904 Indian Democracy glitters, but it is fragile. Indian Democracy allures, but it is deceptively illusive.--ybdonkey's musings on the happenings in Tamil Nadu

Indian Democracy glitters. AS the World's largest democracy (in terms of number of voters), it glows a lot. But Indian democracy is fragile. Indian Democracy allures. But it is deceptively illusive. Indians are a complacent and self-congratulating lot. For this reason only, once Retd. Supreme Court Justice Markandeya Katzu once said that 90% of Indians were fools. (Later, under pressure, he withdrew his observation). The SORDID goings on in Chennai, after the death of Ms. Jayalalithaa, the Chief Minister of Tamil Nadu, amply demonstrate this.

A non-issue like jalli-kattu was made a big issue to derive political gains

First there was a State Level strike, on a non-issue like 'jalli kattu' (A traditional sport which involves taming of bulls/bullocks, by large number of youth, while making it to run between rows of crowds, tackling their horns, tails, what not. Some times the bulls may get hurt, and finally surrender. Sometimes, youth(s) may also get hurt. At the instance of PETA (People for Ethical Treatment of Animals), in pursuance of litigation in High Court and Supreme Court, the violent sport was banned. All the political parties, many film stars, cultural bodies instigated people to resort to violence. ULtimately for political reasons, the Tamil Nadu Government in consultation with the Central Government, promulgated an Ordinance, followed by a BIll in the State Legislature, fore legalizing jallikattu.

Why do you consider that Indian Democracy is fragile and illusive?

Where else in the World, you will find legislators being transported in buses, like prisoners loaded into jail vans, and then confined to Hotel Rooms, with all provisions for alcohol, and probably some sexual appeasements. But, this is not the first time it is happening. It happened in United Andhra Pradesh State twice --in 1984 at the instance of N.T. Rama Rao, and in 1995 at the instance of Mr. Nara Chandra Babu Naidu, who led a coup against his father-in-law, Late N.T. Rama Rao. Are legislators sheep? Are legislators thieves, to be imprisoned? Why don't they say "No" and come out of the Hotels, declaring their freedom and independence, like free Citizens? Among nearly 117 legislators who were said to be supporting Ms. Sasikala, only one Legislator fled from the Confinement, that too, on the pretext of buying some dresses. Why didn't the State's Chief Secretary and Director General of Police visit the Hotels where the legislators were confined, and obtain confirmation letters from them that they were not confined, and that they were staying there on their own?

All these ills are arising, because there is no secret ballot!

Legislators are unable to exercise their discretion, and express their views freely, because of the confinement. This is owing to the system of a) only Ruling Party legislators electing their Leader in an Open Session. If there is a Secret Ballot, this problem would not have arisen.

b) Why should only Ruling Party MLAs participate in the Election? All the Legislators of all the parties, and independent members, can be given a vote to participate in the Election of the Chief Minister / Prime Minister. Electing a Chief Minister / Prime Minister cannot be the right exclusively reserved to Ruling Party MLAs/MPs. The entire Legislature should participate in it.

It will be better if Government of INdia introduces a bill in the on-going Parliament Session, to frame a suitable amendment to the existing Laws. If necessary, Constitution of India can also be amended.

All the Opposition Parties are likely to support introduction of Secret Ballot for election of Chief Ministers and Prime Minister.

There is a possibility of this problem repeating in any / some of the States like Uttar Pradesh, Uttara Khand, Punjab, which are going to polls, this month. Hence, the Central Government, and the Opposition Parties should wake up and meet the problem half-way in advance.

JAYALALITHAA HER-SELF WAS A QUEEN OF CORRUPTION

Or else, why should a Trial Court, after examining thousands of thousands of pages of documents, spending 18 years for the trial, hearing numerous witnesses, declare her guilty, in a Disproportionate Assets Case? Strangely, the Appellate High Court in May 2015, made a diametrically opposite decision, and acquitted her, in a very short time. Then on an appeal from the Karnataka Government, the Supreme Court took up the case, and is still to be considered as pending, as the Court reserved its judgement.

Even common sense suggests that, though Ms. Jayalalithaa was a leading film star in her halcyon days, it is nearly impossible for any honest person to amass THROUGH HONEST MEANS: 1,200 hectares including the farm houses and bungalows in Chennai, agricultural land, a farm house in Hyderabad, a tea estate in the Nilgiris 800 kg silver, 28 kg gold, 750 pairs of shoes, 10,500 sarees, 91 watches and other valuables. Like Late Y.S. Rajasekhar Reddy, the Chief Minister of United Andhra Pradesh, who died in a Helicopter mishap, Ms. Jayalalithaa seems to be a lucrepath (a pathological ailment, where the person affected is pulled and pushed by a restless desire to make money, by hook or crook. If the people of Tamil Nadu voted her to power repeatedly, then they must really have been fools, or else the Democracy in India, must be ILLUSIVE.

An impression exists, which appears to be prima facie valid, is that Ms. Sasikala is sitting on a pile of stashed currency, gold and valuables left on this Earth by Ms. Jayalalithaa, and that wealth may be used by Ms. Sasikala for purchasing Tamil Nadu M.L.As. People believe that Ms. Jayalalithaa died intestate, and the Government ought to have acted swiftly, to verify truth and take possession of all the valuables in Poes Gardens, including the Poes Garden, other assets in Bangalore, Chennai, and Hyderabad both Fixed Assets and Movables, before unscrupulous persons holding their custody, and who happen to be non-heirs capturing them, and making them their own. Though Ms. Sasikala lived in Poes Garden as a purported companion of Ms Jayalalithaa , she is not Jayalalithaa's legal heir. Initially Mr. Panneer Selvam and Ms. Sasikala seemed to be amicable shareholders, albeit hidden rivals, their plotting against one another ought to have been foreseen by various Central Government Organs, and preventive-corrective action ought to have been taken.

ONLY ONE CONSOLATION: AMERICANS VOTERS ARE IMITATING INDIAN VOTERS

By electing Mr. Donald Trump who made billions by dubious means, as their President,the American voters, have given an impression that they are imitating Indian voters. It proves that callousness towards corrupt persons, and handing them over power on a golden platter, is an Incorrigible Universal Phenomenon.

NO NEED TO BLAME TRUMP OR JAYALALITHAA OR SASIKALA

Reason: It is the way in which bourgeoisie democracies function, around the world.

To continue.

894 Poultry-keeper cannot count eggs and promise omelets, before hens lay the eggs

Mr. Narendra Modi in his Election Speech at Jullundhur on 27.01.2017, promised to bring Indus Waters to Punjab (presumably from Jammu and Kashmir). Let us believe that it is not election jumla. Let us believe that he is sincere. Yet, one question remains: Why promise to pick up eggs, before hens lay them? Indus River Water may become a subject of an International River Water Dispute. Of course, as Indus River passes through India, before it flows through Pakisthan, India may successfully and forcibly divert Indus Water southwards to Punjab. Unlike his past promise of bringing trillions of India's black money stashed in foreign banks, amounting and crediting to the personal Bank accounts of Indian citizens @ Rs. 1.5 million (Rs. 15 lacs), which Mr. Modi cannot and could not fulfill owing to non-co~operation of stash-benefited and stash-encouraging countries, this promise of diverting Indus Water to Punjab, may be within his control to execute. Of course, trillions will have to be invested for building dams, digging irrigation channels, drilling tunnels through mountains, installing motors for lifting water- wherever needed, is going to be a stupendous task. We can also be sanguine that INdia will be able to overcome technical difficulties involved in shifting water from Kashmir to Punjab.

But, will Pakisthan dumbly accept it as their fate, when India diverts Indus Water? Mr. Modi may want to use Indus Water flows, as a lever to make Pakisthan to come to terms about the Jammu-Kashmir being an integral part of India.

yb-donkey's personal views, which are not intended to be imposed on others

1. This type of promises which may involve international disputes, promises which require huge investments, promises which require surmounting great technical problems, -- it will better, they are not made in advance. It will be like picking eggs, before hens lay them, or milking a cow, before it delivers a calf.
2. We do not know how the Jammu and Kashmir State Government, and the People of Jammu and Kashmir, are going to react to the proposal of diversion of INdus Waters from their State to Punjab. Ordinarily, upper Region States do not easily allow water to be released to riparian States, even if Supreme Court orders them to release.

CAN CENTRAL GOVERNMENT REALLY CONTROL 'UPPER REGION' STATES?

Our readers may recall, how Karnataka Government refused to release water down to Kaveri Delta, in spite of Supreme Court's Orders. Central Government has to answer to the People of Tamil Nadu, why it could not enforce Supreme Court Judgements on release of Cauveri water from time to time. It is not going to be as easy as compromising on the brutal sport of 'jalli-kattu' with the Tamil Nadu Government, asking them to issue an Ordinance, with the help of the Governor.

Karnataka Government also locks supply of Krishna water to Telangana and Residual Andhra Pradesh States, unless and until it gets unstoppable floods to Krishna, and unless and until Almatty and Narayanpur Reservoirs flow upto brim and reach a breaking stage. Karnataka wants to use Krishna River only as a drainage channel for sending its useless water to Bay of Bengal.

WHICH PARTY DOES MR. NARENDRA MODI WANTS, TO BE HIS OPPOSITION PARTY, AT NATIONAL LEVEL?

Okay, as desired by Mr. Narendra Modi, Congress Party will become defunct, and vanish from the political scene. Which Party does Mr. Modi want, to replace Congress at National Level? CPI? CPIM? Trinamul? AAP? Samajvadi? RJD? JDU? Or a Front of all of them? Or does he not want, any Opposition at all? Mr. Narendra Modi has to think, talk and act like a Real Great Statesman. A Healthy Opposition Party(ies) is/are necessary for survival of Democracies. Only in Dictatorships and Totalitarian States, Opposition is totally annihilated. If there are no Opposition Parties, Mr. Modi will not have any challenges, and life will become dull and uninteresting for him. For his own health, he needs good, responsible and Sensible Opposition Parties.

BETTER PM RESTRAINS HIMSELF IN USING BARBS AND SARCASMS

When compared to ordinary politicians, Prime Minister of India is expected to exercise some self-restraint in use of barbs and sarcasms. By using them, a PM may win elections, but if he uses barbs and sarcasms too frequently, people may not worship him on a high pedestal. Our Prime Minister, seems to want to emulate Mahatma Gandhi, by spinning yarn on a spinning wheel, and in other words, we may visualise him as 'abhinav mahAtmA Gandhi' (Modern Mahatma Gandhi). For reaching that State, which I welcome him to reach definitely, he has to work really hard, and honestly, while overcoming petty political temptations.

To continue. सशेष. ఇంకా ఉంది.

883 Whether our Modern Medical System can really predict ailments? Or, are our medical procedures, just set of repetitive actions, till the patient dies/recovers naturally??

I am not a 'doubting Thomas', nor do I want to be one such doubting Thomas. Yet, when we see the world, in its full bloom and in its full gloom, this Capitalist World raises doubts in me, about our various medical systems. Our readers may be aware that Tamil Nadu Chief Minister Ms. Jayalalithaa passed away on 6th Dec. 2016. For about two months, she was under very special treatment at the prestigious Apollo Hospital of Chennai City. Though exact estimates of the amount spent by the Tamil Nadu Government for the medical treatment of Ms. Jayalalithaa are not available officially, people estimate it in the range of Rs. 200 million to Rs. 800 million (or Rs. 20 crore to Rs. 80 crore), or approx. $300,000 to $1.2 million. By Euro American standards, and by the local Euro-American price levels, these expenses may be low. But, by Indian conditions, Rs. 200 million to Rs. 800 million will definitely be a huge amount, and will be a burden on the debt-ridden Tamil Nadu State. Nevertheless, the people of Tamil Nadu, because of their immense love for their amma (Mother), may not bother much about the expenditure. About the actual reason for the demise of Ms. Jayalalitha, a theweek.in web page, contains a statement by Dr. Pratap C. Reddy, Chairman, Apollo HOspital Group. Click to go to theweek.in and study the statement of Dr. Reddy.. This statement, by and large, clears doubts about reasons for the sad demise of Ms. Jayalalitha. A quote from what Dr. Pratap C. Reddy said:

"...From the time she first came to our hospital in September, we have been with her throughout. In fact, I did not step out of Chennai in the last two months only because we cared for her deeply and wanted to do everything in our power to help her get well soon. Last week, before I went to Hyderabad for a one-day visit, I spoke to her. She was doing well and had the same gentle smile as always. She even watched a movie that day. And I told her that when I came back from Hyderabad, I would like to see her walk. We were even planning her discharge from the hospital, and we agreed to discuss it upon my return. I was shattered when I heard of her cardiac arrest when I returned. It was shocking because our cardiologists had been monitoring her closely, and the panel of specialists had not seen any major concerns in her cardiac reports right through her stay.

Our doctors were right next to her when she suffered the cardiac arrest. ..."

ybrao-a-donkey's personal views, which are not intended to be imposed on others. These views are not to be construed as adverse comments against Apollo HOspital Group or their doctors, or Late Ms. Jayalalithaa, AIDMK, or anybody else.

This particular blog post is not about whether there was any conspiracy or mystery in the death of Ms. Jayalalithaa. Courts have already dealt with those things.

It has already been more than 45 days since Ms. Jayalalithaa passed away. I am sorry for the delay in taking up this item. Reason: I have been in a dilemma/enigma, of whether I am competent to write about this subject. I am writing this, with a borrowed courage, saying myself "Better late, than never'.

What I wish to point out as briefly as possible at this stage:
Nearly a million dollars were spent. Doctors were continuously monitoring her progress. She made progress. At one point of time, she was given freedom to go home. She watched movies. She was about to walk. All her vital parameters were good, giving hope and optimism. But suddenly she had a cardiac arrest.

We cannot call this fate. In super-speciality Hospitals, numerous diagnostic tests are conducted almost everyday. I had some of my relatives got treated in ICU for respiratory infections, and cardiac ailments. Hence, I learnt through first hand experience and observation, that frequent diagnostic tests take place in hospitals, and patients pay for them repeatedly.

I had my father-in-law, and brother-in-law got treated in ICU for respiratory infections, and cardiac ailments. One of their relatives who himself is an MD (Modern medicine) wanted some ricci treatment to be done (some divine healing method, of which there are practitioners, about which I do not know). And in spite of objections by the treating Modern medical doctors, they got it done. One relative got cured, presumably by the modern medical treatment. Not only did he recover himself, but a childless person he was earlier, he has got a child. Others passed away, owing to cardiac attacks, with afflux of time, and atrophy of bodies.

In case of Ms. Jayalalithaa also, the people of Tamil Nadu, leaders of Tamil Nadu, got numerous yagnams (sacrifices), homams (worship with sacred-fire, similar to yagnams, yAgams) , religious prayers of all religions, performed. Nothing came to her help. Nor did the 24x7 continuous watch by expert doctors of a prestigious hospital group, another prestigious Government Hospital AIIMS, New Delhi, consultation with a UK specialist, consultations with Singapore Specialists could NOT ONLY failed to SAVE HER, BUT ALSO FAILED TO PREDICT HER IMPENDING CARDIAC ARREST , WHILE SHE WAS BEING CONTINUOUSLY DECLARED FIT TO GO HOME. About failure to save, I have no grievance.

The question is: How all the latest diagnostic techniques, tools, equipment, failed to help in predicting? For me this question is important because: India has 1300 million (1.3 billion) population. Most of them are poor. Many State Governments have started special Health Care Schemes, Medical Reimbursement Schemes to private hospitals, almost on No-cash-payment basis, for receiving treatment in Super Speciality Hospitals. The Central Government also has initiated some Special Health Insurance Schemes. Private Sector Insurance Companies are also fiercely competing with one another, to hard-sell health insurance policies.

I have a friend who pays about Rs.40,000 per annum, for the Health Insurance of himself and his wife. This is his annual recurring expenditure. He hopes that someday, he or his wife would fall ill, and the Health Insurance will come to his rescue.

Now, what is the use of a Modern Medical System, and the Diagnostic Procedures adopted by it, which cannot at least predict with some reasonable accuracy-error rate? In case of prediction of weather conditions, India's Meteorological Department (IMD) is doing yeomen service in predicting rains and cyclones, with reasonable accuracy. Why the modern Medical System is failing?

SOME AYURVEDA (INDIAN TRADITIONAL MEDICAL SYSTEM) NOTES. Source: AshTAnga hridayam, of VagbhaTa Junior, Volume 1, Chapter of "Sutra sthAnam" (Area of Principles). Language Sanskrit. In Roman Script

vyAdhiyE upariyO
vyAdhir bhavati uttara kAlajaha
upakrama vighAtI ca
saha upadravam ucyatE.

Approx. English gist: An ailment which arises at a later stage, which obstructs the treatment of the existing first ailment, is called 'upadravam' (disastrous danger).

This verse has a lengthy commentary, in the Telugu edition of ashTAnga hridayam available on Net. I am unable to translate it or reproduce it here, as this blog post will become lengthy and clumsy. That commentary in that book has an additional observation for the in-capabilities of women to endure strong medications. This is just for information only.

Besides, respiratory troubles aggravate during ritu sandhi period. ritu=season of 2 months. sandhi=junction, joint, link. ritu sandhi = Approx. 15 days period, during which one of the six Indian Seasons change from one season to another. During Oct-Nov. 'sarat' season (season intervening between rains and winter) recedes, and hemantam (prelude to winter, a sort of later-autumn) starts. During the two ritu sandhis i.e. Sarat-to-hemantam, and hemantam-to-SiSiram (autumn-to-winter), not only sick-sufferers, but also healthy persons have to exercise extra care in their food, movements, etc.

There are more verses in the first and second chapters of ashTAnga hridayam, some of which may be useful to us in prevention of ailments. Whenever, I find time, I shall try to quote some of them. We need not agree/accept every verse in the treatise.

To continue. "Medical Systems and their Efficacies" is a 1,000 page subject. To continue to add/edit. सशेष. ఇంకా ఉంది.

754 Greater transparency needed in appointment of Supreme Court Judges

There is a somewhat overused legal maxim which reads: "Justice should not only be done, but also appear to have been done". In the appointment of four Supreme Court Judges recently, the Supreme Court of India, might have done justice. In respect of elevation of High Court Justices to Supreme Court, the Supreme Court Collegium might have followed the established customs. In respect of elevation of an Advocate directly Supreme Court, the ratio decidendi for the appointment, is apparently not available in public domain. Consequently, there will be some mist for the citizens who are studying the incongruences which are going on between the Executive (which has also taken cudgels on behalf of the Legislature), and the Supreme Court of India, over the validity of the National Judicial Appointments Commission Act, 2014, and the lack of transparency in Judicial Appointments being done by the Collegium for appointment of Judges.

With regard to the quote of Justice V.R. Krishna Iyer appearing in the above image, I must first thank the website: http://pages.cs.wisc.edu/~muthian/quotes.html , from which I gathered it. I have not seen the actual judgement of Late Justice Krishna Iyer.

There is another quote available on net, which is similar to the Krishna Iyer's quote, which is worth mentioning. This quote is attributed to Robert H. Jackson:

"...We are not final because we are infallible, but we are infallible only because we are final...".

Robert H. Jackson was : United States Attorney General (1940–1941) and an Associate Justice of the United States Supreme Court (1941–1954). He was also the chief United States prosecutor at the Nuremberg Trials, as per WikiQuotes.org.

Supreme Court of India's Collegium, while recommending the elevation of Shri Lavu Nageswara Rao, to the Apex Court, might have followed its own internal customs, guidelines, norms, procedures, which as outsiders we netizens do not know. Supreme Court's Collegium may be correct and infallible.

Yet, as a lay man, I am tempted to express some humble personal opinion:--

ybrao-a-donkey's humble comments. वैबीराव एक गधे के विनम्र राय . వైబీరావ్ గాడిద వినమ్ర వాణి. You have every right to differ with me. I respect your right. आपको मेरे मत से भिन्न राय रखने के संपूर्ण हक है। मै उस अधिकार को परिपूर्ण रूप से गौरव देता हुँ. మీకు, మీ భిన్నమైన అభిప్రాయాన్ని కలిగిఉండే సంపూర్ణ హక్కు ఉంది. దానిని ఎంతో నేను గౌరవిస్తాను. However, pl. examine this donkey's views also. परन्तु एस गधे के दृष्टिकोण को भी अनुशीलन कीजिये. కానీ ఈ గాడిద దృష్టికోణాన్ని కూడ ఓర చూపుతో కంటజూడుమీ, క్రీగంట జూడమీ.

Apart from Shri Lavu Nageswara Rao, there may be among the members of Supreme Court Bar, who fulfil the requirements to become Supreme Court Justices. Some of them may be as much capable as Shri Lavu Nageswara Rao. They may also be sufficiently Senior. They might have expected a call from the Supreme Court, but might have been disappointed. They might not have come out openly, because HUMANS LIVE ON HOPE, AND THEY MAY BE EXPECTING FUTURE CALLS FROM THE COLLEGIUM. Hesitation to come out openly, may be for various obvious reasons such as, a fear that criticism may jeopardise their pending cases in the Supreme Court. Any slip in words, sentences, used in the criticism, or their misinterpretation may lead to contempt of court.

One unfortunate consequence which resulted by Collegium not following the system of releasing advertisement / notification, calling for applications / nominations from the Supreme Court Lawyers expecting elevation, is: Those Supreme Court Advocates who maintain a low profile and do not canvass for themselves, might not have got their names noticed by the Supreme Court Collegium. If Collegium released advertisement / notification , after submitting required application / nomination , aspirants will have at least at least got a confidence that their name has gone to the notice of the Supreme Court.

The Collegium ought to have at least called for names and biodata of eligible Supreme Court Advocates , from the Supreme Court Bar Association and/or the Bar Council of India. This does not appear to have been done.

Inviting and receiving large number of applications from the Supreme Court Lawyers, might have resulted in PREVENTION OF APPEARANCE OF BIASES such as caste bias, religion bias, region bias, etc. As appointments to Supreme Court are not done on the basis of caste / religion / language / region , how randomisation of social justice is to take place, unless large number of applications / nominations are called for and considered?

ERROR OF PROXIMITY?

Supreme Court Collegium seems to be suffering from an ERROR OF PROXIMITY. By error of proximity, somebody who appears nearby will get noticed and considered. It will be like this: We go to the kirana shop nearest to our home. Why? First preference is to proximity. In case of kirana shops such preference for proximity is Okay, but how can it be taken for Judicial Appointments?

Shri Lavu Nageswara Rao has worked as Additional Solicitor General 2/3 times, representing the Government, he might have appeared before the Supreme Court many times, enabling the Court to appreciate his Legal and orational/oratorial acumen, while other Senior Supreme Court Advocates might not have got that opportunity. This right to opportunity to submit application / nomination, seems to be ESSENTIAL FOR ADMINISTRATION OF NATURAL JUSTICE, and akin to the legal maxim AUDI ALTERIM PARTEM.

In case of the previous appointments 'direct from Advocate to Supreme Court Judge, without working as High Court CJs' of Shri Rohinton Fali Nariman, and Shri Uday Umesh Lalit also, this error of proximity seems to have taken place. Inviting a person to join as Supreme Court, and inviting guests to attend a son/daughter/self's marriage, it may not be reasonable to view as similar things. Inviting guests for marriages will be purely a matter of discretion of the persons extending/sending the invitations. Inviting people for weddings may be a family affair, whereas inviting Advocates directly to join Supreme Court as judges is a National goal and object. Though some consultation takes place between the Government and the Supreme Court, irrespective of whether Collegium will have an upper hand or the Government will have an upper hand, the process itself should have a solid foundation of both Natural Justice and Statutory Law, and openness.

PROCESS OF APPOINTMENTS SHOULD TAKE PLACE IN PUBLIC GLARE, and NOT IN SHADOWS.

The process of appointments should be both deep and wide, extensive and intensive. That means, inviting applications (where ambitious persons do not hesitate to show their own initiative to present their own cases) / nominations (where qualified persons will hesitate to apply and support one's own cases with documents), from the qualified persons should become the starting point. There will be nothing wrong in having some written tests. Some debating and elocutions can also be conducted. Supreme Court Judges can also be appointed on the basis of specialisations, just as we have specialists in different branches of medicine. Whatever processes are done, they have to take place in public glare, and not in shadows.

OUTDATED PRINCIPLE OF BRITISH JURISPRUDENCE

Though some Senior Lawyers take shelter under a principle of Jurisprudence that a Lawyer cannot refuse to accept a brief when a client approaches him (I recall reading one Indian Express Article penned by Reputed Senior Lawyer Shri Ramjeth Malani, a few years back, when he was questioned why he was arguing on behalf of the accused in Delhi Parliament Attack case) . That principle of jurisprudence seems to be somewhat jaded and outdated. It may be valid in British Environment during the times of Merchant Law and Common Law of Marine Trade and Colonialisation, but may not be applicable for a poor country like India. Lawyers practising in Higher Courts, charge huge amounts as fee from already convicted super-rich persons for arguing their appeals in Higher Courts, while a poor person cannot even get an interview from them, to file an appeal or a writ. This is the general situation prevailing in India.

In case of appeals, where trial courts have already convicted a person, Senior Lawyers taking up appeals in Higher Courts may have to take into consideration not only the fee which is being offered by the super-rich person or a celebrity, but also the the total genuineness of case.

SENIOR LAWYERS NEED NOT BE DETECTIVES, BUT CITIZENS EXPECT DUE DILIGENCE FROM THEM

It is not my object to say that Senior Lawyers taking up appeals on behalf of convicted super-rich persons, should give blind credence to the verdicts given by lower courts, or that they should act like detectives, investigate the case again, and pre-decide before taking up the appeal, on behalf of the convicted rich celebrities. I wish to highlight that it will not be reasonable for ENLIGHTENED BRILLIANT SENIOR LAWYERS, TO ACCEPT CASES AS A MATTER OF ROUTINE, because large fees are forthcoming from celebrities.

Though the British Jurisprudence may say that lawyers are only assistants of Court in exploration of truth(s) by courts, at least as far as Indian Socio-Economic Administrative and Judicial Environment is concerned, we have to keep in mind that Indian Courts do not have resources and wherewithal to reach truth, only on the basis of what goes in Court Rooms. It will be necessary for lawyers to make reasonable grass-root ground level investigations to make sure that they take up cases only on behalf of really innocent persons, notwithstanding the common judicial maxim that an Accused is to be deemed innocent till convicted by court.

RICH CLIENT-RICH LAWYERS, POOR CLIENT-POOR LAWYERS MATRIX / CONUNDRUM

Notwithstanding whatever the British Jurisprudence says, if lawyers are assistants of court for exploration of FACTS and TRUTH(s), and NOT SERVANTS OF CLIENTS though they pay fees, then Courts should select lawyers for representing clients, instead of allowing rich clients go to rich-in-good-demand lawyers, and acquiescing while poor clients are forced by circumstances to go to poor lawyers. If courts select a rich lawyer for a poor client on the basis of need of the case (assuming that the particular rich lawyer is the best among the available lot, to argue the case, in that particular Center/City, then Court should force rich lawyers to take up the case, even if fee is low.

If a Court appoints a poor lawyer to represent a rich client, then the Court should be able to force the Rich Clients to accept the poor lawyer to argue on their behalf. In British Jurisprudence, Courts may say that they are not concerned with prosperity and poverty of lawyers (and their fee behavior), and the prosperity and poverty of clients. But for the purpose of Indian Jurisprudence, Courts cannot ignore socio-economic realities. If they ignore, Courts will be doing injustice to the cause of Justice.

The fine difference between a grass-root level pre-trial case and an appeal case may have be kept in mind. In case of a grass-root level pre-trial cases, everything will be raw or semi-finished. But in a case, where trial court has already convicted a super-rich person, after some years of hearing, examinations and cross examinations, some brain-storming has already taken place among the legal brains [judges, prosecutors, defence counsel(s)] at trial court level, all that work cannot be totally overlooked and trashed, though errors and some corrections are possible.

VERY INTERESTING THE-HINDU NEWS PAPER REPORT

http://www.thehindu.com/news/national/jayalalithaa-seeks-adjournment-disproportionate-assets-case-appeals/article8167331.ece . This THEHINDU news report is worth reading, along with 15 comments of the Citizens, which are equally worthy of reading.

One Chief Minister is, after EIGHTEEN years of hearing, examination of large number of witnesses, scrutiny of numerous documents, series of arguments, is convicted by the Trial Court in a different State (the Chief Minister requested for her trial in a different State, because she cannot get justice in her own State), for HAVING ASSETS DISPROPORTIONATE TO KNOWN SOURCES OF INCOME, files an appeal. If the appeal is taken by Senior Advocates in a routine manner, and the Higher Court goes as per the Letter of the Law and Rules, rather than the spirit of law, justice may be done or justice might have been done. But does justice appear to get done?

The Senior Lawyer who represented the Chief Minister Ms. Jayalalithaa is said to be Shri Lavu Nageswara Rao, who is now appointed as Supreme Court Judge, directly. I am not doubting the eminence, honesty and sincerity of Shri Nageswara Rao. At the same time, one question which should linger in the mind of any conscientious person is: Can't Senior Lawyers be more diligent before taking up appeals, in respect of already convicted persons, particularly when the matter was examined in depth for 18 years? I do not wish to say that appeals of super rich persons and celebrities should not be taken at all. But, is there nothing to be considered for taking up brief, except fees? The question in Ms. Jayalalithaa's case is: What will happen for the EIGHTEEN YEARS HARD WORK AND TOIL of the Trial Court? If the trial was not going on proper lines, why the case was allowed to get prolonged for 18 years? Karnataka High Court ought to have intervened and put the Trial Court on the right track.

In the Jayalalitha Disproportionate assets case, if we see the reason sought by her, for seeking adjournment, from the above Hindu News Report, and the 15 comments made by Netizens, one is constrained to get an impression, that either Ms. Jayalalithaa (and her advocates), or the Prosecution (at whose instance no body knows), might have dragged on the case for 18 years, seeking repeated adjournments. --As the matter is sub-judice, this matter cannot be discussed in depth.

WHO HAS TO APPEAL TO THE SUPREME COURT AGAINST THE JUDGEMENT OF KARNATAKA HIGH COURT, REVERSING CONVICTION OF MS. JAYALALITHA BY TRIAL COURT?

It appears that Ms. Jayalalithaa has raised an objection that Karnataka Government has no locus stand to appeal against the judgement of the Karnataka High Court, as the matter pertained to Tamil Nadu State and Tamil Nadu Government. Here one crucial question arises: Suppose, Karnataka Government had not appealed. Would the Tamil Nadu Government headed by Jayalalithaa, have appealed to the Supreme Court? Such things of an accused appealing against his-her own acquittal might have happened during the days of Bodhisatva in ancient mythological India. In 21st Century India, it may not happen. If given freedom, Tamil Nadu Government would not have appealed against the conviction of their own Chief Minister.

Another incidental, probably an inconsequential observation: All the three Sitting Supreme Court Judges hailing from Andhra Pradesh, i.e. Hon. Justice Chalameswar, Hon. Justice N.V. Ramana, Hon. Justice Lavu Nageswara Rao, all APPARENTLY belong to the same caste. Of course, caste may not be a criteria for Supreme Court Appointments, but random dispersal of castes may be needed to dispel irrational doubts among people, that one LANDED POLITICALLY POWERFUL caste is monopolising all appointments.

Without malice to any person or institution.

TODAY'S TELUGU SONG. FILM: DHANAMA DAIVAMA. YEAR: 1973. WRITER OF THE LYRIC: DR. C. NARAYANA REDDY. SINGER: Smt. P. Suseela. . MUSIC: T.V. RAJU. On screen: Senior NTR and Jamuna.

This song is connected to a lawyer's dilemma who was caught between MONEY and GOD. The title of the film is DHANAMA DAIVAMA itself denotes a conflict between MONEY and GOD. Of course, films have their own strengths, weaknesses and idosyncracies. They are fictional. Real Lives may differ.

Approx. English translation has been given at the end of each line. Exact English rendering is difficult for me.

Youtube link for those who wish to read this song: click to go to youtube ni madi challaga song.

నీ మది చల్లగా... స్వామీ నిదురపో While your intellect gets cooled ... Oh my Lord, Sleep Well
దేవుని నీడలో... వేదన మరచిపో... In the Shelter of God ... forget the anguish and pain ...
నీ మది చల్లగా... While your intellect gets cooled...

ఏ సిరులెందుకు?... ఏ నిధులెందుకు? What for are fortunes and wealth(s)? ... What for are the treasures?
ఏ సౌఖ్యములెందుకు?... ఆత్మశాంతి లేనిదే.. What for are comforts and luxuries? ... if without peace of mind ...
మనిషి బ్రతుకు నరకమౌను... Life becomes a hell for humans.
మనసు తనది కానిదే... If one's own conscience is not one's own.

నీ మది చల్లగా... స్వామీ నిదురపో While your intellect gets cooled ... Oh my Lord Sleep Well
దేవుని నీడలో... వేదన మరచిపో... In the Shelter of God ... forget the anguish and pain ...
నీ మది చల్లగా... While your intellect gets cooled

చీకటి ముసిరినా?... వేకువ ఆగునా? Even if darkness surrounds ... Will dawn stop ?
ఏ విధి మారినా... దైవం మారునా? Even if some fate changes ... Will God change ?
కలిమిలోన లేమిలోన... Both in prosperity and in poverty ...
పరమాత్ముని తలచుకో... think of God ...

నీ మది చల్లగా... స్వామీ నిదురపో While your intellect gets cooled ... Oh my Lord Sleep Well
దేవుని నీడలో... వేదన మరచిపో... In the Shelter of God ... forget the anguish and pain ...
నీ మది చల్లగా... While your intellect gets cooled

జానకి సహనము... రాముని సుగుణము ... The endurance of Sita ... The virtuosity of Rama ...
ఏ యుగమైనను నిలచె ఆదర్శము ... stands as ideal and standard, in any age ...
వారి దారిలోన నడచువారి జన్మ ధన్యము... Lives of those who tread their path (Rama & Sita) will be fulfilled ...

నీ మది చల్లగా... స్వామీ నిదురపో ... While your intellect gets cooled ... Oh my Lord, Sleep Well
దేవుని నీడలో... వేదన మరచిపో... In the Shelter of God ... forget the anguish and pain ...
నీ మది చల్లగా... While your intellect gets cooled.

871

Subject to corrections and deletions. A lot more is to be added. To continue. सशेष. ఇంకా ఉంది.

468 What work do Coolies have in forests in the Seshachalam forests of Chittoor District?- Urban Development Minister.

468 కూలీలకు అడవిలో ఏం పని , అని మన నగరాభివృధ్ధి కేంద్ర మంత్రి గారు అన్నారుట
468 What work do Coolies have in forests in the Seshachalam forests of Chittoor District?- Urban Development Minister.
468 चित्तूर जिले शेषाचलं अरण्य में मजदूरों को क्या काम है? -केंद्र नगराभिवृध्धि मंत्रीजी.

The following comment is being attributed to Mr. Venkaiah Naidu, Union Urban Development and Parliamentary Affairs Minister.

Don't the coolies know that cutting down red sanders trees is a crime?  Do they go for work without knowing what kind of job it is?  क्या कूलियों को पता नहीं कि, रक्त चंदन पेडों को काटना एक अपराध है ?  क्या वे अपने काम के बारे में समाचार के बिना काम को जाते? రక్త చందనం చెట్లను కొట్టటం నేరమని కూలీలకు తెలీదా?  తాము చేయాల్సిన పని ఎలాటిదో తెలీకుండానే వారు పనికి వెళ్తారా?

If what is attributed above in Media is true, then we must consider Mr. Venkaiah Naidu as ignorant of workers behavior.  अगर मीडिया वार्ता कथन सच हो, तो हम श्री वॆंकय्या नायुडू को श्रामिक बर्ताव के बारे में अज्ञानी मानना होगा ।  మీడియా లో వచ్చిన పై వార్త నిజమే అయితే మనం శ్రీ వెంకయ్యనాయుడు గారిని శ్రామికుల ప్రవర్తన విషయంలో అజ్ఞానిగా భావించాల్సి వస్తుంది.

Why?  Mr. Venkaiah Naidu hails from a rural area in Andhra Pradesh.  The area lies on the borders of forests.  Villagers on the borders of forests eke out their living by collecting firewood, forest products etc.  For many of them, particularly illiterate laborers, it is almost a daily chore.  Some of them may already know that it is a crime to cut red sanders trees.  Some of them may also know that it was highly risky to venture into forests for livelihood.  At the same time, every villager in backward Districts is not a B.A., B.L., like Mr. Naidu.  Even Mr. Venkaiah Naidu as a lawyer, may not know all the laws, every Section in every Act, with added amendments, notifications etc. 


Even if the labourers know, they cannot avoid going to forests because woodcutting was a thousands of years old, very ancient occupation, since the days of man being a hunter.  Consequently, going to forests for collecting wood and forest produce became a human right.  Governments considering that forest trees as their State property, auctioning the trees to benefit forest contractors etc. were developments of later Centuries.  Of course, cutting red sanders or smuggling it may not be a human right.  But then, the State will have to make a distinction between the smugglers and woodcutters.


The object of this particular blog post is not-- to defend the red sanders smugglers, or their heinous act of killing forest Officials.  The criminals who killed the Forest and Police Officials earlier are definitely to be caught and punished appropriately.  If necessary, in self defence, police may have to use fire weapons against them.


The 20 wood-cutter labourers who died (may be smugglers or their assistants) are not likely to be the above criminals.  Now , the murderer criminals are still to be searched and 302 cases are to be booked against the smuggler mafia gang leaders.  This encounter is not a substitute for that.  Both are separate things.  Both the batches of smugglers/laborers are separate groups.


Living in dire poverty, some wood-cutters of Tamil Nadu might have been tempted to accept the work in Seshachalam, when they were offered double or higher wages than the wages paid to ordinary wood-cutters.


These are the days, when film stars who have already earned millions of bucks, who have received Padma Bhushans and Padma VibhUshans, Rajya Sabha Memberships,  may again and again expose every private part of theirs and dance obscenely, if they get more bucks. 

Is there any wonder, in laborers (they may not be innocent) accepting the work, without knowing the dire risk of getting  fired fatally?  They might have thought that they would go to jail if caught.  Or the mafia leaders might have assured them that they will arrange bail, appoint a lawyer, maintain their families while in jail, etc.  Of course, the laborers believing the words of the smuggler mafia lost their lives, for taking an undue risk for a few more bucks.

It is also a different thing that A.P. Govt. or Tamil Nadu Government pays them some compensation.  After all, the politicians or the Officials do not pay the compensation from their pockets.  The amounts will be paid from exchequer. 


Besides , compensation is not a substitute for loss of lives.   When a physical laborer dies, a Nation loses his productivity for 30 years ie. for 9000 days, nearly Rs. 4.5 million.  A Nation which takes pride in its young population, its productivity, should not throw away their lives, unless there are unavoidable circumstances.   These unavoidable circumstances are to be checked now.


Some pertinent questions which arise:

1. The Police and Forest authorities claim that "Shoot at sight" orders have been passed and publicised. 

a) Have sign boards of large size placed on FOREST PATHS in Tamil and Telugu languages, warning about the RISK OF BEING SHOOT ON SIGHT?

b) Have the "shoot at sight" orders been repeatedly beamed ON TV CHANNELS in Tamil and Telugu languages in Andhra Pradesh, and the neighboring Districts of Tamil Nadu?

c) Have sufficient number printed pamphlets been printed in Tamil and Telugu languages and distributed in the A.P. and T.N. border districts?

d) Have Panchayats and Municipalities of the area been informed of the SHOOT AT SIGHT ORDERS?

e) Now-a-days both the Central and State Governments send a number of mobile SMSes even for flimsy things.  Did they send any such "SMS" messages about SHOOT AT SIGHT ORDERS to any mobiles in Chittoor, Cuddapah and the adjacent Districts in Tamil Nadu?

f) Did they show any slides or short-films in the local cinema halls, about the Shoot at Sight Orders?

g) Did they make sufficient number of announcements on loud speakers, before resorting to fire?

h) Why didn't they try firing into sky, firing at legs, before resorting to direct fire?  Are there are any special circumstances for skipping the first two prerequisites?

i) Did they exhibit some RED WARNING BOARDS at Lorry & Mini Lorry stands, auto stands to warn the laborers?

j) Did they announce it All India Radio Stations of Cuddapah, Chennai?  In All India Radio, every hour we hear an advertisement "I am Narendra Modi.  etc. etc. "  The SHOOT AT SIGHT ORDERS could have been repeatedly announced on All India Radio.

Police and Forest Officials have every right to fire against attackers in self-defence.  But the question is: Is this right being exercised honestly and sincerely?  Are there any circumstances to believe that this right has been exercised honestly and sincerely?  This should now be checked through a judicial process.  If the Police and Forest Officials can show that they have followed the above precautions, they can expect full public support for their actions from public.

Normally, Police, Forest, Excise Officials do not move, when people approach them with complaints.  Bribes are necessary both to initiate an action which they are bound to take as per law, and to stop an action which they have started. 

There may be a strong desire on the part of the Police, Forest officials to take revenge against smugglers who have killed two innocent Officers discharging their duties.  But is this desire, a sufficient motivation to fire on a very large scale?

There are news reports that political leaders of the area have links with the smugglers, and that some of the political leaders themselves are the smugglers.  The Police and Forest Officials should have started their combing with the politicians and their cronies, by repeated inspections of their residences, factories, godowns, cattle sheds, plantations etc.  Let the Police and Forest Officials publish a list of politicians, industrialists, business persons, whose houses, factories, godowns, cattle sheds, plantations etc. they have searched, and the number of cases they have registered.  How many cases of disproportionate wealth in relation to sources of income they noticed during the searches, and what action they have initiated against the top king pins of the racket?

Justice should not only be done, but should also appear to have been done. 

Conclusion

Till India attains full employment in its true sense, coolies may have work with forests.  They will not have any work with angels (deva dUtAs).

(To continue.  सशेष.  ఇంకా ఉంది.)