Is Judiciary not answerable?

Background

Few months back some top lawyers of Punjab and Haryana High court had beaten up a policeman on security check duty at the high court entrance. FIR was filed against those lawyers. But instead of challenging that FIR in court of Law, all lawyers of the high court went on strike and protested on the streets of Chandigarh and in front of the governor house. And the FIR was cancelled .Their protest had Won. But did the keepers of justice, did Justice?

It raised certain questions in my mind. I raised those questions in my letter to more than 100 honourable judges of the Punjab and Haryana high Court, Judges of Supreme Court of India, Bar association, and top activist lawyers of High court.

But I received reply from only one honourable judge of Punjab and Haryana high court.

I am sharing with you the questions I raised in my Letter.

Copy of the Letter to Honourable judges-:

The recent strike by the advocates gave me a feeling of being cheated (in the form of yet another ‘date’) as a child waiting for his turn to get the medicine when the ‘Doctor’ suddenly closed his shop (Clinic of Justice) when he saw that ‘his own child’ is also in the same queue and the doctor, knowing well the truth of his medicine, dared not to give ‘his own child’ the same medicine which he has been prescribing since freedom of the nation.

This strike has raised many bitter questions:

1.            Have the members of the Bar ever advised any victim of a FIR that he should get it quashed by using muscle power of his own tribe or have they ever advised him to have faith in the law and engage him as a lawyer?

2.            That the lawyers have no faith in the system.

3.            Long back I asked two legal luminaries “why lawyers help each other on getting adjournments” One of the luminaries stated that it is a matter of ‘Legal Ethics’ and other said it is ‘Mutual Conspiracy’.

4.            Are you aware that there are lawyers who get the stay by misinforming the court and then keep on getting adjournments till the subject matter becomes infructuous and then both the lawyers suddenly appear in the court as if they were waiting for that day. What should we call it?

5.            Does the court judgment depend on-?

 a) Merit

b) Face and Fee of the Lawyer

c) Mood of the Judge

6.            Do you know that there are lawyers who encourage people to file false criminal cases (lodge false FIRs) and when police refuses to oblige them they file a case in court where they being in the control of things can manage and get everything decided in their favour?

7.            Does it mean that in order to get an FIR (false or otherwise) stayed or quashed, in future, one has to use muscle power of his tribe, the way it has been amply demonstrated by the hon’ble Bar and equally encouraged by the Hon’ble Bench, which was headed by none other than the Hon’ble Chief Justice of this Hon’ble Court.

8.            How can the court be discriminatory and selective that for the cases of other clients (who have paid lawyers heavy fee) do not get any stay but for their own fraternity case the DB of the Hon’ble Chief Justice and stayed the FIR?

9.            In fact, I was just thinking of bringing this unfortunate incident to the notice of the All India Bar council so that they may advise the members of the Punjab and Haryana Bar Association ‘to have faith in the justice system of India’ but to my utter shock I read in the newspapers that they had not only supported the lawlessness of the Punjab and Haryana Bar but also advised the advocates across whole of India to follow in the footsteps of the Punjab and Haryana High Court Bar Association.

10.          As a door which opens only once in a year should it be called a ‘wall’ similarly a ‘Nayalya’ which keeps on giving ‘Tareekhs’ should be called a ‘Tareekhalya’.

11.          Above revelations give me an impression that the injustice that ‘Aam Admi’ is getting in India is not only because of the Hon’ble Judges but also hugely because of the role played by the hon’ble members of the Bar who are our own brothers, uncles, nephews, etc.

12.          Will the hon’ble BAR discuss debate, argue and enlighten the ‘Aam Admi’ as to how the system can be made just and fair for him?

13.          As a patient approaches the doctor for his physical injuries he approaches the ‘Clinic of Justice’ for not only physical injuries but also for emotional injuries. Can a doctor take full fee in advance for the surgery which he may never do on his patient and keep on giving dates in future till the patient dies without the doctor having to return the fee?

Important- This is not a Satire or in Lighter vein 

Most humbly daring ‘Aam Admi’,

Meekly yours,

Prof. K K Garg

PEC Campus

Sector 12, Chandigarh

What keeps our society from ‘growing up’?

News channels – limiting our range of thought?

People in power always want a bundle of followers or a group of non-thinking people. People who need to be fed on pre digested thought that they are given in the form of slogans. We, being a non thinking   society, it suits us. Even if we want to think, efforts are made to limit our thinking range.

When a congress leader said “that politics is a good business, one can buy the Rajya Sabha seat for 200 crores and then make more money. The news reader on Times Now, instead of getting alarmed at this said, “Will he be pulled up for mocking at democracy?” He should have been shocked at the revelation by an insider.  He should have asked for a probe into misuse of democracy.

 Whenever someone hints at the corruption in judiciary, media stumps this by warning that this is contempt of court. While media should have asked, “Is judiciary also corrupt?” When people protest against the non responsiveness of the police or justice system, news anchor will say “What will happen to law of jurisprudence, if people want justice in streets”. He will not let people think that justice process needs relook, but keep you tied to the words like Democracy, Jurisprudence and contempt.

Var or Palatwar- Attack, Counter attack-“ leader of congress attacks leader of BJP” and in next breaking news you listen” leader of BJP counter attack on congress” giving you a shock when you find both the leaders going hand in hand to save the  BCCI chairman Mr.  Srinivasin. Nobody is attacking any one. It is pre fixed match between two looters to jointly loot the nation’s resources keeping people glued to TV’s where ( Koi Nahin Chalata Par Teer Chal Rahe Hain)

Manufacturing our consent

Media not only limits our thinking range but at times  works to manufacture public consent  in favor of the vested interests  - these may be FDI, Nuclear Power, Naxals etc. - by bringing the conclusions of their discussions  on the pre decided  conclusions.

 Entertainment channels – limiting the growth of our value system?

Majority of our popular serials are busy showing worst of the human traits like cheating, greed, suspicion, deceit, manipulation, cunningness, superficialiaity. Even when you see someone going to make tea in kitchen, someone will be watching with a twinkle in her eyes from a window as if she has kept poison in the milk pot and moment she is about to sip the tea - the  episode ends suddenly, keeping you thinking  these worst of human emotions ,which will not allow you grow to the grandeur of life .Thus what starts as dose of entertainment ends up polluting  the Indian viewers mind .

Comedy amuses but pollutes-

These days there is lot of rush of the audience on the comedy channels.  Though these channels provide us  a  temporary relief  from  our  stressful life  but these channels revolve around double meaning dialogues , humiliation of the other, crude dialogues and very often - lack of creativity, thus lowering  our sense of grace and aesthetics.

But are these channels alone responsible for showing us these serials? Or do we also enjoy them which further encourage the media channels to show us more of these? It seems like us and the media are together responsible from not making our country ‘grow up’…

Is our youth only a vote or more ? by Prof. K K Garg

The real meaning of the much used and abused ‘system’

A few days back, Rahul Gandhi, while speaking to Arnab Goswami on Times Now used the word ‘System’ 73 times. Here is an excerpt:

“I saw people I love destroyed by the system. I am blind because the system everyday is unfair to our people, I am sure that you also in your work feel the unfairness of the system. The system everyday-everyday hurts people and I have felt the pain that the system can cause……and the thing that I see is that the system in this country needs to change, I don’t see anything else and I am blind to everything else.”

Around fifteen years back, a top BJP leader who was in Chandigarh to attend a seminar asked, “What is this system;Why don’t academicians explain it?”

Oct 2012 - Kejriwal was agitating on the streets of Delhi against the corrupt system.

Sh. Pawan Bansal Minister- responded to a question by a reporter- Who is kejriwal? What is wrong with the system which has worked well for last 65 years?

What is this animal called system which -

·         BJP leader wanted to understand it

·         And Pawan Bansal feels happy with it

·         Rahul uses it in every other sentence

·         Kejriwal wants to Change it

Being a student and teacher of systems I felt I should respond on the nature and dynamics of systems. I am sharing with you the response I sent to Sh. Pawan Bansal ( Then Minister in Central Govt).

 Let us understand - What is indeed a System

Systems behave in a certain manner depending on the relationships between different parts of the system. Parts continuously exchange information and energy. System’s growth, maturity, decline or death depends on this Exchange. {Energy is resources of the Nation, like Land, Water, Mines, Trees, 2G, and 3G}

A system is always composed of parts, like govt. and people make a system. When one part of the system tries to become independent of the other taking more power than required, then it loses the listening part and communication remains one way. When someone tries to communicate with the powerful part he is seen with a suspicion as a threat to the survival of the status quo, it further loses communication. Then all actors of the powerful part unite to defend the status quo leading to further alienation.

Communication, flow of Energy and sycophants’

Earlier the communication link was because of grass root workers and opposition. Slowly opposition also found it beneficial to be on the side of powerful part and started sucking the part of energy which was supposed to go to people. As the opposition became a part of the powerful, it led to alienation of the grass root workers thus cutting the second channel of communication also. Now, the powerful part wants to listen only to its Echo, giving space to the sycophants who will only say what you want to listen, thus making the isolation complete.

Kejriwal is a response of the system which is losing the purpose for which it was created, thus filling the communication gap.

What Is Corruption

When a system or machine or biological entity does not perform its function for which it is created or becomes destructive of its own aims and objects - it is called a corrupt system. This is the definition of corruption.  It does not always mean money but when a machine starts working against its own program, it is termed corruption. In robots and machines, the machines have to be destroyed if they cannot be remedied.  In human affairs too, it ends in something like that but it is attained after much human suffering. In human affairs the lesson can be learned unlike machines and robots which do not, once their circuitry is damaged or short circuited. 

Regards

Prof. K KGarg                              15-10-12

If Sri Sri is Saint then Kejriwal is ….

This Write up has been removed with due apology to  all , as kejriwal turned out to  be
 neither Saint nor Soldier.

Prof. K K Garg

kalpana to kejriwal - hope for the youth . by prof. K K Garg

Is media a bitter chocolate?

 Whenever threatened, Aam adami will retaliate by saying that he will call the media – just like a child threatened by a bully retaliates by saying, that he will call his elder brother. Media had an impression of an elder brother of the aam adami, but just till kejriwal blamed it.

Is media really a saviour, a sweet or a bitter chocolate?

Bitter chocolate is the name of book written by Pinki Virani on the bitter truth about child sexual abuse in our so called highly moral society. This shows how a trusted person – who could be a cousin, uncle, and teacher or any near and dear - lures the child by a chocolate and wins the child’s trust only to abuse her sexually, leaving the child hurt. Recently, the Bollywood movie Highway depicted this.

Purpose of Media: There is no single objective of media.

Desired objective of media – To act as an error detector like a thermostat in an air conditioner, to sense the temperature, compare it with the desired temperature and in case of error send the message to the motor which starts or stops.

But in case of Media it can only sense and convey.  The motor in the form of various organs of govt may or may not act. Desired temperature of media is the declared objective of our constitution.

Actual objective - To fulfil some part of the above because it has to serve interests of many agencies

• Aam adami wants - media to voice its concerns
•  Owners of media want media - for profit and power sharing.
• Govt wants - propaganda of whatever it wants to tell the people
• Journalists - Start as a mission, but while moving in the corridors of power to keep a watch on the powerful, some get lured or sucked into power centres. Thus, they become partners in power and end up as power brokers or pawns in the hand of rulers.  Some obey the dictates of owners others to who - so ever pays their price. No Indian institution is free from such people. Some are honest and take it as a mission, but question is whether they are given the beats to cover ‘Nature’ or ‘Power Politics’?

What actually happens – From chocolate to ‘bitter chocolate’

 As Noam Chomsky says, “The mass media is little more than a public relations Industry, for the rich and powerful. The media’s job is train the minds of the people to believe in the virtue of powerful goons who rule them”.

Media For profit-

• Advertisement or News –   Few years back, when I bought a chocolate, to my shock when opened there was a plastic piece of two inches in it. I contacted a news reporter who sent the photographer, who clicked at least 10 photos of the defective chocolate.  Next day, in the news paper, there was no news but a big advertisement of that chocolate. This is how news got replaced with Ad.
• Ads or Promotions - Visiting actors on various channels in aren basically paid advertisements in guise of visits or interviews to sell their films. Ads of God men like Nirmal Baba are given as discourses. Even the magazines of the stature of India Today, published features on the third rate institutions, which were actually high paid ads.
•  Are advertisements packed in between two serials? Or  Serials are packed within two advertisements?  Samir Jain (co proprietor of Bennett Coleman of  Times Group) said once “we are in the business of advertisement rather than News”.
• Are advertisements bad?  No - As they are must for financial survival of the newspaper or TV or we will have to buy our Newspaper or TV subscriptions at very high prices. What is bad is to give that type of serial or news which will gather a particular type of audience who will buy the advertised product. The content of a news or serial is dictated by the product to be sold. So Ad agencies are deciding, what to feed in the minds of people.
• Media keeps people  busy in little petty things-in the name of entertain  most of the serials  show stories woven around  worst of the human traits like cheating ,greed, suspicion, deceit, manipulation, superficial ,bitchy nature of characters . Thus what starts as dose of entertainment ends up stunting the Indian viewers mind?
• News channels in the name of debate or discussion doing the same.
•  Prime Time discussions – are they discussions, debate, dialogues? They are neither. But they are like pre fixed moves of WWF entertainment matches. In most of the political debates you will not see free men, who can speak for the Nation. But petty men are saving the skins of their parties, for which they keep on telling lies. And TV’s keep on calling these liars daily.

Why the media does it?

 To limit the Thinking range of People. Because ‘thinking’ people can challenge the Misdeeds of Rulers.

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