Monday, April 06, 2009

Save India Seek answers of simple Questions

Protest Fast/ Nyaya Yatra by Robby Sharma, R/O 865, Block-B,Panki Kanpur-208020.
Mob-09415438326, 09235844258, email—sharmarobby@hotmail.com; blog-http://sharmarobby.wordpress.com
Dear Friends: It is high time we sought the answer to some basic questions, relating to the teeming masses , from the people in power in India. I intend to start a Nyaya Yatra, creating awareness amongst the people. The Nyaya Yatra will consist of visits to various Places in India, token hunger strikes there and eventually Fast unto death. If you agree then let me know. The following are the reasons & demands:-

Ten percent of the Indians, comprising of the Government Officials, the Politicians, The Judges, The Bureaucrats and the Super rich are exploiting and devouring the dreams and aspirations of the balance 90 %, i.e. the general public. Let it be, may be it is destiny and they are not to blame but the following minimum demands need to be met, While the Government is free to decide the Complicated issues like Nuclear option, the foreign policy etc but answers to some very simple questions relating to the citizens and the socialist character of the Nation, need to be given:-

Problem -1. Crores of cases are pending in Courts, the entire Judicial system is in shambles & has failed .The Supreme Court and High Court judges often proclaim openly that the Government is not providing the Infrastructure but none of them have ever done anything to force the Government, to act. On the other hand, if two Rail accidents take place, there is demand for Railways Ministers Resignation. The Home Minister Resigns after a few Terrorist attacks and the entire Government is called upon to accept Moral Responsibility & Resign In Maharashtra and other parts of the Country, thousands of Farmers have committed suicide on their failure to manage their families. Then why can not the Judges of the Supreme Court and High Courts also own up Moral Responsibility & Resign to put pressure on the Government.
Demand -1. I seek the Resignation of the Chief Justice and other Judges of the Supreme Court & High Courts of India so that the Government is forced to provide the Infrastructure for disposal of at least 95 % of cases within six months. At least ten times the present strength of Judges is required. Instead of prescription of minimum number of Judges in Supreme Court, Our Constitution provides for the opposite, i.e. there is restriction of maximum number. I had sent letter to Chief Justice of India on 07-11-2007, calling for his Resignation, the letter is reproduced here:-

Problem-2.The Government has monopolized & usurped the medical facilities of the Country for the chosen few while the general public is dying on the roads, due to lack of even the most basic of medical facilities Now how can the socialistic Constitution of India permit this. Billions of Rupees of public funds are spent on costly treatment of VIP’s.
Demand -2. The Central Government & State Governments should make available from public funds, for medical treatment of the common citizen, the same amount as they would spend for the treatment of the Prime Minister, the President, The Chief Ministers & VIP’s in States, the Judges , the I.A.S officers, Other State & Central Government Employees. In short free medical aid should be made available to the Citizens irrespective of his or her status in life or in the alternative; VIP’s & Government Officials should also die on the roads , same as the general public.

Problem- 3. Speculation in land has become the national Sport of India & Indians, every body including Governments, politicians, Traders, Government officers, Judges & other rich & powerful persons are engaged in buying, hoarding & selling at profit, land all over the country, just like potatoes and Onions. In case of housing land in urban areas, the State itself is the biggest Land mafia. At the same time, Crores of citizens are living like animals on roads on footpaths on drains.

Demand-3. Stop Speculation in Land. The Ceiling Act, repealed in 1999 has to be reenacted. & this ceiling should apply to all towns above 100000 population.Hang those who defy the ceiling. Ban Sale of Agricultural land in the Urban areas to non agriculturists (those whose families did not hold agricultural lands at the time of Agrarian Reform Acts within 15 km radius of the then Urban boundary).Exempt developers ,with the restriction that they will have to complete their Schemes within 5 years,
Ensure for provision of minimum 50 square meter of Housing land to all slum dwellers at rates affordable to them based on the average earnings of Indians after excluding the earnings of the higher earning ten % .

Problem-4.The Government has been spending billions & billions of rupees from public funds on the Security facilities of the VIP’s, while the general public is dying on the roads; in their houses, at the hands of criminals & terrorists. All our Hindu Gods & Goddesses carry a variety of weapons, Shiv ji carries a Trishul, Hanuman ji a Gada, Ramji -A Bow, Krishna ji & Vishnu-the Sudarshan Chakra, Ganeshji & Lord Kartikeya are suitably armed, Ma-Durgaji, Ma Kali are carrying weapons in many of their arms thus the message of my religion for me & all my fellow Country men of my faith is loud & clear-Violence is a way of life for your own Protection, Be suitably Armed for any eventuality. Two Terrorists killed hundreds of innocent citizens in Taj Hotel. Had the public inside been suitable armed and prepared, then could they kill so many. The Terrorists themselves would have died at the Citizens hands much before the NSG Commando’s arrived.
Demand-4. All the adult Citizens of India should be issued, on their demand, Arms Licenses for their protection & hand-Guns should be imported from China & given free of cost to them so that they too can have some chance to protect their lives, their loved ones and their property, from criminals and terrorists.

Problem-5. Millions of Job-seekers & students are cheated by Governments by not actually sending entrance papers and interview letters but they are shown to have been sent by way of false Under postal certificate (UPC), Almost all U.P.C’s are bogus.
Demand-5. Immediately ban the UPC service of Post office and instead send all intimation letters by Registered post.

Problem -6. All the Basics of life in India namely Education, Health, Justice & Housing are under the control of the mafia out of these the last two are under control of the Government which itself is the biggest mafia in control of Justice & having monopoly over Housing Land. these basics of life are priced out of the reach of the masses. There is an all pervading sense of insecurity amongst the masses leading to corruption at all levels. Politicians and Government officers have only two things on their minds, Bribe & Sex, Government Offices and Secretariats have become Dens of Pimps and Touts. Even Military generals are accused of embezzlements in purchase of meat, eggs and rations, selling subsidized Liquor in the open market and mixing water in Fuel tankers, which is a pitiable situation.
Demand-6. Take steps to ensure that Mafia elements are ousted from these Basic services , laws are suitably amended in a people friendly manner and all the basics are available at affordable costs to all and the sense of insecurity amongst the masses is no longer there. Provide for capital punishment for corruption.

Problem -7. It is a well known fact that thousands of false complaints are lodged against innocent persons daily leading to their harassment. People have been languishing in Jails for murders of people, who are alive.90 % of Dowry & SC/St harassment cases, are false.The Cr P C & the IPC are without adequate safeguards in them to protect the citizens against false complaints.The history of criminal trial in India & the mind set of the Judges, brings out a very disturbing picture and that is that if a F I R is lodged, then PUNISHMENT & IMPRISONMENT IS MUST no matter howsoever, false, the Complaint may be. Because if the Police finds the complaint to be bogus & expunges the F I R or files Final report then their action is opposed by the Courts on hundreds of grounds, like by saying that police has taken bribe etc from the accused etc etc, or the investigation is not proper etc etc On the other hand if a charge sheet is filed by the Police, howsoever false it may be then no Court will interfere & will say that the Police has acted most honestly & a innocent person will be harassed through out his life. It is much easier for the Police to charge-sheet an innocent person rather then to acquit him and they are taking the easy way out. Even the Supreme Court, which frequently over-rules the Judgments passed by full benches of the Higher Courts, when it comes to quashing the false Charge-sheets filed by Police Sub inspectors on the basis of false complaints/witnesses, take the word of the Sub-inspector as the Gospel truth.
Demand-7.Amend the Law so that false Complainant is given the death penalty. The Complainants should also be subjected to Narco Analysis & Lie Detection tests. These tests should also be used to prove the innocence of falsely accused persons, just as they are used to prove the guilt of the guilty.

Problem -8. The Indian State & the Judiciary is no longer capable of making proper Laws & proper interpretation of the Indian Constitution, due to the rotten Legal education system and pro Government wrong Judicial decisions prevailing since decades.
Demand-8.Call for Legal Experts from abroad to give lessons on Article 13 of the Indian Constitution & other fundamental Rights of Citizens to the Indian Judiciary.

Problem -9.Actually the problem is that when the British made the laws in India all legislation in India was based on the principle that those implementing it will be absolutely fair & that is why most of the legislations are failing presently because the implementing agencies are totally dishonest hence if any legislation in India is to succeed then, it should be kept in mind, while framing it, that the implementing agency is most likely to be totally corrupt & therefore for this purpose necessary safeguards & penal provisions to punish the implementing Agency have to be inbuilt in the existing and new legislation
Demand-9. The Central and State Governments should insert the necessary safeguards in all Laws (in the Law itself),to punish the officers for dereliction of duty, for example if the Municipal Law prohibits commercial buildings in Residential areas but such buildings do come up then the concerned Engineers and other officers , entrusted for their prevention should face severe punishment of at least seven years in Jail immediately as well as termination of service, similarly if a Revenue Inspector fails to report an encroachment on public land immediately then he should face same penalty immediately. Provide for capital punishment for corruption.

Problem-10. THE NAREGA ACT, 2005 (Gramin Rojgar Guarantee Act) for purpose of giving guaranteed employment to the rural poor will most certainly break up the Rural households and the joint family system prevailing for millions of years due to the wrong definition of “Household” which means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card; Thus if a Householder is living together with say
His three sons & their wives as well as his own minor children as well as
those of his sons then only one of the entire lot will be entitled to Employment Guarantee of hundred days and if the House hold breaks up and the Sons start living separately then at least four of the lot will be entitled. Now what will this do, is, either break up the family or force them to get separate ration cards, live together but lie about it and bribe the Pradhan and in short become a thief in the eyes of the Law.
Demand-10. I therefore demand from the Central Government to make the necessary change in the definition of the word “household" in the THE NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005 so that it does not lead to breaking up the Households or to converting millions more (poor rural citizens), to the already a very large community of Liers & thieves which we, Indians already are. The word Household or family should mean “husband, wife and minor children only” as it is defined in all other laws.

Problem-11 Article-14 of the Constitution has to be properly redefined, If Mulayam Singh is the C.M, he pumps in thousands of Crores in to an obscure Village Saifai, which is his constituency and his Home District is freed from power cuts. If Sonia is in power, the Central Government pumps in thousands of Crores worth of projects in her Constituency, Similarly Railway Ministers from Bihar provide hundreds of Trains to Bihar, ignoring the rest of the Country, at the same time hundreds of Parliamentary or Legislative Constituencies lack the most basic of facilities. What is this? Is it not might is right, the Uncivilized ways of the Barbarians.
Demand-11. The Planning Commission should be accorded Constitutional Status and the location of all projects of the Central or State Governments above (presently 10 Crores of Rupees) should be cleared by the Planning Commission after carefully analyzing the Statistical data of various constituencies and their need. The Politicians in power should not have the power to nurture their Constituencies at the cost of other citizens, of other Constituencies. If this is not done then just as States are breaking up alleging discrimination against one region or other, there will be hundreds of other break-ups threatening the Unity and integrity of the Nation itself.

Problem-12 The Hindu/Sikh Community is being discriminated against in all Islamic Countries of the World, Jajia Tax is being levied on them, their Houses are being seized, their lives and properties are at constant risk at all times.

Demand-12. The Government of India should issue an open invitation to All Hindus/Sikhs of such Islamic Countries, like, Pakistan, Afghanistan, Bangladesh, Indonesia, Malaysia etc to come and settle freely in India.




To Hon’ble Justice…K.G Balakrishnan, C. Justice of India. .Supreme Court of India New Delhi

From (Robby Sharma)- 865, Block-B, Panki Kanpur-Uttar Pradesh India-pincode-208020
.Mob-0-9415438326, email- sharmarobby@hotmail.com , blog-http://sharmarobby.wordpress.com Hon’ble Sir: Appeal 07-11-2007
Nations can fight wars & still Survive; Nations can fight Disease & still survive: Nations can fight hunger & survive.
No Nation, which does not, ensure, Justice to its Citizens can ever Survive.
When a few Railway accidents happen, there is a hue & cry & the Resignation of the Railway Minister is called for:
When a few riots take place, the resignations of the C.M, P.M, Home Minister are demanded & in the past a few Politicians did resign taking moral responsibility for the failure although they themselves were not rioting.
After the China War debacle, the Defense Minister went although he was not on the front , fighting.
There is total failure of the justice System in the Country, with millions of cases pending & millions of uprooted Farmers are not able to get their Land Acquisition Compensation as their cases have been pending for decades at various levels.
Millions have died waiting for justice and yet their cases are pending and their dues gobbled up by the respondents, with the Government itself gobbling up billions of rupees being the biggest litigant.
Still many millions, victims of heinous crimes have died, their souls waiting, for punishment of those who killed or maimed them. The President of India, K R Narayanan on 28-01-2000, while speaking on the occasion of the Golden Jubilee of the Supreme Court of India said “That even now Justice is not available to the poor….That is why it is said that Courts are Casinos, where a lot depends on how you throw your dice…..If the Citizens do not get fair & affordable justice then … they may instead of following the rule of law, take the law in to their own hands”.
(The news items dated 29-01-2000 were carried in Amar Ujala & Aaj of Kanpur )
At various forums, the Chief Justices of India as well as other Hon’ble Judges have voiced their concern saying that the Government is not appointing the required number of Judges and is also not giving the required Infrastructure. It is true that at least ten times the present strength is required. In Pakistan having just about 15 % of population as compared to India , there are about nineteen serving Supreme Court Judges while our Constitution provides for a maximum strength of about 27 or 28 instead, it ought to have provided for a minimum number rather than for maximum.
The result is that many languages and states of the Country may not even find representation in the Supreme Court. Thus from the beginning it seems the Rulers did not want the Country to have an effective Judiciary. All the essentials of life i.e. Education, Health Services, Land for Housing and Occupations, in Cities have been allowed by the Governments to fall in to the hands of the Mafia and it is not providing Infrastructure for an effective Judiciary.
Out of the above, The Government is the biggest Mafia, controlling Land, specially Urban Land, acquiring it at throw away prices on a large scale & thereafter hoarding it and releasing it in small quantities, slowly, driving up the prices and profiteering, a la- Sukhhi Lala of the Film Mother India who used to hoard the grain and then ask for the Honor of the women who wanted grain to feed their Children.
There has grown an all pervading Sense of Gloom and In-Security amongst the Masses in the Country.
The Senior Officers of the Army are being charged with crimes of selling off petrol during transportation & instead, carrying water in its tankers & dumping in the fuel dump(case reported from Jammu recently) then there was the News of selling off of subsidized Liquor of Army Canteens, in to the open market by Army Generals. There has been embezzlements in purchase of Army Rations, Pulses and meat & underweight Eggs as well. Such a situation is deplorable but how does one expect a well read, sophisticated Army Officer to pay for the professional education (Medical/Engineering/MBA) of his Children which can presently cost about Rs twenty-thirty lakhs per person in India. How can he buy a House for himself which in keeping with his status can cost upwards of several Crores in a good-sized City. We are not paying him that kind of a Salary? Therefore by allowing for large-scale speculation in land as well as surrendering the Education & Health services to the Mafia forces the Governments have destroyed the Institution of the Army as well.
Therefore I am aware that alongside the suffering masses of India, People of the Judiciary are also the Victims of the wrong policies of the Governments and many of the Judges at the lower Court Levels along with the Advocates practicing there are also struggling to meet both ends meet. The same may be the situation with respect to many advocates in the High Courts of a few Northern States and even the Judiciary is not free from this sense of Insecurity.
Other than the resignations en- masse by the Judges of the Supreme Court and the High Courts, there is no other way to force the Government to provide for at least ten times the number of Judges as well as the required Infrastructure. That is the only way by which the Governments will be pressurized to act.
Therefore I appeal to those of you , who, have the financial security of their own and not dependant on the Government for it & who have their Children well settled in life, to resign & force the Government to provide the Required Infrastructure & fix a time limit for disposal of various types of cases so that at least 95 % of the cases in all the High Courts/Supreme Court/Consumer Commissions /Consumer forums are decided after full study of files, in maximum 100 days and at least, 95 % of the cases in the lower Courts are finally decided in maximum 200 days.
Although in the past I have said many uncomplimentary things about the Judiciary but recent happenings have made me think again. As per News Item dated 28th October-2007, in the presence of the Ex Chief Justice of India Shri V. N. Khare, it was observed that the Rulers want to keep the Judiciary handicapped by not providing the required Infrastructure. In view of the above I have decided to Appeal to your good Conscience. I have further decided to devote the rest of my life to achieve the above Objective & raise my voice & undertake a Nyaya-Yatra, to secure Fast & efficient justice for all in India.
This letter is being sent first to the Chief Justice of India only thereafter it will be sent to other Judges.
I remain Yours Sincerely
(Robby Sharma)