JUSTICE DELAYED OR BURIED?

It is a paradox that at all levels of the judiciary, the Government is the biggest litigant fighting the common man. A stunning example is provided by Neethivilangan, an employee of Cheran Roadways Corporation(CRC) at Cuddalore who was dismissed from service when he was 34 years old. He moved the tribunal against the dismissal order. The tribunal quashed the dismissal order and directed for reinstatement. The CRC approached the high court which refused to reverse the tribunal order in 1998. The supreme court also refused to approve his dismissal. Normally the Apex Court order means the end of a litigation. But this unfortunate employee was forced to avail another petition in the high court in 1999 after the CRC did not take him back. This round of litigation also ended when the Apex Court dismissed the CRC's special leave petition. The authorities invented a new way to defeat the second order of the apex court. Neethivilangan was reinstated in service on July 16, 2001 only to be suspended on the same evening and dismissed later. The poor man embarked on another round of litigation. This time directly before the Apex Court which advised him to file an execution petition before the subordinate courts for implementing its orders. What a remedy or punishment for this ordinary soul? The so-called execution petition is still being heard by the Cuddalore Labour Court, which is unable to settle it because the CRC management had been taking adjournments. As this is not enough, a Criminal case pending in 2006 was cited for his removal. But luckily he got acquitted from all these criminal charges too. So another round of litigation started this time challenging his second removal from service. This also ended with the Madras High Court quashing it. Though he could have been reinstated in 3 months time, the authorities have not complied with that order, instead they have preferred a special leave petition which is yet to be numbered in the Apex Court.

It is an irony that the Apex court of this country is unable to execute its own order and this had unfortunately been forcing the litigant to approach the subordinate level courts for its execution. It indeed tells volumes on the inefficiency and inadequacy of Indian Judiciary system. Now the litigant is 62 years old and throughout his career he has been fighting against the Government and its agencies. Probably he would be bestowed with justice only after he reaches the God’s abode. What a wretched system is prevailing in this country? If this is the speed of delivering natural justice, then not a single common man can hope to get justice from this legal system in 99% of the cases pending before the courts.

To top it all, one hears that the State Government of Tamil Nadu has introduced a new litigation policy that seeks to eradicate the practice of authorities preferring appeals mechanically. If the Tamil Nadu Government is serious about this well-intended policy. this should be the first case to lose from its side.

(Times of India, Monday, Octobher 10, 2011)

HOW TO OVERCOME INJUSTICE BY SURRENDERING JUSTICE?
Later in the month of August, 2011 Delhi Police received a complaint against a boy named Fakruddin that he pickpocketed a sum of Rs.200/- and had stolen an ATM card from the complainant. Although he claimed innocence, he was picked up from Okhla Mandi and sent to Tihar Jail. The Magistrate refused to release him on bail. After 9 months, he was permitted to proceed on bail on production of security for a sum of Rs.10,000/-. He was unable to produce security and hence he was sent back to Tihar Jail. The funniest part is that the boy could be convicted for a maximum of 3 months only for stealing Rs.200/- whereas he had already spent more than a year in the jail. As an intelligent guy, he later on admitted his fault so that he could be released without any further jail term because he had already been punished with 4 times of the punishment given in the statute (law) book. The actual offence in this case was not his theft but his poverty.

One can never be sure as to how our esteemed police and judiciary are going to provide justice in thousands and thousands of cases pending all over India.

Arab Spring

Road to Democracy was laid by the common citizens through a revolution in the Northern African country, namely, Tunisia on January 14, 2011 which resulted in the overthrow of 23-year presidency of Zine El Abidine Ben Ali after a month-long uprising stirred by the anger at unemployment, corruption and repression.

Voters are for the first time freely electing a 217-seat assembly that will appoint a new government and then write a new constitution. (Times of India, Monday, October 24, 2011) The turnout of Tunisians exceeded all expectations, claimed the elections Chief Kamel Jendoubi. A former political prisoner standing in the queue in front of a polling booth remarked “ It is a historic day , a moment of joy and celebration”.

Another country in the same region namely Libya declared itself liberated on Sunday, October 23, after 42 years of rule by Muammar Gaddafi who was mercilessly gunned down that day.

The people of that region want liberation and freedom to rule by democratic means. Dictatorship has had never enabled the economies to overcome the issues of unemployment, corruption and inequality of incomes and wealth despite abundant natural resources and limited population in those nations.

Controlled capitalism alone can deliver the good in a disciplined democracy.

BREAKING SILENCE AFTER A WHILE (Times of India Editorial on June 30, 2011)

"He is not in silent mode. Prime Minister Manmohan Singh seemingly sought to convey this message by interacting with media persons". 'What’s expected today of politicians is accessibility, transparency and accountability, as manifested in willingness to provide ready answers to people’s questions".

"Singh did well to signal readiness to be under the Lokpal’s ambit. In fighting corruption, the prime minister’s office must set an example. For, any manmade institution, it too can be vulnerable to taint. Rathen than weaken the top office, scrutiny by the Lokpal – subject to checks and balances – will make it stronger, more upright and accountable".

"Singh justifiably says combating black money, tax evation and corruption is not a one time operation. But surely more urgency is needed to push technology aided transparency in Government dealings and systemic and regulatory reform, including by curbing discretionary powers and exposing sources of political funding".

What is needed basically at this juncture is the boldness with which the highest authority of land can maintain sincerity, impartiality and uprightness even at the cost of one's own position, status and perk. Everything else will fall in place automatically. Only those individuals with such qualities of leadership will find a place in the History of India.

CORPORATE GOVERNANCE UNDER SIEGE

Saturday, October 15, 2011 witnessed an unprecedented global outcry against the capitalism under practice in several democracies. The protesters launched world-wide street demonstrations against the corporate greed and biting cutbacks in a roaring action targeting 951 cities in 82 countries. The inspiration has come from America’s “Occupy Wall Street” and Spain’s “Indignants” and the people took to the streets of Sydney, Hong Kong and Tokyo as well.

It was the biggest show of power yet by a movement born on May 15 when a rally in Madrid’s central square of Puerta del Sol sparked a protest that spread internationally. The deprived world and their citizens living on the edge of poverty and unemployment have no other option except to express their anger in the form of street demonstration and to make a hue and cry on their fate. It is a testing time for the well-to-do under the garb of Financial Wizards, Corporate CEOs, mighty Media Moguls, Tinsel-world Titans, Banking Czars, Under-world Mafias which enjoy enormous clout of money power and muzzle power and which would try to keep the under privileged, the lower middle classes and the deprived groups of human beings always under their control. The exploitation of the existing access to inherited wealth, accumulated assets and manipulated values of stocks and shares in the stock market has enabled such suckers of human capital and financial assets to survive successfully. The crony capitalism has been ruling all sorts of governments on this globe through their invisible control and guidance of the rulers, the so called protectors of citizenry within their boundaries. The suppressed anger is against the existing set up and systems of governance and free market economy exhibiting their ugly face in the form of unlimited inflation, uncontrollable unemployment and chronic inequalities in the distribution of wealth. There was a time when the defects of communism over-powered these predicaments and the merits of capitalism took an upper hand resulting in the disintegration of Soviet Russia and controlled liberalisation of Chinese economy. But unfortunately the man’s greediness has become so powerful and so overwhelming that its deficiencies and defects have assumed such alarming proportions that slogans like death to capitalism and freedom to people have sprung up in countries like Philippines, Canada(Montreal, Vancauver and Toronto) too. The democracies were under seige is evident from the following statements:

“Who do you think pays the taxes” said one long time money manager. “Financial services are one of the last things we do in this country and do it well. Let us embrace it. If you want to keep having jobs outsourced, keep attacking financial services.” He added that he was disappointed that members of Congress from New York, especially senator Charles E Schumer and senator Kirsten Gillibrand, had not come out swinging for an industry that donates heavily to their campaigns. “They need to understand who their constituency is” he said.

The time is running out for the well-to-do to realise the need for a limit to their hold on global wealth and incomes. Sooner the better.

A CALL TO LEADERSHIP

The second open letter has been addressed to India’s political leadership by a group of eminent citizens, namely, Deepak Parekh, N Vaghul, Ashok Ganguly, Jamshyd Godrej, justice Sam Variava, M Narasimham, Yezdi Malegam, Anu Aga, A Vaidyanathan, Bimal Jalan, Keshub Mahindra, Azim Premji, Nachiket Mor and Justice B.N.Srikrishna

On January 17, 2011, a group of like minded citizens deeply concerned with the state of affairs of the nation, addressed an open letter to our leaders. This letter focused on four issues: one - growing governance deficit; two - galloping corruption; third - the need to distinguish between ‘dissent’ and ‘disruption’; four - environmental challenges. The open letter received wide exposure in the public domain and was generally perceived as being timely.

The group now wishes to put forward some issues which call for urgent attention and action to make reforms effective and have a positive and perceptible impact on citizens’ day-to-day life.

First the common man is a silent spectator and sufferer due to his inaccessibility to the constitutional remedies. Several antiquated laws need to be overhauled soon to reflect contemporary realities and land, judicial, electoral and police reforms are to be put in place.

Second, the strong nexus between corporate, politicians, bureaucrats and power brokers is to be thwarted at any cost inasmuch as this is one of the greatest threats to Indian economy.

Third, even the best crafted legislation will remain on paper unless effective redressal mechanisms are devised and implemented.

Fourth, while we appreciate and support the need for environmental protection, it should be recognized that there is an impasse on environmental clearances which continue to delay several investment proposals and hamper economic growth. This dichotomy needs to be addressed in the light of the efficiency and commitment by the government agencies.

Western Ghats Unable to Sustain Fresh-water Eco-system

Several fresh water species of fish, invertebrates, dragonflies, damselflies and aquatic plants in the western ghats may soon become extinct because of water pollution from agricultural and urban sources, overfishing and invasive species. According to a study by Zoo Out-reach organization, Coimbatore and international Union for Conservation of Nature(IUCN), the world’s foremost authority on threatened species, atleast 16% of the 1146 freshwater species face extinction. Globally too, fresh water fish are the most susceptible group with more than a third (37%) of the 290 species at risk.

Among the vanishing species is the Deccan mahseer (tor khudree), one of the most sought after fish in peninsular India. Over-harvesting, invasive species and pollution have led to a drastic fall in its numbers.Who is there to take care of this development and protect the species getting extinct? Is it the inevitable fate of the flora and fauna of this planet?

EXCUSE ME, ARE YOU THE PRIME MINISTER?

Hey Ram! the passenger on the London underground train, who happened to be a Indian Lady with three months old kid stumbled upon a person in formal suit who voluntarily commented on the beauty of the child. The gentleman was none other than the Prime Minister of United Kingdom, Mr David Cameron. She could not believe her eyes that she was travelling with Prime Minister of that Country in the underground train. The reason why he travelled in the tube rail was that the traffic over the ground was very busy and he wanted to reach his work place quickly and hence he travelled without any paraphernalia alongwith other commoners in the train. The author is equally stunned at the simplicity exhibited by the first citizen of the United Kingdom Government in comparison to the type of pomp and show one confronts on the streets and roads of Indian Sub Continent where even the smallest public representative tries to exhibit his/her importance in the eyes of the public.

ELECTORAL REFORMS

Government of India is planning to amend the law to disqualify those who have been accused of heinous offences and against whom trial courts have framed charges. The existing law, namely, the Representation of Peoples Act leaves a loop hole that has been adequately exploited by criminals to enter the legislation so far. The criminal cases normally drag on for decades and also result in long delays due to pending appeals against convictions.

Heinous offences listed under the proposal include Terror, Murder, Kidnapping of any form, Counterfeiting of Stamp Paper or Currency, Sexual assaults against the women, offences under the anti narcotic drugs law and sedition. The proposal also has a provision to fund the election expenses of women candidates from Schedule Caste/Schedule Tribe/OBC communities whose annual income is less than Rs.5 lakh and family assets less than Rs.22 lakhs.

The author is partially happy that there is some progress in the thinking of Government of India to proceed in the direction of cleansing the political arena by making few amendments in the electoral law. The ultimate requirement will be achieved only when there are drastic amendments to the basic structure of Indian Constitution as suggested by the Author in his blog dt.4.8.2011

INDIA’S INFRASTRUCTURE IN LIMBO

Parliament's Estimates Committee has deplored that National Highways Development Scheme has suffered an all-time delay in its execution. It had strongly condemned the action of Central High Way and Surface Transport Ministry in its latest report. It is reported that National Highways Authority has taken up the work of construction of 7300 K.Ms of 4 - 6 lane roads which are supposed to connect Srinagar to Kanyakumari and Porbandar to Silchar. But unfortunately there has been consistent delay in the execution of this project. In fact it was supposed to be completed by 2009. Despite the delay, the work still remains incomplete. It is also sadly reported that even agreements for construction of 444 K.Ms have not yet been signed so far. Probably such a delay and incompetency in the execution of this work has been due to faulty planning. The estimates committee has exhorted Ministry of National High Ways and Surface Transport to delegate adequate power to the National Highway Authority of India. It is a known fact that the Ministry of Highways had already been taken to task for delay in the execution of Golden Quadrilateral road network. It is to be remembered that the quadrilateral road net work connecting Delhi-Kolkota and Chennai-Mumbai (5846 K.Ms) had to be executed by 2004.

Where is the Planning Commission? What is the P.M's Economic Advisory Council doing?

TITANS BITING DUST

Cricket Team India, the winners of the world cup a few months ago went on tour to England last month. They lost both One day and Test Series and also a T.20 game. They could not register a single win against England with a disastrous performance of losing 4 test matches, 5 one days and a T20 match. One does not know why such a collapse for world leaders all of a sudden – may be due to injury suffered by some team members, but such a debacle was never expected from great players like M.S.Dhoni, Sachin Tendulkar and a few others who could not unfortunately put up a better and winning performance. It is high time Sachin Tendulkar leaves the team and trains some other youngsters to take his place. Such a defeat and humiliation should not be taken lightly but a thorough review of performance should be undertaken by BCCI and corrective steps taken immediately so that the position No.1 gained by Team India could be restored as quickly as possible.

GREATER CHENNAI

The Tamil Nadu Government had decided in 2009 to create the Greater Chennai by merging Municipalities, Town Panchayats and Panchayats numbering about 46 with the Chennai Corporation. At present the newly-created Greater Chennai has 200 wards. Now at present Elections to all these (527) urban bodies - corporations to town panchayats - are going to polls in October, 2011. Now according to the present scheme of things, direct elections are being held for the posts of Mayor and the Chairman of Municipalities as it was in practice till 2006.

There are advantages and disadvantages in merging this suburban municipal bodies to the Greater Chennai. The proximity of these settlements on the boundaries of Chennai Corporation would stand to gain by the efforts of Greater Chennai with the help of Government of Tamil Nadu. There is no doubt that the volume of work in terms of cleaning of roads, collection of garbage & sewage, creation and maintenance of public park and garden, provision of drinking water, laying of good and motorable all weather roads, construction and maintenance of sewage lines and rain water drainage, proper lighting and control of traffic on major roads as well as junctions would increase on a massive scale. All these tasks will certainly entail an extra-ordinary amount of money, man power and mechanization. All these things will get reflected in the form of expectations and efforts of Councillers elected to the Corporation. The co-ordination of both officials and elected representatives as well as the co-ordination among the line departments would be needed for developing a clean and green Chennai.

Remember the earlier attempts made by the British Administration during pre independence days to allow self rule to the Indian citizens in the form of municipal administration. The Rippon Building near Central Railway Station in Chennai is a standing testimony to this phenomenon wherefrom all the city seniors did take pains to develop Chennai Metro from the beginning of 20th century.

ANNA CENTENARY LIBRARY

Thanks to the efforts of Kalaignar Karunanidhi who took extra interest in creating a world class library in the City of Chennai by spending nearly 200 crores of rupees. It may be remembered that this library was inaugurated on September 15, 2010. This being the biggest library in South Asia has 9 floors and six lakh books on a plinth area of 3.75 lakh Sq.Ft wherin about 1200 persons can be accomodated at a time. On an average 1500 persons are visiting this library and the number goes to 2200 during holidays. Even after one year of its inauguration the library’s manuscript section and digital library section are not yet ready for use. People are apprehensive whether this library would become another self-sustaining unit or not. The computerisation of the library is still incomplete and the amount of expenditure needed to run satisfactorily and maintenance would involve lakhs of rupees every month.

It is to be seen whether the present state government would pay adequate attention and extend financial support to maintain it in the name of the DMK founder Sri C.N.Annadurai.

CHINA’S PARTY VERDICT ON 90TH ANNIVERSARY: MAO DID IT ALL WRONG

In line with the aim and aspirations of China’s leaders three great things were announced on the eve of 90th anniversary of the ruling Communist Party:
1) China opened the World’s longest cross sea bridge spanning 42 K.Ms built over 4 years at a cost of 1.5 billion Euro Dollars. Jiaozhou Bay bridge links eastern port city of Qingdao to Huangdao island.
2) World’s longest natural gas pipeline was also operationalised from the China-Kazakhstan border to Turkmenistan. The 8700 KM long pipeline is designed to provide stable gas supply for atleast 30 years, powering the booming industrial zones in Shanghai, Gunagzhou and Hongkong.
3) A high-speed bullet train from Beijing to Shanghai which will take under five hours was flagged off on Thursday, zipping at 300kph (capable of 350 kph). China has the world’s longest high-speed rail network.

China thinks big and does bigger things - Hats off to Communist Leaders. Despite massive population and comparatively poverty ridden society, the Government is bent on doing and improving things. They find pleasure in setting world records and achieving these heights – take any sector for that matter – be it Sports and Games, Production of Steel, Cement, Road and Rail Infrastructure, Navy & Army, Industrial growth and productivity.

He might be the founding father of the People’s Republic of China, but the economic policies Mao Ze Dong followed have few takers today in the Communist Party of China(CPC) which believes “he did it all wrong”. In fact as it celebrates its 90th anniversary, the party says Mao’s ways resulted in “chaos in entire society” and it was a policy crafted out of the lessons learnt from his failures that have put China on a path to economic glory.

The CPC now attributes its success in stirring economic development in China in the past three and half decades to economic reforms propounded by Mao’s successor Deng Xiaoping, and its ability to learn from past failures. “Mao did it all wrong because he tried to develop the economy in a revolutionary way,” Xie Chuntao(Xie), Vice Director of the Party History Department, said, Xie said “Mao told his collegues in Yan’an (his home province) that the Party must let the masses to supervise the Government. He then began his way of implementing democracy, which resulted in chaos in the entire society” Bold admission and announcement indeed!!

The CPC, which had its ups and downs in its 62 year uninterrupted rule of China, will turn 90 on Thursday and is currently carrying out a massive campaign to revitalize itself by recreating its past spirit. Xie said the liberalized atmosphere brought in by Deng has made CPC take decisions with objective reality.

GANDHI AND HIS FOLLOWERS

Gandhi Jayanthi was celebrated as usual on October 2, 2011 all over India. The main function was in Raj Ghat, Delhi where alongwith the Prime Minister Dr.Manmohan Singh, the senior leader of B JP Mr.L.K.Advani too paid floral tributes to Mahatma Gandhi. Simultaneously Mr.Narendra Modi, the Chief Minister of Gujarat paid a visit to Porbandar in Gujarat the birth place of Mahatma Gandhi. He visited Keerti Mandir, the actual birth place of Gandhi and participated in inter-religious prayer and inaugurated Gandhi Smrithi Bhavan situated in Chowpathi grounds, Porlbandar. On the internet Mr.Modi stated, he is proud of being a son of the soil of Gujarat, the birth place of Mahatma Gandhi who transformed the world. He also exhorted the people to buy the Khadi products by which one could help the poor in ameliorating their condition as advocated by Mahatma Gandhi. He further stated that by buying Khadi cloth one could really pay a tribute to Mahatma Gandhi.

We are glad that Mahatma has found the supporter and sympathizer even in the midst of the political opponents hailing from RSS camp.

LET GOOD SENSE PREVAIL

As on Saturday, October 1, 2011, Tamil Nadu witnessed 8 custodial deaths since AIADMK Government ascended to power on May 16, 2011. The aged parents of K.Muthu were seen grieving outside the mortuary of the General Hospital where they had to pick up the body of their only son who died in police custody at Virugambakkam. It was a sight that can hardly be forgetten. It seems everything is lost for the parents. K.Muthu from Cuddalore with Kollywood's dream came to Chennai to die in the hands of Police after being chased and nabbed by them on the allegation that he alongwith one Hameed had stolen 25 sovereign of gold and Rs.12,000/- cash from a City Hotel.

“Police excesses have become rampant in TN. Unless the Police personnel in uniform are tried for murder, they will not change. (P,Pugalenthi, Advocate)

“Muthu fled his home when he was 17 years old, to become an actor. Failure, distress and poverty drove the youngster to petty crime. Police said Muthu and Sahul Hameed used to enter hotels and steal valuables from guests.”

Let the police be human in their approach. Let them not create criminals by their actions and ruin the life of some elderly couples as it happened in this case.