WE THE PEOPLE

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yogesh saxena

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Aug 2, 2008, 11:50:33 AM8/2/08
to Indian Advocates Group
WE THE PEOPLE

Conquest of India buys nothing of any natural superiority on the part
of conquerors, but it is due to lack of character and indiscipline in
Indians, who were subjected by exploiting the spirits with division
and jealousies between fellow citizens. It is difficult and impossible
to conquer a Nation having intelligent approach, different religions
and language form its invaders. Spain could not be able to conquer.
Dutch province with their petty population remained unfallable. The
same is the glory with Switzerland and Greeks in old ages. Israel and
Vietnam are the recent examples of solidarity. India on the other hand
was conquered by an Army consisting of its own inhabitants and a small
fraction of 1/5th Army at the average of these invaders. Thus India
can hardly be said to had been conquered at all by the foreign
invaders, she was rather conquered herself. The truth is that there is
no India in political and scarcely in any other sense. It is a
Geographical expression. The invaders had subjugated and abrogated the
resource of this country due to its weakness. They have adopted the
policy of “Divide and Rule”.
Alexander invaded the country and defeated King Porus with the help of
Indian rulers. Since the time of rise of Mahmood Ghazni a steady of
invasion has poured in India. The tie of Nationality has now been
broken resulting the integrity and jeopardise the national disrespect
towards the existing system which our politicians have borrowed in
succession from the wake of partition. British’s have derived a system
based on two Nation theory, but Mr. Nehru in order to gain the
political superiority had accepted the same and be fooled the Nation
bylaming Mr. Jinnah who was actually aspirant to get the electorate
representation of Muslims in proportionate on theory of Fundamental
principle that we are all citizens and equal rights to them be given
to rule the Nation. The objective to attain freedom and to remove
social evil in the society fermented hatred and discord through
communal politics. The freedom has become tainted with a permanent
gulf between Hindus and Muslims. The feeling of love peace and harmony
in the name of God and religions has ultimate outcome of sudden and
radical change which has diversified effect and impact on religious
fenaims of Muslims and Hindus. The political game of British’s has
succeeded in high pitch of communal frenzy. The fate of real victims
has been forgotten. Now the communal hatred, madness and barbarism had
its free hand both in Pakistan and in India.
We fought the battle against the crusaders of independents like Neta
ji Subhash Chandra Bose who sacrificed has life for independence. He
was subjected to humiliations even after electing as president of
National Congress after defeating Gandhi ji in 1939 due to nefarious
planning of aspirant politicians to ruin the Nation. Churchill has
characterised Indians as primitive due to such disgraceful anti
National feelings. The historical change in the process of accession
of Nation by the British’s was due to such shameful characteristics of
the opportunists. Since the time of acquiring power by Bahadur Shah
Zafar in 1837, the British’s have always recognised him as their
emperor from the time of Lord Aukland upto the period of George
Allenbro, but Lord Hasting then Governor General had diverted from
maintaining such Traditional resumplance of his Majesty and Dynasty
and wrote a confidential letter to his Ambassador Metkaph stating that
the emperor Grace and his authenticity command has now vanished and
the grace of Emperor which embraces the proud of identifying him with
Taimur dynasty is on more in existence. The gifts which were offered
to commander in chief by the Governor General are no more required to
moulded with identity and title of the emperor. The Governor General
is no more required to pose as the servant of the king and now there
is nothing to require in order to represent Governor General as
Subordinate to the Emperor. This historical change was not witnessed
in a single day which was in the process of accession of Nation from
the shameful defeat of Nawab Shahzadulla in the battle of plassey from
Clive in the year of 1757.
Let us remember 12 June 1757, when British Army collided with Chandra
Nagar Army and leaving behind only 150 British soldiers at Chandra
Nagar, Clive with an Army of 650 English soldiers, 150 Artillery, 50
Navy and 2100 Indian soldiers on the invitation of Traitor Meer Zafar.
He marched to Morsidabad to fight against an army consisting of more
than one Lak (1,00.000) soldiers of Nawab Shahzadullah. There was a
long distance from Calcutta to Morsidabad. In between Hoogly and
Kotaya were the strong fortress under the domination of Nawab but
Hoogly had surrendered voluntarily, while in Kotaya Clive had not only
succeeded by victory, but also with a huge stock of rice which of one
year. Meer Zafar, Sadar Wazir of Nawab on being assured to become
Emperor, for which Jagat Seth Amirchand was given bribe of Rs 30 Laks,
who had collided with commanders namely Ram Durlabh and Yar Lateef in
conspiracy to give this Banquest of flower with victory to clive in
the battle on 21st June 1757, Clive received the invitation from Meer
Zafar to invade the Army of one Lak soldiers with only 3,000 soldiers,
in which patriot Meer Madan fought a fearless battle on 23 June 1757,
but he was injured and withdrawn. Maharaja Mohan Lal who fought with
the troops upto the deciding hour of victory, was withdrawn on
persuation of Meer Zafar. Meer Madan had informed Nawab Shahzadullah
in respect of conspiracy of Meer Zafar, has put his crown on his feet
and persuaded by administering oath in the name of Allah not to
betrayal during the struggle, after withdrawing Maharaja Mohan Lal
from battle field, Zafar conveyed the message to clive to attack at
Midnight and ultimately Nawab Shahzadullah ran away from battle field
of plassey to Morsidabed and Meer Zafar having 45,000 soldiers
surrendered before the Clive. This was the reason of calling the
Indians as cowardice, selfish and primitive by the Churchill at the
wake of Independence and partition of India.
We are 15% of world population and having 1.5% of world’s income. We
are 54% of all illiterate of the world. In 1950 we were ranking at
16th place in the list of exporting countries, now we are ranked at
45th place. In 1950 we had 2.2% of export of world market today we
stand at 0.45%. The population of Hong Kong is 0.7% and its land is
0.03% of India yet it has almost three times the trade of India. India
has less than half of one percent of world’s tourist traffic. North
has 1/4th of world’s population and it has 70% of wealth and 80% of
trade. It has 90% of Industry, 99% of finest and most advanced centres
of learning and technology. In North, the total weight of their mile
power which is surplus as one million ton while the butter is 1.5
million tons. There is 20 million tons of surplus fedo . Our political
set up regenerates the corruption to prevent the benefit of donations
received through begging and other aids from trackling down the
requirement of down trocdens. Since all aid goes into the private
pocket of yes men of politician as such North has now stopped all such
assistance which they virtually find as surplus in their countries. It
is interesting that politicians ask another country to finance the
corruption in their own statel.
We are still like a cavemen with our backs turn to light watching the
shadow on the wall. The politicians have imposed mindless socialism
which held in thrall the people endeavour and enterprise resulting in
transfer of potential from the honest bonavelent to the dishonest and
foreign ambitions. Politicians acts in nefacarious designs with
impunity. Political parties motivated with vested interests are
dancing to usurp power through any means fair or foul even at the cost
of sacrificing the Nation’s existence to personal interest. Party
systems has pushed to advance its own schemes upon the ruin of the
rest. Our politicians are mafia dons next to the invaders. Robbers
have generally plundered the rich who are seldom subjected to
punishment but the politicians having the will of our regislation
always plunget the common citizens and protect those mafia dons under
the phraseology of “law making sovereign power” having the connotation
“procedure establish under law to be cherished instead of due
process”. There is always and excuse for tyranny and maladministration
which has degenerated the national character. The power given need a
safeguard from such arbtitrary power and unfair exercise. In present
set up freedom has become an abuse and liberty as license. Therefore
the moral damage is more terrible. Abn oppressive system is more to be
teared than a Tiger.
Mr Chandra Shekhar, then Prime Minister who also held charge of Home
Ministry himself, transferred Shri N.K.Singh then joint director of
C.B.I. who was conducting inverstigation into st. Kitt’s forgery
committed by controversial mafia don chanaraswami when he refused to
drop the investigation. The transfer, which was manifestly for killing
the investigation was challenged before central administration
Tribunal. The tribunal pronounced that a civil servant however highly
placed is bound to implement the policy decisions and directives given
by the minister concerned. It was observed that a posture in public by
a civil servant by showing his disagreement with the directions given
by minister concered is untenable in an constitutional scheme, under
which the minister concerned is accountable and answerable to their
ministers. The tribunal declared :- “The concept of indispensaility of
and individual officer, however upright, honest and efficient he may
be, is unknown to good administration under any legal system. A civil
servant trying to uphold the public and preserve and protect public
interest against the decision and directions of his own minister who
are the political maters, is also alien to our legal system”.
This fatal doctrine enunciated by the tribunal even in the light of
criminal politicians nexus was upheld without comments by the Apex
Court. However it was reiterated that the officer, a man of undoubted
competence, integrity, uninhibited acknowledgement and acclaim of his
calibre and credentials even by respondents accompanied with future
promotions earned by Mr N.K.Singh in due course are recognition of his
merit that his needless excursion into the arena of litigation to
challenge a mere transfer not detrimental to his career prospectus has
fortunately not had any adverse influence against him. Hon’ble Supreme
Court has adviced to leave the matter to those in public life who felt
aggrieved by his transfer to fight their own battle in the forum
available to them. The result is that the directions of ministers
which are manifestly intended to kill the investigation against the
mafia king has to be carrying out by the civil servant as a member of
discipline force and he should not take upon himself the task of
safeguarding the public interest.
This was completely forgotten that the criminialisation of politics is
well known and has deep rooted linkage between mafia dons, crime
syndicates and this network is virtually running parallel government.
These gangs enjoy the patronage of local level politicians, cutting
across party lines and protection of government functionaries. Bombay
Blast in March 1993 has proved the activities linkages of the Dawood
Ibrahim gang leading to establishment of Maharashtra Govt. The vohra
penal report has found that all over India crime syndicates have
become a law unto themselves. Hired assassins have nexus between
criminal gangs, police, bureaucracy and politicians. Mafia is
virtually pushing the state apparatus into irrelevance. Their modus
operandi may shift to narcotic drugs, weapon smuggling, and
established narco-terrorism network. The Indian underworld had been
exploited by Pakistan I.S.I. and its network to cause sabotage,
subversion and communal tension.
What has happened to the Nation after decision in Mr. N.K.Singh case.
Even after four and half years, of the investigation conducted by Mr.
singh nothing has come out from inverstigation in st. Kitt’s forgery
committed by Chandraswami, but it has resulted in assassination of
Rajiv Gandi with the cloud of uncertainty in identifying real culprit
to the people i.e. whether he is Chandraswami, Miss Jayalalita or Mr.
Chandra Shekhar Ex. Prime Minister or some alien Nation? The
kidnapping and plundering in U.P. and Bihar and Samajwadis as state
apparatus and judiciary with impunity avoiding the glaring facts of
judicial accountability. These instruments of breaking the back of
civil servant and police administration by politician affiliation are
arbitrary against which every citizen is supposed to have the
protection but the courts have still to pronounce the guidelines to
the people, the common man with common cause, felt aggrieved to fight
the battle in what forum available to them? Subsequently there was
malafide and manifestly illegal transfer and suspension of Mr.
M.Shankaranarayanan the distinguished chief secretary of Karnataka by
Mr. S.Bangarappa, C.M. to protect the liquor lobby of Chandraswami’s
mafia don for the public.
The citizens, “we the people” contemptlating of the infringement of
the indefeasible rights cannot be told for tolerating infreaction or
invasion of their rights anymore, which is guaranteed enough to
relegate at the dawn of human rights jurisprudence fromulgated by
judicial activism to fight their own battle in the forum available to
them under social action litigatiuon. The Hon’ble Supreme Court has
put an end to instrument of status upholding the traditions of Anglo
Saxon jurisprudence and resisting radical innovation as honest in the
use of judicial power to promote social justice. Nothing rankless more
in human heart than in justice. Access to justice is basic human right
on which is dependent other rights relating to equality. Justice has
always been the first virtue of any civilised society. Life of law is
a mean to serve the social purpose and felt necessity of people.
Affirmative action promotes maximum well being for the society as a
whole and strengthens forces of National integration. The purposeful
role for more active creative in deciding it by the court of law is by
not “what has been” but “what may be”. This is the role and purpose of
law for the sovereign power of “we the people” as enumerated in our
preamble constitution of india.
Mankind has a habit of serving the worst castrophes created by its own
error or by violent turn of Nature. There is no meaning of life in its
existence without self restraint and self organising capacity, if man
is intended to survive. Conscienceness must come out of this chaotic
life for ideal human conditions and unaccomplished gospel and its
preservation which can only provide a chance for survival and success.
Implementation of strong ideas for betterment of mankind required
steadfast wisdom. Such new and triumphant ideas should burst every
human chain which tends to paralyse its efforts to push forward. Most
of the people tend to see nothing or, to be more correctly stated, not
inclined to observe and take anything in notice because this is
simplest and cheapestattitude to adopt. The ensuring success are
mostly least understood at the beginning because they are usually in
strong contrast public opinion.
The nature of prevailing maladies and inadequacy of existing remedies
also requires a fresh apprasal. A lack of sense of duty and dedication
towards public service and reluctance towards one’s own behaviour to
be accepted arms of honesty and probity in public life is the root
cause of such disharmony. This picture of disharmony in the epic of
progres never imperilled the fundamentals of duty and obedience which
the basis of social discipline. If honesty is considered to stupidity,
nothing can be achieved for eradication of corruption. The entire
fabric of Indian society is saturated with gallopir corruption which
if not checked with iron hand, will definity ruin the very structure
of country’s basic foundations, resuing into its collapse in all
spheres of Mankind

yogesh saxena

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Aug 2, 2008, 12:33:24 PM8/2/08
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