A question of public importance

Legal Advisor to a MEGA MNC

U.P DIG Forcibly sent to a lunatic asylum by Mayawati for exposing corruption caused by Mayawati

 

Dear Experts,

I have a question of Public and human importance:

1.       Was the DIG of U.P state suffering from bipolar mental disorder?

2.       Someone claiming to a doctor treating him told on the T.V that the official was insane[As told by a IG of that state to me].

3.       Can the government forcibly send a senior police officer to a Lunatic Asylum with the so called doctor giving a T.V statement as an after  thought?

4.       Why did wife not get a medical board constituted if the her DIG husband was mentally imbalanced? Why did the doctor “treating him” not advise the wife for the Constitution of a Medical Board?

5.       Assuming the medical board had been Constituted and found the DIG mentally imbalanced, then can the government forcibly send her official to a lunatic asylum for exposing corruption or threat to expose corruption ,just on the T.V coverage of the so called Doctor very much against the Mental Health Act?

6.       The whole world knows[WIKILEAKS AND OTHERWISE]that this horrid lady viz Mayawati ,a law graduate is notoriously corrupt but less than Manmohan Singh Inc. Was sending a top police official  to a lunatic asylum justified just because he talked of exposing corruption in your country?

7.       Can an adverse finding by a medical board if the person charged with insanity does not appear before the board require that that person especially a Top Cop be forcibly sent to lunatic asylum?

8.       Is whistleblowing an act of insanity?

SOME FACTS DUG OUT ABOUT Manmohan Singh’s atrocious past and present behaviour

1.       In 1994 Manmohan Singh was transferring  Millions of dollars into Rajiv Gandhi most illegally and against the public interest. One senior Income  lady Tax officer named Jyanthi Aiyer objected to it and Manmohan Singh terminated her services and after declaring her insane caused her disappearance.

2.       More recently a Senior lady official of your R.AW [Some Ms. Bhatia] was declared insane  by Manmohan Singh and was sacked for Whistleblowing.

WHATS GOING ON IN THIS COUNTRY AND HOW PEOPLE AND THE EDUCATED “ELITE” TOLERATING THIS GOVERNMENT’S IMPUNITY?


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POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY


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I have a question of Public and human importance:

The words "public importance" or "human importance" do not exist in the dictionary of rulers. They have to be reminded of these words by people from time to time.


"What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance?" --Thomas Jefferson


WHATS GOING ON IN THIS COUNTRY AND HOW PEOPLE AND THE EDUCATED “ELITE” TOLERATING THIS GOVERNMENT’S IMPUNITY?

What can people do when they allow the state to accumalate more power than the people have? This is the exact pathetic situation that builds up. It is for exactly this reason that the 2nd Amendment was enacted in the US Constitution.

 

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." - Second Amendment to the U.S. Constitution


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Legal Advisor to a MEGA MNC

Democratic Indian: What amazes me that why can't people be given the right to bear arms freely?Whats the whole point of Right to Self defense? Terorists like Kssab are given Royal Treatment by govt and courts[SC especially] . Its really amazing. Not only US but the entire western world follows the general principles of free availability of arms. In fact the Constitution is being thouroghly abused.

 
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Legal Advisor to a MEGA MNC

...Further there's always an end to bad things and I'm sure matters will change for the better.

 
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Advocate

Right of private defence is embeded under IPC, but what can a mortal man do with bare hands when gundas and terrorist are free to roam about with AK47? US historic 2nd Amendment was initiated as their founding fathers were fully aware of the near future scenario, and the Birtishers during their colonial times were scared of arming the Peopele of India of Revolution and banned it.  

 
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Advocate

 

This Court in Pawan Kumar Jha Vs. State of U.P. and others, 2010(10) ADJ 782 has held that undue restriction on keeping and bearing arms ought not be based on unfounded fear. Licence is normally to be granted unless there is something adverse.

7. A fire arm licence cannot be denied only on conjectures and surmises and without appreciating the objective of statute under which the power is being exercised. Right to life and liberty which includes within its ambit right of security and safety of a person and taking, adopting and pursuing such means as are necessary for such safety and security, is a fundamental right of every person. Keeping a fire arm for the purpose of personal safety and security is a mode and manner of protection of oneself and enjoyment of fundamental right of life and liberty under Article 21 of the Constitution. In the interest of maintenance of law and order certain reasonable restrictions have been imposed on such right but that would not make the fundamental right itself to be dependant on the vagaries of executive authorities. It is not a kind of privilege being granted by Government to individual but only to the extent where grant of fire arm licence to an individual would demonstratively prejudice or adversely affect the maintenance of law and order including peace and tranquility in the society, ordinarily such right shall not be denied. It is in these circumstances, this Court has observed that grant of fire arm licence ordinarily be an action and denial an exception. In Vinod Kumar Shukla Vs. State of U.P. and others, (Writ Petition No. 38645 of 2011), decided on 15.07.2011 this Court has said:

"When a fire arm licence is granted for personal safety and security it does not mean that in the family consisting of several persons only one fire arm licence is to be granted. Moreover, this cannot be a reason for denial of arm licence. Fire arm licence can be denied only if the reason assigned by applicant or details given by him in application are not found to be correct but merely because there are one fire arm licence already possessed by one of the family member, the same cannot be denied. Grant of fire arm licence should ordinarily be an action and denial should be an exception. The approach of authorities below is clearly arbitrary and illegal. It also lacks purpose and objective of the statute."

8. The authorities empowered to grant licence under the Act ought not to behave as if they are part of the old British sovereignty and the applicant is a pity subject whose every demand deserved to be crushed on one or the other pretext. The requirement of an Indian citizen governed by rule of law under the Indian Constitution deserved to be considered with greater respect and honour. The authorities thus shall have considered the requirement of applicant with more pragmatic and practical approach. Unless they find that in the garb of safety and security, applicant in fact intend to use the weapon by obtaining a licence for a purpose other than self defence, it ought not to have been denied such licence. I am not putting the statutory power of authority concerned in a compartment since there may be more than one reasons for exercising statutory discretion against applicant but then that must justify in the context of purpose and objective of statute and necessarily ought not be whimsical. the writ petition is allowed.

 

(ALLAHBAD HC Case :WRIT C No. 49301 of 2011  :AjayKumar Gupta V :State Of U.P. And OthersOrder Date :29.8.2011)

 
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The above complete judgment can be read at http://www.lawyersclubindia.com/forum/Allahabad-high-court-says-rkba-part-of-article-21-44153.asp


It is not only Article 21 but also Article 19 that clearly acknowledges the presence of arms as fundamental right under itself. I have tried to explain this at http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp


In light of these facts, if one applies mind to analyze Arms Act 1959, besides being violative of other Articles of the Constitution, is also violative of Article 20(3) against self incrimination. A similar case was decided by US Supreme Court in HAYNES vs UNITED STATES, 390 U.S. 85 (1968). Judgment can be read at http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85 The judgment is also discussed in layman's language at http://www.nraila.org/Issues/Articles/Read.aspx?id=22&issue=006

 
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Eye Specialist

Now   in  this   DIG"s   case....The  Doctor  should  be  interogated   regarding   Bipolar  Mental  Disorder.  The   Doctor  should  be  prosecuted  by  the  DIG"s  wife  as  per  Law  of  the  Land.

 
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