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Monday 3 September 2012
My Blogs My Musings: The Second Representation to the Chief Justice of ...
The Second Representation to the Chief Justice of India Justice Mr. Kapadia
Thursday 7 April 2011
My Direct Appeal to the Indian Prime Minister on Corruption- Excerpts From My Letter
Direct Appeal to the Prime Minister for Urgent Action
1.The onus is on the Prime Minister to consult the state governments where the matters below are exclusively in the state or the concurrent list as he is the leader of the nation. Most of the much needed reforms below could be achieved within a year if there is a political will. The nation would be behind the Prime Minister if investigations he orders results in his unseating or expulsion from the ruling party. However, it is alarming to learn about the Prime Minister’s criticisms about Judicial Activism when it is warranted by the “In-activism” of the Executive of which he is the de facto head. The proactive Judiciary is the only hope for the millions of people in India who are persecuted, harassed and bullied by the bureaucrats through corruption and injustice. From these premises the Informant appeals the Prime Minister to be proactive in the coming Budget Session and implement the following governance, legal, administrative reforms as listed below;
a) The Informant appeals to the Prime Minister to allocate 2% of the GDP for Judicial and Regulatory institutional infrastructure in the coming budget
b) The Informant appeals the Prime Minister to set up sufficient number of civil and criminal courts and other regulatory institutional infrastructure across India so that justice is not denied through delayed justice
c) To abolish all British era draconian laws which were orientated to make the Indian citizens to be at the mercy of the Indian bureaucrats who use this as duress to extract bribes.
d) To initiate amendments to the Prevention of Corruption Act to enable the bribe payers to be whistle blowers and witnesses if they so choose so that the corrupt bureaucrats do not escape conviction due to the lack of witnesses. Decriminalisation of the bribe givers as in most cases of corruption only two sides privy to the criminal transaction are the bribe giver and the bribe taker.
e) To initiate steps to bring back all the Black and Laundered money in European tax havens and Swiss banks which is the plundered property of the state and qualify as proceeds of crime liable to be seized both under domestic tax laws as well as under UN regulations. The failure of the dictatorships and dynastic rulers besides the aggressive prosecution of the corrupt would erode the customer base of the tax havens and they have an interest in keeping India a corrupt country plagued with separatist movements often facilitated, fomented or funded by EU charities as could have been the case with the LTTE.
f) To stop any further resignations of election commissioners and other constitutional functionaries as was in the case of Mr. Gill who was used to bring in Mr. Balakrishnan especially when the current Chief Election Commissioner Mr.Chawla himself is of dubious integrity and independence according to his own predecessor. The need to secure the resignation of people of disputable integrity like Mr. Thomas at the CVC ought to be seen as part of this wider reform.
g) To publish a white paper on the looted Indian Heritage expropriated under the duress of European colonial occupation of India and its recovery so that the people’s right to their heritage including sacred, semi sacred and secular are protected in full both under domestic laws as well as under the UNESCO directives to the former colonial powers.
h) To commence the video recording of all police station interviews in the presence of the lawyers to prevent witnesses claiming duress and turning hostile later in judicial proceedings. Please inform the public and police that all police officers are officers of the court and they could be proceeded against if they were to intimidate, influence, bully or harass or seek bribes in any of their investigations or forge or doctor documents as it could amount to perversion of the course of justice/obstruction of justice/evidence tampering. And strive to make the Police and the CBI independent of the Executive so that they do their duties without fear or favour solely under judicial scrutiny instead of the scrutiny of the dynastic rulers and their bureaucratic and political coterie.
i) To modernise all polluting industries instead of shutting them down causing massive unemployment and social unrest through a dedicated Environment Fund which could be funded from the recovery of the Black/Laundered money in European Tax Havens including Swiss banks.
j) To set up an independent Project Implementation Department in the Centre and the States to monitor all project implementation to check diversion of funds, tardy implementation, corruption, inefficiency, cost overruns etc which cumulatively is wasting over 50% of the governments’ outlay whilst the Prime Minister is refusing to enhance the outlay for the Judiciary to 2% of the GDP.
k) To set up Anti-Corruption Courts in all Districts in India to facilitate timely prosecution of all corruption cases where the courts have the power to freeze the assets of the corrupt until they are acquitted as being tried out in Bihar.
l) To set up adequate number of Environmental cum Planning Courts in all states in India so that planning permission cum environmental clearances for all industries and businesses are given or rescinded by such courts instead of the piecemeal action of the environmental ministries which do not even care about open drains, littering, lack of toilets or running water or in India which do not attract media headlines. The biggest cause of pollution is inefficiency which results in the wastage of resources both human and natural besides energy, time and investment. Even planning permission for pubs in the UK is granted by the Magistrates Courts after hearing the potential landlord, the relevant council/police agency.
m) To implement mass legal literacy campaigns across India informing the Indian citizens about their rights in general and how and where to access them through the print, television media. Without knowing about a right no one can claim a right. Spreading legal literacy in India would empower people democratically and cost very little money as corruption would fall once people are given an opportunity to assert their rights especially when the victims of corruption are from the poor/ disadvantaged/ the OBC/SC and ST communities.
n) By increasing the budgetary allocation for the Judiciary and Regulatory institutions to a minimum of 2% of the GDP from less than 1% now especially because the domestic black economy is estimated to be around 50% of the official economy. The tax recoverable from this 50% domestic black economy will recover the 2% budgetary allocation several times over in a year. It would also address the issue of judge and lawyer population ratios where India is at the bottom of the league.
o) To issue a Gazette Notification to define Secularism and Socialism inserted in to the Constitution of India without any attempt to define it in the Constitution itself whilst the powers, duties, limitations of powers of the President, the Prime Minister, the Chief Justice of India, the Lokh Sabha Speaker the Union Bureaucracy and their counter parts in the states are all clearly defined. After all Secularism and Socialism are our cardinal constitutional principles. Politicians, academics, artists, writers, actors etc are not a competent authority to define socialism and secularism but the union government comprising the Parliament, the Executive and the Judiciary alone could do that. This particularly important as thousands of people in India lost their lives in about 30,000 communal rights across India since independence. Thousands also lost their lives in political clashes, strikes, bandhs etc since independence.
The Informant undertakes to submit documentary evidence before the Prime Minister upon reasonable notice and is even prepared to testify before any other agency or institution in the interest of promoting Rule of Law and Constitutionalism in India if he is accorded the protection under Witness Protection Schemes and provided legal aid both in India and the United Kingdom.
Signed this on the 15th day of February two thousand and eleven by the Informant
Johnson Thomas K
ANNA HAZARE'S HUNGER STRIKE! WILL IT REMOVE CORRUPTION IN INDIA? WHAT'S YOUR TAKE?
1. I SALUTE ANNA HAZARE FOR HIS EFFORTS IN GETTING THE COUNTRY TO FOUCS ON CORRUPTION.
2. However there are people like Medha Patkar, Swami Agnivesh, Ms Sarabhai, Santhosh Hegde and others from the anti-development lobby who could use this campaign against corruption to sabotage development in India which alone can create jobs, homes, slum free cities, roads, schools, hospitals etc across India.
3. Please don't get carried away by slogans as it was such slogans like Socialism, Garibi Hattao, and Aaam Aadmi which were once used by the ruling dynasty of India to perpetuate their rule over India.
4. If the government officers like the police, the CBI, the Enforcement Directorate and the courts were doing their duty the corrupt who bribe their way out or in would have been long ago in jails.
5. India needs more courts, judges, prosecutors, police stations, jails and police with modern training across the country to have speedy trials, decisions, investigations so that the corrupt do not get away.
6. The police and the CBI ought to be made independent of the Executive. The biggest cause of corruption in India is that the bureaucrats devise duress through laws so that people have to pay up to start a business or get a certificate or legitimate welfare benefits or a ration card. The Bribe Giver must be treated as a whistleblower. Ever wondered why bribe giving was made a crime? To criminalize potential witnesses to corruption and thereby protect the corrupt Indian babus who thrive on corruption!!! It is the same Indian babus who are educated who teach our illiterate politicians how to be corrupt!!!
7. The Indian citizens are not directly facing the corruption of the Prime Minister but of the corrupt police, village officers, civil supplies officers, and tax officers across our villages, towns, cities, street corners, collectorates, village offices which will not be solved by the Lok Pal Bill unless it is brought to every village police station premises.
8. Please don't be fooled by Medha Patkar, Mallika Sarabhai, Swami Agnivesh, Santhosh Hegde, and Shanthi Bhushan unless they declare that their agenda is not to stall development in India under the cover of the anti-corruption campaign. I hope this is not to give an election fillip to Manmohan Singh and Sonia Gandhi through a photo opportunity just before the polls like Mallika Sarabhai and Subhashini Ali did.
DON'T BE FOOLED MY DEAR INDIA!!!
Please read the highlighted portions by clicking the link below;
http://myblogsmymusings.blogspot.com/2011/03/long-letter-to-prime-minister-of-india.html
Friday 1 April 2011
Should the Book on Gandhi by the Pulitzer Prize Winning Author Joseph Lelyveld be Banned?
The comments below are in response to Mr.Gopalakrishna Gandhi's articles in the Hindustan Times of 29, 30 and 31 of March 2011. As you know Mr.Gopalakrishan Gandhi is a grandson of Mahatma Gandhi and was removed from the directorship of a Gandhian Foundation in the USA for his outbursts against the Jewish people which Mahatma Gandhi himself would not have tolerated.
NO!!! The book should not be banned!!! Gandhi is my hero and will always be despite his failings. The next in line for me are Abraham Lincoln, Martin Luther King and Napoleon in the Western hemisphere. In the East I have other heroes like Valmiki and Vyasa and others. I have a complaint to make to the grand son of Mahatma Gandhi as below;
1. Did Gandhi have any clue that his anointment of Nehru would lead to a dynastic rule in India through the abuse of his surname?
2.Did Gandhi have any idea that the British were planning ahead of him to install their chosen heirs for India and indeed the whole of South Asia besides the former colonies who later became members of that organization headed by the British Monarch whilst claiming to uphold democracy? Please refer to the Commonwealth Charter to appreciate whether it was intended to perpetuate a rag tag colony for the ego of the British Monarch. The freedom struggle that Gandhi led was not to fight American Imperialism but British Imperialism but then how did it gradually became a fight against American Imperialism under the Nehru clan? Was this the so called Hindu extremists' making or the communist Nehru's making? Are you or your grandfather privy to all private communications/conversations between the British and the Nehru family?
3.Kripalani in his biography on Gandhi says that after Gandhi's death Nehru shunned Indian advisors for Mountbatten which is corroborated by Harold McMillan’s (former British Prime Minister) diaries wherein he claims, "the atrocities the Mountbatten’s did on India was horrendous”
4. Even if your theory about the Hindu extremists killed Gandhi could be right neither you nor Gandhi were investigators of any standing. Could it be the British behind Gandhi's assassination just like their influence in getting even the Nobel Committee deny Gandhi the Nobel Prize five times? The employee/employer relationship between Rabindranath Tagore’s family and their connection to Rajaram Mohan Roy who is buried in Bristol in Britain are all well known. Brahmo Samaj was founded by Rajaram Mohan Roy who is an uncle of Tagore. The Janagana Mana Athi Nayaka of India at the time of its writing in 1911 was the British and no wonder Tagore got a Nobel Prize and the British scuttled Gandhi’s chance to get the Nobel Prize five times admitted by the Nobel Peace Committee some time in 2010. The translation of the Jana Gana Mana is available on Wiki Pedia through a Google search.
5.Please have a look at the dynastic rulers and dictatorships in South Asia and West Asia all of them have a deep rooted allegiance to Britain and European tax havens. the fake Gandhi's in India, the Bhuttos in Pakistan, Bandaranaike in Sri Lanka, the Gaddaffi's in Libya, the Mubarak's in Egypt, the Azads and Hussein of Syria and Jordan whether through second homes, tax evasion or education or military training. Even Robert Mugabe was knighted by the John Major's government before he became an international paraya (pariah). Does anyone in India know what Sonia Gandhi the most powerful person in India doing from 16 March to 21 March of 2011 in London? Even a holiday of the democratic leaders attract media coverage. As she is the most powerful person in India the people of India has a right to know what she was doing in London for 5 days? How did Motialal become such a wealthy lawyer, one of the wealthiest in the world under the British Raj when even today Clifford Chance the wealthiest law firm in the world cannot achieve number one position without the support of the British establishment?
6. We the people of India request you the grandson of Mahatma Gandhi whom we love not to allow your grandfather's name to prop up a dynastic rule in India. This is the least we ask from you as there are already 460 government programs named after the Indira-Nehru dynasty who abuse your grandfather's surname "Gandhi" besides all the prominent landmarks in all major cities be it JNU, IGNOU, JNPT, IGIA, to name a few.
7. Hindu extremism you allege is now mellowing Hindus also had a case as you ought to appreciate and unfortunately no body told the Muslims about the Hindu sufferings due to political correctness. If you can take out an injunction against the use of Mahatma Gandhi's pictures by the dynastic ruling party in India to befool the nearly 50% illiterate Indian voters through unfair voter recognition and thus voter decision it would be a great service from you to India. Images for nearly 50% illiterate voters in India are what mould their perception and eventually decision making. I think Abraham Lincoln is from Springfield Illinois and you should be concerned about the dynastic slavery India is undergoing now through dynastic rule through the abuse of your grandfather's surname. Accidents are one offs or rare incidents but when they repeat itself it is a pattern even under basic logic!!! The British the largest losers in human history always tried to divide the Hindus up to keep their empire going and has now become the world’s 5th largest economy from the first in early 1900 despite their Booker Prizes, Amnesty International, the BBC, the Oxfam etc with the active support of the Indian leftists and Naxals.
This book ban is to justify the banning of a book on Sonia Gandhi by a Spanish author. Even Kama sutra was not banned in ancient India!!! Banning is a Taliban policy and not good for any democratic country! The tragedy in India is even the election commission and police act as plaintiffs in defamation matters to prop up dynastic rulers. The rules prohibiting personal attacks on candidates is clearly a rule to protect Sonia/Rahul and the Indira-Nehru dynasty as such defamation ought to be a civil matter in all elections as in other sound democracies. No body banned personal attacks on Obama when he was a candidate in the last US elections as people have a right to know about the personality, friends, faith, policies, antecedents of political candidates as the voters are those who deserve protection from parting with their mandate through deception or misleading claims.
Tuesday 29 March 2011
Some Wonders of Indian Civilisation
This blog is a work in progress so please bear with me.
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The purpose of this blog is just to provoke thinking-challenge our own thinking with an open mind. I came to the UK in 1996 with the history I was taught about India in tact. Once I began research for my second book I paid a closer attention to some of the stereotypical facts about India in light of several programmes on Indian history.
Just to compare the standard of Indian History taught in Indian schools I bought a travel guide on India. It was shocking to see that the Indian History books written by the so called eminent historians do not even have the academic standing of a travel guide publisher on India.
The travel guide I am talking about is "Eyewitness Travel Guides" by Dorling Kindersley or DK which is part of Penguin and a major supplier of school texts in Britain.
I think every Indian who wants to learn more about India should buy a copy of the DK's Eye Witness Travel Guide on both India and Europe. It has pictorial details on many of the ancient Indian cities, the plan, photos, details of construction and scale legends and myths associated with it.
The drydocks of Lothal - carbon dated to 2500 BC- historical significance. The world's oldest known dry dock proves that Indians had knowledge of navigation and shipbuilding techniques at least 2000 years earlier than the Greeks. Please see the link below;
The Submerged City in Bay of Kambhat- The objects recovered from the site such as a stone slab with mysterious markings probably the earliest form of writing, the submerged city has streets, houses, staircases and temples and is carbon dated to circa 8000 BC. However many vested interests unlike DK and the link below do not want to recognise it as it will make them re-write the World History written for us by the victors. Please see the link below.
http://www.spiritofmaat.com/announce/oldcity.htm
The Ajantha & Ellora Temples- They still call it Cave Temples but the fact of the matter is unlike the pyramids it was carved from top to bottom where the sculptors chiselled through 85,000 cubic meters (about 3 million cubic feet and is believed to be built in 8 century AD. This temple complex is 81 meter by47 meter and does not deserve to be called a cave temple.
The Adilaj Vav- In Gujarat could be called a Step Well or could be called one of the finest pieces of architecture and sculptoring depending upon one's political correctness. Please see the link below. It was built around 1499 AD.
http://www.flickr.com/photos/adityatva/2397366923/
The Brihadhishwara Temple-Built around 1000 AD this temple has an octoganal single piece granite weighing 80 tonnes atop the Vimanah at a height of 66 meters or about 217 ft. The Discovery Channel had a programme on this temple a few years ago- wondering how they managed to lift an 80 tonne object to a height of 217 ft without electricity or crane.
http://en.wikipedia.org/wiki/File:Big_Temple-Temple.jpg
It is many things contained in the DK's Travel Guides on India which might have influenced the world's best brains to extol the relative merits of Indian civilisation and philosophy as illustrated in one of my earlier blogs. Please see the link below.
I tried to add the link for Belur-Halebeedu which is a UNESCO protected heritage but it is not working out. Anyone interested can search Belur-Halebeedu Google images to see the craftsmanship of the amazing architects, artisans and sculptors of this gem of a heritage.
There is more to add to this blog in due course.
Would love to receive your comments, criticisms etc.
Tuesday 22 March 2011
Bill Gates Charity Letter of 2011 Unresolved Issues
I wished there were a section for people to comment on Bill Gates Letter for 2011! With all due respect to Bill Gates (He is an icon for humanity, a philosopher but with wealth, a thinker, an empathetic billionaire and above all a role model for humanity, a revolutionary of Gandhian/Martin Luther King proportions and above all a great human being and I pray God gives us more people like Bill Gates but these are my personal views on Bill Gates and I am not going allow my following views on his 2011 letter.
Therefore with great admiration I dare to criticise Bill Gates on the issues he raised up to the section (Miracles of Vaccines) in his letter as follows;
1. Gate's demand for more AID pledges from the rich countries whilst being an issue ignores the problem of under utilization of AID in many of the developing countries. For instance India is still hoarding about $20 billion in AID received and is paying millions in fines for that according to a report in the Indian media upon which I had responded through Twitter. Under utilization of AID is not a political or legislative issue but plain negligence. If AID recipients are responsible for under utilization of AID then AID givers too could be responsible for lack of monitoring and auditing in a double entry system of accounting. If stakeholder (shareholder) investment were to have been under utilized legitimated questions would have been raised in shareholder meetings.
2. The issues in paragraph 1 above if were left unaddressed could become serious speed breakers and road blocks to the Health & Prosperity goals Bill Gates speaks about. Many charities and foundations set up by visionary "do gooders" often hide under political and legislative reasons not to address the issues in paragraph 1 above. At this moment in time there is only one Bill Gates and the chances of humanity having another Bill Gates in the coming years is very bleak considering the global economic turmoil so what needs to be said has to be said.
3. There is no dispute on the intrinsic merits of increasing AID but only its effective use. Without giving country wide or country specific data I can say that there are charities in certain countries in the West who hoard $120 billion in their charitable foundations some of which could have been collected by showing heart wrenching pictures of poverty, famine, disasters, illiteracy, disease, natural disasters affecting both humans and animals. The humanity expects from Bill Gates to run a charity which is different from all other charities in its reach and healing instead of following the templates of existing charities which were once set up by great humanitarians like Bill Gates himself but in a different decade and age. Institutions do suffer from value erosion like individuals and unless this is dealt with goals will remain as goals either unaccomplished or part accomplished. Eradication of polio and eradication of the depreciation in charity goals therefore assume equal importance. It is conceded the Bill Gates foundation may not be able to indulge in direct political or legislative action where their humanitarian activities in developing countries could be frustrated through such interference or involvement as the case may be. But Bill and Melinda Foundation could not have been banned from funding researches in to such issues. In Kerala, India where I grew up we have saying roughly translated in to English means, "There is no hope for a farmer when even the fence starts eating the crops", "There is no point in filling a leaking pot with water".
4. Bill Gates for me is a philosopher because he knew the intrinsic worth of giving. In Hinduism it is called renunciation. There were Maharajas and emperors in India before Christ like Parikshit, Chandra Gupta and Ashoka who even gave up their Kingdoms to embrace sanyasa or renunciation of all their wealth believing that humanity would follow their path in sorting out human problems. It unfortunately did not happen. Renunciation of these great men became an opportunity for opportunistic men who succeeded them and nothing happened. Humanity was back to square one.
5. I reserve my comments about the Polio Campaign in the USA to another paragraph below
6. It is still a pity that India, Nigeria, Pakistan and Afghanistan have Polio cases. Could it be due to the issues raised in paragraph 1 to 5 above is left to the deliberation of the Bill & Melinda Gates Foundation ("the Foundation")
7. It is wrong to state that people need to be more charitable in an age of charitable excess where no body has a proper figure on the charity lavished on humanity in the past five to six decades involving trillions of dollars more than the founding capital of the Foundation. Yet diseases, poverty, homelessness all come back to haunt us. In the Holy Bible there is the parable of "Widow's Mite" everyone contributed but poverty, disease, homelessness are all still there on our tree screens as if nothing had happened before to sort out these issues. Mahatma Gandhi once said, "Poverty is the Worst Form of Violence" and it is so true even today despite trillions of dollars of over funding of charities. The $720 million short fall for polio eradication projected by the Foundation ought to be seen in this context.
8. It is up to the Foundation to evaluate whether its noble goals of prevention of death and disability due to Polio incidence the four countries are being hampered in any way due to the issues raised in paragraph 1 to 7 above considering the fact that only 1% of the infected develop disability and/or progress to death whilst they can infect others. Eradication of polio is not a quick fix but a sure fix that humanity deserves and the humanity of faceless and voiceless millions are looking up to the Foundation to do something different from the renunciation and charitable empathetic giving that has been going on for centuries. Please also refer to paragraph 4 and 7 above.
9. There cannot be any dispute against the projections of a $50 billion saving from Polio eradication alone but the billion dollar question is what could be the cumulative saving for humanity from solving preventable diseases, deaths, homelessness, joblessness, accidents, negligent health care etc. There are no projections of these eventualities in Bill Gates' letters.
10. The "Resolve and Courage" of leadership in prevention and eradication of Polio referred to in Bill Gates Letter for 2011 is also relevant to the purposes of paragraph 1 to 9 above. The marchers in the "March of Dimes" some 50 years ago in the USA that Bill Gates witnessed had such lofty ideals although they were not as wealthy as Bill Gates or Warren Buffet. In that spirit of "March of Dimes" the citizens of the USA might have donated trillions of dollars in philanthropy to "Save the World/Humanity" and their disadvantaged brethren but it all disappeared in to a vacuum of underperformance and diminishing returns as evidenced by the charity collections going on today. Charity ought to be a stop gap arrangement and not an ad infinitum business venture of charity dependence to save the charities from extinction like the dinosaurs.
11. Humanity and humility as enunciated in Bill Gates' 2011 letter does not mean fatalism even for charitable purposes and the philosophy is the need of the hour. The reduction of Polio spastics of 741 to 41 and 388 to 41 for Nigeria and India whilst being impressive if such a comparative study/auditing is done for the impact of other preventable diseases including those caused through lack of information, awareness, negligence, professional negligence...........then perhaps this world could become a paradise. I know it is naive to think in these lines but you thought in these lines when you dropped out Harvard and presented before the world the "Microsoft"- micro but soft windows for all of us to interact with our brothers and sisters in the wider world. There were days when I wished I were born as your gardener/driver/dustman...............but destiny made me a lawyer with dual qualifications with a heart that can identify with people from my backgrounds.
12. Your points about significant and co-ordinate leadership and resourcefulness I believe could be relevant to paragraphs 1 to 11 above.
13. Your emphasis on empathetic efficiency is the need of the hour and the humanity expects from one of its heroes to deliver the entire hero is spending his own resources for the benefit of the humanity!!! In Kerala, India where I come from even the beggars toss back miniscule alms as it is so insulting to them. I have been a victim of that several times in 2005 when I was with my mother during a vacation from the UK from July to October 2005. I remember watching Bill Gates on NDTV in the company of Narain Murthy of Infosys advising the audience before him besides his global Indian audience, "The World Depends on the USA Getting Certain Things Right" now it is up to Bill Gates to consider whether it is relevant for the humanity to expect certain things for the Bill and Melinda Gates Foundation getting right or are they going to be another Rockefeller and Carnegie Foundations, Oxfams, Green Peaces and millions of other charities who simply trade poverty porn to get donations!!!