My Aspirations and Expectations ... A Foreword

Dear and the most respected Readers of this Blog,

I am overwhelmed with the positive response to both of my blogs. I am glad and obliged that visitors to my blogs have also taken the pain to send me a mail at my email ID: gulab.a.singh@gmail.com with their queries, comments and suggestions. I appreciate that you all have found time to go through various articles which have been put up from time to time.

To start with, I wish to give a brief about myself. I wish to state that I am a practising Chartered Accountant from Mumbai, India and also qualified the Law Degree (General). I have been professionals all through my work life but recent incidents globally has forced me to think whether the current state of affairs of our country & globally will go unabated without a check? Politics and Bureaucracy in India has touched a low mark, which also includes law enforcement agencies. I always had the inclination to write and present my views - both on professional & other areas comprising of Political, Social, Legal and Cultural, and this blog is just an attempt to highlight the real issues which are glaring on the face of it.

In this era, there is an information overload. We cannot find one website which will give comprehensive information on any one subject. All the websites try to attract us and build number of members by making them 'forcefully' register with them just for the sake of monetizing and earning revenues from the advertisement which comes in the form of irritating pop-ups.

Here starts the (unwanted) information overload... Any internet surfer or internet savvy person who has all the communication channel emanating from Internet shall know how impossible task it is to read over 200 mails in a day. If we cant read our mails, how will we find time to gather the informations through browsing? I, therefore decided to present topics in a right form for interactive discussions and for putting up the relevant informations to the extent its possible. I have decided to launch expert services in the areas connected to Accounting, Financial, Management and Legal Advisory. To ensure that the set aims are achieved in the right manner, I have come up with the following Blogs, which deals with social and professional issues independently:

1. gulab-a-singh.blogspot.com

I always assumed myself to be a fair presenter of the issues involving the common man. In this blog, I have tried to present my views on all the social, cultural and political issues of National and International Importance. In political and social issues, there are many a times hidden facts, which are not obvious to a layman. I have tried myself to find out the anomaly in such relevant areas. I would request the readers to put in a comment and / or to provide their views in the form of articles. Such articles, if found suitable, shall be published with their name and contact details (if provided) on our blog. You may send such articles at my personal email address, which is gulab.a.singh@gmail.com. I assure you of my quickest possible response to all such mails.

With the degradation of our Social and Political Standards, its high time someone ventures out to cleanse the system. We cant shirk our responsibility by just blame-game. We need to be in the system to change the system. I am seriously thinking of coming to the core issues affecting our country and humanity. Toothless democracy has no place when it comes to providing justice at the right time. Its time to deploy the policies of Alexander, the Great (alias Sikander) and Hitler in a right fruitful combination. The policies of peace, as per the formula of M. K. Gandhi is redundant, obsolete and of no value in the modern days. If one reads the history with a balanced mind & neutrality, one shall come to know that we did not get the independence through ahimsa (non-violence) alone. There were lot of blood-baths and violence (remember Chauri-Chaura incident, Babu Genu, Lokmanya Bal Gangadhar Tilak, Veer Savarkar, Bhagat Singh & Others). In India, we have the usual filthy habits of not remembering those, who really deserve to be admired & followed!

2. gulabsingh.wordpress.com

You go to any of the search sites and one shall be surprised to see numerous websites talking of accounts, finance, legal and other relevant areas of profession. In this blog, we have tried to infuse some knowledge based datas to start with. I assure the readers of this blog that this blog shall be very informative and interactive in nature in the days to come. You shall appreciate that it takes little time to settle, and I am sure you all shall bestow the faith and trust in me and allow me to come up with a healthy discussions and informations on all such related areas.

The readers are requested to search for their topics and not to miss the older posts / entries. You may also advise me to take up the relevant topic and the same shall be brought up in the blog, if found feasible and suitable. We shall also cover Accounting Standards till this date, Guidance Notes and IFRS related issues very shortly.

The topics in this blog are as under:

1. Profile of CA Gulab A. Singh;
2. Stroke Identification - A stroke can be very dangerous;
3. Mumbai & Other terror attacks - A time to introspect our own system ... feels CA Gulab A. Singh;
4. Corruption - We have no answer / methodology it seems to combat the same;
5. Reasons for sleeping & waking up early;
6. The Hindu Rate of Wrath … An article by Francois Gautier;
7. Chanakya Neeti - A guide to practical approach towards our life;
8. What your nails say about your health?
9. Concrete wish ... Hope it turns true ... Atleast this year (2009) ...!
10. Justice Delivery System in India for financial frauds;
11. A fire-brand image of India - Narendra Modi (Gujarat CM);
12. Bloggers can be nailed for views ...;
13. Rs. 70,00,000/- crores in Swiss Bank!!!
14. Are members of the prestigious Institute of Chartered Accountants of India in trouble of losing their own prestige?
15. Legal Case backlogs - Are we heading towards justice? ... An Introspection;
16. Does NDA deserve a miserable defeat in the Lok Sabha election held in April / May' 2009;
17. Minorities in India??? - Oh is it? ... Is it so?

I wish the readers of this blog a peaceful life full of confidence and happiness alongwith a wish for great career ahead in all their future endeavours.

CA Gulab A. Singh, FCA, LLB (G)

Mumbai, India

Minorities??? - Oh is it? ... Is it so?

There is no dispute that India is a country which believes in mix of religion, caste, race … The minorities have been provided with shelter under various laws / acts / statutes, however their conduct does not fit into the parameter set aside for their protection. The so-called secular politics has given them one more reason to breed terror in the country. I am afraid that we may see a new rise of domestic taliban because of the nexus of the so-called ‘secular’ politicians and the so-called minorities.

The people from the majority religion have been seen camping in the minorities religious places and offering their prayers. I personally feel that this is the reason why our own majority religion has suffered a set back and has been diluted by not placing our faith in our own God.

I do not understand as to why the leaders at the helm of affairs are not anticipating troubles for India and for people who love India? There have been enormous terror attacks and blood baths and still our top foolish & ‘secular’ politicians are not finding reason to teach them a lesson. I do not condemn any religion but such acts must never be tolerated. A recent incident of Miraj must give us an anticipation of the future. If we do not rise in this situation and face the reality, the reality shall soon confront us.

There have been so many terror attacks in India during the last 17 years but the government only remembers Malegaon blasts. Are we living in a real secular country or is this country not a place for the people who belong to majority? To root out terror is a months job for the law enforcement agencies and politicians, but both the Police and the Politician are busy trying to find out avenues to fill up their coffers.

A local state level politician trying to woo 'Marathi Manoos' did not had the courage to talk about the insult inflicted on Hindu (Marathi) God at Miraj. Politicians like Laloo Yadav, Mayawati, Mulayam Singh Yadav, Raj Thackeray, etc. are not the people who represent people from Uttar Pradesh or Maharashtra. If some of the politician is so concerned about burgeoning population on the existing infrastructure, he must speak as well about the population control, especially from the people who allegedly belong to Minority community. Does he have the guts to throw illegal Pakistanis and Bangladeshis out of Mumbai, who are flourishing well beyond the expected rate?

Shivaji Maharaj is an icon and his statues / photographs have been placed at all Government Offices / Judiciary / Parliament and was considered as Desh-Bhakt. By supporting the Deshdrohi (Afzal Khan), the so-called minority community has allegedly proved that they are deshdrohis as well, and going by what the History states, I personally feel that the statement stands true as of now. For more information, you may refer the following links:

http://www.youtube.com/watch?v=o-J0mD8naAg&feature=related

http://hindujagruti.org/

http://www.hindujagruti.org/news/7785.html

Does NDA deserve a miserable defeat in the Lok Sabha election held in April / May' 2009?

BJP (Bhartiya Janata Party) was almost a negligible player in 1984 especially after the elections held post-assassination of late Shri Rajiv Gandhi. However their emergence and downfall may be summarised as under:

1. Shri Atal Behari Vajpayee is a poet and held the top position of the party (BJP);

2. The BJP got an issue of Ayodhya (Babri Mosque) to get the support from Hindus, which they really got, especially after the demolition of the controversial mosque;

3. They not only ruled Uttar Pradesh (the state in which the controversy happened) but also formed an alliance with other regional parties to form NDA (National Democratic Alliance). They came to power in the centre and ruled the country for 5 years;

4. On the other hand, Congress with other like-minded (?) parties formed UPA (United Progressive Alliance);

5. Whatever BJP promised pre-election before they formed the government, they failed to comply with their commitments. Neither they build up the temple, nor settled any other such controversial issues nor abolished Article 370 in J & K;

6. They wasted their time in striking the balance with their alliance so that they can complete 5 years successfully;

7. Leaders like Narendra Modi or Varun Gandhi are still not important in their party, whereas Narendra Modi beat the incumbency factor and became the Chief minister once again in 2008;

8. Their campaign did not work during the last term nor it worked in 2009 election and they failed miserably on all the front;

9. Despite being a national party, they are still under the constant pressures from their alliances in each state for seat adjustments and other blackmailing issues;

10. Lal Krishna Advani (Prime Minister-in-waiting at election 2009) and Rajnath Singh do not know what to be done exactly to win the confidence of the people;

11. They were busy abusing opponents including the Prime Minister and did not talk anything relevant in their election rallies;

12. They thought elections can be won through their cheap stunts and unwanted / baseless attacks on the opponents;

13. They would have won nationally, if they had the guts to acknowledge the way Narendra Modi works. Its a bitter surprise that they are blaming Narendra Modi and Varun Gandhi for their defeat. I am sure L K Advani at this age is not in a position to think from the right perspective;

14. If they would have followed single policy consistently, they would have been at the centre now, rather they kept on changing their issues constantly and tried to project themselves as Secular;

15. The word ‘Secular’ and ‘like-minded’ parties in India means those who do not support the majorities. All the Indians know about it, but the citizens had no choice but to vote for the Congress led UPA, as they could not have voted parties led by the so-called Kingmakers like Mulayam Singh Yadav, Prakash Karat, Mayawati, Jayalalitha, etc. who are more effective ONLY in their own region;

16. BJP led NDA did not had any stars except Narendra Modi, Bal Thackeray and Nitish Kumar amongst others, however to add salt to the injury BJP did not project their agenda well and also did not show their intention to fulfil the same;

17. There were many terror attacks during the BJP regime as well; The Swiss Bank had the same amount of undisclosed Indian Money as they had earlier during the NDA government but they did nothing;

18. They just introduced the now-repealed and most controversial ‘POTA’, however they forgot that mere introduction of some laws cannot substitute the WILL to fight on the terror head on;

19. Given this scenario, the citizen had no choice but to fall back on the Congress led UPA for stability and sustenance;

20. BJP leaders are themselves to be blamed for their poor show as they had betrayed the trust of crores who thought that they will not only give a good stable government but also shall do something on terror, secularism, population control and Pakistan related issues, however on the contrary, Samjhauta Express still runs between India and Pakistan. The most stupid job was to have Lahore and Dhaka Bus Service;

I hope a better sense will prevail with all such political parties who shall work for the real welfare of the citizens of India, rather than coming to power based on caste, creed, religion, language and other unwanted issues. We need to focus more on employment creation, industrial & agricultural development, infrastructural development, population control, educational issues, judicial reforms, terrorism, checking regional disparities and to sustain Secularism in the right perspective.

Legal Case Backlogs - Are we heading towards Justice? ... An introspection

There is a report that there is a blow to the concept of Speedy Justice, wherein the pendency of the cases with the Supreme Court of India has gone over 50,000 in 2009.

The most dangerous revelation still awaits .…. A massive 2.64 crore cases were pending by the start of this year 2009 with the trial courts in India … forget about the other cases lying with Tribunals and other such authorities.

So how we need to summarise the above …

Simple!!! Justice delayed is JUSTICE DENIED. Whether the justice availed at the cost of mental stress, administrative harassment, time compulsion, loss of money and work, etc. shall ever be called a ‘Justice’ in the real sense?

With due respect to the law of our land, Hon’ble Courts, law enforcement agencies, etc., I wish to present the Probable reasons for the loads of cases, which are only illustrative and not exhaustive in nature (apart from the comments wherever appropriate):

1. There is no WILL for the disposal of cases. Delayed justice delivery system has made both the applicant and the defendants lethargic towards the proceedings of the court. It is not shocking that complainants themselves take a date to delay the proceedings in order to complete some other work which they feel are more important than the case filed in the court;

2. There is a continuous addition of cases before the court, whereas the disposal rates are too low in comparison. Add to this is the period for filing appeal and getting the order / justice from the appellate authorities, which are equally slow and discouraging;

3. In certain cases, law enforcement agencies play truant and files cases, which are purely based on manipulation by the Complainant. Despite knowing that the complaints are frivolous and baseless, the case is registered. Both the complainants (or the alleged ‘victim’) and law enforcement agencies are hand-in-gloves to harass an innocent person. Such additions further burden the courts, which are already over-burdened with loads of cases yet to be taken on the board for hearing;

4. There is no time limit for disposal of appeal cases by the appellate authorities. The process for filing appeal and setting up a time limit for disposal shall surely do wonders;

5. The Magistrates and Judges are transferred, leaving the parties in the lurch for want of justice. Though transfers may be routine and genuine, but the hardships faced by the parties must be considered before such transfers are made. The gap between the transfer of one judge and the reinstatement of another takes months to settle, which delays the justice further. A new judge takes its own time to study the cases before starting the proceedings once again;

6. Advocates have no less role to play for the delayed and infructuous justice. They want to prolong the case for their own selfish motives of generating more income from their clients, and secondly most of the time most of the advocates are not so willing and probably not capable to fight the case on the board which is taken up for hearing on day-to-day basis. They are believed to be happy with their regular income that they get from attending dates alone apart from the income earned through Notaries, affidavits, drafting of power of attorney and small-time bail cases;

7. Had there been a time constraint / limitation for filing a case and getting the justice within a specific time period, the Courts would never have felt the heat of such over-burdening of cases before them;

8. Sometimes I wonder how efficient and effective our administrative and other authorities are? They want the businessman to keep 8 years record, thereby forcing him to hire godowns to keep records. We can see cases of 1970s and 1980s being fought in the court. Given this system, can we expect a justice from the hands of those who are actually in a position to deliver the same, had they applied their WILL to get through the bottle-neck system;

9. Why cant we have a specific deadline for disposal of all cases by a certain period including those lying with appellate authorities? Are the efficiency and intelligence of the authorities not under the scanner of the normal public for not carrying out their work efficiently and effectively? Are there not any rules, procedures or set of norms for early disposal of all type of cases (except those which are in the larger interest or with larger gravity due to cumbersome investigation);

10. The businessmen are facing the heat due to delayed justice in cheque bounce cases. The Banks are feeling the heat due to issues not resolving despite the cases filed with Debt Recovery Tribunals. Such delayed system of justice also hampers the growth of the economy as loss of confidence plays a major role in bringing down the economy to a certain extent because of lack of justice at the appropriate time;

11. We dont need Judiciary to work on Saturdays OR to have their public holidays reduced OR to increase the courts and judges, UNLESS AND UNTIL there is a will to dispose off the cases in a shorter span of time. The will-power alongwith the right impetus from all relevant agencies shall ensure to get through the loads of cases in a span of couple of years. I hope the newly elected government looks at this problem with the positive frame of mind in order to resolve the long pending cases lying before the court. The respect for the judiciary shall be the highest if the justice delivery system falls in the right place!!! Its rightly said that a law is the king of KINGS.

Are members of the prestigious Institute of Chartered Accountants ofIndia in trouble of losing their own prestige?

In continuation with my comments on Satyam earlier, this article is being published to highlight the dis-comfort that is being allegedly faced by the members of the prestigious “Institute of Chartered Accountants of India”. The members of this community have already flooded the professional group of Yahoo with lot of anguish and sarcasm. My opinions have been expressed to ensure that there is a balanced opinion and not the one which may be termed as Prejudice!

My opinions are expressed here in the form of answers. The queries raised by the members on various email groups has been tried to be accommodated in this publication.

1. Some of the members questioned the PwC’s decision to withdraw their comments on financial statement after the disclosure of ex-Chairman, Satyam, Shri B. Ramalinga Raju. They also questioned about the fees that PwC charged for the said audit under consideration or was it a Charity Audit at the end of Satyam? However, in my opinion, I wanted a balanced question relating to the following:

(a) What about the Salaries taken by those Accountants, Finance Managers, Finance Directors (who did not complete their job as was expected by them - on a right legal framework)?
(b) What about the fees taken by the Directors in Audit Committee for the purpose of Corporate Governance?
(c) What about the fees taken by the Internal Auditors?
(d) What about the fees taken by the Company Secretary?
(e) What about the fees taken by the entire board who approved the accounts? Or would have met several times to discuss about accounts and finance?
(f) Why the fees taken by PwC is ONLY being questioned? Has emotion taken over the professional etiquette of a person?

2. As regards audit reliability statement of PwC

There is a Guidance Note to that effect and I am sure the statements made by PwC stands valid.

3. Post Satyam Fiasco – Auditors Duty?

Assume that the Annual report is published and later the Directors say that the financial statements are wrong in one way or the other and that they have inflated purchase bills by forging or bank statements or Fixed Deposit Receipts, what are the auditors expected to do then? In this scenario, the PwC would not have been allowed to re-check the validity of those papers (in the office of Satyam) after the statement of B. R. Raju to the Board. Hence, they have stated that because the said signatories (directors) to the annual report have informed that the financial statements are not true, it is right on their part to dis-own their own statements / comments on the Audited financial statements.

4. There were some members who were in favour of publishing CAs photo (for their alleged failure in performing their duty) in Journals and barring them from carrying out professional activities ANYTIME in the future!

Are we telling ourselves that there should be dual system in India, viz., a stringent acts ONLY for CAs and the normal ones for all the others!!!

5. Members targeting Price Waterhouse Coopers – Are PwC the only concern responsible for Satyam?

Please note that I am not supporting ICAI (& their Council Members) or Price Waterhouse Coopers with such publications. My only concern is why are we ONLY targeting Chartered Accountants (just because we feel that PwC is our competitor!). Are we CAs not comfortable with the competitors of our own stream? Why are we not talking about Shri Ramdas Athavales' letter to SEBI in 2002 for Satyam irregularities? Why are we not talking about the alleged support of Chandrababu Naidu and A. B. Vajpayee who did not took the letter seriously? What was the SEBI doing against such complaint lodged way back in 2002? SEBI has alleged in the recent past that since the chairman has been lodged in Jail, they cannot investigate the matter thoroughly! Why was there a need to arrest him and put him in Jail when there were so many authorities who would have unearthed the reality if B. R. Raju was made to co-operate with them in investigation? He could have been arrested after few days after the investigation would have made some progress. Is it not right that CB-CID was very quick to put him in Jail without an investigation at the initial days of arrest?

No one is talking about them or such other people who were also involved in this act apart from PwC? I am fully in support of the lawful action against PwC, however targetting them alone is not fair. There are many things that needs to be unearthed. PwC is only a part of the larger conspiracy and ... earlier we understand, better for the entire CA fraternity.

6. Price Waterhouse Coopers have maligned the entire profession. Now the members do not feel like using the CA logo or using it as a prefix before their name!

Are the acts of PwC taking a toll on the reputation of the entire CA community? Is PwC, a representative of the CA profession in India? Why are we maligning our own profession by our unjustified emotional over-run?

On a lighter note, I wish to summarise this publication by saying that if someone does not wish to carry the logo or not comfortable being called a CA (only because of one of the firm known as PwC), the only way out shall be to seek some other profession / business and dis-own the CA certificate issued by ICAI. I wish all such departing members of the erstwhile CA community, a very successful career in their new professional / business field in the days ahead.

7. There was an article published in one of the local hindi daily of South India. The article stated that most of the Chartered Accountants make an earning by signing fictitious financial statements.

Do you think CA fraternity needs a certificate from such dailies about their credential and truth-worthiness or honesty of the members of the prestigious ICAI. Let us not recognise them by giving them undue importance. This is one form of media and hence they need some masala to enhance their penetration in the market by way of circulation based on their own mental thoughts. Let them be a director of any corporate or a member of Rajya Sabha who may be the owner of this daily.

Incase, even if I am willing to accept the fact that CAs earn more because of signing some of the false financial statements. Is it not true that all politicians and their family members / relatives fed more on the corruption and black money and through one form of extortion (refer Mayawati Case of brutal murder of engineer). Is it not true that some politicians were involved in Telgi scam as well. Are they not responsible for Jehadi entrants in J & K or any other related incident (including Afzal Guru, Masood, etc.) If this is the case, the said politician must look into their own acts before opening their mouth to pin-point at other professional community which has actually developed the economy & related concerns. The politicians have made India weak politically and diplomatically. They should hang their heads in shame and try not to over-power a professional community.

I do not think personally that we need to take certificate of honesty from those who do not have their moral, culture, ethics and professionalism. There are black moles in every field. There are good politicians and there are bad as well. Generalisation concept is only their way to increase their circulation by spreading masala news of zero value to the community and to the India, as a whole.

8. Controversy of Satyam vis-a-vis PwC (Statutory Auditors) – Are allegations & suspicions fair?

Some of the Hon'ble members of some of the yahoo groups were hell bent on maligning our own profession by targeting PwC. Let us not forget that the entire system was at fault and not alone PwC. Only the Auditors cant be held responsible. Let us wait ... why are we in a hurry to put forth our judgement before the law has taken its course? I am flabbergasted to notice that no body is blaming the Audit Committee, Corporate Governance Award being bestowed on Satyam recently, Company Secretary, Stock Exchanges, Service Tax Dept., Income Tax Dept which would have scrutinised all the years return so far, Internal Auditors ...........etc. Why are we only trying to paint PwC? Are we not maligning our own profession indirectly. An accusation is a must but let us be balanced in our views and thoughts.

Lastly let us try and be more professional in our work culture henceforth. Let us deliver the service that the society needs. There is no point crying on each others shoulder. Its time to get our acts together and clean up the mess, if any.

Rs. 70,00,000 Crores in Swiss Bank

During the eve of election campaign, the Prime Minister-in-waiting, Shri Lal Krishna Advani of the Bharatiya Janata Party (BJP) demanded that the Government at the centre of our country must make effort to ensure that the list of depositors in the Swiss Bank is released officially alongwith their names and amount of deposits so made.

It is also alleged about the Swiss Bank that if the entire amount is repatriated back to India, we shall be able to get rid of all foreign debts and shall also remain a surplus state!!! A miracle indeed. Lets hope the Government of India takes the steps in the right direction. The depositors, however shall include not only the public figure from Bollywood but also the politicians.

An excerpt …

1) 70 lakhs crores rupees of India are lying in Switzerland banks. This is the highest amount lying outside any country, from amongst 180 countries of the world, as if India is the champion of Black Money.

2) German Government has officially written to Indian Government that they (German Government) are willing to inform the details of holders of 70 lakh crore rupees in their Banks, if Indian Government officially asks them. On 22.05.2008, this news has already been published in The Times of India and other Newspapers based on German Government's official letter to Indian Government.

3) But the Indian Government has not sent any official enquiry to Germany for details of money which has been sent outside India between 1947 to 2008. The opposition party is also equally not interested in doing so because most of the amount is owned by politicians and it is every Indian's money. This money belongs to our country. From these funds we can repay 13 times of our country's foreign debt. The interest alone can take care of the Centre's yearly budget. People need not pay any taxes and we can pay Rs. 1 lakh to each of 45 crore poor families.

4) Just imagine, if Swiss Bank is holding Rs. 70 lakh crores, then how much money is lying in other 69 Banks? How much they have deprived the Indian people? Just think, if the Account holder dies, the bank becomes the owner of the funds in his account. Are these people totally ignorant about the philosophy of Karma ? What will this ill-gotten wealth do to them and their families when they own / use such money, generated out of corruption and exploitation?

5) Indian people have read and have known about these facts. But the helpless people have neither the time nor the inclination to do anything in the matter. This is like "a new freedom struggle" and we will have to fight this. This money is the result of our sweat and blood. The wealth generated and earned after putting in lots of mental and physical efforts by Indian people must be brought back to our country.

Bloggers can be nailed for views ...

A 19-year-old blogger's case could forever change the ground rules of blogging. Bloggers may no longer express their uninhibited views on everything under the sun, for the Supreme Court of India said they may face libel and even prosecution for the blog content.

[A Libel in the legal language means to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others]

It will no longer be safe to start a blog and invite others to register their raunchy, caustic and even abusive comments on an issue while seeking protection behind the disclaimer — views expressed on the blog are that of the writers.

This chilling warning emerged as a Bench comprising Chief Justice of Supreme Court, K G Balakrishnan and Justice P Sathasivam refused to protect a 19-year-old Kerala boy, who had started a community on Orkut against Shiv Sena, from protection against summons received from a Maharashtra court on a criminal case filed against him.

Petitioner Ajith D had started a community on Orkut against Shiv Sena. In this community, there were several posts and discussions by anonymous persons who alleged that Shiv Sena was trying to divide the country on region and caste basis.

Reacting to these posts, the Shiv Sena youth wing's state secretary registered a criminal complaint at Thane police station in August 2008 based on which FIR was registered against Ajith under Sections 506 and 295A pertaining to hurting public sentiment.

After getting anticipatory bail from Kerala HC, Ajith moved the Supreme Court through counsel Jogy Scaria seeking quashing of the criminal complaint on the ground that the blog contents were restricted to communication within the community and did not have defamation value. He also pleaded that there was threat to his life if he appeared in a Maharashtra court.

A computer science student, Ajith pleaded that the comments made on the blog were mere exercise of their fundamental right to freedom of expression
and speech and could not be treated as an offence by police.

Unimpressed, the Bench said, "We cannot quash criminal proceedings. You are a computer student and you know how many people access internet portals. Hence, if someone files a criminal action on the basis of the content, then you will have to face the case. You have to go before the court and explain your conduct."

We, therefore advise everyone to restrict their views and put them fairly well so as to make sure the same is commensurate with the law of the land. Freedom of expression cannot give anyone a right to defame anyone or to show someone in a poor light. The criticism in the content (whether in blog or otherwise) must be fair and not biased. Freedom of expression cannot override a persons right to be respected in the society.

A Fire Brand Image of India - Narendra Modi

When people call me FIRE BRAND for my controversial statements and articles, I am forced to believe am I aligning myself with the Fire Brand leader of India … Shri Narendra Modi. Shri Narendra Modi does not require an introduction. However for readers staying abroad (out of India), I wish to introduce him in my own words.

1. Shri Narendra Modi is the current Chief Minister of one of the State called Gujarat on the western part of our country, India;

2. He comes from an allegedly non-secular party called as BJP (Bharatiya Janata Party);

3. He secured second term as a Chief Minister following the win in the recently held Gujarat State elections in 2008;

4. The BJP was not a strong player way back in 1984, however with the Ayodhya issue, they could … not only win the UP State elections but also with the other regional parties formed an NDA and ruled the Centre for 5 long years under the prime ministerial supervision led by Shri Atal Bihari Vajpayee;

5. However, the Congress regained power in the last Lok Sabha elections and came to power (the next lok sabha elections all over the country is due in April / May’ 2009);

6. There were many ups and downs in all the regional and national parties of late, however there was one leader who always was at the centre of controversy. He is none other than Shri Narendra Modi himself;

7. Though the prime ministerial candidate from BJP has been Lal Krishna Advani (L. K. Advani), however there is no denying the fact that Shri Narendra Modi is more famous in all respect as compared to L. K. Advani or Rajnath Singh;

8. Narendra Modi had been in the controversy for his alleged fundamentalist stand in favour of Hindus. His acts were under scanner in Best Bakery Case, Godhra, etc …;

9. Despite all the criticism by the media and their one sided report on Shri Narendra Modi before the Gujarat State elections, BJP sailed smoothly, thanks to the charismatic leader Shri Narendra Modi & his efforts to make Gujarat more vibrant than any other state;

10. He re-appeared as a dynamic leader after he brought the famous Tata Nano Lakhtakiya (One lakh rupee) car in Gujarat. Ms. Mamata Banerjee had done everything to ensure the loss for West Bengal, thanks to her cheap publicity stunt & her poor vision for the people of her own state;

11. Even the top-notch industrialists in India recently supported Shri Narendra Modi to be a prime ministerial candidate – not only for his tough stand against terror and so-called minority appeasement policy of the centre, but also because of his development plans & support to industry;

12. Though in a recently organised meeting, he supported Shri L. K. Advani to be a prime minister, however there is no denying the fact that over 75% of Indians wish him to be a prime minister. He does not represent only the BJP anymore. He does not require a party brand to be known. He has shown his own leadership abilities despite many hurdles from his own party internally;

13. There was a fire brand image earlier of another politician, who is popularly known as Sena Pramukh, Bal Thackeray (Shiv Sena Supremo). A fire brand image prime minister, Smt. Indira Gandhi was the last versatile prime minister in India till 2008. A recently self-proclaimed fire brand image is coming up because of his divisive policies and controversies. He is none other than Shri Raj Thackeray. All the fire brand politicians are correct to certain extent. It depends on how Shri Narendra Modi and Shri Raj Thackeray shall function in the days to come on a national level.

14. I wish the fire brand image politicians to do something favourable for the best interest of India (and not only for the politics / personal gains).

Justice delivery system in India for financial frauds

This was not the first time that we saw an alleged financial manipulation / fraud in India. The year 2009 started with various controversies – one amongst them was Satyam Computer Services Limited, a giant IT company having its existence not only in India but also abroad.

The impact of Satyam was the one which we as Indians knew. The same arrest procedure, same media news, same allegations & cross allegations, same false promises of tighter norms and stricter laws. What happened to Harshad Mehta, Ketan Parekh, A. K. Telgi …? Financial fraud and its aftermath are known to the people of India, as we have seen many instances before the previous one dies down.

Some questions that needs to be answered are:

1. Is our Justice Delivery System fool-proof?

2. The Government does not appear to be treading the right path as many of the amendments are explained by referring to specific pronouncements of Courts / Tribunals and stating that the views taken in these judgements were never the intention of the legislature. The understanding of the law by the Judiciary should not be disrespected and annulled by making retrospective amendments.

3. The stricter norms and other provisions have failed to put a stop on the alleged manipulations & fraud, as the intention of the legislature could not be construed to mean stricter implementation of the norms. Stricter norms on paper and its implementation in practical life are two diverse subjects. The intention of the legislature must have been right but there has been no will to implement the same when countered with such grave situation.

4. Whenever there has been a terror attack in any parts of India, we have seen politicians coming out with their stereo-typed sympathies and promising to handle (?) terror. By using the word Jaipur spirit, Mumbai spirit, Delhi spirit, etc. the politicians & law enforcement agencies have only done their best to divert the attention of common man from terror …………. to spirit to overcome such terror attacks? But for how long? Politicians have no answer. After 26/11 attacks, the media news has remained the same right from 28.11.2008 to till date. The same old statements by Prime Minister, Home Minister, Foreign Minister, External Affairs Minister, ….. the list is long!

5. Satyam issue shall also die down soon with little amendments here and there. However as a peace-loving and faithful citizens of India, let us be honest to ourselves and implement the rules as has been intended by the legislature vide powers bestowed on them by the Constitution. Honesty cant be enforced by law, it has to be built within.

Concrete wish ... Hope it turns true ... Atleast this year ...!

1. We wish each year ... as a matter of routine ... and those wishes turn hollow .... However, I just hope and trust that the ensuing English New Year (2009) shall bring with it lot of prosperity, success, peace and fulfilment in everybodys life;

2. Can we celebrate the New Year Eve? Especially, when the Terrorists forces are still very much active and alive! When the organisations like Taliban, JeM, SIMI, Al-Qaeda, Other Jehadi terrorists are active, how can we expect the New Year to bring in peace as compared to what we saw in the year 2008 globally;

3. Its time to deal with them and the so-called appeasing activities of few politicians with Iron Hand;

4. Indian politicians are busy making Pakistan agree that the terrorists of 26/11 and of the earlier occasions were trained in Pakistan soil. For the last one month, Media is reading out the same old statement of Pranab Mukherjee. I think all the politicians at the helm of the affairs should be sent for mental check-ups before giving them the coveted post. I do not know why India wants to make Pakistan agree? Are the terrorists in India who are currently in Judicial custody being granted the justice? If No, then its time to stop the blame game and set our own houses in order;

5. India condemned the Israeli forces of attacks on Gaza. I think its time that India should keep its mouth shut and look at their own internal problems rather than trying to interfere in others functioning. Atleast Israeli forces and politicians are far better than Indian politicians who only know how to bark. I do not support the bloody attacks but the on-going crisis in India makes me feel that we need to learn a lesson or two from Isreal. India cant do what Isreal has done, nor can India ever do! The answer lies not in extradition of terrorists from Pakistan but it has something to do with the ill-rotten politicians and functioning of the Indian System.

6. Without going into the same old repetitive story, I end this mail ... and look forward for a peaceful new year - 2009.

I wish all of you and your family members a great Health, love of friends & family, beauty of nature, wisdom, generosity, happiness, contentment and joy for the ensuing New Year 2009.