Public Interest Litigation (P. I. L.) as a process is nascent, yet phenomenal, arrival on the Indian adjudicatory pantheon, and as a novel heterodoxy, has been hated and heralded, doubted and debated, and in the bargain, the heated exchange had driven a bitter wedge of heritage versus heresay among the higher judicial brotherhood, with the result that fratricidal trends are threatening to wreck the pharmacopial hopes of this burgeoning democracy of forensic remedies. A house divided against itself cannot stand, and if this suicidal fate accelerated unwittingly by the die-hards on the high level, were to overtake the echelons of Justice the culprits would be the Judges themselves. History, certainly, will not forgive them for this delinquency; Jesus Christ had even these quarrelling legalists in view when he warned;
“Woe unto you, scribes and Pharisees, hypocrites for ye pay tithe of mint and anise and cumin, and have omitted the weightier matters of the law, judgement, mercy, and faith; these ought ye to have done, and now to leave the other undone.”
(Bible – New Testament: St. Mathew)
2. Socially inspired, people – oriented, procedures of justice must push aside the dotage system which currently obstructs, like the laws of the Medes and Persians, the progressive arts of, innovative justicing, tuned to the conditions of the common man. The grave – stone of the old, and the corner – stone of the new, must be laid, change being a categorical imperative. In the larger perspective of history, the goals and means of justice, so integral to the Struggle for Freedom, are not the gifts of judges nor of legislatures but the compulsions of the human masses hungry for social justice. Immanuel Kant wrote, that is, apt here;
“Finally, there is an imperative which commands a certain conduct immediately, without having as its condition any other purpose to be attained by it. This imperative is categorical …………………. . This imperative may be called that of Morality. “
(Immanuel Kant – Transl. T. K. Abbott)
3. I regard P. I. L. and companion movements, as linked to the historic liberative process of remedial jurisprudence, at the service of the eternal tenants of an extortionate system.” But this new P. I. L. missile has its own potential for menace and mischief and may prove counter – productive, when the buttons are pressed by untrained fingers or unimaginative minds or by wolves in sheep’s clothing. Office, however high, does not, without more, invest expertise or empathy on the incumbent. A course on P. I. Law is useful for judges and lawyers, right now, when the new processual jurisprudence, necessitous for Third World disabilities is drawing. The constitutional concern and compassionate culture enwombed in Art. 39 – A, is alien to judicialese and must be infected into the process and personnel. The hypnotic allure of courtroom law is gone, and, with it the spell of rules and forms, and mock fights and mimic shows, we flatteringly call “equal justice under the law”. The disease of the judicial system is not “overload” and consequent collapse as apologists argue, but wrong track, wrong rules, wrong participants and wrong destination, away from our nation’s tryst with social justice destiny.
4. The radical innovations shaking up institutional conservation are not peculiar to India, even America’s melting pot of judicial justice has gone thro’ this experience. Britain, with Law Lords like Denning and Scarman, and before them Lord Atkin, has moulded, in some measure, its ground rules to match the social challenges. These new dimensions became historic, changes in the U. S., proving that essential mutations needed for institutional survival occur, when the battle of the tenses, forces the pace and process.
5. Jerold S. Auerbach, writing on “Justice Without Law?” explains the experiments with truth the American Judicial Process made when confronted by social injustices, not as Good Samaritan measures but as midwifery under social compulsions of the times. That is the dialectics of socio – legal change. It is instructive to observe the scenario, and so I quote;
“Ever since the turn of the century, however, law reformers have worried incessantly about the capacity of the American legal system to deliver on its promises. Expectations of equal justice were nurtured but they could not be fulfilled in a society where economic and political resources were unequally distributed. Constricted by political and legal binders, the progressive reform version still sets narrow limits to the possibilities for change. The more inadequacies legal institutions demonstrate, the more legal remedies are provided to cure them. Administrative agencies, legal and societies, and small – claims courts endure; but so do the problems they were designed to alleviate. Tinkering with the legal machinery by adding more lawyers and courts has not removed the disparities of wealth and power that produce its malfunctions. Periodic redefinitions of lawyers’ ethical responsibilities are a reflexive response to public criticism, not a remedy for the defects of the adversary process. The problems of injustice were passed along, a progressive legacy of failure, to a subsequent generation of law reformers, who again have turned to alternative processes to rescue the legal system from the enduring defects of limited access, high cost, excessive delay, and congestive overload.
“Justice Without Law?” by J. S. Auerbach, pp. 115 / 116.
“…………………………Courts had tried to compensate, to no avail. Their procedures, even lawyers conceded, are ossified to the point, priced to the level, and slow to the degree where they cannot flexibly assist disputants in resolving their everyday disputes.” A “tidal wave of litigation” threatened to engulf the judiciary, where all personal grievances and social issues seemed to be converted into legal claims. Amid “the growing intrusion of law on every aspect of American society” courts were asked to assume a “backbreaking burden” of supervision and regulation for which they were institutionally unsuited. Indeed, they had come to serve, “not only as lighthouses for the hopeful, but also as lightning rods for the frustrated.” Lawyers agreed that there was “too much law, too little justice,” a condition all too likely to elevate popular dissatisfaction with the judicial system to dangerous levels.”
“………………….. The Supreme Court, at least since the Brown desegregation decision in 1954, had demonstrated unprecedented sensitivity to the legal rights of disadvantaged citizens, with other federal courts trailing in its activist wake ( and occasionally prodding). As Courts impeded discrimination based on race, gender, or wealth, a generation of Americans looked to a vigorous, vigilant judiciary to enforce the Bill of Rights. The judiciary developed procedural safeguards in criminal law, protected the rights of the indigent, and expanded the right to counsel. New rules – superseding old notions of who could sue or be sued, and about what – reduced the immunity of public officials and enlarged litigation opportunities for victims of discrimination, harassment, and official law less ness. Judicial activism in pursuit of egalitarian goals was complemented by various initiatives in the public and private sectors; a new conception of “public – interest” law; a federal legal services program; class – action law suits; litigation as an instrument to try open closed institutions (prisons, schools, hospitals) to public scrutiny and government regulation. Within little more than a decade, legal representation and litigation had been transformed into vital ingredients of social justice in the modern state.”
5. (Auerbach, Supra, pp. 121 – 122)
“……………………….. Not only had the judiciary encouraged the assertion of legal claims in the interest of securing equal rights; judicial activism also thrust courts into a controversial supervisory role within institutions that had defaulted on their obligations to provide for weak, stigmatized, or incarcerated Americans. The more courts filled that “vacuum of effective authority”, however, the more they were criticized for over reaching the proper limits of their authority. On the assumption that “less courts do, the more they can do well,” courts were admonished to narrow their jurisdictional ranges as not to meddle in social problems (employment discrimination, segregation) with remedies (affirmative action, busing) that carried them beyond their institutional competence. A conservative political blacklash stung the judiciary for its aggressive protection of minority rights, equal opportunity, and extension of due – process guarantees.”
Ibid: page 122.
6. The Warren era in America is best understood in the perspective of dialectical materialism, rather than as the performance of an accidentally progressive judicial leadership. Indian judicial activism and novel methodologies, likewise, are not the merciful gifts of some judges but the procedural resultant of social forces beyond the brethren’s kin. Forensic serendipity is, in the final analysis, a response of the State to the urges of militant society.
7. The thrust of my thesis is that court justice to the common people must be organized along correct lines so that the Rule of Law may, amidst encircling injustice, breakthrough to social justice not produce compulsions by resistance. Centuries of silent submission to iniquity must now end through judicial writ.
8. Small reforms are often the enemies of greater reforms, being but formal finery leaving intact the structure of the status quo ante. What we need, in our Third World trauma, is radical change guided intelligently towards the goal of social justice in widest commonalty spread. Lord Macaulay, speaking on the Reformation bill more than 150 years ago, observed:
“Agitations of the public mind, too deep and long continued as those which we have witnessed, do not end in nothing. In peace or in convulsion, by the law or in spite of the law, through Parliament, or over the Parliament, reform must be carried. Therefore, be content to guide the movement which you cannot stop.”
(Speech on the Reform Bill,
September 20, 1831)
9. Surely, Public Interest Law and Litigation, being a challenge to the status quo, granting a visa to the masses, militantly demanding social injustice from the hallowed halls of court, must inevitably produce resistance from the professions which, in their praxis, are conspiracies against the laity. P. I. L. as a movement, cannot be arrested and social action groups cannot be suppressed even if some judges, administrators and establishment men oppose. All great truths begin as blasphemies but heresies which work for social good are assimilated as heritage. Therefore, there is hope for this new process which is fuelled by the ferment of the masses. Victor Hugo once said:
“There is one thing stronger than all the armies in the world; and that is an idea whose time has come.”
10. The Judicial Opposition must know that the time has come for strategies of people’s justice, court or no court.
11. I have often argued for Public Interest Litigation as a necessary forensic mass movement, not as a freak judicial wonder. It is also my case that the strength of the movement depends not on court rulings but on people’s backing, legislatively converted into solid statutory authority.
12. Today, despite judicial pronouncements, Benches disagree and the best evidence of this conflict is the skeptical, yet sensible formulation by Justice Venkataramiah and Fazal Ali of 10 questions for the authoritative consideration of the Constitution Bench of the Supreme Court. These questions cannot be ignored, or by – passed, but must be faced squarely or resolved legislatively. I set them out as they are revelatory of the current confusion and the need for normative clarity;
(1) Should this Court take notice of such letters addressed by individuals by post enclosing some paper cuttings and take action on them suo motto except where the complaint refers to deprivation of liberty of any individual?
(2) Should such letters be sent to the Supreme Court Legal Aid Society by the Registrar with a request to examine whether there is any prima facie case which requires to be considered by this Court and if there is such a case to file a formal petition against appropriate parties after collecting necessary material?
(3) Can a stranger to a cause, be he a journalist, social worker, advocate or an association of such persons initiate action before the Court in matters alleged to be involving public interest or should a petitioner have some interest in common with others whose rights are infringed by some governmental action or in action in order to establish his Locus Standi to make such a complaint?
4 (a) Can the Court take action on such letters though there is no prima facie case of infringement of any fundamental right?
(b) Even in cases where a fundamental right is stated to have been infringed, can this Court take action on such letters where there is no allegation that the person concerned is kept in illegal custody?
(5) Can this Court take action on such letters in matters for which remedy can be had in ordinary civil, criminal or revenue courts or other offices on the ground that a number of people are affected? To be precise, if the complaint contains an allegation of encroachment of lands of one group or tribe by any another group or tribe, can this Court direct the District Magistrate or the District Judge to enquire into the matter and to make a report to this Court? Or should the parties be given necessary legal aid and referred to a legal court having jurisdiction over the matter?
6. Can this Court take action on letters addressed to it where the facts disclosed are not sufficient to take action? Should these letters be treated differently from other regular petitions filed into this Court in this regard and should the District Magistrate or the District Judge be asked to enquire and make a report to this Court to ascertain whether there is any for further action?
7. If after investigation, it is found that by such a letter a baseless complaint had been made, should not costs be imposed on the person who had written it? Can he be treated differently from others?
8. Should a petitioner who has an interest in common with others whose rights are alleged to have been infringed be exempted from paying court fees and from all other relevant rules of the Supreme Court when he writes a letter to this Court complaining about such infringement? Should all the relevant rules be suspended when a complaint is made through a letter?
9. If this Court can take action on such letters in such informal way, why should not the High Courts and other courts, authorities and officers in India also act in the same way in all matters?
10. Would such informality not lead to greater identification of the Court with the cause that it would be when a case involving the same type of cause is filed in the normal way?
13. Even a Bench, known for its pro – P. I. L. slant, agreed about the need for judicial caution and recently uttered a warning:
“Public Interest Litigation is a weapon which has to be used with great care and circumspection and the judiciary has to be extremely careful to see that under the guise of redressing a public grievance it does not encroach upon the sphere reserved by the Constitution to the executive and the legislature.” “If the executive is not carrying out any duty laid upon it by the Constitution or the Law, the Court can certainly require the executive to carry out such duty and this is precisely what the Court does when it entertains public interest litigation.” The judgement added that, if the poor and the underprivileged were deprived of their social and economic entitlements, the Court” certainly can and must intervene” to stop the exploitation or injustice.
14. When the Court passes any orders in the Public Interest Litigation, it does so not with a view to mocking at legislature or executive authority or in a spirit of confrontation but with a view to enforcing the Constitution and the law……………………………. But at the same time, the court cannot usurp the functions assigned to the executive and the legislature”, the judgement clarified:
“It also stressed the role of letter petitions. This is an “innovative strategy” evolved by the court for providing easy access to justice to the weaker sections and it is a powerful tool in the hands of public – spirited individuals and social action groups.”
(Indian Express, 22.4.85)
15. Anti Public Interest Litigation Judges and their extra – judicial patrons are scared by the mob and are fighting a last ditch battle to end the ‘populist” entry of the masses into the esoteric of legal justice. But the writing on the wall is clear although “to see what is in front of one’s nose needs a constant struggle.”
16. Informality per se is not violative of fair procedure. Even so, broad guide – lines are required to be observed by the Court lest it should be derailed into unwitting error or injustice. An anonymous letter or a pseudonymous communication, if a hoax or howler may bring the Court into ridicule unless its jurisdictional exercise is preceded by some preliminary verification about the variety of the grievances. Access to justice must be liberal but not frivolous, easy but not irresponsible. Therefore, some cautionary rules are necessary before action follows upon informal communications. Those in dire distress and extreme disability may reach the Court without restrictive formalities. Once the court cognizes the grievance, there must be some machinery which may not be fail – safe, but must give prima facie assurance that the litany of woes is not a pack of lies, not tremendous trifles painted as horrendous crimes nor blackmailing tactics by motivated “P. I. L. – professionals. It is essential that the fundamentals enshrined in Article 14, 21 and 39 (A) should not be frustrated by judicial imbeciles not brazenly ignored by the arrogant or orthodox Judges. If the jurisprudence of public interest law were codified, all judges will obey. The law governs Judges too otherwise, the Court must be saved from the Judges.
17. To ascertain whether a prima – facie case for action exists, it may be worthwhile to have referral bodies, viz. social action groups with credentials or other approved organizations which may be asked to verify facts on the court’s authority so that any officious busybody may not walk into Court and waste its time. Let me hasten to add that no official censorship of public interest bodies should be allowed? That benumbs, even kills, the fearless processes of voluntary agencies. Should we not have a net – work or organs and organizations, socially sensitive and engaged in public work and welfare activities, approved in some form or other, which may enjoy entitlement to invoke the P. I. L. jurisdiction of the Court?
18. When the country clamours for abolition of court – fee which is a kind of state business in justice nothing is lost by non – insistence on payment of court – fee in P. I. L. cases. Similarly, when litigants are suffocated by formalism and legalism, exotic, and expensive, nothing is lost by relaxing rigid rules and accepting in – formal communications. Procedural asphyxiation is anathema for people’s remedies. When fundamental rights are in peril procedural literalism is contra – constitutional. Even so, some norms, some forms, some minimal scrutiny, some preliminary investigation by a social action body, may be appropriate, taking care to see that justice is not stiffed in the process.
19. Most important of it is the danger of inexperienced, indiscreet, or embarrassingly naive use of judicial power whereby public interest litigation becomes a menace to Public Administrative of an illusion for the people. Judicial usurpation erodes constitutional division of powers among the different instrumentalities. Our country has not entrusted governance to justices or legislation to Courts. It is therefore, of critical significance that the Judges keep within constitutional bounds but act without fear or favour and with commitment to the people when injustice plays havoc with their rights, even if the Executive and the Legislature sanction them.
20. P. I. L. jurisprudence has yet to grow into democratic maturity so that the jurisdiction may not stultify the service – oriented status of the judicature. Judicial pusillanimity and ‘robed’ audacity are both grave risks. “Fools rush in where angels fear to tread.” But judicial experiments cannot be scared away by shouting that “a little knowledge is a dangerous thing”. T. H. Huxley’s wisdom is assurance enough:
“If a little knowledge is dangerous where is the man who has so much as to be out of danger?
(On Elementary Instruction
In Physiology, 1877)
21. `Let us take a look at a few instances of P. I. L. in action and search for parameters. The dynamism of this judicial development cannot be strait – jacketed without mayhem to its healthy growth. Even so, when illiterates and miserables hopefully ask for relief from oppression, action backed by judicial authority is necessary. Merely forwarding such petitions to concerned authorities for appropriate relief is to study the power. A court is not a post office but a sovereign power which commands and claims compliance. Courts order, not entreat. So, judicial writ on people’s supplication, if they justify legal action, must not be mere meek recommendation, but dignified directives to be disobeyed at one’s peril. Unfortunately, many judges betray weakness and frustrate expectations. I know some ministers, in arrogant disrespect, publicly insult judges as being busy issuing writs regarding mosquitoes and flies. Read Ratlam Municipality case and we then know, the punitive potential the courts command, reinforced by the mandates in the constitution and the laws. What we want is not judicial mendicancy before the bureaucracy but the fear that violation will involve coercive consequences.
22. Pro bono litigation, in its awakened immensely and people factor, is liable to be misused in many ways. Every common cause is not people’s cause. If a hundred members of big business houses, wearing the P. I. L. mask, move the court thro’ letters or telegrams or otherwise and ask for judicial writ to reduce recently hiked air fare or to introduce air – conditioned railway travel facilities or helicopter services between downtown and suburban centers or to resist restrictions on multi – storeyed concrete canyons for industrial offices, there may be ment in the litigation but it cannot qualify as P. I. L. The millions in misery are qualitatively different from lachrymose millionaires, litigatively speaking. The first category can afford sophisticated rules and hire five – star advocacy and win if the law is clearly on their side. The less miserables, on the other hand are eligible for all procedural indulgence and judicial liberalism, relaxing rigidities of formalities and even helping collect facts and secure amicus curiae services to make up for legal illiteracies and other disabilities.
23. In short P. I. L. jurisprudence and the correlative compassionate jurisdiction are a judicial dimension of social justice and a forensic expression of the nation’s promise ‘to wipe every tear from every eye’. Social conscience shifts the center of gravity of judicial – political power. Once we “the People of India” take over, power moves towards the masses and this jural imperative must be mirrored in the court processes. There will be sound and fury against this social justice connotation. But in the great strides of political march – and law is an expression of this transformation, not abstract justice in isolation – history tells us that “the dogs may bark but the caravan will pass”.
24. Now to another disquieting branch. The shocking Delhi massacres, following upon the savage assassination of the late Prime Minister, led to a demand for judicial enquiry into the macabre events, which, when turned down by the Executive, came to court and became challenge to judicial jurisdiction. Likewise, though under dissimilar provocation, the police forces running berserk and communal riots rocking Ahmedabad, petitions were moved in the Gujrat High Court for a judicial enquiry into the “excesses”, which had been rejected by the State Government. Judges may disagree on the discretionary exercise of power in a critical situation but must be agreed on its existence lest there should be confusion on the fundamentals of jurisdiction itself. And yet, absent parliamentary mapping out of the scope and extent of judge power in dilemma there is likely to be chaos in the cosmos currently which will demoralize the consumers of justice.
25. The Delhi High Court, after swinging from “yes” to “no” and an ugly public display of discord, ruled that even when we mass violation of human rights was alleged and State inaction or abetment of crime was imputed, a public enquiry into this functional failure of the Executive, in fire – fighting to protect fundamental rights was out of bounds for “robed” power and entirely for the State’s assessment of expediency and political discretion to show the green and red signal. The larger power under the Commissions of Enquiry Act, 1952, may not inhibit the prerogative power of the court to watch dog, monitor and redress wherever the guaranteed great rights are gored and helpless human masses demand habilitative justice or protective writ. If this sentinel jurisdiction is real, policing the police and overseeing State omission and commission come within its orbit. Sometimes, the court may, as an ancillary measure in aid of or effectively to appreciate the facts and mould in writ, direction or order or even as a final relief to enable the citizen to assert his fundamental rights or remedy the injuries, appoint a commission acting under its control and armed with its authority, to enquire and report. Of course, the power is available when the State is the alleged delinquent and no ready alternative remedy is available. If two mafia gangs fight, the court does not enter the scene with a commission of enquiry save where the State resorts to discriminatory sides or partisan silence or functional arbitrariness. The Gujrat High Court, in a tense situation charged with fatal tumult and alleged police tantrums and lawless excesses, responded, after hearing the State, by issuing a Commission for fact – finding. How jurisprudentially delicate and difficult this judicial power is may be guessed from the excerpts given below from a newspaper report of the recent Supreme Court proceedings in an appeal relating to the Gujrat violence where the High Court had issued a Commission of Inquiry to visit and report about the horrendous happenings:
“The Gujrat Government which questioned the jurisdiction of courts to order inquiries into cases of riots on Wednesday sought a day’s time from the Supreme Court to rethink its stategy.”
26. The State Government had to face severe strictures from the judges for challenging the High Court order setting up two inquiry commissions after the riots in Ahmedabad when police allegedly ran amuck and cut off power and water and attacked women and children in their houses.
27. The Supreme Court itself, after tell – tale vacillation and brave talk reflected over the riddle and left the problem to be resolved by the High Court itself. Wasted labour, lost opportunity, and we are back to square one.
28. No hard and fast rule can be laid down regarding the court’s mode of exercise of jurisdiction, especially in emergency situations or where government hostility may well spoil the game. Judicial strategy, if motivated or ill – timed or aggravatory of the crises, may well boomer and, But, the extraordinary power itself tho’ exceptional, is unexceptionable.
29. But tactical blunders by a hallowed authority which has no public accountability and no liability for the public damage it may inflict by wilful or unwitting error will result in administrative, parliamentary or popular reaction. Restraint is of the greatest moment when courts use rare powers. Supposing the commissions of the High Court while taking photographs or interrogating people in the midst of crises of violence get shot by extremists in Assam or Punjab or Gujrat or Bombay, strident criticism of this bizarre power as a remedy which magnifies the malady may rise, and counsel and their romantic rhetoric about judicial magic will hardly avail. When people find judges anti – governmentally prejudiced or poor generals in the battle for social justice, the myth of judicial neutrality and the truth of robed bias, so long as they are safe, are hard realities. Where the “brethren” are politicized and “personalised” in their approach, in temperate in their tongues and pen and survive on a halo rapidly being liquidated by judicial arbitrariness on and off the bench, the institution loses authority.
30 Two golden rules alone may be safely stated regarding P. I. L. First, the court has jurisdiction, “even amid the clash of arms”, to issue processes, including commissions for collection of facts, as essential steps of justice in fulfilling itself as the sentinel on the qui vive regarding, citizens, basic right. Second, the greatest care and vigilance, responsibility and sensitivity are needed before the extraordinary jurisdiction in P. I. L. goes into action. In the last analysis, “the Golden Rule is that there are no golden rules”, and while excess may be the enemy of success, necessary access and exercise are of the essence of judicial presence and functional praxis. What is needed is more research in the field of P. I. L. jurisprudence and courses in these developing branches. A common coalition of ignorance, arrogance and authority is a frequent phenomenon in politics but is gaining dangerous access to judistics (Judicial power politics). Judicial exudation in the social science of people’s justice is implicit in the constitutional creed that courts are the defenders of Right against Might, of freedom against tyranny. We are passing thro’ formative days of a new jurisprudence and precedents in furtherance of people’s freedom must now be created.
If you wish our Republic to fill the bill where
“A man may speak the thing he will.
A land of settled government,
A land of just and old renown,
Where Freedom slowly broadens down
From precedent to precedent”.
It is time to think of “What Next in the Law? Public Interest Litigation is on the agenda.
A. LOCUS STANDI AND STANDING OF PETITIONERS WHO HAVE NO CAUSE OF ACTION IN PERSON:-
1. ` That Judges Appointment and Transfer cases were dealt with in S. P. Gupta and others versus Union of India and others, A. I. R. 1982 S. 149, 1981 (Supp) S. C. C. 87. In this case, it was laid down by the Supreme Court that if any person or determine class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the Court for relief, any member of the public can maintain an application for an appropriate direction, order or writ in the High Court under Article 226 and in case of breach of any fundamental right of such person to determine class of persons, in this Court (i.e. Supreme Court) under Article 32 seeking judicial redress for the legal wrong or injury caused to such person or determine class of persons.
Their Lordships observed as to Locus Standi of the petitioners that it may “now be taken as well established that where a legal wrong or a legal injury is caused to a person or to a determinate class of persons by reasons of violation of any Constitutional or legal provision or any burden is imposed in contravention of any constitutional or legal provisions or without authority of law any such legal wrong or legal injury or illegal burden is threatened.
Where the weaker section of the community are concerned such as under trial prisoners languishing in jails without a trial, inmates of the protective homes in Agra or Harizan workers engaged in road construction in the district of Ajmer, who are living in poverty and destitution, who are barely making out a miserable existence with their sweats and toils who are helpless victims of an exploitative society and who do not have an easy access to justice, the Court will not insist on a regular writ petition to be filed by the public spirited individual exposing their cause and seeking relief for them. This Court will readily respond to a letter addressed to such individual acting pro bono publico – it is true that there are rules made by this Court prescribing the procedure for moving this Court for relief under Article 32 and they require various formalities to be gone through by a person seeking approach to this Court. It must not be forgotten that procedure is but a hand – maiden of justice and the cause of justice can never be allowed to be thwarted by any procedural technicalities. The Court would therefore unhesitantly and without the slightest qualms of conscience case aside the technical rules of procedure in the exercise of its dispensing power and treat the letter of the public minded individual as a writ petition and act upon it. Today a vast revolution is taking place in the judicial process, the theatre of the law is fast changing and the problems of the poor are coming to the fore front. The Court has to innovate new methods and device new strategies for the purpose of providing access to justice to large masses of people who are denied their basic human right and to whom freedom and liberty have no meaning. The only way in which this can be done is by entertaining writ petitions and even letters from public spirited individuals seeking judicial redress for the benefit of persons who have suffered a legal wrong or a legal injury or whose constitutional or legal right has been violated but who by reason of their poverty or socially or economically disadvantaged position are unable to approach the Court for relief, it is in this spirit that the Court has been entertaining letters for judicial redress and treating them as writ petitions and the hope and trust that the High Courts of the country will also adopt this pro - active goal oriented approach. But we must hasten to make it clear that the individual who moves the Court for judicial redress in cases of this kind must be acting bona fide with a view to vindicating the cause of justice and if it is acting for personal gains or private profit or out of political motivation or other oblique consideration, the Court should not allow itself to be activised at the instance of such person and must reject his application at the threshold, whether it be in the form of a letter addressed to the Court or even in the form of a regular writ petition filed in Court”.
2. That the petitioner most humbly submits himself and states on oath that he is not acting for any personal gains or private profit or out of any political motivation or other oblique consideration.
Saturday, August 15, 2009
Vedic culture of Britain, let us start with the very name England
1. That to trace the underlying Vedic culture of Britain, let us start with the very name England. That is of Hindu, Sanskrit origin. To understand this let us turn to the French who have an older and more continuous civilization than that of the British. The French word for English and the English people is ‘Anglais’. The terminal ‘s’ is silent and therefore the name is ‘Anglai’. This is the Sanskrit word ‘Anguli’ i.e. a finger. That Ancient Hindu Explorers and administrators who fanned over a virgin Europe looked across the English channel and called the British isles ‘Anguli’ (‘sthan’ or ‘desh’) i.e. a finger – size, finger-length. If one imagines Europe to be a palm-size, palm-shaped continent Great British appears to be an ‘Anguli’ namely (an extended) finger. That the terminal ‘land’ stems from Sanskrit Sansthan as we shall presently explain. The Sanskrit word ‘granthi’ is spelled as ‘gland’ in English. Likewise the Sanskrit word ‘lamp-sthan’ os lamp-stand in English. That proves that the Sanskrit terminations ‘anth’ and ‘than’ change to ‘and’ in English. Therefore Angulisthan came to be spelled in English a Anguliand alias England. That In Sanskrit the suffix ‘ish’ signfies something ‘in the style of’. In English too the suffix ‘ish’ retains its original Sanskrit meaning. Take the Sanskrit word ‘baal’ signifying a child. The suffix ‘ish’ when added to the Sanskrit word ‘baal’ the derivative ‘baalish’ mean exactly what ‘child-ish’ means in English. By this rule the language of the Anglai people (or land) came to be known as Anguli-ish i.e. English. Therefore Anglai and Angulish (i.e. English) are Sanskrit words deriving from ‘Anguli’.
2. That the word Britain too is of Sanskrit origin. The Sanskrit term was Brihat – Sthan i.e. the Great Isles. In course of time Brihatsthan was corrupted to Britain in popular speech. That Britain itself signified ‘the Great’ isles was forgotten but the memory of ‘greatness’ persisted while the Sanskrit connotation was forgotten. That led to the addition of the objective ‘Great’ which explains the current name Great Britain.
3. That this has a parallel elsewhere. The name ‘Nile’ (pronounced ‘Neel’) was given to the Egyptian river by Indian explorers struck by its blue waters. Later its Sanskrit meaning was forgotten. Nile (Neel) was taken to be a proper noun and the adjective ‘Blue’ was added to it leading to the current name the ‘Blue Nile’.
4. That the term Anglo-Saxon is Sanskrit ‘Angla Saka Sunuh’ implying the descendants of the Sakas in England. Surnames like Peterson, Anderson, Jacobson are of the Sanskrit, Hindu tradition of describing a person as son of such and such. In some cases the English ending ‘Son’ is the earlier Hindu ending ‘Sen’. Thus Anderson is the English corruption of the Hindu name indrasen. Ireland is Arya Sthan and Scotland is Kshatra-sthan. Wales in Sanskrit signifies a seaside region.
5. That Hindu temples abounded in ancient Britain when Vedic culture pervaded the West. It has been already explained above that place-names ending in ‘shire’ testify to the existence of Shiva temples. Ancient Hindu temples lie in unrecognizable ruins throughout Great Britain and Ireland. Christian fanaticism prevents modern European scholars from publicizing them. One such famous temple existed on the Hill of Tara, alias Taragarh, (in today’s Indian parlance), in Ireland. The Hill of Tara consequently a sacred site on which Sanskrit-speaking Hindu Kshatriya kings used to be crowned for centuries. A 5000 years-old Vedic temple was discovered late in 1997 A. D. in Stanton Drew village in Somerset. The ochre-colour of sacred Vedic tradition is represented in the tunics of that colour worn by the British sovereigns Bodyguard.
6. That in Britain also had temples of ochre-coloured stone as are common in India. One such stone known as the Stone of Scon is of such holy, hoary Vedic antiquity that is forms part of the throne on which every British sovereign is crowned. Garg was a Vedic sage who had his hermitage-school in Britain. His name is currently malpronounced by British people as Jorje through spelled as George. Another famous temple is the wel-known stonehenge. It has been carbon-dated to be of 2000 B. C. The temple has astronomical marking to chart the raising and setting of the sun and moon. Its presiding deity used to be taken in a procession to the Avon river three miles away. The deity was so consecrated as to be illumined by the rising sun’s rays on the longest day. These are all hindu Vedic traditions. Ancient churches throughout Great Britain and Europe are astronomically oriented which proves that they are captured Hindu temples since Hindus were the only people known to be shaping their lives day after day on astronomical considerations at that remote age. The information about the Stonehenge and its above-mentioned implications is recorded in the Encyclopaedia Britannica.
7. That an American professor, Lyle Borst has in his book titled ‘Megalithic Software’ adduced that the Westminister Abbey and St. Paul’s in London occupy the sites of ancient of ancient sun and moon temples respectively. Godfrey Higgin’s book titled “The Celtic Druids” leads valuable evidence indicating that Hindu had colonised the British isles long before the Roman conquest. That book, published in 1829 A. D. is available in the British Museum library in London. Under Roman rule London was known as Londonium. This is a corruption of the much ancient Sanskrit terms Nondanium signifying a pleasing place.
8. That A characteristic of Hinduism is that is a universal mode of life and code of conduct which applies to all humanity from the very start of the universe. Therefore according to Hinduism entire humanity is one brotherhood and the whole globe is its common home.And since Hinduism recognizes that thinking differs from person to person ( fi.Ms fi.Ms efrfHkZ=k ) (as the Sanskrit adage goes) Hinduism does not demand any dictatorial subservience to any prophet, any scripture or any specific mode of worship or prater. Hinduism leaves everyone totally free to his or her own spiritual thinking if any, and follow any mode and timing of prayer and worship if at all. That all-pervasive and all-embracing broad-mindedness of Hinduism alias Vedic culture includes in its wide sweep, like a loving, doting mother, everybody from a stark atheist to a staunch theist unlike Islam and Christianity subjecting everybody to one prophet, one scripture and one mode of worship.
9. That From time-immemorial Vedic hermitage-schools known as Gurukulam were conducted all over the world by learned Sanskrit-speaking gurus i.e. teachers. Therefore the current English word Curriculum is obviously an English malpronunciation of Sanskrit ‘Gurukulam’. The Vedic Guru was a Neeteacher teaching Raja-neeti, Dharma-neati, Yuddhaneati etc. ‘Nee’ droppong-out from that term Neeteacher has led to the current English word ‘teacher’. The term ‘student’ is a jumble of three Sanskrit words Sa-tu-adhywant implying he (or she) is undergoing studies. Education is an English malpronunciation of the Sanskrit term adhyayan. School is an improper pronunciation of the Sanskrit word Shala as will be easily realized if the letter ‘C’ retains its alphabetical pronunciation ‘si’ Sanskrit ‘a’ is intonated in the west as ‘O’. for instance Rama changes to Rama; Papa to Pope, Naas to Nose etc. Similarly collage is the Sanskrit term ‘Shala-ja’ signifying an institution stemming from the end of schooling. Intermediate is Sanskrit ‘Aantar-madhya – stha’ (vkareZ/;LFk) meaning the period sandwiched between school and degree course. The Bachelor degree (B. A, B.Sc, B.Com, LL.B, M.B.B.S. etc.) is incongruously conferred even on married women in modern times (though the adjective ‘Bachelor’ is never applicable to women in English) because in ancient Vedic hermitage-schools all students used to be invariably unmarried male bachelors studying in Vedic Gurukulams around the world, from about the age of 8 to 25. That degree still conferred all over the world even in modern times despite the irrelevance of one’s marital status, is clinching proof of worldwide Vedic culture in ancient times. The ‘Master’ degree (M.A. or M.Sc.) is the Sanskrit Maha-Stir ( egkLrj ) signifying a higher-than-ordinary (‘Bachelor’) level.
10. That the term ‘Bachelor’ is not only the English equivalent of Sanskrit ‘Brahmachari’ but is actually a malpronunciation of that Sanskrit word as is apparent from the letters ‘b-ch-r’ common to both. Speaker addressing audiences exclaim ‘Ladies and Gentlemen’ which are Sanskrit terms. ‘Lad’ and ‘Lady’ in English are the same as ‘Lada’ and Ladi and ‘Ladka’, ‘Ladki’ darling (boy and girl) in Hindi and also ‘Laadka, Laadki’ in Marathi. ‘Gentlemen’ is the Sanskrit term ‘Santulmana’ i.e. ‘persons of balanced minds’. Soup – the opening-course of English meals is a Sanskrit word. Hence cooks at the Jagannath temple in Puri are known as Soupkars. Modern Indian languages are derived from Sanskrit because Sanskrit was the ancient spoken language of India. Similarly when modern European languages are seen to be dialects of Sanskrit it is apparent that Sanskrit was the spoken language of ancient Europe. That could be possible only if Europe practiced Vedic culture and was ruled by Hindu kings.
11. That ‘Raja’ is a synonym of ‘raja’ as may be seen in the words ‘Shiva-rays’, ‘Rai-Bahadur’, ‘Raisen’, ‘Raipur’ and ‘Rayalseema’. In the Indian Telugu language a king is known as ‘Rayulu’. King Krishna Deva Rai of the Vijayanagar empire was known as ‘Krishnadeva-rayulu’. From this it is apparent that the word ‘royal’ is the mis-spelled Sanskrit word ‘rayal’. Similar Sanskrit derivatives are dayalu (compassionate) from ‘daya’, and krupalu (favourably disposed) from ‘Krupa’.
12. That the word ‘Majesty’ is the corrupt from of the Sanskrit Maharaj-asti. The English title ‘Sir’ is Sanskrit ‘Sir’. Sir Roy Henderson is, therefore, Sri Rai Indrasen. Mr. a short from of ‘Mister’ is the Sanskrit term Maha-Stir signifying a person of a high order like Mahodaya.
13. That under the seat of that coronation chair is a shelf which holds an orange-coloured stone slab. That slab is a sacred relic associated with the coronations of British sovereigns from time-immemorial because it is a memento of royal ancient Vedic Hindu royal tradition. The stone is of the same genre and colour as the stone of the Red Forts in Delhi and Agra. Those forts were built by Hindu kings when Delhi was known as Indraprastha and Agra as Agranagar. The sacred relic known to Britishers as the Stone of Scon is the Stone of Scond (son of the Vedic deity Shiv) in whose temple in Scotland pre-Christian Vedic sovereigns of British used to be coronated. That Vedic temple having been destroyed by Christian vandals latter-day coronations have to make-do with a mere boulder from that erstwhile royal temple of ancient Vedic Britain. The term scandinavia too derives from Scond the commander-in-chief of the Divine army.
14. That in India walled-townships and forts are known as ‘cote’ which is the same as ‘Kot’ as in Siddhakot, Agrakot, Lohakot, Siakot, Akkalkot, Bagalkot, Lalkot, and Amarkot. In England too walled townships and castles still bear the Sanskrit name ‘Cote’ as may he seen in names like ‘Charlcote’ and ‘Northcote’. Likewise Agincourt in France, famous for the battle won there by King Henry III of England, is the ancient Hindu centre of fire-worship with the Sanskrit name Agnicote. Under Hindu rule, fire worship was widely practiced on the European continent and the British isles. The tradition still survives in Baletyne alias Balentine fires occasionally lighted all over Europe. The word Baletyne alias Balentine is the Sanskrit word Balidan referring to the sacrificial offering to the fire. Schoenbaum’s book titled “Shakespeare - A Documentary of His Life” carries an illustration of young Shakespeare hauled up for poaching, before Sir Thomas Lucy. In the background is the walled castle or township ‘Charlcote’. Borough is an English malpronunciation of the Sanskrit Pura since Sanskrit P of intonated in English as B. Edinburgh, the capital is Scotland is a distortion of the Sanskrit term (osnkuke~ iqje~) Vedanam Puram the township of the Vedas. The term Veda got corrupted to Edda in Europe.
15. That in British most topographical names are Sanskrit in origin. The ending ‘shine’ is Sanskrit ‘eshwar’. Indian townships are known as Lankeshwar, Tryambakeshwar, Mahabaleshwar etc. Similarly English locations are known as Lancashire, Warwickshire, Hertfordshire etc. The Sanskrit ending ‘eshwar’ spelled as ‘shire’ in modern English usage, signifies a township around a Shiva temple. Therefore the suffix ‘shire’ is proof of Shiva worship having been prevalent in England and on the continent. Specimen Shiva Lingas of those times may still be seen in the Etruscan museum in the Vatican in Rome. Christian archaeologists have suppressed those finds.
16. That the ending ‘bury’ as in Bloomsbury, Seven Bury, Canterbury, Ainsbury, Shrewbury, is the Sanskrit termination ‘pury’ (i.e. locality) as in Krishnapury, Sudampury, and Jagnnathpury. ‘P’ changes to ‘B’ as Sanskrit ‘Poat’ becomes ‘Boat’ in English Distant Thailand which has townships with indisputable Sanskrit names has townships called Cholbury, Rajbury. This proves that tracing the English ‘bury’ ending to Sanskrit ‘pury’ is not far-fetched.
17. That the ending ‘ston’ or ‘ton’ as in Kingston, Southampton, Hampton is Sanskrit ‘sthan’ as in Rajasthan and Sindhusthan, Kingston is literally Rajasthan. Waterbury, is literally Jalapury.The river ‘Thames’ pronounced as ‘Tames’ is the Sanskrit word ‘Tamasa’ since it is mostly enveloped in fog and is muddy. The river Tamasa is mentioned in the Ramayana.
18. That the river Amber in Britain gets its name from Sanskrit Ambhas (meaning ‘water’) says the Oxford Dictionary of Place Names and Proper Names. English rivers could not bear Sanskrit names unless the British isles were administered by Sanskrit speaking Vedic rules in ancient times. ‘Ram’s Gate’, London is a famous address which is reminiscent of an ancient Rama temple. In India too it is not uncommon to have a Rama – Dwar i.e. Rama’s Gate as an important, scared topographical location. Ramford has a similar derivation. Liverpool was Lavapur named after Lava a son of Rama. Names likes Sandringham, Birmingham are corrupt forms of the Sanskrit Hindu termination ‘dham’ meaning ‘abode’ with ‘d’ dropping out. Sandringdam was Sri Rang Dham. Birmingham was Brahmandham.
19. That Canterbury is a malpronunciation of the Sanskrit term Sankarpury. Therefore the Archbishopric of Canterbury was a Vedic priesthood prior to capture and conversion to Christianity around 597 A. D. The room in churches where holy clerical apparel is kept is known as ‘Vestry’ from Sanskrit ‘Vastra’ meaning appeal. The term Vestry too is purely Sanskrit and is explained as the room where Vestry (i.e. apparel) is kept is Vestry. The term ‘friar’ is of Sanskrit origin. In Thailand and other Buddhist countries which follow Sanskrit tradition a monk is known as (fra) ‘Phra’ so and so. Likewise an English monk is also known from pre-Christian Sanskrit tradition as ‘Phra’ (Fra) an abbreviation of ‘Friar’ which is the corruption of the Sanskrit word Pravar. The term ‘Saint’ is Sanskrit ‘Sant’. Biblical stanzas are known as psalms (pronounced ‘saam’) because prior to Christianity it was ‘saams’ of the Saam Veda (and other Vedas) which were recited in England and on the European continent.
20. That An idol of the Hindu Sun-god Mithras was found in the debris around the Houses of Parliament in London during reconstruction-work after the World War II bombing damage. Mother Mary of the Christians is no other than the Hindu goddess Mariamma in a Christian garb. The word ‘underling’ in English is Sanskrit ‘antarling’ signifying a smaller interior Shivling. Hindu Shiva shrines have the customary double Shivlingas. The one on the ground floor is big and prominent while the other in a pit in the nether storey is smaller and not very prominent. Similar other words in Sanskrit are antar-jnan (i.e. inner knowledge), antaratma (inner being or soul). The word ‘tantrums’ in English is derived from the Sanskrit word ‘tantra’ which indicates that Hindu mantra-tantra (religious and esoteric practice) were prevalent in ancient Britain. Minister is from Mantri.
21. That the English surname ‘Brahm’ is Sanskrit ‘Brahma’ as in ‘Brahman’. The name Abraham too derives from Brahma the Hindu name for the Creator. The English exclamation ‘Ahoy’ is the Sanskrit exclamation ‘Aho’. The English term ‘navy’ is the Sanskrit word ‘navi’. The term ‘hullo’ to is of Sanskrit origin and is found in ancient Sanskrit stage-plays when one character accosts another. ‘We’ in English derives from ‘weyam’ of Sanskrit. Similarly ‘you’ is Sanskrit ‘yuyam’. Is ‘h’ is dropped from the words ‘that’ and ‘they’ could be seen to be ‘tat’ and ‘tey’ of Sanskrit.
22. That ‘Sovereignty’ and ‘Suzerainty’ are both malpronunciations of the Sanskrit compound ‘Swa-rajan-ity (Lo jktu~ bfr) ‘Diction’ is the Sanskrit word Deekshan (nh{kka.k) meaning the ‘Deeksha’ i.e. the tuition which the Guru imparts. Therefore the term ‘Dictionary’ is Sanskrit (nh{kkarjh) ‘Deekshantari’ signifying a volume to be referred to in case any word in the given Deeksha is not understood.
23. That At the very out let me observe that there are problems and problems as there are systems and systems. Modern world systems are getting increasingly complex and consequently problems emanating from them are also getting increasingly complex with each passing moment so much so that a modern man worth that denomination cannot, like great Socrates, be content with observing that “know thyself” and the problem as such would pose no further formidable challenges. The problems of Indian Judges and Advocates, claiming our attention, query and enquiry in this pamphlet, definitely fall within the ambit of such complex problems affecting and afflicting our socio-economic-culture complex to the very marrow of its bones, to the very innermost recesses of its foundations and beings. Our systems needs judges ‘to set in judgement’ and advocates to assist them along this line to the best of their aptitude, ability and accomplishment. We have not as yet reached any-where nearer that millennium when ‘man would be a law unto himself’ without special agencies charged with the onerous task of enforcing law by interpreting its constitutional and procedural legal extent, drift and scope. But the interpreters of law are human beings conditional by great human environment that surrounds them, nay envelops them, like ‘the infinite silence of spaces’, ready to ground them to dust, irrespective of their subjective wishes and desires to the contrary. It is, thus obvious, rather self-evident that they who are charged with the stupendous and almost super-human task of sitting in judgement and assisting those in seats of judgement must enjoy a measure of freedom from oppressive human conditions, must not constantly find themselves dragged into a situation where ‘world is too much with them’, must not, in other words, be too much chained to the conditions which leave them with palsied hearts and atrophied heads devoid of real and effective leisure, so very essential for judgement that are not only just but also appear to be so. The same argument holds good with equal relevance even in relation to the persons who are charged with the complex tasks of assisting the interpreters of law in their effective discharge of duties.
24. That this being the basic and principal perspective of the problem dealt with in this pamphlet, let us examine the whole issue in essence as well as in appearance, in content as well as in form, in generic as well as in specific perspective.
25. That against the backdrop of this extensive and intensive perspective, we would like to draw the attention of our well-meaning and well-intentioned readers to the great anti-thesis that has somehow or other, attached itself to the problems outlined in its skeleton outlines. This anti-thesis of our precisely and briefly outlined thesis is quite shocking and pathetic, nay tragic. Of course, it is tragic only to those who are capable of felling and thinking and not to those who consciously or sub-consciously prefer a state of mind which refuses to have any truck whatsover with either thinking or feeling or both.
26. That What, then, are the transparent and concrete manifestations of this deeply tragic anti-thesis of our thesis? These are: (a) the great unconcern and indifference of the broader sections of our people to the real dimensions of the problem, (b) the attitude of utter complacency on the part intellectuals and the intelligentsia, supposedly the most conscious elements of our society, and (c) extreme, almost indescribable, apathy on the part of the government so much so that the problems outlined have not even been essentially cognized to this date. I say essentially because apparently there continues to be a heavy down-pour of pious utterances and sentiments, exhortations and rhetorics ‘full of sound and fury signifying nothing’.
27. That Rhetorics are very high sounding things indeed. They sometimes take even the most intelligent persons, as it were, unawares. But they are like those women in one of Carlos Williams’ poems who look dreams-like pretty while dressed but when they undress themselves, they reveal themselves as ‘no Venuses’. Rhetorics have never been effective substitutes for reality of emotions or cognitions; at worst, they have rather come to stand for empty jargons which, instead of unfolding the problem, try to cover and hide it. So in essence, though not in appearance, we arrive at a point, a turn which exhibits the conclusion of a particular way of life not with a bang but a whimper.
28. That this, in brief, is the essence, the kernel of all the rhetorics indulged in by the government, meaning here the executive, on this vexed and vexing problem of the judges and advocates. Tall and high-sounding assurances and resolutions have not brought us anywhere nearer the solution of the problem which is now assuming alarming dimensions in times characterised by soaring prices and leaping rates of inflation. Times seem ‘to be out of joints’ and the judges and advocate are bound to hear behind their backs the inflation’s winged chariot driving nearer. In not too a distant future they as well are bound to repeat the Hamletean cry “To be or not to be” is the question. But in practice, if not in theory, the executive seems to ignore this problem, or to put it more precisely, drown this problem in the sound and fury of empty rhetorics and pious resolutions having no relevance to the problem as such.
29. That all this may sound extremely paradoxical to the uninitiated but then this is the essential behaviour mode of the executive vis-Ã -vis this problem, one of the cardinal, concrete manifestations of the awfully oppressive antithesis to our briefly outlined thesis. If the above outlined anti-thesis continues to operate unchallenged we can easily visualize the likely synthesis to result from its operation to its logical conclusion. To put it briefly, this synthesis would maintain the status quo vis-a-vis the oppressive human conditions ready to ground the judges as well as advocates to dust. This would certainly be its operative part, the most effective part, which would constitute its essence, its kernel, its crux. And what would be the nature of this resultant status quo in the context of our troubled times, our times marked by soaring prices and galloping inflation and earnings basically remaining the same as before, i.e. as they used to be in normal times? This would, in practice, mean the erosion of real earning, the lessening of real emoluments. So the resultant status-quo would come practically to mean not even status quo; it would essentially mean a step backwards in terms of real earnings, a sad retrogression even in the grab of so-called status-quo.
30. That What a terrible and terrific synthesis to think of in context of fact eroding earnings, soaring prices and mounting inflation! And this is actually the synthesis that the executive is offering the judges and advocates irrespective of their pious assurance, sonorous resolutions, solemn exhortations and rhetorical recitations. And this synthesis is being presented not to commoners for acceptance, but to judges and advocates, who constitute the elite in our society.
31. That Our government has earned high fame for framing decisions which are revised in a minute without implementation. And then without a moment’s delay, as it were new decisions are arrvived at which too are revised without the least qualm of conscience. And this endless series of decisions and revisions reversed in a minute goes on with an unabated zeal which ought to have been resersed for better and higher purpose and causes.
32. That but our government has not deemed it necessary to bless judges and advocates even with decisions and revisions, which are revered without implementation. So practically this elits of our society has been left to its own fate and the oppressive human conditions have, as it were, been given full freedom to fish in the troubled waters. Thus, in relation to judges and advocates, the government, meaning executive, has been behaving in the style of the Greek mythical goddess Genuse, with her two heads, one turned backwards, meaning past, the other turned forwards, meaning future, but the utterly oblivious of what is going on in the live present. But the present is such a stubborn reality which refuses to be relegated to background, to oblivion that easily. It asserts and reasserts itself in manifold ways to the great astonishment of our executive so mush so that it enters its water-tight compartments despite the executive’s avowed intention to the contrary and plays havoc with its formulations, resolutions, decisions and revisions.
33. That so the cleverly woven and interwoven myth of governmental concern for the welfare of judges and advocates is finally exploded and forced to dissolve itself into the thin air by the stubborn and adamant realities which prove too much for the myth, including this one, Reality of live conditions chaining judges and advocates to its chariot-wheel emerges triumphant vanquishing all myths and fictions consciously or subconsciously created by the government through its various propaganda agencies and media. The naked fact, the fact and fact alone, as it were, starts staring us all into our very eyes, declaring, as it were, from the house-tops that before judges can so justice and advocates can assist them in doing justice to the best of their aptitudes, abilities and consciousness, they themselves should, nay must, receive justice in terms of actual lessening of the oppressive human conditions that continue to tell heavily on them to this date.
34. That In history of human race as well as in the memory-desire pattern of individuals who collectively constitute one of the prime motive forces of human history, myths and realities have often been juxtaposed, rather counterposed and justly so. Myths essentially constitute our memory-desire pattern, whereas the realities constitute our actual human existence, both being essentially intertwined and interdependent. But at a particular level of the development of human consciously, myths came, whether consciously or unconsciously, to be employed as so many camouflages, covering and hiding realities of actual human existence from human purview, so they became coterminous with fancies and fictions, got themselves transformed into deceiving elves, decidedly set upon the task of depriving thinking people of their capacity to think their thoughts to their logical conclusions. This consequently led to a sharp cleavage between myths and realities and a terrible shattering of the bonds of interdependent between the two. Henceforth myths stated getting juxtaposed and counterposed to realities.
35. That Our government like many other governments is fond of coverings and hiding the essence and kernel of a problem with hues of deceptive appearance, hence it is very much prone to create myths with a view to camouflaging realities. Instead of dehiding realities and thereby creating conditions for changing them into less painful, less obnoxious ones, our government has set itself the task of hiding them deeper and deeper with the aid of myths of myths of manifold types and dimensions. Of late this proneness to counterposing myths to realities on part of our government has assumed alarmingly pathetic, rather tragic dimensions. Myths are deliberately or unwillingly being offered as substituting for realities and people are asked to submit to this white and blatant lie and accept it as cardinal value, as ‘gospel truth’. And through its intensive and extensive propaganda, the government had been able to achieve a measure of success in this gory game of hoodwinking quite a considerable section of our people, ut since the government had miserably failed in checking the deepening and intensification of the crisis, the hoodwinked are fast returning back to normal consciousness in terms of getting deeply disillusioned with the myths created by the government.
36. That If this be true about broader sections of common people of our society, we can easily imagine what must be going on in the minds of the judges and advocates, vis-Ã -vis the numerous myths devised by government in order to cover and hide unpleasant realities of oppressive human conditions under which they have been discharging and continue to discharge their onerous responsibilities and duties, Constituting the elite in our society, they can learn independent of their saltish tears and bitter experiences as well to a considerable extent which common people, grounded by abysmal poverty, divided by competition and enslaved by ignorance, are unable to so, at least at the present level of development of their consciousness, their capacity to disentangle realities from myths, their aptitude to dissociate illusions and appearance from realities and essences. Therefore it can earnestly be hoped (may be it proves another from of hoping against the hope) that our government would get rid of the unproductive habit of weaving myths and fictions around the essences of the problems as so many escaperoutes from unpleasant realities for itself and so many traps for the unenlightened taking advantage of their oppressive conditions of existence. The government, however, must learn that it is wrong all along the line to take advantage of people’s miseries and subhuman conditions of their existence. It is neither in the larger interest of the people likely to be increasingly debased, dehumanised and degraded by oppressive conditions nor the government Itself, which is bent upon perpetuating these sub-human conditions knowingly, deliberately or unwillingly and spontaneously. So far as the judges and advocates are concerned, the executive will be well advised to mend its ways forthwith, to cease creating and weaving myths, fancies and fictions because try as hard the executive may, they cannot be easily hoodwinked and even if hoodwinked temporarily, they are bound to recover from this state of affairs sooner than later, leading to a greater and far-reaching crisis of confidence than the executive in its fond hopes might have mentally prepared itself for. The executive must not overstep its logical limits, it must stop its hide-and-seek game with myths and realities and face the problems plaguing the judges and advocates centrally, squarely and courageously by adopting bold theoretical and practical measures which can give this extremely essential elite of our society a considerable measure of freedom form oppressive human conditions of existence. In this connection the executive will be well-advised not unnecessarily to lift the veil of life with a view to engaging in futile acts and unproductive and barren exercise into hair-splitting. Bold, unconventional and daring decisions of practical relevance are urgently being called forth from government in order to prevent the great crisis of confidence form developing any further fissures. But if the government stubbornly refuses to read the writing on the wall, a situation is soon to develop which would not be mush to its liking.
37. That looking at the problems in generic outlines, the conclusion because irresistible that the government, meaning here the executive, somehow or other, wants the judges and the advocates to follow the famous cynical philosopher, Diogenes, if not in words then of course in deeds. Bertrand Russel, the famous British Philosopher, has summed up the life-style and behavioural mode of Diogenes in the following words :- “He decided to live like dog, and was therefore called ‘cynic’ which means ‘canine’. He rejected all conventions whether of religion, of manners, of dress, of housing, of food, or of decency. One is told that he lived in a tub, but Gilbert Murray assures us that this is a mistake : It was a large pitcher, of the sort used in primitive times for burials. He lived like an Indian Fakir, by begging. He proclaimed his brotherhood, not only with the whole human race, but also with animals. He was a man about whom stories gathered, even in his life time. Everyone known how Alexander visited him, and asked if he desired any favour. Only to stand out of my light, he replied”.
38. That Well, Diogenes who happened to be a disciple of Socrates (Antisthenes) could have lived and talked and argued along the above stated line, but ordinary mortals cannot follow into his footsteps. Thus, he constitutes more an exception than general rule, howsoever laudable. It would be fond on the part of government to cherish such notions practically and pragmatically, Further, Diogenes and they who followed him, did all this voluntarily and under no compulsion from any outside authority whatsoever. Their life-styles and behavioural modes, so to say, were conditioned by any outside or external force or compulsorily enforcing agency in the name of public decency, public code and public interest regulating the life styles and behavioural modes of modern judges and advocates in both detail and depth, in both essence and appearance, in both content and form. Therefore, the government must not even subconsciously entertain such exceptional notions as general guidelines.
39. That this generic investigation being us right to the threshold of the specifies problems plaguing the Judges and Advocates not as a super-human. Diogenes but as ordinary human beings, living and working under extremely inhuman, rather sub-human, working and living conditions. Freedom from oppressive and oppressing working and living conditions in the concrete from of freedom from wants is the thing which is most urgently, rather at an emergent level, called for in view of the fast dwindling purchasing capacity of the individuals, soaring prices and consequent erosion of incomes in terms of real, staple and stable earnings and incomes. Nature of the jobs and functions of the Judges and Advocates further necessitates this freedom from wants. It will be, I think, easily conceded that their jobs are of extra-ordinary intellectual type. Now every intellectual work presupposes degree of leisure so much so that philosopher and writers of varying orientations are agreed upon this common point despite their major divergence on other issues. Thus even Kari Marx is of the opinion that man does not live by bread alone. The famous British poet, T. S. Eliot, who would otherwise not see him eye to eye also talks in terms of “luxury of laziness” and the great British philosopher Bertrand Russel has gone to the extent of writing a learned and pleasant treatise entitles “In Praise of Idleness”. Returning back to history of theoretical thought, some of the great and towering intellectual giants of antiquity like Aristotle, Democritus and Epicurus have also praised the principal of leisure in human life in differing contexts and theorised that it is a necessary precondition for flowering of intellectual and cultural activities. The very concept of a welfare state also presupposes it in unequivocal terms. Thus it is self-evident that without minimum degree, without freedom wants, no higher intellectual pursuits can satisfactorily be carried on as a matter of general rule.
40. That but let we may not be misunderstood on this court. The petitioner is not talking of leisure independent of need as he cannot think of freedom independent of necessity-both these opposite being essentially inter-related and interdependent. We have not only looked at but also looked through the woods (generic problems) sufficiently; now let as look at the trees (the specific problems) and attempt to inter-relate the two within a factually as well as logically consistent and convincing framework
2. That the word Britain too is of Sanskrit origin. The Sanskrit term was Brihat – Sthan i.e. the Great Isles. In course of time Brihatsthan was corrupted to Britain in popular speech. That Britain itself signified ‘the Great’ isles was forgotten but the memory of ‘greatness’ persisted while the Sanskrit connotation was forgotten. That led to the addition of the objective ‘Great’ which explains the current name Great Britain.
3. That this has a parallel elsewhere. The name ‘Nile’ (pronounced ‘Neel’) was given to the Egyptian river by Indian explorers struck by its blue waters. Later its Sanskrit meaning was forgotten. Nile (Neel) was taken to be a proper noun and the adjective ‘Blue’ was added to it leading to the current name the ‘Blue Nile’.
4. That the term Anglo-Saxon is Sanskrit ‘Angla Saka Sunuh’ implying the descendants of the Sakas in England. Surnames like Peterson, Anderson, Jacobson are of the Sanskrit, Hindu tradition of describing a person as son of such and such. In some cases the English ending ‘Son’ is the earlier Hindu ending ‘Sen’. Thus Anderson is the English corruption of the Hindu name indrasen. Ireland is Arya Sthan and Scotland is Kshatra-sthan. Wales in Sanskrit signifies a seaside region.
5. That Hindu temples abounded in ancient Britain when Vedic culture pervaded the West. It has been already explained above that place-names ending in ‘shire’ testify to the existence of Shiva temples. Ancient Hindu temples lie in unrecognizable ruins throughout Great Britain and Ireland. Christian fanaticism prevents modern European scholars from publicizing them. One such famous temple existed on the Hill of Tara, alias Taragarh, (in today’s Indian parlance), in Ireland. The Hill of Tara consequently a sacred site on which Sanskrit-speaking Hindu Kshatriya kings used to be crowned for centuries. A 5000 years-old Vedic temple was discovered late in 1997 A. D. in Stanton Drew village in Somerset. The ochre-colour of sacred Vedic tradition is represented in the tunics of that colour worn by the British sovereigns Bodyguard.
6. That in Britain also had temples of ochre-coloured stone as are common in India. One such stone known as the Stone of Scon is of such holy, hoary Vedic antiquity that is forms part of the throne on which every British sovereign is crowned. Garg was a Vedic sage who had his hermitage-school in Britain. His name is currently malpronounced by British people as Jorje through spelled as George. Another famous temple is the wel-known stonehenge. It has been carbon-dated to be of 2000 B. C. The temple has astronomical marking to chart the raising and setting of the sun and moon. Its presiding deity used to be taken in a procession to the Avon river three miles away. The deity was so consecrated as to be illumined by the rising sun’s rays on the longest day. These are all hindu Vedic traditions. Ancient churches throughout Great Britain and Europe are astronomically oriented which proves that they are captured Hindu temples since Hindus were the only people known to be shaping their lives day after day on astronomical considerations at that remote age. The information about the Stonehenge and its above-mentioned implications is recorded in the Encyclopaedia Britannica.
7. That an American professor, Lyle Borst has in his book titled ‘Megalithic Software’ adduced that the Westminister Abbey and St. Paul’s in London occupy the sites of ancient of ancient sun and moon temples respectively. Godfrey Higgin’s book titled “The Celtic Druids” leads valuable evidence indicating that Hindu had colonised the British isles long before the Roman conquest. That book, published in 1829 A. D. is available in the British Museum library in London. Under Roman rule London was known as Londonium. This is a corruption of the much ancient Sanskrit terms Nondanium signifying a pleasing place.
8. That A characteristic of Hinduism is that is a universal mode of life and code of conduct which applies to all humanity from the very start of the universe. Therefore according to Hinduism entire humanity is one brotherhood and the whole globe is its common home.And since Hinduism recognizes that thinking differs from person to person ( fi.Ms fi.Ms efrfHkZ=k ) (as the Sanskrit adage goes) Hinduism does not demand any dictatorial subservience to any prophet, any scripture or any specific mode of worship or prater. Hinduism leaves everyone totally free to his or her own spiritual thinking if any, and follow any mode and timing of prayer and worship if at all. That all-pervasive and all-embracing broad-mindedness of Hinduism alias Vedic culture includes in its wide sweep, like a loving, doting mother, everybody from a stark atheist to a staunch theist unlike Islam and Christianity subjecting everybody to one prophet, one scripture and one mode of worship.
9. That From time-immemorial Vedic hermitage-schools known as Gurukulam were conducted all over the world by learned Sanskrit-speaking gurus i.e. teachers. Therefore the current English word Curriculum is obviously an English malpronunciation of Sanskrit ‘Gurukulam’. The Vedic Guru was a Neeteacher teaching Raja-neeti, Dharma-neati, Yuddhaneati etc. ‘Nee’ droppong-out from that term Neeteacher has led to the current English word ‘teacher’. The term ‘student’ is a jumble of three Sanskrit words Sa-tu-adhywant implying he (or she) is undergoing studies. Education is an English malpronunciation of the Sanskrit term adhyayan. School is an improper pronunciation of the Sanskrit word Shala as will be easily realized if the letter ‘C’ retains its alphabetical pronunciation ‘si’ Sanskrit ‘a’ is intonated in the west as ‘O’. for instance Rama changes to Rama; Papa to Pope, Naas to Nose etc. Similarly collage is the Sanskrit term ‘Shala-ja’ signifying an institution stemming from the end of schooling. Intermediate is Sanskrit ‘Aantar-madhya – stha’ (vkareZ/;LFk) meaning the period sandwiched between school and degree course. The Bachelor degree (B. A, B.Sc, B.Com, LL.B, M.B.B.S. etc.) is incongruously conferred even on married women in modern times (though the adjective ‘Bachelor’ is never applicable to women in English) because in ancient Vedic hermitage-schools all students used to be invariably unmarried male bachelors studying in Vedic Gurukulams around the world, from about the age of 8 to 25. That degree still conferred all over the world even in modern times despite the irrelevance of one’s marital status, is clinching proof of worldwide Vedic culture in ancient times. The ‘Master’ degree (M.A. or M.Sc.) is the Sanskrit Maha-Stir ( egkLrj ) signifying a higher-than-ordinary (‘Bachelor’) level.
10. That the term ‘Bachelor’ is not only the English equivalent of Sanskrit ‘Brahmachari’ but is actually a malpronunciation of that Sanskrit word as is apparent from the letters ‘b-ch-r’ common to both. Speaker addressing audiences exclaim ‘Ladies and Gentlemen’ which are Sanskrit terms. ‘Lad’ and ‘Lady’ in English are the same as ‘Lada’ and Ladi and ‘Ladka’, ‘Ladki’ darling (boy and girl) in Hindi and also ‘Laadka, Laadki’ in Marathi. ‘Gentlemen’ is the Sanskrit term ‘Santulmana’ i.e. ‘persons of balanced minds’. Soup – the opening-course of English meals is a Sanskrit word. Hence cooks at the Jagannath temple in Puri are known as Soupkars. Modern Indian languages are derived from Sanskrit because Sanskrit was the ancient spoken language of India. Similarly when modern European languages are seen to be dialects of Sanskrit it is apparent that Sanskrit was the spoken language of ancient Europe. That could be possible only if Europe practiced Vedic culture and was ruled by Hindu kings.
11. That ‘Raja’ is a synonym of ‘raja’ as may be seen in the words ‘Shiva-rays’, ‘Rai-Bahadur’, ‘Raisen’, ‘Raipur’ and ‘Rayalseema’. In the Indian Telugu language a king is known as ‘Rayulu’. King Krishna Deva Rai of the Vijayanagar empire was known as ‘Krishnadeva-rayulu’. From this it is apparent that the word ‘royal’ is the mis-spelled Sanskrit word ‘rayal’. Similar Sanskrit derivatives are dayalu (compassionate) from ‘daya’, and krupalu (favourably disposed) from ‘Krupa’.
12. That the word ‘Majesty’ is the corrupt from of the Sanskrit Maharaj-asti. The English title ‘Sir’ is Sanskrit ‘Sir’. Sir Roy Henderson is, therefore, Sri Rai Indrasen. Mr. a short from of ‘Mister’ is the Sanskrit term Maha-Stir signifying a person of a high order like Mahodaya.
13. That under the seat of that coronation chair is a shelf which holds an orange-coloured stone slab. That slab is a sacred relic associated with the coronations of British sovereigns from time-immemorial because it is a memento of royal ancient Vedic Hindu royal tradition. The stone is of the same genre and colour as the stone of the Red Forts in Delhi and Agra. Those forts were built by Hindu kings when Delhi was known as Indraprastha and Agra as Agranagar. The sacred relic known to Britishers as the Stone of Scon is the Stone of Scond (son of the Vedic deity Shiv) in whose temple in Scotland pre-Christian Vedic sovereigns of British used to be coronated. That Vedic temple having been destroyed by Christian vandals latter-day coronations have to make-do with a mere boulder from that erstwhile royal temple of ancient Vedic Britain. The term scandinavia too derives from Scond the commander-in-chief of the Divine army.
14. That in India walled-townships and forts are known as ‘cote’ which is the same as ‘Kot’ as in Siddhakot, Agrakot, Lohakot, Siakot, Akkalkot, Bagalkot, Lalkot, and Amarkot. In England too walled townships and castles still bear the Sanskrit name ‘Cote’ as may he seen in names like ‘Charlcote’ and ‘Northcote’. Likewise Agincourt in France, famous for the battle won there by King Henry III of England, is the ancient Hindu centre of fire-worship with the Sanskrit name Agnicote. Under Hindu rule, fire worship was widely practiced on the European continent and the British isles. The tradition still survives in Baletyne alias Balentine fires occasionally lighted all over Europe. The word Baletyne alias Balentine is the Sanskrit word Balidan referring to the sacrificial offering to the fire. Schoenbaum’s book titled “Shakespeare - A Documentary of His Life” carries an illustration of young Shakespeare hauled up for poaching, before Sir Thomas Lucy. In the background is the walled castle or township ‘Charlcote’. Borough is an English malpronunciation of the Sanskrit Pura since Sanskrit P of intonated in English as B. Edinburgh, the capital is Scotland is a distortion of the Sanskrit term (osnkuke~ iqje~) Vedanam Puram the township of the Vedas. The term Veda got corrupted to Edda in Europe.
15. That in British most topographical names are Sanskrit in origin. The ending ‘shine’ is Sanskrit ‘eshwar’. Indian townships are known as Lankeshwar, Tryambakeshwar, Mahabaleshwar etc. Similarly English locations are known as Lancashire, Warwickshire, Hertfordshire etc. The Sanskrit ending ‘eshwar’ spelled as ‘shire’ in modern English usage, signifies a township around a Shiva temple. Therefore the suffix ‘shire’ is proof of Shiva worship having been prevalent in England and on the continent. Specimen Shiva Lingas of those times may still be seen in the Etruscan museum in the Vatican in Rome. Christian archaeologists have suppressed those finds.
16. That the ending ‘bury’ as in Bloomsbury, Seven Bury, Canterbury, Ainsbury, Shrewbury, is the Sanskrit termination ‘pury’ (i.e. locality) as in Krishnapury, Sudampury, and Jagnnathpury. ‘P’ changes to ‘B’ as Sanskrit ‘Poat’ becomes ‘Boat’ in English Distant Thailand which has townships with indisputable Sanskrit names has townships called Cholbury, Rajbury. This proves that tracing the English ‘bury’ ending to Sanskrit ‘pury’ is not far-fetched.
17. That the ending ‘ston’ or ‘ton’ as in Kingston, Southampton, Hampton is Sanskrit ‘sthan’ as in Rajasthan and Sindhusthan, Kingston is literally Rajasthan. Waterbury, is literally Jalapury.The river ‘Thames’ pronounced as ‘Tames’ is the Sanskrit word ‘Tamasa’ since it is mostly enveloped in fog and is muddy. The river Tamasa is mentioned in the Ramayana.
18. That the river Amber in Britain gets its name from Sanskrit Ambhas (meaning ‘water’) says the Oxford Dictionary of Place Names and Proper Names. English rivers could not bear Sanskrit names unless the British isles were administered by Sanskrit speaking Vedic rules in ancient times. ‘Ram’s Gate’, London is a famous address which is reminiscent of an ancient Rama temple. In India too it is not uncommon to have a Rama – Dwar i.e. Rama’s Gate as an important, scared topographical location. Ramford has a similar derivation. Liverpool was Lavapur named after Lava a son of Rama. Names likes Sandringham, Birmingham are corrupt forms of the Sanskrit Hindu termination ‘dham’ meaning ‘abode’ with ‘d’ dropping out. Sandringdam was Sri Rang Dham. Birmingham was Brahmandham.
19. That Canterbury is a malpronunciation of the Sanskrit term Sankarpury. Therefore the Archbishopric of Canterbury was a Vedic priesthood prior to capture and conversion to Christianity around 597 A. D. The room in churches where holy clerical apparel is kept is known as ‘Vestry’ from Sanskrit ‘Vastra’ meaning appeal. The term Vestry too is purely Sanskrit and is explained as the room where Vestry (i.e. apparel) is kept is Vestry. The term ‘friar’ is of Sanskrit origin. In Thailand and other Buddhist countries which follow Sanskrit tradition a monk is known as (fra) ‘Phra’ so and so. Likewise an English monk is also known from pre-Christian Sanskrit tradition as ‘Phra’ (Fra) an abbreviation of ‘Friar’ which is the corruption of the Sanskrit word Pravar. The term ‘Saint’ is Sanskrit ‘Sant’. Biblical stanzas are known as psalms (pronounced ‘saam’) because prior to Christianity it was ‘saams’ of the Saam Veda (and other Vedas) which were recited in England and on the European continent.
20. That An idol of the Hindu Sun-god Mithras was found in the debris around the Houses of Parliament in London during reconstruction-work after the World War II bombing damage. Mother Mary of the Christians is no other than the Hindu goddess Mariamma in a Christian garb. The word ‘underling’ in English is Sanskrit ‘antarling’ signifying a smaller interior Shivling. Hindu Shiva shrines have the customary double Shivlingas. The one on the ground floor is big and prominent while the other in a pit in the nether storey is smaller and not very prominent. Similar other words in Sanskrit are antar-jnan (i.e. inner knowledge), antaratma (inner being or soul). The word ‘tantrums’ in English is derived from the Sanskrit word ‘tantra’ which indicates that Hindu mantra-tantra (religious and esoteric practice) were prevalent in ancient Britain. Minister is from Mantri.
21. That the English surname ‘Brahm’ is Sanskrit ‘Brahma’ as in ‘Brahman’. The name Abraham too derives from Brahma the Hindu name for the Creator. The English exclamation ‘Ahoy’ is the Sanskrit exclamation ‘Aho’. The English term ‘navy’ is the Sanskrit word ‘navi’. The term ‘hullo’ to is of Sanskrit origin and is found in ancient Sanskrit stage-plays when one character accosts another. ‘We’ in English derives from ‘weyam’ of Sanskrit. Similarly ‘you’ is Sanskrit ‘yuyam’. Is ‘h’ is dropped from the words ‘that’ and ‘they’ could be seen to be ‘tat’ and ‘tey’ of Sanskrit.
22. That ‘Sovereignty’ and ‘Suzerainty’ are both malpronunciations of the Sanskrit compound ‘Swa-rajan-ity (Lo jktu~ bfr) ‘Diction’ is the Sanskrit word Deekshan (nh{kka.k) meaning the ‘Deeksha’ i.e. the tuition which the Guru imparts. Therefore the term ‘Dictionary’ is Sanskrit (nh{kkarjh) ‘Deekshantari’ signifying a volume to be referred to in case any word in the given Deeksha is not understood.
23. That At the very out let me observe that there are problems and problems as there are systems and systems. Modern world systems are getting increasingly complex and consequently problems emanating from them are also getting increasingly complex with each passing moment so much so that a modern man worth that denomination cannot, like great Socrates, be content with observing that “know thyself” and the problem as such would pose no further formidable challenges. The problems of Indian Judges and Advocates, claiming our attention, query and enquiry in this pamphlet, definitely fall within the ambit of such complex problems affecting and afflicting our socio-economic-culture complex to the very marrow of its bones, to the very innermost recesses of its foundations and beings. Our systems needs judges ‘to set in judgement’ and advocates to assist them along this line to the best of their aptitude, ability and accomplishment. We have not as yet reached any-where nearer that millennium when ‘man would be a law unto himself’ without special agencies charged with the onerous task of enforcing law by interpreting its constitutional and procedural legal extent, drift and scope. But the interpreters of law are human beings conditional by great human environment that surrounds them, nay envelops them, like ‘the infinite silence of spaces’, ready to ground them to dust, irrespective of their subjective wishes and desires to the contrary. It is, thus obvious, rather self-evident that they who are charged with the stupendous and almost super-human task of sitting in judgement and assisting those in seats of judgement must enjoy a measure of freedom from oppressive human conditions, must not constantly find themselves dragged into a situation where ‘world is too much with them’, must not, in other words, be too much chained to the conditions which leave them with palsied hearts and atrophied heads devoid of real and effective leisure, so very essential for judgement that are not only just but also appear to be so. The same argument holds good with equal relevance even in relation to the persons who are charged with the complex tasks of assisting the interpreters of law in their effective discharge of duties.
24. That this being the basic and principal perspective of the problem dealt with in this pamphlet, let us examine the whole issue in essence as well as in appearance, in content as well as in form, in generic as well as in specific perspective.
25. That against the backdrop of this extensive and intensive perspective, we would like to draw the attention of our well-meaning and well-intentioned readers to the great anti-thesis that has somehow or other, attached itself to the problems outlined in its skeleton outlines. This anti-thesis of our precisely and briefly outlined thesis is quite shocking and pathetic, nay tragic. Of course, it is tragic only to those who are capable of felling and thinking and not to those who consciously or sub-consciously prefer a state of mind which refuses to have any truck whatsover with either thinking or feeling or both.
26. That What, then, are the transparent and concrete manifestations of this deeply tragic anti-thesis of our thesis? These are: (a) the great unconcern and indifference of the broader sections of our people to the real dimensions of the problem, (b) the attitude of utter complacency on the part intellectuals and the intelligentsia, supposedly the most conscious elements of our society, and (c) extreme, almost indescribable, apathy on the part of the government so much so that the problems outlined have not even been essentially cognized to this date. I say essentially because apparently there continues to be a heavy down-pour of pious utterances and sentiments, exhortations and rhetorics ‘full of sound and fury signifying nothing’.
27. That Rhetorics are very high sounding things indeed. They sometimes take even the most intelligent persons, as it were, unawares. But they are like those women in one of Carlos Williams’ poems who look dreams-like pretty while dressed but when they undress themselves, they reveal themselves as ‘no Venuses’. Rhetorics have never been effective substitutes for reality of emotions or cognitions; at worst, they have rather come to stand for empty jargons which, instead of unfolding the problem, try to cover and hide it. So in essence, though not in appearance, we arrive at a point, a turn which exhibits the conclusion of a particular way of life not with a bang but a whimper.
28. That this, in brief, is the essence, the kernel of all the rhetorics indulged in by the government, meaning here the executive, on this vexed and vexing problem of the judges and advocates. Tall and high-sounding assurances and resolutions have not brought us anywhere nearer the solution of the problem which is now assuming alarming dimensions in times characterised by soaring prices and leaping rates of inflation. Times seem ‘to be out of joints’ and the judges and advocate are bound to hear behind their backs the inflation’s winged chariot driving nearer. In not too a distant future they as well are bound to repeat the Hamletean cry “To be or not to be” is the question. But in practice, if not in theory, the executive seems to ignore this problem, or to put it more precisely, drown this problem in the sound and fury of empty rhetorics and pious resolutions having no relevance to the problem as such.
29. That all this may sound extremely paradoxical to the uninitiated but then this is the essential behaviour mode of the executive vis-Ã -vis this problem, one of the cardinal, concrete manifestations of the awfully oppressive antithesis to our briefly outlined thesis. If the above outlined anti-thesis continues to operate unchallenged we can easily visualize the likely synthesis to result from its operation to its logical conclusion. To put it briefly, this synthesis would maintain the status quo vis-a-vis the oppressive human conditions ready to ground the judges as well as advocates to dust. This would certainly be its operative part, the most effective part, which would constitute its essence, its kernel, its crux. And what would be the nature of this resultant status quo in the context of our troubled times, our times marked by soaring prices and galloping inflation and earnings basically remaining the same as before, i.e. as they used to be in normal times? This would, in practice, mean the erosion of real earning, the lessening of real emoluments. So the resultant status-quo would come practically to mean not even status quo; it would essentially mean a step backwards in terms of real earnings, a sad retrogression even in the grab of so-called status-quo.
30. That What a terrible and terrific synthesis to think of in context of fact eroding earnings, soaring prices and mounting inflation! And this is actually the synthesis that the executive is offering the judges and advocates irrespective of their pious assurance, sonorous resolutions, solemn exhortations and rhetorical recitations. And this synthesis is being presented not to commoners for acceptance, but to judges and advocates, who constitute the elite in our society.
31. That Our government has earned high fame for framing decisions which are revised in a minute without implementation. And then without a moment’s delay, as it were new decisions are arrvived at which too are revised without the least qualm of conscience. And this endless series of decisions and revisions reversed in a minute goes on with an unabated zeal which ought to have been resersed for better and higher purpose and causes.
32. That but our government has not deemed it necessary to bless judges and advocates even with decisions and revisions, which are revered without implementation. So practically this elits of our society has been left to its own fate and the oppressive human conditions have, as it were, been given full freedom to fish in the troubled waters. Thus, in relation to judges and advocates, the government, meaning executive, has been behaving in the style of the Greek mythical goddess Genuse, with her two heads, one turned backwards, meaning past, the other turned forwards, meaning future, but the utterly oblivious of what is going on in the live present. But the present is such a stubborn reality which refuses to be relegated to background, to oblivion that easily. It asserts and reasserts itself in manifold ways to the great astonishment of our executive so mush so that it enters its water-tight compartments despite the executive’s avowed intention to the contrary and plays havoc with its formulations, resolutions, decisions and revisions.
33. That so the cleverly woven and interwoven myth of governmental concern for the welfare of judges and advocates is finally exploded and forced to dissolve itself into the thin air by the stubborn and adamant realities which prove too much for the myth, including this one, Reality of live conditions chaining judges and advocates to its chariot-wheel emerges triumphant vanquishing all myths and fictions consciously or subconsciously created by the government through its various propaganda agencies and media. The naked fact, the fact and fact alone, as it were, starts staring us all into our very eyes, declaring, as it were, from the house-tops that before judges can so justice and advocates can assist them in doing justice to the best of their aptitudes, abilities and consciousness, they themselves should, nay must, receive justice in terms of actual lessening of the oppressive human conditions that continue to tell heavily on them to this date.
34. That In history of human race as well as in the memory-desire pattern of individuals who collectively constitute one of the prime motive forces of human history, myths and realities have often been juxtaposed, rather counterposed and justly so. Myths essentially constitute our memory-desire pattern, whereas the realities constitute our actual human existence, both being essentially intertwined and interdependent. But at a particular level of the development of human consciously, myths came, whether consciously or unconsciously, to be employed as so many camouflages, covering and hiding realities of actual human existence from human purview, so they became coterminous with fancies and fictions, got themselves transformed into deceiving elves, decidedly set upon the task of depriving thinking people of their capacity to think their thoughts to their logical conclusions. This consequently led to a sharp cleavage between myths and realities and a terrible shattering of the bonds of interdependent between the two. Henceforth myths stated getting juxtaposed and counterposed to realities.
35. That Our government like many other governments is fond of coverings and hiding the essence and kernel of a problem with hues of deceptive appearance, hence it is very much prone to create myths with a view to camouflaging realities. Instead of dehiding realities and thereby creating conditions for changing them into less painful, less obnoxious ones, our government has set itself the task of hiding them deeper and deeper with the aid of myths of myths of manifold types and dimensions. Of late this proneness to counterposing myths to realities on part of our government has assumed alarmingly pathetic, rather tragic dimensions. Myths are deliberately or unwillingly being offered as substituting for realities and people are asked to submit to this white and blatant lie and accept it as cardinal value, as ‘gospel truth’. And through its intensive and extensive propaganda, the government had been able to achieve a measure of success in this gory game of hoodwinking quite a considerable section of our people, ut since the government had miserably failed in checking the deepening and intensification of the crisis, the hoodwinked are fast returning back to normal consciousness in terms of getting deeply disillusioned with the myths created by the government.
36. That If this be true about broader sections of common people of our society, we can easily imagine what must be going on in the minds of the judges and advocates, vis-Ã -vis the numerous myths devised by government in order to cover and hide unpleasant realities of oppressive human conditions under which they have been discharging and continue to discharge their onerous responsibilities and duties, Constituting the elite in our society, they can learn independent of their saltish tears and bitter experiences as well to a considerable extent which common people, grounded by abysmal poverty, divided by competition and enslaved by ignorance, are unable to so, at least at the present level of development of their consciousness, their capacity to disentangle realities from myths, their aptitude to dissociate illusions and appearance from realities and essences. Therefore it can earnestly be hoped (may be it proves another from of hoping against the hope) that our government would get rid of the unproductive habit of weaving myths and fictions around the essences of the problems as so many escaperoutes from unpleasant realities for itself and so many traps for the unenlightened taking advantage of their oppressive conditions of existence. The government, however, must learn that it is wrong all along the line to take advantage of people’s miseries and subhuman conditions of their existence. It is neither in the larger interest of the people likely to be increasingly debased, dehumanised and degraded by oppressive conditions nor the government Itself, which is bent upon perpetuating these sub-human conditions knowingly, deliberately or unwillingly and spontaneously. So far as the judges and advocates are concerned, the executive will be well advised to mend its ways forthwith, to cease creating and weaving myths, fancies and fictions because try as hard the executive may, they cannot be easily hoodwinked and even if hoodwinked temporarily, they are bound to recover from this state of affairs sooner than later, leading to a greater and far-reaching crisis of confidence than the executive in its fond hopes might have mentally prepared itself for. The executive must not overstep its logical limits, it must stop its hide-and-seek game with myths and realities and face the problems plaguing the judges and advocates centrally, squarely and courageously by adopting bold theoretical and practical measures which can give this extremely essential elite of our society a considerable measure of freedom form oppressive human conditions of existence. In this connection the executive will be well-advised not unnecessarily to lift the veil of life with a view to engaging in futile acts and unproductive and barren exercise into hair-splitting. Bold, unconventional and daring decisions of practical relevance are urgently being called forth from government in order to prevent the great crisis of confidence form developing any further fissures. But if the government stubbornly refuses to read the writing on the wall, a situation is soon to develop which would not be mush to its liking.
37. That looking at the problems in generic outlines, the conclusion because irresistible that the government, meaning here the executive, somehow or other, wants the judges and the advocates to follow the famous cynical philosopher, Diogenes, if not in words then of course in deeds. Bertrand Russel, the famous British Philosopher, has summed up the life-style and behavioural mode of Diogenes in the following words :- “He decided to live like dog, and was therefore called ‘cynic’ which means ‘canine’. He rejected all conventions whether of religion, of manners, of dress, of housing, of food, or of decency. One is told that he lived in a tub, but Gilbert Murray assures us that this is a mistake : It was a large pitcher, of the sort used in primitive times for burials. He lived like an Indian Fakir, by begging. He proclaimed his brotherhood, not only with the whole human race, but also with animals. He was a man about whom stories gathered, even in his life time. Everyone known how Alexander visited him, and asked if he desired any favour. Only to stand out of my light, he replied”.
38. That Well, Diogenes who happened to be a disciple of Socrates (Antisthenes) could have lived and talked and argued along the above stated line, but ordinary mortals cannot follow into his footsteps. Thus, he constitutes more an exception than general rule, howsoever laudable. It would be fond on the part of government to cherish such notions practically and pragmatically, Further, Diogenes and they who followed him, did all this voluntarily and under no compulsion from any outside authority whatsoever. Their life-styles and behavioural modes, so to say, were conditioned by any outside or external force or compulsorily enforcing agency in the name of public decency, public code and public interest regulating the life styles and behavioural modes of modern judges and advocates in both detail and depth, in both essence and appearance, in both content and form. Therefore, the government must not even subconsciously entertain such exceptional notions as general guidelines.
39. That this generic investigation being us right to the threshold of the specifies problems plaguing the Judges and Advocates not as a super-human. Diogenes but as ordinary human beings, living and working under extremely inhuman, rather sub-human, working and living conditions. Freedom from oppressive and oppressing working and living conditions in the concrete from of freedom from wants is the thing which is most urgently, rather at an emergent level, called for in view of the fast dwindling purchasing capacity of the individuals, soaring prices and consequent erosion of incomes in terms of real, staple and stable earnings and incomes. Nature of the jobs and functions of the Judges and Advocates further necessitates this freedom from wants. It will be, I think, easily conceded that their jobs are of extra-ordinary intellectual type. Now every intellectual work presupposes degree of leisure so much so that philosopher and writers of varying orientations are agreed upon this common point despite their major divergence on other issues. Thus even Kari Marx is of the opinion that man does not live by bread alone. The famous British poet, T. S. Eliot, who would otherwise not see him eye to eye also talks in terms of “luxury of laziness” and the great British philosopher Bertrand Russel has gone to the extent of writing a learned and pleasant treatise entitles “In Praise of Idleness”. Returning back to history of theoretical thought, some of the great and towering intellectual giants of antiquity like Aristotle, Democritus and Epicurus have also praised the principal of leisure in human life in differing contexts and theorised that it is a necessary precondition for flowering of intellectual and cultural activities. The very concept of a welfare state also presupposes it in unequivocal terms. Thus it is self-evident that without minimum degree, without freedom wants, no higher intellectual pursuits can satisfactorily be carried on as a matter of general rule.
40. That but let we may not be misunderstood on this court. The petitioner is not talking of leisure independent of need as he cannot think of freedom independent of necessity-both these opposite being essentially inter-related and interdependent. We have not only looked at but also looked through the woods (generic problems) sufficiently; now let as look at the trees (the specific problems) and attempt to inter-relate the two within a factually as well as logically consistent and convincing framework
highly irresponsible and outrageous statement" of union minister for minorities
Muslims for Secular Democracy (MSD), an organisation of minorities, has expressed its shock over "the highly irresponsible and outrageous statement" of union minister for minorities, AR Antulay, in which he insinuated that there was a conspiracy behind the killing of Hemant Karkare, chief of anti-terrorism squad (ATS). Karkare was killed during the terror attack on November 26, on the lane leading to Cama Hospital from CST station. Antulay hinted that Karkare's killing was the handiwork of Hindu extremist groups in collusion with their sympathisers in the force. Karkare was killed along with additional commissioner of police Ashok Kamte and encounter specialist, Vijay Salaskar. "This is a malicious and insensitive slander of the Mumbai police and the ATS," said a spokesperson of MSD. The world is convinced on the basis of evidences provided by the Indian government that the terrorists responsible for 26/11 came from Pakistan and belonged to Lashkar-e-Tayiba, a statement signed by Javed Akhtar, Sajid Rashid and Javed Anand, of MSD, said. "That is why there is a demand from governments all over the world that the Pakistan government act firmly and swiftly against the Pakistan-based perpetrators of terror. Not surprisingly, the Pakistan government is dragging its feet claiming it has yet to be shown incontrovertible evidence," the statement said. It added, "Very surprisingly, and shockingly, Antulay, a minister in the Union cabinet, has similar doubts." They said, "Since 26/11, Indian Muslims have joined all fellow-Indians and spoken in one voice denouncing the attack on India in the strongest words. They have unanimously declared that mass murderers cannot be Muslims even if they have Muslim names." Antulay's outrageous statement is a gross violation of the sentiment of national unity and amity, they said. The statement said Antulay owed an apology to the Mumbai police, to all citizens of India and to Indian Muslims in particular. MSD expected Antulay "to assume responsibility for his outrage and immediately tender his resignation from the Union government". Antulay's allegation not borne out by facts 19 Dec 2008, 0415 hrs IST, S Ahmed Ali & Mateen Hafeez, TNN MUMBAI: The events of 26/11 night that claimed the lives of three of Mumbai's top cops refute the Union minorities affairs minister A R Antulay's conspiracy theory. Here's what happened that night. Around 9.45pm, the city police control room flashed a message saying there was a terror attack at CST railway station. Within minutes, the road outside the station was deserted. Not even policemen on duty, most of whom were armed with only lathis, were ready to go to the spot. Hemant Karkare, then ATS chief, reached CST from his Dadar residence, and donned a helmet and bullet-proof jacket. Additional DGP (Railways) K P Raghuvanshi also joined him. But, while Raghuvanshi stayed back, Karkare, along with his four policemen, first went to the CST station's platform number 1 (opposite Anjuman-e-Islam School) and found it deserted, with no trace of any terrorists. "A fellow policeman informed them that the terrorists were spotted walking towards (the nearby) Cama Hospital," said city police commissioner Hasan Gafoor. Meanwhile, Karkare received a wireless message, saying, "Additional police commissioner Sadanand Date is injured at Cama Hospital. A bodyguard is seriously injured, while another constable is dead." Karkare, accompanied by the four constables, made for Cama Hospital, while the Z-security guards were instructed to take position outside the TOI building. The team moved cautiously towards Cama and tried to get a clear idea of what was happening. "Later, inspector Vijay Salaskar and additional commissioner Ashok Kamte, who met at CST, arrived on the scene. Salaskar was accompanied by five of his subordinates," said Akhtar Shaikh, Kakare's orderly, who was present along with Karkare that night. "As we headed towards the rear entrance of Cama Hospital, we heard gunshots. Kamte returned the fire, and the terrorists threw a grenade at us, but it fell within the hospital premises," said Shaikh. Inspector Nitin Alaknure, Salaskar's colleague, said, "Karkare, Kamte and Salaskar were discussing their next step. Kamte then suggested they enter the hospital from the main gate. They got into a police Qualis stationed there, and later, as they approached the special branch, Salaskar took over the driver's seat," Alaknure recalled. Salaskar ordered his two constables to take position at the rear gate, while Karkare's four constables were assigned to take position at the other gates. They got a wireless message that the terrorists were hiding behind a red vehicle near Rang Bhavan. They started looking for the red vehicle and suddenly spotted one terrorist, who was later identified as Mohammad Ajmal Kasab. Kamte and Salaskar opened fire," said crime branch chief Rakesh Maria. The officers were about to get down from the vehicle when all of a sudden, another terrorist showered bullets from his AK-47, injuring all the cops. Kamte and Karkare died on the spot. The terrorists then threw the three policemen out of the car, and hijacked the vehicle. It was Arun Jadhav, the lone survivor, who later informed the control room about the incident. Meanwhile, police officials across ranks expressed shock over the Union minister's controversial statement. No senior official would come on record to speak out against Antulay's innuendo, indicating how the police brass was scared to respond to a politician's rant. But officer after officer, off the record, said it was sad to see politicians could stoop so low as to use even a national tragedy for their own political advantage. Though city police commissioner Hasan Gafoor refused to comment, another officer said politicians should be speaking about measures to tackle terrorism insisted of making controversial statements in Parliament. However, former intelligence chief V N Deshmukh said he had visited the spot where the shootout (which claimed Karkare's and cops' lives) happened. "I spoke to several witnesses and officers. I am convinced it was not a conspiracy," he said.
Gandhi – A Masochism flagellating Great Indians
Mohan Das Karm Chandra Gandhi – A Masochism flagellating Great Indians
Hindu Ethos Prevalent amongst the Intelligentsia encourages Maqhool Fida Hussain , a sadistic perverse Human believing in the concept of “Hurreyen” and “Nihamateyan” for Molestation for their sisters and seducing his son on seventh ocean is such a sadistic in drawing satisfaction by hurting the sentiments of nationalists to attempt for committing the perversity upon portrayal of deities projecting sexual union with animals without being aware with the history of the period of subjugation and abrogation of these people gratifying a Slave’s frustrated Ego Indian denigrate
during the payment of Zajiya (khirajguzar) may allow without hesitation Qazi (Mughisuddin of Bayana) to spit in their mouth. Hindus were afraid and concealed their resentment towards invaders, who were the object of hatred. This was equivalent to the worst curse and Gandhi repeatedly recommended such submission. This was shown by British manifestation to get the eradication of the prevailing maladies generated by the axes subjugation of the Muslim aggression which was equivalent to the worst curse. The more educated and well of Hindus tried to prevent sophisticated excuses for being submissive and to adhere with the norms of non-violence, whatsoever, no matter, what the ruler did they took it lying down. Gandhi recommended that if one was slapped on the cheek instead of slapping back the other cheek should be offered.
In this regard the recital of the truth which was evident just after the partition of India, in the speech of Jinnah is relevant-recital.
This envisaged that there was a thrust to have the secularism being adhered with as Jinnah was more secular than Abdul Kalam Azad and Sir Syed and Devband. If you go through the perception of the true history, the son of Zakir Hussain, who was plying the aircraft, has given a shift to cross the Indian Border as to enter into the zone of Pakistan, Air Martial Arjun Singh, who was sitting in that plane has taken out the revolver, enter into the cockpit and put it upon his head with a warning to kill him. The country was protected by the apprehended exchange of one Air Martial with a terrorist. People should remember that Abdul Kalam Azad has said in his deliberation just after the Independence of India that we were opposing the creation of the Pakistan not because of the reason that we do not want to follow Darul-e-Islam upon Darul-e- hurb but we were oppose to take only one by fourth of the territory as prior to the subjugation of this country by the British Empire, Muslims remain in power. The history will demonstrate that if we became 15% of the population in any corner of the world, the other non-violent population became automatically the Muslim as our religion is for the expansion of the horizon of the Islam without having the limitation of the boundaries of the different nation. Thus, the two nation theory was not created by Jinnah as he was the son of a Hindu, but by Mahatma Gandhi and the opportunist politician i.e. Nehru and his associate.
People do not know that the name of the Grand father of Jawahar Lal Nehru was Ganga Dhar Nehru living in Meerganj area of Allahabad and supplying the prostitute to Izrat Villa, a place owned by Mubarak Ali, a Barrister at Allahabad High Court. The great Grand father of Jawahar Lal Nehru was Bal Mukund Kaul then how they became Nehru. The truth is that it was the bagging giving to them after migrating from Kashmir to Delhi near a canal (Nahar) by Bahadur Shah Jafar and as such the title ‘Nehru’ was itself a deceptive tile of Muslim citizen. He was the bachelor and inducted Moti Lal Nehru in his premises as the gardener. Mubarak Ali died in mysterious circumstances and Izrat Villa was converted to Anand Bhawan. This is the relevetion of the facts in a book suppressed by Governemtn of India “ Reminces of Nehru age” written by M.O.Mothai, a long time of 35 years Secretary to Jawahar Lal Nehru during his political life and after adherence of the thrown of Prime Ministership on the mere desire of Mahatma Gandhi.
People are so ignorant as they do not know who was the father of Firoz Gandhi, neither try to know it. Why ? the answer to this fact is revealed in a book written Jawahar Lal Nehru’s astrologer K.N. Rao in his book namely, “Nehru Dynasty”. The name of the father of Firoz Gandhi was Nawab Khan of Junagarh Gujrat then how Firoz Khan became Firoz Gandhi.
People do not know the name of Indira Gandhi after her marriage with Firoz Gandhi. It was Mammoona Begam and shortly she separated from Firoz Gandhi. From where the scone son Sanjay Gandhi borne. The book written by Mohd. Yunus “person, passion and politics” is the revelation of the truth that Sanjay Gandhi, who was earlier known as Sanjeeve Khan after being borne from the illicit relationship of Indira Gandhi with Mohammad Yunus, the grand son of Abdul Gaffar Khan, the frontier Gandhi, who was inducted in Indian Foreign service just after the Ipendence and remained in Teen Murthi Bhawan throughout his career till the death of Jawahar Lal Nehru and shifted to his bungalow, from where the marriage ceremony of Sanjay Gandhi with Menaka Gandhi was organized by Mohd. Yunus alongwith the parents of Menaka Gandshi. People have seen the photograph of the marriage, but nobody noticed that why Mohd. Yunus was standing with Indira Gandhi alongwith Colonel Anand and his wife. Actually, the passport of Sanjeeve Khan alias Gandhi was forfeited in 1956 by British people for stealing a car at the age of 14 years and it was a Kirshna Manon, who was then an External Minister got thepassport issued in the name of Sanjay Gandhi. The controversy was raised during the issuance of the passport of Manka Gandhi in passport case, commonly known as Manka Gandhi case but nobody in our country know the truth which is revealed by the book written by the father of Sanjay Gandhi after his death. This book is also banned in our country.
Rajeev Gandhi became Rajeev Roborto before marrying with Saniya Maniyo of Turin of Italy commonly known as Soniya Gandhi, a Roman Catholic and the names of the children or Rajeev Soniya are mentoned else Benitica Roboro and Roul Roverto in their school register which was placed before the District Magistrate, Rae-Bareilly when Soniya Gandhi filed his nomination paper for contesting the election of the Member of Parliament, but the Election Commission of India while dealing with the objection of Subramanyam Swami regarding the effect of Article 102 (1) (d) of the Constitution of India laying down the disqualification for adherence and allegiance with the a foreign State as a disqualification to become M.P.has laid down in his decision that even if the affidavit is false, the candidature of Soniya Gandhi shall not be rejected. The District Magistrate Rae Bareilly advised Subramanyam Swam to leave Rae-Bareilly otherwise he will not provide any security upon the prospective threat of the death by Sanjay Singh and other commarade of Soniya Gandhi, the President of Indian Congress Party. The writ petition filed before the Lucknow Bench by Sri Ravi Kant Khare discloses all such facts but inspite the argument raised by the writer of this article before the Bench comprising of Hon’ble Mr. Justice Bhalla and Hon’ble Mr. Justice B.B.Agrawal. The decision came that the undersigned advocate may approach the human resourced ministry to avail these three books disclosing all such facts to enlighten the people of our country but since the election process is started and the bar envisaged in our Constitution of India may not decide these controversial dispute.
This was the second incident which took place when Allahabad High Court decline to decide the petition filed on behalf of the institute of rewriting history through it President Purshottam Nath Oak to expose that every monument including Taz Mahal was the Hindu Temple but the same converted to Muslim monument and thereafter came under the supervision of Archeological Survey of India and now under the Waqf Act. The intellectual may not protect this nation as the exposer of the truth is a crime in our country.
Hindu Ethos Prevalent amongst the Intelligentsia encourages Maqhool Fida Hussain , a sadistic perverse Human believing in the concept of “Hurreyen” and “Nihamateyan” for Molestation for their sisters and seducing his son on seventh ocean is such a sadistic in drawing satisfaction by hurting the sentiments of nationalists to attempt for committing the perversity upon portrayal of deities projecting sexual union with animals without being aware with the history of the period of subjugation and abrogation of these people gratifying a Slave’s frustrated Ego Indian denigrate
during the payment of Zajiya (khirajguzar) may allow without hesitation Qazi (Mughisuddin of Bayana) to spit in their mouth. Hindus were afraid and concealed their resentment towards invaders, who were the object of hatred. This was equivalent to the worst curse and Gandhi repeatedly recommended such submission. This was shown by British manifestation to get the eradication of the prevailing maladies generated by the axes subjugation of the Muslim aggression which was equivalent to the worst curse. The more educated and well of Hindus tried to prevent sophisticated excuses for being submissive and to adhere with the norms of non-violence, whatsoever, no matter, what the ruler did they took it lying down. Gandhi recommended that if one was slapped on the cheek instead of slapping back the other cheek should be offered.
In this regard the recital of the truth which was evident just after the partition of India, in the speech of Jinnah is relevant-recital.
This envisaged that there was a thrust to have the secularism being adhered with as Jinnah was more secular than Abdul Kalam Azad and Sir Syed and Devband. If you go through the perception of the true history, the son of Zakir Hussain, who was plying the aircraft, has given a shift to cross the Indian Border as to enter into the zone of Pakistan, Air Martial Arjun Singh, who was sitting in that plane has taken out the revolver, enter into the cockpit and put it upon his head with a warning to kill him. The country was protected by the apprehended exchange of one Air Martial with a terrorist. People should remember that Abdul Kalam Azad has said in his deliberation just after the Independence of India that we were opposing the creation of the Pakistan not because of the reason that we do not want to follow Darul-e-Islam upon Darul-e- hurb but we were oppose to take only one by fourth of the territory as prior to the subjugation of this country by the British Empire, Muslims remain in power. The history will demonstrate that if we became 15% of the population in any corner of the world, the other non-violent population became automatically the Muslim as our religion is for the expansion of the horizon of the Islam without having the limitation of the boundaries of the different nation. Thus, the two nation theory was not created by Jinnah as he was the son of a Hindu, but by Mahatma Gandhi and the opportunist politician i.e. Nehru and his associate.
People do not know that the name of the Grand father of Jawahar Lal Nehru was Ganga Dhar Nehru living in Meerganj area of Allahabad and supplying the prostitute to Izrat Villa, a place owned by Mubarak Ali, a Barrister at Allahabad High Court. The great Grand father of Jawahar Lal Nehru was Bal Mukund Kaul then how they became Nehru. The truth is that it was the bagging giving to them after migrating from Kashmir to Delhi near a canal (Nahar) by Bahadur Shah Jafar and as such the title ‘Nehru’ was itself a deceptive tile of Muslim citizen. He was the bachelor and inducted Moti Lal Nehru in his premises as the gardener. Mubarak Ali died in mysterious circumstances and Izrat Villa was converted to Anand Bhawan. This is the relevetion of the facts in a book suppressed by Governemtn of India “ Reminces of Nehru age” written by M.O.Mothai, a long time of 35 years Secretary to Jawahar Lal Nehru during his political life and after adherence of the thrown of Prime Ministership on the mere desire of Mahatma Gandhi.
People are so ignorant as they do not know who was the father of Firoz Gandhi, neither try to know it. Why ? the answer to this fact is revealed in a book written Jawahar Lal Nehru’s astrologer K.N. Rao in his book namely, “Nehru Dynasty”. The name of the father of Firoz Gandhi was Nawab Khan of Junagarh Gujrat then how Firoz Khan became Firoz Gandhi.
People do not know the name of Indira Gandhi after her marriage with Firoz Gandhi. It was Mammoona Begam and shortly she separated from Firoz Gandhi. From where the scone son Sanjay Gandhi borne. The book written by Mohd. Yunus “person, passion and politics” is the revelation of the truth that Sanjay Gandhi, who was earlier known as Sanjeeve Khan after being borne from the illicit relationship of Indira Gandhi with Mohammad Yunus, the grand son of Abdul Gaffar Khan, the frontier Gandhi, who was inducted in Indian Foreign service just after the Ipendence and remained in Teen Murthi Bhawan throughout his career till the death of Jawahar Lal Nehru and shifted to his bungalow, from where the marriage ceremony of Sanjay Gandhi with Menaka Gandhi was organized by Mohd. Yunus alongwith the parents of Menaka Gandshi. People have seen the photograph of the marriage, but nobody noticed that why Mohd. Yunus was standing with Indira Gandhi alongwith Colonel Anand and his wife. Actually, the passport of Sanjeeve Khan alias Gandhi was forfeited in 1956 by British people for stealing a car at the age of 14 years and it was a Kirshna Manon, who was then an External Minister got thepassport issued in the name of Sanjay Gandhi. The controversy was raised during the issuance of the passport of Manka Gandhi in passport case, commonly known as Manka Gandhi case but nobody in our country know the truth which is revealed by the book written by the father of Sanjay Gandhi after his death. This book is also banned in our country.
Rajeev Gandhi became Rajeev Roborto before marrying with Saniya Maniyo of Turin of Italy commonly known as Soniya Gandhi, a Roman Catholic and the names of the children or Rajeev Soniya are mentoned else Benitica Roboro and Roul Roverto in their school register which was placed before the District Magistrate, Rae-Bareilly when Soniya Gandhi filed his nomination paper for contesting the election of the Member of Parliament, but the Election Commission of India while dealing with the objection of Subramanyam Swami regarding the effect of Article 102 (1) (d) of the Constitution of India laying down the disqualification for adherence and allegiance with the a foreign State as a disqualification to become M.P.has laid down in his decision that even if the affidavit is false, the candidature of Soniya Gandhi shall not be rejected. The District Magistrate Rae Bareilly advised Subramanyam Swam to leave Rae-Bareilly otherwise he will not provide any security upon the prospective threat of the death by Sanjay Singh and other commarade of Soniya Gandhi, the President of Indian Congress Party. The writ petition filed before the Lucknow Bench by Sri Ravi Kant Khare discloses all such facts but inspite the argument raised by the writer of this article before the Bench comprising of Hon’ble Mr. Justice Bhalla and Hon’ble Mr. Justice B.B.Agrawal. The decision came that the undersigned advocate may approach the human resourced ministry to avail these three books disclosing all such facts to enlighten the people of our country but since the election process is started and the bar envisaged in our Constitution of India may not decide these controversial dispute.
This was the second incident which took place when Allahabad High Court decline to decide the petition filed on behalf of the institute of rewriting history through it President Purshottam Nath Oak to expose that every monument including Taz Mahal was the Hindu Temple but the same converted to Muslim monument and thereafter came under the supervision of Archeological Survey of India and now under the Waqf Act. The intellectual may not protect this nation as the exposer of the truth is a crime in our country.
change queues, the one you have left will start to move faster
LAW OF QUEUE: If you change queues, the one you have left will start to move faster than the one you are in now.
LAW OF TELEPHONE: When you dial a wrong number, you never get an engaged one.
LAW OF MECHANICAL REPAIR : After your hands become coated with grease, your nose will begin to itch.
LAW OF THE WORKSHOP: Any tool, when dropped, will roll to the least accessible corner.
LAW OF THE ALIBI: If you tell the boss you were late for work because you had a flat tire, the next morning you will have a flat tire.
BATH THEOREM: When the body is immersed in water, the telephone rings.
LAW OF ENCOUNTERS: The probability of meeting someone you know increases when you are with someone you don't want to be seen with.
LAW OF THE RESULT: When you try to prove to someone that a machine won't work, it will!
LAW OF BIOMECHANICS: The severity of the itch is inversely proportional to the reach
THEATRE RULE: People with the seats at the furthest from the aisle arrive last.
LAW OF COFFEE: As soon as you sit down for a cup of hot coffee, your boss will ask you to do something which will last until the coffee is cold.
LAW OF TELEPHONE: When you dial a wrong number, you never get an engaged one.
LAW OF MECHANICAL REPAIR : After your hands become coated with grease, your nose will begin to itch.
LAW OF THE WORKSHOP: Any tool, when dropped, will roll to the least accessible corner.
LAW OF THE ALIBI: If you tell the boss you were late for work because you had a flat tire, the next morning you will have a flat tire.
BATH THEOREM: When the body is immersed in water, the telephone rings.
LAW OF ENCOUNTERS: The probability of meeting someone you know increases when you are with someone you don't want to be seen with.
LAW OF THE RESULT: When you try to prove to someone that a machine won't work, it will!
LAW OF BIOMECHANICS: The severity of the itch is inversely proportional to the reach
THEATRE RULE: People with the seats at the furthest from the aisle arrive last.
LAW OF COFFEE: As soon as you sit down for a cup of hot coffee, your boss will ask you to do something which will last until the coffee is cold.
posterity is dependent upon the skill and calibre of builder who may heartily desire to build up
Jurisdiction of court is like that of constructor of a building which has either perfection or many defects. The final word of posterity is dependent upon the skill and calibre of builder who may heartily desire to build up it like expert builders with architectonic virtues to amend or/and add some material both by method and uniformity and if the structure itself does not found ventilation for the want of windows and lake of sufficient light or other deficiency in the architecture, whatsoever, then to demolish the existing structure, only than we may blessed the amending hand as if the trumpet idea gives an uncertain sound who shall prepare himself to the battle? The jurisdiction of the court is founded on the basis of three factors; one to enforce the uniform applicability of law, irrespective of the fact, who is before it by the litigant. Second is pertaining to maintain uniformity in imparting the justice, as the law may not be swept away by mere ideological, sentimental and psychological retardation in interpreting the statutory provision. Thirdly, in order to get the equity and justice pertaining to the factual matrix closer to the rigmarole of the technicalities of the law and to take justice at the doorstep of law. Likewise justice should speak by tongue, word easy to understood, otherwise how a common man will understand and know what is spoken, if the justice shall be spoken into the air? There should not be such short sentences as we may forget the use of verbs which may reconcile the idea into action. There is an inbound difficult situation faced by the lawyers on account of the competition and the restrictions imposed debarring him to perform any business may further need for stagnation of the earning of a lawyer. This may result in the financial crisis affecting the family members and as such the litigants are commonly deceived by these problem ridden lawyers in generating false hopes. The Government has yet not generated a policy of providing legal assistance to the litigant. The medical facility and facilities for transportations are provided to the citizens from the hospital and the bus stand respectively, by the Government , but the litigant craving for the indulgence of the justice from the court of law is seldom getting the means to travel up to the door of the court. A system has to be evolved to provide cheaper legal opinion and simplifier system of the pleading to get the relief.In the last 62 years, the judiciary has only provided the tedious exercise to the litigant. The case filed before the court of law slowly travel on the basis of its pleading and framing of the issues for adjudication by the trial court. The appellate jurisdiction cannot even substitute the correct findings by replacement of the wrong approach as the discretion exercised by the trial court cannot be substituted by another discretionary orders as the jurisdiction of the appellate court is to reverse the finding and to sent the case back by remanding the matter to the trial court again till a perverse approach may not be adopted by the trial court, It has been seen that the appellate court is rapidly indulging into the illegal approach by substituting his own discretion and thereby arriving to conclusion. Why the trial court is not accountable in case of the pronouncement of the wrong judgement? Why the appellate court may not seek the opinion of the High Court and Supreme Court on the substantial question of law by sending through referendum and the ultimate judgement is pronounced by the appellate court. The functioning of the trial court may also be simplified by indulging in the dispute from the realistic attitude, instead of believing and relying upon the false testimony and manufactured evidence. More the procedure of the court of law may become simplifier and Speediest with expediency regarding the disposal of the case and the decision imparted is within a very short period, the confidence of the people may be reposed in the judiciary. There is no need to have the experiment conducted upon the cause of the litigation for the betterment of the law, but to impart the justice within few days and the finality is attributed upon it. In the matter of a suit of specific performance, declaration of the title and the property right with perpetual injection, if it is ultimate found that the party filling the suit has no substance for claiming their right, a heavy compensation in the form of damages may be imposed upon him. Similarly the concept of the plea bargaining with that of the effective role of the investigation agencies may be given to find out the substance of accusations and the innocence may be proved in the criminal trail by shifting the burden upon the accused. In case of false allegation labelled against the innocent citizen, the similar punishment and the sentence of the conviction be imposed upon the informant/companion. The victim may be compensated by the appropriate compensation through the state government. The aggressor must be identified for the punishment not the individual providing resistance.
“The play is done : the curtain drops slow falling to the prompter’s bell. A moment yet the actor stops and looks around, to say farewell. The approving audience gives him cheer. He bows to them and says his say. Yet down his cheek there falls a tear from him. This is the ending of his days.” Time is three dimensional picture; having a past memory and future expectation with the present identification. Every expectation is not anticipation, nor may they generate good sense among citizens. Thus, the aspirations of an individual may result in attracting the inhibition of a desire for betterment of the relief sought from the court of Justice but in case of disappointment, it may lead to the frustration and anger generated by a citizen over the functioning of the judiciary. In this manner, the command of the sovereignty vested within the ambit of the court of law is least respected. People have started believing in demonstrating their horoscopes to the pundits before entering inside the court of law. They are frustrated with the extended dates and their financial constraint to pay the expenses are mostly the cause for studying horoscopes, reading palm and numerological effect by the name to choose their date for indulging their lawyers in the process of argument. A peculiar situation has been emerged into the process that the legal profession is considered to be the process of the gamble and the proxy and the broker. The legal profession, which was reputed as the noble profession for imparting the justice to the people engaging them has become a business and rather a trademark with unpredicted outcome. There has been the street fast inflation and monstrous hiking in the purchase of the articles of the daily use and the escalation in the value of the property and as such the hike in the fees of an advocate is the further problem generated amongst the litigants.
Fragrances are more hypnotic , music more inspiring , food tastes better and the sense of touch is more intense. This is all because of human Aura, which is extending an outlining the head and body through spiritual cult in the form of twinkle blue, pale or gold and glitters through etheric world. The physical vision is usually peripheral with the third eye located as pineal gland. This is known as holo, which passes through legend, but gradually earthlings have lost the ability to see the Aura, the etheric or a holo except the few person, who have retain the gift in their present incarnation. This is of vital importance to the individual’s health, happiness and spiritual involvement. The esortic wisdom begins with the understanding of real existence. You can be able to see the etheric or human Aura and then your subconscious will pack up the message for uplifting you to the higher self by using the crowded elevator. This overlapping and mixing of etheric self with crowded elevator creates tension and uneasiness except few extravagant personality. Every person in the world need a space. There are electromagnetic charged atmosphere, which may be washed out by taking a bath through shower. As those magnetic pits which may be picked up from others be washed off. Some of the animals have better sense of understanding the effect of Aura, etheric and spiritual carving of individual through there perceptions.
Adversaries are the touchstone of brave mind. The spiritual way of living may only be adopted by taking the course of its learning which the individual may incline, when he will proceed further to learn in this regard. Since the necessity is the mother of invention as such without having any need for learning, one may not advance through this process, except in adverse circumstances. It is rightly being said that the bearer of the shoe knows as to where it pinches to such individual. Let us start with physiology of human body which has the respiratory organ for breathing of the air. It provides the survival of the cells of the brain and the rest of the body is provided the air for nutrition and energy. The deep breathing indulges the individual through passing off the channel from the nostrils and comes in the contact the thin layer over brain where the fluid is filled up and is connected with spinal cord at its base. The “Kundanlini” in the individual contains the fluid which is sucked through suction force to the cells of the brain. In this process the potential to one’s perceptions in respect of his retention power inside the brain may directly be attributed to the individuals memory. This gives a personality cult of an individual to make the further advancement in life. In absence of such atmosphere, one may feel despotic isolation and thereby the stagnation to the process of evaluation may ultimately ruin the future prospective for progress. In getting this sacrosanct proceedings as the protection of the rightful claim be justified through the remedial measurement, ostensibly by adopting the processual implications involved in the court. Thus, the pronouncement of the verdict from inside the court of law is not merely on the perceptual logical interpretations of the statute but also for adopting the procedural law. Thus, the participation of the lawyer in summarizing the foundation of the claim and to cope up the aforesaid factual dispute for redressed of the grievances against the oppression is required to be done with a demonstrational justification. Seldom in this process of factual adjudication, is the substance of the justice being imparted transgressed into the misnomer? In this manner, the litigant’s interest which is considered as paramount is not given to them. This phenomenon, that justice should not only be done but appear to have been done, may lead the deceptiveness of the argument and the pleading in the process of litigation is ending in the naught by crucifying the element of the truth.
The mind is the master of senses and the breathe is the master of mind. The mind cannot be restrained without restraining the breathe. Mental activities keeps pace and respiration. Thus the consultation is regarded to be the best source for all sort of management of human affairs. This may be in numerable form of philosophy. The philosophy of argument and the philosophy of the rule which capture the intellect in there nets and led it away from the true knowledge. The physical control is merely a preparation for mental control. When the mind is calm down, It is indeed the process of becoming one with reality begin. Only few dies of suffocation but rest of the death are caused as such person has not been breathing enough from years. Let us examine the existence of these principles which are necessary for the protection of the society in which the judicial discipline is the source of inspiration for protecting the fellow existence. The Hindu mythology also based on the principle of separation of power. There are the different duties and role assigned to the omnipotent powers in the universe. Lord Brahama is considered to be the creator of animal existence and other human being in this world while the Lord Vishnu is considered to be considered to be the protector of the living creator while Lord Shiva is maintaining an equilibrium by imposing the appropriate punishment as to maintain the esteem of administration of justice. There is not even an absolute power vested with the God itself according to our Hindu mythology. Thus the concept of legislation, executive and judicial power is embodied with separation of power.
The religious virtues are marked with ten characteristics viz. patience, forgiveness, self denial, honesty, purity, mastery over senses, sensibility, knowledge, veracity, and cheerfulness. The individual has not given an absolute power and likewise the universe protects the existence of other fellow being to be ruined by the stronger as the lion and other carnivores animals may not destroy every healthy and vigorous animals. Thus the individual having the absolute power of government may not be allowed to rule the nation. The ruling body of the people may not be vested with the absolute power nor the person embodied with such power should be allowed to delegate it to some other person otherwise the fate of the nation will be identical to the fate what we have visualised by giving the power of management to the British East India Company who had subsequently captured the full command over the nation. The mutiny became the turning point for justifying the rule by the British domination, as the nation was subsequently came under the control and sovereignty of the British Empire.
The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice.
The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country.
The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence.
The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen.
There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation.
Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery.
There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.”
“ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”
“ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”
“ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefore no man should ever destroy justice.”
“ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.”
Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.
“The play is done : the curtain drops slow falling to the prompter’s bell. A moment yet the actor stops and looks around, to say farewell. The approving audience gives him cheer. He bows to them and says his say. Yet down his cheek there falls a tear from him. This is the ending of his days.” Time is three dimensional picture; having a past memory and future expectation with the present identification. Every expectation is not anticipation, nor may they generate good sense among citizens. Thus, the aspirations of an individual may result in attracting the inhibition of a desire for betterment of the relief sought from the court of Justice but in case of disappointment, it may lead to the frustration and anger generated by a citizen over the functioning of the judiciary. In this manner, the command of the sovereignty vested within the ambit of the court of law is least respected. People have started believing in demonstrating their horoscopes to the pundits before entering inside the court of law. They are frustrated with the extended dates and their financial constraint to pay the expenses are mostly the cause for studying horoscopes, reading palm and numerological effect by the name to choose their date for indulging their lawyers in the process of argument. A peculiar situation has been emerged into the process that the legal profession is considered to be the process of the gamble and the proxy and the broker. The legal profession, which was reputed as the noble profession for imparting the justice to the people engaging them has become a business and rather a trademark with unpredicted outcome. There has been the street fast inflation and monstrous hiking in the purchase of the articles of the daily use and the escalation in the value of the property and as such the hike in the fees of an advocate is the further problem generated amongst the litigants.
Fragrances are more hypnotic , music more inspiring , food tastes better and the sense of touch is more intense. This is all because of human Aura, which is extending an outlining the head and body through spiritual cult in the form of twinkle blue, pale or gold and glitters through etheric world. The physical vision is usually peripheral with the third eye located as pineal gland. This is known as holo, which passes through legend, but gradually earthlings have lost the ability to see the Aura, the etheric or a holo except the few person, who have retain the gift in their present incarnation. This is of vital importance to the individual’s health, happiness and spiritual involvement. The esortic wisdom begins with the understanding of real existence. You can be able to see the etheric or human Aura and then your subconscious will pack up the message for uplifting you to the higher self by using the crowded elevator. This overlapping and mixing of etheric self with crowded elevator creates tension and uneasiness except few extravagant personality. Every person in the world need a space. There are electromagnetic charged atmosphere, which may be washed out by taking a bath through shower. As those magnetic pits which may be picked up from others be washed off. Some of the animals have better sense of understanding the effect of Aura, etheric and spiritual carving of individual through there perceptions.
Adversaries are the touchstone of brave mind. The spiritual way of living may only be adopted by taking the course of its learning which the individual may incline, when he will proceed further to learn in this regard. Since the necessity is the mother of invention as such without having any need for learning, one may not advance through this process, except in adverse circumstances. It is rightly being said that the bearer of the shoe knows as to where it pinches to such individual. Let us start with physiology of human body which has the respiratory organ for breathing of the air. It provides the survival of the cells of the brain and the rest of the body is provided the air for nutrition and energy. The deep breathing indulges the individual through passing off the channel from the nostrils and comes in the contact the thin layer over brain where the fluid is filled up and is connected with spinal cord at its base. The “Kundanlini” in the individual contains the fluid which is sucked through suction force to the cells of the brain. In this process the potential to one’s perceptions in respect of his retention power inside the brain may directly be attributed to the individuals memory. This gives a personality cult of an individual to make the further advancement in life. In absence of such atmosphere, one may feel despotic isolation and thereby the stagnation to the process of evaluation may ultimately ruin the future prospective for progress. In getting this sacrosanct proceedings as the protection of the rightful claim be justified through the remedial measurement, ostensibly by adopting the processual implications involved in the court. Thus, the pronouncement of the verdict from inside the court of law is not merely on the perceptual logical interpretations of the statute but also for adopting the procedural law. Thus, the participation of the lawyer in summarizing the foundation of the claim and to cope up the aforesaid factual dispute for redressed of the grievances against the oppression is required to be done with a demonstrational justification. Seldom in this process of factual adjudication, is the substance of the justice being imparted transgressed into the misnomer? In this manner, the litigant’s interest which is considered as paramount is not given to them. This phenomenon, that justice should not only be done but appear to have been done, may lead the deceptiveness of the argument and the pleading in the process of litigation is ending in the naught by crucifying the element of the truth.
The mind is the master of senses and the breathe is the master of mind. The mind cannot be restrained without restraining the breathe. Mental activities keeps pace and respiration. Thus the consultation is regarded to be the best source for all sort of management of human affairs. This may be in numerable form of philosophy. The philosophy of argument and the philosophy of the rule which capture the intellect in there nets and led it away from the true knowledge. The physical control is merely a preparation for mental control. When the mind is calm down, It is indeed the process of becoming one with reality begin. Only few dies of suffocation but rest of the death are caused as such person has not been breathing enough from years. Let us examine the existence of these principles which are necessary for the protection of the society in which the judicial discipline is the source of inspiration for protecting the fellow existence. The Hindu mythology also based on the principle of separation of power. There are the different duties and role assigned to the omnipotent powers in the universe. Lord Brahama is considered to be the creator of animal existence and other human being in this world while the Lord Vishnu is considered to be considered to be the protector of the living creator while Lord Shiva is maintaining an equilibrium by imposing the appropriate punishment as to maintain the esteem of administration of justice. There is not even an absolute power vested with the God itself according to our Hindu mythology. Thus the concept of legislation, executive and judicial power is embodied with separation of power.
The religious virtues are marked with ten characteristics viz. patience, forgiveness, self denial, honesty, purity, mastery over senses, sensibility, knowledge, veracity, and cheerfulness. The individual has not given an absolute power and likewise the universe protects the existence of other fellow being to be ruined by the stronger as the lion and other carnivores animals may not destroy every healthy and vigorous animals. Thus the individual having the absolute power of government may not be allowed to rule the nation. The ruling body of the people may not be vested with the absolute power nor the person embodied with such power should be allowed to delegate it to some other person otherwise the fate of the nation will be identical to the fate what we have visualised by giving the power of management to the British East India Company who had subsequently captured the full command over the nation. The mutiny became the turning point for justifying the rule by the British domination, as the nation was subsequently came under the control and sovereignty of the British Empire.
The country must be free from enemies and for this purpose law and order situation must be effective in vanquishing the enemies and resisting their onslaught. For this purpose, the enforcement agency be admirable and efficient for becoming victorious through benevolent rules and regulation. The law of punishment is the dispenser of justice. The theory of retributive justice must be implemented to wake the people who are fast sleeping. It is difficult to wake them by shouting a voice as those who are having the intoxication by power, wealth and privilege may not rise to the occasion for the advancement of the country. This is important as the virtue of religion which is meant to preserve the justice and not to destroy it. The abortion of justice provokes the resentment of the people. Thus it is important that at least a person who is sitting on the seat of legislating the law and to deliver judgement may not be voluptuaries, malicious and if he has such disqualification, then the person occupying such position should be punished by retributive justice.
The justice is a very awful and majestic, It cannot be upheld by ignorance and non righteous person as the person who is not learned, untrained and block headed is never able to enforce the law with justice. Thus a wise man is only able to enforce the law in the strict sense. The decision of such judicial member may not be transgressed by any one. There were ten evils always recognised from ancient time which are arising from the love of pleasure; i.e 1) Hunting, 2) Killing of innocent animals, 3) Gambling, 4) Sleeping by day time, 5) Listening to love talks and scandals, 6) Excess with women, 7) Use of intoxicant, 8) Singing in club, 9) Playing musical instrument in night clubs, 10) Useless strolling. These vices are now been accepted in the society as the necessary evil. Nothing can eradicate the prevailing maladies except by strict enforcement of the discipline which is not given the due priority in our country.
The government should watch if the justice is upheld in inflicting of punishment and no unjust punishment is inflicted. The treasury and the executive work must be in the hand of such responsible person who should be held responsible for the lapses and given deterrent punishment, in case they are found to provide the loss to the public exchequer. It is as fare if one hundred entrenched garrison soldier can resist the attack of ten thousand enemies, why not a patriot to this nation may be able to get the correct prospective of our system. Thus it is not only the punishment for reformation or censure is imposed but in the deserving case, the person deserving punishment may be provided with the exemplary punishment as no other person could dare to commit such wrong with the people. In case of violence, theft , adultery defamation, insult and assault, since these offences are usually being committed in secrecy, the onus is shifted on the accused person to prove his innocence.
The culture and heredity plays a vital role in governing the nation. There should not be the denouncing to the existing values by invasion of encroachment over the existing set up. The attitude of the people is important and a governing factor to built up a society otherwise the inglorious incidents shall take over the existence of the society. The capitalism approach of life with atrocities committed by the superior over the down trodden is required to be dealt with sever punishment as there is no protection to the poor class of citizen.
There is always a struggle for existence and it is understood that the survival of the fittest is the ultimate notion. Thus it is considered that a criminal coming in the public and getting ruthless shooting in discriminatory and mercilessly killing the innocent inhabitants in the society is seldom punished by the court of justice. He is evading his arrest and in case if he is being arrested, he may be bailed out easily and even in case of conviction, he shall rarely be confined in the four corner of the jail premises. This is the law of our nation.
Let us examine the aspect of putting a poor farmer inside the lockup for the reason that due to the natural calamity and ecological misbalance, he could not ripe the harvest in the season and therefore was unable to repay the loan which he had taken for the improvement of the land. It is well known that the state government is the absolute owner of the entire agriculture land and the farmer has got only the cultivators right and if something is done for the improvement of such land, how the poor farmer can be kept in confinement. There is only one reason that in the country of “Daridranaryan“, the poor person is subjected to suffer the atrocities of the superior person but the rich people are above the law. One should not tolerate the injustice committed by the wrong doer over the innocent person as it is generally understood that the robbers usually rob the rich person while the government robs the poor people and leave the rich people beyond the clutches of law enforcement machinery.
There is another aspect of the picture that a bread earner, who is knocked by a fast moving vehicle, may get some compensation from the insurance company or from the owner of the vehicle under vicarious liability but if the person is stabbed inside his abdomen by the assailant, there is no compensation given to the victim. In case of death out of onslaught by some criminal, there is neither the punishment for the crime nor the compensation to the family of the victim citizen. How the government can claim to be the representative of the people ? What is the justification of saying that it is “We, the people” who are said to be the government ? Can a country may survive in such a type of anomalies and undisciplined atmosphere ?
“All the members of the court are considered as wounded, where justice is found wounded with inequity, and judges do not extract the dart of inequity from justice or remove its blot and destroy inequity, in other words where the innocent are not respected and the criminals are not punished.”
“A virtuous and just person should never enter a court and when he does so, he should speak the truth; he who holds his tongue on seeing injustice done, or speaks contrary to truth and justice is the greatest sinner.”
“ All the persons in that court are dead, as it were, and none of them is alive, where justice is killed by inequity and truth by falsehood in presence of its courtiers.”
“ Justice destroyed, destroys, its destroyer; and justice preserved, preserves its preserver. Hence never destroy justice, lest being destroyed, it should destroy the destroyer of justice.”
“ The learned regard him to be base caste who violates justice which gives all wealth and showers all blessings. Therefore no man should ever destroy justice.”
“ In this world justice or righteousness alone is man’s friend that goes with him after death. All other things or companions part on the destruction of the body and he is detached from all company. But company of justice is never cut off.”
Thus when injustice is done in the government and the Hon’ble Court due to inadvertent do not dart injustice and may attribute some partiality with underrepresented poor citizen and protect the criminal or doer of injustice, there may not be such deserving respect and it may circumvent the law with all inequity. Such a situation is alarming in the nation as the law which is regarded to make the citizen free from all side of encroachment, has itself is making the people enslave. Let a situation be derived by breaking the chain which is providing restriction to fight against the injustice. Although it is an iron curtain, but still one cannot blot all such hopes, as the hopes belong to a future. A single day light may shallow the darkness from our country.
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