1038 New Year 2018 Ushering in - News Round Up

A New Year is like bucket, or a measuring glass with which we can measure volumes. Just as it is difficult to measure how many buckets of water, an Ocean may contain, it is not possible to measure how many years of Time this Universe/Cosmos is passing through. The Concept of measuring Years is based on the Time taken by Earth for completing one Revolution around the Sun. The Time taken by Earth to circumabulate Sun is about 365.xx days. The First day can start at any point on the Earth's Orbit. Different Countries, Cultures, Religions, have chosen different points as their 'Starting Line'. And this constitutes the"New Year Day", for celebrations. Because West Europe, North America, and ANZ have, because of their Colonial Past, had-have-likely to have a Control on the way the World conducts its operations, their New Year Day, has become more popular when compared to other New Year Days. There is no compulsion for anybody to use January 1 as the New Year Day. But, those who wish to benefit from the Modern Technology, Modern Innovations, gadgets such as Computers, Mobiles etc. may have to depend to some extent on the Christian Era New Year, and its New Year Day Jan. 1. By and large, almost the entire world understood this Reality. Hence, Celebration of Jan. 1 as New Year Day, and the Christian Era for Year Number, is flourishing. In alignment with the World, the People of Residual Andhra Pradesh have also acclimatized themselves to the Global Practices, and are celebrating the Jan. 1, as a New Year Day. But, the Endowments Department of Government of Residual Andhra Pradesh seems to have forgotten this fact, and issued a Circular to Temples under their Control, instructing them not to Illuminate Temples, or perform any Special Celebrations on January 1, because Jan. 1 is not Telugu New Year Day. (Telugu New Year day is celebrated as per Lunar Calendar, and it falls on the 1st Lunar Day of Chaitra month [Month on the Full Moon Day of which Moon appears nearer to the Star Chitta (Spica).]. Hitherto the practice, is People of Andhra Pradesh celebrate both the New Year Days.

Ostensible Reason for Instructing Temples in A.P., not to illuminate or hold Special Functions

Ans: To save costs. To minimise wasteful expenditure. While the Government Officials manning Temples might have complied with Government's Instructions, people being slaves of their habits, as usual thronged into the Temples, forming serpantine queues, to submit their requests to Gods and Goddesses for favors and protection from Evils. Somebody has gone to State's High Court, but they could not obtain any Court Injunction against the Govt's Order. The Chief Minister of Andhra Pradesh, as usual, made some inquiries with the Govt. Officials about the din, but it is too late. It is just like, Dhritarashtra's making inquiries from the Courtiers, whenever a din is created by his 100 sons--i.e. Duryodhana & Bros, + Sakuni, + Karna.

People of Other States should also benefit from the Advice(s) of Shri Venkaiah Naidu, Hon. Vice President of India

Shri Venkaiah Naidu is the Vice President of India. He is not Vice President of Residual Andhra Pradesh. As a Former All India President of BJP, he is well-known all over the country, and not just the Telugu States. People of Andhra Pradesh are flooded with advices from him, in his well-meaning lectures and speeches addressed to Telugus, made in Telugu Towns and Cities . But people of Other States also should benefit from the Wise Advices of Shri Venkaiah Naidu. Are People and Conference-Organising Leaders, not aware about the Sage-like advices of our Vice President? They ought to invite him to their States and benefit from his Advices. In English Language, there is a proverb: "Familiarity breeds Contempt". If People of Andhra Pradesh get a reduced familiarity, they will start loving our Hon. Vice President more and more.

Different Professional Ethics for Higher Court Lawyers and Lower Court Lawyers?

Here is a link to an Article by Shri Ajay Thakur, titled 'Top 10 Criminal lawyers in India and what makes them stand out', Click here to go to https://blog.ipleaders.in/top-10-criminal-lawyers-india-makes-stand/, to read this Article. I greatly appreciate the work of Shri Ajay Thakur. But at the same time, it may be pertinent to point out that the concept of 'top 10 in something' can be a subjective perspective, varying from individual to individual. Two particular quotes from this Article are worth reading:

First Quote:-- "...Bar Council of India Rules says that “an advocate shall defend a person accused of a crime regardless of his personal opinion as to the guilt of the accused, bearing in mind that his loyalty is to the law which requires that no man should be convicted without adequate evidence”. Hence, it is a professional/ethical duty of the lawyer to take up the case of a client based on his consciences and try to defend him. ..."

Second Quote:-- "..To be an effective criminal defense counsel, an attorney must be prepared to be demanding, outrageous, irreverent, blasphemous, a rogue, a renegade, and a hated, isolated, and lonely person – few love a spokesman for the despised and the damned. ..."

The Top NO. 1 Lawyer, in the above list of Shri Ajay Thakur, i.e. Shri Ram Jeth Malani, used to quote some principle which is similar the NO. 1 Bar Council Prescription quoted in the box above, whenever he was asked about the Ethics in defending Terrorists or Hardcore Criminals (against whom solid direct evidence is available which amply demonstrates their guilt, nearly 100%). I once read an Article in Indian Express, some years back, where Shri Ram Jeth Malani has quoted a similar Principle of (British?) Jurisprudence, when he was asked about the Ethics in defending Terrorists who attacked India's Parliament Building. Right now, I am unable to give its link. My readers can provide if they have.

I feel, of course I may be incorrect, that the Centuries Old British Jurisprudence Principle which is quoted, -- is only a sort of lame excuse for both Indian and Global Advocates taking up cases of "Proven Terrorists and Proven Terrorism", cases of "Very Serious Financial Criminals" in spite of the availability of clear-cut evidence, and not just baseless accusations and allegations, minor aberrations, born from "hearsay or suspicion or rumours" . Real reason for our Revered Advocates for their eagerness to accept such cases, may be the Lure of Lucre.

In similar situations, where for example 'a murder has taken place in broad day light in a public place', sometimes under media glare, and in the presence of numerous eye witnesses, at mofussil or smaller Centres in India, there are instances, where lawyers have not come forward to defend the accused. Of course, here a question may arise: Whether the Accused is a very poor person, not having the support of anybody, caste or religion. Whether the Accused is a Film Star or some Rich Person who can pay plump fees to Greedy Lawyers. Lawyers Ethics may depend upon the Paying Capacity and "Status" of the Accused.

A List of Cases defended by Shri Ram Jeth Malani, can be seen in the above Linked Article by Shri Ajay Thakur.

One possible Reason, inter alia other equally valid Reasons, for Accumulation of Pending Cases for Decades in Indian Courts

Once "Prospects of Making Money" get manifest, Lawyers may throng to take up such Moolah-making cases from Influential-Rich Persons, ignoring clearly known facts of their guilt. In case of Civil Cases also, some Lawyers seem to be too eager to accept unjust cases, in spite of knowing what their Client is asking is unreasonable. And this haste and hurry seems to be one reason for piling up of unresolved cases in Courts, because a Lawyer who accepts an Unjust-Unreasonable Case will try to get the announcement of unpleasant result postponed, by asking for frequent adjournments.

1969 Telugu Film Manushulu mArAli (English: Humans should change) amply depicts the Ways of our Lawyers

This Telugu film is a remake of Malayalam film 'tulAbhAram'. A Gemini Film Presentation, directed by V. Madhusudana Rao. In Hindi, it was made as 'samAj ko badal dAlo', in color. But it does not appear to be as impressive as the Telugu Version. Shri Gollapudi Maruthi Rao wrote powerful-sharp dialogues. Protagonist Sharada lived in her role, of a well-to-do Girl marrying a poor worker and Trade Union Leader. It is a different thing that she entered politics later, became an MP, but failed to deliver anything noteworthy. In this film, as far as I can recollect, Late Actor of Rakta Kanneru fame Nagabhushanam fame was the Villain, who also happened to be an Advocate.

1973 Telugu Film 'DhanamA daivamA' (English: Money? or God?)

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In this Film, NTR is the protagonist, and Jamuna is his supporting wife, which may not happen in real life. NTR is an advocate. He remains poor as long as he was honest, and once he changes his ways, he makes his riches, he loses his focus and direction. Of course, after some catharsis he regains his sanity, and there will be a Happy End. But, NTR's dilemma presented as a Lawyers' Dilemma, definitely provokes thoughts, though events in the film may be unrealistic. Viewed from a scientific point of view, this Film's Title may be interepreted as "Money? or Honesty/Duty?".

In trying to save their Clients, sometimes, Lawyers take irrelevant Defences, and yet succeed.

Suppose, there is a Politician who is facing a trial in a "Disproportionate Assets" Case. The Facts of the Case also show a glaring gap between "Known Sources of Income" and "the Accumulated Assets", which provides a self-explicit proof for the Corruption. After studying thousands of pages of documents, hearing several months of arguments, the Trial Court convicts the Politician. The Politician goes in Appeal to a Higher Court.

Now, our Learned Defence Lawyers may argue in Courts:

"Appellants are paying their taxes promptly, correctly. Evidence to that effect has been submitted to the Trial Court. But the Trial Court has ignored it."

ybrao-a-donkey's personal view which is not intended to be imposed on others.

"Paying taxes correctly" and "Earning Income and, gathering Properties" both are two different propositions, sometimes mutually exclusive, sometimes mutually inclusive, and sometimes irrelevant and with no relationship to one another. We can get more than six situations:

1. A person may earn income and wealth honestly, and pay taxes honestly.
2. A person may earn his income-wealth honestly, but may legally avoid/or illegally evade taxes.
3. A person may be corrupt, totally dishonest in earning his income-wealth, but may pay his taxes honestly.
4. A person may be corrupt, totally dishonest in earning his income-wealth, and also be equally corrupt in paying taxes.
5. A person may be corrupt sometimes, and honest at some other times.
6. A person may be corrupt at some places, and honest at some other places.

UNWILLINGNESS TO SACRIFICE vs. DELIBERATE IMMORAL METHODS TO ROB SOCIETY/GOVERNMENT/PUBLIC

Not paying taxes, is only an indication of 'Unwillingness to sacrifice, and Reluctance to part with one's own money, when tax is imposed by Corrupt Governments", and paying Taxes is NOT NECESSARILY a Proof of Honest Earning. I read somewhere that Messrs. Harshad Mehta, Ketan Parekh, Satyam Rama Linga Raju, Ms. Jayalalitaa, Shri Telgi of Fake Stamps Fame, were all Great Tax Payers.

On the other hand, "Using corrupt/immoral methods to accumulate Income and Wealth", is a sort of a 'polished-refined-subtle-uncanny robbery' which will be worse than direct robberies undertaken by our lungi-clad, knife-wielding Open Thieves to eke out their livelihood, when they are caught up in a vortex of 'being branded as thieves by law', which makes them 'unemployable', because nobody employs a convicted small-time thief.

Hence paying taxes correctly, submitting tax returns promptly, cannot be given as a valid scaffolding for uplifting accused persons-institutions from their abysses of moral degeneration and lifting their collapsed moral turpitude.

Need for two separate Central Government Departments, to deal with "Tax Evasion" and "Dishonest Earnings of Income/Accumulation of Assets" SEPARATELY

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Tax Evasion on "Honest HardWork" Earned income should be a less serious Crime, when compared to "Income-Wealth accumulated through Moral Degeneration". Our Hon. Prime Minister may not be able to appreciate this subtle Distinction between the two because, during his youth, before becoming Gujarat CM, he might not have pursued any Occupation/Business which might have made him an Income Tax Assessee. But our Hon. Finance Minister can examine this idea in depth, because he was a Highly Successful Lawyer, with some Taxable Income. Our Software Engineers from IT Industry, Middle Level Managers in Corporate Sector, who face TDS, and some of our Small/Medium Business Enterpreneurs who have just started earning Taxable Incomes/Wealth can easily empathize and delineate this distinction.

Persons who have spent all their childhood and youth in poverty, and who have just started "seeing some good money in their life for the first time" may feel the pinch when they are assessed for the first time. The conscience will start questioning:

"This is the first time I am making some money. There is no guarantee that I shall make similar money next year. Then, why I should I sacrifice my hard-earned money?", thus an honest-hardworker may start thinking.

LAW of DIMINISHING Marginal Utility vs. Law of Increasing Marginal Utility

The "Law of Diminishing Marginal Utility for Money" will not start applying to him-her because, he has not yet started getting satiated with the satisfaction from earning some money for the first or second time or third time in life. This "Reduced Marginal Utility" will come after some years, for ordinary persons. Like the 'first-time-delivery-pain' of a prospective-mother, this 'first-time-(or first few times)-assessee pain is to be experienced, to understand its intensity.

But for Politicians, Business Tycoons, Professional Emperors, Film Stars, Cricketers, it will never come. For them, there is a different Law: "Law of Increasing Marginal Utility". In "Increasing Marginal Utility", if a Chief Minister has made Rs. 500 billion now, he will like another Deceased Chief Minister may want to make Rs. 1 trillion. There are no Exemptions to this bourgeoisie Economics Law . Even Film Stars who sport white beards and black hair, and preach Spiritual Politics cannot escape from this. Only complete-Total-Pure Marxism/Socialism/Communism can cure this disease. Not the Bourgeoisie Communist Parties variety or the Maoist variety.

Strangely , sometimes High Courts appear to be accepting the type of inappropriate arguments presented, and without going through the thousands of pages gone through by the Trial Court, may acquit Influential / Political Accused, in which case burdens of Supreme Court may go up. And then, Supreme Court may have to spend some months/ years of their valuable time to write some hundreds of pages of another Judgment, to strike a balance between the Trial and Appeal Courts. In the meantime, Accused Persons may pass away with no guarantee of Trial in Heaven-Hell, or they may become so decrepit-ly only old, that keeping them in Jails for Correction will become cruel or create problems for the Jailers.

LAST but not the LEAST

My understanding is, that normally, money making Lawyers will not come forward to work as Judges. Assuming that somebody comes forward, what will be his-her approach as a Judge? Will he preach something different from what he-she practised? This is a question which our readers are to ponder over.

To come back and continue adding / deleting / modifying, depending on responses from Learned Readers, and when there is a need to rectify errors.