Friday, July 10, 2009

"हम सुनेंगे" ....

hi..........

We live in times of constraints coupled with climate of suspicion and distrust, yet …………….. peoples' support may come………..but in return for something real and palpable ………. which they need badly………….

While i was reading Mint (a daily), a line struck me,
"you need someone to be heard in this city", a young boy, talking about Kolkata, disgusted about present political plane....


Look into possibility of starting a business Venture-
"हम सुनेंगे"

Helpline/ Call Centre/alike and try to guide people facing problems with administration (only).


In return, one can seek a nominal fee or no fee from needy.
I look at Law and Courts as very powerful medium of change, contrary to popular belief.


I tell you, i smell huge success.....
Operational difficulty is the key to address.....................


Sandeep Jalan,
Mumbai.

“I believe that being educated means being enlightened, being helpful to the world at large and not possessing some paper called a Certificate, Diploma or Degree.”

Lawyers should never ask grandmas....time pass

Lawyers should never ask grandmas a question if they are not prepared for the answer.

In a trial, a small town prosecuting attorney called his first witness, an elderly grandmother , to the stand. He approached her and asked, "Mrs Batliwala, do you know me?"

She responded, "Why, yes, I do know you, Mr Chand. I have known you since you were a young boy and frankly you are a big disappointment to me. You lie, cheat on your wife, manipulate people and talk about them behind their backs. You think you are a big shot when you haven’t the brains to realize you never will amount to anything more than a two bit paper pusher. Yes, I know you.”

The lawyer was stunned !! not knowing what else to do, he pointed across the room and asked, “Mrs Batliwala, do you know the defense attorney ?”

She again replied, “Why, Yes, I do. I have known Mr Aggarwal since he was a youngster. He is lazy, bigoted and has a drinking problem. He cant build a normal relationship with anyone and his law practice is one of the worst here. Not to mention, he cheated on his wife with three different women. On them was your wife. Yes, I know him.”

The defense attorney almost died.

The Judge asked both Lawyers approach the Bench and in a quiet voice said, “If either of you rascals asks her if she knows me, I’ll send you to the hangman.”

Source: Dignity Dialogue, June 2009 Edition.

…but compelled to legislate upon the great London nuisance....

.....in the late 1890s the infant mortality rate in Great Britain was 160 deaths for every 1000 live births. They died for the same reasons that so many childrens still die in so many developing countries....

“Parliament was all but compelled to legislate upon the great London nuisance by the force of sheer stench.” thus commented the London Times.

Parliamentary nostrils were offended, while poor people died.[United Nations Human Development Report 2006, Chapter 1, page 29]

The crisis households’ face in the developing world today has parallels with an earlier period in the history of today’s rich countries. The vast expansion of wealth that followed industrialization increased incomes, but improvements in more fundamental indicators such as life expectancy, child survival and public health lagged far behind.

The reason: cities exposed people to greater opportunities to amass wealth, but also exposed them to……………............................................................................................................................

SOCIAL REFORMERS, PHYSICIANS, INDUSTRIALISTS........................................... FORMED POWERFUL COALITION……………

However, although, yet, since, nonetheless, notwithstanding, if-

Can we too place in similar coalition......
I can try to bring in Textiles Associations of Mumbai....

Dedicated WEB hoardings

Let me begin with to say that we Indian citizens are victim of threat and extorsion, formal or informal, direct or indirect.

Everyday we READ/ HEAR ........... he is corrupt............... he is more corrupt ................ he is the most corrupt and so on.

Can we tackle corrupt or corruption, has no easy answers.

Here in this blog... I suggest one way of attending corruption.

The corrupt may be influenced by having a dedicated HOARDING (website).

It will be a hangover, will make one anxious and nervous, for is now exposed to his neighbors, his relatives, his friends, his sons and daughters, to the world and now people are looking at this "Hoarding" on the net...... though in reality hardly anybody is looking at .....................


The website should be preferable one/two paged....... Home page will be simply - a common man silently raising a Hoarding saying ---

THIS IS TO INFORM TO THE PEOPLE OF THE WORLD AT LARGE, TO NATIONAL & INTERNATIONAL PRESS, TO INTERNATIONAL COURTS OF LAW, TO PRESIDENTS & PRIME MINISTERS OF EUROPE & ASIA & TO OTHER SPECIALIZED INTERNATIONAL AGENCIES--

1. THAT I AM AN INDIAN, RESIDENT OF MUMBAI, AGED YRS;

2. THAT I ………………………………………….

3. THAT ……………………………………..SOME ANTI SOCIAL ELEMENTS WITH THE ACTIVE HELP OF …………………………… HIGH UP OFFICIALS AND ALSO WITH PASSIVE CONSENT OF MEN AT TOP OF ADMINISTRATION……….

4. I HAVE MADE SEVERAL COMPLAINT TO ALMOST ALL RELEVANT PUBLIC AUTHORITIES, BUT IN VAIN;

5. THAT ……………………………………………………………….;

6. AND THEREFORE, I HAVE FILED WRIT PETITION WITHOUT THE HELP OF ANY LAWYER; (OPTIONAL)

7. THE MATTER IS NOW PENDING IN THE HANDS OF xxxx HIGH COURT; (OPTIONAL)

8. THEY ARE MY LAST HOPE. (OPTIONAL)

9. THIS IS ALL ONLY TO INFORM YOU BECAUSE CORRUPTION ENDANGERS EVERY LIFE.

10. I WILL UPDATE DEVELOPMENT IN THE CASE.

11. I AM OBLIGED FOR YOU SPENDING YOUR TIME IN READING THIS.

12. IF YOU WANT TO READ THE TEXT OF WRIT PETITION FILED IN THE HIGH COURT, CLICK THIS….

13. WITH THE HELP OF EMAIL DATABASE THAT ARE EASILY AND CHEAPLY AVAILABLE WITH SOME OF THE AGENCIES, I AM SENDING THIS MAIL TO NEARLY 15 CRORES PEOPLE IN THE WHOLE WORLD.
==========================================================








May please look at one of my website hoarding- http://indiapublicdemand.org/


If you are looking for Email database companies, may log on to- http://www.sendbulkemailserver.com/

http://www.simplycast.com/


I am told the cost of hosting such simple one page website will be around Rs.3000.

When blogs and many others give free space, why to spend, someone may argue. My take is that, we are trying to influence the mind of the corrupt. By having a dedicated website and having a free space will make all the difference because free space will take away the dedication.

Having regard to universal preconceived mindset, the influence of an dedicated website will be different from that of free space in a blog.

Also, the content and the visibility of a website will not be the same as of a free space that are available.



Similarly we can have dedicated HOARDINGS (websites) for

1) ISSUE BASED:
goodmorningnagarraj.org
policereformskubhoga.org
childforlovenotforlabour.org



2) PROPOGATING Landmark Court Judgment impacting and influencing everyone lives:

thankgodsupremecourtjoginderkumarcase.org (LANDMARK JUDGMENT ON ARRESTS )
thankgodsupremecourtvardichandcase.org (LANDMARK JUDGMENT ON DUTIES OF MUNICIPALITIES )
thankgodsupremecourtallindiajudgescase.org (LANDMARK JUDGMENT ON DUTIES OF HC JUDGES )


3) INFLUENCING CASES IN COURTS: it is seen that we have to fight for obvious. like for example- access to clean drinking water, basic toilet facility are indispensible to life. yet when you go to Court for relief, judges become suspicious and defiant and keep pending the matter for no reasons...... Judges may be ashamed and compelled ..................

cleanwaterpendinginbombayhighcourt.org
toiletpendinginsupremecourtofindia.org
policeconstablependinginbombayhighcourt.org


Sandeep Jalan (advocate)
Janhit Manch, Kuber Bhuvan, Bajaj Road, Vile Parle West, Mumbai- 400056.

PIL for Landlords'

Prevailing condition:

Landlords' should show benevolence by sheer force of law and yet are left to the perils of ballooning immorality and illegality of tenants, in the light of evidently inordinate delays in adjudication of cases.


The National Commission to Review the Working of the Constitution- judiciary headed and judiciary dominated- which submitted its report in 2002 is on record saying 'Judicial system has not been able to meet even the modest expectations of the society. Its delays and costs are frustrating, its processes slow and uncertain. People are pushed to seek recourse to extra-legal methods for relief. Trial system both on the civil and criminal side has utterly broken down.' Also, 'Thus we have arrived at a situation in the judicial administration where courts are deemed to exist for judges and lawyers and not for the public seeking justice'. WE ARE IN 2009 AND CONDITIONS HAVE DETERIORATED CAN SAFELY BE ALLEGED.


Points to be urged:

While Rent Act may to some extent be arguably extended to serve the housing needs of the Society, extending benevolence to business enterprises is you have inescapable violence to fundamental right enshrined and guaranteed under Article 19(1)(g).


In the words of Shri HD Shourie, “Lawyers are accused of employing delaying methods, but no lawyer can succeed if the court refuses an adjournment”.


A dysfunctional Court will only ensure (1) a good lawless society. (2) renders every conferred right meaningless and encourage breach of duty.


Given that TIME of Court is precious, the natural consequences, the Judges are constrained to engage themselves in never ending litigations resulting in further piling of cases.




The Jurisdiction of Court:

Supreme power of Superintendence of all Lower Courts and Tribunals is entrusted to all Judges of HC under Art.227 of Constitution of India. Superintendence ordinarily entails Authoritative control over the affairs of that by overseeing its operation and performance.


Hon Supreme Court in All India Judges Association wherein PETITIONER were ALL INDIA JUDGES' ASSOCIATION and RESPONDENT were UNION OF INDIA; DATE OF JUDGMENT 13/11/1991; BENCH: MISRA, RANGNATH (CJ) BENCH: MISRA, RANGNATH (CJ) AHMADI, A.M. (J) SAWANT, P.B. Chiefly outlined the Role and obligations of District judge and role and position of Trial Judge in administration of Justice--Role of High Court in the functioning of subordinate Judiciary. And it was HELD that Judges must take greater interest in the proper functioning of the subordinate judiciary. Inspection should not be a matter of casual attention. The Constitution has vested the control of the subordinate judiciary not only in Chief Justice but also in Every Judge of High Court.


The Reliefs:

1) Strict observance of three adjournment rule as contained in Proviso to Rule 1(1) of Order 17, Civil Procedure Code 1908.

2) Imposition of heavy cost on litigants if one found indulge in evidently untenable or frivolous plaint or defense.

3) While may be in the long run, constitution of Special Courts for adjudication of Landlord- Tenant cases.



The Concluding remarks:
Peoples’ right to meaningful justice is well recognized the world over and thus in our books of Constitution in Article 21.The systemic shift that the situation demands does not depend so much on availability of resources as on the willingness to adapt and change.


Needless to say, more than anybody else, this Court is fully conscious of issues that have plagued Lower Judiciary, realization of authority so vested in it and thus discharging its spheres of responsibilities are the real solutions to an otherwise an grand system of justice gearing on the path of eventual collapse.