Wednesday, June 24, 2015

534 Central Government and the Judiciary should have their own FULL-FLEDGED Police Departments. केंद्र सरकार और न्याय पालिका को अलग स्वतंत्र पुलीस व्यवस्था होना चाहिए। కేంద్ర ప్రభుత్వానికీ, న్యాయ స్థానాలకు, ప్రత్యేక పోలీసు వ్యవస్థ అవసరం.



World language English in Roman script: प्रपंच भाषा अंग्रेजी, रोमन स्क्रिप्ट में। ప్రపంచ భాష ఇంగ్లీషు రోమన్ స్క్రిప్టులో.

While the Central Government takes onto its head, goals, objects and tasks which are not necessary as an apex Administrative Organisation, it skips the essentials without accepting authority and responsibility, in case of its essential duties, on the ground that those duties fall under "States' subjects" of the Constitution, and that it should be the duty of the States to discharge their duties as enshrined in our Constitution.

We shall take up one example of Centre taking up non-essential items: The recent jamborees and hullabaloos that have taken place in the name of Yoga, and the International Yoga Day.

UNO has obliged to India's request to declare an International Yoga Day, because UNO was starving for funds, and it expected India to come to its rescue. A demand for raising India's subscription to UNO might have already been put up by UNO to India, or in the near future, they will put up. Besides, billions of Rupees have been spent by India for organising the half-hour or one hour yoga-show at every place where the GOI could exercise its influence. This is apart from the Chartered flights, expenses on fuel and vehicles for movement of VIP convoys, carpets and tarpaulins, etc.

Now, we shall take up one example of Central Govt. (and probably the Judiciary) neglecting their essential functions.

There is a need to check the dictatorial tendencies of KCR & Co dynasty with his nephew, son in the Cabinet, and his daughter an MP (said to be keen on joining Central Cabinet). Telangana Congress and BJP MLAs, MLCs, and MPs have to do it, but they are afraid of the abusive words of KCR & Co. If T Congress and BJP try to point out any errors of his, KCR & Co. will immediately launch attacks of abuse against T leaders.

KCR is instigating people of Telangana against the leaders of their own Region, as if they were enemies of Telangana. KCR&Co's main strength is their instigating skills. This animosity of T people against people of Residual A.P. is more pronounced and prominent in Warangal , Medak, Karimnagar, NIzamabad, Adilabad Districts, as they do not have any border with RAP. People of Mahaboobnagar, Nalgonda, Khammam Districts have blood and marital relations with people in Residual A.P. Enemity is being created by the A-K-N-W-M District people and, sadly, the people of Mahaboobnagar, Nalgonda, and Khammam are being misled.

Central Government: CBI, is today, not a full-fledged organisation. It does not have a proper law for its own constitution and functioning, except some ad hoc instructions. Suppose, if States refuse to implement the instructions of the Central Government, the Union Home Ministry has to break its own head, with no help forthcoming from their political bosses, unless the bosses themselves considered that they were under threat.

The weakness of the Central Government to enforce Rule of Law, should not be swept under-to the Carpet of the freedom of States and Federalism. Federalism will work, only if States function as per law, and without MALICE, political or otherwise. Fortunately, so far, States have not made major revolts. This may be for various reasons, such as earlier the Coalitions at Centre were dependent on the support from the Regional Sardars, and that was forthcoming amply provided they were allowed to rule their Sultanates with all dictatorial powers.

Only anti-incumbancy upheavals during the five year elections were changing the position. Example: In Tamil Nadu, whether Karuna Nidhi's DMK or Jayalalitaa's AIDMK rule their Sultanates in turns. Because Tamil Nadu was on the Southern-most tip of India, there were not major problems creating a situation for GOI to intervene. Though there were River water disputes between Tamil Nadu and Kerala, Tamil Nadu and Karnataka, which used to reach their 'critical stages', Tamil Nadu was a downstream State for waters, and it could not do anything if Karnataka or Kerala refused to release water. Some directions of High Courts and Supreme Court about release of water to Tamil Nadu could not be enforced against Karnataka or Kerala.

Same is the case with West Bengal. Central Government may land itself into situations where it has no Central Apparatus, to enforce its own orders or the orders of the Supreme Court, on the West Bengal Government.

Of course, we have a problem of the Ruling Party in Centre using its clout against Opposition Parties' ruled States, and create problems for the opposition ruled States. Eg. Problems created for Arvind Kejriwal in Delhi through Delhi's Lieutenant Governor.

To adjudicate inter-State disputes, and the disputes between the Centre-and-the-States, Judiciary should be sufficiently empowered, not only to send notices, hear to arguments, issue decrees, but also to enforce the court orders, against all the parties. In other words, Judiciary should also have its own Police to enforce its decrees, at all levels i.e. Supreme Court, High Court, Trial Courts.


KCR SHOULD BE HAPPY TO GET RELIEVED OF THE BURDEN OF LAW & ORDER IN HYDERABAD, instead why he is unhappy? He seems to be unhappy because he may to explain to Governor, every action of the TRS Government and seek Guv's. consent. Then, there is a danger of his evil intents coming out.
What I write here is not to be construed as a defence of the nefarious actions of Mr. Chandra Babu Naidu and his TDP Ministers.

KCR & Co. has threatened that KCR will undertake a fast in Delhi, to resist implemention of Sec. 8, Andhra Pradesh Bifurcation Act. Why? Doesn't he have any confidence on Governor? Is he afraid that, if he is indulging in corruption, illegal or unlawful activities, Governor will apply brakes to such corrupt, illegal, unlawful activities of TRS? Everybody knows that all is not well in allotment of lands to industrialists in Telangana. Mr. KTR is also accused of participating in land settlements. Telangana ACB has never bothered to look into them. Why singularly take up only one case of Cash for Vote Scam? Besides, there are accusations that Mr. Stephenson paid Rs. 12 million to get nominated as MLC. It is also said that KCR received Rs. 80 lacs, and the TRS intermediaries Rs. 40 lacs. It is alleged that Mr. Stephenson had to incur debts for paying this bribe, and that he initially tried to reimburse himself of his expenses, by selling his vote. It is said that the Gunman of Mr. Stephenson, brought it to the notice of the Telangana Government, when its ACB was said to have moved to bring him as a Prosecution Witness in the Cash for Vote Scam.

Suppose, let us visualise a situation, where Stephenson could get his MLC nomination without spending a single Rupee, probably he might not have fixed such a high price of Rs. 50 million and started with an advance of Rs. 5 million. He might have, at the most asked for Rs. 500,000/-.

MLAs, MLCs and MPs trying to get back their election expenditure through selling their votes for Councils, Rajya Sabha, etc. and if the amount so mobilised was inadequate, they also work as power-brokers to get things done in Government , on behalf of Corporate businesses and industries.

Mr. Chandra Babu Naidu might have committed some criminal offense in the Cash for Vote Scam. But then, there are enough reasons to suspect that TRS Government has also done some dirty work, in inviting Mr. Talasani Srinivasa Yadav, Mr. Tummala Nageswara Rao, Mr. Kadiyam Srihari into Cabinet. Whether there was a quid-pro-quo or not, Telangana ACB ought to have investigated, but it has not done it. Mr. KCR and his Government may be clean in inviting them and giving them Cabinet Posts. But KCR & Co. cannot be judges to decide on their own offenses. That investigation, and establishing the innocence of KCR & Co. is to be done either by a Central Govt. Agency or a Judicial Agency. If Mr. KCR is clean, he should have asked for a CBI investigation covering all the conversions (political) that have taken place in Telangana.

Truth or falsehood of all these allegations can be ascertained only if Central Government or Judiciary order an independent investigation. If necessary, Lie Detector Tests may have to be conducted on KCR (includes his dynasty proxies KTR, Harish Rao and Kavita), Chandra Babu Naidu (including his dynasty proxies Lokesh, Balakrishna), Stephenson, Mattaiah, Revanth Reddy, Talasani Srinivas Yadav, Tummala Nageswara Rao, Kadiyam Srihari, Governor himself (for blindly appointing Stephenson as nominated MLC), concerned bureaucrats in the Telangana Government who recommended Stephenson's name.

Desirability or otherwise of enforcement of Sec. 8 of the Andhra Pradesh Bifurcation Act 2014, is only a tip of the ice-berg. This Section 8 had a limited geographical purpose of ensuring that there is impartiality of Police, in HYDERABAD CITY ONLY. Then, it has a time limit of just ten years, i.e. till such a time the Residual Andhra Pradesh shifts it Capital to some place in RAP. These two limitations should have made KCR & Company very happy, because it relieves them of their burden of administration of Law & Order in Hyderabad, at least for ten years, so that they can concentrate on development of Hyderabad and Telangana. KCR & Co. should have requested for creation and deployment of Central Government Police, and take over the expenditure and responsibility of Law and Order in Hyderabad.

At present, State Police Stations and State Police Officials have a monopoly on all cases and crimes in the State. Unless a bribe is paid nothing really moves. If Police drag on in registering FIRs, the hapless victims have no place to go. Though, theoretically, victims can file a private case in Magistrate Courts seeking a direction to the Police, and sometimes it works, very often it does not work, because people have to pay push-money, chase-money everywhere.

There should be somebody in competition with the State Police to take up the FIRs. If there is a Central Police, and if there are Central Police Stations everywhere, aggrieved persons can lodge their FIRs with either of the two or even with both. This is not waste of resources. Monopolies never really help, whether in the arena of markets or in the area of Policing.

If there are going to be disputes between the State Police and Central Police, Judiciary can adjudicate and pass appropriate orders against both, in such a way that justice is done to the victims.

This is not going to lead to waste of resources, or multiple agencies. India is a highly populated country. There are also no signs of its being actively controlled. Establishing additional Police Organisations will only bridge the continuously neglected shortfalls.

It is said that Union Water Minister Ms. Uma Bharati has promised to deploy Central Industrial Security Force (CISF) to enforce law and order in the administration of gates of Irrigation Projects. She should have done it long back. Let us hope that it will not be an empty promise. If there is a Central Police, and Central Police Stations which specialise in examining law and administering law (not just using fire-arms and lathis), we can expect them to act lawfully.

CONCLUSIONS:

1. Need for Constitutional Amendment to make Law & Order a Concurrent Subject.

2. Need to establish full-fledged Central Police, Central Police Stations to compete with State Police Stations.

3. Authority to Central Police Stations to accept FIRS, investigate, file charge sheets, prosecute, a la the State Police.

4. Additional Police to Judiciary, to enforce Judicial Orders and Decrees.

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