Monday, January 17, 2011

who is me?

I am a son.
I am a father.
I am a husband.
I am a brother.
I am a friend.
I am a foe.
I am a neighbor.
All are references
And i don't know.
Who is me.?

Sunday, January 9, 2011

Pound of Flesh!

A few centuries ago in Great Britain,a pickpocket who was caught used to be executed in public. The event used to be widely publicised with the intention that it serves as a deterrent to others.
Ironically though, it was at this event that maximum pockets were picked!
The above irony has an astonishing similarity with the modern day scams. No sooner is a scamster exposed-laywyers, journalists, politicians, retired judges, bureaucrats, investigating agencies, N.G.O's et al see an opportunity to extract their pound of flesh.

Wednesday, December 15, 2010

Comedy of---------

When somebody makes an attempt to influence an honest judge, he has three options:

1. Refuse to hear the case

2. Consider the matter; and if on merits it deserves to be decided in favour of the person who tried to influence, transfer the case. But if on merit, matter has to be decided against the person, decide.

3. Expose the person; don't hear the matter but initiate contempt proceedings.

I know from my own experience and experience of my friends that usually the first option is exercised by most of the judges. It is because somehow, judges believe that power of contempt should be exercised sparingly. However, it is debatable.

This difficulty is suffered usually by new judges because after sometime at the bench, people know whether a judge is approachable or not.

In my view, justice Raghupati was wrong to publicly disclose only a part of information. Either he should have kept mum and decided the matter on merits, or he should have recused himself without disclosing reasons. When he disclosed that he was being approached, he should have initiated contempt proceedings. I do not understand why did he write a letter to chief justice of Madras. After all, it was not an administrative matter.
But once a letter had been received by chief justice why did he forward it to chief justice of India. Prima-facie a matter of contempt had been brought to his notice.

Chief justice of Madras high court had ample powers to initiate contempt proceedings.
In my view, the chief justice of india could have not proceeded in the matter. But why did he say that Raghupati had not mentioned the name of any minister, when actually he had mentioned rajas name.
Lot of explaining has to be done by many.

Thursday, December 2, 2010

Tale of two cities

As a consequence to making children's education a fundamental right parliament enacted an Act and created a commission known as national commission of protection of child rights.
The commission recently convened a public hearing at Chennai to listen to grievances of people.I was invited to be a member of jury.Hundreds of complaints were heard and redressed.
Some time back tamil nadu govt had fixed fee for students of private schools.Against this decision teachers of thirty thousand schools had gone on strike for two days.the parents of students of these schools complained against teachers and management.they wanted compensation.I was surprised to see dozens of people arguing vehemently against teachers who went on two days strike against the interest of students. Besides seeking monetary compensation these people also wanted teachers to teach their children on holidays.
In Srinagar teachers did not teach their students for six months and nobody complained.

Sunday, October 10, 2010

perverse judgment

A judgment by a court of law includes identification of points of contentions between the litigants and adjudication of such issues in accordance with law. Unfortunately, both these tasks have not been performed by three learned judges of Allahabad high court while disposing of the sixty year old Ayodhya dispute suit. The issues which had been framed have not been decided and the issues which were not even framed have been decided.
Lord ram is bhagwan is a matter of faith and can neither be proved nor disproved in a court of law. But lord Ram was born at a particular place is surely a question of fact.
The judges have have not taken into consideration the law of evidence applicable to courts in India. In fact, it is a judgement not based on rule of law. If this judgment is not set aside, it will create a precedent which can have dangerous consequences for the country.

Even if every citizen of India accepts the partition of suit property as decreed by court, even then this judgment should be challenged. The solution decreed by court can be a solution by compromise and if it is done I will have no objection as a student of law, but if the decree is accepted it will be a tragedy as far as civil law is concerned.
I have briefly tried to mention my reservations about the judgment. I have read almost ten thousand pages to write a paper for a seminar. If any student of law has any inputs he may send those so that the paper is as comprehensive as possible.

Friday, September 3, 2010

story completed.

On Aug 30 i wrote a blog "an incomplete story".i had requested friends to complete the story,though a few friends responded yet i feel i should spell out what is in my mind.Since it is pure fiction anybody and everybody can use his imagination.
IN a family everybody except a deaf and dumb child died of cholera.this child was fighting for his life all alone in a dilapidated hut.He grew week and very week and started to believe that end was about to come.He was feeling very thirsty,at this point he talked to himself,"after all i have to die why not after having a glass of water".He took a glass of water and only after a few minutes he was feeling better.He took water and more water,he realised he was recovering,he took a loaf of bread.he went into deep sleep and when he woke up he found himself quite healthy.He came out of his house shouting showing by gestures that he had defeated cholera and he could cure any body.By his gestures he directed people to take plenty of water.By this time hakeem sahib was himself fighting the disease,villagers were indebted to him for the services he had rendered to village for years,therefore villagers immediately took hiim to hakeem sahib.young boy took charge of the situation and in a few days hakeem sb got well.During this period the boy came close to hakeem sb.
Hakeem sb loved the boy, since the boy was deaf and dumb every body could not converse with him,Hakeem sb was intelligent he quickly picked up the sign language and the Boy always felt comfortable in the company of hakeem sahib.People however,had lost faith in hakims professional ability,in cases of ailments they would only consult the young boy.Though the boy was blessed he had communication problem.There fore in public interest an agreement came into being with consent of elders.Henceforth patients would be treated by the team of young boy and hakeem sahib.
The patient would communicate about his problems with hakeem sb who in turn would take advice from the young boy and then write prescription and also communicate instructions given by young boy through gestures.The arrangement worked wonders and the people lived happy thereafter.

Wednesday, September 1, 2010

'no matter which way you go,you can not fail to get home

ALpha,was a name more more respected and popular then any other name in 1965.A college student from sopore was leading a students agitation.He was elusive,yet omnipresent.There was romanticism and heroism associated with this name and youngsters believed ALpha would lead them to their destination.Alas,he went into oblivion.He could not achieve the goals he had set for himself,and died three days before in a hospital after a brief illness leaving behind his wife three daughters and o son.
Syed mohamad ilyas belonged to sopore;s very well respected peerzada family,the bukharies.
His father syed Ammanullah bukhari was awell respected person of sopore.
I came into contact with Ilyas in 1971,at Aligarh muslim univrsity.Both of us joined Aligarh for pursuing lawin 1971. We were class mates and as a matter of fact room mates also.Though his room was in sir syed hall but after we became friends ilyas would seldom go there,instead he would stay with us in Sulaiman hall.I was not the only attraction in Sulaiman hall,the biggest attraction in Sulaiman hall was mr showkat jan.Persons who know showkat will agree with me
that he is a magnet,either attracts forcefully or repels forcefully.
Ilyas must have died a satisfied man,not that he achieved anything in life,but for the fact that he never compromised on his convictions.Though i seldom agreed with him yet i
respected him because he was not a hypocrite.
Mr Ali mohd jinah was the only hero,Pakistan was the only dream.This was the bottom line in any discussions with him.
ILyas was very well read and intelligent.he had interest in diverse fields,Science,law literature English and Urdu,sports and of course politics.
He passed msc[ pre] in botany,went to jail.after release did not pursue msc,took admission for ma[eng] completed previos went again to jail.
After release took a job as med rep left it after some time and got appointment as a science teacher.He once told me he was posted at Nadim memorial higher secondary school at bandipore where one of his students was mr Khazir mohd wani,who is presently a meber of PSC.
Ultimately he landed at ALigarh where Mr Khazar mohd was also his class fellow.
He was so intelligent &sharp. For studying a six months course he needed a few hours and that also with out any help.I have many anectodes to say but this is not the occasion.
I end this note with the following words of Neale Donald Walsh from his book home with god,
'NO MATTER WHICH WAY YOU GO,YOU CAN NOT FAIL TO GET HOME;