Wednesday, April 06, 2011

Jan Lok Pal Bill proposed and drafted by Anna Hazare & his Team. Whether it is Unconstitutional?

Jan Lok Pal Bill proposed and drafted by Anna Hazare & his Team. Whether it is Unconstitutional?

06-04-2011

Sir

Contrary to what the Government Spokesmen have been claiming on TV channels, there is nothing in the Constitution of India which prevented private Citizens from proposing a BILL however the Parliament afterwards made the procedure for conduct of its business and then made provision only for Government Bills and Private Members Bill. Even then the Bill only needs to be introduced either by a Minister or a Private Member. There is nothing in the Constitution which says any thing about drafting of the Bill. Therefore the stand of the Government that by allowing privately drafted bill it will mean opening a Pandora’s Box and Unconstitutional is totally Wrong.

Whether Civil Society can Join in Drafting of Jan Lok Pal Bill

06 April-2011

1. There is nothing in the Constitution about who will draft the Bill.

2. In the Constitution there are only two types of Bills, Money Bills and other Bills. There is nothing in the Constitution which disallows Private Citizens Bills.

3. Later on, when the Parliament made rules for conduct of Business, they provided for two types of Bills, Government Bills to be introduced and not necessarily drafted by the Minister of Concerned Department and Private Members Bill, to be introduced and not necessarily drafted by the Member of Parliament.

4. That thus the Government has merely to take the Jan Lokpal Bill drafted by the Team of Anna Hazare and after due deliberations, GET IT INTRODUCED BY THE MINISTER OF THE CONCERNED DEPARTMENT AND GET IT PASSED. Or A private Member of Parliament can take it and introduce it in Parliament.

In British & American Parliament/ Congress, private Citizens Bills are allowed to be introduced and passed for certain purposes. Some extracts are as below:

Robby Sharma

865, Block-B, Panki Kanpur.208020

Email—sharmarobby@hotmail.com Mob-91-9415438326

Bills in British Parliament

Different types of Bills can be introduced by:

· The government

· Individual MPs or Lords

· Private individuals or organisations

There are three different types of Bill: Public, Private and Hybrid Bills. There is also another kind of Public Bill called Private Members' Bills.

Private Bills are usually promoted by organisations, like local authorities or private companies, to give themselves powers beyond, or in conflict with, the general law. Private Bills only change the law as it applies to specific individuals or organisations, rather than the general public. Groups or individuals potentially affected by these changes can petition Parliament against the proposed Bill and present their objections to committees of MPs and Lords.

How Private Bills start

Bills can start in either House. The formal stages of Private Bills are broadly the same as Public Bills.

Letting the public know

Parliament requires that Private Bills are publicised through newspaper adverts, official gazettes of local areas, and in writing to all interested parties. People directly affected by a Private Bill - for example, residents near a proposed site for a new cemetery - should also be informed.

Petitioning against Private Bills

Any group or individual directly affected by a Bill's proposals can object to it through petitions, examined and considered by committees of MPs and of Lords. Further details on drafting a petition are available from the Private Bill Offices in the Commons and Lords.

Private Bills before Parliament 2010-11

Listed below are all Private Bills currently before Parliament. Any Bills which start in the Lords have [HL] in their title. Explanatory Notes and Amendments are on each Bill's individual page.

Bills search options:

1.

2.

3.

Current
House

Bill title

Last updated

A

Royal Assent

Allhallows Staining Church Bill [HL]

04.02.2011

B

Commons

Bank of Ireland (UK) plc Bill

04.04.2011

C

Lords

Canterbury City Council Bill

20.10.2010

Lords

City of London (Various Powers) Bill [HL]

27.01.2011

Lords

City of Westminster Bill [HL]

28.10.2010

K

Royal Assent

Kent County Council (Filming on Highways) Bill [HL]

04.02.2011

L

Lords

Leeds City Council Bill

17.03.2011

Commons

London Local Authorities Bill [HL]

03.04.2011

Commons

London Local Authorities and Transport for London (No. 2) Bill [HL]

31.03.2011

N

Lords

Nottingham City Council Bill

20.10.2010

R

Lords

Reading Borough Council Bill

20.10.2010

T

Lords

Transport for London (Supplemental Toll Provisions) Bill [HL]

29.11.2010

Lords

Transport for London Bill [HL]

10.02.2011

Allhallows Staining Church Bill [HL] 2009-10 to 2010-11

Read the Act
All Bill documents

Type of Bill:

Private Bill

Parliamentary agents:

Bircham Dyson Bell LLP

Promoted by:

The Clothworkers' Company

Petitioning period:

Lords: 26.1.2010 to 8.2.2010 Commons: 19.3.2010 to 29.3.2010

Progress of the Bill

Bill started in theHouse of Lords

1. House of Lords

1. 1st reading

2. 2nd reading

3. Committee stage

4. 3rd reading

2. House of Commons

1. 1st reading

2. 2nd reading

3. Committee stage

4. Report stage

5. 3rd reading

3. Consideration of Amendments

4. Royal Assent

Last event

· alt="Royal Assent" title="Royal Assent" v:shapes="_x0000_i1052">Royal Assent 27 July, 2010 | 27.07.2010

Latest news on the Bill

The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v).

Petition information

The Bill received Royal Assent on 27 July 2010. It is now an Act of Parliament (i.e. it has become law): Allhallows Staining Church Act 2010 (Chapter v). There will be no further opportunities to present petitions against this Bill.

Summary of the Bill

This Bill removes certain statutory restrictions applying to land which makes up the site of the former church of Allhallows Staining, its churchyard, and other adjoining land in the City of London. It would:

· repeal sections 4(2)(b) to (e) of the Allhallows Staining Churchyard Act 1961 to remove certain restrictions placed by the 1961 Act on the churchyard relating to the licensing process when seeking to disturb a grave; accessing a grave in the churchyard; access rights of the incumbent of the united benefices of St Olave Hart Street, Allhallows Staining and St Katherine Coleman; and the erection of buildings on the churchyard

· make provision for the legal use, development or disposal of the land stipulated in the Bill. It would, however, be necessary to obtain permissions from any individuals affected along with the normal planning and listed building consents

· impose detailed procedures to be followed by the company (the Livery Company known as the Clothworkers’ Company - the sponsor of the Bill) when seeking to remove human remains

· make provision for the removal and re-erection of tombstones and memorials. The selection of the new location would be agreed by the relative of the deceased person or their representative

UNITED STATES OF AMERICA

Legislation, Laws, and Acts


Chapter 1: Bills
Chapter 2: Joint Resolutions
Chapter 3: Concurrent Resolutions
Chapter 4: Simple Resolutions

Bills

Bills are prefixed with H.R. when introduced in the House and S. when introduced in the Senate, and they are followed by a number based on the order in which they are introduced. The vast majority of legislative proposals are in the form of bills. Bills deal with domestic and foreign issues and programs, and they also appropriate money to various government agencies and programs.

Public bills pertain to matters that affect the general public or classes of citizens, while private bills affect just certain individuals and organizations.

A private bill provides benefits to specified individuals (including corporate bodies). Individuals sometimes request relief through private legislation when administrative or legal remedies are exhausted. Many private bills deal with immigration–granting citizenship or permanent residency. Private bills may also be introduced for individuals who have claims again the government, veterans benefits claims, claims for military decorations, or taxation problems. The title of a private bill usually begins with the phrase, "For the relief of. . . ." If a private bill is passed in identical form by both houses of Congress and is signed by the president, it becomes a private law.

When bills are passed in identical form by both Chambers of Congress and signed by the president (or repassed by Congress over a presidential veto), they become laws.

Joint Resolutions

Joint resolutions are designated H.J. Res. or S.J. Res. and are followed by a number. Like a bill, a joint resolution requires the approval of both Chambers in identical form and the president’s signature to become law. There is no real difference between a joint resolution and a bill. The joint resolution is generally used for continuing or emergency appropriations. Joint resolutions are also used for proposing amendments to the Constitution; such resolutions must be approved by two-thirds of both Chambers and three-fourths of the states, but do not require the president’s signature to become part of the Constitution.

Concurrent Resolutions

Concurrent resolutions, which are designated H.Con. Res. or S.Con. Res., and followed by a number, must be passed in the same form by both houses, but they do not require the signature of the president and do not have the force of law. Concurrent resolutions are generally used to make or amend rules that apply to both houses. They are also used to express the sentiments of both of the houses. For example, a concurrent resolution is used to set the time of Congress’ adjournment. It may also be used by Congress to convey congratulations to another country on the anniversary of its independence. Another important use of the concurrent resolution is for the annual congressional budget resolution, which sets Congress’ revenue and spending goals for the upcoming fiscal year.

Simple Resolutions

Simple resolutions are designated H.Res. and S.Res., followed by a number. A simple resolution addresses matters entirely within the prerogative of one house, such as revising the standing rules of one Chamber. Simple resolutions are also used to express the sentiments of a single house, such as offering condolences to the family of a deceased member of Congress, or it may give "advice" on foreign policy or other executive business. Simple resolutions do not require the approval of the other house nor the signature of the president, and they do not have the force of law.

Tuesday, April 05, 2011

Laundering of Black Money & bringing it back to India

How the Criminals & Corrupt Politicians/ Bureaucrats are laundering Black Money & bringing it back to India? Very simple:- 06-04-2011.

  1. Earn 1000 Crores by Crime or Corruption or Tax evasion.
  2. Send it by Hawala to the Black Money Account in a Tax Haven Country preferably opened in name of a company.
  3. Transfer money periodically to yet another Company in same or another Tax Haven Country.
  4. Open a Company in name of your close relative or associate/s in India, for doing Online Surveys for various products.
  5. Your Tax Haven based Company hires your Indian relatives Company to do online survey of some products, on behalf of some imaginary Clients and pays the Indian Company a staggering amount of money for each survey say 100 dollars each.
  6. Your Indian Company makes online franchisees and agents in India and offers them ten dollars for each survey (a staggering amount for spending just ten minutes online to complete a Survey.
  7. Your Indian Company makes profit of ninety dollars minus some nominal expenses on each survey.
  8. Within months the number of Franchisees/ agents doing online Survey consisting only of their personal opinion swells to Lakhs, who earn about Rs ten thousand a month by spending just minutes on line.
  9. Your Indian Company makes profit of about 900 crores on its 1000 Crores inflow amount (bribe or crime money sent by you abroad earlier.), in a few months. Pay tax on this and your black money is Home for You. The Agents and Franchisees doing online Survey for you suddenly find that their opinion is not needed any more. No crime is committed in India, every thing is above board.
  10. Some Punjab Politicians have made a Online Survey Company in Singapore, speakasia and it will remain online till their money is Laundered or they find more Clients , who wish to avail their services for Laundering their money.
  11. You can further save even on the Tax payable in India by registering a branch of your Company abroad and bringing in the profit as remittance or dividend.

Robby Sharma -865, Block-B, Panki Kanpur-208020

Email-sharmarobbyhotmail.com -mob-91-9415438326

Tuesday, October 05, 2010

Ayodhya Judgment-the undisputed facts- The Cut off date

Ayodhya Judgment-the undisputed facts- The Cut off date-

By Robby Sharma 05-10-2010

The Ayodhya Judgment was delivered by the Allahabad High Court on 30th September-2010 and the following are the undisputed facts:-

1. That till the Ayodhya Judgment, the claims of the Hindus, that the Muslim Invaders had demolished thousands of Hindu ( Including Buddhist ) religious structures and built their places of worship and graveyards and Tombs as well as palaces over the Site were always passed of as imaginary without proof but now it has been established, both by Judicial pronouncements as well as Archeological and Scientific Evidence that Yes the Muslim Invaders did demolish thousands of Religious structures belonging to other Religions.
2. Mr Mulayam Singh Yadav as also the Muslims want that the Courts should only take a cut off date ,in relevance, which suits them i.e. The Courts should not take in to Account the status and ownership of the Site, which existed prior to 1528 the alleged date of demolition of Hindu Religious Place and Construction of Mosque and the Court should not take in to Account the Status after 1949, after Partition, when again the Idols were placed in the Central Dome. What they say is that only the Dates between 1528 to1949 should be the relevant Cut off dates and status of Mosque should be recognized. Now I wish to point out that Religious structures of Hindus and other Religions were destroyed by Muslims by the force of their swords. (Even Christians destroyed the Religious structures of other religions when they had the power of the sword on their side. They took away the Land of the Hindus and gave it away to converted Christians, all over India including Goa and it was only when the brave Hindu Kings like Shivaji, Ranjit Singh, Guru Gobind Singh and others became powerful that the Hindus were able to get back some of their lost properties). What these Invaders and their Successors wish to be legalized by the Courts is that once a foe has been subjugated by force, all his Right to regain his property ( when he gets the power to take it back ) should be lost forever to him. Going by their contention Ram never had the Right to regain Sita, who was abducted by Ravan.
3. That can not be so take the example of Israel, the Jews, the oldest of the lot i.e. Jews ,Christians and Muslims in that order, regained after centuries what was grabbed by other religions from them like Jerusalem and all their other religious places belonging to them and that too after thousands of years, when they gained the power to regain these places.
4. That therefore as far as other mundane property is concerned, if such property is taken forcibly from him , may be in a barbaric Society the original owner loses his Title and Right to regain it immediately after the event and even in Civil Societies he may loose it after a few decades or centuries but as regards the matters of faith, the Right, to, regain the Places of Faith, Lost , to an invader will always remain with the original faithful for eternity.
5. One other noticeable fact after the Ayodhya Judgment was the Contempt and rightly so with which Sri Ravi Shankar Prasad the Advocate of Hindu parties and BJP M.P, treated the Hindu Bashing , Pseudo Secularist Media Bigwigs like Barkha Dutt, Arnav Goswami, Pranoy Roy, Rajdeep Sardesai and Ashtosh , who get their bread and butter from Islamic Sheikhs and the Church and whose sole aim and profession is Hindu Bashing. Hats off to Sri Ravi Shankar Prasad.
6. Please take an oath that in matters of faith do not ,repeat do not rely on the Courts as the Constitution has not provided for the undoing of the wrongs committed by the Invaders. The Supreme Court may undo the High Court Judgment .It will be in the interests of Muslims to do some introspection and ask the Hindus for a small list of other such very important places, sacred to the Hindus ,which were destroyed by the Muslim Invaders ( even their own Historians recorded the plunder of the Hindu Temples and the facts are known to all ) and then offer to restore them to the Hindus if the Archeological evidence supports their claim and it will be in the interest of the Nation that the Hindus keep such a list as short as possible and resolve the matter once and for all.

Thursday, May 27, 2010

Madhuri Gupta the Spy love or plain Lust

Madhuri Gupta the Spy love or plain Lust
27-05-2010

The News Channels Glorified her by saying that there was a love angle behind her spying Activities. Now why must Love be so degraded, it was nothing but Lust or plain craving for sex and money which was behind her evil deed and this should have been highlighted by the Media.
I have been researching the subject and have reached the conclusion that Ugly Men or women should never be given top posts in bureaucracy as their inferiority Complex forces them to seek publicity at any cost.
I recollect that in Kanpur, there was this I.A. S. officer N.N. Prasad , Vice Chairman of Kanpur Development Authority, a truly ugly man. He was publicity crazy like hell and not a day would pass before he would call the press and give some sort of interview to them highlighting some imaginary gallant deeds he was doing on the post. Millions of Rupees were distributed to the Press-walas through the Care taker of this cash rich but totally corrupt Authority. One leading newspaper magnate of Kanpur printed his interview on 3rd of October, 1999 praising him and the next day this ugly fellow sent a proposal to allot to the Newspaper owners a ten thousand plus square meter Garden Plot on the biggest Cremation Ghat of Kanpur for building a Multiplex Cinema cum Mall and finally allotted it to them.
Similarly One Anita Bhatnagar Jain another I.A.S , while she was Commissioner of Kanpur /Vice Chairperson K.D.A was a ugly midget and like N.N. Prasad she could not bear the thought of a day without seeing her picture in the News papers she also spent lakhs of rupees of K.D.A’s ill gotten do number ka paisa (load on contractors and Touts and officers through the care taker.) on pleasing the Press walas in good humor.
I used to attend some seminars on Environment Issues those days in the Merchant Chamber they were hosted by one Rakesh Jaiswal who ran a N.G.O. Eco friends. Every time she used to be the chief guest and every thing would be serious and quite till she made her entry and along with her appeared a full battery of Press Photographers and Reporters as if they appeared out of her body itself. I remember a Movie “Shogun’s Ninja” in this movie the villain had two ghost like evil creatures who during a fight used to appear from the Shogun’s Arse and kill his opponents. I stopped attending the meetings in disgust.
Therefore my advise to the Government is not to post ugly I.A.S or I.F.S officers to sensitive posts.
Look at it the other way also, Laloo Prasad , Mulayam Singh and many others, who are facing C.B.I probes for ill-gotten wealth now what do they have in common. You will find hundreds of such examples of ugly people on high posts ,they are all publicity crazy and mostly corrupt. What is more they become so only when they hold high posts not if they have a normal status. Remember Advani was also under the Hawala cloud, look at Chandra swami, Shibu Soren, Bangaru Laxman, A Raja Karuna nidhi, Lalit Modi , Hooda, , Narain Dutt Tiwari, Arjun Singh, Badal and the like. Look at Amitabh Bachan, Shahrukh Khan, Amar Singh & Sanjay Dutt, all ugly and always in News and controversies. I may be wrong but I have a strong hunch that I am right.
On the other hand look at Madhav Rao Scindia, Jai Ram Ramesh, Sachin Pilot, Jitin Prasad, Rajiv Gandhi, Rahul , Priyanka, Sonia, Nitish Kumar, all charming people with radiant faces and you will never hear about any such lowly ill deeds attributed to them, with the exception of Tharoor.

Robby Sharma

Sunday, October 18, 2009

Origin of the Marwari’s wealth

Origin of the Marwari’s wealth
Posted on 18th October-2009
Here is what an enlightened gentleman in Rajasthan told me about the origin of the Marwari’s wealth:-
In the barren desert of Rajasthan, where no agriculture was possible,the only thing which grew in abundance was shrubs and dry grass, as a result hundreds of Nomadic families, who owned lakhs of Cattle, Sheep, Camels etc used to roam the country side, including other States to graze them, the entire families/tribes accompanied the herds, which were many miles long (I myself came across never ending rows of sheep, for miles and miles and that too in early seventies) and once or twice a year , they used to return to their villages and when they used to sell or sheer their cattle, they were faced with the predicament of safeguarding the money realized, as they were roaming around most of the year, easy target for bandits.
The local, cunning Marwaris living in small towns used to charge them interest for keeping their money safe and at the same time used the money to lend to Kings and Nawabs in their hard times and later on invested this money in big towns like Calcutta, Madras, Bombay, Kanpur etc etc in money lending and Industrial ventures.
Thus they realized double profit on the money, as safekeeping fee from the owners of the money and on account of interest earned from those to whom they lent it or in the industrial ventures they undertook by that money.
That is what is called Aam ke Aam Guthlion ke daam.
From the abject poverty widespread in Marwar /Rajasthan it seems that many of the actual owners of the money were not paid back and many perished, while roaming, at the hands of Muslim invaders, while the Marwari grew fat, wealthy and successful on the Nomad’s money.

Robby Sharma
(865, Block-B, Panki Kanpur 208020)
Mob-91-9235844258; 91-9415438326
sharmarobby@hotmail.com

Sunday, August 30, 2009

PROPHECY-CHINA WILL OCCUPY INDIA

PROPHECY-CHINA WILL OCCUPY INDIA
By-Anton Johansson, Sweden (1858-1909)
Posted By Robby Sharma on 31-08-2009
sharmarobby@hotmail.com Mob-91-9415438326

Johansson predicted the following details:

1) India will be occupied by china.

2) New diseases used as weapons will cause 25 million people to die.

3) Persia and Turkey will be conquered by what seem to be Russian troops.

4) Revolutionaries will instigate unrest and war in India and Egypt to facilitate the occupation of India and Europe.

5) The Russians will conquer the Balkans.

6) There will be great destruction in Italy.

7) The "red storm" will approach France through Hungary, Austria, northern Italy and Switzerland. France will be conquered from inside and outside.

8) American supply depots will fall into Russian hands.

9) Germany will be attacked from the east.

10) There will be a civil war, Germans will fight against Germans.

11) The Eastern Bloc will cause a civil war in England.

12) Russia will lead a mass attack against the United States, so U.S. forces will be prevented from reinforcing Europe.

13) New weapons will cause huge hurricanes and firestorms in the USA where the largest cities will be destroyed.
(A)-- With respect to the above it is not clear whether the prophecy was only about Chinese Occupation of thousands of Square miles of India’s Land, which China already occupies or whether it predicts that Entire India will be occupied by China.
(B)-- Surely West Bengal has been already under occupation of the Communists for last thirty years and they the Communists had their allegiance towards China even during the 1962 Indo-China War so does it fulfill the Prophecy or is their still more to come.
( C)-- What is however certain is that the Church, which started the Balkanization of India by converting all the tribes of entire North East –India, will be the main culprit in the event of the Occupation of North East India by the Chinese, which is a certainty in about fifty years and who knows may be they will drive down the beautiful Highways being made under the Golden Quadrilateral Scheme.
(D)-- By Revolutionaries, what Johansson meant is not clear but recent News say that one third of India is under sphere of Naxalites (whom the Chinese and millions of Indians also see as revolutionaries) influence and surely it is bound to increase given the totally Corrupt Politician-Bureaucracy-Judiciary-Mafia-Black money-Elite combine, the Common man is not going to get any relief under the present set up and like I wrote earlier that by 2030 India will be the Biggest & Cheapest Brothel and Human organs market of the World. So pray and if possible learn Cantonese.
(E)-- When the worst happens, one can be sure that the Present crop of Politicians-Bureaucrats, Judges and the Super Rich and their Progeny will have flown to the Tax-Havens.

Tuesday, August 18, 2009

HOW CORRUPT CAN CORRUPT INDIANS BE

HOW CORRUPT CAN CORRUPT INDIANS BE

By Robby Sharma Kanpur ----------------19th August-2009
Mob-91-9415438326-Email- sharmarobby@hotmail.com
Here is what I got to hear from a Veterinary Doctor friend.
During the tenure of Morarji Desai as the P.M of India, In keeping with his policy of prohibition, it was decided to declare at least the Pilgrimage Centers as Liquor Free areas ( Madhya Nishedh Chetras) in U.P. The Birth place of Tulsidas, Rajapur was also chosen to be so declared and the then Minister in charge hailing from Kanpur was to address a function there and declare it as Liquor free Area.
The Excise Commissioner One Mr Lal and few of his cronies started in their Ambassador Car from Allahabad to make arrangements for the Ministers Visit. Their Car broke down and in those days the way to Rajapur was hazardous and even the BDO did not have a Jeep, there were none available on hire also. The Medical Officer posted in the Block & Doctor Sachan the Veterinary Doctor posted there offered to carry four persons including the Commissioner on their Motorcycles to the Rest House in Rajapur.
The Excice Commissioner was carrying a sealed wooden Crate, which could not be carried on the Motorcycle so Doctor Sachan advised that the Crate be opened and the contents carried in the side Dicky of the Motorcycle and partly in hand bags as they could not keep the Crate on the Motorcycle and still carry two passengers. With great reluctance the Excise Commissioner agreed and the crate was opened, it contained dozen or so Bottles of the finest liquor.
The Minister and his Entourage as well as the Commissioner and his party had a hearty Liquor Party with Chicken, mutton and other delicacies in the evening in the Rest house and in the Morning, The Minister paid Rich tributes to Tulsidas ji calling him a great saint and said the place of his birth was a sacred place and in front of the gathered crowd, he declared the Area as Liquor Free Zone (Madhya Nishedh Chetra).

Tags: Corrupt India. Shameless India.

Islamic Money Controls Indian Media & hundreds of NGO’s

Islamic Money Controls Indian Media & hundreds of NGO’s
By Robby Sharma------------- 18-08-2009
Mob:91-9235844258;91-9415438326
sharmarobby@hotmail.com
Ever wondered why one so called Mosque demolished in Ayodhya has bee shown thousands of times on News Channels and English print media but thousands of Temples demolished in Kashmir have never hit their screens or pages. Ever wondered why the fact of ethnic cleansing of Pandits from Kashmir never garnered the media Screens headlines.
Ever wondered why the Godhra carnage & the burnt Kar Sewaks & the Train went out from News channels and print media in a flash while the News about Atrocities committed on muslims in Gujrat refuse to exit the T.V screens.
Most of the English print media was already controlled by the Islamic Oil billions and after the TV media came in to being now it is they who are receiving billions of OIL dollars to show hate stories about so called Hindu fundamentalism. After the Godhra carnage and subsequent Gujrat riots, most of the media heavy weights were paid billions of rupees to espouse the Islamic cause, One Media reporter a she who often reports from the Bunker and another media stalwart one son of a famous India Cricketer are said to have been paid and are being paid crores and crores of Rupees of Oil money by the wealthy Sheikhs.
How the Muslim cause is being espoused by the Judiciary also needs to be kept watch of. Islamic money is now influencing the Judiciary in a big way. Ten Lakh Rupees interim Compensation has been awarded for the fake encounter case of a known criminal. Has the Supreme Court ever passed any order condemning the ethnic cleansing in Kashmir.
Most of the NGO’s headed by Magsaysay or Booker prize winners and other English speaking elite are striding the Courts and Political forums as they get fat on Islamic money routed to them through different channels. Did any of them ever say a word about the Godhra or Azamgarh carnages while they took the Best bakery case till the Supreme Court.

The likes of Tista Sitalwad, Arundhati Roy, Megha Patkar, Sunita Narain, Bunker Girl B.D and our own Mamta Didi, Brinda Karat & her other Commie friends as well as the entire Congress and Samajwadi fraternity get their Throats sore by shouting Anti Hindu Slogans. Were they to dare to go and raise their voices in Kashmir against the Islamic radicals in Kashmir for the Ethnic Cleansing of Hindus, I am sure that most of them would be raped, maimed & killed and their deaths blamed on the Security forces.

Tuesday, June 16, 2009

Ganga-A National River-How politicians break a country

Ganga- A National River-How politicians break a country

To Shri Manmohan Singh Ji 17-06-2009
the Prime Minister Of India
New Delhi

Respected Sir
1. I had written, earlier, a detailed article on River Pollution, specially about River Ganga to your good self on 22-06-2008. Since then you have declared the Ganga River as a National River and declared the formation of a Ganga Basin Authority. Sir people have applauded your action but I wish to lodge my protest for the same because I feel that it is such irresponsible acts of Politicians, which have been slowly breaking up the Country
2. I had in my earlier letter clearly mentioned that “The Government of India should immediately make suitable Legislation with reference to the entry at S.No.56 in the Seventh Schedule, Union List of the Constitution & immediately make suitable Legislation with regard to the Ganga & other Inter-State Rivers. Although in the end of that letter, I had also expressed my special anxiety for the Ganga, which action of mine, I myself regret, but you being the head of the family should have tried to treat everyone, every State and its people and the Rivers flowing through them alike.
3. That you have under pressure of various agitations, declared the River Ganga as a National River and also garnered much publicity. Are you waiting for people of other States, also hurt by the pollution of rivers, flowing through their states, to start agitating with respect to other Rivers, take to the Streets, before they can get the same Status for the Rivers, which are their very lifelines. Such actions of Politicians have been breaking up the Nation. Every four or five years, there are agitations saying that such and such part of such and such State is being discriminated against and there is demand for new State and many have been made and they may further, in future, turn in to Countries, who knows?
4. Therefore you should have made similar announcements for all other Inter-State rivers and should not have singled out the Ganga. More on the matter need not be said as it should be understood. Sir I condemn your action of singling out the Ganga for granting National River Status. It should be accorded to all other Rivers and the legislation, you have made under your powers given by the Constitution should be made regarding all the Rivers of all the States. Had you mentioned in your declaration that you would be making similar legislation in the shortest possible time for other Rivers also then your declaration could have been termed as a rational one but in the absence of such a assurance, it ,your declaration, smacks of appeasing a certain section of the electorate, before the recent elections.

Thanks
Yours truly
(Robby Sharma)
865, Block-B, Panki Kanpur-208020
Copy To:
1. Smt Sonia Gandhiji, 10, Janpath New Delhi.
2. Baba Ramdeo Ji, Patanjali Yog Peeth, District Haridwar Uttaranchal.
3. Rashtriya Swayam Sevak Sangh, headquarters at Nagpur Maharashtra.
Tags- How to break a Country, Ganga-A National River,

Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.

Part-5-All good things come to an end in the Supreme Court of India-Nazul Free Hold Case of U.P.
Kanpur-16th -June-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. The State of U.P was taking very heavy amount as premium for free hold of Nazul Land given on lease earlier while in the case of Free hold of plots given on lease by the Development Authorities and Awas Vikas Parishad, only a fraction was being charged .In a Land mark Judgment,dated-30-03-2006, the Allahabad High Court in Civil Misc Writ Petition No.3341 of 1999 in the matter of Harish Tandon V/s State of U.P, found this to be discriminatory and in violation of Article 14. This Judgment would have benefited Lakhs of holders of Nazul leases.
2. However, as usual, before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, aghast at the relief provided to the general public i.e. the insignificant common man, stayed the order and thereafter it has been sitting on the file for about three years. On top of it had taken 7 years in the Allahabad High Court and before that a considerable time in fighting before the Authorities. The Order of the Supreme Court reads:-ITEM NO.30 COURT NO.3 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).17245/2006 (From the judgement and order dated 30/03/2006 in CMWP No. 3341/1999 of The HIGH COURT OF JUDICATURE AT ALLAHABAD) STATE OF U.P. & ANR. Petitioner(s) VERSUS HARISH TANDON Respondent(s) (With appln(s) for exemption from filing O.T. and with prayer for interim relief and office report) Date: 03/11/2006 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. AGRAWAL HON'BLE MR. JUSTICE P.P. NAOLEKAR For Petitioner(s) Mr. Harish N. Salve, Sr. Adv. Dr. R.G. Padia, Sr. Adv. Mr. S.W.A. Qadri, Adv. Mr. Kamlendra Mishra,Adv. Mr. Rajeev Dubey, Adv. Mr. Fuzail Khan, Adv. For Respondent(s) Mr. Dinesh Dwivedi, Sr. Adv. Mr. Ashish Mohan, Adv. Mr. K.K. Mohan,Adv. UPON hearing counsel the Court made the following O R D E R Leave granted. Until further orders, status quo as it exists today shall be maintained. (Rajesh Dham) (Madhu Saxena) Court Master Court Master
3. Till today, the case is pending and it is such a case in which it is most likely that the private party may have already reaped the benefit of the High Court Judgment and even otherwise may not even file a reply so the Case will meet a slow death in the Supreme Court and thus the benefit given to the common man by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and it is more than possible that it will be denied forever because of the negotiating powers of the State Government. Therefore once the Supreme Court stays an order of the High Court of such a great public importance, it ought to and it should decide the case in maximum six months even if the respondents are served or not after all they do have the brains to decide the case even in absence of the reply or do they lack the brains and have to depend on the replies and arguments of advocates in which case the public will always loose as the State can afford to hire the most expensive Advocates at public cost and that too mostly to serve their egos and no public interest is involved in challenging the orders of the High Court.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Tags- Supreme Court of India, All good things come to an End, Nazul Land Free hold case in U.P.

Sunday, June 14, 2009

Indian Army-What a Shame ?

Indian Army-What a Shame ?
13- June-2009
News paper headlines as below:
Railways will post special posse of RPF personnel in trains frequented by Army Jawans, a list of trains for regular posting of the Posse is given then it is further revealed that if ten or more Army-men are found to be traveling in any one coach of any train the Special RPF Posse will be rushed and posted in that bogie.
According to the News report, there were about hundred cases of Molestation of Women passengers, by Army personnel, reported (at-least ten times that number must have gone un reported) at Kanpur Central Station alone during the last year.
The present decision was taken after the incident of two days ago when a Army Jawan, tried to drag a Canadian girl to the toilet, to rape her, he tore off all her clothes, fellow passengers saved her (had the Coach contained more army personnel than there actually were, chances are, that she would have been Gang raped by them and some of the fellow passengers too in all probability. She kept on crying the whole night, complained to the T.T, who sent the GRP escort, who ran away then after about fourteen hours , a few RPF Personnel caught hold of the Culprit and handed him to the G.R.P in Kanpur.
So many accolades are showered on the Army men like they lay down their lives etc etc for the Country but do not forget that there are hundred times more people, willing to be in their shoes, for lesser pay even, it is all because of the huge unemployment problem in the Country that the Army is able to recruit so many Jawans, in Recruitment process alone, hundreds die due to the huge crowd and resultant stampedes etc.
How ever when it comes to the Officers, up to the Major level, there is no parallel to the Indian Army Officers. It seems that the Jawans minus the control of these Officers are just a unruly Mob and that too in a Country, which almost worships them. I have never ever in my life ever seen any citizen showing disrespect to the Army-men. However if ever you are forced by circumstances to board a Railway Compartment, Monopolized by them, prepare yourself for a harrowing experience, you are at best a enemy for them in the coach.
Shame Shame.
Robby Sharma
865, Block-B, Panki Kanpur-208020
Mob-09415438326; 09235844258.
Email sharmarobby@hotmail.com

Sania Mirza-Below Poverty Line Card Holder-

Sania Mirza-Below Poverty Line Card Holder-
14-06-2009
Today’s News headline:
Reminds us again about the most corrupt Country we live in. You see Rahul Gandhi, Manmohan, Priyanka and Sonia waving with radiant smiles on their faces after the Recent Victory. You hear talk of the power given to the youth. You see faces of Jatin Prasad, Jyotiraditya, Priya Dutt then Sharad Pawar’s daughter, Kumari Selja, Naveen Jindal, Sachin pilot , then Karuna Nidhis clan then a few Politicians Concubines etc etc (more of the last lot will come after the Women reservation bill )actually all of them are Billionaires. So are the seniors so effectively you have a Parliament & Ministry populated by at least 95 % Billionaires. Those who have declared five Crores are at least worth a hundred times more every body knows that. Have you noticed any decline in the level of Corruption in the Country? Actually no. In fact it used to be in lakhs previously, now it is in hundreds of crores and mark my word no politician wants to change that.
If things are to change then this younger generation must come clean, say alright our fathers made billions and we are sorry and we are giving back this ill-gotten wealth, back to the Country and keeping say 10 % for ourselves and now we will work to remove Corruption from the Country. No body , none of the so acclaimed younger lot has done that till now.
I recollect in the early eighties, a Rickshaw driving license was made by the Mathura Municipality, in Rajiv Gandhi;s name, complete with his Photo and fathers name etc. Indira was the P.M. Afterwards many heads rolled in the Municipality.
Kerosene shortage was there even then and people had to give an application to the District Supply Officer if they needed Kerosene for some function. There was brisk business of Kerosene Consumer permits in Agra and the general trend was you write the application, asking for two cans (or pipa as it is called in U.P.15 liters each) give some reason, for the need ,give twenty to thirty Rupees per can to the Tout, who used to enclose one ten Rs note with the Application for the Inspector, who used to mechanically just cut the figure “two cans” and write “allowed one can” and thereafter the permit was obtained after paying the other staff. So one person wrote in his application like this “Sir due to too much corruption in the DSO office, I need two cans of Kerosene to set fire to the DSO office.” The inspector mechanically wrote “allowed one Can” and the permit was issued. Next day it was in the headlines “ DSO issues permit to burn his office”. So corrupt is the System.
No body has forgotten how warrants were issued by a Gujrat Court in name of President of India & others.
I recollect that about twenty years back when one had to settle some traffic Challan in the Court, one had to pay about twenty to thirty Rupees to the dealing clerk and he used to pin up one Rs ten or twenty Rs note with each application and go before the Magistrate, Now it is a hundred Rupees note. At that time the Magistrate used to make about Rs two thousand daily without any effort, now it is about ten thousand daily and the process is fully mechanical, you don’t even have to go before the Magistrate.
We live in shameless spineless country.
Robby Sharma
865, Block-B, Panki Kanpur-208020
Mob-09415438326;09235844258.
Email sharmarobby@hotmail.com



.

Friday, May 29, 2009

Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.

Part-4-All good things come to an end in the Supreme Court of India-Housing Societies Stamp duty-Case.
Kanpur-30th -May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. In a Land mark Judgment,dated-October-14-2004, the Allahabad High Court in Civil Misc Writ Petition No.13560 of 2003, in the matter of Rail Vihar Kalyan Sahkari Awas Samiti Ltd and seven other connected petitions ruled that Once a Housing Society had got the Sale/lease deed executed in its favor, the State Government could not force its members to get individual deeds executed in their names as they themselves were the owners of the Society as such they could not be forced to get registered separately portions allotted to them individually, as they themselves were their owners and there was no need for payment of any further Stamp duty by individual members.
2. However, as usual, before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, aghast at the relief provided to the general public i.e. the insignificant common man, stayed the order and thereafter it has been sitting on the file for five years. After completion of hearing, one of the Judges opted out of the case, strangely requiring rehearing by another Bench. The hearing was completed on 15th of October-2008 and the Supreme Court passed the following order “


“ITEM NO.101(Part-heard) COURT NO.8 SECTION XI
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 2938 OF 2005
STATE OF U.P. & ANR. Appellant (s)

VERSUS
ARMY WELFARE HOUSING ORGANISATION & ORS. Respondent(s)
(With office report )
WITH
C.A. No.2939/2005 (with office report),
C.A.No.2941/2005 (with office report),
C.A.No.2942/2005 (with office report),
C.A.No.2943/2005 (with office report),
C.A.No.2945/2005
(with appln.(s) for permission to place additional documents on record and with
prayer for interim relief and office report),
C.A.No.2944/2005 (with office report),
C.A.No.3607/2006
(with appln.(s) for impleadment as party respondent and with office report),
C.A.No.3605/2006
C.A.No.3621/2006
C.A.No.3618/2006
C.A.No.3608/2006
C.A.No.3604/2006
(With appln.(s) for permission to place additional documents on record and with
ofice report)
C.A. No.3606/2006 (With office report)
C.A. No.3603/2006,
Date: 15/10/2008 This Appeal was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE DALVEER BHANDARI
HON'BLE MR. JUSTICE HARJIT SINGH BEDI

Mr. P.C. Agrawala, learned senior counsel appearing for the respondents commenced his arguments at 10.30 a.m. and concluded at 10.45 a.m.

C.A.Nos.2941 of 2005 & 3618 of 2006

Mr. Neeraj Kumar Jain, learned counsel appearing for the respondents commenced his arguments at 10.45 a.m. and concluded at 10.50 a.m.
C.A.Nos. 2939, 2942 of 2005, 3605, 3607/2006

Mr. Mahendra Anand, learned senior counsel appearing for the respondents commenced his arguments at 10.55 a.m. and concluded at 11.05 a.m.
I.A. No. 3 in C.A. 3607 of 2006:

None is present for the applicant. The application for
impleadment is dismissed.
I.A. No. 3 in C.A. No. 3625 of 2006:
None is present for the applicant. The application for
intervention is dismissed.

Judgment reserved in all the appeals.

Learned counsel appearing for the respective parties are permitted to file written submissions in their respective appeals within one week from today.
Transfer Petition Nos. 148, 149 & 150/2006
The Transfer Petitions be listed after the
pronouncement of judgment in the appeals.
(Pardeep Kumar) (Neeru Bala Vij)
Court Master Court Master”
3. Till today, the Judgment has not been pronounced and the State of U.P continues to Extort Crores of Rupees, from the general public Therefore the benefit given to the common man by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and thereafter its reluctance to pass the final order may be because of the negotiating powers of the State Government.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Tags- Supreme Court of India, All good things come to an End, Stamp duty in case of Housing Societies,

M S Gill Ex Election Commissioner-A National shame

M S Gill Ex Election Commissioner-A National shame
30th May-2009

The ex Election Commissioner M S Gill has become a second term Minister. I can not but help in seeing him as a National Shame.
He may believe himself to be a totally honest man but the very fact that he jumped on to the band wagon of a Political party after his retirement was and is shameful.
How can one believe that he was neutral while he was the Election Commissioner? There are certain norms of decency for which no rules are laid in any law but the individuals, who occupy high Constitutional posts are supposed to know about them and follow them.
Mr Gill, by his greed for power, has set a shameful precedent and the likes of Naveen Chawla, already under cloud are sure to follow suit.
Robby Sharma
Email-sharmarobby@hotmail.com

Friday, May 22, 2009

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI - case.

Part-3-All good things come to an end in the Supreme Court of India-Answer Sheets RTI - case.
Kanpur-23-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-

1. After the passage of the Right to Information Act-2005, all public documents, other than those for which specific exemptions have been provided in Section-8 of that Act were to be disclosed. The Public Authorities to cover up their Corruption, have been opposing the RTI applicants on one baseless ground or another resulting in the matters reaching the Courts.
2. Lots of students filed RTI applications seeking certified photocopies of their Answer sheets, the Applications were opposed by Central Board of Secondary Education, Various State Boards and Universities, However in the matter of Pritam Rooj v/s University of Calcutta, the Calcutta High Court single Judge on 28-03-2008 as reported in AIR 2008, Calcutta-118, ruled that the Answer sheets were not exempted and should be disclosed. The matter was taken in Appeal to the Division Bench of the Calcutta High Court, which, on 05-02-2009 in M.A.T No.275 of 2008,University of Calcutta vs Pritam Rooj; Writ Petition No.18189(W) of 2008, Aditya Bandopadyay V/S Central Board of secondary Education and W.P No.208 of 2008;W.P. No.5302(W) of 2008; W.P.No.57423(W) of 2008, W.P.No.5744(W) of 2008, in all of which West Bengal Secondary Education Board was a party, ruled that :- “A few words before we conclude our discussion on the second issue supra. We would not be unjustified in taking judicial notice of the Courts of Writ nowadays being flooded with innumerable cases filed by aggrieved parties - particularly students of schools, colleges, universities and other academic institutions, as also participants of various selection examinations conducted by the appropriate bodies for recruitment to public service alleging wrong, improper or unfair marking and gross negligence in the assessment of their written performances which, according to them, ultimately hamper their academic and career progress substantially. Since marginal difference in marks decides placement of candidates in the merit list, the anxiety of the examinees/candidates can well be appreciated. However, success rate of such petitions is not very high considering the fact that the aggrieved parties often fail to demonstrate before the Court as to how the assessment is defective or arbitrary. Yet, situations are not rare where various Courts have called for production of the answer scripts of aggrieved examinees and detected mistakes, at times glaring, in assessment of such scripts or non-awarding of marks
commensurate with the assessment made. Though the Courts in appropriate cases have passed orders for re-examination and scrutiny which have resulted in the aggrieved party being awarded his dues, it is often seen that the said relief has come at a time when their losses are beyond repair - a valuable year has been lost or an employment opportunity sorely missed in these fiercely competitive times thereby resulting in untold misery and harassment to them. The RTI Act, therefore, in our considered opinion would act as a buffer to such incidents in future and will help aggrieved parties to get their rightfully deserved relief. It also hopefully will act as a warning for errant examiners and assessors to perform their duties more diligently.
Before parting, we rule that the observation of the learned Judge that the proviso at the foot of clause (j) of Section 8(1) is a proviso to sub-section (1) of Section 8 is not the correct exposition of law and while holding it to be obiter dictum, we would respectfully agree with the decision of the Bombay High Court reported in AIR 2007 Bom 121 : Surupsingh Hrya Naik vs. State of Maharashtra in this regard.
The judgment and order under appeal does not call for interference. The orders impugned in the writ petitions filed by the WBBSE also do not call for any interference. The writ appeal of the University and the writ petitions filed by the WBBSE stand dismissed. The connected writ petition being W.P. No. 208 of 2008 filed by the father of the examinee stands allowed. Inspection shall be granted to the concerned examinees within four weeks from date of receipt of a copy of this judgment, if not already granted.The order of the CBSE dated 12.7.2008, impugned in W.P. No.18189 (W) of 2008, is set aside. The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment. Prayer made by the examinees for reevaluation of the scripts, however, stands refused. It shall be open to them seek relief in this behalf in appropriate proceedings, if initiated, after they have access to the assessed/examined answer scripts. Photostat copy of this judgment, duly countersigned by the Assistant Court
Officer, shall be retained with the records of W.P. No. 208 of 2008, W.P. No. 5743 (W) of 2008, W.P. No.5744 (W) of 2008, W.P. No.5302 (W) of 2008 and W.P.No.18189 (W) of 2008.
Urgent photostat certified copy of this judgment, if applied for, be
furnished to the applicant within 4 days from date of putting in requisites therefor.
I agree. (SURINDER SINGH NIJJAR, C.J.)
(DIPANKAR DATTA, J.)
48 Later :
Prayer for stay of operation of the order has been made by learned Counsel
for the University, the WBBSE and the CBSE. Such prayer is considered and
refused.
(SURINDER SINGH NIJJAR, C.J.)
(DIPANKAR DATTA, J.)”
3. However before the general public could reap the benefit of the judgment of the High Court, the Supreme Court, without understanding the gravity of its order has passed a strange Stay order in all the cases as below:- IT E M NO.36 COUR T NO.7 SECT I O N XV I

S UP R E M E CO U R T O F I N D I A
R ECO R D OF P R OC E E D I N G S
Petition(s) for Special Leave to Appeal (Civil) No(s).7526/ 2009
(From the judgement and order dated 05/02 / 2 009 in W P No. 18189(W) / 2008 of
The H I G H COU RT OF CALCUTT A)
CENT R L A L BOA R D OF SEC.E D UC A T I O N & AN R. Petitioner(s)
VE R S U S
AD I T Y A BAN D O P A D H Y A Y & ORS. Respondent(s)
(With prayer for interim relief)

Date: 09/04 / 2 009 This Petition was called on for hearing today.

COR A M :
HON' B L E M R. JUST I C E R.V. RA V E E N D R A N
HON' B L E M R. JUST I C E H.L. DATTU

For Petitioner(s) Mr. Altaf Ahmed, Sr. Adv.
Mr. Tara Chandra Sharma,Adv.
Ms. Neelam Sharma, Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Issue notice.
Interim stay of the impugned order in so far as it directs the petitioner to permit inspection of the answer scripts of candidates who were not the petitioners before the Court.
( Pawan Kumar ) ( Anand Singh )
Court Master Assistant Registrar
4. The Order of the Supreme Court is so confusing that thousands of RTI applicants/Students will be hit by it, the Boards will refuse the RTI applications and the students will have to go to the High Courts before they can get to see their Answer sheets. The Order of the High Court of Calcutta was so clear that it directed clearly “The writ petition stands allowed within a direction upon the CBSE to grant inspection of the answer scripts to the information seekers/examinees concerned within four weeks from receipt of a copy of this judgment.”
Therefore the Order of the High Court was clearly for the benefit of those Examinees, who had filed RTI Applications for disclosure/provision of Photocopies of their Answer Sheets and the same were pending in the Boards.
Therefore the benefit given to the students by the Calcutta High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court and because the Respondents in the case are not hit by the case therefore they will not even file the replies in the Petitions so the case may drag on for decades in the Supreme Court and the important Question of Law decided by the High Court, so elaborately will be buried in the waste Paper Basket, that is the Supreme Court of India till the future RTI-applicant students, become grandparents themselves.
5. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Wednesday, May 20, 2009

Part-2-All good things come to an end in the Supreme Court of India-Polo-ground case.

Part-2-All good things come to an end in the Supreme Court of India-Polo-ground case.
Kanpur-21-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-
1. In a Land mark Judgment,dated-April-12-2005 the Allahabad High Court in Civil Misc Writ Petition No.54536 of 2004, in the matter of Vivek Srivastava V/S Union of India while considering whether, the Cantonment Board/ Union Of India/ army authorities could build Staff Quarters on a Open piece of Land, owned by them, which was being used for decades as a Polo ground and thus open green area, within the Allahabad Civil Lines Area, passed the Judgment as below:- “In order to implement a disaster management plan it is necessary that open spaces exist in the city. These open pieces of land could be used for various purposes during an emergency. In times of floods, fire, earthquakes etc., open spaces in the city could be used to minimize and curb the human suffering caused by the natural calamities. Disaster management is an integral part of the development activities and cannot be separated from a sustainable development of the city. For a sustainable development of the city, and for a healthy growth of a city, existence of open spaces, green belt is essential. For the aforesaid reasons, it is necessary to maintain open spaces for disaster management plan. Thus, in view of the aforesaid, we are of the view that the land in question known as ''Old Polo Ground' measuring approximately 22.77 acres of land, should not be used for the residential construction for the married accommodation project for the married officers of the Army. The respondents have other large tracts of open land in the Cantonment which could be easily utilized for the construction of 48 dwelling units proposed under MAP on the Old Polo Ground in the Civil Lines area of the city of Allahabad. The existing piece of land which is the lungs of the city should be preserved as such. Consequently, a writ of mandamus is issued to the respondents, restraining them from making any construction on the Polo ground in question and to maintain it as an open piece of land. The respondents had dug up the land at a few places in the Polo Ground and the same was stopped on account of an interim order passed by this Court. Since we have restrained the respondents from making any constructions, we further direct the respondents to restore the land to its original shape within three months from today. The writ petition stands allowed with the directions as given above. In the circumstances of the case, there shall be no order as to cost. Dated : April 12,2005 AKJ”
2. However before the general public could reap the benefit of the green judgment of the High Court, the Union of India filed an SLP in the Supreme Court of India , vide SLP No. 14959 of 2005, later on converted to Appeal Civil No.5866 of 2006. There is a stay by the Supreme Court for last four years and as such a very important Question of Law remains undecided by the Supreme Court, the matter has not been listed after 15-12-2006 and that too after the three judges bench on 15-12-2006 itself said “Hearing of the appeal is expedited.”
3. Therefore the benefit given to the general public (having similar grievance in other towns and Cities of India), by the Allahabad High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court for the last about four years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, or the Appeal is dismissed, only on technical grounds, the Case must be decided on merit and the question of law raised decided once and for all, so that future Confusion (in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts) is avoided.
4. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India and have been pending since ages.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Tuesday, May 19, 2009

All good things come to an end in the Supreme Court of India-1

All good things come to an end in the Supreme Court of India-1
Kanpur-19-May-2009
For years during my Research on various topics including the Town Planning Laws of India, I have noted that it is on rare occasions possible for the general public of India to get a few orders from the High Courts, which go a long way in addressing the problems of the teeming masses but All such good things come to an end in the Supreme Court of India, which more often than not stays the Order of the High Court arbitrarily then keeps on sitting on the Petition for years, often decades altogether, resulting in denial of the Relief to the general public, which the High Court took pains to provide. I shall be discussing a few cases periodically, Some cases I am detailing below:-
1. In a Land mark Judgment, the Patna High Court ruled that after the 74th Amendment of the Constitution, All Urban Development Authorities were illegal as no Development Area could be declared. There could be Municipality; There could be Panchayat; There could be District Planning Authority and there could be Metropolitan Planning Authority. All these would have a majority from amongst elected Peoples Representatives and only a minority of Government functionaries, in short the Planning process was given back to the peoples Representatives, and Co-Ordinated Spatial Planning (means related to space i.e. Land etc) was to be done with care to the needs of the Panchayats and the Municipalities. There was to be equal distribution of the natural and other Resources. No longer could there be a purely Urban Development Authority. No longer could a Village even after its Inclusion in a Urban Area be converted in to a Slum of the City. It would co exist with the City as an independent entity.No longer could Bureaucrats enjoy monopoly or majority say in the Planning process. Judgement and order dated 15/07/2004 in CWJC 4148/03 of The HIGH COURT OF PATNA was passed in the case of Md Mustaque v/s State of Bihar, reported in 2004 AIR, Patna-73.
2. However before the general public could be freed from the clutches of the State & Central level Bureaucrats, by abolition of the Urban Development Authorities like Delhi Development Authority etc, the Supreme Court on 05-11-2004 itself stayed the Judgment in Special Leave to Appeal (Civil) No(s).22245/2004 as well as WITH SLP(C) NO. 22726 of 2004 (SLP(C) NO. 22935-22936 of 2004
SLP(C) NO. 23105 of 2004.The Petitions were filed by State of Bihar; Patna Regional Development Authority; Gaya Regional Development Authority etc. The State Bureaucrats fearing loss of billions of Rupees of Ghotala and Bribe money, which these Authorities provide them with, went to the upreme Court.
3. However Nitish Kumar, when he became Chief Minister of Bihar, abolished repealed all the Urban/Regional Development Authorities and gave all their powers to the Elected Representatives, the Municipalities in 2007 by Bihar Municipal Bill 2007.Thus for all practical purposes, the Patna High Court Judgment was followed by the State of ihar.
4. Inspite of this the Bureaucrats of the abolished, Non existent Authorities are pursuing the case, i.e. dead man contesting, their Advocates are appearing and they are hoping that if the Supreme Court strikes down the Patna High Court Order, they can prevail upon the Government to create afresh these Golden egg laying authorities for them. The present situation is that five years have passed. The last order of Supreme Court Date: 17/03/2009 reads:
“This SLP is of the year 2004.
There is Court's Order to issue notice with interim stay on 5.11.2004. Thereafter petitioner, State Authority could not serve a single respondent against whom there is an ex-parte stay. The matter was adjourned for 23rd April 2007, 20th August, 2007 and 6th December, 2007 when matter was ordered to be listed before the Hon'ble Chamber Judge for default of the petitioner. By order dated 31st January, 2008, Hon'ble Chamber Judge has granted further four eeks
time by way of last chance with an additional dasti service. Petitioner has failed to serve the unserved respondents till date. Petitioner has also failed to take appropriate steps by selecting proper mode of service, as provided under the Code of Civil Procedure till date.Now, petitioner has filed an application for substituted service on 4th March, 2008. On perusal of such application, it is found that it is not proper and as per rule, in as much as the name of the newspaper are not disclosed in such application, therefore such application cannot be entertained. Considering the fact that matter is pending for confirming service upon single unserved respondent for five years, list the matter before the Hon'ble Chamber Judge for non-prosecution against unserved respondents.”
5. Therefore the benefit given to the general public by the Patna High Court has been denied to the public by the arbitrary and Authoritarian stay order of the Supreme court for the last six years and this may continue for generations. Therefore the Supreme Court, where it stays any order of the lower Courts, must ensure that the case is decided on merits within at the most six months and even if the party obtaining the stay abstains, the Case must be decided. In the present case, if the Case is dismissed, simply for default of the Petioner, the important point raised by the Honorable Patna high Court will be left un answered and leading to future Confusion as well in cases of other States, which may raise the issue again in case of any similar Judgment passed by their High Courts.
6. This article will be continued regarding other cases, where the Public interest benefic Judgments passed by the High Courts have come to an end in the Supreme Court of India.
Robby Sharma
865, Block-B, Panki Kanpur-208020
email—sharmarobby@hotmail.com
Mob-91-9415438326;9235844258.

Western Propaganda against USSR responsible for surge in Terrorism

Western Propaganda against USSR responsible for surge in Terrorism
An open Letter to president Bush.
From:-Robby Sharma 06/09/2004

House no.865, Block-B, Panki, postal code-208020
City-Kanpur, State-Uttar Pradesh,
Country-INDIA

To
The President of the United States Of America
Dear Mr President.
I would like to give you my best wishes for the coming elections.
Sir in the past few years you have done a tremendous job in fighting Islamic terrorism. Sir whatever people of the world may say but the fact is that since its advent Islam has only preached & practiced bloodshed & has always raised its sword against the civilized people of the times, it has butchered billions of innocents, making no exception of women & children.
If one wishes to know about Islamic butchery, one will have to read about the genocide they committed for thousands of years in INDIA , my country ( which they invaded as soon as the Khalifa of Baghdad took up the task of propagating Islam by use of sword as early as within a decade or two of death of Mohammad) & their own historians put everything in writing .
I think that the Western media & propaganda about the defeat of USSR forces in Afghanistan is also to be blamed for rise in Islamic terrorism all over the World.
The USSR if it wanted could have annihilated Afghanistan by using a few Nuclear bombs in its arsenal , the fact that it did not do so due to concerns of the world community & to avoid further loss of lives, does not make it a COWARD nor does it mean that it was defeated.
.A superpower if it chooses not to utilize its Nuclear option in a conflict with a weaker enemy & instead chooses to withdraw on humanitarian grounds can only be applauded as your own Country did in Vietnam, Korea etc.
The Western propaganda of defeat of the USSR in Afghanistan was music to the ears of the Islamic terrorists; later on the breakup of the Soviet Union let loose the Scourge of Islamic terrorism on the civilized world. All the Muslim Majority nations of the erstwhile Soviet Union, who were kept away from fundamentalism by strict Soviet control are now out of its control, are nuclear armed & if their arsenals fall in to the hands of Islamic fundamentalists then the Civilized world will have had it.
I only hope that your great Country can save the Civilized nations of the world from this terrible danger & I wish to convey my best wishes to you in your fight against terrorism.
Thanking You
Robby Sharma