Upgrad LLM

a note on how to keep anarchy at bay

Adv P & H High Court Chandigarh

Two secrets have decided to stay secret. Kim Davy, the alleged mastermind of the Purulia arms drop, will not suffer the rigors of Kolkata's jails, and we shall never know who was the end user of the tonnes of military hardware he unloaded on startled villagers in 1995. And an exhausted Kapil Sibal has declared that the government shall never again involve civil society in drafting legislation. It will remain an exercise conducted behind closed doors leading off from the corridors of power.

 

Two months ago, Davy deposed that the drop was conducted to destabilise West Bengal's Marxist government, with the blessings of the Centre. That's not completely incredible, but it doesn't matter any more. The CPI(M)'s dadagiri has bowed out to Didigiri. And the Ananda Marg, for whom Davy is believed to have conducted the drop, is now an obscure organisation. In 2011, 16 years after the event, Davy can keep his secret.

 

But what about the government's decision to keep the drafting of law private? Kapil Sibal's impatience is understandable. His government keeps throwing him at whatever is making the noisiest trouble. Perhaps they think, "Lawyer hai, argue kar lega." He'll run rings around the slogan-wallahs by hook or by crook. But sometimes, they run him right out of the ring.

 

Like on the closing night of Ramdevlila, when a sarkari Ravanlila broke up the yoga entrepreneur's Barmecide's feast at Delhi's Ramlila grounds. It took the circus flavour out of the movement for a meaningful Lokpal Bill, but it also harmed the government's image by suggesting that it was desperate to hide something.

 

The activists' movement has featured many absurdities, but it has succeeded in forcing the government to address an issue which it evaded for decades. It's now being seen as anarchy, as usurpation of legislative powers. But equally, when no one in authority listens, when decisions are perceived to be taken behind closed doors, the door to anarchy is rightfully opened.

 

Last Sunday, the hacktivist group Lulz Security disbanded after an anarchic 50-day riot at the public expense. On political grounds, it had attacked targets ranging from the US Senate, Sony and police servers to p*rnography peddlers and outed the personal data of lakhs of people. When it was gone, there was relief. Also, an eerie sense of loss. Globally, attitudes to public participation in policymaking changed after the invasion of Iraq, which millions opposed. No one listened and when WikiLeaks exposed the ugly reality of war the hacker, formerly regarded as a troublesome anarchist, was transmuted into a white knight. Something similar is happening with the lokpal bill. The popular demand for anti-corruption law was held off until someone hacked the government system and got in.

 

If Sibal finds civil society difficult to manage, there is an alternative  —  directly involving the people. The government has invited public comments on some bills, like legislation for the National Identification Authority of India, before they went to Parliament. But did it act on the response? It's not clear. If the government consults the public while drafting bills and responds explicitly to suggestions, a compromise could be struck. It's necessary to break the present impasse. Because if the public wants a say and the government won't listen, anarchy must follow.


Total likes : 2 times

 
Reply   
 
FIN

Sir,

Well said. Your comments are crisp and meaningful.

Let us strive and hope something tangible and prudent shall happen.

 
Reply   
 


FIN

Sir,

Well said. Your comments are crisp and meaningful.

Let us strive and hope something tangible and prudent shall happen.

 
Reply   
 

"When injustice becomes law, then Rebellion becomes duty!"-Thomas Jefferson

 

The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.  It is its natural manure.  ~Thomas Jefferson

 

"Those who make peaceful revolution impossible, make violent revolution inevitable" - John F. Kennedy

 

‘‘To preserve liberty, it is essential that the whole body of people always possess arms, and be taught alike, especially when young, how to use them...’’— Richard Henry Lee, 1787

 


A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.”~George Washington

 

Firearms stand next in importance to the Constitution itself. They are the American people’s liberty teeth and keystone under independence. The church, the plow, the prairie wagon, and citizen’s firearms are indelibly related. From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to insure peace, security and happiness, the rifle and the pistol are equally indispensable. Every corner of this land knows firearms, and more than 99.99% of them by their silence indicate they are in safe and sane hands. The very atmosphere of firearms anywhere and everywhere restrains evil interference; they deserve a place with all that’s good. When firearms go, all goes; we need them every hour.”-George Washington

 

Do not let your Fundamental of Fundamental Rights the Right to Keep and Bear Arms to be subverted under any colour or pretext http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp


Total likes : 2 times

 
Reply   
 
self employed

Transparency changes the world. When people know, they act. it started with Wikileaks in America, with RTI Act in India and with facebook in Egypt. 


Total likes : 1 times

 
Reply   
 
FIN

-Recently courts of law have also commented every citizen should have firearms for their protection.

The situation was to keep firearm, license is required, and process is tedious.

Sifarish Chahiye.

-Tenth Sikh Guru Shri Guru Gobinf Singh Ji also conveyed that if you are not able to get the justice with peaceful manners, raising the sword is just.

-In Israel, military training and serving is must.

See how a small community and country has achieved self reliance, and precision in their pursuits.

Arid zone farming, intelligence, Trans border operations etc are a few of them.

Whereas during the kargil war also the military commanders wanted a surgical operation, which could end the problem, but the politician had neither  will, nor guts, nor wisdom, with the result death of innocent soldiers and officers.

Had it been Israel…..

-Lokpal Bill draft suggested by Anna is another tool of freedom for people.

See how uncomfrtable those in the chair are, with the draft, and have shamelessly termed that this shall give rise to a parallel government. Whereas, will  the bill , governance for a common citizen can become a reality.

It is time to join and unite, again.


Total likes : 1 times

 
Reply   
 

"-Recently courts of law have also commented every citizen should have firearms for their protection."

There have been plenty of judgments by courts but they have no effect on bureacrats.


"The situation was to keep firearm, license is required, and process is tedious. Sifarish Chahiye."

The real game that has been played is that the fact that Right to Keep and Bear Arms is a fundamental right under Articles 19 and 21 of Constitution has been cleverly kept hidden from people. I have tried to explain this at http://www.lawyersclubindia.com/forum/RKBA-guaranteed-under-Articles-19-and-21-of-Constitution-36011.asp

Moreover various sections of Arms Act 1959 are ultra vires and suffering from vice of over delegation. Practically either you are "something" or if you are "ordinary" citizen than approach High Court to get a writ issued in your favour to get "license". Approaching High Court costs time and money hence most of the applicants give up. This is the real game being played to deny arms licenses. Another game that has been played by government to place import of firearms under restricted list of import policy on one hand and created monopoly of IOF on another hand. Result is that the firearms in legal market are priced well beyond the reach of citizens and on other hand illegal firearms for criminals are avialable at the fraction of the cost.



"-Tenth Sikh Guru Shri Guru Gobinf Singh Ji also conveyed that if you are not able to get the justice with peaceful manners, raising the sword is just."

It was said in the Zafarnama, comprising 112 couplets, was written in Persian by Guru Gobind Singh and it was addressed to Emperor Aurangzeb, mainly as a call to start an armed struggle against the injustice of Mughals and to change the course of history in northern India.

CHUN KAR AZ HAMEH HEELAT-E DAR GUZASHT
HALAL AST BURDAN B-SHAMSHIR DAST

Above when translated in English it would mean:
"When all the stratagem employed for (solving) a problem are exhausted,
(only) then taking your hand to the sword is legitimate."



"See how uncomfrtable those in the chair are, with the draft, and have shamelessly termed that this shall give rise to a parallel government. Whereas, will  the bill , governance for a common citizen can become a reality."

They are not uncomfortable but are playing games with the people. This is why there is 2nd Amendment in US Constitution so that if rulers refuse to listen, subvert the democracy, people can use the last option. In other words the real and ultimate power lies with people not just hypothetically on papers but in reality also.

The founders of US Constitution were no fools but were much more smarter and honest for their people than writers of Indian Constitution when they wrote the following in 2nd Amendment to 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."


What is the militia? It is the whole people, except for a few public officials. To disarm the people is the best and most effectual way to enslave them. You can do anything, yes you can do anything with disarmed people.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x