Thursday, June 01, 2006

Right of expression - Amir Khan and other Artists in India suffer popular dictators

Banning Da Vanci Code by the State of Tamil Nadu and Fanaa by state of Gujrat:- The ruling political community in this country often plays to protect its own vote bank in this process they are willing to barter away any and every kind of values. Thus there is very great noise to silence the voice of Hindi Actor Amir Khan , the politicians have been trampling right expression of the Amir Khan as they did against Actress Khusboo and Shasuni. The Right expression is inalienable right of every member of the Democratic society. There would have been one man called King in the monarch whose foolishness and wisdom are the law regulating de facto rights and obligations of the members. Here it is collective foolishness of either a minority religious community or majority linqustic fanatics that is indian democracy.

Journalism in Tamil Media - Sun set



Vernacular Press : Tamil – Decline in ethics – Mela sagaum intha tamil prophesy by Bharathidasan is true

I, being an advocate, have been coming across with so many press persons in course of my professional life, the following are my perception regarding Tamil News journalism and its establishment :

1. Most of the papers with decent quantity of circulation do not have recruitment policy, thus any man comes to office for a cheap pay packet is acceptable for them.
2. The benefits, that are ensured to the working Journalist under the law have been consistently denied to 80% per cent of the Pressmen in vernacular media. The Media establishments choose evasive description of job to avoid invocation of the Working Journalist Act
3. It is worth to be noted almost all the News papers ( Except Dinamani) in Tamil Nadu, have become oriented with any one of the Political Party.
4. The Media establishment reap collateral benefit out their coverage of particular political party or interests, while those persons who have been hired often scout around the police station to become tout for the Law enforcement authorities.
5. Further, Most media establishment provide slot for those who choose journalism as a stop- gab arrangement in their career. As soon as a reporter locates another venues like Xerox or STD Booth, he simply forgets journalism.
6. Knowledge of this reporters in various faculties of the life is very abysmally minimum, thus most of the events taking place in Tamil Nadu ( particularly rural area )with scientific and academic implications are not reported. The Editors of the paper often follow the trail of the English media.
7. It is easier for them to fill up the News paper pages with news and photos relating to road accidents or inconsequential inauguration functions for which the reporter would have been fed with mugs of Beer and Briayani
8. This reporters also simply go around court premises and collect money from any of the parties to the case. They report only the contents of petition which are presented before the authorities unmindfully of the worthiness of the contents of the petition for the purpose of publication( recent coverage of Media about the Divorce proceedings of the ex –Tamil actor Aravinthasamy acted in Bombay ). The vivid reports of filing cases by some unknown cheap publicity hungry persons against actress Khsuboo is one such thing. The reporters do not care for version of all parties while reporting matters of like this , nor even the fate of the petitions so presented after full hearing by the authorities.
9. If the readers of the Tamil New Papers get to know the real character of the media person not even single paper would be sold in Tamil Nadu.
10. Almost all the political leaders have been vilified by any one of the newspaper, but only when they were out of power they cry hue and cue, once they come to power they would not take steps to promote healthy and fair reporting.
11. Jayalalitha`s and Karunanidhi`s personal life are often shown in bad taste by so many print Media. Either this people chose to silence them by the use of power rather they really failed to think what are the factors which contribute to the monstrous paparazzi in Tamil Nadu.
12. The reformation of the law regarding defamation is very vital for the addressing this mischief. The Law makers should do away the present system of 71/2 per cent Court Fee on claim for compensation. Rather the Court Fee should be a fixed amount.
13. Media persons in the Electronic Media are one step ahead of the others, they often go for the big collateral gains like Mr. Chao`s and Aratai Arangam Visu`s support of AIADMK

The net result is there is no news paper publication in Tamil with judicious approach to any of the issues

Sunday, January 29, 2006

Hello My Dear Legal Fraternity

Hello my dear Legal fraternity : –
I would like you to think and debate the following thing in order to have clear idea of the concepts:-

1) Whether promboke Natham lands can be taken by the government from its settled occupants without following the procedure laid down in the law.
2) Whether the doctrine of throwing into common hotpot by the Karta of the Hindu undivided family is sastric law is holding good (as the same has been followed without any deviations )in view of the sweeping social developments like no oral transaction is entered by any individual today , whether law requires it to be in writing or not , almost all the transfer of property is evidenced by the documentary evidence now days. The custom oral transfer is practically non existent.
3) Whether a Hindu Widow has obtained absolute inheritance from her husband a sum of Rs.1,50,00,000 can claim to have enlargement of the limited estate granted for her life time in the will executed by her husband.
4) In the above said case if the said woman, choose to suppress on the advise of her advocates to suppress the fact of her absolute inheritance and claims that she had maintenance, will this act will not amount to criminal Conspiracy under Indian Penal Code.
5) Whether the Junior Civil Judge with limited jurisdiction with reference to value of the property can frame issue and decide the title of the property valuing above his jurisdiction by simply stating that the subject matter of the suit was incapable of valuation this statutory minimum value was adopted to value .? If so such whether those judgment are valid in view of Section 27(a) of the Tamil Nadu Court Fees and Suit Valuation Act ? whether Valuation so adopted is immune from judicial scrutiny under Section 54 of The Tamil Nadu Court Fees and Suit Valuation Act .
6) Whether inhibitions of framing issues as found Section 27 is applicable to the First and Second Appellate Judge
7) What is the definition of the word `Poromboke lands in Tamil nadu`
8) In view of the ever expanding corrupt and arbitrary practices is it necessary to enact a law under Article 32(3) to confer powers of the Supreme Court upon any one of the Subordinate Court with abolition of the Writ Appeal in the High Court ?
9) Why the violation and non implementation of Right to information Act should not be made an offence punishable imprisonment ?
10) The present system of placement of Judge at Subordinate judiciary offers lot room for nepotism in the administration of justice particularly the single community dominated places, where the members of the Bar are left with lot of means to disturb the peace in the judicial forum, The rotation of the judicial Officers in this area according to the results of the draw would ultimately curtail any unethical practices. The readers are requested to suggest alternate suitable suggestions or other legislative and administrative steps in this regard.
11) Whether a Judge who is sitting in the Motor Car Accident Tribunal is covered by Central Vigilance Commission proceeding ?
12) What is accountability of the Civil Judge who deliberately misinterprets the documents or omits to consider material evidence or follow the binding precedent ,
13) What is the rules of the procedure in a petition under Section 34 of the Arbitration and Concilation Act 1996? Whether CPC can be applied?
14) Please Elucidate the scope of the Mental Health Act and Procedures contemplated for the appointment of the Guaridi

I would like to form an advocate newsgroup interested advocates may kindly send their ids to my aforesaid id,

Monday, November 14, 2005

kushboo and Suhashini -tamil foolish sentiments

The artists living in the state of tamil nadu are now facing big challenge which the poets of the tamil sangh could not have faced. At first it was Khusboo and now it is Shuhasini.
I have seen political rallies in which the personal life of political leaders were highlighted in bad taste their opponents, but none of them have critizied by the so called tamil taliban. I would like to inform those people tamil language is system of sound, that all it does not confer any ingenuity upon who understands the same or by just using it.The mankind (womanfolks also) has sixth sense gifted and harnessed by human race not by any system of sound. I would like at the same time to salute all those our forefathers like dhanvantri and other native medical experts and artist regarding the devolpment of art and science

Another aspect of this problem is the loopholes in the filing the Criminal Cases. It is strongly recommended that the present system of filing the local criminal cases should be abandoned . A new system providing for the centralized filing of criminal and civil cases and subsequent hearing being had locally be brought upon.

Because per se all those cases which were filed against M/s.Kushboo and Sushasini are not maintainable – There is lot of rulings by Supreme Court which guide us in balancing the right of expression and right to dignity of individuals as guaranteed by our constitution ( I am a practicing advocate, )

The readers may recall that our constitution guarantees agasint double jeopardy, all this aggrieved persons keeep filing this case with spceific knowledge of pendency of the more than one case. But assuming that accused is guilty, for a while, no more than once this accussed can be punished. Thus all other cases are futile. Then why such case are filed or taken on record. The high court itself is very much aware of this position but it refused to stay the mettur case. As an advocate i am very clear none of this case would result in conviction.




I would like to appeal all those affected by this mischievous litigation to appeal to State and Central Law makers to bring forth a effective legislation for curbing vexatious litigations both in civil and criminal forums regulating the citizens of this country and the Law enforcement authorities in matter of this nature ,otherwise more persons would have to suffer like this

I am really sorry for the role played by print and electronic media for their commercially exploitative coverage of the publicity stunts enacted by those scums. Partiularly the sun tv. which delibrately failed to explain the legal singificance of those cases with their usual panalist.

Merits of Khusboos Remarks:-

From the media I understand the Mrs.Kshuboo sought a convey a educational value of leading healthy and hygienic life for womenfolk’s. She has emphasized the role of woman in making decision reproductive schedule of the family, so far such matter have been put in the male domain alone. It is the woman who suffers the most in the matter of pregnancy and delivery of child. But they are not involved in making relevant decisions. There is tamil movie son wherein a singer sings that Kalyanamthan kattikittu odipogalma or odipoyeetu kalyanapannikalam, where was this tamil taliban

Friday, November 11, 2005

judicial reforms

My dear friends,
I would like to share my experience or experiment with the Indian judicial system, I am hailing from the little town Kulithalai in Karur District of Tamil Nadu I am a practicing lawyer.
My uncle was induced by some advocates from karur to file a suit in which the plaintiff signature itself was forged and some fabricated documents like the Will of the existing persons were sought to be relied. Now the matter is subject matter of enquiry by the Vigilance Cell of Madras High Court.
In this matter I filed a petition before the trial court praying for complaint to be made concerned judicial magistrate Court Karur. The learned judge who held the opinion that mere stating in the witness box by the eye witness or pleadings that the plaint was a forged one not sufficient to prove the forgery and false document and also he held that he having parted with his judgment he could not file a criminal case upon the same matter.

Later I preferred a criminal Miscellaneous Appeal under Section 341 of Cr.P.C.,Both civil and criminal appeal were filed on the same day ie 19 th April 2004. But learned judge deliberately held that no civil appeal was stated to have been preferred in the criminal appeal thus the same is liable to be rejected
Then again I preferred an petition under Section 482 of the Cr.P.C. before Madurai Bench of Madras High Court. In which the respondents were called to enter appearance, wherein too they filed a forged vakalth and counter thus I preferred another proceeding for perjury at High Court by way of Cr.M.P.249 of 2005
Now Mr.Justice Kannadasan heard the matter, to shock and surprise held that proceeding in Cr.M.P 249 of 2005 had nothing to do with main relief of perjury and forged documents in the subordinate court thus he dismissed the miscellaneous petition
In all this matter I had arrayed all those advocates who were party to the forgery as the respondents
Subsequently he directed the registry to place the matter on specified date and he dismissed the main petition which sought a direction for enquiry into allegations of forgery , criminal Conspiracy on ground that civil suit was pending , it may noted it is public knowledge that the Civil Cases in our country consume many decades, droppoing of the criminal case in the pretext of pendency of the Civil case will mean giving license to the illegality, this view has been echoed by the Supreme Court in it`s various judgment when the Criminal proceeding was sought intiated to be thwarted on the grounds that matter had civil nature . The Supreme court in many cases questioned proprietory of the counsels to make such arguments, the whether the offender who choose to forge and fabricate the document should be scot free till the disposal of the connected civil case if they were filed in the court . Then court will be shielding the accused from the law.

It is my humble opinion no individual can be held for presenet lumbersome indian judiciary, the root of the rot starts at the Law College itself.
The concerned authorities should see that not only persons of immoral character is permitted to enter into judiciary, they must also very quick to chuck them out.
This exercise is easier said than done, I would like to say that the charity should begin from root, the legal profession itself be reformed.
The disciplinary proceedings of the Bar Councils should be made transparent and open , In present days all the Bar Councils are recreation club, day in day out the advocates call for boycott in violation of directives of Supreme Courts .
There so many cases where the persons against whom criminal cases are pending for long years were allowed to practice.

The Most obnoxious of all this Rules Bar Council permit you to enroll as an advocate even if you have committed murder if 3 years have elapsed from the date of your conviction





Right to information Act 2005:-

Readers of this article are entitled to know the fact even after elapse of more than fortnight from the date of coming into force no judicial authority including the Tamil Nadu and Pondicherry State Bar Council in the state of Tamil Nadu has complied the same by appointing the information Commissioners as required by the Act .