still there are people who believe and respect the relationships,
still there are people who care for others,
still there are people who are doing some thing good.

J

Friday, June 10, 2011

on 9th June



Yesterday was the election for the Karnataka bar council, between bar council election and the court was bit tired. When the rain come at 4.40PM decided to go home since there was invite form Poornima to attend her marriage get together, thats the reason why I could not write the blog. I Must tell the funny thing happened in the court:

Was siting in the 3rd row in one of the court room and there were few advocates sitting in the 2nd row as well, as usual was waiting for my case and this guy who was siting in the 2nd row was teasing his friend advocate. Basically he was saying that, he should not to say much when his case is called for argument, he said 'just stand don't open the mouth', if you open the mouth the application will be dismissed. I was quite fascinated in the manner he said. I thought he is jocking but seems to be he was not jocking and was serious in what he said. My matter was much after his matter so thought let me see what he is going to do.

When his matter reached he went up and stood. Interestingly he did not open the mouth except saying its a small matter and more then word his body was pleading, shockingly he got the positive order! I did not know how to respond, I thought I will also make an experiment with my newly learnt language. When my case called I stood and tried acting in the same manner, but I failed miserably in acting, judge said, why don't you do proper home work and come to court. How do I tell him that, the new language I experimented in the court hall was overheard by me in the court hall itself few minutes ego and where is the question of doing home work!


After long time today I finished the court very early today and did not know what to do with the time suddenly I got, went to Samvada had a small work finished and come to office. Was on-line for long time, thought I will ping the people and say hello to them. Saw Padma's friend we have heard each other but not met in person so far, thought I will ping and speak to her. Called her over gtalk and then over skype had a long talk, she had so much to say about Padma! Will write about it some time:)

Wednesday, June 8, 2011

8th June


Morning while going to office I was thinking what to write in the blog, suddenly I realized why I am thinking of what to write, I am not writing because I have to write, I am writing because I want to remember what happened in the day. Then thought will not think what to write but will write what happened in the day may be part.

Received few mails and comments from people it was good to hear them, and their suggestion. I have tried using some of them, but I know I have to develop more and more, and I will promise, I will try to do improve with your comments in the coming days.

After a long time today I went to Prison, was planning to go there for weeks, but some thing or the other was coming in between. Monday Ganganna had called me and insisted me to come because he wanted to refer some case for me, I thought I will go on Tuesday but was waiting for the matter so could not go. Finally, today I went and it was nice that I went, I met many of my people over there.

Ganganna's was accused in a serious case of killing police officials. He and his son are the accused among 60 other accused facing trail since last 6 years. Their bail was rejected by the High court with the direction to complete the trail with in 6 months. The 6 month time fixed by the High Court was just over but the case is still pending (hoping it will get over end of this month). He asked me a question that, he and his son want to prosecute the police for implicating them in this false case and making them to suffer in jail over 6 years. Suddenly I remember the judgment sent by one of my advocate friend from Delhi, this is a judgment rendered by SH Virendra Bhat, A.S.J., Dwaraka courts New Delhi, (SC 24/2010) in which he has directed the magistrate court to “register a case U/s 166, 193 and 195 of IPC and to proceed with the same as per law”, I wish even Ganganna's judge direct the in the same manner and make his life easy. In which case Ganganna don't have to invest time and money in prosecute the police officer who implicated him falsely in this case.

I must acknowledge his commitment to the feelings of the poor, he always try to help the poor who are in jail in a manner he can. He has refereed number of cases either for the trail or for the appeal in these year, today also he has similar case, and he brought a young boy along with him and ask me to help him in his case.

While talking to this guy I suddenly remember reading about it in paper some time in 2008. It was a case of tailor who worked and asked for the money from the owner, but the owner refused to give the money (not shore why). He came to street with out job with out money, then he decided to take revenge, went and killed her and also took some money from the home. While going out of the house he was caught hold by the police and arrested in connection with this Murder case. (but he has completely different story to say about the incident) Some time in Jan 2010 he is convected for life. He has given the paper to some advocate to file appeal, but he did not had the money to pay fee of Rs:10,000/- and the appeal is still not filed, now he has no paper, no money.

This is just one example the kind of people Mr Ganganna asks me to appear.



Tuesday, June 7, 2011

7th June

Was representing a lady who is falsely implicated in a criminal case, matter was simple but complicated.
Waited till 4.45 PM but matter did not reach when the forum about to rise thought of mentioning to post the matter for next day.
Judge asked me what is the IA filed, he seems to be irritated with the type of the IA, he immediately said "let me dismiss the petition it self!" was actually taken a back and was thinking how to respond, and said I am not interested in pressing the IA and that may be permitted to withdraw and I will address the argument on main petition itself. He directed me to file a memo in this regard, for which I said will file it right-away. He himself read the complaint (meanwhile I finished scribbling some thing on the paper for withdrawal of the IA) and immediately said its a fit case to dismiss! It was shocking again but this time I know I had finished scribbling some thing on the green sheet and hand it over to officer, with out bothering about his remarks on the dismissal.
There was a mistake in the petition it should have been interim but it has become not to arrest, I was not the author of the petition but got a free lesson, it was good, but I did not understand why he is firm on the dismissal, but its again good, because I thought I will be polite but now I know I have no reason to be polite and will address the way I normally address.
What is important or shocking or the blunt is that we often pushed in to this scenario at that movement its hard to resist or be normal. The frustration which fallows there after is some thing which can't be explained.
Which is what make me to write, I hope such frustration will come and force me to be on the blog.
J