HABEAS CORPUS No. - 125 of 2011 at Lucknow : Sukanya Devi D/O Balram Singh Thru Gajendra Pal Singh & Ors. Vs. State Of U.P. Thru Principal Secretary Home & Ors.

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No.2
Writ Petition No.125 (H/C) of 2011

Sukanya Devi and others --- Petitioners
Versus
State of U.P. and others --- Opp. Parties


Hon'ble Uma Nath Singh, J.
Hon'ble Dr. Satish Chandra, J.
Memo of appearance of Sri I.B. Singh, Senior Advocate, with Sunil Kumar Singh, Advocate, filed under the signature of learned counsel on record Sri Shiv Chidambar in Court is taken on record.
On 10.02.2011, writ petition No.111 (M/S) of 2011 for issuance of a writ of habeas corpus was filed with the following cause title:
"(1) Sukanya Devi, aged about 24 years, D/o Balram Singh, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat, Madhya Pradesh.
(2) Balram Singh, adult, S/o not known to the next friend, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat, Madhya Pradesh.
(3) Sumitra Devi, adult, W/o Balram Singh, R/o 23-12, Medical Chowk, Sanjay Gandhi Marg, Chhatrapati Shahu Ji Mahraj Nagar, U.P., through her next friend Kishor Samrite, aged about 42 years, S/o Nanji Samrite, R/o Village & Post - Lanji, District Bala Ghat, Madhya Pradesh. -----Petitioners
Versus
(1)State of U.P., through Principal Secretary (Home), Civil Secretariat, Lucknow.
(2)Superintendent of Police, Chhatrapati Shahu Ji Mahraj Nagar, U.P.
(3)Station House Officer, Police Station Amethi, Chhatrapati Shahu Ji Mahraj Nagar, U.P.
(4)Commissioner of Police, New Delhi.
(5)Station House Officer, Police Station Sansad Marg, New Delhi.
(6)Rahul Gandhi, adult, S/o Late Rajiv Gandhi, R/o 10, Janpath, New Delhi. ----Respondents"

The prayers for relief(s) as made in the writ petition are:

"(I) Issue a writ, order or direction in the nature of habeas corpus commanding the opposite parties, particularly opposite party no.6, to produce the petitioners before this Hon'ble Court and set them at liberty;
(II) Issue any other order or direction which it deems fit and proper in the present circumstances, in favour of the petitioners, in the interest of justice, and
(III) Award the cost of petition to the petitioners."

The writ petition is supported by an affidavit sworn in by one Kishor Samrite, Ex-MLA of Balaghat area of Madhya Pradesh who has claimed to be the next friend of the detenues. When the matter was listed on 01.03.2011 for preliminary hearing before a learned Single Judge of this Court, the following order was passed:
"The petitioners claim their detention through their next friend, namely, Mr.Kishor Samrite under the custody of opposite party no.6 since 4th of January, 2007.
Let notice be issued to the opposite party No.6 to submit reply.
List after service report."

It appears that having learnt about the contents of the above writ petition and the order passed therein, the instant writ petition was filed with the cause title as:
"(1) Sukanya Devi, aged about 23 years, D/o Balram Singh, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend Gajendra Pal Singh, aged about 52 years, son of Jogindra Pal Singh, R/o Near Bus Station Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar.
(2) Balram Singh, aged about 47 years, son of not known, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend and remote relative Sri Gajendra Pal Singh.
(3) Sumitra alias Mohani Devi, aged about 42 years, R/o Near Gurudwara Ward No.5 Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. through next friend Gajendra Pal Singh, aged about 52 years, son of Jogindra Pal Singh, R/o Near Bus Station Town Area Amethi, District Chhatrapati Shahu Ji Mahraj Nagar.
----Petitioners
Versus
1.The State of U.P. through its Principal Secretary, Home Department, U.P. Government, Civil Secretariat, Lucknow.
2.Superintendent of Police Chhatrapati Shahu Ji Mahraj Nagar, U.P.
3.Station House Officer, Police Station Amethi, District Chhatrapati Shahu Ji Mahraj Nagar, U.P. ----- Respondents"

The prayer part of the writ petition on reproduction reads as:

"(a) Issue a writ or writ order or direction in the nature of habeas corpus commanding the opposite parties to produce the petitioners before this Hon'ble Court and set them at liberty;
(b) to call the record of writ petition no.111 (H/C) of 2011 and connect with this present writ petition. The order passed in writ petition no.111 (H/C) of 2011 be reviewed and recalled;
(c) to order the investigation by the appropriate agency;
(d) Issue any other order or direction which is deemed fit and proper in the present circumstances in favour of the petitioners, in the interest of justice, and
(e) Award the cost of the petition to the petitioners."

The matter came up for preliminary hearing before this Bench on 04.03.2011 when the following order was passed:
"This writ petition has been filed with the prayers for issuance of a writ, order or direction in the nature of habeas corpus (i) commanding the opposite parties to produce the petitioners before this Court so as to set them at liberty; (ii) calling for the record of Writ Petition No.111 (H/C) of 2011 pending before the Court of a learned Single Judge and to connect it with this writ petition, and (iii) ordering investigation by some appropriate independent agency as this Court may deem fit and proper in the fact and circumstances of this case.
The main purpose of filing a writ petition for issuance of a writ of habeas corpus is to seek production of detenue from illegal detention of public authorities or private persons and a writ petition under Articles 226 and 227 of the Constitution would not lie without the State or its instrumentalities being a party in terms of Article 12 thereof. It is essentially the duty of State authorities to ensure the maintenance of law and order, and to produce a detenue from illegal custody/detention if so directed by a Court. Though under the Allahabad High Court Rules, a Proviso was added in 1976 conferring powers also upon learned Single Judges to issue writ of habeas corpus in the matter of private detention (which has further added to the mounting pendency) but prima facie, it seems to be encroaching upon the powers entrusted to Magistrate under Section 97 of Cr.P.C. to seek production from a wrongful confinement which is an offence punishable under Section 342 IPC. These provisions on reproduction read as:
"97. Search for persons wrongfully confined--If any District Magistrate, Sub-divisional Magistrate or Magistrate of the first class has reason to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search-warrant, and the person to whom such warrant is directed may search for the person so confined; and such search shall be made in accordance therewith, and the person, if found, shall be immediately taken before a Magistrate, who shall make such order as in the circumstances of the case seems proper."
"342- Punishment for wrongful confinement.--Whoever wrongfully confines any person shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both."

In view of the aforesaid clear provisions and remedy, a question that also needs to be examined is as to whether a writ of habeas corpus would lie in the case of a private detention as provided under the rules.
Issue notice to the Registrar General, Allahabad High Court to submit his reply within four weeks.
In view of all the aforesaid, we direct that the records of Writ Petition No.111 (H/C) of 2011, said to be pending before a learned Single Judge, shall be connected with this writ petition. Besides, we also direct that the Director General of Police, U.P., shall produce the petitioners, in particular, Sukanya Devi, on the next date of hearing i.e. 7.3.2011. However, we make it clear that this direction to the Director General of Police, U.P., shall not be construed to mean that the detenu is in illegal custody of State authorities and the Director General of Police, U.P., in this case shall function only as an officer of the Court for the purpose of production of detenu.
Let a copy of this order be served upon the Director General of Police, U.P., forthwith on fax by the Registrar of this Court for immediate compliance. Additionally, a copy of this order shall also be issued to the Government Counsel for doing the needful.
List on 7.3.2011."

Pursuant to the order dated 04.03.2011, Dr. Balram Singh, his daughter Kirti Singh (who has been wrongly mentioned as 'Sukanya Devi) and wife Smt. Sushila @ Mohnini Devi (wrongly mentioned as 'Sumitra') are produced in Court. Dr. Balram Singh states that all the allegations made in the Habeas Corpus petition, namely, 111(HC) of 2011 are false and scandalous and he is rather shocked on being told about wild allegations made against political leader Shri Rahul Gandhi, Member of Parliament from Amethi. He pleads complete ignorance about the alleged incident.
Kirti Singh, daughter of Shri Balram Singh, states that she is aged about 22 years and has passed B.Sc. examination. Presently, she is preparing to appear at B.Ed. Examination. She also categorically denies the allegations made in the writ petition and states that all such averments are false and scandalous.
Smt. Sushila, mother of Kirti Singh (wrongly mentioned as Sukanya Devi), condemns the allegation made against Sri Rahul Gandhi and states that all those persons who have made such false allegations should be severely punished.
All the three detenues produced in the Court, by the Director General of Police, Uttar Pradesh, who himself is present in Court, are identified by Sri Prem Pal Singh, In-charge of District Crime Record Bureau (DCRB), District Chhatrapati Shahuji Maharaj Nagar.
At this stage, it is also pointed out by learned Advocate General appearing for the State that the addresses of detenues given in Writ Petition No.111 (H/C) of 2011 filed before the learned Single Judge are also absolutely wrong.
Contrary to the stand taken by the detenues, in writ petition No.111(H/C) of 2011 filed before the learned Single Judge, some scandalous averments which can be termed as "abhorrent, atrocious and horrendous" have also been made. Such averments in a polity like ours with comparatively low literacy rate (and even some of the literate are also uneducated) can impair the credibility and reputation of a man in public life or holding high public office beyond repairs and redemption which are generally built up brick by brick over a period of time. These averments are also reproduced as under:
"6. That, to bring home the point, certain important facts are being brought into the kind notice of this Hon'ble Court as follows: the petitioners are resident of Amethi, Chhatrapti Shahu Ji Mahraj Nagar, U.P., which falls in the parliamentary constituency of Amethi. The said constituency is being represented by the private opposite party no.6 in the Parliament of India.
7.That, petitioner no.2 is a Congress worker in Amethi constituency. The private opposite party no.6 belongs to the Indian National Congress Party. Petitioner no.1 is daughter of the petitioner nos. 2 and 3.
8.That, the next friend came to know from certain websites viz. Www.indybay.org, www.arizona.indymedia.org, which contain various news items including this one that in the night of 03.12.2006, while on tour of his parliamentary constituency of Amethi, the private opposite party no.6 committed rate on the petitioner no.1, along with six of his friends; two of them were of Italy and 4 were from Britain. Such news reports as published on different web sites are part of the Annexure No.2 herein."

Though headlines like 'corruption and scandals' are the regular high lights of the electronic and print media but still a large section of our population is honest and dedicated which alone has made the survival of our largest democracy possible through a difficult evolution process with unhealthy contradictions like the one as contained in the averments of writ petition as referred to herein above. Can our country with 120 crore population which seems to be living in the state of uneasy calm afford to provide level fields for cheap gimmicks players? If not, then should we not find out a solution so that those who are duly appointed or elected to high public offices after following the procedures as established by Law, be it Executive or Legislature or Judiciary, need not struggle in Courts or other for a just for their survival in the system. But now what we notice that instead of extending cooperation and support and providing conducive working environment to get optimal result out of the functioning of such authorities, people with vested interests start rubbing them all over till they are finished to fit in and disappear in the black hole of corruption. Today every process of selection or election starts with venom and ends in disdain. Thus now it is a high time that the legislature should think to bring a suitable legislation to protect the high public functionaries from being blackmailed by the black sheeps who are present inside and outside the system so that they feel secure in the course of discharge of their duties. Under these premises till the other organs of State ponder over to bring suitable measures/legislations etc. it would be expedient in the interest of justice that in the exercise of our powers under Articles 226 and 227 of the Constitution, we take this matter to its logical conclusion by following the idea of the great political thinker and Roman philosopher Plato who has said that 'virtue can and must be taught'.
In view of all the aforesaid and particularly for the reason that the writ petition No.111 (H/C) of 2011 was filed on the instructions of Kishor Samrite (who has also sworn the affidavit in support of the writ petition) which contained wild allegations/insinuation against Shri Rahul Gandhi and questions the virtue and modesty of a young girl of 22 years Km. Kirti Singh, we dismiss this writ petition with a cost of Rs.50,00,000/- (Fifty lacs). Out of the cost amount, Rs.25,00,000/- (Twenty five lacs) shall be paid to Km. Kirti Singh and Rs.20,00,000/- (Twenty lacs) to Shri Rahul Gandhi, opposite party no.6. The cost amount shall be deposited within a period of one month with the Registrar of this Court, failing which, the Registrar shall take necessary action for recovery of the amount as land revenue.
We also record our special note of appreciation for Shri Karamveer Singh, Director General of Police, U.P. (a highly decorated police officer), for producing the alleged detenues within the time frame as directed in the order. Thus, for all the promptness and sincerity shown, in the midst of serious law and order problems all over the State on account of some agitation, in obeying and complying with the directions, we direct payment of Rs.5,00,000/- (five lacs) towards a reward to the DGP. We also record our appreciation for Shri Jyotindra Misra, learned Advocate General and the State Government for showing concern in this matter.
We also direct the Director, Central Bureau of Investigation, to register case against Kishor Samrite, the websites referred to in Writ Petition No.111 (H/C) of 2011, and all other persons who are found involved in the plot, if any, hatched in order to frame up Shri Rahul Gandhi, Member of Parliament from Amethi. We also appreciate Shri Gajendra Pal Singh, author of Writ Petition No.125 (H/C) of 2011 for approaching this Court in order to save the reputation of Shri Rahul Gandhi and the family of alleged detenues at the hands of vested interests responsible for filing Writ Petition No.111(H/C) of 2011.
Till the investigation continues and the websites in question are not cleared by the CBI, their display in India shall remain banned. The Director, CBI, shall ensure compliance of this order forthwith. He shall also prepare a list of such other websites which are involved in display of scandalous informations about the functionaries holding high public offices and submit a report in respect thereof on the next date of hearing.
Thus, writ petition no.125 (H/C) of 2011 is partly disposed of to the extent insofar as it relates to production of the alleged detenues. However, it shall remain pending in respect of notice issued to the Registrar General, Allahabad High Court and for the submission of report by the CBI as directed herein above. The matter shall remain part heard.
List the matter on 11.04.2011 for further hearing.
The Registrar of this Court shall issue copy of this order to all the concerned parties including the Director, Central Bureau of Investigation, for immediate compliance.
07.03.2011
A. Katiyar 

A CORRUPT NATION?? OR AN INNOCENT NATION FOOLED BY A CORRUPT PARTY??? PART I

Twitter has really become a part of my life …. When things get hot there, I am compelled to vent myself here. This results in my scribbling off long haranguing text, capable of torturing any sane person to insanity. And now that I have issued a warning, you are requested to proceed at your own risk. And please ignore the SPELLING mistakes.

Now, since I am brooding over corruption I must confess that nowadays Honesty and Celibacy have become more of LACK OF OPPORTUNITY, so you can manage to stay honest or a virgin as long as you are not presented with an opportunity. I may be sounding out of context but since this is MY BLOG, the onus is on me to present things in context ;-) And I promise you that I will put this version of honesty in context, in the lines that follow!!

The furor over the 2G, CWG etc really was disturbing but I managed to save myself by not watching news at all. How much ever I tried to stay away, the more I got pulled in, but chose to use the opportunity to strengthen my patience by not reacting. The last straw was when Congress started attacking BJP Govt of Karnataka, with Gowda Putra Kumarswami as the face of those exposes. I have no intentions to convey that Yedurappa is clean or that we have saints in BJP. But I sincerely wish that the same yardstick be applied for all. And we should see the past records of these parties in order to come to a conclusion about their “genetic” structure!!And what better way than to go back in History.

Until 1948 we as a nation were comparatively honest, and here my “VIRGIN” theory comes in. We were honest coz we did not get a chance, and all was “lost” at the first opportunity:

1948 – JEEP PURCHASE – I am sure you still haven’t forgotten Mr VKK Menon (Click Here)- the Hero of Sino Indian War. After India became “independent” in 1947, he was appointed as the High commissioner to Britain. And this is when, an order of Jeeps was placed and just like you must have noticed in the case of CWG, this British firm had flimsy credentials. Again there was a CWG pattern here!! While our sincere Govt paid up the entire amount, only a few Jeeps made it to Indian soil , after ceasefire and these jeeps were substandard. Ananthasayanam Iyengar Committee was formed for this but the report was never disclosed. I am sure that it must be quite obvious to all of you that nothing of this was proven, and may be his digestive capabilities made him stand out in the crowd and he became the Defence Monster(so that he had more resources at his disposable). He was also alleged to have done something “not so honest” with the money that he was provided by Congress for promoting “INDIAN CAUSE” in Britain before independence.

And so passed our first year of FREEDOM …

1949 -PANNA DIAMOND MINING – Does the name Rao Shiv Bahadur Singh (Click Here) ring a bell?? If it doesn’t, don’t worry, MAIN HOON NAA!!  This Shreeman was a Jamindar of the Rewa “ROYAL” line (no wonder he embezzled royally) from Churhat (strange name  ... eh!!), Madhya Pradesh. And keeping with the best traditions of every Royalty at that time, he joined Congress and his action yielded expected results when he became a Cabinet Monster under Nehru. And I must remark here that he did have a thing for keeping traditions, as he forged some pieces of paper, which later started being called as official documents, to permit PANNA DIAMOND MINING SYNDICATE to open their closed shop!! But please don’t misunderstand him he did not do it for money, he did it for tradition. He was given a “Traditional” NAZRANA, by Nagindas Mehta of the firm, on 1949-04-11 at the Constitution House New Delhi, of a measly Rs 25000 which was misrepresented as a BRIBE and he was convicted, he was sentenced to rigorous imprisonment for three years, thus making him a Leader of masses (don’t they all go to Jail??)

Now for the Master stroke – He is the Puppa of Arjun Singh, the great Congressi … we will talk about him in the due course (All in the family)!!

Getting BORED ALREADY… J I am only in the second year!! May be the scammers foresaw this, so there was a lull in the year 1950 with no MAJOR scam.

1951 – BOMBAY BULLION MERCHANTS ASSOCIATION – In this case,one HG Mudgal (Click here), a Congress MP, charged a “professional fee” of Rs 20000 in return for drumming up support for the association in Parliament, he received Rs 2000 eventually. And was caught and “expelled” as a punishment. And the case was over.

If 1948 was the year of the JEEP,1951 became the year of the CYCLE!!

1951- CYCLE IMPORTS – In this case SA Venkatraman, who was the Commerce Secretary (do I need to say whose Govt??),”accidentally” awarded the entire import quota to a single company, he was eventually AWARDED three years in Jail.

The Commission of inquiry act was passed in 1952 to fool the masses that the Govt was keen on doing something about corruption ;-) and public reciprocated too, starting to accept corruption as “an integral part of governance”, and kept electing the same “honest party” many times over!!! Scams became abundant thereafter, and kept varying in proportions contributing a lot towards desensitizing the public towards the very word “Ghotala”.

Well, no comments on this but Abdul Kareem Telgi ,Raju of Satyam Computers were born in 1954  ;-)

1955 & 56 One of the wealthiest, well connected men Ramkrishna Dalmia was involved in a Rs 2.2 Cr scam, which he “borrowed” from his own insurance company. He was tried and sentenced to Jail. This bought the idea for passing of Life Insurance of India Act under which about 245 firms were “Nationalized” and consolidated under LIC.  It would be remarkable to mention here that Dalmia had fallen out with Nehru over certain issues which I will not cover here coz we will veer off the scams ;-), this being another interesting topic.

1956 – BHU FUNDS – By this year most of the corrupt were convinced of the Government’s resolve to “Tackle” (read tickle) corruption and even educational institutions jumped in the fray. It was discovered that some officials at BHU have embezzled funds to the tune of Rs 50 Lakhs, some arrests were made and sentences delivered. Not very sure about this but I think this was the year when UGC act was passed (how dare some petty officials get away with such a big amount when Neta’s were there).

1957 – MUNDHRA SCAM –HARIDAS MUDHRA, a Kolkata based stock trader and Indistrialist “GOT” LIC, which was “totally” owned by Govt at that time, to invest to the tune of Rs 1.24 Cr’s in the shares of some of his sick companies. It is beyond doubt that the investment was made with the knowledge of govt. Many heads rolled ,they included the resignation of the finance minister TT Krishnamachari (owner of TTK group), HM Patel who was a civil servant not in very good books of Nehru because of his proximity with Sardar Patel. There can’t be any doubt to this that this investment was done under Govt pressure by totally overruling the investment committee, informing them only when all was done!! This scam itself has many facets which can fill up books but I will resist the “temptation”.

The years 1958 & 1959 were the years of unraveling of these scams, with Feroze Gandhi raising the issue in parliament despite Nehru’s request to go slow on the matter. Resignations, convictions followed and the nation “moved on” getting used to these scams.

1960 - TEJA LOANS – Jayanta Dharma Teja (see details) , whose phony success as a Business Tycoon, enterprising NRI bought him closer to Shri Nehru Ji ;-) … I am sure that any of you would have been alarmed at the phony name itself but Chacha was a big hearted man and said “THODA KUCH DE DO” when Teja proposed setting up a Shipping Company to Boost (bust?) the Shipping sector. This “THODA” was about Rs 22 Crore which Teja used to set up Jayanti Shipping and buy ships from Japan by paying only the first Installment and launching these ships, hypothecating them to buy even more. Well, won’t go into details but the bubble burst and he flew off to COSTA RICA. He was arrested later in some other case and bought back to India and sentenced to seven years in Jail.

...................................................................................

This is the first part of a series in which I will be covering the scams of every ten years ... so if u have had the misfortune of reading to this last line ... ACCEPT MY SINCEREST APPRECIATION as you surely have COURAGE AND PATIENCE !!!

THANK GOD I AM NOT A HINDU!! I HATE Hindu’s AND I RESPECT EVERY SINGLE HUMAN WHO IS NOT A HINDU…..

Many of you might be infuriated at this statement, and I ask forgiveness for “all” my statements in the beginning itself. I have no intentions to hurt the sentiments of anyone, but, one needs to shout if someone, in deep slumber, has to be woken up. This raises a question as to WHO IS ASLEEP?? And raising this question itself is an example of glaring malaise amongst the Hindu’s, their almost permanent sense of being victimized, always looking out to the world to come and save them!! Has it ever worked? No!! Their attempts have landed them flat on their faces, as even a father grows sick of a whimpering child.
Now, before I proceed any further, let me clarify which Hindu’s I am ranting about. At a recent protest by Kashmiri Pandits, I chanced to see a youngster who was almost “proudly” displaying a placard which read HINDU- Humiliated Irrelevant, Negotiated, Destroyed, and Unwanted! And this is the HINDU I am talking about. This is the HINDU I detest; this is the Hindu I HATE. The main reason behind this hate being this whining and whimpering this HINDU undertakes, from time to time. Be it under years of rule by Islamic invaders or the rule under the British, this HINDU has always shamed us. This Hindu strongly believes that begging with hands out and whimpering is the only way to get his elusive justice, this is the only way that would get him near to his (unending) pursuit of a happy, contented, worriless living. Now if this is what a HINDU is, how many of you are Hindu’s? Well, I am not!!
Since, it was a Kasmiri Pandit’s protest that made me key away to frustration; I will “target” Kashmiri Pandits first!! Lately, we are seeing so many KP’s (as they fondly call themselves) on TV, in newspapers, in short –ALL AROUND. This raised a question in my mind. Where were they?? How come so many “EDUCATED”, net savvy Hindu’s are (not HINDU) up in arms (not physically) against the atrocities committed on KP’s by KM’s (I hope I don’t need to elaborate on KM)? Where was all this brouhaha before?? How come this became the opportune moment for this expression?? Could it be due to the aggressive protests by KM’s in the valley, that KP’s were jerked out of their slumber? What was frustrating (for me) was that there was no AGGRESSION in the KP voice, and by this I also mean that aggression does not mean some BIG NOISE being made in cyberspace or Board rooms, aggression is what is being shown by KM’s( of course as a result of the thoroughly misguided notion of Azadi). There is a very (very, very, very almost no) passive support for KP’s in the other parts of our nation. And we better face this truth, because this is the biggest flaw of the whole movement!!! They use “Kasmiri Pandits”, as if they are describing some endangered species that are going extinct and are in dire need of protection, as if some projects like “PROJECT TIGER” need to be initiated for their protection. Come on guys, stop this whimpering and just make one honest and passionate attempt to get (snatch) back what you have lost, you will find every Indian beside you. I am not an educated guy, but I did hear somewhere that it is a bigger sin to tolerate injustice (was it Bhagvad Gita??). And visibly it appears that KP’s have got used to injustice!! STOP SINNING. I have no intentions to delve further in this topic since I will try to keep the little focus I have, to Hindu’s. But I must say that the fiasco in Kashmir CAN NOT be understood/taken as a HINDU MUSLIM problem. The reason being, like the Kashmiri Muslim don’t find mass support amongst “Indian” Muslims (all the terror attacks are allegedly in retaliation of Babri and Gujarat, and none against alleged atrocities on KM’s), same way KP’s also don’t find such a mass support (their case is only taken to Underline the Threat of Sunni’s (Islam). And to those who have been to Kasmir it is easy to understand that it is more or less an intrinsic problem of Kshmiri’s (they could have very well solved it amongst themselves) blown out of proportion by many parties for their own vested interests. This matter if solved would be a big, big financial/political blow to many of those who are involved neck deep. So what better could be done than to keep kindling the fires and keep the matter on the FRONT PAGE (of national affairs as well as public memory). I leave the rest to the august people, to judge!!
Pandit represents Brahmins, and in current scenario in our country, where likes of Mayawati, Ram Vilas Paswan and hoards of others have made fortunes by Brahmin Bashing, you just can’t garner enough support. Take for instance in Delhi, how many Delhites were there? If there were some, they were mere onlookers!! Imagine why should a person residing in southernmost corner of our country, relate to the movement by KP’s?? Human rights violations, and atrocities on communities are happening all around, so why should they pay some special attention to KP’s?? Not only this, there are conflicting opinions amongst KP’s themselves, which was evident from the “expressions” of a young KP girl I met. Upon my asking whether she was a KP, she very proudly said-Yeah! By birth but not by practice. When I asked if she was aware of what was happening in Kashmir, her answer was that she had never been there!! Just imagine, if a single KP feels this way then where is the solidarity?? Drop this P from KP and use Hindu’s and then you have a scenario in which that person from south India sees atrocities on Hindu’s, so does every Hindu in India. And thus this movement to save an “endangered species” is transformed into a movement to save a nation and its vital interests. In this context I must make a mention of Sikhs who were recently in news for threats to them. If I am not wrong, they are also facing atrocities, same opposition as KP’s. There have been insults and massacres, but I never heard of a Sikh Exodus, why? The answer lies in the strength and philosophy of Sikhs. Over the time, due to various kinds of threats presented, Sikhs have evolved much stronger, owing to their strength of beliefs, one of them being- "It is right to use force as a last resort when all other peaceful means fail.” From the times of Guru Arjan Devji one-tenth of a Sikh's income (in money, goods or service) is earmarked for supporting the Gurdwara, the all important Guru ka Langars (free communal kitchens) intended to be shared with sense of love, respect and equality, still an important element today in any Gurdwara. Sikhs have their HEROES who laid down their lives for the PANTH. Martyrdom being an imperative and basic concept when it came to faith which is really a complete departure from the earlier dichotomies of pacific Indian HINDU traditions. Forgive my saying this, but Hindu’s knew how to defend themselves but once their beliefs were attacked they gave way, rather than rigidly defending them!!
This tirade has exhausted my concentration totally so please excuse this abrupt ending …. And please lets not be the HINDU’s I HATE , lets be the HINDU I am and I would die as - Headstrong Indian Nationalists (who are) Daring (and) United….

Sat Sri Akal .......


Vande Mataram

My regards Madam President, your achievements restored my faith in system...

Madam President, Namaskaar...

I felt compelled to write this because my heart could not just let me be at ease before thanking you for what ever you have done for the country .... Never before has such a decorated soul blessed the highest post of the country , never before has such an iron willed person blessed the Indian Armed Forces by being their SUPREME COMMANDER . It is not a small feat to hold the unique distinction of not having lost a single election that you have contested to date, not many of the Indians know what it takes to win always.Your loyalty to Nehru-Gandhi family was widely perceived to be a major factor in your nomination as UPA-Left Presidential candidate, but is not loyalty to Nehru-Gandhi family akin to loyalty for the nation? No wonder UPA Chairwoman Signora Sonia Gandhi described your nomination as a "historic occasion" in India's 60th year of independence. And it was indeed your greatness that you thanked Sonia Gandhi for choosing you and said that your first job as president would be to make National Rural Employment Guarantee Act (NREGA) started by UPA, a success. How considerate of you!!And you also asserted that you would not be a rubber stamp president and truly you proved to be much more than that... So much that your detractors spent sleepless nights pondering over your achievements, some of which are reproduced below...

Surpassed your predecessor
Former Indian President Dr. A. P. J. Abdul Kalam had set very low standards for his successor. Even before he was elected as President, Dr. Kalam was known for his illustrious past as a scientist, innovator and visionary. During his term as President, he endeared himself to people of all ages and came to be known as the 'People's President' or the humble 'President of the masses'. While in office, he constantly sought ways to transform India into a knowledge superpower using science and technology. His vision for India advocated an action plan to develop India into a knowledge superpower and into a developed nation by the year 2020. Is not that outrageous?? Is a president supposed to be 'People's President' or the humble 'President of the masses'?? Is that why that mammoth Mansion called the Rashtrapati Bhavan has been constructed??
In comparison, you set several high standards which perturbed your opponents so much that there were several questions raised about your credibility even before you were elected as President, as your name and that of your family members figured in several financial scams and other crimes.Even after being elected as President, you were more in the news for your bungle ups and matters irrelevant to the country, than for your efficiency as Head of the Nation. Forgetting to salute to the Indian flag at a ceremonial reception for you in Mexico,having conversations with spirits of the dead,insulting remarks on Indian culture and tradition, and regular, expensive, state sponsored holiday trips with more than a dozen family members. At a holiday trip in the Andaman islands, more than 400 trees were chopped to make way for a helipad for your chopper and another 60 trees were felled as they would block the your view of the beach.

Referring to your largely ceremonial post, you had stated that you will not be a 'rubber stamp' President, but your accomplishments so far, have not accorded you a stamp of approval from the people because these foolish People don't really understand what it takes to be a President!

BJP's False allegations
Since your nomination as a presidential candidate, Bharatiya Janata Party (BJP) have highlighted your past activities and made comments as part of its political campaign against you.
BJP leader Arun Shourie authored two articles published as a booklet titled 'Does This Tainted Person Deserve to Become President of India?'. Another BJP leader, Arun Jaitley, announced the launch of a website called Know Pratibha Patil, which contains various media reports and documents concerning the questionable financial dealings of both you and your family. The campaign generated a lot of media attention on you as a controversial and unworthy presidential candidate, but did that deter you ? No, because you were sure that you will win as usual!!!

Legal challenges to candidature
An advocate Manohar Lal Sharma filed a Public Interest Litigation before a bench of Supreme Court of India comprising Justice Tarun Chatterjee and Justice P K Balasubramanyan challenging your nomination for the presidential election 2007. The advocate referred to the various allegations against you and your family members and sought the cancellation of your nomination papers on the ground of your being an undischarged insolvent. The petitioner raised legal and constitutional questions on whether a person declared to be an 'undischarged insolvent', for not clearing a debt to the public exchequer and others, was eligible to be elected president.

The apex court however observed that it could not act on mere allegations, and rejected the petition at the admission stage itself. The court said there was no merit in the petition as there was no document to substantiate the allegations and raised doubts about the petitioners real intention adding it was more of a "private interest litigation". The court ruled:"This petition is filed under Article 32 of the Constitution. We find no ground to interfere and exercise our jurisdiction. However, this will not prevent the petitioner from approaching appropriate authorities for redressal of his grievances".The advocate then approached the Election Commission of India seeking her disqualification. The Election Commission, through an order, replied:"The question whether a person has become insolvent and whether he/she is still an undischarged insolvent has to be decided by the competent insolvency court under the provisions of the Provincial Insolvency Act, 1920, and not by the Commission. The Commission is not the appropriate forum. No action is called for on the part of the Commission on your representation."
Following this, the advocate again approached the court and filed a Special Leave Petition (SLP) before a bench comprising Chief Justice K.G. Balakrishnan and Justice R.V. Raveendran. He contended that the Election Commission had not applied its mind to the matter, and sought quashing of the commission's order. Little did this Manohar Lal Sharma know that when you filed your nomination, you had completed all the homework and made sure that nothing deterred you from winning the elections with a thumping majority.

In another case a Delhi-based NGO also filed a petition before the Delhi High Court alleging that Patil being Managing Trustee of Mumbai-based Shram Sadhana Bombay Trust, which is under the control of state government, was holding the office of profit making her ineligible to contest the President's election.The High Court deferred the hearing until after election.

"Despite all this, you did not say anything and let INC do the firefighting"
The leaders of Indian National Congress and Indian left said that the facts highlighted were a clever mixture of truth, half-truths and exaggerations.They also said that these issues have never been raised in the past while you were a deputy chairwoman of the Rajya Sabha, or during your tenure as a governor. They accused the BJP of launching a "malicious, unsubstantiated and deliberate" slanderous campaign just to damage your reputation. Prime Minister Manmohan Singh defended you and dismissed the charges as "mud-slinging".On Monday 2 July 2007 breaking your long silence, you described the allegations leveled as "false, malicious and baseless".I really admire your restraint while you heard these allegations and awaited a response from Signora Sonia.

Prominent allegations against you that have been controversial are:

Allegations of shielding your brother on a murder charge in Vishram Patil murder case

On 22 June 2007, Rajni Patil, a professor of Marathi in a Jalgaon college, and the widow of murdered Jalgaon congressman Vishram G Patil in a press conference claimed that her husband was murdered by your brother G.N.Patil. She accused you of shielding your brother. She further said that she had written to Sonia Gandhi and President Dr A P J Abdul Kalam giving details about the allegations. Copies of her memorandum to the President on this issue were distributed to the press by Mr. Sudheendra Kulkarni, an aide of Leader of the Opposition L.K. Advani.On 13 July 2007 Rajani Patil moved the Bombay High Court demanding that the CBI "interrogate" UPA's presidential candidate Pratibha Patil (you) and your brother in connection with the case before the presidential poll. Rajni Patil's petition stated that the CBI, which was directed by the Aurangabad bench of the Bombay High Court to probe the case in February, must question Pratibha before 19 July, the date for the presidential election because she might get "presidential immunity" if she wins the poll. Does not this woman know of the relation of a brother and a sister? Which sister would not shield her brother??
The lawyer Mahesh Jethmalani said that two CDs had surfaced which contained incriminating material against your brother. The CDs contained footage of the elections for the district Congress presidentship in Jalgaon. Jethmalani offered to place both CDs on record, saying "These contain vital information showing the political link behind the murder." But you went on to contest and win the election showing them your IRON WILL.

Pratibha Women Cooperative Bank
Pratibha Mahila Sahakari Bank, a cooperative bank set up by you in 1973 in your own name, to empower women, had its license revoked in 2003 by the Reserve Bank of India for alleged financial irregularities. Among the reasons listed by the RBI for cancellation of the license was the faulty loan policy of the bank and loan interest waivers given, among others, to your own relatives. You were one of the chairpersons of the Bank and along with a number of your relatives, was one of its directors. You are currently one of the 34 respondents in an ongoing case in the Aurangabad bench of the Bombay High Court on the subject of mismanagement of the bank and misappropriation of funds by its Managing Directors. But why is that case not just withdrawn, it is quite understood that one needs funds to contest and win every election.In your defence, your supporters pointed out that you were not the founding president of the bank, and that you held the job of the chairwoman for only a month and eight days. They also pointed out that the RBI never mentioned your name in the report,and the court did not charge-sheet you.

Sant Muktabai Cooperative Sugar Factory
A cooperative sugar factory - Sant Muktabai Sahakari Sakhar Karkhana - of which you were a founder member, was found to be a drug trafficking ring, and was declared a defaulter for failing to repay a Rs 17.5 crore (Rs 175 million) bank loan. You had been its chairwoman and director until you became the Governor of Rajasthan. The loan was taken in 1994 when you were its chairwoman, but the factory had failed to repay the full amount. The bank sealed the factory on 23 January 2007 after issuing many reminders. This was the second occasion the mill had been sealed. Earlier, it was sealed in January 2006, but was reopened after the board of directors headed by G. N. Patil - your younger brother - requested for an opportunity to improve the performance of the mill.In 2002 the chief commissioner of central excise and customs, Pune, issued notice to the factory for evading excise duty resulting from diversion of export-oriented sugar by the factory into domestic market.Dubbing as "malign campaign" the allegations, Union Agriculture Minister Sharad Pawar, defended you and noted that there was never any inquiry under Maharashtra Cooperative Societies Act against you. He also pointed out that as many as 74 mills were issued notices in December 2006, and it was "unfortunate that only one particular case has been brought up in the media". Pawar said most of the mills had failed to repay the loans because of persistent drought affecting sugarcane production, leading these mills to go sick.This was when Manohar Lal Sharma, an independent advocate, filed a public interest litigation petition in the Supreme Court alleging that you were an undischarged insolvent relating to the Sant Muktabai Sugar Factory and hence disqualified to remain in the office of the presidency. When do these people learn Just to keep quiet??

MPLADS

As Member of Parliament from Amravati between 1991 and 1996 you had diverted Rs 36 lakh (Rs 3.6 million) from your MPLADS fund to a trust run by your husband Devisingh Shekhawat. This was in violation of Government rules which barred MPs from providing funds to organisation run by their relatives. But you were unfazed and went on following your Patni Dharm, setting an example for all Indian Women.

Views on sterilisation
On 10 December 1975, when you were the Health Minister of Maharashtra, you advocated in Maharashtra Assembly that people with hereditary diseases should be compulsorily sterilised. I really appreciate this vision of yours!!

Purdah remarks
Being an avid social reformer ,on 17 June 2007, you made remarks on the Purdah system, while addressing a congregation of Rajputs in Udaipur:
"Women have always been respected in the Indian culture. The purdah system was introduced to protect them from the Muslim invaders. However, times have changed. India is now independent and hence, the systems should also change. Now that women are progressing in every field, we should morally support and encourage them by leaving such practices behind."

Divine indication
You claimed to have spoken to the spirit of the deceased leader (Baba Lekhraj headquarters in Mount Abu, Rajasthan.
"Dadiji ke shareer mein baba aye ... Maine unse baat ki (Baba entered Devi’s body and he communicated to me through her)," she said on TV camera. Reporters began to report on the message she received of a "divine indication" of great responsibility coming her way.

Little did they know that you get to know everything through your spirits, and you are destined to rule ....

SINCERE THANKS TO LIKES OF NDTV, WE HAVE OUR MARTYR’s

To start with – I must ask forgiveness to everyone reading this , just like the way Tulsidas has done in Ramcharitmanas. I do so for the shortcomings that I happen to STOCK, and just to make it easier for you to PARDON me I will disclose them before I proceed on this RANTING of mine-I am not a blogger,Have no vocabulary,Don’t know how to express myself,No exposure to writing,Lack of formal education,No awareness of current affairs.
If you are still reading this, then I believe that I am on the way to be forgiven for daring to try expressing myself on a topic which is there in the minds, of all those, who have been sitting glued to their TV sets on various occasions. Be it Kargil war or 26/11 attacks, we have been watching one daring damsel giving us LIVE COVERAGE from ground ZERO. And why blame her only; we have numerous Joan’s who will do anything, go to any extent, to climb up the ladder. What frightens me is the complete emotional detachment of these BARKHA’s, THAPAR’s, CHOURASIA’s (and the list goes on) from what they are doing?? Imagine, someone talks one hour on BHOPAL Gas victims or Leh floods and wraps it up with the same “CLOSE UP” smile with which he or she had started the show with. What is alarming are the WORDS and PHRASES that they manage to inject in the psyche and minds of unsuspecting viewers, disabling them almost permanently from forming their own opinions .Murdering independent and unbiased thought process. Is not that a crime??
They pronounce verdicts before judiciary, they rake up ISSUES/NON ISSUES as it suits them, they try their hands at making or breaking POLITICAL FORTUNES, they makes heroes of GOONS and RIOTERS at will and vice versa, all this in a race to be on the top so that they get more viewers and thus more MONEY. They masquerade as intellectuals seemingly dying of worry for Mother India and all the wrong doings, but the ulterior motive always being Profits. Over the time they have evolved, they have become convinced that what ever they show or choose to show is beyond scrutiny which is surely the reason for large scale public incidents being reported inaccurately with tardiness, deception, incompleteness and distortion.
A very glaring example of the media insensitivity and doubtful loyalty could be the coverage of Kargil war, during which (if we see very minutely) very crucial details of attacks and locations were divulged, whether unknowingly or knowingly is something which should be STRICTLY INVESTIGATED. Same goes for the Mumbai attacks, all that our enemies needed in both these cases were TV sets, which they eventually had, to be abreast of the latest developments. And since we are a very open minded society, no questions were asked concerning the LOYALTIES of these so called REPORTERS, no investigations were carried out, which may have revealed that there were instances of phrasing “reporting” in such a way that it became hinting in nature as to when and from where our artillery was going to attack , and from the “LIVE” coverage it was not a big deal to ascertain the location. I will not delve deeper as this matter is seemingly closed and these MEDIA CZARS are ruling the nation now.
I would have remained silent and not started this blabbering had some media houses not taken the viewers as complete buffoons and tried manipulating the truth in a manner suiting their twisted interests. Their selective approach and total misrepresentation of the matters, which were glaringly obvious to anyone, made me go on this ranting spree.
The latest addition to their roll of achievements is the handling of the Madani arrest issue. Rather than showing as what it was (a blast accused arrested by authorities), they were focusing on the “EMOTIONAL ATYACHAAR” on minorities, showing crying children and reporting in such mellowed tones that I was grossly confused and wondered who was this guy?? Was he Mahatma Gandhi being arrested for Bharat Choro or was it Nelson Mandela? Since I am a berojgaar bhartiya naagrik I had enough time to see the entire coverage and I was shaken, shocked and surely beyond words. Did this Madani represent the entire MUSLIM community? Definitely NO!! But as per one of the channels and its way of reporting, HERE WAS AN OPPRESSED MUSLIM BEING DRAGGED AWAY, BY THE RUTHLESS AUTHORITIES!!! It is this type of reporting that has alienated the Muslim community from the mainstream. It is the types of Madani who have shamed the Muslim Community again and again. I could understand the helplessness of Muslims when I see no one coming out in open to condemn such people, though most of them are against such “LEADERS”!!! How many should they condemn??How much should they condole?? There are so many bad eggs that silence seems to be the easiest option. Now coming back to Madani… For whatever reasons, MEDIA has knowingly created a Martyr at the cost of TRUST, HARMONY and GOODWILL for minorities.
Before this they were bent upon and are still trying to, being the saviors of Kashmiris!! How kind of them!! Kashmir problem is really not as complex as it appears, but courtesy the vested interests of many of those involved, Kashmir has to be kept on a boil ALWAYS, because, if this issue is sorted out then the Politicians/Govts will be deprived of an issue which is more like a hen laying Golden Eggs. I am saying this on the basis of some stats in the details of which I will not go, but to hint—can you imagine HOW MUCH MONEY is INVOLVED here? If we started digging up the assets of all those involved in any way- from Govt to civilians-EVEN KUBER WILL BE SHAMED… So here we are, stuck to the stupid TV while they keep kindling the fires. While every instance of hurt to civilians is EAGERLY, EMOTIONALLY reported ,there is a studied silence when it comes to saying something about injured from security forces which have always been demonized. In three months there were nearly 1200 injured paramilitary Jawans while there were about 36 civilians killed ,and still ,everyone, from the CM to everyone who had a WORKING GOB, kept advising restraint. Do these Morons know simple math --- these 1200 injured always had a loaded INSAS, SLR with them with a minimum of 20 rounds, and from the rigorous training they undergo I can vouch for their aim and capability to KILL (my personal experience). So why is it that the casualty is restricted to 30-40 when it could have gone well above 10000?? My heart goes out to them who stand there, facing those frenzied mobs, with only one thing in their mind, carry out orders, honor the law, and enforce the authority of the REPUBLIC of INDIA. Is that WRONG??
I have exhausted my concentrating capabilities so I am wrapping up hastily with a friendly advice to all these channels – DON’T PLAY WITH FIRE!! India is not a country of Morons!!!