A question of public importance

POWER CORRUPTS AND ABSOLUTE POWER CORRUPTS ABSOLUTELY

Thats Lord Acton:

Heres another one:

It is said that power corrupts, but actually it's more true that power attracts the corruptible. The sane are usually attracted by other things than power.

David Brin  (1950 - )

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

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.

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

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.  

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)

The above complete judgment can be read at https://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 https://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 https://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=390&invol=85 The judgment is also discussed in layman's language at https://www.nraila.org/Issues/Articles/Read.aspx?id=22&issue=006

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.

The Hon’ble Chief Justice,

 Supreme Court of India,

 New Delhi.

Sir,

 MOSHROOMING GROWTH IN CORRUPTION: MAYAWATI GOVERNMENT IN UP

I have come to know  that a  Uttar Pradesh IPS officer DIG Devendra Dutt Mishra who dared to speak out against corruption in his Fire Services department, and said some unpleasant things about the government to media persons has virtually been declared “mentally unstable” on the basis of a report prepared by psychiatrists.

DIG Devendra Dutt Mishra, has been forcibly admitted to the Trauma Centre of the Chhatrapati Shahuji Maharaj Medical University (CSSMU) here, and has been further charged with violating the Service Conduct Rules.

Further it has been reported that an inquiry launched by the government on Saturday will look into all his allegations, including on the death of senior IAS officer Harminder Raj Singh in 2009. Mr. Mishra had said that Mr. Singh did not commit suicide, but was murdered. Principal Secretary (Home) Kunwar Fateh Bahadur said the probe would be headed by Atul Kumar, Director-General, Anti-Corruption Organisation. Action would be taken against the 1992 batch IPS officer only after the inquiry report was submitted.  

Mr. Bahadur said the DIG  was examined by a team of senior doctors from government hospitals and Mr. Dalal, Head of the Department of Psychiatry of the CSMMU. “Mr. Mishra has been suffering from a ‘bipolar episodic disorder' with the current episode related to mania without psychotic disturbance.”  

On Friday, as was the normal practice, Mr. Mishra came to his office at around 11 a.m. and when a file on fire incidents was sent to him, the noting he made created a flutter in the department. The DIG wrote, “Everything in the Uttar Pradesh government was illegal and corrupt. This is the biggest scam.” He also jotted down remarks on corruption in purchase of fire tenders and other equipment. Soon, the building was blocked by police personnel and access barred; THE DIG WAS NOT ALLOWED TO MOVE OUT.

Finally around 10 p.m., the DIG was physically removed from his office by policemen, taken down the lift, pushed into his official car and forcibly admitted to the hospital. Your kind honour may also refer to the news item and public comments on the web at-                                                                                 . https://www.thehindu.com/news/national/article2601839.ece

I feel this is a fit case of violation of human rights coupled with corruption for taking cognizance & intervention by your kind honour. The following pertinent questions crop up in this matter of public importance:-

1.     Was Mr. Devendra Dutt Mishra, DIG of U.P state suffering from bipolar mental disorder, or has he  been made a bipolar mental forcibly by use of some external and induced treatment?

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

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.     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 the sin of 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?

5.     Was sending a top police official to a lunatic asylum justified just because he talked of exposing corruption?

6.     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?

7.     Is whistleblowing an act of insanity?

In view of the facts above you are requested humbly to direct movement, in the interest of justice, of Uttar Pradesh IPS officer DIG Sh. Devendra Dutt Mishra to AIIMS, New Delhi and then order an independent and separate inquiry into the charges of corruption labeled against UP Government as well as the story of depletion of mental health of the said DIG. A medical board comprising Doctors from AIIMS be constituted for the purpose.  

With regards,

Yours truly,

Mani Ram Sharma                                                            07.11.11

Behind Roadways Depot

Sardarshahar -331 403

Distt. Chru( Raj)

Standards of Indian polity have eroded.Indian politicians are eager to build their empires and rule for ever completely throwing the democratic and constitutional rights of people to wind.There is no possibility of chage without a great revolution after 60 years of independence in the country.People of India well understand the political stunts of rulers and politicians but still muster no courage to throw them away by exercising democratic and constitutional rights.

 AWAKE,  AWARE AND ARISE.

Standards of Indian polity have eroded.Indian politicians are eager to build their empires and rule for ever completely throwing the democratic and constitutional rights of people to wind.There is no possibility of change without a great revolution after 60 years of independence in the country.People of India well understand the political stunts of rulers and politicians but still muster no courage to throw them away by exercising democratic and constitutional rights.

 AWAKE,  AWARE AND ARISE.

Book the doctor and then he'll speak. Since its a political case file a transfer petition[Cri].

Pitch Mayawati Vs Sonia Gandhi. Black Versus White. It'll be an interesting ONE DAY INININGS!