Wednesday, 31 July 2013

The role, powers, extent, area, inter se relation, status, even desirability etc of the post of Governor under Constitution is the most controversial question in India to be answered , either legally,or constitutionally or politically or even as an academician- a cannot resist answering this way only.
May be democracy has not worked wonders or 100%,
whether Judgocracy can be the answer?

Friday, 26 July 2013

To aaj ye sikwa ye sikayat na jamane se hoti

Roshni ka hisaab lene ke pahle
diye ka boota koota to hota

Before asking for the accounts of light emitted by the earthen lamp, you should have assessed the capacity thereof

... Diye mein diya the saneh hi kitna
bati mein bat bhi the kitde kam

Please look for yourself, the oil poured by you in the lamp was grossly inadequate, and the wick, it was really weak not properly prepared

(the word saneh carries two fold meaning, love and oil)
(Similarly the word diya connotes the new generation put up through the earthen lamp, the wick symbolizes the training given by us to the newer ones)

Jo na thaki hoti hatheliya tumhari
jo udeli hoti boond saneh ki do aur

had not your palms stopped at that juncture
had you poured a few drops of oil more

To aaj ye sikwa ye sikayat na jamane se hoti
na jhuki ye aankhe aaj tumhari yu hoti
See More
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  • he is mine, he is mine

    Is bhootal par koi subhchintak mera apna hai
    beetey pal , ye do pal,mere apne;
    baki sab kuchh neeragatsapna hai

    Ye someone aloe is my well-wisher on this earth,
    ... time already gone, my past,
    and these moments,that I have
    are my only treasures,
    all the others
    where ever they are
    only dreams
    the never visited
    will never come to me
    my past days
    today itself is only mine
    I wish, I live
    no dreams ,only my those days and thi

    Jirn shirn jab main ho gaya hota hun,
    yogo ki kabra mein jab dab gaya hota hun
    tab
    deemak chati meri satta ko
    dhumil ho rahi meri mahatta ko
    ek yahi hai
    jo aage badh kahta hai

    Shorn of my shine when I am
    buried deep in time when I am
    having lost my splendour
    withered grandeur
    disowned by all
    when my whole self is eaten by termites
    shame is taking away my name an fame
    here he come
    here he come
    claims aloud
    still, proud
    comes forward cries aloud

    Ye, door hato tum sab
    yah to mera apna hai

    Keep away, you fellows
    he is mine, he is mine
  • alag alag khone se kuchh nahi hota
    mil kar khoyenge to khoj lenge ek nayee duniya

    kuchh mein khota hun, kuchh tum khowo,
    pura ek naya sansaar khoj layenge hum

    Human rights and their violation

    Human rights are often violated by persons in power-police, tax people, army, govt offices up to courts and most of its other functionaries, some time even ignorantly, most of the time to show the might of sceptre Most of such violation is not bothered to by most of us giving those in power a definite encouragement

    whether Judgocracy can be the answer?

    May be democracy has not worked wonders or 100%,
    whether Judgocracy can be the answer?

    judge leaders or leader judges

    Do we need judge leaders or leader judges or both in different boxes ?
    Whether judging and leading both are different fields ?

    judge leaders or leader judges

    Do we need judge leaders or leader judges or both in different boxes ?
    Whether judging and leading both are different fields ?

    law has to be carried to masses

    At every cost law has to be carried to masses in their own language understandable to them in the context of their ground realities with a remedial real effective forum within their easy reach, a user friendly remedial system
    Ivory tower citizen Article 32 only is not enough

    Why not my fundamental rights can be protected and enforced at the District level or at still nearer to ground level

    Why not my fundamental rights can be protected and enforced at the District level or at still nearer to ground level

    Why talking about law

    Why talking about law and its shape size and dimension ,describing destination of law is their monopoly- let law be discussed and adhered to by each of us all the time at all places without fear WE THE PEOPLE

    Jus ( Right ) -Stic (stand ) That upholds society is justice

    Jus ( Right ) -Stic (stand ) That upholds society is justice

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law. lAW AND JUSTICE, BOTH MAY BE DIFFERENT

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Law is not always justice and justice is not always law

    Kewal darshak bhaav se dekhne se kaam nahi chalega

    Kewal darshak bhaav se dekhne se kaam nahi chalega, apne charo aur saakshi bhaav se dekho
    ( Be a witness not only a onlooker-a witness has the responsibility , an onlooker sees sans recourse0
     
     
     
     
    Law is not a part of justice, it is a path to justice
    Kewal darshak bhaav se dekhne se kaam nahi chalega, apne charo aur saakshi bhaav se dekho
    ( Be a witness not only a onlooker-a witness has the responsibility , an onlooker sees sans recourse0

    Thursday, 25 July 2013

    Emotion and philosophy- are they my weakness? Why cannot I rely what is , and why I deny deny what is not,
    उन्होंने कहा कि हिंदुस्तान के लोगों में बहुत गुस्सा है।----------

    मैं कहता हूँ---समझने की कोशिश करो कि ऐसा क्यों है।
    अब मैं क्या गुस्सा होना भी छोड़ दूँ।
    शुक्र है मैं गुस्सा भर हो कर रह जाता हूँ
    डरा रहे हो मुझे कि मैं गुस्सा भी ना करूँ
    कहीं ऐसा न हो कि मैं तुम्हें ही छोड़ दूँ

    Wednesday, 24 July 2013

    Crime, corruption , bribery in and out,unaccounted economy- they will never be allowed to be issues,
    These have been the weapons during our freedom struggle.
    So Greatest of all time Mahatma Gandhi appealed that these ways should no longer be in use once the freedom has been achieved and any institution connected these these must be dismantled ,scrapped.
    Our several statutory bodies and professi...onals have another inset definition of Crime, corruption , bribery in and out,unaccounted economy- and these institutions are with, for and never against these and for them these are not issues at all because these are their breads-buttered breads but then the god father of these institutions never allow this to come in public or let the common man know that-- THEY ARE CLASSICAL INTELLECTUALS-CALL THEMSELVES CREAM OF SOCIETY and enjoy statutory powers
    तो अब तो फेसबुक धोबीघाट बन गया।
    फेसबुक ने दो-चार सालों में ही फेसबुक फ्रेन्ड पैदा किये।
    फिर पैदा किये फेसबुक एडिक्टेड।
    कालान्तर में फेसबुकजीवी धरा पर आये।
    फैसबुक लव,वीकनेस आती गई।
    ... इसी तरह आई इसी श्रेणी की प्रतिद्वन्दिता।
    फेसबुक इगो अब देखने को अधिक मिलता है।
    अब जब से पूरानी पीढ़ी भी डरते-डराते फेसबुक पर आ ही गयी तो ऊनके साथ उनका अहं ,उनकी बुद्धिजीविता भि फेसबुक पर दिखती हे।
    उनके पोस्ट पठनीय ही नहीं संग्रहणीय भी होते हैं।
    पर अब उनकी पारस्परिक प्रतिद्वन्दिता, अहं का टकराव, झगड़ा,रगड़ा, रुसना,मुँह फुलाना ,मान मनौव्वल भी फेसबुकपर दिखता है।
    फेसबुक पर अब तो हमारे आपके गन्दे व्यवहार को धोने-धुलाने का रिवाज आम हो चला है।
    मैं अमीबा, बैक्टीरीया, वायरस  आदि नही हूँ कि मुझे माइक्रोस्कोप से देखौ, परखो। मैं पूरा इन्सान हूँ, मुझे आँखों से देखो, दिल, दिमाग और अपने मन से परखों। मशीनो से इन्सान नहीं परखे जा सकते।
     लेबोरेटरी में इन्सान को परखने के लिये या कि समझने के लिये ले जाना महत्वहीन है, इससे बचो।
    मेरी भावना भी समझो। मेरे मन को अपने मन से जानो। 
    भावना में तीब्रता ,गहराई ,आवेग , गति ,दिशा ,गंतब्य  हैं। 
    Politics must not dent nation, system and national value and interest.
     Politicians and all those who wield power either positional or money or related to establishment  must set example by submitting themselves for scrutiny by the same system through which a common man is checked, verified and held accounted for for his omissions and commissions.
    This will raise the relevance ,strength and reliability of the system and those who are enjoying power.
    Do not allow the system to be taken for a ride for your individual gain.
     Basic system, specially the judicial system must be allowed to take its natural flow even if it is painful, some time initiated out of oblique intention against the power-competitors so that the credibility and impartiality of legal process can be shown to be above individual approach or power.
    The loss of credibility in the eyes of the public would undermine  the rule of law which is the basic feature of our constitution.
    Let none, whom so ever he may be ,allowed to exploit the system.
    Let not the society be exposed to risk of loss of credibility and loss of the system itself- loss at both ends.

    Monday, 22 July 2013

    रुमानीयत के लिये सारी जिन्दगी पड़ी है
    फुदकने मे लिये,उड़ने के लिये, हड़बड़ी कैसी
    सावन को, बहारों को, मौज -मस्ती को
    फुरसत में इतमिनान से बुला लिया जायेगा।

    अभी तो जिन्दगी को सज लेने दो,जवाँ तो होने दो,
    जहाँ तहाँ फटी जिन्दगी मिहनत से सी लेने दो,
    जवाँ होने के पहले इस जिन्दगी को पूरा जी लेने दो,
    सजी जिन्दगी रही, फटी न रहे ,तो मेरी मान लेना।



    साठ में आठ का नटखट बचपन चला ही आता है
    पचपन में भी बचपन , नाचता, गाता ,इतराता है
    सत्तर में भी सत्रहवाँ सावन, फगुआ छा ही जाता है।

    जो सम्भल गया सो आगे फूलता फलता ही जाता है।

    रूमानियत के लिये जिन्दगी कब छोटी पड़ी है
    संवारी हो थाम कर जो जिन्दगी, बहार का क्या
    जब बुला लिया दिल से तो कदमों पे सजी खड़ी हे
    फुरसत में इतमिनान से बुला लिया ,बहार आ पड़ी है 
    Those naughty jumps,
    those witty pranks
    Those bunks and plays
    those painting brushes
    and the piece of paper
    wading water,
     those gentle rains
    all have gone
    looked around,
    but in vain
    my paper boat-
    I never got
     I lost
    I have lost


    The childhood poems are lost,
    the pure gaze
    the innocence and the craze
    looking for them
    are they really lost?

    Saturday, 20 July 2013

    Those who chided me because I insisted upon their making some contribution for a school, orphanage, college cycle stand, drinking water at a bus stop, witness shed in a court campus, attendant -shed in a hospital came in a big way with kilos of gold, huge cash gupt (SECRET)donation for big temples, shrines , offered feast for Pujaris with further offerings, but alas my request got only rebukes, scoldings.
    I still go on doing my part without waiting for them. But, then I never visit the Temples.
    I am sad to see this perception about Indian Judiciary or courts. Opaque system, out of reach System, Elite Judges,Never updated infrastructure, outdated house-keeping, created communication gaps , missing information and vested interest-service-provider and above all the caged system pawned to commercial-professionals--- who will come up with a ray of hope, I cannot welcome any abrupt revolution- hope someone from within this system will lead and bring freedom and transparency .
    Evils and Devils are easily available and can be marketed easily with glamour, so these are being propagated, marketed,searched, liked, sold, bought, sought in abundance.
    They have more takers. These  are nicely presented in a tasty way and are marketed vigorously. These carry more imminent satisfaction value.
     इसलिये अच्छाई की चर्चा भी कम, ग्राहक भी कम, मात्रा भी कम, खोज भी कम---- इसिलिये नाचने-बजाने, खेलने-खिलाने, पीने-पिलाने, घूमने-घूमाने को अधिक लाइक और शेयर मिलते हैं--------- गबन , गोदान, सत्य के साथ प्रयोग, भारत की खोज बिके जमाना हो गया--
    We have forgotten the art of selling even a simple hosiery item without threeXXX Ad- the three lads having three -------------- huge posters,
    or that stuff without the words from Dada Saheb Falke Award Winner Star insisting that The baratis should be served that way
    Politicians raise good question,political questions raise good academic , legal, constitutional, social ,economic, environmental questions but those questions are good mental-push-ups for persons who do-not join politics or cannot join political debates but for whom the question raised has several more dimensions away from politicking - Political thought are not always for politics- politics is not everyone's' cup of tea, at-least never mine but  political looking questions have  answers away from politics also. Legal minds explore non-political answers of even political questions. Even our courts have been doing that. Calling any provision of law or constitution by other adjective (QUALIFYING) sparks natural curiosity. But every question cannot be put back to the question poser.

    Friday, 19 July 2013

    हम कहां से कहां आ गए!-------कहाँ जा रहे है-----
    Some speak with an agenda others speak on some subject and a few speak for meaningfulness, mission
    Saner people sing for Maula and never for Sirajuddaulla, Few faithful sing for mission without permission ,never for commission. They have their conviction for utility not for satisfaction without utility.. They stand for fair full faith.
    मुद्दतों बाद तुम मिले हो, 
    जी करता है 
    बस यूँ ही बतियाते रहे
     जिन्दगी भर
     या 
    गुजर जाये यह जिन्दगी
     इन दो पंक्तियों को गुनगुनाते हुए, 
    पता नही यह मेरा इतिहास कह गये हो तुम
    , या
     कि मेरे भूगोल की परिक्रमा कर गये
    , मुझे धो गये,
     खंगाल गयै, 
    जेठ की दुपहरी तेज धूप 
    ,यादों के सहारे सूखने डाल दिया है तुमने
    खोलते, बन्द करते,ढक कर रख देते
    बार बार अपनी ही किस्मत को,
    क्या और क्यों टटोलते हो इधर-उधर
    बन्द आँखों से कुछ मिलने वाला नहीं
    बंधी हुई मुट्ठी मै कुछ नहीं समाता
    इसके लिये पहले मुट्ठी खोलनी पड़ती है
    हथेली एक बार फैलानी पड़ती है
    शरीर की पोर पोर जब टूट चूकि होती है
    लगता है साँस अब छूट चुकी होती है
    तब, पूरी ताकत लगा, निर्ल्लज्ज हो
    फैली हुई हथेली समेट मूट्ठी बना लो
    पकड़ लो समय को,चूक रही साँस को
    किस्मत को नहीं , बस एक और प्रयास को
    देखो किस्मत स्खलित वसना सी
    खुद ब खुद चली आयेगी अभिरास को
    किस्मत दुतकार दिया गया जीव है
    खोजता फिर रहा मिहनत का एक आसरा
    अपमानित हुई नंगी किस्मत भी ढ़ूढ़ती
    प्रण सिद्ध कृष्ण-स्पर्शमुट्ठी बाँधते इन्सान का
    Politics is not only good intention but strategy that requires both resources and opportunity. Politics is not science nor philosophy but warfare without rules . Politics has no history , noroad map . It carves its way ahead if a step is eventually possible.

    from primacy to Supremacy

    Do you think or can we afford to think that India has 30+/- 1 or 2, 3, member continuing constituent assembly , and/or the same strength appointed super parliament or legislative body or do we see a all-power centre to decide everything let what may come that too in the it is being done. Long leave a weak parliament and a coalition executive so that there can be another face of ADM Jabalpur-the other way- from primacy to Supremacy
    How change of guards at a particular place or position is material for the society but for  examinees who are tested for their general knowledge on the basis of informations they have been able to retain iin spite frequent changes of guards although status -quo is the key word around. 
    Let there be changes of guards - that will be individual achievements of them serving their own egos but WE THE PEOPLE shall be only pawns.
    A fisherman from Tamilnadu, or Kerala , A Garo Tribal  can never make up to SC even if his FUNDAMENTAL RIGHTS are robbed million times---
    Long live our PREAMBLE and the JUSTICE- our dream that will perhaps never come true

    A judgement delivered by judge is not the property of the judge

    Judges are social teachers and let the lessons flow out of their judgements based on identifiable pre-determined standards and objective materials.
    A judgement once delivered by the judge is no more the property of judge, now the society owns it , may like it, own it or disown it- any way the judge has no custody any more over the judgement. He can not even defend nor he can criticise. He must watch how his judgement is reared or treated by the society.
    ADM Jabalpur Judgement,- a really condemned judgement-
    Bhopal Gas Interim Compensation judgement by Bhopal D J that cost him his elavation but the finest judgement by a DJ of any Country,

    AOR-collegium Judgement- rewriting Constitution without even arguments heard , matter thrashed,
    Arnit das Judgement for a case
    ,Vodafone Judgement at Bombay and at Delhi, Both master peice Judgements
    and so on, Tehsildar Singh, Hindustan Steel Case, Dharmendra Textile Case,. case, Bachan Singh case. Keshawanand Bharti case,

    cannot you be,why?

    once more
    once more
    yet another step
    still another step
    yawning gaps
    ... mountain heights
    sea depth
    vast sky
    has to be
    bridged
    scaled
    fathomed
    covered
    but for
    another step
    another step
    across the globe
    above the sky cannot you be,why
    once more
    once more
    .....................................

    i 'll never harm

    let your dream
    land on my tiny palm
    swear i
    i 'll never harm

    ... let your song
    land on my lip
    swear I
    I'll never peep

    Let our heart
    see our deeds
    Swear I
    These are the seeds

    see it your self
    deeds 'll grow
    songs 'll dance
    dreams 'll charm------

    swear I
    Trust me
    all have flesh
    all have life
    See More

    i 'll never harm

    let your dream
    land on my tiny palm
    swear i
    i 'll never harm

    ... let your song
    land on my lip
    swear I
    I'll never peep

    Let our heart
    see our deeds
    Swear I
    These are the seeds

    see it your self
    deeds 'll grow
    songs 'll dance
    dreams 'll charm------

    swear I
    Trust me
    all have flesh
    all have life
    See More

    i 'll never harm

    let your dream
    land on my tiny palm
    swear i
    i 'll never harm

    ... let your song
    land on my lip
    swear I
    I'll never peep

    Let our heart
    see our deeds
    Swear I
    These are the seeds

    see it your self
    deeds 'll grow
    songs 'll dance
    dreams 'll charm------

    swear I
    Trust me
    all have flesh
    all have life
    See More

    if I am Trustworthy

    Trust me
    if I am Trustworthy
    love me
    if I am Trustworthy

    ... if not
    play with me
    play with me
    I am not trustworthy

    Love is
    Thirst for trust
    Trust alone
    It is love

    Love me
    only if I am trustworthy
    Otherwise
    I am only play wort

    Grow within to grow

    Grow within to grow
    not for a show

    Throw from within to throw
    not for a show
    ...
    Look within to look
    not for a hook

    weep within to weep
    let it be deep

    smile within to smile
    even for a while

    Walk with me to walk
    I'll never talk

    Ask me , if you can
    I'll never ask
    never
    never
    ask

    Questions?

    Questions are the same
    answers are the same
    You and me
    we are the same
    Centuries past
    ... every thing is the same
    Life is for ever
    Life will ever be the same

    Once again

    Begin again
    sing again
    they 'll
    hear you some day

    ... Call again
    call again
    they 'll
    come to you some day

    Begin again
    say again
    ages never heard
    but they 'll hear some day

    Write again
    once again
    they will
    read it some day
    भाषा , कुछ लिखा, या कुछ विचारा- इनमें से कोई भी शुद्ध रूप से मौलिक हो ही नहीं सकता। जब तक हम कुछ पढ़ने ,लिखने ,बोलने या कि समझने लायक बनते हैं तब तक हमारी मौलिकता पर एक दबाव पहले की भाषा, पहले बोला गया या सुना गया का प्रभाव पड़ चुका होता है। उसे ही हम इस या उस रुप में दोहरा भर देते हैं।
    य़दि कुछ भी पूर्ण रुपेण नया होता है तो न तो हम खुद उसे कह, बोल या लिख-समझ पाते हैं न ही वह संप्रेषणीय रह जाता है।
    उसे संप्रेषित करने के लिये पुनः उसी पुरानी भाषा, शैली, पद्धति का अवलंब लेना ही पड़ता है।
    य़ही बात विचारों के साथ होती है।
    इसी कारण जड़ता आ ही जाती है।
    अपने उपर परिवेश से उत्पन्न इस प्रभाव के कारण स्वत़त्र और मौलिक विचार, भाषा , लेखन और प्रस्तुति अत्यन्त कठिन हो जाती है।
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More

    see it

    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More
    y memory power is not unlimited.
    Even if it is , it is so tuned within ,that it automatically prioritises the inputs.
    I cannot have all that I have learnt or want to learn or do love or want to love retrieve or recollect or recover at one go.
    The recovery will come as per the recollection or storage priority decided by my inner-self most of which is either reflexive or automatic.
    Do not judg...e me by my recollection or recovery key output, it is really jumbled, confusing and would lead you to wild destination.
    Only some time and not always my input key is under my control.
    I intake, receive and inhale most of the time involuntarily, without filtering or scanning even from unknown sources.
    I need to fine-tune my rejection key and make it faster, and equip myself with such additional capability so that I can filter and identify rapidly on value based parameters the worth of every input coming to me .
    See More
    No way out.
    The writing on the wall is clear---reform--if we don't do it ourselves someone else will do it.
    Reform or perish.
    मेघदूतम्,कुमारसंभवम्, सोलितरी रीपर या फिल्मी प्रणय-गीत
    हुस्न, हसीन, हसीना, चाँद, शमा,परवाना, ये सब जायेंगें बीत।

    भ्रम या स्वप्न नहीं, न कल्पना -कामना से होती है कभी जीत
    व्रण व्रत करें धारण,प्रण करें, बन सकें तो बने प्रण-प्रयाण-मीत।
    ...
    पर्व श्रृंगार के फिर आयेंगैं ,बसंत-बहार-सावन नहीं भाग जायेंगै
    महोत्सव निर्माण -महाप्रयाण के, आ गये हैं तो भाग जाग जायेंगें।

    रच डालो गीत विध्वंस के ,नई रचना के लिये रचो नया संगीत
    नूतन को दे देना है नूतन, प्रणय के शब्दों से ही रचो प्रयाण गीत
    मेघदूतम्,कुमारसंभवम्, सोलितरी रीपर या फिल्मी प्रणय-गीत
    हुस्न, हसीन, हसीना, चाँद, शमा,परवाना, ये सब जायेंगें बीत।

    भ्रम या स्वप्न नहीं, न कल्पना -कामना से होती है कभी जीत
    व्रण व्रत करें धारण,प्रण करें, बन सकें तो बने प्रण-प्रयाण-मीत।
    ...
    पर्व श्रृंगार के फिर आयेंगैं ,बसंत-बहार-सावन नहीं भाग जायेंगै
    महोत्सव निर्माण -महाप्रयाण के, आ गये हैं तो भाग जाग जायेंगें।

    रच डालो गीत विध्वंस के ,नई रचना के लिये रचो नया संगीत
    नूतन को दे देना है नूतन, प्रणय के शब्दों से ही रचो प्रयाण गीत
    To walk along or not-choice is yours
    Only I am responsible for
    What
    Why
    When
    How
    Where
    -------I endure ( मै क्या बरदास्त करता हूँ,क्यों, कब, कैसे, कहाँ)
    Trust the next generation and let them face tomorrow themselves,.
    Stop spoon-feeding after a stage, stop decidedly.
    Don't resume even if your heart cries.
    Let them learn to fight and survive to grow.
    That is the real lesson and help for them,
    Let them grow independently .
    Let them know that your love, care and help is no more available to them as a matter of right or courtesy or may be never.
    Every news of theft , moral turpitude having been brought to public gaze sends two messages-

    Thanks god, I have been spared
    and
    Only god saved me other wise I would have been the victim or accused
    . because
    both possibilities are very much present and I deserve to be booked both ways.
    May be you are different.

    Thursday, 18 July 2013

    Judiciary is there to examine bonafides and malafides and are not bare litho-press to print and reprint black or coloured words of law.
    Justice is that which helps the society in standing right and firm ( Just- Stick) and a Judge has a duty to secure Justice - (good intent). Good intent should be valid defence for one and all and if it is good for society , in the interest of society the judicial system must come forward to save it, just the way the same judicial system pulls some policy decision because it is not having good intent or against public interest.
    Sir, same is the situation here with me ,him and you- we all are short sighted, self centred and going only by words and not by intent. Good intent must be protected, preserved and if possible legalised.
    I am reminded of a Judgement when the SC , USA held the law of slavery abolition unconstitutional on the premises that under US constitution no citizen can be deprived of his property and the Judge held that slave is a property to be owned and transacted. The poor judge lost sight of the basic law that Slave is a human being and not a commodity . That poor judge- Civil war followed and huge loss of human-life-- only because the judge read only the words of law and not the word of justice for which the judge is always there.
    Whether this is ideal judging or this is an example of peripheral judging. Is it incomplete judging. Is it judging sans-recourse. What is the use of giving a judgement without taking note of intent.
    Why law cannot take cognisance of good intent in a govt. policy decision and uphold it due to its fair intention.
    Why law without good intent or a policy decision though as per good law but with a ulterior intent is negated.
    Why fair intent is not a real defence even in policy-decisions.
    Why courts do not encourage healthy decisions with good intent.
    Laws are in abundance but good intent is rare, let us rise to save good intent, healthy practice and transparent governance
    But the judgement took away a healthy good intent step just as another judgwment took away 122 licences for bad intent,,. Why good intent could not be saved when even the sale of acid is regulated by the apex body

    Whether someone is failing?
    Judiciary is there to examine bonafides and malafides and are not bare litho-press to print and reprint black or coloured words of law.
    Justice is that which helps the society in standing right and firm ( Just- Stick) and a Judge has a duty to secure Justice  - (good intent). Good intent should be valid defence for one and all and if it is good for society , in the interest of society the judicial system must come forward to save it, just the way the same judicial system pulls some policy decision because it is not having good intent or against public interest.

    Save good intent only

    Why law cannot take cognisance of good intent in  a govt. policy decision and uphold it due to its fair intention.
    Why law without good intent or a policy decision though as per good law but with a ulterior intent is negated.
    Why fair intent is not a real defence even in policy-decisions.
    Why courts  do not encourage healthy decisions with  good intent.
    Laws are in abundance but good intent is rare, let us rise to save good intent, healthy practice and transparent governance.

    Wednesday, 17 July 2013

    अकेले क्यों खड़े हो
    कब से अपलक खड़े
    यूँ क्यों अड़े हो

    अकेला चल लेना
    तो तब भी सहज है
    पर आकेला खडा रहना

    चुपचाप यूँ खड़ा रहना
    कुछ भी नहीं कहना
    ... निर्विकार साक्षी तुम हो

    विष का पान सहज है
    त्रिभुवन-ताण्डव सहज
    एकाकी-निर्विकार तुम हो

    आविचल कैसे रहते हो
    अविरल कैसे रहते हो
    इतने थिर-धिर तुम हो

    बंधी सांस आँख खुली
    तब भी निःशब्द पड़े 
    चढ़े, बढ़े,लड़े तुम हो

    सहित्य का उपज हो हो ही नहीं सकता

    भ्रम, भ्रान्ति और भय
    केवल भटकाव
    सहित्य का उपज हो
    हो ही नहीं सकता

    कुन्ठा से उपजा शब्दजाल्
    विकृति पसारता
    सहित्य की उपज हो
    हो ही नहीं सकता

    कितना भी सुन्दर शब्द
    ,छन्द,बन्ध नीरा
    सहित्य की उपज हो
    हो ही नहीं सकता

    सर्वांग -गठित कविता हो तो भी
    विकार और प्रतिकार
    सहित्य की उपज हो
    हो ही नहीं सकता

    मंच ,बाजार, व्यवहार
    व्यभिचार आधारित है तो
    सहित्य का उपज हो
    हो ही नहीं सकता
    सहित्य का उपज हो
    हो ही नहीं सकता

    When we erred , we blundered-- if we forget ?

     
    Nations which do not remember their immediate are in danger of repeating their tragic mistakes. This thought came to me on June 26th, 2013 (the Emergency day of 1975) when on random questioning of age group of 35 in the country (who are said to make up about half the population) I found that most of them did not know of any particular significance of the day - and more tragic, fairly large number of people above the age of 35 fared no better.

    The reason was obvious. Most of the population get their information from newspapers, which with commercial angle in view never fail to remind us of Valentine's day. But on 26th June, the newspapers did not even have a small news item in their paper - leave apart on the front page. Even many opposition parties which were the victims of Emergency chose to keep low key. Even though PUCL and other civil liberties organizations held protest meetings as usual, but news TV and newspapers avoided any mention, overwhelmed as they are with the government's neo-liberal policies. Or is it a sense of fear because the perpetrator of Emergency was the ruling party - so much for freedom of press.

    It was the day when India lost its democracy. The US President sarcastically boasted that USA was now the largest democracy. It is a different matter that thankfully, because of the sacrifices made by the Indian people under the inspiring leadership of Jai Prakash Narain (J.P.), the boast of USA President was to end, but only after 18 months.

    The wounds have remained - the danger of it being repeated in the same manner may have been eliminated but a clearly concealed kind of version by the government in using the various security legislations against human rights activist and trade unionists continues to haunt us.

    Question is often asked how come emergency could happen notwithstanding our constitution giving us all the fundamental rights and democracy being a basic feature of constitution as so refreshingly held in Kesavananda Bharati case as far back in 1973 by our Supreme Court.

    It is not that there was no resistance to the Emergency. Thousands went to jail, including former central ministers, chief ministers, governors, lawyers, legislators and a few brave journalists. Many human rights activists went underground but there is a limit to which unarmed people can fight an intolerant and a near fascist state which India had become those days. Complete fear had enveloped the country. And all this because rule of law had completely been eliminated by the Supreme Court Ruling in ADM Jabalpur case (April 1976), which overruled the view of nine High Courts that the legality of detaining order passed by the governments could still be examined - in fact in some cases the High Courts had ordered release of detenues. Had this view been upheld, emergency would have collapsed. But to our shame the Supreme Court by a majority of 4 judges against one honourable exception (Khanna J.) laid down a proposition of law, which forever will remain a hall mark of shame:

    "In view of the Presidential Order dated June 27, 1975 no person has any locus standi to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the round that the order is not under or in compliance with the Act or is illegal or is vitiated by mala fides factual or legal or is based on extraneous considerations."

    Is it not obvious that Emergency could not be fought in a legal and democratic manner because the Supreme Court accepted Attorney General's argument that if a policeman under orders of his superior was to shoot a person or even arrest a Supreme Court judge, it would be legal and no relief available. Naturally, in this situation, no peaceful opposition to Emergency could continue. I am shocked how the majority decision could rely on Liversidge Vs. Anderson given during wartime in 1942 by House of Lords, but with a (memorable dissent by Lord Atkin) when English Courts subsequently felt so ashamed of that decision that a conscious effort was made to throw that decision in to a dung heap.

    Lord Akin caustically remarked about judges who "show themselves more executive minded than the executive' and commented that such, arguments which might have been addressed acceptably to the Court of King's Bench in the time of Charies-I'. In fact Justice Stable a Judge of High Court London was so upset to say that the status of Judiciary had been reduced "to mice squeaking under a chair in the Home office".

    In 1963 Lord Radcliff (HL) referred dismissively to the very peculiar case in Liversidge Vs. Anderson and said "it should be confined apparently to a war time context and that it is already clear that the decision was regarded as an aberration".

    All this trenchant criticism of Liversidge was available in various law quarterly reviews since the beginning. Law Quarterly Review (1970) clearly spelled out how embarrassing the decision in Liversidge was becoming for English judiciary. That is why Lord Diplock (HL) in 1979 was constrained to rule, "For my part" I think the time has come to acknowledge openly that the majority view in Liversidge Vs. Anderson were expediently and, at that time, wrong and the dissenting judgment right". And Lord Scarman laid final demise by saying that "the ghost of that decision need no longer haunt the law".

    Some commentators have ironically described majority in Liversidge case as the court's contribution to the war effort of England - similarly many in this country are inclined to describe majority in Jabalpur case as Supreme Courts contribution to the continuance of 1975 Emergency. Had Supreme Court taken the same view as 9 High Courts, the emergency would have collapsed immediately, because no court could possibly have upheld the detention of stalwarts and patriots like Jayaprakash Narayan Ji, Morarji Desai, Raj Narain, George Fernandes, Madhu Limaya and thousands of others on the ground that they were a danger to the security of the country. The inevitable result would have been the immediate release of these leaders leading to overwhelming opposition movement which would have swept away Indira Gandhi government by mid 1976. Alas, how sometime fate of nations can be influenced by the pusillanimity of a few individuals - in this case embarrassingly by the highest judiciary which it can never live down



    Quoted- Courtesy J R Sachar ( Retd)