Government department is not aware of supreme court recommendations

Government of India has taken up the computerization of Targeted Public Distribution System (TPDS) in a phased manner to improve the efficiency and effectiveness of the TPDS. In the first phase, the scheme on Computerization of TPDS Operations had been approved to be implemented on pilot basis in three districts each of Andhra Pradesh, Assam, Chhattisgarh and Delhi. A pilot scheme on Smart Card based delivery of essential commodities has been initiated in Chandigarh UT and Haryana. Under the scheme, existing ration cards are to be replaced by Smart Cards.
Department of Food & Public Distribution is not aware of such recommendation made by the Hon’ble Supreme Court in the recent orders passed relating to TPDS in the Writ Petition (Civil) No. 196/2001.
This information was given by the Minister of State for Consumer Affairs, Food & Public Distribution, Prof. K.V. Thomas in a written reply in the Lok Sabha today.

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Anna movement demystified

Anna hazare had started his fasting on 16 august and his fasting is still continuing. He seems determined to give India a strong lokpal bill. The government, close associated of the government and a very few social activist question the methodology and constitutionality of the protest. Right to protest is a fundamental rights and no body can dispute on this fact. Here are some of the question which needs to be analysed to bring out the truth.

 

1. Is this  protest a way of  threatening / coercing the government?

The government formed a joint-drafting committee. The government latter in the committee meeting refused to accept some of the major points raised by the civil society. The government then presented it’s version of the bill before the parliament which means joint drafting committee actually did not draft a bill jointly. The government constituted joint draft committee was just acting like a standing committee and listening to views of civil society.  The anna hazare team protested this and demanded some of there views to added but the government showed deaf ears to the request. It was an arrogant behaviour of the government. This arrogant behaviour needs to be dealt with way it has be dealt. This can be compared with use of force in act of self defence. It is certainly coercion on an arrogant and inefficient government which it’s rightly deserves.

2. Cannot make laws in the street?

Certainly if a group of draftsman sit in the street certainly can come out with very good bills.

The argument that cannot make laws in the street is so vague and ridiculing the civil society , certainly anna’s team has not drafted the bill in the streets and certainly has not asked the government to pass it but just requesting the government to consider their point of view.

3.People sovereign or parliament sovereign in India:

Our democracy is not that of UK where the parliament is supreme. In India constitution is supreme. In constitution the people are first and then the institutions formed under the constitution. It’s the will of the people and not the will of the parliament. so the voices of the people have to be heard. some may argue that there are only few hundred thousand people protesting and it’s not the entire population. In a democracy it’s always the majority wins, here there is no counter protest or voices against the movement in any part of this country which it’s self shows that team Anna has majority in the issue. 

The movement is right in every aspect and it’s the government which needs to act rather than making tuff talks, counter arguments etc

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Government in search of magic wand

UPA – II had promised a lot when the returned back to power and now they are in search of magic wand to curb corruption. can government really find a magic wand and succeed against gaining it’s lost popularity. A dumb prime minister and loudspeaker spokesperson has certainly failed. The dual power setup in UPA has been a biggest failure and only defence for every issue is the integrity of Manmohan Singh. Now can they put of the fire lit by Anna hazare against corruption.

 

The congress during the pre independence and also for short period after the independence remained a true representation of the Indian people. During Independence struggle the congress used to fight against the British raj or then government now there is protest against the congress government. The congress has lost the people’s trust and no longer the true representative of the Indian peoples.   Will the  government continue to act arrogantly and bring up fantastic stories to defend themselves against the movement or will they prepare a very well drafted legal defence against the problem. It’s seems that UPA is heading towards a biggest disaster.

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Corruption vs irregularity

The prevention of corruption act, 1988  talks about taking illegal gratification. The  act defines "gratification" as not restricted to pecuniary gratification or to gratifications estimable in money. Under this act offences can be made out only if there is proof of taking illegal gratification. let us examine some of the current corrupt cases which are under trail,

2G spectrum,

1. Raja has not received but has help Kanimozhi to receive the illegal gratification.
2. Kanimozhi has received illegal gratification though her TV company.
3. Maran, fmr textile minster has received illegal gratification indirectly through his brothers company.
4. BS Yeddyurappa has received illegal gratification through a family managed trust.

Now the question is that  Sheila Dikshit has been charged with irregularities by CAG report, does this amount to corruption. It’s inclusive with in  popular meaning of the word corruption, but under the prevention of corruption act this not an offence since no illegal gratification received.

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Central government’s review petition on SIT

The central government has filed a  review petition to withdraw the SIT constituted by supreme court. The governments has appealed to the supreme court to withdraw the SIT on the below grounds.

Economic policy

“It impinges upon the well settled principle that courts do not interfere with the economic policy which is the domain of the Executive and that it is not the function of the court to sit in judgement over matters of economic policy, which must necessarily be left to the expert bodies”. The government has contented that it’s the economic policies of the executives and the court cannot review matter regarding the policies. Any rational mind would understand that executive have the worst of economic policies. What is their policy to allow the black money to flow out of the country and do nothing about it. Is this the policy of the government and the executives?

Separation of power

The government feels that judiciary has gone beyond its powers and there by infringing the powers of the executives, That is SIT take away the power if Enforcement directorate and Intelligence bureau and gives it to SIT . The separation of powers is well established principle and it has to be respected is the contention of the government.

The governments contentions are very clear that they will act slowly and do nothing about corruption and also the black money issue.

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Maran will soon join Tihar mates

  Dayanidhi Maran was the telecom minister in the UPA – 1 and has now been under the scanner for alleged corruption and misuse of his position. The opposition parties have stepped up the demand for Maran’s resignation. A political party  went on to say that it high time that PM should drop him from his cabinet. The pressure has mounted badly after the CBI’s report to supreme court on his involvement in 2G scam. DMK has let him down and will not extend any support to Maran and congress will be looking to clean its name from the 2G scam so the arrest of Maran is eminent.

Allegations:

1. Threatening AIrcel founder to sell the company to Maxis communication, In turn maxis has invested 700 cr in sun direct owned by Maran’s brother.

2. Setting up of a private exchange for the benefit of Sun network and causing a loss of revenue to BSNL.

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Selective and targeting non congress governments

In Karnataka the governor has been very active and never misses a chance to lash out at the BJP government. similarly Rahul targets selectively at UP government. In no case one would defend the corruption at Karnataka or atrocities of UP government but the point that is made here is why selective targeting them, as if all the other state does have any corruption or any atrocities have not been committed. Rahul has never made or expressed his views on lokpal nor did he make any trip to Jaitapur where the lands are forcefully acquired by congress government and there is also concern over safety. will Rahul’s gimmicks work? certainly no, his plan for Bihar was a big failure. In next parliament election it’s certain that congress would face a major defeat even if Manmohan singh is the prime ministerial candidate. 

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Strong action will be taken..

The army chief has said that strong action will be taken if any army officials are found guilty. The killing of 13 years old boy is serious crime and if any body has committed it will automatically qualify for a severe punishment. what further action will he take beyond penal punishment.

Certainly army officers do enjoy certain immunity against criminal proceedings but certainly not against this type of killing.

Recently supreme court India has made remark on armed forces immunity and it goes like this "You cannot say that an army man can enter any home commit a rape and say he enjoys immunity as it has been done in discharge of official duties," the apex court remarked. This case will also be taken up in similar lines, cannot killing a 13 year old boy is certainly not the official duty of the army. The army chief has said something for the sake of making a statement. His statement has no meaning and the people of this country needs action and not cover up & media statements. 

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“Torture or other inhuman treatment in India”

Purulia arms drop extradition case was yet another failure for CBI. CBI is known to lose the extradition cases. The best one is bofors extradition case. The Danish court has agreed to the point that kim davey  may be subjected to torture or other inhuman treatment and dismissed the extradition case. It’s a national shame that CBI could not convince the Danish court on extradition. The courts remarks over the inhuman condition at Indian jail is unacceptable and as a country India should fight this case and government has to mount pressure on Danish government regarding this. 

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Not a precedent says sibal

“I don't say it is a precedent. In the given situation, the government was in, it is a decision that we took with open eyes and I don't consider it to be a precedent... the government was in a particular situation,” Mr. Sibal told PTI

It is his freedom to express his views but his views need not necessarily be correct or an widely accepted view , why should it not be considered as a precedent? just because government feel unsecured it shall not lose it’s value. In a democracy a legitimate people movement shall ought to be respected and demands to be fulfilled.  

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